City Council Meeting December 14, 2020 Council Chamber Public Session – 9:30 a.m. Closed Session – Following Public Session Agenda
Notice to Correspondents
In accordance Council’s Procedure By-law 111-2017, as amended, during the COVID-19 Pandemic Emergency and in order to maintain the Provincial guidelines regarding limiting the size of public gatherings, the Mayor or Deputy Mayor (or designate), the City Clerk, the Deputy City Clerk (or designate), City Clerk Services support staff and Information Technology Services staff will be permitted in the Council Chamber. All other Members of Council and City staff will participate electronically from their offices or an alternate private location to maintain required physical distance in accordance with Provincial orders.
In-person attendance by the public will not be permitted. The Municipal Act, 2001 requires that, subject to the provisions in Section 239, all meetings be open in order for members of the public to observe the meetings. In order to comply with these provisions, members of the public may still view open meeting web streams online live and following the meeting as archived on the City’s website.
Members of the public may request to address Council as a delegation through remote electronic access regarding an item printed on the Agenda and received by City Clerk Services a minimum of two business days prior to the meeting. Members of the public unable to meet the timeline, may submit written correspondence regarding an item on the agenda up to 2 hours prior to the meeting for Council’s consideration. The Clerk will e-mail the correspondence to all members of Council. The personal information contained in your correspondence to Oshawa City Council or its committees is collected under the Municipal Act, 2001. Any personal information you choose to disclose in your correspondence will be used to receive your views on the relevant issue(s) to enable the City to make its decision on the matter. This information will become part of the public record.
The City of Oshawa is committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have accessibility needs and require alternate formats or other accommodations please contact City Clerk Services by telephone 905-436-3311 or by e-mail at [email protected] or in person.
Council Composition The Council of the City of Oshawa is comprised of eleven members – one Mayor, five Regional Councillors (one per Ward) and five City Councillors (one per Ward)
Members of Council The Members of the Council of the City of Oshawa are:
Mayor Dan Carter Regional Councillor Tito-Dante Marimpietri Regional Councillor Bob Chapman (Ward 3) (Ward 2) City Councillor Derek Giberson (Ward 4) City Councillor Bradley Marks (Ward 3) City Councillor John Gray (Ward 5) City Councillor Rosemary McConkey (Ward 1) City Councillor Jane Hurst (Ward 2) Regional Councillor John Neal (Ward 1) Regional Councillor Rick Kerr (Ward 4) Regional Councillor Brian Nicholson (Ward 5)
City Council Meetings City Council meetings are held on the following Mondays in 2020, the public session commencing at 9:30 a.m.: June 22, September 28, October 26, November 23 and December 14.
There are four Standing Committees of Council: Development Services Committee, Corporate Services Committee, Community Services Committee and Finance Committee. A calendar of all Standing Committee dates is available on the City of Oshawa website at www.oshawa.ca.
For inquiries about this agenda please contact City Clerk Services at 905-436-3311 or by email at [email protected]
Agendas and Minutes can be found at: http://calendar.oshawa.ca/Meetings
City Council Agenda December 14, 2020 Page 1
Public Meeting (9:30 a.m.)
Recognition of Indigenous Lands
The City of Oshawa is situated on treaty land that is steeped in rich indigenous history and is the present day home to many First Nations, Metis and Inuit people. Today, we acknowledge that we are gathering on the traditional territories of the Mississaugas of Scugog Island First Nation.
Council Member Announcements
(As may be presented by Council Members)
Additional Agenda Items
(As may be presented at the meeting)
Declarations of Pecuniary Interest
(As may be presented by Council Members)
Presentations
Regional Chair John Henry to provide the 2020 Annual Update to Oshawa City Council.
Delegations
Susan Ellis, Friends of Second Marsh Board of Directors, requesting to address City Council concerning Correspondence CNCL-20-196 from the Friends of Second Marsh requesting a letter of support for the ‘Let’s De-phrag the Marsh!’ Project.
Mary Finer requesting to address City Council concerning Item DS-20-147 from various residents submitting correspondence regarding the proposed large fill site at 3440 Wilson Road North.
City Council Agenda December 14, 2020 Page 2
Matters Requiring Direction Items Requiring Action
CNCL-20-196 Friends of Second Marsh – Requesting a Letter of Support for the ‘Let’s De-phrag the Marsh!’ Project
(See Pages 1 to 7)
CNCL-20-197 City of Oshawa Integrity Commissioner – Report on Complaint Gobin v. Nicholson, 2020 ONMIC 13
(See Pages 8 to 29)
Items Pulled from Information Package
CNCL-20-198 Correspondence from Ryan Turnbull, MP Whitby concerning Airport Noise at the Oshawa Executive Airport (INFO-20-218)
(See Page 30)
[Placed on the agenda at the request of Councillor McConkey in order to be received for information.]
Public Consent Agenda
That all items listed under the heading of Public Consent Agenda for the City Council meeting dated December 14, 2020 be adopted as recommended.
Correspondence
None
Adoption of Council Minutes
That the minutes of the City Council meetings held on November 23, 2020, November 26, 2020, and November 27, 2020 be adopted. City Council Agenda December 14, 2020 Page 3
Standing Committee Reports
Report of the Community Services Committee
The Community Services Committee respectfully reports and recommends to City Council its Twenty Fourth Report.
