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HomeMy WebLinkAbout01/29/1996 . . --. MUNICIPALITY OF CLARINGTON Council Minutes January 29, 1996 Minutes of a regular meeting of Council held on Monday, January 29, 1996, at 6:00 p.m., in the Council Chambers PRAYERS Councillor Hannah led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Also Present: Chief Administrative Officer, W. H. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton (Attended Until 11:07 p.m.) Manager, Strategic Planning, D. Crome (Attended Until 11:07 p.m.) Solicitor, D. Hefferon (Attended Until 11:07 p.m.) Treasurer, M. Marano (Attended Until 11:07 p.m.) Director of Public Works, S. Vokes (Attended Until 11:07 p.m.) Director of Planning and Development, F. Wu (Attended Until 11:07 p.m.) Clerk, P. Barrie DECLARATIONS OF INTEREST Councillor Novak indicated that she would be making a declaration of interest with respect to any delegations referring to the North Courtice D - 6 Area, Item #13 of Report #1 and Sections 2.1,2.2 and 2.3 of Report PD-13-96. Councillor Pingle indicated that she would be making a declaration of interest with respect to By-laws 96-34 and 96-35 and during consideration of the personnel matter, during the "In Camera" session. MINUTES OF PREVIOUS MEETINGS Resolution #C-67-96 Moved by Councillor Pingle, seconded by Councillor Novak THAT the minutes of a special meeting of Council held on January 12, 1996, be approved; and THAT the minutes of a regular meeting of Council held on January 15, 1996, be approved. "CARRIED" . . . Council Minutes DELEGATIONS - 2 - January 29, 1996 Kirsten Deeth, 27 Rutherford Drive, Newcastle, LIB IG7, was called but was not present. Jan Sudsbury, 60 Wellington Street, Bowmanville, and Cheryl Campbell, 12 Liberty Place, Bowmanville, LIC lW6, previously re-scheduled their delegation to be heard on February 12, 1996. Steven Frank, 115 Simcoe Street South, Oshawa, LIH 4G7, addressed Council pertaining to the recommendations contained in the Official Plan, to change the M-2 Zoning on part of the South Bowmanville Industrial Lands to Prestige Employment Area. He indicated that this decision could lose the Municipality a great deal of tax dollars and create unnecessary hardship to the landowners who cannot find end users for their land which has dropped drastically in value in the last few years. He indicated that he is now on the verge of securing an offer on these lands conditional upon the lands remaining zoned M-l and M-2. If the zoning changes, companies are not willing to waste time and money on consultants to apply for rezoning when they have towns and cities on either side of the border who will welcome them with open arms. Gordon White, 37 Windsor Valley Place, Courtice, LIE 114, addressed Council with respect to Section 17.3 of the Recommended Official Plan - Special Study Area #2 - Westside Marsh/Cove Residential Area. Mr. White indicated support for this section of the plan as written i.e., the interim use of lands being governed by the existing zoning by-law. Hugh Neill, 2111 Prestonvale Road, Courtice, L1E 2S2, addressed Council with respect to the re-alignment of Prestonvale Road in the recommended Official Plan. Mr. Neill stated that leaving Prestonvale Road as an arterial road is not acceptable and requested that Council change the designation now and not leave the decision to future Councils. Mr. Neill also addressed Council with respect to Report PD-15-96, recommendations 7 and 8. He requested that Council not refer these changes to the Ontario Municipal Board but rather request the Regional Municipality of Durham to delete the designation of Prestonvale Road between Glenabbey Drive and Bloor Street as a Type C Arterial Road. Frank Harris, 3403 Liberty Street North, RR #5, Bowmanville, LIC 3K6, requested that Lots 8, 9 and 10, north of Concession Road 3, former Township of Darlington, be included in the Urban Boundary in the Official Plan. He stated that the inclusion of these lands makes sense and saves money as all the services to these lands are already established adjacent to the properties. Development in this area would also be a continuity of previous development already allowed and completed. Gail Waisglass, P.O. Box 401, Whitby, L1N 5S4, was called but was not present. . . . Council Minutes DELEGATIONS - 3 - January 29, 1996 Bob Hann and Debbie Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, LIG 3S2, addressed Council with respect to the property located at King Street and Townline Road. Mr. Hann advised that the changes which have been presented have assisted with their concern, however, they still disagree with the lack of truck traffic control. He suggested that a laneway be added to assist with the situation. (During discussion with the Director of Public Works it was agreed that Mr. Hann's concern would be addressed during the site plan stage). Joseph C. Victor, Creighton, Victor, Alexander, Hayward & Morison, 235 King Street East, Oshawa, L1H lC5, addressed Council on behalf of his client, the owners of lands described as Part Lot 14, Concession 3, known as Part 2, Plan lOR-2976. He questioned why his client's property is being designated as Environmental Protection Area when the description of Environmental Protection Land in the Plan in no way fits the subject lands. David W. Rice, Ridge Pine Park Inc., 1 Wheelhouse Drive, Unit #1, Newcastle, LIB IB9, advised prior to the meeting that he would not be in attendance. Professor James Lovekin, P.O. Box 189, 3 King Street West, Colbourne, KOK ISO, appeared before Council with respect to the property consisting of just less than 20 acres located north of Highway 35/115, the north end of Lot 35, Concession 1, former Township of Clarke. Professor Lovekin indicated support for the designation of the subject property within the Recommended Official Plan. W.D. Manson, W.D.M. Consultants, 