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HomeMy WebLinkAboutAugust 4, 1993 -. 115 15/93 COUNCIL MINUTES A Meeting of the Pickering Town Council was held on Wednesday, August 4, 1993 at 7:30 p.m. PRESENT: 8- Mayor Arthurs COUNCILLORS : M. Brenner E. Higdon R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: C.M.T. Sheffield B. Taylor N. Carroll T. Melymuk D. Kearns (1) - (II) 1. , - - Acting Town Manager - Town Clerk - Director of Planning - Deputy Director of Planning - Co-ordinator of Council Services ADOPTION OF MINUTES Regular Meeting of June 28, 1993. Special Council Meeting of July 8, 1993. DELEGATIONS David Steele, David Strain and Charlie Smith, representing PACT, addressed Council with respect to the Brock West Landfill Site. They requested that Council take strong and immediate action for the residents of Pickering to close this site and ensure that Pickering does not received another dump. They also requested that Pickering forbid any dumping in Pickering from the Malvern Remedial Project. They advised that leachate contamination was found in two wells, one of which is located 400 feet from the landfill site boundary and they asked that a leachate treatment facility be built in Pickering within the next two years. Also requested was the erection of signs on the hiking trails to warn hikers of leakage from the dump and to not wander off the trail and the ~ost of these signs be covered by Metro. Ensure that Durham Region do not enter into an agreement with Metro for Durham to take over the dump. SEE RESOLUTION #185/93 (II) 2. 8 3. 4. 5. 8 6. 7. 8 8. 15/93 116 DELEGATIONS - continued Doug Dickerson addressed Council with respect to the zoning of the convenience store at the northwest corner of Highway #2 and Fairport Road. He requested that the entire file respecting this site be copied to each member of council, before. the September meeting, in order that they may have a better understanding of the history of this property. He suggested that a meeting be arranged, prior to the September meeting, between himself, the Ward Councillors, affected parties and the owners. Bill Lewis, 909 Mountcastle Crescent, addressed Council in support of the draft by-law to regulate smoking in public places. He requested that pro-health action be taken and that Council vote for and pass this much needed by-law. Rob Davis, 983 Grafton Court, addressed Council with respect to the sale of the Town-owned land between Lots 40 and 41 on Grafton Court. He advised that if he is allowed to erect a fence on this property, that he and his neighbour will maintain the land and will remove the fence when required. He stated that the Hertzbergs are concerned about the access to their property and that if access was to be completed from Finch Avenue they would have no problem with erection of this fence. He advised that they are looking for a win/win situation for all concerned and that all neighbours have stated they do not wish a driveway situated on this property. Brenda Pemberton-Pigott, 2390 Rosebank Road addressed Council in support of the enactment of a by-law to regulate smoking in public places. Lionel Shaw, representing Mr. & Mrs. Hertzberg addressed Council with respect to the sale of Town-owned land between Lots 40 and 41 on Grafton Court. He stated their concern that Councillor Wellman would bring this matter before Council with Mr. Hertzberg seriously ill in hospital. He advised that Mr. Hertzberg sold a portion of his property to Mr. Boddy on the condition that an alternate entrance to his property would be maintained. He requested a speedy solution to this problem and advised that the Hertzbergs are prepared to take any action to prevent the loss of this access. Dave Ryan, Chair of the Mayors Task Force Against The Dump addressed Council with respect to the Brock West Landfill Site. He stated his concern that the Solicitors report has been given. the label of confidential. The report and background information should be made available to PACT and the residents of Pickering. He requested that Council make a full . disclosure and remove the confidential label. Joseph Lebovic, representing Nugget Construction addressed Council with respect to draft plan of subdivision l8T-88002 (R) and the rezoning application on . Oakburn Street. He advised that he is satisfied with the Planning staff's recommendation and requested Council's approval. III) 9. 10. 8 11. 8 8 - 15/93 117 DELEGATIONS - continued Sylvia Spencer, 771 Sheppard Avenue addressed Council with respect to changes to the Northeast Quadrant. She stated that this matter should be considered at a public meeting and asked that it be deferred until September. Mr. Lohr, 1910 Altona Road addressed Council with respect to draft plan of subdivision l8T088002(R). He questioned Council as to who would be determining the worth of his land and requested that #15 of Appendix #1 to Recommendation Report No. 15/93 be deleted. The following persons addressed Council with respect to the Muslim Guidance Centre application. a) Ron Palace, President of Cherrywood Community Assoc. stated his support of the residents of Cherrywood. He stated that their feelings are not discriminatory, but that they are against the rezoning. They feel that the report of staff is bias in support of the Islamic Guidance and they request that this recommendation not be accepted. He distributed a copy of a petition signed be residents against this application. b) Dorothy Munro, 400 Concession 3 Road stated that the meeting held with the Islamic Guidance served to confirm their reservations. She believes that there is not one family within Cherrywood or even Pickering who would use this facility. The residents are concerned with the amount of people that will use this centre and the