HomeMy WebLinkAboutJune 2, 2003 Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
(I) ADOPTION OF MINUTES
Regular Meeting of May 20, 2003
Special Meeting of May 20, 2003
Special Meeting of May 26, 2003
(11) DELEGATIONS
Pat McNeil, Senior Vice President, Nuclear Strategy & Support, will present an
update on the Pickering "A" start-up project and an update on the first quarter
operations of the Picketing Nuclear Generating Station.
(111) RESOLUTIONS PAGE
1. To adopt the Finance & Operations Committee Report dated May 26, 1-7
2003.
(IV) BY-LAWS
By-law Number 6141/03
8-10
Being a by-law to amend Blocks I and 2, Plan 40M- , and that part of
Block 11, Plan 40M-1231, Pickering, designated as Part 2, Plan 40R-21924
from the part lot control provisions of the Planning Act.
By-law Number 6142/03
11-13
Being a by-law to exempt Lots I to 20, inclusive, Blocks 35, 38 and Blocks
40 to 45, inclusive, Plan 40M-2119, Pickering, from part lot control.
By-law Number 6143/03
14-16
Being a by-law to exempt Blocks 1, 2 and 3, Plan 40M-2149, Pickering, from
part lot control.
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Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
By-law Number 6144/03
17-18
Being a by-law 'to amend By-law 2359/87 regulating parking, standing and
stopping on highways and on private and municipal property'.
By-law Number 6145/03
19
Being a by-law to repeal By-law
maintain a Reserve Fund for the
Clubhouse.
5761/00 which was to establish and
construction of the Brockridge Park
By-law Number 6146/03
20
Being a by-law to amend By-law Number 425/76 respecting residential
fences and swimming pool enclosures in the City of Pickering.
(V) NOTICE OF MOTION
Moved by Councillor Ryan
Seconded by Councillor McLean
21-22
WHEREAS the Highway Traffic Act states that the statutory speed limit on all
urban roads shall be 50 kilometers per hour unless set otherwise by by-law and
posted by the municipality that has jurisdiction over such roads; and
WHEREAS the Council of the Corporation of the City of Pickering enacted By-
law Number 264/75 on July 21, 1975 that lowered the speed limit on all existing
residential and collector roads south of Highway 401 from 50 kilometers per hour
to 40 kilometers per hour; and
WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the
speed limit on other roads north of Highway 401 from 50 kilometers per hour to 40
kilometers per hour; and
WHEREAS the 40 kilometer per hour speed limit has worked very well in the Bay
Ridges and West Shore communities since 1975; and
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Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
WHEREAS a speed limit of 50 kilometers per hour on residential streets is not
conducive to safe pedestrian activities because motorists tend to drive at least 10
kilometers per hour over the posted speed limit;
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby directs staff to prepare a by-law that will lower the speed limit on all local
and collector roads in accordance to Pickering's Official Plan under the
jurisdiction of the City of Pickering from 50 kilometers per hour to 40 kilometers
per hour; and
FURTHER THAT said by-law be a consolidated by-law indicating the maximum
rates of speed for all highways under the jurisdiction of the City of Pickering and
be presented to Council no later than September 15, 2003.
Moved by Councillor Holland
Seconded by Councillor McLean
23-27
WHEREAS City Council passed Resolution #77/00 on May 15, 2000 establishing
conditions of approval for draft plan of subdivision 18T-99015 (Garthwood
Homes - now 40M-2023) proposing 24 lots for detached dwellings on Spartan
Court; and
WHEREAS one of the conditions of draft approval included a requirement for the
construction of a sidewalk on the south and east sides of Spartan Court; and
WHEREAS a petition has been received by the City signed by a majority of
residents on Spartan Court requesting that a sidewalk not be constructed on the
east side of Spartan Court; and
WHEREAS a sidewalk along the majority of the east side of Spartan Court is not
considered necessary for the safety of residents and pedestrians;
NOW THEREFORE the Council of the Corporation of the City of Pickering:
hereby directs that the City's sidewalk requirements respecting Plan 40M-
2023 be revised to delete the requirement for a sidewalk across the frontage
of Lots 3 to 14 inclusive, as illustrated on Schedule 1 to this resolution;
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Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
hereby directs that sidewalks remain in place to provide safe pedestrian
access along the future pedestrian route linking Rambleberry Avenue to
Appleview Drive;
hereby directs that the developer be required to provide the City with cash-in-
lieu for this deleted section of sidewalk, in the event sidewalk construction
should be required in the future.