20 Clematis Road, Willowdale, M2J 4X2, addressed Council with respect to Courtice Heights Development Subdivision 18T-91005, a two-acre commercial block. He noted that the approved area for the two-acre commercial plaza site has inadvertently not been amended from 1650 square metres to the ministerial approved 1670 square metres. He requested that Section 10.6.3 be amended by adding the following words to the end of the sentence: "and replace the numeral '1650' with the numeral '1670' being the number of permitted retail floor space." Mr. Manson also addressed Council regarding Courtice Heights Development Subdivision 18T-92014 and 18T-94027 and requested that in the technical revisions and errata (Official Plan Maps) Section of Report PD-13-96, the comment on Map E - 1 be amended by adding the following sentence; "replace the numeral '2900' with the numeral '3200' being the population target for the Hancock area." Mr. Manson addressed Council with respect to the phasing policies contained within the Official Plan. He requested that in the technical revisions and errata (Official Plan text) Section of Report PD-13-96, the comment in Section 5.3.6(b) be amended by adding the words "the priority for" at the beginning of the sentence. . . . Council Minutes DELEGATIONS - 4 - January 29, 1996 Mr. Manson addressed Council with respect to a 154 acre parcel located in the Hamlet of Leskard area which is owned by Oceanfront Development Limited. Mr. Manson noted that the easterly 70 acre portion of the 154 acre parcel located in Part Lots 32 and 33, Concession 7, former Township of Clarke, has not been redesignated from Oak Ridges Moraine to General Agriculture. He requested that Council give favourable consideration to this redesignation. Kevin J. Tunney, Tunney Planning Inc., 340 Byron Street South, Suite 200, Whitby, L1N 4P8, advised prior to the meeting that he would not be addressing Council. Flora Curtis, 3280 Tooley's Road, Courtice, L1E 2K7, advised Council that she has major concerns with respect to the separate school location indicated in the Recommended Official Plan and the impact of this school location on her property. Should the Separate School Board require frontage on Tooley's Road, it will be necessary for them to acquire at least four existing residential properties and demolish the existing housing stock. If they do not require direct frontage on Tooley's Road, they could acquire the rear portions of the existing lots. Either choice will impede the orderly extension of municipal services for residential development north of the school site, because the land for the proposed site will be frozen and the services must be leap-frogged around and through the site at municipal e.l{Pense. Councillor Novak made a declaration of interest with respect to the delegations of Libby Racansky, Fred Finlayson and Kerry Meydam; vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in close proximity of the subject area. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2Ml, addressed Council with respect to Report PD-13-96. She outlined amendments that she would like to see included in Section 17.6.1, Section 4.5.3, Section 20.2.3 and Section 19.5.4 of the Official Plan. Fred Finlayson, 14 Timberlane Court, Courtice, LIE 2Hl, requested that Council revisit and reverse the recent decision to move the urban line northwardly to Pebblestone Road on the D-6, R-39 property. He made the following points: · Development of these lands is not a viable financial investment of ta.xpayers money at this time. · Parcels of land below Highway #2 with easy accessibility of all services should be developed first. · Map A-2 in the Official Plan shows the property in question protruding like an island on its own and not part of the community. · As stated in Staff Report PD-13-96, planning staff do not support the inclusion of these lands in the Courtice Urban Area. . . . Council Minutes DELEGATIONS - 5 - January 29, 1996 · Durham Region Planning Staff support the assessment of Clarington Staff. · Lake Ontario Greenway Strategy and Waterfront Regeneration Trust urged the protection of Farewell and Harmony Creeks preferring them to major corridors to second marsh. · Watershed, Water Management Studies must be completed before any proposal is even considered. · It is far more costly to restore in the future mistakes that are made today. Kerry Meydam, 3828 Trulls Road, Courtice, L1E 2L3, requested that the urban boundary for Courtice North be reverted back to the location recommended in the Draft Official Plan or the recommended 2016 Urban Area Boundary from Public Consultation Report #7 of August 1995. She bases this request on the following reasons: · Recommendations from Clarington Planning Staff throughout the Official Plan process. · Recommendations of CLOCA Staff. . Recommendations of Regional Planning Staff. · Deferral by Minister of Municipal Mfairs. · Within Lake Iroquois Beach. · No well water problems as was previously stated by developers. · Lake of funding available for comprehensive watershed, subwatershed study at this time and in the foreseeable future. · The Special Policy Area with underlying living area designation does not afford this area the amount of protection which is needed and requested by both residents and professionals. · No justification--not needed in 20 year land budget. · Environmental considerations, fairness and economic hardship. · Not "filling in the hole in the doughnut" as stated by proponents. . . . Council Minutes DELEGATIONS RECESS - 6 - January 29, 1996 Bill Daniell, 1029 McNicoll Avenue, Scarborough, Ml W 3W6, addressed Council with respect to the Bowmanville Urban Area within the Official Plan. Mr. Daniell stated that he is generally satisfied with the Official Plan, however, he requested the total housing unit allocation to be the Port Newcastle Neighbourhood be amended