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HomeMy WebLinkAboutJuly 28, 2003 ~'Ú¡ ð . 1.1 n - Council Meeting Minutes Monday, July 28,2003 11 : 15 PM PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D. Ryan ALSO PRESENT: T. J. Quinn N. Carroll G. Paterson B. Taylor T. Melymuk R. Holborn S. Reynolds D.Kearns - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - City Clerk - Division Head, Corporate Projects & Policy - Division Head, Municipal Property & Engineering - Division Head, Culture & Recreation - Committee Coordinator ADOPTION OF MINUTES Regular Meeting of June 23, 2003 II RESOLUTIONS endix I Moved by Councillor Ryan Seconded by Councillor McLean That the Report of the Committee of the Whole dated July 28, 2003, be adopted. CARRIED -1 - ~ Council Meeting Minutes Monday, July 28, 2003 11 :15 PM Resolution #114/03-Appendix II Moved by Councillor Brenner Seconded by Councillor Holland That the Audit Committee Report dated July 28, 2003, be adopted. CARRIED Resolution #115/03 Moved by Councillor Holland Seconded by Councillor Ryan WHEREAS West Durham has a burgeoning and immensely talented artistic community but does not have a centre to display their work or promote the growth and expansion of the arts; and WHEREAS the City of Barrie has demonstrated that, with limited initial funding from municipal sources, it is possible to grow a thriving, diverse, independent and self- sufficient centre for the arts; and WHEREAS the Board of the Durham West Arts Centre has submitted a detailed business plan that calls upon the City of Pickering and the Town of Ajax to provide base funding from which the centre will develop and grow through external sources and will be making a similar presentation to Durham Region; NOW THEREFORE the Corporation of the City of Pickering approve funding in the amount of $25,000 per year for two years on a pilot basis as per the business plan submitted by the Durham West Arts Centre; and THAT the funding be given in three equal payments starting in March 2004 through to December 2004 and that in 2005 funding be given in four equal payments paid quarterly starting January 2005; and THAT continuation of funding beyond the 2 year pilot will be the decision of Council for 2006 and beyond based upon the success of the program and its achievements to that point; and -2- Council Meeting Minutes Monday, July 28,2003 11 :15 PM THAT the City of Pickering funding commitment be contingent upon the Durham West Arts Centre securing a minimum of $60,000 from sources outside the City of Pickering that offset costs identified in the Financial Plan section of their business plan prior to any funding being released by the City of Pickering. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean, Pickles, Ryan and Mayor Arthurs Resolution #116/03 Moved by Councillor Holland Seconded by Councillor Brenner WHEREAS Pickering's Millennium Waterfront is transforming into the heart of our community - creating a sense of space that is unique and vibrant; and WHEREAS the Great Lakes Nautical Village unfolding at the bottom of Liverpool Road needs to be supported by a diverse, high quality and connected public realm to ensure a proper balance of residential and commercial activity; and WHEREAS the trip around Frenchman's Bay is more than 4.6 kilometers and, even if there was a completed trial, the journey around the bay is not an option for many residents (be they elderly, disabled or very young children); and WHEREAS there is tremendous demand for a connection between the two spits to allow those on the west side to access Millennium Square, the boardwalk, Home Place, the link to Ajax, etc. and for those on the east side to access Petticoat Creek Conservation Area and bridge, the Rotary Frenchman's Bay East Park, the link to Toronto, etc; and WHEREAS a pontoon boat connection linking the east and west spits, as currently designed, would allow fully accessible access to each side and a spectacular opportunity to ride on and learn more about Frenchman's Bay; and WHEREAS such a service is run in many different communities within Canada and the United States and have become attractions unto themselves; and - 3 ~ Council Meeting Minutes Monday, July 28,2003 11 : 15 PM WHEREAS the 2001 Waterfront Taskforce, the Millennium Trail Ad.Hoc Committee and the Waterfront Coordinating Committee have all identified the need, utility and potential of a pontoon boat connection between the two spits; and WHEREAS corporate sponsorship of the pontoon boat service is feasible and could be paid for outside the City; and WHEREAS almost all of the cost for an east west