City of Kingston
Council Meeting
Agenda

16-2024

Tuesday, June 04, 2024

7:00 P.m. - 11:00 P.m.

Council Chamber

Council will resolve into the Committee of the Whole “Closed Meeting” at 4:45 pm and will reconvene as regular Council at 7 p.m.

There will be the 2023 Kingston & Frontenac Housing Corporation (KFHC) Annual General Meeting at 6:30 p.m. in the Council Chamber. 

Watch live on the Kingston City Council YouTube channel.

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1.

Call Meeting to Order

2.

Roll Call

3.

The Committee of the Whole "Closed Meeting"

• That Council resolve itself into the Committee of the Whole “Closed Meeting” to consider the following item:

  1. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board - OLT Appeal - 51 Alwington Avenue; 
  2. Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board – OLT Appeal – 4085, 4091 and 4097 Bath Road; 
  3. Labour relations or employee negotiations – Canadian Union of Public Employees (CUPE), Local 109 – Collective Bargaining; and
  4. A proposed or pending acquisition or disposition of land by the municipality or local board - Strategic Priority.

4.

Report of the Committee of the Whole "Closed Meeting"

5.

Approval of Addeds

6.

Disclosure of Potential Pecuniary Interests

7.

Presentations

8.

Delegations

1.

Ruth MacSween

Ruth MacSween will appear before Council to speak to Clause 2 of Report Number 58: Received from Kingston Heritage Properties Committee, with respect to Notice of Intention to Designate under the Ontario Heritage Act

2.

David Hatt

David Hatt will appear before Council to speak to New Motion 1 with respect to the purchase of 309 Queen Mary Road for family medicine and diagnostic centre.

3.

Josh Morgan

Josh Morgan, Welcoming Streets Steward, Downtown Kingston BIA, will appear before Council to speak to Clause 2 of Report Number 56: Received from the Chief Administrative Officer (Recommend) with respect to the Welcoming Streets Program Update & Extension.

9.

Briefings

10.

Petitions

1.

309 Queen Mary Road

A petition bearing approximately 24 signatures opposing any transitional care model/services at 309 Queen Mary Road was received by the Clerk’s Department on May 27, 2024.

11.

Motions of Congratulations, Recognition, Sympathy, Condolences and Speedy Recovery

1.

Partners in Mission Food Bank

Moved by Councillor Tozzo

Seconded by Mayor Paterson

• That Kingston City Council recognize the 40th anniversary of the Partners in Mission Food Bank, on June 17, 2024, by declaring that day as Partners in Mission Food Bank Day. Their first food collection was received on June 17, 1984, and in the over 40 years since Partners in Mission Food Bank has grown significantly, obtained registered charity status, and moved between several locations before moving into their current location on Hickson Avenue. In 2023 Partners in Mission Food Bank was named a Top 10 Canadian Food Bank by Charity Intelligence for the third year in row, and a Top 10 Canadian Impact Charity for the second year in a row, with $0.93 of every $1 donated going to their food hamper program. Additionally, in 2023 18,510 grocery hampers were distributed, 13.2 % more than the record set in the previous year.

12.

Deferred Motions

13.

Report Number 56: Received from the Chief Administrative Officer (Consent)

All items listed on the Consent Report shall be the subject of one motion. 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.

1.

Encroachment Agreement - 115 Lower Union Street

(The Report of the Commissioner, Growth & Development Services (24-164)) 

• That Council direct the Mayor and City Clerk to execute an encroachment agreement, in a form satisfactory to the Director of Legal Services, with the owners of 115 Lower Union Street for the encroachment of the foundation and the eaves from the property at 115 Lower Union Street onto the City property at 113 Lower Union Street.

2.

