City of Kingston
Council Meeting
Agenda

That Kingston City Council recognize August 16th to September 30th as Open Farms Days in the City of Kingston. Open Farms Days is a six-week celebration of local agriculture and food businesses in Kingston and Frontenac County. Agriculture plays an important role in the community and a strong agricultural economy is essential for enduring communities, ensuring the health of residents and establishing support for food security for residents, businesses and organizations. Addressing food insecurity and sustainability is included as one of Council’s 2023 – 2026 strategic priorities and support for events such as Open Farms Days helps to achieve that priority. Kingston City Council encourages all residents to support local farms and food businesses by participating in the events taking place during Open Farms Days.

That Kingston City Council recognize the career of Bill Hutchins, veteran broadcaster and journalist. Bill’s career has spanned five decades, including the last 27 years as News Anchor at CKWS-TV. In addition to his duties behind the desk of the evening news, Bill would often venture into the community to cover stories, especially issues pertaining to City Hall and the City of Kingston. After starting his career in Toronto, Bill moved to Kingston in 1990 to work in the radio industry before joining CKWS as a reporter. Kingston City Council recognizes Bill’s numerous contributions to keeping the Kingston community informed on the full range of news, from the Ice Storm of 1998 to the final The Tragically Hip concert in 2016.

That Queen’s University be granted an exemption from Schedule B of By-Law Number 2004-52, “A By-Law to Regulate Noise”, to permit the following events during Orientation Week:

1. For the area of Queen’s University Main Campus bounded by Union Street, Barrie Street, Stuart Street, and Albert Street from the hours of 9:00 a.m. to 11:00 p.m. from Saturday, August 31, 2024, to Monday, September 2, 2024, and September 6 to 8, 2024;
2. For the area of Queen’s University West Campus, north of Duncan McArthur Hall, bounded by Sir. John A. Macdonald Boulevard, Stadium Lane, and Johnson Street between the hours of 9:00 a.m. to 11:00 p.m. from Saturday, August 31, 2024, to Monday, September 2, 2024, and September 6 to 8, 2024; and
3. For events held on public property during September 1, 2 7, and 8, 2024 between 7:00 a.m. and 10:30 p.m., including:

• A ‘Queen's in the Park' event, where orientation groups will engage with various Queen’s clubs and organizations, on Sunday, September 1, 2024, located in Cricket Field. It is proposed the event will take place from 12:30 p.m. to 9:30 p.m.;
• A “Breakfast Event”, involving Orientation groups that will be served breakfast and an opportunity to engage with one another located in Victoria Park from 8:00 a.m. to 10:45 a.m. including amplified noise with music through speakers on Monday, September 2, 2024;
• A ‘Coverall Painting & Cheer-Off’ event, involving incoming students painting coveralls laid out on tarps and participating in cheers and having breakfast, on Monday, September 2, 2024, in City Park. It is proposed that the event will take place from 9:00 a.m. to 2:00 p.m.;
• A ‘Thundermugz’ event involving engineering programming for building structures and an obstacle course, on Monday, September 2, 2024, located at City Park. It is proposed that the event will take place from 2:00 p.m. to 5:00 p.m;
• A ‘Highland Games’ event, involving rotations and small group games in preparation for the Grease Pole, on Saturday, September 7, 2024, located at City Park. It is proposed that the event will take place from 9:30 a.m. to 7:30 p.m.;
• A “CompSci Cup” event, involving orientation groups that will rotate through different stations of building activities competing for points to win the CompSci Cup. It is proposed that this event will take place at Cricket Field from 9:30 a.m. to 3:00 p.m. on Saturday September 7, 2024;
• A ‘Comm Olympics' event, involving orientation groups rotating through stations to participate in team building activities on Saturday, September 7, 2024, in City Park. It is proposed that the event will take place between 9:45 a.m. and 1:30 p.m.;
• A ‘Coverall Painting' event, involving incoming students painting coveralls laid out on tarps, on Saturday, September 7, 2024, in City Park. It is proposed that the event will take place between 11:30 a.m. and 9:30 p.m.;
• A “Paint Party and Tamming Ceremony” involving incoming students that will paint their coveralls and participate in the AMS Tamming Ceremony. This event is proposed to take place on Saturday September 7, 2024, at Victoria Park from 1:00 p.m. to 8:00 p.m.;
• A KIN X BHSC “Glow Bash”, involving kinesiology and health sciences orientation groups that will engage in various team building activities with a glow-in-the-dark theme. This event is proposed to take place at Cricket Field between 5:35 p.m. and 10:15 p.m. on Sunday, September 1, 2024;
• A ‘First Year Olympic’ event, where orientation Groups will rotate through stations engaging in various activities, on Sunday, September 8, 2024, on the Cricket Field. It is proposed that the event will take place from 9:00 a.m. to 5:00 p.m.;
• A ‘Tournament of the Century’ event, involving games and team building, in City Park, on Sunday, September 8, 2024. It is proposed that the event will take place from 11:00 a.m. to 7:00 p.m.;
• A “Tamming Ceremony”, involving incoming students that will participate in Queen’s Nursing traditions and receive their tam. This event is proposed to take place at City Park between the hours of 4:15 p.m. and 6:00 p.m. on Sunday, September 8, 2024; and
• A ‘Grease Pole Climb’ event, where students work together to retrieve a traditional Queen’s bonnet (tam) from the top of a pole, on Sunday, September 8, 2024, on Cummins Road. It is proposed that the event will take place from 6:00 a.m. to 12:30 p.m.

