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HomeMy WebLinkAbout10/02/1995 . . . THE MUNICIPALITY OF CLARINGTON General Purpose and Administration Committee October 2, 1995 ROLL CALL Present Were: Absent: Also Present: DECLARATIONS OF I NTE REST MINUTES Minutes of a regular meeting of the General Purpose and Administration Committee held on Monday, October 2, 1995 at 9:30 a.m., in the Council Chambers. Acting Mayor D. Scott Councillor A. Dreslinski Councillor C. Elliott Councillor L. Hannah Councillor M. Novak Councillor P. Pingle Mayor D. Hamre (On Municipal Business) Chief Administrative Officer, W. Stockwell Director of Community Services, ). Caruana (Until 1 :45 p.m.) Fire Chief, M. Creighton Treasurer, M. Marano Director of Public Works, S. Vokes (Until 1 :45 p.m.) Director of Planning and Development, F. Wu (Until 1 :45 p.m.) Deputy Clerk, M. Knight Acting Mayor D. Scott chaired this portion of the meeting. Councillor Hannah indicated that he would be making a declaration of interest with respect to Report PD-l08-95. Counci Ilor Hannah advised that he is employed by General Motors. Councillor Novak indicated that she would be making a declaration of interest with respect to Report CS-34-95. Councillor Novak advised that some of the firms listed in the report are clients of her employer. Resolution #GPA-539-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT the minutes of a regular meeting of the General Purpose and Administration Committee held on September 18, 1995 be approved. "CARRIED" 201 . . . G.P.& A. Minutes DELEGATIONS - 2 - October 2, 1995 (a) Wayne Witzke, 150 Port Darlington Road, Bowmanville, L 1C 3K3 - was called but was not present Resolution #GPA-540-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Mr. Wilson Little be allowed to address Members of the Committee on the contents of Report PD-107-95 as well as Report PD-108-95. "CARRIED" (b) Wilson Little, 410 Waverley Road South, Bowmanville, LlC 3Y8 - reo Report PD-l08-95 - delved into the history and background of the application and questioned why the Municipality has decided to bring forward concerns now when, in fact, this application has been ongoing since 1989. He requested that Members of the Committee not endorse the recommendations contained in Report PD-l08-95. In his view, there is no need for comments from the Municipality since the application meets Provincial and Federal approval standards. Mr. Little introduced Ian MacNaughton, Planning Consultant, 171 Victoria Street North, Kitchener, N2H 5C5 who appeared on behalf of St. Marys Cement Corporation regarding Report PD-107-95 and requested that the Municipality object to the Land Division application on the basis that the decision is premature until such time as David Crombie has reported on this issue. Concerns pertaining to the St. Marys Cement operation have resulted in: . a desire to increase the amount of wetlands to be saved; . increase the buffer between the St. Marys Cement operation and the residences; and . the possibility for access to the site other than Waverley Road. (c) Mavis Carlton, Port Darlington Community Association, Group 2, Box 63, R.R. #2, Bowmanville, L 1C 3K3 - circulated correspondence dated October 2, 1995 in which she requested support for the recommendations contained in Report PD-108-95. She advised that this application should be subject to proper environmental review. She expressed concerns pertaining to: . the possibility of the St. Marys docking facility becoming the major industrial port for the Region of Durham; . social issues which include health concerns; and . a more detailed study on the adverse impact of erosion on the shoreline. 202 . . . G.P.& A. Minutes PUBLIC MEETINGS - 3- October 2, 1995 Councillor Dreslinski chaired this portion of the meeting. Pursuant to Section 34, Subsection 12 of 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 application: (a) Proposed Zoning By-law Amendment - Part of Lot 11 and Part of Lot 12, Concession 1, former Town of Bowmanville - Erwin Kurtz The Deputy Clerk advised that public notice was sent by first class mail on or before September 1,1995 to all property owners within 120 metres of the subject property in accordance with the latest municipal assessment record. In addition, notice was also posted on the site prior to September 1,1995. 