THE CORPORATION OF THE TOWN OF BRACEBRIDGE WEDNESDAY, MAY 23,2001

Transcription

1 THE CORPORATION OF THE TOWN OF BRACEBRIDGE COUNCIL MEETING - MINUTES WEDNESDAY, MAY 23,2001 The Regular Meeting of the Bracebridge Municipal Council was held in the Municipal Council Chamber on Wednesday, May 23,2001, commencing at 7:25 p.m. with all Council Members present. Staff members in attendance: Murray Clarke; Ruth Smith. Mayor Northmore called the meeting to order at 7:25 p.m. Presentations/Delegations (a) (b) Proposed Smoke Free By-law: Brenda Marshall. Parry Sound-Muskoka Health Unit Ms. Marshall gave a presentation on the "Breathe Easy Muskoka" program which reinforces the risks associated with second hand smoke. Opposing Proposed Smoke Free By-law: Neil Jackson Mr. Jackson outlined his views, contradicting certain of the technical data cited by the Health Unit. He provided copies of an information package reinforcing his position. Subsequent to discussion, the following motion was passed: A. G. TAYLOR-EDITH J. NICHOLS THAT be it resolved that the Council of the Town of Bracebridge does hereby consent to Muskoka District Council exercising the powers in Section 213 of the Municipal Act, R.S.O c.m45, as amended with respect to smoking in public places and workplaces, subject to the proviso that a draft District By-law be circulated to the area municipalities for review and comment; AND THAT a full public consultation program be followed prior to final approval of a District By-law. Declarations of Pecuniary Interest None. Smoking in Public Places and Workplaces No Prior Notice Confirmation of Previous Minutes The minutes of the last Public Meeting and Regular Council Meeting held on May 2, 2001 were approved. Passing of By-laws, Part 1 B/L HEATHER COUPLAND-BARRY YOUNG THAT By-law No , read a first and ~6~~0~Y-laW second time, be now read a third time and finally passed. BeriaulUMcKinnon ZAl1 0-01, Gilmour This file was deferred pending completion of a fisheries impact study. EDITH J. NICHOLS-JERRY FOX THAT a second Public Meeting not be required for Rezoning Application ZAl08-01 submitted by Peter Barber, pursuant to Section 34(17) of the Planning Act. HEATHER COUPLAND-BARRY YOUNG THAT By-law No , read a first and second time, be now read a third time and finally passed. Yea's Councillor Coupland Councillor Glennie Correspondence Recorded Vote Requested by Councillor Coupland - DEFEATED- Nay's Councillor McMurray Councillor B. Young Councillor Fox Councillor S. Young Councillor Nichols Councillor Taylor Mayor Northmore Bracebridge & Muskoka Lakes Secondary School Student Parliament re: June Y, 200~ Regatta Event. This item is to be discussed under "Resolutions to be Introduced". ZAl10-01 Gilmour ZAl10-01 DEFERRED ZAlOS-01 Pinecone Investments No Further Public Meeting required B/L Zoning By-law ZAl08-01 Zoning By-law Pinecone Investments DEFEATED COUNCIL MEETING MAY 23, 2001 PAGE 1

2 Stand ina Committee Minutes The following Municipal Council Standing Committee Minutes were presented: (a) Administration & Finance Committee Meeting May (b) Committee Chair Bill Glennie presented the minutes. Public Works Committee Meeting May (c) Committee Chair Barb McMurray presented the minutes. Culture & Recreation Committee Meeting May (d) Committee Chair Edith Nichols presented the minutes. Development Services Committee Meeting May 17, 2001 Committee Chair AI Taylor presented the minutes. RESOLUTIONS ADMINISTRA TlON/FINANCE COMMITTEE MEETING, MA Y B, GLENNIE-JERRY FOX THAT the road closing application of Roberta Beriault to close and convey the Jane Street road allowance on the east side of Hiram Street be declared surplus and approved subject to any necessary easements to protect the drainage works and that Lot 4 be deemed not to be a lot on a plan of subdivision. This resolution is to replace a previous resolution passed under