That The Frontenac Club, located at 225 King Street East, be granted an exemption from Schedule B of By-Law Number 2004-52, “A By-Law to Regulate Noise”, expiring November 30, 2026, to permit amplified sound for up to five occasions per week between May 1 and November 30 of each year, limited to Sunday through Wednesday between 12 p.m. to 8 p.m. and Thursday through Saturday between 12 p.m. to 10 p.m.; and

That should the provisions related to amplified sound contained in Schedule B of By-Law Number 2004-52, “A By-Law to Regulate Noise” be amended prior to the November 30, 2026 expiration of the exemption granted to The Frontenac Club, the exemption will be voided at the time those amendments come into effect.

That Council authorize the Mayor and Clerk to execute an Amended Municipal Capital Facility Agreement with Frontenac Shopping Centre Inc., the owner of 1300 Bath Road, for the entirety of the premises leased to the Boys and Girls Club of Kingston & Area Inc. o/a BGC South East, in order to exempt the premises from taxation for municipal and education purposes, which tax exemption is to be effective as of the latest of the following days: the day the amendment to the municipal capital facility agreement is signed; the day the lease amending agreement is signed; and the day the tax exemption By-Law is enacted; and

That in accordance with Section 110(6) of the Municipal Act, 2001, the By-Law, attached as Exhibit C to Report Number 24-197, be presented and given all three readings, to provide an exemption to the portion of the property to which the Municipal Capital Facility Agreement applies, from taxation for municipal and school purposes; and

That in accordance with Section 110(8) of the Municipal Act, 2001 the Clerk be directed to give written notice of the passing of the By-Law to the local school boards having jurisdiction in the area in which the property is located and to the Municipal Property Assessment Corporation as required by Section 110(5) and (8); and

That Council authorize the Mayor and Clerk to enter into any other agreements as required to provide for this municipal capital facility in a form satisfactory to the Director of Legal Services.

That Council approve the 16 Community Investment Fund grant recommendations, attached as Exhibit A to Report Number 24-143, for a total of $230,000.

That Council endorse the City of Kingston Community Area Land Needs and Intensification Analysis, dated July 31, 2024, prepared by Watson & Associates Economists Ltd., attached as Exhibit A to Report Number 24-172; and

That the Community Area land needs requirement, as presented in Exhibit A to Report Number 24-172, inform the more detailed work to be completed as part of the Official Plan project, which will identify the location of future urban boundary expansion lands.

That Council approves a capital project with funding of $1,250,000 from the Housing Accelerator Fund, received from the Canada Mortgage and Housing Corporation, to fund the Additional Residential Unit Incentive Program; and

That Council approves the amendments to the Capital Investment in Affordable Housing policy, as outlined in Exhibit A to Report Number 24-179, to include updated provisions for the Additional Residential Unit incentive program; and

That Council directs staff to release the Additional Residential Unit incentive program outlined in Report Number 24-179; and

That Council authorizes the Manager, Housing & Homelessness, or their delegate, to review, approve, and sign all documents and agreements related to the Additional Residential Unit incentive program as required and approved by Legal Services; and

That Council directs staff to publish the detached additional residential unit vendor roster on the City’s webpage as outlined in Report Number 24-179.  

