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HomeMy WebLinkAbout07/15/2005 Special Special Council Meeting Minutes July 15, 2005 Minutes of a Special meeting of Council held on July 15, 2005, at 10:30 a.m., at the Clarington Beech Centre. ROLL CALL Present Were: Absent Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Councillor MacArthur Chief Administrative Officer, F. Wu Deputy Chief, Fire Services, M. Berney Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Solicitor, D. Hefferon Senior Planner, Community Planning, R. Holy Director of Operations, F. Horvath Director of Corporate Services, M. Marano Manager, Community Planning & Design, C. Pellarin Acting Director of Community Services, B. Taylor Director of FinancelTreasurer, N. Taylor Clerk II, C. Doiron Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. PRESENTATION The Honourable John Godfrey, Minister of State (Infrastructure and Communities) made a presentation to the Mayor and Members of Council regarding the New Deal for Cities and Communities. Honourable Godfrey stated that the new deal is to be more conscious of the way people live and what has more of an impact on the area. He feels that the new deal will provide for more stable communities. He is anticipating communication between all levels of government in order to effect change. In return for the infrastructure funding, the government is asking for: Special Council Meeting Minutes -2- July 15, 2005 a) investment in environmentally sustainable infrastructure b) that the outcomes be reported back on environmental improvement from the investments c) we need to communicate our vision of how we will have a more sustainable future through the infrastructure funding. The Minister confirmed that there will be no claw backs. PUBLIC MEETING A public meeting is being held to consider the passage of by-laws to stop up and close portions of the following unopened road allowances: 1. between Lots 28 and 29, Concession 3 in the former Township of Clarke, as shown on Part 2 of Registered Plan 40R-23364 in the former Township of Clarke 2. Kilpatrick Road, Lot 27, Concession 7 in the former Township of Clarke Council shall hear any person, or their Counsel, Solicitor or Agent, who claims that their land will be prejudicially affected by this by-law. No one spoke in opposition to or in support of this application. PRESENTATION Mr. David Crome, Director of Planning Services provided an overview of Addendum #2 to Report PSD-078-05, focusing on two items--the cost of construction of the proposed Stevens Road extension between Regional Road 57 and Green Road and the extension of Uptown Avenue. Mr. Crome recommended that Council endorse in principle modifications to proposed Official Plan Amendments 43 and 44 and refer further consideration of the amendments to the General Purpose and Administration Committee meeting scheduled for September 6, 2005. Mr. Doug Annand, urbanMetrics Inc. made a presentation to Council regarding the Retail Market Analysis. Mr. Annand provided his comments with respect to the following correspondence received by the Municipality in response to the Clarington Commercial Policy Review and the Addendum Market Analysis, dated May 9, 2005: . Joseph Urban Consultants, memorandum to the Municipality of Clarington on behalf of Zellers Inc., June 9,2005 . Osler, Hoskin & Harcourt LLP, letter to the Municipality of Clarington on behalf of Zellers Inc., June 15, 2005 . Goodmans LLP, letter to the Municipality of Clarington on behalf of West Diamond Properties Inc., and Players Business Park Ltd. ("West Diamond"), June 13, 2005 . Newcastle IGA, letter to the Municipality of Clarington, June 9, 2005 Special Council Meeting Minutes -3- July 15, 2005 DELEGATIONS Ms. Roslyn Houser, Goodmans LLP, spoke in regards to the Bowmanville West Main Central Area. Ms. Houser expressed concurrence with the recommendations in Addendum #2 to Report PSD-078-05. She commended staff members for their effort and feels that the conceptual plans are impressive; she hopes that Council will be satisfied. Mr. Mario Fatica, Loblaws circulated a handout of his power point presentation regarding the Bowmanville West Main Central Area to the Members of Council. He stated that the Loblaws will have a very distinct architecture and shared illustrations of the exterior and the landscape of the new Superstore. Mr. Fatica announced that the Superstore will include a Good Life gym, a medical centre (open clinic), community room, kitchen, eating area, and washroom space. There will be access to these amenities by both elevator and stairs. Mr. Larry Regan, Wal-Mart gave a presentation regarding the Bowmanville West Main Central Area. Mr. Regan gave thanks to the members of staff. He stated elevations for the Wal-Mart plaza designated for Clarington will be significantly different from their traditional design. Mr. Robert Hann was present but wished not to speak regarding the Bowmanville West Main Central Area, Official Plan Amendment No. 43 and A YT Corporation Application. Mr. Bryce Jordan, Halloway Holdings