orders of the day · f) that a by-law be presented for three readings to amend by-law no. 98-8 “a...

ORDERS OF THE DAY

Page No.Disclosure of Pecuniary Interest........................................................ 3

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

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

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

Report No. 34 of the Committee of the Whole (In Camera).......... 4

Report No. 35 of the Committee of the Whole ................................ 5 1. 2002 Operating Budget (C069), schedule pages 1-29

Report No. 36 of the C.A.O (Consent) ............................................ 6-8 a) Temporary Street Closure – Mardi Gras Festival (C064), schedule pages 30-32 b) Tender No. OS-FL-2002-09 (C059), schedule pages 33-34 c) Temporary Street Closure – Beat Beethoven Run (C065), schedule pages 35-38 d) Assignment of Lease (C057), schedule pages 39-40 e) Contract Agreement with Nav Canada (C060), schedule pages 41-45 f) Appointment of Statutory Official (C062), schedule pages 46-48

Report No. 37 of the C.A.O (Recommend)................................... 9-10 1. Pedestrian Crossing Policy (C063), schedule pages 49-67 2. Gardiners Road Reconstruction Update (C067), schedule pages 119-122 3. Kingston Fire & Rescue Orgaizational Structure & Services (C068)

CITY COUNCIL MEETING NO. 08-2002

March 19, 2002 at 7:30 p.m. in the Council Chamber, City Hall.

City Council Meeting No. 08-2002 Agenda

March 19, 2002

ORDERS OF THE DAY (Continued)

Page No.Report No. 38 of the C.A.O. (Consider) ............................................ 111. Capital Budget – Kingston Police Building (C070)

Report No. 39 of the Planning Committee ................................. 12-23

Report No. 40 of the Local Architectural Conservation Advisory Committee ............................................................................................. 24

Information Reports............................................................................. 251. Ontario Works Literacy Testing & Training Initiative (C003), schedule pages 68-100 2. Tax Arrears Status Report (C058), schedule pages 101-103 3. Tender & Contract Awards – February, 2002 (C066), schedule pages 104-108 4. Ontario Works Employment Assistance Program (CW004), schedule pages 109-111 5. Status Report on KEAP (CW015), schedule pages 112-118

Miscellaneous Business. ...................................................................... 26

Motions .................................................................................................. 26

Notices of Motion ................................................................................. 26

Minutes .................................................................................................. 27

Tabling of Documents ......................................................................... 27

Communications ............................................................................ 27-32

Other Business ...................................................................................... 32

By-Laws ........................................................................................... 33-35

Adjournment......................................................................................... 35


March 19, 2002

(Council Chambers) ROLL CALL

DISCLOSURE OF PECUNIARY INTEREST

PRESENTATIONS (1) Tanie Steacy, Manager of Program Delivery for Social Services, Michael Lanigan, Ontario Works

Supervisor for Social Services, and Karen McGregor, Kingston Literacy Project Coordinator for Kingston Literacy, will be present to speak on Information Report No. C003, “Ontario Works Literacy Testing and Training Initiative”. (File No. CSU-C13-00-2002)

DELEGATIONS (1) Lorne Malinoff, Regional Chair for The Easter Seal Society, and Ian Marshall, Easter Seal

Ambassador, will present the Mayor with the official 2002 Easter Seal. (File No. CSU-C13-00-2002) (See Miscellaneous Business Item No. 2)

(2) Rob Campbell for the Pitch-In Committee will be present to speak to Council on “Pitch-In Kingston

Day”. (File No. CSU-C13-00-2002) (See Miscellaneous Business Item No. 3)

PETITIONS


March 19, 2002

REPORTS REPORT NO. 34 OF THE COMMITTEE OF THE WHOLE “IN CAMERA”

Report No. 34 To the Mayor & Members of Council: The Committee of the Whole “In-Camera” reports and recommends: 1. THAT Council accept the Offer-to-Sell dated February 5th, 2002 from 855582 Ontario Ltd. for the

property located at 971-971A Division Street at a purchase price of $575,000.00 and authorize the Mayor and City Clerk to execute the Agreement of Purchase and Sale on behalf of The Corporation of the City of Kingston under corporate seal, and;

THAT Council accept the Offer-to-Sell dated February 25, 2002, from Manuel Codeiro, in trust and personally, and Lidia Santos, in trust, for lands to the rear of 971-971A Division Street and lying north and northeast of Day Street at a purchase price of $181,251.00 and that the Mayor and City Clerk be authorized to execute the Agreement under corporate seal on behalf of The Corporation of the City of Kingston;

- and further - THAT following completion of the purchase of the lands located at 971-971A Division Street, Council declare by by-law or resolution passed at a meeting open to the public that Part 18 be declared surplus to the City of Kingston’s needs and that notice to the public of the proposed disposition of Part 18 be published in a newspaper and a notice-to-sell be posted at the property, all in accordance with Procedural By-Law 98-1.


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 35 OF THE COMMITTEE OF THE WHOLE

Report No. 35 To the Mayor and Members of Council: The Committee of the Whole reports and recommends as follows: 1. THAT the issue of the Police Building be referred to Council for its consideration.

(File No. CSU-F05-00-2002) (Note: See Report No. 38 of the C.A.O. (Consider)

2. THAT a by-law be presented and given three readings to adopt the estimates of the year 2002

Operating Budget. (File No. CSU-F05-00-2002) (See By-Law No. (13). 2002-71 (Note: The Report of the Commissioner of Corporate Services (C069) is hereto attached as Schedule Pages 1-29)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 36 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT)

Report No. 36 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:

a) THAT a by-law be presented to City Council to provide for the temporary closure of Ontario Street between Clarence Street and Johnson Street on Friday, May 3, 2002, from 3:00 pm to 3:00 am for community purposes (United Way, Mardi Gras Festival), subject to the following conditions: 1. That the applicant shall pay for the cost of advertising the temporary street closure, as

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

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

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

(File No. CSU-T08-00-2002) (See By-Law No. (1), 2002-59) (Note: The Report of the Commissioner of Planning & Development Services (C064) is hereto attached as Schedule Pages 30-32)

b) THAT Council approve the purchase of one (1) Backhoe Loader from Hartington Equipment for

the tender amount of $105,350.00 plus applicable taxes. (File No. CSU-F18-04-2002) (Note: The Report of the Commissioner of Operations (C059) is hereto attached as Schedule Pages 33-34)



March 19, 2002

c) THAT a by-law be presented to City Council to provide for the temporary closure of the

following streets: • Ontario Street between Brock Street and Market Street on Sunday, June 2, 2002, from 7:00

am to 1:00 pm, and; • Ontario Street between Market Street and King/West Streets, • Market Street between King Street and Ontario Streets, • Clarence Street between King Street and Ontario Street, • Johnson Street between King Street and Ontario Street, • William Street between King Street and Ontario Street, • Earl Street between King Street and Ontario Street on Sunday, June 2, 2002, from 10:00 am to 12:00 noon for community purposes (Beat Beethoven Run), subject to the following conditions: 1. That the applicant shall pay for the cost of advertising the temporary street closure, as

