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HomeMy WebLinkAboutFebruary 21, 2005Council Meeting Minutes Monday, February 21, 2005 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson B. McLean D. Pickles ABSENT: R. Johnson ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll G. Paterson T. Melymuk B. Taylor R. Taylor J. Reble - Chief Administrative Officer - Chief Administrative Officer (Acting) and Director, Operations & Emergency Services (to 9:55 pm) - Director, Planning & Development (to 8:08 pm) - Director, Corporate Services & Treasurer (to 8:08 pm) - Division Head, Corporate Projects & Policy (to 7:30 pm) - City Clerk (to 9:55 pm) - Coordinator, Business Development & Investment (to 8:08 pm) - Solicitor for the City (to 9:55 pm) (~) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (11) ADOPTION OF MINUTES Regular Meeting of February 7, 2005 -1- Council Meeting Minutes Monday, February 21, 2005 7:30 PM (111) RESOLUTIONS Resolution #29/05 Moved by Councillor Brenner Seconded by Councillor McLean That the Report of the Executive Committee EC 2005-03, dated February 14, 2005, be adopted. CARRIED (IV) BY-LAWS That Councillor Brenner, seconded by Councillor McLean, took leave to introduce by- laws of the City of Pickering: 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). 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. -2- Council Meeting Minutes Monday, February 21, 2005 7:30 PM 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. 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. -3- Council Meeting Minutes Monday, February 21, 2005 7:30 PM 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, Picketing. 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. 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) 4 Council Meeting Minutes Monday, February 21, 2005 7:30 PM 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. By-law Number 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. By-law Number 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. By-law Number 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. By-law Number 6485/05 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1957, Pickering, from title. -5- Council Meeting Minutes Monday, February 21, 2005 7:30 PM By-law Number 6486/05 Being a by-law to regulate the use of searchlights in the City of Pickering. By-law Number 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. CARRIED THIRD READING: Councillor Brenner, seconded by Councillor McLean, moved that By-law Numbers 6458/05, 6459/05, 6460/05, 6461/05, 6462/05, 6463/05, 6464/05, 6465/05, 6466/05, 6467/05, 6468/05, 6469/05, 6470/05, 6471/05, 6472/05, 6473/05, 6474/05, 6475/05, 6476/05, 6477/05, 6478/05, 6479/05, 6480/05, 6481/05, 6482/05, 6483/05, 6484/05, 6485/05, 6486/05 and 6487/05, 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 affixed thereto. CARRIED (V) OTHER BUSINESS Councillor Pickles reported that the NRU Bulletin stated that the City of Vaughan is reviewing its Building Permit fees in response to Bill 24. He asked if the City of Pickering is undertaking the same review. Councillor Pickles stated that Transport Canada is proposing to demolish various structures on the airport lands and asked staff to report on what the role and responsibility of the City is in this regard. Councillor Pickles reported that high school students require 40 hours of volunteer service in order to attain a Grade 12 diploma. He requested staff to investigate areas under the City's jurisdiction where these students could volunteer. Councillor Pickles reported that he attended the Valley View School Community Council meeting and was pleased that the City's Traffic Coordinator was working with this group to rectify certain problems under the City's jurisdiction. He asked staff to follow up with the Durham District School Board and the Region on how they are rectifying problems within their jurisdiction. -6- Council Meeting Minutes Monday, February 21, 2005 7:30 PM 10. 11. Councillor McLean stated that he is receiving many calls and E-Mails about the demolitions taking place on the airport lands. He has spoken to Mark Holland, MP, who will be investigating this issue from the Federal end. He was of the understanding that there is an agreement that heritage homes would not be destroyed. Councillor McLean requested staff to speak to the School Crossing Guard at the south end of Liverpool Road with respect to signage. Councillor Brenner questioned the City's jurisdiction with respect to demolitions on the airport lands. He noted that twelve eviction notices have been issued and felt that there must be compliance with Ontario legislation. He felt that no demolition permits should be issued until the question of jurisdiction has been confirmed. Councillor Dickerson stated that he is concerned about demolitions on both the airport lands and the Squires Beach community. He noted that no buildings