City Council Meeting
AGENDA

Tuesday, February 22, 2022 at 9:30 A.m. - 10:30 A.m.

Electronic Meeting

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 City Clerk Services by telephone [phone] or by e-mail at [email protected] or in person.

 

For inquiries about this agenda please contact City Clerk Services at 905-436-3311 or by email at [email protected].

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Public Meeting

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 land covered under the Williams Treaties, and 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)

• Recommendation

  That Correspondence CNCL-22-15 from various residents submitting comments regarding Item CS-22-08 concerning the potential to initiate radar camera agreements; CNCL-22-16 from Various Residents submitting Comments regarding Item CS-22-20 concerning a Community Safety Zone on Greenhill Avenue; CNCL-22-17 from Greg Milosh submitting Comments regarding Item CS-22-16 concerning the Community Centennial Committee Public Feedback Update; CNCL-22-18 from J.A. Clark submitting comments regarding Items DS-22-41 and DS-22-42 related to the Columbus Part II Plan; CNCL-22-19 from Les Gondor submitting comments regarding Items CS-22-19 and CS-22-20 regarding a restriction of heavy truck traffic and a Community Safety Zone on Greenhill Avenue be added to the agenda and referred to the relevant report for the meeting of February 22, 2022.

Declarations of Pecuniary Interest

(As may be presented by Council Members)

Councillor McConkey - DS-22-41 - Columbus Statutory Planning Act Public Meeting for the Integrated Columbus Part II Planning Act and Municipal Class Environmental Assessment Act Study (Ward 1)

Council McConkey declared a conflict of interest concerning DS-22-41 as her family owns property within the area and did not take part in discussion or voting on the matter.

Councillor McConkey - DS-22-42 - Investigation of a Heritage Conservation District in the Community of Columbus (Ward 1)

Council McConkey declared a conflict of interest concerning DS-22-42 as her family owns property within the area and did not take part in discussion or voting on the matter.

Councillor Marimpietri - DS-22-37 - Request to Use the City-owned Public Parking Lot (Lot 16) located on the South side of Athol Street East, between Celina Street and Albert Street (Ward 4)

Councillor Marimpietri declared a conflict of interest Item DS-22-37 as he has family members who own property and reside within the area and did not take part in discussion or voting on the matter.

Councillor Marks - FIN-22-10 - 2021 Year End Property Tax Arrears (All Wards)

Councillor Marks declared a conflict of interest concerning Item FIN-22-10 as he has been retained by a party mentioned in the report on non-related legal matters and did not take part in discussion or voting on the matter.

Presentations

Delegations

• Recommendation

  That the delegation of Carion Fenn, of the Carion Fenn Foundation and Durham Black Network be heard.

Carion Fenn Foundation and Durham Black Network - Black History Month

The Carion Fenn Foundation and Durham Black Network requesting to address City Council regarding Black History Month.

Matters Requiring Direction

None

Items Pulled from Information Package

None

Public Consent Agenda

• Recommendation

  That all items listed under the heading of Public Consent Agenda for the City Council Meeting dated February 22, 2022 be adopted as recommended except:

  City Council minutes of January 31, 2022; and,

  Items CS-22-08, CS-22-12 and CS-22-20 of the Thirty-Seventh Report of the Community Services Committee; and,

  Item CORP-22-07 of the Thirty-Sixth Report of the Corporate Services Committee; and,

  Items DS-22-21, DS-22-41, DS-22-42 of the Seventy-Third Report of the Development Services Committee; and,

  Reports CNCL-22-09 and CNCL-22-13.

Correspondence

None

Standing Committee Reports

Report of the Community Services Committee

The Community Services Committee respectfully reports and recommends to City Council its Thirty-Seventh Report.

CS-22-10 - Request for a 4-way Stop at Solar Gate and Bridle Road (Ward 2)

• Recommendation

  That a 4-way stop be installed at the intersection of Solar Gate and Bridle Road.

CS-22-09 - Eighth Report of the Oshawa Accessibility Advisory Committee (All Wards)

• Recommendation

  That CS-22-09 being the Eighth Report of the Oshawa Accessibility Advisory Committee be referred to staff to consult with the Oshawa Central Council Neighbourhood Associations (OCCNA).

CS-22-13 - Response to correspondence from Durham College requesting the termination of the licence agreement between the Oshawa PUC Networks Inc. and Oshawa Downtown BIA concerning pole wraps (Ward 4)

• Recommendation

  Whereas a licence agreement between the Oshawa PUC Networks Inc. (OPUC) and Oshawa Downtown BIA, appended as Attachment 1, was signed and dated September 16, 2019, (the “Agreement”); and,

  Whereas the licence agreement was a pilot agreement in 2019; and,

  Whereas the agreement was for the two parties to establish the use of OPUC poles for pole wrapping; and,

  Whereas the pole wrappings were to be part of a branding campaign for Durham College; and,

  Whereas the Oshawa Downtown BIA is dissolved and the City has assumed the responsibilities of the Oshawa Downtown BIA; and,

  Whereas the President of Durham College has provided correspondence advising that they no longer support the pole wrap branding campaign; and,

  Whereas the CEO of Oshawa PUC Networks Inc. has been advised and agrees that the agreement will be terminated; and,

  Therefore, pursuant to CS-22-13, be it resolved that the agreement dated September 16, 2019 between the Oshawa PUC Networks Inc. and the Oshawa Downtown BIA be terminated.

