Page 1 March 14, 2007 1.0 CALL TO ORDER Mayor Larry Kraemer called to order, in the Municipal Administration Centre, at 5:00 p.m. on March 14, 2007 a Special Session of the Council of the Corporation of the Municipality of Kincardine and sit as a Planning Advisory Committee and Committee of Adjustment. 2.0 ROLL CALL Mayor Larry Kraemer Deputy Mayor Laura Haight Councillor Guy Anderson Councillor Gordon Campbell Councillor Kenneth Craig (excused himself at 7:05 p.m. during the Planning Advisory Portion of the meeting) Councillor Ron Hewitt Councillor Marsha Leggett Councillor Mike Leggett Councillor Randy Roppel Staff Present Nancy Turcotte, Deputy Clerk Michele Barr, Planning & Building Manager David Smith,Senior Planner, Bruce County Planning Bill Hollo, Deputy Director, Bruce County Planning Jim O Rourke, Public Works Manager Public Approximately 40 members of the Public, 4 Media, 2 Cable TV 3.0 CLOSED SESSION IF REQUIRED None required. 4.0 ADDITIONS OR DELETIONS FROM THE AGENDA 4.1 Additions to the Agenda Resolution # 2007 100 Moved by: Gord Campbell Seconded by: Ken Craig THAT Council approve the following addition to the agenda: 1. 9.3 (B) Projects: Kerr/McQuillen Interim Development Agreement
Page 2 March 14, 2007 5.0 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Name Item of Business Nature of Interest None declared. 6.0 PUBLIC MEETINGS 6.1 Council in Planning Advisory Committee Resolution # 2007-101 Moved by: Gord Campbell Seconded by: Guy Anderson THAT Council move into Planning Advisory Committee to approve the of the Planning Advisory Committee of February 14, 2007 and to hold a public meeting to deal with planning applications for: a) Inverhuron Homes Inc. c/o Brian Otis 771 781 Broadway Street, Municipality of Kincardine (former Town of Kincardine) (Official Plan Amendment and Re-zoning Applications); b) Matthew & Marilyn Jantzi 182 Main Street, Municipality of Kincardine, (former Village of Tiverton) (Re-zoning Applications); c) Mystic Cove Developments Inc., Susan K. Pryde, and Brad R. Pryde c/o GSP Group Planning Consultants Part Lots 57 and 58, Concession A, Municipality of Kincardine, (former Township of Kincardine) (Draft Plan of Subdivision and Re-zoning Application).
Page 3 March 14, 2007 7.0 MATTERS ARISING FROM PLANNING ADVISORY AND/OR COMMITTEE OF ADJUSTMENT 7.1 Regulation of Operations for Upper Lorne Beach Road and Victoria Street Road Allowance Resolution # 2007 102 Moved by: Larry Kraemer Seconded by: Guy Anderson THAT Council direct staff to prepare a by-law to regulate the operations of the gated feature on the proposed road allowance linking Upper Lorne Beach Road and Victoria St.; AND FURTHER THAT the said by-law be circulated to all stakeholders for comment prior to final consideration by council. 7.2 BEING A BY-LAW TO ADOPT AMENDMENT NO. 13 TO THE TOWN OF KINCARDINE OFFICIAL PLAN Resolution # 2007 103 Moved by: Laura Haight Seconded by: Ron Hewitt THAT the Adopt Amendment No. 13 to the Town of Kincardine Official Plan By-law be deemed to be read three times and finally passed and numbered as By-law No. 2007 032. 7.3 BEING A BY-LAW TO AMEND ZONING BY-LAW NO. 2003 25, BEING THE COMPREHENSIVE ZONING BY-LAW FOR THE MUNICIPALITY OF KINCARDINE (Inverhuron Homes Inc. c/o Brian Otis, Lots F and G on Plan 61, and Lot 10 on Plan 127, Municipality of Kincardine (geographic Town of Kincardine)) Resolution # 2007 104 Moved by: Mike Leggett Seconded by: Laura Haight THAT the Amendment to Comprehensive Zoning By-law 2003 25 (Lts F&G, Pl 61, and Lt 10, Pl 127, Municipality of Kincardine (geographic Town of Kincardine)) By-law be deemed to be read three times and finally passed and numbered as By-law No. 2007 033. 7.4 Extension of Meeting
