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HomeMy WebLinkAbout05/05/1997 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee May 5, 1997 Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, May 5, 1997 at 9:30 a.m., in the Council Chambers. ROLL CALL Present Were: Mayor D. Hamre Councillor A. Dreslinski Councillor C. Elliott (Until 11:30 a.m.) Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Councillor D. Scott Also Present: Chief Administrative Officer, W. Stockwell Director of Community Services, J. Caruana Fire Chief, M. Creighton (Until 2:10 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Director of Planning and Development, F. Wu Deputy Clerk, M. Knight Mayor Hamre chaired this portion of the meeting. DECLARATIONS OF INTEREST There were no declarations of interest stated for this meeting. MINUTES Resolution #GPA-269-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on April 21, 1997, be approved. "CARRIED" 301 . . . G.P.& A Minutes DELEGATIONS PUBLIC MEETINGS - 2- May 5, 1997 (a) Anthony Biglieri, Plantactics Group Ltd., 28 Bellefair Avenue, Toronto, M4L 3T8, reo Report PD-&2-97, circulated a letter dated May 1,1997 wherein he requested that Members of the Committee give authorization to Staff to proceed with the Official Plan and Zoning By-law applications through the appropriate public review process. He introduced Ms. lody Wellings, Canadian Tire Real Estate, 2180 Yonge Street, Toronto, M4P 2V8, who requested that, if this application is not allowed to continue, Members of the Committee give the applicant the opportunity to submit an alternate plan. (b) Keith Crago, 255 Osbourne Road, Courtice, LIE 2R3 - reo Report PD-&5-97 - circulated a letter dated May 5, 1997 containing 8 signatures of persons who are concerned that approval of this application will have an adverse effect on the environment. Mr. Crago referred to sections 3.2, 3.4, 3.5, 5.3, 7.2, 8.5 and 8.6 as areas of concern. He also noted opposition to the application because the surrounding area will suffer a land devaluation if the site plan is approved and there is no natural water drainage system from this property. Councillor Dreslinski chaired this portion of the meeting. Pursuant to the Planning Act, the Council of the Municipality of Clarington, through its General Purpose and Administration Committee, is holding a Public Meeting for the following applications: (a) Proposed Zoning By-law Amendment- Part Lot 16, Concession 1, former Township of Darlington - Clarington Place Limited; and (b) Proposed Official Plan Amendment and Zoning By-law Amendment - Part Lot 16, Concession 1, former Township of Darlington - Clarington Place Limited and 800769 Ontario Limited. The Deputy Clerk advised that the Clerk's Department sent public notices for the rezoning applications by first class mail on or before April 16, 1997 to all property owners withi n 120 metres of the subject properties in accordance with the latest municipal assessment record. In addition} notices were also posted on the sites prior to April 1&, 1997. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. Public notice for the official plan amendment application was posted on the site prior to April 16, 1997. This notice procedure is in compliance with the Ontario Regulation made under the Planning Act. The Chairman announced that the Director of Planning and Development would describe the purpose and effect of the proposed appl ications, then the objectors would be heard, followed by the supporters and the applicant. 302 . . . G.P.& A Minutes PUBLIC MEETINGS CONT'D. - 3- May 5, 1997 (a) Report PD-59-97 - Clarington Place Limited - the purpose and effect of the appl ication is to rezone the subject lands to an appropriate zone permitting the development of a temporary parking lot. No one spoke in opposition to or in support of this application. R. Martindale, Martindale Planning Services as well as Glenn Willson, owner of the property, were present. R. Martindale displayed a map of the site and gave a detailed presentation on the zoning by-law amendment request to permit the development of a temporary parking lot because the success of the Cineplex Theatre has far exceeded everyone's expectations. (b) Report PD-60-97 - C1arington Place and 80079 Ontario Lim ited - the purpose and effect of the two applications is to redesignate the lands from "Main Central Area - High Density Residential and Medium Density Residential" to an appropriate land use designation and rezone to an appropriate zoning category to permit the development of 40,000 sq. ft. of recreational and entertainment uses. Colin Soutter, 2374 Highway #2, R.R. #&, Bowmanville, L1C 3K7, circulated a copy of his presentation dated May 5,1997 wherein he states that he and his spouse are not here to oppose the current application because his