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HomeMy WebLinkAboutApril 25, 2022 Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt C. Doody-Hamilton B. McLean D. Pickles Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor S. Douglas-Murray - Director, Community Services B. Duffield - Director, Operations J. Eddy - Director, Human Resources J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk C. Rose - Chief Planner K. Thompson - Manager, Municipal Law Enforcement Services D. Wylie - Manager, Zoning & Administration T. Qureshi - Senior Project Manager, Special Projects R. Perera - Deputy Clerk L. Arshad - Senior Economic Development Officer T. Javed - Economic Development & Strategic Projects Associate 1. Roll Call The City Clerk certified that all Members of Council were present, and participating in- person. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Mayor Ryan read the Indigenous Land Acknowledgment Statement. Mayor Ryan, as Chair, asked for Council’s indulgence and made an announcement pertaining to his decision to retire from municipal politics. Mayor Ryan spoke of his time as an elected official for the City of Pickering and announced that he would not be seeking re-election in the 2022 City of Pickering Municipal Election. 4. Disclosure of Interest No disclosures of interest were noted. 5. Adoption of Minutes Resolution #864/22 Moved by Councillor Ashe Seconded by Councillor Brenner Council Minutes, March 28, 2022 Executive Committee Minutes, April 4, 2022 Special Council Minutes, April 4, 2022 Planning & Development Committee Minutes, April 4, 2022 Carried 6. Presentations There were no presentations. 7. Delegations 7.1 Artur Gevorgyan Re: The City’s Obligation to Defend the Decisions of the Committee of Adjustment to the OLT with Legal Counsel Artur Gevorgyan, Pickering Resident, joined the hybrid electronic meeting via audio connection to speak to the lack of representation by the City at OLT hearings in defending its own decisions on planning matters. Mr. Gevorgyan spoke to a recent appeal of a development application, which was opposed by the Community and refused by the Committee of Adjustment, where City representation was not provided at the OLT appeal hearing. He added that in such instances the community is left to defend itself against legal professionals and stated that the City should be obligated to defend Committee of Adjustment decisions at OLT hearings. 7.2 Artur Gevorgyan Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Re: Intensification on Kingston Road Artur Gevorgyan, Pickering Resident, joined the hybrid electronic meeting via audio connection and spoke to concerns regarding the intensification on Kingston Road, adding that residents were concerned that the city would turn into the City of Mississauga. He spoke to the maximum height and di stinction of the Rougemount precinct as indicated in Report PLN 41-21, and questioned whether new development in and near Bruno’s plaza was in accordance with these City policies. Mr. Gevorgyan concluded his delegation by expressing his support for reasonable, low to mid rise development in the City. 7.3 David McKay, MHBC Planning, Urban Design & Landscape Architecture Re: Report PLN 21-22 Two-year Period Exemption Request for Minor Variance A pplication P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street David McKay, MHBC Planning, Urban Design & Landscape Architecture, joined the hybrid electronic meeting via audio connection to speak to Report PLN 21-22. Mr. McKay noted that his client had been working with the City to address comments and concerns of their tenants, specifically to allow an outdoor storage component for a Federal tenant. Mr. McKay added that the requested outdoor storage area would include fencing and landscaping and asked Council’s support for the exemption. A brief question and answer period ensued between Members of Council and Mr. McKay regarding w hether there was a timeline to having the approvals in place. 7.4 Mike Borie Re: Report PLN 20-22 Envision Durham – Growth Management Study - Alternative Land Need Scenarios Summary Report Mike Borie, Pickering Resident, joined the hybrid electronic meeting via audio connection to speak to Report PLN 20-22. Mr. Borie spoke to the consultation process undertaken by the Region to arrive at five scenarios and raised concerns regarding the City’s modified scenario choice, adding that the modified scenario had not been analyzed. He discussed a previous OMB decision regarding the urbanization of Carruthers Creek Headwaters resulting in the creation of preconditions to urbanizing the Carruthers Headwaters being added into the Regional Official Plan. He further spoke to the development rate in Seaton stating that the urbanization of the Carruthers Creek Headwaters was premature and did not meet the Regional Official Plan as Seaton may not be built out before 2051. Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm He discussed a report by the Toronto Region Conservation Authority (TRCA) on Carruthers Creek stating t hat the watershed was at the limit of urbanization with further urbanization resulting in possible damage to the watershed. Mr. Borie also discussed a petition requesting that the Carruthers Creek Headwaters be included in the greenbelt and raised concerns regarding money spent on studies by the City that should not have been spent or done. He concluded his delegation by asking Council to support Scenario five as supported by numerous Ontario environmental groups. A brief question and answer period ensued between Members of Council and Mr. Borie regarding the responses from other Durham municipalities on the land needs scenario. 