CS-20-71 Comments on the Proposed Regulation and Regulatory Amendments to make Producers Responsible for Operating Blue Box Programs as Posted on the Environmental Registry (ERO number 019-2579)
(See Pages 1 to 20)
Recommendation
Whereas, The City of Oshawa provides municipal waste collection services, which includes the collection of garbage, green bin and yard waste for our residents and parts of the Downtown; and,
Whereas, the Region of Durham is responsible for providing blue box collection; and,
Whereas, on October 19, 2020 the Ministry of Environment, Conservation, and Parks (M.E.C.P.) posted on the Environmental Registry of Ontario a draft regulation under the Resource Productivity and Circular Economy Act, 2016 (R.R.C.E.A.) for a 45 day comment period; and,
Whereas, the proposed regulatory changes would transition the responsibility of the blue box recycling program from municipalities to the producers who are responsible for the waste generated from their products and packaging; and,
Whereas, producers would then be directly responsible for collecting, managing and financing of the blue box program; and,
Whereas, the intent of the proposed regulation is to expand blue box services to more communities across Ontario; the scope of materials collected by adding single-use packaging such as wraps, trays and bags; and collection to include locations not currently collected such as multi-residential buildings, schools, retirement homes, and some public spaces not currently collected by the Region; and, City Council Agenda December 14, 2020 Page 4
Whereas, these changes reflect that it is the producers who are in the best position to reduce waste generated from their products, while increasing resource recovery and ensuring a consistent and standardized blue box province wide; and,
Whereas, under the regulatory framework the Region has been identified to transition responsibility to full producer responsibility in 2024; and,
Whereas, in response to the Environmental Registry posting, the Region of Durham has submitted comments as outlined in Report #2020-COW-30 (Attachment 1) dated November 12, 2020 to the Ministry of Environment, Conservation and Parks; and,
Whereas, to meet the 45 day comment period deadline of December 3, 2020 City staff have submitted the attached comments (Attachment 2) to the Ministry of Environment, Conservation and Parks pending Council endorsement;
Therefore be it resolved,
1. That the attached comments to CS-20-71 on the proposed regulatory changes be endorsed; and,
2. That a copy of the comments be sent to the Association Municipalities of Ontario (A.M.O.), the Region of Durham and all Municipalities in the Durham Region.
CS-20-72 Community Services Committee Outstanding Items Status Report – Fourth Quarter 2020
(See Pages 21 to 31)
Recommendation
That Report CS-20-72, dated December 1, 2020 being the Community Services Committee’s Outstanding Items Status Report for the fourth quarter of 2020 be received for information City Council Agenda December 14, 2020 Page 5
Report of the Corporate Services Committee
The Corporate Services Committee respectfully reports and recommends to City Council its Twenty Fourth Report.
CORP-20-45 Oshawa PUC Services Inc. Submitting Correspondence Concerning Public Wi-Fi at Lakeview Park (INFO-20-217)
(See Pages 1 to 2)
Recommendation
1. That Correspondence CORP-20-45 from Oshawa PUC Services Inc. submitting correspondence concerning public Wi-Fi at Lakeview Park be received for information; and,
2. That the Commissioner, Corporate Services Department, follow up directly with the Oshawa PUC Services Inc. on this matter.
CORP-20-43 Meeting Management Software Implementation
(See Pages 3 to 16)
Recommendation
That in accordance with Report CORP-20-43 concerning Meeting Management Software Implementation, the following options be endorsed:
1. That Option 2 – Integrated Approach as set out in Section 5.4.1 of the report be endorsed as the preferred Council technology option for ‘Participant Displays’; and,
2. That Option 1 – Classic ‘A’ View as set out in Section 5.4.2 of the report be endorsed as the preferred Council Chamber technology option for Vote Manager Public Displays; and,
3. That Item CORP-19-06, ‘Electronic Voting in the Council Chamber’ be lifted from the table and removed from the Corporate Services Committee Outstanding Items List. City Council Agenda December 14, 2020 Page 6
CORP-20-41 Increase to Tiered and Escalating Penalty Amounts for Accessible Parking Infractions
Recommendation
Whereas at its June 24, 2019 meeting, City Council approved Report CORP-19-60 which outlined proposed tiered and escalating administrative penalties for accessible parking infractions as follows: Tier 1 $300; Tier 2 $320; and, Tier 3 $340; and,
Whereas at its June 22, 2020 meeting, City Council passed By-law 63-2020 to establish tiered and escalating Administrative Monetary Penalties (A.M.P.) for parking infractions including accessible parking infractions as outlined in CORP-19-60; and,
Whereas at its November 9, 2020 meeting, the Corporate Services Committee (“Committee”) considered Report CORP-20-39 “Accessible Parking Enforcement” which provided information on the effectiveness of the City’s accessible parking enforcement activities in response to Committee’s February 3, 2020 direction relating to the enforcement of accessible parking regulations; and,
Whereas Committee expressed a desire to further enhance the enforcement of the illegal use of accessible parking spaces by repeat offenders; and,
Whereas pursuant to Ontario Regulation 333/07, A.M.P.s established by a municipality shall not be punitive in nature and shall not exceed the amount reasonably required to promote compliance with a designated by-law; and,
Whereas a municipal comparison of penalty amounts conducted in CORP-20-39 found that the penalties for accessible parking infractions ranged between $300 to $400; and,
Whereas it is proposed that the tiered and escalating penalty for accessible parking infractions be established at $50 increments per tier (detailed in Table 1) to be aligned with Durham Lakeshore municipalities and other municipalities in the Greater Toronto Area;
Table 1 Proposed Tiered and Escalating Penalties for Accessible Parking Infractions
Infraction Tier 1 Tier 2 Tier 3
Stopped/Parked in Accessible $300 $350 $400 Persons parking Space City Council Agenda December 14, 2020 Page 7
Therefore be it resolved that Traffic and Parking By-law 79-99, as amended, be further amended to establish the following tiered and escalating Administrative Penalties for the offence Stopped/Parked in Accessible Persons Parking Space: Tier 1: $300, Tier 2: $350, Tier 3: $400.
