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2005-02-28 City Council

Event date: Monday, February 28, 2005, at 6:30 PM

Agenda - Minutes

City Council Agenda
February 28, 2005 at 6:30 PM - Council Chambers

The Lord’s Prayer

Thirty Seconds Of Silent Prayer

National Anthem

1. Adoption of Minutes

Minutes of the meetings of Council held on:

a) February 7, 2005

b) February 21, 2005

2. Disclosure Of Pecuniary Interest

3. Delegations – Items on the Agenda

a) Planning Committee Report

None at this time.

b) Committee of the Whole Report

None at this time.

c) Flood Review Committee Report

None at this time

d) Other Items on this Agenda

None at this time.

4. Reports And Communications

a) Planning Committee Report No. 2

Flood Review Committee meeting of February 14, 2005

b) Committee of the Whole Report No. 4

Committee of the Whole meeting of February 21, 2005

c) Committee of the Whole Report No. 5

Committee of the Whole meeting of February 28, 2005

d) Flood Review Committee Report No. 3

Flood Review Committee meeting of February 22, 2005

5. Notices Of Motion

Moved by Councillor Hall, seconded by Councillor Guiel

Whereas the Peterborough Lakefield Police Service is a partnership between the City of Peterborough and the Township of Smith-Ennismore-Lakefield and;

Whereas it is expected that each community pay its fair share of appropriate costs to provide policing and;

Whereas it is the current practice that the City of Peterborough pay the honorarium and expenses for the Board Member that represents the Township;

Let it be resolved; that the City of Peterborough stop paying for the Township's Board Member on the Police Services Board and;

Further be resolved that the Township pay for all costs related to their Township's representation on the Police Services Board.

6. By-Laws

05–021 Being A By-Law To Authorize The Transfer Of 1461 Bensfort Road, In The Township Of Otonabee-South Monaghan, In The County Of Peterborough, To Ernie Adams And Lisa Adams

05-022 Being A By-Law To Establish Certain Lands In The City Of Peterborough As Part Of The Public Highway Named Sherbrooke Street

05-023 Being A By-Law To Appoint Parking Enforcement Officers At 111 Hunter Street West (Scotia Bank), 1 Hospital Drive And 384 Rogers Street (Peterborough Regional Health Centre)

05-024 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And The Corporation Of The Township Of Smith-Ennismore Lakefield (Automatic Aid Agreement)

05-025 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (751 George Street North)

05-026 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (136 Maria Street)

05-027 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (155 Hunter Street East)

05-028 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (205 Lisburn Street)

05-029 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (285 George Street North)

05-030 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (379 George Street North)

05-031 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (464 George Street North)

05-032 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (478 Downie Street)

05-033 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (664 George Street North)

7. Other Business

8. By-Law To Approve Actions Of Council

05-034 Confirming by-law of the proceedings of the Council at its meeting held on February 28, 2005

9. Adjournment


City Council Minutes
February 25, 2005 at 6:30 PM - Council Chambers

Roll Call:

Mayor Sutherland
Councillor Clarke
Councillor Doris
Councillor Eggleton
Councillor Guiel
Councillor Hall
Councillor Herring
Councillor Juby
Councillor Vass

Absent

Councillor Cahill
Councillor Rexe

Minutes – February 7 and 21, 2005

Moved by Councillor Clarke, seconded by Councillor Juby

That the Minutes of the meetings of Council held on February 7 and 21, 2005 be confirmed.

“CARRIED”

Disclosure of Pecuniary Interest

There were no disclosures of pecuniary interest.

Delegations

Planning Committee

Mr. Ian Attridge made delegation on the Planning Committee Report #2, Item 4 (Trent University-City of Peterborough – Memorandum of Understanding)

Mr. Donald Leary made delegation on the Planning Committee Report #2, Item 4 (Trent University-City of Peterborough – Memorandum of Understanding)

Committee of the Whole

There were no delegations.

Flood Review Committee Report

There were no delegations.


Other Items on this Agenda

Patti Peeters made a delegation on the Notice of Motion.

Committee Reports

Report Number 2 of the Planning Committee

Moved by Councillor Doris, seconded by Councillor Clarke

That Report Number 1 of the Planning Committee Meeting of February 14, 2005, be approved.