should be unreasonably demolished when there are so many homeless people seeking shelter. Councillor Dickerson noted that the Province has already responded to the resolution passed by Council on February 7, 2005 regarding a tax deduction for using public transit. Mayor Ryan directed staff to respond to the issue of the demolitions on the airport lands. The following matters were considered pdor to the regular meeting: Resolution #30/05 Moved by Councillor Brenner Seconded by Councillor McLean That Council Meeting in a Closed Meeting at 7:00 pm to discuss matters of potential litigation and a matter of an issue protected under the FOI Act. CARRIED -7- Council Meeting Minutes Monday, February 21, 2005 7:30 PM a) b) Resolution #31/05 Moved by Councillor Ashe Seconded by Councillor Brenner That the recommendations set out in Report to Council CAO 06-05 regarding an FCM Green Municipal Enabling Fund Grant to the City of Picketing be approved. CARRIED The Solicitor for the City provided an update on the Application to the Superior Court of Justice respecting the Agricultural Easements. This Closed Meeting of Council recessed at 7:30 pm and reconvened at 8:08 pm c) Resolution #32/05 Moved by Councillor Brenner Seconded by Councillor McLean That the Solicitor for the City be instructed to pursue settlement negotiations with the applicant respecting the Application to the Superior Court of Justice respecting the Agricultural Easements and report back to Council by February 28, 2005 at the latest. CARRIED The following amendment was considered in conjunction with the above resolution: Resolution #32105{a) Moved by Councillor Pickles Seconded by Councillor Ashe That the Solicitor for the City be instructed to act in the best interests of the City and explore all options in negotiations with the applicant respecting the Application to the Superior Court of Justice respecting the Agricultural Easements. LOST -8- PICKEI IG Council Meeting Minutes Monday, February 21, 2005 7:30 PM d) e) Councillor Pickles inquired into the confidential nature of correspondence received from Duffins Capital Corp. and the Solicitor for the City responded that the Minutes of Settlement are confidential. Councillor Brenner stated that the appointments of Pickering stakeholders to the York/Durham Advisory Committee should be considered at the Executive Committee Meeting in an open session. Resolution #33105 Moved by Councillor Brenner Seconded by Councillor McLean That due to the significance and timelines respecting various matters, during the absence of the Chief Administrative Officer, the following will be reported directly to Council by the (Acting) Chief Administrative Officer for direction: a) b) c) d) e) g) all matters pertaining to litigation involving the agricultural easements, all matters pertaining to the Province of Ontario and the Planning and Development Act, Seaton and the Growth Management Study, all matters pertaining to the ongoing investigation and implementation of the recommendations of the forensic audit carried out in response to concerns as raised by the taxi industry, all matters of finance that pertains to preparation of a draft budget for 2005, all legal matters and agreements involving the City of Pickering, all matters respecting public alerting, all matters respecting the proposed airport and discussions related thereto, That the (Acting) Chief Administrative Officer will continue to have all remaining responsibilities pertaining to the day to day management of the City and its staff. CARRIED 9 PICKER1NG Council Meeting Minutes Monday, February 21, 2005 7:30 PM Resolution #34/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That Council rise from this Closed Meeting at 10:35 pm CARRIED (VI) CONFIRMATION BY-LAW By-law Number 6488~05 Councillor Dickerson, seconded by Councillor Brenner, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of February 21,2005. CARRIED Cw~) ADJOURNMENT The Meeting adjourned at 10:35 pm. DATED -10- PICKER1NG 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 Pickering. 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 -11 - 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. - 12- 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 Pickering 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. -13- PICK FI,tING Appendix I Executive Committee Report EC 2005-03 CORPORATE SERVICES REPORT CS 14-05 RESTRICT THE USE OF SEARCHLIGHTS That Corporate Services Report CS 14-05 regarding the use of searchlights be received; and That the draft by-law to restrict the use of searchlights, 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 16-05 ENDORSEMENT OF RECOMMENDATIONS OF HERITAGE PICKERING 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 heritage 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 -14- PICi(ERING Appendix I Executive Committee Report EC 2005-03 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 -15-