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HomeMy WebLinkAboutFebruary 21, 2005 Council Meeting Agenda Monday, February 21, 2005 7:30 PM (i) INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of February 7, 2005 1. DELEGATIONS Barbara Lawson, 616 Creekview Circle, will address Council concerning the Parking By-law. (IV) 1. RESOLUTIONS To adopt the Executive Committee Report, Appendix I, dated February 14, 2005. (V) BY-LAWS By-law Number 6458/05 Being a by-law to dedicate Block 44, Plan 40M-1745, Pickering as public highway. By-law Number 6459/05 Being a by-law to amend By-law Number 5943/02 for prescribing standards for the maintenance and occupancy of property within the City of Pickering. By-law Number 6460/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road). 1-17 PAGE 18-23 24-26 27 28 -1- Council Meeting Agenda Monday, February 21, 2005 7:30 PM By-law Number 6461/05 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 6300~04. By-law Number 6462~05 Being a by-law to assume the roads and/or services within Plan 40M- 1651, Plan 40M-1662, Plan 40M-1782 and Plan 40M-1792 (save and except Blocks 32 and 33), under the jurisdiction of the City of Pickering. By-law Number 6463/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6464/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1651, Pickering, from title. By-law Number 6465/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1662, Pickering, from title. By-law Number 6466~05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1782, Pickering, from title. By-law Number 6467~05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1792, Pickering, from title. 29-44 45 46 47 48 49 5O -2- Council Meeting Agenda Monday, February 21, 2005 7:30 PM By-law Number 6468/05 Being a by-law to assume the roads and/or services within Plan 40M- 1561, Plan 40M-1562 (save and except Block 25) and Plan 40M-1563, under the jurisdiction of the City of Pickering. By-law Number 6469/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6470/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and amending Agreement from title respecting Plan 40M- 1561, Pickering. By-law Number 6471/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1562, Pickering, from title. By-law Number 6472/05 Being a by-law to authorize the release and removal of the Subdivision Agreement and amendment thereto from title respecting Plan 40M-1563, Pickering. By-law Number 6473/05 Being a by-law to dedicate Blocks 86, 87, 88 and 90, Plan 40M-1526, Pickering as public highways. By-law Number 6474/05 Being a by-law to assume the roads as public highways and the services within Plan 40M-1526 (save and except Block 84) and Plan 40M-1535 (save and except Block 40), under the jurisdiction of the City of Pickering. 51 $2 53 54 55 56 57 -3- Council Meeting Agenda Monday, February 21, 2005 7:30 PM By-law Number 6475/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6476/05 Being a by-law to authorize the release and removal from title of the Subdivision Agreement (save and except from Block 84) relating to Plan 40M-1526, Pickering, and all related amending agreements. By-law Number 6477/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1535, Pickering, from title. By-law Number 6478/05 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 2, Plan 12, in the City of Pickering. (A 6/04) By-law Number 6479/05 Being a by-law to dedicate Block 64, Plan 40M-1700, Pickering as public highway (Pine Grove Avenue). By-law Number 6480/05 Being a by-law to assume the roads and/or services within Plan 40M-1682 (save and except Blocks 37 and 43 to 46), Plan 40M-1700 (save and except Blocks 65 to 67 and 69), Plan 40M-1892( save and except Blocks 20 to 26 and 30) and Plan 40M-1957, under the jurisdiction of the City of Pickering. By-law Number 6481/05 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. 58 59 6O 61 62 63 64 -4- Council Meeting Agenda Monday, February 21, 2005 7:30 PM By-law Number 6482/05 65 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement from title respecting Plan 40M-1682 (save and except from Block 37), Pickering. By-law Number 6483/05 66 Being a by-law to authorize the release and removal from title of the Subdivision Agreement and related amending agreements respecting Plan 40M-1700 (save and except from Block 69), Pickering. By-law Number 6484/05 67 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1892 (save and except from Blocks 20 to 26), Pickering. By-law Number 6485/05 68 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1957, Pickering, from title. By-law Number 6486/05 69-70 Being a by-law to regulate the use of searchlights in the City of Pickering. By-law Number 6487/05 71-96 Being a by-law to adopt a Policy respecting the Acquisition and Disposal of Land within the City of Pickering, Regional Municipality of Durham. (VI) OTHER BUSINESS (VII) CONFIRMATION BY-LAW (VIII) ADJOURNMENT -5- PICKi :i4iNG Council Meeting Minutes Monday, February 7, 2005 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: E. Buntsma N. Carroll G. Paterson B. Taylor T. Melymuk C. Rose D. Watrous - Chief Administrative Officer (Acting) and Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Corporate Projects & Policy - Manager, Policy - Committee Coordinator (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Special Meeting of January 10, 2005 Regular Meeting of January 17, 2005 Special Meeting of January 29, 2005 -1- Council Meeting Minutes Monday, February 7, 2005 7:30 PM (111) 1. DELEGATION The following persons addressed Council with respect to the proposed Greenbelt legislation: a) Don Beach, representing himself and various residents of Greenwood, stated their opposition to Greenwood and Area being included in the Greenbelt. He requested that Council not ask the Ministry of Municipal Affairs & Housing to include any land in the Greenwood area in the Greenbelt designation. He stated that the City of Pickering's existing Official Plan is a sufficient control measure to protect the Hamlet of Greenwood and surrounding area as a rural community and an area for controlled future development. He asked Council also to protect the City of Pickering's planning jurisdiction over the Hamlet of Greenwood and surrounding area. b) Bill and Ann Clancey, 49 5th Conc., Ajax, advised that they own the property at 2715 Conc. 6 Road and are in opposition to the staff report or the Greenwood & Area Ratepayers Association (GAP, A) recommendation. She stated that the three concepts set out are not supported by most landowners and if her property is within the Greenbelt, it will be expropriated without compensation. c) Greg Daley, representing Berrywood Farm Inc., stated that the Greenbelt Plan is not supported by technical review and changes to the Greenbelt line are needed. d) Mr. Letterer, lawyer for Berrywood Farms, stated their surprise and dismay at the Greenbelt Plan, which suggests the City give up their planning authority to the Province. They are hopeful that Council will reject this proposal and respect the Iroquois Shoreline. e) May Winter, 80 Taunton Rd. E., Ajax, stated her opposition to the Greenbelt Plan. f) Mr. Middleton spoke on behalf of and distributed copies of a letter from Seon-Jo Lee, 2730 Conc. 6. Mr. Lee advised that the Greenwood & Area Ratepayers Association did not consult with them concerning the Greenbelt Plan and should not decide the future of their property. -2- Council Meeting Minutes Monday, February 7, 2005 7:30 PM g) Joel Dahl, 2745 Conc. 6, requested Council reject the recommendation by Planning staff. He advised that the comments of GARA do not represent all the residents in Greenwood. h) William A. Brown, 3230 Salem Rd., questioned if Planning staff worked with GARA to bring in the lands to the east. He stated his opposition to the Planning Report. i) John Wager, 2378 Conc. 6, representing Greenwood & Area Ratepayers Association, congratulated Planning staff on their Addendum to the Report. He stated their support and encouraged Council .to adopt the Planning recommendations and also to work in the area if adopted by Province. He advised that GARA supports development and 25% growth in the area. J) Alex Artuchov, representing Bitondos, advised that Greenbelt legislation will erode the value of farming. He stated that development options must be kept open due to the 407, airport, etc. There are sufficient local planning controls without expanding the Greenbelt into Greenwood. The following persons addressed Council with respect to the proposed airport: a) David Grey-Eagle Sandford, Director, Wapiti Alliance, stated that the aboriginals have not been consulted. He stated their opposition to any desecration of burial sites in Seaton or airport lands. b) Harvey Kirsch, 83 Seaforth Avenue, Toronto, stated his concern that First Nations do not enjoy the same rights as others and that native burial grounds are not being protected or respected. (IV) RESOLUTIONS Resolution #24105 Moved by Councillor Dickerson Seconded by Councillor Ashe That the Report of the Executive Committee EC 2005-02, dated January 24, 2005, be adopted as amended. CARRIED AS AMENDED -3- PICK EI,(]-NG Council Meeting Minutes Monday, February 7, 2005 7:30 PM Councillor Ashe declared an interest in Item #1 concerning Sean Regan Development as a family member may have a financial stake in this development. Council considered the following motion in conjunction with the above resolution: Resolution #24/05(a) Moved by Councillor Dickerson Seconded by Councillor Brenner That Item #1 of the Executive Developments be tabled. Report EC 2005-02 concerning Sean Regan CARRIED Resolution #25105 Moved by Councillor Johnson Seconded by Councillor Ashe 1. That Pickering Council RECEIVE Addendum to Report PD 47-04 relating to the draft Greenbelt Plan for the northeast sector of Pickering; 2. That Pickering Council REQUEST the Minister of Municipal Affairs and Housing to: (a) include in the Greenbelt Plan, revisions proposed by the Ministry of Municipal Affairs and Housing staff clarifying that property owners within the hamlets will be governed by the traditional planning controls of the provincial policy statement, local and regional official plans and zoning, rather than the restrictive policies of the draft Greenbelt Plan; and (b) to remove the entire Hamlet of Greenwood from the Greenbelt legislation; and (c) revisit the Greenbelt boundary line from Greenwood Road to Sideline 4 to accurately reflect the scientific limit of the Lake Iroquois Shoreline to include lands below the Shoreline within the Greenbelt, including that small section of Carruthers Creek valley south of Hwy. #7 that is part of the Lake Iroquois Shoreline; and (d) circulate any new revisions to the boundaries for the Greenbelt Plan to municipalities prior to approving the Greenbelt Plan; and -4- Council Meeting Minutes Monday, February 7, 2005 7:30 PM o (e) provide financial programs to support the ongoing viability of agriculture in the Greenbelt Area; and That the Council of The Corporation of the City of Pickering hereby endorses the Ontario Federation of Agriculture position and request the Province to postpone implementation of the Greenbelt Act to provide further consultation with the farming community; and That the City Clerk FORWARD a copy of Addendum to Report PD 47-04 to the Minister of Municipal Affairs and Housing, the Region of Durham; and the Toronto and Region Conservation Authority. CARRIED AS AMENDED Recorded Vote on Motion as Amended: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, Ryan McLean, Pickles and Council considered the following motion in conjunction with the above resolution: Mayor Resolution #25/05(a) Moved by Councillor Dickerson Seconded by Councillor Ashe That Item #2(c) be replaced to read 'revisit the boundary line from Greenwood Road to Sideline 4 to accurately reflect the scientific limit of the Lake Iroquois Shoreline to include lands below the Shoreline with the Greenbelt including that small section of Carruthers Creek valley south of Hwy. #7 that is part of the Lake Iroquois Shoreline; and' CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan Resolution #25105(b) Moved by Councillor Brenner Seconded by Councillor McLean 5 0 o Council Meeting Minutes Monday, February 7, 2005 7:30 PM That Item #2(f) be added to read 'that Council of The Corporation of the City of Pickering hereby endorses the OFA position and request the Province to postpone implementation of the Greenbelt Act to provide further consultation with the farming community; and CARRIED Recorded Vote: Yes: Councillors Ashe, Brenner, Dickerson, Johnson, McLean, Pickles and Mayor Ryan Resolution #25105(c) Moved by Councillor Pickles Seconded by Councillor Brenner That Item ~.4 be added to read 'That staff review the Pleasant Growth Study to give consideration to reactivate the process/study when deemed appropriate. LOST Recorded Vote: Yes: Councillors Brenner, Johnson and Pickles No: Councillors Ashe, Dickerson, McLean and Mayor Ryan Resolution #26105 Moved by Councillor Pickles Seconded by Councillor Johnson That Report CAO 04-05 concerning peer review funding for the Greater Toronto Airports Authority's (GTAA's) Pickering Airport Draft Plan and updated Financial Assessment Analysis, be received; and 2. That Council direct staff to pursue Peer Review Funding with the Federal Government and be brought back to the March 21 st Council Meeting. CARRIED AS AMENDED -'6- Council Meeting Minutes Monday, February 7, 2005 7:30 PM 07 Council considered the following motion in conjunction with the above resolution: Resolution #26105(a), Moved by Councillor Pickles Seconded by Councillor Johnson That Item #2 be amended to read 'That Council direct staff to pursue Peer Review Funding with the Federal Government and be brought back to the March 21st Council Meeting'. CARRIED Resolution #27105 Moved by Councillor Dickerson Seconded by Councillor McLean 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator, be received; and That Quotation No. Q-41-2004 submitted by Amaco Construction Equipment for the supply and delivery of a Gradall Model 4100 Telescopic Boom Excavator with the specified attachments in the amount of $325,100 (GST and PST extra) be accepted; and 3. That the total