CORP-20-42 Corporate Services Committee Outstanding Items Status Report – Fourth Quarter 2020
(See Pages 17 to 24)
Recommendation
That in accordance with Report CORP-20-42, being the Corporate Services Committee’s Outstanding Items Status Report for the Fourth Quarter 2020:
1. Whereas at its February 18, 2020 meeting, Council adopted the recommendation of the Corporate Services Committee (“Committee”) which directed staff to investigate the effectiveness of current accessible parking regulations and enforcement and report back on potential amendments to both; and,
Whereas in addition to the enforcement of accessible parking regulations, Committee identified additional accessible parking issues including:
• Signage; • Pavement markings; • Curbs around spaces; • On-street availability; • Location of parking spaces; • Legislative requirements for parking spaces; and, • Design and layout of parking spaces; and,
Whereas at its November 23, 2020 meeting, City Council considered Report CORP-20-39 ‘Accessible Parking Enforcement’ which provided information on the effectiveness of the City’s accessible parking enforcement activities in response to the February 18, 2020 direction relating to the enforcement of accessible parking regulations; and,
Whereas the aforementioned additional accessible parking issues are within the purview of the Community Services Committee; City Council Agenda December 14, 2020 Page 8
Therefore be it resolved that the additional accessible parking issues regarding parking regulations be removed from the Corporate Services Committee’s Outstanding Items Status Report and transferred to the Community Services Committee for a report back to the Community Services Committee; and,
2. That the remainder of the Corporate Services Committee’s Outstanding Items Status Report – Fourth Quarter 2020 be received for information.
CORP-20-46 Off Duty Police Officers to Supplement Security Patrols in the Downtown
Recommendation
That staff investigate the possibility of hiring off duty police officers to supplement security patrols in the downtown.
Report of the Development Services Committee
The Development Services Committee respectfully reports and recommends to City Council its Forty-Eighth Report.
DS-20-147 Various residents submitting correspondence concerning the proposed large fill site at 3440 Wilson Road North (INFO-20-215)
(See Pages 1 to 12)
Recommendation
That Correspondence DS-20-147 from various residents submitting correspondence concerning the proposed large fill site at 3440 Wilson Road North be received for information.
DS-20-138 Application for Approval of a Common Elements Draft Plan of Condominium, northwest corner of Shankel Road and Townline Road North, Treasure Hill
(See Pages 13 to 27)
Recommendation
That, pursuant to Report DS-20-138 dated November 25, 2020, the application submitted by Treasure Hill for approval of a common elements draft plan of condominium (File: C-O-2020-03) featuring a private road, visitor parking, landscaped open space, water meter building and a community mail box tied to the proposed City Council Agenda December 14, 2020 Page 9
development of 81 block townhouses on lands located at the northwest corner of Shankel Road and Townline Road North be approved, and that the Commissioner, Development Services Department or Director, Planning Services be authorized to impose City conditions in the draft plan of condominium approval Planning Act decision.
DS-20-139 Recommendation to Endorse the South Field Heritage District Study prepared in Support of Council’s Decision to Advance a Heritage Conservation District at the South Field of the Oshawa Executive Airport
(See Pages 28 to 110)
Recommendation
Whereas on November 29, 2019 Council approved the South Field Master Plan pursuant to Report DS-19-213 dated November 13, 2019, which, among other matters, endorsed the designation of a portion of the South Field at the Oshawa Executive Airport as a Heritage Conservation District, and directed staff to advance the designation process through the preparation of a Heritage District Study; and,
Whereas the area of the South Field recommended for designation encompasses Airmen’s Park, the No. 10 Building owned by the 420 Wing, the former Canteen and the former Stores Buildings; and,
Whereas on November 9, 2020, the Development Services Committee received Report DS-20-129 dated November 4, 2020, entitled “Draft Heritage District Study in Support of the Designation of a Heritage Conservation District at the South Field of the Oshawa Executive Airport”, which included the draft South Field Heritage District Study (the “draft Study”) affixed to said Report; and,
Whereas on November 9, 2020, the Development Services Committee referred Report DS-20-129 dated November 4, 2020, including the draft Study, back to Development Services staff to consult with Heritage Oshawa consistent with the Ontario Heritage Act, and obtain their input on the draft Study, before reporting back to the Development Services Committee with a final South Field Heritage District Study; and,
Whereas on November 19, 2020, at a Special Meeting of the Heritage Oshawa Committee, staff presented the draft Study to Heritage Oshawa for their review and comment; and, City Council Agenda December 14, 2020 Page 10
Whereas Heritage Oshawa provided comments on the draft Study at the Special Meeting of Heritage Oshawa held on November 19, 2020 (see Attachment 1 of said Report); and,
Whereas Heritage Oshawa’s comments have been incorporated, where appropriate, into the final South Field Heritage District Study (see Attachment 2 of said Report);
Therefore be it resolved:
1. That, pursuant to Report DS-20-139, Attachment 2 be endorsed as the final South Field Heritage District Study in support of the designation of a Heritage Conservation District at the South Field of the Oshawa Executive Airport; and,
2. That Development Services staff be authorized to prepare a draft Heritage District Plan for that portion of the South Field at the Oshawa Executive Airport endorsed by Council for designation as a Heritage Conservation District; and,
3. That Development Services staff report back to the Development Services Committee with the draft Heritage District Plan once it is prepared pursuant to Part 2 above.