That Council approve an amount of $300,000, funded from the Municipal Capital Reserve Fund, to provide partial funding for the Inclusive Play Project at Shannon Park that will enable the City to complete civil site works for the project once the remaining project funding has been secured; and

That should the total funding of the Inclusive Play Project, including grants, donations and the aforementioned $300,000 amount, exceed the total cost of the Project, that the remaining monies be directed to fund additional inclusive playground equipment; and

That Council direct staff to waive all municipal and special event fees associated with planning and delivering the Inclusive Fun Fair in 2025 to support additional opportunities to generate community donations for the Inclusive Play Project.

That Council approve capital budget changes, as well as financing of capital projects or (return of funds), as summarized in this report and detailed in Exhibit A to Council Report Number 24-194; and

That Council approve a budget amendment to add $2,950,000 to the Engineering Road Reconstruction & Rehabilitation capital envelope to be funded from the Municipal Capital Reserve Fund; and

That Council approve a budget amendment to add $510,000 the Arena Facilities capital envelope to be funded from the Arena Reserve Fund.

That Council approve the Audited Financial Statements and Other Financial Information of The Corporation of the City of Kingston, Year Ended December 31, 2023, attached as Exhibit A to Report Number 24-208.

That the application for a zoning By-Law amendment (File Number ​D14-008-2024​) submitted by ​The Boulevard Group​, on behalf of 1382739 Ontario Limited, for the property municipally known as ​40 Hyperion Court​, be ​approved​; and

That Kingston Zoning By-Law Number 2022-62, as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to Amend Zoning By-Law Number ​2022-62​) to Report Number ​PC-24-044​; and

That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the By-Law; and

That the amending By-Law be presented to Council for all three readings. 

That the application for a zoning By-Law amendment (File Number ​D14-009-2023​) submitted by ​IN8 Developments Inc. & Fotenn Consultants​, on behalf of ​64 Barrack Street (Kingston) Inc.​, for the property municipally known as ​64 Barrack Street & 235-237 Wellington Street​, be ​approved​; and

That Kingston Zoning By-Law Number 2022-62, as amended, be further amended, as per Exhibit A (Draft By-Law and Schedule A to Amend Zoning By-Law Number ​2022-62​) to Report Number ​PC-24-038​; and

That Council determines that in accordance with Section 34(17) of the Planning Act, no further notice is required prior to the passage of the By-Law; and 

That the amending By-Law be presented to Council for all three readings. 

That the alterations to the property at 292 Johnson Street, be approved in accordance with details described in the application (File Number: P18-059-2024), which was deemed complete on June 6, 2024, with alterations to include the demolition of a one-and-a-half storey drive shed in the rear yard that abuts a City owned laneway.

That the approval of the alterations be subject to the following conditions:

1. That the owner consider repurposing/donating/salvaging the garage door hardware;
2. Prior to demolition, the applicant shall photograph the interior of the garage as well as measure the exterior footprint, dimensions and roof pitch, and provide these photos and details to Heritage Planning staff for record purposes;
3. That an encroachment/temporary access permit be obtained, as necessary;
4. A Building Permit shall be obtained, as necessary;
5. Heritage Planning staff shall be circulated the drawings and design specifications tied to the Building Permit application for review and approval to ensure consistency with the scope of the Heritage Permit sought by this application; and
6. Any minor deviations from the submitted plans, which meet the intent of this approval and do not further impact the heritage attributes of the property, shall be delegated to the Director of Heritage Services for review and approval.

That the new construction at 411 Wellington Street, be approved in accordance with the details described in the application (File Number P18-064-2024), which was deemed complete on June 12, 2024, with said application to include the construction of a two-storey dwelling, a detached garage accessed by a driveway and a public road network, including sidewalks; and

That the approval of the application be subject to the following conditions:

1. All Planning Act applications shall be completed, as necessary;
2. All building permits shall be obtained, as necessary;
3. Details related to the colour(s) and design of the new windows, roofing and cladding shall be submitted to Heritage Services staff, prior to installation, for review and approval, to ensure it complements the heritage character and attributes of the property;
4. A Preliminary Certificate of Approval of Underground Services and any associated easements shall be obtained, as necessary;
5. The use of single sash windows on the front wall of the dwelling is encouraged and permitted as an option to the double windows proposed;
6. The use of wood siding on the front wall of the dwelling is encouraged and permitted as an option to the wood-grained concrete fibre board proposed; and
7. Any minor deviations from the submitted plans, which meet the intent of this approval and do not further impact the heritage attributes of the property, shall be delegated to the Director of Heritage Services for review and approval.

