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HomeMy WebLinkAboutJune 18, 2001 -. COUNCIL MINUTES A Meeting of the Pickering City Council was held on Monday, June 18,2001 at 7:30 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: - T. 1. Quinn N. Carroll G. Paterson B. Taylor C. Rose D. Kearns - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Manager, Policy - Committee Coordinator (I) ADOPTION OF MINUTES Regular Meeting of June 4, 2001 Special Meeting of June 11,2001 (II) DELEGATIONS 1. The following persons addressed Council with respect to the Cherry Downs Co Venture Limited matter: a) Angie Jones, speaking on behalf of Bill Wilder and herself, congratulated Council for their refusal of this application. She stated that a new direction has been set for Pickering. - b) Tommy Thompson, 3181 Byron Street, Whitevale, congratulated Council on their denial of this application and requested that they confirm last weeks decision with a unanimous vote tonight. c) Peter Smith, representing Cherry Downs Co Venture Limited, advised that he was present to answer any concerns communicated by residents. He thanked Council for their consideration ofthe application. --2-- 2. Jim Lewis, representing businesses in the hamlet of Brougham, addressed Council with respect to the closing of Highway #7 east of Brock Road from June 21 st to August 31 st. He advised that every business owner in Brougham is concerned about the affect this closing will have on their business. He further advised that SLF only advised of this closing last week. He asked that Council support their request for compensation from SLF. -- 3. Ron Halliday, 427 Taunton Road, Ajax, stated that he feels the underpass at the CPR rail line on Brock Road will be installed with the cooperation of the Region of Durham. Until this is carried out, rumble strips could be installed 14 mile either side of the tracks. (III) RESOLUTIONS Resolution #80/01 - ADDendix #1 Moved by Councillor Johnson Seconded by Councillor Ryan That the Report of the Committee of the Whole dated June 11,2001 be adopted with the following Recorded Vote: Item #3 Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles and Ryan No: Mayor Arthurs - CARRIED Resolution #81/01 Moved by Councillor Johnson Seconded by Councillor Brenner WHEREAS the Council of the Regional Municipality of Durham identified a series of improvements to Brock Road which included the grade separation at the CPR rail line south of Taunton Road; and WHEREAS all preparatory work and the Environmental Assessment required for this project has been completed; and WHEREAS the Council of the City of Pickering has also identified this project as a high priority for the Region and has communicated this to the Council of the Regional Municipality of Durham; and WHEREAS the need for this grade separation has become more apparent since two persons were killed at the CPR level crossing on May 7, 2001 in a collision with a train; - and WHEREAS Highway 407 is being extended to Brock Road in Pickering and is expected to open in August, 2001 thus increasing the amount oftraffic along Brock Road; WHEREAS the Council of the Regional Municipality of Durham has planned the rail division stage in 2003 and the remainder of work in 2005 in its current Five Year Capital Forecast; --3-- NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Council of the Regional Municipality of Durham and the railway authority to accelerate the construction schedule ofthis much needed grade separation; and -- THAT funding opportunities from the senior levels of government, including the SuperBuild Corporation be fully examined; and THAT this resolution be circulated to all senior levels of government, the railway authority, the SuperBuild Corporation, the Region of Durham, Janet Ecker, M.P.P. and Dan McTeague, M.P. CARRIED Resolution #82/01 Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS May is the anniversary month when Mike Harris, then Leader of the Progressive Conservative Party of Ontario, committed his Party, on May 11, 1995, to enact an Ontarians with Disabilities Act in the first term of office within the economic goal posts of the Common Sense Revolution; and WHEREAS November 2001 is the target month that the Ontario Legislature unanimously resolved, on November 23, 1999, to pass an Ontarians with Disabilities Act; and - WHEREAS on April 19, 2001, in her Speech from the Throne, the Lieutenant Governor of Ontario committed the Government to "seek common ground and shared solutions to address the needs of persons with disabilities, and take action, including the introduction oflegislation, [to] build on its commitment"; and WHEREAS this was followed by the release of Step 20: Equal Opportunities for All Citizens of the Government's 21-Step Action Plan to ensure fair treatment and equal access to opportunity for citizens with disabilities and others whose rights it protects by introducing amendments to the Human Rights Code; and WHEREAS for many in the disabled community, the decision of the Government to address their needs through the Human Rights Code falls far short of their expectations and breaches past commitments and resolutions; and WHEREAS by Resolution #81/00 passed by the Council ofthe Corporation of the City of Pickering on May 15, 2000, the Government of Ontario was urged to introduce new legislation before the next Provincial election to enable persons with disabilities to participate fully and equally in all aspects of Ontario