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HomeMy WebLinkAboutApril 18, 1994 8 e e i COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Monday April 18, 1994 at 7:55 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner E. Hidgon R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: C.M.T. Sheffield B. Taylor N. Carroll D. Kearns - Town Manager - Town Clerk - Director of Planning - Co-ordinator of Council Services (D ADOPTION OF MINUTES Regular meeting of April 5, 1994 Recorded Vote on Minutes of Aoril5. 1994 Council Meetin2: Yes: Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs 8 - e 51 (JI) DELEGATIONS 1. Henry Kortekaas, representing Dr. Salmon, addressed Council with respect to the application fo rezoning submitted by Dr. Salmon on the southeast corner of Altona Road and Kingston Road. He advised that his client is concerned that the uses he would like will be limited. He also stated that this property is not for sale and that his client will be relocating his practice to this site. 2. David Strain, representing PACT addressed Council with respect to the motion to seek an injunction against the continued use of the Brock West Landfill Site. He stated that 18.5 million cubic yards of refuse was the amount stipulated in the agreement with Metro and that this landfill site now has 26 million cubic yards. He advised that an environmental hearing should have been carried out but was not. He requested that Council take action to have the Brock West Landfill Site closed. 3. Dave Ryan, 1028 Rouge Valley Drive, representing PACT, 3 R's and Waste Reduction advised that this is Earth Week and Earth Day is April 22. He advised that 100 trees are to be planted and invited Council to become involved. He also advised that the Beverley Morgan Award will be awarded in May to the top three Environmental Study students. He stated that students in Fergus, Ontario received an award for the best environmentally planned subdivision and that they have been invited to make a presentation to Council. (Ill) RESOLUTIONS Resolution #51/94 - See Aooendix #1 Moved by Councillor Higdon Seconded by Councillor Brenner That the Report of the Executive Committee dated April 11, 1994 be adopted with the following amendments: Item #1 was amended by adding the following restriction to 1. (b): "no outdoor display is permitted. Item #3 was amended by adding the following clause 2.(t): "that a minimum height of7.5 metres be established for any new structure on the subject land" CARRIED Council considered the following motions in conjunction with the Executive Report: Resolution #52/94 Moved by Councillor Johnson Seconded by Councillor Brenner That Item 1 be amended by adding the following restriction to l(b): "no outdoor display is permitted". CARRIED 8 8 8 52 Resolution #53/94 Moved by Councillor Wellman Seconded by Councillor Johnson That Item 3 be amended by adding the following provision as Clause 2(f) "that a minimum height of7.5 metres be established for any new structure on the subject land". CARRIED Recorded Vote on amendment: Yes: Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs Recorded Vote on Item #3 as amended: Yes: No: Councillors Higdon, Johnson, Van Kempen, Wellman and Mayor Arthurs Councillors Brenner and Pistritto Resolution #54/94 Moved by Councillor Wellman Seconded by Councillor Johnson That Mayor Arthurs be authorized to proclaim April 22, 1994 as "Earth Day" in the Town of Pickering. CARRIED Resolution #55/94 Moved by Councillor Brenner Seconded by Councillor Van Kempen WHEREAS it appears that the expansion of the Brock West Landfill Site may have been unlawfully approved in 1980 due to the absence of a hearing under the Environmental Protection Act respecting that expansion; and WHEREAS the capacity of the Brock West Landfill Site, as expanded pursuant tothe purported approval thereof in 1980, appears to have been exceeded; and WHEREAS the contours of the Brock West Landfill Site, as revised pursuant to the purported approval thereof in 1980, appears to have been exceeded; and WHEREAS therefore it appears that the Brock West Landfill Site may be being operated in breach of the Environmental Protection Act, the regulations thereunder and the various Certificates of Approval issued or purportedly issued in respect thereof; 53 Resolution #55/94 - continued NOW THEREFORE BE IT RESOLVED THAT: 1. The Council of The Corporation of the Town of Pickering hereby authorizes and directs its solicitors, Osler, Hoskin & Harcourt, to commence an action against the appropriate parties for the purposes of, a) 8 b) c) d) e) challenging the issuance and re-issuance of the various Certificates of Approval issued or purported to be issued in respect of the Brock West Landfill Site; quashing any