Loading...
HomeMy WebLinkAboutJune 26, 2006 Council Meeting Minutes Monday, June 26, 2006 7:30 PM PRESENT: Mayor David Ryan COUNCILLORS: K. Ashe M. Brenner D. Dickerson R. Johnson B. McLean D. Pickles ALSO PRESENT: 1. J. Quinn E. Buntsma N. Carroll G. Paterson A. Allison D. Bentley T. Melymuk C. Rose L. Taylor D. Shields - Chief Administrative Officer - Director, Operations & Emergency Services - Director, Planning & Development - Director, Corporate Services & Treasurer - City Solicitor - City Clerk - Division Head, Corporate Projects & Policy - Manager, Policy - Manager, Development Review - Deputy Clerk (I) INVOCATION Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) DISCLOSURE OF INTEREST 1. Councillor McLean made a declaration of interest under the Municipal Conflict of Interest Act with respect to Report No. 38-06 of the Director, Planning & Development and By-law Numbers 6682/06 and 6683/06 concerning the Goldenridge Road extension/Rushton Road, road dedication and naming by-law. Councillor McLean left the meeting and did not take part in the discussion or vote on the matter. - 1 - c`tq °o Council Meeting Minutes Monday, June 26, 2006 7:30 PM 2. Councillor Ashe made a declaration of interest under the Municipal Conflict of Interest Act with respect to Report No. 36-06 of the Director, Corporate Services & Treasurer concerning the 2006/2007 Property and Liability Insurance program. Councillor Ashe advised that the company he worked for had a joint ownership in the company noted within the report. Councillor Ashe left the meeting and did not take part in the discussion or vote on the matter. 3. Councillor Ashe made a declaration of interest under the Municipal Conflict of Interest Act with respect to item #3 of the 'In Camera' June 12, 2006, Executive Committee minutes as he is a member of the Whitevale Golf Club located in the Development Area. Councillor Ashe did not take part in the vote on this matter. (III) ADOPTION OF MINUTES Moved by Councillor Dickerson Seconded by Councillor Brenner Executive Committee Meeting of June 12, 2006 Regular Council Meeting of June 19, 2006 CARRIED Moved by Councillor McLean Seconded by Councillor Brenner "In Camera" Executive Committee Meeting of June 12, 2006 CARRIED ON A RECORDED VOTE: YEA NAY Councillor Brenner Councillor Dickerson Councillor Johnson Councillor McLean Councillor Pickles Mayor Ryan -2- Council Meeting Minutes " Monday, June 26, 2006 PICKEMG 7:30 PM (IV) DELEGATIONS 1. David 'Grey Eagle' Sanford Seaton Lands/Provincial Land Transfer David 'Grey Eagle' Sanford and Joseph Longo, Solicitor, appeared before Council with respect to the Seaton Lands, Provincial land transfer. Mr. Longo provided a brief history with regards to the land transfer and how the Province did not engage in meaningful consultation with the aboriginal community. He noted that this is a requirement and that David 'Grey Eagle' Sanford was challenging the Ontario Realty Corporation through the courts on this matter. He stated that they felt if the proper Environmental Assessment was completed on the lands that significant archaeological findings might be discovered. In response to questions raised, Mr. Longo stated that Mr. 'Grey Eagle' Sanford had a lot of support from the aboriginal community and referenced the 'Beaver Bowl' treaty as a significant historical document in relation to the aboriginal community. Mr. Longo urged Council to become involved and support their endeavours. A question and answer period ensued. (V) EXECUTIVE COMMITTEE REPORT Executive Committee Report EC 2006-11 Director, Planning & Development, Report PD 38-06 Goldenridge Road Extension/Rushton Road Road Dedication and Naming By-law Road Closing and Transfers of Land to Adjacent Owners Abandonment of Easements Resolution # 85/06 Moved by Councillor Dickerson Seconded by Councillor Johnson By-laws should be enacted to: a) dedicate and name certain parts of lots within Registrar's Compiled Plan 1051, being those parts of Lots 48, 49, 50, 51, 52, 53, 54, 117 and 118, designated as Parts 16 to 20, 40R-23842, Parts 1 and 2, 40R-23817, Parts 1 and 2, 40R-22516, Part 6, 40R-21832, Part 9, 40R-21831, Block 29, Plan 40M-2299 as Goldenridge Road and Block 30, Plan 40M-2299 as Rushton Road; -3- c`tq ° Council Meeting Minutes " a a Monday, June 26, 2006 A MG7:30 PM