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HomeMy WebLinkAboutDecember 21, 2009 i Council Meeting Minutes I is Monday, December 21, 2009 7:30 PM Council Chambers PRESENT: Mayor David Ryan COUNCILLORS: D. Dickerson R. Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T. Melymuk - (Acting) Chief Administrative Officer N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer D. Shields - City Clerk L. Taylor - Manager, Development Review L. Roberts - Committee Coordinator (1) INVOCATION Mayor Ryan called the. meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST No disclosures of interest were noted. (III) ADOPTION OF MINUTES Resolution # 278/09 Moved by Councillor Johnson Seconded by Councillor Littley Council Minutes, November 16, 2009 Planning & Development Committee Minutes, December 7, 2009 Executive Committee Minutes, December 14, 2009 CARRIED 1 Cry Council Meeting Minutes - Monday, December 21, 2009 NIN 7:30 PM Council Chambers (IV) PRESENTATIONS 1. Rhonda Lawson, Acting Chair Heritage Pickering Advisory Committee Presentation of Heritage Plaque Greenwood Schoolhouse Designation of 3540 Westney Road Under the Ontario Heritage Act Mayor Ryan introduced Rhonda Lawson, Acting Chair, Heritage Pickering Advisory Committee. Rhonda Lawson came forward to present the heritage plaque to Council and briefly outlined the history of the Greenwood Schoolhouse. She thanked the Pickering Public Library Board for all theirrsupport as well as previous members of Heritage Pickering, Shawna Foxton, Gordon Zimmerman and Paul Savel who had been instrumental in the preparation of the report for the designation of 3540 Westney Road. She also thanked Council for their support noting the importance of preserving these heritage properties within. the City of Pickering. (V) DELEGATIONS Moved by Councillor McLean Seconded by Councillor O'Connell That the rules of procedure be suspended in order to allow for the following delegation. Georgs Kolesnikovs CARRIED 1. Re: Planning Director's. Report PD 36-09 S.R. & R Bay Ridges Ltd. and S.R. & R Bay Ridges (Plaza ll) Ltd. Moiz Behar appeared before Council on behalf of the applicant. He outlined what had been complied with to date and reviewed resident concerns from the Planning & Development Committee of, December 7, 2009. He-note d that concerns outlined by residents included the Douglas Ravine, -sensitivity to the environment, stormwater management, community space, density numbers, commercial space and bird strikes. He noted that the applicant has taken all of those,concerns into consideration and will be further discussed throughout the process. A question and answer period ensued. 2 Ctrl _ Council Meeting Minutes O Monday, December 21, 2009 PICKEWNG 7:30 PM Council Chambers Judy Gallagher, 1182 Pebblestone Cres., appeared before Council in opposition to the application. She noted her main concern was the increase in density in an already established community and felt the densities should not be so high in the area of a nuclear plant and should be monitored better. She also stated that a plan for a downtown core should be approved and in place before considering this application. She felt that building around transportation hubs only encourages residents to work and play somewhere other than the City of Pickering. Ms. Gallagher noted that the developers are not taking care of the garbage around the site and questioned who should be making sure this is done. She stated that for the next Election there should be a referendum question on whether residents want over a 60% density increase in existing neighbourhoods. She stated that until social impact studies had been completed this application should not be approved. A question and answer period ensued. Pat Mattson, 838 Miriam Road, appeared before Council in opposition to the 3rd tower. He stated he has been a resident of Pickering for 40 years and noted he is not against development but feels the existing infrastructure cannot support this development. He asked that Council consider the residents living there and concentrate on the development of a downtown core first. Tim Dobson, 1505 Sturgeon Crt. appeared before Council representing GRIP (Grow Responsibly in Pickering). Mr. Dobson noted his opposition to the 3rd tower and suggested Council deny this application at this time. Mr. Dobson submitted a petition to the City Clerk with over 500 signatures opposing the application. He stated that the intersection of Liverpool and Bayly cannot handle additional traffic. He was also concerned with the increase in density creating a nightmare if an emergency evacuation was ever needed and also noted his concerns with additional on street parking. He stated the environmental concerns are not adequately being addressed, as well as the additional