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HomeMy WebLinkAboutJuly 6, 2009 (Joint) citq o~ Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers _ Chair: Councillor Dickerson PRESENT: Mayor Ryan COUNCILLORS: D. Dickerson R.Johnson B. Littley B. McLean J. O'Connell D. Pickles ALSO PRESENT: T.J. Quinn - Chief Administrative Officer T. Melymuk - (Acting) Chief Administrative Officer E. Buntsma - Director, Operations & Emergency Services N. Carroll - Director, Planning & Development G. Paterson - Director, Corporate Services & Treasurer R. Holborn - Division Head, Municipal Property & Engineering C. Rose - Manager, Policy L. Taylor - Manager, Development Review M. Gadzovski - Stormwater & Environmental Engineer S. Gaunt - Principal Planner, Policy G. McGregor - Principal Planner, Policy R. Pym - Principal Planner, Development Review D. Shields - Deputy Clerk Moved by Mayor Ryan Seconded by Councillor McLean That the rules of procedure be suspended in order to change the order of business whereas Item 2 being Director, Corporate Services & Treasurer, Report CS 17-09 of the Executive Committee Reports be placed as the first report on the agenda following delegations. CARRIED ON A 2/3 MAJORITY VOTE 1 cis 11 Joint Planning & Development PIO<IE & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers 71 Chair: Councillor Dickerson (1) DELEGATIONS 1. Paula Jesty Deloitte & Touche LLP Re: Report CS 17-09 2008 Year End Audit Paula Jesty of Deloitte & Touche LLP appeared before Committee to submit the report on the results of their audit of the consolidated financial statements of the City of Pickering. Ms. Jesty noted that no significant weaknesses in internal controls relating to the financial reporting process were identified. She noted that management judgements and accounting estimates had been assessed against standard practice and appear to be reasonable. She also noted that the areas of audit focus were all satisfactory and no significant items needed to be brought to the Committee's attention. A brief question and answer period ensued 2. Terri Daniels New Site Development, Rogers Wireless Re: Report PD 21-09 Rogers Wireless Cell Tower Installation Terri Daniels, a representative for Rogers Wireless, New Site Development appeared before the Committee in support of Report PD 21-09. She noted that Rogers Wireless had a weak spot in their network in this area and that the tower installation would correct this problem. Ms. Daniels also noted that the tower will generally not be visible from within Whitevale. A brief question and answer period ensued. 3. Dan Remollino Ministry of Transportation Project Manager Re: 407 East Environmental Assessment & Preliminary Design Study Dan Remollino, Project Manager, Ministry of Transportation appeared before Committee to update them on the 407 East Environmental Assessment & Preliminary Design Study. He noted that the Draft Environmental Assessment report and associated reference documents were complete and available for a five week review period. He noted that there were three workshops held and these workshops gave 2 citq °0 Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 LI 7:30 pm - Council Chambers Chair: Councillor Dickerson participants throughout Durham Region representing a variety of interests the opportunity to identify community values and features, to incorporate enhanced mitigation measures and to discuss the recommended community value plan. Mr. Remollino noted that the next steps in the Environmental Assessment process would be the five week review period, the collection of comments submitted to the Project Team and meetings with stakeholders during this period to discuss comments and to provide clarification. Mr. Remollino also noted that all comments would be responded to in writing and would become part of the EA record. A detailed question and answer period ensued. 4. Michael J. McQuaid, Q.C. WeirFoulds Re: Report CAO 05-09 On Behalf of the Seaton Landowners Michael McQuaid, the representative for Seaton Landowners appeared before the Committee to make a submission regarding Report CAO 05-09. Mr. McQuaid noted that the Seaton Landowners and the City share a common goal in seeing Seaton developed to the high standards set out in the Central Pickering Development Plan but must also note that the landowners have a different view of the process to be followed for the Neighbourhood Plans. He stated that in April 2009 two of the landowners filed applications for Neighbourhood Plans and the other two landowners are working on similar applications to be filed shortly. He stated that the landowners expected continued discussions and dialogue with City staff and also offered to pay for a planning consultant to review the application. Mr. McQuaid noted