City of Kingston
Council Meeting
Revised Agenda

That the appreciation of Kingston City Council be extended to Eleanor Hands, for her many years of outstanding service to Kingston Access Bus. Eleanor was first elected to the Kingston Access Bus Board in 2011, before becoming Board President in 2013, during which time she provided invaluable insights from both a passenger and leadership perspective. Her dedication to the organization's values, especially during periods of significant change, was significant. Eleanor's thoughtful and kind nature, coupled with her advocacy for persons with disabilities, has left a lasting impact on Kingston Access Bus. We extend our heartfelt thanks and best wishes to Eleanor for her contribution to Kingston Access Bus and the community as a whole.

That Council acknowledges receipt of the Notice of Objection from Elaine Dickson dated March 21, 2024, to the proposed designation of the property located at 45 Charles Street, known as the Calvary Church, as a property of cultural heritage value or interest pursuant to Section 29(5) of the Ontario Heritage Act and having considered the objections set out in the Notice of Objection pursuant to Section 29(6), has decided not to withdraw the Notice to Intention to Designate the property; and

That Council accordingly reaffirms its approval of the Draft Designation By-Law for 45 Charles Street, known as the Calvary Church; and

That Council give all three readings to the Designation By-Law for 45 Charles Street, attached as Exhibit D to Report Number 24-182 and directs the City Clerk to serve a Notice of Passing as prescribed under Section 29(8) of the Act; and

That Council acknowledges receipt of the Notice of Objection from Elaine Dickson dated March 21, 2024, to the proposed designation of the property located at 605-607 Bagot Street, known as the Calvary Church, as a property of cultural heritage value or interest pursuant to Section 29(5) of the Ontario Heritage Act and having considered the objections set out in the Notice of Objection pursuant to Section 29(6), has decided not to withdraw the Notice to Intention to Designate the property; and

That Council accordingly reaffirms its approval of the Draft Designation By-Law for 605-607 Bagot Street, known as the Calvary Church; and

That Council give all three readings to the Designation By-Law for 605-607 Bagot Street, attached as Exhibit D to Report Number 24-182 and directs the City Clerk to serve a Notice of Passing as prescribed under Section 29(8) of the Act; and

That Council acknowledges receipt of the Notice of Objection from Phil Thompson dated March 29, 2024, to the proposed designation of the property located at 384 Division Street, known as the Hoagie House, as a property of cultural heritage value or interest pursuant to Section 29(5) of the Ontario Heritage Act and having considered the objections set out in the Notice of Objection pursuant to Section 29(6), has decided not to withdraw the Notice to Intention to Designate the property; and

That Council accordingly reaffirms its approval of the Draft Designation By-Law for 384 Division Street, known as the Hoagie House; and

That Council give all three readings to the Designation By-Law for 384 Division Street, attached as Exhibit E to Report Number 24-182 and directs the City Clerk to serve a Notice of Passing as prescribed under Section 29(8) of the Act; and

That Council acknowledges receipt of the Notice of Objection from Jeff and Monika Cook, dated May 3, 2024, to the proposed designation of the property located at 3578 Unity Road, known as the Raycroft Farmhouse, as a property of cultural heritage value or interest pursuant to Section 29(5) of the Ontario Heritage Act and having considered the objections set out in the Notice of Objection pursuant to Section 29(6), has decided not to withdraw the Notice to Intention to Designate the property; and

That Council accordingly reaffirms its approval of the Draft Designation By-Law for 3578 Unity Road, known as the Raycroft Farmhouse; and

That Council give all three readings to the Designation By-Law for 3578 Unity Road, attached as Exhibit F to Report Number 24-182 and directs the City Clerk to serve a Notice of Passing as prescribed under Section 29(8) of the Act.

That Council ratify the recommendations submitted by the Kingston Arts Council regarding the 2024 City of Kingston Arts Fund, in support of both Operating Grants and Project Grants, as outlined in the 2024 CKAF Adjudication Report, attached to Report Number 24-186 as Exhibit A; and

That Council direct the Kingston Arts Council to release the Operating Grants and Project Grants, as approved, totalling $613,088 to the successful applicants.

That Council approve the donation of Kingston Fire & Rescue’s current Technical Rescue truck, a 1994 Pemfab Walk-In Rescue, to Firefighters Without Borders, for the purpose of enhancing emergency response and the protection of life, property, and the environment within an Indigenous community.

