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HomeMy WebLinkAbout06/07/2004 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were Also Present: June 7, 2004 Minutes of a meeting of the General Purpose and Administration Committee held on Monday, June 7, 2004 at 9:30 a.m., in the Council Chambers. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (until 10:55 a.m.) Director of Community Services, J. Caruana (until 10:55 a.m.) Director of Emergency Services, M. Creighton (until 10:55 a.m.) Director of Planning Services, D. Crome Senior Planner, Community Planning, R. Holy (until 10:35 a.m.) Director of Operations, F. Horvath (until 10:55 a.m.) Director of Corporate Services, M. Marano Planner, Development and Review, B. Russell (until 10:35 a.m.) Director of Finance/Treasurer, N. Taylor Planner, Development and Review, T. Wills (until 10:35 a.m.) Deputy Clerk, M. Knight Stanley Clerk II, C. Doiron (until 10:55 a.m.) Mayor Mutton chaired this portion of the meeting. DISCLOSURES OF PECUNIARY INTEREST OTHER BUSINESS Councillor Schell indicated that he would be stating a pecuniary interest regarding Report PSD-064-04, and delegation b) Dan Holkema. Councillor Trim attended a Regional event where Region was granted $325,000 for their Leadership in Blue Box Recycling. On Saturday he attended the Opening of the Valleys 2000 Trail Official Opening he stated that it was well attended, Councillor Schell and 301 . . . G.P. & A. Minutes MINUTES DELEGATIONS -2- June 7, 2004 Councillor MacArthur were there as well. He also attended the Oak Ridges Trail Official Opening on Sunday with Roy Foster. This event was also successful. Councillor Pingle attended an Environmental Conveyance at Darlington Hydro regarding long term advantage of working together with various organizations east to west and north to south. Councillor MacArthur attended The Duotopia Art Exhibition at the Visual Arts Centre and there were numerous attendees. Resolution #GPA-273-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on May 17, 2004, be approved. "CARRIED" (a) Marcel Benjamin, Suncor Energy Products, Inc., 468 Boul Larochelle, Repetigny, Quebec J6A 5W3 - regarding Report PSD-065-04, was called but was not present. Councillor Schell stated that he would be making a pecuniary interest with respect to the delegation of Dan Holkema; vacated his chair and refrained from discussion and voting on the subject matter. Councilor Schell's spouse is employed by Skylight Donuts. (b) Dan Holkema, Sky Light Donuts, 71 Mearns Crt., Unit 71, Bowmanville, L 1C 4W4 - regarding Report PSD-065-04 He has several issues that he agrees with the Planning Department and the Zoning By-law. He stated that at the present time Skylight Donuts will not have room to remain on the site if the applicant meets the Municipality's requirements. He also stated that it would be taking away employment, and good customer service for the residents of Clarington. He requested that the Municipality relax its requirements to allow his business to remain on this site. Councillor Schell chaired this portion of the meeting. 302 G.P. & A. Minutes . PUBLIC MEETINGS . . 303 - 3- June 7, 2004 Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Rezoning Application to Permit a Drive-through Restaurant and expand existing zoning to adjacent property Applicant: Imperial Oil Limited (b) Rezoning Application to Permit an Existing Triplex 2 Kingsway Gate, Courtice Applicant: Karam D. Singh (c) Prohibition of Drive-through establishments in the downtown portion of the Bowmanville East Main Central Area and Newcastle Village Main Central Area Richard Holy, Senior Planner, Community Planning, provided a verbal report pertaining to Report PSD-059-04. (a) The proposed Zoning By-law Amendment submitted by Imperial Oil Limited would change the zone category from "Service Station Commercial Exception (C&-5) Zone" (Part 1 Area) and from "Urban Residential Type One (R1) Zone" (Part 2 Area) to an appropriate zone to permit the development of a convenience store, car wash, and restaurant with a drive- through facility in addition to other permitted uses permitted in the "CT' zone. The subject properties are located at 1451 Highway 2, 1455 Highway 2, and 1 Darlington Boulevard in Courtice. Cornelis Maryn, 5 Darlington Blvd., Courtice, L 1 E 2J8 spoke in opposition to this application. He stated that the convenience store will convey a meeting