CS-22-15 - Request to Remove Mural at 32-40 King Street East (Ward 4)

• Recommendation
  1. That, pursuant to Report CS-22-15 dated February 9, 2022  City staff be authorized to remove and dispose of the mural entitled “On the Lake (The Argyle)” which is located on the west exterior wall of the property located at 32-40 King Street East; and,
  2. That, pursuant to Report CS-22-15 dated February 9, 2022, the Mayor on behalf of Council be authorized to write a letter to the family of the artist and include a print of the macquette of the mural painted by the artist.

   

CS-22-16 - Community Centennial Public Feedback Update (All Wards)

• Recommendation

  That Report CS-22-16, dated February 9, 2022, concerning the Community Centennial public feedback update be received for information.

CS-22-19 - No Heavy trucks signs on Greenhill Avenue (Ward 1)

• Recommendation

  Whereas heavy trucks have been using Greenhill Avenue as a by-pass due to ongoing road closures on Conlin Road;

  Therefore be it resolved that No Heavy trucks signs be installed on Greenhill Avenue between Wilson Road North and Harmony Road North.

CS-22-21 - Lighting for Michael Starr Trail (Wards 2, 4 and 5)

• Recommendation

  Whereas the upcoming GO/Metrolinx stations in Oshawa will create public transit opportunities, economic development, residential growth, and opportunities for active transportation options for our residents; and,

  Whereas the Michael Starr Trail will provide the basis for increased active transportation opportunities to and from the upcoming GO/Metrolinx station at First Avenue; and,

  Whereas Council has directed City Staff to complete the paving of the Michael Starr Trail up to Mary Street and Nonquon; and,

  Whereas the Beatrice Street cycling lanes connect to Harmony Road and the Multi-Use Paths (MUPs) connecting the north and north east areas of the city; and,

  Whereas the Michael Starr Trail extends south of the 401 highway to connect the residents of the south of Oshawa to the upcoming GO/Metrolinx station; and,

  Whereas the Michael Starr Trail is currently unlit which stymies current and future evening and nighttime use of the trail by all ages of citizens and all types active transportation methods/devices/vehicles (pedestrians, cyclists, e-bikes, and Segway users) including those using the trail apart from GO commuters; and,

  Whereas unlit areas are potential sites for illegal activities of various types thus inhibiting active transportation use by residents as a safety concern; and,

  Whereas a fully-lit Michael Starr Trail will help provide for a fully-integrated active transportation network to and from the upcoming GO/Metrolinx station at First Avenue and beyond; and,

  Whereas a fully-lit Michael Starr Trail will create a physical and visual safe link from our downtown to the GO/Metrolinx station/system which will encourage the development and revitalization of the entire area;

  Therefore, be it resolved that Staff be directed to report on the costs and timing of fully-lighting the Michael Starr Trail to be coordinated with the opening of the First Avenue GO/Metrolinx station and that such a report will include reference to the funding opportunities recently made public through the $400 million Parks and Recreation Ontario Fund; and,

  1. That DRPS requested to provide comments based on CPTED (crime prevention through environmental design); and,
  2. That residents impacted by the lighting proposal be asked for their comments and or concerns. 

Report of the Corporate Services Committee

The Corporate Services Committee respectfully reports and recommends to City Council its Thirty-Sixth Report.

CORP-22-09 - Noise Exemption Request and Notice Process (All Wards)

• Recommendation
  1. That Council approve a by-law to amend Noise By-law 112-82, as amended, and General Fees and Charges By-law 13-2003, as amended as outlined in Option “A” of Section 5.2 of Report CORP-22-09 “Noise Exemption Request and Notice Process”, dated February 2, 2022, and in a form and content acceptable to Legal Services and the Commissioner of Corporate Services; and,
  2. That the requirements of Notice By-law 147-2007 regarding notice to the public for amendments to the General Fees and Charges By-law 13-2003, as amended, be waived; and,
  3. That the Ward Councillors and the Mayor be informed that an exemption request has been submitted to the City, and that this provision be subject to a three year review to seek Council approval to either continue with or cease this practice.

CORP-22-08 - 2022 Municipal Election Joint Compliance Audit Committee (All Wards)

• Recommendation
  1. That the draft Terms of Reference for the 2022 Municipal Election Joint Compliance Audit Committee as set out in Attachment 1 of Report CORP-22-08 dated February 2, 2022 be endorsed; and,
  2. That the City Clerk be authorized to bring forward a by-law for Council approval that would provide for the remuneration and appointment of a roster of individuals to the 2022 Municipal Election Joint Compliance Audit Committee in accordance with the Terms of Reference; and,
  3. That, at such time as the above by-law is enacted by Council, that the 2022 Municipal Election Compliance Audit Committee be deemed to be established in accordance with the Municipal Elections Act.