purchase cost of $373,865.00 and a net purchase cost of $351,108.00 including specified attachments for the equipment be approved; and That the total revised funding of $351,108 with $288,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $108 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $288,000 for a period not exceeding 5 years, at a rate to be determined be approved; and b) That financing and repayment charges in the amount of $78,955 for both the external debt and internal loan be included in the annual current budget for the -7- 08 Council Meeting Minutes Monday, February 7, 2005 7:30 PM c) City of Pickering commencing in 2005 an continuing thereafter until the loan is repaid; and ' That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and e) That staff forward the present equipment to auction; and 6. That staff at the City of Pickering be given the authority to give effect hereto. CARRIED AS AMENDED Recorded Vote On Motion as Amended: Yes: Councillors Ashe, Brenner, Dickerson, Johnson and McLean No: Councillor Pickles and Mayor Ryan Council considered the following motion in conjunction with the above resolution: Resolution #27105(a), Moved by Councillor Johnson Seconded by Councillor McLean That Item #5(e) be added to read 'that staff forward the present equipment to auction; and CARRIED Resolution #28105 Moved by Councillor Dickerson Seconded by Councillor Ashe WHEREAS it is the stated objective of every publicly elected body of representatives in Canada to provide for their constituents a safe, timely, efficient and environmentally responsible form of public transportation; and -8- Council Meeting Minutes Monday, February 7, 2005 7:30 PM 09 WHEREAS through many years of evolution it is now the general rule that here in Ontario, the Provincial Government controls the use of rail transportation (i.e. GO Transit) and the individual municipalities provide bussing (i.e. APTA); and WHEREAS through years of Provincial downloading and abandoning bus purchase subsidies to municipalities plus ever increasing Provincial charges to those same municipalities to subsidize GO Transit for which the newly minted Gas Tax Rebate comes nowhere close to significantly closing the financial gap the Province created in the first place; and WHEREAS all environmentally conscious residents and responsible elected officials clearly wish for more passengers using public means as their preferred choice of transportation thus gaining the added benefit of eliminating thousands of polluting vehicles from our already overcrowded highways; and WHEREAS trends have shown that as the cost of using a personal vehicle has steadily increased, so has the cost of using public transportation both at the fare box and in the municipal taxes which are invested in rolling stock, operational centres and employees; and WHEREAS a new approach involving the Provincial Government and the Federal Government needs to be accommodated in order to convince residents that the use of public transportation can also translate into a personal tax saving; NOW THEREFORE the Council of The Corporation of the City of Pickering hereby requests the Hon. Ministers of Finance for the Province of Ontario and the Government of Canada, and the Policy Section of the Association of Municipalities of Ontario (AMO), the consider a change to Provincial and Federal income tax rules which would allow 100% of the costs of using public transportation to be fully income tax deductible with the stated vision to further assisting the process of moving people from cars to comfort; from a stressful hassle to a relaxing experience; from polluting our environment to being a champion of it; for choosing - "The Better Way"; and FURTHER THAT copies of this resolution be forwarded to: Dan McTeague, MP, Pickering-Scarborough East Mark Holland, MP, Aja×-Pickering Judi Longfield, MP, Whitby-Oshawa Colin Carrie, MP, Oshawa Barry Devolin, MP, Haliburton-Kawartha Lakes-Brock Bev Oda, MP, Durham -9- Council Meeting Minutes Monday, February 7, 2005 7:30 PM · Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge · Jim Flaherty, MPP, Whitby-Ajax · John O'Toole, MPP, Durham · Jerry Ouellette, MPP, Oshawa · Laurie Scott, MPP, Haliburton-Victoria-Brock CARRIED (V) BY-LAWS That Councillor Dickerson, seconded by Councillor Brenner, took leave to introduce by- laws of the City of Pickering: By-law Number 6454/05 Being a by-law to authorize the execution of an Amending Advertising Agreement between the City and Futuresign Multimedia Displays for the right to sell advertising space at the Pickering Recreation Complex and Don Beer Arenas. By-law Number 6455/05 Being a by-law to authorize the execution of a Lease Agreement between Horizon House Where Heaven and Earth Meet and The Corporation of the City of Pickering respecting Green River Community Centre (February 1, 2005 to January 31, 2006). By-law Number 6456/05 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road and 726 Kingston Road. CARRIED THIRD READING: Councillor Dickerson, seconded by Councillor Brenner, moved that By-law Numbers 6454/05, 6455/05, and 6456/05, 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 affi×ed thereto. CARRIED -10- PICKH ING Council Meeting Minutes Monday, February 7, 2005 7:30 PM (VI) OTHER BUSINESS 1. Councillor McLean thanked Council, the News Advertiser and others for their support of the Tsunami fundraiser. 2. Councillor Brenner stated that the Regional Chair advised that triple majority will be achieved with respect to Regional Transit. 3. Councillor Dickerson stated his desire to reopen the transit issue for renegotiation. 4. Councillor Dickerson questioned the status of the draft report on the alerting system and stated that only one siren is required at OPG and one in the west industrial area. 5. Councillor Johnson advised of the Claremont Winter Carnival this weekend. 6. Mayor Ryan acknowledged the good work of staff at the United Way event and congratulated Marisa Carpino on her award. (VII) CONFIRMATION BY-LAW By-law Number 6457105 Councillor Brenner, seconded by Councillor McLean, 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 Meeting of February 7, 2005. CARRIED ADJOURNMENT The Meeting adjourned at 11:50 pm. DATED MAYOR CITY CLERK -11 - PICKERING Appendix I Executive Com m ittee Report EC 2005-02 That the Executive Committee of the City of Pickering having met on January 24, 2005, presents its second report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 01-05 ZONING BY-LAW AMENDMENT APPLICATION A 26~03 SEAN REGAN DEVELOPMENTS 1603 FINCH AVENUE (PART OF LOT 20, ,C,,ONCESSION 1) That Zoning By-law Amendment Application A 26/03, be REFUSED to permit the establishment of two three-storey apartment blocks, each containing six residential units, submitted by Sean Regan on behalf of Sean Regan Developments, on the lands being Part of Lot 20, Concession 1 (1603 Finch Avenue), City of Pickering. TABLED PLANNING & DEVELOPMENT REPORT PD 06-05 DURHAM REGIONAL OFFICIAL PLAN REVIEW "RECOMMENDED DIRECTIONS REPORT, OCTOBER 2004" RESPECTING THE NATURAL ENVIRONMENT, COMMERCIAL POLICY AND RURAL RESOURCES That Report PD 06-05 of the Director, Planning & Development be RECEIVED as the City's comments on the "Recommended Directions Report, October 2004' dealing with environment, commercial and rural policy components of the Durham Regional Official Plan Review; and That Regional Planning staff INCORPORATE the results of the City's Growth Management Study and related amendment to the Pickering Official Plan (Amendment 13) in the Durham Regional Official Plan in finalizing the "Recommended Directions Report" for Population, Employment and Land Supply; and That in formulating agricultural designations, a vibrant and economically productive "countryside" vision is more appropriate for Pickering's rural area than the strict agricultural vision proposed ir~ the "Recommended Directions Report, October 2004", and accordingly: -12- PICK-FJdNc4 Appendix I Executive Committee Report EC 2005-02 a) b) That the Region ESTABLISH a new designation to permit agricultural and countryside uses (including retail agricultural operations, agri-tourism and non-agricultural countryside uses) that would apply to agricultural lands in Pickering and other agricultural areas in the Region that are in similar proximity to urban areas; and That in addition to the above-noted agricultural and countryside uses, to also INCLUDE the following: continue to permit severances for a surplus dwelling from a non- abutting farm by amendment to the DROP; and continue to permit severance of a farm retirement lot; and permit as-of-right stand-alone farm-related commercial uses (such as farm markets, auction barns) and associated lot-creation; and continue to permit consideration of new country residential subdivisions, by amendment to the Regional Official Plan; and · continue to permit golf courses by amendment to the Regional or local official plan on agricultural lands of lower agricultural capability or on open space lands; and continue to permit cemeteries by amendment to the Regional or local official plan on agricultural lands of lower agricultural capability or on open space lands; and · continue to permit cemeteries by amendment to the Regional or local official plan; and e establish provisions to restrict intensive livestock operations from locating in proximity to urban areas. That Pickering Council requests that the Region prepare policy amendments to CLARIFY that the proposed "Natural Heritage Features ElS Requirements Table" would be used only: when a regional official plan amendment is required; and where an area municipal official plan does not provide policy guidance on this matter; and That Pickering Council requests the Region to consider and INCORPORATE the detailed comments and suggestions provided in the table in Appendix I to Report PD 06-05; and -13- PICKFRING Appendix I Executive Committee Report EC 2005-02 That in light of the incomplete Provincial initiatives relating to the greenbelt, the golden horseshoe growth plan, and the revised provincial policy statement, that Regional staff be requested to DELAY release of certain draft policies until such time as final consideration of the related provincial initiatives is completed, thereby allowing the incorporation of any necessary revisions into the draft policy and avoiding the need to recirculate the draft policies; and That the City Clerk FORWARD a copy of Report PD 06-05 to the Region of Durham and to local municipalities in Durham Region. OPERATIONS & EMERGENCY SERVICES REPORT OES 02-05 FUTURESIGN MULTIMEDIA DISPLAYS AMENDING ADVERTISING AGREEMENT That Report OES 02-05 regarding the Futuresign Multimedia Displays Advertising Agreement, be received; and That the attached by-law authorizing the execution of an Amending Advertising Agreement to which Futuresign Multimedia Displays will be permitted to continue to sell advertising space on the rink boards and other devices at the Pickering Recreation Complex and Don Beer Arenas until May 30, 2008 be read three times and passed by Council; and That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 05-05 GREEN RIVER COMMUNITY CENTRE LF__.ASE RENEWAL -HORIZON HOUSE WHERE HEAVEN AND EARTH MEET That Report OES 05-05 regarding the Horizon House Where Heaven and Earth Meet Lease Renewal, be received; and That the attached by-law, authorizing the execution of a renewal lease agreement pursuant to which Horizon House Where Heaven and Earth Meet, wil~ be permitted to continue their use for church purposes of the Green River Community Centre from February 1, 2005 to January 31, 2006, be read three times and passed by Council; and -I4- Appendix I Executive Committee Report EC 2005.02 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. CHIEF ADMINISTRATIVE OFFICE REPORT OES 01-05 NWMO DISCUSSION DOCUMENT 2, UNDERSTANDING THE CHOICES CITY OF PICKERING'S COMMENTS TO NWMO That Council receive Report CAO 01-05 concerning the Management Organization's (NWMO) Discussion Understanding the Choices; and Nuclear Waste Document 2, That Council confirm as the City's comments on Discussion Document 2, the Acting CAO's letter of December 20, 2004, including the peer review comments provided by Acres - Sargent & Lundy (see Attachments 1 and 2 to this Report), and that the NWMO make particular note of the following concerns in completing its work: The need to ensure a full and thorough assessment of the social, economic, and environmental impacts of on-site storage on host communities; and b. The need to explicitly address issues related to community compensation and host community benefits; and c. The need to ensure adequate and effective community dialogue in the remaining phases of the work; and That Council acknowledge .receipt of the NWMO's letters dated January 10, 2005, to the Acting CAO and to the Canadian Association of Nuclear Host Communities (CANHC), responding to comments submitted on Discussion Document 2 (see Attachments 3 and 4). That Council request NWMO to provide continued peer review funding assistance to the CANHC to ensure the effective and ongoing participation of CANHC and its member municipalities in NWMO's remaining process; and That a copy of this Report be forwarded to the NWMO, the Federal Minister of Natural Resources, the Ontario Power Generation, member municipalities of CANHC, M.P. Dan McTeague, M.P. Mark Holland, and M.P.P. Wayne Arthurs. -15- PlCI - R-iNC4 Appendix I Executive Committee Report EC 2005-02 CORPORATE SERVICES REPORT CS 06-05 ENDORSEMENT OF BILL 165 -ELECTED OFF/C/ALS IMMUNITY ACT, 2004 That the Council of The Corporation of the City of Pickering hereby endorses Bill 165, known as the Elected Officials Immunity Act, 2004, to provide elected members of municipal councils and school boards the same privilege, immunities and powers presently granted to members of the Legislative Assembly; and That copies of this resolution be forwarded to: Honourable Dalton McGuinty, Premier of Ontario Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 07-05 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 1822 WHITESROAD, 1100 BEGLEY STREET, 1865 KINGSTON ROAD AND 726 KINGSTON ROAD That Report CS 07-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purposes of enforcing the Parking By-law on private property be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street, 1865 Kingston Road and 726 Kingston Road, be forwarded to Council for approval; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -16- HCKERING Appendix I Executive Committee Report EC 2005-02 CORPORATE SERVICES REPORT CS 59-04 2005 ANIMAL SERVICES BUDGET 1. That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget, be received; and 2. That the Council of The Corporation of the City of Pickering hereby approves the 2005 Animal Services Budget as recommended by the Pickering-Ajax- Whitby Joint Animal Services Committee at its meeting of November 30, 2004, as amended by deleting the allocation of $10,000.00 as Pickering's share of a capital expenditure. -17- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2005-03, dated February 14, 2005, be adopted. Appendix I Executive Committee Report EC 2005-03 That the Executive Committee of the City of Pickering having met on February 14, 2005, presents its third report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 08-05 ZONING BY-LAW AMENDMENT APPLICATION A 6/04 KARSTEN SMITH IN TRUST 5019 - 5023 BROCK ROAD PART OF LOT 2, PLAN 12 That Zoning By-law Amendment Application A 6/04 be APPROVED to permit the establishment of four dwelling units (apartment units) in addition to the currently permitted commercial uses, submitted by K. Smith, on lands being Part of Lot 2, Plan 12, City of Picketing. That the amending zoning by-law to implement Zoning By-law Amendment Application A 6/04, as set out in Appendix I to Report PD 08-05, be FORWARDED to City Council for enactment. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 05-05 POLICY RESPECTING THE ACQUISITION AND DISPOSAL OF LAND -CITY OF PICKERING, REGIONAL MUNICIPALITY OF DURHAM 1. That Council enact a by-law adopting a Policy which consolidates procedures for the Acquisition and Disposal of Land within the City of Pickering; and 2. That Council rescind Resolution #180/94 governing the acquisition of land by the City; and 3. That Council repeal By-law 5627/00 governing the sale of municipal real property. OPERATONS & EMERGENCY SERVICES REPORT OES 06-05 REDUCED LOAD PERIOD BY-LAW ANNUAL COMPILATION OF STREETS 1. That Report OES 06-05 respecting the reduced load period by-law, be received; and -7- Appendix I Executive Committee Report EC 2005-03 That a by-law be enacted to designate highways under the jurisdiction of the City of Pickering to which a reduced load period applies; and 3. That By-law 6300/04 be repealed. CORPORATE SERVICES REPORT CS 11-05 PAW ANIMAL SERVICES 2004 ACTIVITY REPORT NOTICE OF TERMINATION OF PAW AGREEMENT That the PAW Animal Services 2004 Activity Report as set out in PAW Treasurer's Report 2-05, be received for information; and That the letter from the Town of Whitby dated December 14, 2004 advising of a resolution passed by the Council of the Town of Whitby giving notice of the termination of the current animal services agreements effective December 31, 2005, be received for information; and That staff review alternatives for animal control and bring back a report by the end of April on the status of negotiations. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 10-05 APPOINTMENT TO ENFORCE THE PARKING BY-LAW AT 1822 WHITES ROAD, 1100 BEGLEY STREET AND 1865 KINGSTON ROAD That Report CS 10-05 respecting the appointment of Special Municipal Law Enforcement Officers for the purpose of enforcing the Parking By-law on private property, be received; and That the draft by-law to appoint persons to enforce the Parking By-law at 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road, be forwarded to Council for approval; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. -8- Appendix I Executive Committee Report EC 2005-03 CORPORATE SERVICES REPORT CS 05-05 AMENDMENT TO PROPERTY STANDARDS BY-LAW -ACCESSIBILITY MAINTENANCE STANDARDS FOR PERSONS WITH DISABILITIES That Corporate Services Report CS 05-05 respecting an amendment to the Property Standards By-law to provide for accessibility maintenance standards for persons with disabilities, be received; and That the draft by-law to amend By-law Number 5943/02 (Property Standards) to provide for enforcement with particular regard to the Ontarians with Disabilities Act, 2001, be enacted; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 15-05 FOUR-YEAR TERM OF OFFICE FOR MUNICIPAL COUNCILS That Corporate Services Report CS 15-05 regarding a four-year term of office for municipal councils, be received; and That the Council of the City of Picketing hereby endorses the resolution of the Municipality of Clarington to petition the Province of Ontario to amend the Municipal Elections Act to provide for a four-year term of office for municipal councils; and 3. That copies of this resolution be forwarded to: · The Honourable Dalton McGuinty, Premier of Ontario · The Honourable John Gerretsen, Minister of Municipal Affairs & Housing · Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge · Municipality of Clarington · Association of Municipalities of Ontario · Association of Municipal Managers, Clerks and Treasurers of Ontario That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 9 Appendix I Executive Committee Report EC 2005-03 CORPORATE SERVICES REPORT CS 14-05 RESTRICT THE USE OF SEARCHLIGHTS 1. That Corporate Services Report CS 14-05 regarding the use of searchlights be received; and 2. That the draft by-law to restrict the use of searchlights, be enacted; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. CORPORATE SERVICES REPORT CS 16-05 ENDORSEMENT OF RECOMMENDATIONS OF HERITAGE PICKERING o That Corporate Services Report CS 16-05 regarding recommendations made by the Heritage Pickering Advisory Committee, be received; and That Council approves the inventory of historically or architecturally significant sites on Federal lands as set out in the Committee's presentation to Council on November 1, 2004; and That Council continues to support the completion of research for the purpose of designation and preservation; and That Council urge Transport Canada to reinstate its local hedtage committee; and That the Chief Administrative Officer be directed to appoint an appropriate staff member to sit on the Federal Government's local heritage committee; and That Council urge Transport Canada and the Ontario Land Corporation to restore those buildings that are deemed vital to Pickering's heritage; and That Council urge Transport Canada and the Ontario Land Corporation to ensure the continuous occupation of all potential heritage properties; and That Council supports the planning for the revitalization of the Hamlets of Brougham and Altona by Transport Canada; and -10- Appendix I Executive Committee Report EC 2005-03 9. That Transport Canada and the Greater Toronto Airport Authority be requested to retain historically or architecturally significant buildings not directly affected by construction of a proposed airport or to relocate such buildings to another location not affected by said construction as a last resort. 11. PROCLAMATIONS: "EPILEPSY AWARENESS MONTH" 'NEW HOMES MONTH" That Mayor Ryan be authorized to make the following proclamations: "Epilepsy Awareness Month"- March, 2005 "New Homes Month"-April, 2005 -11 - PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Date: January 31, 2005 To: From: Subject: Bruce Taylor City Clerk Denise Bye Coordinator, Property & Development Services Request for Road Dedication By-Law Block 44, Plan 40M-1745, Pickering Otonabee Drive - File: ROADDED. 447 Block 44 was a reserve conveyed to the City when Plan 40M-1745 was developed and registered. As the road fronting this reserve and Plan 40M-1745 has now been assumed it is appropriate to dedicate it as public highway. Attached hereto is a location map and By-law for the consideration of City Council at its meeting scheduled for February 21, 2005. DB:vd Attachments Denise Bye Copy: Director, Planning & Development Division Head, Municipal Property & Engineering Supervisor, Development Control THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6458/05 Being a By-law to dedicate Block 44, Plan 40M-1745, Pickering as public highway. WHEREAS The Corporation of the City of Pickering is the owner of Block 44, Plan 40M-1745, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 44, Plan 40M-1475, Pickering is hereby dedicated as public highway (Otonabee Drive). BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk INSET MAP SCALE N.T.S. COGNAC AMBERLEA ~ DR~FTWOO[ FINCH SSING GRACELAND ROAD ERAMOSA CRESCENT AVENUE COURT City of Pickering Planning & Development Department PROPERTY DESCRIPTION BLOCK 44, PLAN 40M-1745 OWNER CITY OF PICKERING DATE JAN. 31, 2005 DRAWN BY JB FILE No. ROADDED. 447 SCALE 1:5000 CHECKED BY DB FOR DEPARTMENT USE ONLY PN-11 PA- THE CORPORATION OF THE C;TY OF PICKERING BY-LAW NO. 6459/05 Being a by-law to amend By-law Number 5943~02 for prescribing standards for the maintenance and occupancy of property with the City of Pickering. WHEREAS the Council of the COrporation of the City of Picketing enacted By-law Number 5943~02 on January 21, 2002 for prescribing standards for the maintenance and occupancy of property within the City of Pickering; and WHEREAS by Resolution #110/04 passed by Council on July 26, 2004, staff was directed to investigate amendments to the City's Property Standards By-law that would prescribe barrier free requirements and accessibility maintenance standards for existing buildings in order to accommodate accessibility by persons with disabilities; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 124 of By-law Number 5943/02 is hereby deleted and the following is substituted therefore: 124. a) b) Where a provision of this By-law conflicts with a provision of any other By-law of the City or any applicable statute or regulation, the provisions that establishes the higher standards to protect the health, safety and welfare of the general public shall prevail. This By-law shall be enforced with particular regard to the Ontarians with Disabilities Act, 2001, to ensure that accessibility standards are maintained for existing buildings in order to accommodate accessibility by persons with disabilities. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6460/05 Being a by-law to appoint By-law Enforcement Officers for certain Purposes (Parking Regulation - 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road.) WHEREAS pursuant to section 15(I) of the Police Services Act, R.S,O. 1990, c.P.15, as amended, a municipal council may appoint persons to enforce the by-laws of the municipality; and WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement officers are peace officers for the purpose of enforcing municipal by-la .ws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: That the following persons be hereby appointed as municipal law enforcement officers in and for the City of Pickering in order to ascertain whether the provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the said By-law and are hereby authorized to enter at all reasonable times upon lands municipally known as 1822 Whites Road, 1100 Begley Street and 1865 Kingston Road: James Barr Christopher Templeton The authority granted in section 1 hereto is specifically limited to that set out in section 1, and shall not be deemed, at any time, to exceed the authority set out in section 1. These appointments shall expire upon the persons listed in section 1 ceasing to be an employee of Secudtas Canada or upon Secudtas Canada ceasing to be agents for 1822 Whites Road, 1100 Begley Street or 1865 Kingston Road, or whichever shall occur first. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, City Clerk THE CORPORATION OF THE CITY OF PICKERING ~,O ~ BY-LAW NO. 6461/05 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 6300/04. WHEREAS pursuant to the Highway Traffic Act, R.S.O. 1990 chapter H.8 section 122(7), or a predecessor thereof, the Council of The Corporation of the City of Pickering enacted By-law 4399~94 designating the date on which a reduced load period shall start or end and the highway or portion thereof under its jurisdiction to which the designation applies. AND WHEREAS, new streets have been created which require the designation of a reduced load period; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: For the purpose of subsections (1), (2) and (3) of section 122 of the Highway Traffic Act, R.S.O. 1990, Chap. H.8, the reduced load period shall be that period commencing on March 1st of each year and ending on April 30th, both inclusive, of each year. The highways to which the reduced load period designation applies shall be those highways or portions thereof as set out in Schedule A attached hereto. By-law 6300/04 is repealed. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. Dave Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT #'~ T'O REPORT # OES 2 oj" 16 SCHEDULE A REDUCED LOAD DESIGNATIONS ITEM COLUMN 1 HIGHWAY NO, : . 1. ABBEY ROAD 2. ABBO~ I CRESCENT 3. ABERFOYLE COURT 4. ABINGDON COURT 5. ACORN LANE 6. ADA COURT 7. ALANBURY CRESCENT 8. ALBACORE MANOR 9. ALDER COURT 10. ALDERWOOD PLACE 11. ALPINE LANE 12. ALTONA ROAD (SOUTH OF KINGSTON ROAD) 13. ALWIN CIRCLE t4. ALYSSUM STREET 15. AMARE ~ ~ O AVENUE 16. AMBERLEA ROAD 17. AMBERWOOD CRESCENT 18. ANNAN WOODS DRIVE 19. ANNLAND STREET 20. ANTHONY COURT 21. ANTON SQUARE 22. ANTONIO S ~ h~EET 23. APPLEVIEW ROAD 24. ARATHORN COURT 25. ARCADIA SQUARE 26. ARIEL CRESCENT 27. ASHFIELD COURT 28. ASHFORD DRIVE 29. ASHWOOD GATE 30. ASPEN ROAD 31. ATWOOD CRESCENT 32. AUDLEY ROAD 33. AUTUMN CRESCENT 34. AVONMORE SQUARE 35. BAGGINS STREET 36. BAINBRIDGE DRIVE ATTACHMENT ~i TO ~,EPORT # iTEM COLUMN 1 HIGHWAY NO: ......... 