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HomeMy WebLinkAboutDecember 20, 2004 Council Meeting Agenda Monday, December 20, 2004 7:30 PM (i) (11) ifil) (IV) 1. {v) 1. INVOCATION Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. ADOPTION OF MINUTES Regular Meeting of December 6, 2004 Special Meeting of December 13, 2004 PRESENTATION Bill Sorenberger, representing the Men's Progress Club, will present a plaque to honour the donation of a defibrillator unit at the Don Beer Arena. DELEGATIONS The following will address Council concerning growth in Greenwood: a) Loretta Brill, 3495 Westney Road b) John Wager, 2378 Concession 6 c) Serge Rielau, 3425 Greenwood Road d) Annette Ainsbury, 3520 Westney Road Sam Orrico, P. O. Box 24, Markham, will address Council concerning the Notice of Motion respecting the proposed airport. RESOLUTIONS To adopt the Executive Committee Report, Appendix II, dated November 22, 2004 PAGE 1-3 To consider Report CS 59-04 regarding the proposed 2005 6-15 Animal Services Budget. To adopt the Audit Committee Report, Appendix I, dated 4-5 December 6, 2004. Council Meeting Agenda Monday, December 20, 2004 7:30 PM To consider Report OES 39-04 regarding the Supply and Delivery of One Telescopic Boom Excavator. To consider Report OES 42-04 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF). (VI) BY-LAWS By-law Number 6413/04 Being a by-law to amend Restricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, north Part of Lot 14, Concession 9, City of Pickering. (A 03/04) By-law Number 6414/04 Being a by-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering, from title. By-law Number 6415/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1603, Pickering (save and except Lot 1 and Block 26), from title. By-law Number 6416/04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1602 (save and except Blocks 12 and 13) and Plan 40M- 1603 (save and except Lot I and Blocks 26 and 27), under the jurisdiction of the City of Pickering. By-law Number 6417/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. 16-23 24-36 37-38 39-40 41-42 43 44 2 Council Meeting Agenda Monday, December 20, 2004 7:30 PM By-law Number 6418~04 Being a by-law to provide for the establishment of a Reserve Fund to be known as the Dedicated Gas Tax Reserve Fund. By-law Number 6419~04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1609, Picketing, from title. By-law Number 6420~04 Being a by-law to amend By-law 2632~88 providing for the erection of stop signs. By-law Number 6421/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1607, Pickering, from title. By-law Number 6422~04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6423/04 Being a by-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1616, Picketing, from title. By-law Number 6424~04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, under the jurisdiction of the City of Pickering. By-law Number 6425~04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Blocks I to 6, Plan 40M-1599, Pickering, from title. 45 46-47 48 49-50 51 52-53 54 55-56 3 Council Meeting Agenda Monday, December 20, 2004 7:30 PM By-law Number 6426/04 Being a by-law to authorize the release and removal of the Subdivision Agreement relating to Plan 40M-1590, Pickering and the Amending Subdivision Agreement relating to Blocks 12 and 13, Plan 40M-1590, Pickering, together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816, Pickering, being Parts 1, 4 and 5, Plan 40R-12593, from title. By-law Number 6427/04 Being a by-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. By-law Number 6428/04 Being a by-law to assume the roads as public highways and the services within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12) and Plan 40M-1600 (save and except Blocks 43, 44 and 45), under the jurisdiction of the City of Pickering. By-law Number 6429/04 Being a by-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 as public highway. By-law Number 6430/04 Being a by-law to authorize the release and removal from title of the Subdivision Agreement relating to Plan 40M-1600, Pickering and respective amending agreements. By-law Number 6431/04 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2005. 57-58 59 60-61 62 63 64-65 -4- Council Meeting Agenda Monday, December 20, 2004 7:30 PM (VII) NOTICE OF MOTION 66-67 Moved by Councillor Pickles Seconded by Councillor Johnson WHEREAS by Resolution #212/98 the Federal Minister of Transport was advised that Council and residents of Pickering do not support the development of an airport; and WHEREAS in April 2001, the Federal Transport Minister announced that the Greater Toronto Airports Authority (GTAA) had been asked to determine the need for a future regional reliever airport on the Picketing lands; and WHEREAS a report prepared for the GTAA and released in September 2002 entitled "Pickering Lands Airport Planning Initiative - Financial Assessment Analysis" concluded that an airport based on a preliminary business model was feasible; and WHEREAS a Pickering Airport Draft Plan Report was released by the GTAA in November 2004, outlining a conceptual airport site layout, timeframes, and justification for a airport in Picketing, and that the GTAA announced that the Financial Assessment Analysis will be updated, and WHEREAS these reports are important early components of the rationale for the potential establishment of an airport in Picketing and were important sources in the development of an environmental assessment for the proposed airport, therefore, the City of Picketing should review the Analysis and provide a response to the GTAA; and WHEREAS these reports are very technical document and provides a very specialized field of analysis that staff of the City of Pickering do not have the expertise to review and comment on in a meaningful way; and WHEREAS the City has received sufficient funding from proponents in special planning studies and reviews impacting the City of Picketing, including but not limited to, Special Study Areas, Ontario Power Generation's Return to Service of Pickering 'A', -5- Council Meeting Agenda Monday, December 20, 2004 7:30 PM Ontario Power Generation's Waste Facility Expansion Study, and the Nuclear Waste Management Organization Review, and the Growth Management Study; NOW THEREFORE BE IT RESOLVED THAT it is essential to for the City of Pickering to obtain an independent review of the Picketing Airport Draft Plan Report and updated Financial Assessment Analysis at this time, prior to the initiation of an environmental assessment, to protect the interests of the residents and corporation of the City of Pickering, and THAT City of Picketing acquire the consulting services to undertake a peer review of the Picketing Airport Draft Plan Report and updated Financial Assessment Analysis, and THAT City of Picketing staff prepare an appropriate terms of reference, procedure (e.g. request for proposals), and proposed budget for a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis for Council's consideration at a scheduled Council meeting to be no later than the end of January 2005, and THAT the City of Pickering in the interim request that the Federal Transport Minister and the CEO of the Greater Toronto Airports Authority (GTAA) provide sufficient funding in order for the City of Picketing to acquire the appropriate qualified expert services to review the Pickering Airport Draft Plan and updated Financial Assessment Analysis and provide meaningful comments and recommendations to the Council and City of Pickering; and THAT the Mayor, on behalf of the City of Pickering, formally make this request in writing to the Transport Minister and the President and CEO of the GTAA, with a copy to the Members of Parliament for Ajax-Pickering and Pickering-East Scarborough, and Members of Provincial Parliament for Ajax-Pickering and Uxbridge. Moved by Councillor Brenner Seconded by Councillor Ashe WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly Street, between Whites Road and West Shore 68-69 -6- Council Meeting Agenda Monday, December 20, 2004 7:30 PM Boulevard, have expressed concern respecting the impact of noise from Highway #.401, the CNR line, and VIA train activity, and Bayly Street, on their living environment; and WHEREAS the homes in this area of the City were constructed in the 1960's and 1970's, prior to the construction of Bayly Street between Whites Road and West Shore Boulevard; and WHEREAS residents have continually expressed concern over the increase in noise levels that has occurred over the years as each of the noise sources was established and/or increased in intensity; and WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the Ministry of Transportation Staff advised that it is reasonable to consider this area of the City for retrofit measures to address noise concerns through attenuation fencing, based on the principle of cost sharing by all parties; and WHEREAS the City of Pickering acknowledges the significance of area resident concerns respecting noise levels in this area of the City and the impact of noise on the residential living environment; and WHEREAS Bayly Street is under the jurisdiction of the Region of Durham which has expertise and experience in addressing retrofit solutions to noise attenuation matters; NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the Regional Municipality of Durham to coordinate a review of potential noise attenuation measures and implementation strategies to address resident concerns in the area of Bayly Street between West Shore Boulevard and Whites Road, and that such investigation include staff from the Ministry of Transportation, the CNR, GO Transit, Region of Durham, City of Pickering and area residents; and FURTHER THAT the Region of Durham advise the City of Picketing of the work program that it intends to undertake to address this matter; and FURTHER THAT a copy of this resolution be forwarded to: -7- Council Meeting