That the lands at 900-920 Gardiners Road be designated as a Class 4 Area under the Provincial Environmental Noise Guideline – Stationary and Transportation Noise Sources – Approval and Planning (NPC 300).

That Council approve a new lease agreement between NAV Canada and The Corporation of the City of Kingston for premises located at the Kingston Airport; and

That Council authorize the Mayor and City Clerk to execute the lease agreement between NAV Canada and The Corporation of the City of Kingston, in a form satisfactory to the Director of Legal Services or designate.

That the By-Law attached as Exhibit B to Report Number 24-184 (A By-Law to Amend By-Law Number 2016-189, A By-Law to Consolidate the Delegation of Powers and Duties) be given all three readings on July 9, 2024 in order to amend By-Law Number 2016-189, A By-Law to Consolidate the Delegation of Powers and Duties; and

That Council support, in principle, a comprehensive review of the City of Kingston’s approach to the delegation of powers and duties pursuant to the Municipal Act, 2001, and direct the City Clerk to report back to Council in Q1 2025 regarding the outcome of the review and proposed next steps.

That Council direct staff to make a contribution of $37,991.90, equivalent to the amount of development charges paid for the project, from the Working Fund Reserve to the Kinsmen Club of Kingston for the 2025 Kinsmen Dream Home project, for the purposes of the Kinsmen Club of Kingston reallocating these funds to an eligible local charity; and

That Council direct staff to report back with information on donations once the Kinsmen Club of Kingston has allocated funding to community organizations.

That the Mayor and Clerk be authorized to execute the Municipal Funding Agreement for the Canada Community-Building Fund between the Association of Municipalities of Ontario and the City of Kingston, subject to the satisfaction of the Director of Legal Services; and

That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement for the Building Faster Fund between the Ministry of Municipal Affairs and Housing and the City of Kingston, subject to the satisfaction of the Director of Legal Services; and

That Council delegate authority to the City’s Chief Financial Officer and City Treasurer to approve and submit a Building Faster Fund investment plan and year-end report for each program year.

That Council approve a temporary noise exemption at the intersection of John Counter Boulevard and Montreal Street, Mondays to Fridays from 7 p.m. to 12 a.m., Saturdays from 7 p.m. to 9 p.m. and on Sundays from 9 a.m. to 9 p.m. from August 6, 2024 to September 9, 2024 to allow for construction work outside the currently permitted times as outlined in By-Law Number 2004-52, A By-Law to Regulate Noise within the City of Kingston.

That Council direct staff to seek a two-year extension of the Recycling Bin License Agreement with Renewal Squared Inc.; and

That Council direct staff to issue an Expression of Interest for the provision of textile recycling for a five-year term with two-year extension option based on the current program elements and service levels prior to the end of the aforementioned two-year term.

That Council receive the 2023 fourth quarter operating budget status report; and

That the surplus generated from municipal operations in the amount of $4,228,537 be allocated as follows:

1. Working Fund Reserve (in accordance with policy)   $  802,272
2. Homelessness & Housing Reserve                           $1,700,000
3. Human Services Reserve                                          $   477,000
4. Municipal Capital Reserve Fund                                $ 1,249,265

That the net surplus generated from municipal utilities operations in the amount of $ 1,494,574 be allocated to the following utility reserve funds:

1. Water Capital Reserve Fund                                      $ 325,577
2. Wastewater Capital Reserve Fund                             $ 850,366
3. Municipal Capital Reserve Fund                                 $ 192,251
4. Appliance Rental Reserve Fund                                 $ 126,380

That Council approve a budget amendment in the amount of up to $500,000 to initiate servicing and road design work for lands along Midland Avenue to Clogg’s Road Business Park, funded from the Municipal Capital Reserve Fund; and

That Council approve a budget amendment in the amount of up to $150,000 to fund costs related to improving public safety in City parks, funded from the Municipal Capital Reserve Fund.