increase to their community disturbing their way of life. She asked Council to support the residents of Cherrywood and refuse this application. c) Mr. Akbar, Agent for the Islamic Guidance offered names and addresses of residents of Pickering that may use this facility. He advised that a meeting was held with Councillor Pistritto and Mr. Melymuk to determine what this building should be called due to its various uses. The amount of parking spaces are required by law due to the size of the building. He advised that this building will not be expanded and that five of its members will take personal responsibility to ensure that an expansion does not happen. d) Malcolm Lategan, 455 Concession Road stated his concern that the community of Cherrywood would change if this application is approved. e) Jim Everley, Rosebank Road, Cherrywood stated his concern that this facility could accommodate 260 people. The population of Cherrywood is 40 people and the approval of this application could bring as many as 260 more people to the community which would be overwhelming. f) John Coultis, 435 Concession 3 Road stated his opposition to the changing of the zoning. He advised Council that they were elected by the residents of Cherrywood and the residents would like them to listen to them and refuse this application. (II) 8 8 12. -- b) 118 15/93 DELEGATIONS - continued g) A member of the Executive of the Islamic Council stated that he has been a resident of Canada for 30 years and well integrated into society. He advised that a schedule of events has been outlined to the residents and Council which includes speeches and prayer time, there will be no drinking, dancing or loud music. He asked Council for their approval. h) A resident stated that this application should be approved and the members of the Islamic Guidance Council should be given a chance. i) Brenda Pemberton-pigott, 2390 Rosebank Road stated that it was the belief of the residents of Cherrywood that the planning of Cherrywood had already been approved. She advised that the hamlet should be residential only except for the existing church and store. She feels let down by the Planning Staff's recommendation. j) Ikram Makki, 1082 Glenanna Road stated that he has lived in Pickering for the past 12 years and Canada for 26 years. He stated his support of this application, not only because he is a Muslim but also because he is a resident of Pickering. k) Margaret Lategan, 455 Concession 3 Road stated her resentment that this is being made a racial problem. She stated the objection is the increase in traffic. The community consists of 12 homes, a store, church and community centre. She advised that there are 6 hamlets within Pickering, which under the Durham Official Plan are designated basically residential. 1) Doug Moss, resident of Cherrywood stated his concern with the increase in traffic, advising that he loves Cherrywood and wishes it to remain the way it is. There would be no objection to a Muslim family moving into the community. SEE RESOLUTION #158/93 The following persons addressed Council with respect to Draft Plan of Subdivision l8T087043 (R) and Zoning By-law Amendment Application A 36/87(R). a) Nigel O'Neil, representing Dependable Incorporators Ltd. requested that the draft plan submitted by the applicant be approved. The applicant is not in agreement with the recommendation for an internal road system, they are willing to adjust the lot line of Lot 5. Bill Neal, 1897 Woodview Avenie stated his concern with the set-back immediately to the north and the lot sizes. He has a 80' lot and a 40' lot is planned abutting him. He does not want to look out his front door and into someone else's back door, he is entitled to a line of vision. What will happen to the creek running through his property? Who can assure him that the grading of the planned development will not be higher than his? III) 8 14. 8 8 15/93 119 DELEGATIONS - continued c) Ralph Josey, resident, also stated his concern with respect to the creek. He also advised that in actuality they are not dealing with two roads, but four. There is a lot of traffic on Woodview Avenue and to construct roads leaving the area would help. SEE RESOLUTION #159/93 AND #160/93 The following persons addressed Council with respect to Zoning By-law Amendment Application A 28/92, submitted by Ultramar Canada Inc. a) A resident of 1882 Bainbridge Drive stated that the wording of the report should have been consistent. The residents did not know what was being applied for, therefore, the application should be refused or it should be sent back to the residents. A study review should be carried out concerning this application. b) Hugh Spring, representing Tim Donut Limited asked for acceptance of the staff recommendation. c) Mr. V. Canzanese, representing approximately 15 doughnut shops stated that he had previously submitted petitions against this establishment. Their concern is with the traffic congestion which would be created. He asked why this application is being considered when a similar application was refused in 1988. He advised that a traffic count was carried out and that the traffic in that area amounts to approximately 2,000 cars in 1 1/2 to 2 hours. He also stated that the by-law should be changed to outline how many businesses of a similar type could be established within a certain radius. d) Beverley Rosner, representing Creekside Development advised that if this application is approved it will put into jeopardy the convenience store abutting the property. She stated that the Planning Report allows for every gas station to have a convenience store. Convenience stores are already suffering due to the approval of Sunday shopping. e) A representative of the Ultramar stated that she felt that the convenience