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HomeMy WebLinkAboutOctober 5, 1992 23/92 147 COUNCIL IfINUTES A Ifeeting of the Pickering Town Council was held on Monday, October 5, 1992 at 7:30 p.m. PRESENT: Mayor W. Arthurs e COUNCILLORS : If. Brenner R. Johnson E. Pistritto K. Van Kempen D. Wellman ALSO PRESENT: N.C. Marshall B. Taylor N. Carroll D. Kearns - Town Manager - Town Clerk - Director of Planning - Administrative Assistant ABSENT: E. Higdon - (Ill) (I) ADOPTION OF IfINUTES e Special Council of September 14, 1992. Regular meeting of September 21, 1992. (II) DELEGATIONS 1. Lloyd Thomas and David Strain, representing P.A.C.T. addressed Council with respect to its endorsation of the resolution of the Region of Durham regarding options for waste management. They stated that P.A.C.T. believes that this resolution is too narrow, looking at only three issues, exporting, incineration and energy from waste and they would like to see it broadened. It was suggested that Council not get back into a situation with Metro, that a long term site be found within Durham to look after Durham's garbage. They feel the hosting municipality should be in charge of soil and air testing and finances. 2. Morris Orzech, Solicitor, representing Ken Hollinger addressed Council with respect to the draft plan of subdivision submitted by Cougs Investments in the Rosebank community. He stated that Mr. Hollinger owns the property adjacent to Cougs subdivision and that Mr. Hollinger is very upset with the correspondence distributed to residents concerning the holding back of this subdivision agreement. He stated that there is a jog in the planned permanent road to Toynevale that he does not want but will approve if an agreement could be reached with Cougs Investments. It was stated that meetings have been held between Mr. Hollinger and Cougs Investments but they could not come to an agreement. Mr. Hollinger agrees with the Planning recommendation that the proper access should be through his property. e 23/92 148 fII) DELBGA!l'IONS - continued 3. Robert Muldoon, 554 Rougemount Drive addressed Council with respect to the draft plan of subdivision submitted by Cougs Investments in the Rosebank community. He stated that his property backs onto the proposed subdivision and that he is against the request to increase the lot coverage from 33% to 38%. He stated that the increased lot coverage would cause the new homes to be eight feet to ten feet closer to abutting properties. He requested that Council not pass this amendmen t . 8 Mr. Muldoon also stated his concern with respect to the temporary exit onto Rougemount Drive. He feels there is a considerable amount of traffic now and that Rougemount Drive is not in a condition to handle more. He questioned the length of time this would be a temporary access and stated his fear that it would become permanent. He also asked Council to consider the neighbours immediately north of this temporary road. He is concerned for their privacy, as the sun room attached to their garage is only three inches from the roadside. (III) RESOLUTIONS Resolution #153/92 - See Appendix #1 Moved by Councillor Johnson Seconded by Councillor Wellman 8 That the Report of the Executive Committee Meeting of September 28, 1992, be adopted with the following amendments: Item #1 was amended to provide for a clause in the subdivision agreement t;hat; all sales agreements will provide a warning that the ent;rance t;o t;he development; is a t;emporary road and will be removed when the permanent access is inst;alled. It;em #1, as amended, was deferred for t;wo weeks. It;ems #2 and #3 were deferred for t;wo weeks. CARRIED Council considered t;he following motions Execut;ive Commit;t;ee Report: in conjunct;ion wit;h the Resolution #154/92 Moved by Councillor Van Kempen Seconded by Councillor Pist;ritt;o That; an amendment be added to It;em #1 delet;ing Lot;s 1 - 3 and 20 - 22 from t;he draft plan ensuring that; permanent arrangement;s are secured