Item #575 on May 2, 2001, B. GLENNIE-EDITH J. NICHOLS THAT we approve the application of Donald Roy Thatcher to convey a portion of the closed shore road allowance along Leech Lake adjacent to the property described as Lot 73 on Plan 1, Oakley Ward and hereby declare this portion of road allowance as surplus land. This approval is granted subject to the following conditions: all legal and survey costs are borne by the applicant. W. B. GLENNIE-JERRY FOX THAT we approve the applications of Rex & Reta Fendley and Lisa Gibb & Velma Gibb to close and convey the shore road allowance along Clear Lake in front of their properties located in Lot 8, Concession 9, Oakley Ward and hereby declare this portion of road allowance as surplus land, This approval is granted subject to the applicants entering into a site plan agreement to prevent further alteration of the shoreline and vegetation. All costs are to be borne by the applicants. An easement is to be granted, if necessary, to protect the drainage of Mr. John Gibb across the lands of Mr. Ken Gibb. EDITH J. NICHOLS-A. G. TAYLOR THAT we approve the application of Gord Newton to close and convey a portion of the shore road allowance along the north branch of the Muskoka River adjacent to his property described as Part 6 on Plan RD518, Macaulay Ward (High Falls Road) and hereby declare this portion of road allowance as surplus land. This approval is only for a strip of land 15 feet wide abutting the lot line, In lieu of this purchase the applicant will be requested to enter into an encroachment agreement to acknowledge the encroachment of the structure located partially on this shore road allowance, All legal and survey costs are to be borne by the applicant. W. B. GLENNIE-JERRY FOX THAT a by-law be prepared to approve the temporary closure of Wharf Road and Dill Street from Ontario Street to Victoria Avenue on Sunday, July 1, 2001, from 4 p.m. to 11 :30 p.m. to accommodate the Kinsmen Annual Canada Day Fireworks. This approval is also granted for the raindate of Saturday, July 7,2001. W. B. GLENNIE-BARRY YOUNG THAT the expenditure for the arena elevator financed from reserves be repaid to reserves through the Culture and Recreation Department budget at a rate of $40, per annum beginning in W. B. GLENNIE-BARRY YOUNG THAT we confirm that the community support grant for the Community Policing Halloween Dance be raised to $ W. B. GLENNIE-BARRY YOUNG THAT we confirm the Reserves and the Reserve Funds balances as of December 31,2000 as attached. Closing: Beriault AIF#575 Closing: Thatcher AIF#575 Closing: Fendley! Gibb AlF#575 Closing: Newton AlF#575 Temporary Road Closing Canada Day Fireworks AIF#1507 Arena Elevator Reserves AIF#1508 Community Policing Halloween Dance Grant AlF#1509 Reserves/Reserve Fund Balances AlF#151O Copies attached to resolution. COUNCIL MEETING MAY 23, 2001 PAGE 2

3 W. B. GLENNIE-BARRY YOUNG THAT Council approve the 2001 Town of Bracebridge budget as per the attached Schedule "A". Schedule '\4" attached to resolution. W. B. GLENNIE-BARRY YOUNG THAT Council approves a 5% increase in remuneration for all members of Council plus any regular increases granted to staff as a condition of the Collective Bargaining agreement effective June 1, W. B. GLENNIE-JERRY FOX THAT the following lands be declared surplus and a by-law be prepared to authorize the sale of said lands to an abutting property owner, the Cedar Lane Motel, for the set price of $ provided the purchaser pays all costs: - Part 4 on Plan BR1723 and Parts 5 & 6 on Plan 35R-4564, Bracebridge Ward. PUBLIC WORKS COMMITTEE MEETING, MA Y 15, 2001 HEATHER COUPLAND-B. GLENNIE THAT Council hereby authorizes a by-law to control traffic flow and set up a 3-way stop intersection at Ann St., River st. and Wilson's Falls Road. BARBARA MCMURRAY-HEATHER COUPLAND THAT Council requests the District Municipality of