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HomeMy WebLinkAboutAugust 7, 2001 - COUNCIL MINUTES A Meeting of the Pickering City Council was held on Tuesday, August 7,2001 at 11:59 p.m. PRESENT: Mayor Wayne Arthurs COUNCILLORS: M. Brenner M. Holland R. Johnson B. McLean D. Pickles D.Ryan ALSO PRESENT: - T. J. Quinn N. Carroll G. Paterson A. Greentree - Chief Administrative Officer - Director, Planning & Development - Director, Corporate Services & Treasurer - Supervisor, Legislative Services (D ADOPTION OF MINUTES Regular Meeting of June 25, 2001 Special Meeting of June 25,2001 lID RESOLUTIONS Resolution #95/01 - Aooendix #1 Moved by Councillor Johnson Seconded by Councillor McLean That the Report of the Committee of the Whole dated August 7,2001 be adopted with the following: .-. Item #2 Appendix I to the Planning Report Number PD 29-01 as referenced in Item #2, Paragraph #1 was amended to add the following to Section 2.3.7 Construction Management Plan: (v) type and timing of construction fencing (vi) location of construction trailers Item #8 Item #8 was deferred to the next Council Meeting, and staff were directed to notify CNSC that the City of Pickering intends to make a formal submission and request an extension to formulate the submission. --2-- Item #10 Recorded Vote: Yes: Councillors Brenner, Holland, Johnson, McLean No: Councillors Pickles, Ryan and Mayor Arthurs - CARRIED Council considered the following motions in conjunction with the above resolution: Resolution #95/01(a) Moved by Councillor Pickles Seconded by Councillor McLean That Appendix I to the Planning Report Number PD 29-01 as referenced in Item #2, Paragraph #1, be amended to add the following to Section 2.3.7 Construction Management Plan: (v) type and timing of construction fencing (vi) location of construction trailers CARRIED Resolution #95/0Hb) Moved by Councillor Brenner Seconded by Councillor Holland - That Item #8 be deferred to the next Council Meeting, and that staff notify CNSC that the City of Pickering intends to make a formal submission and request an extension to formulate the submission. CARRIED Resolution #96/01 Moved by Councillor Brenner Seconded by Councillor Holland WHEREAS lands in the City of Pickering known as the former Brock North Landfill Site are being considered for a leaf and yard waste compo sting facility; and WHEREAS any consideration by the City of Toronto and the Ministry of the Environment to permit such use in Pickering flies in the face of the spirit of the understanding between Pickering and the City of Toronto pertaining to the closure and transfer of garbage from this former Site to the former Brock West Landfill Site; and - WHEREAS the City of Pickering had asked that the Certificate of Approval for this Site be surrendered following its closure; and WHEREAS the City of Pickering and its residents remain on record that it is opposed to the use andlor creation of any waste infrastructure within its boundaries to service persons other than the residents of Pickering and/or Durham Region; and WHEREAS the City of Pickering requires that community and stakeholder participation be a part of any consideration on such land use decisions; and --3-- WHEREAS no such participation has been initiated by the City of Toronto or the Ministry of the Environment; - NOW THEREFORE the Council of the Corporation of the City of Pickering reaffirms to the Ministry of the Environment and to the City of Toronto that it is opposed to any consideration to reopen the former Brock North Landfill Site for the proposed composting facility; and THAT copies of this resolution be forwarded to Durh~ Region, City of Toronto, Minister of the Environment, and Janet Ecker, MPP. CARRIED Resolution #97/01 Moved by Councillor Brenner Seconded by Councillor Ryan WHEREAS the Province of Ontario has established an Advisory Committee to seek out land use options for the protection of the Oak Ridges Moraine; and WHEREAS such options being considered includes the possible transfer of Provincially- owned lands administered by the Ontario Realty Corporation; and WHEREAS the Province of Ontario, through the Ontario Realty Corporation (ORC), failed to respond adequately to address problems with contaminated water on its lands leased to residents of Pickering; and - WHEREAS according to recent environmental reports, portions of these lands should be considered as environmentally and historically significant; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby advises the Province of Ontario, through the Minister of Municipal Affairs and Housing, the Ontario Realty Corporation and members of the Oak Ridges Advisory Committee, that it is opposed to these lands being