“CARRIED”

Report Number 4 of the Committee of the Whole

Moved by Councillor Juby, seconded by Councillor Guiel

That Report Number 4 of the Committee of the Whole Meeting of February 21, 2005, be approved.

“CARRIED”

Report Number 3 of the Flood Review Committee

Moved by Councillor Doris, seconded by Councillor Clarke

That Report Number 3 of the Flood Review Committee Meeting of February 22, 2005, be approved.

“CARRIED”

Notices of Motion

Moved by Councillor Hall, seconded by Councillor Guiel

Whereas the Peterborough Lakefield Police Service is a partnership between the City of Peterborough and the Township of Smith-Ennismore-Lakefield and;

Whereas it is expected that each community pay its fair share of appropriate costs to provide policing and;

Whereas it is the current practice that the City of Peterborough pay the honorarium and expenses for the Board Member that represents the Township;

Let it be resolved; that the City of Peterborough stop paying for the Township's Board Member on the Police Services Board and;

Further be resolved that the City request that the Township pay for all costs related to their Township's representation on the Police Services Board.


Moved by Councillor Doris, seconded by Councillor Clarke

That the question be put.

“CARRIED”

Upon the original motion of Councillors Hall and Guiel, this motion lost.

By-Laws

By-Law 05-021 was withdrawn from the agenda.

Moved by Councillor Eggleton, seconded by Councillor Guiel

That the following by-laws be read a first and second time:

05-022 Being A By-Law To Establish Certain Lands In The City Of Peterborough As Part Of The Public Highway Named Sherbrooke Street

05-023 Being A By-Law To Appoint Parking Enforcement Officers At 111 Hunter Street West (Scotia Bank), 1 Hospital Drive And 384 Rogers Street (Peterborough Regional Health Centre)

05-024 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And The Corporation Of The Township Of Smith-Ennismore Lakefield (Automatic Aid Agreement)

05-025 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (751 George Street North)

05-026 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (136 Maria Street)

05-027 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (155 Hunter Street East)

05-028 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (205 Lisburn Street)

05-029 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (285 George Street North)

05-030 Being A By-Law To DesignateCertain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (379 George Street North)

05-031 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (464 George Street North)

05-032 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (478 Downie Street)

05-033 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (664 George Street North)

“CARRIED”

Moved by Councillor Eggleton, seconded by Councillor Vass

That the following by-laws be read a third time:

05-022 Being A By-Law To Establish Certain Lands In The City Of Peterborough As Part Of The Public Highway Named Sherbrooke Street

05-023 Being A By-Law To Appoint Parking Enforcement Officers At 111 Hunter Street West (Scotia Bank), 1 Hospital Drive And 384 Rogers Street (Peterborough Regional Health Centre)

05-024 Being A By-Law To Authorize The Execution Of An Agreement Between The Corporation Of The City Of Peterborough And The Corporation Of The Township Of Smith-Ennismore Lakefield (Automatic Aid Agreement)

05-025 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (751 George Street North)

05-026 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (136 Maria Street)

05-027 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (155 Hunter Street East)

05-028 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (205 Lisburn Street)

05-029 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (285 George Street North)

05-030 Being A By-Law To DesignateCertain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (379 George Street North)

05-031 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (464 George Street North)

05-032 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (478 Downie Street)

05-033 Being A By-Law To Designate Certain Properties In The City Of Peterborough Under The Ontario Heritage Act, R.S.O. 1990, c.0.18 (664 George Street North)

“CARRIED”

Other Business

Councillor Doris reminded the public that the Public Flood Review Meetings continue this week in various wards. On April 5, 2005, a report will come forward from UMA.

Councillor Eggleton encouraged residents to fill out the form regarding flooding in their home to facilitate the UMA review. These forms are available at various City facilities.

Councillor Eggleton indicated that the parking issue on a recently rezoned property had not been resolved. Mr. Hunt advised that the by-law for the rezoning would not be passed until the parking issue was dealt with appropriately.

Moved by Councillor Vass, seconded by Councillor Doris

That the City initiate an Environmental Assessment to look at the road linkages in the area of the hospital road network.

“CARRIED”

Councillor Juby reminded all veterans of the community event on June 5, 2005 at the Memorial Centre.

Councillor Herring congratulated the YMCA on a successful run on Sunday.

