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HomeMy WebLinkAboutJuly 5, 1976 - 69 - 18/76 COUNCIL MEETING A meeting of the Pickering Town Council was held on MONDAY, the FIFTH day of JULY, 1976, at 8:00 P.M; . PRESENT: Mayor G. Ashe Councillors J.Anderson D. Kitchen K. Matheson A. Robertson B. Searle K. Spratley N.C. Marshall - Administrator-Clerk (I) ADOPTION MINUTES Moved by Councillor Robertson, seconded by Councillor Matheson that the minutes of the meeting of June 21st, 1976, be adopted. CARRIED (II) PETITION Mr. Preddy of Claremont has lodged with the Clerk's Department a petition requesting the removal of the Ammonia tanks at the Claremont Co-op. He had requested that this be brought to the attention of Council at the earliest opportunity. (III) RESOLUTIONS Resolution 90/76 Moved by Councillor Anderson, seconded by Councillor Spratley the petition from the residensof Claremont with respect to the removal of the Ammonia tanks at the Claremont Co-op be received and that a copy of it be forwarded to the Ministry of the Environment, The Honourable William Newman and Charles Godfrey, M.P.P., with the urgent request that immediate action be taken to ensure that a calamity does not occur in the Hamlet of Claremont similar to the one that could have occured on June 13t 1976 and that the petition be forwarded to Town Staff for a repo CARRIED REPORT OF THE EXECUTIVE COMMITTEE OF JUNE 28th 1976 See Appendix I Resolution 91/76 Moved by Councillor Robertson, seconded by Councillor Anderson that the recommendations contained in the Executive Committee Report of June 28th, 1976, item 1, items 3 to 9, items 12 to 15, be adopted. CARRIED Item #2 Fence By-Law Councillor Matheson was of the opinion that the Fence By-law was too restrictive and could not support the recommendation. Councillor Kitchen believed that an earlier Township By-law had granted permission to residents to erect fences on Town owned property adjacent to road allowances and wondered whether the existing recommendation and proposed By-law was in conflict with this one. - 70 - 18/76 Resolution 92/76 - Item #2 Moved by Councillor Robertson, seconded by Councillor Anderson that By-law Number 425/76, respecting residential fences and swimming pool enclosures in the Town of Pickering, be referred back to Council for its third and final reading as amended. CARRIED Resolution 93/76 - Item #10 Moved by Councillor Robertson, seconded by Councillor Anderson that Taxicab Licence Number 13, issued to Mr. Larry O'Leary, be revoked and that the licence be made available to other applicants. CARRIED Resolution 94/76 - Item #11 Moved by Councillor Robertson, seconded by Councillor Anderson that two additional Taxicab Owners' Licences be issued, as recommended by the Town Solicitor in his report of June 14th, 1976. CARRIED Resolution 95/76 - Moved by Councillor Kitchen, seconded by Councillor Robertson that the following Department Head Reports for the month of June 1976 be adopted: Administrator-Clerk's Department Planning Department Treasury Department Legal Department Fire Department Public Works Department Recreation and Transportation Department CARRIED Resolution 96/76 Moved by Councillor Anderson, seconded by Councillor Kitchen tha" Whereas the Executive Committee of Council has received the I.B.: report, dated June 23rd, 1976 on the Town Centre for the Town of Pickering and; Whereas the Executive Committee of Council deems it expedient to designate the Town Centre of the Town of Pickering, be it theref( recommended to Council that; 1. Council approved in principle the location of the Main Central Area of the Town of Pickering on the lands specifiE on Schedule 'A' to this Resolution. In order to provide for the appropriate implementation of 1 decision, Council shall prepare a district plan, as requirE by section 8.2.3.1 of the draft Official Plan of the RegioI Municipality of Durham as approved by the Regional Planninç Committee on June 22, 1976, but prior to commencing preparé tion of such District Plan or the issurance of any further building permits in the area specified on Schedule 'A', Council shall ensure that the owners thereof shall have 2. entered into a primary development agreement with the Town dealing with the following, among other matters: .....'