spit connection would be in the new boardwalk on both spits, which would need to be completed regardless of the operation of a boat service; and WHEREAS the City of Pickering, through the 2002 and 2003 budget processes, has set aside dollars for detailed design drawings of the east west spit connection and Cosburn Giberson Landscape Architects have completed detailed plans and costing; and WHEREAS the cost of installing a new boardwalk on the east and west spits, cleaning up the spits, implementing new plantings, shoreline stabilization and other environmental enhancements, and a provision for fully accessible docking has been estimated at a cost of approximately 1.3 million dollars; and WHEREAS the Region of Durham and the Province of Ontario have not played a significant role in the vitalization and enhancement of Pickering's waterfront while the Government of Canada, service clubs and corporations have; and WHEREAS the newly adopted Durham Region Strategic Plan clearly identifies the need to create and invest in waterfronts across the Region to connect pathways, enhance the regional environment and provide cultural and recreational opportunities; and WHEREAS the vision of Pickering's waterfront has been recognized at two major international planning and environmental forums and received the first Economic Development Council of Ontario award in the category of "Physical Infrastructure"; NOW THEREFORE the Council of the Corporation of the City of Pickering agrees in principle, subject to appropriate budget approvals, to the East West Spit Connection project as generally outlined in the detailed drawings of Cosburn Giberson Landscape Architects for the 2004 budget subject to a minimum of $400,000 being raised for the project external to the City of Pickering; and THAT once $400,000 or more has been secured in the form of solid and credible commitments from external sources, final design drawings be completed and the project be publicly tendered for construction in Spring of 2004; and -4- ~ Council Meeting Minutes Monday, July 28, 2003 11 : 15 PM That staff be directed to enter into discussions with external parties to look at implementation over three years; and THAT the annual operating cost of the pontoon boat service be financed external to the Corporation of the City of Pickering for an operating season to run from the Victoria Day weekend to Labour Day, subject to an appropriate agreement being entered into with the operator of the pontoon boat service; and THAT the Waterfront Coordinating Committee takes a lead in identifying and securing the external funding required to advance the project. CARRIED Recorded Vote: Yes: Councillors Brenner, Holland, McLean and Pickles No: Councillors Johnson, Ryan and Mayor Arthurs Council considered the following motions in conjunction with the above resolution: Resolution #116/03 a Moved by Councillor Pickles Seconded by CounciUor Holland That the first operative clause be revised by removing the word 'approval' and replacing it with 'agreement in principle subject to appropriate budget approvals'. CARRIED Resolution #116/03 b Moved by Councillor Pickles Seconded by Councillor Brenner That a further operative clause be added to read 'That staff be directed to enter into discussions with external parties to look at implementation over three years'. CARRIED - 5- Council Meeting Minutes Monday, July 28, 2003 11 : 15 PM Resoluti n #116/03 c Moved by Councillor Pickles Seconded by Councillor Brenner That the fourth operative clause be revised by adding 'subject to an appropriate agreement being entered into with the operator of the pontoon boat service'. CARRIED ~ That Councillor Ryan, seconded by Councillor Mclean, took leave to introduce by-laws of the City of Pickering: By-law Number 6163/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 5985/02, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in north Part of Lot 20, Concession 1, in the City of Pickering. (A 05/03) By-law Number 6164/03 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lot 30, Concession 2, (Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450), City of Pickering. (A 11/02) By-law Number 6165/03 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham for Block 24, Plan 40M-1482, in the Hamlet of Claremont, City of Pickering. (A 68/87) By-law Number 6166/03 Being a by-law for establishing policies regarding public notification requirements under the Municipal Act, 2001. Hereinafter called the Public Notification By-law. -6- Council Meeting Minutes Monday, July 28, 2003 11 : 15 PM By-law Number 6167/03 Being a by-law to establish