City Council Meeting
AGENDA

-
Council Chamber

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.

If you have accessibility needs and require alternate formats or other accommodations please contact Legislative Services by telephone 905 436 3311 or by e-mail at clerks@oshawa.ca or in person.

For inquiries about this agenda please contact Legislative Services at 905-436-3311 or by email at clerks@oshawa.ca.

To learn more about the Consent Agenda process, please visit www.oshawa.ca/ConsentAgenda.


The City of Oshawa is situated on lands within the traditional and treaty territory of the Michi Saagiig and Chippewa Anishinaabeg and the signatories of the Williams Treaties, which include the Mississaugas of Scugog Island, Curve Lake, Hiawatha and Alderville First Nations, and the Chippewas of Georgina Island, Rama and Beausoleil First Nations.


We are grateful for the Anishinaabeg who have cared for the land and waters within this territory since time immemorial.


We recognize that Oshawa is steeped in rich Indigenous history and is now present day home to many First Nations, Inuit and Métis people. We express gratitude for this diverse group of Indigenous Peoples who continue to care for the land and shape and strengthen our community.


As a municipality, we are committed to understanding the truth of our shared history, acknowledging our role in addressing the negative impacts that colonization continues to have on Indigenous Peoples, developing reciprocal relationships, and taking meaningful action toward reconciliation.


We are all Treaty people.

(As may be presented by Council Members)

(As may be presented at the meeting)

(As may be presented by Council Members)

Mayor Carter to present a certificate of recognition to the Durham College Women's Rugby athletes for an undefeated season and winning the Ontario Colleges Athletic Association Championship in 2023.

Dr. Leroy Clarke, e-CAMP MENTORing to provide a presentation regarding Black History Month.

Principles Integrity to provide a presentation concerning their Annual Report from November 2022 to January 31, 2024 (See CNCL-24-14)

  • Recommendation

    That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated February 26, 2024 be adopted as recommended.

  • Recommendation

    That the minutes of the City Council meeting held on January 29, 2024 be adopted.

  • Recommendation

    That Correspondence CNCL-24-12 from various residents submitting comments concerning Item ED-24-21 regarding Windfields Farm/Northern Dancer Cemetery Participation in Doors Open be referred to Item ED-24-21. 

That in accordance with Correspondence CNCL-24-21 from Adriana Lupton, property owner of 452 Simcoe Street North submitting an application under Section 32 of the Ontario Heritage Act to repeal a portion of Heritage Designation By-law 148-2011 to remove 'clad in cedar shingles' from the heritage attributes:

  1. That staff be directed to publish notice in accordance with Section 32(3) of the Ontario Heritage Act; and,
  2. That staff report back to Council once the process set out in the Ontario Heritage Act is complete.

The Community and Operations Services Committee respectfully reports and recommends to City Council its Thirteenth Report.

  • Recommendation

    That AJ Groen be appointed to make a delegation to Durham Environmental Advisory Committee on behalf of the Oshawa Environmental Advisory Committee with respect to the Road Salt Working Group.

  • Recommendation

    That pursuant to Report CO-24-08 dated February 7, 2024 concerning the Campus Ice Agreement:

    1. That Council advise Ontario Tech University that the Funding Agreement for the Shared Athletic Facility at Campus Ice Centre will not be renewed; and,
    2. That staff be authorized to notify the City’s minor affiliated clients as per Section 5.5 of this Report that the Funding Agreement for the Shared Athletic Facility at Campus Ice Centre expires on August 31, 2024, and will not be renewed; and,
    3. That staff be authorized to begin the allocation of seasonal ice for the 2024/25 season at City-owned ice pads, including Tribute Communities Centre as per the Ice Allocation Policy; and,
    4. That in accordance with the City’s Ice Allocation Policy, affiliated clients will be required to assume their hours of entitlement at City-owned facilities; and,
    5. That staff continue to work with Ontario Tech University to identify collaboration opportunities that will better serve the Oshawa community.
  • Recommendation

    That Report CO-24-09 be referred back to staff to investigate further speed calming measures along Columbus Road West.

  • Recommendation

    That Report CO-24-07 concerning the Pilot Curbside Giveaway Event be referred to staff for a report at the next meeting.

The Corporate and Finance Services Committee respectfully reports and recommends to City Council its Fourteenth Report.

  • Recommendation

    That pursuant to Report CF-24-04 dated January 31, 2024, the Asset Retirement Obligation Policy be approved.