That Council consent to the acquisition of land by lease of temporary facilities at the Cataraqui Centre by the Kingston Frontenac Public Library Board in order to provide continued library service in the west end area, during the renovations of the Isabel Turner Branch as required by Section 19.1 (a) of the Public Libraries Act and that the lease be in a form that is satisfactory to the Director of Legal Services; and

That Council approve a budget in the amount of $300,000 for lease of space, fit up and moving costs, funded from the Library Capital Reserve Fund; and

That Council authorize the Mayor and the Clerk to execute a municipal capital facility agreement with Cataraqui Holdings Inc., in respect of the space to be leased by the Kingston Frontenac Public Library Board, in a form that is satisfactory to the Director of Legal Services; and

That in accordance with Section 110 (6) of the Municipal Act, 2001, the By-Law, attached as Exhibit A Report Number 24-199, being a By-Law to Authorize an Agreement for the Provision of a Municipal Capital Facility for space at Cataraqui Centre, 935 Gardiners Road, Kingston, Ontario, be presented and given all three readings, it being understood that this By-Law will provide an exemption to the property to which the Municipal Capital Facility Agreement applies, from taxation for municipal and education purposes; and

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

That Council approve a capital budget of $3,700,000 for the Isabel Turner Branch renovation project, to be funded from the Municipal Capital Reserve Fund.

Option 1:

That Council direct staff to continue to wind down the Sleeping Cabin program as previously directed, and decline Our Livable Solutions’ Crossroads Village proposal due to insufficient information as it relates to unconfirmed capital and operating costs; and

That staff be directed to continue to dispose of the cabins through a procurement process.

Option 2:

That Council direct staff to continue to wind down the Sleeping Cabin program as previously directed by Council with an anticipated program end date of September 30, 2024, and to additionally work with Our Livable Solutions to advance their Crossroads Village proposal to accommodate any remaining tenants; and

That Council support the application of the emergency use provisions within the Kingston Zoning By-Law for a period of up to three years to enable the establishment of a sleeping cabin program at Crossroads United Church; and

That staff be directed to work with Our Livable Solutions (OLS) to develop terms and conditions for the sale of the 17 sleeping cabins to OLS for $1; it being understood that should OLS’s Crossroads Village proposal plan not be completed within a period of 24 months, the terms and conditions would stipulate that OLS return the 17 cabins back to the City; and

That staff be directed to relocate the 17 sleeping cabins to Crossroads United Church once the lease agreement between Our Livable Solutions and Crossroads United Church is established; and

That Council approve up to $150,000, funded from the Homelessness and Housing Reserve, to support Planning Act application preparation and associated legal fees to finalize the Crossroads United Church Land Lease for the use of the property at 690 Sir John A. Macdonald Boulevard; and

That Council approve up to $350,000, to be funded from the Homelessness and Housing Reserve, to assist with capital development expenses such as the common amenities building, accessible sidewalks and ramps, community gardens, etc.; and

That Council direct staff to enter into a Memorandum of Understanding with Our Livable Solutions to include tracking of progress and reporting out of tenants’ outcomes.

That the application for final plan of condominium (File Number D07-003-2023) submitted by New Empire Design Build Contractors Ltd., on behalf of Empire Park Developments Ltd., for the property municipally known as 190 Resource Road, be exempted under Section 9(6) of the Condominium Act from the provisions of Section 51 and 51.1 of the Planning Act that would normally apply under Section 9(2) of the Condominium Act; and

That final approval be granted to the final plan of condominium (File Number D07-003-2023) submitted by New Empire Design Build Contractors Ltd., on behalf of Empire Park Developments Ltd., for the property municipally known as 190 Resource Road, subject to the Owner entering into a Condominium agreement with the City, which agreement shall provide further notice to the Condominium Corporation and present and future purchasers, of the conditions contained within the registered Site Plan Control agreement and that the Condominium Corporation will be responsible for maintaining the approved site works and fulfilling any conditions of the agreement; and

That subject to the satisfaction of the Director of Legal Services & City Solicitor, the Mayor and Clerk be authorized to execute the Condominium agreement, and the Director of Legal Services & City Solicitor be authorized to forward the necessary signed and stamped originals and required copies of the Final Plan of Condominium to the Land Registry Office for registration.