considered for any land transfer. CARRIED Resolution #98/01 Moved by Councillor Pickles Seconded by Councillor Ryan WHEREAS Valley Farm Public School was designed to accommodate 423 students; and WHEREAS Valley Farm Public School presently has an enrolment of 744 students, 59% over capacity, and that Grade 3 - 6 classes are accommodated in 11 portables; and - WHEREAS Valley Farm Public School enrolment has been relatively stable since 1993 and is expected to remain at this level; and WHEREAS the Valley Farm Public School Community Council has identified a number of concerns with respect to the on-going reliance on portables at the school, including students' and teachers' safety and security, crowded conditions, curriculum restrictions, restrictions on computer and other learning aids, lack of storage space, lost time to travel to main building, classroom cleaning difficulties, lack of water and washroom facilities, - - 4-- increased allergic reactions, poor heating and ventilation, increased noise, rodents, safety and security; and WHEREAS the Valley Farm Public School Community Council has formally requested that the Durham District School Board approve an 11 classroom addition to Valley Farm - Public School; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby indicates that it supports the needs of the students and teachers at Valley Farm Public School for adequate classrooms to promote the best environment for safety, security, and learning; and FURTHER THAT Council supports the request of the Valley Farm Public School Community Council to the Durham District School Board for approval at its upcoming meetings on capital construction of an 11 classroom addition to the Valley Farm Public School to be constructed at the earliest possible opportunity; and FURTHER THAT this motion be copies to the Director of the Durham District School Board, all Durham Public School Board Trustees and the Durham District School Board Planning Department. CARRIED Resolution #99/01 Moved by Councillor Holland Seconded by Councillor McLean - WHEREAS pesticides are known to cause serious, adverse human and environmental health impacts; and WHEREAS a broad range of alternatives exist to the utilization of pesticides which are organic and do not have negative impacts upon surrounding ecology or residents; and WHEREAS the Corporation of the City of Pickering has committed to the regeneration of Frenchman's Bay and its associated watershed and pesticides are a regular source of containments into the Bay; and WHEREAS many GT A municipalities have successfully banned the use of pesticides within their jurisdictions; NOW THEREFORE the City Clerk be directed to report back to Council for the first meeting of January 2002, with an implementing by-law for Council to consider that would ban all pesticide use by January 1, 2004 and all municipally-used pesticides by January 1, 2003; and THAT the City Clerk further include examples of by-laws other GT A municipalities have adopted with respect to pesticide use and report back on the success of those initiatives as part of the aforementioned January 2002 report; and - THAT the Director of Operations report back to Council on alternatives to pesticide use for the City and cost estimates and implementation and enforcement matters prior to consideration of the implementing by-law in January; and THAT the Director of Operations further include in his report options available to residents if a ban is in place; and --5-- THAT the time prior to the implementing by-law coming before Council be used for community feedback on the possibility to banning pesticide use; and THAT the Region of Durham be requested to consider banning the use of pesticides on public property it maintains across Durham and prepare for a potential ban of pesticides it - uses in Pickering by January 1, 2003. REFERRED TO STAFF FOR ADDITIONAL INFORMATION Council considered the following motion in conjunction with the above resolution: Resolution #99/01(a) Moved by Councillor Pickles Seconded by Councillor Brenner That the third operative clause be amended to add "and implementation and enforcement matters" immediately following the word "estimates". CARRIED Resolution #99/01(b) Moved by Councillor Ryan Seconded by Councillor McLean - That the above resolution be referred to staff for additional information. CARRIED (lID BY-LAWS That Councillor Johnson, seconded by Councillor Holland, took leave to introduce by- laws of the City of Pickering: By-law Number 5868/01 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 25, Plan 228, in the City of Pickering. (A 19199) By-law Number 5869/01 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lots 88 and 