from 875 units to 1,075 units. He indicated that he has met with residents in the area and their concerns with respect to the density have been addressed. Mr. Daniell also requested that approximately seven hectares of land located west of Green Road, north of Highway #2, be amended from Residential to Highway Commercial. This would allow for the development of a gateway into Bowmanville. Mr. Daniell stated that once the development in the area has been completed, he would transfer the information centre to the Municipality at no cost for the Municipality's use as a tourist information centre. Resolution #C-68-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:20 p.m. Steve Zakem, Aird & Berlis, Barristers & Solicitors, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, M5J 2T9, addressed Council on behalf of 289143 Ontario Limited and Newcastle III Limited Partnership with respect to Report PD-15-96. He requested that Council not approve the recommendations contained in the report but rather direct staff to negotiate with his clients in an attempt to resolve the issue pertaining to the community park and Prestonvale Road. Glenda Gies, Box 36, RR #2, Bowmanville, L1 C 3K3, advised prior to the meeting that she would not be in attendance. Frank Feldman, 11 Allstate Parkway, Suite 410, Markham, L3R 9T8, addressed Council on behalf of the purchaser of Lots 5 and 6, Broken Front Concession. He indicated that the purchaser is considering a detailed review of the planning issues pertaining to the property and requested modification within the Official Plan. In order to allow his client sufficient time to review his options with the property, he requested that Council defer approval of the Port Darlington Secondary Plan. Nick Mensink, 110 Scotia Court, Whitby, L1N 8Y7, advised prior to the meeting that he would not be in attendance. Otto and Marcel Provenzano, 309 Kendalwood Road, Whitby, LIN 2G2, were called but were not present. . . . Council Minutes DELEGATIONS - 7 - January 29, 1996 Denis Schmiegelow, 261 Mill Street South, Newcastle, L1B 1C3, addressed Council with respect to the Aggregate Policies contained within Report PD-13-96. He stated that the Aggregates are a non-renewable resource and the industry must operate in compliance with the best environmental standards with no long term impact on the ecosystem. Council has had the opportunity of hearing STORM and SAGA comments, however, they have not heard the other side of the story and Mr. Schmiegelow stated that a prohibition of aggregate extractions on 45% of the aggregate area, is not wise planning. Don Given appeared on behalf of John P. Genest, Malone Given Parsons, 140 Renfrew Drive, Suite 201, Markham, L3R 6B3, representing the owners of the Selby and Amberglen lands in Newcastle Village. He stated that the recommendation contained in Section 2.17 of Report PD-13-96 to designate one third of the property as future urban residential area, will put the landowner in an awkward position in that the lands can be serviced, however, frontending costs will make it impossible to develop that amount of property. He requested that the total of the area be designated future urban residential. Ralph Whyte, RR 1, Reaboro, KOL 2XO, addressed Council with respect to Report PD-13-96. Mr. White is the owner of 25 Church Street and he requested that this area be designated as Medium Density Residential rather than Low Density Residential, thereby allowing the development of a small townhouse complex or buildings of up to four storeys. He stated that there will be a large demand for this type of housing in the next few years as seniors wish to be close to the downtown area. Clay Taylor, North Clarington Ratepayers Association, 2981 Regional Road 20, Bowmanville, L1C 3K6, was called but was not present. Councillor Novak made a declaration of interest with respect to the delegation of William Tonno; vacated her chair and refrained from discussion on the subject matter. Councillor Novak indicated that she resides in the area that is the subject of the delegation. William Tonno, Tonno Construction Ltd., 121 Marica Avenue, Oshawa, L1G 3G9, addressed Council on behalf of David Greenspan, with respect to the D-6 Deferral Area addressed in Report PD-13-96. Mr. Tonno indicated support for the recommendations in Official Plan and requested that Council adopt Option B under Section 2.2 of Report PD-13-96, thereby making no changes to the Recommended Official Plan. Bruno Harilaid, Ontario South Finance Incorporated, 601 Dundas Street East, Unit 500, Whitby, UN 7B8, addressed Council with respect of the designation of 1778 Nash Road in the Recommended Official Plan. Mr. Harilaid indicated that the Official Plan proposes a separate school site on the property and he requested that Council move the school location northerly to some vacant land to allow the school to be constructed beside a park or another school. Mr. Harilaid also raised concerns with respect to the master drainage plan and the location of the drainage ditch. . . . Council Minutes COMMUNICATIONS - 8 - January 29, 1996 Resolution #C-69-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the communications to be received for information be approved with the exception of Item I - 10. "CARRIED" I - 1 Correspondence received from Lois A. Giles, City Clerk, City of Guelph - Resolution re: Lap Dancing; I - 2 Municipal Alert received from the Association of Municipalities of Ontario - Minister Leach Introduces Amendments to Bill 26; I - 3 Correspondence received from Marjory Morden, Clerk, Town of Caledon - Resolution re: Bell Rate Increases & G.T.A. Exchange Boundaries; I - 4 Correspondence received from RC. Sudds, Superintendent of Business, The Northumberland-Clarington Board of Education - Schedule of Budget Meeting Dates; 1-5 Minutes of a meeting of the Newcastle Community Hall Board held on December 