orders of the day - city of kingston · city council meeting no. 14-2004 agenda may 4, 2004 page 5...

CITY COUNCIL MEETING NO. 14-2004

May 4, 2004 at 6:45 pm in the Council Chambers at City Hall Council will resolve into the Committee of the Whole “In Camera”

and will reconvene as regular Council at 7:30 pm.

ORDERS OF THE DAY

Page No.Roll Call ............................................................................................................... 3

The Committee of the Whole “In Camera” ......................................................... 3

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

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

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

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

Report No. 44 of the Committee of the Whole “In Camera” .............................. 4

Report No. 45 of the CAO (Consent) ............................................................... 5-8a) Purchase of Service Agreement – Seniors Association, Kingston Region (04-139), schedule pages 1-14 b) “Rack & Roll” Program Launch (04-162), schedule pages 15-16 c) Tender No. OS-FL-02-2004 – Centre Mount Radial Arm Digger/Derrick (04-159), schedule pages 17-18 d) Application to Lift Part Lot Control – Arbour Ridge Phase 2C-2 (04-164), schedule pages 19-27 e) Parking By-Law Revisions (04-165), schedule pages 28-32 f) Temporary Street Closure – Teddy Bear Picnic (04-151), schedule pages 33-36 g) Temporary Street Closure – 2004 Car Show & Mardi Gras Festival “Beads & Speed 2004” (04-168),

schedule pages 37-40 h) Temporary Street Closure – Beat Beethoven Run (04-160), schedule pages 41-44

Report No. 46 of the CAO (Recommend) ...................................................... 9-101. Trailhead Subdivision – Acquisition of Force Main Pumping Station from Kidinks Holdings Inc. (04-

166), schedule pages 45-48 2. Leo LaFleur Memorial Pool – Hot Water Boiler Plant Installation (04-145), schedule pages 49-52 3. Waterfront Regeneration Trust Project – Pathway Connection through Lake Ontario Park (04-148),

schedule pages 53-66

City Council Meeting No. 14-2004 Agenda

May 4, 2004

ORDERS OF THE DAY

Page No.Report No. 47 of the Large Venue Entertainment Centre Steering Committee ........................................................................................................11

Information Reports .........................................................................................121. Greenhouse Open House (04-154), schedule pages 67-69 2. Asian Long-Horned Beetle & Emerald Ash Borer (04-155), schedule pages 70-74 3. Outdoor Rinks (04-157), schedule pages 75-79 4. Tender & Contract Awards – February/March 2004 (04-158), schedule pages 80-88

Miscellaneous Business ............................................................................. 12-13

Motions....................................................................................................... 13-14

Notices of Motion ............................................................................................14

Report No. 48 of the Committee of the Whole.......................................... 14-16

Minutes.............................................................................................................16

Tabling of Documents......................................................................................16

Communications ........................................................................................ 17-22

By-Laws ..................................................................................................... 23-24

Adjournment.....................................................................................................24


May 4, 2004

(Council Chamber) ROLL CALL

THE COMMITTEE OF THE WHOLE “IN CAMERA” 1. THAT Council resolve itself into the Committee of the Whole “In Camera” to consider the following item(s):

(a) Legal Matters 2. THAT Council rise from the Committee of the Whole “In Camera” without reporting.

DISCLOSURE OF PECUNIARY INTEREST

PRESENTATIONS (1) Sherrey Larmour-Trode, Chair of the Safety Village Organization, will speak to Council concerning the creation of a

Community Safety Village, a model village used to teach children safety rules through participation. (File No. CSU-C13-000-2004) (Note: Written materials are being distributed separately from the agenda)

DELEGATIONS

PETITIONS


May 4, 2004

REPORTS REPORT NO. 44 OF THE COMMITTEE OF THE WHOLE “IN CAMERA”

Report No. 44 To the Mayor & Members of Council: The Committee of the Whole “In-Camera” reports and recommends: 1. THAT Council support property and easement acquisition to finalize land issues related to the installation of the

Harbour Front Trunk Sewer; –and further–

THAT Council approve the acquisition of an easement from ABNA Investments Ltd. in an amount not to exceed $50,000.00;

–and further– THAT Council approve the acquisition of the Place d’Armes properties from Public Works and Government Services Canada in the amount of $200,000.00


May 4, 2004

REPORTS (CONTINUED) REPORT NO. 45 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT)

Report No. 45 To the Mayor & Members of Council: The Chief Administrative Officer reports and recommends as follows: All items listed on the Consent Report shall be the subject of one motion and that motion shall be neither debatable nor amendable. However, any member may ask for any item(s) included in the Consent Report to be separated from that motion, whereupon the consent report without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter. THAT Council consent to the approval of the following routine items: (a) WHEREAS City Council has approved $90,000.00 in funding for the Seniors Association – Kingston Region in the

2004 Operating Budget, and; WHEREAS this organization has provided the City with all required documentation as per their 2003 agreement, and; WHEREAS the services and programs provided by this organization continues to address important needs in our community; THEREFORE BE IT RESOLVED THAT staff be directed to proceed with a Purchase of Service Agreement in a form satisfactory to Legal Services for the services provided by the Seniors Association – Kingston Region for 2004. (File No. CSU-L04-000-2004) (The Report of the Commissioner of Community Services (04-139) is attached as Schedule Pages 1-14)