spoke in regards to the Bowmanville West Main Central Area, Official Plan Amendment No. 43 and AYT Corporation Application. He stated that Halloway Holdings is committed to paying the fair share of fees to the Stevens Road Extension. Mr. Brent Clarkson circulated two (2) handouts, a letter to Mayor and Members of Council and a copy of his presentation regarding the Proposed Bowmanville Home Depot. Mr. Clarkson gave a brief outline describing: . the Brick and Stone Pre-Cast Panels to be installed . Architectural Enhancements . Additional Landscaping . Additional Changes, Rear Side of Store, Garden Centre, and Masonry Features . Option to Purchase North South Road Mr. Ira Kagan spoke on behalf of A YT Corporation regarding the Commercial Policy Review, A YT Corporation Application, and Halloway Holdings Application. Mr. Kagan asked that Council adopt the recommendations contained in Addendum #2 to Report PSD-078-05 to refer the application back to staff. Special Council Meeting Minutes -4- July 15, 2005 DELEGATIONS (CONTINUED) Mr. Otto Provenzano circulated a handout regarding Bowmanville West Main Central Area. Mr. Provenzano has concerns that the big box stores will affect the future downtown Courtice area, and that this development will have a major effect on the historical integrity of the downtown Bowmanville area. Mr. Provenzano asked how Council plans to keep the spirit of Bowmanville's history alive in the downtown core. Mr. Stan Stein gave a presentation regarding Official Plan Amendments No. 43 and No. 44. He stated that he would like to again express his concerns that the market analyst for the Municipality is underestimating the impacts of the proposed Wal-Mart on the existing commercial structure. He would also recommend that this matter be referred back to staff. Mr. Mark Frayne, Holburn BioMedical provided comments regarding the A YT Corporation Application. He feels that Council should consider the future of the residents of Clarington. Mr. Frayne asked Council if there is a need for a sprawling community or rather an attractive community. Mr. Tenzin Gyaltsan, Newcastle BIA addressed Council regarding the Bowmanville West Main Central Area. Mr. Gyaltsan stated that he represents the Newcastle IGA and the Newcastle BIA, and asked if Council wants a Town Centre at Green Road. He feels that if we allow the Superstore, the residents will have no need for services in any other part of the Municipality. Mr. Ron Hooper, Chairman, Bowmanville BIA addressed Council with respect to the Bowmanville West Main Central Area. Mr. Hooper thanked Council for once again having the opportunity to speak regarding this application. He urges Council not to rush into making a decision that will impact the residents of Clarington. COMMUNICATIONS Resolution #C-356-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT Correspondence Items be approved as per the agenda. "CARRIED" D - 1 Eugene Dupuis expressing objections to the rezoning application by A YT Corporation for land on Bennett Road. He states the following three reasons for encouraging Council to refuse this application: 1. the retail proposal by A YT does not meet criteria for development of this land Special Council Meeting Minutes -5- July 15, 2005 2. it does not fit the Planning Department's vision for the gateway to Clarington, which should define what is unique and outstanding about our community 3. it would result in the absolute destruction of a unique and valuable treed greenspace, few of which will remain in the town's boundaries 25 years from now. Big box retailers are sure to come as soon as population density reaches a certain threshold, regardless of where they have to locate. This highly visible gateway should be protected and zoned to attract industry! development that wouldn't otherwise invest here. (Advise of actions taken) D - 2 Robert Hann, President, Valiant Property Management writing to dispel incorrect information that has been provided. All of the Demonstration Plans drawn by the Town Consultants are flawed and are not achievable. The bottom line is that Uptown Avenue cannot be projected through the site in a diagonal curvilinear route and still leave sufficient room for the Home Depot. However, the same effect has been achieved in their submitted design. Mr. Hann highlights some of the problems with the demo plans provided just prior to the June 27 Council meeting. He states that Uptown Avenue is not needed and, even if the analysis and peer review are wrong, Uptown Avenue can be built on the existing Town owned Right of Way. Mr. Hann encourages Council to vote to allow that the residents want-their own local Home Depot. (Advise of actions taken) REPORT Resolution #C-357 -05 Moved by Councillor Schell, seconded by Councillor Trim THAT Confidential Report ENG-026-05 be referred to the end of the agenda to be considered during a "closed" session. "CARRIED" Special Council Meeting Minutes -6- July 15, 2005 UNFINISHED BUSINESS Resolution #C-358-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Addendum #2 to Report