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HomeMy WebLinkAboutFebruary 18, 2002 Council Meeting Minutes Monday, February 18,2002 7:30p.m. PRESENT: Mayor Wayne Arthurs - COUNCILLORS: M, Brenner M, Holland R. Johnson - arrived at 8:21 B. McLean D. Pickles D, Ryan ALSO PRESENT: E, Buntsma N, Carroll G. Paterson B. Taylor D, Kearns - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Committee Coordinator (I) ADOPTION OF MINUTES - Special Meeting of January 28, 2002 Regular Meeting of February 4, 2002 Special Meeting of February 4,2002 (II) DELEGATIONS 1. Roger Anderson, Regional Chair, addressed Council providing an overview of activities in the Region of Durham throughout 2001. 2, Garmine DiRuscio, representing First Source, addressed Council regarding Energy Retailing Electricity, 3, Heather Quon, 1974 Bowler Dr., addressed Council with respect to the PAW Animal Shelter, She advised of her concerns that include: an 80% euthanasia rate for cats and 34% for dogs; a low rate of adoption; facility hours from 8:30 a,m. to 4:30 p.m., Monday to Friday; lack of animal care education and retail facilities selling animals, She suggested the hours be extended; advertise in pet stores concerning the facility and adoption of pets; prevent retail stores from selling animals; canvassers request donation for PAW and money collected for licenses be forwarded to PAW for care of animals, (III) RESOLUTIONS - Resolution #38/02 - Appendix #1 Moved by Councillor Johnson Seconded by Councillor Pickles That the Report of the Planning Committee dated February 11, 2002, be adopted with the following Declaration ofInterest: - 1 - Council Meeting Minutes Monday, February 18, 2002 7 :30p.m. Item #4 Councillor McLean declared an interest in this application as he works for the applicant. -- CARRIED Resolution #39/02 - Appendix #ll Moved by Councillor Johnson Seconded by Councillor Pickles That the Report of the Committee of the Whole dated February 11, 2002, be adopted. CARRIED Recorded Vote on Item #2 of the Committee of the Whole: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #40/02 Moved by Councillor McLean Seconded by Councillor Holland That Clerk's Report CL 47-01 regarding a review of Animal Control Services be received for information. _. CARRIED Resolution #41/02 Moved by Councillor McLean Seconded by Councillor Holland WHEREAS in 1982, the municipalities of Pickering, Ajax and Whitby purchased the Animal Control Centre located at 4680 Thickson Road North in the Town of Whitby from the Ontario Humane Society but continued to allow the Ontario Humane Society to provide animal control services under contract to the three municipalities; and WHEREAS in 1985, due to increasing costs and decreasing service, the municipalities of Pickering, Ajax and Whitby decided to jointly undertake the entire animal control operation and entered into agreements to provide for such service; and WHEREAS in a Servicing Agreement dated December 31, 1985, the Town of Whitby agreed to provide the services of pound-keeper and animal control officer for the three municipalities; and WHEREAS this Servicing Agreement may be terminated on December 31 st in any year by any of the three municipalities upon six month's prior written notice; and - WHEREAS in an Animal Control Agreement dated December 31, 1985, the responsibilities of the three municipalities respecting the establishment of a joint animal control service and a joint board of management, in addition to criteria related to the premises, contract services, indemnification and agreement termination are set out; and WHEREAS this Animal Control Agreement may be terminated on December 31st in any year by any of the three municipalities upon six month's prior written notice; and - 2 - Council Meeting Minutes Monday, February 18, 2002 7:30p.m. WHEREAS the Animal Control Agreement provides for the equal distribution of property and related assets; and - WHEREAS the Council of the Corporation of the City of Pickering would like to improve the level of service to our residents ,and their animals particularly in areas such as adoptions, enforcement, animal