18, 1995; I - 6 Correspondence received from Sheila Copps, Deputy Prime Minister and Minister of the Environment - The Priority Substances List; I - 7 Correspondence received from B.A. McEwan, Deputy City Clerk, City of Scarborough - Fire Marshal's Report to the Solicitor General; I - 8 Correspondence received from Valerie Cranmer, Director, Strategic Planning Branch, Regional Municipality of Durham - Greater Toronto Area Residential Land Inventory Survey (January 1, 1995); I - 9 Memorandum received from the Federation of Canadian Municipalities entitled "Together We Can Change Our World" International Development Week 1996; I - 11 Correspondence received from Dale Martin, Provincial Facilitator, Ministry of Municipal Mfairs & Housing - Deferral Area No.6 (Now Referral R-39) - North Courtice Urban E.xpansion Region of Durham Official Plan; and 1- 12 Correspondence received from J.R Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority - 1996 Authority Members. . . . Council Minutes COMMUNICATIONS 1-10 Budget Cuts F05.CA D - 2 Annual Tag Day M02.GE - 9 - January 29, 1996 Resolution #C- 70-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 22, 1006, from Bernice C. Ed, 7 Centre Court, Newcastle, L1B lE9, regarding the effects the Budget Cuts will have on the Public Library, be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C- 71-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the foregoing Resolution #C-70-96 be amended by adding the following thereto: "and that a copy of the correspondence be referred to the Library Board and to the Chief Librarian." "CARRIED" The foregoing Resolution #C-70-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-72-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 16, 1996 from Doris Welsh, President, Auxiliary to Memorial Hospital, Bowmanville requesting permission to hold their Annual Tag Day, be received; THAT permission be granted to the Auxiliary to Memorial Hospital, Bowmanville to hold their Tag Day on Friday, May 10, 1996; and THAT Doris Welsh be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 3 Budget Cuts F05.CA D - 4 Complaint - Snowmobilers and Bike Riders in Burketon P01.BY D - 6 Marnwood Lifecare Centre - Wheelchair Accessible Restaurants M04.GE - 10 - January 29, 1996 Resolution #C-73-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 13, 1996 from Wylma Allin regarding washing and sweeping of streets, be received; THAT the correspondence be referred to the Director of Public Works for consideration during 1996 budget deliberations; and THAT Wylma Allin be advised of Council's decision. "CARRIED" Resolution #C-74-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence received from Darlene Charron regarding snowmobilers, bike riders and 4X4 trucks in the Burketon area, be received; THAT the correspondence be referred to the Senior Municipal Law Enforcement Officer for review and appropriate action; and THAT Darlene Charron be advised of Council's decision. "CARRIED" Resolution #C-75-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 10, 1996 from Alex Shepherd, M.P., Durham, forwarding a letter from Wendy Loback, Activity Director, Marnwood Lifecare Centre with respect to the lack of wheelchair assessable restaurants in Bowmanville, be received; THAT the correspondence be referred to the Chief Building Official for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Alex Shepherd and Wendy Loback be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 7 Official Plan Correspondence D25.TO D - 8 Budget Cuts F05.CA D - 9 Budget Cuts F05.CA - 11 - January 29, 1996 Resolution #C-76-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 12, 1996 from residents of Lord Duncan Court, rescinding their signatures from a petition regarding the designation of the Courtice North Area in the Clarington Official Plan, be received; THAT the correspondence be referred to the Planning Department of the Regional Municipality of Durham, as the approval authority for the Official Plan; and THAT Marion Brestansky, lead petitioner, be advised of Council's decision. "CARRIED" Resolution #C-77-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 16, 1996 from James Slyfield, forwarding recommendations for consideration in accommodating the provincial reductions in municipal grants, be received; THAT the correspondence be referred to staff for consideration during 1996 budget deliberations; and THAT James Slyfield be advised of Council's decision. "CARRIED" Resolution #C- 78-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 19, 1996 from Thomas Brasch regarding library services and forwarding recommendations for consideration in accommodating the provincial reductions in municipal grants, be received; THAT the correspondence be referred to staff for consideration during 1996 budget deliberations; and THAT Thomas Brasch be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D-lO St. Marys Cement Waterfront Regeneration Trust D - 14 Clarington Official Plan D25.TO D - 15 Clarington Official Plan D25.TO - 12 - January 29, 1996 Resolution #C-79-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 9, 1996 from Wilson Little, Director of Engineering, St. Marys Cement Corp regarding the Waterfront Regeneration Trust, be received; THAT the correspondence be referred to the Chief Administrative Officer for consideration in conjunction with the subject matter; and THAT Wilson Little be advised of Council's decision. "CARRIED" Resolution #C-80-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 23, 1996 from Anna D'Alessandro regarding the proposed South-west Courtice Neighbourhood Plan in the Clarington Official Plan, be received; THAT the correspondence be referred to the Planning Department of the Regional Municipality of Durham, as the approval authority for the Official Plan; and THAT Anna D' Alessandro be advised of Council's