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:
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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
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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.
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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
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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"
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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;
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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
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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"
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ADJOURNMENT
Resolution #C-365-05
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 1:33 p.m.
"CARRIED"
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