37. BALATON AVENUE 38. BALSAM ROAD 39. BANBURY COURT 40. BARBER STREET 41. BARCLAY STREET 42. BARNWOOD SQUARE 43. BARRY DRIVE 44. BATORY AVENUE 45. BAYFIELD STREET 46. BAYLAWN DRIVE 47. BAYSHORE COURT 48. BAYViEW STREET 49. BEACHPOINT PROMENADE 50. BEARE COURT 51. BEATON WAY 52. BECKWORTH SQUARE 53. BEECHLAWN DRIVE 54. BEGLEY STREET 55. BELINDA COURT 56. BELLA VISTA DRIVE 57. BEM AVENUE 58. BENEDICTINE COURT 59. BENTLEY LANE 60. BENTON CRESCENT 61. BICROI- I COURT 62. BIRCHWOOD COURT 63. BLAIRWOOD COURT 64. BLOOMFIELD COURT 65. BLUE RIDGE CRESCENT 66. BONITA AVENUE 67. BOVlNGDON PLACE 68. BOWLER DRIVE 69. BOXWORTH PLACE 70. BOYNE COURT 71. BRAEBURN CRESCENT 72. BRAMBLEWOOD COURT 73. BRANDS COURT 74. BREDA AVENUE 75. BREEZY DRIVE 76. BRIAN COURT 77. BRIAR WOOD GATE 78. BRIDGE GATE CRESCENT 3£ ATTACHiVIENT #'~ TO REPORT 4 q/' 16 iTEM i COLUMN 't HIGHWAY NO~ 79. BRIDLE PATH CIRCLE 80. BRIMWOOD COURT 81. BRIXTON LANE 82. BROADGREEN STREET 88. BROADOAK ORE8OENT 84. BROADVlEW STREET 85. BROCK ROAD (CLAREMONT) 86. BRONTE SQUARE 87. BRONWEN LANE 88. BROOKRIDGE GATE 89. BROOKSHIRE SQUARE 90. BROUGHAM ROAD 91. BROWNING AVENUE 92. BUNDY STREET 93. BURNSIDE DRIVE 94. BUSHMILL STREET 95. BU'I I ERNUT COURT 96. BYRON STREET 97. CALLAHAN STREET 98. CALVINGTON DRIVE 99. CANBOROUGH CRESCENT 100. CANSO DRIVE 101. CANTERBURY CRESCENT 102. CARMELLO COURT 103. CARPEN1-ER COURT 104. CASTLE STREb. [ 105. CAI IAIL COURT 106. CECYLIA COURT 107. CEDARCROFT CRESCENT 108. CEDARWOOD COURT 109. CHANTILLY ROAD 110. CHAPLEAU DRIVE 111. CHAPMAN COURT 112. CHARLO I I E CIRCLE 113. CHARNWOOD COURT 114. CHARTWELL COURT 115. CHERRYWOOD AVENUE 116. CHICKADEE COURT 117. CHIPMUNK STREET 118. CHIRON CRESCENT 119. CHURCH S[F~EET 120. CHURCHWIN STREP_.. I ATTACHtVIENT ¢I TO ;REPORT # ,OES 96-05 iTEM COLUMN 1 HIGHWAY NO. t21. ! CLAREMONT STREET 122. CLEARSIDE COURT 123. CLIFFVIEW ROAD 124. CLOUDBERRY COURT 125. COBBLER'S COURT 126. COGNAC CRESCENT 127. COLLINGSBROOK COURT 128. COLMAR AVENUE 129. COLONIAL STREET 130. COMMERCE STREET 131. CONACHER CRESCENT 132. CONC. RD. 3 (EAST OF BROCK ROAD TO AJAX & DIXIE ROAD TO TORONTO-PICKERING TOWNLINE) 133. CONC. RD. 4 (WEST OF ROSEBANK ROAD TO MARKHAM PICKERING TOWNLINE & EAST OF DURHAM REGIONAL ROAD 4) 134. CONC.5 (FROM SIDELINE 16 EAST TO SIDELINE 4 ROAD) 135. CONC. RD. 6 (FROM HWY 7 EAST TO HWY 7) 136. CONC. RD. 7 (FROM BROCK ROAD WEST TO MARKHAM PICKERING TOWNLINE & WESTNEY ROAD EAST TO LAKE RIDGE ROAD) 137. CONC. RD., 8 138. CONMARA AVENUE 139. COPLEY STREE I 140. CORNELL COURT 141. CORTEZ AVENUE 142. CO ~ ~ ONWOOD CIRCLE 143. COUNTRY LANE 144. COWAN CIRCLE 145. CRAIGHURST COURT 146. CREEKVlEW CIRCLE 147. CRICKET LANE 148. CROSSING COURT 149. CULROSS AVENUE 150. DAHLIA CRESCENT - 151. DALEWOOD DRIVE 152. DARWIN DRIVE 153. DAVID STREET 154. DAVIDSON STREET 155. DAYLIGHT COURT 156. DEERBROOK DRIVE 157. DEERHAVEN LANE 158. DEERHURST COURT 159. DELLBROOK AVENUE ~, TO RE~ORT # OES 6 o./' 16 ITEM COLUMN 1 HIGHWAY NO. 160. DENBY DRIVE 161. DENCOURT DRIVE 162. DENMAR ROAD 163. DENVALE DRIVE 164. DIEFENBAKER COURT 165. DIXIE ROAD (FROM FINCH AVENUE NORTH TO THE 3~u CONCESSION ROAD) 166. DONNALEA AVENUE 167. DOUGLAS AVENUE 168. DOW STREET 169. DOWNLAND DRIVE 170. DRAVA STREET 171. DREYBER COURT 172. DRIFTWOOD COURT 173. DUBERRY DRIVE 174. DUNBARTON ROAD 175. DUNCANNON DRIVE 176. DUNCHURCH STREET 177. DUNFAIR STREET 178. DUNN CRESCENT 179. DYSON ROAD 180. EAGLEVIEW DRIVE 181. EASTBANK ROAD 182. ECHO POINT COURT 183. EDGE LANE 184. 'EDGEWOOD ROAD 185. EDMUND DRIVE 186. ELVIRA COURT 187. ENGEL COURT 188. ERAMOSA CRESCENT 189. ERIN GATE BOULEVARD 190. ESCO ~ ~ COURT 191. ESSA CRESCENT 192. EVELYN AVENUE 193. EVERTON STREET 194. EYER DRIVE 195. FACTORY STREET 196. FAIRFIELD CRESCENT 197. FAIRPORT ROAD 198. FAIRVIEW AVENUE 199. FALCONCREST DRIVE 200. FALCONWOOD WAY ATTACHi¥1ENT :#J TO RE?OR.T # OE..S ITEM COLUMN 1 HIGHWAY NO. 201. FANSHAW PLACE 202. FAWNDALE ROAD 203. FAYLEE CRESCENT 204. FERNAM STREET 205. FERNCLIFF CIRCLE 206. FIDDLERS COURT 207. FIELDLIGHT BOULEVARD 208. FIELDSTONE CIRCLE 209. FINCH AVENUE (FROM BROCK ROAD TO EAST TERMINUS & FROM ALTONA ROAD WEST TO TORONTO PICKERING TOWNLINE) 210. FLAVELLE COURT 211. FOLEYET CRESCENT 212. FORBROCK STREET 213. FORDON AVENUE 214. FOREST PARK DRIVE 215. FORESTSTREAM TRAIL 216. FORESTVlEW DRIVE 217. FOSTER COURT 218. FOXGLOVE AVENUE 219. FOXWOOD TRAIL 220. FRANKLIN STREET 221. FRISCO STREET 222. FRONT STREET 223. FRONTIER COURT 224. FUSCHIA LANE 225. GABLEHURST CRES 226. GALLANT COURT 227. GANDALF COURT 228. GARDENVlEW SQUARE 229. GARLAND CRESCENT 230. GARVOLIN AVENUE 231. GETA CIRCLE 232. GILLMOSS ROAD 233. GLADSTONE STREET 234. GLEN EDEN COURT 235. GLENANNA ROAD (FROM KINGSTON ROAD WEST TO FAIRPORT ROAD) 236. GLENDALE DRIVE 237. GLENGROVE ROAD 238. GLENVIEW ROAD 239. GLOUCESTER SQUARE 240. GOLDENRIDGE ROAD ATTAC~,-~i~iENT ~. 8 f16 ITEM COLUMN 1 HIGHWAY NO. 241. GOLF CLUB ROAD I 242. GOSSAMER DRIVE 243. GRACELAND COURT 244. GRAFTON COURT 245. GRANBY COURT 246. GRAYABBEY COURT 247. GREENBURN PLACE 248. GREENMOUNT STREET 249. GREENRIDGE DRIVE 250. GREENVALE CRESCENT 251. GREENWOOD ROAD . 252. GRENOBLE BOULEVARD 253. GREYCOAT LANE 254. GROVEDALE COURT 255. GUILD ROAD (FROM 45 METRES NORTH OF KINGSTON ROAD TO FINCH AVENUE) 256. GWENDOLYN STREET 257. HADRIAN COURT 258. HALLER AVENUE 259. HALSEY LANE 260. HAMPTON COURT 261. HANWORTH COURT 262. HARROWSMITH COURT 263. HARVEST DRIVE 264. HEATHSIDE CRESCENT 265. HEDGEROW PLACE 266. HELEN CRESCENT 267. HELM STREET 268. HENRY STREET 269. HENSALL COURT 270. HESKA ROAD 271. HEWSON DRIVE 272. HIGHBUSH TRAIL 273. HIGHVlEW ROAD 274. HILLCREST ROAD 275. HILLVlEW CRESCENT 276. HOGARTH STREET 277. HOLBROOK COURT 278. HOLLYHEDGE DRIVE 279. HONEYWOOD CRESCENT 280. HOOVER DRIVE 281. HOUSTON COURT 9o/16 ITEM COLUMN 1 HIGHWAY NO. ~ 282. HOWELL CRESCENT 283. HOXTON STREET 284. HUMMINGBIRD COURT 285. HUNTSMILL DRIVE 286. ILONA PARK ROAD 287. INGRID ROAD 288. JACQUELINE AVENUE 289. JAYWIN CIRCLE 290. JODREL ROAD 291. JOHN STREET 292. JOMAR AVENUE 293. JOSEPH STREET 294. KATE'S LANE 295. KELLINO STREET 296. KELVINWAY LANE 297. KIMTON COURT 298. KINGFISHER DRIVE 299. KINSALE ROAD 300. KIRKWOOD LANE 301. KITLEY AVENUE 302. KODIAK STREET 303.' KROSNO BOULEVARD 304. LAMOUR ROAD 305. LANCREST STREET 306. LANE STREET 307. LARKSMERE COURT 308. LAURIER CRESCENT 309. LAWSON STREET 310. LAYTON COURT 311. LEASIDE STREET 312. LEKANI COURT 313. LENNOX LANE 314. LIGHTFOOT PLACE 315. LINWOOD STREET 316. LISTOWELL CRESCENT 317. LITTLEFORD STREET 318. LIVERPOOL RD (FROM FINCH AVENUE TO NORTH TERMINUS & BAYLY ST TO SOUTH TERMINUS) 319. LIVINGSTON STREET 320. LODGE ROAD 321. LONGBOW DRIVE 322. LORN STREET 35 A'TTAC?]iVIENT #I TO REPORT # CES ~8-..95 10 o../' 16 ITEM I COLUMN 1 HIGHWAY '1 NO. ,I ...... 323. LUBLIN AVENUE ....... 324. LUNA COURT 325. LUTTERWORTH COURT 326. LYDIA CRESCENT 327. LYNMAR COURT ,,. 328. LYNN HEIGHTS DRIVE 329. LYNX AVENUE 330. LYTTON COURT 331. MADONNA COURT 332. MAITLAND DRIVE 333. MAJOR OAKS ROAD 334. MALDEN CRESCENT 335. MAPLE GATE ROAD 336. MAPLE HILL COURT 337. MAPLE RIDGE DRIVE 338. MAPLEVlEW COURT 339. MARINET CRESCENT 340. MARKHAM - PICKERING TOWNLINE ROAD 341. MARKSBURY ROAD 342. MARSHCOURT DRIVE 343. MARTINS ROAD 344. MAURY CRESCENT 345. McBRADY CRESCENT 346. McLEOD CRESCENT 347. MEADOWLANE CRESCENT 348. MEADOWRIDGE CRESCENT 349. MEADOWVlEW AVENUE 350. MELDRON DRIVE 351. MELMAN STREET 352. MEMORY LANE 353. MERIADOC DRIVE 354. MERRITTON ROAD 355. MIDDLETON STREET 356. MILL STREET 357. MILLBANK ROAD 358. MINK STREET 359. MINSTREL MANOR 360. MIRANDA COURT 361. MIRIAM ROAD 362. MODLIN ROAD 363. MONICA COOK PLACE 364. MONTCLAIR LANE ATTACHIVIENT #':~ TO REPORT I~ ITEM COLUMN 1 HIGHWAY 365. MONTEAGLE LANE 366. MONTGOMERY PARK ROAD (FROM SUSAN DRIVE EAST TO FRISCO ROAD) 367. MOORELANDS CRES 368. MORDEN LANE 369. MORE ~ ~A AVENUE 370. MOSSBROOK SQUARE 371. MOUNTAIN ASH DRIVE 372. MOUNTCASTLE CRESCENT 373. MULBERRY LANE 374. MULMUR COURT 375. NAPANEE ROAD 376. NAROCH BOULEVARD 377. NEW STREET 378. NEWMARK PLACE 379. NIPISSlNG COURT 380. NOMAD ROAD 381. NORDANE DRIVE 382. NORFOLK SQUARE 383. NORTH ROAD 384. OAKBURN STREET 385. OAKWOOD DRIVE 386. OBERON COURT 387. OKLAHOMA DRIVE 388. OLD FOREST ROAD 389. OLD ORCHARD AVENUE 390. OLIVA STREET 391. ORCHARD HEIGHTS DRIVE 392. ORION COURT 393. OTONABEE DRIVE 394. PADDOCK ROAD 395. PARK CRESCENT 396. PARKDALE STREET 397. PARKHAM CRESCENT 398. PARKSIDE DRIVE 399. PATIO LANE 400. PATMORE LANE 401. PEACHWOOD LANE 402. PEBBLE COURT 403. PEBBLESTONE CRESCENT 404. PEPPERWOOD GATE 405. PEI'I ICOAT LANE ATTACHtVIENT #1 70 ~EPORT # OES 06-06 12 o]" 16 ITEM COLUMN 1 HIGHWAY NO. 406. PETUNIA PLACE 407. PINE GLEN DRIVE 408. PINE GROVE AVENUE 409. PINE HEIGHTS TRAIL 410. PINE RIDGE ROAD 411. PINECREEK COURT 412. PINEVIEW LANE 413. PLEASANT STREET 414. POPPY LANE 415. POPRAD AVENUE 416. PORTLAND COURT 417. POST DRIVE 418. PRIMROSE COURT 419. PROHILL STREET 420. RADOM STREET 421. RAINY DAY DRIVE 422. RAMBLEBERRY AVENUE 423. RATHMORE CRESCENT 424. RAWLINGS DRIVE 425. RAYLEEN CRESCENT 426. REDBIRD CRESCENT 427. REDWOOD LANE 428. REESOR COURT 429. REGAL CRESCENT 430. REGAN PLACE 431. REYTAN BOULEVARD 432. RICHARDSON STREET 433. RIDGEWOOD COURT 434. RIGBY DRIVE 435. RIVERVlEW CRESCENT 436. ROCKWOOD DRIVE 437. RODD AVENUE 438. ROSEBANK ROAD (FROM HWY #2 NORTH TO CONC. 4 ROAD & FROM 100 METRES NORTH OF GRANITE COURT TO SOUTH TERMINUS) 439. ROSEFIELD ROAD 440. ROUGE FOREST CRESCENT 441. ROUGE HILL COURT 442. ROUGE VALLEY DRIVE 443. ROUGEMOUNT DRIVE 444. ROWNTREE CRESCENT 445. ROYAL ROAD 446. SALEM ROAD ATTACHMENT #I ~O REPORT # ©ES 06-05 ITEM I COLUMN1 HIGHWAY NO. 447. i SAMFORD LANE 448. SANDCASTLE COURT 449. SANDCHERRY COURT 450. SANDHURST CRESCENT 451. SANDRA DRIVE 452. SANDTRAP COURT .... 453. SANDY BEACH ROAD (FROM BAYLY STREET TO SOUTH TERMINUS) 454. SANGRO LANE 455. SANOK DRIVE 456. SAUGEEN DRIVE 457. SCARBOROUGH PICKERING TOWNLINE ROAD (ADJACENT TO LOT 35, CONCESSION 2, PICKERING & THE SOUTH 915 METRES OF LOT 35, CONCESSION 3, PICKERING) 458. SECORD STREET 459. SEGUIN SQUARE 460. SENATOR STREET 461. SHADEMASTER DRIVE 462. SHADOW PLACE 463. SHADYBROOK DRIVE 464. SHAY DRIVE 465. SHEARER LANE 466. SHEPPARD AVENUE 467. SHERMAN CRESCENT 468. SIDELINE 2 469. SIDELINE 4 470. SIDELINE 6 471. SIDELINE 8 472. SIDELINE 12 473. SIDELINE 14 474. SIDELINE 16 475. SIDELINE 20 476. SIDELINE 22 477. SIDELINE 24 478. SIDELINE 26 479. SIDELINE 28 480. SIDELINE 30 481. SIDELINE 32 482. SIDELINE 34 483. SILVER MAPLE DRIVE 484. SILVER SPRUCE DRIVE 485. SILVERTHORN SQUARE 486. SIMPSON AVENUE ATZACHiVIENT :#'~ TO REPORT ITEM COLUMN 't HIGHWAY NO. 487. S'OMERGROVE CRESCENT 488. SOUTHCOTT ROAD 489. SOUTHVIEW DRIVE 490. SPARROW CIRCLE 491. SPARTAN COURT 492. SPEKE ROAD 493. SPRING STREET 494. SPRINGVlEW DRIVE 495. SPRUCE HILL ROAD ....... 496. SQUIRES BEACH ROAD (250m NORTH OF BAYLY TO TERMINUS) 497. ST. MARTINS DRIVE 498. STARVIEW COURT 499. STEEPLE HILL 500. STONEBRIDGE LANE 501. STONEHAMPTON COURT 502. STONEHURST ROAD 503. STONEPATH CIRCLE 504. STORRINGTON STREET 505. STOVER CRESCENT 506. STRATHMORE CRESCENT 507. STREAMSIDE COURT 508. STROUDS LANE 509. STURGEON COURT 510. SULTANA SQUARE 511. SUMMERPARK CRESCENT 512. SUNBIRD TRAIL 513. SUNDOWN CRESCENT 514. SUNRISE AVENUE 515. SURF AVENUE 516. SUSAN DRIVE 517. SWAN PLACE 518. SWEETBRIAR COURT 519. TANZER COURT 520. TAPLIN DRIVE 521. TATRA DRIVE 522. TAUNTON ROAD (EAST AND WEST OF BROCK ROAD TO NEW TAUNTON ROAD) 523. TAWNBERRY STREET 524. TERRACO I IA COURT 525. THEODEN COURT 526. THICKET CRESCENT 527. TILLINGS ROAD ATTACHi'ClENT ¢I TO REPORT # OE.;S ~6-05 1 ITEMI COLUMNtHIGHWA¥ i NO. i'"" 528. i TILSON COURT 529. t TIMBER OOURT 530. TIMMIN8 GARDEN 531. TISHA ROAD 532. TOMLIN8ON COURT 533. TOYNEVALE ROAD 534. TRAILWOOD COURT 535. TRANQUIL COURT 536. TREETOP WAY 537 TRELLIS COURT 538. TRIMBLE'S LANE 539. TULLO STREET 540. TWYN RIVERS DRIVE 541. UNA ROAD 542. UNDERHILL COURT 543. UXBRIDGE PICKERING TOWNLINE ROAD (FROM YORK REGIONAL ROAD 30 EAST TO UXBRIDGE 3RD CONCESSION ROAD, FROM DURHAM REGIONAL ROAD 23 WEST FOR 960 METRES AND SIDELINE 4 EAST FOR 320 METRES) 544. VALLEY FARM ROAD (FROM KINGSTON ROAD NORTH TO 3 CONCESSION ROAD) 545. VALLEY GATE 546. VALLEY RIDGE CRESCENT 547. VALLEYVlEW DRIVE 548. VICKI DRIVE 549. VICTOR COURT 550. VICTORIA STREET 551. VICTORY DRIVE 552. VILLAGE STREE 1- 553. VISTULA DRIVE 554. VOYAGER AVENUE 555. WALNUT LANE 556. WATERFORD GATE 557. WAYFARER LANE 558. WELLINGTON STREET 559. WELRUS STREET 560. WEST LANE 561. WEST SHORE BOULEVARD .... 562. WESTCREEK DRIVE 563. WESTNEY ROAD 564. WEYBURN SQUARE 565. WHARF STREET ATTACHMENT #t TO REPORT # OES 16 ,~,./' 16 ITEM COLUMN 1 HIGHWAY NO. , 566. WHEATSHEAF LANE 567. WHISKY GATE 568. WHITE CEDAR DRIVE 569. WHITE PINE CRESCENT 570. WHITEVALE ROAD (160 METRES WEST OF BROCK ROAD TO ALTONA ROAD) 571. WILCROI- ~ COURT 572. WILDFLOWER DRIVE 573. WILDROSE CRESCENT 574. WILDWOOD CRESCENT 575. WILLIAM STREET 576. WILLOWSIDE COURT 577. WINDGROVE SQUARE 578. WINE~ ~ E ROAD 579. WINGARDEN CRESCENT 580. WIXSON ROAD 581. WOLLASTON COURT 582. WOODGRANGE AVENUE 583. WOODRUFF CRESCENT 584. WOODSIDE LANE 585. WOODSMERE CRESCENT 586. WOODVIEW AVENUE 587. WOODVlEW DRIVE 588. YEREMI STREET 589. ZATOR AVENUE THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6462/05 Being a By-law to assume the roads and/or services within Plan 40M-1651, Plan 40M-1662, Plan 40M-1782 and Plan 40M-1792 (save and except Blocks 32 and 33), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1651, 40M-1782 and 40M-1792; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plans 40M-1651, 40M-1662, 40M-1782 and 40M-1792 (save and except Blocks 32 and 33), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. o The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plans 40M-1651, 40M-1662, 40M-1782 and 40M-1792 (save and except Blocks 32 and 33), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Amberlea Road and Saugeen Drive, 40M-1651 · Village Street and Arcadia Square, 40M-1782 · Arcadia Square, 40M-1792 BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005; David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6463/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Amberlea Road and Saugeen Drive, Plan 40M-1651; Village Street and Arcadia Square, Plan 40M-1782; and Arcadia Square, Plan 40M-1792, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6464/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1651, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated June 18, 1990, Notice of which was registered as Instrument No. LT534210 respecting the development of Plan 40M-1651, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 18, 1990, Notice of which was registered as Instrument No. LT534210 between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1651, Pickering. BY-LAW