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

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

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

(File No. CSU-T08-00-2002) (See By-Law No. (2), 2002-60) (Note: The Report of the Commissioner of Planning & Development Services (C065) is hereto attached as Schedule Pages 35-38)

d) THAT City Council consent to the assignment of the lease with Joseph Coyle and Joan Cook for

Lot 8 and Part of Lot 9, Plan 525 to Joseph Coyle and Donna Hinchcliff, all other terms and conditions of the lease to remain the same, and;

THAT City Council authorize the Mayor and City Clerk to sign an amending agreement. (File No. CSU-L07-00-2002) (Note: The Report of the Commissioner of Corporate Services (C057) is hereto attached as Schedule Pages 39-40)



March 19, 2002

e) THAT the City of Kingston enter into a contract agreement in a form satisfactory to Legal Services with Nav Canada for corrective, progressive maintenance and flight inspections of the Instrument Landing System, and;

THAT the Mayor and the Manager of Council Support be authorized to sign the agreement. (File No. CSU-T11-00-2002) (Note: The Report of the Commissioner of Operations (C060) is hereto attached as Schedule Pages 41-45)

f) THAT a by-law be presented for three readings to amend By-Law No. 98-8 “A By-Law To Appoint Statutory Officials Of The Corporation Of The City Of Kingston” by appointing Bianca MV Bielski as Chief Planning Official of the Corporation of the City of Kingston. (File No. CSU-C12-00-2002) (See By-Law No. (3), 2002-61) (Note: The Report of the Commissioner of Planning & Development Services (C062) is hereto attached as Schedule Pages 46-48)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 37 OF THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND)

Report No. 37 To the Mayor and Members of Council: The C.A.O. reports and recommends as follows: 1. THAT Council adopt the “Policy Guideline for the Treatment of Pedestrian Crossings in the City of

Kingston” as prepared by iTRANS Consulting Inc. for the City of Kingston; - and further –

THAT Council instruct staff to prepare a by-law to adopt the said policy in a form satisfactory to the City Solicitor;

- and further – THAT staff be directed to proceed with the evaluation of pedestrian crossings using the policy attached to the report of the Commissioner of Planning & Development Services. (File No. CSU-T08-00-2002) (Note: The Report of the Commissioner of Planning & Development Services (C063) is hereto attached as Schedule Pages 49-67)

2. WHEREAS the City, through its Capital Works Program, has decided to upgrade Gardiners Road

with an asphalt overlay and to construct a continuous left-turn lane from Progress Avenue to Taylor-Kidd Boulevard, and;

WHEREAS the City was requested to make additions to the proposed scope of work as part of the public consultation process, and;

WHEREAS staff has investigated the feasibility and costs of constructing the requested works;

THEREFORE BE IT RESOLVED THAT the scope of work be extended from Taylor-Kidd Blvd. to the Cataraqui Town Centre Entrance to have a common left-turn lane and local sidewalk constructed, excluding the installation of bicycle lanes.

- and further – As a result of extending the scope of work, the City of Kingston will advertise a “Notice of Filing of Addendum” as required by the Environmental Assessment Act. This Addendum will outline the scope of the extended works;

- and further – THAT the additional construction work be funded from the 2001 Capital Budget for Overlay. (File No. CSU-T04-00-2002) (Note: The Report of the Commissioner of Planning & Development Services (C067) is hereto attached as Schedule Pages 119-122)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 37 OF THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND) 3. THAT Council hereby confirm and authorize the Kingston Fire and Rescue Division of the

Department of Community Services to provide fire protection and public safety services as listed in Attachment # 1 the Report of the Commissioner of Community Services (C068); and;

THAT Council hereby approve the functional organizational structure and reporting process as set out in Attachment # 2 and # 3 to the same report. (File No. CSU-P16-00-2002) (Note: The Report of the Commissioner of Community Services (C068) will be distributed separately from the agenda)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 38 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSIDER)

Report No. 38 To the Mayor and Members of Council: The C.A.O. reports and recommends as follows: 1. Representatives of the Police Department will present information regarding the proposed Police

Building. 2. THAT the Capital Budget request for a new police building by the Kingston Police Services Board,

deferred at the conclusion of the City’s Capital Budget deliberations, be brought forth for Council’s consideration. (File No. CSU-XXX-00-2002) (Note: The Report of the Commissioner of Corporate Services (C070) will be distributed separately from the agenda)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 39 OF THE PLANNING COMMITTEE

Report No. 39 To the Mayor and Members of Council: The Planning Committee reports and recommends as follows: 1. WHEREAS an application has been submitted by VIE Holdings Inc. with respect to the property

located in Part of Lots 7 and 8, Concession 4, on the east side of Brule Road, south of Highway #401, in the former Township of Kingston, requesting approval for an amendment to the Official Plan in order to permit outdoor recreational uses and seasonal camping on the property; and

WHEREAS an application to amend the Zoning By-Law has also been submitted to change the zoning on the property from Agricultural to Open Space to permit recreational uses and camping on the property;

THEREFORE IT BE RESOLVED THAT the applications for Official Plan Amendment and Zone Change (Our File Nos. D09-19-02 & D14-144-01) submitted by VIE Holdings Inc., for the 8 hectare (20 acre) parcel of land located in Part of Lots 7 and 8, Concession 4, on the east side of Brule Road, south of Highway #401, BE APPROVED, and;

BE IT FURTHER RESOLVED that the Official Plan for the former Township of Kingston Planning Area, as amended, be further amended by the following map change which shall constitute Amendment No. 6 to the Official Plan for the former Township of Kingston Planning Area: (a) Map Change:

That Schedule "A" as amended, is hereby further amended by changing to "Major Recreational Open Space" the designation of the lands shown as "Change To Major Recreational Open Space" on Schedule "A" hereto, and;

BE IT FURTHER RESOLVED that Zoning By-Law No. 76-26 of the former Kingston Township be amended as follows: (a) That Map 1 of Schedule “A” to By-Law No. 76-26, as amended, is hereby further amended by

changing to ‘OS-11’ the Zone symbol of the lands shown as “Zone Change To ‘Os-11’ on Schedule “A” attached to the agenda.

(b) That the by-law be amended by adding the following new Subsection (k) to Section 8(3) of the

by-law, immediately after Subsection (j): “(k)” OS-11

Notwithstanding the provisions of Section 8(1) to the contrary, the lands designated ‘OS-11’ on Map 2 of Schedule “A” hereto may be used in accordance with the following special provisions:


March 19, 2002

(i) Notwithstanding the provisions of Sections 8(1)(b), the lands designated as “OS-11” on Schedule ‘A’ may also be used for the following uses: - basketball courts; - a bicycle and skateboard park; - seasonal camping sites; - a miniature golf course; - mobile restaurant; - paintball; - picnic areas; - playground; - parking areas; - sport equipment rentals; and - volleyball courts.

(ii) Notwithstanding the provisions of Section 8(1)(b), the lands designated as “OS-11”

on Schedule ‘A’ may be used for the following uses subject to the removal of the ‘H’ Holding Provision from the property: - commercial club; - convenience store accessory to a permitted non-residential use specified

herein; - a recreational establishment; and - a restaurant.