Report of the Development Services Committee

The Development Services Committee respectfully reports and recommends to City Council its Seventy-Third Report.

DS-22-25 - Durham Regional Technology Development Site Request for City of Oshawa Letter of Support (All Wards)

• Recommendation

  Whereas, on January 6, 2022, Economic Development Services received a request (see Attachment 1) from Spark Centre for a letter of support to accompany the Durham Regional Technology Development Site (Durham R.T.D.S.) funding application with the Ontario Centre of Innovation (O.C.I.); and,

  Whereas, the O.C.I. application will support the Ontario Vehicle Innovation Network (O.V.I.N.) for the period of April 2022 to April 2025; and,

  Whereas, the primary O.V.I.N. focus at the Durham R.T.D.S. is to establish Durham Region as a living lab for electric vehicles and related technologies and solutions as outlined in Attachment 2; and,

  Whereas, Spark Centre is the lead partner of Durham R.T.D.S., along with consortium partners which include the Region of Durham, Ontario Tech University and Durham College; and,

  Whereas, Spark Centre has requested in-kind services from the City of Oshawa (see Attachment 1) that can be accommodated within the 2022 Economic Development Budget and pending annual review of staff capacity and interest alignment are supported by City staff; and,

  Whereas, City staff support the Spark Centre request for a letter of support; and,

  Whereas, the City’s 2020-2023 Strategic Plan includes the strategy to “actively support the growth of the city’s post-secondary educational institutions and knowledge-based industries.”;

  Therefore be it resolved that, pursuant to DS-22-25 dated February 7, 2022, the Director of Economic Development be authorized to issue a formal letter of support to Durham Regional Technology Development Site to accompany the application for the Ontario Centre of Innovation’s Ontario Vehicle Innovation Network funding.

DS-22-27 - One-Way to Two-Way Conversion Feasibility Study for Albert Street, Celina Street, Brock Street East, and Colborne Street (Ward 4)

• Recommendation

  That, pursuant to Report DS-22-27 dated February 2, 2022 concerning the One-Way to Two-Way Conversion Feasibility Study for Albert Street, Celina Street, Brock Street East, and Colborne Street, staff be authorized to advance a second virtual public engagement process owing to the COVID-19 pandemic, in the early second Quarter of 2022 to receive input on the preliminary design for the preferred alternative and report back to Development Services Committee on the results of the public input.

DS-22-28 - Environmental Assessment Study - Windfields Farm Drive Connection (Ward 2)

• Recommendation
  1. That, pursuant to Report DS-22-28 dated February 2, 2022, Attachment 3 be adopted as the City’s preferred Ultimate Recommended Plan for the Collector Road between Windfields Farm Drive West and Winchester Road West; and,
  2. That, pursuant to Report DS-22-28 dated February 2, 2022, staff be directed to initiate the property acquisitions necessary to advance the Ultimate Recommended Plan for the portion of the Collector Road south Winchester Road West and report back to the Development Services Committee on the results.

DS-22-29 - Accessibility Standards for Car Lifts (All Wards)

• Recommendation

  That, pursuant to Report DS-22-29 dated February 2, 2022, the Oshawa Accessibility Design Standards be updated to include the design standards for car lifts and stacked parking as outlined in Section 5.5 of said Report.

Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Forty-Ninth Report.

FIN-22-21- Summary of Contracts Greater than $500,000 Awarded During the Period of September 1, 2021 to November 30, 2021 (INFO-22-33) (All Wards)

• Recommendation

  That Report FIN-22-21, dated January 18, 2022 concerning the Summary of Contracts Greater than $500,000 Awarded During the Period of September 1, 2021 to November 30, 2021 be received for information.

FIN-22-08 - 2021 Financial Indicator Review (All Wards)

• Recommendation

  That Report FIN-22-08, Financial Indicator Review dated February 9, 2022 be received for information.

FIN-22-09 - 2021 External Audit Service Plan (All Wards)

• Recommendation

  That Report FIN-22-09 concerning the 2021 External Audit Service Plan, dated February 9, 2022 be received for information.

FIN-22-11 - Corporate Payments for the Month of January 2022 (All Wards)

• Recommendation

  That Report FIN-22-11 concerning the corporate payments for the month of January 2022 be received for information.