read a first, second and third time and finally passed this 21St day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6465/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1662, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Limited entered into a Subdivision Agreement dated May 6, 1985, Notice of which was registered as Instrument No. LT250601 and which Agreement was amended on November 19, 1990, Notice of which was registered as Instrument No. LT567184, respecting the development of Plan 40M-1662, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated May 6, 1985, Notice of which was registered as Instrument No. LT250601; and (b) the amending Subdivision Agreement dated November 19, 1990, Notice of which was registered as Instrument No. LT567184, between Bramalea Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M~1662, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6466/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1782, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Inc. entered into a Subdivision Agreement dated June 27, 1994, Notice of which was registered as Instrument No. LT693660 respecting the development of Plan 40M-1782, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 27, 1994, Notice of which was registered as Instrument No. LT693660 between Bramalea Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1782, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6467/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1792, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Bramalea Inc. entered into a Subdivision Agreement dated June 27, 1994, Notice of which was registered as Instrument No. LT699718, respecting the development of Plan 40M-1792, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 27, 1994, Notice of which was registered as Instrument No. LT699718 between Bramalea Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1792, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6468105 Being a By-law to assume the roads and/or services within Plan 40M-1561, Plan 40M-1562 (save and except Block 25) and Plan 40M-1563, under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plan 40M-1562; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plans 40M-1561, 40M-1562 (save and except Block 25) and Plan 40M-1563, or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plans 40M-1561, 40M-1562 (save and except Block 25) and Plan 40M-1563, or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Ashwood Gate and Brimwood Court, Plan 40M-1562 BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6469/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Ashwood Gate and Brimwood Court, Plan 40M-1562, in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk 5 3 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6470/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and amending Agreement from title respecting Plan 40M-1561, Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Valerian Investments Inc. entered into a Subdivision Agreement dated March 2, 1987, Notice of which was registered as Instrument No. LT417490; and WHEREAS, the Subdivision Agreement was amended on February 19, 1996, to exclude Lot 11 as a developable lot within the plan, Notice of which was registered as Instrument No~ L'F748623; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated March 2, 1987, Notice of which was registered as Instrument No. LT417490; and (b) the amending Subdivision Agreement dated February 19, 1996, Notice of which was registered as Instrument No. LT748623, respecting the development of Plan 40M-1561, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 647t/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1562, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Valerian Investments Inc. entered into a Subdivision Agreement dated March 2, 1987, Notice of which was registered as Instrument No. LT417492, respecting the development of Plan 40M-1562, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated March 2, 1987, Notice of which was registered as Instrument No. LT417492 between Valerian Investments Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1562, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6472/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and amendment thereto from title respecting Plan 40M-1563, Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Valerian Investments Inc. entered into a Subdivision Agreement dated March 2, 1987, Notice of which was registered as Instrument No. LT417494, respecting the development of Plan 40M-1563, Pickering; and WHEREAS such Agreement was amended on December 4, 1989, Notice of which was registered as Instrument No. LT506664; and WHEREAS the terms and conditions of the Subdivision Agreement and amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated March 2, 1987, Notice of which was registered as Instrument No. LT417494; and (b) the amending Subdivision Agreement dated December 4, 1989, Notice of which was registered as Instrument No. LT506664, respecting the development of Plan 40M-1563, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6473/05 Being a By-law to dedicate Blocks 86, 87, 88 and 90, Plan 40M-1526, Pickering as public highways. WHEREAS The Corporation of the City of Pickering is the owner of Blocks 86, 87, 88 and 90, Plan 40M-1526, Pickering and wishes to dedicate them as public highways; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Blocks 86 and 90, Plan 40M-1526, Pickering are hereby dedicated as public highway (Dellbrook Avenue). Blocks 87 and 88, Plan 40M-1526, Pickering are hereby dedicated as public highway (Major Oaks Road). BY-LAW read a first, second and third time and finally passed this 21 st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk 57 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6474/05 Being a By-law to assume the roads as public highways and the services within Plan 40M-1526 (save and except Block 84) and Plan 40M-1535 (save and except Block 40), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1526 and 40M-1535; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1526 (save and except Block 84) and Plan 40M-1535 (save and except Block 40), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-1526 (save and except Block 84) and Plan 40M-1535 (save and except Block 40), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are,..owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Bentley Lane, Blue Ridge Crescent, Dellbrook Avenue, Major Oaks Road and Underhill Court, Plan 40M-1526 · Blue Ridge Crescent, Major Oaks Road and Peachwood Lane, Plan 40M-1535 BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE cI-ry OF PICKERING BY-LAW NO. 6475/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Bentley Lane, Blue Ridge Crescent, Dellbrook Avenue, Major Oaks Road and Underhill Court, Plan 40M-1526; and (b) Blue Ridge Crescent, Major Oaks Road and Peachwood Lane, Plan 40M-1535, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6476105 Being a By-law to authorize the release and removal from title of the Subdivision Agreement (save and except from Block 84) relating to Plan 40M-1526, Pickering, and all related amending agreements. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Grand Oak Homes (Eastern Division) Inc. entered into a Subdivision Agreement dated April 21, 1987, Notice of which was registered as Instrument No. LT374631; and WHEREAS that agreement was amended by Agreements dated April 17, 1989, June 5, 1989 and June 26, 1989, Notice of which was registered as Instrument Nos. LT446888, LT508689 and LT464230, respectively; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated April 21, 1987, Notice of which was registered as Instrument No. LT374631 (save and except Block 84); (b) the amending Subdivision Agreement dated April 17, 1989, Notice of which was registered as Instrument No. LT446888; (c) the amending Subdivision Agreement dated June 5, 1989, Notice of which was registered as Instrument No. LT508689; and (d) the amending Subdivision Agreement dated June 26, 1989, Notice of which was registered as Instrument No. LT464230, between Grand Oak Homes (Eastern Division) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1526, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6477/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1535, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Grand Oak Homes (Eastern Division) Inc. entered into a Subdivision Agreement dated April 21, 1987, Notice of which was registered as Instrument No. LT380596; and WHEREAS that Agreement was amended on April 6, 1992, in order to provide for the coordinated development of lands with Plan 40M-1535 with adjacent lands, Notice of which was registered as Instrument Nos. D387189 and LT593208; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated April 21, 1987, Notice of which was registered as Instrument No. LT380596; and (b) the amending Subdivision Agreement dated April 6, 1992, Notice of which was registered as Instrument Nos. D387189 and LT593208, between Grand Oak Homes (Eastern Division) Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1535, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6478/05 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 2, Plan 12, in the City of Pickering. (A 6/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of four dwelling units on the subject lands, being Part of Lot 2, Plan 12; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: TEXT AMENDMENT Section 9 - General Commercial Zone - C2 is hereby amended by adding the following subsection after subsection 9.3.2: 9.3.3 Part of Lot 2, Plan 12 (5019 - 5023 Brock Road) Notwithstanding subsection 9.1 or any other provision of this By-law, a maximum of four (4) dwelling units are permitted within a single building on lands known as Part of Lot 2, Plan 12, in the City of Pickering, subject to the following provisions: (1) Where the building on Part of Lot 2, Plan 12, contains any dwelling units, the following provisions shall apply: (a) Parking requirements: (i) A minimum of 1.25 parking spaces shall be provided for each of the dwelling units which contains one or less than one bedroom. (ii) A minimum of 1.75 parking spaces shall be provided for each of the dwelling units which contains more than one bedroom. BY-LAW 3037 By-law 3037 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section I above. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this February ,2005. 21 day of David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6479/05 Being a By-law to dedicate Block 64, Plan 40M-1700, Pickering as public highway (Pine Grove Avenue). WHEREAS The Corporation of the City of Pickering is the owner of Block 64, Plan 40M-1700, Pickering and wishes to dedicate it as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Block 64, Plan 40M-1700, Pickering is hereby dedicated as public highway (Pine Grove Avenue). BY-LAW read a first, second and third time and finally passed this 21 st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 64go/o.~ Being a By-law to assume the roads and/or services within Plan 40M-1682 (save and except Blocks 37 and 43 to 46) Plan 40M-1700 (save and except Blocks 65 to 67 and 69), Plan 40M-1892 (save and except Blocks 20 to 26 and 30) and Plan 40M-1957, under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1682, 40M-1700 and 40M-1892; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, sections 30 and 31, a highway is owned by the municipality having jurisdiction over it; and NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1682 (save and except Blocks 37 and 43 to 46), Plan 40M-1700 (save and except Blocks 65 to 67 and 69), Plan 40M-1892 (save and except Blocks 20 to 26 and 30) and Plan 40M-1957 or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances~ located on lands that are dedicated to, or owned by the City, in Plan 40M-1682 (save and except Blocks 37 and 43 to 46), Plan 40M-1700 (save and except Blocks 05 to 67 and 69), Plan 40M-1892 (save and except Blocks 20 to 26 and 30) and Plan 40M-1957, or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: Linwood Street and Parkdale Street, Plan 40M-1682; Meldron Drive, Sandhurst Crescent, Pine Grove Avenue and Westcreek Drive, Plan 40M-1700; and Sandhurst Crescent and Nordane Drive, Plan 40M-1892, BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6481/05 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416182 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Linwood Street and Parkdale Street, Plan 40M-1682; Meldron Drive, Sandhurst Crescent, Pine Grove Avenue and Westcreek Drive, Plan 40M-1700; and Sandhurst Crescent and Nordane Drive, Plan 40M-1892, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6482/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and related amending agreement from title respecting Plan 40M-1682 (save and except from Block 37), Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Piokering and 946037 Ontario Limited entered into a Subdivision Agreement dated August 7, 1991, Notice of which was registered as Instrument No. LT581711; and WHEREAS which Agreement was amended on June 21, 1993, to provide for the coordinated development of Blocks 32, 33, 34, 35 and 36, with adjacent lands, Notice of which was registered as Instrument No. LT643456, respecting the development of Plan 40M-1682, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) (b) the Subdivision Agreement dated August 7, 1991, Notice of which was registered as Instrument No. LT581711 (save and except from Block 37); and the amending Subdivision Agreement dated June 21, 1993, Notice of which was registered as Instrument No. LT643456, between 946037 Ontario Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1682, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk G G THE CORPORATION OF THE Cl]~( OF PICKERING BY-LAW NO. 6483/05 Being a By-law to authorize the release and removal from title of the Subdivision Agreement and related amending agreements respecting Plan 40M-1700 (save and except from Block 69), Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Garthwood Homes Ltd. entered into a Subdivision Agreement dated December 16, 1991, Notice of which was registered as Instrument No. LT605756; and WHEREAS that Agreement was amended to provide for the: Development/conveyance to the City of Blocks 68 and 70, Plan 40M-1700 by Development Agreement dated August 8, 1995, Notice of which was registered as Instrument No. LT746037; Development of Blocks 43, 44 and 45 with adjacent lands from Plan 40M-1861 by Amended Subdivision Agreement dated August 1, 1997, Notice of which was registered as Instrument No. LT822492; Development of Blocks 46, 47 and 48, with adjacent lands from Plan 40M-1892 and Part 1, Plan 40R-19699 and Parts 1 and 2, 40R-19669, by Development Agreement dated July 13, 2000, Notice of which was registered as Instrument No. LT974060; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement, Notice of which was registered as Instrument No. LT605756 (save and except from Block 69); (b) the Development Agreement, Notice of which was registered as Instrument No. L']'746037; (c) the amending Subdivision Agreement, Notice of which was registered as Instrument No. LT822492; and (d) the Development Agreement, Notice of which was registered as Instrument No. LT974060, respecting the development of Plan 40M-1700, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6484/05 Being a By-law to authorize the release and removal of the Subdivision Agreement and related amendment from title respecting Plan 40M-1892 (save and except from Blocks 20 to 26), Pickering. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Rondev Homes Ltd. entered into a Subdivision Agreement dated May 20, 1997, Notice of which was registered as Instrument No. LT828641; and WHEREAS that Agreement was amended to provide for the coordinated development of Blocks 27 and 28 with lands from Plan 40M-1700 by a Development Agreement dated July 13, 2000, Notice of which was registered as Instrument No. LT974060, respecting the development of Plan 40M-1892, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of.' (a) (b) the Subdivision Agreement dated May 20, 1997, Notice of which was registered as Instrument No. LT828641 (save and except from Blocks 20 to 26); and the amending Development Agreement dated July 13, 2000, Notice of which was registered as Instrument No. LT974060, respecting the development of Plan 40M-1892, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk 63 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6485/05 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1957, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and MN.O. Construction Limited entered into a Subdivision Agreement dated February 12, 1999, Notice of which was registered as Instrument No. LT893886, respecting the development of Plan 40M-1957, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated February 12, 1999, Notice of which was registered as Instrument No. LT893886 between M.N.O. Construction Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1957, Pickering. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE ,,i'FY OF PICKERING BY-LAW NO. 6486/05 Being a by-law to regulate the use of searchlights in the City of Picketing. WHEREAS pursuant to Section 128(1) of the Municipal Act, S.O. 2001, ¢. 25, as amended, a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; and WHEREAS by Resolution #13/05 passed on January 17, 2005, the Council of The Corporation of the City of Pickering declared that searchlights tend to cause a nuisance to residents that live close to such equipment and directed staff to prepare a by-law that will restdct the use of searchlights in a manner that they will not cause a nuisance to residents or local businesses; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. In this by-law, a) b) c) "City" means the Corporation of the City of Pickering. "Person" means any owner, tenant or occupier of land and shall include a corporation. "Searchlight" means any device that projects a light beam into the atmosphere for the purpose of attracting persons to a particular property and shall include a laser source light or any similar high intensity light for outdoor advertising or entertainment. No person shall operate a seamhlight, a) b) c) within 10 metres of any road allowance. in such a manner that the searchlight would interfere with traffic or create a traffic hazard. longer than five days within any three-month period. A searchlight shall be located, aimed and or shielded so as no direct light trespasses beyond the property line on which the searchlight is located. A searchlight shall only be operated between the following hours: a) Monday to Saturday - 6:00 pm to midnight b) Sunday - 6:00 pm to 10:00 pm This By-law snail not apply to any government agency that uses searchlights in the course of its normal operation, for the collection of meteorological data and agencies that require searchlights for navigational and general life safety. Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER MEMORANDUM February 16, 2005 To: From: Subject: Mayor Ryan and Members of Council Thomas J. Quinn Chief Administrative Officer Policy Respecting the Acquisition and Disposal of Land Proposed Amendment to the Staff Recommended Policy File: L-4600-001 On Monday, February 14, 2005, the Executive Committee of Council considered Report CAO 05-05 respecting a staff recommended consolidated policy governing the acquisition and disposal of land in the City. At that meeting, concerns were raised respecting whether or not the role of City Council in land matter considerations would change if the new policy came into effect. I assured Council that their role would not change, and that it was my intention to ensure that the new land policy clearly articulated that the CAO's office would actively engage Council in all City land matters and considerations. Clause 3.02(h) in the current staff recommended policy document addresses this matter, and states that the: "Chief Administrative Officer (CAO) or designate to ... advise Council at a "closed" meeting of Council, of City staff's intent to recommend that certain lands be acquired or disposed of, seeking general consensus from Council and where appropriate, direction by Resolution to proceed with the matter." In my opinion this clause appropriately ensures Council will be engaged in all land matters at the onset. However, in order to further clarify Council's interaction in land acquisition and disposal matters, it is recommended that Council adopt the staff recommended land policy with the additional clause added to the "Policy Objective" section that includes the following new objective: ?£ Policy Respecting the Acquisition and Disposal of Land February 16, 2005 Page 2 "Ensure that Council is advised and consulted about all City land acquisitions and disposals by the Chief Administrative Officer." An amended page 1 of the recommended land policy, incorporating the above-noted clarification, is attached to this memorandum for your consideration. Please be advised that my current designate assisting me in all land matters is the Coordinator, Business Development & Investment. RST:TJQ:Ijm Copy: All Directors Chief Building Official Coordinator, Business Development & Investment THE CORPOP~ATION OF THE Cll~Y' OF PICKERING BY-LAW NO. 6487/05 Being a By-law to adopt a Policy respecting the Acquisition and Disposal of Land within the City of Pickering, Regional Municipality of Durham. WHEREAS section 6(1) of the Municipal Act, 2001, gives a municipality the authority to acquire land, including the power to expropriate land in accordance with the Expropriations Act, 2001; AND WHEREAS The Corporation of the City of Pickering is desirous of establishing a Policy to regulate such acquisitions and/or expropriations; AND WHEREAS section 268(1) of the Municipal Act, 2001, gives a municipality the authority to sell land and requires the municipality to pass a By-law establishing procedures governing the sale of land, including the giving of notice to the public; AND WHEREAS, a consolidated Policy has been developed establishing procedures for both the acquisition and disposal of municipal lands, which Policy supercedes the procedures respecting the acquisition of land described in Resolution #180/94 and those respecting the disposal of land described in By-law 5627~00. NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A attached to this By-law shall be deemed to be the Policy governing the Acquisition and Disposal of Land by The Corporation of the City of Pickering. Resolution #180/94 is hereby rescinded. By-Law 5627/00 is hereby repealed. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM POLICY STATEMENT: The Corporation of the City of Pickering will apply fairness and accountability when acquiring and disposing of land in accordance with applicable legislation, this policy and the principles of effective business practices. POLICY OBJECTIVE: The objective of this policy is to: 1. Acquire and dispose of land in accordance with the principles stated above. Acquire land only in support of municipal requirements and in consideration of a professional appraisal, where applicable. 3. Dispose of land at full market value, or equivalent consideration. Ensure that the negotiating process for acquiring or disposing of land is fair and carried out in the best interest of the public. Ensure that Council is advised and consulted about all City land acquisitions and disposals by the Chief Administrative Officer or designate. GOVERNING LEGISLATION: Section 268 of the Municipal Act, 2001 sets out the City's obligations relating to the disposal of land and required public notice. These obligations include the passing of a By-law establishing land disposal procedures and the maintaining of a public register identifying certain lands owned by the City. Other legislation governing the acquisition and disposal of land includes, but is not limited to, the Expropriations Act, the Environmental Assessment Act and the Planning Act and City By-Law 6166/03, as amended, which governs the public notice requirements relating to the acquisition or disposal of land. Page 1 of 23 PICKERING CITY POLICY/PROCEDURE ¸?5 Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM GENERAL: 01 Definitions: These definitions are intended to be used for the purpose of this policy/procedure. 01.01 Appraisal - An estimate of the current market value of land, presented in writing by a professional appraiser qualified under the designation Accredited Appraiser Canadian Institute (AACI). An Appraisal is required in all circumstances except: If the acquisition of land is gratuitous pursuant to the development process. Land 0.3 metres or less in width acquired in connection with approvals or decisions under the Planning Act. Easements granted to public utilities, telephone companies or pursuant to development process. Land sold under the Municipal Tax Sales Act. Closed highways, roads and road allowances if sold to an abutting landowner. Land formerly used for railway lines if sold to an abutting landowner. Land that does not have direct access to a highway if sold to an abutting landowner. Land repurchased by an owner in accordance with section 42 of the Expropriations Act. Land to be used for sites for the establishment of carrying on of industries and of industrial operations and incidental uses. Land sold pursuant to sections 107 to 110, inclusive, of the Municipal A ct. Page 2 of 23 PICKER1NG CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: 'ACQUISITION AND DISPOSAL OF LAND ADM 01.02 01.03 01.04 01.05 01.06 01.07 01.08 Notwithstanding the above-noted exemptions, the CAO may seek an appraisal on lands deemed to be exempt by the Municipal Act where it is appropriate in order to determine fair market value. Acquisition - To acquire certain lands into one's ownership, in fee simple. .Disposal - To dispose of certain lands from one's "fee simple" ownership. Expropriation - The taking of land without the consent of the owner. Fee Simple - Absolute form of ownership. Possessing registered title to land and having the jurisdiction to dispose of it. Easement - A right or restriction attached to the title of land. Public Highways / Road Allowances - The following are highways unless they have been previously closed: · All highways that existed on December 31, 2002. · All highways established by by-law of a municipality on or after January 1, 2003. · All highways transferred to a municipality under the Public Transportation and Highway Improvement Act. · All road allowances made by the Crown surveyors that are located in municipalities. · All road allowances, highways, streets and lanes shown on a registered plan of subdivision. Purchaser - The City, any individual, or company who enters into an agreement to acquire land. Page 3 of 23 CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: ADM Policy Title: ACQUISITION AND DISPOSAL OF LAND 01.09 01.10 01.11 02 Provisions: 02.01 02.02 02.03 02.04 Reference Plan - A plan that is prepared by an Ontario Land Surveyor which pictorially details the dimensions of a parcel of land or easement and which provides a legal description for registration purposes. Surplus Land - Land which is no longer required by the municipality and which has been declared surplus through By-law or Resolution passed at a meeting of Council. Surplus Land may include buildings. Vendor - The City, any individual or company who enters into an agreement to sell land. This policy is limited to the acquisition and disposal of land not otherwise governed by the land development process as specifically described herein and is not applicable to the procurement and sale of any other goods, services or assets. Land shall be acquired free of encumbrances, except for any easements required by provincial or federal governments or their assigned agencies, the Region of Durham (hereinafter referred to as the "Region"), a public utility, a conservation authority or other public body. In the event that a provision within this policy is inconsistent with any Act or regulation that applies to the acquisition or disposal of land by the municipality, the Act or regulation shall take precedence over the provisions of this policy to the extent necessary to comply with the law. Where such a contradiction is determined, this Policy shall be amended as required. This policy shall not apply when land is being acquired from, or sold to, the following classes of public bodies: (a) A municipality, including a metropolitan or regional municipality. (b) A local board as defined in the Municipal Affairs Act. Page 4 of 23 ?3 PI(2KERIN CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 03 (c) An authority under the Conservation Authorities Act. (d) The Crown in Right of Ontario or of Canada and their agencies. 