Moved by Councillor Holland
Seconded by Councillor McLean
28-30
WHEREAS the three main political parties in Ontario have now issued their
policy platforms and the Tory Party platform includes a proposal to extend the
force of the TaxpaFer Protection Act to municipalities; and
WHEREAS "...Voter approval will be required before a municipal council
introduces a new tax or increases the rate of an existing tax" ("The Road
Ahead: A Fair Deal for Municipalities Policy Paper"). Further, while
municipalities under the Tory proposals would be able to propose new taxes to
raise money for a 'specific' program or project, rules include requirements to tax
only gasoline sales, rental of hotel or motel rooms and/or the use of parking
spaces. Also, the targeted program or project is required "to be clearly identified
in a referendum question," with the municipality then "clearly accounting for how
the new revenue was spent"; and
WHEREAS this would have a significant negative effect on day-to-day operations
of municipal governments, which differ greatly from that of the Province; and
WHEREAS the cost of requiring a referendum in the City of Pickering is
approximately $235,000 based on 2003 election expenditures and population;
and
WHEREAS these costs exclude additional costs related to the launching of public
education programs, printing and staff time required to disseminate sufficient
budget information for an informed vote on a referendum question;-and
WHEREAS municipal governments are very different from the Provincial
Government in a very fundamental way, since municipalities are the only
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Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
government level without indexed revenues. While Provincial and Federal
Governments have revenues that increase over time, municipalities have no
similar 'automatic' adjustment and can only increase tax rates through direction
of Council (despite many costs e.g. salaries, utilities and fuel, fluctuating with
inflation levels); and
WHEREAS increased property values as a result of annual Province-wide
reassessments do not result in increased municipal tax revenues, since tax rates
are adjusted to make reassessments revenue neutral; and
WHEREAS municipalities are already subject to constraints in setting property
tax increases due to Provincially mandated rules regarding property tax capping
regulation and policies; and
WHEREAS municipalities are already required to maintain balanced budgets,
and already have very significant revenues and costs that are beyond the control
of the municipality, including fluctuations in Provincial and Federal subsidy levels,
requirements to maintain service standards developed by the province, and
significant and fluctuating GTA Pooling impacts; and
WHEREAS the proposal to appoint an Ontario Municipal Services Quality Auditor
to annually review the spending of large municipalities (over 50,000) and look at
smaller municipalities upon request, seems to be contrary to Provincial practice,
when the Province has refused previous requests from GTA partners to have a
Provincial Auditory verify GTA Pooling figures and other Provincially mandated
programs which significantly impact Municipal taxpayers every year; and
WHEREAS the Provincial legislation (Taxpayer protection Act,. 1999 and
Balanced Bud,qet Act, 1999) contains a number of exemptions for the Province,
including exemptions for Federal tax law changes and revenue decreases, it is
unclear whether municipalities will receive similar exemptions for budget
fluctuations beyond municipal control; and
WHEREAS since these Bills were proclaimed, the Province has passed
legislation allowing it to override rules, so that promised income and corporate
tax cuts (2202), subsequently revoked, would not be deemed to be tax increases;
and
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Council Meeting
Agenda
Monday, June 2, 2003
7:30 PM
WHEREAS there was no indication of a referendum policy at pre-consultation
meetings under the 'Memorandum of Understanding' or during discussions
leading to the new Municipal Act, that resulted in stringent public notice and
consultation requirements for the preparation of municipal budgets and tax rates;
and
WHEREAS the new Municipal Act was initially heralded by the Provincial
Government as a route to greater autonomy and flexibility for Ontario
municipalities and new legislation and its regulations and current election
platform proposal take us farther from these goals; and
WHEREAS municipalities already are accountable to constituents through
regularly scheduled elections held every three years and also regularly report to
constituents in a number of ways, including publication of Performance
Measurement Reports, annual audited financial statements, annual remuneration
and expense disclosures for elected officials and staff (over $100,000) and public
meetings for financing proposals such as annual budgets and development
charges;
NOW THEREFORE the Council of the Corporation of the City of Pickering
strongly urges the Tory Party to exclude any requirement for referendums on
new taxes, tax rate increases and/or new sources of revenue, as this policy
would be unnecessary, unworkable in the municipal context, not cost-justified
and would have serious ramifications for municipalities trying to provide essential
services to constituents, while paying for services downloaded from the
Provincial Government. Further, municipalities already have very open and
accountable financial and budgeting systems, MPMP reports, internal
accountability measures, new Municipal Act accountability measures, and
accountability requirements for grant programs that are workable.
(VI) OTHER BUSINESS
(VII) CONFIRMATION BY-LAW
(VIII) ADJOURNMENT
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01
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Finance & Operations Committee dated May 26, 2003, be
adopted.
CARRIED:
MAYOR
Appendix I
Finance & Operations Committee Report
FOC 2003-5
That the Finance & Operations Committee, having met on May 26, 2003, presents its
fifth report to Council and recommends:
OPERATIONS & EMERGENCY SERVICES REPORT OES 18-03
TENDER T-6-2003
TENDER FOR STREET LIGHT MAINTENANCE
That Report OES 18-03 regarding a tender for street light maintenance be
received; and
That Tender No. T-6-2003 submitted by Veridian Connections, for streetlight
maintenance, in the amount of $360,765.75, be accepted; and
3. That staff at the City of Pickering be given the authority to give effect hereto.
OPERATIONS & EMERGENCY SERVICES REPORT OES 20-03
TENDER T-9-2003 - PAVING OF THE PICKERING
RECREATION COMPLEX PARKING LOT
That Report OES 20-03 regarding the Tender for the topcoat for the Parking
Lot at the Recreation Complex and Road Improvements be received; and
That Tender No. T-9-2003 submitted by Paveco Road Builders Corp. for
Parking Lot & Road Improvements in the amount of $204,600 (7% GST extra)
for a total cost of $218,922 and a net cost after G.S.T. rebate of $210,738.
