OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Page …app.oshawa.ca/agendas/City_Council/2006/12-04/2006_10_02... · 2006-10-13 · OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006

OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Page 568 Minutes of a meeting of the Council of the City of Oshawa held in the Committee Meeting Room on October 2, 2006 at 4:00 p.m. Mayor Gray and Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal (entered at 6:30 p.m.), B. Nicholson (entered at 6:30 p.m.), M. Nicholson, Parkes and Pidwerbecki were present. Mayor Gray presided. DECLARATIONS OF PECUNIARY INTEREST Councillor Marimpietri made a declaration of pecuniary interest concerning Item 4 of the Forty-first Report of the Development Services Committee and By-laws 140-2006 and 141-2006 as his family lives in the referenced area. (Additional Declaration - See Page 576) Moved by Councillor Marimpietri, seconded by Councillor Lutczyk, (633) “That the meeting be closed to the public in order to discuss confidential legal and property matters.” CARRIED All Council members were present for closed meeting discussions except Councillors Neal and B. Nicholson. Also present were S. Kranc, City Clerk, R. Duignan, City Manager, R. Stockman, Commissioner of Corporate Services, T. Hodgins, Commissioner of Development Services, S. Bertoia, Commissioner of Community Services, D. Potts, Director of Legal Services, L. Knox, Solicitor, C. Brown, Director of Finance and Purchasing Services, M. Sims, Director of Engineering, P. Runcini, Director of Facility Maintenance, C. Symons-Milroy, Director of Economic Development, C. Lloyd, Director of Human Resource Services, J. Conlin, Acting Director of Municipal Law Enforcement and Licensing, L. Araujo, Manager of Budgets and Financial Services Development, K. Vincent, Human Resource Consultant, P. Paton, Project Manager, R. Keenan, Property and Development Officer, M. Medeiros, Committee Co-ordinator, and K. Bressan, Council Meeting Co-ordinator. All members of the public left the meeting except Steve Wilcox, Oshawa Municipal Airport Manager. Closed meeting discussions were held. Moved by Councillor Cullen, seconded by Councillor Lutczyk, (634) “That Council rise from the closed meeting.” CARRIED PRESENTATIONS None.

- 569 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 DELEGATIONS/DELEGATION REQUESTS Delegations None. Delegation Requests None. CONFIDENTIAL CORRESPONDENCE REQUESTS None. ADDITIONAL AGENDA ITEMS/MOTIONS Moved by Councillor Parkes, seconded by Councillor M. Nicholson, (635) “That the Thirty-eighth and Fortieth Reports of the Development Services Committee be added to the closed meeting Consent Agenda.” CARRIED

CLOSED CONSENT AGENDA Councillor Parkes advised Item 1 of the Thirty-eighth Report of the Development Services Committee was withdrawn and replaced by Item 1 of the Fortieth Report of the Development Services Committee. Moved by Councillor Lutczyk, seconded by Councillor Parkes, (636) “That all items listed under the heading of Consent Agenda for the October 2, 2006 closed meeting be adopted as recommended except: Item 1 of the Thirty-eighth Report of the Development Services Committee; Item 3 of the Fortieth Report of the Development Services Committee; Item 1 of the Thirty-second Report of the Audit, Budget and Corporate Services Committee; and, Reports CM-06-71 and CM-06-76.” CARRIED

- 570 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 CONFIDENTIAL COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Thirty-eighth Report 1. Land Lease between the City and 420 Wing RCAFA – South Field Airport Lands (DS-06-312) (Ward 4) Recommendation (WITHDRAWN AND REPLACED – See Pages 569 and 571)

1. That the current lease agreement between the City and RCAFA 420 Wing be terminated and that the Mayor and Clerk be authorized to execute a new lease agreement under the terms and conditions as contained in Report DS-06-312 dated September 13, 2006; said agreement to be in a form and content satisfactory to the Director, Legal Services.

2. That Council provide direction on an extension of the City operating grant

currently provided to RCAFA 420 Wing to offset Base Rent and any future increases until December 31, 2019.

2. Direction on Staff Involvement on an Appeal to the Ontario Municipal Board re: Zoning

By-law and Official Plan amendments, Simcoe Street North Corridor (DS-06-349) (Ward 7) Recommendation (CARRIED – See Page 569) That Council authorize Legal Services to oppose the various appeals of By-law

105-2006, Amendment 57 to the Official Plan of the Former Oshawa Planning Area (Secondary Plan for the Samac Community), and Zoning By-law 106-2006 to the Ontario Municipal Board by Ray Stanton and Wellington Capital Corporation, Taylorwood Management Inc., and Rick Shea regarding the Simcoe Street North Corridor, and that staff lend such aid and assistance as Legal Services may require for that purpose.

- 571 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 The Development Services Committee respectfully reports and recommends to City Council its Fortieth Report 1. Land Lease between the City and 420 Wing RCAFA – South Field Airport Lands (DS-06-312) (Ward 4) Recommendation (CARRIED – See Page 569)

That Item 1 of the Development Services Committee Thirty-ninth Report to Council be withdrawn and replaced with the following: 1. That the current lease agreement between the City and RCAFA 420 Wing be

terminated and that the Mayor and Clerk be authorized to execute a new lease agreement under the terms and conditions as contained in Report DS-06-312 dated September 13, 2006; said agreement to be in a form and content satisfactory to the Director, Legal Services.

2. That the City provide an operating grant to RCAFA 420 Wing to offset Base Rent

and any future increases until December 31, 2019. 2. Licence Agreement for use of the Harmony Valley Park Works Building and Yard to the

South Central Ontario Big Game Association (DS-06-359) (Ward 6) Recommendation (CARRIED – See Page 569)

1. That subject to the South Central Ontario Big Game Association (SCOBGA) receiving appropriate funding to create and operate the proposed fish hatchery, that the Mayor and Clerk be authorized to execute a licence agreement under the terms and conditions identified in Report DS-06-359, dated September 25, 2006, said agreement to be in a form and content satisfactory to the Director, Legal Services;

2. That subject to Recommended Action No. 1 above, and notwithstanding the

City’s Sign By-Law, that the South Central Ontario Big Game Association be permitted to apply on behalf of the City to erect signage advertising the fish hatchery at the Harmony Valley Park and further that the South Central Ontario Big Game Association officially recognize the City of Oshawa as a contributing partner on all signage and correspondence.

3. That the South Central Ontario Big Game Association be authorized to apply to

the Region to hook into its sanitary sewer system for the purpose of discharging waste generated from Fish Hatchery operation, such authorization does not imply approval;

- 572 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006

4. That the South Central Ontario Big Game Association be permitted to utilize the

existing well on the Harmony Valley Park lands for the fish hatchery operations, or if a well fails to be located that the SCOBGA be authorized to drill a new well on the Harmony Valley Park lands, subject to receiving the appropriate approvals from City staff and any other authorities having jurisdiction; and,

5. That the South Central Ontario Big Game Association provide annual operation

reports to City Council on the fish hatchery operation. 3. Disposition of a portion of North Field Airport Lands to Durham Aviation Services (DS-06-360) (Ward 4) Recommendation (CARRIED – See Page 575)

1. That the lands currently occupied by Durham Aviation Services located on the west side of Keith Ross Court be declared surplus to Municipal Requirements and unnecessary for the management, maintenance or operation of the Oshawa Municipal Airport;

2. That the Mayor and Clerk be authorized to execute an agreement of purchase and

sale with Durham Aviation Services together with all other documents necessary to give effect to same, for the sale of lands currently occupied by Durham Aviation Services on the west side of Keith Ross Court under the terms and conditions as generally contained in Report DS-06-360 dated September 25, 2006; said Agreement and additional documents to be in a form and content satisfactory to the Director, Legal Services; and,

3. That Part 3 of the recommendation as outlined in Confidential Report DS-06-360

dated September 25, 2006, be adopted.

- 573 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Report of the Audit, Budget and Corporate Services Committee The Audit, Budget and Corporate Services Committee respectfully reports and recommends to City Council its Thirty-second Report. 1. Ella Hernandez, 1453620 Ontario Ltd., Touch Holistic Centre – 343 Bloor Street West –

Review Application for a Body Rub Parlour Owner Licence (ABCS-06-223) (Ward 1)

Recommendation (LOST – See Page 575) 1. That the application for a Body Rub Parlour Owner Licence, from Ella Hernandez

1453620 Ontario Ltd., Touch Holistic, 343 Bloor Street West be approved on condition that the applicant sign a declaration stating that Tatiana and Iouri Kouznetsov(a) be prohibited from any involvement in the said business including owning any outstanding shares in the corporation;

2. That the following additional conditions be placed on the Body Rub Parlour Owner

Licence from Ella Hernandez, 1453620 Ontario Ltd., Touch Holistic Centre, 343 Bloor Street West:

1. That the licensee shall provide a minimum of two attendants at all times,

during hours of operation.

2. That the licensee shall provide a working telephone in each of the rooms accessible at all times, to the attendants.

3. That the licensee shall ensure that the video recording equipment records only the points of entry and exit to the establishment.

4. That the licensee shall ensure the video recording equipment is functioning during hours of operation.

5. That the licensee shall hold each video recording for a period of fourteen days upon completion of each business day.

6. That the licensee shall display the licence in a conspicuous location for examination by police and by-law enforcement.

7. That the licensee shall have on file, a copy of Body Rub Attendant’s licence for each Attendant employed by the establishment. That all licences for Body Rub Attendants shall be available for immediate review at the time of each inspection.

8. That the licensee shall have on file a copy of the Purchase and Sale Agreement; and

3. That failure to comply with the conditions set out in this licence shall result in

immediate revocation of the Body Rub Parlour Licence.

- 574 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Report of the Community Services Committee None. Report of the Strategic Initiatives Committee None. CONFIDENTIAL REPORTS OF THE COMMITTEE OF THE WHOLE 1. R. Stockman, Commissioner of Corporate Services, submitting Confidential Report

CM-06-73 concerning CUPE Local 251 Job Evaluation Banding Project (All Wards) Recommendation (CARRIED – See Page 569)

That Council approve the implementation of the recommend JE banding and associated wage scale presented in Annex B and Annex C to Confidential Report CM-06-73, effective April 1, 2005.

2. R. Stockman, Commissioner of Corporate Services, submitting Confidential

Report CM-06-69 concerning a legal matter (All Wards) Recommendation (CARRIED – See Page 569)

That the recommendation as outlined in Report CM-06-69 be adopted. 3. B. Duignan, City Manager, submitting Confidential Report CM-06-71 concerning a

legal/property matter (All Wards) Recommendation (CARRIED – See Page 569)

That the recommendation as outlined in Confidential Report CM-06-71 be adopted. 4. B. Duignan, City Manager, submitting Confidential Report CM-06-76 concerning

Construction of the South Oshawa Community Centre (All Wards) Recommendation (AMENDED – See Pages 575 and 621)

That recommendation 3 as outlined in Confidential Report CM-06-76 be adopted.