DS-20-141 Development Services Committee Outstanding Items Status Report – Fourth Quarter 2020
(See Pages 111 to 127)
Recommendation
That Report DS-20-141 dated November 25, 2020 being the Development Services Committee’s Outstanding Items Status Report for the fourth quarter of 2020 be received for information.
DS-20-144 Revised application to Amend Zoning By-law 60-94, 1841393 Ontario Inc. and Walter Lam, 64 Albany Street and 426 Front Street
(See Pages 128 to 141)
Recommendation
1. That, pursuant to Report DS-20-144 dated November 25, 2020, the revised application submitted by 1841393 Ontario Inc. and Walter Lam to amend Zoning By-law 60-94 (File Z-2020-01) to rezone 64 Albany Street and 426 Front Street from R2 (Residential) and R5-B/CIN City Council Agenda December 14, 2020 Page 11
(Residential/Community Institutional) to an appropriate R6-D (Residential) Zone to permit the proposed 11-storey, 100-unit apartment building as well as a long term care facility, nursing home and retirement home be approved in accordance with the comments contained in the above noted Report and the necessary by-law be passed; and,
2. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the Zoning By-law amendment proposed in the public meeting report and at the public meeting differs from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting.
DS-20-145 Application for Approval of a Common Elements Draft Plan of Condominium, 211 and 221 Thomas Street, Wiltshire Homes Canada Inc.
(See Pages 142 to 156)
Recommendation
That, pursuant to Report DS-20-145 dated November 25, 2020, the application submitted by Wiltshire Homes Canada Inc. for approval of a common elements draft plan of condominium (File: C-O- 2020-01) featuring a private road, visitor parking, landscaping, community mailbox and a water meter/refuse building tied to the proposed development of 6 single detached dwellings on lands located at 211 and 221 Thomas Street be approved, and that the Commissioner of Development Services or Director of Planning Services be authorized to impose City conditions into the draft plan of condominium approval Planning Act decision.
DS-20-146 Foreign Trade Zone Designation for the City of Oshawa Including Lands operated by the Hamilton-Oshawa Port Authority
Recommendation
Whereas, a Foreign Trade Zone (F.T.Z.) generally refers to a specific location within a country that is officially designated for eligibility for tariff and tax exemptions; and,
Whereas, the exemptions relate to the purchase or importation of raw materials, components or finished goods, where such materials and goods can generally be stored, processed or assembled in the F.T.Z. for re-export or for entry into the domestic market; and, City Council Agenda December 14, 2020 Page 12
Whereas, the City of Hamilton, including the lands operated as by Hamilton-Oshawa Port Authority (H.O.P.A.) in Hamilton have been designated by Federal government, with the assistance of FedDev Ontario as a F.T.Z.; and,
Whereas on November 20, 2020 the Mayor’s Task Force on Economy Recovery asked the City to consider establishing the City of Oshawa and the lands operated by H.O.P.A. in Oshawa as a F.T.Z. to help advance economic recovery in the Region;
Therefore, Development Services staff be directed to investigate the necessary steps to establish the City of Oshawa including the lands in Oshawa operated by Hamilton-Oshawa Port Authority as a Foreign Trade Zone and report back to the Development Services Committee.
DS-20-137 Proposed City-initiated Amendments to the Oshawa Official Plan, Zoning By-law 60-94 and the Brownfields Renaissance Community Improvement Plan
(See Pages 296 to 339)
Recommendation
1. That, pursuant to Report DS-20-137 dated November 25, 2020, the proposed City-initiated amendments to Zoning By-law 60-94, as generally set out under Items 2 to 7, inclusive, of Attachment 1 to said Report, be approved and that the appropriate amending by-laws be passed in a form and content acceptable to the City Solicitor and Commissioner of Development Services.
2. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that certain City-initiated Amendments proposed in the public meeting report and at the public meeting differs from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting.
3. That, pursuant to Report DS-20-137 dated November 25, 2020, the proposed City initiated amendment to the Brownfields Renaissance Community Improvement Plan, as generally set out under Item 8 of Attachment 1 to said Report, be approved and that the appropriate amending by-law be passed in a form and content acceptable to the City Solicitor and Commissioner, Development Services Department. City Council Agenda December 14, 2020 Page 13
Report of the Development Services Committee
The Development Services Committee respectfully reports and recommends to City Council its Fiftieth Report.
DS-20-149 Durham Region's Municipal Comprehensive Review: City Comments on Employment Conversion Requests
(See Pages 1 to 44)
Recommendation
1. That Report DS-20-149 dated December 4, 2020, be endorsed as the City’s comments on the four (4) private landowner requests to convert employment lands within Oshawa to non-employment purposes that have been submitted to the Region of Durham as part of Envision Durham, the Municipal Comprehensive Review of the Durham Regional Official Plan and as outlined in Section 5.3 of said Report; and,
2. That, pursuant to Report DS-20-149 dated December 4, 2020, Planning Services staff be authorized to submit to the Region of Durham for consideration as part of the Envision Durham Municipal Comprehensive Review the City’s request to convert three (3) areas of employment lands in Oshawa to permit non-employment uses, as outlined in Section 5.4 of said Report; and,
3. That staff be authorized to forward a copy of Report DS-20- 149 dated December 4, 2020 and the related Council resolution to the Region of Durham and Durham area municipalities; and,