(iii) For the purposes of the ‘OS-11’, Zone a Mobile Restaurant shall be defined as

follows: Mobile Restaurant: a vehicle or trailer, cart or other structure not placed on a permanent foundation which is equipped for cartage, storage and the preparation of food stuffs, beverages, confections and such items are offered directly for consumption to the general public, and includes a chip wagon, a mobile canteen and other refreshment vehicles.

(iv) Notwithstanding the provisions of Section 5(16)(a), on the lands designated as

“OS-11” on Schedule ‘A’ the following parking requirements shall apply: 1. Campsites 1 parking space per campsite; 2. There shall be a minimum of 150 parking spaces located on the property

zoned ‘OS-11’, including the required parking for each campsite as set out in subsection (iii) above.

(c) The property Zoned ‘OS-11’ shall be subject to a ‘H’ Holding Provision which shall only be

removed once all of the applicable requirements of Section 6(6) of the Zoning By-Law have been complied with. Following removal of the ‘H’ Holding Provision the uses listed under subsection (ii) above will be permitted, and;


March 19, 2002


BE IT FURTHER RESOLVED THAT notwithstanding the provisions of By-Law No. 98-91 (Site Plan Control By-Law) as amended, the proposed development submitted by VIE Holdings Inc. on the east side of Brule Road for outdoor recreational uses and seasonal camping shall be subject to Site Plan Control Approval and the conditions of the Health Unit respecting this development shall be incorporated as part of the Site Plan Control Agreement for this property, and; BE IT FURTHER RESOLVED that the Amending By-Laws be presented to City Council for all three readings. (File No. CSU-D14-00-2002) (See By-Law No. (5), 2002-63 and By-Law No. (6), 2002-64)

2. WHEREAS applications have been submitted by Beautyrock Holdings Inc. (purchaser) with respect

to the subject property located at 130 Days Road in the former Township of Kingston, requesting amendments to the Official Plan and Zoning By-Law to re-designate the subject property from Institutional to an Institutional Special Policy Area No. 1, and to rezone the property from an ‘I’ Institutional Zone to a Special Institutional ‘I-11’ Zone to allow the conversion of the subject site from the former public library use to a Call-Centre with General Office uses;

THEREFORE BE IT RESOLVED THAT the applications for Official Plan Amendment (Our File No. D09-18-01) and Zone Change (Our File No. D14-147-01), submitted by Beautyrock Holdings Inc., requesting that the land at 130 Days Road be re-designated and rezoned from Institutional to a Institutional Special Policy Area No. 1 in order to permit the conversion of the former public library to a Call –Centre and General Office Use BE APPROVED, and;

BE IT FURTHER RESOLVED THAT: (a) The Official Plan for the former Township of Kingston Planning Area be amended as follows:

(i) Map Change: Amend Schedule ‘A’, Map 1of the Township of Kingston Official Plan, so as to re-designate the approximately 1.21 hectare (2.99 acre) parcel of land located at 130 Days Road, as shown on Schedule ‘A’ attached to the agenda, from Institutional to Institutional Special Policy Area No.1.

(ii) Text Change: Amend Section 3, Land Use, by adding a new Subsection 3-17.1 as follows: “Within the Institutional designation which applies to the lands located at 130 Days Road, as shown on Schedule ‘A’ hereto, the following special policies shall also apply: (1) The permitted uses shall also include a Call-Centre and General Office Uses. (2) The affected lands shall be included in a separate zoning category.”



March 19, 2002

(b) Zoning By-Law No. 76-26 of the former Township of Kingston be amended so as to:

(i) Amend Zoning Map No. 5, Schedule ‘A’, so as to rezone the approximately 1.21 hectare (2.99 acre) parcel of land located at 130 Days Road, as shown on Schedule ‘A’ attached hereto, from Institutional Zone (I) to a Special Institutional Zone ‘I-11’;

(ii) That the by-law be amended by Adding the following new Subsection (k) to Section 17(3) of the by-law, immediately after Section 17(3)(j): “(k) I-11 Notwithstanding any provisions of Section 17 hereof to the contrary, the lands designated as ‘I-11’ on Schedule “A” attached to the agenda shall be developed in accordance with the following special provisions: 1) That notwithstanding the provisions of Section 17(1) (b), the uses on the site shall

also include a Call-Centre and General Office Uses. 2) That, notwithstanding the provisions of Section 5(16)(d)(i), the current shared

driveway with Centre 70 shall be the permitted access into Call-Centre ”

AND BE IT FURTHER RESOLVED THAT the amending by-laws be presented for all three readings. (File No. CSU-D14-00-2002) (See By-Law No. (7), 2002-65 and By-Law No. (8), 2002-66)

3. WHEREAS an application has been submitted by Bayhill Development Limited, with respect to the

property located at 1177 Woodbine Road in Kingston West, requesting approval for an amendment to the zoning by-law in order to rezone an existing lot from the ‘D’ Development Zone to the Residential Type 1 ‘R1’ Zone in order to accommodate the reconfiguration of the property to create a lot addition for a vacant building lot on Mona Drive;

THEREFORE IT BE RESOLVED THAT the application for Zone Change (Our File No. D14-146-01) submitted by Bayhill Development Limited for the property located at 1177 Woodbine Road, BE APPROVED, and;

BE IT FURTHER RESOLVED that Zoning By-law No. 76-26 of the former Kingston Township be amended as follows: 1. That Map 4 of Schedule “A” to By-Law No. 76-26, as amended, is hereby further amended by

changing to ‘R1’ the zone symbol of the lands shown as “Zone Change from D to R1” on Schedule “A” attached to the agenda, and;

BE IT FURTHER RESOLVED THAT the amending by-law be presented to City Council for all three readings. (File No. CSU-D14-00-2002) (See By-Law No. (9), 2002-67)

REPORTS (CONTINUED) REPORT NO. 39 OF THE PLANNING COMMITTEE 4. WHEREAS an application has been submitted by Melbourne Silver, with respect to the property

located in Part of Lots 17 and 18, Concession 5, known municipally as 1887 and 1895 Sydenham


March 19, 2002

Road in the former Township of Kingston, requesting approval for an amendment to the zoning by-law in order to rezone the provisionally approved severed and retained lots to recognize the existing uses on the property and the locations of the existing buildings on the lots;

THEREFORE IT BE RESOLVED THAT the application for Zone Change (Our File No. D14-149-02) submitted by Melbourne Silver for the property located in Part of Lots 17 and 18, Concession 5, known municipally as 1887 and 1895 Sydenham Road, BE APPROVED, and;

BE IT FURTHER RESOLVED that Zoning By-law No. 76-26 of the former Kingston Township be amended as follows: (a) That Map 3 of Schedule “A” to By-Law No. 76-26, as amended, is hereby further amended by

changing to ‘M3-2’ the zone symbol of the lands shown as “Zone Change from M3 to M3-2” on Schedule “A” attached to the agenda.

(b) That Map 3 of Schedule “A” to By-Law No. 76-26, as amended, is hereby further amended by changing to ‘M3-2’ the zone symbol of the lands shown as “Zone Change from R1 to M3-2” on Schedule “A” attached to the agenda.