Councillor Hall asked about the inquiry in respect to the Professional Lacrosse Hall of Fame. Mr. Doherty indicated that he has had some difficulty contacting the organizations and that he is continuing his efforts in this matter.

Mayor Sutherland indicated that the flag of Wales will be flying outside City Hall tomorrow and wished all a Happy St. David’s Day.

Confirmatory By-Law

Moved by Councillor Hall, seconded by Councillor Doris

That the following by-law be read a first, second and third time:

05-034 Being A By-Law to Confirm The Proceedings Of The Council At Its Meeting Held On February 28, 2005

and the said by-law, having been now read a third time and passed, the Mayor and Clerk be authorized to sign and seal the same.

“CARRIED”

Adjournment

Moved by Councillor Guiel

That this meeting of City Council adjourn at 8:27 p.m.

“CARRIED”

Nancy Wright-Laking

City Clerk

Sylvia Sutherland

Mayor


 

PLANNING COMMITTEE REPORT NO. 2

FEBRUARY 14, 2005

TO THE COUNCIL OF THE CITY OF PETERBOROUGH, FOR CONSIDERATION AT ITS MEETING HELD FEBRUARY 28, 2005

THE PLANNING COMMITTEE, AS A RESULT OF ITS MEETING HELD ON MONDAY, FEBRUARY 14, 2005, RECOMMENDS AS FOLLOWS:

1. Report PLPD05-014

494 Wolfe Street - Joe Mitchell

That Council approve report PLPD05-014, dated February 14, 2005, of the Planner, Land Use, recommending:

a) That the application for Zoning By-Law Amendment as submitted by Joe Mitchell, for the property at 494 Wolfe Street from R.1,R.2 – Residential District to R.1,R.2 – 217 – Residential District to recognize the existing three unit dwelling use, be approved.

b) That By-Law exception number “217” will serve to address the following:

i) permit a three unit dwelling as a use of the property;

ii) reduce the minimum width of site parking spaces from 2.7 metres to 2.4 metres; and

iii) increase the maximum lot coverage by parking area and driveways to 45%.

c) That prior to the passage of the implementing By-Law the property owner be required to complete the following:

i) Ensure that the third dwelling unit meet applicable OntarioBuilding Code requirements to the satisfaction of the Manager of the Building Services Division;

ii) Pay the required $6,046.00 development charge associated with the third dwelling unit;

iii) Pay to the City the required cash-in-lieu of the provision of parkland, based upon the increased value of land (property use as a three unit dwelling); and

iv) Install new privacy board fencing along the north (rear) lot line of the property, and repair, where necessary the existing privacy wood board fencing along the east (side) lot line of the property to the satisfaction of the Planner, Urban Design.

2. GIS Development Program Presentation

Mike MacLean, Administrator, Geomatics/Mapping, provided Committee members with a demonstration of the City of Peterborough GIS Development Program.


3. Report PLPD05-010

Rental Fee - Sidewalk Cafes

That Council approve report PLDP05-010, dated February 14, 2005, of the Planner, Urban Design, recommending:

That the procedures, requirements and guidelines relating to the use of public property anywhere in the City of Peterborough for sidewalk cafes, attached hereto as Schedule “A” – Application Procedures, be amended, deleting the requirement for an annual rental fee.

4. Report PLPD05-015

Trent University – City of Peterborough

Memorandum of Understanding

That Council approve Report PLPD05-015 dated February 14, 2005, of the Director of Planning and Development Services, recommending:

a) That Council endorse the essential components of the Memorandum of Understanding between the City and Trent University as outlined in the February 3, 2005 correspondence attached as Exhibit 1 to Report PLPD05-015;

b) That a by-law be passed to authorize the Mayor and Clerk to execute the Memorandum of Understanding (MOU) on behalf of the City conditional upon a resolution of the generation issue prior to final approval;

c) That the MOU acknowledge that the intent of the revenue sharing condition adopted by Council on November 1, 2004, is satisfied with the execution of the MOU.

5. Report PLPD05-017

City Initiated Official Plan Amendment

Community Improvement Plan

That Council approve Report PLPD05-017 dated February 14, 2005, of the Planner, Subdivision Control and Special Projects, recommending:

That Planning Report PLPD05-017 be received for information purposes.

6. St. Johns School

Councillor Clarke requested a report from Malcolm Hunt on the future use(s) available for St. Johns School.

