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HomeMy WebLinkAboutJune 21, 1999 . .~. 8 . 8 .O~'" OF p,\ ~ . Æ ¡w; COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday, June 21, 1999 at 7:30 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner D. Dickerson M. Holland D. Pickles D. Ryan ALSO PRESENT: S. Cameron N. Carroll G. Paterson C. Rose B. Taylor D. Kearns ABSENT: - Chief Executive Officer of Pickering Public Library - Director of Planning - Director of Finance and Treasurer - Manager, Policy Division - Town Clerk - Committee Coordinator Councillor Johnson (I) (ID 1. 2. - (on municipal business) ADOPTION OF MINUTES Regular Meeting of May 25, 1999 Special Meeting of May 25, 1999 Regular Meeting of May 31, 1999 Special Meeting of May 31, 1999 DELEGA TIONS Michael Nunes, 1034 Toy Ave., addressed Council with respect to the proposed by-law to establish a "No Parking" zone on Quartz Street. His business, which is an immediate neighbour to CanSort, is affected by the trucks noise, dirt, diesel fumes and odours. He requested that the by-law be amended to a 'No Stopping' rather than 'No Parking'. The following persons addressed Council with respect to the status of ClubLink's development proposal: " ,; 8 8 8 38 a) Mike Newman, R. R. #5, Claremont, recommended that the Town make funds available for Environmental Studies. The proposal being considered is located in one of the most environmentally sensitive areas. The Duffins Creek Watercourse will become less appealing and the essence will change with this development. He suggested developing areas where services are more within reach. b) Pat Horne, R. R. #5, Claremont, stated that she is gravely concerned with the notification process. The residents haven't seen any plans and weren't notified of this issue until late last week. She requested Council consider the impact and what the residents have to say. c) Gordon Duncan, R. R. #5, Claremont, advised that ClubLink's Lake Joseph's sewage system project failed last year. He stated that the rural residents were present in an attempt to protect the rural area. They do not want urban intrusion or it's experimental sewage system in their community. d) Lorne Almack, R. R. #5, Claremont, distributed and commented on his remarks to Council. He advised that the resolution before them should be defeated and recommended a resolution felt to be more impartial. e) Chris Whillans, R. R. #5, Claremont, advised that his property is surrounded on three sides by ClubLink lands. He suggested that consideration be given to changing policies concerning notification. He stated that communal servicing cannot be considered a pilot project if it is already working well in other areas. He questioned on what basis this is considered of economic benefit to the Town and the Region. The residents don't feel this should be put forward by Council. f) Kevin Morgan, 1080 Queen Street, Unit 9B, Mississauga, stated his support of the resolution. He requested that Council consider favourably ClubLink's plans for expansion. g) Derek Tuye, 1080 Queen Street, Unit 98, Mississauga, also stated his support of the resolution. h) Gordon Willson, 455 Whitevale Road, advised that this resolution should be more neutral. He stated that he has no objection to a proposal being brought forward by ClubLink. i) William Wilder, Sideline 12, questioned the notification process, stating that a lead time of one month should be given to residents concerning applications. ClubLink have not completed the expansion of their golf course which was approved in 1996. He questioned why ClubLink are not going through due process. j) Alastair Gillespie, stated that he hoped Council had heard enough from residents to withdraw this resolution and suggest to ClubLink that an application would be appropriate. k) Yvonne Hamlin, Goodman & Carr, representing the Pickering Rural Assoc., stated that Council have never approved an application by ClubLink for residential development or conference centre. She questioned how Council knows that this proposal is a significant benefit to the Town and why ClubLink have not submitted an application. She advised that ClubLink are requesting that the Town and the Region approved their servicing allocation. " . . 