-~ (Continued) (1) .... - ~ - 71 - 18/76 Ownership of Land (a) Owners to provide evidence satisfactory to the Town that they own or control all the subject lands. (b) Owners to provide evidence satisfactory to the Town that there are no covenants, restrictions, or easements whatsoever that would preclude or hinder the development of the lands for the purposes intended and that they will keep the lands clear of any such covenants, restrictions, or easements during the term of the agreement. (c) The owners shall not permit the sale or encumbrance of all or any part of the lands during the terms of the agreement without the prior consent of the Town. (2 ) Registration The agreement shall be in registerable form and shall be registered against all the lands. (3) Tenants During the term of the agreement, the owners shall enter no new tenancy agreements for any additional department store premises or accept any letters of intent or similar documents with respect thereto without the prior approval of the Town. (4 ) Security Owners to provide security by means of bond, letter of credit, or otherwise, satisfactory to the Town, for their performance of the terms and covenants of the primary development agreement. ~ ~ , (Continued) ( 7) .,.. . - "t-- - 72 - 18,176 (5 ) Market and Impact Studies Prior to the preparation of any development plan 'and passage of any implementing zoning by-laws, the owners shall have prepared at their expense the appropriate range of market and impact studies of a nature, range and with terms of reference satisfactory to the Town by consultants selected and supervised by the Town. ( 6 ) Development Plan When and after the said studies have been satisfactorily completed, Council shall prepare a development plan to set forth the urban design and physical planning details of the Main Central Area illustrating those matters set out in section 16.5.1 of the said draft Regional Official Plan, including the nature and arrangement of land uses, the linkages with the community outside the Main Central Area. Prior to Council's approval of any development plan and passage of the appropriate zoning by-laws, the owners shall not proceed with the construction of all or any part of the additional building space for which building permits are available or all or any part of the office building space approved by the Ontario Municipal Board on the 14th day of May, 1976. Implementation The district plan shall be implemented by the following, among other means: (a) development plan; (b) zoning by-laws; (c) site plan agreements; and (d) plans of subdivision and subdivision agreements which would include provisions ~,--- , , ~ . ~....,' - 73 - 18/76 (Continued) (d) related to any on and off-site servicing, dedications, easements, reserves, park lands, town inspection and examination fees, preservation of trees,grading, drainage, staging and other matters. ( 8) Staging After final approval of the implementing zoning by-laws, the owners shall proceed with the first phase of development immediately and with subsequent phases at ' times to be agreed in accordance with population growth, and shall complete each phase within specified time periods, failing which the owners shall, in addition to other penalties, agree not to oppose the redesignation and the rezoning of the relevant parts of the Main Central Area for other uses and the owners shall make annual payments to the Town equivalent to the loss in realty taxes and business taxes that the Town would otherwise I have received until the development contemplated has been completed or until the lands have been re-designated and rezoned. The owners shall construct a substantial office building simultaneously with the next major phase of the retail facilities. (9 ) Costs The owners shall expeditiously reimburse the Town for all professional fees incurred by the Town, as they are billed for legal counsel, planning consultants, economic and market consultants, shopping centre architectural and other consultants deemed necessary or desirable by the Town in connection with the above matters, including studies, district plan, development plans, preparation of documents and obtaining the necessary approvals. . ~.' - - .,. , ' .. '- .