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Home My WebLink About07/29/1996 . . . Special Council Minutes PRAYERS ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON July 29, 1996 Minutes of a special meeting of Council held on July 29, 1996, at 9:30 a.m., in the Council Chambers Councillor Hannah led the meeting in prayer. Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott (Attended at 9:40 a.m.) Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Chief Administrative Officer, W.H. Stockwell Fire Chief, M. Creighton Manager of Strategic Planning, D. Crome Solicitor, D. Hefferon Treasurer, M. Marano Director of Public Works, S. Yokes Deputy Clerk, M. Knigbt DECLARATIONS OF INTEREST DELEGATIONS There were no declarations of interest stated for this meeting. Mayor Hamre congratulated Inspector Jim Adams, Durham Region Police Service, on his promotion and thanked him for his co-operation and his past efforts. She thanked Deputy Chief Jarvis for his attendance and welcomed Inspector Ross Smith, stating that she looks forward to a good working relationship. Deputy Chief Jarvis introduced Inspector Ross Smith, noting that his past experience in Whitby, Scugog and Oshawa will prove beneficial as an excellent choice for the Municipality of Clarington. Roy ForresterlHenry Sissons, Orono, LOB IMO, expressed the Working Committee's desire for a continuation of the social and economical benefits from the Orono Tree Nursery over the last 75 years. Mr. Forrester requested that the Municipality pass a resolution requesting the Ministry of Natural Resources to be kept apprised of the process and that the Municipality be given the fIrst rigbt of refusal. John Hill, 159 Easthaven Street, Oshawa, LIG 6K4, reiterated his request for the Municipality to waive the Development Charges pertaining to 7700 Carscadden Road in Kendal as referenced in his correspondence of June 19, 1996, to the Municipality. He advised that he is building a house for himself on this site and is not planning on re-selling the property. r/ . . 4t Special Council Minutes DELEGATIONS RECESS - 2- July 29, 1996 Stephen Diamond, Box 48, Suite 4700, Toronto Dominion Bank Tower, Toronto, MSK lE6, appeared on behalf of the Newcastle Partnership and the majority of land owners in the area. He advised that the settlement being proposed in Report PD-114-96, is a very reasonable compromise for all interests and expressed support for the recommendations contained in Report PD-114-96. N. Jane Pepino, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, M5J 2T9, noted concurrence with the comments made by Mr. Stephen Diamond. Hugh Neill, 2111 Prestonvale Road, Courtice, LIE 2S2, verbalized support for the recommendations contained in Report PD-114-96 but noted, in his correspondence dated June 29, 1996, concerns pertaining to the following: . Yarious landowners having to dedicate land for the widening of Prestonvale Road; . The installation of a privacy fence for the properties of Mr. and Mrs. John DeCoe and Mr. and Mrs. Neil Weese around their property which abuts the school property; . High and medium density on the south side of the school will not be compatible with the existing homes on the north side of Bloor; and . The high density which appears to be at Bloor and Prestonvale. He also circulated a letter dated July 29, 1996 for Mr. and Mrs. R. Gossman, wherein they strongly object to the proposal of road widening of Bloor Street, north side. They also expressed a concern to the proposed high rise apartment building shown in the plan which will bring more congestion and pollution, also blocking their view of Lake Ontario. Mr. Peter Yan Loam, Fraser Beatty, appeared on behalf of Courtice Heights Developments and requested reassurance from Council that the proposed settlement of approximately 700 people is not at the expense of any other neighbourhood, especially Courtice Heights. Resolution #C-630-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott TIIA T Council recess for 15 minutes. tlCARRIED" The meeting reconvened at 10;20 a.m. . . . Special Council Minutes COMMUNICATIONS D-l Ontario Municipal Board Hearing Southwest Courtice D25.CL D-2 Waiver of Development Charges F21.DE REPORTS Report #1 Ontario Municipal Board Hearing Southwest Courtice D25.CL - 3- July 29, 1996 Resolution #C-631-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT the correspondence dated July 25, 1996, from Howie Herrema, President, Durham Region Federation of Agriculture, pertaining to Report PD-114-96, be received for information. "CARRIED" Resolution #C-632-96 Moved by Councillor Dreslinski, seconded by Councillor Novak TIIAT the correspondence dated June, 1996, from John Hill, requesting the Municipality to waive development charges on his property located at 7700 Carscadden Road, Kendal, be received; THAT the request be denied; and TIIAT John Hill be advised of Council's decision. "CARRIED" D. Crome, Manager of Strategic Plauning, made a presentation, delving into the background and history of events leading to Staff Report PD-114-96. Resolution #C-633-96 Moved by Councillor Dreslinski, seconded by Councillor Elliott TIIAT Report PD-114-96 be received; THAT the Memorandum entitled "Principles of Understanding" prepared by the Municipality's Solicitor dated July 11, 1996 be