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HomeMy WebLinkAbout07/19/1999special '-' \.- \.- ......... MUNICIPALITY OF CLARINGTON Special Council Minutes July 19, 1999 Minutes of a special meeting of Council held on Monday, July 19, 1999, at 7:20 p.m., in the Council Chambers PRAYERS ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor 1. Schell Councillor T. Young Absent: Councillor C. Trim (on vacation) Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana (attended until II :55 p.m.) Fire Chief, M. Creighton (attended until 11 :55 p.m.) Solicitor, D. Hefferon (attended until 11 :55 p.m.) Treasurer, M. Marano (attended until II :55 p.m.) Manager Development Review Branch, 1. Taylor (attended until 11 :55 p.m.) Director of Public Works, S. Vokes (attended until II :55 p.m.) Municipal Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Report TR-50-99 and all items related thereto. Special Council Minutes - 2 - July 19, 1999 '-' MINUTES OF PREVIOUS MEETING Resolution #C-473-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT the minutes ofa regular meeting of Council held on July 5, 1999, be approved. "CARRIED" PUBLIC MEETING A public meeting was held to consider the application to stop-up and close and convey, Parts 1,2 and 3, Registered Plan 40R-19013, Part Lots 2 and 3, Concession 4, Former Township of Darlington - Crooked Creek Golf Club Limited and Peter and Joan Tax. Noone was in attendance to address this issue. '-' A public meeting was held to consider the application from 542985 Ontario Limited (8. Vanandel) to stop-up and close a portion of Gaud Gate (Part I, Plan 40R-19060), to establish a O.3m (I foot) reserve at the easterly end of Gaud Gate (Part I, Plan40R-19060), to divert the highway shown as Old Scugog Road and the intersection with Regional Road 57 to a location approximately 55m (177 feet) north ofthe existing intersection. Noone was in attendance to address this issue. PRESENTATION The municipality's Y2K Officer, Fire Chief Mike Creighton, introduced Fred Horvath and Lou Ann Birkett, members of the Y2K Committee, who provided Council with a presentation outlining the Y2K concerns, steps citizens can take to ensure their homes are Y2K compliant and actions being undertaken by the municipality. They indicated that the Y2K Committee will be holding open houses in order to allow residents to meet with respective agencies to discuss their concerns and that presentations will be made to any group upon request. "-' Special Council Minutes - 3 - July 19, 1999 '-' DELEGATIONS Janie Dodds, Chair, Local Architectural Conservation Advisory Committee, 3917 Clarke 8th Concession, R.R. #1, Orono, LOB IMO provided Council with a Status Report on the activities of the Committee. Mrs. Dodds indicated that the Committee is at this time unable to proceed with the Bowmanville Inventory Book but they are pleased to assist the municipality in completion of this project. She is requesting however, that the Committee receive 5% of the royalty ofthe sale of each book and that a page "Notes from the Publisher" submitted by LACAC describing their mandate, input and contribution to both the book and the community be included in the book. '-' Issack Ziniuk, 997539 Ontario Ltd., Castle Hotel, 54 King Street East, Bowmanville, L I C I N3 addressed Council with respect to Report CD-26-99 which recommends the passing of a licensing by-law to regulate Adult Entertainment Parlours. He stated that the proposed by-law is very similar to the by-law recently passed by the City of Oshawa. This by-law has been challenged by two businesses within the City and presently is not being enforced, pending the decision of the Courts. He is requesting that Council defer the passing of the proposed by-law until such time as a decision is received on the challenge to the City of Os haw a's by-law. John Pajak, Waljan Holdings Company Limited, t/a Ye Olde Tanglewood Restaurant, 1540 Highway #2, Courtice, LIE 2R6 was called but was not present. Inspector Ross Smith and Constable Jeffrey Haskins, Durham Regional Police Services, 77 Centre Street North, Oshawa, LI G 4B7 addressed Council in support of the recommendations contained in Report CD-26-99. Inspector Smith indicated that the City of Oshawa passed their Adult Entertainment By-law on June 7, 1999, therefore, displacement of these activities will take