Muskoka to install traffic lights at the intersection of Dill Street and Wellington Street. BARBARA MCMURRAY-HEATHER COUPLAND THAT Council authorizes a by-law to assume, dedicate and open portions of roadways received through the severance process, as follows: Part of Lot 6, Concession 8, Draper Ward, Town of Bracebridge, designated as Part 7 on Plan 35R (from ND Medley - Matthiasville Road); All that Part of Lot 3, Concession 6, Macaulay Ward, Town of Bracebridge, designated as Part 3 on Plan 35R (from HB and JA Dawson - Bonnell Road); Part of Lot 9, Concession 4, Monck Town of Bracebridge, designated as Part 3 on Plan 35R (from JE Jackson - Partridge Lane); Part of Lot 10, Concession 4, Monck, Town of Bracebridge, designated as Part 9 on Plan 35R (from WA Vilbert - Ziska Road); Part of Lot 10, Concession 4, Monck, Town of Bracebridge, designated as Parts 5, 6 and 7 on Plan 35R (from JE Jackson - Ziska Road); Part of Lot 15, Concession 6, Draper Ward, Town of Bracebridge, designated as Parts 4 and 5 on Plan 35R (from KA Schell, Peterson Road) HEATHER COUPLAND-BARRY YOUNG THAT Council authorizes the naming of the roadway in the new Town Industrial Park as "Fowler Drive" and that a by-law be prepared in this respect if necessary. BARBARA MCMURRAY-HEATHER COUPLAND THAT Council does hereby approve and accept the engineering drawings for Phase of the Inveraray Glen Subdivision dated July, 2000, and associated cost estimates of $695, plus the cost for removal of sawdust located in the subdivision, BARBARA MCMURRAY-HEATHER COUPLAND THAT Council authorizes the necessary by-law to name that portion of roadway west of Dill Street as "Inveraray Crt". CUL TURE & RECREA TION COMMITTEE MEETING, MA Y EDITH J. NICHOLS-A. G. TAYLOR THAT Town Council approve one gift certificate for 1 % hours of Summer Ice, value $ and one gift certificate for Martial Arts Classes, value $70.00 to be donated to the Capital Fund Foundation Event being held on May 26, Municipal Budget A/F#1511 Council Remuneration A1F#1512 Property Sale A1F#1513 Wilsons Falls Road Intersection T raffie Control #PW01 25 Traffic Ughts DiII@Wellington #PW01 26 Road Assumptions, Dedications, Openings #PW01 27 Town Business Park Naming Fowler Drive #PW01 28 Inveraray Glen Phase 1 #PW01 29 Naming Cul-de Sac Inveraray Crt #PW01 30 Gift Certificate Donations - Rec Capita! Fund Foundation CIR#OI 04 COUNCIL MEETING MAY PAGE 3

4 DEVELOPMENT SERVICES COMMITTEE MEETING. MAY A. G. TAYLOR-EDITH J. NICHOLS THAT we approve the following revisions to the Inveraray Glen Subdivision conditions of subdivision approval: a) provide for a partial credit to Development Charges in Lieu of Off-site works to a maximum of $39,663.00, not to exceed the amount of works required to be done; and b) delete the requirement for the construction of a recreational pathway on the Parkland Block and allow the developer to construct same to Town requirements, at the developers option; and c) allow he construction of up to four (4) model homes concurrent with the installation of services, to be implemented through appropriate wording in the Subdivision Agreement. A. G. TAYLOR-JERRY FOX THAT we approve the change in the subdivision agreement to allow the construction of four (4) model homes as opposed to two (2) model homes concurrent with the installation of services, in Phase 1 of the Muskoka Highlands Subdivision. A. G. TAYLOR-BARRY YOUNG THAT we accept subdivision bonds as an alternative to letters of credit, as securities for agreements at the sole discretion of the Town, subject to appropriate wording regarding redemption and expiry dates. EDITH J. NICHOLS-JERRY FOX THAT we grant a variance to the sign by-law to allow the Muskoka Heritage Foundation to erect two (2) banner signs on each of the following properties: - Delta Reserve on Peninsula A - Eilean Gowan Island Reserve A. G. TAYLOR-EDITH J. NICHOLS