b) top -up and close certain portions of Goldenridge Road lying within Registrar's Compiled Plan 1051, being those parts of Lots 54 and 117, designated as Parts 10, 11, 21 and 22, 40R-21831 and Parts 7, 9, 15 and 16, 40R-21832 as public highway; c) declare the lands within Registrar's Compiled Plan 1051, being those parts of Lots 54 and 117 designated as Parts 10, 11, 21 and 22, 40R-21831 and Parts 7, 9, 15 and 16, 40R-21832 (portions of Goldenridge Road) surplus to the needs of the Corporation for the purpose of sale to the abutting owners, in accordance with the provisions of the Municipal Act and the Acquisition and Disposal of Land Policy subject to any required easements; d) abandon the easements, in favour of the City, for road maintenance purposes, over those lands lying within Registrar's Compiled Plan 1051, being those parts of Lots 54, 116 and 117, designated as Parts 12, 13, 20 and 23, 40R-21831 and Parts 2, 8, 10, 14 and 17, 40R-21832; and e) authorize the execution of all relevant documentation necessary to effect the dedication and naming, abandoning of easements, stopping -up and closing of those portions of Goldenridge Road as public highway and to effect the conveyances of them to the abutting owners for nominal consideration, subject to any required easements. 2. Director, Planning & Development, Report PD 39-06 Sustainable Neighbourhood Plan (Growth Management Study — Phase 3) Sustainable Neighbourhood Design Guidelines, Interim Report, June 2006 Revised Work Program Detailed discussion ensued on this matter. Resolution # 86/06 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That Council receive Report PD 39-06 respecting the City's Sustainable Neighbourhood Plan, which includes the Sustainable Neighbourhood Design -4- e`fil °o Council Meeting Minutes O41 WIZ&AW Monday, June 26, 2006 7:30 PM Guidelines, Interim Report, June 2006, prepared by Dillon Consulting Limited, et al, as set out in Appendix I to Report PD 39-06; 2. That Council receive and endorse the revised Work Plan on the Pickering - FCM Sustainable Neighbourhood Design Guidelines, June 13, 2006, adapting the Leadership in Energy and Environmental Design - Neighbourhood Developments (LEED-ND) framework to the Pickering planning and development context, as set out in Appendix II to Report PD 39-06; and 3. That Council endorse the following staff actions to: a) continue developing and refining the Sustainable Neighbourhood Design Guidelines (SND Guidelines), with the assistance of Dillon Consulting Limited et al, in accordance with the revised work plan; b) develop the SND Guidelines to apply to all development in Pickering; c) use the SND Guidelines, once adopted, as a foundation for developing the sustainability performance measures required by the Central Pickering Development Plan; d) review municipal planning and development documents, from the Pickering Official Plan to detailed engineering and construction standards, to determine sections requiring modifications to align with and implement the SND Guidelines; e) investigate the potential for district energy production in Pickering, with known operators and local utilities; and f) contact the Canadian Green Building Council, TRCA, and others to collaborate on the development of a Canadian equivalent of LEED-ND; and 4. Forward a copy of this Report to Council to the Federation of Canadian Municipalities, RDC Group, Canada Green Building Council, the Minister of Municipal Affairs and Housing, the Director of the North Pickering Land Exchange Team, the Region of Durham and the Toronto and Region Conservation Authority. CARRIED 3. Director, Planning & Development, Report PD 40-06 Pickering Harbour Company 1213 & 1224 Sandbar Road (Lots 219-224, Lots 283-288 and Part of Lots 218, 289, Plan 299) City of Pickering Sylvain Trepanier, 1218 Monica Cook Place, Pickering, appeared before Council with concerns regarding the zoning by-law amendment. He stated that he would like to see a full plan for the area and was concerned with what they would end up with if the City continued to piece meal the area with individual zoning applications. He noted -5- Cat, °i - Council Meeting Minutes R:zg' = Monday, June 26, 2006 7:30 PM that he was concerned with the effect of the development on the Square and requested that stipulations be placed