8. Correspondence 8.1 Corr. 18.22 The Ontario Land Tribunal (OLT) Re: OLT Decision on Wiltshire Eccleston Development Inc. v. Pickering (City) - 1383 Rougemount Drive Resolution #865/22 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 18-22, from The Ontario Land Tribunal, dated April 5, 2022, regarding the OLT Decision on Wiltshire Eccleston Development Inc. v. Pickering (City) - 1383 Rougemount Drive, be received and referred to Agenda Item 12.1, Abolishment of Committee of Adjustment. Carried 8.2 Corr. 19-22 Tracey Atkinson, CAO/Clerk/Planner, The Township of Mulmur Re: More Homes for Everyone Act Resolution #866/22 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Corr. 19-22, from Tracey Atkinson, CAO/Clerk/Planner, The Township of Mulmur, dated April 12, 2022, regarding the More Homes for Everyone Act, be received and endorsed; and, Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, and all Durham MPP’s. Carried 9. Report EC 04-22 of the Executive Committee held on April 4, 2022 9.2 Director, Engineering Services, Report ENG 07-22 Amendments to the Traffic and Parking By-law 6604/05 - Proposed Change to Existing Stopping Restrictions, Amberlea Road and Highview Road Council Decision: 1. That the attached draft by-law be enacted to amend Schedule "1", No Stopping, to By-law 6604/05 to provide for the regulation of stopping restrictions on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering, specifically to modify the hours of the stopping restrictions on Amberlea Road and Highview Road from 8:00 am to 4:00 pm, to 7:30 am to 4:30 pm to capture the existing school hours; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Director, Operations, Report OPS 09-22 Garbage Packer with Crane – Replacement Council Decision: 1. That Quotation Q2021-26 for the Supply & Delivery of One New Latest Model Year Side Load Garbage Packer with Crane submitted by NexGen Municipal Inc. in the amount of $236,255.14 (HST excluded) be accepted; 2. That the total gross project cost of $267,646.00 (HST included) and the total net project cost of $241,023.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project cost of $241,023.00, from the Vehicle Replacement reserve fund; 4. That the budget available in project C10305.2107.01 in the amount of $175,000.00 be increased to $241,023.00; and, Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Resolution #867/22 Moved by Councillor Ashe Seconded by Councillor Pickles That Report EC 04-22, save and except Item 9.1, Report ENG 03-22, of the Executive Committee Meeting held on April 4, 2022 be adopted. Carried 9.1 Director, Engineering Services, Report ENG 03-22 City Centre Transportation Master Plan Study - Request for Proposal No. RFP2021-7 A question and answer period ensued between Members of Council and staff regarding: • the financial implications of the Study and its funding sources; and, • concerns regarding closures and accidents on Highway 401 diverting traffic through residential roads. Resolution #868/22 Moved by Councillor Ashe Seconded by Councillor Pickles 1. That Proposal No. RFP2021-7, for Consulting Services for City Centre Transportation Master Plan Study; submitted by Paradigm Transportation Solutions Limited, in the amount of $290,636.00 (HST included) be accepted; 2. That the total gross project cost of $325,512.00 (HST included), including the RFP amount, and a contingency, and the total net project cost of $293,134.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $293,134.00 as follows: a. The sum of $263,820.00 as approved in the 2022 Current Budget to be funded by a transfer from the Development Charges Reserve Fund Studies; Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm b. The sum of $29,314.00 as approved in the 2022 Current Budget to be funded by Property Taxes; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10. Report PD 04-22 of the Planning & Development Committee held on April 4, 2022 10.1 Director, Corporate Services & City Solicitor, Report LEG 08-22 1185497 Ontario Limited – Plan of Subdivision 40M-1912 - Final Assumption of Plan of Subdivision - Lots 1 to 6, Plan 40M-1912 - Acorn La ne/Brock Road Council Decision: 1. That works and services required by the Subdivision Agreement within Plan 40M-1912, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and as sumed for maintenance; 2. That 1185497 Ontario Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 1912; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.2 Director, City Development & CBO, Report PLN 17-22 Zoning By-law Amendment Application A 11/21 Universal City Seven Developments Inc. Southwest corner of Sandy Beach Road and future Celebration Drive (Part of Lot 21, Concession 1, Now Part 3 40R-30834) Council Decision: 1. That Zoning By-law Amendment Application A 11/21, submitted by Universal City Seven Developments Inc., to permit a 37-storey residential condominium building with approximately 482 residential units at the southwest corner of Sandy Beach Road and future Celebration Drive be approved, and that the draft Zoning By-law Amendment, as set out in Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Appendix I to Report PLN 17-22, be finalized and forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 11/21, to amend City Centre Zoning By-law 7553/17, as amended, to remove the “H6” Holding Symbol on lands being Part of Lot 21, Concession 1, Now Part 3 40R-30834, as set out in Appendix II to Report PLN 17-22, be finalized and forwarded to Council for enactment; 3. That prior to issuing Site Plan Approval, Universal City Seven Developments Inc. shall satisfy the City with a letter from the H6 Landowners’ Group acknowledging that the Owner has either entered into the Universal City Infrastructure Agreement and Cost Sharing Agreement, or the Owner has satisfied all financial obligations under the said Universal City Infrastructure Agreement and Cost Sharing Agreement; and, 4. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of future site plan or building permit applications submitted by Universal City Seven Developments Inc., for the lands municipally know as Part of Lot 21, Concession 1, Now Part 3 40R-30834, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 10.3 Director, City Development & CBO, Report PLN 18-22 Envision Durham – Identifying a Regional Natural Heritage System - The Region of Durham Municipal Comprehensive Review Council Decision: That Council support the draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan and endorse staff’s comments contained in Report PLN 18-22. Resolution #869/22 Moved by Councillor Pickles Seconded by Councillor Ashe That Report PD 04-22, save and except Item 10.4, Report PLN 19-22, and Item 10.5, Report PLN 20-22, of the Planning & Development Committee Meeting held on April 4, 2022 be adopted. Carried Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 10.4 Director, City Development & CBO, Report PLN 19-22 Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy A question and answer period ensued between Members of Council and staff regarding: • clarification regarding the proposed amendments to sections 2.02, 2.06, and 3.01 of the draft Policy; • the draft policy enabling a Member of Council or the Chief Planner to request an in-camera meeting to consider an appeal of a Committee of Adjustment decision; • clarification of the current practice of staff which included requesting an in- camera meeting of Council to obtain direction on defending an appeal of a Council Decision before the OLT; • whether it was beneficial to seek external advice on planning appeals where staff’s recommendation was contradictory to Council’s decision; and, • amendments to the Policy addressing concerns raised at the April 4, 2022 Planning & Development Committee. Resolution #870/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the Appeals of Council Decisions on Planning Act Applications and Committee of Adjustment Decisions Policy, dated April 25, 2022, be approved as set out in Appendix I to Report PLN 19-22 save and except that: i. Section 02.02 be amended to read as follows: “Appeals of Council Decisions filed with the City Clerk will be sent by the City Clerk, or their designate, to the Director, City Development & CBO. Appeals of Committee of Adjustment Decisions filed with the Secretary-Treasurer will be sent by the Secretary-Treasurer, or their designate to the Director, City Development & CBO and to the Chair, Committee of Adjustment”; ii. Section 02.06 be amended to read as follows: “Upon receipt of a notice of any appeal of a Committee of Adjustment Decision pursuant to Section 02.03, the Chief Planner or any Councill or may notify the Director, City Development & CBO; the Director, Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Corporate Services & City Solicitor; the City Clerk; the Chief Administrative Officer(CAO); and the Mayor; that they request the Notice be added to an upcoming in-camera session or special in- camera meeting of Council to be called by the Mayor”; and, iii. A new Section 03.01 be added to read as follows and the remaining items under Section 03 be renumbered accordingly: “Upon receipt of a notice of any appeal of a Council Decision pursuant to Section 02.03, the Chief Planner will notify the Director, City Development& CBO; the Director, Corporate Services & City Solicitor; the City Clerk; the Chief Administrative Officer (CAO); and the Mayor; that they request the Notice be added to an upcoming in-camera session or special in-camera meeting of Council to be called by the Mayor”. Carried 10.5 Director, City Development & CBO, Report PLN 20-22 Envision Durham – Growth Management Study - Alternative Land Need Scenarios Summary Report A question and answer period ensued between Members of Council and staff regarding: • concerns regarding scenario two being contrary to sustainability goals of the City; • the Region of Durham collecting c omments from all Durham municipalities to present a recommendation at the May 3, 2022 R egional Planning & Economic Development Committee Meeting; and, • the complexity and the number of interrelated factors which could affect the Region’s recommendation to the Regional Planning & Economic Development Committee. Resolution #871/22 Moved by Councillor Pickles Seconded by Councillor Ashe 1. That Council endorse the Staff Comments contained in Section 3 of Report PLN 20-22 as the City’s formal comments on the Envision Durham’s Alternative Land Need Scenarios Summary Report, prepared by Watson & Associates Economists Ltd. and Urban Strategies Inc., dated March 2022, except that Council recommend that the Region, in establishing the new