t;o connect; St;reet; "AN t;o Toynevale Road. LOST -8 Recorded Vot;e: Yes: No: Absent;: Councillors Pistritto, Van Kempen Councillors Brenner, Johnson, Wellman and Mayor Arthurs Councillor Higdon 23/92 148 (II) DELEGATIONS - continued 3. Robert Muldoon, 554 Rougemount Drive addressed Council with respect to the draft plan of subdivision submitted by Cougs Investments in the Rosebank community. He stated that his property backs onto the proposed subdivision and that he is against the request to increase the lot coverage from 33% to 38%. He stated that the increased lot coverage would cause the new homes to be eight feet to ten feet closer to abutting properties. He requested that Council not pass this amendment. -- Mr. Muldoon also stated his concern with respect to the temporary exit onto Rougemount Drive. He feels there is a considerable amount of traffic now and that Rougemount Drive is not in a condition to handle more. He questioned the length of time this would be a temporary access and stated his fear that it would become permanent. He also asked Council to consider the neighbours immediately north of this temporary road. He is concerned for their privacy, as the sun room attached to their garage is only three inches from the roadside. (III) RESOLUTIONS Resolution #153/92 Moved by Councillor Johnson Seconded by Councillor Wellman 8 That the Report of the Executive Committee Meeting of September 28, 1992, be adopted with the following amendments: Item #1 was amended to provide for a clause in the subdivision agreement that all sales agreements will provide a warning that the entrance to the development is a temporary road and will be removed when the permanent access is installed. Item #1, as amended, was deferred for two weeks. Items #2 and #3 were deferred for two weeks. CARRIED Council considered the following motions Executive Committee Report: in conjunction with the Resolution #154/92 Moved by Councillor Van Kempen Seconded by Councillor Pistritto That an amendment be added to Item #1 deleting Lots 1 - 3 and 20 - 22 from the draft plan ensuring that permanent arrangements are secured to connect Street "A" to Toyneva1e Road. LOST 8 Recorded Vote: Yes: No: Absent: Councillors Pistritto, Van Kempen Councillors Brenner, Johnson, Wellman and Mayor Arthurs Councillor Higdon 23/92 149 Resolu~ion #155/92 Moved by Councillor Brenner Seconded by Councillor Wellman That Item #1 be amended to provide for a clause in the subdivision Agreement that all sales agreements will provide a warning that the entrance to the development is a temporary road and will be removed when the permanent access is installed. 8 CARRIED Recorded Vote: Yes: Councillors Brenner, Johnson, Wellman and Mayor Arthurs Councillor Higdon Pistritto, Van Kempen, Absent: Resolu~ion #156/92 Moved by Councillor Pistritto Seconded by Councillor Van Kempen That Items #1 as amended be deferred for two weeks and items #2 and #3 be deferred for two weeks. CARRIED Recorded Vote: Yes: No: Absent: Councillor Brenner, Pistritto, Van Kempen and Wellman Councillors Johnson and Mayor Arthurs. Councillor Higdon 8 Recorded Vote on Item #5: Yes: Coundillors Johnson, Mayor Arthurs Councillor Brenner Councillor Higdon Pistritto, Van Kempen, Wellman and No: Absent: Resolu~ion #157/92 Moved by Councillor Johnson Seconded by Councillor Wellman That Tender No. T-19-92 submitted by PARTAK amount of $3,059,000.00 be approved; and LIMITED in the that the total project cost of: Contingency Allowance Consulting Fees and Disbursements Allowance $ 150,000.00 226,000.00 $3,435,000.00 PLUS 3% G.S.T. Site Preparation 103,050.00 11,784.00 $3,549,834.00 8 be approved; and continued 23/92 150 Resolu~ion #157192 - con~inued that an additional contribution of $249,834.00 be made from the Community Facilities Reserve Fund G/L 4225 to finance this project; and that Moffat Kinoshita Associates Incorporated be retained as construction and site inspection consultants for this project. - CARRIED Recorded Vo~e: Yes: Councillors Brenner, Mayor Arthurs Councillor Van Kempen Councillor Higdon Johnson, Pistritto, Wellman and No: Absent: Resolu~ion #158192 Moved by Councillor Van Kempen Seconded by Councillor Wellman That the Town Clerk be directed to prepare a by-law to provide for a pedestrian crosswalk on Glenanna Road at Walnut Lane; and that the cost of this project of approximately $20,000 be charged to Account 2320-6181 (Roads Capital Other Fixed Assets); and that the proposed pedestrian crosswalk at Valley Farm Road and Fieldlight Boulevard be installed prior to this crosswalk. 