place for teens, which will lead to more vandalism to their property and neighbouring properties. The car wash will be too close to the residential properties. He is concerned about contaminated fluids that will drain from this property and how this will affect him. The traffic is also a concern because the traffic lights are already being congested with vehicular traffic. Tony Iezzi, 3 Darlington Blvd., Courtice, L1E 2J8, spoke in opposition to this application. He spoke on behalf of his family. He feels that the convenience store would create more vandalism and will be a "hang out" for teens. He is concerned about the noise that will be generated from the car wash. Mr. Iezzi feels that the blockage of business will devalue his parents property. Also he said that the traffic light is too long for the east/west traffic and that the traffic from the new car wash will cause a major problem. . . . G.P. & A. Minutes 304 -4- June 7, 2004 Ken Pamdio, 3 Jamieson Cres., Whitby, L 1 R 1 V2, his property is located east of the applicant's property. He noted that a laneway through his property to Darlington Blvd. would be a safer route than entrance egress Highway 2. Marla Maryn, 5 Darlington Blvd., Courtice, L 1 E 2J8, spoke in opposition to the application and stated that her concern is regarding elderly people and children crossing at the comer with so much traffic going in and out of the proposed plaza. Mrs. Maria Iezzi, 3 Darlington Blvd., Courtice, L 1 E 2J8, spoke in opposition to the application. She expressed a concern regarding the amount of traffic that will be generated at this corner. No one spoke in support of this application. Murray Evans, Planning Consultant, Evans Planning 28 Ellery Dr., Richmond Hill, L4C 8Z6 and Terry Addington, Imperial Oil Limited P.O. Box 56613, 8601 Warden Ave. Markham, L3R OM6, the site plan has been amended to address the Municipality's requirements. This resulted in the relocation of the car wash to the south. A noise report is near completion. The drive-through restaurant will serve submarine sandwiches only and will not have seating areas or the need for baking food. The site will be well lit and will have monitors and cameras on the site to help reduce vandalism. Bob Russell, Planner, Development and Review, provided a verbal report pertaining to Report PSD-060-04. (a) The proposed Zoning By-law Amendment submitted by Karam D. Singh would legalize the existing triplex. The subject property is located at 2 Kingway Gate, Courtice, at the northeast comer of the Townline Road South/Kingsway Gate intersection. No one spoke in opposition to or in support of this application. Karam D. Singh, 17 Maplewood Dr., Whitby, L1N 7A6, requested Members of Committee to approve his application. Tracy Wills, Planner, Development and Review provided a verbal report pertaining to Report PSD-061-04. The proposed Zoning By-law Amendment initiated by the Municipality of Clarington would implement the recommendations of the . . . G.P. & A. Minutes -5- June 7, 2004 Bowmanville King Street East Corridor Final Study and policies of the Clarington Official Plan with respect to prohibiting drive-through facilities within the Street-Related Commercial Area designation of the Downtown portion of the Bowmanville East Main Central Area and the Newcastle Village Main Central Area. No one spoke in opposition to or in support of this application. PLANNING SERVICES DEPARTMENT Rezoning Application Imperial Oil Ltd. Resolution #GPA-274-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-059-04 be received: THAT the application submitted by Evans Planning on behalf of Imperial Oil Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in Report PSD-059-04 and any delegations be advised of Council's decision. "CARRIED" Proposed Zoning Resolution #GPA-275-04 By-law Amendment Moved by Councillor MacArthur, seconded by Councillor Pingle Karam D. Singh 305 THAT Report PSD-060-04 be received; THAT provided that there are no significant issues raised at the public meeting, the application submitted by Karam D. Singh be approved and the by-law be passed as contained in Attachment 2 to Report PSD-060-04; and THAT a by-law amendment to remove the Holding (H) symbol be forwarded to Council at such time as the Owner has entered into a site plan agreement with the Municipality; and THAT all interested parties listed in Report PSD-060-04 and any delegations be advised of