place. The proposed by-law is straightforward and will be easy for the police force to enforce. He indicated that the proposed by-law is a combination ofthe best sections of various by-laws from around the Golden Horseshoe. Kelvin Whalen, The Kaitlin Group Ltd., 1029 McNicoll Avenue, Scarborough, MI W 3W6 addressed Council with respect to Report PD-85-99 rather than Report ADMIN-25-99 as indicated in the agenda. Mr. Whalen indicated that the staff report accurately portrays the decisions which have taken place between the municipality and the Kaitlin Group. He stressed, however, that his company is not prepared to dedicate the Graham Creek valley land to the municipality. ~ Special Council Minutes -4- July 19, 1999 \.. DELEGATIONS Wayne Clark, 177 Nonquon Road, Oshawa, LI G 3S2 addressed Council on behalf ofthe Durham Region Homebuilders Association with respect to Report ADMIN-25-99. Mr. Clark indicated that the Association supports all but one recommendation in the report. He requested that that portion dealing with indoor recreation be phased in over a three-year period. Mr. Clark also questioned the number of residential units used in the calculations. Dr. John Campbell, 250 Baldwin Street, Newcastle, LIB ICl addressed Council on behalf of Mrs. Robyn Richard with respect to Report PD-85-99. Dr. Campbell submitted a petition from residents of Clark and Baldwin Streets requesting that Council amend the Principles of Understanding respecting Phases I and 2 of the Port of Newcastle Development in such a way that the CNR underpass on Mill Street would be left as it presently is until such time as there are 100 dwellings occupied in the development and at that time the widening of the underpass proceed as expeditiously as possible. '-' Ken Donaldson, 527 Mill Street South, Newcastle, LIB ICI was called but was not present. Erskine Duncan, 27 Boulton Street, Newcastle, LIB IL9 addressed Council on behalf of the Bondhead Community Association with respect to Report PD-85-99. Mr. Duncan expressed disappointment with the recommendation for Council to approve Option I of the report. He questioned the traffic figures referred to in the report and requested another meeting with the Public Works staff to discuss traffic safety. Mr. Duncan provided Council with a history of the Graham Creek valley land and urged Council to aggressively attempt to put the ownership ofthese lands back onto the discussion table with the Kaitlin Group. Jack Eilbeck, 626 Mill Street South, Newcastle, LIB lCl addressed Council as a member of the Newcastle Ratepayers Association and a member of the Bondhead Community Association with respect to Report PD-85-99. He indicated that the wetland area at the west end of the development is a natural area of flora and fauna which he would like to see protected for future generations. He indicated that the protection of the area should be vested with the municipality. David Rickard, c/o 27 Boulton Street, Newcastle, LIB IL9 was called but was not present. \...- Special Council Minutes - 5 - July 19, 1999 "'" DELEGATIONS Gord Carveth, 612 Mill Street South, Newcastle, LIB lC1 advised Council that he was in support of the earlier comments with respect to Report PD-85-99. Dean Avery, 524 Mill Street, Newcastle, LIB ICI was called but was not present. Linda Gasser, P.O. Box 399,7421 Best Road, Orono, LOB IMO advised Council that, further to developments between herself and the municipality today, there was no need for her to address Council with respect to Report PD-89-99. Bill Woods, 3296 Taunton Road, R.R. #2, Orono, LOB lMO addressed Council with respect to Report PD-89-99. He questioned whether proper road improvements will be completed and the use of an agricultural implement storage shed. ~ Richard Ward, 3709 Regional Road 9, Orono, LOB IMO addressed Council with respect to Report PD-89-99. He indicated that it is unacceptable to him for any amendment to the Official Plan to be approved which would allow for anything other than "only" a fur garment factory on the subject property. Resolution #C-474-99 Moved by Councillor Novak, seconded by Councillor Schell THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 9: 15 p.m. William D. Manson, 20 Clematis Road, Willowdale, M2J 4X2 addressed Council in support of the recommendations contained in Report PD-90-99. "'" Special Council