unlawfully issued or re-issued Certificates of Approval; obtaining an interim injunction and a permanent injunction against the further disposal of waste at the Brock West Landfill Site; obtaining an order requiting the closure of the Brock West Landfill Site; and obtaining any other interim corollary relief appropriate in the circumstances. CARRIED Resolution #57/94 Moved by Councillor Brenner Seconded by Councillor Van Kempen For Leave to Introduce the motion concerning Osler, Hoskin and Harcourt regarding the Brock West Landfill Site. 8 CARRIED Recorded Vote on Leave To Introduce: Yes: Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs Recorded Vote on Motion: Yes: No: Councillors Brenner, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs Councillor Higdon Resolution #58/94 Moved by Councillor Brenner Seconded by Councillor Johnson 8 WHEREAS the Brock West Landfill Site may be being operated in breach of the Environmental Protection Act, the regulations thereunder and the various Certificates of Approval issued or purportedly issued in respect thereof, as a result of which the Council of The Corporation of the Town of Pickering has authorized its solicitors to commence an action for the purposes of, among other things, obtaining an interim and a permanent injunction against the further disposal of waste at the Brock West Landfill Site, and for obtaining an order requiring the closure of the Brock West Landfill Site; and 54 Resolution #58/94 - continued WHEREAS the proposal of the Municipality of Metropolitan Toronto to move landfill and cover material ftom the Brock North Landfill Site to the Brock West Landfill Site involves the trucking of that landfill and material through the intersection of Brock Road and Concession 5 Road, which is one of the most dangerous intersections in Pickering and will be undergoing intersection improvement construction during 1994; and 8 WHEREAS the Municipality of Metropolitan Toronto has undertaken no discussion or consultation with The Corporation of the Town of Pickering and its residents respecting the proposal to move landfill and cover material ftom the Brock North Landfill Site to the Brock West Landfill Site; and WHEREAS the Municipality of Metropolitan Toronto has indicated to the Ministry of the Environment and Energy that it is proposing to separate various substances at the Brock North Landfill Site prior to moving the landfill and cover material to the Brock West Landfill Site, so that the separated substances can be trucked back to Metropolitan Toronto; and WHEREAS the Municipality of Metropolitan Toronto has undertaken no discussion or consultation with The Corporation of the Town of Pickering and its residents respecting the proposal to separate those substances at the Brock North Landfill Site; NOW THEREFORE BE IT RESOLEVED THAT: 1. The Council of The Corporation of the Town of Pickering hereby opposes the proposals by the Municipality of Metropolitan Toronto, a) to move landfill and cover material from the Brock North Landfill Site to the Brock West Landfill Site; and b) to separate various substances at the Brock North Landfill Site prior to moving the landfill and cover material to the Brock West Landfill Site or elsewhere. 8 CARRIED Recorded Vote: Yes: Councillors Brenner, Higdon, Johnson, Pistritto, Van Kempen, Wellman and Mayor Arthurs Resolution #59/94 Moved by Councillor Van Kempen Seconded by Councillor Higdon WHEREAS at it regular meeting of February 18, 1994, the Executive Committee of Council considered a proposal by Canada Composting Inc. respecting the implementation by the Town of a residential organic waste source-separation and collection program in support of an organic waste processing facility to be developed by Canada Composting Inc. and located within the Town to convert "wet" waste into compost, energy, water and recyclables and the proposal calls for up to 90% of the waste to be imported from outside our boundaries; and 8 WHEREAS this proposal was referred to the Special Policy Group to include the Mayor, Town Manager, Executive Director of Operations and any interested Council Member to review the proposal and report back to Council in two months; and 8 8 8 55 Resolution #59/94 - continued WHEREAS the issue of waste disposal is of interest to all residents of the Town of Pickering because of the impact of the Brock West Landfill Site, the Beare Road Landfill Site, the Brock North and Brock South Landfill Sites and the proposed EEll Landfill Site by the Interim Waste Authority; and WHEREAS residents have individually or through groups such as PACT or the various local ratepayer associations have been involved in the developing of policies and strategies to deal with these landfill