decision. "CARRIED" Correspondence Items D - 15, D - 16 and D - 17, were distributed to Council as handouts. Resolution #C-81-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 26,1996, from M.J. McQuaid, Weir Foulds, regarding the designation of Mosport Park in the Clarington Official Plan, be received as a handout; THAT the correspondence be referred to the Planning Department of the Regional Municipality of Durham, as the approval authority for the Official Plan; and THAT M.J. McQuaid be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 16 D - 17 Clarington Official Plan D25.TO D - 1 Resolution re: Adult Entertainment Establishments ClO.AD D - 5 Parking Problems Central Public School T02.P A - 13 - January 29, 1996 Correspondence Item D-16 received from Dave Milton on behalf of the Lung Association of Durham Region will be considered by the General Purpose and Adminsitration Committee on February 5, 1996 under "Other Business". Resolution #C-82-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 25 and 29, 1996, from Rosalie Evans, Solicitor, City of Oshawa, regarding the designation of Prestonvale Road in the Clarington Official Plan, be received; THAT the correspondence be referred to the Planning Department of the Regional Municipality of Durham, as the approval authority for the Official Plan; and THAT Rosalie Evans be advised of Council's decision. "CARRIED" Resolution #C-83-96 Moved by Councillor Hannah, seconded by Councillor PingIe THAT the correspondence dated January 15, 1996, from Lois Giles, City Clerk, City of Guelph, requesting Council's endorsement of a resolution allowing the City of Guelph to petition the Provincial Government to enact legislation that will allow municipalities the right to ban or limit adult entertainment establishments, be received for information. "CARRIED" Resolution #C-84-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the petition received from parents of Central Public School students requesting the installation of a drop off/pick up area for their children, be received; THAT the correspondence be referred to the Director of Public Works and the Senior Municipal Law Enforcement Officer for review and preparation of a report to be submitted to the General Purpose and Administration Committee; and THAT Cheryl Campbell, lead petitioner, be advised of Council's decision. (SEE FOLLOWING MOTIONS) . . . Council Minutes COMMUNICATIONS D - 5 Cont'd D-11 Playground Equipment Lord Elgin School M04.GE - 14 - January 29, 1996 Resolution #C-85-96 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT the foregoing Resolution #C-82-96 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to the Northumberland-Clarington Board of Education." (SEE FOLLOWING MOTION) Resolution #C-86-96 Moved by Councillor Hannah, seconded by Councillor Scott THAT the petition received from parents of Central Public School students requesting the installation of a drop-off/pick up area for their children, be tabled to February 12, 1996, at which time two delegations will appear before Council with respect to this matter. "CARRIED" Resolution #C-87-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the correspondence dated January 12, 1996 from Parents of Lord Elgin Public School requesting financial support to rebuild the playground equipment that was damaged during renovations and raising concerns regarding the drainage system of the playground's foundation basin, be received; and THAT, as the issue of the drainage system has been addressed and will be resolved in the spring of 1996 under the existing contract between the developer and the contractor and the replacement of the playground equipment is being proposed in the 1996 Public Works Capital Budget, the correspondence be referred to the Director of Public Works for direct response. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS D-ll Cont'd D - 12 Bill 26 L11.PR D - 13 Illumination Wilmot Creek M04.GE - 15 - January 29, 1996 Resolution #C-88-96 Moved by Councillor Pingle, seconded by Councillor Elliott THAT the foregoing Resolution #C-87-96 be amended by adding the following thereto: "and that the correspondence be referred to the Chief Administrative Officer to resolve this issue with the developer." "CARRIED" The foregoing Resolution #C-87 -96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-89-96 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the correspondence dated January 18, 1996, from C.W. Lundy, Regional Clerk, Regional Municipality of Durham, regarding Bill 26, be received for information. "CARRIED" Resolution #C-90-96 Moved by Councillor Hannah, seconded by Councillor Scott THAT the correspondence dated January 21, 1996 from Ruth Hinkley, Vice President, Government Liaison, Wilmot Creek Homeowners Association, e.xpressing appreciation for the work carried out with respect to the installation of illumination at the intersections of Highway 2 and Bennett and Cobbledick Roads, be received; and THAT a copy of the correspondence be forwarded to the Regional Municipality of Durham and to the Ministry of Transportation for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS D - 13 Cont'd MOTION NOTICE OF MOTION REPORTS Report #1 G.P.A. Report January 22, 1996 Item #13 Official Plan D25.TO - 16 - January 29, 1996 Resolution #C-91-96 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the foregoing Resolution #C-90-96 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to the Director of Public Works, Public Works Staff and the Total Quality Management Committee." "CARRIED" The foregoing Resolution #C-90-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-92-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the General Purpose and Administration Committee Report of January 22, 1996, be approved with the exception of Item #13. "CARRIED" Councillor Novak made a declaration of interest with