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Regular Council Meeting
May 22, 2018
What was decided (36 motions)
34 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
That the Closed Session agenda be adopted as circulated.
Moved by Councillor Macklem, seconded by Councillor Strangway
Carried
That Council convene into closed session at 1:30 p.m. in order to consider matters on the Tuesday, May 22, 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.
Moved by Councillor James, seconded by Councillor Dunn
Carried
That Council waive the Procedural By-law to allow two (2) additional deputations to be added to the Agenda; and That the Agenda for the Open Session of the Regular Council Meeting of Tuesday, May 22, 2018, be adopted as circulated and with the following amendments: Additions - Deputations 10.7 An application to amend the Village of Omemee Zoning By-law 1993-15 (Foley) (Planning Recommendation PAC2018-024, Item 12.1 on the Agenda) Shannon Foley 10.8 Secondary Plans Appeals Update (Planning Recommendation PAC 2018-026, Item 12.1 on the Agenda)Heather Sadler Additions - Consent Correspondence 11.2.2 Parking Requirements - Re-development of 171-183 Kent Street West (Report PLAN2018-046, Item 11.1.2 on the Agenda) Shelly Peeken 11.2.3 An application to amend the Village of Omemee Zoning By-law 1993-15 (Foley) (Planning Recommendation PAC2018-024, Item 12.1 on the Agenda) Shannon Foley
Moved by Councillor Elmslie, seconded by Councillor Jilesen
Carried
That Larry Melnychuk be appointed as the City of Kawartha Lakes representative to the Ganaraska Forest Recreational User Committee for a term ending December 31, 2018.
Moved by Councillor Stauble, seconded by Councillor Martin
Carried
That the following members of the public be appointed to the Bobcaygeon Legacy C.H.E.S.T. Fund Grant Committee for the applicable term of office as stated: Gregg Mercer for a 3 year term ending December 31, 2020 Beth Gilroy for a 3 year term ending December 31, 2020; and Tim Young for a 3 year term ending December 31, 2020.
Moved by Councillor Junkin, seconded by Councillor Seymour-Fagan
Carried
That the acquisition of Part of Lot 18, Concession B, in the Geographic Township of Mariposa, City of Kawartha Lakes, being Part of PIN: 63196-0102 (LT) for road purposes, be approved; That staff be directed to commence the process of obtaining ownership of the required land, for the price of $5,000.00 and all related costs of the transaction, at the City's expense; That all costs associated with the transfer (estimated at $11,000.00) be drawn from the Property Development Reserve; That the Mayor and Clerk be authorized to execute any documents and agreements required by the approval of this decision; and That the necessary By-laws (to transfer title to the land and dedicate the transferred land as a road) be forwarded to Council for adoption.
Moved by Councillor Macklem, seconded by Councillor Miller
Carried
That the Minutes of the May 8, 2018 Regular Council Meeting and the May 15, 2018 Special Council Information Meeting, be received and adopted.
Moved by Councillor Strangway, seconded by Councillor Pollard
Carried
That the deputation of Jessica Wilson and Sara Walker-Howe, regarding the Olde Gaol Museum Lease - Victoria County Historical Society (Report CS2018-009, Item 11.1.1 on the Agenda), Victoria County Historical Society, be received.
Moved by Councillor Martin, seconded by Councillor Stauble
Carried
O'Reilly That the deputation of Joan Abernethy, regarding Olde Gaol Museum Lease - Victoria County Historical Society, (Report CS2018-009, Item 11.1.1 on the Agenda), be received.
Moved by Councillor Dunn
Carried
That the deputation of James Webster, regarding Proposed Surplus Declaration, Closure and Sale of Various Unopened Road Allowances Adjacent to 1684 Victoria Road, Bexley , (Report RS2018-014. Item 11.1.8 on the Agenda), be received.
Moved by Councillor Elmslie, seconded by Councillor Strangway
Carried
That the deputation of James Webster and Doug Carroll, regarding the Secondary Plans Appeals Update, (Planning Recommendation PAC 2018-026, Item 12.1 on the Agenda), be received.
Moved by Councillor Elmslie, seconded by Councillor Martin
Carried
That the presentation by CAO Taylor, regarding City's Strategic Plan 2017-2018 Progress Report , be received.
Moved by Councillor Pollard, seconded by Councillor Martin
Carried
That the deputation of Shannon Foley, regarding An application to amend the Village of Omemee Zoning By-law 1993-15 (Foley) (Planning Recommendation PAC2018-024, Item 12.1 on the Agenda), be received.
Moved by Councillor Junkin, seconded by Councillor Martin
Carried
That the deputation of Heather Sadler, regarding Secondary Plans Appeals Update, (Planning Recommendation PAC 2018-026, Item 12.1 on the Agenda), be received.