on the owner to submit a security deposit so that if the Square needed to be repaired after the development was completed, funds would be available for this purpose. He also noted that he was still not clear on what passive recreation uses were and requested clarification. Mr. Trepanier stated that he felt Section 5 (2) b) relating to special regulations should be taken out of the by-law. Ian McCullough of Marshall Homes appeared before Council to clarify the passive recreation uses and explain what they were looking to do with the development of the land. He noted that the development would help to further clean up the area and make it more people friendly. He stated that when private functions were not going on, the spit would be open to the public. He further noted that there would not be any more vehicular traffic in the area than now and that they wanted to put processes in place to regulate the traffic so that it did not interfere with heavy public use in the area. In summary, Mr. McCullough stated that they felt this development would further benefit the area and the City. A revised draft by-law was presented for discussion purposes that permitted recreational uses subject to a Holding provision. Further discussion ensued on this matter. Resolution # 87/06 Moved by Councillor Brenner Seconded by Councillor McLean That Zoning By-law Amendment Application A 2/06 be approved, as set out in the revised draft by-law, to amend the existing zoning on the subject property to an "(H)OS-R" Open Space Recreation Zone, to permit dredging, a wind turbine, and recreation uses, on lands being Part of Lots 23 and 24, Range 3, BFC, Lots 219- 224, Lots 283-288 and Part of Lots 218 and 289, Plan 299, City of Pickering; 2. That the amending zoning by-law to implement Zoning By-law Amendment Application A 2/06, revised to permit dredging, a wind turbine, and recreation uses and subject to the (H) holding provision requirements, be forwarded to City Council for enactment; and 3. That Council endorse the initiation and coordination by staff of a future zoning by- law amendment application, in conjunction with the Toronto and Region Conservation Authority (TRCA) and the Pickering Harbour Company, to rezone the remaining lands of the East Spit between the subject property and Liverpool Road (Parts 8 to 16, 40R2022, Parts 1, 2 and 3, RP 40R6366) to an appropriate open C``' °� Council Meeting Minutes Monday, June 26, 2006 7:30 PM space category to implement the Open Space Systems — Natural Areas of the City of Pickering's Official Plan. CARRIED 4. Chief Administrative Officer, Report CAO 03-06 Partners for Climate Protection Plan City of Pickerinq Greenhouse Gas Reduction Program Resolution #88/06 Moved by Councillor McLean Seconded by Councillor Johnson 1. That Council receive Report CAO 03-06, including Attachment 1 entitled "City of Pickering Partners for Climate Protection Local Action Plan" prepared by Greenpath and dated June 2006; 2. That Council adopt the following 10 year greenhouse gas (GHG) reduction targets as outlined in the Greenpath report: a) 35 percent per capita reduction in community GHG emissions by 2016 (from 1995 community emission levels); and b) 50 percent per capita reduction in municipal operations GHG emissions by 2016 (from 1995 corporate operational emission levels); 3. That Council approve the Municipal Operations and Community Local Action Plans outlined in Greenpath's report, as a basis and framework for proceeding with the City's GHG reduction program, and authorize staff to: a) implement, as appropriate in 2006, those recommended GHG reduction actions that can be carried out with available staff and resources, and within the approved budget; b) recommend specific GHG reduction actions for Council's consideration in subsequent years, through the annual City budget process; and c) seek funding assistance from FCM and other available sources to assist in further developing, implementing and monitoring the City's GHG reduction program; 4. That Council acknowledge and thank all project sponsors, working group chairs and participants and engaged community partners, and particularly those funding and in -kind sponsors, being the Federation of Canadian Municipalities (FCM), -7- City "o - Council Meeting Minutes Monday, June 26, 2006 7:30 PM Ontario