The Tender comprised of Recreation Complex Overlay Project Code 03-
2731-005-04, Road Rehabilitation Amberlea Road Project Code 03-2320-
010-01 and Road Rehabilitation Pickering Parkway 03-2320-010-02; be
accepted; and
That the total project cost of $246,207 including the tender amount, other
associated project costs and a net total project cost of $237,003, be
approved; and
That Council authorize the Director, Corporate Services & Treasurer to
finance the expenditures of the above mentioned projects as was included in
the Council approved 2003 Capital Budget as follows:
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Appendix I
Finance & Operations Committee Report
FOC 2003-5
Recreation Complex final topcoat parking lot (03-2731-005-04) through
the Region of Durham in the amount of $75,000 for a period not to exceed
five years; and
Amberlea Road Rehabilitation (03-2320-010-01) debt through the Region
of Durham in the amount of $48,000 for a period not to exceed 10 years;
and
c. Pickering Parkway Road Rehabilitation (03-2320-010-02) an internal loan
in the amount of $76,000 for a period not to exceed five years; and
The balance of the funding requirement for the above projects in the
estimated amount of approximately $5,600 be paid from 2003 current
revenues; and
Financing and repayment charges in the amount of approximately ,$42,400
be included in the annual Current Budget for the City of Pickering
commencing in 2004 and continuing thereafter until the loans and repaid;
and
The Director, Corporate Services & Treasurer has certified that these
loans 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
Ontado; and
g. The Director, Corporate Services & Treasurer be authorized to take any
actions necessary in order to effect the foregoing; and
5. That staff at the City of Picketing be given the authority to give effect thereto.
OPERATIONS & EMERGENCY SERVICES REPORT OES 27-03
TENDER FOR ROOF REPLACEMENT - DELANEY ARENA
1. That Report OES 27-03 regarding Roof Replacement at the Delaney Arena
be received; and
-6-
Appendix I
Finance & Operations Committee Report
FOC 20O3-5
That Tender No. T-8-2003 submitted by Solar Roofing & Sheet Metal Ltd. for
Roof Replacement at the Delaney Arena in the amount of $179,800 (plus
GST) be approved; and
That the total gross project cost of $233,025 and a total net project cost of
$224,314, including the tender amount and other associated costs, be
approved; and
a)
That the Manager, Supply & Services be authorized to solicit pricing for
the additional roof replacement repairs for the squash courts and
maintenance corridor areas; and
b)
That the requirements of the Purchasing By-law be waived in this instance
and the Chief Administrative Officer in conjunction with the Director,
Corporate Services & Treasurer be authorized to accept a quotation and
award the contract; and
c)
That the funding for the above expenditures be provided from the savings
in the total project cost as approved under Recommendation 2 and 3
above and the amount approved in the 2003 Capital Budget (savings
approximately $145,000) and the expenditure for this undertaking be
financed as per Recommendation 5 below; and
That Council authorize the Director, Corporate Services & Treasurer to
finance the project through the issuance of debt; and
a)
That debt financing not exceed the amount of $370,000 for a period not
exceeding 10 years, at a rate to be determined through the Region of
Durham, be approved; and
b)
That financing and repayment charges in the amount of approximately
$50,300 be included in the annual Current Budget for the City of Pickering
commencing in 2004 and continuing thereafter until the loan is repaid; and
c)
That 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
7
Appendix I
Finance & Operations Committee Report
FOC 2003-5
O5
d) That the Treasurer be authorized to take any actions necessary in order to
effect the foregoing; and
That the appropriate City of Pickering officials be authorized to take the
necessary action to give effect thereto.
4 PARTNERSHIP OPPORTUNITY
That the confidential memorandum of the Division Head, Culture & Recreation,
regarding a Partnership Opportunity dated May 26, 2003 be received; and
That staff be directed to explore Option C as set out in the memorandum.
5. PICKERING SQUASH CLUB PROPOSAL
That the memorandum of the Division Head, Culture & Recreation, dated May
22nd, 2003 regarding a proposal submitted by the Pickering Squash Club be
received; and
That Council support in principle a cost sharing partnership with the Pickering
Squash Club for new doubles squash courts at the Pickering Recreation
Complex.
CORPORATE SERVICES REPORT CS 06-03
LEASE FINANCING POLICY
That Report CS 06-03 of the Director, Corporate Services & Treasurer
concerning Lease Financing Policy, be received; and
That the attached Lease Financing Policy, be approved effective immediately,
and
That the appropriate officials of the City of Picketing be authorized to give
effect thereto.
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Appendix I
Finance & Operations Committee Report
FOC 2003-5
CORPORATE SERVICES REPORT CS 19-03
SECTION 357/358 OF THE MUNICIPAL ACT, 2001, AS AMENDED
-ADJUSTMENT TO TAXES
That Report CS 19-03 of the Director, Corporate Services & Treasurer,
concerning Adjustment of Taxes, be received; and
That the write-off of taxes as provided under Section 357/358 of the Municipal
Act, 2001, be approved; and
That the appropriate officials of the City of Pickering be authorized to take the
necessary action to give effect hereto.