commercial space and reinterated the need for a grocery store in this area. He noted his concerns with the calculation of the parking space ratios. Mr. Dobson also felt that.the Places to Grow Strategies should have been completed first. He noted the large number of issues stated by residents and urged Council to deny this application. A question and answer period ensued. Hazel Daubeny, 1210 Radom St., Unit 807, appeared before Council in opposition to the application. Ms. Daubeny also noted her concerns with the hazards at Liverpool Road and Bayly St. and stated it was already too dangerous to walk in the area and an additional tower would make it worse. She stated that if the densities in the area were to continue increasing she was concerned if they ever had to evacuate the area and noted there would definitely be a gridlock situation. Ms. Daubeny felt that completion 3 Council Meeting Minutes Monday, December 21, 2009 PTCKE 7:30 PM Council Chambers of the first two towers should be done before consideration of a third tower and felt additional public consultation was required. Cammy Goan, 1230 Radom St., Unit 28, appeared before Council expressing her concerns with the development which is directly behind her residence. She stated that she resides in a 33 unit townhouse complex and stated that the retaining wall adjacent to the development has suffered structural damage. She noted that this had been reported to the property manager but to date nothing had been done. Ms. Goan also expressed her concern with the amount of garbage in the Douglas Ravine. She also noted that the parkette in her complex had been chained off as a result of water runoff from the site entering the playground due to the construction. Ms. Goan questioned when the damages would be fixed. A brief question and answer period ensued., Jocelyn Hammond appeared before Council on behalf of Paul Crawford, 867 Antonio Street. Mr. Crawford is in opposition to the application due to the impact on Pickering's Official Plan, the additional stress on infrastructure in the area and the fact that commercial uses have been taken away and replaced with large density of people. Mr. Crawford expressed his opposition to the use of Places to Grow to justify these and previous changes, noting the Places to Grow Act has not been through the necessary hearings and the Region has yet to come back to advise municipalities about their responsibilities in complying with the Act. He noted his concerns that this application is not in keeping with the principals outlined in the Act such as the employment ratio and gridlock. His concerns for proper public process, GO needs and how the Downtown Urban Growth area will be in conformity with the Places to Grow Act were also noted. Marcie Miles appeared before Council on behalf of John Blandford, 1210 Radom Street, Unit 108 and indicated that he had studied the maps for the Douglas Ravine and Creek areas and noted that this area was the main feeder to Frenchman's Bay. Mr. Blandford noted his concerns with the excessive pollution in the runoff that was going into the Douglas Ravine. He stated that an additional tower with 25 storeys would create additional drainage issues and further contamination of the ravine. He also noted his concerns with the amount of garbage in the ravine. Mr. Blandford stated he was concerned with the amount of parking being provided and noted that the townhouses are already experiencing parking problems due to the lack of spaces. He felt the application should be deferred until the first two towers had been completed and additional studies done. Maurice Brenner, 711 Sunbird Trail, appeared before Council in opposition to the application. He noted he is not against density, but where that density is being recommended. He stated that he recognized development approved by the City did 4 Crcq Council Meeting Minutes _ Monday, December 21, 2009 7:30 PM Council Chambers not always end up being what was originally requested and submitted a copy of a 2006 drawing of what was proposed and approved for the office tower at the south end of the Pickering Shopping Centre. He stated that what was being built looked nothing like the picture. He also stated a number of approvals from the past have yet to be completed. He felt the Growth Strategy Program should be completed first and not to rely on the Places to Grow Act. Mr. Brenner also stated that he does not think the Region of Durham would allow parking on Regional roads in Pickering. A question and answer period ensued. A resident appeared before Council on behalf of Georgs Kolesnikovs, 1210 Radom Street, Unit 707, who indicated his concerns with the timing of this issue. He stated that he was opposed to the Places to Grow Act and felt this development was too large to be next to