PSD-078-05 be received; THAT, subject to further detailed review by staff and report to Council, the proposed developments illustrated by the site plan prepared by Stantec Consulting Ltd. dated July 14, 2005 entitled "Proposed Metrus Commercial Development" and the elevation drawings of the proposed Wal-Mart store prepared by Petroff Partnership Architects, dated July 14, 2005 and the proposed Real Canadian Superstore prepared by Turner Fleischer Architects Inc., dated July 8, 2005 be endorsed in principle as illustrations of appropriate developments of the land at the northwest corner of Green Road and Highway 2; THAT, subject to the making of the Agreements referred to in the next paragraph, modifications to proposed Official Plan Amendments 43 and 44 to accommodate the Phase 1 and 2 of the proposed Wal-Mart and Real Canadian Superstore and the deletion of the public use facility and replacement with additional street-related commercial floor space on the lands owned by West Diamond Properties and Players Business Park be endorsed in principle and further consideration of them and the Zoning Amendments recommended in Report PSD-096-05 be referred to the General Purpose and Administration Committee meeting scheduled to be held on September 6, 2005; THAT the Municipality's solicitor, in consultation with the Directors of Engineering Services and Planning Services, be directed to settle necessary agreements with West Diamond Properties Inc., Players Business Park Ltd., and Halloway Holdings Ltd. to protect the Municipality's interest, including without limitation, an agreement with these companies to contribute the developers funds portion of the cost of construction of the proposed Stevens Road extension between Regional Road 57 and Green Road; THAT the deletion from the Secondary Plan of the Uptown Avenue Extension west of Clarington Boulevard and its replacement by the Stevens Road extension running between Green Road and Regional Road 57 be endorsed, in principle; THAT modifications to designate the lands adjoining Clarington Boulevard for home improvement store uses with associated parking be endorsed, in principle; THAT, subject to further review of the submissions made on behalf of Home Depot and Halloway Holdings Ltd. and the proposed site plan and elevation drawings of the Home Depot store, staff be directed to prepare detailed modifications to proposed Official Plan Amendment 44 and the proposed Zoning Amendments; Special Council Meeting Minutes -7- July 15, 2005 UNFINISHED BUSINESS (CONTINUED) THAT the Revised Official Plan Amendment and Rezoning Applications by A YT Corporation be referred back to staff for a further report to be brought back to the September 6,2005 General Purpose and Administration Committee meeting; and THAT the Region of Durham Planning Department and all interested parties be notified of Council's decision. "SEE FOLLOWING MOTION" Resolution #C-359-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting be "closed" in order to discuss legal matters. "CARRIED" The meeting resumed in open session and the foregoing Resolution #C-358-05 was put to a vote and "CARRIED". Resolution #C-360-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT the recommendations contained in Confidential Report EGD-026-05 be approved. "CARRIED" BY-LAWS By-law 2005-158 will be considered at a later date. Resolution #C-361-05 Moved by Councillor Schell, seconded by Councillor Trim THAT leave be granted to introduce By-laws 2005-157,2005-159 and 2005-160, and that the said by-laws be now read a first and second time: 2005-157 being a by-law to authorize the execution of a Road Widening Purchase Agreement between Mr. & Mrs. Smyth of 307 Scugog Street, Bowmanville, Ontario and the Municipality of Clarington Special Council Meeting Minutes -8- July 15, 2005 BY-LAWS (CONTINUED) 2005-159 being a by-law to stop up and close as a public highway Part 1 and Part 2 on Plan 40R-23536, unopened road allowance (Kilpatrick Road) and to authorize the conveyance of Part 1 on Plan 40R-23536 to Richard and Mary-Lou Brydson and to authorize the conveyance of Part 2 on Plan 40R-23536 to Edward Wallis 2005-160 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Kraco Carpentry Services, Bowmanville, Ontario, to enter into agreement for the Newcastle Memorial Arena Canteen Renovations "CARRIED Resolution #C-362-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the third and final reading of By-laws 2005-157,2005-159 and 2005-160 be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-363-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2005-161 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this special meeting held on July 15, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-364-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the third and final reading of By-law 2005-161 be approved. "CARRIED" -- - ...... Special Council Meeting Minutes -9- July 15, 2005 ADJOURNMENT Resolution #C-365-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting adjourn at 1:33 p.m. "CARRIED" I ~fZ/((!~