- "'" - 74 - 18/76 (Continued) (10) The terms "Main Central Area", "district plan" ånd "development plan" have the same meaning in this Resolution as they have in the draft Official Plan of the Regional Municipality of Durham as approved by the Regional Planning Committee on June 22nd, 1976. (11) The following table is included in order to clarify the sequence of events contemplated by this Resolution Stép (1) - Motion dated June 28, 1976. Step (2) - Primary development agreement. Step (3) - District plan. step (4) - Market and impact studies. step (5) - Development plan. step (6) - zoning by-laws, site plan agreements, subdivision agreements and plan of subdivision. Although all the foregoing matters are listed consecutively, some of them may be carried out concurrently rather than consecutively. CARRIED Recorded Vote: Yea: Messrs. Ashe, Anderson, Kitchen, Matheson, Robertson, Spratley and Searle - - 75 - 18/76 (IV) BY-LAWS MOTION Moved by Councillor Kitchen, seconded by Councillor Matheson that the fence by-law be deferred. LOST By-law Number 425/76- Third Reading The Committee of the Whole arises and reports the By-law as read. Councillor Spratley, seconded by Councillor Robertson moved that the report of the Committee of the Whole on By-law Number 425/76 respecting residential fences and swimming pool enclosures in the Town of Pickering be adopted, and that the said By-law be now read a Third Time and PASSED, that the Mayor and Clerk sign the same, and the Seal of the Corporation be affixed thereto. CARRIED By-law read a first, second and third time and finally passed. Recorded Vote: Yea: Messrs. Ashe, Anderson, Robertson, Spratley, Searle Messrs. Kitchen and Matheson Nay: By-law Number 429/76 Councillor Matheson, seconded by Councillor Spratley moved for leave to introduce a By-law of the Town of Pickering to amend By-law Number 266/75, limiting the number of automobile service stations and public garages and that the same be now read a first, second and third time, and that the>same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED By-law read a first, second and third time and finally passed. By-law Number 430/76 Councillor Kitchen, seconded by Councillor Anderson moved for leave to introduce a By-law of the Town of Pickering to authorize the execution of an Easement Agreement between Corporation of the Town of Pickering and the Minister of Environment (Block 'H' Plan M-1024) and that same be now a first, second and third time and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. the the read CARRIED By-law read a first, second and third time and finally passed. By-law Number 431/76 Councillor Anderson, seconded by Councillor Spratley moved for leave to introduce a By-law of the Town of Pickering being a By-law to authorize Supplementary Benefits under the Ontario Municipal Employees Retirement Systems for the Town of Pickering Fire Fighters' and that same be now read a first, second and third time, and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED By-law read a first, second and third time and finally passed. - 76 - 18/76 (VI) BY-LAWS (Continued) By-law Number 432/76 Councillor Anderson, seconded by Councillor Matheson moved for leave to introduce a By-law of the Town of Pickering to authorize the execution of an Agreement between the Corporation of the Town of Pickering and the Town of Pickering Professional Fire Fighters' Association and its Local 1632, I.A.F.F., and that the same be now read a first, second and third time, and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED By-law read a first, second and third time and finally passed. By-law Number 433/76 Councillor Spratley, seconded by Councillor Anderson moved for leave to introduce a By-law of the Town of Pickering to autborize the execution of an Agreement between the Corporation of the Town of Pickering and the Canadian Union of Public Employees and its Local Number 129, and that same be now read first, second and third time, and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED By-law read a first, second and third time and finally passed. (V) 1. OTHER BUSINESS Councillor Matheson advised the Council that he would be attempting to have the Regional Official Plan changed in order that the lands presently proposed as open space south of the C.N.R. Railway, Rosebank Area be returned to the existing Residential designation. Councillor Robertson noted that the plans in question should be left as residential unless the M.T.R.C.A. can give a firm commitment of purchase within the next five years. 