dealings with the applicant have been cordial and concerns relative to a previous application have been addressed to their satisfaction. He believes the proposed commercial recreational plans to be good for the community as it will generate employment opportunities and revenues. He noted that his concerns are two-fold: first he and his wife have discovered that living in the centre of a major construction zone has a number of negative connotations and} secondly, he fears the negative financial impact that rezoning may have on his property. He requested that: . future construction activity consider the presence of a private home in the developer's site preparation plans; . the developer take the necessary care to minimize the impact of the future construction activities on our environment; and . any cost incurred by well contamination be assumed by the developer. He concluded by requesting that consideration be given to changing the Official Plan Amendment Application to include his property for rezoning. No one spoke in support of the application. R. Martindale, Martindale Planning Services as well as Glenn Willson, owner of the property, were present. R. Martindale displayed a map of the area and delved into the merits of rezoning the lands to permit the development of 40,000 sq. ft. of recreational and entertainment commercial uses. 303 . . . G.P.& A Minutes - 4- May 5,1997 PUBLIC MEETINGS CONT'D. (c) Report PD-61-97 - Clarington Place Limited - the purpose and effect of the application is to amend the policies for the subject lands designated "Main Central Area - Community Facility" to permit parking for commercial purposes. No one spoke in opposition or in support of this application. R. Martindale, Martindale Planning Services as well as Glenn Willson, owner of the property, were present. R. Martindale displayed a map reflecting the area for which a request to permit parking for commercial purposes has been subm itted. Resolution #GPA-270-97 Moved by Mayor Hamre, seconded by Councillor Scott THAT the Committee recess for fifteen minutes. "CARRIED" The meeting reconvened at 11:10 a.m. PLANNING AND DEVELOPMENT DEPARTMENT Rezoning Application Resolution #GPA-271-97 Clarington Place Limited Moved by Councillor Hannah, seconded by Councillor Novak D14.DEV.97.019 THAT Report PD-59-97 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-63 submitted by Martindale Planning Services on behalf of Clarington Place Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PD-59-97 and any delegation be advised of Council's decision. "CARRIED" 3.04 . . . G.P.& A Minutes - 5- May 5, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Resolution #GPA-272-97 Official Plan Amendment and Rezoning Applications Clarington Place and 800769 Ontario Ltd. DI4.DEV.97.018 D09.COPA.97.003 Moved by Mayor Hamre, seconded by Councillor Novak THAT Report PD-60-97 be received; THAT the application to amend the Clarington Official Plan and former Town of Newcastle Comprehensive Zoning By-Law 84-63 as submitted by Martindale Planning Services on behalf of Clarington Place Limited and 800769 Ontario Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PD-60-97 and any delegation be advised of Council's decision, "CARRIED" Official Plan Resolution #GPA-273-97 Amendment Application C1arington Place Moved by Mayor Hamre, seconded by Councillor Scott D09.COPA,97.003 THAT Report PD-61-97 be received; THAT the application to amend the C1arington Official Plan submitted by Martindale Planning Services on behalf of Clarington Place Limited be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PD-61-97 and any delegation be advised of Council's decision. "CARRIED" Official Plan Resolution #GPA-274-97 Amendment and Rezoning Applications Moved by Mayor Hamre, seconded by Councillor Elliott D14.DEV.97.001 D09.COPA.97.001 THAT Report PD-62-97 be received; THAT Staff be authorized to process the applications submitted by Canadian Tire Corporation to amend the Official Plan (COPA 97-001) and the Zoning By-law (DEV 97-001) on a without prejudice basis; and THAT the applicant and all interested parties listed in Report PD-62-97 and any delegation be advised of Counci I's decision. "MOTION LOST" 305 . . . G.P.