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 amendment, then the objectors would be heard, followed by the supporters and the applicant. (a) Report PD-104-95 - Erwin Kurtz - the purpose and effect of this application is to permit the renovation and expansion of the existing building to provide for a total of 240 square metres of commercial floor space. Dan Holkema, President, Skylight Doughnuts, R.R. #2, Bowmanville, L 1C 3K3, circulated a copy of his presentation and a petition containing approximately 750 signatures of persons requesting that the Municipality of Clarington deny the application which would allow the development of a Baker's Dozen Doughnuts as they do not think that it is good economic planning and development to locate two doughnut shops directly across the road from each other. Bob Wing, National Home Video, 243 King Street East, Bowmanville, LlC 3X1, objected to the application on the basis that it will have an adverse impact on the existing doughnut business. When two other video stores located in the downtown area, he laid off an employee and had to take a cut in pay because of the adverse impact on his business. He noted that the downtown cannot accommodate another doughnut shop and three bakeries within walking distance of each other. Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1)9, suggested that this application should be denied on the basis of the adverse parking ramifications. She suggested that, when staff addresses the street oriented design, staff take into consideration the safety of persons having to park behind the stores. In this endeavour the following factors should be incorporated into the site plan: . brighter/extended lighting; . placement of the dumpster in an area where people can't hide behind it; and . brightly lit alleyway. 203 . . . G.P.& A. Minutes - 4 - October 2, 1995 No one spoke in support of this application. Reg Freethy, 5 Silver Street, Bowmanville, L lC 3C2, Architect for the applicant, displayed an artist's rendering and a site plan of the proposal. He advised that 1,000 sq. ft. will be added onto the existing building which has been determined to be reusable. He has liaised with the B.I.A. and there is no objection to the site plan or the application. A pedestrian lane has been put in place for the safety of the customers and it is the applicant's intention to maintain the north access onto King Street. He advised that the proposal incorporates street front oriented design principles and parking areas have been located at the rear of the building wherever possible. Erwin Kurtz, 185 Ridge Road, Aurora, L4G 3G8, circulated copies of two artist's renderings of the interior and the exterior facade of the Baker's Dozen "Cafe" and stated that a variety of foods can be acquired in these facilities, not only doughnuts. He noted the following points: . the economic value of this proposal will generate an approximate annual payroll of $300,000.00; . the approval of this application will remove the gas retailing component from the downtown core; . the landscape portion of this proposal is 25% to 30% of the area; . the drive-thru component will generate approximately 60% of the business; . he proposes to install a bus shelter next to the bus stop; . the corner lot is far more desirable for ingress and egress to the site; and . he has attempted to meet all of the Municipality's requirements. He requested that Members of the Committee consider this project on its own merit. Resolution #GPA-541-95 Moved by Councillor Novak, seconded by Councillor Scott THAT the Committee recess for fifteen minutes. "CARRIED" The meeting reconvened at 11 :20 a.m. PLANNING DEPARTMENT Rezoning and Site Plan Amendment Erwin Kurtz D14.DEV.95.059 Resolution #GPA-542-95 Moved by Councillor Hannah, seconded by Councillor Novak THAT Report PD-104-95 be tabled until the Council meeting of October 16,1995 to allow for: . clarification on the interpretation of the Regional Planning position; . clarification of the Bowmanville Business Improvement Area's position on the appl ication; and . receipt of a legal opinion from the Municipality's solicitor. 204 "CARRIED" . . . G.P.