disposal, public relations and education; and WHEREAS the animal control operation can be operated at a cost saving to residents if the Town of Ajax partnered with the City of Pickering to provide such an operation; NOW THEREFORE the Council of the Corporation hereby resolves that subject to the Council of the Town of Ajax agreeing to partner with the City of Pickering to provide an animal control service that: 1. Pursuant to Section 19(1 )(b) of the Servicing Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31,2002, 2. Pursuant to Section 15(1)(b) of the Animal Control Agreement, notice is hereby given that the City of Pickering wishes to terminate the Agreement on December 31,2002. AND FURTHER THAT prior to the deadline of June 30, 2002 to terminate the Servicing Agreement and the Animal Control Agreement, that the Councils of the Town of Ajax and the City of Pickering come to an agreement on such issues as the location and ownership of the animal shelter, the management of the shelter, the level of service to be provided by the staff of the animal shelter and the staff of the shelter; - AND FURTHER THAT a copy of this resolution be forwarded to the Council of the Town of Ajax to seek its agreement to partner with the City of Pickering in providing an animal control service commencing January 1, 2003. DEFERRED TO THE' MARCH 4TH COUNCIL MEETING Council considered the following motion in conjunction with the above resolution: Resolution #41102(a) Moved by Councillor McLean Seconded by Councillor Holland That the above resolution be deferred to the March 4th Council Meeting, CARRIED Resolution #42/02 - Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS Duffins Creek Task Force has requested that the Toronto Regional and Conservation Authority (TRCA) request the Ontario Realty Corporation (ORC) to commission a structural and safety survey of the Whitevale Dam; and WHEREAS the letter of request make specific reference to the section of the Lakes and Rivers Improvement Act which clearly identifies that the owner of the dam is responsible for structural and safety issues; and - 3 - Council Meeting Minutes Monday, February 18, 2002 7:30p.m. WHEREAS according to several TRCA staff, the Whitevale Dam has been in need of repair for quite some time; and -- WHEREAS The Ontario Realty Corporation, the current owner of the dam, has not taken action to correct the structural problems; and WHEREAS one solution to the situation might be to replace the structure with one that is less obtrusive, but which still prevents non-native migratory fish fÌ"om invading the upstream habitats; and WHEREAS the informal historic and social importance of the dam within the hamlet will need to be taken into consideration; and WHEREAS the Whitevale Dam appears to be vulnerable to structural failure and the ramifications of such a failure could spell extensive ecological damage, including: . Massive loads of silt and clay suspended and settling in the lower reaches of West Duffins and the main stem downstream to the Duffins Marsh - loads that would damage aquatic habitat and constrict stream channels, . Potential for bank damage and downstream erosion caused by fast moving large woody debris which now rests in the silted channel above the dam . Opening upstream tributaries to anadromous fish invasions, including sea lamprey and . Loss of brook trout stocks displaced by invading salmonids. .-. WHEREAS without some appreciation for the future of this structure, any fish management planning and the Duffins Creek Strategy are place in jeopardy; NOW THEREFORE copies of this resolution be sent to the Ministry of Natural Resources (MNR) District Office, Department of Fisheries and Oceans, Toronto Regional and Conservation Authority, the Town of Ajax and the Region of Durham; and THAT the City of Pickering requests the Ontario Realty Corporation to commission a structural and safety survey of the Whitevale Dam and take appropriate action to current structural problems in consultation with the TRCA, City of Pickering, MNR and residents, CARRIED (IV) BY-LAWS That Councillor Ryan, seconded by Councillor Holland, took leave to introduce by-laws of the City of Pickering: By-law Number 5954/02 - Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Lot 15, Plan 40M-1637, in the City of Pickering. (A 15/01) .