Power Generation, Enbridge, Veridian, the RDC Group, Greenpath, Energy Matters and Durham SustainAbility; and 5. That a copy of this report be forwarded to the Federation of Canadian Municipalities; Ontario Power Generation; Enbridge; Veridian; Durham SustainAbility; the Toronto and Region Conservation Authority; the GTA Clean Air Council; Dan McTeague, MP, Pickering -Scarborough East; Mark Holland, MP, Ajax -Pickering; Wayne Arthurs, MPP, Ajax -Pickering -Uxbridge; Roger Anderson, Chair, Region of Durham; and all others interested in the City's GHG reduction program. CARRIED 5. Director, Corporate Services & Treasurer, Report CS 34-06 Adoption of Pay Assurance Resolution #89/06 Moved by Councillor McLean Seconded by Councillor Pickles 1. That Report CS 34-06 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering amend its standard Subdivision Agreement to include the Pay Assurance provisions as outlined in Schedule "A" and any other changes as deemed necessary by the City Solicitor and the Director, Corporate Services & Treasurer; 3. That the City Clerk advise the Ontario Sewer and Watermain Construction Association and the Ontario Urban Development Institute (UDI) that the City has agreed to include Pay Assurance provisions in the City's Subdivision Agreements; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. CARRIED 6. Director, Corporate Services & Treasurer, Report CS 36-06 2006/2007 Property and Liability Insurance Program e` °� Council Meeting Minutes Monday, June 26, 2006 7:30 PM Resolution # 90/06 Moved by Councillor Dickerson Seconded by Councillor Brenner 1. That Report CS 36-06 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering renew effective June 26, 2006, its property, liability and other coverages through the Frank Cowan Company for the period July 1, 2006 to July 1, 2007 inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; 3. That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees within the total deductible limit where it is in the City's interest to do so; 4. That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in order to limit potential liability exposure and to protect the assets of the City and it's elected officials and staff; and, 5. That the appropriate officials of the City of Pickering be given authority to give effect thereto. CARRIED 7. Director, Corporate Services & Treasurer, Report CS 38-06 Public Meeting Notice of the Passing of a Responsible Pet Ownership By-law The Chair advised that a public meeting was being held for the purpose of soliciting comments from the public. No members of the public were present to speak on the matter. A correction was noted to the Responsible Pet Ownership By-law in Schedule "A" under details, the first line should read Unsterilized dog or cat, not sterilized dog and cat, referenced as page 277 within the agenda. Citq °o p Council Meeting Minutes Monday, June 26, 2006 7:30 PM Resolution #91/06 Moved by Councillor Johnson Seconded by Councillor Brenner 1. That Report CS 38-06 of the Director, Corporate Services & Treasurer be received; 2. That a public meeting be held on June 26, 2006 for the purpose of soliciting comments with respect to the proposed Responsible Pet Ownership by-law; and 3. That upon review of the comments, the City Clerk present the by-law at the July 24, 2006 meeting of City Council. CARRIED (VI) REPORTS NEW & UNFINISHED Audit Committee Report AC 2006-02 of the meeting held on June 19, 2006. Director, Corporate Services & Treasurer, Report CS 37-06 2005 Year End Audit 1. That Report CS 37-06 of the Director, Corporate Services & Treasurer be received for information; 2. That the Auditor's Report to the Audit Committee as submitted by Deloitte & Touche be received for information; 3. That the Management Letter from the Auditor be referred to the Director, Corporate Services & Treasurer for any further action deemed necessary and report back to the Committee; and, 4. That the 2005 draft Audited Financial Statements for the City of Pickering be received for information. 2. 