2. Councillor Kitchen in reference to a letter that he had received from the Ministry of Housing -Ontario Housing Corporation written by Mr. C.J. SHELDON, dated June 25th, in which he was advised that the gate he had requested installed to the rear of the Senior Citizen Project on Foxglove Avenue could not be installed. An earlier commitment to the residents prior to the approval of the O.H.C. Project had suggested that a right-of-way would be provided to the A 5 P parking lot for the Senior Citizens. Resolution 97/76 Moved by Councillor Kitchen, seconded by Councillor Anderson that Ontario Housing Corporation be requested to provide a walk way from the O.H.C. Units on Foxglove Avenue to Krosno Blvd., as originally promised to the Citizens prior to the approval of the O.H.C. Project. CARRIED 3. Councillor Kitchen asked that the Administrator-Clerk d~terIfti;~, whe~f!~' an earl.iez:..Township By-law did. in fact grant permission to the citizens to erect fences on Township owned land. - 77 - 18/76 (IV) OTHER BUSINESS (Continued) 4. School Busing Councillor Searle questioned the apparent practice of the School Board where children are being obliged to utilize two separate school buses through a zone system to get to school. It was suggested that he should contact the local school trustee on this matter. 5. The Mayor read a letter dated June 29," 1976 from Mr. W.R. President of the Frenchman's Bay Ratepayers Association that was addressed to Mr. Sheffield in which they thanked the Town for the quick action taken with respect to the passing of a by-law prohibiting parking on Wharf Street. Fertil 6. A'..M.O. Convention The Mayor enquired of the membersof Council who they wished to serve as voting delegates at the A.M.O. Convention scheduled for Toronto on August 8th to 11th. Resolution 98/76 Moved by Councillor Matheson, seconded by Councillor Spratley that the following members of Council represent the Municipality at the A.M.O. Convention being held in Toronto on August 8th to 11th: Mayor Ashe Councillor J. Anderson Councillor A. Robertson Councillor B. Searle CARRIED (V) CONFIRMATION BY-LAW By-law Number 434/76 Councillor Searle, seconded by Councillor Matheson moved for leave to introduce a by-law of the Town of Pickering to confirm the proceedings of the Council of the Corporation of the Town of Pickering at its meeting held on the 28th day of June, 1976, and that same be now read a first, second and third time, and that the same be now finally passed and that the Mayor and Clerk sign the same and that the Seal of the Corporation be thereto affixed. CARRIED By-law read a first, second and third time and finally passed. (VI) ADJOURNMENT Moved by Councillor Robertson, seconded by Anderson that the meeting adjourn at the hour of 9:00 p.m. CARRIED ~'" ~~........ _:~J-~ ~ Dated July 19/76 .~ - . ¡Cll?! 07/0~ -" .. APPENDIX I REPORT OF THE EXECUTIVE COMMITTEE OF JUNE 28TH 1976 1a. MODIFICATION OF MINISTER'S ZONING ORDER M 17/76 - HOOKER AND SONS LIMITED, PART LOT 3, CON. 6 That the Application M 17/76 by Hooker and Sons Limited to modify the Minister's Zoning Order in respect to lands being Part of Lot 3, Concession 6, on the south side of Highway No.7, 165 feet west of the north- west corner of Highway No.7 and Kinsa1e Road, to permit the erection of an automobile sales and service building on a lot within the proposed Noise Cone of a possible Pickering Airport be APPROVED on the grounds that the application is merely to continue Highway Commercial Use which was in existance prior to the previous By-law 3037 or the existing Minister's Zoning Order, subject to the following conditions: " .' ... 1. 2. That the applicant enter into a Site Plan Agreement with the Town of Pickering; the agreement shall include site plan approval, architectural control, landscaping, parking, fencing as well as the proper removal of the existing building. That the applicant obtain Medical Officer of Health approval for the proposed development. lb. OFFICIAL PLAN AMENDMENT NO. 100 That Official Plan Amendment Number 100 re redesignate the lands from Residential to Commercial-Highway and that By-law Amendment Application A 6/76 to re-zone the lands from A (Rura1-Agricu1tura~ to C2 (General Commercial) submitted by G.A. Gazarek be APPROVED, subject to the following conditions: That a one-foot reserve along Kingston Road frontage of the subject property, except the portion of Condition No.4 approved driveway, be dedicated to the Town of Pickering. That no access be allowed fron the site to Finch Avenue and that one-foot reserve along Finch Avenue of the subject property be dedicated to the Town of Pi~ing. That approval of the Site Plan be obtained by the applicant from the Metropolitan Toronto and Region 'Conservation Authority prior to the issuance of a building permit. FENCE BY-LAW That By-law Number 425/76, respecting residential fences and swimming pool enclosures in the Town of Pickering, be referred back to Council for its third and final reading as amended. 