  • Recommendation

    Whereas the Purchasing By-law, requires Council approval of Professional and Consulting Services contract awards greater than $100,000; and,

    Whereas Council has approved funding in the annual Taxes Written Off budget for assessment & appeal management services; and,

    Whereas Procurement issued a Request for Proposal Assessment & Appeal Management Services for an initial three year term with the option to renew for additional three one-year terms; and,

    Whereas one (1) bid was received (publicly posted on the City’s website at Oshawa's Bids and Tenders) and opened by Procurement on January 23, 2024; and,

    Whereas the evaluation team reviewed the bid received by MTAG Paralegal Professional Corp. as comprehensive, thorough, addressed all requirements of the R.F.P, and best satisfied the City’s requirements; and,

    Whereas the proposal received from MTAG Paralegal Professional Corp. in the amount of $216,000 (before applicable taxes) for Assessment & Appeal Management Services for an initial three year term meets the requirements of the proposal;

    Therefore be it resolved that pursuant to Item CF-24-09:

    1. That in accordance with Item CF-24-09, dated February 5, 2024, that the Manager, Procurement, be authorized to award an initial three year contract to MTAG Paralegal Professional Corp. in the amount of $216,000 (before applicable taxes) for Assessment & Appeal Management Services, being the highest ranked proponent received; and
    2. That the Manager, Procurement, be authorized to extend this contract for an additional three one-year terms, subject to provision of satisfactory services and pricing.
  • Recommendation

    That Report CF-24-07 concerning the 2023 External Audit Service Plan, dated January 31, 2024 be received for information.

The Economic and Development Services Committee respectfully reports and recommends to City Council its Twenty-fifth Report.

  • Recommendation

    That the Doors Open Committee open the Windfields Farm/Northern Dancer cemetery to the public during Doors Open, 2024.

  • Recommendation

    That pursuant to Report ED-24-14 dated January 31, 2024, Economic and Development Services staff be authorized to continue the designation process for 117 King Street East, as directed by Council on December 12, 2022, and incorporate the property owner’s requested revisions into the draft Designation Statement and Description to be included in a Notice of Intention to Designate.

  • Recommendation

    That, pursuant to Report ED-24-16 dated January 31, 2024, City staff be directed to proceed with the designation of the property known as the former Harmony Public School, located at 149 Harmony Road South, as a property of cultural heritage value or interest under Part IV of the Ontario Heritage Act and that the appropriate by-law, which will include a Designation Statement and Description for the subject property, be passed in a form and content acceptable to the City Solicitor and the Commissioner of Economic and Development Services.

  • Recommendation
    1. That, pursuant to Report ED-24-19 dated January 31, 2024, the revised application submitted by D.G. Biddle and Associates Limited on behalf of 1494339 Ontario Limited to amend the Secondary Plan for the Samac Community (File: OPA-2022-06) to permit an increased residential density of approximately 102 units per hectare (41 units/ac.) on lands generally located at the southeast corner of Ritson Road North and Luple Avenue and to redesignate that portion of the same lands associated with the tributary of the Oshawa Creek from Medium Density I Residential to Open Space and Recreation be approved, generally in accordance with the comments contained in said Report, and the necessary by-law be passed in a form and content acceptable to the Commissioner of Economic and Development Services and the City Solicitor; and,
    2. That, pursuant to Report ED-24-19 dated January 31, 2024, the revised application submitted by D.G. Biddle and Associates Limited on behalf of 1494339 Ontario Limited to amend Zoning By-law 60-94 (File: Z-2022-07), to rezone lands generally located at the southeast corner of Ritson Road North and Luple Avenue from FD (Future Development) to an appropriate R6-C (Residential) zone to permit a six (6) storey, 46 unit apartment building, and to an appropriate R1-E (Residential) Zone to permit four (4) single detached dwellings, and OSH (Hazard Lands Open Space) for that portion of the lands associated with the tributary of the Oshawa Creek, be approved, generally in accordance with the comments contained in said Report, and the necessary by-law be passed in a form and content acceptable to the Commissioner of Economic and Development Services and the City Solicitor; and,
    3. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the Zoning By-law Amendment proposed in Report ED-23-157 dated September 6, 2023 presented at the public meeting of September 11, 2023 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.
  • Recommendation
    1. That, pursuant to Report ED-24-20 dated January 31, 2024, the revised application submitted by Katanna Simcoe Ltd. to amend Zoning By-law 60-94 (File: Z-2022-12) to permit 170 block townhouse dwellings consisting of 11 live/work units, 69 traditional block townhouse units and 90 back-to-back block townhouse units, a road widening block and a private parkette, on lands municipally known as 1279 Simcoe Street North be approved, generally in accordance with the comments in said Report, and the necessary by-law be passed in a form and content acceptable to the Commissioner of Economic and Development Services and the City Solicitor; and,
    2. That, pursuant to Report ED-24-20 dated January 31, 2024, the revised application submitted by Katanna Simcoe Ltd. for approval of a draft plan of subdivision (File: S-O-2022-05) for 1279 Simcoe Street North featuring one development block and one road widening block to facilitate the development of a proposed common elements plan of condominium featuring 170 block townhouse dwellings be approved, and that the Commissioner of Economic and Development Services or Director of Planning Services be authorized to impose appropriate conditions in the draft plan of subdivision approval Planning Act decision; and,
    3. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the Zoning By-law Amendment proposed in Report ED-23-01 dated January 4, 2023presented at the public meeting of January 9, 2023 differs to some degree from the proposed amendment recommended to be approved by City Council pursuant to Part 1of this Recommendation, such differences are not substantial enough to require further notice and another public meeting.
  • Recommendation