the valley. He noted Council should defer this decision and move forward with proper public process. He questioned how the downtown core would conform with the Places to Grow Act. (V) CORRESPONDENCE 1. CORR. 108-09 NEIL STEWART, CHAIRPERSON MCNAB/BRAESIDE DISASTER RELIEF COMMITTEE 2508 Russett Dr., R.R. #2 Arnprior, ON K7S 3G8 Resolution # 279/09 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 108-09 from Neil Stewart, Chairperson, McNab/Braeside Disaster Relief Committee seeking financial assistance as a result of flooding which occurred on July 24, 2009 resulting in the affected area being declared a "disaster area" be received for information. CARRIED 2. CORR. 109-09 DAVE HARE, PRESIDENT GREATER OSHAWA CHAMBER OF COMMERCE 44 Richmond Street West, Suite 100 Oshawa, ON L1 G 1 C7 5 Crr~ _ Council Meeting Minutes reYa - - MondaY, December 21, 2009 7:30 PM Council Chambers Resolution'# 280/09 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 109-09 from Dave Hare, President, Greater Oshawa Chamber of Commerce seeking Council support with respect to the use of Canadian Nuclear Energy Technology as the best option for the environment and the resulting benefits to Canada be received for information. CARRIED 3. CORR. 110-09 MICHAEL CHAN, MINISTER MINISTRY OF CITIZENSHIP AND IMMIGRATION 6th Floor, 400 University Avenue Toronto, ON M7A 2R9 Resolution # 281/09 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 110-09 from Michael Chan, Minister, Ministry of Citizenship and Immigration inviting the City of Pickering to participate in Ontario's volunteer recognition programs for 2010 be received for information. CARRIED 4. CORR. 111-09 SANDRA KRANC, CITY CLERK CITY OF OSHAWA 50 Centre Street South Oshawa, ON L1 H 3Z7 Resolution # 282/09 Moved by Councillor Johnson Seconded by Councillor Dickerson That CORR. 111-09 from Sandra Kranc, City Clerk, City of Oshawa, with respect to a resolution passed at a meeting held November 30, 2009 regarding legislation which mandates superintendents and key holders of condominiums and apartment 6 Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council Chambers buildings be bonded and obtain criminal reference checks be received for information. CARRIED 5. CORR. 112-09 DAVID MILLER, MAYOR CITY OF TORONTO 100 Queen St. West, 2"d Floor Toronto, ON M51-1 2N2 Resolution # 283/09 Moved by Councillor O'Connell Seconded by Councillor Pickles That CORR. 112-09 from Mayor David Miller, City of Toronto and Chair of the C40 Group of Cities leading the fight against climate change, requesting the City of Pickering's support by endorsing their proclamation with respect to the support of an ambitious, fair and binding international climate agreement at the UN Climate Summit in December be endorsed. CARRIED 6. CORR. 113-09 FCM INTERNATIONAL international(D-fcm.ca Resolution # 284/09 Moved by Councillor Johnson Seconded by Councillor Littley That CORR. 113-09 from FCM International requesting the City of Pickering proclaim February,7 - 12, 2010 as "International Development Week" be declared. CARRIED (VI) COMMITTEE REPORTS a) REPORT PD 2009-11 OF THE PLANNING & DEVELOPMENT COMMITTEE 7 Cry Council Meeting Minutes _Monday, December 21, 2009 7:30 PM Council Chambers 2. Director, Planning & Development, Report PD 32-09 Procedure for Council consideration of site specific exceptions to Council Adopted Development Guidelines City of Pickering COUNCIL DECISION 1. That Council endorse the procedure outlined in Report PD 32-09 for use in processing applications requesting a site specific exception to a Council Adopted Development Guideline that is not associated with a planning application under the Planning Act requiring Council's consideration; and 2. That staff follow the endorsed procedure for processing the request of James Micklewright, 447 Toynevale Road, for a site specific exception to the Rosebank Neighbourhood Development Guidelines. 3. Director, Planning & Development, Report PD 33-09 Required Municipal By-law Amendments Oak Ridges Moraine City of Pickering COUNCIL DECISION 1. That Report PD 33-09 of the Director, Planning & Development, be received; 2. That amendments to the following Municipal By-laws be forwarded to City Council for enactment in order to protect the ecological integrity of the Oak Ridges Moraine: a) the Tree Protection By-law 6108/03 to reflect the natural heritage features within the Oak Ridges Moraine as set out in Appendix I to Report . PD 33-09; b) the Fill and Topsoil Disturbance By-law 6060/02 to reflect the landform conservation areas within the Oak Ridges Moraine as set out in Appendix II to Report PD 33-09; c) the Site Plan Control Area By-law 1079/80 to require site plan approval for detached dwellings and accessory structures as set out in Appendix III to Report PD 33-09; and 3. That the City Clerk forward a copy of Report PD 33-09 to the Ministry of Municipal Affairs and Housing, the Region of Durham and the Toronto and Region Conservation Authority. 