Minutes - 6 - July 19, 1999 '-' DELEGATIONS Chris Conti addressed Council on behalf of Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml with respect to Report PD-91-99. Mr. Conti stated that the Ministry of Natural Resources is in the process of defining the limits of the wetlands complex in this area and requested that Council defer consideration of this matter until that response is received. He questioned what water quality treatment was being undertaken, the setback of 4.5 metres from the top of the bank and the 60 metre vegetative corridor. Mr. Conti stressed that the wetland complex issue should be identified for the development referenced in Report PD-90-99 also. Glenn Genge, D.G. Biddle and Associates, 96 King Street East, Oshawa, LlH lB6 addressed Council with respect to Report PD-91-99. He indicated that this development is a finishing off of the reserve lots and is an extension to McLellan Drive. Approval of the recommendations will allow for the development of sixteen large lots. Mr. Genge indicated that there are many environmental controls in the conditions of draft approval. \.- Paul Gearing, 3131 Tooley Road, Courtice, LIE 2K8 indicated support of the recommendations contained in Report PD-91-99 and stated that he looks forward to moving ahead with the project. Roy Forrester, 6 Mill Lane, Orono, LOB lMO requested Council's final approval for the full length of the Clarington Chapter of the Oak Ridges Trail ending on the Boundary Road with Hope Township. He indicated that extending the trail through the former Clarke Township on unopened road allowances to the boundary is not a problem at this time. Mr. Forrester indicated that the Association would also like to have approval to use specific sections of unopened road allowances to enhance the outdoor experience as well as viewing some exciting Clarington scenery. Bob Allison, President, Ontario Ridges Trail Association, P.O. Box 28544, Aurora, L4G 6S6 advised that the Oak Ridges Trail Association was formed in May 1992 by a group of volunteers interested in developing a recreational trail along the moraine. Their long-term goal is to develop the trail section by section from the Niagara Escarpment in the west to the Northumberland Forest in the east. This will link the Trans Canada Trail, the Bruce Trail, the Ganaraska Trial and the adjacent valley lands such as the Humber and Rouge. \0,.. \...- Special Council Minutes July 19, 1999 DELEGATIONS COMMUNICATIONS D-l \. Durham Central Fair D-2 Development Charges By-law \.,.. - 7 - Kerry Meydam, 3828 Trulls Road, Courtice, LIE 2L3 verbalised her concerns with respect to the frequency which developers request Council's approval to decrease the amount of setback from watershed areas. She stated that a dangerous precedence is being set with development not adhering to the municipality's Official Plan. Resolution #C-475-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Items D - I and D - 2 be approved as per the agenda. "CARRIED" Wm. J. Tomlinson, Parade Chairman, Durham Central Agricultural Society, P.O. Box 90, 2 Princess Street, Orono, LOB IMO requesting permission to hold the annual fair parades. The Opening Day Parade will be held on Thursday, September 9, 1999 and the Children's Parade will be held on Friday, September 10, 1999. The Durham Central Fair is celebrating its 147 anniversary. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) Bill Palander, RIM, President, Toronto Real Estate Board, 1400 Don Mills Road, Don Mills, M3B 3NI outlining the Toronto Real Estate Board's views on the new Development Charges By-law. They believe that development charges have been a significant barrier to housing affordability and economic development for several years. Their understanding is that development charges are a way in which municipalities can require those who develop land to contribute to the capital costs necessary to service new development. This means joint responsibility and the fair sharing of the costs between new growth and the existing taxpayer. The intent of the provincial reforms to the Act in 1997 was to reduce charges. Development charges ultimately affect the affordability of resale homes since these costs are passed on in the form of an increased sale price. In addition, the impact of charges on the business sector would be the loss of jobs and investment