(c) That Map 3 of Schedule “A” to By-Law No. 76-26, as amended, is hereby further amended by changing to ‘R1-52’ the zone symbol of the lands shown as “Zone Change from R1 to R1-52” on Schedule “A” attached to the agenda.

(d) That the by-law be amended by adding the following new Subsection (b) to Section 26(3) of the By-Law, immediately after Section 26(3)(a): “(b) M3-2 Notwithstanding the provisions of Section 26(2) to the contrary, the lands designated ‘M3-2’ on Map 3 of Schedule “A” hereto may be used in accordance with the following special provisions: (i) Lot Frontage (minimum) 100 feet (ii) Accessory Dwelling house front yard depth (minimum): 15 feet (iii) Interior side yard width for industrial garage along

southern interior lot line abutting M3 Zone (minimum): 17 feet (e) That the by-law be amended by adding the following new Subsection (ay) to Section 12(3) of

the By-Law, immediately after Section 12(3)(ax): “(ay) R1-52 Notwithstanding the provisions of Section 12(2) to the contrary, the lands designated ‘R1-52’ on Map 3 of Schedule “A” attached to the agenda may be used in accordance with the following special provisions: (i) Lot Frontage (minimum) 130 feet


AND BE IT FURTHER RESOLVED that the amending by-law be presented for all three readings. (File No. CSU-D14-00-2002) (See By-Law No. (10), 2002-68)


March 19, 2002

5. WHEREAS applications have been initiated by the City of Kingston with respect to the subject

property located on the north side of Centennial Drive, east of Gardiners Road, known as Lot 331 in the Cataraqui Industrial Estates in the former Township of Kingston, requesting amendments to the Official Plan and Zoning By-Law to re-designate the subject property from ‘Aggregate’ and ‘Business Park Industrial’ to a ‘General Industrial’ designation and to rezone the property from an Extractive Industrial ‘M5’ Zone to a Special Restricted General Industrial ‘M6-14’ Zone to allow the City of Kingston to market the subject lands for specific industrial uses, and;

WHEREAS Planning Division and Environment Division staff recommend that an ‘H’ Holding Symbol be applied to the property, subject to certain conditions to be satisfied prior to the lifting of the ‘H’ Symbol, said conditions relating to the Environmental Site Assessment, site servicing, stormwater management, phasing, and execution of a Site Plan Control Agreement;

THEREFORE BE IT RESOLVED THAT the Applications for Official Plan Amendment (Our File No. D09-21-02) and Zone Change (Our File No. D14-153-02) initiated by the City of Kingston, requesting that the lands located on the north side of Centennial Drive, east of Gardiners Road (Lot 331 in the Cataraqui Industrial Estates), be re-designated and rezoned from ‘Aggregate’ and ‘Business Park Industrial’ to a ‘General Industrial’ designation and be rezoned from the ‘M5’ Extractive Industrial Zone to a Special ‘M6-14-H’ Restricted General Industrial Zone with a ‘H’, Holding Symbol, in order to permit general industrial uses on the subject lands, and so that the City of Kingston can market the lot for specific target industries, BE APPROVED, and;

BE IT FURTHER RESOLVED THAT: (a) The Official Plan for the former Township of Kingston Planning Area be amended as follows:

(i) Map Change: Amend Schedule ‘A’, Map 1 of the Township of Kingston Official Plan, so as to re-designate the approximately 21.65 hectare (53.5 acre) parcel of land known as Lot 331 in the Cataraqui Industrial Estates, Lots 11and 12, Concession 4, as shown on Schedule ‘A’ attached to the agenda, as “Change from Aggregate and Business Park Industrial to General Industrial”.

(b) Zoning By-Law No. 76-26 of the former Township of Kingston be amended so as to:

(i) Amend Map 3 of Schedule “A” to By-Law No. 76-26, as amended, by changing to ‘M6-14’ the Zone symbol of the approximately 21.65 hectare (53.5 acre) parcel of land known as Lot 331 in the Cataraqui Industrial Estates, Lots 11 and 12, Concession 4, from Extractive Industrial ‘M5’ to a Special Restricted General Industrial Zone, ‘M6-14’ and shown as “Zone Change from M5 to M6-14-H” on Schedule “A” attached to the agenda.


(ii) Add the following new Subsection (n) to Section 28A(3) of the By-Law, immediately after

Section 28A(3)(m): “(n) M6-14


March 19, 2002

Notwithstanding any provisions of Section 28 hereof to the contrary, the lands designated as ‘M6-14’ on Schedule “A” attached to the agenda shall be developed in accordance with the following special provisions: a) That notwithstanding the provisions of Section 28A(1) hereof to the contrary, the lands

designated ‘M6-14’ on Schedule "A" hereto may also be used for the following purposes: 1) A transportation depot; 2) A retail outlet, wholesale outlet or a business office accessory to a permitted use; 3) A cartage or transport yard.

(b) That notwithstanding the provisions of 28 A(1) and 28A(2) to the contrary, the use of

the lands designated ‘M6-14’ on Schedule “A” hereto shall also be restricted as follows: 1) There shall be no underground fuel or chemical storage; 2) There shall be no outside storage of any material which may leach contaminants

to the surface water if exposed to precipitation; 3) There shall be no outside storage, washing or maintenance of vehicles or

equipment without paved surfaces and oil / water interception; 4) All runoff from paved traffic surfaces must be directed to storm sewers and not

allowed to infiltrate into the ground.”

(iii) The property Zoned ‘M6-14’ shall be subject to a ‘-H’ Holding Symbol which shall only be removed once all of the applicable requirements of Section 6(6) of the Zoning By-Law have been complied with, including the following specific requirements: (a) The City of Kingston is satisfied that all recommendations within the Phase 2

Environmental Assessment on the property have been completed to the satisfaction of the Manager of Environment; and

(b) The Cataraqui Conservation Authority and Municipality have reviewed the Stormwater Management Plan for the property, under the Site Plan Control Process, and are satisfied that all quantity and quality stormwater concerns have been addressed to their satisfaction.

Following removal of the ‘H’ Holding Symbol, the uses listed under subsection (i) above, will also be permitted.


AND BE IT FURTHER RESOLVED THAT the Site Plan Control Application shall be referred to the Planning Committee for approval as per the procedures set out in By-Law 98-91, Section 6(d), and; BE IT FURTHER RESOLVED that the amending by-laws be presented to City Council for all three readings.