4. That Site 4 and lands south of Site 4 be endorsed for consideration of requested conversion.
DS-20-150 Application to Amend the Oshawa Official Plan (Kedron Part II Plan), and Revised Applications to Zoning By-law 60-94 and for Approval of a Draft Plan of Subdivision, for a portion of the lands municipally known as 2466 and 2651 Harmony Road North, Minto (Harmony Road) LP
(See Pages 45 to 83)
Recommendation City Council Agenda December 14, 2020 Page 14
1. That, pursuant to Report DS-20-150 dated December 4, 2020, the application submitted by Minto (Harmony Road) LP to amend the Oshawa Official Plan (Kedron Part II Plan) (File: OPA-2020-01) to permit single detached dwellings in a Medium Density I Residential designation to implement a revised draft plan of subdivision (File: S-O-2017-07) for a portion of the lands municipally known as 2466 and 2651 Harmony Road North, be approved generally in accordance with the comments contained in said Report and that the necessary by-law be passed in a form and content acceptable to the Commissioner, Development Services Department and Legal Services; and,
2. That, pursuant to Report DS-20-150 dated December 4, 2020, the revised application submitted by Minto (Harmony Road) LP to amend Zoning By-law 60-94 (File: Z-2017-12) to implement a portion of a revised draft plan of subdivision (File: S-O-2017-07) for a portion of the lands municipally known 2466 and 2651 Harmony Road North, be approved generally in accordance with the comments contained in said Report and that the necessary by-law be passed in a form and content acceptable to the Commissioner, Development Services Department and Legal Services; and,
3. That, pursuant to Report DS-20-150 dated December 4, 2020, the revised application submitted by Minto (Harmony Road) LP to implement a portion of a revised draft plan of subdivision (File: S-O-2017-07) featuring 89 lots for single detached dwellings, thirty-four Medium Density I Residential blocks to accommodate 197 street townhouses, three Medium Density II Residential blocks to accommodate 161 back-to-back, block and/or stacked townhouse units, a High Density I Residential block to accommodate 28 apartment units, three (3) mixed-use blocks to accommodate 480 apartment, back-to-back townhouse, block townhouse and/or stacked townhouse units and 3,250 square metres (35,000 sq. ft.) of office uses, community uses, personal service uses, and retail uses, six (6) open space blocks, a stormwater management pond block, a future development block, two (2) landscape strip blocks, seven (7) 0.3 metre (1.0 ft.) reserve blocks, two (2) road widening blocks, a new arterial road, a new collector road and new local roads be approved, subject to the conditions as generally set out in Attachment 7 of said Report; and, City Council Agenda December 14, 2020 Page 15
4. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the Zoning By-law Amendment proposed in Report DS-18-12 dated February 1, 2018 presented at the public meeting of February 5, 2018 differs to some degree from the proposed amendment recommended to be approved by City Council, pursuant to Part 2 of this recommendation, such differences are not substantial enough to require further notice and another public meeting; and,
5. That in accordance with the request from Minto as expressed in DS-20-153, the portion of the subject lands west of Street B and north of Pipeline/Open Space Block 134, with the exception of Open Space Block 137, Lots 20 to 27 and Lot 58 be removed from the draft plan approval in its entirety, at this time, and that the appropriate reciprocal amendments to Items 2 and 3 above be made to give effect to Item 5.
DS-20-151 Proposed Agreement with the Region of Durham for Farm 911 Municipal Addressing
(See Pages 84 to 92)
Recommendation
Whereas, the City’s Building Numbering By-law 74-2002 provides for the numbering of buildings and vacant lots in the City of Oshawa and requires ever owner of occupant of any building or vacant lot in the City of Oshawa that fronts on any Highway or is accessed by a road not maintained by the City shall have affixed or inscribed on the front of such building, or on a reflective sign, whichever is required by the By-law, the official number assigned to that building or vacant lot; and,
Whereas, in 2014 a seven year old child named Emily in Alnwick/Haldimand Township passed away as a result of being critically injured in a farmer’s field with the emergency response teams being unable to find the location of the incident; and,
Whereas, as a result of this tragedy the Farm 911: The Emily Project was launched to improve emergency response services in Durham Region communities through the provision of civic address signage to rural property owners for secondary entrances and vacant properties in rural areas of Durham Region; and, City Council Agenda December 14, 2020 Page 16
Whereas, in 2019 Durham Region representatives consulted with each area municipality to discuss the Farm 911 Project and the proposal to increase civic address signage in rural areas of Durham Region; and,
Whereas, on February 26, 2020, Regional Council approved a $300,000 funding program for the implementation of the Farm 911 Project, and,
Whereas, on August 17, 2020, the Region forwarded correspondence requesting the City’s support in advancing this project and forwarded a draft Regional funding agreement, and,
Whereas, the funding allocation being provided to the City of Oshawa in 2020 is $13,800 and will be used for approximately 230 civic address signs on vacant properties and for secondary entrances of agricultural and rural lands within the City of Oshawa; and,
Whereas, in order for the City to accept the funding allocation of $13,800 from the Region in support of the Farm 911 Project the City must enter into a funding agreement with the Region of Durham; and,
Whereas, it is appropriate for the City of Oshawa to support the Farm 911 Project;
Therefore, be it resolved:
1. That the Commissioner, Development Services Department be authorized to enter into a funding agreement with the Region of Durham for the Farm 911 Project in a form and content satisfactory to the City Solicitor, the Commissioner, Finance Services and the Commissioner, Development Services Department; and,
2. That an appropriate amendment to the Building Numbering By-law 74-2002 be passed in order to implement the Farm 911 Project and that such Bylaw amendment be in a form and content acceptable to the Commissioner, Development Services Department, the City Solicitor and the Director, Building Services. City Council Agenda December 14, 2020 Page 17
Report of the Finance Committee
The Finance Committee respectfully reports and recommends to City Council its Thirty-Third Report.
