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HomeMy WebLinkAboutFebruary 4, 2002 Council Meeting Minutes Monday, February 4, 2002 7:30p.m. PRESENT: Mayor Wayne Arthurs -. COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson B. Douglas B. Taylor D. Kearns - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - Fire Chief - City Clerk - Committee Coordinator (I) ADOPTION OF MINUTES ..... Special Meeting of January 14,2002 Regular Meeting of January 21,2002 Special Meeting of January 21,2002 (II) DELEGATIONS 1. Kees van der Vecht, 3965 Kinsale Road, addressed Council with respect to concerns in Kinsale. He advised of the concerns of the residents with respect to dumping by Durham Regional Works Department of sludge which is polluting their wells making their water undrinkable. He further commented on the landfill operation which is causing oil and diesel fuel odors. Trucks and bulldozers are running constantly creating noise and dust. Other concerns include the lack of lighting at Kinsale Road and Hwy. 7 and signs on Hwy. 7 obscuring vision for those entering off of Kinsale Road. 2. The following persons addressed Council with respect to the Wood, Carroll Zoning Amendment Application: a) John Ibbetson, 787 Sheppard Ave., advised that at the previous meeting he endorsed the report. He stated that an 80' tree behind his home should be preserved and questioned if repair work would be done if damage occurred to his pool during construction. - b) Sylvia Spencer, 771 Sheppard Ave., stated that she has a densely treed property, that some artifacts may be on the Wood Carroll land, that the subject lands are not in character with the balance of Kingston Road, that restaurant use should be prohibited and that the buffer against her property is not sufficient. 3. James Hodgins, 362 Dyson Road, addressed Council with respect to Family and Community Violence Prevention. He provided Council with more current statistics on family violence and asked Council to: i) commit to being more fully informed on family violence - 1 - Council Meeting Minutes Monday, February 4, 2002 7:30p.m. ii) iii) iv) support an event to address family violence inform other bodies of local efforts any unit set up by Durham Regional Police should be informed, trained and be aware of up-to-date statistics requested support to speak to other Councils -. v) (III) RESOLUTIONS Resolution #24/02 - Appendix #1 Moved by Councillor Ryan Seconded by Councillor Holland That the Report of the Finance & Operations Committee dated January 28,2002, be adopted. CARRIED Resolution #25/02 - Appendix #11 Moved by Councillor Holland Seconded by Councillor Ryan That the Report of the Planning Committee dated January 28,2002, be adopted. -. CARRIED Resolution #26/02 Moved by Councillor Ryan Seconded by Councillor McLean I. That Zoning By-law Amendment Application A 19/97 (RO 1), submitted by Christopher Speirs, on lands being Lots 15, 16 and 17, Plan 21, City of Pickering, to amend the zoning of the subject lands from "HMC7" to a "HMR3" zone, in order to permit the development of a detached dwelling on the subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 01-02; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 19/97 (RO I), as set out in draft in Appendix II to Report Number PD 01-02, be forwarded to City Council for enactment. 3. That the City Clerk advise the Toronto Region Conservation Authority (TRCA) that Pickering City Council requests their assistance in working with Ontario Realty Corporation (ORC) and the City to explore access opportunities to the Seaton Hiking Trail, north of Whitevale Road. CARRIED - - 2 - Council Meeting Minutes Monday, February 4, 2002 7:30p.m. Resolution #27/02 -- Moved by Councillor Brenner Seconded by Councillor Pickles That the Council of the City of Pickering receive and endorse the resolution passed by the Board of the Ajax Pickering Transit Authority, concerning the 2002 APTA Budget; and That a copy of this resolution be forwarded to the Region of Durham. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #28/02 Moved by Councillor Johnson Seconded by Councillor Ryan That Mayor Arthurs be authorized to make the following proclamations: .... "Freedom to Read Week" - February 24 to March 2,2002 "White Cane Week" - February 3-9,2002 CARRIED Resolution #29/02 Moved by Councillor Brenner Seconded by Councillor Ryan WHEREAS the Toronto Region Conservation Authority has requested that the "City of Pickering conduct a review of the Official Plan for the north area of Pickering from the Seaton Lands in the east to the York/Durham Town Line in the west"; NOW THEREFORE BE IT RESOLVED that the Director of Planning and Development be directed to report at the March 18th Planning Committee Meeting the elements of a "Growth Management Study" which would provide the basis for an Official Plan Review of all lands as set out in the Toronto Region Conservation Authority Resolution and that said lands be defined within the northern boundary of Highway 7 and the southern boundary as C.P. Belleville Rail line; and THAT such review include consideration of any existing studies conducted either for the City (Town), Region or Province, e.g., Environmental Study conducted by Dr. N. Eyles in 1997; and - THAT such review will form the basis for how Pickering will manage future growth pressures. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs - 3 - Council Meeting Minutes Monday, February 4, 2002 7 :30p.m. Resolution #30/02 - Moved by Councillor Holland Seconded by Councillor Ryan WHEREAS in a review of the Ontario Municipal Board (OMB) by the Greater Toronto Services Board (GTSB) it was found that 15 GTA municipalities spent over $20 million on cases relating to policy issues and new large-scale urban area designations over the last five years; and WHEREAS the Corporation of the City of Pickering dedicates significant resources in staff time, legal fees and other related costs, as outlined in the memo from the Solicitor for the City dated January 31, 2002 to represent the corporation at cases before the OMB ; and WHEREAS the members of the OMB are appointed by the Government of Ontario and have no direct accountability back to the electorate; and WHEREAS the original intent of the OMB was to be a check against bad or biased planning but has grown into a body that may overturn sound planning decisions and reshaping communities in a manner that is contrary to their will and vision; and WHEREAS there is an increasing trend for developers to appeal matters before local Councils to the OMB prior to the elected representatives considering the matter and often before public statutory meetings occur; and ,- WHEREAS in many recent decisions the OMB has overturned decisions of local councils because a land use was not expressly prohibited thus creating an impossible burden to municipal official plans which will require a laundry list of allowable and disallowed uses for protection; and WHEREAS a municipal official plan should be broad based and flexible but will become encumbered by restrictions that may have undesired outcomes in an attempt to provide protection from the OMB; and WHEREAS the Government of Ontario can not expect' smart growth' to occur in an environment where local planning and years of public input and debate can be overturned by an appointed body with often little knowledge of the municipalities who's future they are shaping; and WHEREAS the Town of Caledon report on the OMB states that "as an appointed tribunal, the OMB should not be determining growth patterns of the GTA" and notes that, "municipal taxpayers, after paying for exhaustive planning policy processes, have to pay an unacceptable price to defend their decisions in the OMB arena"; and WHEREAS the Town of Caledon report further states "There is no evidence, at least in the opinion of municipalities, to suggest that the $20 million plus yields a higher quality of life and a better-planned GT A than would have been yielded by the decision-making of the elected municipal councils, following the exhaustive planning processes and legal requirements that we now follow". -- NOW THEREFORE the Council of the Corporation of the City of Pickering urges the Government of Ontario to remove or, at the least, radically reduce the role of OMB back to a pure check against bad or biased planning; and THAT the Association of Municipalities of Ontario be requested to act upon the report done by the Town of Caledon, work done by the GTSB and requests of municipalities by applying meaningful and lasting pressure to dissolve or radically alter the OMB; and - 4 - Council Meeting Minutes Monday, February 4,2002 7:30p.m. THAT the leadership candidates for the Ontario Progressive Conservative Party and the Leader of the Official Opposition be requested to respond back to the Council of Corporation of the City of Pickering as to their position on this issue; and -. THAT the Council of the Corporation of the Region of Durham be requested to endorse this motion; and THAT this motion be circulated to; . All area Mayors and Chairs Janet Ecker, M.P.P - Pickering-Ajax-Whitby Jim Flaherty, M.P.P. - Deputy Premier and Minister of Finance Tony Clement, Minister of Municipal Affairs and Housing Elizabeth Witmer, Environment Minister Ernie Eves, former Minister of Finance and candidate for the leadership ofthe Ontario PC party Dalton McGuinty, Leader of the Official Opposition Mike Harris - Premier of the Province of Ontario Chris Stockwell, M.P.P. . . . . . . . . CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs .-. Resolution #31/02 Moved by Councillor Johnson Seconded by Councillor Pickles For Leave to Introduce a Notice of Motion concerning possible illegal dumping in Kinsale. CARRIED Resolution #32/02 Moved by Councillor Johnson Seconded by Councillor Pickles WHEREAS clean fill is being dumped on a daily basis at Hwy. #7 north east of Balsam Road, Kinsale; and WHEREAS our staff have visited the site and reported there were no violations at that time; and WHEREAS the Ministry of Environment and the Ministry of Health are responsible for guidelines of clean fill dumping; - NOW THEREFORE BE IT RESOLVED staff investigate the concerns raised by the community and host a community meeting with the Ward 3 Councillors; and THAT the Ministry of Environment, the Ministry of Health and the Toronto Region Conservation Authority be requested to investigate the allegations of the local neighbours complaints of a violation of clean fill water coarse violations and possible well contamination; and - 5- Council Meeting Minutes Monday, February 4, 2002 7:30p.m. THAT copies of this resolution be forwarded to the Region of Durham, Health and Social Services Committee, Janet Ecker, MPP, Dan McTeague, MP, Bradley Clark, Minister of Transportation, Dalton McGuinty, Leader of the Official Oppostion and Mike Harris, Premier of the Province of Ontario. - CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs (IV) BY-LAWS That Councillor Johnson, seconded by Councillor Ryan, took leave to introduce by-laws of the City of Pickering: By-law Number 5939/02 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 15, 16 and 17, Plan 21 (Parts 31,50 and 52, 40R-1140), in the City of Pickering. (A 19/01(R)) By-law Number 5948/02 þto.. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 32, Concession 1, City of Pickering. (A 8/01) By-law Number 5949/02 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 18, Concession 1 (Parts 6 to 8, 12 & 13, 40R-1O635), City of Pickering. (A 33/00) . By-law Number 5950102 Being a by-law to authorize the signing of an agreement for fire protection services. By-law Number 5951/02 Being a by-law for the collection of taxes and to establish the installment due dates for the Interim Levy 2002. By-law Number 5952/02 Being a by-law to name highways or portion of highways within the jurisdiction of the City to which a reduced load period designation applies and to repeal By-law 5801/01. - CARRIED - 6 - Council Meeting Minutes Monday, February 4, 2002 7:30p.m. THIRD READING: Councillor Johnson, seconded by Councillor Ryan, moved that the report ofthe Committee ofthe Whole on By-law Numbers 5939/02, 5948/02, 5949/02, 5950/02, 5951/02 and 5952/02, be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. - (V) 1. 2. 3. 4. 5. ... 6. 7. 8. ~ CARRIED OTHER BUSINESS Councillor McLean gave notice of a motion concerning Pickering/Ajax/Whitby Animal Shelter. Councillor McLean advised that a fund raising dance will be held at the Recreation Complex on February 16th for the Women's Shelter. Councillor Brenner requested an investigation of the situation at Knob Hill Farms parking lot where trailers are being parked and homeless are using these trailers to sleep under. Councillor Johnson advised that the Claremont Winter Carnival begins February 9,2002. Councillor Johnson gave notice of a motion concerning "No Parking" in front of 2527 Parkdale St. Councillor Pickles gave notice of a motion concerning the condition of Whitevale Dam. Councillor Brenner gave notice of a motion, seconded by Councillor Ryan, to request Provincial Auditors to investigate the land swap. The following matters were discussed prior to the regular meeting: a) The Chief Administrative Officer distributed correspondence concerning the Zoning By-law Amendment Application submitted by Christopher Speirs, Costs related to OMB Matters, and Whitchurch-Stouffville Response Statistics. b) Councillor McLean requested Council authorize the appraisal of the Pickering/Ajax/Whitby Animal Shelter in Whitby. Resolution #33/02 Moved by Councillor McLean Seconded by Councillor Holland That an appraisal of the Pickering/Ajax/Whitby Animal Shelter be undertaken. CARRIED c) Councillor Johnson advised that a senior who qualified for snow removal was missed and therefore had to hire someone. d) Councillor Ryan gave commendation to the Fire Department for their quick response to an emergency call he made concerning a neighbour who collapsed last Thursday. - 7- Council Meeting Minutes Monday, February 4, 2002 7 :30p.m. (VI) CONFIRMATION BY-LAW - By-law Number 5953/02 Councillor Brenner, seconded by Councillor Ryan, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Regular Council Meeting of February 4, 2002. CARRIED (VII) ADJOURNMENT The Meeting adjourned at 10:00 p.m. DATED I'~ ik . «1 -¿"Oö;? I ~~ ¡Þ.. ~ - - 8- Appendix I Finance & Operations Committee Report FOC-2002-1 That the Finance & Operations Committee of the City of Pickering having met on January 28, 2002, presents its first report to Council and recommends: - 1. OPERATIONS & EMERGENCY SERVICES REPORT OES 43-01 FIRE SERVICES AGREEMENT BETWEEN THE TOWN OF WHITCHURCH-STOUFFVILLE AND THE CITY OF PICKERING 1. That Report to Council OES 43-01 regarding Fire Services Agreement, be received; and 2. That the Council of the Corporation of the City of Pickering authorize the signing of a Fire Services Agreement between the Town of Whitchurch-Stouffville and the City of Pickering regarding Fire Protection Services to another municipality. 