8 Caq Council Meeting Minutes ,a Monday, December 21, 2009 7:30 PM Council Chambers 5. Director, Planning & Development, Report PD 35-09 Proposed Street Name Change Deerhaven Lane to Summerpark Crescent COUNCIL DECISION 1. That Report PD 35-09 of the Director, Planning & Development regarding the proposed street name change of Deerhaven Lane to Summerpark Crescent be received; 2. That Council authorize staff to take the steps necessary to effect changing the name of Deerhaven Lane to Summerpark Crescent; 3. That Council authorize staff to send correspondence to all landowners residing west of Rosebank Road (Woodsmere Crescent, Wildflower Drive, Summerpark Crescent and Garland Crescent) advising of the City's intent to change the street named Deerhaven Lane to Summerpark Crescent; and 4. That Council authorize staff to bring forward the by-law required to effect the name change for enactment and registration. Resolution # 285/09 Moved by Councillor Pickles Seconded by Councillor Johnson That the Report of the Planning & Development Committee 2009-11, dated December 7, 2009, save and except Item Nos. 1 and 4.be adopted. CARRIED 1. Planning Director's Report, PD 36-09 Official Plan Amendment Application OPA 08-003/13 Zoning By-law Amendment Application A 19/08 S.R. & R. Bay Ridges Ltd. and S.R. & R, Bay Ridges (Plaza ll) Ltd. 1251 & 1261 Bayly Street Parts 1, 5, 7, 14, 15 & 16, Plan 40R-25170 City of Pickering A detailed discussion period ensued on this matter. Moved by Councillor Dickerson Seconded by Councillor McLean 9 CItq 0~ Council Meeting Minutes vk~ Monday, December 21, 2009 7:30 PM Council Chambers That the rules of procedure be suspended in order to allow Councillor O'Connell to continue her discussion with respect to this application. CARRIED ON 2/3 MAJORITY VOTE Question and answer period continued. Resolution # 286/09 Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report PD 36-09 of the Director, Planning & Development respecting Official Plan Amendment Application OPA 08/003/P and Amendment 21 to the Pickering Official Plan, be received; 2. a) That Amendment 21 to the Pickering Official Plan initiated by S.R. & R. Bay Ridges Ltd. and S.R. & R. Bay Ridges (Plaza II) Ltd., to permit a mixed use 25 storey building having a floor space index of 2.6, a density of 225 units per hectare, 237 condominium apartment dwelling units and a minimum of 410 square metres of commercial gross leasable floor area by amending the Neighbourhood 3: Bay Ridges Plan as set out in Exhibit "A" to Appendix I to Report PD 36-09 be adopted and forwarded to the Region of Durham for information; b) That the Draft By-law to adopt Amendment 21 to the Pickering Official Plan to permit a mixed use 25 storey building having a floor space index of 2.6, a density of 225 units per hectare, 237 condominium apartment dwelling units and a minimum of 410 square metres of commercial gross leasable floor area as set out in Appendix I to Report PD 36-09 be forwarded to Council for enactment; 3. That Zoning By-law Amendment Application A 19/08 submitted by S.R. & R. Bay Ridges Ltd. and S.R. & R. Bay Ridges (Plaza II) Ltd., for lands being Parts 1, 5, 7, 14, 15 & 16, Plan 40R-25170, City of Pickering, to amend the zoning of the subject property to permit a mixed use 25 storey building having 237 condominium apartment dwelling units and a minimum of 410 square metres of commercial gross leasable floor area as outlined in Report PD 36-09 be approved with an "(H)" Holding Category; 4. That no further notice is required to change the by-law to reduce the required residential parking ratio from 1.25 spaces per unit to 1.15 spaces per unit and the 10 Caq Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council. Chambers commercial parking ratio from 4.5 spaces per 100 square metres of gross leasable floor area to 3.00 spaces per 100 square metres of gross leasable floor area, proposed subsequent to the holding of the public meeting, as it is within the provisions of the Planning Act; 5. That the Draft By-law to amend Zoning By-law 2520, as amended, to permit a mixed use 25 storey building having 237 condominium apartment dwelling units and a minimum of 410 square metres of commercial gross leasable floor area be forwarded to Council for enactment; 6. Further, that the City Clerk forward a copy of Report PD 36-09 to the Region of Durham for information; and 7. That a maximum of 24 required resident parking spaces may be provided in a tandem arrangement and each tandem space is to be identified as one parcel within the condominium plan and the condo declaration shall advise of this