02.05 Deviations to this policy may be authorized by the Chief Administrative Officer so long as such deviations relate only to a procedural matter which does not substantially affect the policy or its intent, as approved by Council, and are not contrary to any applicable legislation. Responsibilities: 03.01 Council to: (a) Approve and actively support this policy. (b) By By-law or Resolution, in the case of the acquisition of land: (i) Approve the acquisition of the land for municipal purposes. (ii) Approve, in principle, the recommended terms and conditions of the acquisition. (iii) Authorize the execution of the appropriate documentation by the Mayor and City Clerk for the acquisition. (c) By By-law or Resolution, in the case of the disposal of land: (i) Declare the land surplus to the needs of the municipality for the purpose of sale. (ii) Approve, in principle, the recommended terms and conditions of disposal. (iii) Approve the recommended method of disposal. (iv) Authorize the execution of the appropriate documentation by the Mayor and City Clerk to effect the disposal. (d) Authorize that the Chief Administrative Officer approve the final terms and conditions of any acquisition or disposal, provided they Page 5 of 23 ICKER1NG CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 03.02 are consistent with legislation and the governing principles stated herein. Chief Administrative Officer (CAO), or designate, to: (a) Actively support this policy. (b) Identify land which is no longer required by the municipality or, is necessary to be acquired for municipal purposes. (c) Receive requests from City staff, outside agencies or private individuals concerning the possible acquisition or disposal of land. (d) Consider proposals for the acquisition or disposal of land and determine, in consultation with public agencies and City Department Heads, the general terms and conditions of the acquisition or disposal. (e) Obtain an appraisal, where prescribed, of land being acquired or disposed of. (0 If required, requisition the preparation of a reference plan of the land being acquired or disposed of. (g) If there is any reason to believe that the land being acquired or disposed of may be contaminated, the CAO shall acquire or requisition an assessment of the land by a qualified person. (h) Advise Council at a "closed" meeting of Council, of City staff's intent to recommend that certain lands be acquired or disposed of, seeking general consensus from Council and where appropriate, direction by Resolution to proceed with the matter. Page 6 of 23 1-qCK ERING CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Title: Policy Number: Classification: ADM Category: Subject: ACQUISITION AND DISPOSAL OF LAND 03.03 (i) Authorize, in writing, the Coordinator, Property & Development Services to proceed, or not to proceed with the acquisition or disposal of land outlining therein any specified terms or conditions determined by senior management and Council. Copy written direction to all Directors. (J) Negotiate, if required, and approve the final terms and conditions of such acquisitions or disposal of land in accordance with this policy. Solicitor acting for the City to: (a) Actively support the policy and ensure its continued compliance with governing legislation. (b) Provide legal guidance and direction to Council, the CAO and City staff in order to ensure compliance with the interpretation of applicable legislation and this policy, ensuring the legal interests of the City are protected. (c) Update Council and the CAO, where required, and City staff of all legal and legislative changes respecting the acquisition and sale of municipal lands. (d) Approve the legal form of all documents required to carry out the requirements of this policy. (e) In the event land is to be acquired through expropriation, prepare all appropriate documentation, including Reports, By-laws or Resolutions for Council that are necessary to seek authorization to expropriate the lands required by the City. (f) Attend hearings, if required, dealing with expropriation matters. Page 7 of 23 RrNG Approval: Reference: Resolution # CITY POLICY/PROCEDURE Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 03.04 (g) (h) Obtain, prepare and distribute all documentation necessary to carry out the expropriation. Provide the Coordinator, Property & Development Services with all documentation and details necessary to effect the final conveyance of expropriated lands to the City. Coordinator, Property & Development Services to: (a) Coordinate and complete the acquisition or disposal of land in accordance with applicable legislation, this policy and any terms and/or conditions prescribed by the CAO, consulting with the Solicitor, as required. (b) Prepare Reports to Council and By-laws and/or Resolutions to secure Council's authorization to proceed with the acquisition or disposal of land. (c) Prepare, in consultation with the Solicitor acting for the City, Agreements of Purchase and Sale, when required, and attend to their execution. (d) If land being disposed of, prepare all appropriate public notices in accordance with this policy and the Public Notification Policy. (e) If land being disposed of has been designated as a road allowance, effect all steps required by section 10 herein. (f) If land is being disposed of, ensure all required easements are obtained for the City and Region prior to disposal. (g) In the event land is being disposed of by way of inviting "Offers to Purchase", prepare and forward the Offer to Purchase packages to the Manager, Supply & Services for distribution, which packages should include: Page 8 of 23 CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM (h) O) (J) (k) (i) Two (2) copies of the Agreement of Purchase and Sale. (ii) Terms of Reference, which among other things shall set out the date the Offer to Purchase packages will be opened by City staff and the various offers recorded (the "opening") and minimum offer requirement. (iii) Copy of the reference plan outlining the subject lands. (iv) Location mapping of the lands. (v) Indemnification Agreement (If land being disposed of was previously a road). Attend the opening. Review offers to determine, in consultation with the CAO or designate, the successful purchaser. Contact the successful purchaser and obtain all relevant information required to continue with the disposal process as well as the unsuccessful individuals who submitted offers to inform them accordingly. Advise the Manager, Supply & Services, in writing, as to who has been accepted as successful purchaser and the scheduled closing date. Copy Directors. Prepare all closing documentation respecting acquisition or disposal of lands in accordance with section 12 herein. Page 9 of 23 CITY POLICY/PROCEDURE 83 Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: ADM Policy Title: ACQUISITION AND DISPOSAL OF LAND 03.05 Manager, Supply & Services: When it is determined that the method to dispose of City-owned lands will be done by inviting Offers to Purchase, the Manager, Supply & Services, or a designate, shall: (a) Prepare a notice, in accordance with the Public Notification Policy, advising that certain City-owned land has been declared surplus and the City is inviting the submission of Offers to Purchase from the public. (b) Distribute Offer to Purchase packages to interested parties, which packages will be prepared and provided by the Coordinator, Property & Development Services. (c) Accept Offer to Purchase packages and hold until the date scheduled for the opening. (d) Attend the opening and record all pertinent information respecting offers. (e) Summarize all offers and forward listing to the Coordinator, Property & Development Services along with submitted Agreements of Purchase and Sale and cheque deposits. Page 10 of 23 Approval: Reference: Resolution # CITY POLICY/PROCEDURE Date Originated: F~olicy Number: Classification: Date Revised: Category: Subject: ADM Policy Title: ACQUISITION AND DISPOSAL OF LAND LAND ACQUISITION: 04 Pre-Consultation: 04.01 The CAO, or his designate, shall consider and/or evaluate all requests concerning the possible acquisition of land for municipal purposes. 04.02 The CAO, or his designate, shall prepare documentation for circulation to internal staff seeking information, concerns or concensus for acquisition of land. In the event the concensus is favourable, the CAO, or his designate, may, (a) (b) Obtain an appraisal of the lands. Obtain a reference plan, if required. 04.03 If there is any reason to believe that the lands considered for acquisition may be contaminated, the CAO shall obtain an assessment, by a qualified person, to determine whether the condition of the land conforms with the environmental standards required for the proposed land use. 04.04 Where a determination is made to acquire land for municipal purposes, the CAO shall forward a direction to proceed with such acquisition to the Coordinator, Property & Development Services, which shall include: (a) (b) (c) (d) (e) (f) A description of the land. The purpose of the acquisition. Any specific terms and conditions of the acquisition. A copy of the appraisal and if required, a reference plan. The account or project number all administration costs should be charged to. Pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. Page 1 ! of 23 PICKER1NG CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 05 Report to Council: 05.01 Following direction from the CAO to acquire specified land, the Coordinator, Property & Development Services, will prepare a Confidential** Report to Council which may contain the following information: ** If acquisition is for 'nominal consideration' Report to Council does not need to be Confidential ** (a) A recommendation that a By-Law or Resolution be passed to acquire certain lands for use by the corporation. (b) The legal description and municipal address (where available) of the land required for municipal purposes. (c) General comments respecting why the land is required by the corporation. (d) General financial implications of the purchase, including the purchase price, associated legal costs, costs relating to the preparation of the appraisal and reference plan and closing costs. (e) Site sketch and/or location mapping. (f) Staff's comments. (g) Other terms and conditions that may be relevant to the acquisition and the anticipated closing date. Page 12 of 23 CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 06 07 Negotiating and Completing Purchase: 06.01 Following receipt of Council's authorization by By-law or Resolution, the Coordinator, Property & Development Services will proceed with the land acquisition based on the terms specified by the CAO and set out in the Report. 06.02 If the negotiation and completion of a purchase cannot be concluded within the terms specified, the Coordinator, Property & Development Services will report the details to the CAO, who will make a determination on the matter. 06.03 Following completion of negotiation, the Coordinator, Property & Development Services will arrange a mutually agreeable closing date with the vendor and attend to the preparation and execution of all the applicable legal documentation (see section 12.01) to effect the conveyance. 06.04 Coordinator, Property & Development Services will undertake the closing of the acquisition in accordance with section 12.01. 06.05 Coordinator, Property & Development Services will ensure all applicable internal staff are made aware of closing details. 06.06 Coordinator, Property & Development Services will attend to the updating of the City's property register and forward location mapping of new acquired property to the Director, Operations & Emergency Services and City Clerk for inclusion into their copies of the property register. Expropriation: 07.01 Section 6(1) of the Municipal Act, 2001, authorizes a municipal Council to acquire land for municipal purposes through expropriation in accordance with the Expropriations Act. Page 13 of 23 PK2KKRINC CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 07.02 07.03 The City will make every reasonable attempt to acquire land through negotiation. In the event that all reasonable negotiation efforts are exhausted, the CAO may initiate the process to acquire such land necessary for municipal purposes through expropriation. Following direction from the CAO to initiate the process to acquire land through the expropriation process, the Solicitor acting for the City will prepare a Confidential Report to Council seeking authority, by By-Law or Resolution, to acquire such land via the expropriation process. This Report may include the following information: (a) (b) (c) (d) (e) (0 A recommendation that a By-Law or Resolution be passed authorizing the Solicitor acting for the City to initiate the process to expropriate the land required for municipal purposes in accordance with the Expropriations Act and other applicable legislation. (g) (h) The legal description and municipal address (where available) of the land being expropriated for municipal purposes. Site sketch and/or location mapping. The proposed use of the land. Staff's comments. Information relating to the appraised value of the land and associated expropriation costs. Summary of the negotiation process to date. Information about the expropriation process and the anticipated costs that the corporation may incur to successfully expropriate the land required for municipal purposes. Page 14 of 23 PICK FR1Nf', CITY POLICY/PROCEDURE Approval: Reference: Resolution # Policy Title: Date Originated: Date Revised: Policy Number: Classification: Category: ~ Subject: ACQUISITION AND DISPOSAL OF LAND ADM 07.04 Following authorization by Council, the Solicitor acting for the City will attend to the preparation, coordination and circulation of all the necessary legal documentation to effect the expropriation in accordance with applicable law. 07.05 Once all matters respecting the expropriation of a property have been completed, the Solicitor acting for the City will provide the Coordinator, Property & Development Services with written details and instructions as to the closing terms and conditions of the property. Those instructions are to include, among others, the name and phone number of the owner's solicitor, the price to be paid for the land and the scheduled date of closing. As well, the instruction should include the pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. 