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HomeMy WebLinkAboutJune 2, 2003 Council Meeting Agenda Monday, June 2, 2003 7:30 PM (I) ADOPTION OF MINUTES Regular Meeting of May 20, 2003 Special Meeting of May 20, 2003 Special Meeting of May 26, 2003 (11) DELEGATIONS Pat McNeil, Senior Vice President, Nuclear Strategy & Support, will present an update on the Pickering "A" start-up project and an update on the first quarter operations of the Picketing Nuclear Generating Station. (111) RESOLUTIONS PAGE 1. To adopt the Finance & Operations Committee Report dated May 26, 1-7 2003. (IV) BY-LAWS By-law Number 6141/03 8-10 Being a by-law to amend Blocks I and 2, Plan 40M- , and that part of Block 11, Plan 40M-1231, Pickering, designated as Part 2, Plan 40R-21924 from the part lot control provisions of the Planning Act. By-law Number 6142/03 11-13 Being a by-law to exempt Lots I to 20, inclusive, Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan 40M-2119, Pickering, from part lot control. By-law Number 6143/03 14-16 Being a by-law to exempt Blocks 1, 2 and 3, Plan 40M-2149, Pickering, from part lot control. -1- Council Meeting Agenda Monday, June 2, 2003 7:30 PM By-law Number 6144/03 17-18 Being a by-law 'to amend By-law 2359/87 regulating parking, standing and stopping on highways and on private and municipal property'. By-law Number 6145/03 19 Being a by-law to repeal By-law maintain a Reserve Fund for the Clubhouse. 5761/00 which was to establish and construction of the Brockridge Park By-law Number 6146/03 20 Being a by-law to amend By-law Number 425/76 respecting residential fences and swimming pool enclosures in the City of Pickering. (V) NOTICE OF MOTION Moved by Councillor Ryan Seconded by Councillor McLean 21-22 WHEREAS the Highway Traffic Act states that the statutory speed limit on all urban roads shall be 50 kilometers per hour unless set otherwise by by-law and posted by the municipality that has jurisdiction over such roads; and WHEREAS the Council of the Corporation of the City of Pickering enacted By- law Number 264/75 on July 21, 1975 that lowered the speed limit on all existing residential and collector roads south of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the speed limit on other roads north of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS the 40 kilometer per hour speed limit has worked very well in the Bay Ridges and West Shore communities since 1975; and -2- Council Meeting Agenda Monday, June 2, 2003 7:30 PM WHEREAS a speed limit of 50 kilometers per hour on residential streets is not conducive to safe pedestrian activities because motorists tend to drive at least 10 kilometers per hour over the posted speed limit; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will lower the speed limit on all local and collector roads in accordance to Pickering's Official Plan under the jurisdiction of the City of Pickering from 50 kilometers per hour to 40 kilometers per hour; and FURTHER THAT said by-law be a consolidated by-law indicating the maximum rates of speed for all highways under the jurisdiction of the City of Pickering and be presented to Council no later than September 15, 2003. Moved by Councillor Holland Seconded by Councillor McLean 23-27 WHEREAS City Council passed Resolution #77/00 on May 15, 2000 establishing conditions of approval for draft plan of subdivision 18T-99015 (Garthwood Homes - now 40M-2023) proposing 24 lots for detached dwellings on Spartan Court; and WHEREAS one of the conditions of draft approval included a requirement for the construction of a sidewalk on the south and east sides of Spartan Court; and WHEREAS a petition has been received by the City signed by a majority of residents on Spartan Court requesting that a sidewalk not be constructed on the east side of Spartan Court; and WHEREAS a sidewalk along the majority of the east side of Spartan Court is not considered necessary for the safety of residents and pedestrians; NOW THEREFORE the Council of the Corporation of the City of Pickering: hereby directs that the City's sidewalk requirements respecting Plan 40M- 2023 be revised to delete the requirement for a sidewalk across the frontage of Lots 3 to 14 inclusive, as illustrated on Schedule 1 to this resolution; 3 Council Meeting Agenda Monday, June 2, 2003 7:30 PM hereby directs that sidewalks remain in place to provide safe pedestrian access along the future pedestrian route linking Rambleberry Avenue to Appleview Drive; hereby directs that the developer be required to provide the City with cash-in- lieu for this deleted section of sidewalk, in the event sidewalk construction should be required in the future. Moved by Councillor Holland Seconded by Councillor McLean 28-30 WHEREAS the three main political parties in Ontario have now issued their policy platforms and the Tory Party platform includes a proposal to extend the force of the TaxpaFer Protection Act to municipalities; and WHEREAS "...Voter approval will be required before a municipal council introduces a new tax or increases the rate of an existing tax" ("The Road Ahead: A Fair Deal for Municipalities Policy Paper"). Further, while