8 8 8 39 I) Brian Moss, representing ClubLink, outlined the assets of ClubLink and the various communal services throughout Ontario. He advised that the communal service is a pilot project as it is unique to Durham. He stated that ClubLink are very open to consultation with the community. The Ministry of the Environment requires a Certificate of Approval for Communal Servicing. A community trail, requested and approved by Council, will be built when the golf course is expanded. (III) RESOLUTIONS Resolution #131/99 - See Appendix #1 Moved by Councillor Dickerson Seconded by Councillor Holland That the Report of the Executive Committee dated June 14, 1999 be adopted with the following amendment: Item #5 Recorded Vote: Yes: No: Absent: Councillors Dickerson, Pickles, Ryan and Mayor Arthurs Councillors Brenner and Holland Councillor Johnson Item #6 Item #6 was amended in Appendix #1 to Planning Report No. 11-99 by adding to the end of section 8.1.1 the following: "It is anticipated that ass funds are collected by the Town as a condition of development approval, the original private contributors would be reimbursed for their over- contributions. " CARRIED Council considered the following motions in conjunction with the above resolution: Resolution #132/99 Moved by Councillor Pickles Seconded by Councillor Brenner That Item #5 be amended in the tenth paragraph by replacing the words "is anticipated to be a development" with "warrants consideration as a" and in the first operative clause by replacing the words "as suitable for consideration as a" with "warrants consideration as a". LOST Resolution #133/99 Moved by Councillor Brenner Seconded by Councillor Pickles That Item #3 be amended in the tenth paragraph by deleting the words "significant benefit to". LOST c' , . 8 8 ,--, 8 40 Resolution #134/99 Moved by Councillor Ryan Seconded by Councillor Pickles That Tender No. T -8-99 for the Janitorial Cleaning be awarded to the low bid submitted by Arsenal Cleaning Services Ltd. and a total project cost (3 year term) of $406,028.24 be approved for the following facilities: Civic Complex Central Library Claremont Library Works Centre Rouge Hill Library Whitevale Library East Shore Community Cenetre Greenwood Library CARRIED Resolution #135/99 Moved by Councillor Brenner Seconded by Councillor Dickerson For a Leave To Introduce a Resolution concerning Air Express Ontario. CARRIED Resolution #136/99 Moved by Councillor Brenner Seconded by Councillor Dickerson That Mayor Arthurs and the Town Clerk be authorized to sign the Agreement with Air Express Ontario. CARRIED (IV) BY-LAWS That Councillor Dickerson seconded by Councillor Ryan took leave to introduce by-laws of the Town of Pickering: By-law Number 5502/99 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 19, Range 3, B.F.C. in the Town of Pickering. (A 8/99) Bv-law Number 5503/99 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Lot 21, Plan 819, in the Town of Pickering. (A 20/98) By-law Number 5504/99 Being a by-law to adopt Amendment Number 3 to the Official Plan for the Town of Pickering (OPA 97-006/P) < ' , . 8 8 "'. 8 41 By-law Number 5505/99 Being a by-law to amend By-law 2359/87 regulating parking, standing and stopping on highways and on private and municipal property. By-law Number 5506/99 Being a by-law to amend By-law Number 4423/94 (Dog and Cat By-law) respecting dog licences. By-law Number 5507/99 Being a by-law to dedicate those Parts of Lot 12, Plan 819, designated as Parts 5 and 6, Plan 40R-17407 and Parts 1, Plan RD147, Pickering, as public highway (Stroud's Lane), and Lot 19, Plan 819, designated as Part 11, Plan RD 147, Pickering, as public highway (Stroud's Lane) and that Part of Lot 12, Plan 819, designated as Part 4, Plan 40R-17407, Pickering as public highway (Fairport Road). By-law Number 5508/99 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - Amberlea Plaza, 1822 Whites Road). By-law Number 5509/99 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 963-979 Brock Road and 1735 Bayly Street). THIRD READING: Councillor Dickerson seconded by Councillor Ryan moved that the report of the Committee of the Whole on By-law Numbers 5502/99, 5503/99, 5504/99, 5505/99, 5506/99, 5507/99, 5508/99 and 5509/99 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. Mayor Arthurs advised that a resolution would be coming forward at the June 28th Council Meeting concerning the Hydro merger. 