that the landowners do not feel it is necessary for the City to undertake an $800,000 study over the next 8 to 12 months to process the Neighbourhood Plans. Mr. McQuaid noted that they believe they share the same goal with staff and Council in seeing the Plan built to the high level of standards that have been called for thereby securing over time the significant jobs, taxes and development charges this will bring to the City of Pickering. Mr. McQuaid requested that Council defer the report until the September meeting to allow for discussion to occur on the steps that will allow the applications for Neighbourhood Plans and plan of subdivision to be processed in a cooperative way. A detailed question and answer period ensued. 3 citq °o Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson (II) PART `B' EXECUTIVE COMMITTEE REPORTS 2. Director, Corporate Services & Treasurer, Report CS 17-09 2008 Year End Audit RECOMMENDATION Moved by Councillor O'Connell Seconded by Councillor Pickles 1. That Report CS 17-09 of the Director, Corporate Services & Treasurer be received; 2. That the Audit Results Report as submitted by Deloitte & Touche LLP be received for information; and, 3. That the 2008 draft Audited Consolidated Financial Statements for the City of Pickering be forwarded to Council for approval. CARRIED Councillor McLean was not in attendance for the vote on Report CS 17-09. (III) DELEGATIONS (Continued) 5. Bryce Jordan Sernas and Associates Re: Report PD 20-09 Bryce Jordan of Sernas and Associates appeared before the Committee in support of Report PD 20-09 and stated that there were only two issues that concerned his client and requested consideration be given to revising them. Mr. Jordan noted that staff has recommended a garage setback and parking space definition of 6.Om and Mattamy is requesting 5.5m in order to provide for the planned housing product. Mr. Jordan also noted that staff have recommended the deletion of 12 lots from the Draft Plan of Subdivision and noted that there was no sufficient reason for the increase in open space and felt that this was an inefficient use of very valuable resource land. Mr. Jordan requested that Council consider adding the lots back into the plan. A detailed question and answer period ensued. 4 cis Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers 26 Chair: Councillor Dickerson The Committee recessed at 10:50 pm until 11:05 pm. (IV) PART `A' PLANNING & DEVELOPMENT REPORTS 1. Director, Planning & Development, Report PD 20-09 Draft Plan of Subdivision SP-2008-01 Zoning By-law Amendment Application A 1/08 Mattamy (Brock Road) Limited Part Lots 17 & 18, Concession 3 City of Pickering RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Draft Plan of Subdivision SP-2008-01 submitted by Mattamy (Brock Road) Limited, to permit a plan of subdivision on lands being on Part Lots 17 & 18, Concession 3, subject to the comments of Report PD 20-09, be endorsed; 2. That the proposed conditions of draft plan of subdivision to implement Draft Plan of Subdivision SP-2008-01 as set out in Appendix I to Report PD 20-09, be endorsed; and, 3. Further, that Zoning By-law Amendment Application A 1/08 submitted by Mattamy (Brock Road) Limited, to amend the zoning of the subject property to implement Draft Plan of Subdivision SP-2008-01, as outlined in Appendix II to Report PD 20-09 be endorsed. CARRIED LATER IN THE MEETING (See Following Motions) Moved by Councillor Pickles Seconded by Councillor Johnson That Item 1 of the main motion be amended to reflect that Lots 2, 3, 24, 25, 26 and 27 be added back into the plan of subdivision. CARRIED 5 Joint Planning & Development IS & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson 1 Moved by Councillor McLean Seconded by Councillor Johnson That Item 1 of the main motion be amended to reflect that Lots 63, 64 65 and 66 be added back into the plan of subdivision. MOTION DEFEATED Moved by Mayor Ryan Seconded by Councillor Littley That the main motion be amended by adding the following as Item 3 and Item 3 be renumbered accordingly. That prior to Council's consideration of the implementing zoning by-law, the owner provide the City with a letter of commitment with respect to the nature and timing of the development of the mixed use block adjacent to Brock Road. CARRIED Moved by Councillor Pickles Seconded by Councillor Johnson That Item 1 of the main motion be amended to reflect that the garage setbacks and parking space definition be reduced from 6.Om to 5.5m. MOTION DEFEATED The main motion, as amended, was the CARRIED. 