(b) THAT transit fares be waived for cyclists using Kingston Transit’s new “Rack and Roll” bicycle rack on bus services

during the launch weekend of May 15 and 16, 2004. (File No. CSU-T03-000-2004) (The Report of the Commissioner of Operations (04-162) is attached as Schedule Pages 15-16)

(c) THAT Council approves the purchase of one 2005 Model Year, Centre Mount, Radial Arm, Digger/Derrick from Altec

Industries Limited for the tender amount of $237,337.00 plus applicable taxes. (File No. CSU-F18-004-2004) (The Report of the Commissioner of Operations (04-159) is attached as Schedule Pages 17-18)


May 4, 2004

REPORTS (CONTINUED) REPORT NO. 45 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (d) WHEREAS Hopkins & Cormier Surveying (Dan Cormier) has submitted an application on behalf of Peach Homes

(Jim Peach) requesting that Part Lot Control be lifted from Blocks 64 – 66 Inclusive, Registered Plan No. 13M-23, in Phase 2C-2 of the Arbour Ridge Subdivision, the subject lands being located on the north side of Tanner Drive, just east of Arbour Crescent and abutting the CNR rail line to the south, and; WHEREAS the Owner has complied with the conditions for the Lifting of Part Lot Control, the approval of which will facilitate the conveyance of thirteen lots for single- and semi-family dwellings on the affected lands known as Blocks 64 - 66 inclusive; THEREFORE BE IT RESOLVED THAT the application to Lift Part Lot Control (Our File No. D27-002-2004) for Blocks 64 - 66 Inclusive of Registered Plan 13M-23, Arbour Ridge Phase 2C-2 Subdivision BE APPROVED;

–and further– BE IT RESOLVED THAT a by-law be passed to Lift Part Lot Control from Blocks 64 - 66 Inclusive, Registered Plan 13M-23, Arbour Ridge Phase 2C-2;

–and further– BE IT RESOLVED THAT the by-law receive all three readings from City Council. (File No. CSU-D27-000-2004) (See By-Law No. (1), 2004-99) (The Report of the Commissioner of Planning & Development Services (04-164) is attached as Schedule Pages 19-27)

(e) THAT Schedule A of By-Law 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”, and By-Law 99-91 “A By-Law To Provide For The Regulation Use Of Parks And Recreation Facilities Of The Corporation” be amended to reflect minor revisions regarding parking lot rates. (File No. CSU-T02-000-2004; CSU-C01-000-2004) (See By-Law No. (2), 2004-100; By-Law No. (3), 2004-101) (The Report of the Commissioner of Operations (04-165) is attached as Schedule Pages 28-32)


May 4, 2004

REPORTS (CONTINUED) REPORT NO. 45 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (f) THAT a by-law be presented to provide for the temporary closure of a portion of Ontario Street, from Brock Street to

Market Street, Saturday, June 19, 2004, from 7:30 am to 4:00 pm for community purposes (Sunnyside Children’s Foundation Teddy Bear Picnic), on the understanding that: – That the applicant shall pay for the cost of advertising the temporary street closure as invoiced by the Council

Support Division. – 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.

– 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-T08-000-2004) (See By-Law No. (4), 2004-102) (The Report of the Commissioner of Planning & Development Services (04-151) is attached as Schedule Pages 33-36)

(g) THAT a by-law be presented to provide for the temporary closure of Ontario Street from Clarence Street to Johnson

Street on Saturday, June 12, 2004 from 11:00 am to 6:00 pm for community purposes (PRO Kids – Beads & Speed 2004), subject to the following conditions: – That the applicant shall pay for the cost of advertising the temporary street closure, as invoiced by the Council



– 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 an additional insured on the policy and the applicant shall provide the City of Kingston with an insurance certificate as proof of coverage.



May 4, 2004

REPORTS (CONTINUED) REPORT NO. 45 OF THE CHIEF ADMINISTRATIVE OFFICER (CONSENT) (h) THAT a by-law be presented to provide for the temporary closure of the following streets on Sunday, June 6, 2004 for

community purposes (Beat Beethoven Run): From 7:00 am to 2:00 pm

Ontario Street between Brock Street and Market Street From 10:00 am to 12:00 pm

Ontario Street between Market Street and King/West Streets Market Street between King Street and Ontario Street 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

subject to the following conditions: – That the applicant shall pay for the cost of advertising the temporary street closure, as invoiced by the Council



– 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 an additional insured on the policy and the applicant shall provide the City of Kingston with an insurance certificate as proof of coverage.



May 4, 2004

REPORTS (CONTINUED) REPORT NO.46 OF THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND)

Report No. 46 To the Mayor & Members of Council: The Chief Administrative Officer reports and recommends as follows: (1) THAT Council approve the City entering into the following agreements and that the Mayor and Clerk be authorized to

sign the Agreements: (a) An Agreement between the City and Kidinks Holdings Inc., the current owner of the pumping station, that upon

becoming the owner of the pumping station the City will reserve for Kidinks Grain Elevator Lands the balance of the pumping station’s existing capacity left after servicing the sanitary flows from Commodore’s Cove and the Trailhead subdivision.