Notice of Objection to Heritage Designation –995 Sydenham Road

(See By-Law Number (1), 2024-235)

(The Report of the Commissioner, Community Services (24-158))

• That Council acknowledges receipt of the Notice of Objection from Jackie Blakney and Brent Wilson dated March 11, 2024 to the proposed designation of the property located at 995 Sydenham Road 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), have decided not to withdraw the Notice to Intention to Designate the property; and

  
  That Council give all three readings to the amended Designation By-Law for 995 Sydenham Road, attached as Exhibit B to Report Number 24-158, and direct the City Clerk to serve a Notice of Passing as prescribed under Section 29(8) of the Act.
  
  
  

14.

Report Number 56: Received from the Chief Administrative Officer (Recommend)

1.

Fines for Food Update

(The Report of the Commissioner, Community Services (24-165))

• That Council endorse the 2024 Fines for Food distribution plan with contributions to seven community agencies for food hampers and emergency pantry items.

2.

Welcoming Streets Program Update & Extension

(The Report of the Commissioner, Community Services (24-105))

• That Council authorize the Mayor and Clerk to enter into amended agreements with Addiction & Mental Health Services - KFL&A and the Downtown Kingston Business Improvement Area to continue the downtown focused pilot street outreach program between July 1, 2024 to December 31, 2024 in a form satisfactory to the Director of Legal Services; and

  That Council approve a monthly funding allocation of up to $10,417 per agency for the duration of the extension and to be funded from the Homelessness Prevention Program and the approved 2024 Housing and Social Services operating budget; and

  That Council direct staff to return to Council by the end of Q4 2024 with an update on all Street Outreach Services and associated recommendations for funding for these services moving forward.

15.

Report Number 57: Received from the Planning Committee

All items listed on this Committee Report shall be the subject of one motion. Any member may ask for any item(s) included in the Committee Report to be separated from that motion, whereupon the Report of the Committee without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter.

1.

Zoning By-Law Amendment – 101, 87, 71, and 69 Union Street; 28 Division Street; 284 Earl Street, 174 and 176 University Avenue; 135, 137, and 139 Alfred Street

(See By-Law Number (2), 024-236)

(Exhibit A to Report Number PC-24-029)

• That the application for a zoning By-Law amendment (File Number D14-002-2024) submitted by Fotenn Consultants Inc., on behalf of Queen’s University, for the property municipally known as 101, 87, 71, and 69 Union Street; 28 Division Street; 284 Earl Street, 174 and 176 University Avenue; 135, 137, and 139 Alfred 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-24-029; 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.

2.

Official Plan & Zoning By-Law Amendment – 2312 Princess Street

(Exhibit A and Exhibit B to Report Number PC-24-010)

• That the following recommendation in Report Number PC-24-010, Official Plan & Zoning By-Law Amendment – 2312 Princess Street, be referred back to Planning Committee for consideration at a Planning Committee meeting not later than the end of Q3 2024:

  That the applications for Official Plan and zoning By-Law amendments (File Number D35-004-2022) submitted by Patry Inc., on behalf of 976653 Ontario Inc., for the property municipally known as 2312 Princess Street, be approved; and

  That the City of Kingston Official Plan, as amended, be further amended, Amendment Number 88, as per Exhibit A, (Draft By-Law and Schedule A to Amend the Official Plan) to Report Number PC-24-010; and

  That Kingston Zoning By-Law Number 2022-62, as amended, be further amended, as per Exhibit B (Draft By-Law and Schedule A and B to Amend Zoning By-Law Number 2022-62) to Report Number PC-24-010; 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; and

  That staff be directed to provide a supplementary report at a Planning Committee meeting not later than the end of Q3 2024, providing details the revised proposal.

16.

Report Number 58: Received from Kingston Heritage Properties Committee

All items listed on this Committee Report shall be the subject of one motion. Any member may ask for any item(s) included in the Committee Report to be separated from that motion, whereupon the Report of the Committee without the separated item(s) shall be put and the separated item(s) shall be considered immediately thereafter.

1.