urban area land needs, use a modified Community Area Land Need Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Scenario 2, with an increased intensification rate of 50%; and an adjusted mix of housing densities within Designated Greenfield Areas, such that the Durham Total New Unit Mix results in an increased percentage of medium density units at approximately 40 – 45%; a reduced amount of high density at approximately to 20 - 25%; maintains the number of low density units at approximately 35 – 40%; and maintains the percentage of secondary units at 3%; and, 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 11. Reports – New and Unfinished Business 11.1 Director, Corporate Services & City Solicitor, Report BYL 03-22 Proposed Reduced Weekday Parking Rate for Nautical Village A question and answer period ensued between Members of Council and staff regarding: • whether there was an evaluation component to receive feedback from the community to allow for improvements to the Program as needed; • the implementation date of the program and ensuring that Council is kept appraised of updates related to the Program; and, • whether parking was prohibited within the intersecting roadways. Staff were requested to provide Council with a mid-season update, at the end of July, on the Program. Resolution #872/22 Moved by Councillor Brenner Seconded by Councillor Butt 1. That Report BYL 03-22, regarding parking rates affecting businesses in the Nautical Village, be received; Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That Council approve a reduced rate of $2.50 per hour for parking Monday to Friday between the hours of 9:00 am to 5:00 pm in the Nautical Village (consisting of the lay-by parking spaces on Liverpool Road and the Liverpool Road parking lot) from May 1st to October 1st annually; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.2 Director, Economic Development & Strategic Projects, Report CAO 05-22 High Frequency Rail -Development of a Business Case and Concept Plan for a Pickering Station A question and answer period ensued between Members of Council and staff regarding: • timelines for the Project and information regarding the discussions held with neighboring municipalities and the City of Markham; • whether the railway would be for freight, passengers, or both; • information regarding how the station would look; • importance of the site including accessible and green elements; and, • working with the Jennifer O’Connell, Member of Parliament, on the Project, to obtain any possible assistance that the Federal Government might be able to provide. Staff were requested to provide an update to Council in June regarding the High Frequency Rail Project. Resolution #873/22 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Council approve the proposal submitted by WSP to develop a strategic business case and concept plan for a High Frequency Rail (HFR) station stop in Pickering in accordance with Purchasing Policy 10.03 (c); in the amount of $107,734.20 (HST included), and that the net project cost of $97,018.00 (net of HST rebate) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of$97,018.00 as follows: Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm a. The sum of $48,509.00 to be funded from Property Taxes per the 2022 Current Budget; and, b. The sum of $48,509.00 to be funded by the Regional Municipality of Durham; 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4. That the City Clerk forward a copy of Report CAO 05-22 to the Region of Durham’s Office of the CAO and Planning & Economic Development Department. Carried Unanimously on a Recorded Vote 11.3 Director, Economic Development & Strategic Projects, Report CAO 06-22 Consulting Services for Preparation of the Northeast Pickering Community Plan - Award for Proposal No. RFP2021-9 A question and answer period ensued between Members of Council and staff regarding: • whether there was an urgency for the need for Council’s consideration of the Report given that there was no decision yet from the Region on Envision Durham; • the funding agreement with the North East Pickering Landowners Group and how the city would receive the payment; • confirmation that changes were not being made to the Seaton Community Plan as a result of this Plan; • the scope of the community engagement component; and, • the majority of the project being funded by the North East Pickering Landowners Group with the remaining costs being paid though development charges. Resolution #874/22 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Proposal submitted by SGL Planning & Design Inc. dated February 22, 2022, to undertake the Northeast Pickering Community Plan, in the amount of $628,577.19 (HST included) be accepted; 2. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $566,053.00 (net of HST rebate) as follows: Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm a) The sum of $164,155.00 to be funded from development charges; b) The sum of $401,898.00 to be funded by the North East Pickering Landowners Group (NEPLG); and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Doody-Hamilton Councillor Pickles Mayor Ryan 11.4 Director, Corporate Services & City Solicitor, Report CLK 02-22 Amendments to the Procedure By-law - Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters Resolution #875/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Report CLK 02-22, regarding Amendments to the Procedure By-law for Ongoing Electronic Participation for Committee and Council Meetings and General Housekeeping Matters, be received; 2. That the draft By-law, included as Attachment #1 to Report CLK 02-22, be enacted; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicted in this Report. Carried 11.5 Director, Community Services, Report CS 06-22 Accessibility Policies Update Resolution #876/22 Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Council endorse amendments to HUR 040 - Hiring Policy (Attachment #1) and ADM 090 - Accessibility Policy (Attachment #2), subject to minor revisions acceptable to the Director, Community Services, Director, Human Resources and Chief Administrative Officer; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11.6 Director, Community Services, Report CS 09-22 pflag Community Banners - Esplanade Park Resolution #877/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That five pflag banners be installed on light standards along The Esplanade North for the month of June 2022; 2. That one pflag banner be installed on the light standard immediately adjacent to the Rainbow crosswalk, on the Esplanade North, and remain in place until such time that a new Community Banner Policy is approved by Council; 3. That City staff be directed to draft a Community Banner Policy and return it for Council’s consideration before the end of 2022; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.7 Director, Engineering Services, Report ENG 08-22 Kingston Road (at the Whites Road Off-Ramp) & Finch Avenue New Asphalt Sidewalk Construction - Tender No. T2022-3 Resolution #878/22 Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Tender No. T2022-3 for Kingston Road (at the Whites Road Off- Ramp) & Finch Avenue New Asphalt Sidewalk Construction as submitted by Buildscapes Construction Limited in the total tendered amount of $372,145.59 (HST included) be accepted; 2. That the total gross project cost of $459,155.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $413,484.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $413,484.00 as follows: a) the sum of $111,179.00 (net of HST rebate) for capital project C10515.1802.01 Kingston Road New Sidewalk Installation as approved in the 2018 Capital Budget to be funded by a transfer from: i) Development Charges – Roads and Related Reserve Fund in the amount of $55,590.00; ii) Development Charges – City’s Share Reserve in the amount of $55,589.00; b) the sum of $200,000.00 for capital project C10515.2101.01 Finch Avenue New Sidewalk Construction as approved in the 2021 Capital Budget to be funded by a transfer from the Federal Gas Tax Reserve Fund be increased to $302,305.00; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.8 Director, Finance & Treasurer, Report FIN 07-22 2022 Tax Rates and Final Tax Due Dates Resolution #879/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Report FIN 07-22 of the Director, Finance & Treasurer regarding the 2022 tax rates be received; Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 2. That the 2022 tax rates for the City of Pickering be approved as contained in Schedule “A” of the By-law attached hereto; 3. That the tax levy due dates for the Final Billing be June 28, 2022 and September 28, 2022 excluding the industrial, multi-residential and commercial realty tax classes; 4. That the attached By-law be approved; 5. That the Director, Finance & Treasurer be authorized to make any changes or undertake any actions necessary to comply with Provincial regulations including altering due dates or final tax rates to ensure that the property tax billing process is completed; and, 6. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried 11.9 Director, Corporate Services & City Solicitor, Report LEG 10-22 Intergovernmental Partnership to Improve Digital Infrastructure and Address the Digital Divide Resolution #880/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That the Government of Ontario be requested to: a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; b. Identify Provincially owned fibre assets that can be leveraged to help close the digital divide – such as schools, hospitals and traffic corridors; c. Review existing legislation to include provisions on open access to telecommunications cabling and trenching activities for all developments; 2. That the Government of Canada be requested to: Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm a. Ensure that incremental investments in broadband from other orders of government are made in urban areas and directed to fill gaps in the GTHA; b. Recognize high-speed internet as an essential service, including a definition for affordability that combines fixed and mobile costs as a percentage of household income; c. Collect and share local level data on assets, internet speeds, and service terminations/collection activities, in cooperation with internet service providers (ISPs); d. Request that the Canadian Radio-communications and Telecommunications Commission examine supports for municipal carriers who wish to promote access to their fibre broadband networks for public and private service providers; 3. That this Report be forwarded to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, the Premier of Ontario and the Prime Minister; and, 4. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this Report. Carried 11.10 Director, Operations, Report OPS 14-22 Chestnut Hill Developments Recreation Complex Generator Replacement Resolution #881/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That the proposal submitted by Elexicon Group, dated January 22, 2022, in the amount of $1,164,804.00 (HST included) be accepted; 2. That the total gross project cost of $1,469,904.00 (HST included), including the amount of the tender, consulting, contingency, and other associated costs, and the t otal net project cost of $1,323,694.00 (net of HST rebate) be approved; 3. That the Director, Finance & Treasurer be authorized to finance the total net project costs of $1,323,694.00 as follows: Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm a) the sum of $1,100,000.00 from previously approved 2019 Capital Budget be increased to $1,200,000, to be financed by the issue of debentures by the Regional Municipality of Durham over a period not to exceed ten years; and, b) the annual debenture repayment charges in the amount of approximately $140,246.00 to be included in the annual Current Budget for the City of Pickering commencing 2022, or such subsequent year in which the debenture is issued, and continuing thereafter until the debenture financing is repaid; c) the Director, Finance & Treasurer to be authorized to make any changes, adjustments and revisions to amounts, terms, conditions, or to take any actions necessary in order to effect the foregoing; d) the sum of $123,694.00 through a transfer from Property Taxes; 4. That the draft debenture by-law attached to this report be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 11.11 Director, City Development & CBO, Report PLN 21-22 Two-year Period Exemption Request for Minor Variance A pplication P/CA 66/22 JMPM Holdings Limited & Stuart Mark Golvin 1635 Bayly Street Resolution #882/22 Moved by Councillor Ashe Seconded by Councillor Brenner That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990, P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 66/22, submitted by JMPM Holdings Limited & Stuart Mark Golvin, for lands municipally known as 1635 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Carried 11.12 Director, City Development & CBO, Report PLN 22-22 Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Environmental Registry Postings 019-5284 and 019-5285 - Comments on proposed Bill 109, More Homes For Everyone Resolution #883/22 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That Council endorse the comments prepared by staff in Report PLN 22- 22; and, 2. That Council authorize staff to respond to Environmental Registry of Ontario numbers 019-5284 and 019-5285 with a copy of Report PLN 22- 22 and Council’s resolution thereon, and that a copy of Report PLN 22-22 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. Carried 12. Motions and Notice of Motions 12.1 Abolishment of Committee of Adjustment A question and answer period ensued between Members of Council and staff regarding: • the number of Committee of Adjustment decisions that were appealed in the previous two years; • the number of refusals from the Committee of Adjustment where the City had provided representation at the OLT; and, • whether other similar sized municipalities had a Committee of Adjustment to handle minor variance matters. Resolution #884/22 Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS under the Planning Act a Council may appoint a Committee of Adjustment (C of A) as the approval body for Minor Variances (MV); And Whereas, the approval authority for MV in the City of Pickering is through an appointed C of A; Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm And Whereas, the Committee of Adjustment acts as an independent body to hear all applications for MV and determines if the MVs sought meets the four tests as set out by Section 45(1) of the Planning Act and the Provincial Policy Statement; And Whereas, once an application is filed and accepted, the Planning Department prepares an assessment report for the C of A consideration; And Whereas, when rendering a decision the C of A adheres to the principles of procedural fairness and ensures the Public Interests are factored in; And Whereas, if a decision of the C of A is rendered to refuse a MV the Ontario Planning Act provides an Appeal process through the Ontario Land Tribunal (OLT); And Whereas, once an Appeal has been filed, the City of Pickering is named as Party to the Hearing; And Whereas, as Party to the Hearing, there is a reasonable expectation that the City of Pickering would appear and give evidence in support of the decision rendered by the C of A regardless of the assessment of its Planning Department; And Whereas, past practices have found that the City of Pickering has declined to appear nor to give evidence in Hearings where a refusal decision was rendered by the C of A; And Whereas, Members of the Community who participated throughout the MV process and influenced the decision rendered by the C of A, while able to request participant status, do not meet the criteria of Ontario Land Tribunal Rules 8.2, enabling Party status that enables the presenting of any expert evidence to counter that of the Applicant/Appellant; And Whereas, the lack of any challenge and presenting of evidence to an appeal of a refusal decision of the C of A can be interpreted as a lack of support and or confidence in the decisions of the C of A resulting in a one sided hearing that is not in the best interest of the Public; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests: That the Clerk