endorsed as the Municipality's position with respect to the matters before the Ontario Municipal Board scheduled for a hearing to commence on September 16, 1996, specifically to request the Board to approve: i) Official Plan Amendment #59 to the Official Plan of the former Town of Newcastle as contained in Schedule 4; ii) Revised draft Plans of Subdivision 18T-89037, 18T-95023 and 18T-95026 subject to the conditions contained in Schedule 3; iii) Zoning by-laws to provide for the development contemplated in the draft Plans of Subdivision contained in Schedule 12; TIIAT Resolution #C-107-96 be rescinded; . . . Special Council Minutes REPORTS - 4- July 29, 1996 TIIA T the Regional Municipality of Durham be requested to modify the Clarington Official Plan as indicated in Attachments #8 and 9; TIIAT subject to 289143 Ontario Limited requesting, prior to August 15, 1996, the reference of its requested amendment to the Regional Municipality of Durham Official Plan respecting the designation of its lands at the southeast corner of Bloor Street and Prestonvale Road (Application OPA 95-007/D) to the Ontario Municipal Board, the Regional Municipality of Durham be requested to refer the designation of the lands contained in the proposed Clarington Official Plan to the Board to be considered at the same time as the Board considers the requested amendment on designation of the lands contained in the Regional Official Plan, and that the Board be requested to approve the provisions of the Clarington Official Plan referred to it with the modifications set out in Attachment #8, and an appropriate corresponding amendment to the Durham Regional Official Plan; TIIAT in the event that: (i) the Regional Municipality of Durham does not initiate the amendment to the Durham Regional Official Plan requested by the Municipality of Clarington regarding the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street); or (ii) the Minister of Municipal Affairs and Housing gives notice of decision that he will not approve the same or will approve the same with modifications; the Minister of Municipal Affairs be requested to refer the amendments to the Ontario Municipal Board; TIIAT in the event that the Regional Municipality of Durham does not approve the proposed Clarington Official Plan with respect to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road or Prestonvale Road (north of Bloor Street), the Regional Municipality of Durham be requested to refer those portions of the proposed Clarington Official Plan to the Ontario Municipal Board; TIIAT the Solicitor be authorized to request the Ontario Municipal Board panel scheduled for the hearing to commence September 16, 1996 to be seized of issues relating to the classification of Townline Road South (south of Bloor Street), Glenabbey Drive between Townline Road South and Prestonvale Road and Prestonvale Road (north of Bloor Street) and the lands subject to Application OPA 95-007/D; THAT staff be authorized to advertise a Public Meeting for September 30, 1996 to consider a proposed amendment to the Municipality's Development Charges By-law to identify two parketles and one neigbbourhood park in Bayview Neighbourhood in Courtice as a growth-related capital service; . . . Special Council Minutes REPORTS Report #2 St. Marys Cement Environmental Update EOS.ST - 5- July 29, 1996 TIIAT a by-law be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute an agreement which gives effect to the intent of the "Principles of Understanding" and contains such other provisions as are considered necessary to protect the Municipality's interests by the Directors of Planning and Development and Public Works; TIIAT by-laws be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute option agreements for the Fire Station site and Community Park site as shown in Report PD-114-96; and TIIAT by-laws be passed to authorize the Mayor and Clerk, on behalf of the Municipality, to execute the respective subdivision agreements with the respective owners of the lands within draft Plans of Subdivision 18T-89037, 18T-9S023 and 18T-9S026, in the event that the Ontario Municipal Board orders draft approval of these plans of subdivision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-634-96 Moved by Councillor Novak, seconded by Councillor Hannah TIIAT the foregoing Resolution #C-633-96 be amended by adding the following wording thereto: "THAT Schedule 3.2 of the Memorandum be amended by adding Condition #38 as follows: 38. TIIAT the owner shall construct a 6' privacy fence on the boundary between the school block and the existing residences on the west side of Prestonvale Road when school construction commences. II "CARRIED" The foregoing Resolution #C-633-96 was then put to a vote and CARRIED AS AMENDED. Resolution #C-63S-96 Moved by Councillor Pingle, seconded by Councillor Dreslinski TIIAT Report ADMIN-24-96 be received; THAT staff be authorized to engage consultants to conduct an environmental impact study; - . . Special Council Minutes REPORTS Report #2 Cont'd Report #3 Older Adult Centre and Highway No.2 Urbanization Work AI9.GE - 6- July 29, 1996 TIIAT the funds required be drawn from the Pits and Quarries Reserve Account #2900-18-X; TIIAT the cost for the study be included in the final costs to be identified for cost