restriction. CARRIED LATER IN THE MEETING ON A RECORDED VOTE (See Following Motions) Resolution # 287/09 Moved by Councillor Pickles Seconded by Councillor Johnson That Item 3 of the main motion be amended by amending 2 d) of the proposed Zoning By-law (H) Holding requirements set out in Appendix III by adding the following to the end of Item 2 (d) to read "to a maximum financial cost of $25,000.00'. CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor Littley Councillor Johnson Councillor McLean Councillor Pickles Councillor O'Connell .Mayor Ryan Resolution # 288/09 11 - ~ I Cif Council Meeting Minutes ~ R Monday, December 21, 2009 7:30 PM Council Chambers Moved by Councillor McLean Seconded by Councillor O'Connell That Item 4 of the main motion be amended as follows: 4. That the required residential parking ratio be 1.25 spaces per unit and the commercial parking ratio be 4.5 spaces per 100 square metres of gross leasable floor area. MOTION DEFEATED ON A RECORDED VOTE YES NO Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Johnson Councillor Littley Councillor Pickles Mayor Ryan Resolution # 289/09 Moved by Councillor McLean Seconded by Councillor O'Connell That Report PD 36-09 be referred to the February meeting for further consultation with staff and the developer. DEFEATED ON A RECORDED VOTE YES NO Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Johnson Councillor Littley Councillor Pickles Mayor Ryan Resolution # 290/09 Moved by Councillor McLean Seconded by Councillor O'Connell 12 Crtq 0¢ _ Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council Chambers That Report PD 36-09 be tabled until the Growth Strategy Program has been completed. DEFEATED ON A RECORDED VOTE YES NO Councillor Dickerson Councillor Johnson Councillor McLean. Councillor Littley Councillor O'Connell Councillor Pickles Mayor Ryan The main motion, as amended, was then CARRIED ON A RECORDED VOTE AS FOLLOWS: YES NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan Council took a recess at 11:20 pm and resumed the meeting at 11:30 pm. 4. Director, Planning & Development, Report PD 34-09 Growth Strategy Program Provincial Growth- Plan Conformity Amendment Part of the Pickering Official Plan Review City of Pickering A discussion period ensued. Resolution # 291/09 Moved by Councillor Pickles Seconded by Councillor Johnson That Report PD 34-09 of the Director, Planning & Development respecting the Pickering Growth Strategy Program be received for information. CARRIED 13 Cry Council Meeting Minutes A Monday, December 21, 2009 7:30 PM Council Chambers b) REPORT EC 2009-10 OF THE EXECUTIVE COMMITTEE 1. Director, Operations & Emergency Services Report OES 49-09 Don Beer Arena Pro Shop COUNCIL DECISION 1. That Report OES 49-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Pro Shop License Agreement to permit XPRT Marketing & Promotions to continue to operate a Pro Shop facility at Don Beer Arena from September 1, 2009 to April 30, 2012 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 2. Director, Operations & Emergency Services, Report OES 52-09 City of Pickering 2010 Annual Accessibility Plan -Endorsed by the Accessibility Advisory Committee for Council Consideration COUNCIL DECISION 1. That Report OES 52-09 of the Director, Operations & Emergency Services regarding the City of Pickering 2010 Annual Accessibility Plan be received; and 2. That Council endorse the City of Pickering 2010 Annual Accessibility Plan as presented and reviewed by the City of Pickering Accessibility Advisory Committee. 3. Director, Operations & Emergency Services, Report OES 55-09 Don Beer Arena Snack Bar Concession -Lease Renewal - Pickering Hockey Association COUNCIL DECISION 1. That Report OES 55-09 of the Director, Operations & Emergency Services regarding the Lease Renewal - Pickering Hockey Association be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Concession Licence Agreement to permit the Pickering Hockey Association to continue to operate the snack bar concession facility at Don Beer Arena from September 1, 14 Council Meeting Minutes _Monday, December 21, 2009 7:30 PM Council Chambers 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor, with the option of mutually extending this licence agreement for a further two years. 4. Director, Operations & Emergency Services, Report OES 56-09 Pickering Recreation Complex Arena -Snack Bar Concession COUNCIL DECISION 1. That Report OES 56-09 of the Director, Operations & Emergency Services be received; and 2. That the Mayor and the Clerk be authorized to execute a renewal Concession License Agreement to permit Beverly and Ron Ireland to continue to operate snack bar concessions facilities at the Pickering Recreation Complex (Arena Only) from September 1, 2009 to April 30, 2010 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. 