8 CARRIED Resolu~ion #159192 Moved by Councillor Van Kempen Seconded by Councillor Wellman That the Town Clerk be directed to prepare a by-law to provide for a three-way stop at the intersection of Tatra Drive and Modlin Road and a four-way stop at the intersection of Spruce Hill Road and Strouds Lane. CARRIED Resolu~ion #160192 Moved by Councillor Van Kempen Seconded by Councillor Brenner 8 WHEREAS the Council of the Corporation of the Town of Pickering by resolution dated December 17, 1990 referred the Altona Forest Environmental Management Study to the Minister of the Environment to: 1. review and comment with respect to environmental issues within the Forest area as they relate to the Greenlands Strategy Report and the Watershed Report, 23/92 151 Resolu~ion #160/92 - con~inued 2. review and comment on the overall contex~ of Provincial in~erest as it may rela~e within the Altona Forest, 3. comment on ~he suitability of an environmental assessmen~ process as it applies to the study area, and 8 4. suggest options that may be available to the Town for ~he acquisition or management, or both, of any forest lands to be preserved or conserved, and WHEREAS by resolution dated May 4, 1992, Council directed that the Altona Fores~ issue be considered at its regular meeting of September 21, 1992 and that the Premier be encouraged to state the Province's interest in the Altona Forest by that date; and WHEREAS by letter dated June 11, 1992, the Premier responded that the Minister of the Environment was still considering a designation under the Environmental Assessment Act and that the Minister of Municipal Affairs was still considering an expression of Provincial Interest; and WHEREAS Council passed By-law Number 4079/92 at its regular meeting of September 21, 1992 to adopt Official Plan Amendment No. 79 which will provide for development in the Altona Forest; and WHEREAS it is recognized that any major development in the Altona Forest will compromise the sensitive ecological balance of the Forest; 8 Now Therefore the Council of the Corporation of the Town of Pickering hereby requests the Minister of Natural Resources, Dale Martin the Provincial Facilitator and other interested Ministries to investigate the feasibility of a land swap of Provincial lands to preserve an urban forest component as designated in Official Plan Amendment #79 as approved by Council on September 21, 1992 with the major landowners in the Altona Forest. LOST Council considered the following motions in conjunction with the above resolution: Resolu~ion #161/92 Moved by Councillor Wellman Seconded by Councillor Johnson That the above motion regarding the Altona Forest be amended by adding the following words in the last paragraph "to preserve an urban forest component as designated in Official Plan Amendment #79 as approved by Council on september 21, 1992". CARRIED 8 Recorded Vote: Yes: Councillors Johnson, Pistritto, Arthurs Councillors Brenner and Van Kempen Councillor Higdon Wellman and Mayor No: Absent: 23/92 152 Resolu~ion #162192 Moved by Councillor Brenner Seconded by Councillor Van Kempen That the last paragraph be further amended by adding the words "to also include all lands in the MTRCA report" LOST 8 Recorded Vo~e: Yes: Councillors Brenner and Van Kempen Councillors Johnson, Pistritto, Wellman Arthurs Councillor Higdon and Mayor No: Absent: Recorded Vo~e on Resolution As Amended: Yes: Councillors Brenner and Van Kempen Councillors Johnson, Pistritto, Wellman Arthurs and Mayor No: (IV) BY-LAWS Councillor Wellman, seconded by Councillor Van Kempen, moved for leave to introduce by-laws of the Town of Pickering: By-law Number 4091/92 8 Being a by-law to amend Restricted Area (Zoning) By-law 3036, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lot 24, Concession 2, known as Parts 1, 3 & 10 - 13, Plan 40R-5723 and Block 38, Plan 40M-1203, in the Town of Pickering. (A 3/91) By-law Number 4092/92 Being a by-law to authorize the execution of a Subdivision Agreement and related documentation respecting the development of Part Lot 33, Concession 1, Pickering (Garthwood Homes Limited; 18T-84018 (Phase 3, South)). By-law Number 4093/92 Being a by-law to authorize the execution of a Agreement and related documentation respecting the of Part Lot 33, Concession 1, Pickering (Keleck (Pickering) Inc.; 18T-84018 (Phase 3, North)). Subdivision development Investments By-law Number 4094/92 Being a by-law to dedicate that part of Lot 8, Pickering, designated as Part 25, Plan 40R-11207, highway (Oakburn Street; LD 46/92), Plan 282, as public By-law Number 4095/92 - Two Readinas Only 8 Being a by-law to stop-up and close Penny Lane, Plan M-997, Pickering, as public highway and to authorize the sale of parts thereof and of Block XH, Plan M-997, Pickering, to the abutting owners. 23/92 153 THIRD READING Councillor Wellman, seconded by Councillor Van Kempen, moved that the report of the .Committee of the Whole on By-law Numbers 4091/92, 4092/92, 4093/92 and 4094/92 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. 8 CARRIED (V) OTHER BUSINESS 1. Councillor Johnson reported on fund raising events which have taken place within the Town of Pickering. 2. Councillor Brenner requested from Mr. Marshall, Town Manager a copy of a written policy that stipulates the hiring of residents of Pickering. 3. Councillor monitoring Department Committee Committee. Brenner asked about the feasibility of a report to be prepared by the Planning on a monthly basis, with respect to the of Adjustment and the Land Division 4. Mayor Arthurs reported that Elizabeth resigned from the Public Library Board. Dickens has 5. Council agreed to cancel the Executive Committee Meeting of October 26, 1992 because of the National Referendum. 8 6. Resolution #163192 Moved by Councillor Johnson Seconded by Councillor Brenner That the request of Jacqueline Routh on behalf of the Real Estate Brokers and Salespeople of Pickering/Ajax for a waiver of the hall rental fee of the Recreation Complex on October 31, 1992 to raise funds for sexually abused children or battered women be approved; and that the rental fee of $1,200.00 be charged to Account 2195 (Grants to Organizations and Individuals); and that this waiver of the hall considered a one time grant only. rental fee be CARRIED (VI) CONFIRlIATION BY-LAfl 8 Bv-law Number 4096/92 Councillor Van Kempen, 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 5th day of October, 1992 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 (VII) 8 Dated 8 8 ADJOURNMENT. 154 23/92 The Meeting adjourned at 10:30 p.m. October 19th 1992 c:::4~~ Mayor ,~ -- ',", ,::../// ~ "<~- APPENDIX #1 7.'OWlI OF PICKERING That the Executive Committee of the Town of Pickering having met on September 28, 1992, presents its fourteenth report to Council and recommends: 1. DRAFT PLAN OF SUBDIVISION 18T-91018 ZONING BY-LAW AMENDMENT APPLICATION COUGS INVESTMENTS (PICKERING) LTD. PART OF LOTS 1 TO 8, PLAN 395 AND PART OF LOT 34, PLAN 350 FILE NUMBER - B 4100 - 18T-91018 FILE NUMBER - B 2310 - A 19/91 A 19/91 8 That Town Council recommend1that Draft Plan of Subdi vision 18T- 91018, submi t ted by Cougs Investmen ts (Pickering) Ltd., on lands being Part of Lots 1 to 8, Plan 395, and Part of Lot 34, Plan 350, Town of Pickering, be APPROVED, AS REVISED, subject to the following conditions: 1. That this recommendation apply to the draft plan of subdivision prepared by Design Plan Services Inc. dated Nov. 18/91 and referred to as Drawing Number B-8903-2 including 22 lots for detached dwellings along an internal roadway. 