CORPORATE SERVICES REPORT CS 22-03
FORMAL QUOTATIONS
-QUARTERLY REPORT FOR INFORMATION
That Report CS 23-03 of the Director, Corporate Services & Treasurer,
concerning Formal Quotations - Quarterly Report for Information, be received
and forwarded to Council for information.
CORPORATE SERVICES REPORT CS 20-03
2002 PRE-AUDIT BALANCES OF RESERVES
AND RESERVE FUNDS
That Report CS 20-03 of the Director, Corporate Services & Treasurer,
concerning 2002 Pre-Audit Balances of Reserves and Reserve Funds, be
received; and
That the Picketing Baseball Association Reserve Fund be closed and the
attached by-law be read three times and passed; and
That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
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Appendix I
Finance & Operations Committee Report
FOC 2003-5
10.
CORPORATE SERVICES REPORT CS 23-03
CASH POSITION REPORT AS AT MARCH 31, 2003
1. That Report CS 23-03 of the Director, Corporate Services & Treasurer
concerning Cash Position Report as at March 31, 2003, be received for
information.
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08
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
May 26, 2003
To:
Bruce Taylor
City Clerk
FFOB:
Denise Bye
Coordinator, Property & Development Services
Subject:
Part Lot Control By-Law
Serenade Homes Inc.
- Blocks 1 and 2, Plan 40M- and that part of Block 11, Plan
40M-1231, Pickering, designated as Part 2, Plan 40R-21924
- File: PLC.229
The above-mentioned lands are being developed in accordance with the
appropriate Agreements, Zoning By-Law and common elements condominium
plan in such a manner to allow the construction of 112 dwelling units on the
lands referred to above.
Attached hereto is a By-law that will be registered immediately following the
registration of the M-Plan and Subdivision Agreement which, when registered,
will exempt these lands from the part lot control provisions of the Planning Act
thus allowing 112 units to be created on parcels of tied lands ('potls') and the
transfer of those potls into separate ownership.
This By-law and a location map are attached for the consideration of City Council
at its meeting scheduled for June 2, 2003.
DB:bg
Attachments
Denise Bye
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 61 41/03
Being a By-law to exempt' Blocks 1 and 2,
Plan 40M- , and that part of Block 11,
Plan 40M-1231, Pickering, designated as
Part 2, Plan 40R-21924 from the part lot
control provisions of the Planning Act.
WHEREAS Serenade Homes Inc., the owner of Blocks 1 and 2, Plan 40M-
and Block 11, Plan 40M-1231, intends to obtain approval of and register a common
elements condominium plan;
AND WHEREAS the proposed common elements condominium plan is to consist of
112 residential units;
AND WHEREAS it is intended that the owner or owners of each of the 112 dwelling
units will own the potl on which his, her or their dwelling is located in fee simple, and will
also be a member or members of the common elements condominium corporation;
AND WHEREAS it is intended that the potls on which the 112 dwellings are to be
constructed will be subdivided by means of an exemption from the part lot control
provisions of the Planning Act, R.S.O. 1990, chapter P.13;
NOW THEREFORE, the Council of The Corporation of the City of Pickering ENACTS
AS FOLLOWS:
Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, shall cease to
apply to Blocks 1 and 2, Plan 40M- and that part of Block 11, Plan
40M-1231, designated as Part 2, Plan 40R-21924 upon:
(a)
registration of this By-law in the Land Registry Office for the Land Titles
Division of Durham (No. 40); and
(b)
registration of a restriction, pursuant to Section 118 of the Land Titles Act,
R.S.O. 1990, chapter L.5, requiring the consent of the Solicitor for The
Corporation of the City of Pickering to the registration of any transfer or
charge of Blocks 1 and 2, Plan 40M- and Block 11, Plan
40M-1231, or any part or parts thereof in the Land Registry Office for the
Land Titles Division of Durham (No. 40).
This By-law shall remain in force and effect for a period of two years from the
date of the passing of this By-law and shall expire on June 2, 2005.
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
City of Pickering Planning & Development Department
PROPERTY DESCRIPTION BLOCKS I & 2, PLAN 40M-XXXX, AND PART BLOCK 11, PLAN 40M-1231,
DESIGNATED AS PART 2, PLAN 40R-21924 ~
OWNER SERENADE HOMES INC. DATE MAY 1, 2003 DRAWN BY JB
APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-8 PA-
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
May 26, 2003
To: Bruce Taylor
City Clerk
From: Denise Bye
Coordinator, Property & Development Services
Subject:
Request for Part Lot Control By-Law
- Silver Lane Estates Inc.
- Lots 1 to 20, inclusive, Blocks 35, 38 and 40 to 45, inclusive,
Plan 40M-2119
- File: PLC.40M-2119
The above-mentioned lands are being developed in accordance with the
appropriate Subdivision Agreement and Zoning By-Law in such a manner to
allow more than one dwelling unit to be constructed on the lots and blocks
referred to.