FIN-22-12 - Amendment to the General Fees and Charges By-law regarding Cemetery, and Fire and Emergency Services Fees (All Wards)

• Recommendation

  Whereas, on October 25, 2021 City Council approved Report FIN-21-91 – 2022 General Fees and Charges By-law Update and passed By-law 120-2021, which further amended the General Fees and Charges By-law 13-2003, as amended, and,  

  Whereas, subsequent to the October 25, 2021 passage of the General Fees and Charges By-law, the Funeral, Burial and Cremation Services Act, 2002, S.O 2002 was amended to increase Care and Maintenance contributions effective January 1, 2022; and,

  Whereas, these fees are set by the province and they legislated changes need to be reflected in the City’s General Fees and Charges By-law; and,

  Whereas, Section B.2 / Department of Community Services / Foundations and Marker Setting Fees of the 2022 General Fees and Charges By-law Schedule needs to be updated to reflect the current provincially imposed fees as outlined in Schedule A; and,

  Whereas, subsequent to the October 25, 2021 passage of the General Fees and Charges By-law, it was observed that fees included in Schedule B.3 Fire and Emergency Services were omitted; and,

  Whereas, the omitted charges in Schedule B.3 Fire and Emergency Services were included in the 2021 General Fees and Charges By-law update; and,

  Whereas, the omitted charges in Schedule B.3 Fire and Emergency Services fees have not increased and does not include any new fees; and,

  Whereas, these charges need to be reflected in the City’s General Fees and Charges By-law to establish a fee to recover the costs associated with Fire Services activity; and,

  Whereas, these fees as listed in FIN-22-12 Attachment B (Schedule B.3 Fire and Emergency Services) replace Schedule B.3 Fire and Emergency Services as approved on October 25, 2021 Report FIN-21-91 – 2022 General Fees and Charges By-law Update; and,

  Therefore be it resolved that

  1. Pursuant to FIN-22-12, the 2022 General Fees and Charges By-law 13-2003, as amended, be further amended to update Schedule B.2 Department of Community Services / Foundations and Marker Setting Fees and Schedule B.3 Department of Community Services / Fire and Emergency Services, effective January 1, 2022; and,
     
     
  2. That the notice requirements as set out in By-law 147-2007 be waived as the changes are housekeeping in nature.

Staff Reports/Motions

Public Discussion Agenda

Matters Excluded from Consent Agenda

Adoption of Council Minutes

• Recommendation

  Consent Motion

  That the minutes of the City Council meetings held on January 31, 2022 be adopted.

CS-22-12 - Pepper Patch Community Garden at 138 and 139 Albert Street and South Patch Garden at Cordova Park (Wards 4 and 5)

• Recommendation
  1. That based on Report CS-22-12 dated February 9, 2022, the Pepper Patch Community Garden Committee be formed and assume the operation of the gardens located at 138 and 139 Albert Street in accordance with this Report; and,
  2. That the members of the Pepper Patch Community Garden Committee be recognized as volunteers of the City of Oshawa enabling the City to extend coverage under its Municipal Liability Insurance Policy; and,
  3. That members of We Grow Food be thanked for their efforts in establishing the Pepper Patch, Berry Patch and South Patch for their years of dedicated service to the community.

   

CS-22-20 -  Greenhill Avenue be Designated as a Community Safety Zone (Ward 1)

• Recommendation

  Consent Motion:

  Whereas Greenhill Avenue is being used as a by-pass and short cut, therefore exposed to excessive speeding.

  Therefore be it resolved that Greenhill Avenue from Quail Run Drive to Castlepoint Drive be designated as a Community Safety Zone.

• Recommendation
  Amendment:

  That the motion be amended to replace the words 'Quail Run Drive and Castlepoint Drive' with the words, 'Wilson Road North to Harmony Road North'.

• Recommendation

  The vote to adopt the recommendation contained in Item CS-22-20, as amended and to pass By-law 14-2022.

CS-22-08 - Notice of Motion - Potential to initiate Radar Cameras Agreement (All Wards)

Whereas the Region of Durham initiated Vision Zero and the radar cameras in certain locations around the Region;

Whereas the Town of Ajax and the Town of Whitby are investigating entering into similar agreements with radar camera providers;

Now therefore staff investigate the costs for the City of Oshawa to enter into an agreement with radar camera providers and survey Oshawa residents interest in having them installed in hot spots in the City for where speeding is most prevalent.

• Recommendation

  Consent Motion:

  That CS-22-08, being the notice of motion concerning the potential to initiate radar camera agreements be received for information. 

• Recommendation

  That the meeting recess.

• Recommendation

  The meeting recessed at 11:06 a.m. and reconvened at 11:13 a.m. with all members of Council in attendance electronically.

CORP-22-07 - Proposed Renaming of the Northview Branch of the Oshawa Public Library to Honour John Aker (Ward 2)

• Recommendation

  Consent Motion:

  Whereas on June 21, 2021, City Council provided the following referral “that staff investigate the feasibility of adding the name of ‘John Aker’ to the North Oshawa Public Library thus making the name the ‘John Aker North Oshawa Public Library’”; and,

  Whereas the City of Oshawa’s Chief Administrative Officer contacted the Aker family to determine if they supported the renaming of the Northview Branch of the Oshawa Public Libraries in honour of Mr. Aker; and,

  Whereas the Aker family confirmed their support of renaming the Northview Branch to recognize former Oshawa City and Regional Councillor John Aker’s over 30 years of service to the City of Oshawa and The Regional Municipality of Durham; and,

