City Council Meeting No Addeds Tuesday, March 19, 2013 MOTIONS OF CONGRATULATIONS, RECOGNITION, SYMPATHY, CONDOLENCES AND SPEEDY RECOVERY

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1 City Council Meeting No Addeds Tuesday, March 19, 2013 MOTIONS OF CONGRATULATIONS, RECOGNITION, SYMPATHY, CONDOLENCES AND SPEEDY RECOVERY Page 1 The consent of Council is requested for the addition of the following motions: Motion of Congratulations (2) Moved by Mayor Gerretsen Seconded by Deputy Mayor Hector THAT the congratulations of Kingston City Council be extended to Darren Dalgleish and the entire team at the St. Lawrence Parks Commission on receiving recognition from Festivals & Events Ontario. Upper Canada Village s Pumpkinferno was recognized as Ontario s Best New Event, and Alight at Night as well as Fort Henry s Sunset Ceremonies were named in the Top 100 Events in Ontario. (3) Moved by Councillor Berg Seconded by Councillor Paterson THAT the congratulations of Kingston City Council be extended to the K-Rock Centre team for completing their busiest month ever. February 2013 set new records for attendance, welcoming 95,000 patrons over 24 events in 28 calendar days. Great work! Motion of Condolence (1) Moved by Mayor Gerretsen Seconded by Deputy Mayor Hector THAT the condolences of Kingston City Council be extended to the family and friends of Ernie Cobb, who passed away recently. Ernie worked for the City of Kingston in the Planning and Development Department as a dedicated employee for more than thirtyfive years. He will be greatly missed by his co-workers. Our thoughts are with his family during this difficult time. REPORTS (CONTINUED) REPORT NO. 50: RECEIVED FROM THE PLANNING COMMITTEE At the request of the applicant, the consent of Council is requested for the withdrawal of the following recommendation: 1) Application for Official Plan Amendment and Zoning By-Law Amendment 1233 Midland Avenue

2 City Council Meeting No Addeds Tuesday, March 19, 2013 Page 2 THAT the applications for Official Plan Amendment and Zoning By-Law Amendment (Our Files No. D and D ) submitted by JEA Development Group LLC for the property located at 1233 Midland Avenue, BE APPROVED; and THAT the City of Kingston Official Plan be amended as follows: 1. The City of Kingston Official Plan, as amended, is hereby further amended by the following map change which shall constitute Amendment No. 20 to the City of Kingston Official Plan: a) AMEND Schedule 3-A, Land Use of the City of Kingston Official Plan, so as to re-designate a portion of the property located on the west side of Midland Avenue, north side of Cataraqui Woods Drive, as shown on Schedule A to By-Law No , from Arterial Commercial to Institutional ; and THAT the Official Plan Amendment By-Law be presented to City Council for all three readings; and THAT the former Township of Kingston Zoning By-Law No , as amended, be further amended as follows: 1. Map 3 of Schedule A, as amended, is hereby further amended by changing the zone symbol of the subject site from Development Zone D to Institutional Zone I as shown on Schedule A attached to and forming part of By-Law No ; and THAT the Zoning By-Law Amendment By-Law be presented to City Council for all three readings. (See By-Law No. (4), ) WITHDRAWN (See By-Law No. (5), ) WITHDRAWN (See Communication No ) COMMUNICATIONS The consent of Council is requested for the addition of the following Communications: Referred to All Members of Council From Greg Elmore, Project Manager, Daniel Roach Architect, informing Council that the Kingston Alzheimer s Special Care Center project will not be going forward on 732 Cataraqui Woods Drive, and that they are withdrawing their applications. (File No. CSU-D ) (Distributed to all Members of Council on March 14, 2013

3 City Council Meeting No Addeds Tuesday, March 19, 2013 Page From Association of Municipalities Ontario (AMO), providing Council with information on proposed improvements to Interest Arbitration. (File No. CSU-L ) From Dan Murray, Immigration Watch Canada, providing Council with their latest bulletin: An Expatriate s View of U.S. Illegal Immigration. (File No. CSU-R ) From Jason Kelly, Chair, Rideau Heritage Route Tourism Association, providing Council with their letter to the Honourable Peter Kent, P.C., M.P., regarding Rideau Canal & Waterway. (File No. CSU-D ) From Anne MacPhail, Public Health Nurse, Adult Health Team, Chair, Kingston Coalition for Active Transportation (KCAT), informing Council of the Complete Streets May 27 Forum, Transportation Conference and the Ontario Bike Summit May 28 and 29 in Toronto. (File No. CSU-A ) From Glen Wood, Board Chair, Providence Care, expressing to Council their concern about the spread of misinformation about the new hospital project, and providing some clarification about the project. (File No. CSU-S ) From Timothy J. Wilkin, Cunningham Swan Lawyers, providing Council with a Notice of Objection to Notice of Intention to Pass a By-law to Designate 927 Purdy s Mill Road & 1080 Sydenham Road, also known as the Cataraqui Cemetery. (File No. CSU-R ) From Complete Streets Forum, providing Council additional information of the sixth annual Transportation Conference on May 27, (File No. CSU-A ) (Distributed to all Members of Council on March 19, From Ross Sutherland, Keep Our Hospitals Public Campaign Manager, writing to Council in regards to keeping our hospitals public. (File No. CSU-S ) (Distributed to all Members of Council on March 19, 2013

