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HomeMy WebLinkAbout04/18/1995 . . . MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee ROLL CALL Present Were: Absent: Also Present: MINUlES DELEGATIONS April 18, 1995 Minutes of a regular meeting of the General Purpose and Administration Committee held on Tuesday, April 18, 1995, at 7:00 p.m., in the Council Chambers. Acting Mayor M. Novak Councillor A. Dreslinski Councillor J. O'Toole Councillor P. Pingle Councillor D. Scott Mayor D. Hamre (Due to Illness) Councillor L. Hannah (Due to Illness) Chief Administrative Officer, W.H. Stockwell Director of Community Services, 1. Caruana Fire Chief, M. Creighton Director of Public Works, W. Evans Solicitor, D. Hefferon Treasurer,~. ~arano Director, Planning and Development, F. Wu Deputy Clerk, M. Knight Acting Mayor Novak chaired this portion of the meeting. Resolution #GPA-273-95 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on April 3, 1995, and minutes of special meetings held on March 31 and April 3, 1995, be approved. "CARRIED" (a) Clay Taylor, 5505 Clarington/Manvers Townline, Pontypool, LOA lKI, appeared on behalf of the North C1arington Ratepayers Association with respect to Report ADMIN-12-95 and submitted documentation which states that the Association's point of view is that camping is not a permitted use by Mosport Park Inc. The Association requested that Council amend By-law 91-56 to include a section requiring the applicant to obtain a signed letter from the Ministry of Environment and Energy approving the proposed event and affording protection to the public and property owners under the Environmental Protection Act. 2i) 1 . . . G.P.& A. Minutes - 2- April 18, 1995 DELEGATIONS CONT'D PUBLIC MEETINGS Mr. Taylor stated that noise is a contaminant and suggested that the municipality's noise by-law be amended to incorporate Ministry of Environment Guidelines. Mr. Taylor addressed the issue of parking and stated that the potential environmental ramifications of parking this quantity of vehicles on the Oak Ridges Moraine cannot be overstated. In his estimation, the applicant would require an additional 25 acres of land for parking to comply with the zoning by-law. Mr. Taylor expressed support for the recommendations contained in Report ADMIN-12-95 and requested that the questions contained in their presentation of February 22, 1995, be answered by the Municipality. He advised Members of the Committee that as a citizen group, they would be pleased to assist in a consultation role. (b) Lorne Butterfield, 2891 Regional Road 20, Bowmanville, LtC 3K6, was present but did not wish to address Committee at this time. (c) Greg Szn'lidruk, 9580 Murphy Road, Bowmanville, LtC 3K6, was present but did not wish to address Committee at this time. Resolution #GPA-274-95 Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT the meeting be "In Camera" to hear the delegation of Messrs. Fylak and Garthshorne and to consider Confidential Report TR-23-95. "CARRIED" Resolution #GPA-275-95 Moved by Councillor Novak, seconded by Councillor O'Toole THAT the actions taken "In Camera" be approved. "CARRIED" Pursuant to Section 34, Subsection 12 of the Planning Act, the Council of the Municipality of C1arington, through its General Purpose and Administration Committee, is holding Public Meetings for the following Rezoning Applications: (a) Proposed Amendment to the Comprehensive Zoning By-law 84-63 with respect to the Definition of Fairground, Municipality of Clarington. (b) Proposed Zoning By-law Amendment and Official Plan Amendment, Part Lot 11 and 12, Concession 2, former Town of Bowmanville - 970973 Ontario Limited. '/ r, ") L)L . . . G.P.