DISCUSSION AGENDA MATTERS EXCLUDED FROM THE CLOSED CONSENT AGENDA Moved by Councillor Parkes, seconded by Councillor M. Nicholson, (637) “That Council adopt Item 3 of the Fortieth Report of the Development Services Committee.” CARRIED Moved by Councillor Cullen, seconded by Councillor Marimpietri, “That Council adopt Item 1 of the Thirty-second Report of the Audit, Budget and Corporate Services Committee.” LOST Moved by Councillor Parkes, seconded by Councillor M. Nicholson, (638) “That Council adopt Confidential Report CM-06-71 concerning a legal/property matter.” CARRIED Moved by Councillor M. Nicholson, seconded by Councillor Clarke, “That Council adopt recommendation 2 contained in Confidential Report CM-06-76.” LOST Moved by Councillor Lutczyk, seconded by Councillor Pidwerbecki, (639) “That Council adopt recommendation 3 contained in Confidential Report CM-06-76.” CARRIED AS AMENDED BY THE FOLLOWING MOTION Councillor Marimpietri temporarily left the meeting Moved by Councillor Kolodzie, seconded by Councillor Pidwerbecki, (640) “That recommendation 3 contained in Confidential Report CM-06-76 be amended as directed.” CARRIED Confidential Report CM-06-76 CARRIED AS AMENDED. (RECONSIDERED – See Page 621) Moved by Councillor Cullen, seconded by Councillor Clarke, (641) “That the meeting recess.” CARRIED The meeting recessed at 5:30 p.m. and reconvened at 6:30 p.m. ADDITIONAL BLESSING Father Toon, Church of the Good Shepherd gave the additional blessing. ANNOUNCEMENTS FROM COUNCIL MEMBERS

- 576 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Councillor Cullen advised the ‘Walk to Take Back the Night’ was successfully held on September 28, 2006, adding that donations of ‘Club Z points’ and personal toiletry items can be made at Zellers stores to the Butterfly Organization, established to assist sex trade workers to change their lives. Councillor Clarke thanked volunteers and the Downtown Action Committee for the successful Celtic Festival held at Memorial Park on Saturday, September 23, 2006 where over 5,000 people attended. Councillor Clarke announced that Ajax Councillor Joe Dickson has challenged Oshawa to reduce more waste than Ajax during ‘Waste Reduction Week’, held October 16 to 22, 2006. Councillor Parkes encouraged the public to attend The Robert McLaughlin Gallery before November 6, 2006 to view ‘Milestones of an Artistic Journey’, an exhibition dedicated to the painter, Antoine Plamondon (1804-1895), which includes religious paintings, portraits from photographs and still-lifes, including the painting ‘The Last of the Hurons’, later acquired by Lord Durham. Councillor Parkes thanked the media for their coverage of the Celtic Festival and credited them for the thousands that turned out for the event. Councillor Neal announced on Saturday, October 7, 2006 residents are invited to an Open House for the new Fire Station 5 held from 11:00 a.m. to 3:00 p.m. He advised the opening of Fire Station 5 benefits northeast Oshawa residents and all citizens by lessening overall emergency response times. He added that firemen at the Open House will be accepting donations to Camp Bucko, a camp for Ontario children with burn injuries. Councillor M. Nicholson announced that over 100 teams attended the Ladies Generals Girls Hockey Tournament this past weekend, making it the largest girls tournament in Durham Region. Councillor M. Nicholson stated that 7 of the 11 Oshawa teams were in the finals and one of them won first place. He added that over 2,000 people stayed in Oshawa for the weekend and thanked recreation staff for their contributions to the successful tournament. Mayor Gray advised the Oshawa Hawkeyes won the Canadian Senior Men’s Football Tournament in Calgary by defeating the Calgary Wolfpack. DECLARATIONS OF PECUNIARY INTEREST Councillor Neal made a declaration of pecuniary interest concerning Confidential Report CM-06-72 considered at the special Council meeting of September 29, 2006 as GM is referenced in the Report and he is an employee of General Motors of Canada Limited and did not take part in discussion or voting.

- 577 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 PRESENTATIONS Moved by Councillor B. Nicholson, seconded by Councillor M. Nicholson, (642) “That the City of Oshawa proclaim October 8 to 14, 2006 as ‘Fire Prevention Week’ and Saturday, October 14, 2006 as ‘Fire Service Recognition Day’.” CARRIED Fire Chief Steve Meringer received a City of Oshawa Proclamation proclaiming October 8 to 14, 2006 as ‘Fire Prevention Week’ and Saturday, October 14, 2006 as ‘Fire Service Recognition Day’. Chief Meringer extended an invitation to the Fire Hall 5 Open House and the Fire Prevention Week display at the Oshawa Centre. Bonnie White, President, The Oshawa Garden Club, was presented with a City of Oshawa plaque to commemorate their 75th Anniversary. Clare Ford, Volunteer, Scouts Canada Oshawa Area, presented the City with a ‘Dream Catcher’, in appreciation for the City’s assistance in July 2006 when the Kwahadi Dancers’ (50 Scouts from Amarillo, Texas) performance was rained-out. Clare Ford explained that Council members offered the dancers to perform their Native American Dance, ‘Song of the Eagle’, at the Legion on South Simcoe Road where Olive Street residents who were burned out of their homes the night before had gathered for a barbeque, subsequently the proceeds from the souvenir and scouting supply table were donated to assist the homeless residents. Major Dale Bliss, Commanding Officer, Captain Mario Puglisevich, and Cadets, 151 Chadburn Squadron, presented the City with a limited edition puzzle of Wells Cathedral and two framed photographs of their presentation ceremony at the City of Wells, England. Jim Dubray, Children’s Aid Society (CAS), announced that October is ‘Child Abuse Prevention Month’ and advised their agency receives approximately 75 calls per week about children in Durham Region who may have been abused or neglected. He announced their agency is launching the ‘Use Your Voice’ campaign along with other Ontario CAS’s and purple ribbons and wristbands will be distributed to raise funds and to remind everyone to be the eyes and ears of the children in their community. Sherrill Willard, President, Oshawa/Whitby Newcomers Club introduced Club members May Heinrich, Vice President, Christal Lloyd, Iza Matsumoto and Shirley Keillor. Sherrill Willard stated the Club supports both new residents and those beginning a new stage in their life and invited anyone interested to attend their monthly meetings on the second Tuesday of each month at the Loblaws store on Gibb Street. She advised there is a small fee to become a member, and listed many local club activities including informative speakers, walking groups, and card groups.

- 578 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 DELEGATIONS/DELEGATION REQUESTS Delegations None. Delegation Requests None. PUBLIC MEETING In accordance with Section 238(4) of the Municipal Act, 2001, notice was provided of City Council’s intention to amend Council’s Procedural By-law 126-75 to substitute the words ‘Operational Services Committee’ with the words ‘Community Services Committee’. No one present indicated a desire to address Council concerning the proposed By-law. No one present indicated a desire to address Council concerning Committee of the Whole Report CM-06-68 regarding applications for cancellation, reduction or refund of taxes contained in Batch 2006-357-5. CORRESPONDENCE REQUESTS 1. Municipality of Clarington, Patti Barrie, City Clerk, forwarding correspondence to

Attorney General Michael Bryant requesting additional Justices of the Peace be appointed to the Courts in the Region of Durham. (All Wards)

Moved by Councillor Clarke, seconded by Councillor Cullen, (643) “That Council endorse Correspondence Request Item 1 from the Municipality of Clarington, to the Attorney General requesting additional Justices of the Peace be appointed to the Courts in the Region of Durham.” CARRIED ADDITIONAL AGENDA ITEMS/MOTIONS 1. Larry Ladd requesting to address City Council in opposition to Item 9 of the Forty-first

Report of the Development Services Committee concerning the Oshawa Waterfront Master Plan, Terms of Reference Outline. (Ward 1)

Moved by Councillor Pidwerbecki, seconded by Councillor Kolodzie, (644) “That rules of procedure be waived to hear Larry Ladd.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Councillor Neal temporarily left the meeting.

- 579 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 2. Rotary Club of Oshawa, Joan Skelton, Vice President, requesting use of the Council

Chamber for their annual fundraising TV Auction from 12:00 p.m., Friday, November 24, 2006 to the morning of Monday, November 27, 2006. (All Wards)

Moved by Councillor Kolodzie, seconded by Councillor M. Nicholson, (645) “That the Rotary Club of Oshawa be permitted use of the Council Chamber for their annual fundraising TV Auction from 12:00 p.m., Friday, November 24, 2006 to the morning of Monday, November 27, 2006.” CARRIED 3. Greg McDowell, The Oshawa Express, requesting Report CM-06-67 concerning a

Corporate Advertising Policy be deferred until his business has had an opportunity to bid on a City page. (All Wards)

Moved by Councillor M. Nicholson, seconded by Councillor Lutczyk (646) “That Additional Correspondence Item 3 from The Oshawa Express, be referred to Report CM-06-67.” REFERRED BY THE FOLLOWING MOTION Moved by Councillor B. Nicholson, seconded by Councillor Lutczyk, (647) “That Additional Correspondence Item 3 from Greg McDowell, The Oshawa Express, and Report CM-06-67 be referred back to staff to allow staff to meet with the correspondent.” CARRIED Larry Ladd addressed City Council in opposition to Item 9 of the Forty-first Report of the Development Services Committee stating he opposed Oshawa’s sole-funding of $320,000 for a waterfront study involving property the City does not own, and stated bordering municipalities and businesses who would benefit from the study should also assume financial responsibility. He stated a consultant’s report on the waterfront would be meaningless because the Harbour Commission would not accept it. He stated federal MPs promised they would clean-up Oshawa’s waterfront but have done nothing, and suggested the first thing they should be requested to do is dissolve the Oshawa Harbour Commission. He stated the majority of Council were elected in 2003 on promises to clean-up and re-open the marina but in three years they have been unsuccessful. He requested Council direct staff to rework the Waterfront Master Plan to focus on opposing the rail spur and obtaining ownership of the marina and harbour. He stated Oshawa’s boating community would like to see a plan to regain Oshawa’s marina for the 2007 boating season. Councillor Neal re-entered the meeting during Larry Ladd’s delegation. Moved by Councillor Parkes, seconded by Councillor M. Nicholson, (648) “That the Forty-first Report of the Development Services Committee and related By-laws 140-2006 to 142-2006 be added to the public meeting Consent Agenda.” CARRIED


PUBLIC CONSENT AGENDA Councillor Parkes advised Item 25 of the Thirty-ninth Report of the Development Services Committee had been withdrawn and replaced by Item 1 of the Forty-first Report of the Development Services Committee. Moved by Councillor Kolodzie, seconded by Councillor Lutczyk, (649) “That all items listed under the heading of Consent Agenda for the October 2, 2006 public meeting be adopted as recommended except: Item 25 of the Thirty-ninth Report of the Development Services Committee; Item 9 of the Forty-first Report of the Development Services Committee; Items 4, 7, 15 and 20 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee; and Items 7, 14 and 16 of the First Report of the Community Services Committee.” CARRIED ADOPTION OF MINUTES That the minutes of the September 11, 2006 City Council meeting be adopted. (CARRIED – See Page 580) CORRESPONDENCE None. Correspondence – Received and Filed “That correspondence listed in Appendix A to the Public Agenda for the October 2, 2006 City Council meeting be received and filed. (CARRIED – See Page 580)

- 581 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 COMMITTEE REPORTS Report of the Development Services Committee The Development Services Committee respectfully reports and recommends to City Council its Thirty-ninth Report 1. Township of Uxbridge, Paper Fibre Bio-solids (DS-06-338) (All Wards) Recommendation (CARRIED – See Page 580) That correspondence dated July 5, 2006, from the Township of Uxbridge concerning

paper fibre bio-solids be received for information. 2. City of Mississauga, Status Report on Mayor’s Megawatt Challenge (DS-06-339) (All Wards) Recommendation (CARRIED – See Page 580) That correspondence dated August 4, 2006, from the City of Mississauga concerning a

status report on the Mayor’s Megawatt Challenge be received for information. 3. Rob Weir, request to have street named in honour of his father, Roger Weir (DS-06-340) (All Wards) Recommendation (CARRIED – See Page 580) That e-mail correspondence dated September 7, 2006, from Rob Weir requesting to have

a street named in honour of his father, Roger Weir, in recognition of the money and efforts his memorial hockey tournament has raised for the Heart and Stroke Foundation be referred to staff for consideration in conjunction with the City’s street naming process.