4 City Council Meeting No Addeds Tuesday, March 19, 2013 Page 4 Referred to City Clerk From Tony Gargaro, Boys and Girls Club of Kingston & Area, asking that Council proclaim March 28 30, 2013 Kids for Kids Hockey Tournament in the City of Kingston. (File No. CSU-M ) BY-LAWS The consent of Council is requested for the withdrawal of By-Laws No. (4) and (5) and the addition of By-Laws (8) through (11). (4) A By-Law To Amend The Official Plan For The City Of Kingston Planning Area (Amendment No. 20, 1233 Midland Avenue) THREE READINGS PROPOSED NO (See Clause (1), Report No. 50) (See Communication No ) (5) A By-Law To Amend By-Law No , A By-Law To Regulate The Use Of Lands And The Character, Location And Use Of Buildings And Structures In The Township Of Kingston (Zone Change From Development Zone D To Institutional Zone I, 1233 Midland Avenue) THREE READINGS PROPOSED NO (See Clause (1), Report No. 50) (See Communication No ) (8) A By-Law To Enact A Heritage Conservation Easement Over Lands Located At 610 Montreal Street, Pursuant To The Provisions Of The Ontario Heritage Act (R.S.O. 1990, 0.18) FIRST AND SECOND READINGS PROPOSED NO (See Clause (5), Report No. 51) (Draft by-law is attached to the Addeds as Schedule Pages 1 & 2) (9) A By-Law To Repeal By-Law No A By-Law Implementing The Market Square Heritage Conservation District Plan And Designating The Market Square Area Of The City Of Kingston As A Heritage Conservation District FIRST AND SECOND READINGS PROPOSED NO (See Clause (6), Report No. 51) (Draft by-law is attached to the Addeds as Schedule Page 3)

5 City Council Meeting No Addeds Tuesday, March 19, 2013 Page 5 (10) A By-Law To Designate And Adopt The Market Square Heritage Conservation District Plan, 2013, Pursuant To The Provisions Of The Ontario Heritage Act (R.S.O. 1990, 0.18) FIRST AND SECOND READINGS PROPOSED NO (See Clause (6), Report No. 51) (Draft by-law is attached to the Addeds as Schedule Pages 4 & 5) (11) A By-Law To Amend By-Law No A By-Law To Establish Fees And Charges To Be Collected By The Corporation Of The City Of Kingston. FIRST AND SECOND READINGS PROPOSED NO (See Clause (6), Report No. 51) (Draft by-law is attached to the Addeds as Schedule Page 6)

6 BY-LAW NO xxxx EXHIBIT A Clause Report No A BY-LAW TO ENACT A HERITAGE CONSERVATION EASEMENT OVER LANDS LOCATED AT 610 MONTREAL STREET, PURSUANT TO THE PROVISIONS OF THE ONTARIO HERITAGE ACT (R.S.O. 1990, 0.18) PASSED:, 2013 WHEREAS the Corporation of the City of Kingston is the registered owner of certain lands and premises located in Part Lot 196 and all of Lot 198, Plan C22 being Parts 2 and 4 of Reference Plan 13R-20613and known municipally as 610 Montreal Street, City of Kingston, County of Frontenac, Province of Ontario; AND WHEREAS the provisions of the Ontario Heritage Act, R.S.O. 1990, c.o.18 is to support, encourage and facilitate the conservation, protection and preservation of the heritage of Ontario; AND WHEREAS in accordance with Section 37 (1) of the Ontario Heritage Act, R.S.O, 1990, c.o.18, the City is entitled to enter into agreements, covenants and easements with owners of real property or interests therein, for the conservation, protection and preservation of the heritage of Ontario; AND WHEREAS by Sections 37(2) and 37(3) of the Ontario Heritage Act, R.S.O. 1990, c.o.18, such covenants and easements entered into by the City, when registered in the proper Land Registry Office against the real property affected by them, shall run with the real property and may, whether positive or negative in nature, be enforced by the City or its assignee against any subsequent owners of the real property even where the City owns no other land which would be accommodated or benefitted by such covenants and easements; AND WHEREAS the Owner and the City desire to conserve the present historical, architectural and scenic character and condition of the exterior of the building on the Property as described hereto; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. That staff be directed to register a heritage conservation easement, as attached hereto as Appendix A, against on the property known as the former Depot School, located in Part Lot 196 and all of Lot 198, Plan C22 being Parts 2 and 4 of Reference Plan 13R and known municipally as 610 Montreal Street, City of Kingston, County of Frontenac, Province of Ontario; 2. That the Director of Legal Services be directed to execute any documents as may be required to give effect to the registration against the property affected in the proper land registry office; and Council Meeting 8 March 19,