89, Plan 1051, in the City of Pickering. (A 39/00) - By-law Number 5870101 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 111, Plan 816, in the City of Pickering. (A 07/01) --6-- By-law Number 5871/01 Being a by-law to amend By-law 5107197, as further amended by By-law 5636/00, which amends Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Block 14 and - Part of Block 19, Plan 40M-1981, in the City of Pickering. (A 11/01; SP-2001-01) By-law Number 5872/01 Being a by-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in South Part of Lot 2, Concession 5, in the City of Pickering. (SP-2000-02, A 16/00) By-law Number 5873/01 Being a by-law to authorize the execution of a Transit System Merger Agreement between the Corporation of the Town of Ajax and the Corporation of the City of Pickering. By-law Number 5874/01 Being a by-law to amend By-law Number 3665/91 to govern the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. By-law Number 5875/01 Being a by-law to appoint By-law Enforcement Officers for certain purposes (parking - Regulation - 726 Kingston Road). CARRIED THIRD READING: Councillor Johnson, seconded by Councillor Holland, moved that the report of the Committee of the Whole on By-law Numbers 5868/01, 5869/01, 5870/01, 5871/01, 5872/01, 5873/01, 5874/01, and 5875/01 be adopted and the said by-laws be now read a third time and PASSED and that the Mayor and Deputy Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED Council considered the following in conjunction with the Third Reading of By-laws 5868/01 to 5875/01: Recorded Vote on Bv-Iaw 5874/01: Yes: Councillors Brenner, Holland, Johnson, McLean No: Councillors Pickles, Ryan and Mayor Arthurs - (IV) CONFIRMATION BY-LAW By-law Number 5876/01 Councillor Johnson, seconded by Councillor Holland, moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of the Council of the Corporation of the City of Pickering at its Special Council Meeting of August 7, 2001 --7-- and its Regular Council Meeting of August 7, 2001, and that the same be now finally passed and that the Mayor and Deputy Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED - (V) ADJOURNMENT The Meeting adjourned at 12:55 a.m. on August 8,2001. DATED ~~ J7/CJI ~~--~ MAYOR kC~ - - - - - APPENDIX #1 CITY OF PICKERING That the Committee of the Whole of the City of Pickering having met on August 7, 2001, presents its twelfth report to Council and recommends: 1. PLANNING & DEVELOPMENT REPORT PD 26-01 REQUEST FOR COUNCIL'S PERMISSION TO DEVELOP LANDS BY LAND SEVERANCE W.GRAWERT PART OF LOT 27, PLAN 1051 (EAST SIDE OF APPLEVIEW ROAD. NORTH OF DUNBARTON ROAD) 1. That the request made by W. Grawert, to permit the division of the subject lands, being Part of Lot 27, Plan 1051 (identified as Parts 2 & 3, Plan 40R- 10323, and known as 1797 Appleview Road), to create one new residential building lot through Land Severance Application LD 100/99, rather than by draft plan of subdivision, be APPROVED. 2. PLANNING & DEVELOPMENT REPORT PD 29-01 DRAFT PLAN OF SUBDIVISION APPLICATION SP 2001-01 ZONING BY-LAW AMENDMENT APPLICATION A 11/01 DANLU HOLDINGS LIMITED BLOCK 14 AND PART OF BLOCK 19, PLAN 40M-1981 (LANDS EAST OF ALTONA ROAD, SOUTH AND WEST OF SPARROW CIRCLE) 1. That Draft Plan of Subdivision Application SP-2001-01 submitted by Mr. Grant Morris of Grant Morris Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to permit the development of 43 residential lots supporting 40 townhouse dwelling units and 3 detached dwelling units, be APPROVED, subject to the conditions outlined in Appendix I to Planning Report Number PD 29-01. 2. That Zoning By-law Amendment Application A 11/01 submitted by Mr. Grant Morris of Grant Morris Associates Limited on behalf of Danlu Holdings Limited, on lands being Block 14 and Part of Block 19, Plan 40M-1981, City of Pickering, to establish performance standards to allow the development of 3 detached dwelling units on "wide-shallow" lots, and to reduce the current front and rear yard depth zoning requirements to accommodate the siting of one townhouse dwelling unit on the subject lands, be APPROVED, subject to the conditions outlined in Appendix II to Planning Report Number PD 29-01. 3. That the amending zoning by-law to implement Zoning By-law Amendment Application A 11/01, as set out in draft in Appendix III to Report Number PD 29-01 be forwarded to Council for enactment. 