Attached hereto is a location map and a draft by-law, enactment of which will
exempt these lands from the part lot control provisions of the Planning Act, thus
permitting transfers of those units into separate ownership. This By-law is
attached for the consideration of City Council at its meeting scheduled for June
2, 2003.
DB:bg
Attachments
Denise Byg
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6142/03
Being a By-law to exempt Lots 1 to 20, inclusive,
Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan
40M-2119, Pickering, from part lot control.
WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990,
chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of
the Act does not apply to certain lands within a plan of subdivision designated in the
By-law;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to
the lands described as follows:
Lots 1 to 20, inclusive, Blocks 35, 38 and Blocks 40 to 45, inclusive, Plan
40M-2119, Pickering.
This By-law shall remain in force and effect for a period of one year from the
date of the passing of this By-law and shall expire on June 2, 2004.
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
GATE
PLAN
40M-2119
z
w
o
w
FOXWOOD
PINEVIEW LANE
AUTUMN CRES.
C.N.R.
City of Pickenng
SHEPPARD AVENUE
Planning & Development Department
PROPERTY DESCRIPTION LOTS 1-20, BLOCKS 35,38, 40-45, PLAN 40M-2119
DATE MAY 13, 2003 DRAWN BY JB ~/~
OWNER
SILVER
LANE
ESTATES
INC.
N
APPLICATION No. PART LOT CONTROL SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-10 PA-
14
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
May 26, 2003
To: Bruce Taylor
City Clerk
From: Denise Bye
Coordinator, Property & Development Services
Subject:
Part Lot Control By-Law
- 974582 Ontario Ltd.
- Blocks 1,2 and 3, Plan 40M-2149
- File: PLC.40M-2149
The above-mentioned lands are being developed in accordance with the
appropriate Subdivision Agreement and Zoning By-Law in such a manner to
allow more than one dwelling unit to be constructed on the Blocks referred to.
Attached hereto is a location map and a draft by-law, enactment of which will
exempt these lands from the part lot control provisions of the Planning Act, thus
permitting transfers of those units into separate ownership. This By-law is
attached for the consideration of City Council at its meeting scheduled for June
2, 2003.
DB:bg
Attachments
Denise Bye t
THE CORPORATION OF THE CITY OF PICKERING
BYLLAW NO. R1
Being a By-law to exempt Blocks 1, 2 and 3, Plan
40M-2149, Pickering, from part lot control.
WHEREAS pursuant to the provisions of section 50 of the Planning Act, R.S.O. 1990,
chapter P.13, the Council of a municipality may by By-law provide that section 50(5) of
the Act does not apply to certain lands within a plan of subdivision designated in the
By-law;
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
Section 50(5) of the Planning Act, R.S.O. 1990, chapter P.13, does not apply to
the lands described as follows:
Blocks 1,2 and 3, Plan 40M-2149, Pickering.
This By-law shall remain in force and effect for a period of one year from the
date of the passing of this By-law and shall expire on June 2, 2004.
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
AVE.
PLACE
ILONA PARK
ROAD
COMMERCE
ANNLAND
LUNA CRT.
FOXGLOVE
AVENUE
DRIVE
STREET
BROADVIEW STREET
STREET
BOULEVARD
SHEARER
L~,4E
WHARF
STREET
--,PLAN 40M-2149
City of Pickering
Planning & Development Department
PROPERTY DESCRIPTION BLOCKS 1, 2 & 3, PLAN 40M-2149
OWNER 974582 ONTARIO LTD. DATE MAY 13, 2003
APPLICATION No. PART LOT CONTROL
SCALE 1:5000
CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-3 PA-
THE CORPORATION OF THE CITY OF PICKERING ~_ 7
BY-LAW NO. 6144/03
Being a by-law "to amend By-law 2359/87
regulating parking, standing and stopping on
highways and on private and municipal
property".
WHEREAS, pursuant to the Municipal Act, R.S.O. 1990, chapter M.45, sections 218.52,
210.73, 210.123-126,210.131,310,314.7 and 314.8, the Council of the Corporation of
the City of Pickering enacted By-law 2359/87 regulating parking, standing and stopping
on highways and on private and on municipal property;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Schedule B to By-law 2359/87, as amended, is hereby amended by deleting
therefrom the following items:
Hiqhway Side
Liverpool Road East
Between/And
Prohibited Times and
Days
Bushmill Street/Linwood 8:00 a.m. to 9:00 a.m.
