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HomeMy WebLinkAbout09/07/2004 . . . -'~ 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" , Special Council Minutes 2 September 7, 2004 . 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; . 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; . . . . Special Council Minutes 3 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" . . . Special Council Minutes 4 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" . . . Special Council Minutes ADJOURNMENT 5 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" y#tM~ M~YOR __ - :-_