to other jurisdictions that have lower development costs. '-' Special Council Minutes July 19, 1999 COMMUNICATIONS MOTION NOTICE OF MOTION Clarington Waste Processing Centre ~ \... - 8 - The residential sector has been the engine for most new development over the last several years and any increase to development charges will run contrary to the goal of providing affordable housing. They would support any move to lower these charges as higher development charges would also result in higher costs for developers and tenants of industrial and commercial properties at a time when the industry is only beginning to recover from a lengthy downturn. (Advise of actions taken and forward a copy of the staff report) Resolution #C-476-99 Moved by Councillor Mutton, seconded by Councillor Schell WHEREAS Clarington Waste Processing Centre Ltd. is proposing to expand the former Newcastle Landfill Site; NOW THEREFORE BE IT RESOLVED THAT Council direct staff to attend and monitor the public information meetings; and FURTHER THAT the Ministry of Environment be requested to keep the Municipality of Clarington informed of all relevant happenings and, upon completion of the Environmental assessment, make a presentation to Clarington Council. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Young Mayor Hamre Councillor Trim Special Council Minutes - 9 - July 19, 1999 '-" REPORTS Mayor Hamre vacated the chair for consideration of Report ADMIN-25-99. Acting Mayor Schell chaired this portion of the meeting. Report # I Resolution #C-477-99 Development Charges Moved by Councillor Rowe, seconded by Councillor Mutton THAT Report ADMIN-25-99 be received; THAT the Capital Works forecast as contained in the Development Charges Background Study - Final Report, July, 1999 be approved; THAT Council in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met, and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; ~ THAT the Municipality of Clarington not impose a charge related to Hydro Electric Services; THAT the Municipality of Cia ring ton not impose a charge on industrial development; THAT the Development Charges By-law attached to Report ADMIN-25-99 be approved; THAT the by-law attached to Report ADMIN-25-99 authorizing the close out of existing Development Charges Reserve Funds, establishment of new Development Charges Reserve Funds, and transfer of previous fund balance into new funds, be approved; THAT staff continue working with Hemson Consulting Ltd. to expand the scope of the financial impact analysis and report back to Council dealing with such matters as operating cost impact, cash flow analysis, etc. as related to the capital works program developed for the Development Charges Study; '-' Special Council Minutes - 10- July 19, 1999 '-" REPORTS THAT although the proposed development charge by-law has been changed following the statutory meeting held by Council on June 14, 1999 respecting the Development Charges Background Study, the Municipality of Clarington, dated May, 1999, and a Final Background Study dated July, 1999 has been prepared and is before Council for approval, Council hereby determines that a further public meeting under section 12 ofthe Development Charges Act is not necessary regarding the Background Study dated May, 1999, the Final Background Study dated July, 1999 and the proposed by-law as changed; and THAT all delegations be acknowledged and be advised of Council's decision. "SEE FOLLOWING MOTION" Resolution #C-478-99 Moved by Mayor Hamre, seconded by Councillor Novak '-" THAT Report ADMIN-25-99 and the foregoing Resolution #C-477-99 be referred back to staff to review the projected numbers and the time projections in an attempt to bring forward a reduced Development Charge; THAT this matter be considered at a special meeting of Council to be held at 9:30 a.m. on Thursday, July 29,1999; and THAT the Development Charges Report be the only item on the agenda for that meeting. "CARRIED" Mayor Hamre reassumed the chair. Report #2 Resolution #C-479-99 Adult Entertainment Parlours Moved by Councillor Young, seconded by Councillor Rowe THAT Report CD-26-99 be received; THAT the proposed Municipal Licensing By-law, including Schedule A and Schedule B, attached to Report CD-26-99, be passed; ~ '-' '-' ~ Special Council Minutes REPORTS Report #3 1999-2000 Schedule of Rates and Fees Report #4 Walkway Connection - 11 - July 19, 1999 THAT By-law 97-36 be repealed; THAT the short form wording and set fines set out in Attachment '2' of Report CD-26-99 be approved; and THAT the owners of the Castle Hotel and the Tanglewood Tavern be advised of Council's actions. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Young Mayor Hamre Councillor Trim Resolution #C-480-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report No. CS-1I-99 be received; and THAT Council approve the proposed schedule of Rates and Fees attached to Report CS-II-99, effective September 1,1999. "CARRIED" Resolution #C-481-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Report No. CS-13-99 be received for information. "CARRIED" '-" \.- \.,... Special Council Minutes REPORTS Report #5 Beach Volleyball Report #6 Schickedanz Bros. Ltd. Rezoning Appl. DI4.ZBA.99.016 - 12 - July 19, 1999 Resolution #C-482-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report No. CS-12-99 be received; and THAT Ms. Anthea Rowe be thanked for her initiative in providing a beach volleyball facility at the Courtice Community Complex. "CARRIED" Resolution #C-483-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Report PD-87-99 be received; THAT the request submitted by Lawrence Wesson on behalf of Schickedanz Bros. Ltd. for removal of the Holding (H) symbol from the subject lands be approved and that the amending By-law attached to Report PD-87-99 be forwarded to Council for approval; THAT a copy of Report PD-87-99 and the attached Amendment be forwarded to the Region of Durham Planning Department; THAT the attached Amendment to Report PD-87-99 be circulated in accordance with the regulations made under the Planning Act; and THAT all interested parties listed in Report PD-87-99 and any delegation be advised of Council's decision. "CARRIED" Special Council Minutes - 13 - July 19, 1999 \.- REPORTS Report #7 Resolution #C-484-99 Sign By-law Amendment Moved by Councillor Schell, seconded by Councillor Rowe THAT Report PD-88-99 be received; THAT the amendment to Sign By-law No. 97-157 as contained in Attachment No. I to Report PD-88-99 be approved; and THAT all interested parties listed in Report PD-88-99 and any delegations be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent \.- Councillor Mutton Councillor Novak Councillor Rowe Councillor ScheU CounciUor Young Mayor Hamre Councillor Trim Report #8 Resolution #C-485-99 Paula Lishman Moved by Councillor Novak, seconded by Councillor Schell International Ltd. D09.COP A.97.008 THAT Report PD-89-99 be received; THAT the Ontario Municipal Board be requested to: i) modify Amendment No.9 to the Clarington Official Plan in accordance with Attachment No. I to Report PD-89-99 as amended in accordance with the memorandum dated July 19, 1999 from the Director of Planning and Development and the Solicitor; ii) approve Amendment No.9 to the Clarington Official Plan, as so modified \.,.. Special Council Minutes -14 - July 19, 1999 \... REPORTS THAT staff be authorized to appear before the Ontario Municipal Board in support of the decision of the Land Division Committee to approve the proposed consent to sever LD 327/98, in accordance with Report PD-89-99; and THAT the interested parties listed in Report PD-89-99 and any other delegations be notified of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent '-' Councillor Mutton Councillor Novak Councillor Rowe Councillor ScheU Councillor Young Mayor Hamre Councillor Trim Report #9 Resolution #C-486-99 Claret Investments Moved by Councillor Schell, seconded by Councillor Rowe Ltd. & Rexgate Holdings Ltd. THAT Report PD-90-99 be received; THAT the proposed red-line revisions to Draft Approved Plan of Subdivision 18T-91 005, dated June 22, 1999, submitted by W.D.M. Consultants on behalf of Claret Investments Ltd. and Rexgate Holdings Ltd. be approved, subject to the conditions contained in Attachment No.3 to Report PD-90-99; and THAT the Durham Region Planning Department, and all interested parties listed in Report PD-90-99 and any delegation be advised of Council's decision. "CARRIED" \... \... \... \... Special Council Minutes - 15 - July 19, 1999 REPORTS Report # 10 Resolution #C-487-99 H. Kassinger Moved by Councillor Young, seconded by Councillor Schell Construction Ltd. and Gearing Farms THAT Report PD-91-99 be received; THAT the