  Whereas the Oshawa Public Library Board passed the following motion at its January 20, 2022 meeting: “That the Oshawa Public Library Board appreciates the opportunity to provide feedback regarding the proposed name change of the Northview Library and hereby authorizes the CEO to report back to the City’s Chief Administrative Officer regarding this matter. The Board recommends that consideration be given to engaging with the public in the form of a Library member survey conducted by Library staff with respect to the potential name change. The Board further recommends that going forward, and if possible, the Board be consulted in advance of any City Council recommendation that will affect the library for internal planning purposes.”; and,

  Whereas City staff do not feel it is necessary to conduct a Library member survey given former Councillor Aker’s significant contributions to Oshawa and Durham Region as well as his strong support for the establishment of the Northview Library Branch and the significant support he has received from residents during his many years of public service; and,

  Whereas the Oshawa Public Libraries CEO has estimated that the cost to change the name of the Library Branch would range from $14,800 to $21,800 for such items as signage, promotional materials, updating catalogue records, and staff time to update policies and procedures;

  Therefore be it resolved:

  1. That pursuant to CORP-22-07 dated February 7, 2022 that the Northview Branch of the Oshawa Public Libraries be renamed to the John Aker Northview Branch of the Oshawa Public Libraries; and,
  2. That funding up to $22,000 be provided to the Oshawa Public Libraries for the purpose of changing the name of the Library Branch and that it be funded from the Corporate Expenditures Public Relations Account; and,
  3. That the Oshawa Public Library Board be thanked for their input; and,
  4. That the John Aker family be advised of Council’s decision; and,
  5. That City staff work with Library staff to communicate the name change to the public.

DS-22-31 - Status of Parks in New and Infill Residential Subdivisions (All Wards)

• Recommendation

  Consent Motion

  That Report DS-22-31 dated February 2, 2022 concerning the status of parks in new and infill subdivisions be received for information.

• Recommendation

  Councillor Chapman assumed the Chair.

DS-22-41 - Columbus Statutory Planning Act Public Meeting for the Integrated Columbus Part II Planning Act and Municipal Class Environmental Assessment Act Study (Ward 1)

• Councillor McConkey declared a conflict on this item. (Council McConkey declared a conflict of interest concerning DS-22-41 as her family owns property within the area and did not take part in discussion or voting on the matter.)

• Recommendation

  Consent Motion:

  Whereas, the City of Oshawa has initiated an Integrated Planning Act and Municipal Class Environmental Assessment Act Study (the “Study”) for the Columbus community, focusing on the Columbus Part II Planning Area; and,

  Whereas, the City and the City’s team of consultants are currently advancing Stage 4 of the Study, which includes the preparation of a recommended land use and road plan and Part II Plan; and,

  Whereas, Part II Plans are complex large-scale projects that take time to develop and refine, and involve extensive consultation with the public, agencies and stakeholders as well as direct community engagement with residents through Public Information Centres and a statutory Planning Act Public Meeting; and,

  Whereas, the Columbus community is an area in the City of Oshawa with unique heritage attributes, as explicitly recognized through various policies in the Oshawa Official Plan; and,

  Whereas, the residents of Columbus have demonstrated an interest in the Study, which led to Council’s decision to establish the Columbus Community Advisory Committee, consisting of community members who live and work in Columbus, for the purpose of providing a key forum for eliciting input from and sharing detailed information on the Study with appointed members of the Columbus community; and,

  Whereas, given the size and complexity of the preliminary recommended land use and road plan and Part II Plan, additional time must be given to residents, and all agencies and stakeholders, including the Columbus Community Advisory Committee, to provide input on those documents, and to provide any questions to the City’s consultant and staff; and,

  Whereas, providing sufficient time for public input is important since the growth and development in the Columbus area will have an impact on Columbus residents; and,

  Whereas, the focus in 2022 should be providing sufficient time for the public, agencies and all stakeholders to provide input and to finalize the consultant’s study so that a statutory Planning Act Public Meeting process can follow in 2023;

  Therefore be it resolved that the statutory Planning Act Public Meeting related to the Integrated Columbus Part II Planning Act and Municipal Class Environmental Assessment Act Study be held no earlier than the first Quarter of 2023.

DS-22-42 - Investigation of a Heritage Conservation District in the Community of Columbus (Ward 1)

• Councillor McConkey declared a conflict on this item. (Council McConkey declared a conflict of interest concerning DS-22-42 as her family owns property within the area and did not take part in discussion or voting on the matter.)