FIN-20-82 Corporate Payments for the Month of September 2020 (INFO-20-212)
(See Pages 1 to 36)
Recommendation
That Correspondence FIN-20-82 concerning the Corporate Payments for the month of September 2020 be received for information.
FIN-20-83 Envision Integrated Building Technologies Inc. Requesting Support for the ‘Durham Outlooks St. Vincent’s Kitchen’ Project
(See Pages 37 to 43)
Recommendation
That Correspondence FIN-20-83 from Envision Integrated Building Technologies Inc. concerning a request for support for the ‘Durham Outlooks St. Vincent’s Kitchen’ Project, be received for information.
FIN-20-75 Development Charges By-law 60-2019 Amendment
Whereas the City finalized the most recent update to the Development Charge Background Study in 2019 to support Development Charges (D.C.) By-law 60-2019 which was effective as of July 1, 2019; and,
Whereas through Report FIN-19-34 dated May 2, 2019 concerning the Review and Update of the City of Oshawa Development Charge Background Study and By-law, notice was given that the City intends to revisit the Local Service Policy for Transportation and Fire Services during a D.C. review in 2020; and,
Whereas effective January 1, 2020, Bill 108, More Homes, More Choice Act, 2019, Bill 138, Plan to Build Ontario Together Act and Regulation 454/19 resulted in a number of changes to the Development Charges Act (D.C.A.); and, City Council Agenda December 14, 2020 Page 18
Whereas these changes included the deferral of development charge (D.C.) payments to allow installments for a number of development types, freezing of D.C. rates under certain conditions, and provides additional statutory exemptions for second residential dwelling units under certain conditions; and,
Whereas on September 18, 2020, the Province of Ontario proclaimed the remaining amendments made to the D.C.A. and the Planning Act by Bill 108, More Homes, More Choice Act, and, Bill 197, COVID-19 Economic Recovery Act; and,
Whereas changes to regulations were made under the Planning Act, Development Charges Act and Building Code Act in order to finalize the framework for development charges, community benefits and parkland; and,
Whereas Bill 197 eliminates the 10% statutory reduction for soft services (i.e. Parks, Recreation and Trails Library, Administrative Studies, and Waste Diversion), allows lower-tier municipalities to impose a Community Benefit Charge (C.B.C.) By-law for services that are not D.C. eligible (i.e. parking, animal control) or D.C. eligible services where costs are not included in the D.C. by-law, and maintain the ability of municipalities to impose the alternative parkland rate through a by-law to acquire land for parks or cash in- lieu; and,
Whereas municipalities have two years to transition to the new regime for D.C.’s and C.B.C.’s; and,
Whereas staff have consulted with Watson and Associates Economists Ltd. who have recommended the following approach:
1. Amend the City’s 2019 Development Charge Background Study and By-law to remove the 10% statutory deduction in Q1-2021; and,
2. Amend the City’s 2019 Development Charge Background Study and By-law to remove services no longer eligible to be funded under the Development Charges Act, and reflect the changes to the imposition, collection and statutory exemptions of the D.C. under certain conditions; and,
3. Undertake a Community Benefit Charge and Parkland Dedication review in 2021; and, City Council Agenda December 14, 2020 Page 19
4. Undertake a review of the Transportation local service policy, Fire Services, and the Growth Related Operations Facility Needs Assessment and capital cost estimates, and update the 2019 Development Charge Background Study in 2021; and,
Therefore, be it resolved:
1. That the amendment to the City’s 2019 Development Charge Background Study to remove the 10% statutory deduction and reflect amendments to the Development Charges Act described above be prepared and be made available to the public 60 days prior to Council adoption; and,
2. That the Finance Committee hold a statutory public meeting prior to Council adoption of the amended D.C. background study, as required under the Development Charges Act.
FIN-20-76 2021 Borrowing By-law
(See Pages 44 to 48)
That the Borrowing By-law as outlined in Attachment 1 to Report FIN-20-76, 2021 Borrowing By-law, dated December 2, 2020 be approved.
FIN-20-77 2021 Interim Tax Billing By-law
(See Pages 49 to 53)
Recommendation
That the 2021 Interim Tax Billing By-law as outlined in Attachment 1 to Report FIN-20-77 concerning the 2021 Interim Tax Billing By-law, dated December 2, 2020 be approved.
FIN-20-78 Investing in Canada Infrastructure Program COVID-19 Resilience Infrastructure Stream Funding
(See Pages 54 to 60)
Recommendation
1. That pursuant to Report FIN-20-78, dated December 2, 2020, the following projects be approved for submission to the Ministry of Infrastructure for consideration of funding from the Investing in Canada Infrastructure Program COVID-19 Resilience Infrastructure Stream: City Council Agenda December 14, 2020 Page 20
a. Downtown Streetscape Redevelopment Program;
b. Streetscape Furniture Replacement in the Downtown; and,
2. That the Commissioner, Finance Services be authorized to submit and attest to the accuracy of the costs claimed under the Investing in Canada Infrastructure Program - COVID-19 Resilience Infrastructure Stream on behalf of the Corporation of the City of Oshawa.
FIN-20-79 C2020 - 105 Harmony Creek Trail Extension Design Services
(See Pages 61 to 66)
Recommendation
That in accordance with Report FIN-20-79 dated December 2, 2020, that the Supervisor, Purchasing and Support Services be authorized to award a contract to CIMA Canada in the amount of $147,986 (exclusive of H.S.T.), for the Harmony Creek Trail Extension Design Services, being the highest ranked proposal received.