2. That temporary access to Rougemount Drive from the Plan be permitted through Lot 19 of the draft plan and Part Lot 4, Plan 395 providing the Region of Durham and the Town of Pickering are satisfied that such access is temporary and that residential homes can be constructed on the two lots comprising the temporary access once permanent arrangements are secured to connect Street "A" to Toynevale Road. 8 3. That prior to the registration of the plan the owner enter into a subdivision agreement with and to the satisfaction of the Town which shall include, but not necessarily be limited to the following: (a) That the owner satisfy the Public Works respecting a drainage and management system all the lands in the subdivision; Director of stormwater to service (b) That the owner submit a detailed Stormwater Management Report that describes and explains specific stormwater control methods and detailed grading methods necessary to ensure the implementation of (a) and to ensure that the required restrictions on the flows can be implemented; (c) That the owner prepare and submit a Grading Control Plan and any other drainage information required to the satisfaction of the Town with special emphasis on tree preservation and minimizing lot grading; 8 8 8 8 14/92 2 (d) Tha t the owner sa tisfy the Town's Director of Public Works with respect to any roadway, storm sewer, drainage, street lighting, and soil information and facilities, as required; (e) That the owner construct a cul-de-sac at the southern terminus of Street HAlf within the draft plan to the satisfaction of the Director of Public Works; (f) That the owner make satisfactory arrangements regarding the provision of all services required by the Town; (g) That the owner construct a sidewalk along the east side of the proposed internal road; (h) That the owner construct, at his own expense and to the satisfaction of the Town, a 1.B-metre high wood screen privacy fence along the rear property line of lots 9 - 12 where the rear lot lines fall along the southern limit of the plan only. 4. That the owner make satisfactory arrangements with the appropriate authorities regarding the provision of underground wiring, street lighting, cable television and other similar services. 5. That the owner dedicate all the Town. road allowances to 6. That the owner convey to the Town any easements as required. 7. That the street within the draft plan be named to the satisfaction of the Town and the Region and be dedicated as public highway under the jurisdiction of the Town upon the registration of the plan. B. That prior to the issuance of any building permit for the construction of a residential unit on the lands, the owner submit to the Director of Planning, for approval: (a) an architectural statement outlining but not limited to proposed house material, siting, and design objectives for the subdivision; (b) an architectural statement that addresses the details of driveway design and garage sizes and locations within the cul-de-sac; (c) site plans, architectural unit. streetscape elevations, and drawings for each (typical) 9. That the owner submit a detailed tree preservation program to the satisfaction of the Town and agree that no trees be removed until such time as this program has been approved by the Town except as authorized by the Director of Community Services and Facilities. 14/92 3 10. That the owner submit a tree planting program to the satisfaction of the Town. 11. That the owner make satisfactory arrangements with the Town regarding the removal or retention of all structures on the subject property. 12. That prior to the forwarding of an implementing zoning by-law to Town Council the owner submit a Draft 40M-Plan to be approved by the Town Planning Department. 8 13. That the owner make satisfactory arrangements with the Town regarding the required parkland dedication. 