• Recommendation

  Consent Motion:

  Whereas, Schedule “A”, Land Use, of the Oshawa Official Plan includes a Special Development Area generally corresponding to the Development Plan for the Hamlet of Columbus and encompassing the main intersection of Columbus Road and Simcoe Street North and the approaches along Simcoe Street North and Columbus Road leading to the main intersection; and,

  Whereas, pursuant to Policy 2.14.3.1 of the Oshawa Official Plan, the community of Columbus is a unique area in the City of Oshawa, particularly the four corners at the main intersection of Columbus Road and Simcoe Street North and the approaches along Simcoe Street North and Columbus Road leading to the main intersection; and,

  Whereas, a Cultural Heritage Resource Assessment was completed by ASI, a qualified heritage consultant, as part of the Integrated Columbus Part II Planning Act and Municipal Class Environmental Assessment Act Study (the “Part II Plan Study”) currently being undertaken by the City; and,

  Whereas, ASI’s Cultural Heritage Resource Assessment identified a total of 62 recognized and potential cultural heritage resources within the Part II Plan Study area, many of which form a contiguous stretch of recognized or potential cultural heritage resources within the community of Columbus, and ASI recommended that a Heritage Conservation District be considered; and,

  Whereas, the draft Part II Plan for the Columbus Planning Area include policies that promote the conservation of any properties that have been determined to merit heritage recognition, and propose that a Heritage Conservation District should be considered for the community of Columbus; and,

  Whereas, Policy 5.15.4 of the Oshawa Official Plan states that the City may designate areas of the municipality as heritage conservation districts in accordance with the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended (the “Act”), in order to manage and guide future change in the district, through adoption of a district plan with policies and guidelines for conservation, protection and enhancement of the area’s special character; and,

  Whereas, the first requirement under Part V of the Act for the creation of a Heritage Conservation District is to undertake a Heritage District Study, and obtain City Council approval of this Study, with consultation from its municipal heritage committee (i.e. Heritage Oshawa); and,

  Whereas, in advance of Council’s consideration of undertaking a Heritage Conservation District Study for the community of Columbus, it is appropriate that staff investigate and report back to the Development Services Committee with respect to matters generally relating to the timing, cost and scope of undertaking a Heritage Conservation District for the community of Columbus;

  Therefore, be it resolved:

  1. That, Development Services staff be authorized to initiate the process to investigate a potential Heritage Conservation District for the community of Columbus with respect to matters generally relating to timing, cost and scope, and to obtain input from Heritage Oshawa, the Columbus Community Advisory Committee and property owners in the Columbus Special Policy Area on whether the City should advance a Heritage Conservation District Study.
  2. That, staff be directed to report back to the Development Services Committee with the results of the above noted investigation.
• Recommendation

  Mayor Carter resumed the Chair.

CNCL-22-09 - Community Consultation Process Regarding the Interface between Charter Crescent and 8 Townhouse Units on Atwater Path Facing Charter Crescent (Ward 5)

• Recommendation

  Consent Motion:

  That pursuant to Report CNCL-22-09 dated February 16, 2022, Development Services staff be authorized to undertake the community consultation process outlined in Section 5.4 of said Report and report back the Development Services Committee with the results of the consultation on the potential fencing design options for implementation at the interface between the north limit of Charter Crescent and the eight (8) townhouse units on Atwater Path facing Charter Crescent.

• Recommendation
  Amendment:

  That a third option be added to Section 5.4,  'that no fencing barrier be added to the front yards of the eight townhouses facing onto Charter Crescent'.

• Recommendation
  Amendment:

  That a fourth option be added to Section 5.4, 'to construct a 0.9 metre (3ft) high decorative metal fence without gates or gaps'.

• Recommendation

  The vote to adopt the main motion contained in CNCL-22-09, as amended.

CNCL-22-13 - Results of Advisory Committees of Council Review of Report CORP-21-49 Advisory Committees of Council Policy and Various Committee Matters (All Wards)

• Recommendation

  Consent Motion:

  That pursuant to CNCL-22-13 dated February 16, 2022, concerning a review of the Advisory Committees of Council Policy and various other committee matters as outlined in Report CORP-21-49:

  1. That Council adopt the revised Advisory Committees of Council Policy and Procedure as set out in Attachment 1 to said report; and,
  2. That Council adopt the revised Terms of Reference documents for the Advisory Committees as set out in Attachment 3 to said Report which includes the revised composition for the Oshawa Active Transportation Advisory Committee as adopted by Council on December 13, 2021.

Closed Consent Agenda

• Recommendation

  That all items listed under the heading of Closed Consent Agenda for the City Council Meeting dated February 22, 2022 be adopted as recommended except:

  Items DS-22-24, DS-22-37 and DS-22-40 of the Seventy-Fourth Report of the Development Services Committee; and,

  Item FIN-22-10 of the Fiftieth Report of the Finance Committee; and,

  Report CNCL-22-14.

Recess

• Recommendation

  That the meeting recess for 45 minutes.

• Recommendation

  The meeting recessed at 12:48 p.m. and reconvened at 1:30 p.m. with all members of Council in attendance electronically.

Closed Correspondence

None

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 Seventy-Fourth Report.

DS-22-26 - General Motors and City of Oshawa Road Condition Pilot Project (All Wards)

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

• Recommendation

  That, pursuant to Report DS-22-26 dated February 2, 2022, the Director, Economic Development Services be authorized to enter into any required agreement with General Motors in a form and content to the satisfaction of the Commissioner, Development Services Department and the City Solicitor to advance the project.