2. Councillor Brenner advised that a draft report would be coming forward at the June 28th Council Meeting from the Audit Committee. 3. Councillor Brenner advised that he had been in attendance at the Pickering Swim Club Awards event at which he presented the guest speaker, Mr. Clark, with a Town of Pickering 2000 Clock. 4. Councillor Ryan stated his concern and questioned the length of time it has taken for the Audit Committee's resolution to come before Council. 5. Councillor Pickles commented on the resolution which appeared on tonight's agenda and passed by Council concerning the Federal Lands. 6. Councillor Pickles advised that the Pickering Museum Village Kids Day event, held on June 13th, was well attended. . . 42 7. The following matters were discussed prior to the regular meeting: a) Mayor Arthurs advised that the Chief Administrative Officer will be working 1/2 days for some time due to illness. (VI) CONFIRMATION BY-LAW 8 By-law Number 5510/99 Councillor Dickerson seconded by Councillor Holland moved for leave to introduce a By- law of the Town of Pickering to confirm those proceedings of the Council of the Corporation of the Town of Pickering at its regular meeting held on June 21st, 1999, special meeting of May 3rd, 1999, two special meetings of May 10th, 1999 and special meeting of June 14th, 1999 and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED (Vll) ADJOURNMENT The Meeting adjourned at 11 :30 p.m. ~~ ~. ~- , CLERK e DATED 8 , . APPENDIX #1 TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on June 14, 1999, presents its tenth report to Council and recommends: 8 1. . 8 REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION 97-023/D LOCAL OFFICIAL PLAN AMENDMENT APPLICATION 97-006/P ZONING BY-LAW AMENDMENT APPLICATION A 26/97 MINISTER'S ZONING ORDER AMENDMENT APPLICATION 18Z0029902 BROOKLIN MEWS LIMITED AND KINSALE MEWS LIMITED PART OF LOTS I AND 2, CONCESSION 7 (NORTHEAST CORNER OF SIDELINE 2 AND HIGHWAY #7) FILE NUMBER B 23 10 - A 26/97 1. That Town Council recommends to the Region of Durham that Regional Official Plan Amendment Application 97-023/D, submitted by Brooklin Mews Limited and Kinsale Mews Limited, on lands being Part of Lots 1 & 2, Concession 7, Town of Pickering, to permit a golf course with a maximum of 18 holes, be APPROVED; . 2. (a) That Local Official Plan Amendment Application 97-006/P, submitted by Brooklin Mews Limited and Kinsale Mews Limited, on lands being Part of Lots I & 2, Concession 7, Town of Pickering, to permit a golf course with a maximum of 18 holes, be APPROVED; (b) That the draft by-law in Appendix I to Recommendation Report 14- 99 to ADOPT Amendment Number 3 to the Pickering Official Plan be forwarded to Council for passing, and subsequently, that Amendment Number 3 be forwarded by the Town Clerk to the Region of Durham for approval; 3. That Zoning By-law Amendment Application A 26/97, submitted by Brooklin Mews Limited and Kinsale Mews Limited, on lands being Part of Lots 1 & 2, Concession 7, Town of Pickering, to permit a golf course with a maximum of 18 holes, be APPROVED IN PRINCIPLE subject to the conditions outlined in Appendix II to Recommendation Report No. 14-99; and 4. That Town Council recommends to the Minister of Municipal Affairs and Housing that Minister's Zoning Order Amendment Application 18-Z0- 02999-02, submitted by Brooklin Mews Limited and Kinsale Mews Limited, on lands being Part of Lots I & 2, Concession 7, Town of Pickering, to permit a golf course with a maximum of 18 holes, be APPROVED subject to the conditions outlined in Appendix III to Recommendation Report No. 14-99. , : 8 . 8 2 2. ZONING BY-LAW AMENDMENT APPLICATION A 20/98 946037 ONTARIO LIMITED LOT 21, PLAN 819 (WEST SIDE OF FAIRPORT ROAD, SOUTH OF WINGARDEN CRESCENT) FILE NUMBER - B 23 10 - A 20/98 1. That Zoning By-law Amendment Application A 20/98, submitted by 946037 Ontario Limited, on lands being Lot 21, Plan 819, Town of Pickering, to change the zoning on the lands from "R3" - Residential Detached Dwelling - Third Density Zone to "R4" - Residential Detached Dwelling - Fourth Density Zone, in order to facilitate severance of the subject property into two residential lots with minimum frontages of 15.0 metres be APPROVED. 