store would not suffer if this application were to be approved. She advised that the Ultramar would not be expanding, the approval of this application would just allow them to continue selling what they have been selling in the past. f) Louise Abdu, Manager of the convenience store abutting the property in question stated that the Ultramar not in compliance selling accessory goods and requested that this application be refused. (II) 8 IS. tIIn 15/93 120 DELEGATIONS - continued g) Gordon Potts, 844 Vicki Drive stated that if the application is approved, a precedence would be set. He questioned how other applications for similar establishments could be refused and pointed out that a drive-through doughnut shop could be applied for at every gas bar. SEE RESOLUTION #161/93 The following persons addressed Council with respect to Planning Report No. 9/93. a) Jacquelyn Smart, a resident of Pickering stated her concern over height restrictions in Bay Ridges and requested that this item be considered within the Plan. She also advised that the community centre is not shown in the Plan. b) Randy Devet, associated with the Rouge Valley Association requested that the Association be kept up-to-date on the District Plan Review. SEE RESOLUTION #164/93 RESOLUTIONS Resolution #154/93 8 Moved by Councillor Wellman Seconded by Councillor Van Kempen That Council adopt Amendment No. IS to the Brock Industrial Area Development Plan to permit a commercial-recreational facility on Part of Lots 19 and 20, Concession 1, Town of Pickering as outlined in Attachment No.2 to the 'Planning Department memorandum dated July 19, 1993 and, that said amendment not take effect until the Ministry of Municipal Affairs approves the corresponding Amendment No. 81 to the Brock Industrial Area Community Plan. CARRIED Resolution #155/93 Moved by Councillor Johnson Seconded by Councillor Higdon 1. a) 8 b) That Amendment No.7 to the Hamlet of Claremont Development Plan, to redesignate from Residential Phase II to Residential Phase I, approximately 1.2 hectares of land on the west side of Regional Road No.1 at the south end of the Hamlet of Claremont, required in conjunction with LD 119/93, be ENDORSED as outlined in Attachment #4 to the Planning Department memorandum dated July 23, 1993; and That proposed Amendment No.7 be forwarded to the Region of Durham for consideration under Section 10.4.2.2 of the Durham Regional Official Plan; and 15/93 121 Resolution #155Ia)/93 - continued 8 c) That should the Region of Durham have no concerns with the proposed Amendment, that said Amendment be considered ADOPTED by Town Council as of the date of the Region's comments on the Amendment. CARRIED Resolution #155Ib)/93 Moved by Councillor Johnson Seconded by Councillor Higdon That Land Severance Application LD 119/93, Claremont Estates Ontario Inc., be authorized to the Durham Land Division Committee in accordance Land Severance Policy. submi tted by proceed through with the Town's CARRIED Resolution #156/93 Moved by Councillor Johnson Seconded by Councillor Wellman That Town Council recommend to Regional Council that Draft Plan of Subdivision 18T-88002 (R), submitted by Nugget Construction Company Limited on lands being Part of Lots 22 and 23 Plan 329, and Part of Lot 33, Concession 1, Town of Pickering, be APPROVED subject to the following conditions: 8 1. 2. 3. 4. 8 That this recommendation apply to the plan prepared by Cumming Cockburn Limited, dated June 15, 1993, (Drawing 5053-Pl), as red-lined and bearing the Town's recommendation stamp. That the owner submit a Draft 40M-Plan to be approved by the Town Planning Department prior to the forwarding of an implementing Zoning By-law to Town Council. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. That prior to the final registration of this plan, the owner: ( a) satisfy the Director of Public Works, the Ministry of Natural Resources, and the Metropolitan Toronto and Region Conservation Authority respecting a storm water drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) submit a Draft 40M-Plan to be approved by the Town Planning Department; (c) submit to the Town for approval, a detailed tree preservation programme prepared in conjunction with the proposed grading plan and engineering design plans for the subject Plan, to the satisfaction of the Town, which includes a 10.6 metre undisturbed preservation zone at the rear of Lot 1, and Lots 11 to 26; and shall not remove any trees until such time as this programme has been approved by the Town, except as authorized by the Director of Community Services and Facilities; 15/93 122 Resolution #156/93 - continued 8 8 8 15. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. (d) submit a tree planting programme to the satisfaction of the Director of Community Services and Facilities. (e) satisfy the Director of Public Works respecting the submission and approval of a detailed soils analysis report; (f) satisfy the Town respecting an appropriate contribution to the cost of installing automatic traffic control gates at the Woodview Drive level crossing of the Canadian National Railway right-of-way. That the owner make satisfactory arrangements regarding the provision of all services required by the Town. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. That the owner dedicate all road allowances with proper corner roundings and sight triangles to the Town. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. That the owner agree to convey easements or reserves as required. the to Town any That the streets within the Draft Plan be named to the satisfaction of the Town and the Region and be dedicated as public highways under the jurisdiction of the Town upon the registration of the plan. That the owner construct a temporary road on Lots 40 and 84 to the satisfaction of the Director of Public Works. That prior to the issuance of any building permit for the construction of any residential unit on the lands, the owner submit to the Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision. That the owner construct at his own expense, to the satisfaction of the Town, the Ministry of Natural Resources, and Ontario Hydro, an appropriate boundary fence along the common property boundary between the subject lands and the Ontario Hydro lands to the north. That Block 101 be developed for residential purposes in conjunction with abutting lands to the south and that this Block be maintained to the satisfaction of the Town until such time as it is developed. That Lots 26 to 33 be developed in conjunction with northerly abutting lands, however, if. the owner can demonstrate that he has made a bona fide offer to purchase, at a price fairly reflective of the appraised value, and the owner of the lands abutting Lots 26 to 33 has declined to accept the offer, then Lots 26 to 33 may be developed other than in conjunction with the abutting lands to the north. 15/93 123 Resolution #156/93 - continued 16. That Block 100 be conveyed to the Town of Pickering for Open Space purposes. 17. That the owner satisfy the Director of Public Works with respect to an appropriate construction traffic access. 8 18. That three appraisers are chosen, one by Nugget Construction, one by Mr. Lohr and one by the Town of Pickering for the purpose of acquiring appraisals of the northerly abutting lands. CARRIED Recorded Vote: Yes: Councillors Higdon, Johnson, Van Kempen, Wellman and Mayor Arthurs Councillors Brenner and Pistritto No: Resolution #157/93 Moved by Councillor Johnson Seconded by Councillor Wellman 8 That Zoning By-law Amendment Application A 12/88 (R), submitted by Nugget Construction Co. on lands being Part of Lots 22 and 23, Plan 329, and Part of Lot 33, Concession 1, Town of Pickering, be APPROVED t? implement development as proposed by Draft Plan of Subdivision 18T-88002(R) subject to the following conditions: 1. That Draft Plan of Subdivision 18T-88002 (R) receives draft approval by the Region of Durham or the Ontario Municipal Board, if necessary. 2. That the implementing Zoning By-law include, but not necessarily be limited to, the following provisions: (a) an appropriate Open Space-Hazard Land zone be established on Block 100 to the satisfaction of the Metropolitan Toronto and Region Conservation Authority; and (b) an appropriate Open Space-Hazard Land zone be established on the rear 10.6 metres of Lots 1 and 11 to 26; and (c) a 3.5 metre front yard depth to be established on Lots 11 to 26. CARRIED 8 Recorded Vote: Yes: Councillors Higdon, Johnson, Van Kempen, Wellman and Mayor Arthurs Councillors Brenner and Pistritto No: 15/93 124 Resolution #158/93 Moved by Councillor Higdon Seconded by Councillor Van Kempen 8 That Zoning By-law Amendment Application A 31/92, submitted by the Council of Islamic Guidance, on lands being Part of Lot 30, Concession 3, Town of Pickering, to permit a community/cultural centre (place of worship) be APPROvËD IN PRINCIPLE, subject to the following conditions: ( a) the Town of Pickering grant Conceptual Site Plan Approval to such plans and drawings that illustrate the proposed arrangement of buildings, parking areas, septic tile bed, reserve tile bed, and landscaping areas, as the applicant may be required to submit under Section 41 of the Planning Act, R.S.O., chapter P.13, as amended from time to time; (b) the Town is satisfied that the applicant has restored, or made appropriate arrangements with the Durham Regional Department of Health Services to restore, appropriate ground cover for the existing septic tile field; 2. That the implementing zoning by-law: (a) establish zoning provisions to permit the establishment of a community/cultural facility (namely, a place of worship); and (b) establish appropriate provisions such as, but not limited to the following: 8 (i) a maximum gross metres; and floor area of 500 square (ii) a parking requirement of 1 space persons capacity of the facility. per 4 CARRIED Recorded Vote: Yes: Councillors Brenner, Higdon, Wellman and Mayor Arthurs Councillor Pistritto Johnson, Van Kempen, No: Resolution #159/93 Moved by Councillor Johnson Seconded by Councillor Pistritto 8 That Town Council recommend to Regional Council that Draft Plan of Subdivision l8T-87043 (R), submitted by Dependable Incorporators Ltd. on lands being Part of Lot 24, Plan 329, Town of Pickering be APPROVED subject to the following conditions: 1. That this recommendation apply to the plan prepared by Town Planning Staff, dated August 4, 1993 and bearing the Town's recommendation stamp. 15/93 125 Resolution #159/93 - continued 2. 3. 8 4. 8 5. 6. 7. . 8. 9. That the owner submit a Draft 40M-Plan to be approved by the Town Planning Department prior to the forwarding of an implementing Zoning By-law to Town Council. That the owner enter into a subdivision agreement with and to the satisfaction of the Town. That prior to the final registration of this plan, the owner: (a) satisfy the Director of Public Works, the Ministry of Natural Resources, and the Metropolitan Toronto and Region Conservation Authority respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements; (b) submit a Draft 40M-Plan to Town Planning Department; be approved by the (c) submit to the Town for approval, a detailed tree preservation programme prepared in conjunction with the proposed grading plan and engineering design plans for the subject Plan, to the satisfaction of the Town; and shall not remove any trees until such time as this programme has been approved by the Town, except as authorized by the Director of Community Services and Facilities; (d) submit a tree planting programme satisfaction of the Director of Services and Facilities. to the Community (e) satisfy the Director of Public Works respecting the submission and approval of a detailed soils analysis report; (f) satisfy the Town respecting an appropriate contribution to the cost of installing automatic traffic control gates at the Woodview Drive level crossing of the Canadian National Railway right-of-way. That the owner make satisfactory arrangements regarding the provision of all services required by the Town. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. That the owner dedicate all road allowances with proper corner roundings and sight triangles to the Town. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. That the owner agree to convey easements or reserves as required. the to Town any 15/93 126 Resolution #159/93 - continued 10. 11. 8 12. 13. 14. 15. 8 That the streets within the Draft Plan be named to the satisfaction of the Town and the Region and be dedicated as public highways under the jurisdiction of the Town upon the registration of the plan. That prior to the issuance of any building permit for the construction of any residential unit on the lands, the owner submit to the Director of Planning, for approval, a report outlining siting and architectural design objectives for the subdivision. That Blocks 20 to 29 be developed for residential purposes in conjunction with abutting lands and that these Blocks be maintained to the satisfaction of the Town until such time as they are developed. That Blocks 30 and 31 be developed as a road to align with the road in Draft Approved Plan of subdivision 18T-84018, unless such road is determined by the Town, not to be required. Should a road not be required, then Blocks 30 and 31 are to be developed for residential purposes in conjunction with abutting lands. Until such time as Blocks 30 and 31 are developed, they shall be maintained by the owner to the satisfaction of the Town. That the owner satisfy the Director of Public Works with respect to an appropriate access for construction traffic. That the owner construct a 1.8-metre high wood privacy fence along the southern boundary of Lots 1 and 5. CARRIED Recorded Vote: Yes: Van Councillors Brenner, Higdon, Johnson, Kempen, Wellman and Mayor Arthurs Pistritto, Resolution #160/93 Moved by Councillor Johnson Seconded by Councillor Pistritto That Zoning By-law Amendment Application A 36/87 (R), submitted by Dependable Incorporators Ltd. on lands being Part of Lot 24, Plan 329, Town of Pickering, be APPROVED to implement development as proposed by Draft Plan of Subdivision 18T-87043(R) subject to the condition that: e 2. (a) Draft Plan of Subdivision 18T-87043 (R) draft approval by the Region of Durham. receives That the implementing Zoning By-law include, but not necessarily be limited to, the following provision: (a) an appropriate front yard depth and side yard depth be established on Lot 1 to maintain sight lines and established streetscape. CARRIED 15/93 127 Resolution #161/93 Moved by Councillor Pistritto Seconded by Councillor Van Kempen That Zoning By-law Amendment Application A 28/92, to permit the development of a drive-through restaurant on the subject lands being Part of Block B, Plan M-1024, Town of Pickering be REFUSED. 8 CARRIED Recorded Vote: es: Councillors Brenner, Higdon, Wellman and Mayor Arthurs Councillor Johnson Pistritto, Van Kempen, No: Resolution #162/93 Moved by Councillor Van Kempen Seconded by Councillor Wellman That Town Council ENDORSE an INTERPRETATION of the various automobile service station definitions within the Town's Zoning By-laws allowing the sale of cold drinks, packaged food, tobacco and other accessory goods so long as the sale of accessory goods remains incidental and subordinate to the principle operation; 8 OR; That Town Council directs Planning Staff to initiate a formal amendment to the Town's Zoning By-laws to specifically recognize the sale of a wider variety of accessory goods from automobile service stations. Deferred to a Council Meetinq in September Resolution #163/93 Moved by Councillor Van Kempen Seconded by Councillor Wellman That this September. resolution be deferred to a Council Meeting in CARRIED . 15/93 128 Resolution #164/93 Moved by Councillor Higdon Seconded by Councillor Van Kempen 1. That Council Receive for Information Planning Report No. 9/93 which provides an update on the Pickering District Plan Review; and 8 2. That all interested individuals, groups and agencies be forwarded a copy of Planning Report No. 9/93. CARRIED Resolution #165/93 Moved by Councillor Johnson Seconded by Councillor Brenner That Richard Ward be allowed to address Council concerning this resolution. LOST Recorded Vote: Yes: No: Councillors Brenner, Johnson and Pistritto Councillors Higdon, Van Kempen, Wellman Arthurs and Mayor 8 Resolution #166/93 Moved by Councillor Wellman Seconded by Councillor Johnson That Council permit the owners of Lots 40 and 41, Plan 40M-1627 to encroach upon Block 50, Plan 40M-1627, and to place a fence along the centreline thereof. OR That Council instruct the Town Solicitor to undertake discussions with the owners of Lots 40 and 41, Plan 40M-1627, and the owner of that part of Lot 25, Concession 2, designated as Part 2, Plan 40R-9794, respecting the need to maintain Block 50, Plan 40M-1627, in the Town's ownership for the purposes of access between Grafton Court and Part 2, Plan 40R-9794. See followino resolution . 