Street and south limit of and 3:00 p.m. to 4:00
Ontario Hydro Corridor p.m., Monday to
Friday
Annland Street East and
North
Liverpool Road and Krosno See Note 1
Boulevard
Schedule B to By-law 2359/87, as amended, is hereby amended by adding
thereto the following items:
Highway
Side Between/And
Prohibited Times and
Days
Wildwood Crescent
East and 104 meters southwest to 143
South meters southwest of Major
Oaks Drive,
See Note 1
South and
West
87 meters east of Wildwood
Crescent to 118 meters east
of Wildwood Crescent,
See Note 1
East and 218 meters southeast of
North Wildwood Crescent to 245
meters southeast of
Wildwood Crescent,
See Note 1
North and 308 meters southeast of
West Wildwood Crescent to 398
meters southeast of
Wildwood Crescent
See Note 1
Liverpool Road East
Bushmill Street/Linwood 7:30 a.m. to 4:30 p.m.,
Street and south limit of Monday to Friday,
Ontario Hydro Corridor September 1st to June
30th
Vistula Drive North and West Shore Blvd to 20 See Note 1
South meters east of West Shore
Blvd
Annland Street North and Liverpool Road to Broadview See Note 1
West Street
Annland Street East 230 meters east of Liverpool See Note 1
Road to Krosno Blvd
BY-LAW read a first, second and third time and finally passed this 2nd day of June
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6145/03
Being a by-law to repeal By-law no. 5761/00 which
was to establish and maintain a Reserve Fund for the
construction of the Brockridge Park Clubhouse.
WHEREAS the City of Picketing passed By-Law 5761/00 to establish and maintain a
Reserve Fund for the construction of the Brockridge Park Clubhouse.
WHEREAS the construction of the clubhouse is completed, there are no monies
remaining in the Reserve Fund and the Reserve Fund has served its intended
purpose and can now be closed.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF PICKERING HEREBY ENACTS AS FOLLOWS:
That the Reserve Fund to be known as the Brockridge Park Clubhouse
Trust be closed.
2. That By-law 5761/00 be repealed.
That this By-law shall come into effect upon the date of the final passing
thereof.
BY-LAW read a first, second and third time and finally passed the 2® day of
June, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE CORPORATION OF THE CITY OF PICKERING
BY-LAWNO.6146/03
Being a by-law to amend By-law Number
425/76 respecting residential fences and
swimming pool enclosures in the City of
Pickering.
WHEREAS the Council of the Corporation of the City of Picketing enacted By-law
Number 425/76 on July 5, 1976 respecting residential fences and swimming pool
enclosures in the City of Pickering; and
WHEREAS it is deemed expedient to amend that By-law to allow staff to approve
variances to any section of that By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Section 10(1) of By-law Number 425/76 is hereby deleted and the following is
substituted therefore:
10(1) Any person, being the occupier or owner of land in the City of Pickering,
may apply to the Municipal Law Enforcement Officer of the City for
permission to exceed any of the requirements set out in this By-law, and if
the Officer is satisfied that the proposed application is reasonable and
does not contravene the purpose and intent of the provisions of this By-
law, then the Officer may grant such permission, in whole or in part,
conditionally or unconditionally, as is deemed adviseable.
BY-LAW read a first, second and third time and finally passed this 2nd day of June,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
NOTICE OF MOTION
DATE: MAY 20, 2003
MOVED BY: COUNCILLOR RYAN
SECONDED BY: COUNCILLOR MCLEAN
WHEREAS the Highway Traffic Act states that the statutory speed limit on all urban
roads shall be 50 kilometers per hour unless set otherwise by by-law and posted by the
municipality that has jurisdiction over such roads; and
WHEREAS the Council of the Corporation of the City of Pickering enacted By-law
Number 264/75 on July 21, 1975 that lowered the speed limit on all existing residential
and collector roads south of Highway 401 from 50 kilometers per hour to 40 kilometers
per hour; and
WHEREAS By-law 264/75 has been amended 23 times since 1975 to lower the speed
limit on other roads north of Highway 401 from 50 kilometers per hour to 40 kilometers
per hour; and
WHEREAS the 40 kilometer per hour speed limit has worked very well in the Bay
Ridges and West Shore communities since 1975; and
WHEREAS a speed limit of 50 kilometers per hour on residential streets is not
conducive to safe pedestrian activities because motorists tend to drive at least 10
kilometers per hour over the posted speed limit;
?.2
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
directs staff to prepare a by-law that will lower the speed limit on all local and collector
roads in accordance to Pickering's Official Plan under the jurisdiction of the City of
Picketing from 50 kilometers per hour to 40 kilometers per hour; and
FURTHER THAT said by-law be a consolidated by-law indicating the maximum rates of
speed for all highways under the jurisdiction of the City of Pickering and be presented to
Council no later than September 15, 2003.
CARRIED:
Btaylor:Notices of Motion:40 kph Speed Limit
MAYOR
23
NOTICE OF MOTION
DATE: June 2, 2003
MOVED BY: COUNCILLOR HOLLAND
SECONDED BY: COUNCILLOR MCLEAN
WHEREAS City Council passed Resolution #77/00 on May 15, 2000 establishing conditions
of approval for draft plan of subdivision 18T-99015 (Garthwood Homes - now 40M-2023)
proposing 24 lots for detached dwellings on Spartan Court; and
WHEREAS one of the conditions of draft approval included a requirement for the
construction of a sidewalk on the south and east sides of Spartan Court; and
WHEREAS a petition has been received by the City signed by a majority of residents on
Spartan Court requesting that a sidewalk not be constructed on the east side of Spartan
Court; and
WHEREAS a sidewalk along the majority of the east side of Spartan Court is not considered
necessary for the safety of residents and pedestrians;
NOW THEREFORE the Council of the Corporation of the City of Pickering:
hereby directs that the City's sidewalk requirements respecting Plan 40M-2023 be
revised to delete the requirement for a sidewalk across the frontage of Lots 3 to 14
inclusive, as illustrated on Schedule 1 to this resolution;
hereby directs that sidewalks remain in place to provide safe pedestrian access
along the future pedestrian route linking Rambleberry Avenue to Appleview Drive;
hereby directs that the developer be required to provide the City with cash-in-lieu for
this deleted section of sidewalk, in the event sidewalk construction should be
required in the future.