sites; NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby directs that the Special Policy Group consult with various groups such as PACT and ratepayer associations in considering the proposal submitted by Canada Composting Inc. CARRIED Council considered the following motions in conjunction with the above resolution. Resolution #60/94 Moved by Councillor Brenner Seconded by Councillor Johnson That the above motion concerning Canada Composting Inc. be amended by adding the following words in the last paragraph: "consult with various groups such as PACT and Ratepayer Associations in considering the proposal submitted by Canada Composting Inc. CARRIED Recorded Vote to call the question concernin2 the Canada comoostin2 amendment: Yes: No: Councillors Brenner, Higdon, Johnson, Pistritto, Wellman and Mayor Arthurs Councillor Van Kempen Recorded Vote on amendment: Yes: No: Councillor Brenner, Higdon, Johnson, Pistritto, Wellman and Mayor Arthurs Councillor Van Kempen Recorded Vote on Motion as amended: Yes: No: Councillors Brenner, Higdon, Van Kempen, Wellman and Mayor Arthurs Councillors Johnson and Pistritto 56 Resolution #61/94 Moved by Councillor Wellman Seconded by Councillor Brenner WHEREAS the West Rouge Canoe Club as requested permission ftom the Metropolitan Toronto and Region Conservation Authority, (MTRCA) , to establish a paddling facility on Frenchman's Bay on a temporary basis, ftom April 23, 1994 to October 3 I, 1994; and 8 WHEREAS this facility is proposed to be located on the north side of the west spit of Frenchman's Bay adjacent to the existing fenced compound area, and to consist of a 50 X 10 foot trailer on wheels to store approximately 20 canoes and kayaks, and parking for 3 to 5 cars; and WHEREAS the Water and Related Land Management Advisory Board of the MTRCA recommended approval of the proposal at its meeting of April 15, 1994 on the grounds that the paddling activity is consistent with the environmentally-mendly recreation activities which are suitable for the Bay and with the current park operations, and will not impede public access to the west spit; and WHEREAS the MTRCA has requested the Town's concurrence with the proposal, prior to it being considered by the full Authority on April 22, 1994, NOW THEREFORE, the Council of the Town of Pickering HEREBY RESOL YES that it concurs with the proposal of the West Rouge Canoe Club as outlined by the MTRCA in its April 15, 1994 report to the Water and Related Land Management Advisory Board, subject to the conditions that the use be for a temporary time period only, being April 23 to October 31, 1994, and that a building permit be obtained for the temporary trailer fTom the Town's Building Department CARRIED 8 (IV) BY-LAWS That Councillor Brenner seconded by Councillor Wellman, took leave to introduce a by-law of the Town of Pickering: By-law Number 4411/94 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 4042/92, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 29, Concession 1 (part 1, Plan 40R-9979) Town of Pickering. (A 22/93; 18T-93013) THIRD READING: Councillor Brenner, seconded by Councillor Wellman moved that the report of the Committee of the Whole on By-law Number 4411/94 be adopted 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. 8 CARRIED 8 8 8 57 (V) OTHER BUSINESS 1. Mayor Arthurs advised that he was in attendance at the opening of the Mandarin Restaurant. 2. Mayor Arthurs advised of the agreement with the Pickering Harbour Company concerning Frenchman's Bay. 3. Mayor Arthurs advised of the status of the Reserve Fund ftom 1989 to 1993. 4. The following matters were discussed prior to the regular meeting: a) The Town Manager informed Council that Civic Awards Night will be held in mid June. b) The Town Manager advised Council that the Bus Rodeo will be held on Sunday, April 24th at the Iroquois Park in Whitby. c) Councillor Pistritto extended an invitation to all Council and staff to be his guest at the Covey Conference on May 5th, 1994. (VD CONFIRMATION BY-LAW By-law Number 4413/94 Councillor Brenner, seconded by Councillor Johnson 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 meeting held on the 18th day of April, 1994 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 10:45 p.m. Dated May 3rd 1994 - CLERK TOWN OF PICKERING That the Executive Committee of the Town of Pickering having met on April 11, 1994, presents its sixth report to Council and recommends: 8 ZONING BY -LAW AMENDMENT APPLICATION A 24/93 R. & A. SLEMMONDS PART OF LOT 18, CONCESSION 1 FILE NUMBER - B 2310 - A 24/93 1. That Zoning By-Law Amendment Application A 24/93, submitted by R. & A. Slemmonds, to permit associated industrial and light industrial uses on lands being Part of Lot 18, Concession 1, Town of Pickering, be APPROVED subject to