2. That the request by 946037 Ontario Limited to permit the division of the subject property into two residential lots through a land severance application to the Durham Land Division Committee, rather than by Draft Plan of Subdivision, be APPROVED, subject to the following condition: i) That the owner agrees to provide to the Town's satisfaction, a 3.5 metre widening across the entire Fairport Road frontage of Lot 21, Plan 819, prior to the Town's final clearance of the land severance application. 3. That the amending zoning by-law to implement Zoning By-law Amendment Application A 20/98, as set out in draft in Appendix I to Recommendation Report Number 13-99, be forwarded to Town Council for enactment 3. ZONING BY-LAW AMENDMENT APPLICATION A 14/98 PETRO CANADA PART OF LOT 18, CONCESSION I (SOUTHEAST CORNER OF KINGSTON ROAD & BROCK ROAD) FILE NUMBER B 23 10 - A 14/98 That Zoning By-law Amendment Application A 14/98, submitted by Petro- Canada, on lands being Part of Lot 18, Concession 1, to amend the existing zoning to include a car wash facility on the site in conjunction with the redevelopment of the existing fuel dispensing facility be APPROVED subject to the conditions included in Appendix I attached to Recommendation Report No. 12-99. 4. ZONING BY-LAW AMENDMENT APPLICATION A 8/99 NIAGARA DELTA HOLDINGS LTD. PART OF LOT 19, RANGE 3, B.F.c. (DILLINGHAM ROAD, WEST OF BROCK ROAD) FILE NUMBER B 23 10 - A 8/99 1. That Zoning By-law Amendment Application A 8/99, submitted by Niagara Delta Holdings Ltd. on lands being Part of Lot 19, Range 3, B.F.C., to change the zoning on the lands from "M2(TCR)" Heavy Industrial with Temporary Community and CulturallRecreational Uses to "M2(CR)" Heavy Industrial with Community an CulturallRecreational Uses, in order to permit the bingo hall facility use on a permanent basis be APPROVED. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 8/99, as set out in draft in Appendix I to Recommendation Report Number 11-99, be forwarded to Council for enactment. - . 8 . 3 5. CLUBLINK CORPORATION - CHERRY DOWNS DEVELOPMENT FILE NUMBER - B 1000 WHEREAS in 1993 ClubLink submitted applications for a golf course expansion and residential development on communal services for the Cherry Downs lands; and WHEREAS ClubLink set aside that interest in housing for future consideration; and WHEREAS ClubLink is now interested in a golf7conference centre/residential development on communal services for the Cherry Downs lands in Pickering; and WHEREAS the Town of Pickering may consider identifYing new rural settlements by amendment to its Official Plan; and WHEREAS the Town of Pickering has capacity within its rural population target for new settlements that it may consider allocating to a new settlement on the Cherry Downs lands; and WHEREAS in 1995, a Planning Department Report suggested that a smaller residential development on the Cherry Downs lands may be worthy of consideration; and WHEREAS the Region of Durham is currently processing an amendment to its Official Plan to consider permitting, on land outside the Oak Ridges Moraine, private communal water and sewage systems, by amendment, on a case-by-case basis, for development that is deemed to be of significant benefit to the Region, subject to supporting reports and financial agreements; and WHEREAS ClubLink would accept the pilot project status for Cherry Downs for any such communal servicing permitted in Durham Region; and WHEREAS the Cherry Downs lands are not located on the Oak Ridges Moraine; and WHEREAS ClubLink's development concept for the Cherry Downs lands in Pickering for a golf7conference centre/residential development on communal services is anticipated to be a development of significant benefit to the Town and the Region; and WHEREAS the Town anticipates receiving in the near future applications to the Town and Region to permit the further development of the Cherry Downs property for a conference centre and residential development on communal services; NOW THEREFORE the Council of the Corporation of the Town of Pickering advises that it considers the anticipated ClubLink official plan amendment application for development on communal services as suitable for consideration as a pilot project that fits within the context of a development of significance to the Region under Durham's proposed amendment for communal servicing subject to all other land use approvals being obtained; and FURTHER that the anticipated ClubLink official plan amendment application warrants consideration and should be processed accordingly; and FURTHER that the Region of Durham be so advised. 