15/93 129 Resolution #167/93 Moved by Councillor Brenner Seconded by Councillor Wellman To divide the following resolution. CARRIED 8 Recorded Vote: Yes: Councillors Brenner, Johnson, Pistritto, Mayor Arthurs Councillors Higdon and Van Kempen Wellman and No: Resolution #168/93 Moved by Councillor Brenner Seconded by Councillor Wellman That Council permit the owners of Lots 40 and 41, Plan .40M-1627 to encroach upon Block 50, Plan 40M-1627, and to place a fence along the centreline thereof; and That upon request by the Town of Pickering the fence shall be removed at the expense of the two abutting owners. CARRIED 8 Council considered the following motions in conjunction with the above resolution: Resolution #169/93 Moved by Councillor Van Kempen Seconded by Councillor Higdon That upon request by the Town of Pickering the fence shall be removed at the expense of the two abutting owners. CARRIED Resolution #170/93 Moved by Councillor Higdon Seconded by Councillor Van Kempen That the above amended resolution be tabled. LOST e Recorded Vote: Yes: No: Councillors Higdon, Pistritto and Van Kempen Councillors Brenner, Johnson, Wellman and Mayor Arthurs Recorded Vote on Resolution as Amended: Yes: No: Councillors Brenner, Johnson, Pistritto and Wellman Councillors Higdon, Van Kempen and Mayor Arthurs 15/93 130 Resolution #171/93 Moved by Councillor Brenner Seconded by Councillor Wellman 8 That Council instruct the Town Solicitor to undertake discussions with the owners of Lots 40 and 41, Plan 40M-1627, and the owner of that part of Lot 25, Concession 2, designated as Part 2, Plan 40R-9794, respecting the need to maintain Block SO, Plan 40M-1627, in the Town's ownership for the purposes of access between Grafton Court and Part 2, Plan 40R-9794. LOST Recorded Vote: Yes: No: Councillors Johnson, Wellman and Mayor Arthurs Councillors Brenner, Higdon, Pistritto and Van Kempen Resolution #172/93 Moved by Councillor Van Kempen Seconded by Councillor Brenner That the Council of the Corporation of the hereby supports the concepts outlined in the "Restructuring Resource Management in Ontario Success" as prepared by the Association Authorities; and Town of Pickering document entitled - A Blueprint For of Conservation 8 That the Premier, Minister of Natural Resources and Jim Wiseman, MPP, be so notified of this support. CARRIED Resolution #173/93 Moved by Councillor Johnson Seconded by Councillor Brenner That Mayor Arthurs proclamations: be authorized to make the following "2ND ANNUAL CASUAL DAY FOR HEAR" - August 27, 1993 To declare Pickering as a "SRI CHINMOY PEACE TOWN" CARRIED Resolution #174/93 e Moved by Councillor Pistritto Seconded by Councillor Van Kempen WHEREAS the Airport Land Committee is aware of the fact that a substantial portion of tenants are not being offered leases; and WHEREAS Pickering citizens are being placed in a high level of uncertainty creating an atmosphere of anxiety; and 15/93 131 Resolution #174/93 - continued WHEREAS there is a distinct risk of the existing Pickering rural communities being destroyed by virtue of the uncertainty surrounding the current Federal disposal process of properties similar to the experience of 1972 when whole communities disappeared; and 8 WHEREAS the disposal of a few northern properties may set a precedent for the future sale of further Federal and provincial lands recognizing that approximately 50% of the land in the Town of Pickering is controlled by these two government bodies; and WHEREAS Pickering must have greater input into the surplus airport lands than is now being allowed; and sale of WHEREAS a majority of Provincial representatives on the Federal Technical Review Committee for the disposal of surplus airport lands have recommended against the disposal of the airport lands at this time; and WHEREAS the August 4, 1993 date to respond to the Proctor and Redfern Report entitled "Pickering Surplus Lands Disposition, Federal Environmental and Review Process, Initial Assessment, Draft Phase IA Report" is unreasonable; NOW THEREFORE the Council of the Corporation of the Town of Pickering hereby insists that the Federal Government discontinue the sale of parts of its surplus airport lands until Pickering has completed its assessment of the sale and the Minister of Public Works Canada has provided adequate information" to the Town on this sale. CARRIED 8 Councillor Johnson declared an interest as he is a resident on the airport surplus lands. Resolution #175/93 Moved by Councillor Brenner Seconded by Councillor Wellman That Council approve funds from the Transportation - External Subdivision Works Account for the undertaking of storm sewer installation on Fairport Road from Kingston Road northerly 150 metres. CARRIED Resolution #176/93 Moved by Councillor Pistritto Seconded by Councillor Johnson -- That no changes be made to the culvert or road on Concession 3 Road in Cherrywood. OR That the Director of Public changes to the culvert and Cherrywood at an approximate Report PW 11/93. Works be directed to carry out road on Concession 3 Road in cost of $10, 000 as outlined in Deferred to early Council Meetina in September 15/93 132 Resolution #177/93 Moved by Councillor Pistritto Seconded by Councillor Johnson That the above resolution Meeting in September. be deferred to an early Council CARRIED 8 Resolution #178/93 Moved by Councillor Wellman Seconded by Councillor Brenner That the Public Works Department be authorized to have debris and litter removed from Clements Road, Silicone Drive and Copperstone Drive at a cost of $16,860. CARRIED Resolution #179/93 Moved by Councillor Johnson Seconded by Councillor Pistritto That the report on "Expansion of Service to the Rural Area" prepared by the Director of Public Works, dated July 16, 1993 be adopted and that the recommendations contained within the report be implemented. 