& A. Minutes Removal of "Holding (H)" Symbol to Implement Site Plan Agreement - Northumberland- Clarington Board of Education - 385 Beaver Street Newcastle Village D14.DEV.95.022 Monitoring of the Decisions of the Committee of Adjustment for the Meeting of September 21, 1995 DB.CO Land Division Appl ication - Gordon White on behalf of John Fox DlO.FO - 5- October 2, 1995 Resolution #GPA-543-95 Moved by Councillor Novak, seconded by Councillor Pingle THAT Report PD-105-95 be received; THAT the By-law attached to Report PD-105-95 removing the "Holding (H)" symbol from the subject lands, be approved; THAT the amending By-law attached to Report PD-105-95 be forwarded to Council for approval; and THAT a copy of Report PD-105-95 be forwarded to the Region of Durham Planning Department. "CARRIED" Resolution #GPA-544-95 Moved by Councillor Scott, seconded by Councillor Novak THAT Report PD-106-95 be received; THAT Council concur with the decision of the Committee of Adjustment made on September 21,1995; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision of the Committee of Adjustment in the event of an appeal. "CARRIED" Resolution #GPA-545-95 Moved by Councillor Novak, seconded by Councillor Elliott THAT Report PD-107-95 be received for information. "MOTION LOST" Resolution #GPA-546-95 Moved by Councillor Novak, seconded by Councillor Scott THAT Report PD-107-95 be received; and THAT the Municipality of Clarington appeal the decision of the Land Division Committee pertaining to the application made by Gordon White on behalf of John Fox reo Part Lot 11, B.F. Concession Darlington, on the basis that the application is premature. "CARRIED" Counci Ilor Hannah made a declaration of interest with respect to Report PD-108-95. Councillor Hannah advised that he is employed by General Motors. 205 . . . G.P.& A. Minutes Review of Findings of E nvi ronmental Assessment and Review Guidelines Order and Navigable Waters Protection Act for Dock Expansion St. Marys Cement D14.DEV.89.074 Clarington Official Plan D08.0PA.CL - 6 - October 2, 1995 Resolution #GPA-547-95 Moved by Councillor Scott, seconded by Counci Ilor Pingle THAT Report PD-108-95 be received; THAT the Canadian Coast Guard be advised the Municipality of Clarington does not concur with the findings of the Environmental Assessment and Review for the St. Marys Cement Corporation dock expansion as outlined in Report PD-l08-95; THAT the Canadian Coast Guard be requested to require, as a condition of approval, a remedial plan if loss of wetland function is proven, and a remedial plan for the shoreline impacts resulting from existing dock and expanded dock; THAT the Canadian Coast Guard be requested to establish a Monitoring Committee with representation from the Municipality of Clarington; and THAT the Canadian Coast Guard, St. Marys Cement Corporation, the Port Darlington Community Association, the Waterfront Regeneration Trust and all other interested parties listed on the attachment to Report PD-l08-95 receive a copy of Report PD-l08-95 and Council's resolution, FORTHWITH. "CARRIED" Resolution #GPA-548-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report PD-l09-95 be received; and THAT December 7,1995 be set aside for a Statutory Public Meeting of Council under the Planning Act for the consideration of the recommended Clarington Official Plan. "CARRIED" Resolution #GPA-549-95 Moved by Councillor Novak, seconded by Councillor Elliott THAT the Committee recess for lunch until 1:10 p.m. "CARRIED" The meeting reconvened at 1 :10 p.m. 206 . . . G.P.& A. Minutes CLERK'S DEPARTMENT Parking Enforcement Month Iy Report August, 1995 T02.PA - 7- October 2, 1995 Councillor Pingle chaired this portion of the meeting. Resolution #GPA-550-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CD-27-95 be received; and THAT a copy of Report CD-27-95 be forwarded to the Bowmanville B.I.A. for their information. "CARRIED" Heritage Designation Resolution #GPA-551-95 john Rutledge House 2656 Concession Moved by Councillor Dreslinski, seconded by Councillor Scott Road 4, Darlington R01.CO THAT Report CD-28-95 be received; TREASURY DEPARTMENT Cash Activity Report August 1995 F10.MO FIRE DEPARTMENT THAT the by-law attached to Report CD-28-95 be forwarded to Council; and THAT the Clerk be authorized to carry out all actions necessary to complete the process of property designation pursuant to the Ontario Heritage Act, R.S.O. 1990, c.O. 1 B and detailed within Report CD-28-95. "CARRIED" Councillor Novak chaired this portion of the meeting. Reoort #GPA-552-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report TR-69-95 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 that the cash position of the Municipality of C1arington for the month ended August 31, 1995, is as shown on the schedule attached to Report TR-69-95; and THAT Part "A" of the expenditures for the month of August, 1995, be confirmed. "CARRIED" There were no reports considered under this section of the agenda. 