CARRIED:
MAYOR
' ~4 SCHEDULE 1 TO NOTICE OF MOTION
22
21
2
3
15
9
10
11
14
12
13
City of Pidkering
MAY 15, 2005
teronet~worklng~sp(3rt(3n crt sidewolk.dwg
Planning & Development Department
EXISTING SIDEWALK TO REMAIN
EXISTING SIDEWALK TO BE REMOVED
PROPOSED SIDEWALK AND WALKWAY
SIDEWALK NOT TO BE INSTALLED
FUTURE TRAIL
April ,2003
To: Mark Holland, Regional Councilor Ward 2
Bill Ward, Local Councilor Ward 2
Bob Start, Development Controls Supervisor
We the undersigned owners/purchasers ofthe'km~s on the east side of Spartan Court in the Appleview
Heights Subdivision Plan 40M-2023 do hereby petition to have the requiren~nt for the proposed sidewalk
that the builder is to install on the east side of Spartan Court fronting lots 1 to 14 removed from the
Subdivision Agreement between the builder, Garthwood Homes Ltd, and the City of Picketing for the
following reasons:
1. Spartan Court is a dead end road with only one access. It ~xtencls from Appleview Rd and ~ads in
a cul-de-sac. The only traffic coming into the subdivision, once construction is completed, will be
the residents who hve on the street and our families and friends. Since this is not a through road, a
sidewalk is not required for the safety of pedestrians when compared to Appleview Rd and mo~
other roads that are not dead end roads.
2. The absence of the sidewalk will allow for additional vehicles to park in-the driveways. This will
decrease the number of cars that have to park on the street. The result will be less obstruction on
the street for people backing out of their driveways and better access for emergency vehicles.
3. There is no sidewalk on either side of Appleview Road, which is a busier road than Spartan Court
There is also no sidewalk on the west side of Appleview Court fronting lots 15 to 22.
We wish to maintain the character of Applexfiew Road by also not having sidewalks on Spartan Court.
25
LOT MUNICIPAL ADDRESS NAME SIGNATURE
1 1777 Spartan Court Nick & Farah Preston ~2::~,~..
2 1775 Spartan Court Ma~on Harvey & Florette
Bagnold
3 1773 Spartan Court ~,~itPJohnson
4 1771 Spartan Court John Lazar/dis
5 1769 Spartan Court Nick Lazaridis ~. o
7 1765 Spartan Court Lynch & Donald K~nnedy
8 1763 Spartan Court Winston & Carlene Ledwidge
9 1761 Spartan Court Tanya & Eric Mclmtyre
10 17~9 Spartan Court Tony & Louella Difrancesco t~,
12 1755 Spartan Court Hasan Tannir & Hahed A
Baba ~
13 1757 Spartan Court Esther & Steve Kotaridis './i! ] / .
14 1759 Spartan Court Richard Price &
Kim McLaughlin-Price
~ 1758 , Spartan Court
16 1760 Spartan Court
1--~ 1762 Spartan Court
-- 18 1764 Spartan Court
- 19 1766 . Spa..nan Ct, urt
- 20 1768 Spa~tan Court
--21 1770 Spartan tjourt
- 22 1772 Spartan Court
2---~ 1780 Spartan Court
- 24 1782 Spa~
)on & Ann Popow
. Lantz
Sara
& John Janevski
Jim Bradley
John Lazaridis (Carthwood)
Chxistos & Maria Lazafidis
&C
)eborah Brown
Albert Kasumi &
House
1777
1775
1773
1771
1769
1767
1765
1763
1761
1759
1757
1755
1753
1758
1760
1762
1764
1766
1768
1770
1772
1780
1782
SPARTAN COURT FAMILY LISTING
Lot .
1
2
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
22
23
24
Nick & Far-ah Preston
Don & Lynda 'K~nnedy
Winston & Caflene Ledwidge
Tonya & Eric Mclntyre
Tony & Louella DiFrancesco
Wayne & Pat Burns
Hassan & Nahed Tannir
Mohamad & Nouha Baba
Steve & Esther Kotaridis
Don & Ann
Sarah & Calvin Lantz
Shelli & John Janevski
Linda & Jim Bradley
& Papa
Cora & Dave Partridge
David & Deborah Dunn
Albert & Terrianne Katsumi
Nels & Roy Teigen
Kids_
Maya
Jake
Alexa
Shaun
Nady, Nader
Nicholas, Alexandm
Alexis, Asia, Alora
Taylor, Joshua
Jennifer
Riley, Davis
Phone ~
905-421-0204V/
905-420-9631V~.