municipalities under the Tory proposals would be able to propose new taxes to raise money for a 'specific' program or project, rules include requirements to tax only gasoline sales, rental of hotel or motel rooms and/or the use of parking spaces. Also, the targeted program or project is required "to be clearly identified in a referendum question," with the municipality then "clearly accounting for how the new revenue was spent"; and WHEREAS this would have a significant negative effect on day-to-day operations of municipal governments, which differ greatly from that of the Province; and WHEREAS the cost of requiring a referendum in the City of Pickering is approximately $235,000 based on 2003 election expenditures and population; and WHEREAS these costs exclude additional costs related to the launching of public education programs, printing and staff time required to disseminate sufficient budget information for an informed vote on a referendum question;-and WHEREAS municipal governments are very different from the Provincial Government in a very fundamental way, since municipalities are the only 4 Council Meeting Agenda Monday, June 2, 2003 7:30 PM government level without indexed revenues. While Provincial and Federal Governments have revenues that increase over time, municipalities have no similar 'automatic' adjustment and can only increase tax rates through direction of Council (despite many costs e.g. salaries, utilities and fuel, fluctuating with inflation levels); and WHEREAS increased property values as a result of annual Province-wide reassessments do not result in increased municipal tax revenues, since tax rates are adjusted to make reassessments revenue neutral; and WHEREAS municipalities are already subject to constraints in setting property tax increases due to Provincially mandated rules regarding property tax capping regulation and policies; and WHEREAS municipalities are already required to maintain balanced budgets, and already have very significant revenues and costs that are beyond the control of the municipality, including fluctuations in Provincial and Federal subsidy levels, requirements to maintain service standards developed by the province, and significant and fluctuating GTA Pooling impacts; and WHEREAS the proposal to appoint an Ontario Municipal Services Quality Auditor to annually review the spending of large municipalities (over 50,000) and look at smaller municipalities upon request, seems to be contrary to Provincial practice, when the Province has refused previous requests from GTA partners to have a Provincial Auditory verify GTA Pooling figures and other Provincially mandated programs which significantly impact Municipal taxpayers every year; and WHEREAS the Provincial legislation (Taxpayer protection Act,. 1999 and Balanced Bud,qet Act, 1999) contains a number of exemptions for the Province, including exemptions for Federal tax law changes and revenue decreases, it is unclear whether municipalities will receive similar exemptions for budget fluctuations beyond municipal control; and WHEREAS since these Bills were proclaimed, the Province has passed legislation allowing it to override rules, so that promised income and corporate tax cuts (2202), subsequently revoked, would not be deemed to be tax increases; and 5 Council Meeting Agenda Monday, June 2, 2003 7:30 PM WHEREAS there was no indication of a referendum policy at pre-consultation meetings under the 'Memorandum of Understanding' or during discussions leading to the new Municipal Act, that resulted in stringent public notice and consultation requirements for the preparation of municipal budgets and tax rates; and WHEREAS the new Municipal Act was initially heralded by the Provincial Government as a route to greater autonomy and flexibility for Ontario municipalities and new legislation and its regulations and current election platform proposal take us farther from these goals; and WHEREAS municipalities already are accountable to constituents through regularly scheduled elections held every three years and also regularly report to constituents in a number of ways, including publication of Performance Measurement Reports, annual audited financial statements, annual remuneration and expense disclosures for elected officials and staff (over $100,000) and public meetings for financing proposals such as annual budgets and development charges; NOW THEREFORE the Council of the Corporation of the City of Pickering strongly urges the Tory Party to exclude any requirement for referendums on new taxes, tax rate increases and/or new sources of revenue, as this policy would be unnecessary, unworkable in the municipal context, not cost-justified and would have serious ramifications for municipalities trying to provide essential services to constituents, while paying for services downloaded from the Provincial Government. Further, municipalities already have very open and accountable financial and budgeting systems, MPMP reports, internal accountability measures, new Municipal Act accountability measures, and accountability requirements for grant programs that are