the number of members of The City of Pickering Public Library Board. B -law Number 61681 3 Being a by-law to authorize the Chief Executive Officer of the City of Pickering Public Library Board to call the first meeting of the Board of each new term. By~law Number 6169/03 Being a by-law to require the owner or occupant of land to clean and clear the land. By-law Number 6170/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 591 Liverpool Road). BY-law Number 6171/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation - 650 and 705 Kingston Road. By-law Number 6173/03 Being a by-law to appoint By-law Enforcement Officers for certain purposes (Parking Regulation -1822 Whites Road and 1100 Begley Street). CARRIED THIRD READING: Councillor Ryan, seconded by Councillor McLean, moved that By-law Numbers 6163/03,6164/03, 6165/03, 6166/03, 6167/03, 6168/03, 6169/03, 6170/03, 6171/03 and 6173/03, 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. CARRIED -7- Council Meeting Minutes Monday, July 28,2003 11 :15 PM IV OTHER BUSINESS Councillor Johnson directed staff to contact Mr. Skretteberg concerning his presentation to Committee with respect to recognizing that Claremont was the birthplace of Tom Thomson. Resolution #117/03 Moved by Councillor Holland Seconded by Councillor McLean 1. That Council move In-Camera at 12:43 AM. CARRIED 2. The Chief Administrative Officer commented on Bowood Properties OMB Hearing. 3. The Chief Administrative Officer advised of correspondence from the Province with respect to the City's involvement in the study. 4. An update was provided by staff with respect to the Growth Management Study. Resolution #118/03 Moved by Councillor Holland Seconded by Councillor McLean That Council rise from this In-Camera session at 1 :05 AM. CARRIED Resolution #119/03 Moved by Councillor Pickles Seconded by Councillor McLean That Council authorize Dillon Consulting Limited, et aL, to undertake additional technical and public consultation work as part of Pickering's Growth Management Study, to an upset limit of $110,000 excluding GST and expenses, subject to the funding being secured from major landowners within the Study Area, recognizing the additional work -8- Council Meeting Minutes Monday, July 28, 2003 11:15 PM arises from the need to respond to new information from the completion of the Phase 1 and Phase 2 reports, and the Steering Committee's request for an additional public open house, and wherein more specifically the additional work shall address hydrogeological analysis, marketing analysis, additional technical evaluation and responses to comments, an additional public open house during Phase 2, and additional project meetings and management. CARRIED Recorded Vote: Yes: Councillor Brenner, Holland, McLean, Pickles, Ryan and Mayor Arthurs No: Councillor Johnson 5. The Chief Administrative Officer, staff and Mr. Oldman provided Council with information concerning a partnership opportunity. 6. Councillor Johnson advised Councillor Ryan, Council representative on the TRCA, of concerns raised by residents with respect to the trail being constructed by TRCA and the City. 7. Councillor Johnson advised of a concern received from a resident with regards to a neighbour placing patio stones on their property to the property line, three feet above grade. 8. The following matters were discussed prior to the regular meeting: Resolution #120/03 Moved by Councillor Ryan Seconded by Councillor Pickles That Council move In-Camera at 7:20 PM. CARRIED A discussion took place with respect to a New Integrated Waste Management Program. -9- Council Meeting Minutes Monday, July 28, 2003 11 :15 PM Resolution #121/03 Moved by Mayor Arthurs Seconded by Councillor Ryan That Council rise from this In-Camera session at 8:02 PM. CARRIED v CONFIRMATION BY-LAW BY-law Number 6174/03 Councillor Holland, seconded by Councillor 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 July 28. 2003. CARRIED VI ADJOURNMENT The Meeting adjourned at 2:03 AM DATED ~~~ MAYOR ~ ERK - 10- Appendix I Committee of the Whole Report COW 2003-7 That the Committee of the Whole of the City of Pickering having met on July 28, 2003, presents its seventh report to Council and recommends: 1. PLANNING & DEVELOPMENT REPORT PD 31-03 ZONING BY-LAW AMENDMENT APPLICATION A 07/03 1381190 ONTARIO LIMITED 701 KROSNO BOULEVARD BLOCK T, PLAN M15 (PARTS 2 AND 3. 40R-21463) 1. That Zoning By-law Amendment Application A 7/03, submitted by Jassie Khurana of Khurana Associates on behalf of 1381190 Ontario Limited (Ramesh Patel), on lands being Block T, Plan M15, Parts 2 and 3, 40R21463, City of Pickering, to amend the zoning by-law to permit the establishment of a convenience store in association with the existing gas bar on the subject lands, be APPROVED, subject to the conditions included in Appendix I attached to Report No. PD 31-03. . 