& A Minutes - 6 - May 5, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Resolution #GPA-275-97 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-62-97 be received; THAT the applications submitted by Canadian Tire Limited to amend the Official Plan (COPA 97-001) and the Zoning By-law (DEV (97-001) be refused; THAT Staff be authorized to refund any fees submitted with respect to these appl ications; and THAT the applicant and all interested parties listed in Report PD-62-97 and any delegation be advised of Council's decision. "MOTION LOST" Resolution #GPA-276-97 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report PD-62-97 be tabled to the Council Meeting scheduled for May 12,1997 pending receipt of a report from the Municipality's solicitor pertaining to the legal implications. "CARRIED" Removal of Part Lot Resolution #GPA-277-97 Control - Fred Simkins on behalf of Moved by Councillor Scott, seconded by Mayor Hamre 904222 Ont. Inc. DI4.DEV.97.024 THAT Report PD-63-97 be received; THAT the request submitted by Fred Simkins on behalf of 904222 Ontario Inc. for removal of part lot control with respect to Block 149 on Plan lOM-839 be approved; THAT the Part Lot Control By-law attached to Report PD-63-97 be approved and forwarded to Durham Region pursuant to Section 50 (7) of the Planning Act, R.S.O. 1990, as amended; and THAT all interested parties listed in Report PD-63-97 and any delegation be advised of Council's decision. "CARRIED" 306 . . . G.P.& A Minutes - 7- May 5,1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Resolution #GPA-278-97 Exemption from Part Lot Control Fridel Limited D14.DEV.97.026 Rezoning Application 1151233 Ontario Ltd. DI4.DEV.96.022 Moved by Councillor Hannah, seconded by Councillor Pingle THAT Report PD-64-97 be received; THAT the request, submitted by Fridel Limited, for removal of Part Lot Control with respect of Block 8 on Registered Plan of Subdivision Plan 40M-1763 and Block 13 on Registered Plan of Subdivision Plan 40M-1821 be approved; THAT the Part Lot Control By-law attached to Report PD-64-97 be approved and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7) of the Planning Act; and THAT all interested parties listed in Report PD-64-97 and any delegation be advised of Counci I 's decision. "CARRIED" Resolution #GPA-279-97 Moved by Mayor Hamre, seconded by Councillor Hannah THAT Report PD-65-97 be tabled to the Council meeting scheduled for May 12, 1997 to allow the appl icant to make a presentation to Counci I and answer questions pertaining to this application. "CARRIED" Rezoning Application Resolution #GPA-280-97 West Bowmanville Developments Ltd. Moved by Councillor Scott, seconded by Councillor Hannah DI4.DEV.96.067 THAT Report PD-66-97 be received; THAT the application to amend the former Town of Newcastle Comprehensive Zoning By-law 84-&3, as amended, submitted by West Bowmanville Developments Ltd. to rezone the subject property to perm it the reduction of specified yard setbacks be approved as per the by-law attached to Report PD-66-97; THAT the Holding (H) symbol be removed by by-law at such time as a site plan agreement with the Municipality has been entered into; THAT a copy of Report PD-&6-97 and Council's decision be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PD-66-97 and any delegation be advised of Council's decision. "CARRIED" 3'07 . . . G.P.& A Minutes - 8 - May 5,1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. Zoning Amendment Application - Zion United Church and Harry & Ethel Fisher DI4.DEV.97.005 Information Report Ontario Municipal Board - Pre-Heari ng Conference Resolution #GPA-281-97 Moved by Councillor Novak, seconded by Councillor Hannah THAT Report PD-67-97 be received; THAT the application to amend the Comprehensive Zoning By-law 84-63, as amended, submitted by August Geisberger Junior be approved; THAT the By-law attached to Report PD-67-97 be passed; THAT a copy of Report PD-67-97 and the By-law be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PD-67-97 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-282-97 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report PD-&8-97 be received for information. "CARRIED" Census Population Resolution #GPA-283-97 and Dwelling Counts: 1996 Moved by Councillor Novak, seconded by Councillor Scott THAT Report PD-70-97 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-284-97 Moved by Mayor Hamre, seconded by Councillor Scott THAT the foregoing Resolution #GPA-283-97 be amended by adding the following wording thereto: "and that a copy of Report PD-70-97 be forwarded to the Bowmanville Business Centre, the Orono BIA and the Newcastle BIA, the Oshawa and District Chamber of Commerce and the Economic Development Liaison Team." "CARRIED" The foregoing Resolution #GPA-283-97 was then put to a vote and "CARRIED AS AMENDED". 308 . . . G.P.& A Minutes - 9- May 5, 1997 PLANNING AND DEVELOPMENT DEPARTMENT CONT'D. School Crossing Resolution #GPA-285-97 Guard Request Beaver St., Newcastle Moved by Councillor Scott, seconded by Councillor Pingle THAT Report PD-71-97 be received; THAT an Adult School Crossing Guard be approved at Beaver Street, Newcastle Village effective immediately; and THAT the annual cost of $6,000. be included in the 1998 Budget, FORTHWITH. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-286-97 Moved by Mayor Hamre, seconded by Councillor Scott THAT the foregoing Resolution #GPA-285-97 be amended by adding the following wording thereto: "and that Rena Durham, Kathleen Pasquet and Mrs. Medd, Principal, Newcastle Public School, be advised of Council's decision." "CARRIED" The foregoing Resolution #GPA-285-97 was then put to a vote and "CARRIED AS AMENDED". Resolution #GPA-287-97 Moved by Mayor Hamre, seconded by Councillor Novak THAT the Committee recess for lunch until 1 :30 p.m. "CARRIED" The meeting reconvened at 1 :30 p.m. Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Mosport Park 1997 Program Resolution #GPA-288-97 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT Report CD-22-97 be received; 309 . . . G.P.& A Minutes - 10- May 5, 1997 CLERK'S DEPARTMENT CONT'D. THAT staff be authorized to issue a licence to Mosport Park to conduct events only at the oval track during the months of May and June; THAT Mosport Park be advised that beginning in July: . they will be required to meet all requirements of the amended Noise and Special Events By-laws; and . rather than licences being issued 30 days ahead of an event, a licence will be issued only after the previous event has been staged to the satisfaction of the municipality; and THAT a copy of Report CD-22-97 be forwarded to Mosport Park. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #GPA-289-97 Moved by Mayor Hamre, seconded by Councillor Novak THAT the foregoing Resolution #GPA-288-97 be amended by adding the following wording thereto: "and the North Clarington Ratepayers Association." "CARRIED" The foregoing Resolution #GPA-288-97 was then put to a vote and "CARRIED AS AMENDED". Councillor Novak chaired this portion of the meeting. TREASURY DEPARTMENT Tender CL97-6 Surface Treatment FI8.QU Resolution #GPA-290-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT Report TR-30-97 be received; THAT Miller Paving, Markham, Ontario, with a total bid in the amount of $222,819.37, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-6, be awarded the contract to supply and apply Surface Treatment to various roads as required by the Municipality of Clarington; and THAT the funds required be provided from the approved 1997 Department of Public Works Road Maintenance Budget, FORTHWITH. "CARRIED" 310 . . . G.P.& A Minutes -11- May 5, 1997 TREASURY DEPARTMENT CONT'D. Tender CL97-5, Resolution #GPA-291-97 Ashpalt and Surface Treatment Pulverizing Moved by Councillor Hannah, seconded by Councillor Pingle FI8.QU THAT Report TR-31-97 be received; THAT Miller Paving, Markham, Ontario, with a total bid in the amount of $13,122.48, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-5, be awarded the contract for Asphalt and Surface Treatment Pulverizing, as required by the Department of Public Works; and THAT the funds be drawn from the approved 1997 Department of Public Works Road Maintenance budget, FORTHWITH. "CARRIED" Transfers to Reserve and Reserve Funds Year End 1996 Resolution #GPA-292-97 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report TR-32-97 be received; THAT the transfers to the Reserves/Reserve Funds identified in TR-32-97 be endorsed; and THAT the above recommendations be approved. "CARRIED" Tender CL97-8, Supply Resolution #GPA-293-97 and Haul Granular "A" and "B" Gravel, Haul Moved by Councillor Dreslinski, seconded by Councillor Scott Stockpi Ie and Spread Granular "A" Gravel THAT Report TR-33-97 be received; FI8.QU THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid in the amount of $286,285.00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-8, be awarded the contract for the Supply and Haul of Granular "A" and "B", and Haul, Stockpile and Spread Granular "A" Gravel; and THAT the funds expended be provided from the approved 1997 Public Works Road Maintenance and Construction budget, FORTHWITH. "CARRIED" 311 . . . G.P.& A Minutes - 12- May 5, 1997 TREASURY DEPARTMENT CONT'D. Tender CL97-3, Reconstruction of Scugog Street FI8.QU FIRE DEPARTMENT Resolution #GPA-294-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report TR-34-97 be received; THAT Pachino Construction, Stouffville, Ontario, with a total bid in the amount of $1,162,000.00, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL97-3, be awarded the contract for the Reconstruction of Scugog Street, as required by the Department of Public Works; THAT the total funds required in the amount of $907,368.10 ($1,162,000.00 Contract, plus design, contract administration and utilities, less Regional portion) be drawn from Public Works Account #7205-97001-0261; THAT the By-Law attached to Report TR-34-97 and marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved; and THAT the award be subject to the approval of the Region of Durham. "CARRIED" There were no reports considered under this section of the agenda. Councillor Hannah chaired this portion of the meeting. COMMUNITY SERVICES DEPARTMENT Courtice Comm unity Complex Launch Program Resolution #GPA-295-97 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CS-3-97 be received; THAT the Courtice Community Complex Official Opening Ceremony be scheduled for Saturday, September 6, 1997; and THAT a copy of Report CS-3-97 be forwarded to the Build Courtice Fundraising Committee and the Clarington Library Board and they be advised of action taken. "CARRIED" 312 . . . G.P.