application for proposed plan of subdivision, submitted by D.G. Biddle and Associates Ltd. on behalf of H. Kassinger Construction Ltd. and Gearing Farms Ltd. be approved subject to the conditions of draft approval contained in Report PD-91-99; THAT the Mayor and Municipal Clerk be authorized by by-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; THAT a copy of Report PD-91-99 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-91-99 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-488-99 Moved by Councillor Novak, seconded by Councillor Schell THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 11 :20 p.m. '-' Special Council Minutes July 19, 1999 REPORTS Report # II Architectural Control Report # 12 '-' Property Clean Up \... - 16 - Resolution #C-489-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Report PD-92-99 be received; THAT Council approve the request from The Kaitlin Group Limited seeking relief from the provisions of Paragraphs 1 a) and 4b) of the Architectural Control Standards, Schedule "W" contained within the Municipality's core subdivision agreement; and THAT the interested persons listed in Report PD-92-99 and any other delegation be notified of Council's decision. "CARRIED" Resolution #C-490-99 Moved by Councillor Rowe, seconded by Councillor Novak THAT Report CD-27-99 be received; and THAT authorization be given to the Municipal Law Enforcement Officers to undertake all necessary actions to have the property know as Lot 6, Plan 40M-1798 and Lot 6, Plan 40M-I779, Dalepark Drive, Courtice, cleaned up; and THAT all costs associated with the clean-up be initially charged against contingency account number IIOO-9-X and subsequently added to the Collector's Roll and collected in the same manner and with the same priorities as Municipal Real Property Taxes. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Report TR-50-99; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle Canada Inc. who is referenced in the report. '"" Special Council Minutes July 19, 1999 REPORTS Report # 13 CL99-8 Westside Creek ~ Report # 14 Smart Communities Demonstration \. - 17 - Resolution #C-49l-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Report TR-50-99 be received; THAT Dagmar Construction Inc., Marham, Ontario, with a total bid in the amount of$982,580.54 (including G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL 99-8, be awarded the contract for the construction of Westside Creek Bridge and Cove Road as required by the Department of Public Works; THAT the total funds required in the amount of $632,200.00 ($982,500.54 + design, contract administration and utilities less Blue Circle Contribution) for the Municipality ofClarington portion be drawn from the Public Works Account #7205-97006-0261; THAT the costs attributable to Blue Circle Canada Inc. be interim financed from working Funds Reserve Account #2900-00001-0000; THAT expropriation up to the budget limit for legal consulting and other related costs of$59,600.00 be charged to the Public Works Capital Account for Cove Road and any further costs up to $53,717.00 be charged to the General Capital Reserve account #2900-00017-0000 as necessary; and THAT the By-law marked Schedule "A" attached to Report TR-50-99 authorizing the Mayor and Municipal Clerk to execute the agreement be approved. "CARRIED" Resolution #C-492-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report TR-51-99 be received for information. "CARRIED" ~ ~ \... Special Council Minutes REPORTS Report # 15 Monthly Report Building Permit - 18 - July 19, 1999 Resolution #C-493-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Report WD-33-99 be received for information. "CARRIED" Resolution #C-494-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT Confidential Reports ADMIN-26-99 and ADMIN-27-99 dealing with personnel and property matters be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Principles of Understanding Resolution #C-495-99 Moved by Councillor Novak, seconded by Councillor Mutton THAT Addendum to Report PD-54-99 be received; THAT Report PD-54-99 be lifted from the table; THAT Report PD-54-99 be received; THAT the Principles of Understanding contained in Attachment No.3 to Report PD-54-99 be approved, subject to the date August 31, 1999 being changed to read September 15, 1999 wherever the former date appears; THAT a