& A. Minutes - 3- April 18, 1995 PUBLIC MEETINGS CONT'D Before proceeding with these matters, the Chairman asked the Deputy Clerk to advise on the manner of notice. The Deputy Clerk advised that the public notice for rezoning application DEV.95-004 was placed in local newspapers on or before March 22, 1995. This notice procedure is in compliance to Ontario Rgulation made under the Planning Act. The Deputy Clerk advised that the public notice for the official plan amendment application was placed in local newspapers on or before March 15, 1995. In addition, notices were also sent to those individuals who registered their concerns at public meetings heard for the accompanying rezoning application DEV.93-032. This notice procedure is in compliance with 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 amendments, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-38-95 - The Municipality of C1arington - The purpose and effect of the proposed zoning amendment is to: i) amend permitted uses within Agricultural (A) zoned lands by deleting "Fairground" and replacing it with "Agricultural Fairground"; and ii) add a new definition for "Agricultural Fairground" which would have the effect of prohibiting a stand alone music festival or concert save and except the lands owned by Mospot Park. William J. Tomlinson, Durham Central Agricultural Society, P.O. Box 294, Orono, LOB IMO, referred to a letter which he sent to the Municipality expressing concern that the fairgrounds in Orono will adversely be affected by the zoning by-law amendment which defines agricultural fairgrounds. He advised that miscellaneous events have been planned for the Orono Fairgrounds including a mini tattoo which will feature the C1arington Concert Band and a musical band from Wales and fears that if this application is approved, the Orono Fairgrounds will no longer be allowed to hold these neighbourhood community events. He requested that the Orono Fairgrounds be exempt from the proposed amendment. No one spoke in support of this application. ")n7 L lj J . . . G.P.& A. Minutes - 4 - April 18, 1995 PUBLIC MEETINGS CONT'D RECESS (b) Report PD-39-95 - 970973 Ontario Limited - The purpose and effect of the application is to permit the development of 123 residential units. Marc Battle, 25 Hunt Street, Bowmanville, LtC 2W8, thanked the applicant for working with the neighbourhood residents in order to address their concerns. He expressed a concern that his preference would be for lower density than proposed because the site is located so close to the creek. In his estimation, the fish, deer, coyote, anglers and the creek will eventually disappear. Carl Sleisser, 18 The Bridle Path, Bowmanville, LIC 3Wl, noted that he moved from the city to enjoy the peace and tranquility and that this development is not necessary and questioned when it will all stop. Carolyn Charman, 2 Albert Street, Bowmanville, LIC IG7, concurred with the comments made by the previous speaker and expressed concern pertaining to the additional traffic which she feels cannot be accommodated by the present street patterns and the standards of the streets will have to be upgraded. No one spoke in support of this application. Rosemarie Humphries, Weston and Associates, 64 Jardin Drive, Unit 7, Concord, UK 3P3, noted that the application involves 123 units which is 75% less dense than the original application made in 1993. She informed Members of the Committee that an environmental impact analysis and traffic studies have been conducted and that stabilization work will be undertaken on the creek. Resolution #GPA-276-95 Moved by Councillor Scott, seconded by Councillor Pingle THAT the Committee recess for 10 minutes. I1CARRIED" The meeting reconvened at 9:00 p.m. 204 . . . G.P.& A. Minutes - 5 - April 18, 1995 PLANNING AND DEVELOPMENT Proposed Zoning By-law Amendment Definition to Fairground DI4.CO Rezoning - 970973 Ontario Limited D14.DEV.93-032 Resolution #GPA-277-95 Moved by Councillor Novak, seconded by Councillor Scott THAT Report PD-38-95 be received; THAT the zoning amendment application be referred back to staff for further processing and the preparation of a subsequent report following receipt of the outstanding agency comments; and THAT all interested parties listed in Report PD-38-95 and any delegation be advised of Council's decision. "CARRIED" Resolution #GPA-278-95 Moved by Councillor Pingle, seconded by Councillor Scott THAT Report PD-39-95 be received; THAT application to amend the Official Plan of the former Town of Newcastle, submitted by Weston Larkin on behalf of 970973 Ontario Ltd., be approved as contained in Attachment No.2 and be forwarded to the Commissioner of Planning for the Region of Durham for approval; THAT application for a proposed Plan of