8 CARRIED Resolution #180/93 Moved by Councillor Van Kempen Seconded by Councillor Wellman That the above resolution be referred to the 1994 budget. LOST Recorded Vote: Yes: No: Councillors Van Kempen and Wellman Councillors Brenner, Higdon, Johnson, Mayor Arthurs Pistritto and Recorded Vote on Resolution: Yes: Councillors Brenner, Higdon, Johnson, Kempen, Wellman and Mayor Arthurs Pistritto, Van 8 15/93 133 Resolution #181/93 Moved by Councillor Johnson Seconded by Councillor Pistritto That patricia Scott be appointed as a Fenceviewer; and That a by-law to implement this appointment 'be enacted. 8 CARRIED Resolution #182/93 Moved by Councillor Van Kempen Seconded by Councillor Wellman That Town Solicitor's Report to Council L 90/93 be received for information. CARRIED Resolution #183/93 Moved by Councillor Wellman Seconded by Councillor Higdon That Tender T-5~93 submitted by Elirpa Constriction in the amount of $940,056.10 for the installation of storm and sanitary sewers and road improvements on Valley Farm Road and McKay Road be approved; 8 and that an over-expenditure of $162,000.00 for this project be approved subject to receiving Provincial subsidies. LOST Resolution #184/93 Moved by Councillor Brenner Seconded by Councillor Johnson WHEREAS by agreement dated June 14, 1977, the Municipality of Metro Toronto entered into a contract with the Township of Pickering referencing agreement dated February 19, 1970 as part of same and; WHEREAS condition #10 which formed part of same agreement states "Obtain the approval of plans by the Township and Metropolitan Toronto and Region Conservation Authority prior to commencement of filling above any levels that may be affected by the plan for final contours" and; 8 WHEREAS research conducted by Professor Price and Bryan on behalf of P.A.C.T. has confirmed that the design contours for the Brock West Landfill site has been exceeded by one million cubic yards and; WHEREAS by letter dated August 31, 1992 the Ministry of the Environment indicated that it was aware that Metro Toronto has been overbuilding on the side slopes to allow the Brock West Site to settle down to the approved final contours and; 15/93 134 Resolution #184/93 - continued WHEREAS provisional certificate #A390402 dated June 28, 1985 references as a condition of same schedule "A" #1 the report on "Liverpool Road Landfill Site" dated December 14, 1972 and; 8 WHEREAS in the report on Liverpool Road Landfill site dated December 14, 1972 the maximum projected tonnage was set at 8.25 million and later increased to 15.6 million in 1984 and; WHEREAS Metro Toronto has amount of 22 million; reported an actual tonnage in the NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Pickering seek an immediate injunction to close the Brock West Landfill Site on the basis of a breach of contract as dated June 14, 1977 and a breach of certificate of approval A390402 as dated June 27, 1985 and; THAT the Corporation of the Town of Pickering commence immediate action to seek compensation for 7 million tons of garbage which is in excess of all agreed upon limits. LOST Recorded Vote: Yes: No: Councillors Brenner, Johnson and Pistritto Councillors Higdon, Van Kempen, Wellman Arthurs and Mayor 8 Resolution #185/93 Moved by Councillor Van Kempen Seconded by Councillor Higdon THAT the privileged and confidential legal opinion dated July 22, 1993 from Osler, Hoskin & Harcourt (C.W. Daniel Kirby) respecting the Notice of Motion proposing that, a) the Town of Pickering seek an immediate injunction to close the Brock West Landfill Site (the "Site") on the basis of a breach of contract dated June 14, 1977 and a breach of certificate of approval A390402 dated June 27, 1985; and b) the Town of Pickering commence immediate action to seek compensation for 7 million tons of garbage which is in excess of all agreed upon limits, be received; and THAT the recommendations contained within that opinion, namely: a) legal proceedings should not be commenced prior to the authoritative determination of key facts such as the current volume and contours of the Site, the degree to which either or both the approved volume and contours have been exceeded, and whether .the Ministry of the Environment and Energy (the "Ministry") will permit the Municipality of Metropolitan Toronto (Metro" ) to exceed both the approved capacity and contours in anticipation of future settlement; 8 15/93 135 Resolution #185/93 - continued b) the Ministry's position respecting whether or not it will permit overbuilding of the Site beyond its approved capacity should be ascertained in writing, together with further clarification and documentation respecting the Ministry's interpretation of the approved capacity; 8 c) the Ministry's and Metro's conduct respecting the Site should be monitored; d) the Town's concerns respecting the overbuilding of the Site beyond its approved capacity should be placed on the record; and e) all communication with the Ministry respecting this matter should be had with the Minister of the Environment and Energy, be endorsed; and THAT the Town Solicitor be directed to report back to Council respecting the implementation of the recommendations set out in (2), above, and any results therefrom, at the Council Meeting scheduled for October 18, 1993.; or sooner; and That the Solicitor for the Town be authorized to consult with the Solicitor for PACT on this matter. CARRIED Recorded Vote: 8 Yes: Councillors Brenner, Higdon, Wellman and Mayor Arthurs Councillor Johnson Pistritto, Van Kempen, No: (IV) BY-LAWS Councillor Wellman seconded by Councillor Higdon moved for leave to introduce by-laws of the Town of Pickering: Bv-Iaw Number 4290/93 Being a by-law to regulate smoking in Indoor public places. Bv-Iaw Number 4291/93 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 18, Concession 8, Town of Pickering (A 16/91) Bv-Iaw Number 4292/93 8 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 18, Concession 8, Town of Pickering (A 16/91) 15/93 136 (IV) BY-LAWS - continued Bv-law