7. Flood Emergency Affordable Housing Project

Councillor Eggleton asked Malcolm Hunt about the status of the Flood Emergency Affordable Housing Project. Mr. Hunt advised that PCHDC had worked closely with the developer; however, the developer was still required to secure financing for a portion of the applicable capital costs. The developer was unable to secure this financing. PCHDC then approached Peterborough Housing Corporation to ask them to evaluate the project. PHC endorsed the projected and indicated their intention to proceed with project. Mr. Hunt informed members that a development plan will come forward in the near future; however, the project concept has changed. The developer will build within four to six months of unveiling the revised project plan.

All of which is respectfully submitted.

Councillor J. Doris

Chairman

February 14, 2005


 

COMMITTEE OF THE WHOLE REPORT NO. 4

MEETING OF FEBRUARY 21, 2005

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD FEBRUARY 21, 2005

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON MONDAY, FEBRUARY 21, 2005, RECOMMENDS AS FOLLOWS:

1. Appointment to Community Funding Committee

That Council approve the report dated February 21, 2005, of the City Clerk, recommending:

That Shayne Rudolph be appointed to the Community Funding Committee for the remainder of the three (3) year term to November 30, 2006.

2. Appointment to GPAEDC

That Council approve the report dated February 21, 2005, of the City Clerk, recommending:

That Erica Cherney be re-appointed to the GPAEDC Board for a three (3) year term to January, 2008.

3. PRHC Update – Presentation
Paul Darby, President and CEO, PRHC and Tom Holden, Vice-President, Planning and Hospitality Services, PRHC

Tom Holden provided a presentation to update Council on the new Peterborough Regional Health Centre.

4. Presentation on Property Tax Issues
Report FAFS05-003
Municipal Tax Equity (MTE) Consultants Inc.

That Council approve the report FAFS05-003 of the Director of Finance and Administrative Services dated February 21, 2005 recommending:

That the presentations of Carla Y. Nell, Vice-President, Tax Policy of Municipal Tax Equity (MTE) Consultants Inc. entitled “2005 Property Tax Reform Briefing Package - and “Assessment Base Management Practice” be received.

5. Report CSCH05-002
Market Hall Performing Arts Centre Liquor License Support

That Council approve the report CSCH05-002 of the Heritage Preservation Officer, dated February 21, 2005 recommending:

That Council pass a resolution supporting the Market Hall Performing Arts Inc. application for an endorsement of its liquor license allowing for the sale and service of liquor in the fixed tier seating in the hall.

6. Report PLPD05-018
Sale of Property at 1461 Bensfort Road

That Council approve the report PLPD05-018 of the Property Asset Manager, dated February 21, 2005 recommending:

That a By-Law be presented for passage to authorize the sale of a residential property described as Part Lot 17, Concession 13, designated as Part of Part 1 on Plan 45R-3461, Township of Otonabee-South Monaghan, County of Peterborough, save and except Part 2 on Registered Plan 45R-12736, known municipally as 1461 Bensfort Road to Ernie and Lisa Adams, for a purchase price of $184,000.00.

7. Report SS05-006
Children’s Services Provincial Audit – Information Report

That Council approve the report SS05-006 of the Director of Children’s Services dated February 21, 2005 recommending:

This provincial review has determined that the City of Peterborough’s Social Services Department, Children’s Services Division staff are providing an excellent service to consumers and is in compliance with the required regulations for the Fee Subsidy Program.

8. Report SS05-003
2004-2006 Ontario Works Service Plan

That Council approve report number SS05-003 regarding the 2004-2006 Ontario Works Service Plan dated February 21, 2005 of the Director of Social Services.

9. Report CSF05-001
Automatic Aid Agreement with the Municipality of Smith-Ennismore-Lakefield

That Council approve the report CSF05-001 of the Deputy Fire Chief, dated February 21, 2005 recommending:

That Council authorize the Peterborough Fire Department to enter into an Automatic Aid Agreement with the Municipality of Smith-Ennismore-Lakefield

10. Report SS05-002
Ontario Works Directive Changes

That Council approve report SS05-002 Ontario Works Directive Changes dated February 21, 2005, of the Director of Social Services.