2. Director, Planning & Development, Report PD 21-09 Proposed Rogers Wireless Cell Tower Installation and Land Lease Sideline 34, Between Regional Road 27 (Whitevale Road) and Highway 407 City of Pickering RECOMMENDATION Moved by Councillor Johnson Seconded by Councillor McLean 6 Cit oI Joint Planning & Development s & Executive Committee PICXE Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers 2 Chair: Councillor Dickerson 1. That Report 21-09 of the Director, Planning & Development, requested by City Council through Correspondence CORR 29-09, be received; 2. That a By-law be enacted to authorize the Mayor and the Clerk to execute a Lease Agreement with Rogers Wireless ("Rogers"), substantially on the terms set out in this Report, in a form satisfactory to the City Solicitor and the Director, Corporate Services & Treasurer and Rogers Wireless for those lands consisting of part of the road allowance between Lots 34 and 35, Concession 5 (Sideline 34, north of Regional Road 27 (Whitevale Road)), for the purposes of installing and maintaining communications equipment; and, 3. Further, that the Director, Planning & Development be authorized to provide Industry Canada with a letter of support for this cell tower installation, on Sideline 34 between Regional Road 27 (Whitevale Road) and Highway 407, following the execution of the lease agreement. CARRIED 3. Director, Planning & Development, Report PD 22-09 City Response to Seaton Natural Heritage System Management Plan and Master Trails Plan - Final Report, October 2008, prepared by Schollen & Company Inc. for Ministry of Municipal Affairs and Housing RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor Littley 1. That Report PD 22-09 of the Director, Planning & Development, regarding the Seaton Natural Heritage System Management Plan and Master Trails Plan, Final Report (SNHSMP & MTP - the Management Plan), prepared by Schollen & Company Inc. and Associates, dated October 2008, be received; 2. That the comments contained in Report PD 22-09 on the SNHSMP & MTP be endorsed and that Council advise the Ministers of Municipal Affairs and Housing and Energy and Infrastructure that: a) in implementing the Plan; (i) no costs should be borne by existing City taxpayers for the Natural Heritage System (NHS) restoration or for the on and off-road trails in the neighbourhoods, in light of the high standards expected; 7 Joint Planning & Development PICKE & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson (ii) establishment of a separate Heritage Committee for Seaton needs further review; and, (iii) since renewable energy facilities are permissible uses within the NHS, a management strategy should be identified for this purpose and be reflected in the preparation of restoration/revegetation plans for the NHS lands; b) the City supports; (i) use of the Management Plan as a guide for a sustainable Seaton NHS as the report is a comprehensive and well thought-out prescription to achieve long-term objectives for the restoration of an expanded natural heritage system, construction of a trail system in the NHS and to fulfill cultural heritage objectives in the NHS; (ii) retention of the NHS lands in public ownership over the long-term; (iii) establishment of a First Nations Interpretive Centre; and, (iv) continued City involvement in discussions and decisions on a future management structure, plans and programs for the Seaton natural heritage system, trails network and cultural heritage programs, including the role of Heritage Pickering. 3. That Council request the Ministers of Municipal Affairs and Housing and Energy and Infrastructure to expand the range of uses permissible within the NHS to include recreational uses such as parks and playfields in those lands that buffer the key natural heritage features; and, 4. Further, that a copy of Report PD 22-09 and Pickering Council's resolution on this matter be forwarded to the Ministry of Municipal Affairs and Housing, the Ministry of Energy and Infrastructure, Ontario Realty Corporation, the Region of Durham, the Toronto and Region Conservation Authority, Heritage Pickering Advisory Committee, and the Seaton Trail Management Plan Steering Committee. CARRIED 4. Director, Planning & Development, Report PD 23-09 Zoning By-law Amendment Application A 7/08 S. Golvin & JMPM Holdings Inc. Part of Lot 19, Range 3 B.F.C. (Part 1, 40R-10527 and Part 1, 40R-8832) City of Pickering 8 c~ °0 Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers 3 0 Chair: Councillor Dickerson Mr. George Horning of Sernas Trans Tech appeared before the Committee noting his concerns in regards to an item in the draft by-law stating that "no vehicular through route providing access between Bayly Street and Dillingham Road shall be permitted". He noted that the applicant was requesting that this be removed from the by-law and dealt with during the site plan process. Mr. Horning felt that the site would not be used as a through route from one street to the next due to