Moved by Councillor Dunn, seconded by Councillor Breadner
Carried
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 11.1.1, 11.1.2, 11.1.6, 11.1.9 and 11.1.11.
Moved by Councillor Stauble, seconded by Councillor Pollard
Carried
That Report CS2018-009, Olde Gaol Museum Lease – Victoria County Historical Society, be received; That the City provide interim relief to the Victoria County Historical Society by providing the payment of utility invoices (Hydro One and Water costs) associated with the Olde Gaol Museum, to the end of Q1 2019: and, That the Victoria County Historical Society report back to Council no later than the end of Q1 of 2019 with a Business Plan and Operating Model to guide the terms and conditions of a new lease agreement for the occupation of the Olde Gaol Museum.
Moved by Councillor Junkin, seconded by Councillor Stauble
Carried
That Report PLAN2018-046, Parking Requirements – Re-development of 171-183 Kent Street West , be received; That the report be
Moved by Councillor Dunn, seconded by Councillor Junkin
Referred
That Report PLAN2018-046, Parking Requirements – Re-development of 171-183 Kent Street West , be received; and That Council requires cash-in-lieu of parking for the re-development of 171-183 Kent Street West, Lindsay, in the sum of $76,362.64 as cash in lieu for 100 parking spaces.
Moved by Councillor Seymour-Fagan, seconded by Councillor Strangway
Carried
That staff be directed to meet with the Lindsay Downtown Business Improvement Area and bring a report back to Council regarding the financial information on the cost of parking in downtown Lindsay at the last meeting in June 2018.
Moved by Councillor Elmslie, seconded by Councillor Strangway
Carried
That Report EA2018-013, Terms of Reference for Development Charges Task Force , be received; That the terms of reference be amended to include a review of the commercial rate for development charges, including comparison with other comparable municipalities with a report back to Council on the results of the review and options to decrease commercial development charges; That the terms of reference, attached as Appendix A to Report EA2018-013, as amended, be adopted as the basis for a Development Charges Task Force; That public notice be provided in accordance with applicable policy to solicit applications from qualified persons for appointment to the Development Charges Task Force; and That a set of recommended appointments to the Development Charges Task Force be prepared in accordance with applicable policy and presented to Council to finalize establishment of this committee.
Moved by Councillor Dunn, seconded by Councillor Yeo
Carried
That Report RS2018-015, Surplus Declaration and Proposed Sale of City-Owned Property – Adjacent to 8 Francis Street East, Fenelon Falls , be received; That the City-owned property adjacent to 8 Francis Street East, and legally described as Part of Lot 2, S/S of Francis Street and E/S of Colborne Street, Plan 17, in the Geographic Township of Fenelon, designated as Part 1 on Plan 57R-4516, being PIN 63152-0093 (LT), be declared surplus to municipal needs; That the subject property be investigated and, if suitable, prepared and offered for direct sale to the adjacent landowner, pursuant to Instrument No. R256881, and in accordance with City of Kawartha Lakes By-Law 2018-020, as amended, and any current or future policies in place, and sold for no less than the appraised value plus any and all costs associated with the transaction; That all costs associated with investigating, preparing or marketing the property be taken from the Property Development Reserve; That the Manager of Realty Services or the CAO be permitted to negotiate the legal fees, appraisal costs, survey costs, Registry costs, and advertising costs with a potential purchaser of the subject property; That on completion of public notice, Council shall consider any deputation or public input in opposition of any sales, if any, and if appropriate, pass a by-law (with any amendments deemed necessary) to authorize the disposition; That the Manager of Realty Services or the CAO be permitted to fully execute all surplus
Moved by Councillor Junkin, seconded by Councillor Seymour-Fagan
Carried
That Report CORP2018-009, High Water Bill Adjustment Appeals Committee , be received; and That Councillor James, Councillor Veale and Councillor Breadner be appointed to the High Water Bill Adjustment Appeals Committee, in accordance with By-law 2018-039, for the remainder of this term of Council; That the Terms of Reference for the Committee be amended to include both High Water Bill Adjustment and Mandatory Connection Appeals; and That the necessary by-law amendments and revised terms of reference be brought forward to Council.
Moved by Councillor James, seconded by Councillor Yeo
Carried
That staff be directed to proceed with a licensing agreement to permit the gate posts at 782 Frank Hill Road to remain in their current location; That, alternatively, staff pursue the severance and sale of property to accommodate the current location of the gate posts at 782 Frank Hill Road; and That all legal fees and surveying costs related to the severance and sale of property be borne by the landowner with the sale price for the land set at $1.00 for 4 feet of land. Recorded (Voted)
Moved by Councillor Yeo, seconded by Councillor Breadner
Lost
That the May 15. 2018 memo from Director Robinson regarding a Request for Licence Agreement Regarding Gate Posts at 782 Frank Hill Road, be received.