March 19, 2002

(File No. CSU-D14-00-2002) (See By-Law No. (11), 2002-69 and By-Law No. (12), 2002-70)

6. WHEREAS an application has been submitted by Armitage Consulting, on behalf of Mancora Developments Limited (Owner), requesting amendments to the previously approved Draft Plan for Phases 2, 3 and 4 of the “Conservatory Pond” Subdivision located on the east side of Bayridge Drive, between Coverdale Drive and Conservatory Drive, in Kingston West, and; WHEREAS the City of Kingston issued Draft Plan Approval for the entire “Conservatory Pond” Subdivision (Our File No. D12-17-98), subject to conditions, on March 9, 1999, and; WHEREAS a Public Meeting was held on January 10, 2002, to consider the proposed amendments to the Draft Plan of Subdivision and the amendments were supported in principle by the Planning Committee and referred back to staff for a report addressing the concerns of the Committee, and; WHEREAS the requested amendments to the Draft Plan of Subdivision were 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. D12-49-01), submitted by Armitage Consulting, on behalf of Mancora Developments Limited (Owner), for Phases 2, 3 & 4 of the “Conservatory Pond” Subdivision, located east of Bayridge Drive, between Coverdale Drive and Conservatory Drive, BE APPROVED, and; BE IT FURTHER RESOLVED THAT the City of Kingston Conditions of Draft Plan Approval dated March 9, 1999, be amended as follows:


(a) That Condition No. 1. be amended to include the following Revised Draft Plan of Subdivision

respecting Part of Lot 5, Concession 1, in the City of Kingston, said lands comprising Blocks 1 – 16 inclusive; Blocks 22 and 23, and Parts of Blocks 17 and 18, and Streets “A” to “F” inclusive; and Part of Street “G” as shown on the Draft Plan of Subdivision prepared by Grange W. Elliott Ltd., Ontario Land Surveyors and Cumming Cockburn Limited, Consulting Engineers, Planners, and Environmental Scientists, dated November 30, 1998 and Revised February 19, 1999:


March 19, 2002

“1A. That this revised Draft Plan Approval applies to the Draft Plan of Subdivision, prepared by Leslie M. Higginson, O.L.S., of Grange W. Elliot Ltd., dated November 27, 2001, showing the proposed subdivision of the lands located on the east side of Bayridge Drive, between Conservatory Drive and Coverdale Drive, and comprised of the following: • One Hundred and Fifty-One (151) Lots for single detached dwellings (Lots 1-151 inclusive); • One (1) Stormwater Swale Block (between Lots 80 and 81) – (Block not numbered); • One (1) mixed Use Residential / Institutional Block (Block 153); • One (1) Commercial Block (Block 154); • One (1) Open Space / Park Block (Block 155); • One (1) walkway Block (Block 156); • One (1) Stormwater Management Block (Block 157); • One (1) Private Open Space (Quarry Pond) Block (Block 158); and • five (5) Streets (Conservatory Drive, Geology Trail, Mancora Circle, Legacy Court, and Old

Quarry Circle [name to be changed as it duplicates another name in the Kingston Planning Area]).

(b) That this Revised Draft Plan shall be subject to the conditions set out in the Draft Plan Approval

issued by the Corporation of the City of Kingston, dated March 9, 1999, respecting File No. D12-17-98 and amendments thereto as follow.

(c) That Clause 12. viii) shall be Amended so as to delete the references to Blocks 22 and 23 and replace them with Block 155 and to delete the reference to the Plan for Block 23, so that as amended, Clause 12. viii) shall now read as follows: “viii) Prior to Final Approval, a Landscaping Plan shall be submitted for approval by the Municipality. In this regard, the Landscape Plan shall, amongst other matters, indicate the treatment for the neighbourhood parkland block (Block 155), including details on plantings, buffering, screening, paving, signs, fencing, the supply and installation of all related recreational facilities, and the treatment of the fossil area. The approved Landscaping Plan shall be appended to the Subdivision Agreement.”

(d) That Clause 19, requiring preparation of a Landscaping Plan for Block 23 (quarry pond) to the

satisfaction of the Conservation Authority, be deleted in its entirety.


(e) That in addition to the City of Kingston’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.


March 19, 2002

(ii) That prior to Final Approval of the Plan of Subdivision, the Owner shall submit a Surveyor’s Certificate to the City which confirms that all Blocks and lots within the Subdivision conform to the minimum lot area, lot frontage and setback requirements of the Zoning By-Law.

(iii) 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.

(iv) That prior to Final Approval of the Plan of Subdivision, the Owner shall submit a Revised 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.

(v) That prior to Final Approval of the Plan of Subdivision, the Owner shall submit a Revised Noise Attenuation 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.

(vi) That prior to Final Approval of the Plan of Subdivision, the Owner shall submit an alternative street name for the new “P-Loop” Street, as the name “Old Quarry Circle” is not acceptable as it duplicates the name of an existing street elsewhere in the Kingston Planning Area. The alternative name shall comply with the City’s adopted Street Naming Conventions, shall be satisfactory to the City and shall be shown on the Final M-Plan submitted for registration.

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


(viii) That the Subdivision Agreement shall contain provisions to require that any openings

into the dwellings constructed on Lots 79 – 104 inclusive shall have a minimum elevation of 79.1m geodetic, which includes 0.6m freeboard over the 1:100 year storm water level of 78.5m geodetic.

(ix) That the Draft Plan shall be amended and the Subdivision Agreement shall contain provisions to reflect the requirement that the Owner shall deed to the Municipality daylighting triangles at the intersection of Conservatory Drive and Bayridge Drive.


March 19, 2002

(x) That in the event that the parkland development is to be deferred beyond Phase 2 of the Subdivision, the Subdivision Agreement shall contain provisions to require the interim grading and clean up of Block 155 (fossil site) and the surrounding lands.

(xi) That the Subdivision Agreement shall contain provisions to require that appropriate signage be installed and maintained by the owners of Block 158 to indicate that the property is privately owned and is not accessible for public recreational use.

(xii) That the Subdivision Agreement shall contain appropriate Restrictive Covenants that shall apply to the Owners of Block 158, said restrictive covenants to outline the restrictions on the use of the water area within Block 158 and the abutting lands thereto as well as the maintenance responsibilities for the owners of Block 158. These Restrictive Covenants shall be included in all Agreements of Purchase and Sale or Lease for Lots 79-95 inclusive and Lots 100 – 104 inclusive, and all subsequent conveyance documents for the aforementioned lots.

(f) That the following Notes to the City’s Conditions of Draft Plan Approval shall apply to the

Revised Draft Plan set out in Clause 1A. above: (i) It is the applicant’s responsibility to fulfill the conditions of Draft Plan 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) 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) When requesting Final Approval, the Applicant shall submit a detailed account of how each Condition of Draft Approval has been satisfied or will be satisfied along with the appropriate clearance letter from the Agency, Ministry or body requesting the condition.

(iv) 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.


(v) When requesting Final Approval, such a request must be directed to the Planning

Division and be accompanied with: ! four (4) mylars and five (5) paper prints of the completed Final M-Plan, ! 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, ! a Surveyor’s Certificate to the effect that the lots and blocks on the Plan conform to

the Zoning By-Law.


March 19, 2002

(vi) 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-D14-00-2002)


March 19, 2002

REPORTS (CONTINUED) REPORT NO. 40 OF THE LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (LACAC)

Report No. 40 To the Mayor and Members of Council: The Kingston LACAC (Local Architectural Conservation Advisory Committee) reports and recommends as follows: 1. THAT Application P18-09-02 for property at 42 Kennedy Street, owned by Paula Klink & Robin

Hutchinson, to request approval for the removal of stone within an infilled window and the installation of a new wood window within this infilled window only, in accordance with submitted documentation, BE APPROVED, with the understanding that a brick mold be installed that is similar to the brick mold on existing windows, and further that a new cut-stone sill be incorporated to match the other windows.