Agenda Monday, December 20, 2004 7:30 PM Minister of Transportation, the Honourable Harinder S. Takhar Development Review Coordinator, CN Railway Properties, Mr. G. Woods Managing Director & CEO, GO Transit; Mr. G. McNeal Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA Regional Council Mark Holland, MP, Ajax-Pickering. Hon. Dan McTeague, P.C., MP Pickering-Scarborough East (VIII) OTHER BUSINESS (IX) CONFIRMATION BY-LAW (X) ADJOURNMENT -8- RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Executive Committee EC 2004-20, dated December 13, 2004, be adopted. Appendix II Executive Committee Report EC 2004-19 That the Executive Committee of the City of Pickering having met on December 13, 2004, presents its twentieth report to Council and recommends: PLANNING & DEVELOPMENT REPORT PD 45-04 ZONING BY-LAW AMENDMENT APPLICATION A 03~04 DAVID CHESTER 2195 UXBRIDGE-PICKERING TOWNLINE ROAD (NORTH PART OF LOT 14, CONCESSION 9) That Zoning By-law Amendment Application A 03/04, be APPROVED as set out in the draft by-law amendment attached as Appendix I to Report PD 45- 04, to amend the existing zoning on the subject lands to permit a bed and breakfast and a 75 square metre home-based business, on lands being North Part of Lot 14, Concession 9, City of Pickering. That the amending zoning by-law to implement Zoning By-law Amendment Application A 03/04, as set out in Appendix I to Report Number PD 45-04, be FORWARDED to City Council for enactment. CORPORATE SERVICES REPORT CS 49-04 2005 TEMPORARY BORROWING BY-LAW That Report CS 49-04 of the Director, Corporate Services & Treasurer, be received; and That the temporary borrowing limit to meet 2005 current expenditures pending receipt of taxes and other revenues be established at $25,000,000 for the period January 1, 2005 to September 30, 2005 inclusive, and $12,500,000 thereafter until December 31, 2005; and That the temporary borrowing limit for capital purposes for 2005 be established at $15,000,000; and That 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. -6- PICI ERING Appendix II Executive Committee Report EC 2004-19 CORPORATE SERVICES REPORT CS 56-04 ESTABLISHMENT OF THE DEDICATED GAS TAX RESERVE FUND That Report CS 56-04 of the Director, Corporate Services & Treasurer concerning Establishment of the Dedicated Gas Tax Reserve Fund, be received; and That Council authorize and approve the establishment of the Dedicated Gas Tax Reserve Fund; and That Council endorse the use of the 2004 gas tax funds to offset Pickedng's share of the costs for funding the Ajax Pickering Transit Authority; and That 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. CORPORATE SERVICES REPORT CS 45-04 TULLIS COTTAGE DESIGNATION 1705 SEVENTH CONCESSION ROAD That Report CS 45-04 regarding the designation of the Tullis Cottage, 1705 Seventh Concession Road, be received; and 2. That the Tullis Cottage be designated as a Heritage Property. CORPORATE SERVICES REPORT CS 46-04 EVER GREEN VILLA DESIGNATION 3970 BROCK ROAD CONCESSION 6, LOT 19 1. That Report CS 46-04 regarding the designation of Ever Green Villa, 3970 Brock Road, be received; and 2. That the Ever Green Villa be designated as a Heritage Property. 7 Appendix II Executive Committee Report EC 2004-19 CORPORATE SERVICES REPORT CS 58-04 SECTION 354/357/358 OF THE MUNICIPAL ACT -ADJUSTMENT TO TAXES That Report CS 58-04 of the Director, Corporate Services & Treasurer concerning Section 354/357/358 of the Municipal Act - Adjustment to Taxes, be received; and That the write-off of taxes as provided under Section 354/357/358 of the Municipal Act, 2001 be approved; and That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. OPERATIONS & EMERGENCY SERVICES REPORT OES 38-04 CONSTRUCTION PRIORITIES FOR REGIONAL ROADS -WITHIN THE CITY OF PICKERING That Report OES 38-04 recommending Regional Road construction priorities within the City of Pickering be received, endorsed and forwarded to the Regional Municipality of Durham requesting that its recommendations be considered in the 2005 Budget and Four-Year Capital Forecast. -8- 004 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That the Report of the Audit Committee AC 2004-01, Appendix I, dated December 6, 2004, be adopted. Appendix I Audit Committee Report AC 2004-01 O05 That the Audit Committee of the City of Pickering having met on December 6, 2004, presents its first report to Council and recommends: 1. 2004 AUDIT - AUDITOR'S WORKPLAN That the Audit Plan, Year Ending December 31, 2004, submitted by Deloitte & Touche, including the proposed increase in fees to provide for increased audit standards as required by the Canadian Institute of Chartered Accountants, be accepted. 2003 AUDIT MANAGEMENT LETTER That the final comments as provided by the Director, Corporate Services & Treasurer regarding the "Auditor's Management Letter" dated June 7, 2004 submitted by Deloitte & Touche, be accepted. CORPORATE SERVICES REPORT CS 32-04 PROCESS REVIEWS AND BEST PRACTICES - OUTSIDE AGENCY SERVICES 1. That Report CS 32-04 of the Director, Corporate Services be received for information; and That the Audit Committee recommend to Council that the engagement of service providers, as provided for in the Council Compensation and in the Communications Policies, by Councillors be as described in this report less the requirement that a Purchase Requisition and Purchase Order be issued; and 3. That the appropriate staff of the City of Pickering be given authority to give effect thereto. -3- OOi; RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget, be received; and That the Council of the Corporation of the City of Pickering hereby approves the 2005 Animal Services Budget as recommended by the Pickering-Ajax-Whitby Joint Animal Services Committee at its meeting of November 30, 2004. REPORT TO COUNCIL Report Number: CS 59-04 Date: December 14, 2004 F rom: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2005 Animal Services Budget Recommendation: That Corporate Services Report CS 59-04 regarding the proposed 2005 Animal Services Budget be received. That the Council of the Corporation of the City of Pickering hereby approves the 2005 Animal Services Budget as recommended by the Pickering-Ajax-Whitby Joint Animal Services Committee at its meeting of November 30, 2004. Executive Summary: The PAW Joint Animal Services Committee is recommending the approval of the Year 2005 Capital and Operating Budget for the Animal Services Centre in the amount of $744,800.00 of which Pickering's share is $246,455.84. Financial Implications: Current Capital TOTAL $236,455.84 10,000.00 $246,455.84 (Pickering's share only) (Pickering's share only) Background: The PAW Joint Animal Services Committee passed the following motion at its meeting of November 30, 2004: OO8 Report CS 59-04 2005 Animal Services Budget December 14, 2004 Page 2 That the Pickering-Ajax-Whitby Joint Animal Services Committee adopt the 2005 animal services budget as set out in Attachment #2 in the Treasurer's Report, item 8-04; and That the budget be submitted to the Council's of Pickering, Ajax and Whitby for approval. Attached to this Report is a copy of the PAW Committee Treasurer's Report 8-04 for your information. It is important to note that the Committee recommends the adoption of the budget set out in Attachment #2 in the Treasurer's Report and not Attachment #3 which provides for a six percent administration fee. The City of Picketing entered into an Agreement with Ajax and Whitby respecting the operation of the Animal Services Centre that allocates operating expenses on a per capita basis and capital expenses on an equal basis. Therefore, in 2005, Pickering is responsible for 33.08% of the total operating costs of $714,800 being $236,455.84 and is responsible for 33.33% of the total capital costs of $30,000 being $10,000 for a total of $246,455.84. The 2005 Animal Services budget, including current and capital expenditures is a decrease of one percent over 2004. The population figures used in the Committee Treasurer's Report are based on population data gathered by the Municipal Property Assessment Corporation in 2003 for the general municipal election. These figures are used to compute the apportionment of the Animal Services budget for 2004, 2005 and 2006. Attachments: 1. PAW Committee Treasurer's Report 8-04 Prepared By: .-"Bruce Taylor City Clerk Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachment CORP0227-07/01 Report CS 59-04 December 14, 2004 2005 Animal Services Budget Page 3 Recommended for the co~eration of Pickering ~ (Thomas J. ~.nri':(.Chie"f Administrative Officer CORP0227-07/01 TREASURER'S REPORT TO THE PICKERING. AJAX-WHITBY JOINT ANIMAL SERVICES COMMITTEF Item: 8-04 November 30, 2004 Subject: 2005 Animal Services Budget Recommendation: That the Pickering-Ajax-Whitby Joint Animal Services Committee adopt the 2005 animal services budget as set out in the Treasurer's Report, Item 8-04; and, That the budget be submitted to the Council's of Picketing, Ajax, and Whitby for approval. ,Ori,qin: The proposed 2005 animal services budget is set out in Attachment No.1 to this report. Analysis: The budget provides for an increased service level. In accordance with the directions of the Pickering-Ajax-Whitby (P.A.W.) Joint Animal Services Committee, the budget provides for an extended work schedule and the implementation of a responsible pet ownership program. The budget also provides for the replacement of an animal services vehicle. Alternatives: N/A Existinq Policy: N/A Financial Considerations: By agreement, operating revenues and expenditures are apportioned on a per capital basis between the City of Pickering and the Towns of Ajax and Whitby. Capital expenses are shared equally by the three municipalities. The municipal apportionment of the estimates is shown in Attachment No.'s 2 and 3 to this report. As requested by the P.A.W. Committee, municipal apportionments are provided for the Committee's consideration both with and without a 6% administration fee to COver Ajax's and Pickedng's shares of Whitby's overhead costs. 