2005 Financial Information Return That the 2005 Financial Information Return be received for information. -10- citt< q A,, Council Meeting Minutes nzaa . i i Monday, June 26, 2006 7:30 PM Resolution #92/06 Moved by Councillor Brenner Seconded by Councillor McLean That the Report of the Audit Committee AC 2006-02, dated June 19, 2006 be adopted. CARRIED (VII) MOTIONS & NOTICE OF MOTIONS Innovative Speed Enforcement of Pickering Streets Resolution #93/06 Moved by Councillor Dickerson Seconded by Councillor Brenner Whereas the issue of speeding vehicles and street safety within the City of Pickering has been, currently is, and will continue to be amongst the top issues with the residents of Pickering and ranks within the top three issues of resident complaints to Members of Council; and Whereas there have been, and continue to be, many efforts aimed at drivers to reduce their speed to the posted speed limits ie: Road Watch volunteers setting up and manning radar boards to advise motorists of just how fast they are traveling; and Whereas, in spite of all the efforts of citizens and police alike there continues to be many drivers who flaunt the speed limit defying the police to catch them; and Whereas, Durham Regional Police Services (DRPS) lack the resources to provide a dedicated Traffic Division for Pickering; and Whereas, each year communities seek out options that results in thousands of taxpayer dollars budgeted to advertise and install new "STOP" signs where technical data may, or may not, support their installation but where clearly the local residents agree, as a last resort, to insist upon installation; and - 11 - c` °o Council Meeting Minutes Monday, June 26, 2006 7:30 PM Whereas, the Council of the City of Pickering, like most residents, is committed to doing all that it possibly may do to make our streets and sidewalks safe for all to walk, run, bike or otherwise travel upon; Whereas, this Council, as Councils past, has taken bold and innovative action when it has exhausted all options to resolve a conflict which speaks to the quality of life all residents expect and deserve; Now be it therefore resolved, that the Council of the City of Pickering request, through the Office of the CAO, an assessment which would compare various options which may be available including, but not limited to: 1) entering into a service agreement with DRIPS to supply two officers on a "pay -duty" basis; 2) entering into a service agreement based on actual cost plus benefits for two officers; and Be it further resolved, that it is expected that the service agreement would provide for the City to specify hours of required service and locations for speed enforcement; and Be it further resolved, that all Provincial Offences Revenue realized through this service agreement be returned to the City of Pickering resulting from said traffic enforcement within the City; and Be it lastly resolved, that it is understood moving forward with a service agreement would not lessen existing levels of Police Services, but if required, would result in the hiring of two additional police officers. CARRIED (VIII) BY-LAWS 6682/06 Being a By-law to dedicate and name certain parts of lots within Registrar's Compiled Plan 1051, being those parts of Lots 48, 49, 50, 51, 52, 53, 54, 117 and 118, designated as Parts 16 to 20, 40R-23842, Parts 1 and 2, 40R-23817, Parts 1 and 2, 40R-22516, Part 6, 40R-21832, Part 9, 40R-21831, Block 29, Plan 40M-2299 as Goldenridge Road and Block 30, Plan 40M-2299 as Rushton Road. 6683/06 Being a By-law to stop -up and close as public highway, those parts of Goldenridge Road being Parts 10, 11, 21 and 22, Plan 40R-21831 and Parts 7, 9, 15 and 16, Plan 40R-21832, reserving -12- Cits 00 Council Meeting �g Minutes Monday, June 26, 2006 7:30 PM easements over Parts 15, 16, 21 and 22 for storm drainage purposes and to abandon easements, in favour of the City, for road maintenance purposes, authorizing the sale of the lands and the conveyance of easements to the abutting owners. 6684/06 Being a By-law to exempt Block 1, Plan 40M- , Pickering, from the part lot control provisions of the Planning Act. This by-law will be registered immediately following the registration of the M- Plan and Subdivision Agreement for the project. 