~ By-law Number 5955/02 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 5891/01, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 20, Concession 1, City of Pickering. (A 28/01) - 4 - Council Meeting Minutes Monday, February 18,2002 7:30p.m. - -. - By-law Number 5956/02 Being a By-law to authorize the acquisition or disposition of certain road allowances to correct Registry Office records, By-law Number 5957/02 Being a by-law to appoint By-law Enforcement Officers for certain purposes (parking Regulation - 1650 Kingston Road). CARRIED THIRD READING: Councillor Ryan, seconded by Councillor Holland, moved that the report of the Committee of the Whole on By-law Numbers 5954/02, 5955/02, 5956/02 and 5957/02, 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 1. Councillor Holland gave notice of a motion concerning 401 Interchanges. 2, Councillor Holland further gave notice of a motion concerning Seaton Environmental Assessment. 3, Councillor Holland stated his concerns with respect to First Source, 4, Councillor Brenner stated his concerns with respect to the deregulation of hydro, 5, Councillor Brenner gave notice of a motion pertaining to the matter of tow trucks, 6. Councillor Brenner commented on the Smart Growth Panel advising that it has no authority or accountability but will advise on legislation. 7, Councillor Brenner gave notice of a motion, seconded by Councillor Pickles concerning planning in the North Pickering Area. 8, Councillor Brenner reminded Council that on February 4, 2002, he gave notice of a motion, seconded by Councillor Ryan to request the appointment of an auditor to review the recent land swap for the Oak Ridges Moraine. 9, Councillor Brenner requested staff to investigate why Ministry of the Environment has not closed the matter of the York/Durham Pipeline. 10. Councillor Brenner further requested staff to investigate the possibility of access to the airport fÌ"om Whites Road. 11. Councillor McLean thanked John Moniz for his work on the fund raISIng dance in support of the future Women's Shelter. 12. Councillor Pickles thanked the residents of Claremont for the Winter Carnival. - 5 - Council Meeting Minutes ~onday,February18,2002 7:30p.m. 13. Councillor Pickles advised Council that no decision has yet been made concerning their resolution respecting additional representation on the Pickering Advisory Committee, -- 14, Councillor Pickles gave notice of a motion concerning Federal lands. 15. Councillor Pickles further gave notice of a motion concerning Provincial lands. 16, Councillor Pickles stated his concerns with respect to the Terms of Reference for the Seaton Planning Process, 17. The following matters were discussed prior to the regular meeting: a) The Director, Operations & Emergency Services distributed correspondence from Earth Tech Canada Inc. concerning York-Durham Sewage System Southeast Collector Class Environmental Assessment; and a memo fÌ"om the Division Head, Municipal Property & Engineering concerning Request for Exemption - Reduced Load By-law, Sideline 4 South of Highway #7. (vn CONFIRMATION BY-LAW By-law Number 5958/02 Councillor Ryan, 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 Council Meeting of February 18, 2002, - CARRIED (Vll) ADJOURNMENT The Meeting adjourned at 9:32 p.m, DATED tvfLcu-u..L 510"L ~~ MAYOR ~ - .. - 6 - -- - 3. - Appendix I Planning Committee Report PC-2002-3 That the Planning Committee of the City of Pickering having met on February 11, 2002 presents its third report to Council: 1. PLANNING & DEVELOPMENT REPORT PD 09-02 ZONING BY-LAW AMENDMENT APPLICATION A 15/01 SARW AN SINGH DHANDA LOT 15, PLAN 40M-1637 (2254 COTTONWOOD CIRCLE) 1. That Zoning By-law Amendment Application A 15/01, submitted by K. Dhanda, on lands being Lot 15, Plan 40M-1637, City of Pickering, to amend the zoning of the lands to permit the establishment of a second dwelling unit within the existing dwelling on the subject property, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 09-02; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 15/01, as set out in draft in Appendix II to Report Number PO 09-02, be forwarded to City Council for enactment. 