(b) An Agreement between the City, Kidinks Holdings Inc, and Frontenac Condominium Corporation No. 40, that amends the existing development and site plan agreements such that upon the City becoming the owner of the pumping station, the obligations of Kidinks or Frontenac Condominium Corporation No. 40 to operate, maintain or repair the pumping station are removed.

(c) An Agreement between the City and Frontenac Condominium Corporation No. 40 respecting common expense payments and voting.

(File No. CSU-L04-000-2004) (The Report of the Commissioner of Corporate Services (04-166) is attached as Schedule Pages 45-48)

(2) WHEREAS Leo LaFleur Memorial Pool is the only civically-operated outdoor swimming pool offered to the residents

of Kingston and it provides a valuable leisure health opportunity to the community and a cooling off centre during the summer, and; WHEREAS experts advise that as a result of the Memorial Centre Roof repair in 2003, the City should not relocate the pools original heating system - solar panels - back onto the roof of the Memorial Centre but rather support the installation of a hot water heating system as the best solution to replace the solar panels; THEREFORE BE IT RESOLVED THAT Council accepts Allen Mechanical as the successful bidder being the lower of two qualified bidders at a total cost of $80,834;

–and further– THAT the Mayor and City Clerk be authorized to sign a contract with Allen Mechanical subject to the satisfaction of Legal Services Division. (File No. CSU-L04-000-2004; CSU-R05-000-2004) (The Report of the Commissioner of Community Services (04-145) is attached as Schedule Pages 49-52)


May 4, 2004

REPORTS (CONTINUED) REPORT NO.46 OF THE CHIEF ADMINISTRATIVE OFFICER (RECOMMEND) (3) WHEREAS in partnership with the 27 municipalities and 30 community groups, the Waterfront Regeneration Trust

advances, improves and provides better access to the shores of Lake Ontario for the public, and; WHEREAS 52 projects have been approved by the Waterfront Regeneration Trust including the initiative by the City of Kingston, and; WHEREAS the Waterfront Regeneration Trust has been successful in their Lake Ontario Waterfront Investment Program application to SuperBuild Ontario Infrastructure Program; THEREFORE BE IT RESOLVED THAT Council endorse the waterfront path project, as approved by the Waterfront Regeneration Trust, and authorize Legal Services to execute the Partnership Agreement with the Waterfront Regeneration Trust to begin in 2005, pending 2005 capital budget approvals. (File No. CSU-L04-000-2004; CSU-R00-000-2004) (The Report of the Commissioner of Community Services (04-148) is attached as Schedule Pages 53-66)


May 4, 2004

REPORTS (CONTINUED) REPORT NO.47 OF THE LARGE VENUE ENTERTAINMENT STEERING COMMITTEE

Report No. 47 To the Mayor & Members of Council: The Large Venue Entertainment Steering Committee reports and recommends as follows: 1. THAT the name of the Large Venue Entertainment Centre Steering Committee be amended to Large Venue

Entertainment Centre Review Committee. 2. THAT the Large Venue Entertainment Centre Review Committee mandate be as follows:

To review “The Mayor’s Large Venue Entertainment Centre Task Force – Report to the Mayor dated March 21, 2004” with the Executive Management Team, Large Venue Entertainment Centre Task Force members and have consultation with the public and report its recommendations to the Committee of the Whole no later than the first meeting of the Committee of the Whole in June 2004.

3. THAT 80/20 Information Inc. be retained if feasible, at a cost to be determined to conduct a survey of the public and

report back to the Large Venue Entertainment Centre Review Committee by the end of May; it being understood that the costs shall be taken from the Contingency Fund;

–and further– THAT the survey questions will be reviewed by the Committee prior to proceeding with the survey.


May 4, 2004

INFORMATION REPORTS Schedule Pages 67-88 1. Greenhouse Open House (04-154)

The purpose of this report is to inform Council of the success of the Greenhouse Open House. (File No. CSU-R04-000-2004) (The Report of the Commissioner of Community Services is attached as Schedule Pages 67-69)

2. Asian Long-Horned Beetle & Emerald Ash Borer (04-155)

The purpose of this report is to inform Council of a potential infestation of two pests, the Asian Long-Horned Beetle and the Emerald Ash Borer, and to advise Council of what actions are required in the event of such an episode. (File No. CSU-E05-000-2004) (The Report of the Commissioner of Community Services is attached as Schedule Pages 70-74)

3. Outdoor Rinks (04-157)

The purpose of this report is to advise Council of the results of the operation of the 2004 Outdoor Rinks Program. (File No. CSU-R05-000-2004) (The Report of the Commissioner of Community Services is attached as Schedule Pages 75-79)

4. Tender & Contract Awards – February & March, 2004 (04-158)

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 months of February & March, 2004. (File No. CSU-F18-000-2004) (The Report of the Commissioner of Corporate Services is attached as Schedule Pages 80-88)

MISCELLANEOUS BUSINESS Motions of Council are required: (1) At Council Meeting No. 12, held April 13, 2004, Council approved the formation of a Task Force to undertake a

Review of Services, as recommended by the Director of Strategic Initiatives & Communications. It is necessary that Council appoint five Members of Council to sit on this Task Force. (File No. CSU-C12-000-2004) (Clause (b), The Committee of the Whole, Meeting No. 12)

(2) THAT the resignation of Mr. Everett Lander from the Cataraqui Region Conservation Authority – Lemoine Point

Advisory Committee be accepted, and; THAT Council provide Council Support with direction as to how they wish to proceed to fill this vacancy. (File No. CSU-C12-000-2004) (Note: A memorandum containing the application of the member of the public who applied to sit on this Committee in January 2004 is being distributed separately).