8 . 8 . 4 6. DUFFINS PRECINCT ENVIRONMENTAL MASTER SERVICING PLAN - PHASE II REPORT FILE NUMBER - B 1000 1. That Council endorse Appendix I to Planning Report No. 11-99: "Duffins Precinct Environmental Master Servicing Plan - Phase II Report", as amended in section 8.1.1 - Cost Sharing; as the general strategy for natural resource conservation and stormwater management in the Duffins Precinct; and 2. That the Town Clerk be directed to forward a copy of the "Duffins Precinct Environmental Master Servicing Plan - Phase II Report" to all current landowners within the Duffins Precinct. AS AMENDED 7. TEMPORARY NO FLY ZONE FILM INDUSTRY - PRODUCTION OF THE "LITTLE MEN" TELEVISION SERIES FILE NUMBER - A 2400 Transport Canada Ontario Region be requested to immediately implement a temporary no-fly zone over the Claremont Conservation Area Monday to Friday from 6:00 a.m. - 9:00 p.m until January 31, 2000 to stop the noise nuisance created by regular scheduled air traffic and training flights with respect to the filming ofthe "Little Men" television series. 8. AJAX - PICKERING TRANSIT AMALGAMATION STUDY - PHASE 2 CONSULTANTS' REPORT AND STAFF RECOMMENDATIONS FILE NUMBER - F 4100 1. That Town Council agree to amalgamating the Ajax and Pickering transit systems generally as set out in the Phase 2 Report prepared by Delcan and PriceWaterhouseCoopers, dated May 1999, subject to the following a) that the Transit Board be made up of six individuals, appointed by and selected from amongst the council members of the two municipalities (3 members from each municipality), and that a chair (or two co-chairs) be selected by, and from amongst the Transit Board members; b) that staff of the new transit organization report to a General Manager, who in turn would report through a joint CAO Management Committee to the Transit Board c) that key administrative and supervisory positions in the new transit organization be filled by competition, first through the consideration of internal candidates, and if no acceptable internal candidates are found, through consideration of external applicants; d) that the new transit organization be located within the Ajax Transit facility; e) that the required support services for the new transit organization (payroll, purchasing, accounting, human resource, financing, etc.) be obtained from either the Town of Ajax or the Town of Pickering; e . 8 . 5 t) that the approximately $178,000 difference in initial asset contribution between the two municipalities be dealt with through appropriate future arrangements, other than an up-front, one-time equalization payment; g) that both municipalities agree to contribute up to (and no more than) the equivalent of their 1999 transit operating budgets to the new transit organization to cover the first year (i.e. 2000) operating costs for the amalgamated service, and that should there be required start-up costs approved by both municipalities that exceed the first year budget, these costs should be shared equally by the two municipalities; and h) that a "memorandum of understanding" between the two municipalities be developed to formalize the terms and conditions for amalgamating the two transit systems. 2. That the Chief Administrative Officer be directed to consult with the Chief Administrative Officer of the Town of Ajax: a) to review the implementation plan set out in the Phase 2 Report prepared by Delcan and PriceWaterhouseCoopers and submit a joint report to the new Transit Board with their recommendations; and b) to prepare and forward to Council the required memorandum of understanding with Ajax, and/or any necessary by-laws concerning the amalgamation of the transit systems, including any necessary by-laws for establishing the "Ajax-Pickering Transit Board." 3. That Town staff, in conjunction with the staff of the Town of Ajax and the consulting team of Delcan and PriceWaterhouseCoopers, be directed to initiate Phase 3 of the Transit Amalgamation Study, being the "Operations Plan" for the amalgamated transit service. 