0 ATTACHMENT NO. 1 BUDGET NOTES 0i3 ACCOUNT ,Operafine Expenses: Salaries, Wages, Benefits Uniforms and Clothing Water Advertising, Promotion and Special Projects Equipment Rental - External Pound and Services Fees Animal Adoption Vehicle Replacement EXPLANATION Replacement of full-time animal services position with part-time position. Based on previous years' experience. Reflects 2004 experience. Provision made for the implementation of a Responsible Pet Ownership Program. Basedon2003 and 2004 years' experience. Reflects 2003 and 2004 years' experience. Reflects 2003 and 2004 years' experience. Replacemem of an animal services 1998 vehicle as per recommendation of the service department. 014 0~5 0!, RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received; and That Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,662 (GST and PST extra) be accepted; and That the total purchase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be approved; and That the total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt; and a) That debt financing through the Region of Durham in the amount of $255,000 for a period not exceeding 5 years, at a rate to be determined be approved; and b) c) That financing and repayment charges in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and That the Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) That the Treasurer be authorized to take any actions necessary in order to effect the foregoing; and That staff at The City of Pickering be given the authority to give effect hereto. 0 _1 '7 0!3 PICKERING REPORT TO COUNCIL Report Number: OES 39-04 Date: December 2, 2004 Fro m: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Supply and Delivery of One Telescopic Boom Excavator Q-41-2004 Recommendation: 1. That Report OES 39-04 regarding the supply and delivery of a Telescopic Boom Excavator be received and that; 2. Quotation No. Q-41-2004 submitted by Strongco Equipment for the supply and delivery of a Badger Model 460 Telescopic Boom Excavator with the specified attachments in the amount of $294,662 (GST and PST extra) be accepted; 3. The total purchase cost of $338,861.30 and a net purchase cost of $318,234.96 including specified attachments for the equipment be approved; Total revised funding of $318,234.96 with $255,000 of five year debt as provided for in the 2004 Capital Budget and an additional $63,000 in a five year internal loan and $235 from current funds be approved; and 5. That Council authorize the Director, Corporate Services & Treasurer to finance the purchase through the issuance of debt. a) Debt financing through Region of Durham in the amount of $255,000 for a period not exceeding 5 years, at a rate to be determined be approved; b) Financing and repayment charges in the amount of $58,900 be included in the annual current budget for the City of Pickering commencing in 2005 and continuing thereafter until the loan is repaid; and c) The Director, Corporate Services & Treasurer has certified that this loan and the repayment there of falls within the City's debt and financial obligations approved annual repayment limit for debt and other financial obligations for 2004 as established by the Province for Municipalities in Ontario; and d) The Treasurer be authorized to take any actions necessary in order to effect the foregoing; and 6. Staff at The City of Pickering be given the authority to give effect hereto. Report Subject OES 39-04 Date: December 2, 2004 Supply and Delivery of One Telescopic Boom Excavator Page 2 Q 41-2004 023 Executive Summary: The purchase of a Telescopic Boom Excavator has been identified and approved in the 2004 Capital Budget. This machine will replace Municipal Property & Engineering Division's existing unit number 110, a 1989 Badger 460. The Hydroscopic Boom Excavator is an integral piece of heavy equipment capable of performing a variety of tasks. Curb and sidewalk construction and repair, ditching to address standing water concerns, as well as trenching and excavating are jobs performed with this versatile piece of equipment. Supply & Services invited two (2) vendors to participate in the bidding process. Upon careful examination of all quotations received by Supply & Services as well as extensive field evaluation and testing, the Municipal Property & Engineering Division recommends acceptance of the Iow bid submitted by Strongco Equipment in the amount of $294,662.00 (GST and PST extra), and that the total net purchase cost of $318,234.96 be approved. Financial Implications: 1. Source of Funds: Account 2004 Capital Budget 2320/6178 Telescopic Boom Excavator -5 year debt 5-year Internal Loan Current Funds Proiect Code 04-2320-004-00 Amount $255,000 $ 63,000 $ 235 $318,235 2. Estimated Project Costing Summary Q-41-2004 Telescopic Boom Excavator Air-conditioning tax Trade in credit for Unit 110 Sub Total. G.S.T. P.S.T. Total Purchase Cost G.S.T. Rebate Net Purchase Cost $314,562.00 $100.00 ($2o,ooo.oo) $294,662.00 $20,626.34 $23,572.96 $338,861.30) ($20,626.34) $318,234.96 CORP0227-07/01 Report Subject OES 39-04 Date: December 2, 2004 Supply and Delivery of One Telescopic Boom Excavator Page 3 Q 41-2004 o Purchase Cost (Under) Over Approved Funds $63,235 Note, the overexpenditure is understated due to the GST 3% rebate savings that was already captured in the 2004 Current Budget. The Director, Corporate Services & Treasurer has reviewed the budgetary implications and has provided the recommendations for the financing of the expenditures contained in this report. This overexpenditure is due to increasing costs for such specialized equipment and the fact that the City has not acquired such equipment for several years resulting in the use of an obsolete estimate for budget purposes. Background The hydroscopic boom excavator is one of the most versatile and integral pieces of equipment within the Municipal Operation's fleet. As one of the City's largest unit, it is used for rural road maintenance (ditching and culvert replacements/installations), sidewalk removals, excavating, catch basin repairs, playground replacement and many other key operating functions. In 2004, one of the City's two 460 Badgers, unit 110, was identified for replacement. The replacement of this important unit required a detailed and comprehensive process to ensure the City of Pickering acquired the right piece of equipment at a market competitive price. The process began with Fleet Operations, in conjunction with Supply & Services initiating a technical review of equipment related to need. Two vendors, Strongco Equipment and Amaco Construction Equipment Company, provided technical information, which included load and safety specifications for a Badger Model 460 and a Gradall Model 4100 respectively. From there, equipped with a prepared set standard criteria developed for evaluation purposes, key staff attended an operations demonstration. This demonstration afforded City of Pickering staff an opportunity to test and evaluate the equipment's capabilities using the pre-determined criteria. Some of the tests included placing the equipment in situations that reflect "real-life" scenarios. Lifting, digging, grading and maneuvering operations were trialed and evaluated in order to assess performance. In addition, other "like" organizations (private and public) were consulted about their experiences with the equipment in order to add yet another level of information, to best assess the equipment and put the municipality in a better position to make an informed decision. After each case and after every session, a findings brief was prepared for the file. Once the initial assessment was completed and a determination was made of the most suitable specifications, Quotation Q-41-2004 was developed and released by the Corporation to the two vendors that participated in the initial examination. The result of this extensive process was that the preferred excavator and vendor, based on price, CORP0227-07/01 Report Subject OES 39-04 Date: December 2, 2004 Supply and Delivery of One Telescopic Boom Excavator Page 4 Q 41~2004 O22 was a Badger Model 460 distributed by Strongco Equipment. At $294,662.00 excluding applicable taxes, it represents the best value for the Corporation. The total net cost of approximately $318,235 is $63,235 over the amount provided for in the 2004 budget which will be financed through a combination of internal loans and currents funds. Attachments: 1. Memo from Supply & Services dated October 19, 2004 Prepared By: · urant Smith Superv~or, Fleet Operations Yera Felgo/macher Manager, Supply & Services ~(Acting) Chief Administrative ~fficer Ri¢ rd W. H-C orn, P. Eng. ~i'vision Head (Municipal Property & Engineering Gillis A. Paterson Director, Corporate Services & Treasurer RH/vn Attachments Copy: Chief Administrative Officer Recommended~n'lh-~onsi~/~tion of Pickering ~.,)omas U.