FIN-20-80 Alexandra Park Infrastructure Improvements
Recommendation
Whereas the total Council approved budget for Project 19720040 Alexandra Park Infrastructure Improvements is $1,177,637 (approved in 2014, 2015 and 2019 from projects 19-72-0040, 1559 Parks Pathway Infrastructure, 19-52-0008 ATMP Reconstruction and a recovery from the Region of Durham) to address the substandard condition of existing north-south pathway, pathway drainage, pathway lighting and the reconstruction of existing parking lot and driveway access from Midland Avenue; and,
Whereas the total expenditures plus outstanding P.O. commitments/maintenance holdback total $1,278,624; and,
Whereas this results in a budget shortfall of $100,987 in project 19720040; and,
Whereas additional roadwork was completed on Midland Avenue due to the condition of the roadway as there were unforeseen site conditions including soft soils and a buried footing; and, City Council Agenda December 14, 2020 Page 21
Whereas a deeper than anticipated excavation was required to reach suitable soil and resulted in the discovery of the buried footing; and,
Whereas the buried footing was not shown on any record drawings; and,
Whereas additional sodding was required to finish and tie in the landscaping work; and,
Whereas Finance Services has confirmed that the additional cost of $100,987 resulting from the additional unforeseen requirements can be funded from the Infrastructure Reserve;
Therefore, be it resolved that an additional $100,987 from the Infrastructure Reserve be approved to cover the additional costs.
FIN-20-81 Finance Committee Outstanding Items Status Report – Fourth Quarter 2020
(See Pages 69 to 71)
Recommendation
That Report FIN-20-81 dated December 2, 2020 being the Finance Committee’s Outstanding Items Status Report for the fourth quarter of 2020 be received for information.
Staff Reports/Motions
None Public Discussion Agenda Matters Excluded from Consent Agenda Recess Closed Consent Agenda
That all items listed under the heading of Closed Consent Agenda for the City Council meeting dated December 14, 2020 be adopted as recommended.
Closed Correspondence
None. City Council Agenda December 14, 2020 Page 22
Closed Standing Committee Reports
Report of the Community Services Committee
None.
Report of the Corporate Services Committee
None.
Report of the Development Services Committee
The Development Services Committee respectfully reports and recommends to City Council its Forty-Ninth Report.
DS-20-140 Direction on City Staff Involvement Respecting Appeals to the Local Planning Appeal Tribunal of a Committee of Adjustment Application and an Application for Amendment to a Site Plan Agreement Concerning 1455, 1515 and 1517 Thornton Road North
Closed Pursuant to Section 239 (2)(e) of the Municipal Act
(See Pages C157 to C295)
Recommendation
That, pursuant to Report DS-20-140 dated November 25, 2020, staff be authorized to advance the Council position as recommended in Section 5.8 of said Report at the Local Planning Appeal Tribunal hearings concerning the appeals submitted by Evergreen Environmental Inc. and the Ummah Foundation of Durham with respect to the Committee of Adjustment application (File: A-2020-56) and the appeal submitted by Evergreen Environmental Inc. with respect to the application to amend the Site Plan Agreement (File: SPA-2020-19) for the lands at 1455, 1515 and 1517 Thornton Road North.
Report of the Finance Committee
None. City Council Agenda December 14, 2020 Page 23
Closed Staff Reports/Motions
CNCL-20-199 Assessment Appeal Settlement
Closed Pursuant to Section 239 (2)(b), (e) and (f) of the Municipal Act
(See Page 1C to 7C)
Recommendation
1. That Council approve the settlement proposal as outlined in Report CNCL-20-199 dated December 9, 2020; and,
2. That the Commissioner, Finance Services be authorized to execute documents to give effect to the settlement in a form acceptable to the City Solicitor. Closed Discussion Agenda Matters Excluded from Consent Agenda
None.
Items Requiring Action
Visha Sukdeo, Executive Director, Human Resource Services to Provide an Update concerning negotiations for C.U.P.E. Local 3760 (Crossing Guards) and C.U.P.E. Local 250 (Outside Workers).
(Closed Pursuant to Section 239 (2)(d) of the Municipal Act)
Rise and Report By-laws
115-2020 A By-law to Adopt Amendment 198 to the Oshawa Official Plan (Implements Council direction of May 25, 2020 through Item CNCL-20-33 to delete Policy 2.2.10.6 as this policy is no longer required for the subject lands known municipally as 133 Ritson Road North as they were re- designated from Special Purpose Commercial to Residential through Official Plan Amendment 196.) City Council Agenda December 14, 2020 Page 24
116-2020 A By-law to amend Sign By-law 72-96, as amended (Implements Council direction of October 26, 2020 through Item DS-20-111 of the Forty-Fourth Report of the Development Services Committee to delete and replace article 5.18.8 providing for sign permits for sandwich board signs shall only be valid between December 14, 2020 and April 1, 2023 and all permits for sandwich board signs shall expire on April 1,2023.)
117-2020 A By-law to amend Zoning By-law 60-94, as amended (Implements Council direction of December 14, 2020 through Item DS-20-144 of the Forty-Eighth Report of the Development Services Committee to change the zoning for lands known municipally as 64 Albany Street and 426 Front Street to permit an 11-storey, 100-unit apartment building at the northwest corning of Albany Street and Front Street.)