May 4, 2004

MISCELLANEOUS BUSINESS (3) THAT, as requested by the Honourable John Gerretsen, Minister Responsible for Seniors, Council proclaim June,

2004 as “Seniors’ Month”. (File No. CSU-M10-000-2004) (See Communication No. 14-223)

(4) THAT, as requested by Mark Cousins, Committee Chair for Ontario Family Fishing Weekend Steering Committee,

Council proclaim the weekend of Friday, July 9, 2004 through Sunday, July 11, 2004 as the “2004 Ontario Family Fishing Weekend in Ontario”, a weekend for license-free fishing. (File No. CSU-M10-000-2004) (See Communication No. 14-224)

(5) THAT, as requested by Glenn Stresman, Executive Director for the Community Foundation of Greater Kingston,

Council proclaim Wednesday, June 16, 2004 as Community Foundation Day to coincide with their 9th Annual General Meeting. (File No. CSU-M10-000-2004) (See Communication No. 14-244)

MOTIONS (1) Moved by Mayor Rosen

Seconded by Councillor Downes THAT the condolences of Kingston City Council be extended to Michelle Casey and family on the passing of her husband, the late Kenneth Casey. (File No. CSU-M11-000-2004)

(2) Moved by Mayor Rosen

Seconded by Councillor Stoparczyk THAT the condolences of Kingston City Council be extended to Allan & Joann McArthur on the death of their daughter, the late Jodi Lynn McArthur. (File No. CSU-M11-000-2004)

(3) Moved by Councillor Garrison

Seconded by Councillor Stoparczyk THAT the appreciation of Kingston City Council be extended to Mr. Everett Lander for his time and commitment to the Cataraqui Region Conservation Authority – Lemoine Point Advisory Committee. (File No. CSU-M11-000-2004)


May 4, 2004

MOTIONS (4) Moved by Councillor Stoparczyk

Seconded by Mayor Rosen THAT, as part of Police Week in Ontario, Council proclaim May 9-15, 2004 as Police Week in Kingston. (File No. CSU-M10-000-2004)

NOTICES OF MOTION

REPORTS REPORT NO. 47 OF THE COMMITTEE OF THE WHOLE

Report No. 47 To the Mayor and Members of Council: The Committee of the Whole reports and recommends as follows: All items listed on the Report of the Committee of the Whole shall be subject to one motion and that motion shall be neither debatable nor amendable. However, any member may ask for any item(s) included in the Report of the Committee of the Whole to be separated from that motion. (1) WHEREAS the energy consumption of the building portfolio of the City of Kingston accounts for approximately 60% of

the green house gas emissions of the Corporation and costs approximately $3,100,000.00 per year, based on the year 2000 records, and which is forecast to increase at a rate greater than inflation, and; WHEREAS the Leadership in Energy & Environmental Design (LEED) provides an internationally-recognized standard for sustainable building design and is recognized by the Federation of Canadian Municipalities (FCM) as a key component to obtaining Green Municipal Investment Fund (GMIF) funding for infrastructure projects, and; WHEREAS the adoption of demonstrable and verifiable sustainability within municipal infrastructure projects will be a key component to accessing Federal infrastructure monies, such as grants and gasoline tax rebates; THEREFORE BE IT RESOLVED THAT Council require that all large municipal building and retrofit projects undertake an assessment of the Leadership in Energy & Environmental Design (LEED) as a design goal for Council’s consideration before finalization of the project design. (File No. CSU-E11-000-2004; CSU-A20-000-2004)


May 4, 2004

REPORTS REPORT NO. 47 OF THE COMMITTEE OF THE WHOLE (2) WHEREAS there is an ongoing and increasing need to replace, retrofit or refurbish playground equipment in the over

89 park locations throughout the City of Kingston, and; WHEREAS the City of Kingston has approved a Playground Revitalization Program that strives to improve 89 civic play spaces where existing equipment does not meet Canadian Standards Association standards for playground equipment, and; WHEREAS the KaBOOM! Program is an opportunity that may lead to a future partnership with the private sector to offset expenses for the ongoing Playground Revitalization Program; THEREFORE BE IT RESOLVED THAT Council decline the KaBOOM! Opportunity for City Park – Phase One due to outstanding issues, and direct staff to report back to Council when the issues are resolved and the project is aligned more closely with park development opportunities. (File No. CSU-R04-000-2004)

(3) THAT Council approve signage on the Polson Park skate park to acknowledge contributions from donors who have

contributed over $500.00 towards the acquisition of the ramps for the facility. The signage, to be mounted on the fencing of the facility, shall read as follows: “The City of Kingston acknowledges the financial donations of the following individuals, organizations and corporations that made the purchase of the ramps for this facility possible” to be followed by an alphabetical listing of the donors. (File No. CSU-R04-000-2004; CSU-M03-000-2004)

(4) THAT Council hereby name the facility as the West 49-Lyon Skate Park in recognition of the generous and

significant contributions of the estate of Herb and Helen Lyon and the West 49th Company towards this project. (File No. CSU-R04-000-2004; CSU-M03-000-2004)

(5) WHEREAS Council has requested a report back from staff to comment on the petition presented to Council regarding

reconstruction on Montreal Street; THEREFORE BE IT RESOLVED THAT the Montreal Street reconstruction project proceed with a road closure to all but local traffic, with additional resources assigned to minimize the disruption to residents, businesses, commuters, and further that every reasonable step be taken to have Montreal Street open to through traffic as soon as reasonably possible.