14. That the subdivision lands be maintained to the satisfaction of the Town until such time as they are developed. DEFERRED FOR TWO WEEKS 2. DRAFT PLAN OF SUBDIVISION 18T-91018 ZONING BY-LAW AMENDMENT APPLICATION COUGS INVESTMENTS (PICKERING) LTD. PART OF LOTS 1 TO 8, PLAN 395 AND PART OF LOT 34, PLAN 350 FILE NUMBER - B 4100 - 18T-91018 FILE NUMBER - B 2310 - A 19/91 A 19/91 8 That Zoning By-law Amendment Application A 19/91 submitted by Cougs Investments (Pickering) Ltd., on lands being Part of Lots 1 to 8, Plan 395, and Part of Lot 34, Plan 350, Town of Pickering, be APPROVED subject to the conditions outlined in Appendix II to Town Recommendation Report No. 17/92, to implement development as p~oposed by the Town-Recommended Draft Plan of Subdivision 18T-91018. DEFERRED FOR TWO WEEKS 3. DRAFT PLAN OF SUBDIVISION 18T-91018 ZONING BY-LAW AMENDMENT APPLICATION COUGS INVESTMENTS (PICKERING) LTD. PART OF LOTS 1 TO 8, PLAN 395 AND PART OF LOT 34, PLAN 350 FILE NUMBER - B 4100 - 18T-91018 FILE NUMBER - B 2310 - A 19/91 A 19/91 That Town Council adopt Fairport Community Development Plan as set Town Recommendation Report Amendment No.4 to the Rosebank Neighbourhood out in Appendix No. III to No. 17/92. 8 DEFERRED FOR TWO WEEKS 14/92 4 4. MTRCA - "VALLEY AND STREAH CORRIDOR MANAGEMENT PROGRAM" (APRIL 1992) AND "REVIEW OF POLICIES FOR PUBLIC USE OF CONSERVATION LANDS" (MARCH 1992) FILE NUMBER - B 1000 8 That Council endorse Planning Report No. 6/92 as the Town's comments on the two reports entitled "Valley and Stream Corridor Management Program" and "Review of Policies for the Public Use of Conservation Lands" prepared by the MTRCA and that the Town Clerk be requested to forward a copy of Planning Report No. 6/92 to the MTRCA. 5. OPTIONS FOR WASTE MANAGEMENT FILE NUMBER AND A 2310.15 That the Council of the corporation of the Town of Pickering hereby endorses the following resolution of the Council of the Regional Municipality of Durham passed on July 22, 1992: "Whereas, the Ontario Minister of the Environment has chosen not to examine the incineration of municipal solid waste, nor the export option as a means of municipal solid waste management in the Greater Toronto Area (GTA): 8 Be It Resolved That the Region of Durham request the Minister of the Environment to expand the mandate of the Interim Waste Authority and require the IWA to examine the incineration, energy from waste and the export option as part of an integrated waste management system for the Greater Toronto Area in order that all options for waste management are considered; and That a copy of Regional Councils in the GTA and to Ontario (AHO)." this resolution be forwarded to and Councils of Area Municipalities the Association of Municipalities of 6. "DOROTHY CARD TRUST FOR THE ELDERLY" FILE NUMBER - C 1000 That the Council of the Corporation of the Town of Pickering hereby: a) accepts a gift from the late Dorothy Edith Card of a sum of money to establish a fund for the care and upkeep of the destitute elderly; b) to authorize and direct the Town Clerk and the Town Solicitor, in conjunction with the Social Services Department of the Regional Municipality of Durham. 8 continued 14/92 5 6. (1 ) to identify the purposes from the fund may be made, to which grants (2 ) to develop criteria for determining eligibility for grants from the fund, and (3 ) to report those purposes and criteria Council on or before December 21, 1992; to 8 and c) establishes The Dorothy Card Trust Elderly, effective January 1, 1993. for the 7. TENDER FOR ASPHALT PAVEMENT REPAIRS - 1992 TENDER NO. T-18-92 FILE NUMBER - C 4300 That Tender No. T-18-92, submitted by D. Crupi & Sons Limited for asphalt pavement repairs 1992 in the amount of $106,324.83 be approved 8. MEMORANDUM OF SETTLEMENT PICKERING PROFESSIONAL FIREFIGHTERS ASSOCIATION FILE NUMBER - A 4000 8 That the Memorandum of Settlement with the Pickering Professional Firefighters Association be accepted. 8