    That staff investigate the feasibility of adding a 401 interchange at Townline Road.

The Joint Hamilton-Oshawa Working Group respectfully reports and recommends to City Council its First Report.

  • Recommendation

    Whereas on February 9, 2019, the federal Ministry of Transport issued a Certificate of Intent to amalgamate the Hamilton and Oshawa Port Authorities;

    Whereas on June 8, 2019, the federal Ministry of Transport issued the certificate of Amalgamation and Letters Patent creating the amalgamated Hamilton Oshawa Port Authority (H.O.P.A.);

    Whereas the Hamilton Oshawa Port Authority Board of Directors is composed of seven directors;

    Whereas the Letters Patent states that only one director be appointed by the City of Hamilton and the City of Oshawa, in consultation with the City of Burlington;

    Whereas prior to the amalgamation of the Port Authorities, the City of Hamilton and the City of Oshawa each had municipally-appointed representatives on their respective Port Authorities;

    Whereas both the City of Oshawa and the City of Hamilton have expressed to the federal government that a shared representative is not an effective means of governance, and that both municipalities should be allocated a municipally-appointed representative on the Hamilton Oshawa Port Authority Board of Directors;

    Whereas the federal government, to date, has not indicated a willingness to amend the Letters Patent of the Hamilton Oshawa Port Authority to permit both municipalities to have a municipally-appointed representative on the Board, and therefore the municipalities are required to appoint a shared representative;

    Whereas the City of Oshawa and the City of Hamilton established a working group to establish a process for appointing a shared municipal appointee to the Hamilton Oshawa Port Authority Board of Directors;

    Therefore be it resolved:

    1. That the Mayors of the City of Oshawa and City of Hamilton provide a joint letter to the federal Ministry of Transport requesting the Letters Patent be immediately amended to allow for two municipal appointees, one from each municipality, on the H.O.P.A Board of Directors ("H.O.P.A Board"); and
    2. That the H.O.P.A. Board be requested to provide a letter to the federal Ministry of Transport requesting the Letters Patent be amended to allow for two municipal appointees, one from each municipality, on the H.O.P.A. Board; and,
    3. That the members of the Joint Hamilton-Oshawa Working Group recommend to their respective Councils the following:
      1. That each municipality determine their own process for selecting the appointee when it is their municipality’s term, but that the non-selecting municipality be offered the opportunity to participate as a non-voting member or observer of any selection committee;
      2. That each municipality ensure that notice of the opportunity to apply to be the municipal appointee be provided in both Hamilton and Oshawa;
      3. That the City Manager of Hamilton and the C.A.O of Oshawa be directed and authorized to develop a common set of core skills and requirements for the municipal appointee.

(Implements direction of February 26, 2024 through Item ED-24-16 of the Twenty-fifth Report of the Economic and Development Services Committee to designate the property municipally known as 149 Harmony Road South specifically PIN 16339-0429 (LT) PART LOTS 16, 19 SHEET 4B PLAN 357, LOT 18 SHEET 4B PLAN 357, EAST WHITBY, as being of cultural heritage value or interest pursuant to Part IV of the Ontario Heritage Act, R.S.O. 1990, Chapter O.18.)