4. Region of Durham Recommended Arterial Corridor Guidelines Study (DS-06-55) (All Wards) Recommendation (CARRIED – See Page 580)

1. That Council endorse the comments contained in Report DS-06-55 dated September 13, 2006, as the City’s comments on the Region’s recommended Arterial Corridor Guidelines.

2. That a copy of Council’s resolution and Report DS-06-55 dated September 13,

2006, from the Commissioner of Development Services be forwarded to the Region of Durham and the other area municipalities.

5. Applications for Approval of Draft Plan of Condominium C-O-2006-02 and to remove


the ‘h-41’ Holding Symbol, 1111 Glenbourne Street, 1001127 Ontario Inc. (DS-06-331) (Ward 6) Recommendation (CARRIED – See Page 580)

1. That the application submitted by 1001127 Ontario Inc. for approval of a condominium tenure for a 23-unit block townhouse project (File C-O-2006-02) at 1111 Glenbourne Drive be approved, subject to the following conditions:

(a) That the owner enter into a condominium/site plan agreement with the

City, to the satisfaction of the Development Services Department, to ensure development of the site and construction of services and improvements in accordance with the approved conditions and plans.

(b) That the owner obtain all required variances from Zoning By-law 60-94 to

implement the approved site design. (c) That the draft plan approval for C-O-2006-02 become null and void three

years after the effective date of approval, if the condominium is not registered.

(d) That an illumination plan showing lighting details including that all

exterior lighting has full cut-off fixtures be prepared to the City’s satisfaction.

(e) That prior to the release of the condominium for registration the owner

shall have the condominium declaration and a plan showing units and common elements approved by the Commissioner of Development Services.

(f) That the owner provide roll-up type garage doors for all garages. (g) That any approvals which are required from CLOCA for the development

of this plan be obtained by the owner, and upon request written confirmation be provided to the City as verification of these approvals.

(h) That the draft plan of condominium comply with the City’s Residential

Condominium Policy approved in 1978. (i) That the owner arrange for, and pay the cost of all services required to

service the plan, in accordance with the policies and requirements of the City.

(j) That the City grant any easements and authorize any work required for

utilities, stormwater management and servicing on City owned lands necessitated by the development of the plan provided the owner has met all the requirements of the City, financially or otherwise.


(k) That this development comply with City policies with respect to stormwater management. In this regard, the owner is required to prepare a storm servicing design brief for the City’s review and acceptance prior to the preparation of the engineering drawings to address, at a minimum, the issues relating to:

(i) The minimum basement floor elevations for each lot within the

townhouse development; (ii) Water quality; (iii) Major and minor flow routes; (iv) On-site erosion and sediment control; and, (v) Site servicing. Furthermore, the owner is required to implement and bear the cost of all the necessary stormwater management features recommended in the approved design brief.

(l) That the location of all driveways maintain a minimum one (1) metre

clearance from all above ground utility structures or other like apparatus. (m) That the lands under this application shall not be graded, filled or stripped

except in compliance with the City's Site Alteration By-law 85-2006. (n) That the owner satisfy all requirements of the Region of Durham Works

Department. (o) That the owner deposit with the City monetary security in an amount to be

specified in the condominium/site plan agreement as satisfactory to the City to ensure that certain site improvements including landscaping, curbing and fencing are carried out to the satisfaction of the City in accordance with the approved conditions and plans.

(p) That prior to any on-site grading or development and the preparation of a

condominium/site plan agreement, the owner shall submit for approval completed site, landscape, building elevations and floor plans, grading, drainage and servicing plans and erosion and sedimentation plans for the project and such plans as necessary shall form part of the condominium/site plan agreement.

(q) That the collection and disposal of refuse shall be in compliance with the

City’s Refuse Collection By-law, as amended, and the development shall provide for the collection and disposal of recyclable materials in accordance with Ontario’s 3R’s Regulations for waste reduction. The applicant is advised that the final determination of the provision of City-administered pick-up on private property is subject to refuse and recycling storage facilities, access ramps and/or parking restrictions being acceptable to the Public Works Maintenance Services Branch as finally


constructed. Additionally, curbside refuse pick-up shall not be provided until occupancy is at least 50%.

(r) That the cost of any relocation, extension, alteration, damage repair or

extraordinary maintenance of existing services or the cost of installing new services necessitated by this development shall be the responsibility of the owner and prior to the preparation of the condominium/site plan agreement, the owner agrees to contact the City’s Engineering Services Branch to arrange for the completion of any required work within the road allowances.

(s) That the owner retain a qualified Professional Engineer to prepare a noise

study to the satisfaction of the City and that the condominium/site plan agreement contain appropriate provisions that require the owner to address noise matters in accordance with Provincial guidelines/criteria and to the satisfaction of the City and that the owner pay for any peer review of the study, if required by the City.

(t) That satisfactory arrangements be made for financing the City’s share of

servicing, if any, prior to the execution of the condominium/site plan agreement.

(u) That the owner submit a soils report prepared by a qualified Professional

Engineer for foundation design and construction prior to the issuance of a building permit.

(v) That the owner grant any easements free of charge required for servicing

to either the City or Region or concurrently to both municipalities, if so determined. City easements shall be in a location as determined by the City. The owner shall also be responsible to grant any easements or convey block(s) as necessary to the appropriate utility companies, which services are normally placed within the municipal road allowance, but cannot be facilitated in the municipal road allowance due to engineering constraints.

(w) That prior to registration of the proposed condominium:

(i) All buildings shall be substantially complete and ready for occupancy;

(ii) Site works/improvements shall be substantially complete; and, (iii) A survey shall be submitted showing as constructed buildings

which comply with the Zoning By-law.


2. That the ‘h-41’ holding symbol be removed by by-law from the R4-A

(Residential) zoning for 1111 Glenbourne Drive at the next regular Council meeting.

6. Places to Grow – Better Choices. Brighter Future. Final Growth Plan for the Greater

Golden Horseshoe (DS-06-332) (All Wards) Recommendation (CARRIED – See Page 580) That Report DS-06-332 dated September 13, 2006, from the Commissioner of

Development Services regarding the final Growth Plan for the Greater Golden Horseshoe be received for information.

7. Application for Variances to Sign By-law 72-96, 4179 Simcoe Street North, Kubota

Farm Implement Sales (DS-06-327) (Ward 7) Recommendation (CARRIED – See Page 580)

Whereas Kubota Farm Implement Sales has applied for a variance to Sign By-law 72-96 to permit a pylon sign with a sign area of 6.2 square metres (66.7 sq. ft.) where Sign By-law 72-96 permits a maximum sign area of 3 square metres (32.3 sq. ft.) per street line in Existing Use zones; and, Whereas the proposed sign is appropriate for the farm implement sales, rentals and service establishment on a large rural lot with frontage on an arterial road; Therefore, the application for a variance to Sign By-law 72-96 by Kubota Farm Implement Sales (File SV-15/2006) to permit a pylon sign with a sign area of 6.2 square metres (66.7 sq. ft.), be approved.

8. Application for Variances to Sign By-law 72-96, 423 Bloor Street West, Enterprise

Rent-A-Car (DS-06-328) (Ward 1) Recommendation (CARRIED – See Page 580)

Whereas on March 20, 2006, City Council approved a sign variance for Enterprise Rent-A-Car for a proposed pylon sign partially on the Regional Road allowance with no setback from the street line; and, Whereas the applicant proposes to relocate the approved sign to be entirely on the owner’s property and has applied for the following variances: (a) To permit a proposed pylon sign with no setback from the street line where the

sign by-law requires a minimum setback of 1.0 metre; (b) To permit a proposed pylon sign with a double-pole design that has a proposed

pole diameter greater than 0.3 metre and is located in the driveway sight triangle


where the sign by-law prohibits signs in the driveway sight triangle unless the sign maintains a clearance of 2.4 metres and utilizes a single pole with a diameter not greater than 0.3 metre; and,

Whereas the new proposed pylon sign will replace an existing ground sign located entirely on the Regional road allowance; and, Whereas the proposed sign will not create a sight visibility problem for motorists; Therefore, the application for variances to Sign By-law 72-96 by Enterprise Rent-A-Car (File SV-17/2006) for a new pylon sign located entirely on the subject property with no setback from the street line and located in the driveway sight triangle at 423 Bloor Street West, be approved.

9. Application for Variances to Sign By-law 72-96, 750 Taunton Road East, Fieldgate

Commercial–Sleep Country Canada (DS-06-329) (Ward 7) Recommendation (CARRIED – See Page 580)

Whereas Sleep Country Canada has applied for variances to Sign By-law 72-96 for a freestanding building at the Fieldgate Commercial plaza to permit a fascia sign on the eastern elevation where no signs are permitted and a fascia sign on the western elevation where no signs are permitted; and, Whereas the proposed signs are appropriate for the Sleep Country Canada building which is situated on a shopping centre site; Therefore, the application for variances to Sign By-law 72-96 by Sleep Country Canada (File SV-16/2006) to permit additional fascia signs on the east and west elevations of the proposed Sleep Country Canada building at the Fieldgate Commercial plaza be approved.

10. Application for Variances to Sign By-law 72-96, 784 Taunton Road East, Royal Bank of

Canada–Fieldgate Commercial (DS-06-335) (Ward 7) Recommendation (CARRIED – See Page 580)

Whereas the Royal Bank of Canada has applied for the following variances: (a) To permit a Corporate Logo fascia sign on the north building elevation that

projects more than 1 metre above the roof line where the sign by-law only permits a Corporate Logo fascia sign facing a street line and restricts a fascia sign from projecting more than 1 metre above a roof line;

(b) To permit a directional sign with a corporate logo that is 1.0 square metre in sign

area and has a clearance of 3.5 metres for vehicle access where the sign by-law restricts the maximum sign area of a directional sign to 0.40 square metres and


requires a minimum clearance of 4.25 metres for signs that project over an area in which vehicles have access; and,

Whereas the signs are appropriate for the Royal Bank of Canada building which is situated on shopping centre site; Therefore, the application for variances to Sign By-law 72-96 by Royal Bank of Canada (File SV 18/2006) at 784 Taunton Road East, be approved.

11. New Ontario Building Code (Regulation 350/06) (DS-06-304) (All Wards) Recommendation (CARRIED – See Page 580) That Report DS-06-304 dated September 13, 2006, from the Commissioner of

Development Services regarding the new Ontario Building Code be received for information.

12. August 2006 Building Permit Statistics (DS-06-334) (All Wards) Recommendation (CARRIED – See Page 580) That the Building Permit Statistics for August 2006 be received for information. 13. Boundary Road Agreement between the City of Oshawa and the Municipality of

Clarington (DS-06-343) (Wards 1, 3, 6 and 7) Recommendation (CARRIED – See Page 580)

1. That the City enter into an amendment to the Boundary Road Agreement with the Municipality of Clarington concerning cost sharing for street lighting, as attached to Report DS-06-343 dated September 13, 2006.

2. That the Mayor and Clerk be authorized to execute the above-noted Agreement. 3. That a copy of Report DS-06-343 and relevant Council Resolution be forwarded

to the Municipality of Clarington.

- 588 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 14. Engineer’s Report 06-01 (DS-06-345) (Wards 2, 4 and 5) Recommendation (CARRIED – See Page 580) That staff be authorized to commence the notification process required under Ontario

Regulation 119/03 to advise of City Council’s intent to pass a Local Improvement Charges By-law for the construction of Frontenac Avenue, Grenfell Street, Llewellyn Avenue, Rosehill Boulevard and Somerville Avenue, in accordance with Report DS-06-345 concerning Engineer’s Report 06-01.