DS-22-33 - Request by the Optimist Club of Oshawa for Licence Agreement for the continued use of the Laval Park Clubhouse and Parking Lot (Ward 5)

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

• Recommendation
  1. That, pursuant to Report DS-22-33 dated February 2, 2022, the Commissioner, Development Services Department be authorized to enter into a new licence agreement with the Optimist Club of Oshawa for the use of the Laval Park Clubhouse and shared use of the adjacent parking lot at 475 Salisbury Street consistent with the terms and conditions as generally set out in Section 5.5 of said Report and in a form and content satisfactory to the City Solicitor and Commissioners, Development Services, Community Services and Corporate Services; and,
  2. That, pursuant to Report DS-22-33 dated February 2, 2022, the funding in the amount of $90,000 to address critical building requirements to the Laval Park Clubhouse be approved, from an appropriate funding source to be determined by the Commissioner, Finance Services/City Treasurer.

Report of the Finance Committee

The Finance Committee respectfully reports and recommends to City Council its Fiftieth Report.

Closed Staff Reports/Motions

Closed Discussion Agenda

Matters Excluded from Consent Agenda

• Recommendation

  That the meeting recess and reconvene in a session closed to the public pursuant to Section 239 (2) (b)(c)(e)(f) and (i) of the Municipal Act to consider Item DS-22-24 and Item DS-22-37 which are concerning proposed or pending acquisition or disposition of land, Item DS-22-40 concerning litigation or potential litigation, and advice subject to solicitor client privilege, Item FIN-22-10 concerning personal matters about identifiable individuals, including City or local board employees and Report CNCL-22-14 concerning a litigation or potential litigation and advice subject to solicitor-client privilege.

• Recommendation

  The meeting recessed at 1:32 p.m. and reconvened at 1:35 in closed session with all members of Council in attendance electronically.

  Also in attendance were the City Clerk; the Chief Administrative Officer; the Commissioner, Corporate Services Department; the Commissioner, Community Services Department; the Commissioner, Development Services Department; the Commissioner, Finance Services; the Director, Planning Services; the Manager, Development and Urban Design; the Manager, Policy; the City Solicitor; the Executive Director, Human Resources Services; the Lawyer; the Director, Facilities Management Services; and F. Bianchet and J. Lane, Council Committee Coordinators.

  All other staff left the meeting.

  Council entered closed session at 1:35 p.m.

  Closed meeting discussions took place.

• Recommendation

  Closed Report

  All members of Council and staff participating remotely verbally affirmed they were alone.

  Councillor Marimpietri temporarily left the meeting at 2:22 p.m.

  Members of Council questioned the Commissioner, Development Services Department concerning Item DS-22-24.

  The Commissioner, Development Services Department responded to questions from Council.

  A motion to amend the direction to staff concerning Item DS-22-24 was made and voted on in Closed Session.  The amendment Carried.

  A sub-amendment to the amendment providing direction was made and voted on in Closed Session.  The sub-amendment Lost.

  Councillor Giberson temporarily left the meeting at 2:23 p.m.

  Members of Council questioned the Commissioner, Development Services Department concerning Item DS-22-37.

  The Commissioner, Development Services Department responded to questions from Council.

  Councillor Giberson reentered the meeting at 2:25 p.m.

  Members of Council questioned the Chief Administrative Officer concerning Item DS-22-40.

  The Chief Administrative Officer responded to questions from Council.

  Councillor Marks temporarily left the meeting at 2:32 p.m.

  Members of Council questioned the Commissioner, Finance Services concerning Item FIN-22-10.

  The Commissioner, Finance Services responded to questions from Council.

  Council Marimpietri re-entered the meeting at 2:30 p.m.

  Councillor Marks re-entered the meeting at 2:32 p.m.

  Members of Council questioned the Commissioner, Finance Services concerning Item CNCL-22-14.

  The Commissioner, Finance Services responded to questions from Council.

  This concludes the closed meeting summary.

• Recommendation

  That Council rise from closed session and report.

• Recommendation

  Council rose from closed session at 2:41 p.m.

DS-22-24 - Future Use of the City-owned Bus Terminal at 47 Bond Street West (Ward 4)

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

• Recommendation

  Consent Motion:

  That pursuant to Item DS-22-24 dated February 7, 2022 concerning the City-owned bus terminal at 47 Bond Street West, the Commissioner, Development Services Department be directed to proceed as outlined in said Item. 

• Recommendation
  Amendment:

  The vote to adopt the recommendation contained in Item DS-22-24 regarding Future Use of the City-owned Bus Terminal at 47 Bond Street West, as amended in Closed session.

DS-22-37 - Request to Use the City-owned Public Parking Lot (Lot 16) located on the South side of Athol Street East, between Celina Street and Albert Street (Ward 4)

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

• Councillor Marimpietri declared a conflict on this item. (Councillor Marimpietri declared a conflict of interest Item DS-22-37 as he has family members who own property and reside within the area and did not take part in discussion or voting on the matter.)