That the application for a zoning By-Law amendment (File Number D14-006-2024) submitted by Caraco Group of Companies and Fotenn Consultants Inc., on behalf of Caraco Property Management, for the property municipally known as 61 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-24-036; 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 Council direct staff to serve a Notice of Intention to Designate the property located at 140-150 Montreal Street as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 140-150 Montreal Street, attached as Exhibit B to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 145-147 Montreal Street/97 Bay Street, known as the Strainge Terrace, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 145-147 Montreal Street/97 Bay Street, attached as Exhibit C to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 151 Montreal Street, known as the Strainge Terrace, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 151 Montreal Street, attached as Exhibit C to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 153 Montreal Street, known as the Strainge Terrace, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 153 Montreal Street, attached as Exhibit C to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 155 Montreal Street, known as the Strainge Terrace, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 155 Montreal Street, attached as Exhibit C to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 15 Rideau Street as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 15 Rideau Street, attached as Exhibit D to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Proposed Amendment/ Notice of Intention to Designate the property located at 17 Rideau Street as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 17 Rideau Street, attached as Exhibit D to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 217-221 Princess Street, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 217-221 Princess Street, attached as Exhibit E to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 22 Yonge Street, known as the Fisher Brewery Kiln and Office, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 22 Yonge Street, attached as Exhibit F to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 3250 Quabbin Road, known as the Guess Farmstead, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 3250 Quabbin Road, attached as Exhibit G to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 3857-3889 Seabrooke Road, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 3857-3889 Seabrooke Road, attached as Exhibit H to Report Number HP-24-028, be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act; and

That Council direct staff to serve a Notice of Intention to Designate the property located at 790 Front Road, known as the Murton-Henderson House, as a property of cultural heritage value or interest pursuant to Section 29 of the Ontario Heritage Act, attached as Exhibit A to Report Number HP-24-028; and

That should no Notice of Objection be received by the Clerk of The Corporation of the City of Kingston within thirty (30) days of the publication of the Notice of Intention to Designate, the Designation By-Law for 790 Front Road, attached as Exhibit I to Report Number HP-24-028 be presented to Council for all three readings, and that staff be directed to carry out the requirements as prescribed under Section 29(8) of the Act.

That City of Kingston By-Law Number 2007-136, being “A By-Law to Provide for Maintaining Land in a Clean and Clear Condition”, as amended, be further amended as per Exhibit A to Report Number EITP-24-007; and

That City of Kingston By-Law Number 2005-100, being “A By-Law for Prescribing Standards for the Maintenance and Occupancy of Property Within the City of Kingston”, as amended, be further amended as per Exhibit B to Report Number EITP-24-007; and

That City of Kingston By-Law Number 2020-69, being “A By-Law to Establish a Process for Administrative Monetary Penalties”, as amended, be further amended as per Exhibit C to Report Number EITP-24-007; and

That Council authorize the Director, Licensing and Enforcement Services, or their designate, to place amending by-laws on the Council agenda for all three readings to amend the list of prohibited plants contained in City of Kingston By-Law Number 2007-136, “A By-Law to Provide for Maintaining Land in a Clean and Clear Condition.

That as requested by Sean Duffy, Livesaving Society (Royal Life Saving Society Canada, Ontario Branch), Kingston City Council proclaim the week of July 21 to 27, 2024 as “National Drowning Prevention Week” in the City of Kingston.

That the resignation of Rene Hart from the Municipal Accessibility Advisory Committee be received with regret. 

Whereas many residents in the City of Kingston receive unwanted weekly newspaper deliveries that are thrown onto lawns, driveways, laneways, and boulevards; and 

Whereas the improper delivery of newspapers creates widespread litter, becomes a nuisance when newspapers are scattered by wind, rain or other elements, and damages private and public infrastructure when newspapers become caught in snow-blowing devices or enter into and clog drains and drainage facilities; and 

Whereas the improper delivery of newspapers also creates a hazard for individuals who are elderly or who experience mobility challenges and cannot readily retrieve newspapers thrown onto lawns, driveways, laneways and boulevards; and 

Whereas the accumulation of improperly delivered newspapers on a private property creates a safety concern, as it sends a signal that the resident is not at home, potentially increasing the risk of burglary or robbery; and 

Whereas many residents have tried unsuccessfully to opt-out of receiving unwanted weekly newspaper publications; and 

Therefore Be It Resolved That City staff be directed to prepare an amendment to the City’s Community Standards By-Law that requires distributors to deliver newspapers to a door, mail slot or other receptacle on the property, such as a mailbox, and to present the amending by-law to Council by the end of Q3 2024; and 

That the City Clerk be directed to send a copy of this motion to the newspaper publications that provide delivery within the limits of the City of Kingston.