15. Canadian National Railway Company – Release of Servicing Agreement re construction

of Thornton Road South (DS-06-346) (Ward 1) Recommendation (CARRIED – See Page 580)

1. That a full and final release be delivered to Canadian National Railway Company in accordance with the terms of a Servicing Agreement dated April 1, 1977, as amended December 29, 1999, and as further amended September 29, 2003;

2. That the Director, Legal Services, be authorized to cause the Servicing

Agreement, as amended, to be released from title to all lands against which it has been registered; and,

3. That the Mayor and Clerk be authorized to execute all documents to effect the

foregoing in a form acceptable to the Director, Legal Services. 16. Economic Development Activity Report (DS-06-336) (All Wards) Recommendation (CARRIED – See Page 580) That Report DS-06-336 dated September 13, 2006, from the Director, Economic

Development and Real Estate Services, regarding major activities undertaken by Economic Development and Real Estate Services from January 1 to June 30, 2006, be received for information.

17. Christina and William Passfield requesting refund of a variance fee (DS-06-354) (Ward 5) Recommendation (CARRIED – See Page 580) That Christina and William Passfield be refunded the fee paid for the Committee of

Adjustment hearing to obtain a variance to the fence by-law, and that the issue of side yards be referred to staff for a report.

- 589 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 18. Request for a Variance to Sign By-law 72-96, 51 King Street East, St. Vincent’s Kitchen (DS-06-347) (Ward 2) Recommendation (CARRIED – See Page 580)

Whereas St. Vincent’s Kitchen has requested a variance to permit a non-accessory fascia sign (±1.2m x 1.2m in size) on the west building elevation of 51 King Street East in order to advertise the New Globe Restaurant at 60 Athol Street East where the sign by-law does not permit such a non-accessory sign; and, Whereas a sign advertising the New Globe Restaurant was previously removed from 51 King Street East due to maintenance concerns; and, Whereas the proposed new fascia sign replaces the sign that was removed; Therefore the request for a variance to Sign By-law 72-96 by St. Vincent’s Kitchen to permit a non-accessory fascia sign at 51 King Street East to advertise the New Globe Restaurant at 60 Athol Street East be approved and the application fee for a sign variance be waived.

19. Notification of Draft Plan of Condominium Applications Concerning Conversion of

Rental Properties to a Condominium Tenure (DS-06-337) (All Wards) Recommendation (CARRIED – See Page 580)

Whereas the Planning Act does not require tenants in a rental project to be notified of an application to convert the project from a rental tenure to a condominium tenure; and, Whereas it is important for the City to obtain input from rental tenants on such condominium applications as part of any decision on the application; Therefore be it resolved that the Development Services Committee and Development Services Department be required to hold a public meeting on any draft plan of condominium application concerning the conversion of a rental property to a condominium tenure and place an advertisement for the public meeting in the local newspaper and provide notice of the public meeting to all tenants at the cost of the applicant.

- 590 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 20. Davies Howe Partners, on behalf of Medican Developments (Oshawa) Inc., supporting

the recommendation of Report DS-06-322, Recommended Downtown Shoulder Area Renaissance Community Improvement Plan (DS-06-353) (Wards 2 and 5)

Recommendation (CARRIED – See Page 580) That correspondence dated September 18, 2006, from Davies Howe Partners on behalf of

Medican Developments (Oshawa) Inc., advising of Medican’s support of the recommendation contained in Report DS-06-322, Recommended Downtown Shoulder Area Renaissance Community Improvement Plan, be received for information.

21. Recommended Downtown Shoulder Area Renaissance Community Improvement Plan (DS-06-322) (Wards 2 and 5) Recommendation (CARRIED – See Page 580)

1. That a by-law to designate the Downtown Shoulder Area Community Improvement Area as a Community Improvement Project Area under Section 28 (2) of the Planning Act, R.S.O. be passed.

2. That the Downtown Shoulder Area Renaissance Community Improvement Plan

comprising Sections 5.0, 6.0 and 7.0 and Exhibit 1 of Attachment 2 to Report DS-06-322 dated September 13, 2006, be adopted by by-law.

3. That staff be directed to develop a City of Oshawa Development Charge Deferral

Policy for the Downtown Shoulder Area Community Improvement Project Area for future consideration.

22. Applications for Façade Improvement Loans; 17, 19 and 21 Simcoe Street North;

88 Bond Street West (DS-06-321) (Ward 5) Recommendation (CARRIED – See Page 580)

1. That a Façade Improvement Loan of $25,000 be approved for 17, 19 and 21 Simcoe Street North.

2. That a Building Permit Fee grant of $1,500 be approved for 17, 19 and 21 Simcoe

Street North. 3. That notwithstanding Appendix 2 to the Central Business District Renaissance

Community Improvement Plan, a Façade Improvement Loan of $20,000 be approved for 88 Bond Street West.


4. That funding for the above-noted loans and grant come first from the uncommitted balance in the Renaissance Community Improvement Reserve and any shortfall be funded through the City’s positive cash position.

5. That qualifying applications for Community Improvement Plan grants and loans

received before the end of 2006 come first from the uncommitted balance in the Renaissance Community Improvement Reserve and any shortfall be funded through the City’s positive cash position.

6. That staff be directed to develop a more permanent long-term funding strategy for

the Renaissance Community Improvement Plan programs including investigation of alternative funding options.

23. Boundary Road Agreement between the City of Oshawa and the Township of Scugog (DS-06-344) (Ward 7) Recommendation (CARRIED – See Page 580)

1. That the City enter into a new Boundary Road Agreement with the Township of Scugog, as attached to Report DS-06-344 dated September 13, 2006;

2. That the Mayor and Clerk be authorized to execute the above noted Agreement on

behalf of the City; and, 3. That a copy of Report DS-06-344 and relevant Council resolution be forwarded to

the Township of Scugog. 24. Transfer of a portion of Centre Street Road Allowance to the Region of Durham (DS-06-313) (Ward 5) Recommendation (CARRIED – See Page 580)

1. That upon the registration of the draft reference plan as identified in Report DS-06-313 dated September 13, 2006, that Part 3 be declared potentially surplus to municipal requirements.

2. That staff be directed to advertise the disposition of Part 3 on the reference plan in

accordance with the provisions of the Municipal Act. 3. That, in the event no public comments are received from the advertisement, that

staff be directed to prepare a By-law for Council’s consideration:

(a) Declaring Part 3 on the reference plan surplus; and, (b) Authorizing the transfer of Part 3 on the reference plan to the Region.

4. That subject to passage of the above noted By-Law, the Mayor and Clerk be


authorized to execute any and all documents in a form and content satisfactory to the Director, Legal Services to give effect to the foregoing.

25. Reg Malachowski, request to address Committee re: purchase of Bond Street East and

Roxborough Avenue road allowance (DS-06-341) (Ward 5) Recommendation (WITHDRAWN AND REPLACED – See Page 592) That the City proceed with the sale of property fronting onto Bond Street East, just east

of Oshawa Boulevard, and the Roxborough Avenue road allowance south of Bond Street to Mr. Reginald Malachowski, based on a current market value appraisal, for the creation of two single family dwelling lots; and further, that the Mayor and Clerk be authorized to execute an agreement of purchase and subject to satisfying the provisions of the Municipal Act; said agreement to be in a form and content satisfactory to the Director, Legal Services.

The Development Services Committee respectfully reports and recommends to City Council its Forty-first Report 1. Memorandum from the Commissioner of Development Services re City land located on

Bond Street east of Oshawa Boulevard, proposed sale to R. Malachowski (Ward 5) Recommendation (CARRIED – See Page 580)

That Item 25 of the Development Services Committee Thirty-ninth Report to Council be withdrawn and replaced with the following: 1. That Council reconsider its decision of July 4, 2006, to retain the lands pending

the conclusion of the Goodman Creek Two-Zone study and the John Street alignment to determine if better opportunities exist as an alternate site for Habitat for Humanity;

2. That staff be directed to advertise the subject property as a potential sale to invite

public comments in accordance with By-law 97-2000; 3. That staff be directed to advertise the potential stopping up, closure and sale of

the Roxborough Road Allowance in accordance with the provisions of the Municipal Act; and,

4. That, subject to staff receiving no public comments from both advertisements,

staff be directed to prepare a By-Law for Council’s consideration:

(a) Declaring the subject property and Roxborough Road Allowance surplus; (b) Stopping-up and closing the Roxborough Road Allowance; and (c) Authorizing the sale of both properties, subject to securing the appropriate

easements;


5. That subject to the recommended actions above, that the Mayor and Clerk be

authorized to execute an Agreement of Purchase and Sale for the lands located on the south side of Bond Street East, east of Oshawa Boulevard South in addition to the portion of the Roxborough Road Allowance south of Bond Street East;

6. That the purchase price be reflective of current market value as determined by a

third party appraiser; 7. That the lands be solely used for the creation of two single family dwelling lots in

conjunction with abutting lands owned by Mr. Malachowski; 8. That Mr. Malachowski grant to the City or any utility service provider, at no cost

any easements required for servicing to the satisfaction of the Director, Engineering Services;

9. That the terms and conditions of the agreement be to the satisfaction of the

Director, Legal Services; 10. That the Mayor and Clerk be authorized to execute any and all documents in a

form and content satisfactory to the Director of Legal Services, to give effect to the foregoing; and

11. That the Director, Legal Services be authorized to prepare and register the said

easement documents against the subject property in favour of the City. 2. Status Report on the Taunton-Harmony Corridor Study Implementation Process (DS-06-316) (Wards 6 and 7) Recommendation (CARRIED – See Page 580)

1. That Council take no further action towards amending the Oshawa Official Plan and Zoning By-law 60-94 for the Bouma lands at 855, 865, 875, 891 and 903 Taunton Road East and for the Stovin lands at 1007 Taunton Road East pending applications by Smart Centres.

2. That City Council continue to defer any action involving Official Plan and Zoning

By-law Amendments to implement the Taunton-Harmony Corridor Study Council Approved Land Use Plan for the lands along the west side of Harmony Road North, north of Taunton Road East, to allow continued dialogue and negotiations between Great Gulf and the affected property owners.

- 594 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 3. Direction on City Staff Involvement respecting an Appeal to the Ontario Municipal

Board, Committee of Adjustment Decision on Application, A041/06, 400 Wilson Road North, Aaron Dubeau (DS-06-350) (Ward 5)

Recommendation (CARRIED – See Page 580) That the Ontario Municipal Board be advised that City Council takes no position with

respect the decision of the Committee of Adjustment denying the application A041/2006 to permit the conversion of a portion of the garage to living space resulting in all required parking spaces being located on a driveway in the front yard and a reduced parking space width of 2.6 metres at 400 Wilson Road North and the City does not intend to lead evidence on the appeal.

4. Application to amend the Oshawa Official Plan and Zoning By-law 60-94, 500 Taunton

Road West, KIA Motors (DS-06-358) (Ward 7) Recommendation (CARRIED – See Page 580)

1. That the application by KIA Motors to amend the Oshawa Official Plan to permit an automobile sales and service establishment at the northeast corner of Taunton Road West and Stevenson Road North be approved;

2. That the proposed amendment to the Oshawa Official Plan forming Attachment 2

to Commissioner’s Report DS-06-358, dated September 25, 2006, be approved and the necessary by-law be passed;

3. That the rezoning application by KIA Motors to permit an automobile sales and

service establishment at the northeast corner of Taunton Road West and Stevenson Road North be approved, and that the implementing zoning by-law include the following requirements:

(a) That the southern portion of 500 Taunton Road West be rezoned from UR

(Urban Reserve) to SI-A (Select Industrial), subject to a special condition that would:

(i) Only permit an automobile sales and service establishment;

(ii) Permit 2 small loading spaces rather than 2 large loading spaces;

(iii) Prohibit front yard parking but permit a maximum of 4 vehicle display areas for a total of 8 vehicles in the front yard along Taunton Road West;

(iv) Specify a minimum front yard depth of 9.0 metres and a maximum front yard depth of 17.5 metres, after required road widening; and


(v) Provide a minimum 3 metre landscape strip along Taunton Road West and a minimum 4.5 metre landscaped strip along Stevenson Road North, after required road widenings;

(b) Include an ‘h’ holding symbol to be applied to the zoning on the subject

site which would not be removed until:

(i) Site plan approval is obtained from the City;

(ii) A Phase 1 Environmental Site Assessment (ESA) is completed to the satisfaction of the City and the Region; and

(iii) Stormwater management issues are addressed. 4. That the site plan approval process for the proposed development address the

following specific matters to the satisfaction of the Development Services Department: (a) That the owner enter into a site plan agreement with the City to ensure the

development of the site and the construction of services and improvements in accordance with the approved conditions and plans; said agreement to address the site design issues set out in report DS-06-358, dated September 25, 2006 to the satisfaction of the Commissioner of Development Services.