7 By-Law No Page 2 of 2 3. This By-Law shall come into force and take effect on the date of its passing. GIVEN FIRST AND SECOND READINGS GIVEN THIRD READING AND FINALLY PASSED John Bolognone CITY CLERK Mark Gerretsen MAYOR Council Meeting 8 March 19,

8 Exhibit A Repeal By-law Report No. MHC BY-LAW NO xxxx A BY-LAW TO REPEAL BY-LAW NO A BY-LAW IMPLEMENTING THE MARKET SQUARE HERITAGE CONSERVATION DISTRICT PLAN AND DESIGNATING THE MARKET SQUARE AREA OF THE CITY OF KINGSTON AS A HERITAGE CONSERVATION DISTRICT PASSED:, 2013 WHEREAS it is Council s intent to replace and re-designate the Market Square area as a Heritage Conservation District and adopt a new heritage conservation district plan, pursuant to Sections 41 and 41.1(2) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and WHEREAS Council has consulted with its Municipal Heritage Committee regarding the passing of this By-law. THEREFORE, the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. To repeal By-law No , A By-law Implementing the Market Square Heritage Conservation District Plan and Designating the Market Square Area of the City of Kingston as a Heritage Conservation District ; 2. This By-Law shall come into force and take effect on the date of its passing. GIVEN FIRST AND SECOND READINGS GIVEN THIRD READING AND FINALLY PASSED CITY CLERK MAYOR Council Meeting 8 March 19,

9 Exhibit B Adoption By-law Report No. MHC BY-LAW NO xxxx A BY-LAW TO DESIGNATE AND ADOPT THE MARKET SQUARE HERITAGE CONSERVATION DISTRICT PLAN, 2013, PURSUANT TO THE PROVISIONS OF THE ONTARIO HERITAGE ACT (R.S.O. 1990, 0.18) PASSED:, 2013 WHEREAS Section 41 of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 authorizes the Council of a Municipality to enact By-Laws to designate a defined area, including all buildings and structures thereon, to be a heritage conservation district; and WHEREAS Section 41.1(2) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 authorizes the Council of a Municipality to enact By-Laws to adopt a heritage conservation district plan for an existing designated heritage conservation district; and WHEREAS the Council, as required by Section 41.1(6) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18, has made available to the public the Market Square Heritage Conservation District Plan, 2013 and held two public meeting; and WHEREAS Council has consulted with its Municipal Heritage Committee; THEREFORE, the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. The Market Square area, the boundaries of which are defined on Schedule B attached hereto and forming part of this By-law, is designated as a Heritage Conservation District pursuant to Part V, Section 41 of the Ontario Heritage Act; 2. The Market Square Heritage Conservation District Plan, 2013, attached hereto as Schedule A and forming part of this By-law, is hereby adopted as the heritage conservation district plan pursuant to Part V, Section 41.1(2) of the Ontario Heritage Act; 3. A copy of this by-law shall be registered against each property affected in the proper land registry office. The City Clerk is hereby authorized to cause a copy of this by-law to be served on the owners of the land defined in Schedule B hereto and on the Ontario Heritage Trust and to cause notice of the passage of this bylaw to be published in the Kingston Whig-Standard; 4. For the purpose of interpretation the term Maintenance will include the following: Maintenance is considered means routine, cyclical, non-destructive actions, necessary to slow the deterioration of Protected Heritage Properties, including the following: periodical inspection, property cleanup; gardening and repair of landscape features; replacement of glass in broken windows, minor exterior Council Meeting 8 March 19,

10 By-Law No repairs, including replacement of individual asphalt shingles where there is little or no change in colour or design; repainting where there is little or no change in colour; re-pointing areas of wall space under 1.5 square metres; caulking and weatherproofing; and any other work defined as Maintenance in an individual designation by-law, or in a Heritage Conservation District Plan. 5. The City reserves the right to install a designated property plaque or interpretive panel; and 6. This By-Law shall come into force and take effect on the date of its passing. GIVEN FIRST AND SECOND READINGS GIVEN THIRD READING AND FINALLY PASSED CITY CLERK MAYOR Council Meeting 8 March 19,

11 EXHIBIT A Report No. EITP BY-LAW NO XXX A BY-LAW TO AMEND BY-LAW NO A BY-LAW TO ESTABLISH FEES AND CHARGES TO BE COLLECTED BY THE CORPORATION OF THE CITY OF KINGSTON. PASSED:, 2013 The Council of the Corporation of the City of Kingston enacts as follows: 1. By-law , entitled A By-Law to Establish Fees and Charges to be collected by the Corporation of the City of Kingston, as amended, is hereby further amended as follows: 1.1 AMEND attached Schedule A Transit and Parking to reflect the new rates as per Report No. EITP GIVEN FIRST AND SECOND READINGS, 2013 GIVEN THIRD READING AND PASSED, 2013 CITY CLERK MAYOR Council Meeting 19 8 March 19,