~rFH, ¢_,h'Fe'¢ Adm n strative Officer CORP0227-07/01 O22 CORPORATE SERVICES DEPARTMENT MEMORANDUM October 1 To: From: Subject: 9,2004 Richard Holborn Division Head, Municipal Property & Engineering Bob Kuzma Purchasing Analyst Q-41-2004 - Hydroscopic Excavator Closing: Friday, October 15, 2004, 12:00 Noon During and subsequent to Quotation No. Q-27-2004, Supply & Services and Fleet Operations conducted equipment demonstrations on telescopic/hydraulic boom excavators. Upon review of the equipment performance and capabilities, two manufacturer brands, Gradall Model 4100 II and Badger Model 460 were deemed capable of providing an excavator for the City's requirements. Due to the identification of a specific manufacturer model and the inclusion for an optional provision to trade in the existing excavator in an effort to reduce the capital cost, Quotation No. Q-41-2004 was developed and released based on the revised specifications. In conformance to the Ontario/Quebec Trade Agreement, an advertisement was placed on the City's website to ensure competition was maintained. Quotations were invited from two manufacturer distributors, Strongco Equipment and Amaco Construction Equipment Company, both have confirmed their designated distributorship in Ontario. Bidders have acknowledged Addendum #1 and have enclosed all information requested including a list and prices of optional equipment and a statement regarding after-sales support. Copies of quotation documents are attached. Quotations shall be irrevocable for 60 days after the offiCial closing date and time. Please review information provided and advise if the Iow bid submitted by Stongco Equipment is acceptable. In accordance with Purchasing Policy Item 04.05 revised, an award exceeding $79,626.00 is subject to Council approval. Richard Holborn October 19, 2004 Page 2 O23 Include in your report to Council: 1. if reference information is acceptable 2. the appropriate account number(s) to which this work is to be charged and the budget amount(s) assigned thereto 3. Treasurer's confirmation of funding 4. related departmental approvals 5. any reason(s) why the Iow bid of Strongco Equipment is not acceptable, and 6. related comments specific to the project. Approved 2004 Capital Budget Capital Project Debt- 5 Year Debt Code Financing DescriPtion 04-2320-004-00 $255,000.00 Hydroscopic Boom Excavator- Replace Unit # 110 Summary Company Equipment Optional Cost Trade-In G.S.T. P.S.T. Total Offered Strongco Equipment $314,662.00 ($20,000.00) 20,626.34 23,572.96 $338,861.30 Amaco Construction $325,100.00 ($3,500.00) 22,512.00 25,728.00 $369,840.00 Equipment Please do not disclose pricing to enquiring bidders. Bidders will be advised of the outcome. Subject to Council approval, an approved "on-line" requisition will also be required to proceed. If you require further information, please feel free to contact me. bk/ Attachments /B. KU'Zma /'¢~-"~ O24 RESOLUTION OF COUNCIL DATE MOVED BY SECONDED BY That Report to Council OES 42-04 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) be received; and That the Corporation of the City of Pickering is prepared to participate in COMRIF through the submission of an application for Intake One by the application deadline of January 10, 2005; and That the City of Pickering's participation in COMRIF shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $1,730,300 and a net estimated cost of $576,767, at the following locations as its highest priority: · Greenwood Bridge · Bulmer Bridge · Palmer Bridge · Michell Bridge · Reesor Creek Bridge That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and That the COMRIF project be identified as a Capital pdodty in the 2005 Capital Budget, subject to receiving approval of funding by COMRIF; and 6. That the appropriate officials of the City of Pickering be given authority to give effect thereto. O23 REPORT TO COUNCIL Report Number: OES 42-04 Date: December 7, 2004 From: Richard W. Holborn, P. Eng. Division Head, Municipal Property & Engineering Subject: Canada-Ontario Municipal Rural Infrastructure Fund -(COMRIF) -Proposed Pickering Project Recommendation: That Report to Council OES 42-04 regarding the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) be received; and that Council approve the following recommendations; and That the Corporation of the City of Pickering is prepared to participate in COMRIF through the submission of an application for Intake One by the application deadline of January 10, 2005; and That the City of Pickering's participation in COMRIF shall consist of an undertaking of a bridge deck replacement program, at a total estimated cost of $1,730,300 and a net estimated cost of $576,767, at the following locations as its highest priority · Greenwood Bridge · Bulmer Bridge · Palmer Bridge · Michell Bridge · Reesor Creek Bridge; and That staff be given authority to prepare and submit the necessary documentation for the on-line application including a resolution by Council; and That the COMRIF project be identified as a Capital priority in the 2005 Capital Budget, subject to receiving approval of funding by COMRIF. The appropriate officials of the City of Pickering be given authority to give effect thereto. Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December7,2004 Page 2 027 Executive Summary: The Federal and Provincial Governments have announced a new funding program (COMRIF) for infrastructure renewal for municipalities with a population of less than 250,000. The City has an opportunity to apply for funding for a project meeting the criteria by the deadline date of January 10, 2005, subject to a Council Resolution. Report OES 42-04 briefly discusses the details of the program and recommends a project for Council's approval. Financial Implications: Under COMRIF, the Governments of Canada and Ontario have each committed up to $298 million. With municipal contributions, this program is expected to generate approximately $900 million in infrastructure investment needs, over the proposed three "Intakes" or phases. Unlike the Canada-Ontario Infrastructure Work Program (COIW) in 1994, there is no set allocation of funds for each municipality. Municipalities that apply to COMRIF are in competition for project and funding approval. The City of Pickering's project consisting of five bridge deck replacements is estimated at $1,730,300 of which, if approved for funding, Pickering's share would be $576,767 representing one third of the cost of the project which would be financed through the issuance of debt. Since two of the five locations are on boundary roads under joint ownership with neighbouring municipalities, there is a potential to cost share with the other municipality. Staff of the Operations & Emergency Services Department and the Corporate Services Department will work together on this application as it is a very significant source of financing the balance of the costs of $1,153,533. Background: On Monday, November 15, 2004, the Federal and Provincial Governments and the Association of Municipalities of Ontario (AMO) announced the $900 million Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF). This five-year program of infrastructure renewal has been made available to small urban and rural communities with a population of less than 250,000. Each partner (federal, provincial and local municipality applicant) will share the cost of the project equally at one third each. COMRIF is a five-year program that has been divided into three intakes. The first intake, November 2004, has an application deadline of January 10, 2005. Intake Two and Intake Three are anticipated for spring 2005 and spring 2006. All projects will have to be completed by March 31, 2009. Eligible municipalities can submit only one application per intake. This report responds to the criteria set for Intake One. As more information becomes available for Intake Two and Intake Three, Council will be advised as to the City's eligibility and proposed projects. CORP0227~07/01 O2,3 Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December 7, 2004 Page 3 The focus for Intake One COMRIF is infrastructure renewal and improvements in the following areas: i. Water ii. Wastewater iii. Local bridges and roads iv. Solid waste management "Green" infrastructure is COMRIF's top priority and approximately 55% of the funding has been earmarked for projects involving water quality, sustainable communities, climate change and innovations. For Intake One, the projects must be considered as construction ready, meaning any Environmental Assessment work should be complete and the project ready to proceed to detail design, and preparation of construction drawings and contract documents. Successful applicants will be required to enter into a Contribution Agreement with the Province of Ontario. This is consistent with the requirements of the COMRIF agreement. Costs that will be eligible for COMRIF funding must be directly related to the project and incurred after the signing of the COMRIF agreement. Proposed City of Pickering Project: Staff from the Operations & Emergency Services Department met with the (Acting) Chief Administrative Officer to discuss potential projects that were a best fit for the criteria and priorities established by COMRIF. It was decided that a project consisting of several bridge deck replacements at a total cost of approximately $1,730,300 would be recommended to Council. In February 2004, the City received the results of four bridge deck condition surveys that were undertaken by Totten Sims Hubicki (TSH) in the fall of 2003. The City had also completed a bridge deck condition survey for one additional bridge in fall 2002. The bridges referred to are discussed in detail below. Bulmer Bridqe Over Duffins Creek A Bridge Deck Condition Survey was carried out in September 2002. The Bulmer Bridge is located on the Fifth Concession Road, 0.30 km west of Greenwood Road in the City of Pickering. The existing Bulmer Bridge, which was constructed about 1938 over the Duffins Creek, is a 18.3 m single span concrete rigid frame bridge with a concrete deck and an asphalt wearing surface. The deck is supported on concrete abutments constructed normal to the road alignment. Based on the results of the inspection and testing program of the Bulmer Bridge, it is recommended that the bridge deck be replaced, waterproofed and paved over with hot mix asphalt. The existing concrete handrails and curbs would be removed and the bridge deck widened to provide a minimum 7.0 m CORP0227-07/01 Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December 7, 2004 Page 4 O23 between the new concrete parapet walls. The deck abutments and wingwalls should also be restored. New guide rail with eccentric loader end treatments should also be installed to all quadrants of the structure. The asphalt road approaches should be adjusted to the new deck profile. The estimated costs to undertake this work and extend the service life of the structure by 25 + years is $291,500. The bridge is on a boundary road under joint jurisdiction with the Town of Ajax and cost sharing options will be discussed. The detail design for the rehabilitation work and all the necessary approvals are in place. Palmer Bridge Over Duffins Creek A Bridge Deck Condition Survey was carried out in October 2003. The Palmer Bridge is located on Valley Farm Road, 0.4 km north of Finch Avenue in the City of Pickering. The existing Palmer Bridge, which was constructed about 1965 over the Duffins Creek, is a 24.4 m single span precast concrete girder bridge with a concrete deck and an asphalt wearing surface. The bridge deck is supported on seven lines of precast concrete girders which are supported on concrete abutments constructed normal to the roadway alignment. Based on the results of the inspection and resting program of the Palmer Bridge, it is recommended that the existing asphalt wearing surface, concrete deck, concrete curbs and handrail system be removed and replaced. A new concrete sidewalk should be constructed along the east side of the deck. The deck joints should be eliminated at the abutment walls and the walls restored. New guide rail eccentric loader end treatments should be installed to all quadrants of the structure. The asphalt road approaches should be adjusted to the new deck profile and rock protection on the southeast embankment is required. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $453,200. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Greenwood Bridqe Over Duffins Creek A Bridge Deck Condition Survey was carried out in October 2003. The Greenwood Bridge is located on the Sixth Concession Road, 0.15 km west of Greenwood Road in the City of Pickering. The existing Greenwood Bridge, which was constructed about 1970 over the Duffins Creek, is a 21.3 m single span precast concrete girder bridge with a concrete deck and concrete wearing surface. Five deep precast concrete girders are supported on concrete abutments at a 30 degree skew to the roadway alignment. Based on the results of the inspection and testing program of the Greenwood Bridge, it is recommended that the existing concrete deck, curb, sidewalk and median be removed and replaced. The deck joints should be eliminated at the abutment walls and the walls restored. New steel beam guide rail and end treatments should be installed on the structure approaches. The asphalt road approaches should be adjusted to the new deck profile. The estimated cost to undertake this work and extend the service life of the structure by 15 to 20 years is $460,900. The detail design for the rehabilitation work and all the necessary approvals would have to be prior to tendering this project. CORP0227-07/01 03O Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December7,2004 Page 5 Michell Bridqe Over Reesor Creek A Bridge Condition Survey was carried out in November 2003. The Michell Bridge is located on the Seventh Concession Road, 0.80 km west of Sideline 32 in the City of Pickering. The existing Michell Bridge, which was constructed about 1962 over the Reesor Creek, is 15.2 m single span concrete rigid frame bridge with a concrete deck and a gravel wearing surface. The concrete deck is supported on concrete abutments constructed at 30 degrees to the roadway alignment. Based on the results of the inspection and testing program of the Michell Bridge, it is recommended that the existing gravel wearing surface, granular base, concrete and handrail systems be removed and replaced. The existing the concrete deck needs to be removed and replaced. The new deck will also require waterproofing and asphalt pavement. The concrete deck soffit, retaining walls and wingwalls are to be rehabilitated. The road approaches should be adjusted to match the new deck profile. A new steel beam guide rail with end treatments should be connected to the new concrete parapet walls. The estimated costs to undertake this work and extend the service life of the structure by 15 to 20 years is $257,400. The detail design for the rehabilitation work and all the necessary approvals would have to be completed prior to tendering this project. Reesor Creek Bridqe A Bridge Deck Condition Survey was carried out in November 2003. The Reesor Creek Bridge is located on the Pickering Uxbridge Townline Road, 0.60 km east of Regional Road 30 in the City of Pickering. The existing Reesor Creek Bridge, which was constructed about 1940 is single span concrete slab bridge with a concrete deck supporting a variable depth granular base and asphalt wearing surface. The concrete deck is supported on concrete abutments constructed normal to the roadway alignment. Based on the results of the inspection and testing program of the Reesor Creek Bridge it is recommended that the existing asphalt wearing surface, granular base, concrete deck, concrete curbs, concrete posts and handrail system be removed and replaced. A new steel thrie beam guide rail needs to be constructed along the outside edges of the deck. The new deck will also require waterproofing along with asphalt pavement. The concrete wingwalls need to be rehabilitated and restored to original dimensions. The road approaches need to be adjusted to match the the new deck profile. A new steel beam guide rail with eccentric loader end treatments is to be constructed to the bridge. The estimated costs to undertake this work and extend the life of the structure 15 to 20 years is $267,300. The bridge is on a boundary road under joint jurisdiction with the Township of Uxbridge and cost sharing options will be discussed. The detail design for the rehabiltation work and all the necessary approvals would have to be completed prior to tendering this project. CORP0227-07/01 Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December 7, 2004 Page 6 031 Other Projects Considered When considering projects that would meet the criteria and priorities set for Intake One, there were a number of road reconstruction projects that were also considered suitable. These projects include: 1. Valley Farm Road urbanization and Safety Improvements 2. Toy Avenue Urbanization 3. Sandy Beach Road - Bridge replacement @ Hydro Marsh 4. Seventh Concession Road - Surface Treatment 5. Appleview Road Urbanization 6. Sheppard Avenue Urbanization $ 400,000 $ 5OO,OOO $ 800,000 $ 85O,OOO $1,5OO,OOO $2,000,000 Although all of the above are viable projects, it was determined that grouping five bridge deck replacements into one project application would provide an "economies of scale" approach to the City's failing bridge infrastructure, and an opportunity to play "catch up" in this area of infrastructure renewal. Application Process The COMRIF application is an "on-line" process that staff will undertake after direction from Council is received. One of the components to the application is a Council resolution endorsing the project as the municipality's highest priority. Attachments: 1. Location Maps (4) CORP0227-07/01 Report OES 42-04 Subject: Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Proposed Pickering Projects Date: December 7, 2004 Page 7 Prepared By: Ri,cl'fard W. Ho¢orn, P. Eng. /BI'vision Head (Municipal Property & Engineering Approved / Endorsed B : Everett i~~ (Acting) Chief Ad tive Officer Gillis Paterson Director, Corporate Services & Treasurer RH:ds Attachments J:\REPORTS TO COUNClL\COUNClL\OES42-04.doc Copy: Chief Administrative Officer Recommend/ed. for the c~Ft~sideration of Pickering~ Thomas J. O~, C~/Administrative Officer / CORP0227-07/01 Ai~TACHHENT# ~ TO REPORT#~ G2.-O~ I J ~L I ¥ ~- ~ ~~'~E-3~S;t)~TH i CON. BULMER ~ OPERATIONS & EMERGENCY MUNICIPAL PROPER~ & EN~NEER~N~ D~WS~ON GREENWOOD BRIDGE No. 20 ~Thematic Mapplng\Map~\MP~E - Englneerfng\,~t~achment for Repor~\2OO4\2OO~t E-Report-O2, dwg DATE PLOT'rED: February 23/2004 11:02:39 AM ATTACHMENT#,,,,,Z__ TOREPORT# 0~'$ ci.2.-~' 034 COURT PEPPERWOOD GREENMOUNT HYDRO __CORRIDor STR e_____.~ STREET · PARK FINCH OPERATIONS & EMERGENCY SERVICES DEPARTMENT MUNICIPAL PROPERTY & ENGINEERING DIVISION SCA[E: J PLOT DA~: N.T.S. / DEC 13/2004 BRIDGE No. fl AVENUE ~IELDLIGHT ~ BRIDGE REPORT PALMER BRIDGE No. 11 ALPINE FINCH I:\MPondE\Themoffc Mopping\Mop$\MP~g -- gnglneedng\Attochment for ffepo~t\2004\2~04 E-Reporf-O4. dwg MICHELL Z O~ICE'~EPAR~MENT R~ln~ pEDn~T ~-~ j. ,~: E~,~EE?,~~ ~ MICHELL BRIDGE No. 24 ~Thematic Mapping\Maps\MP~£ - Englneet?ng\Attachment for Reporf\2004\2004 E-Report-O4. dwg 03~ ~ I i REE$OR OREEK~ I BRIDGE ~OWN OF N0.44 , YHITCHURCH-- I OPERATIONS & EMERGENCY MUNICIPAL PROPER~ & ~.~ ~ ~.=,~=~ ~=...==== BRIDGE REPORT ~Ne~N~R~NG D~WS~ON REESOR CREEK BRIDGE No. 44 N.T.S. DEC 13'2004 IJl( L:\MPondE\Thematic Mapping\Map$\MP~E - Engineering\Attachment for Report\2004\2004 E-Reporf-O3. dwg THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6413/04 Being a By-law to amend Restricted Area Zoning By-law 3037, to implement the Official Plan of the City of Pickering, Region of Durham, North Part of Lot 14, Concession 9, City of Picketing. (A 03/04) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit a bed and breakfast establishment and permit an increase of floor area for a home-based business on the subject lands, being the North Part of Lot 14, Concession 9, in the City of Pickering; AND WHEREAS an amendment to By-law 3037, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. TEXT AMENDMENT (1) Section 6.1.5 of By-law 3037 be amended by adding the following: 6.1.5.16 Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) (1) For the purpose of this subsection, the term 'Bed and Breakfast Establishment' means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a detached dwelling that is the principle residence of the proprietor of the establishment. (2) Not withstanding any of the provisions of this By-law, in addition to any other uses that may be permitted thereon, the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may be used for the purpose of a bed and breakfast establishment. (3) Despite 5.19(6) a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road) may occupy 25 per cent of the finished floor area of a building to a maximum of 75 square metres. (4) Despite 5.19(7), a home-based business on the lands identified as Part of Lot 14, Concession 9 (2195 Uxbridge-Pickedng Townline Road) may be permitted within an accessory building or structure. (5) Despite section (4) above, home-based businesses located within an accessory structure may occupy 100 per cent of the floor area of the accessory structure to a maximum of 75 square metres. BY-LAW 3037 By-law 3037, is hereby amended only to the extent necessary to give effect to the provisions of this By-law as it applies to Part of Lot 14, Concession 9 (2195 Uxbridge-Pickering Townline Road). Definitions and subject matter not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. 