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HomeMy WebLinkAboutJuly 11, 2011 C--tt 00 _ Council Meeting Minutes Monday July 11, 2011 PICKERP4G 7:35 PM Council Chambers Present: Mayor David Ryan Councillors: K. Ashe D. Dickerson B. McLean J. O'Connell D. Pickles P. Rodrigues Also Present: T. Prevedel - Chief Administrative Officer E. Bunstma - Director, Community Services N. Carroll - Director, Planning & Development T. Melymuk - Director, Office of Sustainability B. Douglas -Fire Chief P. Bigioni - City Solicitor D. Shields - City Clerk S. Karwowski - Manager, Finance & Taxation M. Wouters - Manager, Development Review & Urban Design L. Roberts - Committee Coordinator (1) Invocation Mayor Ryan called the meeting to order and -led Council in the saying of the Invocation. (11) Disclosure of Interest Councillor McLean made a declaration of interest with respect to Planning & Development Report PD 23-11 as he has a family member who resides on the property. Councillor McLean did not take part in any discussion or vote on the matter. Councillor Dickerson made a declaration of interest with respect to Item c) of the In Camera Meeting of Council regarding the Election Compliance Audit Committee. Councillor Dickerson left the room during the discussion on the matter. 1 City o¢ _ Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers (III) Adoption of Minutes Resolution #127/11 Moved by Councillor Dickerson Seconded by Councillor Pickles Council Minutes, June 20, 2011 Joint Planning & Development and Executive Committee Minutes, July 4, 2011 Carried (IV) Presentations 1. Mayor Ryan welcomed members of the Rouge Valley Health System Foundation Image is Everything MRI Campaign. He noted that the Ajax Pickering hospital does not currently have an MRI today and indicated this cheque presentation in the amount of $100,000 is the first of five cheque presentations which will be made by the City of Pickering to the MRI campaign. Mayor Ryan called upon Members of Council to join the committee members on the dais for photographs. Mayor Ryan introduced Lucy Stocco, Chair of the Image is Everything MRI campaign. Ms. Stocco thanked the City of Pickering as well as the committee members. She also thanked Regional Councillors for their support at the Regional level. She stated that the equipment will be arriving on August 29th (V) Delegations Resolution #128/11 Moved by Councillor McLean Seconded by Councillor Rodrigues That the rules of procedure be suspended in order to hear the additional delegation of Henry Kahn. Carried on-a 2/3 Majority Vote Mrs. Kahn appeared before Council along with Henry Kahn in support of the zoning by-law amendment to permit the recreational vehicle sales and service establishment. Mr. Kahn indicated that at no point in time would he be in agreement to the conveyance of the lands as requested. They indicated they had been unaware of the condition with respect to the 2 City oo _ Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers conveyance until very recently and stated had they known this, they would not have submitted the application. He felt the conveyance of lands was not necessary at this time. Rick Hunter appeared before Council stating he had run out of options for alternative locations to operate his business. He indicated that if the zoning amendment application was not approved, it would result in the loss of his business as well as loss of jobs. A question and answer period ensued with respect to the search for alternate locations, the conveyance of land and time frames for the lease as well as future conveyance of the land. (VI) Correspondence 1. Corr. 34-11 Martin de Rond, Clerk Town of Ajax 65 Harwood Avenue South Ajax, ON L1 S 2H9 Discussion ensued with respect to the discrepancy in the composition on Regional Council when taking into consideration the projected population growth and the need for a process to plan for the future. Resolution #129/11 Moved by Councillor Pickles Seconded by Councillor Dickerson That Corr. 34-11 from Martin de Rond, Clerk, Town of Ajax seeking Council support of their resolution passed on May 9, 2011 with respect to the need and responsibility to re-balance Regional Council composition be received for information. Mayor Ryan left the meeting at 8:26 pm and Councillor Dickerson assumed the Chair. Motion Defeated on a Tie Vote as Follows Yes No. Councillor Ashe Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Pickles Councillor Rodrigues 3 Citq oo Council Meeting Minutes Monday July 11, 2011 PICKE 7:35 PM Council Chambers Resolution #130/11 Moved by Councillor O'Connell seconded by Councillor McLean That Corr. 34-11 from Martin de Rond, Clerk, Town of Ajax seeking Council support of their