Regular Council Meeting

That the Closed Session agenda be adopted as circulated.

That Council convene into closed session at 1:30 p.m. in order to consider matters on the Tuesday, September 25, 2018 Closed Session Agenda and that are permitted to be discussed in a session closed to the public pursuant to Section 239(2) of the Municipal Act, S.O. 2001. S.25.

That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, September 25, 2018, be adopted as circulated and with the following amendments: Additions - Deputations Item 10.8 Removal of Soil, Placement of Fill, Alteration of Grade By-Law (Report MLE2018-007, Items 11.1.4 and 15.1.73 on the Agenda) Ron Reid, Couchiching Conservancy; Items 10.9, 10.10 and 10.11 regarding PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022 , (Items 12.1 and 15.1.71 on the Agenda) Terry and Dianne Becking Penny Knapp Suzanne Alden and Scott Sommerville Additions - Consent Correspondence Items 11.2.8, 11.2.9 and 11.2.10 relating to PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022 , (Items 12.1 and 15.1.71 on the Agenda) Terry and Dianne Becking Penny Knapp Suzanne Alden and Scott Sommerville By-laws by Consent 15.1.58 - The by-law attached as Item 15.1.58 on the Agenda has been replaced with a revised version.

O'Reilly That staff be directed by Council to pursue the revisions relating to the Fenelon Falls Secondary Plan identified in Report PLAN2018-039 through the LPAT proceedings.

That the following individuals be appointed to the Compliance Audit Committee for the Term of 2018-2022: Patricia Wakelin Greer Thornbury James Ayres Robert Stewart June Widdis; and That a by-law be brought forward prior to October 1 st , 2018 adopting the Terms of Reference and authorizing the Committee Members’ appointments to the Compliance Audit Committee.

That the Minutes of the August 14, 2018 Regular and September 18, 2018 Special Council Information Meetings, be received and adopted.

That the deputation of Paul Brown, regarding Drainage Task Force Recommendations, (Report ENG2018-018, Item 11.1.21 on the Agenda), be received.

That the deputation of Richard Weston, regarding the Petition Re By-law to Regulate the Discharge of Firearms, (Item 13.1 on the Agenda), be received.

That the deputation of Morley Bradburn, regarding Appeal of Land Management Committee Decision - Plan 100, Lot 6, North Louisa Street, Fenelon Falls , (Item 11.2.4 on the Agenda), be received.

That the deputation of James Blair, regarding PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022 , (Items 12.1 and 15.1.71 on the Agenda), be received.

That the deputation of Ken Smith of D.M. Wills Associates Limited, regarding Full Road Closure and Request for Noise By-law Exemption , (Item 11.2.5 on the Agenda), be received.

That the presentation by Leisha Newton, Economic Development Officer, regarding Downtown Revitalization Update Presentation and 2017 OMAFRA Downtown Revitalization Report Cards , (Report ED2018-011, Item 11.1.13 on the Agenda), be received.

That the deputation of Ron Reid of Couchiching Conservancy regarding Removal of Soil, Placement of Fill, Alteration of Grade By-Law , Report MLE2018-007, Items 11.1.4 and 15.1.73 on the Agenda), be received.

That the deputation of Suzanne Alden regarding PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022 , (Items 12.1 and 15.1.71 on the Agenda), be received.

That all of the proposed resolutions shown in Section 11.1 and 11.2 of the Agenda be approved and adopted by Council in the order that they appear on the agenda and sequentially numbered, save and except Items 11.1.2, 11.1.4, 11.1.9, 11.1.26 and Item 11.2.2.

That Report CLK2018-010, Repeal of Tag Day By-law , be received; That staff be directed to bring forward a by-law to repeal and replace By-law 2001-53, being a By-law to Fix Days for Solicitation of Monetary Contributions by Persons and Organizations in Charitable or Patriotic Work that will be include additional requirements to mitigate risk as identified in Report CLK2018-010.