Moved by Councillor Martin, seconded by Councillor Junkin
Carried
That the Terms of Reference for the Land Management Committee be brought to Council for review by end of July 2018.
Moved by Councillor Strangway, seconded by Councillor Yeo
Carried
That Report PLAN2018-039, Secondary Plans Appeals Update , be received; and That staff be directed by Council to pursue the revisions identified in Report PLAN2018-039 through the LPAT proceedings, save and except those relating to the Fenelon Falls Secondary Plan.
Moved by Councillor Elmslie, seconded by Councillor Strangway
Carried
O'Reilly That regarding the Fenelon Falls Secondary Plan, staff be directed to meet with the principals and their delegates for Black Bear Estates Inc. and Fenelon Trails Inc. to discuss and review the agreement with the Ministry of Municipal Affairs and Housing regarding the settlement areas and their boundaries; and That staff report back to Council at the July 17, 2018 Regular Council Meeting on the results of these meetings.
Moved by Councillor Elmslie
Carried
That the presentation by Anna Kalnina, Planner II, regarding Bill 139 and the Local Planning Appeal Tribunal Presentation , be received
Moved by Councillor Stauble, seconded by Councillor Pollard
Carried
That the By-Laws shown in Section 15.1 of the Agenda, namely: Items 15.1.1 to and including 15.1.7 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor Macklem, seconded by Councillor Dunn
Carried
That the Council Meeting adjourn at 4:45 p.m.
Moved by Councillor Breadner, seconded by Councillor Macklem
Carried
Regular Council Meeting May 22, 2018 Page 8 of 26 That the deputation of Joan Abernethy, regarding Olde Gaol Museum Lease - Victoria County Historical Society, (Report CS2018-009, Item 11.1.1 on the Agenda), be received.
Moved by Councillor Dunn, seconded by Councillor O'Reilly
Carried
That the deputation of Marco Pietrangelo of APG Kent Properties Corp, regarding Parking Requirements – Re-development of 171-183 Kent Street West, (Report PLAN2018-046, Item 11.1.2 on the Agenda), be received.
Moved by Councillor O'Reilly, seconded by Councillor Yeo
Carried
That Report RS2018-015, Surplus Declaration and Proposed Sale of City- Owned Property – Adjacent to 8 Francis Street East, Fenelon Falls, be received; That the City-owned property adjacent to 8 Francis Street East, and legally described as Part of Lot 2, S/S of Francis Street and E/S of Colborne Street, Plan Regular Council Meeting May 22, 2018 Page 20 of 26 17, in the Geographic Township of Fenelon, designated as Part 1 on Plan 57R- 4516, being PIN 63152-0093 (LT), be declared surplus to municipal needs; That the subject property be investigated and, if suitable, prepared and offered for direct sale to the adjacent landowner, pursuant to Instrument No. R256881, and in accordance with City of Kawartha Lakes By-Law 2018-020, as amended, and any current or future policies in place, and sold for no less than the appraised value plus any and all costs associated with the transaction; That all costs associated with investigating, preparing or marketing the property be taken from the Property Development Reserve; That the Manager of Realty Services or the CAO be permitted to negotiate the legal fees, appraisal costs, survey costs, Registry costs, and advertising costs with a potential purchaser of the subject property; That on completion of public notice, Council shall consider any deputation or public input in opposition of any sales, if any, and if appropriate, pass a by-law (with any amendments deemed necessary) to authorize the disposition; That the Manager of Realty Services o
Moved by Councillor Junkin, seconded by Councillor Seymour-Fagan
Carried
That the Minutes of the May 9, 2018 Planning Advisory Committee Meeting be received and the recommendations be adopted, save and except PAC2018-026.
Moved by Councillor O'Reilly, seconded by Councillor Veale
Carried
That regarding the Fenelon Falls Secondary Plan, staff be directed to meet with the principals and their delegates for Black Bear Estates Inc. and Fenelon Trails Inc. to discuss and review the agreement with the Ministry of Municipal Affairs and Housing regarding the settlement areas and their boundaries; and That staff report back to Council at the July 17, 2018 Regular Council Meeting on the results of these meetings.
Moved by Councillor Elmslie, seconded by Councillor O'Reilly
Carried
That a by-law to confirm the proceedings of a Regular Council Meeting held Tuesday, May 22, 2018 be read a first, second and third time, passed, numbered, signed and the corporate seal attached.
Moved by Councillor O'Reilly, seconded by Councillor Veale