6685/06 Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lots 23 and 24, Range 3, BFC and Lots 219-224, Lots 283-288 and Part of Lots 218, 289, and Part of Block B, Plan 299, City of Pickering. THIRD READING: Councillor Brenner, seconded by Councillor Johnson moved that By-law Numbers 6682/06, 6683/06, 6684/06 and 6685/06 be adopted and the said by-law be now read a third time and passed and that the Mayor and Clerk sign the same and the seal of the Corporation be affixed thereto. CARRIED (VIII) OTHER BUSINESS 1. Councillor McLean gave notice that he would be bringing a Notice of Motion forward with respect to `Utilization of ORC lands at Liverpool Road and Highway 401' at the July 24t", 2006 meeting of Executive/Council. A copy of the Notice of Motion was provided as a handout. 2. Councillor Pickles requested staff to review the matter of speeding and enforcement at a) Stroud Lane / Altona Road and b) Meriadoc Drive, along with request for possible assistance from Durham Regional Police Service and Road Watch. 3. The following matters were considered prior to the meeting: a) Memorandum from the City Solicitor to the Chief Administrative Officer with respect to the OMB appeals of Zoning Applications for two body rub parlours (905 Dillingham Road and 1050 Brock Road) -13- City o0 Council Meeting ' g Minutes Monday, June 26, 2006 7:30 PM Ms. Edith Montgomery, 104 Invergordon Ave., Scarborough, appeared before Council with respect to the OMB appeal for 905 Dillingham Road. She requested that information be provided to her, without utilizing the FOI legislation. She requested that the City Solicitor be directed to request the OMB to set a specific timeframe for the owners to address the Board; and further that the City ensure enforcement on the subject property. Mr. John Burman, 376 Taunton Road West, Pickering, appeared before Council with respect to the OMB appeal for 905 Dillingham Road. Mr. Burman requested that the Director, Planning & Development, City Solicitor and the owners meet to review the difficulties on the subject site; such as the utilization of parking on the nearby arena site; non -utilization of the additional paid parking spots, previously referenced by the applicant and the lack of a back entrance at the subject site. In summary, he stated that there were a number of issues that the City Planner and City Solicitor should be aware of. A question period ensued. Resolution # 94/06 Moved by Councillor Dickerson Seconded by Councillor McLean That Council move 'In Camera' for the purposes of litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board CARRIED b) Director Corporate Services & Treasurer, Report CS 39-06 Grant Request from the Children's Wish Foundation Community Sponsor — Wishmaker Parade The Director, Corporate Services & Treasurer outlined the contents of Report CS 39-06. Resolution # 95/06 Moved by Councillor Dickerson Seconded by Councillor Pickles -14- . Council Meeting Minutes Monday, June 26, 2006 7:30 PM That Confidential Report CS 39-06 of the Director, Corporate Services & Treasurer by received; and That a grant in the amount of $500 from account # 2195.2570 be provided as a community sponsorship from the City of Pickering for the Wishmaker Parade scheduled for Saturday, October 14, 2006. CARRIED a) Memorandum from the City Solicitor to the Chief Administrative Officer with respect to the OMB appeals of Zoning Applications for two body rub parlours 905 Dillingham Road and 1050 Brock Road This matter was considered earlier in the meeting. A confidential verbal update was received from the City Solicitor. Detailed confidential discussion ensued on this matter. Resolution # 96/06 Moved by Councillor Johnson Seconded by Councillor Brenner That the recommendations contained in the `In Camera' Council Minutes dated June 26, 2006 be adopted. CARRIED c) Verbal Update from the Chief Administrative Officer with respect to a labour relations matter The Chief Administrative Officer advised that this matter would be deferred to a future meeting due to time constraints. Resolution # 97/07 Moved by Councillor Johnson Seconded by Councillor Pickles That the Committee rise and ratify the actions taken. CARRIED -15- /II (X) CONFIRMATION BY-LAW By-law Number 6686/06 Council Meeting Minutes Monday, June 26, 2006 7:30 PM Councillor McLean, seconded by Councillor Johnson, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of the Council of The Corporation of the City of Pickering at its Regular Meeting of June 26, 2006. (XI) ADJOURNMENT The meeting adjourned at 10:05 pm. DATED this 26t" day of June, 2006. CARRIED MAYOR DAVID RYAN DEBI A. BENTLEY CITY CLERK -16-