workable. (VI) OTHER BUSINESS (VII) CONFIRMATION BY-LAW (VIII) ADJOURNMENT -6- 01 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Finance & Operations Committee dated May 26, 2003, be adopted. CARRIED: MAYOR Appendix I Finance & Operations Committee Report FOC 2003-5 That the Finance & Operations Committee, having met on May 26, 2003, presents its fifth report to Council and recommends: OPERATIONS & EMERGENCY SERVICES REPORT OES 18-03 TENDER T-6-2003 TENDER FOR STREET LIGHT MAINTENANCE That Report OES 18-03 regarding a tender for street light maintenance be received; and That Tender No. T-6-2003 submitted by Veridian Connections, for streetlight maintenance, in the amount of $360,765.75, be accepted; and 3. That staff at the City of Pickering be given the authority to give effect hereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 20-03 TENDER T-9-2003 - PAVING OF THE PICKERING RECREATION COMPLEX PARKING LOT That Report OES 20-03 regarding the Tender for the topcoat for the Parking Lot at the Recreation Complex and Road Improvements be received; and That Tender No. T-9-2003 submitted by Paveco Road Builders Corp. for Parking Lot & Road Improvements in the amount of $204,600 (7% GST extra) for a total cost of $218,922 and a net cost after G.S.T. rebate of $210,738. The Tender comprised of Recreation Complex Overlay Project Code 03- 2731-005-04, Road Rehabilitation Amberlea Road Project Code 03-2320- 010-01 and Road Rehabilitation Pickering Parkway 03-2320-010-02; be accepted; and That the total project cost of $246,207 including the tender amount, other associated project costs and a net total project cost of $237,003, be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the expenditures of the above mentioned projects as was included in the Council approved 2003 Capital Budget as follows: -5- Appendix I Finance & Operations Committee Report FOC 2003-5 Recreation Complex final topcoat parking lot (03-2731-005-04) through the Region of Durham in the amount of $75,000 for a period not to exceed five years; and Amberlea Road Rehabilitation (03-2320-010-01) debt through the Region of Durham in the amount of $48,000 for a period not to exceed 10 years; and c. Pickering Parkway Road Rehabilitation (03-2320-010-02) an internal loan in the amount of $76,000 for a period not to exceed five years; and The balance of the funding requirement for the above projects in the estimated amount of approximately $5,600 be paid from 2003 current revenues; and Financing and repayment charges in the amount of approximately ,$42,400 be included in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loans and repaid; and The Director, Corporate Services & Treasurer has certified that these loans and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2003 as established by the Province for municipalities in Ontado; and g. The Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That staff at the City of Picketing be given the authority to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 27-03 TENDER FOR ROOF REPLACEMENT - DELANEY ARENA 1. That Report OES 27-03 regarding Roof Replacement at the Delaney Arena be received; and -6- Appendix I Finance & Operations Committee Report FOC 20O3-5 That Tender No. T-8-2003 submitted by Solar Roofing & Sheet Metal Ltd. for Roof Replacement at the Delaney Arena in the amount of $179,800 (plus GST) be approved; and That the total gross project cost of $233,025 and a total net project cost of $224,314, including the tender amount and other associated costs, be approved; and a) That the Manager, Supply & Services be authorized to solicit pricing for the additional roof replacement repairs for the squash courts and maintenance corridor areas; and b) That the requirements of the Purchasing By-law be waived in this instance and the Chief Administrative Officer in conjunction with the Director, Corporate Services & Treasurer be authorized to accept a quotation and award the contract; and c) That the funding for the above expenditures be provided from the savings in the total project cost as approved under Recommendation 2 and 3 above and the amount approved in the 2003 Capital Budget (savings approximately $145,000) and the expenditure for this undertaking be financed as per Recommendation 5 below; and That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debt; and a) That debt financing not exceed the amount of $370,000 for a period not exceeding 10 years, at a rate to be determined through the Region of Durham, be approved; and b) That financing and repayment charges in the amount of approximately $50,300 be included in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loan is repaid; and c) That the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2003 as established by the Province for municipalities in Ontario; and 7 Appendix I Finance & Operations Committee Report FOC 2003-5 O5 d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. 4 PARTNERSHIP OPPORTUNITY That the confidential memorandum of the Division Head, Culture & Recreation, regarding a Partnership Opportunity dated May 26, 2003 be received; and That staff be directed to explore Option C as set out in the memorandum. 