the configuration of the buildings and stated that by placing this statement in the by-law they would have to put a barrier up to comply with it. Mr. Horning stated that they would have no problems dealing with this issue at the site plan process. RECOMMENDATION Moved by Councillor Pickles Seconded by Councillor Johnson 1. That Report PD 23-09 of the Director, Planning & Development be received; 2. That Zoning By-law Amendment Application A 7/08 be approved to broaden the range of permitted mixed employment uses for the subject property including offices, personal service uses, sales outlets, and various light industrial uses on lands being Part of Lot 19, Range 3 B.F.C., Part 1, 40R-10527 and Part 1, 40R- 8832; 3. That the zoning by-law to implement Zoning By-law Amendment Application A 7/08, as set out in Appendix I to Report PD 23-09, be forwarded to City Council for enactment; and 4. Further, that Council authorize the Chief Administrative Officer to negotiate with the owners of the subject lands (known as Part of Lot 19, Range 3 B.F.C., identified as Part 1, 40R-10527 and Part 1, 40R-8832) to acquire a portion of the property for public stormwater management purposes, and report back to Council on the general terms and conditions of a possible land purchase. CARRIED LATER IN THE MEETING (See Following Motion) Moved by Councillor Pickles Seconded by Councillor Johnson 9 city °0 Joint Planning & Development PIUKE & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson 3 1 That Item 3 of the main motion with respect to the zoning by-law be amended to reflect the deletion of Item (2)(d)(vi) of the draft by-law. CARRIED (V) PART `B' EXECUTIVE COMMITTEE REPORTS (Continued) 1. Chief Administrative Officer, Report CAO 05-09 Seaton Neighbourhood Planning Program -Direction to Proceed with Program RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report CAO 05-09 of the Chief Administrative Officer regarding the Seaton Neighbourhood Planning Program be received; 2. That staff be directed to proceed with the issuance of a Request for Proposals to hire a qualified consulting team to undertake the Seaton Neighbourhood Planning Program in accordance with the Terms of Reference set out in Appendix I to this Report; 3. That Council Resolution # 210-08 of October 20, 2008, concerning the Seaton Neighbourhood Planning Program be rescinded; 4. That Council request financial assistance from the Province of Ontario to undertake the Seaton Neighbourhood Planning Program; and 5. Further, that a copy of this Report be forward to the Ministry of Municipal Affairs and Housing, Ministry of Energy and Infrastructure, the Ontario Realty Corporation, the Region of Durham, the Trustee for the North Pickering Development Management Inc. and the Sernas Group on behalf of the Seaton Landowner Group. REFERRED LATER IN THE MEETING (See Following Motion) 10 Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson Moved by Mayor Ryan Seconded by Councillor That Report CAO 05-09 of the Chief Administrative Officer be referred to the September 21, 2009 meeting of Council. CARRIED 3. Director, Corporate Services & Treasurer, Report CS 21-09 Section 357/358 of the Municipal Act - Adjustment to Taxes RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report CS 21-09 of the Director, Corporate Services & Treasurer be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CARRIED 4. Director, Corporate Services & Treasurer, Report CS 23-09 Tow Truck "Anti-Chasing" Amendment to Traffic & Parking By-law 6604/05 RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report CS 23-09 of the Director, Corporate Services & Treasurer be received; 11 c`tq Joint Planning & Development PICXE & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson a 3 2. That the draft Tow Truck Anti-Chasing By-law, included as Attachment 1, providing restrictions regarding tow trucks within the City of Pickering, be enacted; and, 3. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. CARRIED 5. Director, Operations & Emergency Services, Report OES 24-09 City's Traffic & Parking By-law No. 6604/05 -Updating Amendments RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report OES 24-09 of the Director, Operations & Emergency Services regarding proposed amendments to the City's Traffic & Parking By-law No 6604/05 be received; and 2. That the attached draft by-law be enacted to amend Sections 8, 25, 26 and 46 and Schedules 2, 4, 9 and 13 to By-law No. 6604/05. REFFERED LATER IN THE MEETING (See Following Motion) Moved by Councillor O'Connell Seconded by Councillor Johnson That Report OES 24-09 of the Director, Operations & Emergency Services be referred to the Special Meeting of Council to be held on September 28, 2009. CARRIED 6. Director, Operations & Emergency