(b) That the owner deposit with the City monetary security in an amount to be

specified in the site plan agreement as satisfactory to the City, to ensure that certain site improvements, such as landscaping, fencing and curbing, are carried out to the satisfaction of the City in accordance with the approved conditions and plans;

(c) That prior to any development and the preparation of a site plan

agreement, the owner shall submit for approval completed site, landscape, building elevation, grading, drainage and servicing plans for this project and such plans, as necessary, shall form part of the site plan agreement;

(d) That the collection and disposal of refuse shall be in compliance with the

City’s Refuse Collection By-law as amended and the development shall be required to provide for the collection and disposal of recyclable materials in accordance with Ontario’s 3R’s regulations for waste reduction. If refuse facilities are not designed and built to meet City standards for City-administered refuse and recycling collection on private property, collection by City forces will not be provided to the site;

(e) That the site plan agreement contain provisions which require, if requested

by the City at some point in the future, that the owner provide easements/rights-of-way including those to the owners of adjacent properties, to the satisfaction of the City, to facilitate the movement of


vehicles between properties adjacent to the arterial roads and to minimize the number of driveways onto the arterial roads; and further, that the cost of all legal matters and construction associated with the above be borne by the owner;

(f) That the owner submit an Environmental Site Assessment prepared by a

qualified engineer to the satisfaction of the City and Region of Durham; (g) That the cost of any relocation, extension, alteration, damage repair or

extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the owner and prior to the preparation of the site plan agreement, the owner shall contact the City and/or Region to arrange for the completion of any required work within the road allowance;

(h) The satisfactory arrangements are made for financing the City's share of

servicing, if any, prior to the execution of the site plan agreement; (i) That the owner grant to the City, free of charge, any easements required

for servicing and such easements shall be in a location as determined by the City;

(j) That the owner satisfy all the requirements of the Regional Municipality

of Durham, financially and otherwise; (k) That the owner satisfy all the requirements of the Central Lake Ontario

Conservation Authority; (l) That the cost of the removal and restoration of curbs and gutters and the

boulevard at existing entrances to be abandoned with the development of the site shall be the responsibility of the owner, and further, if necessary, a fixed payment for the estimated cost of the work be made by the owner as a condition of the site plan agreement;

(m) That this development comply with City of Oshawa policies and by-laws

with regard to stormwater management, and also the findings and recommendations of the Stormwater Management and Servicing Study Report for Northwood Industrial Park, prepared by Aquafor Beech dated February 2004, including its subsequent addendum (January 17, 2005). In this regard, the owner is required to prepare/submit a Stormwater Management and Site Servicing Study to the City’s satisfaction, prior to the preparation of the site servicing and grading plans. At a minimum, the Study must address the following issues:

(i) Water quality and quantity control; (ii) Major and minor flow routes;


(iii) Site servicing; (iv) Physical outfall for site drainage; (v) On-site erosion and sediment controls; (vi) Infiltration potential of the lands; (vii) Foundation drain connection, if required; (viii) Pond Design and its impact to the woodlot and airport.

Furthermore, the owner is required to implement and bear the cost of all the necessary stormwater management features recommended in the Study.

(n) That the owner acknowledge that the development of the site cannot

proceed until such time that a safe physical outlet for minor and major storm drainage has been determined and arranged to the satisfaction of the City and/or the Region.

(o) That, if applicable, the residents abutting the subject site be provided a

copy of the Region of Durham Well Interference Policy; (p) That the subject site shall not be graded, filled or stripped except in

compliance with the City’s Site Alteration By-law 85-2006; (q) That the owner submit a soils report prepared by a qualified Professional

Engineer for foundation design and construction prior to the issuance of a building permit;

(r) That an illumination plan showing lighting details with full cut-off

exterior lighting be prepared to the City’s satisfaction; (s) That the site plan agreement include appropriate provisions related to the

site’s proximity to the Oshawa Airport as set out in Report DS-06-358, dated September 25, 2006;

(t) That the cost to provide any proposed driveway opening(s) shall be the

responsibility of the owner; (u) That the owner engage a Professional Engineer to prepare a noise report

and the site plan agreement contain appropriate provisions that require the owner to address noise matters in accordance with Provincial standards and to the satisfaction of the City;

(v) That an appropriate comprehensive signage package for the development

be addressed on the plans in the site plan agreement to the City’s satisfaction;


(w) That the owner convey to the City at no cost the road allowance widening(s) as may be determined necessary during the processing of the site plan. Such conveyance is to form part of the site plan agreement;

(x) That the owner provide, to the satisfaction of the City, details of the

manner in which vehicles will be delivered to the site. Vehicle off-loading shall not be permitted on any City or Regional Road. The owner further agrees not to oppose the implementation of any by-law which prohibits off-loading on the street if such a by-law is deemed to be required by the City;

(y) Tree preservation as appropriate; (z) Landscaping around stormwater management pond; (aa) That if this project is to be developed in more than one phase the owner

will be required to submit a plan showing the proposed phasing to the satisfaction of the City; and

(bb) That during the site preparation, construction and post-construction

period, the recommendations of the Environmental Impact Study, dated December 2005, by Niblett Environmental Associates, be implemented, including:

(i) A detailed construction timing and erosion and sediment control

plan developed and implemented prior to construction; (ii) Marking and installation of fencing (silt and/or snow fencing)

along the northern limit of the development envelope prior to any activities on-site to prevent encroachment during construction;

(iii) Exposed soils and fill areas revegetated as soon as possible after

final grading to prevent erosion; (iv) Edge treatment along the northern limit of development and

sealing of the forest edge with native tree species; (v) Planting of native tree species in landscaping; and (vi) Cutting of the woodland should occur outside of the peak breeding

bird season (May 1 – July 31). 5. That the Northwood Industrial Park Concept Plan be amended by adding a site

specific provision to permit automobile sales and service establishment on the subject site.


6. That in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting notice, public meeting report and the public meeting differs to some degree from that presented in the Report DS-06-358, dated September 25, 2006, such differences are not substantial enough to require further notice and another public meeting.

5. Direction on City Staff Involvement on an Appeal to the Ontario Municipal Board,

Committee of Adjustment Decision on Application A053/06, 93 McMillan Drive, Taylor Bailey (DS-06-361) (Ward 5)

Recommendation (CARRIED – See Page 580) That the Ontario Municipal Board be advised that City Council takes no position with

respect the decision of the Committee of Adjustment denying the application A053/2006 to permit a three unit apartment building with variances to the configuration of the parking area/spaces at 93 McMillan Drive and the City does not intend to lead evidence on the appeal. If the application is approved by the OMB, City Council requests that a condition be added to require the owner to obtain a building permit for a three unit apartment building within 6 months of the OMB decision and the decision would become null and void if the building permit is not obtained in that time period.

6. Application for a Variance to Sign By-law 72-96, Centre Street South, Durham District

School Board (DS-06-357) (Ward 2) Recommendation (CARRIED – See Page 580)

Whereas the Durham District School Board has applied for a variance to permit a ground sign at 120 Centre Street South for the Durham Continuing Education Centre which is in a CBD-B (Central Business District) Zone where the sign by-law does not permit a ground sign in a CBD Zone for non-residential uses; and, Whereas the sign is appropriate for the institutional use located at the intersection of two arterial roads and at the southwestern limit of the Central Business District; Therefore, the application for a variance to Sign By-law 72-96 submitted by the Durham District School Board (File SV-19/2006) to permit a ground sign at 120 Centre Street South, be approved.

- 600 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 7. Application to Remove Part Lot Control, Part of Lots 20 and 21, Registered Plan 6

(83, 85, 87 and 89 Elgin Street West), JD Holdings Limited and Hillstone Homes Limited (DS-06-362) (Ward 5) Recommendation (CARRIED – See Page 580)

Whereas an application has been made to permit the conveyance of four existing street townhouses at 83, 85, 87 and 89 Elgin Street West which are permitted by Zoning By-law 60-94; Therefore the application for removal of part lot control be approved for Part of Lots 20 and 21, Registered Plan 6 now municipally known as 83, 85, 87 and 89 Elgin Street West and the necessary by-law be passed.

8. Grading and sodding, Greystone Court (DS-06-365) (Ward 6) Recommendation (CARRIED – See Page 580) That the City provide funding of up to $5,000 for grading and sodding of lots in the Lisa

Homes subdivision that were not graded and sodded by a now bankrupt builder, and partner with Lisa Homes, who developed the subdivision, and Tarion warranty, to be funded from the Development Services Department’s 2006 Operating Budget.

9. Oshawa Waterfront Master Plan –Terms of Reference Outline (OWCC/DS-06-01) (Ward 1) Recommendation (AMENDED – See Page 618)

1. That the outline for undertaking Steps One, Two and Three of the Oshawa Waterfront Master Plan, contained within the Report OWCC/DS-06-01, dated September 25, 2006, be endorsed as the basis for engaging consultants and undertaking the associated work, with specific emphasis on activities that facilitate the earliest possible opening of the marina on Oshawa’s waterfront.

2. That the requirements of Article 6.06 of the Purchasing By-law 67-2004 be

waived and the Director of Purchasing Services be authorized to engage, on a sole-source basis, Macaulay Shiomi Howson to coordinate a team of sub-consultants to undertake Steps One, Two and Three of the Oshawa Waterfront Master Plan generally on the basis of the work program outlined in Report OWCC/DS-06-01, dated September 25, 2006, and subject to the negotiation of a contract to the satisfaction of the Commissioner, Development Services Department.


3. That an upset limit of $320,000 for Steps One, Two and Three of the Oshawa

Waterfront Master Plan be approved with funding from the reallocation of existing approved funding for the Harbour area as follows:

Project Name Project Number Amount

Marina Business Plan 0469 $ 60,000 Oshawa Harbour Initiatives 0469 150,000 Marina/West Wharf Urban Design Study 0621 40,000 Port Oshawa Marina General 0351 37,000 Oshawa Harbour Studies 0470 33,000 Total funds available: $320,000

4. That staff be authorized to schedule and advertise the public meetings necessary

to complete the Oshawa Waterfront Master Plan, as necessary and provide members of Council with a copy of the notice of such meetings.

10. Correspondence from Michael Clarke submitting his resignation from the Oshawa

Harbour Commission referred to the Oshawa Waterfront Co-ordinating Committee for comment on filling of the vacancy (OWCC/DS-06-03) (All Wards)

Recommendation (CARRIED – See Page 580) That Michael Clarke’s resignation from the Oshawa Harbour Commission be accepted

and that a letter of appreciation be sent to Mr. Clarke; and further, that the filling of the vacancy be referred to the Council Caucus.

