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HomeMy WebLinkAboutJanuary 20, 2003 ~'Ú¡ o~ . l;tl I Council Meeting Minutes Monday, January 20,2003 7:30 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. Mclean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn E. Buntsma N. Carroll B. Taylor L. T aylör D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - City Clerk - Manager, Development Review - Committee Coordinator ADOPTION OF MINUTES Regular Meeting of December 16, 2002 II PRESENTATION 1. Bill Boyes, Chair, Pickering Public Library Board, provided a presentation of the "Virtual Pickering Project". 2. Councillor Holland, Chair, Winterfest Committee, presented the Winterfest Passport to Prizes. Councillor Brenner rose on a point of personal privilege to comment on the fire which occurred at Royal Road and Kingston Road on Saturday, January 18, 2003 taking the lives of two small girls and leaving five families temporarily homeless. He acknowledged the excellent coordination and support by Durham Region Emergency Services, Pickering Fire Department, Police Services, etc. - 1 - Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. ~ 1. The following persons addressed Council with respect to the application for rezoning submitted by John Taylor Truck Sales Inc.: a) les Fisher, 2250 Highway #7, spoke in favor of the application indicating that if approval was given the improvements would be mandatory, the fence would be repaired. He requested approval of this application. b) Margaret Williamson, 3360 Balsam Road, stated that new and pre-existing businesses must follow by-laws and guidelines. She stated her concern with respect to the construction of a new building which residents were not aware of, the tire storage issue, cars being delivered during the night and the poor landscaping. c) Nancy Listro, thanked Council for their support and stated her opposition to legalizing this business. The property was previously a gravel pit and therefore this could cause contamination of the water. She advised that the road cannot sustain this business, the existing environmental study is outdated and dangerous situations exist on the property such as storage of tires, fences falling down and unattended fires. d) Rachel Murphy, 3080 Concession 5 Road, stated her opposition to this application and her hope that Council would consider the residents concerns. She advised that the Ajax Official Plan stipulates that no more auto recyclers or waste disposal plants could be built. e) Richard lloyd, 3330 Balsam Road, stated that the main concern. is property improvements. They would like to see the fence eight to ten feet in height, the shelving and racking not to exceed the height of the fence, trees built on top of the buffer and improved landscaping. f) Frank Tecklenburg, 3315 Winchester Rd., stated his concern with what was previously buried on the property prior to the purchase by Mr. Kaufman. He stated his concern with respect to property values and his opposition to approving this application. 2. Otto Stock, 1960 Woodview Avenue, addressed Council with respect to the Rouge Park Neighbourhood Study advising that his concerns have been addressed and thanked the Mayor and Council for their assistance. -2- Council Meeting Minutes Monday, January 20,2003 7:30 p.m. 3. Laura Orlandi, 3844 Kinsale Road, addressed Council with respect to the proposed Fill and Topsoil Disturbance By-law. She thanked Council for their work on the by- law and requested its passing. She questioned if this by-law would stop the present fill business taking place in Kinsale and prevent any further similar businesses. IV RESOLUTIONS Resolution #1/03 - Appendix #1 Moved by Councillor Ryan Seconded by Councillor Holland That the Report of the Planning Committee dated January 13, 2003, be adopted with the following amendments: Item #1 Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles and Ryan No: Councillors Johnson and Mayor Arthurs Item #4 The first operative clause was replaced with the following clause: "Now therefore the Council of the City of Pickering hereby requests that the Regional Commission of Planning not take any further action on Modification #1 to the Pickering Official Plan as it affects the Lamoreaux Neighbourhood pending completion of the Growth Management Study, in accordance with and confirming the positions expressed in the letters from the Director, Planning & Development dated December 11, 2002, and the Commissioner of Planning, dated December 18, 2002". CARRIED Recorded Vote on Amendment: . Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs -3- Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. Recorded Vote on Main Motion as Amended: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Council considered the following resolutions in conjunction with the above resolution: Resolu~ion #~ Moved by Councillor Brenner Seconded by Councillor Holland That Item #4 be amended by replacing the first operative clause with the following: "NOW THEREFORE the Council of the City of Pickering hereby requests that the Regional Commission of Planning not take any further action on Modification #1 to the Pickering Official Plan as it affects the Lamoreaux Neighbourhood pending completion of the Growth Management Study, in accordance with and confirming the positions expressed in the letters from the Director, Planning & Development dated December 11, 2002, and the Commissioner of Planning, dated December 18, 2002". CARRIED Resolution #2103 - Appendix #11 Moved by Councillor Pickles Seconded by Councillor Holland That the Report of the Committee of the Whole Report dated January 13, 2003, be adopted. CARRIED Resolution #3/03 Moved by Councillor Holland Seconded by Councillor Pickles 1. That Addendum to Report Number PD 52-02, concerning the Rouge Park Neighbourhood Study implementation, be received; and -4- Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. 2. (a) That Official Plan Amendment Application OPA 02-001/P, initiated by the City of Pickering, to implement the results of the Rouge Park Neighbourhood Study, as follows: . revise Schedule I - Land Use Structure to adjust the boundaries of the Urban Residential and Open Space designations; . revise Schedule III - Resource Management to adjust the boundaries of the Shoreline and Stream Corridor, Wetlands and Rouge-Duffins Wildlife Corridor designations; . revise the Rouge-Duffins Wildlife Corridor Policies; and . revise the Rouge Park Neighbourhood Policies; be APPROVED, as revised, as set out in Appendix I to Addendum to Report Number PD 52-02; (b) That the draft by-law to adopt Amendment 11 to the Pickering Official Plan be ENACTED by Council, as set out in Appendix I to Addendum to Report Number PD 52-02. 3. That Amendment 1 to the Rouge Park Neighbourhood Development Guidelines be ADOPTED by Council, as set out in Appendix II to Addendum to Report Number PD 52-02. CARRIED Resolution #4/03 Moved by Councillor Ryan Seconded by Councillor McLean 1. That Report CAO 01-03 regarding PNGS (Nuclear) Waste Management Facility Operating License Renewal be received; and 2. That Council inform the Canadian Nuclear Safety Commission (CNSC) that it does not object to a five year license renewal of the PNGS (Nuclear) Waste Management Facility, providing the Commission requires a status report from CNSC staff at the mid- point of the license renewal, and that the City of Pickering is given an opportunity to review and comment to the Commission on the mid-license status report. -5- Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. 3. That Report CAO 01-03 be forwarded to the CNSC, Ontario Power Generation, the Canadian Association of Nuclear Host Communities, and the Nuclear Waste Management Organization. CARRIED Resolution #5/03 Moved by Councillor Ryan Seconded by Councillor McLean WHEREAS the City of Pickering represents approximately twenty percent of the assessment of the Region of Durham; and WHEREAS the City of Pickering taxpayers share in the cost of Region of Durham expenditures through the apportioned tax levy; and WHEREAS the Region of Durham Council has a responsibility to be accountable to the taxpayers of Pickering; and WHEREAS the Council of the City of Pickering realizes its' responsibility to exercise due diligence on behalf of it's constituents; and WHEREAS there has been limited information provided either to the City of Pickering Council and the local taxpayers regarding the proposed new Regional Headquarters; and WHEREAS there have been substantive changes to the reports issued to date at the Region which has resulted in some confusion; and WHEREAS the City of Oshawa, the Municipality of Clarington and the Town of Ajax have advised the Region of their opposition and/or concern; NOW THEREFORE be it resolved the Council of the City Pickering requests Durham Region Council defer any decision regarding the construction of a new Regional Headquarters until the all local Durham Municipalities have been provided with all reports and detailed documents supporting any business case analysis; and THAT the local Municipalities be given sufficient time for local review, public input and comment back to Regional Council; and -6- Council Meeting Minutes Monday, January 20,2003 7:30 p.m. THAT this motion be circulated to the Councils of all Durham Municipalities and all Durham MPP's CARRIED Recorded Vote Yes: Councillors Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs Absent: Councillor Johnson Resolution #6/03 Moved by Councillor Ryan Seconded by Councillor McLean 1. That Report CS 08-03 of the Director, Corporate Services be received; and 2. That the tendering requirement of the Purchasing Policy as adopted under By-law 5900/01 be waived in this instance; and 3. That the Manager, Supply & Services be authorized to purchase a 2002 Champion 740VHP Grader from Champion Road Machinery Sales at a gross cost of $239,800 plus applicable taxes and the currently owned 1990 Champion Grader be traded in at an estimated value of $47,000 to be used as a credit against the purchase price resulting in an estimated net cost of $192,800 ($214,000 inclusive of GST net of rebate and PST); and 4. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase of the grader through: a) funding in the amount of $53,100 be transferred from the Development Charges Reserve Fund (1991 #4.2); and b) debt financing through the Region of Durham in the amount of $160,000 for a period not exceeding 5 years, at an estimated rate of 6% per annum; and c) financing an repayment charges in the amount of approximately $38,200 be included in the annual Current Budget for the City of Pickering commencing in 2004 and continuing thereafter until the loan is repaid; and -7- Council Meeting Minutes Monday, January 20,2003 7:30 p.m. d) the Director, Corporate Services & Treasurer has certified that this loan and the repayment thereof falls within the City's Debt and Financial Obligations approved Annual Repayment Limit for debt and other financial obligations for 2003 as established by the Province for municipalities in Ontario; and e) the balance of the cost of acquisition in the estimated amount of $900 be financed from the 2003 Current Budget, Operations & Emergency Services Department; and f) the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 5. That the appropriate officials be given authority to give effect thereto. CARRIED ~ That Councillor Johnson, seconded by Councillor Holland, took leave to introduce by-laws of the City of Pickering: By-law Number 6060/02 Being a by-law to prohibit or regulate the placing or dumping of fill, the removal of topsoil an the alteration of the grade of land. Recorded Vote Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs By-law Number 6080/03 Being a by-law to adopt Amendment 11 to the Official Plan for the City of Pickering (OPA 02-001/P) By-law Number 6081/03 Being a by-law to authorize the execution of a Transfer of Easement for storm sewer purposes from the owner of that part of Lot 12, Registered Plan 282, Pickering, designated as Part 1, Plan 40R-21591. -8- Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. By-law Number 6082/03 Being a by-law to dedicate those parts of Lot 12, Registered Plan 282, Pickering, designated as Parts 30, 32 and 34, Plan 40R-11205 as public highway. By-law Number 6083/03 Being a by-law to authorize the execution of a Transfer of Easement for stormwater purposes from the owner of that part of Lot 4, Registrar's Compiled Plan 1041, Pickering, designated as Part 8, Plan 40R-21388. By-law Number 6084/03 Being a by-law to dedicate that part of Lot 20, Concession 1, Pickering, designated as Part 1, Plan 40R-21531 as public highway. By-law Number 6085/03 Being a by-law to dedicate that part of Lot 20, Concession 1, Pickering, designated as Part 1, Plan 40R-21531 as "Valley Farm Road". By-law Number 6086/03 Being a by-law to exempt Lots 1 to 10, inclusive and Lots 13 and 14, Plan 40M-1018, Pickering, from part lot control. By-law Number 6087/03 Being a by-law to authorize the re-conveyance of that part of Block 18, Plan 40M-2068, designated as Part 3, Plan 40R-21447 to the adjacent owner. By-law Number 6088/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation -1822 Whites Road, 1865 and 1867 Kingston Road). CARRIED -9- Council Meeting Minutes Monday, January 20, 2003 7:30 p.m. THIRD READING: Councillor Johnson, seconded by Councillor Holland, moved that the report of the Committee of the Whole on By-law Numbers 6060/02, 6080/03, 6081/03, 6082/03, 6083/03,6084/03,6085/03,6086/03,6087/03 and 6088/03, 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. 1. 2. 3. 4. CARRIED VI OTHER BUSINESS Councillor Ryan expressed appreciation on behalf of himself and his family for condolences received on the passing of his mother. Councillor Ryan commented on a letter received from a resident concerning a statement made by Councillor Johnson at a previous meeting. Councillor Holland congratulated staff on the opening of new facilities at the Rec Complex. Councillor Holland reminded Council that he would be bringing a motion before Regional Council, seconded by Councillor Brenner, on Wednesday, January 22, concerning Waste Diversion. II CONFIRMATION BY-LAW By-law Number 6089/03 Councilor Pickles, seconded by Councilor McLean, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Regular Meeting of January 20,2003. CARRIED VIII ADJOURNMENT The Meeting adjourned at 10:41 p.m. - 10- ~'Ú¡ o~ I I I I Council Meeting Minutes Monday, January 20,2003 7:30 p.m. DATED - 11 - ¿~'~~ // ÂERK ~ Appendix I Planning Committee Report PC 2003-01 That the Planning Committee of the City of Pickering having met on January 13, 2003 presents its first report to Council and recommends: 1. PLANNING & DEVELOPMENT REPORT PD 41-02 ZONING BY-LAW AMENDMENT APPLICATION A 4/02 JOHN TAYLOR TRUCK SALES INC. 3356 BALSAM ROAD SOUTH PART OF LOT 5, CONCESSION 5 1. That Zoning By-law Amendment Application A 4/02, submitted by John Taylor Truck Sales Inc., at 3356 Balsam Road, being the south Part of Lot 5, Concession 5, City of Pickering, be NOT APPROVED. 