sharing with St. Marys Cement; TIIAT the recommendations resulting from the impact study be reported back to Council for direction; and TIIAT St. Marys Cement be notified of the study, and be requested to share in the cost of the study. "CARRIED" Resolution #C-636-96 Moved by Councillor Elliott, seconded by Councillor Hannah TIIAT Addendum to Report ADMIN-14-96 be received; TIIAT the references in the recommendations contained in Report ADMIN-14-95 to the Older Adult Centre in the proposed Durham Region Housing Authority project on Temperance Street, Bowmanville, be amended to refer to the proposed Older Adult Centre within the Municipality of Clarington; TIIAT the text of Section 6 of Report ADMIN-14-96 (Attachment #1) be deleted and the payments now due under the Agreement of November 26, 1990, be required to be paid (Attachment #2, $150,000 escalated to approximately $210,000). When this payment is received, $100,000 of it is recommended to be committed by Council to the cost of urbanization of Highway No.2; TIIAT Section 8.7(b) and (c) of Report ADMIN-14-96 be deleted and replaced with the following: "(b) provide in the amendment to the Aspen Springs Subdivision Agreement or if considered appropriate by myself in consultation with the Solicitor in a separate agreement with Martin Road Holdings Limited and West Bowmanville Developments Ltd., which is to be executed prior to the amendment to the Aspen Springs Subdivision Agreement referred to in (a), for the payment to the Municipality $1,500,000 in five (5) equal annual instahnents of $300,000 each, the first and second instahnents to be paid on April 24, 1997, together with interest calculated on the amount of $300,000 at the rate of 6% per annum prorated from and including April 24, 1996; (c) require each of the instalment and interest payments referred to in (b) when paid to the Municipality to be deposited in the Hydro Reserve Fund Account." "CARRIED" - . . Special Council Minutes OTHER BUSINESS Delegation of Deputy Chief Jarvis Orono Tree Nursery D05.GE BY-LAWS - 7 - July 29, 1996 Resolution #C-637-96 Moved by Councillor Dreslinski, seconded by Councillor Hannah TIIAT the presentation of Deputy Chief Jarvis and Inspector Jim Adams, be received; TIIAT a letter of appreciation be forwarded to thank Inspector Jim Adams for his co-operation and work with the Municipality of Clarington; and TIIAT Inspector Ross Smith be welcomed and advised that the Municipality of Clarington is looking forward to a mutually beneficial working relationship. "CARRIED" Resolution #C-638-96 Moved by Councillor Dreslinski, seconded by Councillor Scott WHEREAS the Province of Ontario has made it known they will be disposing of the Orono Tree Nursery lands through public tender; NOW THEREFORE BE IT RESOLVED TIIAT the Municipality of Clarington advise the Province of Ontario that the Municipality wishes to be kept updated on the disposal method and all related events and that the Municipality be given first right of refusal; and TIIAT a copy of this resolution be forwarded to Chris Hodgson, Minister of Natural Resources, John O'Toole, M.P.P., and Henry Sissons. "CARRIED" Resolution #C-639-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 96-142 being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington, the Regional Municipality of Durham and Newcastle III Limited Partnership and Stolp Homes (Newcastle) Developers Inc., 289143 Ontario limited and 765400 Ontario Limited, to implement Principles of Understanding contained in Report PD-114-96; 96-143 being a by-law to authorize an agreement between the Municipality of Clarington and 289143 Ontario Limited to provide the Municipality with an option to purchase an additional fire station site in Courtice; - . . Special Council Minutes BY-LAWS CONFIRMING BY-LAW - 8- July 29, 1996 96-144 being a by-law to authorize an agreement between the Municipality of Clarington and 289143 Ontario Limited to provide the Municipality with an option to purchase a community park site in Courtice; 96-145 being a by-law to authorize the entering into of a Subdivision Agreement with Newcastle III Limited Partnership and Stolp Homes (Newcastle) Development Inc., the owners of Plan of Subdivision 18T-89037; 96-146 being a by-law to authorize the entering into of a Subdivision Agreement with 289143 Ontario Limited, the Owners of Plan of Subdivision 18T-95023; and 96-147 being a by-law to authorize the entering into of a Subdivision Agreement with 765400 Ontario Limited, the Owners of Plan of Subdivision 18T-95026. nCARRIEDlI Resolution #C-640-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT the third and final reading of By-law 96-142 to 96..147 inclusive, be approved. "CARRIED" Resolution #C-641-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT leave be granted to introduce By-law 96-148, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of July 1996, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-642-96 Moved by Councillor Hannah, seconded by Councillor Dreslinski TIIAT the third and final reading of By-law 96-148 be approved. ltCARRIED" ~ . . Special Council Minutes ADJOURNMENT - 9- July 29, 1996 Resolution #C-643-96 Moved by Councillor Novak, seconded by Councillor Elliott TIIAT the meeting adjourn at 11:50 a.m. "CARRIED" L/P<?d<<-~~<~) MAYO (