Subdivision submitted by Weston Larkin on behalf of 970973 Ontario Ltd., be approved subject to the conditions contained in Attachment 3 to Report PD-39-95; THAT application to amend the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle submitted by Weston Larkin on behalf of 970973 Ontario Limited be approved subject to section 24(2) of the Planning Act and that the "Holding (H)" symbol be removed by by-law upon execution of a Subdivision Agreement; THAT the Mayor and Clerk be authorized, by by-law, to execute a Subdivision Agreement between the owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Director of Public Works and the Director of Planning and Development; and THAT the interested parties listed in Report PD-39-95 and any delegation be advised of Council's decision. l'CARRIED11 2(i 5 . . . G.P.& A. Minutes - 6 - April 18, 1995 PLANNING AND DEVELOPMENT Resolution #GPA-279-95 708545 Ontario Liroited Phase I Certificate of Release-40M 1669 Building Permit Monthly Report PI0.BU Moved by Councillor O'Toole, seconded by Councillor Scott THAT Report PD-4Q-95 be received; THAT pursuant to the provisions of Paragraph 5.26 of the Subdivision Agreement between the Municipality and 708545 Ontario Limited, the Municipality has no objections to the issuance of the "Certificate of Release"; THAT the Mayor and Clerk be authorized, by by-law, to execute on behalf of the Municipality of C1arington the "Certificate of Release"; and THAT 708545 Ontario Liroited be informed of Council's decision. "CARRIED" Resolution #GPA-280-95 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-42-95 be received for information. "CARRIED" Councillor Pingle chaired this portion of the meeting. CLERK'S DEPARTMENT Parking Monthly Report for March 1995 Bill 163 - Disclosure of Interest Act L11.GE Resolution #GPA-281-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CD-15-95 be received for information; and THAT a copy of Report CD-15-95 be forwarded to the Bowmanville B.I.A. for their information. nCARRIED" Resolution #GPA-282-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CD-16-95 be received for information. "CARRIED'! 206 . . . G.P.& A. Minutes - 7 - April 18, 1995 CLERK'S DEPARTMENT CONT'D Resolution #GPA-283-95 Procedural By-law A09.CO Moved by Councillor O'Toole, seconded by Councillor Dreslinski THAT Report CD-17-95 be received for information; and THAT a procedural by-law, incorporating the amendments approved by Council on June 13, 1994 and the requirements of Bill 163, be forwarded to Council for approval. "CARRIED" Councillor Novak chaired this portion of the meeting. TREASURY DEPARTMENT Cash Activity Report for February 1995 Tender CL95-3 Urbanization and Sidewalk Const. Hwy. #2 from #57 to Bowmnville Creek FI8.QU Confidential Report TR-23-95 was considered "In Camera" earlier in the meeting. Resolution #GPA-284-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report TR-26-95 be received; THAT, in accordance with provision of Chapter M-45, Section 79(1) of the Municipal Act, R.S.O. 1990, the Treasurer reports to Committee that the cash position of the Municipality of Clarington for the month ended February 28, 1995, is as shown on the schedule attached to Report TR-26-95; and THAT Part "A" of the expenditures for the month of February, 1995, be confirmed. llCARRIED" Resolution #GPA-285-95 Moved by Councillor Scott, seconded by Councillor O'Toole THAT Report TR-27-95 be received; THAT Miwel Construction Liroited, Stouffville, Ontario, with a total bid in the amount of $250,522.74, being the lowest responsible bidder, meeting all terms, conditions and specifications of Tender CL-95-3, be awarded the contract for the Urbanization and Sidewalk Construction, King Street, King's Highway No.2, Bowmanville, (from Regional Road 57 to Bowmanville Creek), as required by the Department of Public Works; and THAT the funds in the amount of $301,000.00 ($250,522.74 Contract + $50,477.26 Consulting and Contingencies), be drawn from the approved 1995 Public Works Capital budget, account #7212-95002-0261. "CARRIED" 2f)7 . . . G.P.