2. PLANNING & DEVELOPMENT REPORT PD 06-03 FRED CAMPETELLI, TRUSTEE (COMMERCIAL DEVCO INC.lROCKPORT GROUP) SOUTHEAST CORNER OF VALLEY FARM ROAD AND DIEFENBAKER COURT PART LOT 20, CONCESSION 1, AND BLOCK 11, PLAN 40M-1231 1. That Zoning By-law Amendment Application A 16/02 be APPROVED AS REVISED, subject to conditions outlined in Appendix 1 to Report No. 06-03, to amend the existing zoning to add nursing home 1 retirement home uses; to reduce the minimum height provisions from 6 storeys to 3 storeys to facilitate the construction of 54 townhouse units; and to increase the maximum height provision for an apartment structure from 10 storeys to 16 storeys, submitted by Commercial Devco Inc., on lands being Part of Lot 20, Concession 1 and Block 11, Plan 40M-1231. 3. PLANNING & DEVELOPMENT REPORT PD 02-03 622530 ONTARIO INC. 1745 FAIRPORT ROAD 901-905 DUNBARTON ROAD LOT 124 AND lOT 125. PLAN 1051 1. That the request made by 622530 Ontario Inc., be APPROVED, to permit the division of the subject lands, being Lot 124 and Lot 125, Plan 1051 (known as - 12- Appendix I Planning Committee Report PC 2003-01 1745 Fairport Road, and 901-905 Dunbarton Road), for three additional lots by land severance rather than by draft plan of subdivision. 4. MODIFICATION #1 TO THE PICKERING OFFICIAL PLAN WHEREAS in May 1997, Pickering Council adopted Modification #1 to the Pickering Official Plan revising land use designations and policies for lands known as the East Duffins Area, and requested the Region of Durham to approve these land use designations and policies; and WHEREAS Regional Council endorsed these designations and policies in 1999 (with modifications) but because of an unresolved deferral to the Regional Official Plan (Deferral No.7), the Region of Durham has not issued its Notice of Decision to approve, as modified, the East Duffins Area; and WHEREAS the East Duffins Area is divided into two neighbourhoods: Duffin Heights and Lamoreaux; and WHEREAS in May 2002, Pickering Council adopted Resolution #29/92 directing that staff initiate a growth management study for certain lands in Pickering, including the Lamoreaux Neighbourhood of the East Duffins Area; and WHEREAS on December 9, 2002, Pickering Council adopted Terms of Reference for the Growth Management Study, and directed staff to issue a Request for Proposals for the purpose of hiring a qualified Consulting Team to undertake the Study; and WHEREAS Pickering Council does not want to limit or prejudice the work of a consulting team in undertaking the Growth Management Study; NOW THEREFORE the Council of the City of Pickering hereby requests that the Regional Commission of Planning not take any further action on Modification #1 to the Pickering Official Plan as it affects the Lamoreaux Neighbourhood pending completion of the Growth Management Study, in accordance with and confirming the positions expressed in the letters from the Director, Planning & Development dated December 11, 2002, and the Commissioner of Planning, dated December 18,2002. - 13- Appendix I Planning Committee Report PC 2003-01 THAT staff be requested to fine-tune the land use policies and designations established for the Duffin Heights Neighbourhood and report to Council on any further modifications that may be needed for the Duffin Heights Neighbourhood; and THAT the Region of Durham be requested not to issue its Notice of Decision to approve, as modified, the land use designations and policies for the Duffin Heights Neighbourhood, until further advised by Pickering Council. - 14- Appendix II Committee of the Whole Report COW 2003-01 That the Committee of the Whole of the City of Pickering having met on January 13, 2002, presents its first report to Council and recommends: 1. MAYOR'S REPORT MO 01-03 GTAA PICKERING ADVISORY COMMITTEE - STATUS UPDATE 2 1. That Council receive for information, Report to Council MO 01-03 providing a status update on the GTAA's Pickering Advisory Committee. 2. CLERK'S REPORT CL 43-02 NOMINATION FOR APPOINTMENT TO DURHAM ENVIRONMENTAL ADVISORY COMMITTEE 1. That the letter dated December 11, 2002 from the Commissioner of Planning for the Regional Municipality of Durham dated December 11, 2002 advising of the resignation of Pickering's representative on the Durham Environmental Advisory Committee be received. 2. That Youssef AH. Mroueh be nominated as the representative for the City of Pickering on the Durham Environmental Advisory Committee. -15 -