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HomeMy WebLinkAboutDecember 5, 2005Council Meeting Minutes Monday, December 5, 2005 7:30 pm PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson D. Bentley D. Shields I) III) - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Deputy Clerk INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. ADOPTION OF MINUTES Moved by Councillor Johnson Seconded by Councillor Brenner Regular Council Meeting of November 21, 2005 DELEGATIONS CARRIED Steve Mahoney, Mahoney International, addressed Council concerning Pay Assurance. Mr. Mahoney noted that Pay Assurance is a program that tries to protect core infrastructure contractors by placing in subdivision agreements conditions that would secure payment to the contractor in case a developer did not pay. Council Meeting Minutes Monday, December 5, 2005 7:30 pm Discussion took place on the program and it was the consensus of Council that staff meet with representatives of the Pay Assurance program and report back to Council with information on how the program works and the affect it will have on the Municipality. Ryan Porter, Youth Transition Specialist, What's Next? - Transition Strategies, addressed Council requesting sponsorship and support for an educational event. The event is for grade 12 students and their parents and educators and will help change the way students and their advisors view and manage post-secondary careers and education choices. Ellen Adams, Rosebank Road Association Executive, addressed Council with respect to Report PD 44-05 of the Director, Panning & Development. Mrs. Adams reiterated what had happened to date with the planned development and noted that they had conducted another meeting and had came to a compromise on what the community, developer and staff wanted. Mrs. Adams thanked everyone involved for all the hard work that was completed to come to this agreement. Richard Weldon of Weldon Lands Inc., appeared before Council and thanked everyone involved in the process and noted that he was in support of the recommendations put forward by the Planning Department, CORRESPONDENCE (1) (2) CORR. 10-05 L. J. (JOE) DICKSON COUNCILLOR - WARD 2 Town of Ajax 65 Harwood Ave. S., Ajax Receive for Information Submitting a letter dated November 10, 2005 thanking Council for the continued efforts and leadership in Pickering and further congratulating Pickering on winning the waste reduction challenge. CORR. 11-05 PAUL JONES TOWN CLERK Town of Whitby 575 Rossland Rd. E., Whitby Motion for Direction Council Meeting Minutes Monday, December 5, 2005 7:30 pm Submitting for Council's consideration a copy of a resolution adopted by the Council of the Town of Whitby at their meeting held on November 14, 2005 with respect to Bill 169, an Act to amend the Highway Traffic Act. Resolution #210/05 Moved by Councillor McLean Seconded by Councillor Brenner That CORR. 10/05 from L. J. (Joe) Dickson, Councillor-Ward 2, Town of Ajax, be received for information. That CORR. 11-05 from Paul Jones, Town Clerk, Town of Whitby, be received for information. v) REPORTS CARRIED Executive Committee Report EC 2005-16 (2) Director, Planning & Development, Report PD 46-05 Zoning By-law Amendment Application A 20/05 Gabriela Kepinski 1895 Clements Road Part of Lot 17, B.F.C., Range 3 (Durham Condominium Plan 112, Level 1, Unit 161) City of Pickering COUNCIL DECISION That Zoning By-law Amendment Application A 20~05, be APPROVED as set out in the draft by-law attached as Appendix I to Report PD 46-05, to amend the existing zoning on the subject lands to add a body rub parlour as a permitted use on lands being Part of Lot 17, B.F.C. Range 3, (Durham Condominium Plan 112) City of Pickering; and That the amending zoning by-law to implement Zoning By-law Amendment Application A 20/05, as set out in Appendix I to Report PD 46-05, be FORWARDED to City Council for enactment. Council Meeting Minutes Monday, December 5, 2005 7:30 pm (3) Director, Corporate Services & Treasurer, Report CS 86-05 Cash Position Report as at September 30, 2005 COUNCIL DECISION That Report CS 86-05 from the Director, Corporate Services & Treasurer concerning the Cash Position Report as at September 30, 2005, be received for information. (4) Director, Corporate Services & Treasurer, Report CS 89-05 2006 Temporary Borrowing By-law COUNCIL DECISION That Report CS 89-05 from the Director, Corporate Services & Treasurer, be received; That the temporary borrowing limit to meet 2006 current expenditures pending receipt of taxes and other revenues be established at $27,000,000 for the period January 1, 2006 to September 30, 2006 inclusive, and $13,500,000 thereafter until December 31, 2006; That the temporary borrowing limit for capital purposes for 2006 be established at $17,000,000; 4. That the attached by-law be read three times and passed; and o That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. (5) Director, Corporate Services & Treasurer, Report CS 88-05 Ontario Transit Vehicle Program -2005 Request for Allocation of Funds COUNCIL DECISION 1. That Report CS 88-05 be received for information; and That Council approve the application for Provincial subsidy funding as directed in the Ontario Transit Vehicle Program (OTVP) guidelines for 2005; 4 Council Meeting Minutes Monday, December 5, 2005 7:30 pm (6) That Council approve the (OTVP) application for the eligible expenditures as approved in 2005 APTA Budget and the Director, Corporate Services and Treasurer be authorized to make any changes to the OTVP application or undertake any actions necessary in order to ensure the application process is