Page 4 March 14, 2007 Resolution # 2007 105 Moved by: Seconded by: THAT Council extend the hour of automatic adjournment to 8:15 p.m. 8.0 CONSIDERATION OF BY-LAWS AND/OR MOTIONS 8.1 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH CAROL LITTLE FOR THE PROVISION OF AIRPORT MANAGEMENT SERVICES FOR THE MUNICIPALITY OF KINCARDINE Resolution #2007 106 Moved by: Laura Haight Seconded by: Ron Hewitt THAT the Airport Management Services Contract (2007) By-law be deemed to be read three times and finally passed and numbered as Bylaw No. 2007-034. Defeated. (Deputy Mayor Haight requested that the matter be placed on the March 21, 2007 Committee of the Whole Agenda for further discussion.) 8.2 Endorsement of WWMF 10 Year Licence Request Resolution #2007 107 Moved by: Ron Hewitt Seconded by: Laura Haight THAT the Council for The Corporation of the Municipality of Kincardine hereby endorses Ontario Power Generation s 10-year-licence renewal request for the Western Waste Management Facility (WWMF); AND FURTHER THAT the Council for the Municipality of Kincardine endorses, for presentation by Mayor Larry Kraemer at the April 11, 2007 Canadian Nuclear Safety Commission s hearing into the licence renewal for the WWMF, the submission as presented to Council at its meeting of March 14, 2007.
Page 5 March 14, 2007 9.0 COMMITTEE OF THE WHOLE (Delegations will be heard following relevant reports.) 9.1 Move Into Committee of the Whole Resolution #2007 108 Moved by: Marsha Leggett Seconded by: Gord Campbell THAT Council move into Committee of the Whole to hear to staff reports. 9.2 DELEGATIONS None noted. 9.3 PROJECTS (A) Slope Stability 689 Huron Terrace Report No. PL-2007 01 Subject: Origin: Analysis: Slope Stability (689 Huron Terrace) West slope of Penetangore River between the Gabion Wall and Rotary Park Municipality of Kincardine March 15 th, 2006 presentation to Council with regards to the slope failure at 689 Huron Terrace On May 10 th, 2006 resolution #2006-228 was carried. This resolution supported the Engineering Assessment of the properties between the north end of the Gabion Wall and Rotary Park; On January 24 th 2007, Jim Coffey of SVCA presented the Geotechnical Assessment Penetangore River Slope Stability Report by Golder Associates dated December 5, 2006. The consensus of the committee of the Whole was to refer the matter to the Building & Planning Committee with a recommendation to be brought forward. Building and Planning committee met on February 12, 2007 and had a general discussion looking at all the options indicated in the report. The following motion was presented:
Page 6 March 14, 2007 Moved by Larry Kraemer Seconded by Laura Haight THAT the Building and Planning Committee recommend deferral of proceeding with the slope stability at this time and Further that $25,000 be placed in a reserve. Existing Policy: Financial Considerations: Options: Preferred Option: CAO s Comments: Financing of the slope stability project by the SVCA By-Law 1993-4 Capital grant of 85% Municipality of Kincardine 15% Municipality covered 90% of the 15% and property owners paid 10% of the 15% The reserve would be established and accumulate funds over a length of time to be used to eventually complete the work. 1. THAT Council support the recommendation of the Building and Planning Committee. 2. THAT Council support another option outlined in the Golder Report 3. THAT Council do nothing at this time. The preferred option would be #1 therefore allowing a fund to accumulate to eventually address the slope stability. I concur Delegations None noted. COW RECOMMENDATION The Committee recommended that discussion of Report No. 2007 01 be deferred. The slope stability issue was referred back to the Building and Planning Committee, to allow the property owners of 689 Huron Terrace to be present during its discussions of the matter.