1. 2. 3. 4. 5. i ~'" 6. 7. 2. That a satisfactory Site Plan Agreement be entered into between the owner and the Town of Pickering. The agreement shall include the proper grading, drainage, architectural control, fencing, lighting, landscaping as well as proper removal of the existing buildings, etc. That there be adequate allocation of water capacity for the development. That the sewage disposal system be subject to the approval of the requirements of the Durham Regional Health Unit. That there be approval of driveway access onto Kingston Road (King's Highway No.2) by the Ministry of Transportation and Communications. oi^- 3. 4. ~ ~ 5. 6. 7. 8. 9. 10. 11. ,; ',... 12. -2- APPENDIX I VALLEYVIEW HEIGHTS SUBDIVISION - LETTER OF CREDIT (LOT LEVY FEES) That the Administrator-Clerk be authori~d to release the Letter of Credit in the amount of $32,000.00 presently held by the Municipality covering the payment of lot levy fees in the Valley ~ew Heights Subdivision. VALLEYVIEW HEIGHTS SUBDIVISION - LETTER OF CREDIT (INSTALLATION OF SERVICES) That the Administrator-Clerk be authorized to grant a reduction in the Letter of Credit held by the Municipality for the installation of services in the Valley View Heights subdivisions, from the present $180,000.00 to $85,000.00 as recommended by the Director of Public Works in his report dated June 15th, 1976. RECYCLING OF PAPER That the report of the Director of Public Works dated June 8th 1976 with respect to the Recycling of Paper be approved. AUTOMOBILE SERVICE STATION & PUBLIC GARAGE BY-LAW That the By-law Number 266/75 be amended to increase the limit on the number of public garages to 24 to permit the operation of a car rental operation at property located on the north side of Bayly Street, immediately east of Brock Road. MINISTRY OF HOUSING - MUNICIPAL INCENTIVE GRANT PROGRAMME That the letter of the Ministry of Housing dated May 12th, 1976, dealing with the Municipal, Incentive Programme be received for information. 401 COLLECTOR TRUNK SEWER SYSTEM That the Mayor and Administrator-Clerk be authorized to execQte an easement agreement between the Corporation and the Minister of the Environment covering the granting of an easement for the portion of the 401 Collector Trunk Sewer System (Block "H", Plan M-1024). ACCOUNTS FOR APPROVAL That the Accounts dated June 16th 1976, to the amount of $426,384.26, as submitted by the Administrator-Clerk be approved. TAXICAB LICENCES That Taxicab Licence Number 13, issued to Mr Larrv O'Leary, be revoked and the that the licence be made available to other applicants. TAXICAB LICENCES That two additional Taxicab Owners' Licences be issued, as recommended by the Town Solicitor in his report of June 14th, 1976. FIREFIGHTERS' - SUPPLEMENTARY PENSION PLAN That the report of the Treasurer-Collector dated June lOth 1976, with respect to a Supplementary Pension Plan for the Town Firefighters be approved and that the sum of $20,000.00 be transferred from General Ledger Account 4612 to General Ledger Account 1910 and further that the necessary by-law be prepared authorizing the Mayor and Clerk to enter into an agreement with O.M.E.R.S., to provide a Type 2 Supplementary Pension Plan for the Town Firefighters at a cost of $20,437.00. .... ' 13. 14. ~ 15. .¡ '.. APPENDIX I - 3 - PERSONNEL - PUBLIC WORKS DEPARTMENT That the complement of staff of the Town:--Works Centre be increased by the addition of one Vehicle Serviceman. SITE PUN AGREEMENT - RONALD A. SKIDMORE Tha:tthe Mayor and .Administrator-Clerk be authorized to sign a Site Plan Agreement between Ronald Arthur Skidmore and the Town of Pickering in order to comp~y with the Land Severance condition on property composed of Part Lot 3, Plan 282, designated as Part 3 and 4 in a Plan of Survey of record registered in the Registry Office for the Registry Division of Durham (40) as number 40R-2534. SALARIES - EXEMPT GROUP That the Life Insurance Programme for the . exempt group be expanded to provide Life Insurance in the amount of twice the annual salary to the nearest $500.00, and that the 1976 salaries for the exempt group as detailed in the personnel department's summary of June 24th 1976 be approved.