Number 4293/93 Being a by-law to adopt Amendment No. 81 to the District Plan for the Town of Pickering (OPA 92-009/P) Bv-law Number 4294/93 8 Being a by-law to authorize the execution of a Reciprocal Use of Facilities Agreement between The Durham Board of Education and the Town. Bv-law Number 4295/93 Being a by-law to authorize the acquisition of an easement for erosion control purposes over Part Lot 14, Concession 5, Pickering (Part 1, Plan 40R- ) from the Municipality of Metropolitan Toronto and the execution of the Transfer of Easement necessary to effect such acquisition. Bv-law Number 4296/93 Being a by-law to authorize the execution of an Agreement to amend the Subdivision Agreement respecting the development of Blocks 12 and 13, Plan 40M-1590, Pickering (Sandbury Building Corporation, 18T-86064); Highbush-Rougemount Centre Inc./Woodlands-Rougemount Centre Inc., LD 12/93; Nicholson, LD 13/93) Bv-law Number 4297/93 8 Being a by-law to authorize the execution of a Concession Licence Agreement between The Corporation of the Town of Pickering and Pickering Hockey Association Incorporated respecting Pickering Recreation Complex Snack Bar Concessions, from September 1, 1993 to August 31, 1996. By-law Number 4298/93 Being a by-law to authorize the execution of a Licence Agreement between Gay Liddell and Robert Liddell, carrying on business as "The Turning Point" and The Corporation of the Town of Pickering respecting the operation of the pottery studio at the Pickering Recreation Complex from September 7, 1993 to September 6, 1995. Bv-law Number 4299/93 Being a by-law to amend By-law 3768/91, - which By-law amended Restr icted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham, in Part of Lot 28, Range 3, B.F.C., in the Town of Pickering. (A 16/93) Bv-law Number 4300/93 Being a by-law to assume Escott Court, Lynn Heights Crescent, in Plans 40M-1350 use as public highways under Benton Crescent, Colonial Street, Drive, Maury Crescent and Sherman and 40M-1375, Pickering, for public the jurisdiction of the Town. 8 Bv-law Number 4301/93 Being a by-law to assume services under the jurisdiction of the Town in Plans 40M~1350 and 40M-1375, Pickering. Bv-law Number 4302/93 Being a by-law to authorize the execution of a Release and Discharge of the Subdivision Agreement respecting Plans 40M-1350 and 40M-1375, Pickering. 15/93 137 (IV) BY-LAWS - continued By-law Number 4303/93 Being a by-law to repeal Part Lot Control By-laws 2219/86, 2250/86, 2269/86, 2268/86, 2270/86 and 2264/86 in Plans 40M-1350 and 40M-1375, Pickering. By-law Number 4304/93 8 Being a by-law to amend By-law 2359/87 regulating parking, standing and stopping on highways and on private and municipal property on Benton Crescent, Colonial Street, Escott Court, Lynn Heights Drive, Maury Crescent and Sherman Crescent. By-law Number 4305/93 Being a by-law to amend By-law 55/74 prohibiting heavy traffic on Lynn Heights Drive and Colonial Street. By-law Number 4306/93 Being a by-law to amend By-law 1416/82 providing regulation and licensing of places of amusement on Crescent, Colonial Street, Escott Court, Lynn Heights Maury Crescent and Sherman Crescent. for the Benton Drive, By-law Number 4307/93 Being a by-law to name highways or portions of highways within the jurisdiction of the Town to which the reduced load period designation applies and to repeal By-law 3961/92. By-law Number 4308/93 8 Being a by-law to appoint a Fencviewer. THIRD READING Councillor Wellman, seconded by Councillor Higdon moved that the report of the Committee of the Whole on By-law Numbers 4291/93, 4292/93, 4293/93, 4294/93, 4295/93, 4296/93, 4297/93, 4298/93, 4300/93, 4301/93, 4302/93, 4303/93, 4304/93, 4305/93, 4306/93, 4307/93, 4308/93 and 4309/93 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 Resolution #186/93 Moved by Councillor Higdon Seconded by Councillor Brenner That By-law 4290/93 be deferred until the first Council Meeting in September. 8 CARRIED {V) 1. 2. 8 3. 8 {VI) 15/93 138 OTHER BUSINESS Councillor Johnson advised that construction will be commencing at Brock Road and Taunton Road. Councillor Johnson directed the Town Clerk to request that the Goodwill Trailer situated in the plaza at 1725 Kingston Road be relocated. The following matters were regular meeting: considered prior to the a) The Acting Town Manager reported that, according to the Social Contract, approximately $721,000 per year for the next three years must be saved. b) The Acting Town Manager suggested approval of his recommendations concerning the Brock West Landfill Site. c) The Acting Town Manager recommendations concerning the By-law. outlined the Draft Smoking d) The Acting Town Manager outlined the costs associated with the Landfill Site Search and also advised that the IWA will be announcing the preferred site by the end of September. e) The Acting Town Manager requested approval of an over-expenditure of $162,000.00 for Tender T-5-93. f) The Acting Town Manager advised pre-hearing concerning the Altona Forest on August 4th and that the hearing will on March 28, 1994 for six weeks. that a was held commence g) The Acting Town Manager advised that negotiations between the Town of Pickering and the Pickering Harbour Company are proceeding well and that a presentation to Council will be made on September 20th, 1993 at 4 p.m. h) Mayor Arthurs sugge~ted that, if Council concurs, the item concerning Canada Compost be handled at the staff level at this time. CONFIRMATION BY-LAW By-law Number 4310/93 Councillor Brenner, seconded by Councillor Wellman 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 4th day of August, 1993 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. 8 CARRIED (VII) 8 Dated 8 8 15/93 139 ADJOURNMENT . The Meeting adjourned at 4:15 a.m. ~¿~v~ - - - = ~ - -2..