5. PICKERING SQUASH CLUB PROPOSAL That the memorandum of the Division Head, Culture & Recreation, dated May 22nd, 2003 regarding a proposal submitted by the Pickering Squash Club be received; and That Council support in principle a cost sharing partnership with the Pickering Squash Club for new doubles squash courts at the Pickering Recreation Complex. CORPORATE SERVICES REPORT CS 06-03 LEASE FINANCING POLICY That Report CS 06-03 of the Director, Corporate Services & Treasurer concerning Lease Financing Policy, be received; and That the attached Lease Financing Policy, be approved effective immediately, and That the appropriate officials of the City of Picketing be authorized to give effect thereto. -8- Appendix I Finance & Operations Committee Report FOC 2003-5 CORPORATE SERVICES REPORT CS 19-03 SECTION 357/358 OF THE MUNICIPAL ACT, 2001, AS AMENDED -ADJUSTMENT TO TAXES That Report CS 19-03 of the Director, Corporate Services & Treasurer, concerning Adjustment of Taxes, be received; and That the write-off of taxes as provided under Section 357/358 of the Municipal Act, 2001, be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CORPORATE SERVICES REPORT CS 22-03 FORMAL QUOTATIONS -QUARTERLY REPORT FOR INFORMATION That Report CS 23-03 of the Director, Corporate Services & Treasurer, concerning Formal Quotations - Quarterly Report for Information, be received and forwarded to Council for information. CORPORATE SERVICES REPORT CS 20-03 2002 PRE-AUDIT BALANCES OF RESERVES AND RESERVE FUNDS That Report CS 20-03 of the Director, Corporate Services & Treasurer, concerning 2002 Pre-Audit Balances of Reserves and Reserve Funds, be received; and That the Picketing Baseball Association Reserve Fund be closed and the attached by-law be read three times and passed; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -9- Appendix I Finance & Operations Committee Report FOC 2003-5 10. CORPORATE SERVICES REPORT CS 23-03 CASH POSITION REPORT AS AT MARCH 31, 2003 1. That Report CS 23-03 of the Director, Corporate Services & Treasurer concerning Cash Position Report as at March 31, 2003, be received for information. -10- 08 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 26, 2003 To: Bruce Taylor City Clerk FFOB: Denise Bye Coordinator, Property & Development Services Subject: Part Lot Control By-Law Serenade Homes Inc. - Blocks 1 and 2, Plan 40M- and that part of Block 11, Plan 40M-1231, Pickering, designated as Part 2, Plan 40R-21924 - File: PLC.229 The above-mentioned lands are being developed in accordance with the appropriate Agreements, Zoning By-Law and common elements condominium plan in such a manner to allow the construction of 112 dwelling units on the lands referred to above. Attached hereto is a By-law that will be registered immediately following the registration of the M-Plan and Subdivision Agreement which, when registered, will exempt these lands from the part lot control provisions of the Planning Act thus allowing 112 units to be created on parcels of tied lands ('potls') and the transfer of those potls into separate ownership. This By-law and a location map are attached for the consideration of City Council at its meeting scheduled for June 2, 2003. DB:bg Attachments Denise Bye THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 61 41/03 Being a By-law to exempt' Blocks 1 and 2, Plan 40M- , and that part of Block 11, Plan 40M-1231, Pickering, designated as Part 2, Plan 40R-21924 from the part lot control provisions of the Planning Act. WHEREAS Serenade Homes Inc., the owner of Blocks 1 and 2, Plan 40M- and Block 11, Plan 40M-1231, intends to obtain approval of and register a common elements condominium plan; AND WHEREAS the proposed common elements condominium plan is to consist of 112 residential units; AND WHEREAS it is intended that the owner or owners of each of the 112 dwelling units will own the potl on which his, her or their dwelling is located in fee simple, and will also be a member or members of the common elements condominium corporation; AND WHEREAS it is intended that the potls on which the 112 dwellings are to be constructed will be subdivided by means of an exemption from the part lot control provisions of the Planning Act, R.S.O. 1990, chapter P.13; NOW THEREFORE, the Council of The Corporation of the City of Pickering ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to apply to Blocks 1 and 2, Plan 40M- and that part of Block 11, Plan 40M-1231, designated as Part 2, Plan 40R-21924 upon: (a) registration of this By-law in the Land Registry Office for the Land Titles Division of Durham (No. 40); and (b) registration of a restriction, pursuant to Section 118 of the Land Titles Act, R.S.O. 1990, chapter L.5, requiring the consent of the Solicitor for The Corporation of the City of Pickering to the registration of any transfer or charge of Blocks 1 and 2, Plan 40M- and Block 11, Plan 40M-1231, or any part or parts thereof in the Land Registry Office for the Land Titles Division of Durham (No. 40). This By-law shall remain in force and effect for a period of two years from the date of the