3. PLANNING & DEVELOPMENT REPORT PD 30-01 ZONING BY-LAW AMENDMENT APPLICATION A 16/00 (PHASE I) CLAREMONT ESTATES ONTARIO INC. AND PUBLIC WORKS CANADA PART OF LOT 20, CONCESSION 8 (LANDS SOUTH OF KODIAK STREET AND EAST OF SIDELINE NO. 20) 1. That Zoning By-law Amendment Application A 16/00, submitted by Mr. Don Bennett, on behalf of Claremont Estates Ontario Inc., on lands being Part of Lot 20, Concession 8, City of Pickering, to permit the development of 19 hamlet residential lots (as proposed through related Draft Plan of Subdivision - - - --2-- Application SP-2000-02, Revision 1), to zone part of the subject lands from "A" - Rural Agricultural to an "open space" zone category and to acknowledge certain lands required for "nitrate dilution" originating from the proposed residential lots, be APPROVED IN PART, to change the zoning on part of the subject lands located generally south of Kodiak Street to an appropriate open space zone category that zones these lands for "environmental protection and nitrate dilution" purposes, as set out in the draft by-law contained in Appendix I to Report Number PD 30-01. 2. That the amending zoning by-law to implement "Phase 1" of Zoning By-law Amendment Application A 16/00, as set out in draft in Appendix I to Report Number PD 30-01 be forwarded to Council for enactment. 3. That the City Clerk advise the Ministry of Municipal Affairs and Housing that City Council recommends that the Lieutenant Governor in Council grant an exemption under section 7 of the Oak Ridges Moraine Protection Act, as it affects the subject lands, to allow City Council to lift an "(H)" - Holding Symbol contained in the applicable City Zoning By-law and proceed with obtaining regional and local approvals to create four hamlet residential lots on the south side of Kodiak Street, in Part of Lot 20, Concession 8, in the City of Pickering (Hamlet of Claremont). 4. PLANNING & DEVELOPMENT REPORT PD 27-01 ZONING BY-LAW AMENDMENT APPLICATION A 39/00 MARION HOLLINGER PART OF LOTS 88 AND 89, RCP PLAN 1051 NOW PART 1, PLAN 40R-19836 AND PART 1, PLAN 40R-19908 (1878-1886 BROOKSHIRE SQUARE) 1. That Zoning By-law Amendment Application A 39/00, on lands being Part of Lots 88 and 89, Plan 1051 (identified as Part 1, Plan 40R-19836 and Part 1, Plan 40R-19908), City of Pickering, to amend the zoning on the subject lands from "R3" - Residential Detached Dwelling Zone to "S2" - Residential Detached Dwelling Zone, in order to permit the development of five lots providing a minimum lot frontage of 13.5 metres, be APPROVED subject to the conditions outlined in Appendix I to Report No. PD 27-01; 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 39/00, as set out in draft in Appendix II to Report No. PD 27- 01, be forwarded to City Council for enactment; and 3. That the request made by Marion Hollinger, to permit the division of the subject lands, being Part of Lots 88 and 89, Plan 1051, (identified as Part 1, Plan 40R-19836 and Part 1, Plan 40R-19908) to create a total of five residential building lots through land severance, rather than by draft plan of subdivision, be APPROVED. 5. PLANNING & DEVELOPMENT REPORT PD 28-01 ZONING BY-LAW AMENDMENT APPLICATION A 7/01 M. ELLIS LOT 111, PLAN 816 (EAST SIDE OF HIGHBUSH TRAIL. SOUTH OF SHEPPARD AVENUE) 1. That Zoning By-law Amendment Application A 07/01, submitted by M. Ellis, on lands being Lot 111, Plan 816, City of Pickering, to amend the zoning of the northerly portion of the subject lands from "R4" to an appropriate zone category, in order to permit the creation of a lot with a minimum 12.5 metre - - - --3-- lot frontage and a minimum lot area of360 square metres and to recognize the existing dwelling on the southerly portion of the subject lands, be APPROVED subject to the conditions outlined in Appendix I to Report Number PD 28-01; and 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 07/01, as set out in draft in Appendix II to Report Number PD 28-01, be forwarded to City Council for enactment. 6. PLANNING & DEVELOPMENT REPORT PD 25-01 THE OAK RIDGES MORAINE - PROPOSALS FOR THE PROTECTION AND MANAGEMENT OF A UNIQUE LANDSCAPE DRAFT REPORT PREPARED BY THE REGIONS OF DURHAM, YORK AND PEEL 1. That Report Number PD 25-01 of the Director, Planning & Development be endorsed as the City's comments on the draft Report entitled "The Oak Ridges Moraine - Proposals for the Protection and Management of a Unique Landscape"; and 2. That the City of Pickering requests the Regions of Durham, York and Peel, and the Ministry of Municipal Affairs and Housing to ensure that if the technique of "land swaps" for the protection of lands on the Oak Ridges Moraine is implemented, that policies require that the "swap" be supported by all affected municipalities. 3. That a copy of Report Number PD 25-01 be forwarded to the Regions of Durham, York and Peel, and the Ministry of Municipal Affairs and Housing for their information. 