amends the relevant bylaws for the 2022-2026 Term of Council to remove the C of A as the Approval body for MV and replace it with the Council through the Planning and Development Committee as permitted under the Planning Act. Lost on a Recorded Vote as Follows: Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Yes No Councillor Brenner Councillor Ashe Councillor Butt Councillor Doody-Hamilton Councillor McLean Councillor Pickles Mayor Ryan 12.2 Reporting of Affordable Housing A question and answer period ensued between Members of Council and staff regarding: • the June 29th reporting back date being to receive an update on the implementation of the reporting mechanism for the tracking of affordable housing options within the City; • the motion being di fferent from the R egion’s Rent-Geared-to-Income Housing (RGI) and social housing; • whether the reporting mechanism would include different options for homes; • challenges in estimating and tracking second dwelling units and basement apartment units; and, • concerns on quarterly reporting as there may not be significant changes between quarters, and the need to reconsider a different reporting time frame, all which would be addressed in the Report from staff in June. Resolution #885/22 Moved by Councillor Brenner Seconded by Councillor McLean WHEREAS the City of Pickering Council adopted an Affordable Housing Strategy including an affordability housing function within the Planning and Development Department; And Whereas, an affordable housing strategy must ensure a range of housing forms consistent with the Provincial Housing Policy, including rentals and ownership; Now therefore be it resolved that the Council of The Corporation of the City of Pickering directs: 1. That the Director, City Development Department through the Office of the CAO, implement a quarterly reporting mechanism for the tracking of Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Affordable Housing options within the City of Pickering including condominiums, freehold, rentals and ownership; 2. That the Director, City Development Department through the Office of the CAO, develops a list of all existing, approved and or pending private rental apartment buildings; and, 3. That the Director, City Development Department report back at the June 27th Council Meeting. Carried Unanimously on a Recorded Vote 12.3 Whitevale Naturalized Area A question and answer period ensued between Members of Council and staff regarding: • the motions intent being to reaffirm Council’s position on keeping the lands in its natural condition and relaying that position to the Province; • whether the Province had already created a designation for the area and whether the designation was low density residential; and, • including the parties that would receive the resolution and providing authority for the Mayor to send a letter on behalf of Council. Resolution #886/22 Moved by Councillor Pickles Seconded by Councillor Butt WHEREAS the regenerating, former gravel pit lands north of the Hamlet of Whitevale, also known as the Whitevale Marsh, have natural heritage features and functions; And Whereas, there is community interest in preserving the Whitevale pit/marsh as greenspace; And Whereas, these lands are currently owned by the Province of Ontario, and designated Low Density Residential, in the Central Pickering Development Plan; And Whereas, the Province was advertising these lands, known as Block 10, for sale in 2017; And Whereas, Councillor Pickles, under other business on December 4, 2017, requested that staff follow up with the Province respecting the status of the lands; Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm And Whereas, the lands had not yet been sold in 2021, Mayor Ryan wrote to the Ministry of Infrastructure in April 2021, respectfully requesting the Province review the land use designations of the south part of Block 10, with the intent of restricting residential uses to the northernmost part of this Block, and protecting the regenerating pit/marsh as part of the natural heritage system; And Whereas, the Minister of Government and Consumer Services responded to His Worship Mayor Ryan advising, that although the future use of the land is determined, he would take the Mayor’s recommendation into consideration; And Whereas, through the pandemic, the immense mental and physical value of access to nature and green spaces was brought to light; And Whereas, Block 10 continues to remain under Provincial ownership; Now therefore be it resolved that the Council of The Corporation of the City of Pickering requests: 1. That the Province reconsider the designation of the southern part of Block 10 to either Hamlet Heritage Open Space System, or Natural Heritage System, and that an additional trail head, with parking, for the Seaton Hiking T rail, be established on these lands; and, 2. That Mayor Ryan be authorized to send a letter with a copy of this Resolution to The Honourable Doug Ford, Premier of Ontario, The Honourable Ross Romano, Minister of Government and Consumer Services, The Honourable Peter Bethlenfalvy, Member of Provincial Parliament, Pickering-Uxbridge, stating the position of Pickering City Council. Carried Unanimously on a Recorded Vote 13. By-laws 13.1 By-law 7923/22 Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. 13.2 By-law 7924/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Part of Lot 21, Concession 1, Now Part 3 40R-30834, in the City of Pickering. Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 13.3 By-law 7925/22 Being a By-law to amend Zoning By-law 7553/17, as amended, to remove the holding provision “H6”. 13.4 By-law 7926/22 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. 13.5 By-law 7927/22 Being a by-law to adopt the estimates of all sums required to be raised by taxation for the year 2022 and to establish the Tax Rates necessary to raise such sums and to establish the final due dates for the residential, pipeline, farm, and managed forest realty tax classes. 13.6 By-law 7928/22 Being a by-law to authorize Chestnut Hill Developments Recreation Complex – Generator Replacement project in the City of Pickering and the issuance of debentures in the amount of $1,200,000.00. 13.8 By-law 7930/22 Being a by-law to amend Restricted Area (Zoning) By law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, being Part of Lot 28, Range 3 BFC, now Parts 1 and 2, 40R-9413, City of Pickering. 13.9 By-law 7931/22 Being a by-law to exempt Blocks 206 to 233, Plan 40M-2710, Pickering from the part lot control provisions of the Planning Act. Resolution #887/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton That By-law Numbers 7923/22 through 7931/22, save and except By-law 7929/22, be approved. Carried Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 13.7 By-law 7929/22 Mayor Ryan congratulated Chief Stephen Boyd on his appointment as the new Fire Chief for the City and provided Council’s well wishes to Chief John Hagg on his retirement from the City as Fire Chief. Resolution #888/22 Moved by Councillor Butt Seconded by Councillor Doody-Hamilton Being a by-law to appoint Stephen Boyd as Fire Chief of The Corporation of the City of Pickering. Carried 14. Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera Session was held at 6:30 p.m. in accordance with the provisions of the Municipal Act, and Procedure By-law, to receive a confidential verbal update relating to a proposed or pending acquisition of land and to provide direction to staff. 14.1 Confidential Verbal Update from the Director, Economic Development & StCratarriegeic d Projects Re: The Potential Sales for Various Parcels Within the Innovation Corridor Resolution #889/22 Moved by Councillor McLean Seconded by Councillor Brenner That the confidential direction provided to staff at the in-camera session be approved. Carried 15. Other Business 15.1 Councillor McLean announced that he has stepped down from the position of Chair of the PARA Marine Search & Rescue and that Councillor Brenner is now the new chair. Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm 15.2 Councillor Brenner requested that correspondence from the Town of Halton Hills regarding, Build it Right the First Time, be placed on the May 24, 2022 Council Meeting Agenda with a recommendation to receive and endorse the correspondence. 15.3 Councillor Doody-Hamilton gave notice of a motion to direct staff to report back to Council on the implementation of a Green Roof By-law for the City of Pickering. 15.4 Councillor Doody-Hamilton gave notice of a motion to direct staff to report back on the implementation of a Vibration By-law for the City of Pickering. 15.5 Councillor Pickles spoke to a plan of subdivision legally described as lots 6 and 7 of Registered Plan 424, part lots 16 concession 9, and asked that Staff continue to work on resolving the portion of the lot which was not developed and requested staff to bring an upd ate t o the nex t Council Meeting with a solution for the matter. 15.6 Councillor Pickles spoke to pedestrian safety concerns near the intersections of Rosebank Road, Woodsmere Crescent, and Charnwood Court and asked that staff investigate the implementation of an all way stop as opposed to an IPS system that is currently under review. He gave notice of a motion regarding the implementation of an all way stop for the area and noted that he may withdraw his Notice of Motion depending on staff’s findings. 15.7 Councillor Pickles discussed concerns regarding train whistles at railway crossings and asked that staff identify railway crossings that may not need routine whistles and to investigate stop whistle procedures. 15.8 Councillor Pickles spoke to recent announcements from The Honourable Peter Bethlenfalvy, MPP, Pickering-Uxbridge, regarding a new Pickering Seaton Public Elementary School and a school in Duffin Heights, and asked that staff reach out to the school boards to find out information regarding the timelines for groundbreaking and opening of the schools. 15.9 Councillor Pickles discussed a potential delegation from the Durham Regional Police Services Board and added that he had asked Sergeant Carter, Durham Regional Police Services, to follow up with the City Clerk and Councillor Ashe, who is the City’s representative at the Durham Regional Police Services Policy Board on timelines for a delegation to Council. 16. Confirmation By-law By-law Number 7932/22 Draft Council Meeting Minutes April 25, 2022 Hybrid Electronic Meeting Council Chambers 7:00 pm Councillor Ashe, seconded by Councillor Butt moved for leave to introduce a By-law of the City of Pickering to confirm the proceedings of April 25, 2022. Carried 17. Adjournment Moved by Councillor Doody-Hamilton Seconded by Councillor Brenner That the meeting be adjourned. Carried The meeting adjourned at 9:19 pm Dated this 25th of April, 2022. David Ryan, Mayor Susan Cassel, City Clerk