The following measures have or will be initiated to address some of the concerns raised in the petition: – The Contractor has increased hours of work each day in order to avoid any delays in the project. – The Contractor has brought additional personnel and equipment to this project. – This week the Contractor is placing additional signage prior to the detour routing to advise motorist that local

access is available to businesses in the area of the reconstruction. – Communication has been enhanced between flag persons and commuters to insure local traffic can be better

informed.


May 4, 2004

REPORTS REPORT NO. 47 OF THE COMMITTEE OF THE WHOLE

– Additional radio advertisements have been placed three times daily on two different local stations advising of the road closure, of detour signage around the site, and of businesses remaining open and accessible to local traffic.

– Additional newspaper advertisements have been placed in two local newspapers to improve notice of the closure to the commuters.

– Ongoing refinements are being made to improve the timing of the traffic signals on detour routes. – The Engineering Division is monitoring the progress on a daily basis to ensure that any possible delays are

quickly resolved. (File No. CSU-T04-000-2004)

MINUTES THAT the Minutes of City Council Meeting No. 12-2004, held Tuesday, April 13, 2004, and Meeting No. 13-2004, held Tuesday, April 20, 2004, be confirmed.

TABLING OF DOCUMENTS 2004-48 The Cataraqui Region Conservation Authority

Agenda – Full Authority Meeting – April 28, 2004 (File No. CSU-C05-000-2004)

2004-49 The KFL&A Health Unit

Agenda – Board of Health – April 26, 2004 (File No. CSU-C05-000-2004)

2004-50 The Kingston Economic Development Corporation

Minutes – Board of Directors’ & Members’ Meeting No. 03-04 – March 22, 2004 (File No. CSU-C06-000-2004; CSU-A01-003-2004)

2004-51 The Kingston Economic Development Corporation

KEDCO Project Updates to April 14, 2004 (File No. CSU-A01-003-2004)


May 4, 2004

COMMUNICATIONS That Council consent to the disposition of Communications in the following manner: Filed 14-204 From Jui Nung Ho of the Kingston Lucky Star Buffet, requesting an application for a liquor license from the

Alcohol and Gaming Commission of Ontario. (File No. CSU-P09-00-2002)

14-205 From the City of Thunder Bay, acknowledging receipt of Council’s resolution concerning the downloading

of the Rent Supplement Program and the Rent Bank Program. (File No. CSU-A16-000-2004; CSU-S17-000-2004)

14-206 From the City of Vaughan, acknowledging receipt of Council’s resolution concerning the downloading of

the Rent Supplement Program and the Rent Bank Program. (File No. CSU-A16-000-2004; CSU-S17-000-2004)

14-207 From the City of Oshawa, acknowledging receipt of Council’s resolution concerning the downloading of the

Rent Supplement Program and the Rent Bank Program. (File No. CSU-A16-000-2004; CSU-S17-000-2004)

14-208 From the Legislative Assembly of Ontario, acknowledging receipt of Council’s resolution concerning the

downloading of the Rent Supplement Program and the Rent Bank Program. (File No. CSU-A16-000-2004; CSU-S17-000-2004)

14-218 From the Environmental Review Tribunal, informing Council of a Hearing before the Environmental Review

Tribunal regarding matters concerning groundwater contamination located at 4398 & 4400 Mill Street, Village of Sydenham, on Tuesday, June 29, 2004 in the Council Chambers of Kingston’s City Hall. (File No. CSU-L01-000-2004)

14-219 From the Association of Municipalities of Ontario, informing Council of an announcement by the

Honourable Dwight Duncan, Minister of Energy, on the Ontario Government’s plan to deal with Ontario’s electricity system. (File No. CSU-A01-004-2004; CSU E06-000-2004)

14-220 From the Association of Municipalities of Ontario, informing Council of the introduction of Bill 56, the

Employment Standards Amendment Act (Family Medical Leave), 2004, which would allow employees governed by the Employment Standards Act, 2000 up to eight weeks of job-protected family medical leave. (File No. CSU-A01-004-2004; CSU-H02-000-2004)

14-221 From the Association of Municipalities of Ontario, informing Council of changes that will allow more

municipalities to prepare a submission under the existing Affordable Housing Program and receive funding for municipal housing projects. (File No. CSU-A01-004-2004; CSU-F11-000-2004)

14-236 From the City of Barrie, acknowledging receipt of Council’s resolution concerning the downloading of the

Rent Supplement Program and the Rent Bank Program. (File No. CSU-A16-000-2004; CSU-S17-000-2004)


May 4, 2004

COMMUNICATIONS Referred to All Members of Council 14-209 From the Committee of Adjustment, a Notice of Decision with regards to the following applications:

CONSENT – MARY & DAVID LILLICRAP – in respect of an application for a consent to sever an approximately 138,800m2 parcel of vacant land from an approximately 410,800m2 parcel of land on Woodburn Road BE PROVISIONALLY APPROVED, subject to conditions. The final date of appeal is May 6, 2004. MINOR VARIANCE – KENNETH & KATHLEEN HALL – in respect of an application for a minor variance from Zoning By-Law No. 76-26 for the property at 2162 Unity Road in order to recognize the location of the existing structure and accessory structure BE APPROVED, subject to a condition. The final date of appeal is May 4, 2004. (File No. CSU-D23-000-2004)

14-210 From the Town of North Perth, requesting Council’s support of a resolution to petition the Ministry of the

Environment to exempt small non-residential facilities that supply only washroom facilities from all portions of Ontario Regulation 170/03. (File No. CSU-C10-000-2004)

14-211 From the Township of the North Shore, requesting Council’s support of a resolution to petition the

provincial government to invite the Town Youth Participation Strategy youth organization to attend the final round table discussion set up by the Ontario’s Minister of Child & Youth Services. (File No. CSU-C10-000-2004)

14-212 From the Town of Comox, British Columbia, proposing the establishment of the Committee of National

Defence Communities made up of those municipalities with National Defence facilities within their communities. (File No. CSU-C10-000-2004)

14-213 From William Glover, Chair of the Sydenham Ward Tenants & Ratepayers Association, supporting

Council’s decision to consolidate City employees within a single centralized location and to use office space in a suitable heritage building in the central core of the City. (File No. CSU-M04-000-2004)

14-214 From the Kingston & the Islands Progressive Conservative Association, informing Council of a public

meeting to inform taxpayers how assessments are determined and the relationship to municipal taxation. The meeting will be held in Memorial Hall on Thursday, April 29, 2004 at 7:00 pm. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 27, 2004)

14-216 From the Ministry of Municipal Affairs & Housing, informing Council of proposed legislations to suspend the

automatic 2% base portion of annual rent increases for tenants in 2005. (File No. CSU-A16-000-2004) (Copied to all Members of Council on April 30, 2004)

14-217 From the City of Greater Sudbury, informing Council of a resolution to petition the provincial government to

return the Intake Screening for Ontario Works clients to the City of Greater Sudbury’s Health & Social Services Department’s Social Services Division. (File No. CSU-C10-000-2004)


May 4, 2004

COMMUNICATIONS 14-222 From the Ministry of Municipal Affairs & Housing, informing Council of the provincial government’s decision

not to proceed with the compensation program for costs incurred during the power outage of August 14, 2003. (File No. CSU-A16-000-2004; CSU-E06-000-2004)

14-223 From the Honourable John Gerretsen, Minister Responsible for Seniors, requesting that Council proclaim

June, 2004 as “Seniors’ Month”. (File No. CSU-M10-000-2004) (See Miscellaneous Business Item No. 3)

14-224 From The Steering Committee for Ontario Family Fishing Weekend, requesting that Council proclaim the

weekend of Friday, July 9, 2004 through Sunday, July 11, 2004 as “The 2004 Ontario Family Fishing Weekend in Ontario”, a weekend for license-free fishing. (File No. CSU-M10-000-2004) (See Miscellaneous Business Item No. 4)

14-225 From the Kingston & District Rod & Gun Club, requesting that Council proclaim June 12, 2004 as “Kid’s

Perch Derby Day”, an educational fishing day at Portsmouth Olympic Harbour for Kingston children and their families. (File No. CSU-M10-000-2004)

14-226 From Gregg Rosen, Vice-president of KIMCO Steel Sales Ltd., requesting clarification on specific details

concerning his application to develop property in the former Kingston Township. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 20, 2004)

14-235 From Bianca Bielski, Manager of Planning, responding to Mr. Gregg Rosen, Vice-president of KIMCO Steel

Sales Ltd., concerning his application to develop property in the former Kingston Township. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 20, 2004)

14-227 From Wayne Fairbrother, Solicitor, requesting that Council defer the approval of Draft Plan conditions and

Plan of Subdivision for a site located on the west side of Midland Avenue, north of the Cataraqui Woods neighbourhood, Parts of Lots 8 & 9, Concession 3, concerning a proposal by the City to drain storm water through an easement located on his client’s lands. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 20, 2004)

14-228 From Roy Conacher, Solicitor, informing Council of his opposition to the request by the law firm of

Templeman Menninga to defer the approval of Draft Plan conditions and Plan of Subdivision for a site located on the west side of Midland Avenue, north of the Cataraqui Woods neighbourhood, Parts of Lots 8 & 9, Concession 3. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 20, 2004)


May 4, 2004

COMMUNICATIONS 14-229 From the Township of Frontenac Islands, informing Council that the terms outlined in a letter received from

Mr. Bert Meunier are sufficient to withdraw an appeal to the Ontario Municipal Board. (File No. CSU-L01-001-2004) (Copied to all Members of Council on April 27, 2004)

14-230 From Bruce Anderson, informing Council that he will be taking a leave of absence from the Kingston

Environmental Advisory Forum and that a replacement will be appointed from the Faculty of Applied Science at Queen’s University. (File No. CSU-C12-000-2004)

14-232 From Arlie Redmond, Chairperson for the National Day of Mourning Committee, requesting that the flag at