Council's decision. "CARRIED" . . . G.P. & A. Minutes Prohibition of Drive-Through Facilities Application for Removal of Holding Middle Rd. Dev. Inc. Monitoring of the Decisions of the Committee of Adjustment May 20, 2004 - 6 - June 7, 2004 Resolution#GPA-276-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Report PSD-061-04 be received; THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Attachment 3 to Report PSD-061-04, be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-061-04 and Council's decision; and THAT the interested parties listed in Report PSD-061-04 be advised of Council's decision. "CARRIED" Resolution #GPA-277-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Report PSD-062-04 be received; THAT the application submitted by Middle Road Developments Inc. to remove the Holding (H) symbol be approved and that the by-law attached to Report PSD-062-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; THAT all interested parties listed in Report PSD-062-04 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-278-04 Moved by Councillor MacArthur, seconded Councillor Trim THAT Report PSD-063-04 be received; and THAT Council concur with the decision of the Committee of Adjustment made on May 20,2004 for applications A2004/013, A2004/014, A2004/015 and A2004/016 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. "CARRIED" 306 . . . G.P. & A. Minutes Application for Removal of Part Lot Control Vermont Village Homes Ltd. Rezoning Application Gold/Mutt Farm Enterprises Ltd. - 7 - June 7, 2004 Resolution #GPA-279-04 Moved by Councillor Ping Ie, seconded Councillor Foster THAT Report PSD-064-04 be received; THAT the request for removal of Part Lot Control with respect to Lots 1 to 8, 17, 18,32 to 46,60,61,77 to 81,90 to 92, Blocks 93 to 95, and 97 to 100 inclusive on Plan 40M-2172 be approved and that the Part Lot Control By-law attached to Report PSD-064-04 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-064-04 and any delegations be advised of Council's decision. "CARRIED" Councillor Schell stated a pecuniary interest with respect to the delegation of Dan Holkema. Vacated his Chair and refrained from discussion and voting on the subject matter. Councilor Schell's spouse is employed by Skylight Donuts. Mayor Mutton chaired this portion of the meeting. Resolution #GPA-280-04 Moved by Councillor Trim, seconded Councillor MacArthur THAT Report PSD-065-04 be tabled to the next General Purpose and Administration Committee meeting on June 21, 2004 to allow Staff, Suncor and Mr. Dan Holkema to meet and address concerns expressed by Dan Holkema. "CARRIED" Councillor Schell chaired this portion of the meeting Clarington Official Resolution #GPA-281-04 Plan Amendment, Rezoning and Moved by Councillor MacArthur, seconded Councillor Pingle Amendment THAT Report PSD-066-04 be received; THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to delete a Medium Density symbol submitted by 1389877 Ontario Limited be approved as contained in Attachment 2 to Report PSD-066-04; 307 . . . G.P. & A. Minutes Consultants Environmental Impact Studies -8- June 7, 2004 THAT the amendment to Draft Approved Plan of Subdivision 18T- 93008 submitted by 13889877 Ontario Limited be approved subject to the conditions contained in Attachment 4 to Report PSD-066-04; THAT the proposed Draft Plan be redlined to show the extension of Street "C" to Albert Street and that a condition be added to the Conditions of Draft Approval which requires said extension to be built to the satisfaction of the Director of Engineering Services; THAT the application for Zoning by-law Amendment (ZBA 2003/029) be approved PSD-066-04, as contained in Attachment 5 to Report PSD-066-04; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-066-04 and Council's decision; and THAT the applicant and all interested parties listed in Report PSD- 066-04 and any delegations be advised of Council's decision. "CARRIED" Resolution #GPA-282-04 Moved by Councillor Pingle, seconded Councillor Robinson THAT Report PSD-067-04 be received; THAT Council endorse the document entitled "Municipality of Clarington - Guidelines for the Preparation of Environment Impact Studies", as attached to Report PSD-067-04 as Attachment No.1 to Report PSD-067-04; THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment No.3 to Report PSD-067-04 be approved, and remain in effectfor the period from July 1, 2004 to July 1, 