life by creating a barrier-free society through the elimination of all existing barriers and the prevention of new ones; NOW THEREFORE the Government of Ontario is urged again to pass strong and effective new legislation to be called the Ontarians with Disabilities Act, on or before - November 23, 2001, that embodies the principles in the Ontario Legislature's October 29, 1998 unanimous resolution; and THAT copies be forwarded to the Premier of Ontario, the Minister of Citizenship, the Leader of the Opposition, the Liberal and New Democrat Critics on Disabilities Issues, the Chief Commissioner of the Ontario Human Rights Commission and Durham Region's M.P.P.'s. CARRIED --4-- (IV) BY-LAWS ~- That Councillor Johnson, seconded by Councillor Holland, took leave to introduce by- laws of the City of Pickering: By-law Number 5828/01 Being a by-law respecting the licensing, regulating and governing of adult videotape stores, and for regulating videotape stores in which adult videotapes are provided. By-law Number 5850/01 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 Lot 23, Plan 492 in the City of Pickering. (A 36/00) By-law Number 5851/01 Being a by-law to dedicate that portion of the Road Allowance between Lots 34 and 35, Concession 3, Pickering, being described as the "Exception in Paragraph 18 of By-law 800", as public highway. By-law Number 5852/01 - Being a by-law to stop-up and close as public highway that portion of the Road Allowance between Lots 34 and 35, Concession 3, Pickering, being described as the "Exception in Paragraph 18 of By-law 800" and to authorize the sale of the lands to the adjacent owner for nominal consideration. By-law Number 5853/01 Being a by-law to stop up and close as public highway that part of Lot 20, Concession 8, Pickering, designated as Part 1, Plan 40R-XXXX, and to authorize the sale thereof to the adjacent owner. By-law Number 5854/01 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation 1822 White's Rd., Amberlea Plaza, 1865-1867 Kingston Rd., 1305/1315 Pickering Parkway, 963-979 Brock Road and 1735 Bayly Street.) CARRIED THIRD READING: - Councillor Johnson, seconded by Councillor Holland, moved that the report of the Committee of the Whole on By-law Numbers 5828/01, 5850/01, 5851/01, 5852/01, 5853/01 and 5854/01 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. CARRIED --5-- (V) OTHER BUSINESS 1. Councillor Johnson gave notice of a motion concerning compensation and notification to the business owners in Brougham by SLF due to the affect the closing of Hwy. 7 east of Brock Road for a two month period will have on their business. -- 2. Councillor Holland advised that the Official Opening of the Millennium Trail will take place on June 23,2001. 3. Councillor Holland gave notice of a motion on pesticide use in the City of Pickering. 4. Councillor McLean inquired into the incident which occurred on Friday evening between a City resident and a by-law enforcement officer. 5. Councillor Ryan congratulated staff on the opening of the Petticoat Creek Library. 6. Mayor Arthurs also commented on the opening of the Petticoat Creek Library and the upcoming opening ofthe Millennium Trail. 7. Mayor Arthurs advised that the meeting of June 25th will be a joint Committee of the Whole Meeting and Council Meeting. Council will then recess until the August 7th meeting and then again until September 10, but will be available for residents. 8. Mayor Arthurs advised of the Canada Day Celebrations. - 9. The following matters were considered prior to the regular meeting: a) The CAO advised that he will be distributing an update on the Pickering Hockey Association and York Region Water. b) The CAO advised that negotiations with CUPE were completed on Friday evening, June 15th and ratification will take place on June 20th. The CAO commented on the senior staff retreat to take place on June 27th and 28th. c) d) Council agreed to upgrade the street lights on Rouge Hill Court to coach lights with funds to come from Account 2325-6181 (Street Light Upgrades~Replacement). Sidewalks are to be constructed in 40M-2017 as set out in the Subdivision Agreement. (VI) CONFIRMATION BY-LAW By-law Number 5855/01 - Councillor Holland, seconded by Councillor Brenner, 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 Special Council Meeting of June 11,2001 and its Regular Council Meeting of June 18, 2001, and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED --6-- (vrn ADJOURNMENT The Meeting adjourned at 8:24 p.m. -. DATED J-lJ./rU- z.' /0 I r; . - - ~c~ MAYOR /a:~ APPENDIX #1 CITY OF PICKERING That the Committee of the Whole of the City of Pickering having met on June 11, 2001, presents its tenth report to Council and recommends: -- 1. CORPORATE SERVICES AND TREASURER'S REPORT CS 15-01 DEVELOPMENT CHARGES That Report CS 15-01 of the Director, Corporate Services & Treasurer regarding Development Charges be received and that: 1. Effective July 1, 2001, as provided for in Section 16 of By-law 5546/99, the Development Charges referred to in Sections 6 and 11 of that By-law be increased by 8.68 per cent being the annual increase in the Construction Price Statistics as reported by Statistics Canada for the year ended March 31, 2001; and 2. The appropriate officials of the City of Pickering be given authority to give effect thereto. 