THAT a Public Meeting is required to be held and advertised, at the applicant's expense, for the proposed tower at 115 Manitoba Street, described as Part 2 of Plan 35R-9275, Bracebridge Ward, of the Town of Bracebridge. JERRY FOX-BARRY YOUNG THAT we grant a variance to the Sign By-law to allow Muskoka Kia to erect a roof sign three (3) feet by twenty-five (25) feet on the building located at 21 Robert Dollar Drive, described as Lot 4 of Plan 35M-578, Muskoka North Ward, of the Town of Bracebridge provided same does not extend above the roof line. A. G. TAYLOR-EDITH J. NICHOLS THAT we enter into a Site Plan Agreement with Green Country Farms for the development of a metal clad warehouse (Ultramar), located at 560 Ecclestone Drive, described as Part of Lot 3, Concession 12, Muskoka North Ward of the Town of Bracebridge, being Part 3 of Plan 35R BARRY YOUNG-HEATHER COUPLAND THAT we allow the temporary garden centre in a maximum of 12 parking spaces in the Zellers parking lot until June 30 th, of this year. A. G. TAYLOR-EDITH J. NICHOLS THAT the application fee be waived from rezoning application ZAl12-01 by Peter and Jan Rickard for Lot 14 and Part of Lots 15 & 16, Registered Plan 1, Bracebridge Ward, of the Town of Bracebridge. None.!nveraray Glen Subdivision 0IS#1545 MuskokaHigh!ands Subdivision 01S#2390 Subdivision Bonds vs Letters of Credit 01S#2463 Muskoka Heritage Foundation Amendment to Sign By-law 01S#2464 BARRY YOUNG-HEATHER COUPLAND THAT a deeming by-law be prepared to deem Lots 28 & 30 of Plan M-172, Oakley Ward, of the Town of Bracebridge not to be lots on a registered Plan of Subdivision. Old Business Smellie Communication Tower 01S#2466 Muskoka Kia Sign By-law Variance 0lS2467 Ultramar Site Plan DN S#2468 Zellers Outside Oisplay & Sale 01S#2469 Rickard Rezoning ZN S#2470 Pretsch/Donovan Deeming By-law 0S#2471 New Business 1. Verbal Resolution - Affordable Housing scon NORTHMORE-EDITH J. NICHOLS THAT Council request Committee to review the issue of affordable housing in the community. 2. Highway 118 West - 60 kph Speed Limit the Development Services CARRIED Following discussion it was agreed to remain with the existing 60 kph limit to South Monck Drive. COUNCIL MEETING MAY PAGE 4

5 3. Ball's Flats Merchants Council noted that a merchants group may have arrived at "Sunset Valley" as the new name for the Ball's Flats area. This will be discussed at Administration & Finance Committee. Resolutions To Be Introduced/Reintroduced to Council 1. B.M.L.S.S. Spring Regatta During discussion it was agreed that the event organizers must liaise with appropriate Town Officials on various elements of the event. The question of the 10 k.p.h. speed limit on the Muskoka River will be raised with the organizers. The following motion was presented without prior notice: JERRY FOX-BARRY YOUNG THAT an exemption to the Noise Control By-law be granted to the BMLSS Student Parliament to permit amplified sound during the "Spring Regatta" to be held at Kelvin Grove Park on June 7, 2001 from 11 :30 a.m. to 3:00 p.m.; And that Council has no objection to the proposed event subject to the Town being named as additional insured for the event under the Trillium Lakelands District School Board comprehensive insurance program; And that proper safety measures and teacher supervision be put onto place by BMLSS; And Finally that all other necessary approvals be secured including but not limited to approval from the Muskoka Parry Sound Health Unit. District Information Items BMLSSSpring Regatta No Prior Notice Mayor Northmore queried Council on their views regarding the method of selecting the District Chairman. He will follow-up with the members. Councillor Coupland briefed Council on various District Public Works matters. Passina of By-laws (part 2) BARBARA MCMURRAY-A. G. TAYLOR THAT the following By-laws be introduced, numbered and read a first and second time: A By-law for the purpose of stopping up that part of the original shore road By-law allowance lying in front of Part of Lot 10, in Concession 7, of the former Smith S.R.A. Township of Macaulay, now in the Town of Bracebridge, in the District Municipality of Muskoka, designated as Part 1 on plan 35R (R. Smith); A By-law for the purpose of stopping up those parts of the original shore road 1~ & 2" Reading a II owance. In f ront 0 f L ot 12',In C oncesslon. 