2007; THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants on the EIS roster; and THAT all interested parties listed in Report PSD-067-04 and any delegations be advised of Council's decision. "CARRIED" 308 . . . G.P. & A. Minutes Confidential Report - 9 - June 7, 2004 Resolution #GPA-283-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the Confidential Report of the Planning Services Department pertaining to a property matter be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Councillor MacArthur chaired this portion of the meeting. ENGINEERING SERVICES DEPARTMENT Reconstruction of Fourth Ave. from Nash Rd. to 0.12 KM North (Courtice) Resolution #GPA-284-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Report EDG-32-04 be received; THAT the total costs of $220,000 for the reconstruction of Fourth Avenue be funded from the 2004 Capital Account #110-32-330- 83236-740 in the amount of $126,210 with the additional funds of $93,790 being funded from the Development Charge - Roads and Related Reserve fund in the amount of $82,798 and the Roads Contribution Reserve Fund in the amount of $10,992; THAT Black Creek Developments Ltd., be reimbursed for the total cost of $220,000 for the construction of Fourth Avenue from Nash Road to 0.12 km. north, in Courtice, upon the issuance of a "Certificate of Completion" in accordance with the subdivision agreement between Black Creek Developments Ltd., and the Municipality of Clarington, dated March 4, 2004; THAT the Purchasing by-law 94-129 be waived to facilitate the construction and reimbursement of Fourth Avenue to Black Creek Developments Ltd.; and THAT Black Creek Developments Ltd. be notified of Council's decision. "CARRIED" OPERATIONS DEPARTMENT There were no reports considered under this section of the agenda. Councillor Pingle chaired this portion of the meeting. 309 G.P. & A. Minutes - 10 - June 7, 2004 . EMERGENCY SERVICES DEPARTMENT Monthly Resolution #GPA-285.04 Response Report April 2004 Moved by Councillor Robinson, seconded by Mayor Mutton THAT Report ESD-009-04 be received for information. COMMUNITY SERVICES DEPARTMENT There were no reports considered under this section of the agenda. CLERK'S DEPARTMENT There were no reports considered under this section of the agenda. Mayor Mutton chaired this portion of the meeting. CORPORATE SERVICES DEPARTMENT . Workplace Safety Resolution #GPA-286-04 Insurance Board Independent Moved by Councillor Trim, seconded by Councillor Pingle Operators THAT Report COD-026-04 be received; and THAT Council adopt the policy attached to Report COD-026-04 for Workplace Safety and Insurance Board Coverage for all Municipality of Clarington contractors. "CARRIED" Tender CL2004-23 Resolution #GPA-287-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report COD-028-04 be received; THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid amount of $53,600.58, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004- 23, be awarded the contract for Driveway Paving; and . THAT the funds expended be provided from the 2004 Operations Budget. "CARRIED" 310 . . . G.P. & A. Minutes Tender CL2004-22 Tender CL2004-21 Acceptance of Contracts and Quotations - 11 - June 7, 2004 Resolution #GPA-288-04 Moved by Councillor Trim, seconded by Councillor Foster THAT Report COD-029-04 be received; THAT Miller Paving Limited, Markham, Ontario with a total bid in the amount of $281 ,396.67 (including G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-22, be awarded the contract to supply and apply Surface Treatment and to provide for Asphalt and Surface Treatment Pulverizing, to various roads as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department 2004 Budget - Surface Treatment Account #100-36-381- 10270-7163, FORTHWITH. "CARRIED" Resolution #GPA-289-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report COD-030-04 be received; THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of $438,028.50, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-21, be awarded the contract for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and THAT the funds expended be provided from the 2004 Operations Road Maintenance and Construction budget. "CARRIED" Resolution #GPA-290-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-031-04 be received; THAT the Chief Administrative Officer and Director of Corporate Services or the Director of Finance or their designates be authorized