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HomeMy WebLinkAboutApril 28, 2003 (Special) Special Council Meeting Minutes Monday, April 28,2003 1 :00 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 J. Reble B. Taylor 1. Melymuk D. Kearns - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Solicitor for the City - City Clerk - Division Head, Corporate Projects & Policy - Committee Coordinator AUTHORITY TO CALL SPECIAL MEETING Pursuant to Section 3 of By-law 3665/91 (Procedural By-law), this Special Meeting of Council has been called by Mayor Arthurs to consider the two Zoning Orders that were filed under the Planning Act and the Planning & Development Act by the Minister of Municipal Affairs and Housing. II RESOLUTIONS Resolution #60/03 Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS in a resolution passed by the Council of the Corporation of the City of Pickering on February 4, 2002, directed the Director of Planning & Development to report on the elements of a Growth Management Study which would provide the basis for an - 1 - Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. Official Plan Review of all lands within the northern boundary of Highway #7 and the southern boundary as the C.P. Belleville Rail line; and WHEREAS in the resolution passed by Pickering Council on February 4, 2002, it was noted that the Official Plan Review would form the basis for how Pickering will manage future growth pressures; and WHEREAS in a resolution passed on May 21, 2002, Pickering Council established a Working Group whose mandate was to prepare detailed terms of reference for the Growth Management Study; and WHEREAS this Working Group was comprised of representatives of the City, including Members of Council, the Ministry of Municipal Affairs & Housing, the Region of Durham, the TRCA and various community stakeholder groups; and WHEREAS planning consultants, through the public tendering process, were invited to submit proposals, based on the detailed terms of reference prepared by the Working Group, to carry out the Growth Management Study; and WHEREAS Pickering Council enacted By-law Number 6013/02 on July 29, 2002 to impose Interim Control over the study area; and WHEREAS no objections were received by the City of Pickering with respect to the passing of Interim Control By-law Number 6013/02; and WHEREAS the consulting firm of Dillon and Associates was selected to undertake the Growth Management Study and have held a series of Task Force Meetings and has held a public Open House advising residents of the Study and receive feedback; and WHEREAS in a resolution passed on October 21, 2002, Pickering Council expressed its concern that the North Pickering Land Exchange Review Panel was initiating planning processes and principles in isolation of initiatives already undertaken by the City of Pickering through its Growth Management Study; and WHEREAS in a letter dated October 22, 2002 to the Honourable Chris Hodgson, Minister of Municipal Affairs & Housing, Mayor Arthurs conveyed the resolution passed by Council on October 21, 2002 and went on to state Council's desire to work in cooperation with the Province to arrive at the best possible land use plan on the understanding that the best plan can only be accomplished if local and Regional planning processes are respected and the Province works cooperatively with the City of Pickering and the Region of Durham; and -2- Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. WHEREAS in the letter dated October 22, 2002, Mayor Arthurs requested that Members of Council have an opportunity to meet with the Minister of Municipal Affairs & Housing to discuss a cooperative planning process; and WHEREAS two Zoning Orders that were filed on April 17, 2003 under the Planning Act and the Planning & Development Act, the Minister of Municipal Affairs & Housing effectively precluded the City of Pickering's and the Regional Municipality of Durham's responsibility and jurisdiction for planning for almost one-quarter of the geographical area of the City of Pickering; and WHEREAS Section 2 of the Municipal Act, 2001, authorizes municipalities "to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under..." the said Act which powers and duties include"... fostering the current and future economic, social and environmental well- being of the municipality..."; and WHEREAS the Minister of Municipal Affairs and Housing by his action on April 17, 2003, effectively placed his government's interests above the stated intent of the Municipal Act, 2001, and the interests of the constituents of the Corporation of the City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs the appropriate staff to file a complaint with the Provincial Ombudsman regarding the actions of the Minister of Municipal Affairs and Housing in removing all legitimate authority of the City of Pickering from planning in those areas covered by the Minister's Orders. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs No: Councillor Johnson Resolution #61/03 Moved by Councillor McLean Seconded by Councillor Holland WHEREAS in a resolution passed by the Council of the Corporation of the City of Pickering on February 4, 2002, directed the Director of Planning & Development to report on the elements of a Growth Management Study which would provide the basis for an Official Plan Review of all lands within the northern boundary of Highway #7 and the southern boundary as the C.P. Belleville Rail line; and - 3- Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. WHEREAS in the resolution passed by Pickering Council on February 4, 2002, it was noted that the Official Plan Review would form the basis for how Pickering will manage future growth pressures; and WHEREAS in a resolution passed on May 21, 2002, Pickering Council established a Working Group whose mandate was to prepare detailed terms of reference for the Growth Management Study; and WHEREAS this Working Group was comprised of representatives of the City, including Members of Council, the Ministry of Municipal Affairs & Housing, the Region of Durham, the TRCA and various community stakeholder groups; and WHEREAS planning consultants, through the public tendering process, were invited to submit proposals, based on the detailed terms of reference prepared by the Working Group, to carry out the Growth Management Study; and WHEREAS Pickering Council enacted By-law Number 6013/02 on July 29, 2002 to impose Interim Control over the study area; and WHEREAS no objections were received by the City of Pickering with respect to the passing of Interim Control By-law Number 6013/02; and WHEREAS the consulting firm of Dillon and Associates was selected to undertake the Growth Management Study and have held a series of Task Force Meetings and has held a public Open House advising residents of the Study and receive feedback; and WHEREAS in a resolution passed on October 21,2002, Pickering Council expressed its concern that the North Pickering Land Exchange Review Panel was initiating planning processes and principles in isolation of initiatives already undertaken by the City of Pickering through its Growth Management Study; and WHEREAS in a letter dated October 22, 2002 to the Honourable Chris Hodgson, Minister of Municipal Affairs & Housing, Mayor Arthurs conveyed the resolution passed by Council on October 21, 2002 and went on to state Council's desire to work in cooperation with the Province to arrive at the best possible land use plan on the understanding that the best plan can only be accomplished if local and Regional planning processes are respected and the Province works cooperatively with the City of Pickering and the Region of Durham; and WHEREAS in the letter dated October 22, 2002, Mayor Arthurs requested that Members of Council have an opportunity to meet with the Minister of Municipal Affairs & Housing to discuss a cooperative planning process; and -4- Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. WHEREAS two Zoning Orders that were filed on April 17, 2003 under the Planning Act and the Planning & Development Act, the Minister of Municipal Affairs & Housing effectively precluded the City of Pickering's and the Regional Municipality of Durham's responsibility and jurisdiction for planning for almost one-quarter of the geographical area of the City of Pickering; and WHEREAS Section 2 of the Municipal Act, 2001, authorizes municipalities "to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under..." the said Act which powers and duties include"... fostering the current and future economic, social and environmental well- being of the municipality..."; and WHEREAS the Minister of Municipal Affairs and Housing by his action on April 17, 2003, effectively placed his government's interests above the stated intent of the Municipal Act, 2001, and the interests of the constituents of the Corporation of the City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby petitions the Legislative Assembly of the Province of Ontario to repeal the two Zoning Orders filed by the Minister of Municipal Affairs as the City of Pickering continues with its Growth Management Study in consultation with the Province of Ontario, the Region of Durham, the TRCA and all interested stakeholders in this planning process; and FURTHER THAT the decisions of the City of Pickering continue to have the full weight and authority of the Planning Act and the Municipal Act, 2001; and FURTHER THAT these decisions be of full force and effect; and FURTHER THAT this resolution be forwarded to: . The Honourable Ernie Eves, Premier of Ontario . Dalton McGuinty, Leader of the Opposition . Howard Hampton, Leader of the New Democratic Party . The Honourable Gary Carr, Speaker of the Legislative Assembly FURTHER THAT copies of this resolution be forwarded to: . The Association of Municipalities of Ontario . All Ontario Municipalities . GTA Task Force on Ontario Municipal Board Reform CARRIED - 5- Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #62/03 Moved by Councillor McLean Seconded by Councillor Pickles WHEREAS the Province of Ontario seeks to accommodate those development interests affected by the Provincial development freeze on various lands in the Oak Ridges Moraine by permitting development within the City of Pickering; and WHEREAS the North Pickering Land Exchange Review Panel is implementing the facilitation of the development in Pickering for those development interests; and WHEREAS the Minister of Municipal Affairs by Orders dated April 17, 2003, seeks to superimpose provincial interests and jurisdiction over the statutory and legitimate interests of the constituents of the Corporation of the City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Province supply all documentation and information pertaining to the Provincial interest in the development of land within the City of Pickering including all agreements between the Province of Ontario and those development interests who are being accommodated within the boundaries of the City of Pickering; and FURTHER THAT if such documentation and information is not forthcoming, Council authorizes staff to make a request under the Provincial Freedom of Information and Protection of Privacy Act for this information. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs - 6- Special Council Meeting Minutes Monday, April 28, 2003 1 :00 p.m. III ADJOURNMENT The Meeting adjourned at 2:16 p.m. DATED -~ MAYOR ~ ¡/ CLERK ¿' ~ - 7-