respect to Item #13 of Report #1; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in the area which was the subject of Ms. Racansky's delegation. Resolution #C-93-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the correspondence from Libby Racansky be received and referred to the Planning and Development Director for review in conjunction with the Official Plan; and THAT Libby Racansky be advised of Council's decision. "CARRIED" . . . Council Minutes REPORTS Report #2 Adoption of Official Plan D25.TO - 17 - January 29, 1996 Councillor Novak made a declaration of interest with respect to Sections 2.1, 2.2 and 2.3 of Report PD-13-96 and refrained from discussion and voting on that portion of the report. Resolution #C-94-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-13-96 and Public Consultation Report #9 be received for information; THAT the Recommended Official Plan for the Municipality of Clarington as published on November 7, 1995 be approved for adoption subject to the Revisions contained in Attachment #1 to Report PD-13-96 and the Technical Revisions and Errata contained in Attachment #2 to Report PD-13-96; THAT the by-law attached to Report PD-13-96 to adopt the Official Plan be passed; THAT the Official Plan be forwarded to the Regional Municipality of Durham for approval; THAT the Official Plan for the former Town of Newcastle be repealed on the effective date of approval of the Clarington Official Plan by the Region of Durham; THAT the Neighbourhood Development Plan for Courtice West, the Neighbourhood Development Plan for Courtice South and the Neighbourhood Development Plan for Courtice North be repealed; THAT upon adoption by Council, the Clarington Official Plan be implemented by staff as Council's policy on all land use and planning matters; and THAT the Clerk shall, not later than 15 days after the day which the Clarington Official Plan was adopted, give written notice of its adoption in accordance with Section 17(17) of the Planning Act and Regulation 043/95. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) . . . Council Minutes REPORTS - 18 - January 29, 1996 Resolution #C-95-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the recommended revision #3 contained in Attachment #1 of Report PD-13-96, with respect to Special Policy Area G - Farewell Height, remain unchanged from the recommended Official Plan. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Pingle Mayor Hamre Councillor Scott Declaration of Interest Councillor Novak Resolution #C-96-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Revision #9 contained in Attachment #1 to Report PD-13-96, with respect to the Selby and Amberglen lands be amended as follows: a) Map A4 (Newcastle Village) be revised to designate the lands bounded by Arthur Street, Regional Road 17, c.P. Rail Line and Concession Road No.3 as "Urban Residential" including the designations of various land use symbols contained in the May 1994 Draft Official Plan. In addition, staff be authorized to make the necessary modifications to the text of the Official Plan to reflect the "Urban Residential" designation. b) Section 16.10.1 be revised to read as follows: "Special Policy Area H represents an area within the influence of the nearby hog farm operation in Lot 27, Concession 3, former Clarke Township. The area of influence shall be defined by the Minimum Distance Separation Formulae. Until such time as the hog farm operation or similar agriculture use cease, development shall not be permitted." (SEE FOLLOWING MOTION) . . . Council Minutes REPORTS - 19 - January 29, 1996 Resolution #C-97-96 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the foregoing Resolution #C-96-96 be tabled until later in the meeting to allow for proposed population figures for the subject area to be determined. "CARRIED" Resolution #C-98-96 Moved by Councillor Hannah, seconded by Councillor Novak THAT Map Al of the Recommended Official Plan be revised to designate the lands referred to as Bradley's Corner at the intersection of Regional Road 34 and Concession Road 7 as a "Rural Residential Cluster." "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Resolution #C-99-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT Map A3 of the Recommended Official Plan be revised to redesignate approximately 7 hectares of land located west of Green Road, north of Highway #2 from "Residential" to "Highway Commercial" subject to: 1. The property owner entering into an agreement with the Municipality to transfer ownership of the Tourist Information Centre at no cost to the Municipality at such time as the developer has no further use for the building; . . . Council Minutes REPORTS - 20 - January 29, 1996 2. That a special policy be included in the Official Plan to prohibit motor vehicle repair businesses in this area; and 3. That all development be subject to urban design guidelines contained within the Plan. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre Resolution #C-100-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Table 9 - 2 of the Official Plan be revised by amending the total housing unit allocation to the Port Newcastle Neighbourhood from 875 to 1,075 units and that staff be authorized to make the necessary modifications to the text of the Official Plan to reflect the increase in housing units. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre . . . Council Minutes REPORTS - 21 - January 29, 1996 Resolution #C-101-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Resolution #C-96-96 be lifted from the table. "CARRIED" Resolution #C-102-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT Revision #9 contained in Attachment #1 to Report PD-13-96, with respect to the Selby and Amberglen lands be amended as follows: a) Map A4 (Newcastle Village) be revised to designate the lands bounded by Arthur Street, Regional Road 17, c.P. Rail Line and Concession Road No.3 as "Urban Residential" including the designations of various land use symbols contained in the May 1994 Draft Official Plan. In addition, staff be authorized to make the necessary modifications to the text of the Official Plan to reflect the "Urban Residential" designation. b) Section 16.10.1 be revised to read as follows: "Special Policy Area H represents an area within the influence of the nearby hog farm operation in Lot 27, Concession 3, former Clarke Township. The area of influence shall be defined by the Minimum Distance Separation Formulae. Until such time as the hog farm operation or similar agriculture use cease, development shall not be permitted." "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Mayor Hamre Councillor Scott . . . Council Minutes RECESS REPORTS - 22- January 29, 1996 Resolution #C-103-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 10:54 p.m. Resolution #C-104-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT the proposed separate school located in an existing residential area on the west side of Tooleys Road, be removed from the Official Plan. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Elliott Councillor Hannah Councillor Novak Councillor Dreslinski Councillor Pingle Councillor Scott Mayor Hamre The foregoing Resolution #C-94-96 pertaining to Report PD-13-96, as amended, with the exception of Sections 2.1, 2.2 and 2.3 was then put to a vote and CARRIED ON THE FOLLOWING RECORDED VOTE: Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Pingle Councillor Scott Mayor Hamre . . . Council Minutes REPORTS Report #3 Requested Amendments to Durham Regiional Official Plan D08.DU Report #4 Clarington Official Plan D25.TO - 23 - January 29, 1996 Councillor Novak made a declaration of interest with respect to Sections 2.1, 2.2 and 2.3 of Report PD-13-96 and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in the area which is the subject of these sections of the report. Resolution #C-105-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Sections 2.1,2.2 and 2.3 of Report PD-13-96 be approved as amended. "CARRIED ON THE FOLLOWING RECORDED VOTE Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Pingle Councillor Scott Mayor Hamre Declaration of Interest Councillor Novak Resolution #C-106-96 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report PD-14-96 be received; THAT Durham Region be requested to amend the Durham Regional Official Plan in accordance with the modifications shown in Section 4 of Report PD-14-96; and THAT a copy of Report PD-14-96 be forwarded to the Durham Region Planning Department. "CARRIED" Resolution #C-107-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report PD-15-96 be received; THAT Report PD-47-95 and Addendum to Report PD-47-95 be lifted from the table and received for information; '. . . Council Minutes REPORTS - 24 - January 29, 1996 THAT the application to amend the Official Plan by Stolp Homes (Newcastle) Developers Inc. (now Newcastle III Limited Partnership) (OPA 89-032/C) be approved within the context of the new Clarington Official Plan; THAT the application to amend the Official Plan by 765400 Ontario Limited (OPA 95-003/C) be approved within the context of the new Clarington Official Plan; THAT the application to amend the Official Plan by 289143 Ontario Limited (OPA 95-004/C) be approved within the context of the new Clarington Official Plan; THAT the Ontario Municipal Board be advised that the Municipality does not support the approval of a private Official Plan Amendment to the Official Plan of the former Town of Newcastle for the lands in south-west Courtice; THAT the Regional Municipality of Durham be requested to refer portions of the Clarington Official Plan as identified in Attachment #1 to Report PD-15-96 to the Ontario Municipal Board; THAT the Regional Municipality of Durham be requested to refer to the Ontario Municipal Board the Municipality's application to amend the Durham Regional Official Plan with respect to the following: . to amend the designation of Townline Road, south of Bloor Street as a Type B arterial road; . to designate a new Highway 401 interchange connecting to Townline Road; . to delete the designation of Glenabbey Drive as a Type C arterial road; . to delete the designation of Prestonvale Road between Glenabbey Drive and Bloor Street as a Type C arterial road. THAT the Solicitor be authorized to request consolidation of the above-noted referral requests of portions of the Clarington Official Plan and the application to amend the Durham Regional Official Plan to Ontario Municipal Board Hearings on referrals of a proposed official plan amendment by Newcastle III Limited Partnership and a proposed official plan amendment by 289143 Ontario Limited of the Official Plan of the former Town of Newcastle (OMB files: 0 950017 and o 950165); . . . . Council Minutes REPORTS - 25 - January 29, 1996 THAT Newcastle III Limited Partnership, 765400 Ontario Limited, and 289143 Ontario Limited be requested to detail the proposed phasing of development and to prepare a Financial Impact Analysis in accordance with Section 5.3.8 of the Clarington Official Plan; and THAT the interested parties be notified of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-108-96 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the foregoing Resolution #C-107-96 be amended in the third, fourth and fifth paragraphs by deleting the words "within the context of' and replacing them with the words "as provided in." "CARRIED" The foregoing Resolution #C-107-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-109-96 Moved by Councillor Novak, seconded by Councillor Hannah THAT Confidential Reports CD-7-96 and CD-8-96 be referred to the end of the agenda to be considered during an "In Camera" session. "CARRIED" UNFINISHED BUSINESS Resolution #C-110-96 Moved by