That Council approve the Audited Financial Statements and Other Financial Information of The Corporation of the City of Kingston, Year Ended December 31, 2023, attached as Exhibit A to Report Number AP-24-017. 

That a By-Law be presented to amend By-Law Number 2021-10, “A By-Law to License and Regulate Short-term Rentals in the City of Kingston”, as amended, as per Exhibit A attached to Report Number AP-24-015; and

That a By-Law be presented to amend By-Law Number 2005-10 “A By-Law to Establish Fees and Charges to be Collected By the Corporation of the City of Kingston”, as amended, to apply a system of licensing fees for Short-term Rental Brokerages as per Exhibit B attached to Report Number AP-24-015; and

That By-Law Number 2020-69, “A By-Law to Establish a Process for Administrative Penalties”, as amended, be further amended, as per Exhibit C to Report Number AP-24-015; and

That Council authorize City staff to submit any required set fine applications to the Ministry of the Attorney General in relation to the proposed amendments to the Short-term Rental By-Law; and

That the Mayor and Clerk be authorized to execute any agreements that identify data sharing obligations of Short-term Rental Brokerages to the City of Kingston in a form acceptable to the Director of Legal Services.

That Council approve the cancellation, reduction, or refund of taxes pursuant to applications made under Sections 357 and 358 of the Municipal Act, 2001 totaling $139,807.25 of which $109,357.82 is the City’s portion and the amount charged back to the school boards is $30,449.43, for the properties listed in Exhibit A to Report Number AP-24-017.

That Sonia Verjovsky be appointed to the Kingston Frontenac Public Library Board for a term ending November 14, 2026; and

That pursuant to Section 3.3.2 of the Public Appointment Policy, the following applicants be appointed to the alternate pool for the Kingston Frontenac Public Library Board:

1. Dominic Naimool;
2. Ining Chao;
3. Taryn Begin;
4. Iryna Patrusheva;
5. Stephanie D’Souza;
6. Ghazwan (Sufyan) Kazzaz; and
7. Sohail Umar-Khitab.

That as requested by Lubomyr Luciuk, Ukrainian Club of Kingston, City Council proclaim August 24, 2024 as ‘Ukrainian Independence Day’ in the City of Kingston.

That as requested by Maurice Fortius, Association canadienne-française de l'Ontario Conseil régional des Mille-Îles, City Council proclaim September 25, 2024 as ‘Jour des Franco-Ontariens et Franco-Ontariennes’ in the City of Kingston.

That as requested by Nancy Nicol, Seniors for Climate, City Council proclaim October 1, 2024 as ‘Seniors for Climate Day’ in the City of Kingston

That as requested by Raphaelle Wash-Beauchamp, Kingston Humane Society, City Council proclaim August 23, 2024 as ‘Kingston Humane Society Day’ in the City of Kingston.

Whereas the Administrative Monetary Penalty System (AMPS) is an enforcement tool approved by the Provincial Government in August of 2009; and

Whereas AMPS are used as a replacement to the Part 1 Provincial Offences Act (POA) ticket system as it provides a flexible and streamlined appeal process and the ability for the municipality to apply unpaid penalties to the property taxes; and

Whereas AMPS free up valuable Provincial Offences Court time saving the province and municipalities valuable resources and funds; and

Whereas Administrative Penalties were written into the Building Code Act in December of 2017 under Section 18.1 however have not received Royal Assent; and

Whereas AMPS has proven to be a valuable tool for education and enforcement of other municipal by-laws within the City of Kingston; and

Whereas Supporting Housing Affordability is the first pillar of the Kingston’s Strategic Plan 2023-2026;

Therefore Be It Resolved That Kingston City Council authorize the clerk to send correspondence on behalf of the Council of the Corporation of the City of Kingston, to the Hon. Paul Calandra at the Ministry of Municipal Affairs and Housing, the Hon. Premier Doug Ford, MPP John Jordan and MPP Ted Hsu asking that AMPS receive Royal Assent to free up time for Building Inspectors to support housing supply action plans instead of having to attend court. 