resolution passed on May 9, 2011 with respect to the need and responsibility to re-balance Regional Council composition be endorsed. Mayor Ryan returned to the meeting at 8:30 pm and assumed the Chair. Motion Defeated on a Recorded Vote as Follows Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan 2. Corr. 35-11 United Counties of Leeds and Grenville and United Townships of Head, Clara & Maria Discussion ensued with respect to the provincial requirements for reporting and the clarity of the Act. Resolution #131/11 Moved by Councillor Ashe Seconded by Councillor Dickerson That Corr. 35-11 from The United Counties of Leeds and Grenville and the United Townships of Head, Clara & Maria seeking support of resolutions passed requesting the Province of Ontario to amend the Municipal Elections Act to ensure municipal candidates are held to the same standard as their provincial counterparts with respect to penalties for non-compliance with election financial reporting be endorsed. Carried on a Recorded Vote as Follows 4 j Ctq Council Meeting Minutes Monday July 11, 2011 PICKEIUNG' 7:35 PM " Council Chambers Yes No Councillor Ashe Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Pickles Councillor Rodrigues Mayor Ryan 3. Corr. 36-11 Christine Heffer 486 Alderbury Crescent Corunna, ON NON 1 GO Resolution #132/11 Moved by Councillor Ashe seconded by Councillor Dickerson That Corr. 36-11 from Christine Heffer seeking Council endorsement of a petition to help raise awareness and provide for better testing and treatment options regarding Lyme disease in the Province of Ontario be endorsed. Carried 4. Corr. 37-11 Kim Gavine, Executive Director Oak Ridges Moraine Foundation 13990 Dufferin Street North King City, ON L713 1 B3 Resolution #133/11 Moved by Councillor O'Connell Seconded by Councillor Ashe That Corr. 37-11 from Kim Gavine, Executive Director, Oak Ridges Moraine Foundation seeking Council support of a draft resolution which urges the Province of Ontario to renew investment in the Oak Ridges Moraine Foundation in the amount of $11 million be endorsed. Carried (VII) Committee Reports a) Report JT 2011-07 of the Joint Planning & Development and Executive Committee 5 Cieq oo _ Council Meeting Minutes Monday July 11, 2011 PICKE 7:35 PM Council Chambers 2. Director, Planning & Development, 'Report PD 22-11 Seaton -Preparation of a Comprehensive Zoning By-law Council Decision 1. That Report PD 22-11 of the Director, Planning & Development regarding the preparation of a comprehensive zoning by-law for Seaton be received; 2. That, notwithstanding the City's Purchasing Policy, Council accept the proposal from Sorensen Gravely Lowes Planning Associates Inc. for consulting services for the preparation of the Seaton Comprehensive Zoning By-law, in an amount not to exceed of $92,000.00 including taxes and expenses; and 3. Further, that the appropriate City officials be authorized to take necessary actions to give effect thereto. Part "B" Executive Reports 1. Director, Community Services, Report CS 23-11 Tender No. T-5-2011 East Shore Community Centre -Parking Area Expansion Council Decision 1. That Report CS 23-11 of the Director, Community Services regarding Tender No. T-5-2011 for the East Shore Community Centre, Parking Area Expansion be received; 2. That Tender No. T-5-2011 submitted by Melfer Construction Inc. in the total tendered amount of $580,651.63 (HST included) and a net cost of $522,894.78 be accepted; 3. That the total gross project cost of $669,356 (HST included) and a net project cost of $602,776 (net of HST rebate) including the total tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: 6 Cif Council Meeting Minutes Monday July 11, 2011 PICKERING 7:35 PM Council Chambers a) the sum of $200,000 as provided for in the 2011 Capital Budget be increased to $325,000, and be financed by the issue debentures by the Regional Municipality of Durham over a period not to exceed five (5) years, at a rate to be determined; b) the sum of $16,928 as provided for in the 2011 Capital Budget be increased to $19,704, and be funded from property taxes; c) the sum of $18,072 as provided for in the 2011 Capital Budget be funded from the Rate Stabilization Reserve; d) the sum of $240,00 as provided for in the 2011 Capital Budget be funded from the Easement Settlement Reserve; e) that the annual repayment charges in the amount of approximately $74,000 be included in the annual Current Budget for the City of Pickering commencing 2012, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; 5. That the draft by-law attached to this report be enacted; and 6. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. 