passing of this By-law and shall expire on June 2, 2005. BY-LAW read a first, second and third time and finally passed this 2nd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk City of Pickering Planning & Development Department PROPERTY DESCRIPTION BLOCKS I & 2, PLAN 40M-XXXX, AND PART BLOCK 11, PLAN 40M-1231, DESIGNATED AS PART 2, PLAN 40R-21924 ~ OWNER SERENADE HOMES INC. DATE MAY 1, 2003 DRAWN BY JB APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-8 PA- PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 26, 2003 To: Bruce Taylor City Clerk From: Denise Bye Coordinator, Property & Development Services Subject: Request for Part Lot Control By-Law - Silver Lane Estates Inc. - Lots 1 to 20, inclusive, Blocks 35, 38 and 40 to 45, inclusive, Plan 40M-2119 - File: PLC.40M-2119 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on the lots and blocks referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. This By-law is attached for the consideration of City Council at its meeting scheduled for June 2, 2003. DB:bg Attachments Denise Byg THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6142/03 Being a By-law to exempt Lots 1 to 20, inclusive, Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan 40M-2119, Pickering, from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the By-law; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Lots 1 to 20, inclusive, Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan 40M-2119, Pickering. This By-law shall remain in force and effect for a period of one year from the date of the passing of this By-law and shall expire on June 2, 2004. BY-LAW read a first, second and third time and finally passed this 2nd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk GATE PLAN 40M-2119 z w o w FOXWOOD PINEVIEW LANE AUTUMN CRES. C.N.R. City of Pickenng SHEPPARD AVENUE Planning & Development Department PROPERTY DESCRIPTION LOTS 1-20, BLOCKS 35,38, 40-45, PLAN 40M-2119 DATE MAY 13, 2003 DRAWN BY JB ~/~ OWNER SILVER LANE ESTATES INC. N APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-10 PA- 14 PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM May 26, 2003 To: Bruce Taylor City Clerk From: Denise Bye Coordinator, Property & Development Services Subject: Part Lot Control By-Law - 974582 Ontario Ltd. - Blocks 1,2 and 3, Plan 40M-2149 - File: PLC.40M-2149 The above-mentioned lands are being developed in accordance with the appropriate Subdivision Agreement and Zoning By-Law in such a manner to allow more than one dwelling unit to be constructed on the Blocks referred to. Attached hereto is a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those units into separate ownership. This By-law is attached for the consideration of City Council at its meeting scheduled for June 2, 2003. DB:bg Attachments Denise Bye t THE CORPORATION OF THE CITY OF PICKERING BYLLAW NO. R1 Being a By-law to exempt Blocks 1, 2 and 3, Plan 40M-2149, Pickering, from part lot control. WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990, chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of the Act does not apply to certain lands within a plan of subdivision designated in the By-law; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to the lands described as follows: Blocks 1,2 and 3, Plan 40M-2149, Pickering. This By-law shall remain in force and effect for a period of one year from the date of the passing of this By-law and shall expire on June 2, 2004. BY-LAW read a first, second and third time and finally passed this 2nd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk AVE. PLACE ILONA PARK ROAD COMMERCE ANNLAND LUNA CRT. FOXGLOVE AVENUE DRIVE STREET BROADVIEW STREET STREET BOULEVARD SHEARER L~,4E WHARF STREET --,PLAN 40M-2149 City of Pickering Planning & Development Department PROPERTY DESCRIPTION BLOCKS 1, 2 & 3, PLAN 40M-2149 OWNER 974582 ONTARIO LTD. DATE MAY 13, 2003 APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-3 PA- THE CORPORATION OF THE CITY OF PICKERING ~_ 7 BY-LAW NO. 6144/03 Being a by-law "to amend By-law 2359/87 regulating parking, standing and stopping on highways and on private and municipal property". WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, sections 218.52, 210.73, 210.123-126,210.131,310,314.7 and 314.8, the Council of the Corporation of the City of Pickering enacted By-law 2359/87 regulating parking, standing and stopping on highways and on private and on municipal property; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Schedule B to By-law 2359/87, as amended, is hereby amended by deleting therefrom the following items: Hiqhway Side Liverpool Road East Between/And Prohibited Times and Days Bushmill Street/Linwood 8:00 a.m. to 9:00 a.m. Street and south limit of and 3:00 p.m. to 4:00 Ontario Hydro Corridor p.m., Monday to Friday Annland Street East and North Liverpool Road and Krosno See Note 1 Boulevard Schedule B to By-law 2359/87, as amended, is hereby amended by adding thereto the following items: Highway Side Between/And Prohibited Times and Days Wildwood Crescent East and 104 meters southwest to 143 South meters southwest of Major Oaks Drive, See Note 