That Report CLK2018-010, Repeal of Tag Day By-law , be received; That the solicitation of monetary contributions, known as Tagging, be prohibited at City Parks and Facilities; and That a by-law to repeal By-law 2001-53, being a By-law to Fix Days for Solicitation of Monetary Contributions by Persons and Organizations in Charitable or Patriotic Work, be brought forward for adoption.

That Report MLE2018-007, Removal of Soil, Placement of Fill, Alteration of Grade By-Law , be received; That a by-law Regulating the Removal of Soil, Placement of Fill, Alteration of Grade attached as Schedule B to this Report MLE2018-007, be forwarded to Council for adoption with the following amendments to Sections 3.1 and 3.3: 3.1 The provisions of this By-law do not apply to the removal of Soil, as an incidental part of a Normal Agricultural Practice as defined by the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended, on Agricultural Lands as part of an Agricultural Operation; 3.3. The removal of Topsoil on Agricultural Lands incidental to a Normal Agricultural Practice including but not limited to removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products or other agricultural activities as per the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended. This exception does not include the removal of Topsoil for sale, exchange or other disposition; And; That By-law 2012-200 a By-law Regulating the Removal of Topsoil, Placement of Fill and the Alteration of Grades be repealed. Recorded (Voted)

That the revised by-law Regulating the Removal of Soil, Placement of Fill, Alteration of Grade attached as Schedule B to this Report MLE2018-007, as amended, be

That Report CORP2018-015, Council Computer Systems Policy , be received.

That Report WWW2018-008, Water Wastewater Service Connection Strategy , be received; and That staff be directed to prepare the necessary amendments to By-Law 2014-255, A By-Law to Require Owners of Buildings to Connect Such Buildings to Drinking Water Systems and/or Wastewater Collection Systems in the City of Kawartha Lakes, to require property owners who meet requirements of mandatory connection process to connect to available municipal water and/or wastewater services upon failure of their private infrastructure.

That a revised Terms of Reference for the High Water Bills Appeal Committee, to include Mandatory Connection Appeals, be brought forward to Council by end of Q1 2019.

That the August 27, 2018 correspondence from Douglas Erlandson, Chair, Kawartha Lakes Municipal Airport Board, regarding Kawartha Lakes Municipal Airport – Governance Review , be received; and That the recommendations made in the Kawartha Lakes Municipal Airport Governance Review Report, attached to the August 27, 2018 correspondence from Chair Douglas Erlandson, be presented to the new Council through consideration of the revised terms of reference and appointments for the Kawartha Lakes Municipal Airport Board.

That Report 2018-011, Procedural By-law Amendments Update , be received; That the updates to the Procedural By-law identified in Appendix A to Report CLK2018-011, be approved; and That the necessary by-law to repeal and replace By-law 2014-266 be brought forward for adoption.

That Report RS2018-028, Parkland and Greenspace Surplus Property Update , be received; and That Resolution CR2013-848 be amended to remove the property legally described as BLK B PL 399 EXCEPT PT 1, 57R4954; PT BLK C PL 399 PT 2, 57R4954; PT RDAL BTN LT 15 AND LT 16 CON 4 SOMERVILLE CLOSED BY R268518, PT 3, 57R4954; KAWARTHA LAKES, being PIN: 63119-0568 (LT) (Roll Number: 1651 310 020 42400) from the list of properties in Appendix B to Report LM2013-009.