2. THAT Application P-18-48-00 City of Kingston, 216 Ontario Street (City Hall), represented by Mr.

Andrew Huctwith, Consultant for the McCormick Rankin Corporation, for approval of Phase 3 for continued stone restoration for the north wing, BE APPROVED as presented, in accordance with plans to be submitted to the Local Architectural Conservation Advisory Committee by the McCormick Rankin Corporation.

3. THAT Application P-18-47-00 City of Kingston, 10 Court Street (Concession 1 Lot Part F 25B11)

(County Court House), represented by Mr. Andrew Huctwith, Consultant for the McCormick Rankin Corporation, for approval of Phase 3 for continued stone restoration of the building, BE APPROVED as presented, in accordance with plans to be submitted to the Local Architectural Conservation Advisory Committee by the McCormick Rankin Corporation.

4. THAT Application P18-35-99 for the Whig Standard Building, 302-310 King Street East, represented

by Mr. Andrew Dobson, Kincore Holdings Ltd., for changes to the rear façade of the building to include glass block in the window openings on the main floor and a stucco finish to the walls of the upper floor, as presented and described within sketches dated March 4, 2002, BE APPROVED.

5. THAT Mr. Bob Cardwell, Member of the Kingston Local Architectural Conservation Advisory

Committee be nominated to receive recognition through the Ontario Honours and Awards Program through the Ministry of Citizenship, in acknowledgement of his long-time efforts in continuous service with the former Pittsburgh Township and Kingston’s Local Architectural Conservation Advisory Committee.


March 19, 2002

INFORMATION REPORTS Schedule Pages 68-118 1. Ontario Works Literacy Testing and Training Initiative (C003)

This report will provide an overview of the provincial “Mandatory Literacy Testing and Training” initiative that was recently implemented by Ontario Works in the City of Kingston and Townships of Frontenac. It will also briefly describe the two-year Literacy Pilot Project delivered in partnership with Kingston Literacy that facilitated early implementation of the provincial initiative. (File No. CSU-S04-00-2002) (Note: The Report of the Commissioner of Community Services is hereto attached as Schedule Pages 68-100)

2. Tax Arrears Status Report - 4th Quarter Ending December 31, 2001 (C058) The purpose of this report is to update Council on the status of taxes receivable and the collection of tax arrears in accordance with governing legislation. The report provides information up to December 31, 2001. (File No. CSU-F22-00-2002) (Note: The Report of the Commissioner of Corporate Services is hereto attached as Schedule Pages 101-103)

3. Tender and Contract Awards – February, 2002 (C066) The purpose of this report is to advise Council of tenders approved and contracts awarded that meet the established criteria of delegated authority for the month of February, 2002. (File No. CSU-F18-00-2002) (Note: The Report of the Commissioner of Corporate Services is hereto attached as Schedule Pages 104-108)

4. Ontario Works Employment Assistance Program – Community Placement (CW004) The purpose of this report is to inform Council of the “Trails to Literacy” project, a partnership between the Ontario Works Employment Assistance Program and the North Frontenac Literacy Program. (Note: The Report of the Commissioner of Community Services is hereto attached as Schedule Pages 109-111

5. KEAP Program (CW015) The purpose of this report is to update to Council on the implementation of the Kingston Entitlement Access Program since its implementation in the Fall of 2001. (Note: The Report of the Commissioner of Community Services is hereto attached as Schedule Pages 112-118)


March 19, 2002

MISCELLANEOUS BUSINESS Motions of Council are required: (1) Lieutenant-Colonel B. Horn of the Royal Canadian Regiment, requesting Council’s support of their

1000km March/Run in May, 2002, a project to raise money for The Royal Canadian Regiment (RCR) Museum. The Royal Canadian Regiment is seeking permission to stage an event in the city, preferably outside City Hall, as well as financial support. (File No. CSU-M11-00-2002) (See Communication No. 08-198)

(2) Jane McMillan, Regional Manager for The Easter Seal Society, requesting that Council proclaim

March, 2002 as “Easter Seal Month”. (File No. CSU-C13-00-2002) (See Communication No. 07-181)

(3) Peter Kane, Pitch-In Coordinator, requesting that Council proclaim April 22-28, 2002 as “Pitch-In

Week” and April 26, 2002 as “Pitch-In Kingston Day”. (File No. CSU-C13-00-2002) (See Communication No. 07-182)

MOTIONS (1) Moved by Councillor Beavis

Seconded by Councillor Clements That the congratulations of Kingston City Council be extended to Paula Nichols, Manager of Parking Services, for receiving the annual Municipal Manager of the Year Award from the Greater Kingston Chamber of Commerce. (File No. CSU-M11-00-2002)

(2) Moved by Councillor Sutherland

Seconded by Mayor Turner That the condolences of Kingston City Council be extended to Jim English, long-time employee of the City of Kingston, and family on the passing of his mother, Elva English (File No. CSU-M04-00-2002)

NOTICES OF MOTION


March 19, 2002

MINUTES That the Minutes of City Council Meeting No. 07-2002, held Tuesday, March 5, 2002, be confirmed.

TABLING OF DOCUMENTS

COMMUNICATIONS That Council consent to the disposition of Communications in the following manner: Filed 08-183 From Mary Brennan, County Clerk for the Corporation of the County of Essex, informing Council

that the resolution concerning the sale of the Lennox Generating Station was adopted by the Essex County Council on February 20, 2002. (File No. CSU-A16-00-2002)

08-184 From the County of Hastings, informing Council that the motion passed at the meeting on

February 12, 2002, concerning Provincial funding assistance for municipalities, was supported at the Council meeting for the County of Hastings on March 4, 2002. (File No. CSU-A16-00-2002)

08-185 From Kevin Bain, City Clerk for the Corporation of the City of Brantford, informing Council that the

motion passed at the meeting on February 12, 2002, concerning Provincial funding assistance for municipalities, was distributed at the Council meeting for the City of Brantford on February 29, 2002. (File No. CSU-A16-00-2002)

08-186 From Elizabeth Witmer, Minister of the Environment, informing Council that the motion passed at

the meeting on February 12, 2002, concerning Provincial funding assistance for municipalities, was received and thanks Council for bringing the matter to her attention. (File No. CSU-A16-00-2002)

08-187 From Michael Harris, Premier of Ontario, informing Council that the motion passed at the meeting

on February 12, 2002, concerning Provincial funding assistance for municipalities, was received and that he will send a copy to Chris Hodgson, Minister of Municipal Affairs and Housing. (File No. CSU-A16-00-2002)

08-188 From the Corporation of the City of Barrie, informing Council that the resolution concerning the

sale of the Lennox Generating Station was distributed to the Barrie City Council on February 25, 2002. (File No. CSU-A16-00-2002)

COMMUNICATIONS


March 19, 2002

08-189 From Sheila Birrell, Town Clerk of the Town of Markham, informing Council that the motion passed at the meeting on February 12, 2002, concerning Provincial funding assistance for municipalities, was distributed at the Council meeting for the Town of Markham. (File No. CSU-A16-00-2002)