complete; and That the appropriate officials of the City of Pickering and the Ajax Pickering Transit Authority be given authority to give effect thereto. Confidential Memorandum Dated November 22, 2005 from the City Solicitor to the Chief Administrative Officer Re: Taxicab Matter (7) COUNCIL DECISION That the recommendation contained in the Confidential minutes of November 28, 2005, be adopted. Confidential Memorandum dated November 25, 2005 from the Chief Administrative Officer; Director, Operations & Emergency Services and Director, Corporate Services & Treasurer Re: Space Needs COUNCIL DECISION That the recommendations contained in the Confidential minutes of November 28, 2005, be adopted. Resolution #211/05 Moved by Councillor Johnson Seconded by Councillor Brenner That the Report of the Executive Committee EC 2005-16, dated November 28, 2005, be adopted save and except Item 1. CARRIED 5 Council Meeting Minutes Monday, December 5, 2005 7:30 pm (1) Director, Planning & Development, Report PD 44-05 Draft Plan of Subdivision Application SP-2004-05 Zoning By-law Amendment Application A 13/04 Weldon Lands Inc. on behalf of the Estate of A. Tyas 542 Kingston Road Block B, Registered Plan 473 and Part Lot 30, Range 3, B.F.C. City of Pickering Resolution #212/05 Moved by Councillor Ashe Seconded by Councillor Brenner That Draft Plan of Subdivision Application S-P-2004-05 submitted by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit the development of a plan of subdivision, be APPROVED, subject to the conditions outlined in Appendix I to Report PD 44-05, as amended as follows: Condition 1.1 be revised as follows: 1.1 That this recommendation apply to the draft plan prepared by David Horwood Ltd., dated October 25, 2004, Project Number 6239, for Draft Plan of Subdivision Application S-P- 2004-05 submitted by Weldon Lands Inc., on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to permit a development block for 22 townhouse dwelling units and 13 detached dwellings. That Zoning By-law Amendment Application A 13/04 submitted by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., City of Pickering, to establish performance standards to permit the development of detached dwellings and townhouse dwelling units, be APPROVED, generally in accordance with the following conditions: 3. That the implementing zoning by-law: (a) permit the establishment of townhouse dwelling units in accordance with the following provisions: 6 PICKERING Council Meeting Minutes Monday, December 5, 2005 7:30 pm (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (xii) maximum of 22 townhouse dwelling units; townhouses are restricted from lands that abut existing detached dwellings maximum building height of 12.0 metres for townhouses; minimum front yard depth of 2.5 metres from Kingston Road; minimum east side yard width of 1.5 metres for townhouses; minimum unit width of 5.0 metres; maximum of one dwelling unit per lot; minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; minimum of 12 visitor parking spaces; uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required rear yard; uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required front yard; that all townhouse dwelling units shall front onto a private road/driving aisle. (b) permit the establishment of detached dwelling units in the northern and western portion of the site in accordance with the following provisions: (i) maximum of 13 detached dwelling units; (ii)maximum building height of 10.0 metres; (iii) minimum front yard depth of 2.5; (iv)minimum rear yard depth of 7.5 metres except for lots that abut the road widening required for the construction of the turning circle on Lightfoot Place which will require a minimum rear yard dept of 5.5 metres; (v) minimum lot frontage of 6.4 metres; (vi) maximum of one dwelling unit per lot; (vii) minimum interior dwelling unit separation of 1.5 metres; PICKER1NG Council Meeting Minutes Monday, December 5, 2005 7:30 pm vi) (viii) (ix) (x) (xi) minimum two private parking spaces per dwelling unit, which can be provided by either two parking spaces within an attached garage, or one parking space in an attached garage and one parking space in a drive way immediately in front of the parking garage for that dwelling unit; uncovered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required rear yard; uncovered or covered steps and platforms shall be permitted to project a maximum of 1.5 metres into a required front yard; that all detached dwelling units shall front onto a private road/driving aisle. CARRIED REPORTS (NEW & UNFINISHED BUSINESS) (1) Director, Corporate Services & Treasurer, Report CS 91-05 Development Charges Complaint, Sheridan Chevrolet Oldsmobile Cadillac 1800 Kingston Road, Pickering Resolution #213/05 Moved by Councillor Ashe Seconded by Councillor McLean That Report CS 91-05 of the Director, Corporate Services & Treasurer, be received; That Council confirm the development charge in the amount of $49,671.96 applied to the applicant, Sheridan Chevrolet Oldsmobile Cadillac, for property municipally known as 1800 Kingston Road, Pickering; and 3. That the applicant be so advised. CARRIED 8 Council Meeting Minutes Monday, December 5, 2005 7:30 pm VII) BY-LAWS By-law 6599/05 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended by By-law 5558/99, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 17, B.F.C. Range 3, (Durham Condominium Plan 112), in the City of Pickering. (A 20/05) [Report PD 44-05] By-law 6600~05 Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2006. [Report CS 89-05] THIRD READING: Councillor Brenner, seconded by