Report of the Audit, Budget and Corporate Services Committee The Audit, Budget and Corporate Services Committee respectfully reports and recommends to City Council its Thirty-First Report 1. John Burns, Chair, Santa’s Parade of Lights – Request for an Annual Exemption from the

Business Licensing By law 100 2000, Schedule H and Waiving of Peddler Licence Fees (ABCS-06-247) (All Wards)

Recommendation (CARRIED – See Page 580)

1. That correspondence dated September 11, 2006, from John Burns, Chair, Santa’s Parade of Lights requesting that the City exempt the Committee and its participants from Business Licensing By-law 120-2005, to ‘annually’ waive any licensing fees associated with Peddlers participating in Santa’s Parade of Lights and to permit peddlers to operate under one Peddler Licence be received for information; and,


2. That staff be directed to waive licensing fees for all vendors participating in

Santa’s Parade of Lights subject to the following conditions:

(a) That the Greater Oshawa Chamber of Commerce provide Municipal Law Enforcement and Licensing Services with a list of vendors authorized to participate at Santa’s Parade of Lights, no later than one month prior to the yearly event; and

(b) That the vendors be required to obtain a Peddler Licence and be approved

subject to compliance with Schedule ‘H’ to By-law120-2005. 2. 911 Ontario Advisory Board – Request for Financial Assistance (ABCS-06-248)(All Wards)


That correspondence dated August 1, 2006 from the 911 Ontario Advisory Board requesting financial assistance, in the amount of a $100 donation from each municipal government, in order to continue as the technical and information authority respecting the implementation and operation of 911 Emergency Number systems in Ontario be received for information.

3. Request for Financial Assistance – Durham Youth Orchestra (ABCS-06-251 and

ABCS-06-255) (All Wards) Recommendation (CARRIED – See Page 580)

That even though the request for financial assistance from the Durham Youth Orchestra for $500 as outlined in Report ABCS-06-255 does meet all the criteria established within the Request for Financial Assistance Policy, the request be denied as the 2006 Financial Assistance budget has been fully expended.

4. Region of Durham – Austin Ferguson re. Flooding in Basement (ABCS-06-249) (Ward 7)


That the City of Oshawa execute an agreement regarding item number ABCS 06-249 to pay $6,000 ex-gratia to Mr. Austin Ferguson and to pay $12,500 to the Region of Durham for its share to extend the catchbasin, and that said agreement is to be in a form and content satisfactory to the Director, Legal Services, and that the Mayor and Clerk shall execute said agreement on behalf of the City.


5. Annual Statement of Reserve Funds - Development Charges Act (ABCS-06-226) (All Wards)


That Report ABCS-06-226, Annual Statement of Reserve Funds - Development Charges Act, be received for information prior to distribution to the Ministry of Municipal Affairs and Housing.

6. Insurance Status of Downtown Action Committee (ABCS-06-227) (All Wards)


That Report ABCS-06-227, Insurance Status of Downtown Action Committee, be received for information.

7. Accounts for the Month Ending June 30, 2006 (ABCS-06-200) (All Wards)


That Report ABCS-06-200, Accounts for the Month of June 2006 be received for information.

8. Accounts for the Month Ending July 31, 2006 (ABCS-06-228) (All Wards)


That Report ABCS-06-228, Accounts for the Month of July 2006 be received for information.

9. Accounts for the Month Ending August 31, 2006 (ABCS-06-229) (All Wards)


That Report ABCS-06-229, Accounts for the Month of August 2006 be received for information.


10. Summary of Contracts Awarded during the Period of July 1, 2006 to September 8, 2006 (ABCS-06-231-CM) (All Wards) Recommendation (CARRIED – See Page 580)

That Report ABCS-06-2310-CM dated September 8, 2006, from the City Manager regarding the award of contracts for the period July 1, 2006 to September 8, 2006, be received for information.

11. Annual Report of Outstanding Leases (ABCS-06-235) (All Wards)


That Report ABCS-06-235 dated September 15, 2006, concerning the annual report of

outstanding leases be received for information. 12. Cheque Signing Authority – Downtown Sports & Entertainment Facility (ABCS-06-235) (All Wards)


That the signing authority for the City of Oshawa’s DS&EF bank account be extended to include the General Manager and Manager of Finance of the DS&EF as set out in Report ABCS-06-239, Cheque Signing Authority – Downtown Sports and Entertainment Facility.

13. 2006 Municipal Elections – Reduced Hours of Voting at Designated Special

Voting Places (ABCS-06-233) (All Wards)

Recommendation (CARRIED – See Page 580) That the draft by-law appended as Attachment 1 to Report ABCS-06-233 providing for reduced hours of voting at special voting places for the 2006 Municipal Election in Oshawa be approved.

14. Capital Project and Major Initiative Weighting Criteria and Scoring (ABCS-06-234) (All Wards) Recommendation (CARRIED – See Page 580)

That the Capital Project and Major Initiative Weighting Criteria and Scoring as detailed in Report ABCS-06-234 be approved.

15. Request for Partnership Grant – Veterans Sub-Committee for the Memorial Wall Project

- 605 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 (ABCS-06-236) (All Wards)


That the as the Partnership Grant request from Veterans Sub-Committee for the Memorial Wall Project for $2,750.00 as outlined in Report ABCS-06-236 does meet all the criteria established within the Request for Financial Assistance Policy, the request be approved and that staff fund from the appropriate account.

16. Request for Partnership Grant – Canadian Red Cross, Region of Durham (2005-2006 Annual Report available for viewing in the Clerk’s Department) (ABCS-06-240) (All Wards)

Recommendation (CARRIED – See Page 580) That the Request for Partnership Grant from the Canadian Red Cross, Region of Durham, ABCS-06-240, be referred to the 2007 Budget and that staff continue to liaise with the group to acquire further financial information.

17. Benefits Carrier (ABCS-06-237) (All Wards)


1. That Manulife Financial be appointed as benefits insurer for the Corporation’s

group medical, dental, LTD, and Group Life Insurance, effective January 1, 2007. 2. That the Mayor and Clerk be authorized to executive an agreement with Manulife

Financial generally in accordance with the contents of Report ABCS-06-237, said agreement to be in a form and content satisfactory to the Director, Legal Services.

18. Ameera Hosein, Youth Advisor, Youth Action Alliance and Members of Wide Awake –

The New Generation – Request to address Committee regarding Producing a Mural in the Downtown Area to Promote the Message of a Smoke Free Ontario (ABCS-06-241)

(All Wards) Recommendation (CARRIED – See Page 580)

That Council endorse the request from Wide Awake – The Next Generation to promote ‘No Smoking’ among the youth and that staff work with the organization to set up a suitable location for the murals and that all high schools in Oshawa be encouraged to participate in the program.

- 606 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 19. Greg Milosh – Request to address Committee concerning the 2007 Financial Budget

(ABCS-06-246) (All Wards)

Recommendation (CARRIED – See Page 580) That correspondence dated September 20, 2006 from Greg Milosh requesting to address Committee concerning the 2007 Financial Budget be received for information and that Greg Milosh be thanked for his interest and suggestions to the City’s budget.

20. James Anderson, Oshawa Walk of Fame – Request for a One-Time Grant to the Oshawa

Walk of Fame (ABCS-06-254) (All Wards)

Recommendation (CARRIED – See Page 620) That City Council support the Oshawa Walk of Fame by providing a one-time grant of $5000 from an account to be determined by staff and that the four corners be designated as the location for the Walk of Fame.

21. Sherrill Willard, President, Oshawa/Whitby Newcomers Club – Invitation to new Residents of Oshawa to join their Group (ABCS-06-232) (All Wards)

Recommendation (CARRIED – See Page 580) That correspondence dated September 5, 2006 from Sherrill Willard, President, Oshawa/Whitby Newcomers Club concerning an invitation to new residents of Oshawa to join their group be received for information.

22. South Oshawa Youth Council (ABCS-06-256) (Ward 1)


That the $500 allocated for return of stolen bricks be reallocated to the South Oshawa

Youth Council to support their endeavours.

- 607 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Report of the Community Services Committee The Community Services Committee respectfully reports and recommends to City Council its First Report 1. Bill Longworth – Destruction of City Trees behind 165 Spirea Court (CS-06-04) (Ward 6) Recommendation (CARRIED – See Page 580) That correspondence dated July 7, 2006, from Bill Longworth concerning destruction of

City trees behind 165 Spirea Court be received for information and that City staff retain the services of a qualified Arborist to establish a valuation of trees damaged on City owned land adjacent to 165 Spirea Court.

2. Neil Paterson, Director – Global Country of World Peace – Proposal of a ‘Peace Palace’

for Oshawa (CS-06-05) (All Wards) Recommendation (CARRIED – See Page 580) That correspondence dated July 20, 2006, from Global Country of World Peace

concerning a proposal to construct a ‘Peace Palace’ in Oshawa be received for information.

3. Al Lane, Vice Chairman, Oshawa Ball Diamond Council – 2006 NSA Canadian

Slo-Pitch World Series (CS-06-09) (All Wards) Recommendation (CARRIED – See Page 580) That correspondence dated August 14, 2006, from Al Lane, Vice Chairman, Oshawa Ball

Diamond Council, thanking staff for their assistance in planning and implementing the 2006 NSA Canadian Slo-Pitch World Series be received for information.

4. Mary Zadorozniak, Avon Canada Inc. – Awareness to Breast Cancer Research (CS-06-10) (All Wards) Recommendation (CARRIED – See Page 580) That the City of Oshawa gratefully accept the 1,355 tulips donated by Avon Canada Inc.

as part of their campaign to bring awareness to Breast Cancer Research, and that the tulips be planted, with staff assistance, at the entrance to the Peony Garden at the Oshawa Valley Botanical Gardens on Monday, October 16, 2006.

- 608 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 5. CIBC Run for the Cure – Thank you Letter to City Staff for helping to make the Durham

Run Site the standard for other Host Cities (CS-06-28) (All Wards) Recommendation (CARRIED – See Page 580) That correspondence received September 19, 2006, from CIBC Run for the Cure

thanking staff for helping to make the Durham Run Site the standard for other host cities be received for information.

6. Community Services Committee Outstanding Items Status Reports (CS-06-11)(All Wards) Recommendation (CARRIED – See Page 580)

1. Whereas staff were directed to investigate the use of zebra-stripe style pavement markings in crosswalks and staff have completed their investigation and advised the Councillor that raised the issue that staff did not recommend the use of zebra crossing marking in the City of Oshawa, it is recommended that Item 3, Pavement Markings In Crosswalks, be removed from the Outstanding Items list.

2. Whereas staff have advised S.A.V.E. of the City's Council-approved parking rates

including the rate available for volunteers, it is recommended that Item 22, Society Against Violence Everyhere (S.A.V.E.) - Request for 10 free parking spaces, be removed from the Outstanding Items list.

3. Whereas based on the response from the affected residents through their petition,

staff will not be proposing the installation of a sidewalk on the south side of Hoskin Avenue in the 2007 Capital Budget submission, it is recommended that Item 24 - Petition Against the Construction of Sidewalk on the South Side of Hoskin Avenue, be removed from the Outstanding Items list.

4. That the remainder of the Community Services Committee Outstanding Items

Status Report and the Confidential Outstanding Items Status Report as of September 25, 2006, and be received for information.

- 609 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 7. Elm Tree Cultivar Replacement (CS-06-12) (All Wards) Recommendation (CARRIED – See Page 620)

1. That the elm tree cultivars located within the City owned road allowance be removed and replaced, at the City’s cost, with a suitable species from the approved street tree list;

2. That affected residents be given notice prior to removal and replacement; and, 3. That removal and replacement costs estimated at $66,000 be funded from the

reserve for Trees in New Subdivisions 8. Approved Grant Funding – Cenotaph/Monument Restoration Program (CS-06-13) (All Wards) Recommendation (CARRIED – See Page 580) That the Mayor and Clerk be authorized to execute the Contribution Agreement provided

by Veteran’s Affairs Canada for grant funding approved as part of the Cenotaph/Monument Restoration Program.