08-190 From Evelyn Orth, Regional Clerk for the Municipality of Waterloo, informing Council that the

resolution concerning the sale of the Lennox Generating Station was distributed to the Council of Waterloo. (File No. CSU-A16-00-2002)

08-191 From Sharon Singh, Legislative Assistant for the Region of Peel, informing Council that the

resolution concerning the sale of the Lennox Generating Station was received. (File No. CSU-A16-00-2002)

08-192 From John Gerretsen, MPP for Kingston and The Islands, acknowledging receipt of the resolution

concerning the sale of the Lennox Generating Station and the motion concerning Provincial funding assistance for municipalities. (File No. CSU-A16-00-2002)

08-193 From Charlene Lavigne, Deputy City Clerk for the City of Guelph, informing Council that the

motion concerning Provincial funding assistance for municipalities was adopted at the Guelph City Council meeting on March 4, 2002. (File No. CSU-A16-00-2002)

08-194 From Branda Tabor, Deputy Clerk for the Corporation of the County of Oxford, informing Council

that the motion concerning Provincial funding assistance for municipalities was endorsed at the Oxford County Council meeting on February 27, 2002. (File No. CSU-A16-00-2002)

08-195 From Donna Irving, City Clerk for the Corporation of the City of Sault St. Marie, informing Council

that the motion concerning Provincial funding assistance for municipalities was approved at the Sault St. Marie Council meeting held March 4, 2002. (File No. CSU-A16-00-2002)

08-196 From Judy Jacobson, Assistant City Clerk for the City of Thunder Bay, informing Council that the

resolution concerning the sale of the Lennox Generating Station was received. (File No. CSU-A16-00-2002)

08-197 From Tony Clement, MPP for Brampton West-Mississauga, informing Council of his approval of

the resolution concerning Provincial funding assistance for municipalities and that he will continue to encourage his caucus colleagues to support it. (File No. CSU-A16-00-2002)

COMMUNICATIONS Referred to All Members of Council


March 19, 2002

08-198 From Lieutenant-Colonel B. Horn of the Royal Canadian Regiment, requesting Council’s support of their 1000km March/Run in May, 2002, a project to raise money for The Royal Canadian Regiment (RCR) Museum. (File No. CSU-M11-00-2002) (See Miscellaneous Business Item No. 1) (Note: Copies distributed to all Members of Council March 15, 2002)

08-199 From the Committee of Adjustment, a Notice of Decision in respect of the following applications:

MINOR VARIANCE – JOHN BARRON – in respect of an application for minor variances from Zoning By-Law No. 2-91 for the property at 222 Green Bay Road in order to permit the construction of a new two-storey house, BE APPROVED, subject to a condition. The final date of appeal is March 18, 2002. MINOR VARIANCE – GUY & DEBORAH CASTILLOUX – in respect of an application for a minor variance from Zoning By-Law No. 76-26 for the property at 526 Evangeline Avenue in order to recognize the location of the existing air conditioner, BE APPROVED, subject to a condition. The final date of appeal is March 18, 2002. MINOR VARIANCE – CARDER GROPP – in respect of an application for a minor variance from Zoning By-Law 8499 for the property at 218 Regent Street in order to recognize the location of the existing house and accessory structure, BE APPROVED, subject to conditions. The final date of appeal is March 18, 2002. CONSENT – IMPERIAL OIL LIMITED – in respect of an application for a consent to conveyance to sever a 2.924 acre parcel of vacant land from a 4.219 acre parcel of land at 2821 Princess Street, BE APPROVED, subject to conditions. The final date of appeal is March 18, 2002. MINOR VARIANCE – HOMESTEAD LAND HOLDINGS LTD. – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 1032 King Street West in order to permit the construction of ten (10) additional parking spaces at the front of the building, BE DENIED. The final date of appeal is March 18, 2002. MINOR VARIANCE – ROBERT & TREENA GARRISON – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 199 Collingwood Street in order to permit the creation of a two-family dwelling, BE APPROVED, subject to a condition. The final date of appeal is March 18, 2002. MINOR VARIANCE – JUDY HA – in respect of an application for minor variances from Zoning By-Law No. 8499 for the property at 243 William Street in order to allow the demolition of a 72.83m2 structurally unsound building and to replace it with an 85.83m2 structure, BE APPROVED, subject to conditions. The final date of appeal is March 18, 2002.

COMMUNICATIONS

MINOR VARIANCE – IMPERIAL OIL LIMITED – in respect of an application for minor variances from Zoning By-Law No. 8499 for the property at 1185 Division Street in order to allow the


March 19, 2002

proposed redevelopment of the site, BE APPROVED, subject to a condition. The final date of appeal is March 18, 2002. CONSENT – I. J. ST. PIERRE – in respect of an application for a consent to conveyance to sever an approximately 384.7m2 parcel of land from an approximately 790m2 parcel of land at 250 Nelson Street, BE APPROVED, subject to conditions. The final date of appeal is March 25, 2002. MINOR VARIANCE – BRAEBURY HOMES – in respect of an application for a minor variance from Zoning By-Law No. 32-74 for the property at 40 Biscayne Street in order to recognize the location of a newly-constructed single-family dwelling, BE APPROVED. The final date of appeal is March 18, 2002. (File No. CSU-D19-00-2002) (Note: If further information is required, contact Ted Stratford, Secretary-Treasurer, Committee of Adjustment)

08-200 From Cherilyn Mishell, General Manager of Town Homes Kingston, requesting the approval of

Council to appoint David Mitchell to be a By-Law Enforcement Officer for the purpose of issuing tickets on the property of the Town Homes Kingston off-road parking lots and to remove Tim McLaughlin as a By-Law Enforcement Officer (File No. CSU-P01-03-2002) (See By-Law No. (3), 2002-61)

08-201 From the Council of the Corporation of the City of Owen Sound, requesting Council’s support of a

resolution concerning the cosmetic use of pesticides on public and private lands. (File No. CSU-C10-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-202 From Peter Milliken, MP for Kingston and the Islands, concerning a letter received from David

Collenette, Minister of Transport, regarding the City of Kingston’s application for funding under the Urban Transportation Showcase Program. (File No. CSU-A16-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-203 From Sister Dianne Brennen, Administrator of Gabriel Home, concerning the decision to close

Gabriel Home, effective March 31, 2002. (File No. CSU-M04-00-2002)

COMMUNICATIONS 08-204 From Deryk King, Chairman and CEO of Direct Energy Marketing Ltd., a summary of the findings

of Dr. Mark Mullins, an independent economist specializing in public policy, who was commissioned to look at the facts behind deregulation and the principal arguments for and against.