City Hall be flown at half-mast on April 28, 2004 in recognition of the National Day of Mourning, a day to remember and honour those who have been killed, suffered injury and disease, or can no longer earn a living due to workplace accidents or exposures. (File No. CSU-M04-000-2004)

14-233 From Julia Merry, Merry Family Foot Clinic, requesting that Council proclaim May, 2004 as “Foot Health

Month”. (File No. CSU-M10-000-2004)

14-234 From Trish Derby, Executive Director of Child Find Ontario, requesting that Council proclaim May, 2004 as

“The 13th Annual Green Ribbon of Hope Month” and May 25, 2004 as “National Missing Children’s Day”. (File No. CSU-M10-000-2004)

14-215 From the Canadian Hearing Society, requesting that Council waive the rental fees for the Artillery Park

Recreation Centre for a two-week period to allow for a children’s sign language program from July 12-23, 2004. (File No. CSU-M04-000-2004) (Copied to all Members of Council on April 30, 2004)

14-237 From the Ministry of Natural Resources, informing Council of a new protocol with the Ontario Provincial

Police to respond to problem bears. (File No. CSU-A16-000-2004)

14-238 From the Township of North Kawartha, requesting Council’s support of correspondence to the Honourable

Jim Bradley, Minister of Tourism & Recreation, concerning the impact of the Safe Drinking Water Act (O. Reg. 170/03) on tourism operators and other small businesses. (File No. CSU-C10-000-2004) (Copied to all Members of Council on April 30, 2004)

14-239 From the City of Welland, requesting Council’s support of a resolution from the Canadian Auto Workers

(CAW) Local 523 with respect to requesting the Provincial Government to immediately strengthen the Ontario Pension & Benefit Guarantee Fund. (File No. CSU-C10-000-2004) (Copied to all Members of Council on April 30, 2004)


May 4, 2004

COMMUNICATIONS 14-240 From the Association of Municipalities of Ontario, informing Council of Module 3 of the Effective Municipal

Councillor Program to be held in Kingston, Ontario on Tuesday & Wednesday, June 15, & 16, 2004 at the Raddison Hotel. (File No. CSU-A01-004-2004) (Copied to all Members of Council on April 30, 2004)

14-241 From the Committee of Adjustment, a Notice of Amended Conditions in respect of the following application:

Applications U.COA. 813/814 for applications for a consent to sever be amended and, as amended, BE APPROVED. (File No. CSU-D23-000-2004)

14-242 From the Committee of Adjustment, a Notice of Decision in respect of the following applications:

MINOR VARIANCE – STEVE JEFFERY – in respect of an application for minor variances from Zoning By-Law No. 8499 for the property at 85 Durham Street in order to permit the construction of a multi-residential unit BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. MINOR VARIANCE – STEVE JEFFERY – in respect of an application for minor variances from Zoning By-Law No. 8499 for the property at 87 Durham Street in order to permit the construction of a multi-family residential unit BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. CONSENT – FIRST PRO SHOPPING CENTRES – in respect of an application for a consent to sever an approximately 5.702 hectare parcel of land from an approximately 8.447 hectare parcel of land on Midland Avenue of the purpose of retail commercial development BE PROVISIONALLY APPROVED, subject to conditions. The final date of appeal is May 18, 2004. MINOR VARIANCE – PAUL MACINNES – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 157 Collingwood Street in order to permit the removal of the existing front porch and the construction of a two-storey front porch BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. CONSENT – DEHOOP HOMES LTD. – in respect of an application for a consent to sever an approximately 4.0m2 parcel of land from an approximately 805.4m2 parcel of vacant land at 689 Melrose Street for the purpose of adding the severed parcel as a lot addition to 681 Melrose Street BE PROVISIONALLY APPROVED, subject to conditions. The final date of appeal is May 18, 2004. MINOR VARIANCE – RASIAH & SATHIYABAMA RATNASABAPATHY – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 23 Collegeview Cresent in order to recognize the location of the existing structures on the property BE APPROVED, subject to a condition. The final date of appeal is May 17, 2004. MINOR VARIANCE – SANDRA BERG – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 16 Linton Street in order to permit the construction of a separate storage structure on the property BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. MINOR VARIANCE – V. MARQUES CONSTRUCTION LTD. – in respect of an application for a minor variance from Zoning By-Law No. 97-102 for the property at 347 Chadwick Drive in order to permit the construction of a 188m2 one-storey dwelling and garage BE APPROVED. The final date of appeal is May 17, 2004.