118-2020 A By-law to Amend By-law 60-94, as amended (Implements Council direction of December 14, 2020 through Item DS-20-137 of the Forty-Eighth Report of the Development Services Committee to amend the definition of Home Occupation be deleting the text “food preparation services”, to amend the definition of Self-Serve Storage Building by adding the text “and my also include a secure document storage building or area in a building” after the word “property”, to replace the text of Article 5.2.6., to amend Article 27.1.2 to delete, renumber and insert items and to delete “(e) Eat-In restaurant” and add new Item “(g) Restaurant” in Sentence 28.3.15.)
119-2020 A By-law to Amend the City of Oshawa Brownfields Renaissance Community Improvement Plan (Implements Council direction of December 14, 2020 through Item DS-20-137 of the Forty-Eighth Report of the Development Services Committee extend the expiry date of the plan from December 31, 2020 to December 31, 2023.)
120-2020 A By-law to Establish and Interim Tax Levy for 2021 (Implements Council direction of December 14, 2020 through Item FIN-20-77 of the Thirty-Third Report of the Finance Committee to provide for the implementation and collection of an interim tax levy for 2021.)
121-2020 A By-law to Establish a Borrowing By-law (Implements Council direction of December 14, 2020 through Item FIN-20-76 of the Thirty-Third Report of the Finance Committee to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2021.) City Council Agenda December 14, 2020 Page 25
122-2020 A By-law to Amend Zoning By-law 60-94, as amended (Implements the direction of the Commissioner, Development Services Department to lift the “h-14” holding symbol from the subject lands located generally north of Britannia Avenue West, west of Windfields Farm Drive West to permit 83 lots each for a single detached dwelling and a future development block for up to 22 single detached dwellings.)
123-2020 A By-law to Amend Zoning By-law 60-94, as amended (Implements the direction of the Commissioner, Development Services Department to lift the “h-70” holding symbol from the subject lands located at 250 Harmony Road South to facilitate the development of 212 townhouse dwellings and a public park.)
Matters Tabled
1. Report DS-19-19 concerning the request from the Oshawa Port Authority to amend the 1976 Harbour Road Extension Agreement to convey a portion of the City-owned Harbour Road road allowance east of Farewell Street to the Federal Crown, “as is where is” and for a nominal amount to allow the Oshawa Port Authority to construct a driveway access rather than a City-owned collector road. (Tabled February 8, 2019)
2. Report CS-19-130 concerning the engagement of a consultant to determine the feasibility of establishing a bike park and that $120,000 be placed for consideration in the 2020 Capital Budget. (Tabled November 4, 2019 to hold a public meeting to determine the level of interest in an Oshawa Bike Park before any decision is made to hire a consultant to investigate this option further)
3. Report FIN-20-18 concerning the Councillor Expense Policy providing $1,000 to each Local and each Regional Councillor to be reflected in the budget submission as a total amount for the four-year term, with the timing of expenditures at the discretion of the Councillors as required over the course of the four-year term. (Tabled April 27, 2020)
4. The following amendments to Correspondence CNCL-20-107 from the Board of Management of the Oshawa Central Business District Improvement Area concerning the 2020 Tax Levy and Budget (Tabled June 9, 2020):
“Part 2: add the word ‘adjusted’ between after the word ‘the’ and before the word ‘amount’; add the words ‘less $119,898.98’ after ‘$529,351.02’ and before ‘for 2020’; and,
Part 3: add the words ‘being the levy rate of .0022449 after ‘$419,851.02’; and, City Council Agenda December 14, 2020 Page 26
Part 5: That the OCBDIA come to Oshawa Committee and Oshawa Council in the fall of 2020 to begin the process for a new levy rate 2021 with a new constitution to not allow the current default majority, but a majority of voting members, and an open consultative process and regular notification to members and the City of the income statements financials; and,
Part 6: That the OCBDIA implement a new voting process that eliminates the current default majority, and establishes a requirement that a majority of voting members approve any new levy rate and new constitution; and,
Part 7: That the OCBDIA establish an improved, open consultative process that includes among other things, the posting of the actual levy rate to members and the regular notification to members and the City of the income statements financials; and,
Part 8: That the Board of Management of the OCBDIA receive training from the City’s Clerks Department concerning to running meetings and posting notices to members with increased transparency and accountability to its members.”
Notices of Motion
The following notices of motion are submitted by Councillor McConkey
“Whereas at its meeting of December 2, 2019 Council adopted procedural changes and implemented among other meeting time changes, a change to a 4 week Council and Committee meeting rotation cycle;
And whereas during deliberations concerning the move to this 4 week cycle Oshawa Mayor indicated this could be reconsidered after a one year trial;
Now therefore Council consider a return to the 3 week Council and Committee meeting cycle for 2022” and,
“Whereas the City acquired 0 William St. E. in 2007 and October 15, 2007 declared this parcel of land, lying an being on the north side of William St. E, west of Division St., surplus;
And whereas staff have investigated disposal and removal from title the restrictive covenant which limits the use of the property to parking or roadway only. City Council Agenda December 14, 2020 Page 27
And whereas the Social Services Department at the Region of Durham is investigating opportunities for improving housing for those individuals in need in the community;
Now therefore staff investigate the Region of Durham’s interest seeking the removal of the restrictive covenant and acquiring the property from the City for modular or micro homes for those in need of housing support in Oshawa.”
Confirming By-law
A by-law to confirm the City Council meeting of December 14, 2020.
Adjournment Additonal Agenda Items
City Council – December 14, 2020
CNCL-20-209 Overland LLP submitting correspondence concerning Item DS-20-150 regarding Development Applications for a portion of the lands municipally known as 2466 and 2651 Harmony Road North Submitted by Minto (Harmony Road) LP