That Resolution CR2014-101 be amended to remove the following properties from the list of properties to be sold: LT 33 PL 282 S/T VT91877; KAWARTHA LAKES PIN: 63171-0144 (LT) Roll Number: 1651 160 050 32900 LT 21 PL 333; KAWARTHA LAKES PIN: 63171-0379 (LT) Roll Number: 1651 160 050 38000 LT 31 PL 333; KAWARTHA LAKES PIN: 63171-0390 (LT) Roll Number: 1651 160 050 39000 LT 8 PL 273; PT LT 20 CON N PORTAGE RD ELDON AS IN KL12166; CITY OF KAWARTHA LAKES PIN: 63169-0271 (LT) and PIN: 63169-0432 (LT) Roll Number: 1651 160 050 73600 LT 10 PL 317; KAWARTHA LAKES PIN: 63169-0328 (LT) Roll Number: 1651 160 050 75800 LT 19 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76700 LT 20 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76800 BLK A PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0380 (LT) Roll Number: 1651 160 050 81400 BLK B PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0372 (LT) Roll Number: 1651 160 050 82200 BLK A, B PL 523; KAWARTHA LAKES PIN: 63146-0359 (LT) Roll Number: 1651 210 030 58204 PT FIRST ST PL 190 AS IN F14300 (SECONDLY); KAWARTHA LAKES PIN: 63160-0413 (LT) Roll Number: 1651 210 040 67801.

That Resolution CR2015-1164 be amended to remove the property legally described as LT 4 PL 266; PT SHORE RDAL LAXTON ALONG HEAD LAKE IN FRONT OF LT 12 & 13 CON 5 CLOSED BY R168362 BTN PT 6 & 7 57R3557; KAWARTHA LAKES, being PIN: 63273-0108 (LT) (Roll Number: 1651 420 002 22300) from the list of properties to be sold.

That Resolution CR2016-755 be amended to remove the property legally described as Part of LT 1-2 PL 17 MANVERS; PT LT 12 CON 3 MANVERS AS IN MVB14168; KAWARTHA LAKES, being Part of PIN: 63269-0356 (LT) (Part of Roll Number: 1651 008 010 09701) from the list of properties to be sold.

That the surplus declaration of the following properties be rescinded: BLK B PL 399 EXCEPT PT 1, 57R4954; PT BLK C PL 399 PT 2, 57R4954; PT RDAL BTN LT 15 AND LT 16 CON 4 SOMERVILLE CLOSED BY R268518, PT 3, 57R4954; KAWARTHA LAKES PIN: 63119-0568 (LT) Roll Number: 1651 310 020 42400 LT 33 PL 282 S/T VT91877; KAWARTHA LAKES PIN: 63171-0144 (LT) Roll Number: 1651 160 050 32900 LT 21 PL 333; KAWARTHA LAKES PIN: 63171-0379 (LT) Roll Number: 1651 160 050 38000 LT 31 PL 333; KAWARTHA LAKES PIN: 63171-0390 (LT) Roll Number: 1651 160 050 39000 LT 8 PL 273; PT LT 20 CON N PORTAGE RD ELDON AS IN KL12166; CITY OF KAWARTHA LAKES PIN: 63169-0271 (LT) and PIN: 63169-0432 (LT) Roll Number: 1651 160 050 73600 LT 10 PL 317; KAWARTHA LAKES PIN: 63169-0328 (LT) Roll Number: 1651 160 050 75800 LT 19 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76700 LT 20 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76800 BLK A PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0380 (LT) Roll Number: 1651 160 050 81400 BLK B PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0372 (LT) Roll Number: 1651 160 050 82200 BLK A, B PL 523; KAWARTHA LAKES PIN: 63146-0359 (LT) Roll Number: 1651 210 030 58204 PT FIRST ST PL 190 AS IN F14300 (SECONDLY); KAWARTHA LAKES PIN: 63160-0413 (LT) Roll Number: 1651 210 040 67801 LT 4 PL 266; PT SHORE RDAL LAXTON ALONG HEAD LAKE IN FRONT OF LT 12 & 13 CON 5 CLOSED BY R168362 BTN PT 6 & 7 57R3557; KAWARTHA LAKES PIN: 63273-0108 (L