905.-831-2821,./
905..831-,3272~"/
905-831-0381V
905--831--3745v/r/
905-837-5632
905-831-2540~'
905-420-9722
905-837-3018
905-839-8000'~//
9o5-839-o223V
905-839-0419/
905-831-5577
905-831--6902V'"'
905-839:23~
NOTICE OF MOTION
DATE: JUNE 2, 2003
MOVED BY: COUNCILLOR HOLLAND
SECONDED BY: COUNCILLOR MCLEAN
WHEREAS the three main political parties in Ontario have now issued their policy
platforms and the Tory Party platform includes a proposal to extend the force of the
Taxpayer Protection Act to municipalities; and
WHEREAS "...Voter approval will be required before a municipal council introduces a
new tax or increases the rate of an existing tax" ("The Road Ahead: A Fair Deal for
Municipalities Policy Paper"). Further, while municipalities under the Tory proposals
would be able to propose new taxes to raise money for a 'specific' program or project,
rules include requirements to tax only gasoline sales, rental of hotel or motel rooms
and/or the use of parking spaces. Also, the targeted program or project is required "to
be clearly identified in a referendum question," with the municipality then "clearly
accounting for how the new revenue was spent"; and
WHEREAS this would have a significant negative effect on day-to-day operations of
municipal governments, which differ greatly from that of the Province; and
WHEREAS the cost of requiring a referendum in the City of Picketing is approximately
$235,000 based on 2003 election expenditures and population; and
WHEREAS these costs exclude additional costs related to the launching of public
education programs, printing and staff time required to disseminate sufficient budget
information for an informed vote on a referendum question; and
WHEREAS municipal governments are very different from the Provincial Government in
a very fundamental way, since municipalities are the only government level without
indexed revenues. While Provincial and Federal Governments have revenues that
increase over time, municipalities have no similar 'automatic' adjustment and can only
increase tax rates through direction of Council (despite many costs e.g. salaries, utilities
and fuel, fluctuating with inflation levels); and
WHEREAS increased property values as a result of annual Province-wide
reassessments do not result in increased municipal tax revenues, since tax rates are
adjusted to make reassessments revenue neutral; and
WHEREAS municipalities are already subject to constraints in setting property tax
increases due to Provincially mandated rules regarding property tax capping regulation
and policies; and
WHEREAS municipalities are already required to maintain balanced budgets, and
already have very significant revenues and costs that are beyond the control of the
municipality, including fluctuations in Provincial and Federal subsidy levels,
requirements to maintain service standards developed by the province, and significant
and fluctuating GTA Pooling impacts; and
WHEREAS the proposal to appoint an Ontario Municipal Services Quality Auditor to
annually review the spending of large municipalities (over 50,000) and look at smaller
municipalities upon request, seems to be contrary to Provincial practice, when the
Province has refused previous requests from GTA partners to have a Provincial
Auditory verify GTA Pooling figures and other Provincially mandated programs which
significantly impact Municipal taxpayers every year; and
WHEREAS the Provincial legislation (Taxpayer protection Act, 1999 and Balanced
Bud.qet Act, 1999) contains a number of exemptions for the Province, including
exemptions for Federal tax law changes and revenue decreases, it is unclear whether
municipalities will receive similar exemptions for budget fluctuations beyond municipal
control; and
WHEREAS since these Bills were proclaimed, the Province has passed legislation
allowing it to override rules, so that promised income and corporate tax cuts (2202),
subsequently revoked, would not be deemed to be tax increases; and
WHEREAS there was no indication of a referendum policy at pre-consultation meetings
under the 'Memorandum of Understanding' or during discussions leading to the new
Municipal Act, that resulted in stringent public notice and consultation requirements for
the preparation of municipal budgets and tax rates; and
3
WHEREAS the new Municipal Act was initially heralded by the Provincial Government
as a route to greater autonomy and flexibility for Ontario municipalities and new
legislation and its regulations and current election platform proposal take us farther from
these goals; and
WHEREAS municipalities already are accountable to constituents through regularly
scheduled elections held every three years and also regularly report to constituents in a
number of ways, including publication of Performance Measurement Reports, annual
audited financial statements, annual remuneration and expense disclosures for elected
officials and staff (over $100,000) and public meetings for financing proposals such as
annual budgets and development charges;
NOW THEREFORE the Council of the Corporation of the City of Pickering strongly
urges the Tory Party to exclude any requirement for referendums on new taxes, tax rate
increases and/or new sources of revenue, as this policy would be unnecessary,
unworkable in the municipal context, not cost-justified and would have serious
ramifications for municipalities trying to provide essential services to constituents, while
paying for services downloaded from the Provincial Government. Further, municipalities
already have very open and accountable financial and budgeting systems, MPMP
reports, internal accountability measures, new Municipal Act accountability measures,
and accountability requirements for grant programs that are workable.
CARRIED:
Btaylor:Notices of Motion:Taxpayer Protection Act
MAYOR