4,0 f t h e f ormer T owns h' Ip 0 f M onc, k Jarvis By-law S.R.A now in the Town of Bracebridge, in the District Municipality of Muskoka, designated as Parts 1 and 2 on plan 35R (J. Jarvis); A By-law for the purpose of stopping up those parts of a highway in Lot 2, in 1~ & 2"" Reading C. 12' th < oncesslon,in e,ormer T owns h' Ip 0 f M us k 0 k a, now. In th e T own 0 f By-law Muskoka Ware Bracebridge, in the District Municipality of Muskoka, designated as Parts 1, 2, 3, housing RAC. 4,5 and 12, on plan 35R (Muskoka Warehousing); A By-law for the purpose of stopping up all that part of Lankin Avenue, By-law Registered Plan 35M-648, in the Town of Bracebridge, in the District Lankin Ave. RAC. Municipality of Muskoka, designated as Part 1 on plan 35R-18721; and all that (Clark Homestead) part of Lankin Avenue, Registered Plan 35M-625 in said Town, designated as Part 2 on plan 35R-18721; and all that part of Covered Bridge Trail, Registered Plan 35M-625, in the Town of Bracebridge, in the District Municipality of Muskoka, designated as Part 1 on plan 35R (Clark Homestead); A By-law for the purpose of stopping up all that part of Lot 4, Concession 4, of 1~ & 2"" Reading the former Township of Monck, now Town of Bracebridge, District Municipality of ~~~~~~0~~60 Muskoka, designated as Part 1 on Plan 35R (MacKay/Muskoka MuskokaHighlands Highlands); A By-law to authorize the conveyance of parts of Lots 2 & 3, Concession 13, Draper Ward, being further described as Part 3 on Plan M-650 (JurgeneitiMilton Street Property); A By-law to temporarily close certain streets to vehicular traffic in the Town of Bracebridge for the purpose of accommodating the Annual Kinsmen Club Canada Day Fireworks Display to be held in Bracebridge Bay Park and Kelvin Grove Park on July 1,2001, or if necessary, on the rain date of July 7,2001; 1 st & 2 nd Reading By-law Properly Sale Milton StreeUJurgeneit By-law Temp Rd Closing Canada Day Fireworks A By-law to regulate and control traffic at the intersection of Wilsons Falls Road, 1~ & 2"" Reading Ann Street and River Road (3-Way Stop)' By-law , Wilsons Falls Road A By-law to confirm the acquisitions, dedications as public highways and assumption into the municipal road system for a portion or portions of the following roads: Matthiasville Road, Bonnell Road, Partridge Lane, Ziska Road (2) and Peterson Road; A By-law to authorize the Removal of Holding Symbol for Ontario Limited; A By-law deeming Lots 28 & 30 of Plan M172, Oakley Ward, not to be a lots on a registered plan of subdivision (Pretsch/Donovan) 3WayStop 1 st & 2 nd Reading By-law AcquiringOedicating & Assuming Roads 1 st & 2 nd Reading By-law Remove Pinecone Holding Symbol By-law Deeming B/l Pretsch/Donovan COUNCIL MEETING MAY 23, 2001 PAGE 5

6 BARBARA MCMURRAY- EDITH J. NICHOLS THAT By-laws No to 66, having been read a first and second time, be now read a third time and finally passed. Confirmina By-law - CARRIED - By-law By-law rt! Reading & Passage of All B. GLENNIE-SCOn YOUNG THAT By-law No , read a first and second time, be By~aw Confirming By~aw now read a third time and finally passed. Adjournment BARRY YOUNG-JERRY FOX THAT we do now adjourn until the next Regular Meeting or any Adjournment Special Meeting called by the Mayor. The me~as adjourned. - CARRIED - d0/~~ Mayor ~ ~~~ Chief Administrative Officer/Clerk COUNCIL MEETING MAY 23,2001 PAGE 6