9. On-Street Parking Concerns on Sunnybrae Crescent (CS-06-19) (Ward 3) Recommendation (CARRIED – See Page 580)

1. That Traffic By-law 79-99, as amended, be further amended to prohibit parking at any time:

a) On the east/south side of Sunnybrae Crescent from a point approximately

37 metres north of the intersection of Cherrydown Drive and Sunnybrae Crescent/Muirfield Street to point a approximately 70 metres north/east of the intersection of Cherrydown Drive and Sunnybrae Crescent/Muirfield Street.

b) On the west/south side of Sunnybrae Crescent from a point approximately

64 metres north of the intersection of Cherrydown Drive and Sunnybrae Crescent/Birkdale Street to a point approximately 97 metres north/west of the intersection of Cherrydown Drive and Sunnybrae Crescent/Birkdale Street.

2. That a copy of Report CS-06-19 be sent to Mr. Borland, Oshawa.

- 610 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 10. Parking Regulations on Hospital Court (CS-06-20) (Ward 5) Recommendation (CARRIED – See Page 580)

1. That Traffic By-law 79-99, as amended, be further amended to:

a) Implement a ‘No Parking’ regulation on the north and east sides of Hospital Court from Simcoe Street North to a point 192 metres west of Simcoe Street North,

b) Implement a ‘No Stopping’ regulation on the east side of Hospital Court,

from a point 192 metres west of Simcoe Street North to the north limit of Hospital Court, and on the west side of Hospital Court, from a point 164 metres west of Simcoe Street North to the north limit of Hospital Court, and on the south side of Hospital Court, from Simcoe Street North to a point 87 metres west, and

c) Implement a ‘No Standing’ regulation on the south side of Hospital Court

from a point 87 metres west of Simcoe Street North to a point 164 metres west of Simcoe Street North; and

2. That a copy of Report CS-06-20, titled Parking Regulations on Hospital Court, be

sent to Lakeridge Health Oshawa. 11. Boom-Ad Agreement (CS-06-21) (Wards 2, 3 and 5) Recommendation (CARRIED – See Page 580)

1. That the proposed agreement, appended to Report CS-06-21, with Boom-Ad Advertising Systems Ltd. for the marketing, fabrication, installation, maintenance, and administration of advertising sleeves on the parking control gate arms in Municipal Parking facilities be approved; and,

2. That the Mayor and City Clerk be authorized to execute the agreement.

- 611 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 12. David MacKinnon – Request to address Committee concerning Removal of Stops Signs

on Wilson Road North (CS-06-02) (Ward 7)

Bill Bowers and Joe Andres – Request to address Committee concerning Removal of Stop Signs on Wilson Road North (CS-06-23) (Ward 7)

George Stewart – Request to address Committee concerning the Stop Signs at the Corner of Larry Avenue and Wilson Road North (CS-06-24) (Ward 7)

Greg Kent – Request to address Committee concerning the Removal of Stop Signs at Blackwood Boulevard and Wilson Road North (CS-06-25) (Ward 7)

Doug and Joan Ash – Stop Signs on Wilson Road North and Blackwood Boulevard (CS-06—06-03) (Ward 7) Recommendation (CARRIED – See Page 580)

1. That Council reconsider its decision of July 13, 2006, to remove the stop signs on Wilson Road North at the intersection of Blackwood Boulevard;

2. That the stop signs on Wilson Road North at the intersection of Larry Avenue and Blackwood Boulevard remain in place; that crosswalk lines be installed at the subject intersection; and that a letter of explanation be sent to the area residents advising them of Council’s decision.

13. Proposal to Relocate Autofest Show and Shine Event to Lakeview Park (CS-06-15) (Ward 1) Recommendation (CARRIED – See Page 580)

1. That Report CS-06-15, dated September 19, 2006, titled “Proposal to Relocate the Autofest Show and Shine Event to Lakeview Park” from the Commissioner, Community Services Department, be approved;

2. That the 2007 operating budget be increased by $16,800 to accommodate the

increase in services-in-kind provided to the Motor City Car Club for the relocation of the two-day Show and Shine Event to Lakeview Park;

3. That staff investigate the closure of Valley Drive from 1486 Valley Drive east to

Simcoe Street South; and, 4. That the City consider the request for funding as an event partner from funds

other than those set aside as Partnership Grant funds.

- 612 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 14. Cycling Route Standard (CS-06-18) (All Wards) Recommendation (CARRIED – See Page 620)

1. That staff proceed with the implementation of the first on-road cycling route on Hillcroft Street on a trial basis, and that the experience gained from this trial be referred to the Cycling Plan update; and,

2. That funding for an Intersection Pedestrian Signal at Simcoe Street North and

Hillcroft Street, estimated at a cost of $40,000 and currently identified for 2008 in the 2007 – 2010 Four-Year Forecast be referred to the 2007 Capital Budget.

15. Status Report on Boulevard Committee Review (CS-06-14) (All Wards) Recommendation (CARRIED – See Page 580)

1. That the Region of Durham be requested to:

• Review the standard size for bus stop hard surfacing to allow flexibility dependent on the level of use,

• Reinstate the Hard Surface Program in 2007 and considers a budget of $50,000 for the City of Oshawa,

• Provide permission to the City of Oshawa to enforce an amended Boulevard By-law 165-70 on Regional roads,

• Amend Regional maintenance Quality Standards to meet the same level of service as the City of Oshawa’s amended Boulevard Grading and Aesthetic Maintenance Quality Standard, and

• Undertake restoration of Arterial roads as noted in boulevard audits; 2. That the width for sidewalks be further reviewed by staff of the Community

Services Department for potential changes to the width of sidewalk in high traffic areas such as schools, and report back to the Community Services Committee in 2007;

3. That the Road Occupancy Permit By-law 25-99 be further reviewed by staff of

the Community Services Department for updates pertaining to shortened timelines for boulevard repairs, insurance requirements, sod warranty timelines, and cost recovery initiatives, and also include the location and maintenance of street furniture; and that a report be brought forward to the Community Services Committee early in 2007;


4. That additional funding in an amount of not less than $30,000 for vegetation

control in hard surface areas adjacent to the City owned property be referred to the Parks and Facilities 2007 Operational Budget;

5. That the revised Quality Standards, 2.25, 2.27, 2.33, and 2.35, appended as

Attachments 3, 4, 5 and 6, be approved; 6. That additional funding of $150,000 annually be set aside for the repair of

boulevards adjacent to arterial, collector and local roads and be referred to the Public Works Services 2007 Operational Budget; and that staff investigate increasing the fee structure for use of City boulevards and public lands by utilities and those providing street furniture;

7. That a copy of this report be forwarded to members of the Oshawa Municipal

Services Coordinating Committee for review and action as required; 8. That additional funding in the amount of $20,000 for enforcement of By-law

165-70 be referred to the Municipal Law Enforcement and Licensing Services 2007 Operating Budget; and,

9. That Boulevard By-law 165-70, as amended, be approved.

16. Implementation of Region Integrated Waste Management Program (CS-06-22) (All Wards) Recommendation (CARRIED – See Page 620)

1. That Council reconsider its decision of April 10, 2006, with respect to implementation of the integrated waste management program/the use of returnable containers; and,

2. That staff continue permanently to collect bagged residual garbage from

returnable garbage containers. 3. That Report CS-06-22 dated September 20, 2006, from the Commissioner of

Community Services regarding an update on the implementation of the Region’s Integrated Waste Management Program be received for information.

- 614 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 17. Request to change yield signs to stop signs (CS-06-32) (Ward 6 and 7) Recommendation (CARRIED – See Page 580)

That the yield signs at the following locations be replaced with stop signs: (a) At Lindsay Boulevard and Corbett’s Road; and, (b) At Heartland Boulevard and Park Ridge Drive.

Report of the Strategic Initiatives Committee The Strategic Initiatives Committee respectfully reports and recommends to City Council its Tenth Report 1. Naheed Dosani, President, SHARE and Evan Muller-Cheng, President, Student

Association, Durham College, UOIT and Trent University – Students for Humanitarianism through Respect and Education (SHARE), GuluWalk Event

(SIC-06-31) (All Wards)

Recommendation (CARRIED – See Page 580) That City Council endorse the GuluWalk and does not object to the use of the sidewalks from Memorial Park to Durham College/UOIT for the walk.

2. Christine Elliott, MPP Whitby-Ajax – Correspondence acknowledging receipt of motions

from Oshawa City Council concerning Free Trade Negotiations with South Korea (SIC-06-32) (All Wards)


That correspondence received August 10, 2006 from Christine Elliott, MPP, Whitby-Ajax acknowledging receipt of motions from Oshawa City Council concerning Free Trade Negotiations with South Korea, public library funding and Canada Post and rural mail boxes be received for information.

- 615 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 3. Strategic Initiatives Committee Outstanding Items Status Report (SIC-06-33) (All Wards)


1. That Item 1 – Corporate Advertising Strategy be referred to the Committee of the

Whole and removed from the Outstanding Items list; 2. That Item 2 – Possibilities and Opportunities of Oshawa ‘Twinning’ with another

City be received for information and removed from the Outstanding Items list; 3. That Item 3 – Additional Councillor for Ward 7 be received for information and

removed from the Outstanding Items list; 4. That the remainder of Outstanding Items Status Report be received for

information.

REPORTS OF THE COMMITTEE OF THE WHOLE

1. C. Brown, Director of Finance and Purchasing Services, submitting Report CM-06-68 concerning Cancellation, Reduction or Refund of Taxes - Batch 2006-357-5 (All Wards)


That the applications contained in Batch 2006-357-5 for cancellation, reduction, or refund of taxes attached to Report CM-06-68 be approved.

2. B. Duignan, City Manager, submitting Report CM-06-67 concerning a Corporate Advertising Policy (All Wards)

Recommendation (REFERRED – See Page 579)

1. That the final Corporate Advertising Policy set out in Attachment 2 to Report CM-06-67 be approved.

2. That the Corporate Advertising Policy be integrated into the Corporate

Communication Strategy.

- 616 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 CONSENT MOTIONS “That the City of Oshawa proclaim:

October 16 to 22, 2006 as ‘Waste Reduction Week’;

October 22 to 28, 2006 as ‘Block Parent Week’; October 23 to 29, 2006 as ‘Safe Crossing Week’; and November 16, 2006 as ‘Louis Riel Commemoration Day’ and the Métis Flag be flown at City Hall on that day.” (CARRIED – See Page 580)

BY-LAWS That By-laws 128-2006 to 142-2006 be approved. 128-2006 A By-law to amend Zoning By-law 60-94.

(Implements direction of October 2, 2006 through Item 5 of the Thirty-ninth Report of the Development Services Committee to remove the ‘h-41’ holding symbol from 1111 Glenbourne Drive for Draft Plan of Condominium C-O-2006002, 1001127 Ontario Inc., R. Hann). (Ward 6) (CARRIED – See Page 580)

129-2006 A By-law for special voting place hours.

(Implements direction of October 2, 2006 through Item 13 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee to provide for reduced hours of voting in institutions and retirement homes on voting day.) (CARRIED – See Page 580) (All Wards)

130-2006 A By-law to amend Traffic By-law 79-99.