2. PLANNING & DEVELOPMENT REPORT PD 21-01 ZONING BY-LAW AMENDMENT APPLICATION A 36/00 F. AND A. SCANGA HOLDINGS LIMITED LOT 23, PLAN 492 (WEST SIDE OF LIVERPOOL ROAD. NORTH OF KINGSTON ROAD) - 1. That Zoning By-law Amendment Application A 36/00, submitted by Mr. Frank Scanga of F. and A. Scanga Holdings Limited, on lands being Lot 23, Plan 492, City of Pickering, to amend the zoning on the subject lands to permit the establishment of a maximum one-storey, 130 square metre converted dwelling capable of supporting a personal service shop, professional and business office, and limited retail uses, be APPROVED subject to the conditions outlined in Appendix I to Planning Report No. 21-01; and 2. That the amending zoning by-law to implement Zoning B-law Amendment Application A 36/00, as set out in draft Appendix II to Report Number PD 21-01, be forwarded to City Council for enactment. 3. PLANNING & DEVELOPMENT REPORT PD 22-01 CHERRY DOWNS COVENTURE LIMITED DURHAM REGION OPA APPLICATION OPA 2000-05/D PICKERING OFFICIAL PLAN AMENDMENT APPLICATION OPA 00-002/P DRAFT PLAN OF SUBDIVISION APPLICATION S-P-2000-03 ZONING BY-LAW AMENDMENT APPLICATIONS a 26/00 AND a 29/00 MINISTER'S ZONING ORDER AMENDMENT APPL. 18-Z0-02900-01 PART OF LOTS 12 TO 16, CONCESSION 7 (LANDS SOUTH OF EIGHTH CONCESSION ROAD, NORTH OF DURHAM REGIONAL ROAD NO. 31 AND WEST OF SIDELINE 12) - 1. That Pickering Council recommend to the Region of Durham that Regional Official Plan Amendment Application OP A 2000-05/D, submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs Co Venture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to: - - - --2-- (i) change the designation of portions of the subject lands from "Major Open Space" and "Permanent Agricultural Reserve" to "Country Residential Subdivision"; (ii) permit the development of a maximum of 125 dwelling units on the subject lands; and, (ill) permit Regional Council to consider the approval of country residential subdivisions serviced by privately owned and operated communal systems for water supply and 1 or sanitary sewage on a case by case basis; be REFUSED. 2. That Pickering Official Plan Amendment Application OP A 00-002/P submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs Co Venture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to: (i) change the designation of portions of the subject lands from "Open Space System - Active Recreational Area" and "Agricultural Area" to "Country Residential"; (ii) permit the development of a maximum of 125 dwelling units on the subject lands; (ill) permit the country residential development to be serviced by privately owned and operated communal systems for water supply and 1 or sanitary sewage; and, (iv) allow a maximum of nine lots proposed on the subject lands to be serviced by individual water and septic systems; be REFUSED. 3. That Pickering Council recommend to the Region of Durham that Draft Plan of Subdivision Application S-P-2000-03, submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs CoVenture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to: (i) develop 9 lots supporting estate residential homes serviced by individual water and septic systems on a publicly-maintained cul-de- sac located on the north side of Durham Regional Road No. 31, east of Sideline 14 and west of Sideline 12; (ii) develop 16 detached dwellings located on the east and west side of a realigned Sideline 14 and serviced by a privately owned and operated communal water supply and sanitary sewage system; (iii) develop 100 condominium units (both semi-detached and attached units) in two residential clusters located within one development block west of Sideline 14 and serviced by a privately owned and operated communal water supply and sanitary sewage system; and, (iv) permit the establishment of a communal servicing 1 maintenance block, approximately 6.7 hectares in size, on the west side of Sideline 12; be REFUSED. --3-- 4. That Zoning By-law Amendment Application A 26/00, submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs CoVenture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to permit the development of 125 residential dwelling units (consisting of a mix of detached, semi-detached and attached units) within two separate development areas on the subject lands be REFUSED. ",.... 5. That Zoning By-law Amendment Application A 29/00, submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs CoVenture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to permit the establishment of a communal servicing and maintenance facility block located on the west side of Sideline 12 serving a majority of the proposed residential development and a future clubhouse facility located generally north of the Sideline 14 terminus be REFUSED. 6. That Pickering Council recommend to the Ministry of Municipal Affairs and Housing that Minister's Zoning Order Amendment Application 18- ZO-02900-01, submitted by Mr. Peter Smith of Bousfield, Dale-Harris, Cutler & Smith Inc., on behalf of Cherry Downs Co Venture Ltd., on lands being Part of Lots 12 to 16, Concession 7, City of Pickering, to permit the development of 125 residential dwelling units (consisting of a mix of detached, semi-detached and attached units) within two separate development areas on the subject lands, and serviced mainly by privately owned and operated communal water supply and sanitary sewage systems be REFUSED. -. 7. That Staff be authorized to present Council's recommendations as set out in Items #1 to #6 above, to the Ontario Municipal Board (OMB), as Council's position on the Cherry Downs CoVenture Ltd. applications, at the scheduled OMB Prehearing and Hearing. -