7. AJAX PICKERING TRANSIT AUTHORITY REPORT APTA 01-01 TRANSIT MERGER AGREEMENT That Report APT 01-01 of the General Manager, Ajax Pickering Transit Authority regarding the Transit Merger Agreement be received for information; and 1. That Council approve a By-law as set out in Attachment No.1 attached hereto to authorize the execution of a transit system Merger Agreement as set out in Attachment NO.2 attached hereto between the Corporation of the Town of Ajax and the Corporation of the City of Pickering; and 2. That the appropriate staff of the City of Pickering be given the authority to give effect thereto. 8. CHIEF ADMINISTRATIVE OFFICE REPORT CAO 05-01 PICKERING NUCLEAR GENERATING STATION PNGS-A RETURN TO SERVICE RELICENSING OF PNGS-A 1. That Report to Council CAO 05-01 concerning the return to service ofPNGS- A be received. - - - --4-- 2. That Council advise the Canadian Nuclear Safety Commission (CNSC) that it supports the CNSC staff recommendation to allow the restart of the PNGS-A reactors, subject to the conditions outlined in CMD 01-H17, and providing all the required improvements and modifications specified in Appendix D of that document are completed before any unit is returned to service, with the following clarification: That Item 31 of Part A of Appendix D be reworded as follows: "Submit evidence that a memorandum of understanding has been entered into with the City of Pickering concerning mutual aid, coordinated fire response and joint drills. " 3. That Council request the CNSC to add the following as condition of relicensing: "That OPG make appropriate arrangements with the City of Pickering concerning the provision of adequate fire and emergency response services to the community. " 4. That a copy of Report to Council CAO 05-01 be forwarded to the Canadian Nuclear Safety Commission, the Ontario Power Generation, and the Honourable Dan McTeague, M.P. Pickering-Ajax-Uxbridge. Deferred to the next Council Meeting 9. OPERATIONS AND EMERGENCY SERVICES REPORT OES 021-01 TENDER FOR THE CONSTRUCTION OF THE PETTICOAT CREEK PEDESTRIAN BRIDGE TENDER NO. T-6-2001 That Report OES 021-01 of the Director, Operations & Emergency Services regarding Tender T-6-2001 for the construction of the Petticoat Creek Pedestrian Bridge be received; and 1. That Tender No. T -6-2001 submitted by King City Group Ltd. to complete the construction of the Petticoat Creek Pedestrian Bridge in the amount of $823,889.30 including 7% G.S.T. be accepted; and 2. That the total project cost of $1,006,298.67 including the tender amount and other associated costs be approved; and 3. That the funding in the amount of $1,007,000.00 including transfers from Development Charges (#4227) and Parkland (#4230) Reserve Funds and other sources as identified in prior years Capital Budgets be approved; and 4 . a) That debt financing in the amount of $231,000.00 to be financed internally, for a period not exceeding 10 years, at a rate of 7 percent per annum, be approved; and b) That financing and repayment charges in the amount of approximately $33,000.00 be included in the annual Current Budget for the City of Pickering commencing in 2002 and continuing thereafter until the loan is repaid; and --5-- c) That the Director of Corporate Services and Treasurer certifies that this loan and the repayment thereof falls within the City's Debt and Obligations approval Annual Repayment Limit for debt and other financial obligations for 2001 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 5. That the appropriate officials of the City of Pickering be given authority to give effect hereto. 10. CLERK'S REPORT CL 28-01 PROPOSED STANDING COMMITTEE SYSTEM 1. That Clerk's Report CL 28-01 regarding the proposed Standing Committee System be received. 2. That the draft by-law, as amended to include "evening" in 1 5.(a) (ii) and 1 5.(b) (ii), and to add "for the Finance Committee and Operations Committee" in 1 7.(a), attached to Clerk's Report CL 28-01 to amend By-law Number 3665/91 to implement the Standing Committee System and provide for rules of procedure be enacted. 3. That the appointments to the Finance Committee for a term to expire on November 30, 2003 be deferred to the first Committee of the Whole meeting in September. - 4. That appointments to the Operations Committee for a term to expire on November 30, 2003 be deferred to the first Committee of the Whole meeting in September. 5. That Resolution #210196 passed on June 24, 1996 to provide for the establishment of a Standing Committee to be known as the Administration Committee be rescinded. 6. That the Site Plan committee be reconstituted, and shall be comprised of three members of the Planning Committee to be appointed at the first meeting of the Planning Committee and that the Site Plan committee shall meet during regular business hours. -