Page 7 March 14, 2007 (B) Interim Development Agreement Report No. PL-2007-02 Subject: Consent condition Origin: Analysis: Rick and Linda McQuillin, c/o Tom Kerr (north of Campbell Ave) Part Lot 1 and Lot 2, Plan 194; and Lot 25 Campbell N/S, Lots 9 to 11 Campbell W/S, and lots 12 to 15 Campbell E/S, plan 151 Municipality of Kincardine. On Nov 8 th 2006 the Municipality passed by-law 2006-301 rezoning of the above noted property to permit residential uses and facilitate a future severance. The severance has been approved conditionally. One of the conditions on the consent is that the applicant enter into a Subdivider s Agreement for the development. The lands are to be sold and in order for the developer to purchase the property the conditions of the severance must be satisfied. To that end the developer is requesting that a Interim Development agreement and Undertaking be entered into. The agreement will be registered immediately after registration of the deed for the severed parcel. The proposed agreement was discussed at the building and planning meeting and the committee recommended that it proceed to council for approval. Existing Policy: Financial Considerations: Options: A development agreement would be a requirement for the proposed development and the property has been zoned with a holding provision. Applicant will cover all associated costs. 1. THAT Council grant authority to the Mayor and CAO to enter into the Interim Agreement in order for the condition of severance to be met.
Page 8 March 14, 2007 2. THAT Council not grant authority to enter into the agreement. Preferred Option: CAO s Comments: The preferred option would be #1 therefore allowing the severance to finalize, deed and agreement to be registered and the development to proceed. I concur Delegations None noted. COW RECOMMENDATION The Committee agreed with the Planning and Building Manager s preferred option and recommended that Council authorize the signing of an Interim Development Agreement with the developer in order to meet a for the condition of the severance. 9.4 Arise From Committee of the Whole Resolution #2007 109 Moved by: Gord Campbell Seconded by: Guy Anderson That Committee of the Whole return to Council. 10.0 MATTERS ARISING FROM COMMITTEE OF THE WHOLE None noted. 11.0 MEMBERS OF COUNCIL GENERAL ENQUIRIES Councillor Roppel regarding Permit to Take Water for Briar Hill Well #2. Councillor Campbell regarding upcoming Winterfest in Tiverton.
Page 9 March 14, 2007 12.0 SCHEDULING OF MEETINGS 12.1 Council Meetings March 14, 2007 - Planning/Projects (Special) 5:00 p.m. March 21, 2007 - Council/Committee of the Whole 5:00 p.m. April 4, 2007 - Council/Committee of the Whole 5:00 p.m. April 11, 2007 - Planning/Projects (Special) 5:00 p.m. April 18, 2007 - Council/Committee of the Whole 5:00 p.m. May 2, 2007 - Council/Committee of the Whole 5:00 p.m. May 9, 2007 - Planning/Projects (Special) 5:00 p.m. May 16, 2007 - Council/Committee of the Whole 5:00 p.m. June 6, 2007 - Council/Committee of the Whole 5:00 p.m. June 13, 2007 - Planning/Projects (Special) 5:00 p.m. June 20, 2007 - Council/Committee of the Whole 5:00 p.m. July 4, 2007 - Council/Committee of the Whole 5:00 p.m. July 11, 2007 - Planning/Projects (Special) 5:00 p.m. August 1, 2007 - Council/Committee of the Whole 5:00 p.m. August 8, 2007 - Planning/Projects (Special) 5:00 p.m. September 5, 2007 - Council/Committee of the Whole 5:00 p.m. September 12, 2007 - Planning/Projects (Special) 5:00 p.m. September 19, 2007 - Council/Committee of the Whole 5:00 p.m. October 3, 2007 - Council/Committee of the Whole 5:00 p.m. October 10, 2007 - Planning/Projects (Special) 5:00 p.m. October 17, 2007 - Council/Committee of the Whole 5:00 p.m. November 7, 2007 - Council/Committee of the Whole 5:00 p.m. November 14, 2007 - Planning/Projects (Special) 5:00 p.m. November 21, 2007 - Council/Committee of the Whole 5:00 p.m. December 5, 2007 - Council/Committee of the Whole 5:00 p.m. December 12, 2007 - Planning/Projects (Special) 5:00 p.m. December 19, 2007 - Council/Committee of the Whole 5:00 p.m. 12.2 Notice of Public Meetings March 29, 2007 Special Council/Committee of the Whole Priority Setting MAC 5:00 p.m. 12.3 Notice Pursuant to Notice By-law April 30, 2007 - Special Council/Committee of the Whole 2007 Budget Deliberations - MAC 5:00 p.m.
Page 10 March 14, 2007 13.0 ADJOURNMENT Resolution #2007-110 Moved by: Randy Roppel Seconded by: Marsha Leggett THAT this Council adjourn. Mayor Clerk