2. PLANNING & DEVELOPMENT REPORT PD 10-02 ZONING BY-LAW AMENDMENT APPLICATION A 20/01 REQUEST FOR COUNCIL'S AUTHORIZATION TO DEVELOP LANDS BYLAND SEVERANCE NOR V ALLEY HOMES L TD. P ART OF LOT 5, PLAN 282 REAR PORTION OF 1827 PINE GROVE AVENUE (ROCKWOOD DRIVE, NORTH OF PROHILL STREET) 1. That Zoning By-law Amendment Application A 20/01, submitted by Norvalley Homes Ltd" on lands being Part of Lot 5, Plan 282 (known as the rear portion of 1827 Pine Grove Avenue, fronting the future extension of Rockwood Drive), to amend the zoning provisions of the R4 - Residential Detached Dwelling - Fourth Density zone to permit minimum side yard widths of 1.2 metres, maximum building height of 9.0 metres, minimum fÌ"ont yard depth (to the vehicular entrance) of 6,0 metres and maximum lot coverage of 38 percent, be APPROVED, subject to the conditions outlined in Appendix No. I to Planning Report PD 10-02; and 2. That the request made by Norvalley Homes Ltd., to permit the division of the subject lands, being Part of Lot 5, Plan 282 (known as the rear portion of 1827 Pine Grove Avenue, ffonting the future extension of Rockwood Drive), to create five new residential building lots through Land Severance Applications LD 10/02 to LD 13/02, rather than by plan of subdivision, by APPROVED, PLANNING & DEVELOPMENT REPORT PD 12-02 ZONING BY-LAW AMENDMENT APPLICATION A 28/01 COUGS (V ALLEYF ARM) LIMITED PART OF LOT 20, CONCESSION 1 (SOUTH-EAST CORNER OF KINGSTON ROAD AND V ALLEY FARM ROAD) 1. That Zoning By-law Amendment Application A 28/01, submitted by Cougs (Valleyfarm) Limited, on lands being Part of Lot 20, Concession 1, City of Pickering, to amend the zoning to reduce the required minimum building height from 8,5 metres to 6.5 metres while maintaining the two-storey minimum building height requirement and to provide additional deck encroachment provisions on the subject lands, be - 7 - Appendix I Planning Committee Report PC-2002-3 APPROVED as set out in the draft by-law attached as Appendix I to Report Number PD 12-02; and - 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 28/01, as set out in draft in Appendix I to Report Number PD 12-02, be forwarded to City Council for enactment. 4. PLANNING & DEVELOPMENT REPORT PD 13-02 ZONING BY-LAW AMENDMENT APPLICATION A 41/00 JOHN MONIZ ON BEHALF OF 1094511 ONTARIO INe. PART OF LOTS 6 AND 7, PLAN 489 (NORTHWEST CORNER OF KINGSTON ROAD AND WALNUT LANE) 1. That Zoning By-law Amendment Application A 41/00, submitted by John Moniz on behalf of 1094511 Ontario Inc. on lands being Part Lots 6 and 7, Plan 489, City of Pickering, to amend the zoning on the subject lands to permit the establishment of a two-storey office building, for professional and business offices (excluding medical offices), with associated personal services and accessory uses, be APPROVED, subject to the conditions outlined in Appendix I to Report Number PD 13-02. .... - - 8 - Appendix II Committee of the Whole Report COW 2002-3 That the Committee of the Whole of the City of Pickering having met on February 11, 2002, presents its third report to Council and recommends: - 1. CLERKS REPORT CL 01-02 PROCESSING DEVELOPMENT APPLICATIONS & PUBLIC NOTIFICATION 1. That Clerk's Report CL 01-02 regarding Processing Development Applications and Public Notification be received. 2, CLERKS REPORT CL 03-02 REGULATE SMOKING IN PUBLIC PLACES AND WORKPLACES 1, That the letter dated January 23, 2002 ITom the Clerk of the Regional Municipality of Durham regarding a resolution passed by the Council of the Region regarding the regulation of smoking in public places and workplaces be received. 2. That the Council of the Regional Municipality of Durham be advised that the Council of the City of Pickering approves of the Regional Council passing a Region-wide by-law regulating the smoking of tobacco in public places and workplaces, -. - - 9-