(Implements Council direction of December 11, 2023 through Item CO-23-67 of the Eleventh Report of the Community and Operations Services Committee to add a 2 hour maximum permissible parking area, at a rate of 1.25 dollar for 60 minutes, from 8:00 a.m. to 6:00 p.m. Monday to Friday inclusive, except holidays, on the south side of Bond Street West between a point 14 metres west of Centre Street North and a point 25 metres west of Centre Street North.)

(Implements direction of February 26, 2024 through Item ED-24-19 of the Twenty-fifth Report of the Economic and Development Services Committee to amend Schedule “A”, Samac Land Use and Street Plan, by redesignating certain lands at the southeast corner of Ritson Road North and Luple Avenue from Medium Density I Residential to High Density I Residential to permit a 6 storey apartment building with 46 dwelling units and to apply a site specific policy to continue to permit Medium Density I Residential and Medium Density II Residential uses and densities and amend Schedule “A”, Samac Land Use and Street Plan, by redesignating certain lands at the southeast corner of Ritson Road North and Luple Avenue associated with the tributary of the Oshawa Creek from Medium Density I Residential to Open Space and Recreation.)

(Implements direction of February 26, 2024 through Item ED-24-19 of the Twenty-fifth Report of the Economic and Development Services Committee to change the zoning for the lands generally located at the southeast corner of Ritson Road North and Luple Avenue from FD (Future Development) to R1-E(14) (Residential) in part, R6-C(15) “h-90” (Residential) in part and OSH (Hazard Lands Open Space) in part to permit the development of four single detached dwellings with a site specific regulation related to increased maximum lot coverage and a 6-storey, 46 unit apartment building with site specific regulations related to reduced minimum landscaped open space, lot frontage and front yard, exterior side yard and interior side yard depths. This By-law also has the effect of rezoning the balance of the subject lands associated with a tributary of the Oshawa Creek to an appropriate open space zone, to protect and conserve its ecological function as part of the City’s Natural Heritage System.)

(Implements direction of February 26, 2024 through Item ED-24-20 of the Twenty-fifth Report of the Economic and Development Services Committee to to change the zoning for the lands generally located at 1279 Simcoe Street North from PSC-A (Planned Strip Commercial) in part and R4-A/R6-C/EU (Residential/Existing Use) in part to PSC-A/R4-A(28) (Planned Strip Commercial/Residential) and R4-A(28)/R6-C/EU (Residential/Existing Use) to permit 170 block townhouse dwellings, eleven of which could operate as live/work units, subject to special zoning regulations related to reduced yard depths, landscaped open space, length of front lot line and driveway length and increased lot coverage and building height.  Special regulations are proposed for the live-work units to permit the entire main floor of the unit to be used as a home occupation and to permit a retail store as a home occupation.)

(Placed on the agenda at the request of Councillor Chapman to request Council waive its Grant Policy and recommend the request from the Rotary Club of Oshawa for $30,000 of in-kind services for the 2024 Oshawa Ribfest be approved.)

(Placed on the agenda at the request of Councillor Kerr to reconsider Council's decision of April 3, 2023, and to approve the request to amend the size of the sign and the start date of the two-year pilot project)

(Placed on the agenda at the request of Councillor McConkey to reconsider Council's decision of November 26, 2021 concerning Capital project 50-0016 and
to approve a new two-week extension to the trail public consultation period to ensure area residents are informed and to direct staff to report at the next Safety and Facilities Services Committee meeting on the details of the documented and traceable decision making for the selection of a preferred trail alignment.)

  • Recommendation

    That all items listed under the heading of Closed Consent Agenda for the City Council Meeting dated February 26, 2024 be adopted as recommended.

The Corporate and Finance Services Committee respectfully reports and recommends to City Council its Fifteenth Report.

(Closed Pursuant to Section 239 (2)(b) of the Municipal Act.)

  • Recommendation

    That Report CF-24-05 concerning the 2023 Year End Taxation Services Position, dated January 31, 2024 be received for information.

The Economic and Development Services Committee respectfully reports and recommends to City Council its Twenty-sixth Report.

(Closed Pursuant to Section 239 (2)(c) of the Municipal Act.)