2. OPERATIONS & EMERGENCY SERVICES REPORT OES 001-02 REDUCED LOAD PERIOD BY-LAW ANNUAL COMPILATION OF STREETS 1. That Report 0 ES 001-02 respecting the reduced load period by-law be received; and 2. That a by-law be enacted to designate highways under the jurisdiction of the City to which a reduced load period applies; and Þ- 3. That By-law 5801/01 be repealed. 3. OPERATIONS & EMERGENCY SERVICES REPORT OES 003-02 STREET LIGHT REPAIR AND MAINTENANCE SERVICE 1. That Report OES 003-02 regarding street light repair and maintenance service be received; and 3. That City staff be directed to prepare specifications and documentation required to tender the services of street light repair and maintenance. 4. OPERATIONS & EMERGENCY SERVICES REPORT OES 002-02 STATUS REPORT ON THE "ROLLING TO REDUCE" WASTE DIVERSION PILOT PROJECT That Report OES 002-02 concerning Status Report on the "Rolling to Reduce" Waste Diversion Pilot Project, be received for information. 5. CORPORATE SERVICES REPORT CS 02-02 2002 INTERIM LEVY AND INTERIM TAX INSTALLMENT DUE DATES - 1. That Report CS 02-02, concerning 2002 Interim Levy and Interim Tax Installment Due Dates be received; and 2. That an interim levy be adopted for 2002 for all of the realty property classes; and 3. That interim levy installment due dates be February 27 and April 26, 2002; and - 9- Appendix I Finance & Operations Committee Report FOC-2002-1 4. That the Director, Corporate Services & Treasurer be authorized to make any changes or undertake any actions necessary, including altering due dates, in order to ensure the tax billing process is completed; and - 5. That the attached by-law, providing for the imposition of the taxes, be read three times and approved by Council; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 6. CORPORATE SERVICES REPORT CS 03-02 CONFIRMA nON OF COMPREHENSIVE CRIME INSURANCE FOR 2002 1. That Report CS 03-02 concerning Confirmation of Comprehensive Crime Insurance for 2002, be received and forwarded to Council for information. -- - - 10- Citq o~ Appendix II Planning Committee Report PC-2002-2 That the Planning Committee of the City of Pickering having met on January 28, 2002, presents its second report to Council and recommends: - 1. PLANNING & DEVELOPMENT REPORT PD 08-02 COUNCIL POSITION FOR THE ONTARIO MUNICIPAL BOARD HEARING ON AMENDMENT TO THE NORTHEAST QUADRANT DEVELOPMENT GUIDELINES ZONING BY-LAW AMENDMENT APPLICATION A 22/00 WOOD, CARROLL ET AL (HAYES LINE PROPERTIES INC.) PART OF LOT 28, RANGE 3, B.F.C. (778- 790 KINGSTON ROAD, EAST OF WHITES ROAD) 1. That Council ADOPT a site specific amendment to the Northeast Quadrant Development Guidelines as the City's strategy for detailed land use, urban design, transportation and infrastructure for the Wood, Carroll properties (Hayes Line Properties Inc.) within the Northeast Quadrant, as set out in Appendix I to Report Number PD 08-02; and 2. That Zoning By-law Amendment Application A 22/00, submitted by Wood, Carroll et al. (Hayes Line Properties Inc.) on lands being Part of Lot 28, Range 3, B.F.c. in the City of Pickering, to permit residential and retail/commercial and restaurant uses, as revised by the applicant to only permit the development of retail/commercial and restaurant uses, be ENDORSED IN PRINCIPLE, AS RECOMMENDED BY STAFF, as set out in the staff recommended implementing by-law attached as Appendix II to Report Number PD 08-02; and i1A 3. That Council re-affirm the requirement for the applicants to pay their proportionate share of the study costs of the Northeast Quadrant Review prior to the zoning coming into force; and 4. That Council require the applicant to construct and convey to the City a public lane across the north part of the property; and 5. That Council require the applicant to contribute to the costs of downstream stormwater management efforts and construct on-site stormwater controls if construction on the subject lands precedes downstream stormwater management works; and 6. That staff be authorized to present Council's ENDORSEMENT IN PRINCIPLE to the Ontario Municipal Board as Council's position on Zoning Amendment Application A 22/00 at an Ontario Municipal Board Hearing, and further authorize staff to make adjustments to the staff recommended implementing by-law as technical issues are finalized. -- - 11 -