Application for Ontario Heritage Act Approval – 3867 Smith Road, as amended by Kingston Heritage Properties Committee on May 15, 2024

• That the Notice of Intention to Demolish at 3867 Smith Road be received subject to section 27(11) of the Ontario Heritage Act which provides for the requirement that the notice must include such plans and shall set out such information as the council may require prior to the final acceptance of the notice and the beginning of the 60 day notice period under section 27(9); and

  That prior to demolition the building will be photographed, measured and documented, with help from “Your Old Barn Study” in conjunction with Ontario Barn Preservation Group and the University of Guelph, or with help from a similar group; and

  That the building will be carefully deconstructed to preserve as much of the original materials as possible for future rebuilding on site or on another site, with the assistance of such groups as the Ontario Barn Preservation Group; and

  That upon the receipt and acceptance of the said documentation and the deconstruction plan to the satisfaction of Heritage Planning Staff under section 27(11), the notice shall be received and deconstruction under Section 27(9) may proceed by the owner in accordance with the plan.

2.

Notice of Intention to Designate under the Ontario Heritage Act

(Exhibit A and Exhibit B to Report Number HP-24-027)

• That Council direct staff to serve a Notice of Intention to Designate the property located at 163 Brock Street, known as the Dupuis 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-24-027; 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 163 Brock Street, attached as Exhibit B to Report Number HP-24-027, 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.

17.

Committee of the Whole

18.

Information Reports

1.

Better Homes Kingston Program - Year 2 Annual Update

The purpose of this report is to provide Council with the second-year annual report on the progress of the Better Homes Kingston program, providing an overview of the program’s development, financial commitments, and impact.

(The Report of the Commissioner, Growth & Development Services (24-155))

19.

Information Reports from Members of Council

20.

Miscellaneous Business

Miscellaneous Business Items are voted on as one motion.

1.

Designation of Event of Municipal Significance - Rip and Sip

(See Communication 16-460)

• Whereas at its April 16, 2024 meeting, Council designated the Rip and Sip Event, taking place at the PumpHouse Museum on May 17, 2024 as an event of municipal significance; and

  Whereas it is necessary to reschedule the event to July 12, 2024;

  Therefore Be It Resolved That as requested by Hannah Blaine, Museum Assistant, City of Kingston, Council designate the event, Rip and Sip, scheduled for Friday, July 12, 2024 at the PumpHouse Museum at 23 Ontario Street, Kingston, as an event of municipal significance, to which a Special Occasion Permit may be issued by the Alcohol and Gaming Commission of Ontario.

2.

Lacrosse Day in the City of Kingston

(See Communication 16-470)

• That as requested by Sarah Utting, Kingston Lacrosse Association, City Council proclaim September 26, 2024 to be “Lacrosse Day” in the City of Kingston.

21.

New Motions

1.

309 Queen Mary Road

Moved by Councillor M^cLaren

Seconded by Councillor Osanic

• Whereas Kingston is in a family health care crisis with a community that will have upwards of 53,000 residents unattached to family care physicians by 2026, and

  Whereas too may Kingston residents are despairing in endless queues as they seek a doctor for themselves and their loved ones, and

  Whereas the Federal government just committed and additional $3.1 billion to Ontario to increase access to doctors, and the province committed to the right care in the right place, faster care, and hiring more healthcare workers, and Queen’s University set up a special selection process and campus to educate and train more family doctors, now it is Kingston’s turn to contribute to solving the crisis, and

  Whereas in this time of crisis Kingston needs to be visionary and innovative in order to attract and retain sufficient family doctors and health care professionals to adequately serve our community, and

  Whereas a one-stop shop for family medicine, diagnostic clinics, and other health-related services will increase accessibility, treatment, and the health of many tens of thousands of people in Kingston, and

  Whereas 309 Queen Mary Road offers an opportunity for new, unique, transformational models that will provide scope for family care teams, ancillary, and allied professionals to serve tens of thousands in our community through models that were unavailable and unknown when Council passed our Strategic Plan;

  Therefore Be It Resolved That the City of Kingston purchase 309 Queen Mary Road to be wholly transformed into a family medicine and diagnostic center with ancillary and allied health professionals capable of serving residents without a family doctor, and

  That the strategic plan target of 480 affordable and supportive housing units by 2026 in section 1.3.2 be lowered to 307 (in line with Housing Accelerator Fund requirements), and a new target of providing space for family health services by 2026 be added to section 4.3.1 of the Strategic Plan 2023-2026, and

  That Council amend the 2023 capital budget to reduce the affordable housing capital budget from $10.0 million to $3.5 million and return $6.5 million to the Municipal Capital Reserve Fund, and

  That Council approve a budget of up to $10.0 million, with funding from the Municipal Capital Reserve Fund.