  • Recommendation

    That, pursuant to Report ED-24-17 dated January 31, 2024, the Director, Planning Services, be authorized to respond to Closed Correspondence ED-23-201 in accordance with Section 5.6 of said Report.

(Closed Pursuant to Section 239 (2)(c), 239 (2)(i), 239 (2)(j), and 239 (2)(k) of the Municipal Act.)

  • Recommendation

    That pursuant to Closed Report ED-24-18 dated January 31, 2024, staff be authorized to proceed with Option 2 as outlined in Section 5.3 of said report, concerning next steps for the future use of the City-owned Parking Lot. 

(See Pages C26 to C55)


(Closed Pursuant to Section 239(2) (a) and (b) of the Municipal Act, 2001.)

  • Recommendation
    1. That, pursuant to Closed Report CNCL-24-17 dated February 21, 2024, City Council reconsider its decision of May 1, 2023 made with respect to Closed Report ED-23-66 regarding an amendment to the lease agreement with Oshawa PUC Networks Inc. (operating as Oshawa Power) for 100 Simcoe Street South.
    2. That, the Commissioner of Economic and Development Services be authorized to execute an amendment to the lease agreement with Oshawa PUC Networks Inc. (operating as Oshawa Power) for 100 Simcoe Street South generally consistent with the terms and conditions as set out in Section 5.5 of Closed Report CNCL-24-17 dated February 21, 2024 and in a form and content satisfactory to the Commissioner of Economic and Development Services and the City Solicitor.

The following notice of motion is submitted by Councillor McConkey, seconded by Councillor Neal:


Whereas there are serious safety concerns related to the condition of Conlin Road East infrastructure that especially involves new residents living north of Conlin Road East; and


Whereas  new occupancies of the dwelling units fast being built for the Kedron Part II area north of Conlin Road East will continue to add to the concerns; and


Whereas many residents are needing to cross Conlin Road East to catch a school bus and a D.R.T bus at the Riverton Street, bus stop;


Whereas the intersection of the City’s new street Verne Bowen Street, opposite Riverton Street at Conlin Road East is very busy with vehicle and pedestrians and in need of traffic signalization and school crossing guards;


Now therefore Oshawa Council direct an expedited process to ensure safety with traffic lights and school crossing guards at the intersection of Verne Bowen/Riverton Streets and Conlin Road East.

The following notice of motion is submitted by Councillor McConkey, seconded by Councillor Neal:


Whereas on February 15, 2024 the Province announced it will be introducing new legislation in the Legislature’s spring sitting beginning February 20, 2024 to be described as the Get It Done Act regarding the Province of Ontario Banning Road Tolls, Freezing Driver’s Licence Fees to Keep Costs Down; and,


Whereas the ban on road tolls will only be on future road tolls; and,


Whereas the Highway 407 East from Brock Road, Pickering to Highway 33/115 is the only section of Highway 407 with tolls, which is not leased; and,


Whereas effective June 2023 the Province removed the tolls on Highway 412 and 418 when the Provincial government approved changes to the Highway 407 East Act, 2012, as part of the Fewer Fees, Better Services Act, passed in 2022; and,


Whereas now is the time to approve amendments to the Get It Done Act for the members elected to the Ontario Legislature to remove the tolls on the Highway 407 East extension from Brock Road to Highway 35/115 and relieve the burden on the economy of Oshawa and Durham Region municipalities, their households, businesses, associations and institutions;


Now therefore the City of Oshawa request the Province of Ontario to amend the Get It Done Act to include the banning of road tolls on the existing Highway 407 East from Brock Road, Pickering to Highway 35/115 and this motion be shared for support at the Councils of the Region of Durham, the Townships of Brock, Uxbridge and Scugog, the City of Pickering, Town of Ajax, Town of Whitby, Municipality of Clarington, the City of  Peterborough, and the Premier of Ontario, the Minister of Transportation and all Durham Region M.P.P's.

The following notice of motion is submitted by Councillor McConkey, seconded by Councillor Neal:


Whereas the current winter weather temperatures are proving difficult to continue skating times and other municipalities have successfully invested in portable outdoor ice rink chillers to increase the number of days an outdoor ice rink can remain open for skating,


Now therefore the City investigate and report back on the practice of other municipalities investing in portable ice rink chillers and the cost and feasibility of sites in the City appropriate for the installation of an outdoor portable ice rink and the potential to open next winter season.

A by-law to confirm the City Council meeting of February 26, 2024.