March 19, 2002

(File No. CSU-E06-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-205 From the Association of Municipalities of Ontario, informing Council that the Province has

reversed its decision to claw back 50% of the $1.9 million in funding for the Safe Water Program for the year 2000. (File No. CSU-A01-04-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-206 From the County of Brant, asking Council’s support of a resolution that requests that the Ontario

Ministry of the Environment to reconsider the proposed regulations that provide for administrative penalties for simple infractions. (File No. CSU-C10-00-200) (Note: Copies sent to all Members of Council on March 15, 2002)

08-207 From Jeff Holmes, General Manager of Community Spirit Bingo Centre, Bingo Towne and

Treasure Chest Bingo Centre, a packet of independent data provided by the City of Ottawa, ON and the City of Cambridge, ON, regarding the impact of a ban on smoking in all public places. (File No. CSU-M04-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-208 From the Association of Municipalities of Ontario, informing Council that questionnaires were sent

to the Tory Leadership candidates, requesting their policy agenda in terms of municipal roles and responsibilities. (File No. CSU-A01-04-2002)

08-209 From Lorne Weary, President of the Greater Kingston Chamber of Commerce, commending

Council on having the foresight to initiate a study on the feasibility on the Wellington Street extension. (File No. CSU-M04-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

08-210 From Ravi Mark Singh, Communications & Membership Coordinator for Ontario Clean Air

Alliance, requesting that Council petition Ron Osborne, President of Ontario Power Generation, to withdraw the application for a power marketer’s license. (File No. CSU-M04-00-2002)

COMMUNICATIONS Referred to all Members of Council and the Commissioner of Operations 08-211 From Brad Clark, Transportation Minister, announcing the creation of the Ontario Transit Renewal

Program, a partnership that will assist municipalities in replacing and refurbishing their existing transit fleets. (File No. CSU-T03-00-200)


March 19, 2002

(Note: Copies sent to all Members of Council on March 15, 2002) Referred to the Commissioner of Community Services 08-212 From Major Stephen Nash of the Royal Canadian Regiment, 1st Battalion, updating Council on

their plans for the 1000km March/Run in May, 2002, a project to raise money for The Royal Canadian Regiment (RCR) Museum. (File No. CSU-M11-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

Referred to the Commissioner of Corporate Services 08-213 From W. F. Warwick, General Manager/Secretary-Treasurer for the Cataraqui Region

Conservation Authority, informing Council that the CRCA has apportioned its costs for administration, maintenance, and capital projects to all participating municipalities and requesting that payment be made by April 30, 2002. (File No. CSU-C15-00-2002) (Note: Copies sent to all Members of Council on March 15, 2002)

OTHER BUSINESS


March 19, 2002

BY-LAWS (A) That By-Laws (1) through (14) be given their first and second reading. (B) That Clause 7.6 of By-Law No. 98-1 be suspended for the purpose of giving By-Law (4) three

readings. (C) That By-Laws (4) through (14) be given their third reading.

(1) A By-Law To Provide For The Temporary Street Closure Of Various Streets (Community Purposes:

Mardi Gras Festival). FIRST AND SECOND READINGS PROPOSED NO. 2002-59 (Clause a, Report No. 36)

(2) A By-Law To Provide For The Temporary Street Closure Of Various Streets, (Community Purposes:

Beat Beethoven Run). FIRST AND SECOND READINGS PROPOSED NO. 2002-60 (Clause c, Report No. 36)

(3) A By-Law To Amend By-Law No. 99-166 “A By-Law To Prohibit The Parking Or Leaving Of Motor

Vehicles On Private Property Without The Consent Of The Owner Or Occupant Of The Property, Or On Property Owned Or Occupied By The City Of Kingston Or Any Local Board Thereof, Without The Consent Of The City Of Kingston Or The Local Board” (Town Homes Kingston; Appoint David Mitchell; Remove Tim McLaughlin). FIRST AND SECOND READINGS PROPOSED NO. 2002-61 (Communication No. 08-200)

(4) A By-Law To Amend By-Law 98-8 “A By-Law To Appoint Statutory Officials Of The Corporation Of

The City Of Kingston” (Appoint Bianca Bielski As Chief Planning Official). THREE READINGS PROPOSED NO. 2002-62 (Clause f, Report No. 36)

(5) A By-Law To Amend The Official Plan For The Former Township Of Kingston Planning Area

(Amendment No. 6 – Map Change – Part of Lots 7 and 8, Concession 4, (East Side of Brule Road, south of Highway 401) – Re-designate from Rural and Aggregate To Major Recreational Open Space). THREE READINGS PROPOSED NO. 2002-63 (Clause 1, Report No. 39)

BY-LAWS


March 19, 2002

(6) A By-Law To Amend By-Law No. 76-26 Of The Former Township Of Kingston (Site Specific – Part of

Lots 7 And 8, Concession 4, East Side Of Brule Road, North Of Highway 2 South Of Highway 401 – To Permit The Establishment Of An Outdoor Recreation And Family Camping Facility On The Property). THREE READINGS PROPOSED NO. 2002-64 (Clause 1, Report No. 39)

(7) A By-Law To Amend By-Law No. 76-26 Of The Former Township Of Kingston (Site Specific – 130

Days Road – Rezone To Special Institutional (I) Zone ‘I-11’ To Permit A Call-Centre And General Office Uses On The Property At 130 Days Road) On The Day Of , 2002, Under Section 34 Of The Planning Act R.S.O. 1990, As Amended. THREE READINGS PROPOSED NO. 2002-65 (Clause 2, Report No. 39)


(Amendment No. 4 – To Re-designate The Property At 130 Days Road From An Institutional Designation To An Institutional Special Policy Area No. 1 Which Will Allow For The Conversion Of The Former Municipal Library To A Call-Centre With General Office Uses). THREE READINGS PROPOSED NO. 2002-66 (Clause 2, Report No. 39)

(9) A By-Law To Amend The By-Law No. 76-26 Of The Former Township Of Kingston (1177 Woodbine

Road – Rezone To Residential ‘R1’ To Recognize The Existing Use Of The Property And Satisfy Condition Of Provisionally Approved Lot Addition). THREE READINGS PROPOSED NO. 2002-67 (Clause 3, Report No. 39)

(10) A By-Law To Amend By-Law No. 76-26 Of The Former Township of Kingston (Site Specific – Part Of

Lots 17 And 18, Concession 5. – Rezone To Special Residential ‘R1-51’ Type 1 and Special Service Industrial ‘M3-2’ To Recognize The Lot Frontages And Location Of Existing Buildings On A Provisionally Approved Severed And Retained Lot). THREE READINGS PROPOSED NO. 2002-68 (Clause 4, Report No. 39)

BY-LAWS


March 19, 2002

(11) A By-Law To Amend By-Law 76-26 Of The Former Township Of Kingston (Site Specific – Industrial Lot 331, Lots 11 and 12, Concession 4, Cataraqui Industrial Estates, From Extractive Industrial (M5) To A Special Restricted General Industrial ‘M6-14’ Zone). THREE READINGS PROPOSED NO. 2002-69 (Clause 5, Report No. 39)


(Amendment No. 5- Re-designate The Property At Lot 11 and 12 Concession 4, Known As Lot 331 In The Cataraqui Industrial Estates, From Aggregate And Business Park Industrial To General Industrial). THREE READINGS PROPOSED NO. 2002-70 (Clause 5, Report No. 39)

(13) A By-Law To Adopt The 2002 Operating Budget.

THREE READINGS PROPOSED NO. 2002-71 (Clause 2 Report No. 35)

(14) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, March 19, 2002.

THREE READINGS PROPOSED NO. 2002-72 (City Council Meeting No. 08-2002)

ADJOURNMENT