1 South and West 87 meters east of Wildwood Crescent to 118 meters east of Wildwood Crescent, See Note 1 East and 218 meters southeast of North Wildwood Crescent to 245 meters southeast of Wildwood Crescent, See Note 1 North and 308 meters southeast of West Wildwood Crescent to 398 meters southeast of Wildwood Crescent See Note 1 Liverpool Road East Bushmill Street/Linwood 7:30 a.m. to 4:30 p.m., Street and south limit of Monday to Friday, Ontario Hydro Corridor September 1st to June 30th Vistula Drive North and West Shore Blvd to 20 See Note 1 South meters east of West Shore Blvd Annland Street North and Liverpool Road to Broadview See Note 1 West Street Annland Street East 230 meters east of Liverpool See Note 1 Road to Krosno Blvd BY-LAW read a first, second and third time and finally passed this 2nd day of June 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6145/03 Being a by-law to repeal By-law no. 5761/00 which was to establish and maintain a Reserve Fund for the construction of the Brockridge Park Clubhouse. WHEREAS the City of Picketing passed By-Law 5761/00 to establish and maintain a Reserve Fund for the construction of the Brockridge Park Clubhouse. WHEREAS the construction of the clubhouse is completed, there are no monies remaining in the Reserve Fund and the Reserve Fund has served its intended purpose and can now be closed. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the Reserve Fund to be known as the Brockridge Park Clubhouse Trust be closed. 2. That By-law 5761/00 be repealed. That this By-law shall come into effect upon the date of the final passing thereof. BY-LAW read a first, second and third time and finally passed the 2® day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAWNO.6146/03 Being a by-law to amend By-law Number 425/76 respecting residential fences and swimming pool enclosures in the City of Pickering. WHEREAS the Council of the Corporation of the City of Picketing enacted By-law Number 425/76 on July 5, 1976 respecting residential fences and swimming pool enclosures in the City of Pickering; and WHEREAS it is deemed expedient to amend that By-law to allow staff to approve variances to any section of that By-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 10(1) of By-law Number 425/76 is hereby deleted and the following is substituted therefore: 10(1) Any person, being the occupier or owner of land in the City of Pickering, may apply to the Municipal Law Enforcement Officer of the City for permission to exceed any of the requirements set out in this By-law, and if the Officer is satisfied that the proposed application is reasonable and does not contravene the purpose and intent of the provisions of this By- law, then the Officer may grant such permission, in whole or in part, conditionally or unconditionally, as is deemed adviseable. BY-LAW read a first, second and third time and finally passed this 2nd day of June, 2003. Wayne Arthurs, Mayor Bruce Taylor, Clerk NOTICE OF MOTION DATE: MAY 20, 2003 MOVED BY: COUNCILLOR RYAN SECONDED BY: COUNCILLOR MCLEAN WHEREAS the Highway Traffic Act states that the statutory speed limit on all urban roads shall be 50 kilometers per hour unless set otherwise by by-law and posted by the municipality that has jurisdiction over such roads; and WHEREAS the Council of the Corporation of the City of Pickering enacted By-law Number 264/75 on July 21, 1975 that lowered the speed limit on all existing residential and collector roads south of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the speed limit on other roads north of Highway 401 from 50 kilometers per hour to 40 kilometers per hour; and WHEREAS the 40 kilometer per hour speed limit has worked very well in the Bay Ridges and West Shore communities since 1975; and WHEREAS a speed limit of 50 kilometers per hour on residential streets is not conducive to safe pedestrian activities because motorists tend to drive at least 10 kilometers per hour over the posted speed limit; ?.2 NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will lower the speed limit on all local and collector roads in accordance to Pickering's Official Plan under the jurisdiction of the City of Picketing from 50 kilometers per hour to 40 kilometers per hour; and FURTHER THAT said by-law be a consolidated by-law indicating the maximum rates of speed for all highways under the jurisdiction of the City of Pickering and be presented to Council no later than September 15, 2003. CARRIED: Btaylor:Notices of Motion:40 kph Speed Limit MAYOR 23 NOTICE OF MOTION DATE: June 2, 2003 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR MCLEAN WHEREAS City Council passed Resolution #77/00 on May 15, 2000 establishing conditions of approval for draft plan of subdivision 18T-99015 (Garthwood Homes - now 40M-2023) proposing 24 lots for detached dwellings on Spartan Court; and WHEREAS one of the conditions of draft approval included a requirement for the construction of a sidewalk on the south and east sides of Spartan Court; and WHEREAS a petition has been received by the City signed by a majority of residents on Spartan Court requesting that a sidewalk not be