& A Minutes - 13- May5,1997 Mayor Hamre chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Provision of Resolution #GPA-296-97 Consulting Engineering Services, Farewell Moved by Councillor Hannah, seconded by Councillor Pingle Creek Bank Stabilization THAT Report WD-27-97 be received; THAT the firm of G. M. Sernas and Associates Limited be retained to furnish professional engineering services for the detailed design and contract administration for the construction of the bank stabilization works on an outfall channel to the Farewell Creek; THAT the Mayor and Clerk be authorized to execute an Engineering Agreement with G. M. Sernas and Associates Limited; and THAT G. M. Sernas and Associates Limited be advised of Council's decision, "CARRIED" Proposed Amendment Resolution #GPA-297-97 to Traffic By-law 91-58, Fire Routes Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report WD-28-97 be received; THAT traffic By-law 91-58 be amended to include a reference to prohibit parking along any private roadway designated as a fire route and the ability of enforcement personnel to issue such parking infractions without the signature of a property owner or occupant; and THAT the by-law attached to Report WD-28-97 be approved by Council. "CARRIED" ADMINISTRATION Municipality of Resolution #GPA-298-97 C1arington - Comments on the Proposed New Moved by Councillor Pingle, seconded by Councillor Dreslinski Municipal Act THAT Report ADMI N-17-97 be received; THAT the comments contained in Report ADMIN-17-97 be approved as the Municipality's response to the proposed New Municipal Act; THAT the Minister of Municipal Affairs and Housing be requested to provide further opportunity to the municipalities to comment on the new Bill introducing the New Municipal Act; 313 . . . G.P.& A Minutes - 14- May 5, 1997 ADMINISTRATION CONT'D. Confidential Report ADMIN-18-97 THAT a copy of Report ADMIN-17-97 be forwarded to the Honourable AI Leach, Minister of Municipal Affairs and Housing and to the Association of Municipalities of Ontario; and THAT the Bowmanville, Newcastle and Orono Business Improvement Areas be forwarded a copy of Report ADMI N-17-97 and be encouraged to participate in the legislative public meeting process subsequent to the First Reading of the New Municipal Act, FORTHWITH. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTIONS) Resolution #GPA-299-97 Moved by Councillor Hannah, seconded by Councillor Novak THAT Resolution #GPA-298-97 be amended by adding the following wording to the fourth paragraph: "the Regional Municipality of Durham, the Chair of the Economic Development Liaison Team and the Conservation Authorities." "CARRIED" Resolution #GPA-300-97 Moved by Councillor Scott, seconded by Councillor Dreslinski THAT the foregoing Resolution #GPA-298-97 be amended by adding the following wording to Section 3.4 of Report ADMIN-17-97: "The local and regional Municipality should have the direct power to control and regulate any waste management issues within its boundaries through the Planning process. It "CARRIED" The foregoing Resolution #GPA-298-97 was then put to a vote and "CARRIED AS AMENDED". Resolution #GPA-301-97 Moved by Councillor Pingle, seconded by Councillor Hannah THAT Confidential Report ADMIN-18-97 be referred to the end of the agenda to be considered during a "closed" session. "CARRIED" 314 . . . G.P.& A Minutes UNFINISHED BUSINESS - 15 - May 5, 1997 Rezoning Application Resolution #GPA-302-97 Markborough Properties DI4.DEV.97.013 Moved by Councillor Hannah, seconded by Councillor Pingle OTHER BUSINESS ADIOURNMENT THAT, at the request of Markborough Properties Inc., Report PD-57-97 be further tabled to the next General Purpose and Administration Committee Meeting to be held on May 20, 1997 and that Markborough Properties Inc. be advised of Council's decision. "CARRIED" There were no items considered under this section of the agenda. Resolution #GPA-303-97 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the meeting be "closed" for consideration of Confidential Report ADMIN-18-97 pertaining to a personnel matter. "CARRIED" Resolution #GPA-304-97 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT the actions taken during the "closed" session be confirmed. "CARRIED" Resolution #GPA-305-97 Moved by Councillor Hannah, seconded by Councillor Scott THAT the meeting adjourn at 2:15 p.m. "CARRIED" /#~~~~#~ MAYOR