O'Reilly That Report PLAN2018-073, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville – Application D06-2018-022 , be received; and That Zoning By-law Amendment application D06-2018-022, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville and proposing to add an observation tower as a permitted use and amend the development standards for the observation tower, be

that Report PLAN2018-073, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville – Application D06-2018-022 , be received; and That Zoning By-law Amendment application D06-2018-022, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville and proposing to add an observation tower as a permitted use and amend the development standards for the observation tower, be denied. Recorded (Voted)

That the petition received from Richard Weston, regarding By-law 2005-329 A By-law to Regulate the Discharge of Firearms , be received and

That the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.73 be read a first, second and third time, passed, numbered, signed and the corporate seal attached, save and except Items 15.1.71 and 15.1.73.

That a By-law to Repeal and Replace By-law 2012-200, Being a By-law Regulating the Removal of Topsoil, Placement of Fill, and the Alteration of Grades, be read a first and second time.

That Schedule A to the by-law be amended by removing section 3.1 in its entirety and replacing it with: 3.1 The provisions of this By-law do not apply to the removal of Soil, as an incidental part of a Normal Agricultural Practice as defined by the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended, on Agricultural Lands as part of an Agricultural Operation; And; That Schedule A to the by-law be amended by removing section 3.3 in its entirety and replacing it with: 3.3. The removal of Topsoil on Agricultural Lands incidental to a Normal Agricultural Practice including but not limited to removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products or other agricultural activities as per the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended. This exception does not include the removal of Topsoil for sale, exchange or other disposition.

That a By-law to Repeal and Replace By-law 2012-200, Being a By-law Regulating the Removal of Topsoil, Placement of Fill, and the Alteration of Grades, as a amended, be read a third time, passed, numbered, signed and the corporate seal attached.

That a By-Law to Govern and Regulate the Proceedings of the Council of the City of Kawartha Lakes and to Repeal and Replace By-law 2014-266 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

That a By-law to Appoint Members to and Adopt Terms of Reference for the City of Kawartha Lakes Municipal Election Compliance Audit Committee, be read a first and second time.

That the following names be added to Section 2.01 of the by-law as appointees to the City of Kawartha Lakes Municipal Election Compliance Audit Committee for the Term of 2018-2022: Patricia Wakelin Greer Thornbury James Ayres Robert Stewart June Widdis

That a By-law to Appoint Members to and Adopt Terms of Reference for the City of Kawartha Lakes Municipal Election Compliance Audit Committee , as a amended, be read a third time, passed, numbered, signed and the corporate seal attached.

That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, September 25, 2018 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.

That the Council Meeting adjourn at 5:18 p.m.

That staff be directed by Council to pursue the revisions relating to the Fenelon Falls Secondary Plan identified in Report PLAN2018-039 through the LPAT proceedings.

That the following individuals be appointed to the Compliance Audit Committee for the Term of 2018-2022: 1. Patricia Wakelin 2. Greer Thornbury 3. James Ayres 4. Robert Stewart 5. June Widdis; and That a by-law be brought forward prior to October 1st, 2018 adopting the Terms of Reference and authorizing the Committee Members’ appointments to the Compliance Audit Committee.

That the deputation of Diane Becking regarding PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022, (Items 12.1 and 15.1.71 on the Agenda), be received.

That the deputation of Penny Knapp regarding PAC Recommendation PAC2018-038, Zoning By-law Amendment Application D06-2018-022, (Items 12.1 and 15.1.71 on the Agenda), be received.

That the Minutes of the September 12, 2018 Planning Advisory Committee Meeting be received and the recommendations be adopted, save and except Recommendation PAC2018-038.