5. Director, Operations & Emergency Services, Report OES 58-09 2015 Pan/Parapan American Games -Agreement to be a Host Municipality COUNCIL DECISION 1. That Report OES 58-09 of the Director, Operations & Emergency Services regarding the 2015 Pan/Parapan American Games Agreement to be a Host Municipality be received; 2. That the City of Pickering participation in the 2015 Pan/Parapan American Games as a Host Municipality be endorsed; and 3. That the Mayor and the Clerk be authorized to enter into a multi-party agreement that identifies the 2015 Pan/Parapan American Games venues to the host municipalities and that is in the form and substance acceptable to the Director, Operations & Emergency Services and the Chief Administrative Officer. 6. Director, Corporate Services & Treasurer, Report CS 44-09 2009 Internal Loans and External Debentures COUNCIL DECISION 15 Caq 00 Council Meeting Minutes t Monday, December.21, 2009 7:30 PM Council Chambers That Report CS 44-09 of the Director, Corporate Services & Treasurer regarding internal loans and external debentures be received for information. 7. Director, Corporate Services & Treasurer, Report CS 45-09 2010 Interim Spending Authority COUNCIL DECISION 1. That Report CS 45-09 of the Director, Corporate Services & Treasurer be received; 2. That the 2010 Interim Operating Expenditures be approved at 50% of the prior years' budget including adjustments as contained in Attachment 1, pending approval of the formal 2010 Current Budget by Council; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 8. Director, Corporate Services & Treasurer, Report CS 46-09 2010 .Temporary Borrowing By-law COUNCIL DECISION 1. That Report CS 46-09 of the Director, Corporate Services & Treasurer be received; 2. That the temporary borrowing limit to meet 2010 current expenditures pending receipt of taxes and other revenues be established at $33,800,000 for the period January 1, 2010 to September 30, 2010 inclusive, and $16,900,000 thereafter until December 31, 2010; 3. That the temporary. borrowing limit for capital purposes for 2010 be established at $22,700,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 9. Director, Corporate Services & Treasurer, Report CS 47-09 Veridian - Inter-Creditor Agreement 16 Ctq Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council Chambers COUNCIL DECISION 1. That Report CS 47-09 of the Director,- Corporate Services & Treasurer regarding the Veridian - Inter-Creditor Agreement be received; 2. That the Mayor and Clerk be authorized to execute an Inter-Creditor Agreement in a form substantially as attached hereto and acceptable to the Director, Corporate Services & Treasurer, between the Toronto Dominion Bank, the Town of Ajax, the City of Belleville, the Municipality of Clarington, the City of Pickering, Veridian Corporation and Veridian Connections Inc.; 3. That the Director, Corporate Services Treasurer be authorized to undertake any discussions, negotiations or amendments to agreements necessary in order to put into effect the wishes of. Council as expressed under these and previous Resolutions regarding this matter; and 4. That appropriate officials of the City of Pickering be given authority to give effect thereto. 10. Director, Corporate Services & Treasurer, Report CS 48-09 . Section 357/358 of the Municipal Act - Adjustment to Taxes COUNCIL DECISION 1. That Report CS 48-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Resolution # 292/09 Moved by Councillor Johnson Seconded by Councillor Pickles That the Report of the Executive Committee EC 2009-10, dated December 14, 2009, be adopted. CARRIED 17 Cry Council Meeting Minutes m Monday, December 21, 2009 7:30 PM Council Chambers (VIII) BY-LAWS 7003/09 Being a by-law to appoint By-law Enforcement Officers for the purpose of enforcing parking restrictions on private property- 7004/09 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 2010. 7007/09 Being a by-law to amend the Tree Protection By-law. 7008/09 Being a by-law to amend the Fill and Top Soil Disturbance By-law. 7009/09 Being a by-law to amend the City of Pickering's Site Control Area. 7010/09 Being a by-law to appoint Debbie Shields as the Clerk of the Corporation of the City of Pickering. THIRD READING: Councillor Johnson, seconded by Councillor Pickles moved that By-law Numbers 7003/09 to 7010/09, be adopted, save and except By-law Nos. 7005/09 and 7006/09 and the said by- law 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 7006/09 Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended by By-law 6705/06, to implement the Official Plan of the City of Pickering, Region of Durham, in Parts 1,5,7,14,15 & 16, Plan 40R-25170, in the City of Pickering (A 19/08). CARRIED ON A RECORDED VOTE YES NO Councillor Dickerson Councillor