2. PLANNING & DEVELOPMENT REPORT PD 28-03 ZONING BY-LAW AMENDMENT APPLICATION A 11/02 THE GIMI CONSTRUCTION COMPANY LIMITED 550 FINCH AVENUE PARTS 1 AND 3 OF PLAN 40R-10641 AND PART 2 OF PLAN 40R-11450 PART OF LOT 30. CONCESSION 2 1. That Zoning By-law Amendment Application A 11/02, submitted by GIMI Construction Ltd., be APPROVED, to permit retail, convenience-commercial, personal service, business and professional office, bakery and restaurant uses, for 550 Finch Avenue, being Parts 1 and 3 of Plan 40R-10641 and Part 2 of Plan 40R-11450, Part of Lot 30, Concession 2, City of Pickering; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/02, as set out in Appendix I to Report Number PD 28-03, be FORWARDED to City Council for enactment; and 3. That Council ADOPT a resolution noting that "the expanded list of uses to include professional and business office, bakery and restaurant uses is minor in nature and does not require recirculation of Application A 11/02". - 11 - Appendix I Committee of the Whole Report COW 2003-7 3. PLANNING & DEVELOPMENT REPORT PD 30-03 ZONING BY-LAW AMENDMENT APPLICATION A 05/03 GLEN HARPER 1905 VALLEY FARM ROAD NORTH PART OF LOT 20 CONCESSION 1 1. That Zoning By-law Amendment Application A 5/03, be APPROVED subject to conditions outlined in Appendix I to Report No. 30-03, to amend the existing zoning of the subject lands to a "SA-11" zone in order to permit the development of five townhouse dwelling units on the lands being the North Part of Lot 20, Concession 1 City of Pickering. 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 5/03, as set out in Appendix II to Report Number PD 30-03 be FORWARDED to City Council for enactment. 3. That the request made by Glen Harper to permit the division of the subject lands, 1905 Valley Farm Road, being the North Part of Lot 20, Concession 1, City of Pickering to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. PLANNING & DEVELOPMENT REPORT PD 29-03 DURHAM REGIONAL OFFICIAL PLAN REVIEW 4. 1. That Report Number PD 29-03 concerning Phase 2 - Consultation Process of the Durham Regional Official Plan Review be RECEIVED for information; and 2. That a copy of Report Number PD 29-03 be FORWARDED to the Region of Durham. 5. OPERATIONS & EMERGENCY SERVICES REPORT OES 19-03 TENDER T-2-2003 TENDER FOR RECONSTRUCTION OF ROUGEMOUNT DRIVE 1. That Report OES 19-03 regarding the Reconstruction of Rougemount Drive, be received; and - 12- ~ Appendix I Committee of the Whole Report COW 2003-7 2. That Tender T-2-2003, submitted by North Rock Limited for the Reconstruction of Rougemount Drive and related sidewalks in the amount of $1,104,022 (plus G.S.T.) and a net cost after G.S.T. rebate of $1,137,143, be accepted; and 3. That the total project cost of $1,251,924 including the tender amount, the Region of Durham's portion and other associated costs and a net total cost after recoveries and rebates of $842,958, be approved; and a) That the gross and net project cost be increased by $13,600 plus taxes to provide for the installation of flat lens style streetlights on existing or new poles. 4. That funding in the amount of $856,558 including transfers from Replacement Capital Reserve #4611 in the amount of $37,748, be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the project through the issuance of debentures through the Region of Durham; and a) That debt financing not exceed the amount of $818,000 for a period not exceeding 10 years, at a rate to be determined; and b) That financing and repayment charges in the amount of approximately $111,140 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 amount of $810 be financed from the 2003 Current Budget; and d) 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 e) That the Treasurer is authorized to take any actions necessary in order to effect the foregoing; and - 13- Appendix I Committee of the Whole Report COW 2003-7 6. That the appropriate City of Pickering officials be authorized to take necessary action to bring effect thereto. 6. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 07-03 FEDERAL GREEN SPACE LANDS STATUS UPDATE 1. That Report CAO 07-03, providing an update on Transport Canada's work on the Federal Green Space Lands, be received; and 2. That Transport Canada staff involved in the Green Space Project be invited to attend a future Pickering Council meeting to present their draft findings and conclusions with respect to the Project; and 3. That Transport Canada, in addition to obtaining the advise and assistance of the Green Space Stewardship Advisory Committee, also seek input from the affected municipal councils, affected tenants, and others interested in the Green Space Project, before finalizing a Master Plan for submission to the Minister; and 4. That a copy of this report be forwarded to Transport Canada's Green Space Project Team. 7. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 06-03 PICKERING NUCLEAR WASTE MANAGEMENT FACILITY EXPANSION CITY OF PICKERING'S COMMENTS ON DRAFT EA STUDY REPORT 1. That Report CAO 06-03, regarding the draft Environmental Assessment Study for the expansion of the Pickering Nuclear Waste Management Facility; be received with Item #11 of the summary of fER's other significant finds to be reworded as follows: 11. The cumulative effects assessment predicted that the effects on VECs do not possess a cumulative effects trigger. While the conclusions seem reasonable it will be extremely important to revisit these predicted effects during the follow-up and monitoring program, especially in light of the possible airport located some 12 km. to the North of PWMF II. - 14- ~. "l- I-I .-.. ~ Appendix I Committee of the Whole Report COW 2003-7 2. That the submission prepared by IER Planning, Research and Management Services, and Scimus Inc., attached as Attachment No.2 to this Report, be endorsed as the City's comments on the draft Environmental Assessment Study for the expansion of the Pickering Nuclear Waste Management Facility; and 3. That a copy of this Report, including the submission of IER/Scimus be forwarded to the Canadian Nuclear Safety Commission, Ontario Power Generation, the Canadian Association of Nuclear Host Communities, and the Nuclear Waste Management Organization for information. 4. That the City supports the current review of the Federal Nuclear Liability Act and the need to increase the liability insurance coverage that owners of nuclear facilities are required to carry. 8. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 08-03 DRAFT ENVIRONMENTAL ASSESSMENT TERMS OF REFERENCE HIGHWAY 407 EAST COMPLETION CITY OF PICKERING COMMENTS 1. That Council receive for information Report CAO 08-03 concerning the Draft Environmental Assessment Terms of Reference for the Highway 407 East Completion, prepared by Totten Sims Hubicki Associates (TSH) and Gartner Lee Limited for the Ministry of Transportation (MTO). 2. That Council endorse the following recommendations with respect to the Highway 407 East Completion Draft EA Terms of Reference: a) That the City be provided clear and compelling supportive arguments prior to considering any preferred alignment and associated links of the Highway 407 East extension that deviate significantly from the previously recommended alignment anticipated in Pickering. b) That options for the location, design and number of interchanges, transit stations, truck inspection stations and commuter parking lots in Pickering be developed and reviewed in consultation with the City. - 15- ~.O~ 1'1 ," I Appendix I Committee of the Whole Report COW 2003-7 3. That Council request MTO to expedite the Highway 407 East Completion EA process wherever possible and commence construction of the extension of Highway 407 from Brock Road eastward immediately following the conclusion of the EA process. 4. That Council request MTO to assist the City and Region of Durham in funding improvements to existing CitylRegional roads that have been negatively impacted and deteriorated from significant increased local traffic movements and volume resulting from the current Highway 407 East terminus being located in Pickering. 5. That a copy of this Report and. Council recommendations be forwarded to MTO and the Region of Durham. 9. PROCLAMATIONS "UNITED WAY WEEK" - SEPTEMBER 7 -13.2003 That Mayor Arthurs be authorized to make the following proclamation: "United Way Week" - September 7 - 13, 2003 10. CLERK'S REPORT CL 20-03 COMPOSITION OF THE CITY OF PICKERING PUBLIC LIBRARY BOARD 1. That Clerk's Report CL 20-03 regarding the composition of the City of Pickering Public Library Board be received. 2. That the draft by-law to provide for a Library Board of nine members be enacted. 3. That the draft by-law to authorize the Chief Executive Officer of the Library Board to call the first meeting of the Board of each new term be enacted. 4. That it be recommended to the new Council elected in the 2003 general municipal election that the Library Board be comprised of three Councillors and six members-at-Iarge. - 16-