037 0 3,3 3. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second and third time and finally passed this December ,2004. 20 day of David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6414/04 Being a By-law to authorize the release and removal of the Subdivision Agreement and related amending agreement respecting Plan 40M-1602, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering, J.D.S. Investments Limited and J. Israeli (Brock) Limited entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT457814, and which Agreement was amended on November 20, 1989, Notice of which was registered on January 18, 1990 as Instrument No. LT487449, respecting the development of Plan 40M-1602, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated,October 17, 1988, Notice of which was registered as Instrument No. LT457814; and (b) the amending Subdivision Agreement dated November 20, 1989, Notice of which was registered as Instrument No. LT487449, between J.D.S. Investments Limited, J. Israeli (Brock) Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1602, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 033 040 'REPORT # PD~ CRESCENT FINCH AVEN U E ROAD SUBJECT SUBDIVISION COURT DRIVE DRIVE City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1602 OWNER VARIOUS DATE NOV, 11, 2004 DRAWN BY JR FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 CHECKED BY DE] FOR DEPARTMENT USE ONLY PN-9 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6415/04 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1603, Pickering (save and except Lot I and Block 26), from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Sereno Holdings Limited entered into a Subdivision Agreement dated February 7, 1989, Notice of which was registered as Instrument No. LT453130, respecting the development of Plan 40M-1603, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated February 7, 1989, Notice of which was registered as Instrument No. LT453130 between Sereno Holdings Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1603, Pickering (save and except Lot 1 and Block 26). BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 04I O42 REPORT # PD ~ ~i.~.~.~ CRESCENT FINCH AVEN U E SUBJECT SUBDIVISION City of Pickering PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1603 OWNER VARIOUS 053 BAINBRIDGE COURT ROAD DRIVE DRIVE Planning & Development Department FILE No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY PN-9 PA- DATE NOV11,2004 DRAWNBY JB SCALE 1:5000 CHECKED BY DB THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. ~16/04 Being a By-law to assume the roads as public highways and the services within Plan 40M-1602 (save and except Blocks 12 and 13) and Plan 40M-1603 (save and except Lot 1 and Blocks 26 and 27), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1602, and 40M-1603; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plan 40M-1602 (save and except Block 12 and Part of Block 13) and 40M-1603 (save and except Lot 1 and Blocks 26 and 27), or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1602 (save and except Blocks 12 and 13) and 40M-1603 (save and except Lot 1 and Blocks 26 and 27), or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections I and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Bainbridge Drive, Plan 40M-1602 · Burnside Drive, Plan 40M-1603 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk O44 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 64 ! 7/04 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) Bainbridge Drive, Plan40M-1602; and (b) Burnside Drive, Plan 40M-1603, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. .6418/04 Being a By-law to provide for the establishment of a Reserve Fund to be known as the Dedicated Gas Tax Reserve Fund. WHEREAS under the Municipal Act, S.O., 2001 as amended, Section 417(1), the Council of the City of Pickering may establish and maintain a reserve fund for any purpose for which it has authority to expend funds. WHEREAS the City of Pickering passed By-law 5873/01 to execute the transit system merger agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering that established the Ajax Pickering Transit Authority. WHEREAS the Council of the City of Pickering approved Council Report CS 54- 04 endorsing the City's participation in the Provincial Gas Tax Funds for Public Transportation Program. WHEREAS it is desirable for the City of Pickering to establish such a reserve fund for the purpose of receiving funding from the Province for the paying of transit related expenses in 2004 and beginning in 2005 to pay for those expenses (capital and current) that are intended to increase ridership. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The establishment of a reserve fund known as the Pickering Gas Tax Reserve Fund is hereby authorized. The Dedicated Gas Tax Reserve Fund shall consist of such moneys paid by the Province for the specific purpose in 2004 for transit related expenses and beginning in 2005 for those expenditures (current and capital) that are intended to increase ridership together with investments made and earnings derived there from. 3. This By-law shall come into force on the date of its enactment. BY-LAW read a first, second and third time and finally passed the 20th day of December, 2004. Dave Ryan, Mayor Bruce Taylor, Clerk 045 04[; THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6419/04 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1609, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Security-Benron Developments Inc. entered into a Subdivision Agreement dated September 19, 1988, Notice of which was registered as Instrument No. LT468176, respecting the development of Plan 40M-1609, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated September 19, 1988, Notice of which was registered as Instrument No. LT468176 between Security-Benron Developments Inc. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1609, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk ATTACHMENT#_ ~ TO- PEPOR? t¢ PD~ O47 HYDt o CO F IDot · STREET FERNCLIFF FINCH STREET ~ La PARKDALE SQUARE EVERTON ANTON SQUA CRESCENT AVENUE LODGE .LANE FIELD BOULEVARD 'SEFIELD ~ City of. Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1609 I ¢\ OWNER VARIOUS DATE FEB. 25, 2004 I DRAWN BY JB FILE No. SUBDIVISION COMPLETION AND ASSUMPTiON SCALE 1:5000 t CHECKED BY DB /V FOR DEPARTMENT USE ONLY PN-12 PA- 04, THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6420/04 Being a By-law to amend By-law 2632/88 providing for the erection of stop signs. WHEREAS, Pursuant to section 27(1) of the Municipal Act, S.O. 2001, c.25 as amended, the Council of The Corporation of the City of Pickering may, by By-law, provide for the erection of stop signs at the intersections of highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Stop signs shall be erected at the intersection of the highways set out in Column I, facing the traffic bound in the directions set out in Column II. Schedule A to By-law 2632~88, as amended, is hereby further amended by adding thereto the following item: Column I Column II Intersection Ridgewood Court and Lydia Crescent Facing Traffic Southbound on Lydia Crescent 40M-1607 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6421/04 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1607, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Erin Amelia Investments Ltd. entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT458822, respecting the development of Plan 40M-1607, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated October 17, 1988, Notice of which was registered as Instrument No. LT458822 between Erin Amelia Investments Ltd. and The Corporation of the City of Pickering, respecting the development of Plan 40M-1607, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 05.0 ATTACHMENT C-.----L-: _T{} REPORT i PD~ MAPLE' RIDGE: DRIVE PEBBLESTONE CRE:S. AVENUE: F'INCH AVON U F' !RIDGEWOOD CANBOI SILVERTHORN SQUARE KITLEY MALDEN HONEYWOOD City of Pickering Planning & Development Department PROPEFiTY DESCRIPTION PLAN 40M-1607 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION DATE SCALE FEB. 24,2004 } DRAWN BY JB 1:5000 I CHECKED BY DB FOR DEPARTMENT USE ONLY PN-12 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6422/0z, Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, section 150(1), the Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Ridgewood Court, Lydia Crescent and Gloucester Square, Plan 40M-1607; and Linwood Street, Parkdale Street, Cornell Court and Rosefield Road, Plan 40M-1609; and Moorelands Crescent, Plan 40M-1616, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 05.t O52 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6423/04 Being a By-law to authorize the release and removal of the Subdivision Agreement respecting Plan 40M-1616, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Sandbury Building (Pickering) Corporation entered into a Subdivision Agreement dated June 20, 1989, Notice of which was registered as Instrument No. LT476605, respecting the development of Plan 40M-1616, Pickering; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement from title dated June 20, 1989, Notice of which was registered as Instrument No. LT476605 between Sandbury Building (Pickering) Corporation and The Corporation of the City of Pickering, respecting the development of Plan 40M-1616, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk A.O'~ REPORT# 053 ~IVE ROAD DRIVE COWAN CIRCLE SI ROAD City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION 40M-1616 OWNER VARIOUS FILE No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY DATE NOV. 5, 2004 I DRAWN BY JB SCALE 1:5000 I CHECKED BY DB PN-1 PA- 05,4 THE CORPORATION OF THE CITY Of PICKERING BY-LAW NO. 6424/04 Being a By-law to assume the roads as public highways and the services within Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, under the jurisdiction of the City of Picketing. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1607, 40M-1609 and 40M-1616; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c.25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to, or owned by the City, in Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to, or owned by the City, in Plan 40M-1607 (save and except Blocks 80, 87, 88, 89 and 90), Plan 40M-1609 (save and except Blocks 25, 33, 34, 35, 36 and 37) and Plan 40M-1616, or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Ridgewood Court, Lydia Crescent and Gloucester Square, Plan 40M-1607 · Linwood Street, Parkdale Street, Cornell Court and Rosefield Road, Plan 40M-1609 · Moorelands Crescent, Plan 40M-1616 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6425/04 Being a By-law to authorize the release and removal of the Subdivision Agreement relating to Blocks 1 to 6, Plan 40M-1599, Pickering, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Runnymede Development Corporation Limited entered into a Subdivision Agreement dated October 17, 1988, Notice of which was registered as Instrument No. LT451371, respecting the development of Plan 40M-1599, Picketing; and WHEREAS the terms and conditions of the Subdivision Agreement have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk hereby authorize the release and removal of the Subdivision Agreement dated October 17, 1988 from title, Notice of which was registered as Instrument No. LT451371 between Runnymede Development Corporation Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1599, Picketing. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk O55 O56 ROWNTREE CRESCENT RATHMORE CRESCENT CULROSS AVENUE ROAD VISION City of Pickering PROPE. HT¥' DESCRiPTiON PLAN OF SUBDIVISION 40M-1599 Planning & Development Department OWNER 'VARIOUS ' FILE No. SUBDIVISION COMPLETION AND ASSUMPTION FOR DEPARTMENT USE ONLY PN-12 PA- DATE SCALE OCT. 15 2004 1:5000 DRAWN BY dB CHECKED BY DB THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6426/04 Being a By-law to authorize the release and removal of the Subdivision Agreement relating to Plan 40M-1590, Piokering and the Amending Subdivision Agreement relating to Blocks 12 and 13, Plan 40M-1590, Pickering, together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816 Pickering, being Pads 1, 4 and 5, Plan 40R-12593, from title. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Sandbury Building Corporation entered into a Subdivision Agreement dated September 19, 1988, Notice of which was registered as Instrument No. LT442055 and which Agreement was amended on December 20, 1993 to deal with the development of Blocks 12 and 13 within Plan 40M-1590 together with those parts of Lots 170 and 171, Registrar's Compiled Plan 816 Picketing, being Parts 1, 4 and 5, Plan 40R-12593, Notice of which was registered on January 4, 1994, as Instrument Nos. LT665558 and D425397; and WHEREAS the terms and conditions of the Subdivision Agreement and the amendment thereto have been complied with to the satisfaction of the City; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated September 19, 1988, Notice of which was registered as Instrument No. LT442055; and (b) the Amending Subdivision Agreement dated December 20, 1993, Notice of which was registered as Instrument Nos. LT665558 and D425397, between Sandbury Building Corporation and The Corporation of the City of Pickering, respecting the development of Plan 40M-1590, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 057 ,055 ATTACHMENT P, EPOFIT # PD~ FIDDLERS ROAD GATE BROOKRIDGE ROUOE HILl , .~ ~'~ City of Pickering Planning & Development Department PROPERTY DESCRIPTION PLAN OF SUBDIVISION; 40i'v1-1590 OWNER VARIOUS t DATE OCT. 1, 2004 DRAWN BY J'B FILE No. SUBDIVISION COMPLETION AND ASSUMPTION I SCALE 1:5000 'cHECKED BY FOR DEPARTMENT USE ONLY PN-6 PA- 055 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6427/04 Being a By-law to amend By-law 1416/82 providing for the regulation and licensing of places of amusement. WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 150(1), the'Council of The Corporation of the City of Pickering enacted By-law 1416/82 providing for the regulation and licensing of places of amusement; NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: 1. Schedule A to By-law 1416/82, as amended, is hereby further amended by adding thereto the following: (a) (b) (c) Rouge Hill Court, Plan 40M-1590; Glen Eden Court, Plan 40M-1599; and Ferncliff Circle, Forest Park Drive, Linwood Street and Cottonwood Circle, Plan 40M-1600, all in the City of Pickering, Regional Municipality of Durham. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY Of PICKERING BY-LAW NO. ~28/04 Being a By-law to assume the roads as public highways and the services within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12) and Plan 40M-1600 (save and except Blocks 43, 44 and 45), under the jurisdiction of the City of Pickering. WHEREAS above ground and underground services required for the development of the above-noted Plans have been completed to the City's satisfaction; and WHEREAS the City of Pickering has jurisdiction over the roads shown on Plans 40M-1590, 40M-1599 and 40M-1600; and WHEREAS pursuant to the MunicipalAct, S.O. 2001, c. 25, section 30, a highway is owned by the municipality having jurisdiction over it; and WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, section 31, a municipality may by By-law assume highways for public use; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: The above ground services required by the Subdivision Agreements relating hereto, or any amendments thereto, which are to be constructed or installed in the development of the above-noted Plans or which are located on lands that are dedicated to or owned by the City within Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12 and Plan 40M-1600 (save and except Blocks 43, 44 and 45) or on lands lying immediately adjacent thereto are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. The underground services that are required to be constructed or installed in the development of the above-noted Plans including the storm drainage system and related appurtenances, located on lands that are dedicated to or owned by the City in Plan 40M-1590, Plan 40M-1599 (save and except Blocks 10, 11 and 12 and Plan 40M-1600 (save and except Blocks 43, 44 and 45) or lands lying immediately adjacent thereto, are hereby accepted and assumed for maintenance under the jurisdiction of The Corporation of the City of Pickering. In sections 1 and 2, the phrase "lands that are...owned by the City" includes lands that are subject to an easement transferred to the City, but only with respect to the specific service or services referred to in the easement transfer document. The following highways are hereby assumed for public use as public highways under the jurisdiction of The Corporation of the City of Pickering: · Rouge Hill Court, Plan 40M-1590 · Glen Eden Court, Plan 40M-1599 · Ferncliff Circle, Forest Park Drive, Linwood Street and Cottonwood Circle, Plan 40M-1600 BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk SUBDIVISIi °O'~/OoR, BRIDGE BUSHMILL STREET BARNWOOD SQUARE STREET PARKDALE STRE · FINCH AVENUE City of Pickering SQUARE ANTON SQUA E EVERTON STR FIELDLIGHT Planning & Development Department PROPERTY DESCRIPTION 'PLAN OF SUBDiViSION, 40M-I600 OWNER VARIOUS DATE OCT. 1, 2004 ' DRAWN BY JB ¢~ FILE No. SUBDIVISION COMPLETION AND ASSUMPTION SCALE 1:5000 j CHECKED BY RP FOR DEPARTMENT USE ONLY PN-12 PA- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6429/04 Being a By-law to dedicate those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 as public highway. WHEREAS The Corporation of the City of Pickering is the owner of those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Parts 2 and 3, Plan 40R-12593 and wishes to dedicate them as public highway; NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: Those parts of Lot 171, Registrar's Compiled Plan 816, Pickering, being Pads 2 and 3, Plan 40R-12593 are hereby dedicated as public highway (Rouge Hill Court). BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk O62 06S THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6430/04 Being a By-law to authorize the release and removal from title of the Subdivision Agreement relating to Plan 40M-1600, Pickering and respective amending agreements. WHEREAS pursuant to the Planning Act, R.S.O. 1990, c. 13, s. 50, or a predecessor thereof, The Corporation of the City of Pickering and Garthwood Homes Limited entered into a Subdivision Agreement dated December 19, 1988, Notice of which was registered as Instrument No. LT451385 and which Agreement was amended on March 19, 1990 to reflect the development of Future Development Block 37, Notice of which was registered as Instrument No. LT496868; and WHEREAS on August 24, 1998 the Subdivision Agreement was further amended to reflect the development of Future Development