2. Director, Community Services, Report CS 24-11 Park Name Change Request -Sequin Park to Bicentennail Arboretum Council Decision 1. That Report CS 24-11 regarding a Park Name Change Request be received; 2. That Council authorize the park name of Bicentennial Arboretum to replace the current name of Sequin Park; and i 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Resolution # 134/11 Moved by Councillor Dickerson Seconded by Councillor Ashe 7 Cirl 00 Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers That Report JT 2011-07 of the Joint Planning & Development and Executive Committee dated July 4, 2011, save and except Item Nos. 1 and 3 of the Planning & Development Reports, be adopted. Carried 1. Director, Planning & Development, ReportPD 19-11 Zoning By-law Amendment Application A 4/11 Motorsports Pickering on behalf of Kahn Auctions Ltd. 2695 - 2699 Brock Road (Part Lot 18, Concession 3), City of Pickering Discussion period ensued with questions raised regarding the removal of the condition of the conveyance of land from the recommendation and how this would affect the resulting by-law. The Director, Planning & Development provided clarification. Resolution #135/11 Moved by Councillor Dickerson Seconded by Councillor Ashe 1. That Report-PD 19-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 4/11, submitted by Motorsports Pickering on behalf of Kahn Auctions Ltd. to permit a recreational vehicle sales and service establishment for a period of three years on lands being Part of Lot 1, Concession 3 be approved; and 3. Further, that the draft temporary zoning by-law to implement Zoning By-law Amendment Application A 4/11, as set out in Appendix I to Report PD 19-11, be finalized and forwarded to City Council for enactment upon the receipt of an agreement or undertaking from the property owner to convey certain lands for a future road connection. Carried as Amended [See following motion] Resolution #136/11 Moved by Councillor Pickles Seconded by Councillor McLean 8 Cif o~ _ Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers That the main motion be amended by changing Items 2 and 3 to read as follows: 2. That Zoning By-law Amendment Application A 4/11, submitted by Motorsports Pickering on behalf of Kahn Auctions Ltd. to permit a recreational vehicle sales and service establishment for a period of two years on lands being Part of Lot 1, Concession 3 be approved; and 3. Further, that the draft temporary zoning by-law to implement Zoning By-law Amendment Application A 4/11, as set out in Appendix I to Report PD 19-11, be finalized and forwarded to City Council for enactment. The main motion was then Carried unanimously as amended on a Recorded Vote. 3. Director, Planning & Development, Report PD 23-11 Zoning By-law Amendment Application A 1/11 Pickering Golf Club Ltd. 2663 2665 Brock Road (Part of Lot 16, Appraisal Number Lot 7, Concession 3), City of Pickering Resolution # 137/11 Moved by Councillor Dickerson seconded by Councillor Ashe 1. That Report PD 23-11 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 1/11 submitted by Pickering Golf Club Ltd. to permit the expansion of an existing golf course on lands being Part of Lot 16, Appraisal Number Lot 7, Concession 3, City of Pickering be approved; and 3. Further, that the draft zoning by-law to implement Zoning BY-law Amendment Application A 1/11 as set out in Appendix I to Report PD 23-11 be forwarded to City Council for enactment. Carried (VII) New and Unfinished Business 1. Director, Planning & Development, Report PD 20-11 Transport Canada Response to City Concerns Regarding the Demolition of Heritage Structures on Federal Lands Resolution #138/11 9 Citq oo Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers Moved by Councillor Pickles seconded by Councillor Dickerson 1. That Report PD 20-11 of the Director, Planning & Development dated July 11, 2011 entitled "Transport Canada Response to City Concerns Regarding the Demolition of Heritage Structures on Federal Lands", be received; 2. That the Federal Minister of Transport, Infrastructure and Communities be requested to: a) allow City staff sufficient time and access to document the listed heritage structures on Transport Canada's updated demolition list; b) allow the City to investigate and potentially implement a limited program to assist with the private acquisition of the heritage structures for relocation to private lands; c) allow the City to retrieve elements of value from any heritage structures not relocated to private lands; and d) retain specialty heritage salvage companies to demolish the buildings to facilitate re-use of building materials as much as possible in order to divert materials from landfill sites; 3. That the Federal Minister of Transport, Infrastructure and Communities be