22.

Notices of Motion

23.

Minutes

Distributed to all Members of Council on May 31, 2024.

• That the Minutes of City Council Meeting Number 15-2024, held Tuesday, May 21, 2024 be confirmed.

24.

Tabling of Documents

2024-26 Cataraqui Region Conservation Authority Full Authority Board Hearing Agenda – May 29, 2024 at 6:45 p.m. in a hybrid format
(Distributed to all members of Council on May 23, 2024)

2024-27 Cataraqui Region Conservation Authority Full Authority Board Agenda – May 29, 2024 at 6:45 p.m. in a hybrid format
(Distributed to all members of Council on May 23, 2024)

2024-28 Kingston Frontenac Public Library Board Minutes from meeting 2024-03. The meeting was held April 24, 2024 at 5:00 pm.
(Distributed to all members of Council on May 28, 2024)

25.

Communications

Communications received by Council from May 14 to May 28, 2024

26.

Other Business

27.

By-Laws

• That By-Laws (1) through (4), (6), and (7) be given their first and second reading.

• That By-Laws (1) through (5), and (7) be given their third reading.

1.

995 Sydenham Road - Ontario Heritage Act

A By-Law to Designate the property at 995 Sydenham Road to be of Cultural Heritage Value and Interest pursuant to the Ontario Heritage Act

Three Readings

Proposed Number 2024-235

(Clause 2, Report Number 55)

2.

101, 87, 71, and 69 Union Street; 28 Division Street; 84 Earl Street; 174 and 176 University Avenue; 135, 137 and 139 Alfred Street - Kingston Zoning By-Law

A By-Law to Amend By-Law Number 2022-62, “Kingston Zoning By-Law Number2022-62” (Transfer of Lands into Kingston Zoning By-Law, Zone Change to ‘IN2’,and Introduction of Exception Numbers E163 and E164, (101, 87, 71, and 69Union Street; 28 Division Street; 84 Earl Street; 174 and 176 University Avenue;135, 137 and 139 Alfred Street))

Three Readings

Proposed Number 2024-236

(Clause 1, Report Number 57)

3.

2312 Princess Street - Amendment to Official Plan

A By-Law to Amend The City of Kingston Official Plan (Amendment Number 88,2312 Princess Street)

Three Readings

Proposed Number 2024-237

(Clause 2, Report Number 57)

4.

2312 Princess Street - Removal of Holding Overlay

A By-Law to Amend By-Law Number 2022-62, “The Kingston Zoning By-Law”(Transfer of Lands into Kingston Zoning By-Law, Introduction of Exception Numbers E139 and E140, and removal of Holding Overlay H180 (2312 Princess Street))

Three Readings

Proposed Number 2024-238

(Clause 2, Report Number 57)

5.

595 Bagot Street - Municipal Capital Facility Agreement

A By-Law to Authorize an Agreement for the Provision of a Municipal Capital Facility on 595 Bagot Street, Kingston, Ontario

Third Reading

Proposed Number 2024-221

(Clause 2, Report Number 53, May 21)

6.

A By-Law to Regulate Traffic

A By-Law to Amend City of Kingston By-Law Number 2003-209, “A By-Law to Regulate Traffic”

First and Second Reading

Proposed Number 2024-239

(Delegated Authority)

7.

Confirmation By-Law

A By-Law to confirm the proceedings of Council at its meeting held on Tuesday, June 4, 2024

Three Readings

Proposed Number 2024-240

(City Council Meeting Number 16-2024)

28.

Adjournment

• That Council do now adjourn.