McLean Councillor Johnson Councillor O'Connell Councillor Littley Councillor Pickles Mayor Ryan 18 C-dq o0 Council Meeting Minutes Monday, December 21, 2009 7:30 PM -TWG Council Chambers 7005/09 Being a by-law to adopt Amendment No. 21 to the Official Plan for.the City of Pickering (OPA 08/003/P). CARRIED ON A RECORDED VOTE YES NO Councillor Johnson Councillor Dickerson Councillor Littley Councillor McLean Councillor Pickles Councillor O'Connell Mayor Ryan (IX) OTHER BUSINESS Resolution # 293/09 Moved by Councillor Pickles Seconded by Councillor Johnson That the rules of procedure be suspended in order to introduce a motion with respect to the investigation into development incentives. CARRIED ON A 2/3 MAJORITY VOTE 1. POSSIBLE DEVELOPMENT INCENTIVE Resolution # 294/09 Moved by' Councillor Pickles Seconded by Councillor Johnson WHEREAS the City of Pickering finds it desirable to have appropriate high density and sustainable development in the downtown and certain other areas of the City; WHEREAS the recent and ongoing financial climate may be resulting in difficulties in securing financing for proponents to move ahead with high density and sustainable development in the City; WHEREAS applicable City fees for such large projects are usually substantial and payment is required up front and may act as a deterrent to projects getting underway; and 19 Caq Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council Chambers WHEREAS the City can provide a temporary incentive to initiating desirable projects by phasing in the payment of applicable City fees normally due up front, without decreasing the total amount of any fees payable to the City; and NOW THEREFORE BE IT RESOLVED that the Council direct staff to develop, including consideration of the financial implications to the City, for Council consideration, a development incentive program that may include but is not limited to: • the phasing of payments for development charges, building permits fees; and payments in lieu of parkland tied to the progress of construction of the project based on the City's objectives of density of project, location of project, and sustainable elements-of projects, and job creation provided by the project • a phasing timeline that does not exceed eighteen months from the payments would usually be due. AND FURTHER that the development incentive would not decrease the amount of any fees payable to the City. AND FURTHER that staff report back on the feasibility of such an initiative to Council at the March Council meeting. CARRIED UNANIMOUSLY ON A RECORDED VOTE 2. The Acting Chief Administrative Officer was requested to action the following: A Councillor O'Connell requested staff respond to the concerns of a resident at 542 Kingston Road with respect to encroachment issues. b) Councillor McLean questioned whether the signage had been put in place at the off leash dog park. (XII) CONFIDENTIAL MATTERS In accordance with Procedural By-law 6746/07 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. Resolution # 295/09 Moved by Councillor McLean Seconded by Councillor O'Connell 20 Crtq 00 Council Meeting Minutes Monday, December 21, 2009 7:30 PM Council Chambers That Council go In Camera in accordance with the provisions of the Municipal Act for the purpose of dealing with matters relating to personal matters about an identifiable individual, including municipal or local board employees and to the receiving of advice that is subject to solicitor-client privilege, including communications necessary, for that purpose and litigation or potential litigation, including matters before administrative tribunals, affecting the City. CARRIED 1. Director, Operations & Emergency Services, Confidential Report OES 59-09 Part-time Firefighters -Severance Package Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor Johnson Seconded by Councillor Littley Resolution # 296/09 That the recommendations as. contained in the In Camera minutes of December 21, 2009 be adopted. 2. Update from the City Solicitor with respect to City of Pickering v. Caruso, et al L-3300-002-05 Refer to the In Camera 'minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Moved by Councillor McLean Seconded by Councillor Littley Resolution # 297/09 That the recommendations as contained in the In Camera minutes of, December 21, 2009 be adopted. CARRIED in an open session of Council. (X) CONFIRMATION BY-LAW By-law Number #7011/09 21 Citq Council Meeting Minutes Monday, December 21, 2009 PICKERING 7:30 PM Council Chambers 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, 21, 2009. CARRIED (XI) ADJOURNMENT Moved by Councillor O'Connell Seconded by Councillor Littley That the meeting be adjourned at 12:00 am. CARRIED DATED this 21 st day of December, 2009 MAY RYAN DEBBIE SHIELDS CITY CLERK i 22