requested to refrain from demolishing any buildings in Brougham until the details respecting the future use of the Pickering Lands Site are determined, and work with City staff to identify suitable tenants for buildings that have potential for rehabilitation; 4. That the Federal Minister of Transport, Infrastructure and Communities be requested to provide the City with sufficient time to investigate the implications to the City of leasing structures of heritage interest in Brougham; 5. That the City Clerk forward a copy of Report PD 20-11 and Resolution to the Federal Minister of Transport, Infrastructure and Communities, the Regional Director, Programs and Pickering Lands Branch, Transport Canada, the Region of Durham, the Region of York, the Towns of Markham and Uxbridge, MP Chris Alexander and MPP Joe Dickson and the MPs and MPPs for Markham and Uxbridge; and 6. Further, that the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Carried 10 Cirq oo Council Meeting Minutes - Monday July 11, 2011 7:35 PM Council Chambers 2. Director, Community Services, Report CS 25-11 Tender No. T-6-2011 Pickering Civic Complex -Walkway Replacement and Parking Garage Deck Waterproofing Resolution #139/11 Moved by Councillor McLean seconded by Councillor Dickerson 1. That Report CS 25-11 of the Director, Community Services regarding Tender No. T-6-2011 for the Pickering Civic Complex Walkway Replacement and Parking Garage Deck Waterproofing be received; 2. That Tender No. T-6-2011 submitted by Bennington Construction Ltd. in the total tendered amount of $467,482.83 (HST included) and a net cost of $ 420,982.77 be accepted; 3. That the total gross project cost of $591,218 (HST included) and a net project cost of $532,410 including the tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: f) the sum of $530,000 as provided for in the 2011 Capital Budget to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten (10) years, at a rate to be determined; g) the sum of $2,410 be funded from property taxes; h) that the annual repayment charges in the approximate amount of $68,700 be included in the annual Current Budget for the City of Pickering commencing 2012, continuing thereafter until the loan is repaid, and any financing cost to be paid out of the Current Budget; 5. That the draft by-law attached'to this report be enacted; and 6. Further, that the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Carried 11 City a0 _ Council Meeting Minutes Monday July 11, 2011 PICKEIUNG 7:35 PM Council Chambers 3. Director, Community Services, Report CS 26-11 Tender No. T-9-2011 Kingston Road Asphalt Sidewalk Installation Discussion ensued with clarification being provided with respect to the sidewalk location and the road work already being undertaken by the Region of Durham. Resolution #140/11 Moved by Councillor McLean seconded by Councillor Dickerson 1. That Report CS 26-11 of the Director, Community Services regarding Tender No. T- 9-2011 for Kingston Road Asphalt Sidewalk Installation be received; 2. That Tender No. T-9-2011 submitted by Ashland Paving Limited in the total tendered amount of $107,511:74 (HST included) and a net cost of $96,817.65 be accepted; 3. That the total gross project cost of $127,852 (HST included) and a net project cost of $115,135 including the tendered amount and other associated costs be approved; 4. That Council authorize the Director, Corporate Services & Treasurer to fund the project in the sum of $115,135 from the Federal Gas Tax Grant as provided for in the approved 2011 Capital Budget; and 5. Further, that the appropriate City of Pickering officials be authorized to take the necessary action to give effect thereto. Carried 4. Director, Community Services, Report CS 27-1.1 Ontario Heritage Trust Community Leadership Program -City of Pickering Nomination Resolution #141/11 Moved by Councillor Dickerson seconded by Councillor Pickles 12 Cary 00 _ Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers 1. That Report CS 27-11 of the Director, Community Services regarding the City of Pickering's nomination in the Ontario Heritage Trust Community Leadership Program be received; and 2. That Council endorse the nomination of the City of Pickering in the Ontario Heritage Trust Community Leadership Program. Carried (Vill) Notice of Motion Seaton/ROPA 128 Consolidation Discussion period ensued with respect to separate hearings for the OMB appeal with respect to the Seaton Lands and the Durham Regional Official Plan 128. Resolution #142/11 Moved by Councillor O'Connell Seconded by Councillor McLean WHEREAS the planning for Seaton evolved through various forms of consultations; WHEREAS the decision to move forward with the development of Seaton was consistent