07.06 Upon receipt of the necessary documentation and direction from the Solicitor acting for the City, the Coordinator, Property & Development Services will attend to the registration of the expropriated lands and will advise Council, the CAO, Department Heads and City Clerk about the particulars of the acquisition. 07.07 Coordinator, Property & Development Services will attend to the updating of the City's property register. DISPOSAL OF LAND: 08 Pro-Consultation: 08.01 The CAO, or his designate, shall consider and/or evaluate all requests respecting the possible disposal of land from the corporation's land inventory, considering any interest expressed by any public agencies. Page 15 of 23 CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 08.02 08.03 08.04 Following a determination, in consultation with the Department Heads that certain lands are no longer required for municipal purposes and may be offered for disposal, the CAO will: (a) Consult with Council at a "closed" meeting in order to obtain general endorsement to proceed with the disposal of lands in accordance with this policy; or where determined appropriate, pass a Resolution to proceed with the disposal. (b) Obtain an appraisal of the lands. (c) If required, obtain a reference plan. If there is any reason to believe that the lands being disposed of may be contaminated, the CAO shall acquire or requisition an assessment of the condition of the land by a qualified person. Where a final determination is made to proceed with the disposal of municipal land, the CAO shall forward written direction to the Coordinator, Property & Development Services, to bring forward the appropriate documentation to declare the land surplus to the needs of the City, which direction shall include: (a) A description of the land, roll number, municipal address. (b) The recommended method of disposition, either by conveyance to a specific party, 'by inviting offers or by open public sale. (c) All relevant terms and conditions of disposal, including, but not limited to, the asking price, a copy of any prepared reference plan. (d) Pink receipt copies used for the payment of the preparation of the appraisal, reference plan and any other documentation required to acquired the lands. Page 16 of 23 CITY POLICY/PROCEDURE Approval: Date Originated: Reference: Date Revised: Resolution # Policy Number: Classification: ADM Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND 09 Report to Council and Notice Requirements Following direction from the CAO to proceed with the disposal of land, in accordance with this policy, the Coordinator, Property & Development Services, will prepare a Report to Council, if required, which may contain the following information: (a) (b) (c) (d) 09.01 (e) (0 (g) A recommendation that a By-Law or Resolution be passed, declaring the lands surplus to the needs of the corporation for the purpose of sale. The legal description and municipal address (where available) of the land being disposed of. General comments respecting why the land is no longer required by the City. General financial implications of the sale; including the costs associated with legal requirements, the preparation reference plan, if required and closing costs. Site sketch and/or location mapping. Staff's comments. The method of disposal, being one of the following: (i) of a Disposal to a specific interested party, where applicable. By inviting Offers to Purchase, if negotiation with an interested party is not applicable or is unsuccessful. Through an open public sale, if no offers are received or no submitted offers are acceptable. Page 17 of 23 P]CKF, R1NG CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 10 (h) Other terms and conditions that may be relevant to the disposal, and the anticipated closing date. 09.02 Once lands have been formally declared surplus for the purpose of sale, Coordinator, Property & Development Services will prepare the appropriate public Notice advising that Council has deemed certain lands surplus to the corporation for the purpose of sale. Notice will differ depending on what method of disposal has been determined. The Notice must appear prior to finalizing sale of lands. Disposal of Lands Designated as a Public Highway: This procedure should be followed in all circumstances where there is any evidence that lands being disposed of have been traveled upon as a road or maintained as a road but not necessarily dedicated as a road. 10.01 If the land being disposed of has been designated as a traveled road allowance/public highway, the provisions of the Municipal Act governing road closures must be effected prior to the proceeding with the steps required by section 9 herein. 10.02 Where the land authorized for disposal has been designated as a traveled road allowance/public highway, the Coordinator, Property & Development Services shall: (a) Prepare all appropriate utility and agency notices advising of road closure and seeking agency interest for easements (plants to be removed or relocated). (b) Arrange for public notice to be given in accordance with the MunicipalAct, 2001 and the City's Public Notification Policy. (c) Prepare a Report to Council and By-law seeking authorization to stop-up and close the road as a public highway, and declare surplus for the purpose of disposal. Page 18 of 23 PICKERING CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: ADM Policy Title: ACQUISITION AND DISPOSAL OF LAND 11 (d) Attend to the registration of the dedicating By-law, if required, and Road Closing By-law prior to conveying lands into separate ownership. (e) Ensure that all regional or utility easements are registered on title prior to conveying the lands into separate ownership. 10.03 If the City requires an easement on the lands being sold, the Coordinator, Property & Development Services shall prepare the Transfer of Easement for the City and ensure that Acknowledgement and Direction is received from the purchaser acknowledging the City's requirement for the easement and an Undertaking is provided by the purchaser's solicitor indicating that, immediately following the registration of the Transfer of Land to the purchaser, the purchaser's solicitor will register the Transfer of Easement in favour of the City. Negotiating and Completing the Sale: 11.01 Conveyance to Specific Party (Individual or Corporation) If the land is being sold to a specific party, the Coordinator, Property & Development Services shall prepare the Agreement of Purchase and Sale, if applicable, under direction of the Solicitor acting for the City and in accordance with the terms specified by the CAO and established in the Council Resolution or By-law, and make arrangements for the final conveyance of land. 11.02 If a satisfactory Agreement of Purchase & Sale or arrangement cannot be concluded with a specific individual/corporation within the terms specified, the Coordinator, Property & Development Services shall consult with the CAO prior to proceeding with the conveyance through any other means. Page 19 of 23 CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised' Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 11.03 11.04 11.05 11.06 Conveyance by Inviting Offers to Purchase In the event that land is being sold by way of inviting Offers to Purchase, the Manager, Supply & Services will prepare a public notice advising of the City's intent to invite Offers to Purchase. Such notice shall be prepared and processed in accordance with the Public Notification Policy. Such notice should also be placed in the real estate section of the local newspaper (across Durham) at least once within the first week notice appears on community page. Coordinator, Property & Development Services will prepare invitation packages and provide packages to Manager, Supply & Services for distribution. Packages will include: (a) Two (2) copies of the Agreement of Purchase and Sale. (b) Terms of reference for the disposal of the lands, which shall include a minimum offer requirement. (c) Copy of the reference plan outlining the subject lands. (d) Location mapping of the lands. (e) Indemnification Agreement (If land being disposed of was previously a road). Offers shall be received by the Manager, Supply & Services, recorded as to the date and time of receipt and shall be retained unopened, until the final date established for the receipt of offers. A minimum of three (3) City staff, to include the City Clerk, Manager, Supply & Services and Coordinator, Property & Development Services, or their designates, shall attend at the offer opening. Any other interested party may also attend. Page 20 of 23 9; CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 11.07 11.08 11.09 11.10 11.11 11.12 The announcing of offer information shall be done by the City Clerk, or designate, as each package is opened and the recording of offer information shall be done by the Manager, Supply & Services, or designate, at the time each package is opened. Once all of the packages have all been opened, the Manager, Supply & Services, or designate, will provide a summary of the offers to the Coordinator, Property & Development Services. Following receipt of the summary of offers, the Coordinator, Property & Development Services, in consultation with the CAO, or designate, will determine a successful purchaser. Coordinator, Property & Development Services will contact the successful purchaser and obtain relevant information required to continue with the conveyance process. As well, the Coordinator, Property & Development Services will contact the unsuccessful individuals who submitted offers to inform that they were unsuccessful. In the event that no offers are received, or no offer is accepted by the City, the Coordinator, Property & Development Services may proceed with the conveyance of the surplus lands through disposal on the open public market. Disposal by Open Public Sale If land is being conveyed by way of an Open Public Sale, the Coordinator, Property & Development Services will arrange for the installation of a 'for sale' sign on the land and arrange for a notice of such sale to appear: (a) In the community page of the local newspaper, (b) In the real estate section of local newspaper for ali of Durham Region, and Page 21 of 23 PICK b;R1NC4 CITY POLICY/PROCEDURE 95 Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 12 (c) On the City's website, until an offer is received or direction is given by the CAO to discontinue the attempt to dispose of the land. 11.13 Coordinator, Property & Development Services will receive all offers, advise the CAO, or designate, as to the particulars and upon concurrence of the CAO, or designate, of an acceptable offer, advise the successful individual/corporation that the City has accepted their offer, following which, the Coordinator, Property & Development Services will proceed to finalize the conveyance of land. Coordinator, Property & Development Services will arrange for the removal of the "for sale" sign. Closinq the Transaction: 12.01 Prior to the final acquisition of land by the City or disposal of land by the City, the Coordinator, Property & Development Services will: (a) Attend to the preparation of all required legal documentation under the direction of the Solicitor acting for the City to effect the conveyance: Acquisition Disposal · Requisition Letter to Lawyer Requisition Letter to all Utilities, if applicable · Tax Certificate Request · Zoning Compliance Request · Undertaking to Close & Adjust · Bill of Sale · Warranty · Receive & Register Deed · Transfer of Deed · Transfer of Easement if required · Statement of Adjustments · Certificate of Clerk Requisition Response Ltr. · Declaration · GST Information · Undertakings Page 22 of 23 9 o CITY POLICY/PROCEDURE Approval: Reference: Resolution # Date Originated: Date Revised: Policy Number: Classification: Category: Subject: Policy Title: ACQUISITION AND DISPOSAL OF LAND ADM 12.02 12.03 12.04 · Document Registration Agreement · Document Registration Agreement (b) Arrange a mutually agreeable closing date with the purchaser's solicitor. (c) In the case of an acquisition, requisition the funds from Corporate Services Department. (d) In the case of the disposal of City-owned lands, ensure that funds are received from the purchaser. (e) Coordinate the closing of the transaction. For sale of surplus lands, the Coordinator, Property & Development Services will process closing cheque, coordinate all information relating to the costs incurred by the City to purchase or sell certain lands and prepare reporting memo to the Manager, Accounting Services, advising of closing particulars. (All pink receipt copies provided by CAO for costs associated with project that have been held at front of file will be attached to memo to the Manager, Accounting Services). Coordinator, Property & Development Services will prepare final reporting memo (with copy of registered Transfer(s) to the City Clerk; Division Head, Municipal Property & Engineering; Supervisor, Development Control; Coordinator, Taxation Services; and copy memo to the CAO; all Department Heads; Manager, Development Review; Chief Building Official; Coordinator, Business Development Investment and Solicitor acting for the City). Coordinator, Property & Development Services will either remove property page from City's property register relating to the property just sold, or add newly acquired property to City's property register and prepare memo to the City Clerk and Director, Operations & Emergency Services advising them to do the same. Page 23 of 23