May 4, 2004

COMMUNICATIONS

MINOR VARIANCE – MOHAMAD & GISELE TAUCHID – in respect of an application for a minor variance from Zoning By-Law No. 8499 for the property at 23 Redan Street in order to permit the construction of a one-storey dwelling BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. MINOR VARIANCE – JACK TYHUIS – in respect of an application for a minor variance from Zoning By-Law No. 76-26 for the property at 235 Chelsea Road in order to permit the construction of a garage and living space BE APPROVED. The final date of appeal is May 17, 2004. MINOR VARIANCE – J. A. PEY (ONTARIO) LTD. – in respect of an application for a minor variance from Zoning By-Law No. 2003-199 for the property at 360 Augusta Drive in order to recognize the location of the existing structures BE APPROVED, subject to a condition. The final date of appeal is May 17, 2004. MINOR VARIANCE – PAMELA DICKEY & CAROL ALLISON-BURRA – in respect of an application for minor variances from Zoning By-Law No. 8499 for the property at 400 Elmwood Street in order to permit the construction of a 53.13m2 one-storey garage and second storey above the garage BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. CONSENT – BRUCE BARK – in respect of an application for a consent to sever a 557.5m2 parcel of land from a 1424.7m2 parcel of land at 1164 Lincoln Drive in order to create a new residential building lot BE PROVISIONALLY APPROVED, subject to conditions. The final date of appeal is May 18, 2004. MINOR VARIANCE – DIVISION STREET CENTRE INC. – in respect of an application for a minor variance form Zoning By-Law No. 8499 for the property at 86 Dalton Avenue/1216 Division Street in order to permit the construction of a 1083.3m2 retail/commercial building BE APPROVED, subject to conditions. The final date of appeal is May 17, 2004. (File No. CSU-D23-000-2004)

14-244 From Glenn Stresman, Executive Director for the Community Foundation of Greater Kingston, requesting

that Council proclaim Wednesday, June 16, 2004 as “Community Foundation Day” to coincide with their 9th Annual General Meeting. (File No. CSU-M10-000-2004) (See Miscellaneous Business Item (5)

Referred to the Commissioner of Corporate Services 14-231 From the Minister of Finance, informing Council that the 2004 education property tax rate regulations were

filed on April 26, 2004 to facilitate property tax billing. (File No. CSU-A16-000-2004)

Referred to the Commissioner of Planning & Development Services 14-243 From the Ontario Municipal Board, informing Council of the decision reached by the Ontario Municipal

Board concerning an appeal by Catherine Styles & Dave Robertson concerning a decision of the Committee of Adjustment in respect of an application for a minor variance from By-Law No. 8499 for the property at 5 Alamein Drive. (File No. CSU-L01-001-2004)


May 4, 2004

BY-LAWS (A) That By-Laws (1) through (7) be given their first and second reading. (B) That Clause 8.9 of By-Law No. 98-1 be suspended for the purpose of giving By-Law (1) three readings. (C) That By-Laws (1) and (7) through (9) be given their third reading.

(1) A By-Law To Exempt Certain Lands On Registered Plan 13M-23 From The Provisions Of Section 50 (5) Of The

Planning Act, RSO 1990, Chapter P.13, And Amendments Thereto (Blocks 64, 65 & 66, Plan 13M-23 – Phase 2C-2, Arbour Ridge Subdivision). THREE READINGS PROPOSED NO. 2004-99 (Clause (d), Report No. 45)

(2) 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” (Change Monthly Rates At Gorline Lot, Ordnance Lot, Four Points Sheraton Lot). FIRST AND SECOND READINGS PROPOSED NO. 2004-100 (Clause (e), Report No. 45)

(3) A By-Law To Amend By-Law No. 99-91 “A By-Law To Provide For The Regulation Use Of Parks And Recreation

Facilities Of The Corporation” (Amend Parking-Related Clauses Governing Use Of Park Facilities). FIRST AND SECOND READINGS PROPOSED NO. 2004-101 (Clause (e), Report No. 45)

(4) A By-Law To Provide For The Temporary Closure Of Ontario Street From Brock Street To Market Street On

Saturday, June 19, 2004 From 7:30 AM To 4:00 PM (Community Purposes – Sunnyside Children’s Foundation Teddy Bear Picnic). FIRST AND SECOND READINGS PROPOSED NO. 2004-102 (Clause (f), Report No. 45)

(5) A By-Law To Provide For The Temporary Closure Of Ontario Street Between Clarence Street And Johnson Street On

Saturday, June 12, 2004 From 11:00 AM To 6:00 PM (Community Purposes – PRO Kids Car Show & Mardi Gras Festival – Beads & Speed 2004). FIRST AND SECOND READINGS PROPOSED NO. 2004-103 (Clause (g), Report No. 45)

(6) A By-Law To Provide For The Temporary Closure Of Various Streets On Sunday, June 6, 2004 At Various Times

(Community Purposes – Beat Beethoven Run). FIRST AND SECOND READINGS PROPOSED NO. 2004-104 (Clause (h), Report No. 45)


May 4, 2004

BY-LAWS (7) A By-Law To Confirm The Proceedings Of Council At Its Meeting Held On Tuesday, May 4, 2004.

THREE READINGS PROPOSED NO. 2004-105 (City Council Meeting No. 14-2004)

(8) A By-Law To Provide For The Temporary Closure Of Clergy Street From Barrie Street To Earl Street On Saturday,

May 29, 2004 From 8:00 AM To 2:30 PM (Community Purposes – Sydenham Public School Council Yard Sale & Fun Fair). THIRD READING PROPOSED NO. 2004-94 (Clause (a), Report No. 40)

(9) A By-Law To Amend By-Law No. 76-26 Of The Former Township Of Kingston, (Site Specific Zoning – Development

“D” Zone and Special Residential Type 2 “R2-28” Zone to a Holding Special Residential Type 2 “R2-28-H” Zone and Special Open Space “OS-3” Zone, Parts of Lots 8 & 9, Concession 3) THIRD READING PROPOSED NO. 2004-97 (Clause (3), Report No. 42)

ADJOURNMENT