Councillor Hannah, seconded by Councillor Scott THAT all of the delegations with the exception of Libby Racansky, Fred Finlayson, Kerry Meydam and William Tonno, be acknowledged and they be advised of Council's decision. "CARRIED" Councillor Novak made a declaration of interest with respect to the delegations of Libby Racansky, Fred Finlayson, Kerry Meydam and William Tonno; vacated her chair and refrained from discussion and voting on the subject matter. . Council Minutes UNFINISHED BUSINESS - 26 - January 29, 1996 Resolution #C-11l-96 Moved by Councillor Hannah, seconded by Councillor Scott THAT the delegations of Libby Racansky, Fred Finlayson, Kerry Meydam and William Tonno be acknowledged and they be advised of Council's decision. BY-LAWS "CARRIED" Resolution #C-1l2-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 96-19 being a by-law to authorize the borrowing of $10,000,000 to meet, until the taxes are collected, the current e.xpenditures of the Municipality for the year 1996; . 96-20 96-21 96-22 96-23 96-24 96- 25 96-26 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Arnot Wotten); being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Arnold and Gail Kerry); being a by-law to amend By-law 74-54, as amended, a by-law to licence, regulate and govern auctioneers; being a by-law to amend By-law 92-160, as amended, a by-law to regulate the setting off of fireworks and the sale of fireworks; being a by-law to amend By-law 92-230, a by-law to regulate, licence and govern hawkers and pedlars within the Municipality of Clarington; being a by-law to amend By-law 91-56, a by-law to regulate and licence certain exhibitions held for hire and gain in the municipality; being a by-law to amend By-law 78-50, as amended, a by-law to regulate the holding of certain public entertainments, festivals and parades within the municipality; 96-27 being a by-law to amend By-law 74-72, as amended, a by-law for licensing, regulating and governing taxi drivers, brokers and taxi vehicle owners; . 96-28 being a by-law to amend By-law 75-34, as amended, a by-law to licence, regulate and govern the operation of tourist camps in the municipality and to repeal By-law 79-51; . . . Council Minutes BY-LAWS - 27 - January 29, 1996 96-29 being a by-law to amend By-law 1354 of the Township of Clarke, a by-law to licence, regulate and govern trailer camps; 96-30 being a by-law to amend By-law 83-150, as amended, a by-law for the licensing and regulating of transient traders in the municipality; 96-31 being a by-law to amend By-law 87-156, as amended, a by-law to provide for licensing and regulating the keeping of dogs; 96-32 being a by-law to require the payment of fees for information and services provided by the Municipality of c1arington and for prescribing the amount of such fees and to repeal By-laws 91-142 and 94-27. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Scott Mayor Hamre Councillor Pingle Councillor Pingle made a declaration of interest with respect to By-laws 96-34 and 96-35; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Pingle indicated that she resides in the subject area. Resolution #C-113-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 96-34 being a by-law to authorize the entering into of an Offer to Sell Agreement between Bonita Dewey and the Corporation of the Municipality of Clarington (68 West Beach Road); and 96-35 being a by-law to authorize the entering into of an Offer to Sell Agreement between Bonita Dewey and the Corporation of the Municipality of Clarington (69 West Beach Road). "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . Council Minutes BY-LAWS - 28 - January 29, 1996 Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Novak Councillor Scott Mayor Hamre Declaration of Interest Councillor Pingle Councillor Novak made a declaration of interest with respect to By-law 96-33; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Novak indicated that she resides in close proximity to one of the growth areas designated in the Official Plan. Resolution #C-114-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT leave be granted to introduce By-law 96-33, being a by-law to adopt a new Official Plan for the Municipality of Clarington, that is the Clarington Official Plan, and repeal the Official Plan of the former Town of Newcastle and that the said by-law be now read a first and second time. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nav Absent Councillor Dreslinski Councillor Elliott Councillor Hannah Councillor Pingle Councillor Scott Mayor Hamre Declaration of Interest Councillor Novak Resolution #C-115-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT the third and final reading of By-laws 96-19 to 96-35, inclusive, be approved. "CARRIED" . . . Council Minutes OTHER BUSINESS Regional Update CommitteelBoards Update CONFIRMING BY-LAW - 29 - January 29, 1996 Resolution #C-116-96 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the meeting be "In Camera" to deal with two personnel issues. "CARRIED" There was no business discussed under this section of the agenda. There was no business discussed under this section of the agenda. Councillors Novak and Pingle made declarations of interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-117-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT leave be granted to introduce By-law 96-36, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this regular meeting held on the 29th day of January 1996, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-118-96 Moved by Councillor Hannah, seconded by Councillor Elliott THAT the third and final reading of By-law 96-36 be approved. "CARRIED" .. . . Council Minutes ADJOURNMENT - 30 - Resolution #C-119-96 January 29, 1996 Moved by Councillor Dreslinski, seconded by Councillor Elliott THAT the meeting adjourn at 11:22 p.m. "CARRIED" iIU~//A~ - r . MAYOR