(Implements direction of June 12, 2006 through Item 9 of the Twelfth Report of the Operational Services Committee to implement free parking for off-street and parkades after 6:00 p.m. effective November 1, 2006.) (Wards 2, 3 and 5) (CARRIED – See Page 580)

131-2006 A By-law to amend Traffic By-law 79-99. (Implements direction of July 13, 2006 through Item 11 of the Twenty-sixth Report of the Audit, Budget and Corporate Services Committee to implement accessibility design standards.) (All Wards) (CARRIED – See Page 580)



(Implements direction of October 2, 2006 through Item 17 of the First Report of the Community Services Committee to provide for modification of traffic control signing at Corbett’s Road and Lindsay Boulevard, and Heartland Boulevard and Park Ridge Drive.) (Wards 6 and 7) (CARRIED – See Page 580)


(Implements direction of October 2, 2006 through Item 12 of the First Report of the Community Services Committee to retain the all-way stop control at Wilson Road North and Larry Avenue/Blackwood Boulevard.) (Ward 7) (CARRIED – See Page 580)

134-2006 A By-law to amend Traffic By-law 79-99. (Implements direction of October 2, 2006 through Item 9 of the First Report of the Community Services Committee to provide for parking restrictions on Sunnybrae Crescent.) (Ward 3) (CARRIED – See Page 580)


(Implements direction of October 2, 2006 through Item 10 of the First Report of the Community Services Committee to provide for stopping, parking and standing restrictions on Hospital Court.) (Ward 5) (CARRIED – See Page 580)

136-2006 A By-law to be known as the ‘Boulevard By-law’. (Implements direction of October 2, 2006 through Item 15 of the First Report of the Community Services Committee to govern and regulate the maintenance, occupancy, use of, and other matters pertaining to boulevards.) (All Wards) (CARRIED – See Page 580)

137-2006 A By-law to designate a Community Improvement Project Area. (Implements direction of October 2, 2006 through Item 21 of the Thirty-ninth Report of the Development Services Committee to designate the Downtown Shoulder Area Renaissance Community Improvement Area as a Community Improvement Project Area under Section 28 (2) of the Planning Act, R.S.O.) (CARRIED – See Page 580) (Wards 2 and 5)

138-2006 A By-law to adopt a Community Improvement Plan. (Implements direction of October 2, 2006 through Item 21 of the Thirty-ninth Report of the Development Services Committee to adopt a Community Improvement Plan for the Downtown Shoulder Area Renaissance Community Improvement Area.) (Wards 2 and 5) (CARRIED – See Page 580)

- 618 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 139-2006 A By-law to amend Council Procedural By-law 126-75.

(Implements direction of September 11, 2006 through Report CM-06-62 to substitute the words ‘Operational Services Committee’ with the words ‘Community Services Committee’.) (All Wards) (CARRIED – See Page 580)

140-2006 A By-law to adopt Amendment 124 to the Oshawa Official Plan. (Implements direction of October 2, 2006 through Item 4 of the Forty-first Report of the Development Services Committee to permit an automobile sales and services establishment at 500 Taunton Road West, KIA Motors.) (Ward 7) (CARRIED – See Page 580)

141-2006 A By-law to amend Zoning By-law 60-94.

(Implements direction of October 2, 2006 through Item 4 of the Forty-first Report of the Development Services Committee to rezone the southern portion of 500 Taunton Road West from UR (Urban Reserve) to SI-A (Select Industrial), subject to special conditions, and to add a ‘h’ holding symbol, Kia Motors.) (CARRIED – See Page 580) (Ward 7)

142-2006 A By-law to remove Part Lot Control. (Implements direction of October 2, 2006 through Item 7 of the Forty-first Report of the Development Services Committee to permit the conveyance of four existing street townhouses at 83, 85, 87 and 89 Elgin Street West by removing part of Lots 20 and 21, Registered Plan 6, JD Holdings Limited and Hillstone Homes Limited.) (Ward 5) (CARRIED – See Page 580)

DISCUSSION AGENDA MATTERS EXCLUDED FROM PUBLIC CONSENT AGENDA Moved by Councillor Parkes, seconded by Councillor M. Nicholson, (650) “That Council adopt Item 9 of the Forty-first Report of the Development Services Committee.” CARRIED AS AMENDED BY THE FOLLOWING MOTION Moved by Councillor Kolodzie, seconded by Councillor M. Nicholson, (651) “That Item 9 of the Forty-first Report of the Development Services Committee be amended to add: ‘5. That the City of Oshawa strongly endorse the waterfront as a number one priority, along with a marina.’.” CARRIED

- 619 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Item 9 of the Forty-first Report of the Development Services Committee CARRIED AS AMENDED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal, B. Nicholson, M. Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent - None Moved by Councillor B. Nicholson, seconded by Councillor Cullen, (652) “That Council adopt Item 4 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal, B. Nicholson, M. Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent - None Moved by Councillor B. Nicholson, seconded by Councillor Cullen, (653) “That Council adopt Item 7 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee.” CARRIED Moved by Councillor B. Nicholson, seconded by Councillor Cullen, (654) “That Council adopt Item 15 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal, B. Nicholson, M. Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent - None

- 620 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 Moved by Councillor B. Nicholson, seconded by Councillor Cullen, (655) “That Council adopt Item 20 of the Thirty-first Report of the Audit, Budget and Corporate Services Committee.” CARRIED ON THE FOLLOWING VOTE AFFIRMATIVE – Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal, B. Nicholson, M. Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent - None Moved by Councillor Clarke, seconded by Councillor M. Nicholson, (656) “That Council adopt Item 7 of the First Report of the Community Services Committee.” CARRIED BY LATER VOTE Moved by Councillor Lutczyk, seconded by Councillor Clarke, “That Part 1 of Item 7 of the First Report of the Community Services Committee be amended to add ‘and to utilize non-shedding deciduous trees wherever possible.’.” LOST Item 7 of the First Report of the Community Services Committee CARRIED ON THE FOLLOWNG VOTE AFFIRMATIVE – Councillors Clarke, Cullen, Kolodzie, Lutczyk, Marimpietri, Neal, B. Nicholson, M. Nicholson, Parkes, Pidwerbecki and Mayor Gray NEGATIVE – None Absent - None Moved by Councillor Clarke, seconded by Councillor M. Nicholson, (657) “That Council adopt Item 14 of the First Report of the Community Services Committee.” CARRIED Moved by Councillor Clarke, seconded by Councillor M. Nicholson, (658) “That Council adopt Item 16 of the First Report of the Community Services Committee.” CARRIED

- 621 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 NOTICES OF MOTION None. Moved by Councillor B. Nicholson, seconded by Councillor M. Nicholson, (659) “That the meeting be closed to the public in order to discuss a confidential legal matter.” CARRIED The meeting recessed at 7:50 p.m. and reconvened at 8:05 p.m. in Boardroom 2B. All Council members were present except Councillor Cullen. Also present were S. Kranc, City Clerk, B. Duignan, City Manager, R. Stockman, Commissioner of Corporate Services, T. Hodgins, Commissioner of Development Services, and D. Potts, Director of Legal Services. Closed meeting discussions took place. Councillor Cullen re-entered the meeting. Closed meeting discussions continued. Moved by Councillor M. Nicholson, seconded by Councillor Kolodzie, (660) “That Council rise from the closed meeting.” CARRIED Moved by Councillor M. Nicholson, seconded by Councillor B. Nicholson, (661) “That Council reconsider its decision earlier in the meeting concerning recommendation 3 contained in Confidential Report CM-06-76 and the motion be withdrawn.” CARRIED ON A 2/3 VOTE OF MEMBERS PRESENT Moved by Councillor B. Nicholson, seconded by Councillor M. Nicholson, (662) “That recommendation 2 as amended as outlined in Confidential Report CM-06-76 be adopted.” CARRIED CONFIRMING BY-LAW

Moved by Councillor Kolodzie, seconded by Councillor M. Nicholson, (663) “That the Confirming By-law be approved.” CARRIED 143-2006 A By-law to confirm the City Council meeting of October 2, 2006.

- 622 – OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 ADJOURN Moved by Councillor M. Nicholson, seconded by Councillor Cullen, (664) “That the meeting adjourn.” CARRIED The meeting adjourned at 8:35 p.m.

APPENDIX A CITY COUNCIL MINUTES

OCTOBER 2, 2006 Page 495

For your information, the following correspondence received by the City Clerk was filed following City Council’s meeting of October 2, 2006: 1. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding their

Planning Commissioner’s report concerning The Durham Profile summarizing demographics and socio-economic data about Durham Region with comparative information on the broader geographic areas of the Greater Toronto Area and Ontario, and advising a more comprehensive update will be completed following the anticipated release of 2006 Census data in the Fall, 2008. (All Wards) (CARRIED – See Page 580)

2. Municipality of Clarington, Patti Barrie, Municipal Clerk, forwarding Clarington Council’s endorsement of Oshawa Council’s resolution requesting the federal government cancel negotiations for a free trade agreement with Korea and require offshore markets to purchase substantial volumes of finished vehicles and auto parts from North America. (All Wards) (CARRIED – See Page 580)

3. City of Vaughan, J.D. Leach, City Clerk, forwarding Vaughan Council’s support and commitment to the government of Ontario promoting ‘Green Buildings’ to ensure construction of environmentally and economically sustainable work places in their City that reflect cost-effective and cost-efficient choices. (All Wards) (CARRIED – See Page 580)

4. Regional Municipality of Durham, P.M. Madill, Regional Clerk, forwarding Regional Council’s Building Permit Activity report for Durham Region and the Greater Toronto Area for the period January to June 2006. (All Wards) (CARRIED – See Page 580)

5. Municipality of Clarington, Anne Greentree, Deputy Clerk, forwarding Clarington Council’s resolution concerning proposed Amendment 114 to the Durham Region Official Plan requesting the Region not include Clarington in any changes to the Greenbelt; and, refrain from designating Further Growth Areas until the impacts of the Provincial Growth Plan can be assessed following completion of the Growth Plan implementation exercise. (All Wards) (CARRIED – See Page 580)

6. Town of Ajax, Gary Muller, Manager of Planning, forwarding Ajax Council’s resolution,

concerning proposed Amendment 114 to the Durham Region Official Plan requesting the Region not include Ajax in any changes to the Greenbelt; and, refrain from designating Further Growth Areas until the impact of the Provincial Growth Plan has been assessed; and, defer any decision regarding the designated freeway link and associated interchanges in west Whitby pending the completion of the 407 East Environmental Assessment. (CARRIED – See Page 580) (All Wards)

- 496 - OSHAWA CITY COUNCIL MINUTES – OCTOBER 2, 2006 7. Municipality of Clarington, Anne Greentree, Deputy Clerk, forwarding Clarington

Council’s resolution agreeing to provide financial support to the Association of Municipalities of Ontario for the purpose of responding to issues arising out of the changes to the Ontario Municipal Employees Retirement System. (All Wards) (CARRIED – See Page 580)

8. Regional Municipality of Durham, P.M. Madill, Regional Clerk, advising Oshawa

Council’s correspondence concerning residential property tax relief was received for information by Regional Council. (All Wards) (CARRIED – See Page 580)

9. Regional Municipality of Durham, P.M. Madill, Regional Clerk, advising Oshawa

Council’s correspondence concerning their objection to the Greater Oshawa Chamber of Commerce’s development proposal for the area of Lakeview Park and Oshawa Harbour was received for information by Regional Council. (Ward 1) (CARRIED – See Page 580)

10. Teachers of English as a Second Language Association of Ontario, Sharon Rajabi,

President, thanking Oshawa Council for their support in proclaiming the week of November 12 to 18, 2006 as ‘English as a Second Language Week’. (All Wards) (CARRIED – See Page 580)

11. Culture Capitals of Canada, Cynthia White Thornley, Director General, Arts Policy

Branch, forwarding their first annual newsletter providing information concerning their arts and culture program, and the activities of the communities designated ‘Culture Capitals of Canada’. (All Wards) (CARRIED – See Page 580)

12. Ontario Municipal Board (OMB), Marie Hubbard, Chair, advising the OMB will open a

Citizen Liaison Office on October 2, 2006 to assist the public to participate effectively in the OMB’s processes. (All Wards) (CARRIED – See Page 580)

Documents

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