207 . . . G.P.& A. Minutes - 8- October 2, 1995 COMMUNITY SERVICES DEPARTMENT Councillor Hannah chaired this portion of the meeting. Animal Control Monthly Report August, 1995 P14.AN Newcastle Memorial Arena Board Fll.CH Courtice Community Complex Pre-Qual ifications Process F18.QU Resolution #GPA-553-95 Moved by Councillor Scott, seconded by Councillor Novak THAT Report CS-32-95 be received for information. "CARRIED" Resolution #GPA-554-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT Report CS-33-95 be received; THAT Counci I approve the request of the Newcastle Memorial Arena Board of Management for a one time grant to purchase a new ice resurfacer; THAT the necessary funds be drawn from the Impact/Hydro Escrow Reserve Fund, Account #1110-00196-0000 to an upset limit of $55,000.00; THAT the trade-in value of the existing equipment be used to offset the new purchase; and THAT the Newcastle Memorial Arena Board of Management be advised of action taken by Council, FORTHWITH. "CARRIED" Resolution #GPA-555-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT Report CS-34-95 be divided to allow for consideration of each paragraph separately. "CARRIED" Resolution #GPA-556-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report CS-34-95 be received. "CARRIED" Councillor Novak made a declaration of interest with respect to Paragraph 2 of Report CS-34-95. Councillor Novak advised that some of the firms mentioned in the report are clients of her employer. 208 . . . G.P.& A. Minutes Courtice Fundraising Committee - 9- October 2, 1995 Resolution #GPA-557-95 Moved by Councillor Pingle, seconded by Councillor Dreslinski THAT the list of pre-qualified Contractors contained as Attachment #2 to Report CS-34-95 be approved, FORTHWITH. "CARRIED" Resolution #GPA-558-95 Moved by Councillor Dreslinski, seconded by Councillor Scott THAT, with the next Community Services report pertaining to the Courtice Community Complex, the Courtice Fundraising Committee be requested to report on the identity of their chairman, amount of funds raised, projection targets and methods of contributions. "CARRIED" PUBLIC WORKS DEPARTMENT Councillor Elliott chaired this portion of the meeting. Remi Court Subdivision, Plan lOM-828, D12. Canadian Tire Site Servicing Agreement D14.DEV.89.093 Resolution #GPA-559-95 Moved by Councillor Hannah, seconded by Councillor Dreslinski THAT Report WD-42-95 be received; THAT the Director of Publ ic Works be authorized to issue a 'Certificate of Acceptance' for the roads, street I ights and other related Works, constructed within Plan 10M-828; and THAT Council approve the proposed By-law attached to Report WD-42-95 assuming certain streets within Plan lOM-828 as public highways. "CARRIED" Resolution #GPA-560-95 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT Report WD-43-95 be received; and THAT the Director of Public Works be authorized to issue a 'Certificate of Acceptance' for the storm sewer system constructed in association with the Canadian Tire Site Servicing Agreement, (from Highway 2 southerly to the outfall south of Manhole 30). "CARRIED" 209 . . . G.P.& A. Minutes Applewood Estates Subdivision Plan 10M-793 -10- October 2, 1995 Resolution #GPA-561-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report WD-44-95 be received; THAT the Director of Public Works be authorized to issue a 'Certificate of Acceptance' for the roads, street lights and other related Works, constructed within Plan 10M-793; and THAT Council approve the proposed By-law attached to Report WD-44-95 assuming certain streets within Plan lOM-793 as public highways. "CARRIED" Lot Grading Concerns Resolution #GPA-562-95 Brownstone Cres. Courtice Moved by Councillor Scott, seconded by Councillor Pingle Reconstruction of the Hope/Clarington