constructed on the east side of Spartan Court; and WHEREAS a sidewalk along the majority of the east side of Spartan Court is not considered necessary for the safety of residents and pedestrians; NOW THEREFORE the Council of the Corporation of the City of Pickering: hereby directs that the City's sidewalk requirements respecting Plan 40M-2023 be revised to delete the requirement for a sidewalk across the frontage of Lots 3 to 14 inclusive, as illustrated on Schedule 1 to this resolution; hereby directs that sidewalks remain in place to provide safe pedestrian access along the future pedestrian route linking Rambleberry Avenue to Appleview Drive; hereby directs that the developer be required to provide the City with cash-in-lieu for this deleted section of sidewalk, in the event sidewalk construction should be required in the future. CARRIED: MAYOR ' ~4 SCHEDULE 1 TO NOTICE OF MOTION 22 21 2 3 15 9 10 11 14 12 13 City of Pidkering MAY 15, 2005 teronet~worklng~sp(3rt(3n crt sidewolk.dwg Planning & Development Department EXISTING SIDEWALK TO REMAIN EXISTING SIDEWALK TO BE REMOVED PROPOSED SIDEWALK AND WALKWAY SIDEWALK NOT TO BE INSTALLED FUTURE TRAIL April ,2003 To: Mark Holland, Regional Councilor Ward 2 Bill Ward, Local Councilor Ward 2 Bob Start, Development Controls Supervisor We the undersigned owners/purchasers ofthe'km~s on the east side of Spartan Court in the Appleview Heights Subdivision Plan 40M-2023 do hereby petition to have the requiren~nt for the proposed sidewalk that the builder is to install on the east side of Spartan Court fronting lots 1 to 14 removed from the Subdivision Agreement between the builder, Garthwood Homes Ltd, and the City of Picketing for the following reasons: 1. Spartan Court is a dead end road with only one access. It ~xtencls from Appleview Rd and ~ads in a cul-de-sac. The only traffic coming into the subdivision, once construction is completed, will be the residents who hve on the street and our families and friends. Since this is not a through road, a sidewalk is not required for the safety of pedestrians when compared to Appleview Rd and mo~ other roads that are not dead end roads. 2. The absence of the sidewalk will allow for additional vehicles to park in-the driveways. This will decrease the number of cars that have to park on the street. The result will be less obstruction on the street for people backing out of their driveways and better access for emergency vehicles. 3. There is no sidewalk on either side of Appleview Road, which is a busier road than Spartan Court There is also no sidewalk on the west side of Appleview Court fronting lots 15 to 22. We wish to maintain the character of Applexfiew Road by also not having sidewalks on Spartan Court. 25 LOT MUNICIPAL ADDRESS NAME SIGNATURE 1 1777 Spartan Court Nick & Farah Preston ~2::~,~.. 2 1775 Spartan Court Ma~on Harvey & Florette Bagnold 3 1773 Spartan Court ~,~itPJohnson 4 1771 Spartan Court John Lazar/dis 5 1769 Spartan Court Nick Lazaridis ~. o 7 1765 Spartan Court Lynch & Donald K~nnedy 8 1763 Spartan Court Winston & Carlene Ledwidge 9 1761 Spartan Court Tanya & Eric Mclmtyre 10 17~9 Spartan Court Tony & Louella Difrancesco t~, 12 1755 Spartan Court Hasan Tannir & Hahed A Baba ~ 13 1757 Spartan Court Esther & Steve Kotaridis './i! ] / . 14 1759 Spartan Court Richard Price & Kim McLaughlin-Price ~ 1758 , Spartan Court 16 1760 Spartan Court 1--~ 1762 Spartan Court -- 18 1764 Spartan Court - 19 1766 . Spa..nan Ct, urt - 20 1768 Spa~tan Court --21 1770 Spartan tjourt - 22 1772 Spartan Court 2---~ 1780 Spartan Court - 24 1782 Spa~ )on & Ann Popow . Lantz Sara & John Janevski Jim Bradley John Lazaridis (Carthwood) Chxistos & Maria Lazafidis &C )eborah Brown Albert Kasumi & House 1777 1775 1773 1771 1769 1767 1765 1763 1761 1759 1757 1755 1753 1758 1760 1762 1764 1766 1768 1770 1772 1780 1782 SPARTAN COURT FAMILY LISTING Lot . 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 Nick & Far-ah Preston Don & Lynda 'K~nnedy Winston & Caflene Ledwidge Tonya & Eric Mclntyre Tony & Louella DiFrancesco Wayne & Pat Burns Hassan & Nahed Tannir Mohamad & Nouha Baba Steve & Esther Kotaridis Don & Ann Sarah & Calvin Lantz Shelli & John Janevski Linda & Jim Bradley & Papa Cora & Dave Partridge David & Deborah Dunn Albert & Terrianne Katsumi Nels & Roy Teigen Kids_ Maya Jake Alexa Shaun Nady, Nader Nicholas, Alexandm Alexis, Asia, Alora Taylor, Joshua Jennifer Riley, Davis Phone ~ 905-421-0204V/ 905-420-9631V~. 905.