REGULAR MEETING OF COUNCIL

AGENDA

Meeting #:
Date:	Monday, July 22, 2019 at 7:00 P.m. - 8:00 P.m.
Location:	Council Chambers 2021 Division Road N Kingsville, Ontario N9Y 2Y9

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A.

CALL TO ORDER

B.

MOMENT OF SILENCE AND REFLECTION

C.

PLAYING OF NATIONAL ANTHEM

D.

DISCLOSURE OF PECUNIARY INTEREST

When a member of Council has any pecuniary interest, direct or indirect, in any matter which is the subject of consideration at this Meeting of Council (or that was the subject of consideration at the previous Meeting of Council at which the member was not in attendance), the member shall disclose the pecuniary interest and its general nature, prior to any consideration of the matter.

E.

MATTERS SUBJECT TO NOTICE

1.

PUBLIC MEETING--Application for Zoning Amendment ZBA/09/19 and Site Plan Approval SPA/09/19 by Olivito Dentistry Prof. Corp (Owner) and Amanda Woolgar (Authorized Applicant) 87 Main Street E and 17 Spruce St., Part of Lot 1, Concession 1 ED

G. Robinson, Town Planner

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Site Plan Approval, dated June 19, 2019;

ii) Report of G. Robinson, Town Planner, dated July 8, 2019;

iii) Proposed By-law 72-2019, being a By-law to amend By-law No. 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council approves Zoning By-law Amendment Application ZBA/09/19 to rezone the subject lands at 87 Main Street E, Part of Lot 1, Concession 1 ED in the Town of Kingsville, from ‘Residential Zone 1 Urban (R1.1)’ to ‘Residential Zone 1 Urban Exemption 14 (R1.1-14)’ and adopt the implementing by-law;

  And That Council approves Zoning By-law Amendment Application ZBA/09/19 to rezone the subject lands at 17 Spruce Street, Part of Lot 1, Concession 1 ED in the Town of Kingsville, from ‘Residential Zone 1 Urban (R1.1)’ to ‘Residential Zone 1 Urban Exemption 28 (R1.1-28)’ and adopt the implementing by-law;

  And That Council Approves Site Plan Application SPA/09/19 for the proposed parking lot development, subject to the conditions outlined in the Site Plan Agreement and authorizes the Mayor and Clerk to sign the Site Plan Agreement and register said Agreement on title.

2.

PUBLIC MEETING--Application for Zoning By-law Amendment ZBA/10/19 by 2073834 Ontario Limited 795 Road 3 E Part of Lots 5 & 6, Concession 3 ED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated June 24, 2019;

ii) Report of R. Brown, dated July 4, 2019;

iii) Proposed By-law 73-2019, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

• Recommended Action

  That Council defers Zoning By-law Amendment Application ZBA/10/19 to rezone lands outlined in Appendix A attached, to permit a medical marihuana production facility as an additional site-specific permitted use until such time as: i) the Greenhouse Policy Review Committee has concluded and any recommended policy updates approved by Council; and ii) Council has lifted the moratorium on further zoning approvals to permit medical marihuana production facilities.

F.

AMENDMENTS TO THE AGENDA

G.

STAFF REPORTS

1.

Sign Truck Replacement

S. Martinho, Public Works Manager

• Recommended Action

  That Council approves the use of $149,888.41 in unallocated fleet reserves for the early replacement of unit 12-08 for an Altec AT37G mounted on a Ford 550 chassis.

2.

Garbage Collection in Spinks Gravel Industrial Park

S. Martinho, Public Works Manager

• Recommended Action

  That Council receives this report for information and that garbage collection in Spinks Gravel Industrial Park continues to be the responsibility of commercial property owners in accordance with By-law 25-2001.

3.

Mill Creek Bridge in Lakeside Park

S. Martinho, Public Works Manager.

• Recommended Action

  That Council reallocate the $17,427.00 remaining from the Patterson Taxi Demolition for the purchase of a decorative railing for the Bridge over Mill Creek in Lakeside Park.

4.

Name Change Impact – Meghan Agosta Dr. to York Blvd.

R. Brown, Manager of Planning Services

• Recommended Action

  That Council receives the report on the impact of changing Meghan Agosta Drive to York Blvd. for information purposes;

  And That Council approves the suggested renaming of Corbin Watson Drive to York Drive as an alternative solution to the earlier oversight;

  And That Council directs Corporate Services to undertake the necessary process to change Corbin Watson Drive to York Drive.

5.

Cottam Community Improvement Plan Application by Cottam United Church V/L County Road 34 W Pt. Lot 270, Concession STR, Part 2, RP 12R 5967

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves the Cottam Community Improvement Plan funding application for the design, purchase and installation of permanent landscaping infrastructure associated with the proposed prayer garden for Cottam United Church as follows:

  Phase One - $2,500

  Phase Two - $2,500

6.

Application for Site Plan Approval by Great Northern Hydroponics 1270 Road 3 E Part of Lot A, Concession 3 ED

R. Brown, Manager of Planning Services

• Recommended Action

  That Council approves the development of a two phase 6.63 ha (16.4 ac.) greenhouse and support facilities for a medical marihuana production facility, subject to the conditions outlined in the site plan agreement and authorize the Mayor and Clerk to sign the site plan agreement and register said agreement on title;

  And That Council requires a security deposit equal to 50% of the total cost of the odour control system and light control system to be deposited with the Town prior to release of any building permits.