Boundary Road Request for Traffic Lights at Entrance to Bowmanville Mall and Galbraith Court Bowmanville THAT Report WD-45-95 be received; and THAT Mr. Andrew Kemp and Mr. Wong Sang be advised of Council's decision and be provided with a copy of Report WD-45-95. "CARRIED" Resolution #GPA-563-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report WD-46-95 be received; and THAT payment of the invoice in the amount of $32,382.47 submitted by the Township of Hope for the Municipality's share of the cost of the reconstruction of the boundary road be approved, FORTHWITH. "CARRIED" Resolution #GPA-564-95 Moved by Councillor Scott, seconded by Councillor Hannah THAT Report WD-47-95 be received; THAT the request for traffic lights be denied; THAT two (2) park benches be purchased to assist the pedestrians near the Bowmanville Mall; THAT the park benches and pedestrian refuge island be included, for Council's consideration, in the 1996 Budget; and THAT Jane Noble, Administrator of Strathaven Lifecare Centre, be provided with a copy of Report WD-47-95 and be advised of Council's decision. 2 1 Q"CARRIED" . . . G.P.& A. Minutes Evylin Stroud Traffic Concerns, Various locations ADMINISTRATION UNFINISHED BUSINESS OTHER BUSINESS -11- October 2, 1995 Resolution #GPA-565-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle THAT Report WD-48-95 be received for information; and THAT Evylin Stroud be provided with a copy of Report WD-48-95. "CARRIED" Councillor Scott chaired this portion of the meeting. Resolution #GPA-566-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the meeting be "In Camera". "CARRIED" Resolution #GPA-567-95 Moved by Councillor Dreslinski, seconded by Councillor Hannah THAT the actions taken "In Camera" be ratified. "CARRIED" There were no items considered under this section of the agenda. Resolution #GPA-568-95 Moved by Councillor Pingle, seconded by Councillor Elliott THAT Rick Morrison, 32 Cole Avenue, Bowmanville, L1C lK6, be appointed to the Clarington Public Library Board for a term concurrent with the term of the appointing Council; THAT the appropriate by-law be enacted by Council; and THAT Rick Morrison and the Clarington Public Library Board be advised of Council's decision. "CARRIED" 211 . . . G.P.& A. Minutes Request to Region to Investigate Sewage Problems in Orono Applefest - Parking - 12- October 2, 1995 Resolution #GPA-569-95 Moved by Councillor Novak, seconded by Councillor Dreslinski THAT Councillor Pat Pingle be appointed as Council Liaison to the Visual Arts Centre; THAT the appropriate by-law be enacted by Council; and THAT the Visual Arts Centre be advised of Council's decision. "CARRIED" Resolution #GPA-570-95 Moved by Councillor Dreslinski, seconded by Councillor Pingle WHEREAS various property owners in Orono have experienced problems with their private waste disposal system; WHEREAS it is suspected that the general soil condition in Orono is contaminated with sewage seepage; WHEREAS the above-noted conditions in Orono present a potential threat to the health and safety of the residents and the environment; WHEREAS Section 5.3.23 of the Durham Region Official Plan stated in part that "Regional Council shall investigate the long term servicing oi these urban areas, including feasibility of connections to lake-based municipal water systems and sanitary sewerage facilities"; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington requests the Region of Durham to commence its investigation leading to resolving the sewage problems in Orono. "CARRIED" Resolution #GPA-571-95 Moved by Councillor Elliott, seconded by Councillor Pingle THAT the property owned by john Rice and located at 151 Wellington Street, Bowmanville, be exempted from Section 15.4.8 of the Municipality of Clarington Zoning By-law 84-63, on October 14,1995, for one day only, to allow for the property to be used as a parking lot during the B.I.A. Applefest, subject to receipt of a legal opinion from the Municipality's Solicitor advising that the legal effect of granting this request is permitted in law. "CARRIED" 212 . . . G.P.A. Minutes ADJOURNMENT Resolution #GPA-572-95 - 13- October 2, 1995 Moved by Councillor Dreslinski, seconded by Councillor Novak THAT the meeting adjourn at 2:02 p.m. "CARRIED" Actin?2r ~~~"'''Ie' :0,81 ~~ rie P. . t, Deputy Clerk 213