HomeMy WebLinkAbout09/07/2004
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MUNICIPALITY OF CLARINGTON
Special Council Minutes
September 7, 2004
PRAYER
ROLL CALL
Present Were:
Also Present:
Minutes of a special meeting of Council
held on September 7,2004, at 4:30 p.m.,
in the Council Chambers.
Councillor Schell led the meeting in prayer.
Mayor J. Mutton
Councillor D. MacArthur
Councillor A. Foster
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Councillor C. Trim
Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella (attended until 6: 15 p.m.)
Director of Planning Services, D. Crome (attended until 6:15 p.m.)
Solicitor, D. Hefferon
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this
meeting.
Resolution #C-389-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be "closed" in order to consider Verbal Reports
of the Solicitor pertaining to legal matters.
"CARRIED"
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Special Council Minutes
2
September 7, 2004
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Resolution #C-390-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the actions taken during the "closed" meeting be ratified.
"CARRIED"
Resolution #C-391-04
Moved by Councillor Pingle, seconded by Councillor Foster
WHEREAS on January 6, 2003, the Municipality of Clarington
authorized a comprehensive study of land use planning and
transportation policies in the East Bowmanville Business District
mainstreet (King Street East Corridor);
AND WHEREAS the study involved active public consultation on
the future of the District;
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AND WHEREAS following these consultations the study was
completed and on October 20, 2003 Council passed Official Plan
and Zoning Amendments to implement the study and its new vision
for the vitality, viability and well-being of the District;
AND WHEREAS the Ontario Municipal Board has recently
dismissed as premature the development of a Tim Hortons drive-
through restaurant at Galbraith Court and King Street East in the
District;
AND WHEREAS the hearing by the Board commenced in June
2003, continued with a lengthy interruption and was completed in
December 2003 at substantial cost to the taxpayers of the
Municipality;
AND WHEREAS the owner and the lessee of the proposed
Tim Hortons drive-through restaurant have appealed the new
Official Plan and Zoning Amendments to the Ontario Municipal
Board;
AND WHEREAS the Board has scheduled a five week hearing of
these appeals to begin on October 19, 2004;
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Special Council Minutes
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September 7, 2004
AND WHEREAS Council expects that this hearing also will be very
expensive to the taxpayers of the Municipality;
AND WHEREAS the Municipality currently is also considering an
application for a major expansion of the Bowmanville West Main
Central Area and is confronting challenges presented by Ontario
Municipal Board Appeals by certain owners;
AND WHEREAS the provincial policy supports maintaining the
vitality, viability and well being of downtowns and mainstreets, and
it requires Municipalities to implement compact urban form,
intensification and infilling as part of its "smart growth" initiative;
AND WHEREAS these issues have been the subject of numerous
appeals to the Ontario Municipal Board and they are too important
to the public interest to be determined by parties with superior
financial means;
THEREFORE BE IT RESOLVED THAT Council is determined to
protect the public interest despite the financial pressures placed on
it by having to engage in lengthy and expensive Ontario Municipal
Board processes in order to bring new plans and zoning into effect;
THAT the Government of Ontario be requested to establish a fund
to provide grants to assist smaller Municipalities in defending
planning decisions which result in lengthy and expensive hearings
before the Ontario Municipal Board; and
THAT a copy of this resolution be forwarded to The Honourable
Premier Dalton McGuinty, The Honourable John Gerretsen,
Minister of Municipal Affairs and Housing, and to The Honourable
Michael Bryant, Attorney General.
"CARRIED"
Resolution #C-392-04
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT staff be directed to undertake an amendment to the Zoning
By-law 84-63 to implement provisions for drive-through facilities
similar to the zoning provisions in Zoning By-law 2004-153 for the
lands on King Street East between Liberty Street and George
Street.
"CARRIED"
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Special Council Minutes
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September 7, 2004
Resolution #C-393-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-laws 2004-190 and
2004-191, and that the said by-laws be now read a first and second
time.
"CARRIED"
Resolution #C-394-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2004-190 and
2004-191, be approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-395-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2004-192 being a
by-law to confirm the proceedings of the Council of the Municipality
of Clarington at this special meeting held on the yth day of
September, 2004, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-396-04
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2004-190 be approved.
"CARRIED"
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Special Council Minutes
ADJOURNMENT
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September 7,2004
Resolution #C-397-04
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting adjourn at 6:41 p.m.
"CARRIED"
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