-831-2821,./ 905..831-,3272~"/ 905-831-0381V 905--831--3745v/r/ 905-837-5632 905-831-2540~' 905-420-9722 905-837-3018 905-839-8000'~// 9o5-839-o223V 905-839-0419/ 905-831-5577 905-831--6902V'"' 905-839:23~ NOTICE OF MOTION DATE: JUNE 2, 2003 MOVED BY: COUNCILLOR HOLLAND SECONDED BY: COUNCILLOR MCLEAN WHEREAS the three main political parties in Ontario have now issued their policy platforms and the Tory Party platform includes a proposal to extend the force of the Taxpayer Protection Act to municipalities; and WHEREAS "...Voter approval will be required before a municipal council introduces a new tax or increases the rate of an existing tax" ("The Road Ahead: A Fair Deal for Municipalities Policy Paper"). Further, while municipalities under the Tory proposals would be able to propose new taxes to raise money for a 'specific' program or project, rules include requirements to tax only gasoline sales, rental of hotel or motel rooms and/or the use of parking spaces. Also, the targeted program or project is required "to be clearly identified in a referendum question," with the municipality then "clearly accounting for how the new revenue was spent"; and WHEREAS this would have a significant negative effect on day-to-day operations of municipal governments, which differ greatly from that of the Province; and WHEREAS the cost of requiring a referendum in the City of Picketing is approximately $235,000 based on 2003 election expenditures and population; and WHEREAS these costs exclude additional costs related to the launching of public education programs, printing and staff time required to disseminate sufficient budget information for an informed vote on a referendum question; and WHEREAS municipal governments are very different from the Provincial Government in a very fundamental way, since municipalities are the only government level without indexed revenues. While Provincial and Federal Governments have revenues that increase over time, municipalities have no similar 'automatic' adjustment and can only increase tax rates through direction of Council (despite many costs e.g. salaries, utilities and fuel, fluctuating with inflation levels); and WHEREAS increased property values as a result of annual Province-wide reassessments do not result in increased municipal tax revenues, since tax rates are adjusted to make reassessments revenue neutral; and WHEREAS municipalities are already subject to constraints in setting property tax increases due to Provincially mandated rules regarding property tax capping regulation and policies; and WHEREAS municipalities are already required to maintain balanced budgets, and already have very significant revenues and costs that are beyond the control of the municipality, including fluctuations in Provincial and Federal subsidy levels, requirements to maintain service standards developed by the province, and significant and fluctuating GTA Pooling impacts; and WHEREAS the proposal to appoint an Ontario Municipal Services Quality Auditor to annually review the spending of large municipalities (over 50,000) and look at smaller municipalities upon request, seems to be contrary to Provincial practice, when the Province has refused previous requests from GTA partners to have a Provincial Auditory verify GTA Pooling figures and other Provincially mandated programs which significantly impact Municipal taxpayers every year; and WHEREAS the Provincial legislation (Taxpayer protection Act, 1999 and Balanced Bud.qet Act, 1999) contains a number of exemptions for the Province, including exemptions for Federal tax law changes and revenue decreases, it is unclear whether municipalities will receive similar exemptions for budget fluctuations beyond municipal control; and WHEREAS since these Bills were proclaimed, the Province has passed legislation allowing it to override rules, so that promised income and corporate tax cuts (2202), subsequently revoked, would not be deemed to be tax increases; and WHEREAS there was no indication of a referendum policy at pre-consultation meetings under the 'Memorandum of Understanding' or during discussions leading to the new Municipal Act, that resulted in stringent public notice and consultation requirements for the preparation of municipal budgets and tax rates; and 3 WHEREAS the new Municipal Act was initially heralded by the Provincial Government as a route to greater autonomy and flexibility for Ontario municipalities and new legislation and its regulations and current election platform proposal take us farther from these goals; and WHEREAS municipalities already are accountable to constituents through regularly scheduled elections held every three years and also regularly report to constituents in a number of ways, including publication of Performance Measurement Reports, annual audited financial statements, annual remuneration and expense disclosures for elected officials and staff (over $100,000) and public meetings for financing proposals such as annual budgets and development charges; NOW THEREFORE the Council of the Corporation of the City of Pickering strongly urges the Tory Party to exclude any requirement for referendums on new taxes, tax rate increases and/or new sources of revenue, as this policy would be unnecessary, unworkable in the municipal context, not cost-justified and would have serious ramifications for municipalities trying to provide essential services to constituents, while paying for services downloaded from the Provincial Government. Further, municipalities already have very open and accountable financial and budgeting systems, MPMP reports, internal accountability measures, new Municipal Act accountability measures, and accountability requirements for grant programs that are workable. CARRIED: Btaylor:Notices of Motion:Taxpayer Protection Act MAYOR