Blocks 41 and 42, together with Part 1,40R-17493, which was registered on September 30, 1998 as Instrument Nos. LT871110 and D523274. WHEREAS the terms and conditions of the Subdivision Agreement and the amendments thereto have been complied with to the satisfaction of the City; and NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk hereby authorize the release and removal from title of: (a) the Subdivision Agreement dated December 19, 1988, Notice of which was registered as Instrument No. LT451385; (b) the Amending Subdivision Agreement dated March 19, 1990, Notice of which was registered as Instrument No. LT496868; and (c) the Amending Subdivision Agreement dated August 24, 1998, Notice of which was registered as Instrument Nos. LT871110 and D523274, between Garthwood Homes Limited and The Corporation of the City of Pickering, respecting the development of Plan 40M-1600, Pickering. BY-LAW read a first, second and third time and finally passed this 20th day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6431/04 Being a by-law to authorize the temporary borrowing of moneys to meet the current and capital expenditures of the City of Pickering for the year 2005. WHEREAS Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the Municipality to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the Municipality for the year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality, and the sums required by-law to be provided by the Council for any local board of the Municipality; and, WHEREAS Section 407(2) limits the total of such borrowings to not exceed 50 per cent of the estimated annual revenues from January 1, 2005 to September 30, 2005 and 25 per cent thereafter; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of twenty five million dollars ($25,000,000) to meet, until the taxes for the current year are received, the current expenditures of the Municipality for the year 2005, including the amounts and sums aforesaid; and, WHEREAS the said sum of twenty five million dollars ($25,000,000) plus any similar borrowings that have not been repaid, is less than 50 per cent of the total amount of the estimated revenues of the Municipality from January 1 to September 30 as set forth in the estimates adopted by the said Council for the year 2004 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus. including arrears of levies and $12,500,000 is less than 25 per cent thereafter; and, WHEREAS the Municipal Act provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, WHEREAS it is deemed necessary by the said Council to borrow the sum of fifteen million dollars ($15,000,000) to meet the capital expenditures approved by Council. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and Treasurer of the City of Picketing are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding twenty five million dollars ($25,000,000) to meet, until the levies for the year 2005 are received, the current expenditures of the Municipality for such year, including the amounts required for principal and interest falling due within the year upon any debt of the Municipality for the period January 1, 2005 to September 30, 2005 inclusive and $12,500,000 thereafter until December 31, 2005. 2. The Mayor and Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding in all the sum of fifteen million dollars ($15,000,000) to meet the capital expenditures as approved by Council, of the Municipality including the amounts required for principal and interest. 064 065 Any promissory notes made under the authority of this By-law shall be sealed and signed in accordance with the provisions of the Municipal Act and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This By-law shall come into effect on the first day of January 2005. BY-LAW read a first, second and third time and finally passed this 20 day of December, 2004. David Ryan, Mayor Bruce Taylor, Clerk 06O NOTICE OF MOTION DATE: DECEMBER 20, 2004 MOVED BY: COUNCILLOR PICKLES SECONDED BY: COUNCILLOR JOHNSON WHEREAS by Resolution #212/98 the Federal Minister of Transport was advised that Council and residents of Pickering do not support the development of an airport; and WHEREAS in Apdl 2001, the Federal Transport Minister announced that the Greater Toronto Airports Authority (GTAA) had been asked to determine the need for a future regional reliever airport on the Pickering lands; and WHEREAS a report prepared for the GTAA and released in September 2002 entitled "Pickering Lands Airport Planning Initiative - Financial Assessment Analysis" concluded that an airport based on a preliminary business model was feasible; and WHEREAS a Pickering Airport Draft Plan Report was released by the GTAA in November 2004, outlining a conceptual airport site layout, timeframes, and justification for a airport in Pickering, and that the GTAA announced that the Financial Assessment Analysis will be updated, and WHEREAS these reports are important early components of the rationale for the potential establishment of an airport in Pickering and were important sources in the development of an environmental assessment for the proposed airport, therefore, the City of Pickering should review the Analysis and provide a response to the GTAA; and WHEREAS these reports are very technical document and provides a very specialized field of analysis that staff of the City of Picketing do not have the expertise to review and comment on in a meaningful way; and WHEREAS the City has received sufficient funding from proponents in special planning studies and reviews impacting the City of Pickering, including but not limited to, Special Study Areas, Ontario Power Generation's Return to Service of Picketing 'A', Ontario Power Generation's Waste Facility Expansion Study, and the Nuclear Waste Management Organization Review, and the Growth Management Study; NOW THEREFORE BE IT RESOLVED THAT it is essential to for the City of Pickering to obtain an independent review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis at this time, prior to the initiation of an environmental assessment, to protect the interests of the residents and corporation of the City of Pickering, and THAT City of Pickering acquire the consulting services to undertake a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis, and THAT City of Picketing staff prepare an appropriate terms of reference, procedure (e.g. request for proposals), and proposed budget for a peer review of the Pickering Airport Draft Plan Report and updated Financial Assessment Analysis for Council's consideration at a scheduled Council meeting to be no later than the end of January 2005, and THAT the City of Pickering in the interim request that the Federal Transport Minister and the CEO of the Greater Toronto Airports Authority (GTAA) provide sufficient funding in order for the City of Pickering to acquire the appropriate qualified expert services to review the Pickering Airport Draft Plan and updated Financial Assessment Analysis and provide meaningful comments and recommendations to the Council and City of Pickering; and THAT the Mayor, on behalf of the City of Pickering, formally make this request in writing to the Transport Minister and the President and CEO of the GTAA, with a copy to the Members of Parliament for Ajax-Pickering and Picketing-East Scarborough, and Members of Provincial Parliament for Ajax-Pickering and Uxbridge. Btaylor:Notices of Motion:GTAA CARRIED: MAYOR O65 NOTICE OF MOTION DATE: DECEMBER 20, 2004 MOVED BY: COUNCILLOR BRENNER SECONDED BY: COUNCILLOR ASHE WHEREAS the residents on Marinet Crescent and Eyer Drive, backing onto Bayly Street, between Whites Road and West Shore Boulevard, have expressed concern respecting the impact of noise from Highway ~401, the CNR line, and VIA train activity, and Bayly Street, on their living environment; and WHEREAS the homes in this area of the City were constructed in the 1960's and 1970's, prior to the construction of Bayly Street between Whites Road and West Shore Boulevard; and WHEREAS residents have continually expressed concern over the increase in noise levels that has occurred over the years as each of the noise sources was established and/or increased in intensity; and WHEREAS at a meeting held on December 6, 2004, the Region of Durham and the Ministry of Transportation Staff advised that it is reasonable to consider this area of the City for retrofit measures to address noise concerns through attenuation fencing, based on the principle of cost sharing by all parties; and WHEREAS the City of Picketing acknowledges the significance of area resident concerns respecting noise levels in this area of the City and the impact of noise on the residential living environment; and 065 WHEREAS Bayly Street is under the jurisdiction of the Region of Durham which has expertise and experience in addressing retrofit solutions to noise attenuation matters; NOW THEREFORE BE IT RESOLVED THAT the City of Pickering requests the Regional Municipality of Durham to coordinate a review of potential noise attenuation measures and implementation strategies to address resident concerns in the area of Bayly Street between West Shore Boulevard and Whites Road, and that such investigation include staff from the Ministry of Transportation, the CNR, GO Transit, Region of Durham, City of Pickering and area residents; and FURTHER THAT the Region of Durham advise the City of Pickering of the work program that it intends to undertake to address this matter; and FURTHER THAT a copy of this resolution be forwarded to: Minister of Transportation, the Honourable Harinder S. Takhar Development Review Coordinator, CN Railway Properties, Mr. G. Woods Managing Director & CEO, GO Transit; Mr. G. McNeal Region of Durham Commissioner of Works, Mr. C. Curtis P.Eng., MBA Regional Council Mark Holland, MP, Ajax-Pickering. Hon. Dan McTeague, P.C., MP Pickering-Scarborough East CARRIED: Btayior:Notices of Motion:West Shore Noise Attenutation MAYOR