11. Report FAFS05-004
Supply of Banking Services

That Council approve the report FAFS05-004 of the Director of Finance and Administrative Services dated February 21, 2005 recommending:

That staff proceed to negotiate with the Royal Bank of Canada for the supply of Banking Services for the period June 1, 2005 to May 31, 2010.

12. Report FAFS05-005
Provision of Competitive Property Assessment Services

That Council approve the report FAFS05-005 of the Director of Finance and Administrative Services dated February 21, 2005 recommending:

That the Mayor write a letter to the Provincial Government on behalf of the Council of the City of Peterborough requesting that the government consider legislative changes regarding property assessment in Ontario that would allow more options to Municipalities for the provision of assessment services including the possible privatization of the assessment function.

13. Report FAFS05-007
Ontario Disaster Relief Program Update

That Council approve the report FAFS05-007 of the Director of Finance and Administrative Services dated February 21, 2005 recommending:

a) That Report FAFS05-007 of the Director of Finance and Administrative Services providing an update on the City’s Ontario Disaster Relief Program Public Infrastructure and Private Claims be received for information.

b) That a $550,000 portion of the $700,000 unspent balance in the Public Works 2004 Repaving Capital Project be held in reserve to offset any public works flood related-costs incurred that may not be eligible for ODRAP funding.

14. Report FAFS05-006
Community Reinvestment Fund (CRF) – Provincial Update

That Council approve the report FAFS05-006 of the Director of Finance and Administrative Services dated February 21, 2005 recommending:

a) That Council send a letter to Finance Minister Greg Sorbara and Municipal Affairs and Housing Minister John Gerretsen urging them to uphold the commitment made by the previous government to reconcile the Community Reinvestment Fund on a yearly basis to ensure the CRF increases proportionately to the rising costs of services which were downloaded to the Municipality as part of the Local Services Realignment initiative.

b) And that a copy of Report FAFS05-006 be sent the Association Of Municipalities (AMO) so that they can relate Peterborough’s experience to the Province as part of the ongoing discussions being held by the CRF review.

c) That the Mayor and Clerk be directed to demand the province, by way of the Ministry of Finance, the Ministry of Municipal Affairs, the Management Board and Jeff Leal, MPP, to pay the City $5,443,313 as their share of the unreconciled CRF amount and that $2,187,007 be applied to the 2005 operating budget with the balance being added to the capital reserve for 2005.

15. Report FAFS05-008
2005 Budget Update

That Report FAFS05-008 dated February 21, 2005 of the Director of Finance and Administrative Services, providing an update on the 2005 budget, be received.

16. CORRES05-004

Letter from Rick Stankiewicz, Show Chair, KAPEX 2005, Kawartha Stamp Club

Request for Council Resolution for use of the City Crest

That correspondence CORRES05-004 from Rick Stankiewicz, Kawartha Stamp Club, dated February 18, 2005, be received and permission be granted for use of the City Crest on a 2005 cancel postage stamp in recognition of the Centennial Celebration.

15. Refund of CRF Requirement from Province of Ontario

That the City of Peterborough request that the Province of Ontario submit our requested CRF requirement to a third party test and if found valid that the Province of Ontario refund the City fully.

17. Status of Community Reinvestment Fund

That Council invite MPP Jeff Leal to the next Committee of the Whole to answer questions and give status of Community Reinvestment Fund.

18. Canadian Canoe Museum Tipping Fees

That the request from the Canadian Canoe Museum for relief of tipping fees for the roofing project be referred to the Waste Management Committee for consideration.

All of which is respectfully submitted,

Councillor B. Juby

Chairman

February 21, 2005


 

FLOOD REVIEW COMMITTEE REPORT NO. 3

MEETING OF FEBRUARY 22, 2005

TO THE COUNCIL OF THE CITY OF PETERBOROUGH FOR CONSIDERATION AT ITS MEETING HELD FEBRUARY 28, 2005.

THE COMMITTEE OF THE WHOLE, AS A RESULT OF ITS MEETING HELD ON TUESDAY, FEBRUARY 22, 2005, RECOMMENDS AS FOLLOWS:

1. Project Update on Review and Analysis

Brian Worsley, P.Eng.

UMA Engineering Limited

That the Project Update on Review and Analysis, dated February 22, 2005, as provided by UMA Engineering, be received.

All of which is respectfully submitted.

Councillor Doris

Acting Chairman

February 22, 2005