by-law be passed to authorize the Mayor and Clerk to execute the Principles of Understanding on behalf of the Municipality; THAT Option I respecting access to Phase I of the Port of Newcastle development as set out in Section 2 of Addendum to Report PD-54-99 be approved; Special Council Minutes - 19- July 19, 1999 '-' UNFINISHED BUSINESS THAT Kaitlin's request be granted relying on Kaitlin's written undertaking contained in Attachment No.2 and pass a by-law authorizing the Municipality to accept transfers of Parts 4 to 6 and 12 to 18, all inclusive on Plan 40R-18328 from Ontario Hydro and Parts 8 to 10, all inclusive on Plan 40R-18328 from the Region of Durham; THAT the By-law attached to Report Addendum to Report PD-54-99 authorizing the Municipality to accept transfers from Ontario Hydro and the Region of Durham relying on Kaitlin's written undertaking, be approved; and THAT the interested persons listed in Addendum to Report PD-54-99 and any other delegations be notified of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) \... Port of Newcastle Development Resolution #C-496-99 Moved by Councillor Mutton, seconded by Councillor Young THAT the foregoing Resolution #C-495-99 be amended by the sixth paragraph and replacing it with the following: "THAT Option #1 respecting access to Phase I of the Port of Newcastle development as set out in Section 2 of Addendum to Report PD-54-99 be amended to include that traffic volumes be monitored throughout the construction of the development and that at the time of the 100th occupancy staffreview and report back to Council on the issue of signalization and approved, as amended." "CARRIED ON THE FOLLOWING RECORDED VOTE" '--' Special Council Minutes - 20- July 19, 1999 '--' UNFINISHED BUSINESS Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Young Mayor Hamre Councillor Trim The foregoing Resolution #C-495-99 was then put to a vote and "CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE": Recorded Vote Yea Nay Absent ~ Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Young Mayor Hamre Councillor Trim Resolution #C-497-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report PD-85-99 be received; THAT, as soon as is reasonably practical following the expiration ofthe Unconditional Date defined in the Principles of Understanding attached to Report PD-54-99, the Region of Durham be advised that the Municipality of CIa ring ton recommends: a) approval of the further red-line revisions to draft plan of subdivision 18T-91004 as shown on the plans contained in Attachment No.2 to Report PD-85-99; \. Special Council Minutes - 21 - July 19, 1999 '--' UNFINISHED BUSINESS b) the amendment to the conditions of approval of draft plan of subdivision 18T-91004 as set out in Attachment No.4 to Report PD-85-99; THAT the Mayor and Municipal Clerk be authorized, by By-law, to execute the Subdivision Agreement between the Owner of the revised draft plans of subdivision 18T-91004 and the Corporation of the Municipality of Clarington at such time as an agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development. The revised Subdivision Agreement is to reflect the revised conditions of draft approval contained in Attachment No.4 to Report PD-85-99 and the provisions of the Principles of Understanding attached to Report PD-54-99; and THAT the Region of Durham Planning Department and all interested parties listed in Report PD-85-99 and any delegations be advised of Council's decision. \. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Young Mayor Hamre Councillor Trim Resolution #C-498-99 Moved by Councillor Young, seconded by Councillor Novak THAT the delegation of Janie Dodds be received and referred to staff for consideration of her request and preparation of a report to be submitted to the General Purpose and Administration Committee. "CARRIED" ~ '"" ~ '-' Special Council Minutes - 22- July 19, 1999 UNFINISHED BUSINESS Resolution #C-499-99 Moved by Councillor Novak, seconded by Councillor Young THAT the delegations of Roy Forrester, Bob Allison and the correspondence dated July 7, 1999 from Leigh Parker and addressed to Ms. Jan O'Neill be received and referred to the Director of Public Works for review and preparation of a report to be submitted to the General Purpose and Administration Committee. "CARRIED" Resolution #C-500-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the delegation of Kerry Meydam be received for information. "CARRIED" BY-LAWS Resolution #C-501-99 Moved by Councillor Novak, seconded by Councillor Young THAT By-laws 99-125 and 99-126 be tabled to the Special Council Meeting scheduled to be held at 9:30 a.m. on July 29, 1999. "CARRIED" Councillor Schell stated a pecuniary interest with respect to By-law 99-124; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that the by-law affects his employer, Blue Circle Canada Inc. Special Council Minutes \..