with the Province of Ontario's Places to Grow; WHEREAS ROPA 128 is in conflict with the Government of Ontario Policies and Growth Strategies outlined in Places to Grow; WHEREAS the City of Pickering is committed to orderly not leap frog growth and development; NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering opposes the consolidation of the Seaton Lands Ontario Municipal Board appeal with the Durham Regional Official Plan 128 appeals and that both Ontario Municipal Board appeals should remain as separate hearings; AND THAT a copy of this motion be sent top'Durham Regional Council, the Ontario Municipal Board, MPP Wayne Arthurs, Pickering/Scarborough East, MPP Joe Dickson, Ajax/Pickering and the Hon Rick Bartolucci, Minister of Municipal Affairs and Housing. Motion Defeated on a Recorded Vote as Follows . 13 I Ci 11 Council Meeting Minutes Monday July 11, 2011 PIG~E 7:35 PM Council Chambers Yes No Councillor McLean Councillor Ashe Councillor O'Connell Councillor Dickerson Councillor Rodrigues Councillor Pickles Mayor Ryan (VIII) By-laws 7150/11 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 16, Concession 3 and Part of the Road Allowance between Lots 16 and 17, Concession 3, in the City of Pickering, (A1/11 7152/11 Being a by-law to amend Restricted Area Zoning By-law 3037, as amended by By-law 2005/85, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 18, Concession 3, City of Pickering. (A 4/11) 7153/11 Being a by-law to authorize the East Shore Community Centre Parking Area Expansion project in the City of Pickering and the issuance of debentures therefor in the amount of $325,000. 7154/11 Being a by-law to authorize the Pickering Civic Complex Walkway Replacement and Parking Garage Deck Waterproofing project in the City of Pickering and the issuance of debentures therefor in the amount of $530,000. Third Readinq: Councillor Pickles, seconded by Councillor Dickerson moved that By-law Numbers 7150/11 to 7154/11, be adopted, save and except By-law No. 7151 /11 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 7151/11 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham Part of Lots 79 to 85, 110 & 111, Plan 350, Parts 2 & 4, Plan 40R- 24626, Part 1, Plan 40R-24780, Part 2, Plan 40R-24967, Part 2, Plan 40R- 25099, Part 3, Plan 40R-25227, Part 1, Plan 40R-25391, Part 2, Plan 40R- 25392, in the City of Pickering. (A 8/11) 14 cis A Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers i Carried on a Recorded Vote as Follows Yes No Councillor Ashe Councillor McLean Councillor Dickerson Councillor O'Connell Councillor Pickles Mayor Ryan (X) 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 #143/11 Moved by Councillor McLean Seconded by Councillor Pickles That Council move In Camera in accordance with the provisions of the Municipal Act and Procedural By-law 6746/07, in that the matters to be discussed relate to personal. matters about an identifiable individual and the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a proposed or pending acquisition or disposition of land by the municipality or local board and litigation or potential litigation. Carried a) Appointments to Advisory Boards and Committees Information on the applications were reviewed In Camera in accordance with the Municipal Freedom of Information and Protection of Privacy Act and the personal information was used solely for the purpose of assessing the applicant's qualifications for appointment to one of the City's Advisory Committees. That the following appointments be confirmed thereto for a term to expire on November 30, 2014. Accessibility Advisory Committee Maurice Brenner Doodnauth Sharma 15 Cars o~ _ Council Meeting Minutes Monday July 11, 2011 7:35 PM Council Chambers Heritage Pickering Advisory Committee Ellen Mason Carried b) Verbal Update from the City Solicitor Re: Sale of Part of Township Road, Pickering Being Part 6, Plan 40R-25832 Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] c) Verbal Update by Solicitor Aird & Berlis Re: Election Compliance Audit Committee and Court Action Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution #144/11 Moved by Councillor McLean Seconded by Councillor O'Connell That the recommendations as contained in the In Camera session be adopted. i Carried in an Open Session of Council (X) Confirmation By-law By-law Number #7155/11 Councillor Dickerson, 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 July 11, 2011. (XI) Adiournment Moved by Councillor Ashe Seconded by Councillor Dickerson 16 City oo Council Meeting Minutes Monday July 11, 2011 PICKERING 7:35 PM Council Chambers That the meeting be adjourned at 10:34 pm. Carried Dated this 11th day of July, 2011. Mayor, avi an Debbie Shields City Clerk 17