Councillor Johnson, moved that By-law Numbers 6599/05 and 6600/05 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 NOTICES OF MOTION Direct Election of the Region of Durham Chair 2006 Ballot Question Resolution #214/05 Moved by Councillor Dickerson Seconded by Councillor Ashe WHEREAS the position of Chair of the Regional Municipality of Durham has considerable responsibility, influence and authority over numerous public policy and service issues affecting all residents, businesses and electors in the Region of Durham; WHEREAS a fundamental principle of democracy is that the electors, through a general vote, have the right to freely choose their political representatives; 9 Council Meeting Minutes Monday, December 5, 2005 7:30 pm WHEREAS the Government of Ontario may determine that the Chair of the Regional Municipality of Durham shall be directly elected by a general vote of all electors in the Region; NOW THEREFORE BE IT RESOLVED that a public meeting and by-law to place the following question on the November 2006 City of Pickering election ballot be scheduled and that the City Clerk initiate the required processes outlined in the Municipal Elections Act: Should the Council of the City of Pickering approve the following resolution: That the Government of Ontario enact a regulation requiring the direct election of the Chair of the Regional Municipality of Durham. YES OR NO CARRIED ON A RECORDED VOTE: YEA NAY Councillor Ashe Councillor Brenner Councillor Dickerson Councillor McLean Councillor Pickles Councillor Johnson Mayor Ryan Moved by Councillor Brenner Seconded by Councillor Dickerson That the rules of procedure be suspended in order to hear a delegation from the Rouge Valley Ajax-Pickering Hospital and that a Notice of Motion be presented with respect to the Rouge Valley Ajax-Pickering Hospital. MOTION LOST ON A 2/3 MAJORITY VOTE 10 PICKERING Council Meeting Minutes Monday, December 5, 2005 7:30 pm ~x) 1. OTHER BUSINESS Appointments to the Accessibility Advisory Committee Resolution #215/05 Moved by Councillor Pickles Seconded by Councillor Dickerson 1. That Ms. Linda Murray and Mr. Chris Del Duca be appointed to the Accessibility Advisory Committee; and 2. That the applicants be so advised. CORR. 4-05 PATTI L. BARRIE MUNICIPALITY OF CLARINGTON 40 Temperance Street Clarinqton, Ontario CARRIED At the November 14, 2005 meeting of Council, the City Clerk was requested to prepare a draft response from the City of Pickering regarding the endorsement of Pay Assurance. Based on the direction of Council, the following was hereby submitted: Resolution #216~05 Moved by Councillor McLean Seconded by Councillor Dickerson That CORR 4-05 from the Municipality of Clarington with respect to pay assurance, be received; That the City of Pickering endorse the concept of Pay Assurance, in principle; and That the Director, Corporate Services & Treasurer report back to Council on Pay Assurance once staff has met with representatives of the program; and 11 Council Meeting Minutes Monday, December 5, 2005 7:30 pm 4. That the Region of Durham and local area municipalities be so advised. CARRIED Council discussed in detail the Rouge Valley Ajax Pickering Hospital decision to move all births to the Rouge Valley Centenary location. Correspondence in this regard was submitted to the Clerk from concerned residents. 4. The following matters were considered prior to the meeting: Resolution #217/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That Council move into a Closed meeting of Council in order to discuss a proposed or pending acquisition or disposition of land by the municipality or local board and/or personal matters about an identifiable individual. CARRIED a) A confidential memorandum dated December 1, 2005 from the City Solicitor to the Chief Administrative Officer with respect to a Zoning By-law Amendment application was provided to Members of Council. Detailed discussion ensued on this matter and the City Solicitor was provided direction to negotiate further on this matter. The City Solicitor indicated a further report would be presented once details were finalized. b) A confidential memorandum dated December 2, 2005 from the City Clerk to the Chief Administrative Officer with respect to appointments to the Accessibility Advisory Committee was received. Consensus of the Committee was reached and it was noted that appointments would be approved through Item #2 of Other Business. c) The City Solicitor provided comments with respect to the Notice of Motion being presented concerning the Direct Election of the Regional Chair be provided guidance in this regard. 12 Council Meeting Minutes Monday, December 5, 2005 7:30 pm Resolution #218/05 Moved by Councillor Dickerson Seconded by Councillor Brenner That Council rise and ratify the actions taken at the 'In Camera' session. CARRIED d) The Chief Administrative Officer provided a brief update to the Members of Council with respect to St. Martin's Seniors Centre. e) The Chief Administrative Officer provided Members of Council with a copy of correspondence dated December 1, 3005 from the Commissioner of Emergency Management, Ministry of Community Safety and Correctional Services to the Chief Administrative Officer, Region of Durham with respect to public alerting. X) CONFIRMATION BY-LAW By-law Number 6601/05 Councillor Johnson, seconded by Councillor Dickerson, 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 December 5, 2005. CARRIED Xl) ADJOURNMENT The meeting adjourned at 9:40 pm. 13 Council Meeting Minutes Monday, December 5, 2005 7:30 pm DATED this 5th Day of December, 2005 D~-BI A. BENTLEY CITY CLERK 14