Services, Report OES 37-09 Tender for Facilities Cleaning Services - Tender No. T-3-2009 12 c`tq °o Joint Planning & Development PKKE & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report OES 37-09 from the Director, Operations & Emergency Services regarding Facilities Cleaning Services Ltd. be received; 2. That Tender No. T-3-2009 submitted by Arsenal Cleaning Services Ltd. for facilities cleaning services, in the amount of $115,104 plus GST for year 1 and $118,578 plus GST for year 2 be approved subject to the annual review and extension to the contract by the Manager, Supply & Services for the following facilities: Pickering Municipal Facilities Pickering Public Libraries Operations Centre Main Branch East Shore Community Centre Claremont Branch Fire Hall #5 (Administration Office) Greenwood Branch Petticoat Creek Branch Whitevale Branch 3. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED 7. Director, Operations & Emergency Services, Report OES 40-09 Southeast Collector Trunk Sewer -Haul Roads RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report OES 40-09 of the Director, Operations & Emergency Services regarding the Southeast Collector Trunk Sewer associated haul routes be received; 13 cis Joint Planning & Development -F & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers Chair: Councillor Dickerson 2. That the City of Pickering approves of the use of Scarborough-Pickering Townline Road, Rosebank Road, Fairport Road, Dixie Road and Third Concession Road as described in and subject to the conditions outlined in Report OES 40-09 as haul routes for the construction of the Southeast Collector Trunk Sewer; and 3. That a copy of Report OES 40-09 be sent to the Region of York and the Region of Durham. CARRIED 8. Director, Operations & Emergency Services, Report OES 41-09 Frenchman's Bay Harbour Entrance Environmental Assessment -Status Update RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report OES 41-09 of the Director, Operations & Emergency Services concerning the Frenchman's Bay Harbour Entrance Environmental Assessment be received for information; and 2. That Council endorse the submission of the Draft Environmental Study Report (ESR) to the Ministry of the Environment. CARRIED LATER IN THE MEETING (See Following Motion) Moved by Councillor O'Connell Seconded by Councillor McLean That the main motion be amended by adding the following as Item 2, and Item 2 be renumbered accordingly. That both the East and West breakwater walls be proposed and built fully accessible and included as part of the preferred alternative submitted with the EA documents. CARRIED 14 citq °0 Joint Planning & Development & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers h Chair: Councillor Dickerson The main motion, as amended was then CARRIED 9. Director, Operations & Emergency Services, Report OES 42-09 Roof Replacement - Pickering Public Library and Fire Hall #2 -Tender No. T-12-2009 RECOMMENDATION Moved by Mayor Ryan Seconded by Councillor McLean 1. That Report OES 42-09 of the Director, Operations & Emergency Services regarding Roof Replacement at Pickering Public Library and Fire Hall #2 be received; 2. That Tender T-12-2009 submitted by Crawford Roofing Corporation at a cost of $214,200 (GST included) be accepted; 3. That staff be authorized to negotiate with the low bidder to undertake the additional roofing work at Petticoat Creek and Whitevale Library, at a cost not to exceed the project costing as outlined in the report; 4. That the total gross project cost of $259,350 (GST included) and a net project cost of $247,000 including the tender amount and other associated costs be approved; 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project as follows: a) the sum of $65,000, as provided for in the 2009 approved Capital Budget for Fire Services, to be financed through property taxes; b) the sum of $74,000 as provided for in the 2009 approved Capital Budget for Libraries-Central & Whitevale and Petticoat Creek Library and Community Centre, to be financed through Provincial Grants-Investing in Ontario; c) the amount of $100,000, as provided for in the 2009 approved Capital Budget for Library-Central, to be financed through Federal Gas Tax funding; 15 Joint Planning & Development FIO<JERING & Executive Committee Meeting Minutes Monday, July 6, 2009 7:30 pm - Council Chambers 37 Chair: Councillor Dickerson d) the additional amount of $8,000 for Petticoat Creek Library and Community Centre Roof Rehabilitation to be funded from Federal Gas Tax; e) the Director, Corporate Services & Treasurer be authorized to take any actions necessary in order to affect the foregoing; and 6. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. CARRIED (V) ADJOURNMENT The meeting adjourned at 1:25 am. 16