9. FEDERAL LANDS IN PICKERING, MARKHAM AND UXBRIDGE - PROPOSED DECLARATION OF AIRPORT SITE FILE NUMBER -A 2400 WHEREAS a number of municipalities and local stakeholders had asked the federal Minister of Transport to not declare an airport site on the federal lands in Pickering, Markham and Uxbridge, so that further consultation could occur on the feasibility of using alternatives to federal airport zoning regulations to protect future options on the lands; and WHEREAS Transport Canada agreed to not declare an airport site at this time in order to enable further consultation with municipalities and local stakeholders; and WHEREAS on March 2, 1999, an initial "Stakeholders" meeting was held in Pickering, at which meeting agreement was reached on establishing a Technical Subcommittee to review alternatives to federal airport zoning regulations in more detail, and WHEREAS the Technical Subcommittee completed its review of the alternatives, and submitted its recommendations to a second Stakeholders meeting held on May 31, 1999; and . " . 6 WHEREAS these recommendations are set out in the Subcommittee's Report entitled "Federal Lands in Pickering, Markham and Uxbridge -- Proposed Declarations of Airport Site"; and WHEREAS at the May 3 I st meeting, Transport Canada and the municipalities in attendance agreed to seek a formal commitment from their respective organizations on proceeding on the basis of the Report of the Technical Subcommittee. - NOW THEREFORE, the Council of the Corporation of the Town of Pickering hereby resolves as follows: l. 2. - 8 3. That the Report of the Technical Subcommittee entitled "Federal Lands in Pickering, Markham and Uxbridge -- Proposed Declarations of Airport Site" dated May 1999, be received. That Recommendation I of the Report of the Technical Subcommittee be approved in principle, which recommendation is as follows: That as an alternative to federal airport zoning regulations, Transport Canada and the affected municipalities of Pickering, Markham, Ajax, Whitby, Uxbridge and Whitchurch-Stouffville pursue the use of "agreements with provincial authorities" under section 5.81 of the federal Aeronautics Act provided that discussions are initiated immediately amongst and between the parties concerning: a) the establishment of an appropriate process for implementing "agreements with provincial authorities" including: . identifying the parties to the agreement; establishing the focus and scope of the regulations, and a timetable for implementation; and identifying how administrative, monitoring and enforcement costs will be dealt with; . . and b) the establishment of an appropriate public forum for identifying and dealing with other relevant issues of interest and concern to the affected stakeholders, such as: . the areas of land to be hel~ for future potential airport purposes; the process for dealing with surplus federal lands; the size, type and timing of any potential future airport; local and regional official plan conformity; the required environmental assessment process; the potential transfer of federal lands to a future airports authority; and issues of interest and concern related to future airport planning, development and operations. . . . . . . That Transport Canada and the other affected municipalities be encouraged to approve in principle Recommendation I of the Report of the Technical Subcommittee in its entirety. -4 . .. ~ - 8 e 7 4. That the Mayor, other members of council and senior staff as may be required, be authorized to continue discussions with Transport Canada, other affected municipalities and local stakeholders, concerning the details of the agreement or agreements required by Recommendation 1 of the Report of the Technical Subcommittee. 5. That notwithstanding these discussions on the agreement(s) and given the unique history and circumstances surrounding the lands, the federal Minister of Transport also be requested to initiate an amendment to the federal Aeronautics Act to eliminate the need to declare the federal lands in Pickering, Markham and Uxbridge an "airport site" pursuant to the Act, as a precondition of applying federal airport zoning regulations or using agreements with provincial authorities. 6. That a copy of this resolution be forwarded to Transport Canada, other affected municipalities, local stakeholders, and any others interested in the matter. 10. "HIRE A STUDENT DAY" - JUNE 15, 1999 FILE NUMBER - A 2111 That Mayor Arthurs be authorized to make the following proclamation: "HIRE A STUDENT DAY" - JUNE 15, 1999