H.

BUSINESS/CORRESPONDENCE-ACTION REQUIRED

1.

Motion to Amend Something Previously Adopted--Email from M. Durocher, Parks and Recreation Program Manager dated July 12, 2019 RE: Alcohol and Gaming Commission of Ontario Request

• Recommended Action

  That Council amends Motion 252-2019 previously adopted by Council to replace the phrase "Significant Event status" and the phrase "Significant Status" with the phrase "Municipal Significance status" such that the motion reads as follows:

  That Council authorizes Municipal Significance status for the identified events which include: Kingsville Highland Games, Carnegie Social, Kingsville Folk Fest, Tall Ships Kingsville, Kingsville Migration Fest and Fantasy of Lights Festival, and furthermore, that Council authorizes Administration to author a recommendation for Municipal Significance status for these events to secure a special occasion permit for each.

I.

MINUTES OF THE PREVIOUS MEETINGS

1.

Regular Meeting of Council--July 8, 2019

• Recommended Action

  That Council adopts Regular Meeting of Council Minutes, dated July 8, 2019.

J.

MINUTES OF COMMITTEES AND RECOMMENDATIONS

1.

Parks, Recreation, Arts and Culture Committee - May 16, 2019

• Recommended Action

  That Council receives Parks, Recreation, Arts and Culture Committee Meeting Minutes dated May 16, 2019 together with Minutes of the following sub-committees: Highland Games - March 6 and April 3, 2019.

2.

Kingsville B.I.A. - June 11, 2019

• Recommended Action

  That Council receives Kingsville B.I.A. Meeting Minutes dated June 11, 2019

3.

Kingsville Municipal Heritage Advisory Committee--June 26, 2019

• Recommended Action

  That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated June 26, 2019.

• Recommended Action

  That Council authorizes Administration to remove the property municipally known as 850 Seacliff from the Town's Heritage Inventory List, given that the Committee has no heritage objections to the demolition of the property.

K.

BUSINESS CORRESPONDENCE - INFORMATIONAL

1.

Town of Tecumseh--Correspondence dated June 27, 2019 RE: Support of a New Regional Hospital Site for Windsor Essex County

2.

Township of Warwick--Correspondence dated June 26, 2019 RE: Resolution Regarding Enforcement for Safety on Family Farms

3.

Town of Plympton-Wyoming--Correspondence dated July 15, 2019 RE: Resolution Regarding Enforcement for Safety on Family Farms

4.

County of Huron--Correspondence dated July 3, 2019 RE: Support for Combined OGRA-ROMA Conference.

5.

Township of Prince--Correspondence dated July 10, 2019 RE: Resolution Opposing the idea of the Combined OGRA/ROMA Conference

6.

Village of Oil Springs--Correspondence received July 12, 2019 RE: Support for Warwick Resolution

7.

Town of Oakville--Correspondence dated July 22, 2019 RE: Traffic Calming and Speed Limit Review

8.

The College of Physicians and Surgeons of Ontario--Call for Nominations for the 2020 Council Award.

• Recommended Action

  That Council receives Business Correspondence-Informational Items 1-8.

L.

NOTICES OF MOTION

1.

Councillor Neufeld may move, or cause to have moved:

That Administration be directed to create a policy with regard to dimming streetlights during fishfly season to a level that will decrease the accumulation of the flies but also maintain a level of security for the residents.

M.

UNFINISHED BUSINESS, ANNOUNCEMENTS AND UPDATES

N.

BYLAWS

1.

By-law 69-2019

Being a By-law to provide for the collection of the costs incurred for drainage works completed for numerous drains all in the Town of Kingsville

To be read a first, second and third and final time.

2.

By-law 70-2019

Being a By-law authorizing the entering into of an Agreement with Sterling Ridge Infrastructure Inc. for Replacement of South Talbot Road Culvert (#46) Over #5 Drain in the Town of Kingsville (full contract document available for review in Department of Municipal Services)

To be read a first, second and third and final time.

3.

By-law 71-2019

Being a By-law authorizing the entering into of an Agreement with Elmara Construction Co. Ltd. for the 2019 Bridge Program (File No. MS19-104 Cedar Island Bridge) (full contract document available for review in Department of Municipal Services)

To be read a first, second and third and final time

4.

By-law 72-2019

Being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (ZBA/09/19; 87 Main St. East)

To be read a first, second and third and final time.

O.

CLOSED SESSION

Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

Pursuant to section 239(2) of the Municipal Act, 2001, Council will enter into Closed Session to address the following items:

1.

a proposed or pending acquisition of land by the municipality [Section 239(2)(c)], being a proposed Agreement of Purchase and Sale for a potential acquisition of land by the municipality

P.

REPORT OUT OF CLOSED SESSION

Q.

CONFIRMATORY BY-LAW

1.

By-law 74-2019

Being a By-law to confirm the proceedings of the Council of The Corporation of the Town of Kingsville at its July 22, 2019 Regular Meeting

To be read a first, second and third and final time.

R.

ADJOURNMENT