the following conditions: 1. That the implementing Zoning By-law: (a) 8 (b) (c) (d) 8 (e) AS AMENDED permit light industrial and limited commercial uses including the following: bakery, business office, commercial club, commercial recreation establishment, dry cleaning depot, dry cleaning establishment, food preparation plant, light manufacturing plant, merchandise service shop, place of assembly, private club, professional office, public club, restaurant, sales outlet, scientific, research or medical laboratory, veterinary clinic, vehicle repair shop, vehicle sales shop, warehouse; include the following restrictions on permitted uses: . the combined gross leaseable floor area of all commercial uses be limited to 50 % of the total gross leaseable floor area; restaurants may not exceed 25 % of the total gross leaseable floor area; restaurants may not include drive through facilities; sales outlets are permitted uses only if accessory to light industrial or warehouse uses and providing the gross leaseable floor area of the sales outlet is restricted to 20 % of the associated use; no outdoor storage is permitted. no outdoor display is permitted. . . . . establish appropriate parking standards and parking setbacks for combined industrial and commercial facilities with 25-50 percent commercial uses; introduce appropriate provisions regarding building setbacks, and building envelopes; provide any further provisions, as necessary. 2 2. ZONING BY-LAW AMENDMENT APPLICATION A 27/93 668390 aNT ARlO LIMITED PART OF LOT 12, PLAN 282 FILE NUMBER - B 2310 - A 27/93 That Zoning By-law Amendment Application A 27/93 submitted by 668390 Ontario Limited, be APPROVED to permit the creation of two 12-metre lots on lands being Part of Lot 12, Plan 282, Town of Pickering. 8 3. DR. E.A. SALMON PART OF LOT 32, RANGE 3, B.F.C. FILE NUMBER - B 2310 - A 14/93 Zoning By-law Amendment Application submitted to the Town of Pickering by Dr. E.A. Salmon on lands being Part of Lot 32, Range 3 B.F.C., Town of Pickering, to expand the list of currently permitted uses to allow a business office, professional office, financial institution, restaurant, furniture, appliance or carpet outlet and a day nursery be APPROVED subject to the following conditions: 1. That prior to forwarding an implementing Zoning By-law for Council's consideration, the owner receive Site Plan Approval ftom the Town; 2. That the implementing Zoning By-law include, but not necessarily be limited to, the following provisions: (a) That a ftont yard depth of approximately 2.8 metres should apply to the existing building only; (b) That a 4.5-metre front yard depth be established for any new structures or additions to the existing building 8 (c) For all uses except restaurants, there shall be provided and maintained in the zone a minimum of 5.0 parking spaces per 93- square metres gross leaseable floor area or part thereof; (d) For restaurants, there shall be provided and maintained in the zone a minimum of 8.0 parking spaces per 93-square metres gross leaseable floor area or part thereof. (e) Restrict restaurant use to a Type "B II . (f) that a minimum height of 7.5 metres be established for any new structure on the subject land AS AMENDED 8 8 8 8 3 4. WALNUT LANE AREA DESIGN GUIDELINES LANDS ON THE NORTHSIDE OF KINGSTON ROAD BETWEEN WALNUT LANE AND PINE CREED FILE NUMBER - B 1000 That the memorandum of the Director of Planning dated March 31, 1994 regarding Design Guidelines for the Walnut Lane area be received. 5. NOXIOUS WEEDS FILE NUMBER - A 2260 That the Council of the Corporation of the Town of Pickering authorizes the publication of a Public Notice regarding the destruction of weeds under the provision of the Weed Control Act of the Province of Ontario and directs the Regional Weed Inspectors to cause noxious weeds or weed seeds to be destroyed in such a manner as they may deem proper; and that the expenses incurred by the said Weed Inspectors in the discharge of their duties shall be placed on the Collector's Roll of the Town of Pickering against the respective parcels concerned and that such amounts shall be collected in the same manner as taxes under the Municipal Act. 6. TENDERS T-I-94 STORM SEWER, CURB AND SIDEWALK INST ALLA TION FILE NUMBER - A 2260 That Tender T-I-94 submitted by Miwel Construction Ltd., for the installation of storm sewer, curb and sidewalk, in the amount of$81,447.33 be approved. 7. GRANT TO SUPPORT SENIORS DAY TEA PARTY AT RECREATION COMPLEX FILE NUMBER - C 2163 That the Council of the Town of Pickering hereby authorizes the transfer of $250 ftom Account 2195 (Grants to Organizations and Individuals) to Account 2731- 9935 (Revenue-Recreation Complex Banquet Halls) in support of the Seniors Day Tea Party to be held on May 1, 1994.