That Report PLAN2018-073, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville – Application D06-2018-022, be received; and That Zoning By-law Amendment application D06-2018-022, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville and proposing to add an observation tower as a permitted use and amend the development standards for the observation tower, be

Recommend that Report PLAN2018-073, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville – Application D06-2018-022, be received; and That Zoning By-law Amendment application D06-2018-022, respecting Part of Lot 17, Concession C, Geographic Township of Mariposa, Alden and Sommerville and proposing to add an observation tower as a permitted use and amend the development standards for the observation tower, be denied. A recorded vote was requested by Councillor Stauble. Recorded

That Report MLE2018-007, Removal of Soil, Placement of Fill, Alteration of Grade By-Law, be received; That a by-law Regulating the Removal of Soil, Placement of Fill, Alteration of Grade attached as Schedule B to this Report MLE2018-007, be forwarded to Council for adoption with the following amendments to Sections 3.1 and 3.3: 3.1 The provisions of this By-law do not apply to the removal of Soil, as an incidental part of a Normal Agricultural Practice as defined by the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended, on Agricultural Lands as part of an Agricultural Operation; 3.3. The removal of Topsoil on Agricultural Lands incidental to a Normal Agricultural Practice including but not limited to removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products or other agricultural activities as per the Farming and Food Production Protection Act, S.O. 1998, C. 1, as amended. This exception does not include the removal of Topsoil for sale, exchange or other disposition; And; That By-law 2012-200 a By-law Regulating the Removal of Topsoil, Placement of Fill and the Alteration of Grades be repealed. A recorded vote was requested by Councillor Stauble. Recorded

That the policy entitled Council Computer Systems, attached as Appendix A to Report CORP2018-015, be adopted and numbered for inclusion in the City’s Policy Manual, replacing all predecessor versions.

That the surplus declaration of the following properties be rescinded: • BLK B PL 399 EXCEPT PT 1, 57R4954; PT BLK C PL 399 PT 2, 57R4954; PT RDAL BTN LT 15 AND LT 16 CON 4 SOMERVILLE CLOSED BY R268518, PT 3, 57R4954; KAWARTHA LAKES PIN: 63119-0568 (LT) Roll Number: 1651 310 020 42400 • LT 33 PL 282 S/T VT91877; KAWARTHA LAKES PIN: 63171-0144 (LT) Roll Number: 1651 160 050 32900 • LT 21 PL 333; KAWARTHA LAKES PIN: 63171-0379 (LT) Roll Number: 1651 160 050 38000 • LT 31 PL 333; KAWARTHA LAKES PIN: 63171-0390 (LT) Roll Number: 1651 160 050 39000 • LT 8 PL 273; PT LT 20 CON N PORTAGE RD ELDON AS IN KL12166; CITY OF KAWARTHA LAKES PIN: 63169-0271 (LT) and PIN: 63169-0432 (LT) Roll Number: 1651 160 050 73600 • LT 10 PL 317; KAWARTHA LAKES PIN: 63169-0328 (LT) Roll Number: 1651 160 050 75800 • LT 19 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76700 • LT 20 PL 317; KAWARTHA LAKES Part of PIN: 63169-0319 (LT) Roll Number: 1651 160 050 76800 • BLK A PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0380 (LT) Roll Number: 1651 160 050 81400 • BLK B PL 322 S/T A12547; KAWARTHA LAKES PIN: 63169-0372 (LT) Roll Number: 1651 160 050 82200 • BLK A, B PL 523; KAWARTHA LAKES PIN: 63146-0359 (LT) Roll Number: 1651 210 030 58204 • PT FIRST ST PL 190 AS IN F14300 (SECONDLY); KAWARTHA LAKES PIN: 63160-0413 (LT) Roll Number: 1651 210 040 67801 • LT 4 PL 266; PT SHORE RDAL LAXTON ALONG HEAD LAKE IN FRONT OF LT 12 & 13 CON 5 CLOSED BY R168362 BTN PT 6 & 7 57R3557; KAWARTH

That the following names be added to Section 2.01 of the by-law as appointees to the City of Kawartha Lakes Municipal Election Compliance Audit Committee for the Term of 2018-2022: 1. Patricia Wakelin 2. Greer Thornbury 3. James Ayres 4. Robert Stewart 5. June Widdis