Whereas pollinator gardens are essential for supporting local biodiversity, providing habitat for bees, butterflies, and other pollinators, and enhancing the aesthetic appeal of urban areas; and

Whereas the City of Kingston is committed to promoting environmentally sustainable practices and improving urban green spaces; and

Whereas a By-Law to amend City of Kingston By-Law Number 2007-136, “A By-Law To Provide For Maintaining Land In A Clean and Clear Condition, to:

(a)       add a definition of “prohibited plant(s)”; and

(b)       to require every owner, lessee or occupant to keep their grounds free from any prohibited plants;

has received two readings by Council and is scheduled to receive third reading on August 13, 2024;

Therefore Be It Resolved That Council directs staff to prepare a By-Law to amend By-Law Number 2004-190, “A By-Law to Regulate the Use of City Streets”, to permit the owner, lessee or occupant of an adjoining property to improve the boulevard by planting one or more plants, provided that:

• the plant is not a prohibited plant;
• the plant does not obstruct or pose a danger to the safety of persons using the boulevard, the public sidewalk or other parts of the highway;
• the plant does not interfere with the activities or adversely affect the condition or operation of the equipment or facilities of the City, Utilities Kingston, or their agents;
• if an owner, lessee or occupant plants a plant in a boulevard, the owner, lessee or occupant must maintain the plant;
• the City will be deemed to own any plant planted in a boulevard and may remove, injure or destroy any such plant at any time and for any purpose; and

That staff bring the recommended amending By-Law to Council for all three readings no later than the end of September 2024.

Whereas the substantial staff cuts affecting television journalists, radio personalities and multiple on-air programs have had a sudden and direct impact on the lives of many residents in Kingston and the surrounding area and signal a further erosion of community engagement and democratic participation for people who live, work and play in this region; and

Whereas the removal of on-air personalities from two radio stations in the market means a dramatic reduction in locally produced content that reflects activities in Kingston; and

Whereas the significant reduction in television news staff has already been felt throughout the community, with local coverage of news and events severely diminished; and

Whereas local news and radio are the foundation of democracy in any community, ensuring that its residents remain well informed and are able to hear about and engage in civic-related and other matters; and

Whereas the continued disappearance of local coverage in many municipalities should be alarming to all levels of government as it means fewer ways for citizens to engage in community activities, political and otherwise, and an overall reduction in ways to remain well informed;

Therefore Be It Resolved That Kingston City Council encourage the Canadian Radio-television and Telecommunications Commission, Kingston’s Members of Provincial Parliament and Members of Parliament to make this increasingly dire situation a priority and ensure their respective levels of government are taking steps to provide adequate and additional support to local journalism, ensuring the long-term viability of local media, in the name of community engagement and democratic participation; and

That a copy of this motion be forwarded to The Honourable Pascale St-Onge, P.C., M.P. Minister of Canadian Heritage, Mark Gerretsen, Kingston and the Islands, M.P. Scott Reid, Lanark-Frontenac-Kingston, M.P.P. Ted Hsu, Kingston and the Islands, M.P.P. John Jordan, Lanark-Frontenac-Kingston.

Whereas the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction; and

Whereas FCM has been the national voice of municipal government since 1901. They represent more than 2,100 municipalities of all sizes, from Canada's cities and rural communities, to northern communities and 20 provincial and territorial municipal associations. Together, they represent more than 92 percent of all Canadians from coast to coast to coast; and

Whereas FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the united voice to carry the municipal message to the federal government; and

Whereas FCM allows a limited number of non-board members to serve on FCM Committees and Forums to further their advocacy and policy efforts; and

Whereas standing committees and forums typically meet in September and March. The November board meeting is dedicated to ‘Advocacy Days’, when FCM board members are in Ottawa to advocate to federal political leaders on critical municipal priorities; and

Whereas the city has benefited from having a council representative on FCM in the past with a greater connection to municipal federal advocacy and policy formation efforts; and

Whereas nominations to FCM must be supported by a council motion indicating the financial support of that Council;

Therefore Be It Resolved That Council of the City of Kingston support Sydenham District Councillor Conny Glenn to serve on FCM Committees and attend Committee and Forum meetings; and

That Council assumes all costs associated with Councillor Glenn attending FCM’s Committee and Board of Directors meetings.