- BY-LAWS - 23- July 19, 1999 Resolution #C-502-99 Moved by Councillor Young, seconded by Councillor Rowe THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 99-83 99-116 99-11 7 \.,.. being a by-law to authorize the Principles of Understanding between the Corporation of the Municipality ofClarington and 1138337 Ontario Inc. being a by-law to authorize entering into an Agreement with 1138337 Ontario Ltd., The owners of Plan of Subdivision 18T-91004 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Cia ring ton in respect of 18T -91004 being a by-law to authorize entering into an Agreement with 1317870 Ontario Ltd., The Owners of Plan of Subdivision 18T-97002 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -97002 99-118 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 99-119 being a by-law to amend By-law 97-157, as amended of the Municipality ofClarington 99-120 being a by-law to stop-up and close and authorize the conveyance of part of the unopened road allowance between Lots 2 and 3, Concession 4, former Township of Darlington 99-121 being a by-law to stop-up and close a portion of Gaud Gate and terminate the intersection at Regional Road 57; to establish a one foot reserve; and to divert a portion of Old Scugog Road and the intersection of Old Scugog Road and Regional Road 57 99-122 being a by-law to repeal By-law 99-109, a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle '-' \,... '-' ~ Special Council Minutes - 24- July 19, 1999 BY-LAWS 99-123 being a by-law to license, regulate and govern certain businesses in the Municipality ofClarington 99-124 being a by-law to authorize a contract between the Corporation of the Municipality ofClarington and Dagmar Construction, Markham, Ontario, for the construction of Wests ide Creek Bridge and Cove Road 99-127 being a by-law to authorize the Municipality to accept the transfer oflands from Ontario Hydro and the Regional Municipality of Durham, relying on a written undertaking from The Kaitlin Group Limited "CARRIED" Resolution #C-503-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the third and final reading of By-law 99-83,99-116 to 99-124 inclusive and 99-127 be approved. "CARRIED" Resolution #C-504-99 Moved by Councillor Rowe, seconded by Councillor Mutton WHEREAS no long range planning policy exists for public land acquisition; NOW THEREFORE BE IT RESOLVED that staff be directed to develop a Public Land Acquisition Policy and present it to Council prior to the new year. "CARRIED" '-' \w. '"" Special Council Minutes - 2S - July 19, 1999 OTHER BUSINESS Resolution #C-S05-99 Moved by Councillor Young, seconded by Councillor Mutton THAT members of the local press receive notice of all meetings at which all Members of Council are requested to attend. "CARRIED" Resolution #C-506-99 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting be "closed" in order to discuss a personnel and a property matter. "CARRIED" Resolution #C-S07-99 Moved by Councillor Schell, seconded by Councillor Young THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" CONFIRMING BY-LAW Councillor Schell indicated pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-S08-99 Moved by Councillor Young, seconded by Councillor Rowe THAT leave be granted to introduce By-law 99-128 being a by-law to confirm the proceedings of the Council of the Municipality of CIa ring ton at this meeting held on the 19th day of July 1999, and that the said by-law be now read a first and second time. "CARRIED" Special Council Minutes - 26- July 19, 1999 '-' CONFIRMING BY-LAW Resolution #C-509-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the third and final reading of By-law 99-128 be approved. "CARRIED" ADJOURNMENT Resolution #C-Sl 0-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 12:25 a,m. "CARRIED" '-' g/~~~d// MAYOR '-