& A. Minutes FIRE DEPARTMENT - 8- April 18, 1995 There were no reports considered under this section of the agenda. COMMUNITY SERVICES DEPARTMENT Aniroal Control Monthly Report for March 1995 Brownsdale Community Centre R01.BR 1995 March Break Bonanza Resolution #GPA-286-95 Moved by Councillor O'Toole, seconded by Councillor Scott THAT Report CS-12-95 be received for information. "CARRIED" Resolution #GPA-287-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report CS-03"95 be lifted from the table and received for information; THAT Report CS-13-95 be received; THAT the Clerk's Department be directed to initiate the public nomination process for the purpose of re-establishing the Brownsdale Community Centre Board; and THAT all those who attended the community meeting be provided with a copy of Report CS-13-95 and informed of Council's decision. "CARRIED II Resolution #GPA-288-95 Moved by Councillor Dreslinski, seconded by Councillor O'Toole THAT Report CS-14-95 be received for information. "CARRIEDU Councillor O'Toole chaired this portion of the meeting. PUBLIC WORKS DEPARTMENT Request for School Crossing Guard - Orono Resolution #GPA-289-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Addendum to Report WD-62-94 be lifted from the table and be received; THAT the request for a crossing guard on Main Street in Orono be approved; )'i8 '--- ',- . . . G.P.& A. Minutes - 9 - April 18, 1995 PUBLIC WORKS DEPARTMENT CONT'D ADMINISTRATION Mosport Park Pl1.MO THAT a copy of Addendum to Report WD-62-94 be forwarded to Mr. David Gray, Principal, Orono Public School; and THAT Mr. David Gray be advised of Council's decision. "MOTION LOST" Resolution #GPA-290-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT Report WD-62-94 be lifted from the table and received; THAT the request for a crossing guard on Main Street in Orono, be referred back to staff to investigate alternatives to solve the situation; and THAT Mr. David Gray be advised of Council's decision. "CARRIED" Acting Mayor Novak chaired this portion of the meeting. Resolution #GPA-291-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report ADMIN-12-95 be received; THAT the Municipality of Clarington make every effort to continue to enforce its existing by-law in connection with the operations of Mosport Park Limited; THAT there be no further negotiations pertaining to a "side agreement" between the Municipality and Mosport Park at this time; and THAT a copy of Report ADMIN-12-95 be sent to members of the North Clarington Ratepayers Association. "CARRIED LAlER IN THE MEETING" (SEE FOLLOWING MOTION) Resolution #GPA-292-95 Moved by Councillor Scott, seconded by Councillor O'Toole THAT the meeting be "In Camera" to hear the legal opinion of the Municipality's Solicitor. nCARRIED!1 The foregoing Resolution #GPA-291-95 was then put to a vote and CARRIED. 2u9 . . . G.P.& A. Minutes - 10- April 18, 1995 ADMINISTRATIONCONTD Resolution #GPA-293-95 Westside Creek Marsh Moved by Councillor Scott, seconded by Councillor Dreslinski THAT Report ADMIN-13-95 be received for information. "CARRIED LAlER IN THE MEETING" (SEE FOLLOWING MOTION) Resolution #GPA-294-95 Moved by Councillor O'Toole, seconded by Councillor Pingle THAT the foregoing Resolution #GPA-295-95 be amended by adding a second paragraph thereto as follows: "and that the Municipality send a formal response to Mr. Crombie to advise that there is a willingness on the part of the community to take a co-operative approach and to work towards solutions based on the general framework of the trust proposal." "MOTION LOST' The foregoing Resolution #GPA-295-95 was then put to a vote and CARRIED. UNFINISHED BUSINESS (a) (b) Appointments - Newcastle Arena Board CI2.NE OTHER BUSINESS Addendum to Report WD-62-94 was considered earlier in the meeting, see page 9 (Resolution #GPA-290-95). Resolution #GPA-295-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the following seven persons be appointed to the Newcastle Arena Board for a one year term; Lawrence Burke Larry Carroll Beth Creighton John Jones Phil Martin Marie McLean Brian Poole l'CARRIED'! No reports were considered under this portion of the agenda. )10 _I . . . G.P.& A. Minutes ADJOURNMENT - 11- April 18, 1995 Resolution #GPA-296-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT the meeting adjourn at 10:45 p.m. "CARRIED" /&/;~/)lN~.Le./ MAYOR ~'dL . ~PUTY CLERK 211