to accept the lowest qualified tender or quotation meeting all terms, conditions and specifications as required by the Municipality during holiday periods for the term of Council; 311 G.P. & A. Minutes . Tender CL2004-14 Guide Rail Installation . Tender CL2004-20 Plumbing Services . - 12- June 7,2004 THAT the Mayor and Clerk, subject to recommendation #2 above, be authorized to execute the necessary contracts or agreements; and THAT an information report and any applicable by-laws be presented at the first General Purpose and Administrative Committee meeting following holiday periods summarizing the tender and quotations that have been awarded. "CARRIED" Resolution #GPA-291-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report COD-032-04 be received; THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of $210,272.63 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004-14, be awarded the contract for the Guide Rail Installation, as required by the Operations Department; THAT the total funds required in the amount of $261,720.00 ($210,272.63 tender plus consulting, contingencies, emergency work and Net GST) be drawn as follows: a. $116,504.00 from 2003 Capital Budget for Guide Rail Installation Account # 8340-03300-1401 b. $145,630.00 from the 2004 Capital Budget for Guide Rail Installation Account # 8340-04300-1401; and THAT the By-law attached to Report COD-032-04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #GPA-292-04 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Report COD-033-04 be received; THAT Jack Burgess Plumbing, Bowmanville, Ontario, with bid prices of $44.00 per hour for Journeyman Plumber and $30.00 per hour for Journeyman Plumber's Apprentice be awarded the contract to provide Plumbing Services, as required by the Municipality of Clarington; 312 6 .- . G.P. & A. Minutes Tender CL2003-28 Corporate Advertising Policy - 13- June 7, 2004 THAT, pending satisfactory pricing and service, the contract be extended for a second and third year; and THAT the funds expended be drawn from the various Current Budget Accounts. "CARRIED" Resolution #GPA-293-04 Moved by Councillor Foster, seconded by Councillor Schell THAT Report COD-034-04 be received; THAT Gay Company Limited, Courtice, Ontario with a total bid in the amount of $1 ,975,000.00, excluding G.S.T.($2, 113,250.00 Including GST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2003-28, be awarded the contract for the Courtice Fire Station #4 and Durham Regional Policing Centre; THAT the total funds required in the amount of $2,175,000.00 ($1,975,000.00 tender + $90,000 Architectural Consulting Services + $110,000 utility connections, site preparation, equipment/furnishings, project contingency) be drawn from Accounts as follows: Municipal Capital Works Reserve Fund Impact/Escrow Reserve Fund Fire Protection Development Charges Reserve Fund $1,412,245 $ 421,095 $ 341,660 THAT the By-law attached to Report COD-034-04marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #GPA-294-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the Report COD-035-04 be received and; THAT the Corporate Advertising Policy attached to Report COD-035- 04 be approved and adopted by Council. "CARRIED" - 313 G.P. & A. Minutes - 14 - June 7, 2004 . FINANCE DEPARTMENT Annual Statement Resolution #GPA-295-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report FND-012-04 be received for information. "CARRIED" Resolution #GPA-296-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the Confidential Report of Finance pertaining to a property matter be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" CHIEF ADMINISTRATIVE OFFICER'S DEPARTMENT . GT A-Clean Air Council Resolution #GPA-297-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ADM-07-04 be received for information. UNFINISHED BUSINESS There were no items considered under this section of the agenda. OTHER BUSINESS Resolution #GPA-298-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Committee recess for 10 minutes and reconvene at a "closed" meeting at 10:55 a.m. "CARRIED" Resolution #GPA-299-04 . Ratify Actions Moved by Councillor Foster, seconded by Councillor Schell THAT the actions taken at the "closed" meeting be ratified. 314 G.P. & A. Minutes . ADJOURNMENT . . - 15- June 7, 2004 Resolution #GPA-300-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the meeting adjourn at 11 :03 a.m. "CARRIED" (jt/hl!.~ MAYOR 31.5