• Recommendation

  Consent Motion:

  1. That, pursuant to Closed Report DS-22-37 dated February 2, 2022, the air rights and underground rights associated with the City-owned parking lot (Lot 16) on the south side of Athol Street East, between Celina Street and Albert Street be declared potentially surplus to municipal requirements, in order to provide off-site parking for the proposed apartment building development at 47 Simcoe Street South, by Post Office LP (Atria Development) for the purposes of obtaining public input in the event that Council approves their application to amend Zoning By-law 60-94 (File: Z-2021-05) submitted in support of the same.
  2. That, pursuant to Closed Report DS-22-37 dated February 2, 2022, the Commissioner, Development Services Department be directed to advance Option 1 as outlined in Section 5.3.1 of said Report, including obtaining public input, and report back to the Development Services Committee concerning Item 1.

DS-22-40 - Matters related to Revised Applications to Amend Zoning By-law 60-94 and for Approval of a Draft Plan of Subdivision for Lands South of Renaissance Drive, West of Park Road South (Ward 5)

Closed Pursuant to Section 239 (2)(e)(f) of the Municipal Act

• Recommendation

  Consent Motion:

  That pursuant to Closed Meeting Memorandum DS-22-40 dated February 4, 2022, Development Services staff be authorized to advance the recommendation outlined in Section 4.0 of said Memorandum in regard to appeals filed by SO Developments Inc. for the revised applications to amend Zoning By-law 60-94 and for approval of a draft plan of subdivision, for lands located south of Renaissance Drive, west of Park Road South.

FIN-22-10 - 2021 Year End Property Tax Arrears (All Wards)

• Councillor Marks declared a conflict on this item. (Councillor Marks declared a conflict of interest concerning Item FIN-22-10 as he has been retained by a party mentioned in the report on non-related legal matters and did not take part in discussion or voting on the matter.)

• Recommendation

  Consent Motion:

  That Report FIN-22-10 dated February 9, 2022, concerning 2021 Year End Property Tax Arrears be received for information.

CNCL-22-14 - Assessment Appeals (All Wards)

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

• Recommendation

  Consent Motion:

  That the recommendation in Section 5.4 of Report CNCL-22-14 dated February 16, 2022 be approved.

Items Requiring Action

By-Laws

11-2022 - A By-law to Designate the Property Located at 122 Division Street

12-2022 - A By-law a Further Amend Traffic By-law 79-99, as amended

13-2022 - A By-law to Further Amend Traffic By-law 79-99, as amended

15-2022 - A By-law to Further Amend Traffic By-law 79-99, as amended

16-2022 - A By-law to Amend General Fees and Charges By-law 13-2003, as amended

17-2022 - A By-law to Further Amend Noise By-law 112-82, as amended and General Fees and Charges By-law 13-2003, as amended

Matters Tabled

Electronic and In-person City Council and Committee Meetings

Whereas the Province announced October 25, 2021 that COVID protocols have been relaxed for room capacity;

Now therefore City Council and Committee meetings be held under a hybrid framework, with virtual and live-in person Council members and public attendance in accordance with the COVID regulations forthwith. (Tabled December 13, 2021)

• Recommendation

  That the Item concerning electronic and in-person City Council and Committee Meetings be lifted from the table.

• Recommendation

  That the item concerning electronic and in-person City Council and Committee meetings be referred to staff for a report on the procedure to be followed and that the report be on the next Corporate Services Committee Meeting Agenda.

Notices of Motion Previously Given

The following two notices of motion were referred to City Council on January 24, 2022:

• Recommendation

  Whereas Durham Region publishes a Monthly Built For Zero Report Card; and,

  Whereas the Report Card is part of a national change effort through the Canadian Alliance to End Homelessness (CAEH) to help communities end chronic homelessness; and,

  Whereas the Monthly Report Card contains INFLOW and OUTFLOW for the number of people experiencing homelessness “in our community”; and,

  Whereas the data given is terms of a total Region-wide and not for each of the Region’s eight municipalities; and,

  Whereas a breakdown of the data for each of the Region’s eight municipalities would be beneficial and help fulfill the Region’s goal expressed in the Report Card that:

  We hope sharing this information will promote transparency and accountability in our homelessness response”; and
  By taking a close look at the data each month, it can help us 
  •    Focus on the facts (what we know), rather than the narrative (what we think)
  •    Adjust our services
  •    See what needs to be done to end homelessness
  •    Improve the lives of people experiencing homelessness
  Now therefore the City of Oshawa request the Region of Durham to provide a breakdown of the data in its Monthly Built For Zero Report Card to indicated numbers associated with each of the Region’s lower tier municipalities.

• Recommendation

  Whereas 6.2 d) iv) of the Council Procedural By-law states that the Clerk will not place correspondence on an agenda that, in the Clerk’s determination, relates to “Matters which are the subject of an Education and Training Session”

  Whereas public engagement is part of the democratic process;

  Now therefore correspondence related to the subject of an Education and Training Session be placed on an Agenda.

• Recommendation
  Amendment:

  That the matter be referred to staff for a report concerning necessary changes to the current Council Procedural By-Law.

• Recommendation

  Councillor Chapman assumed the Chair.

Notices of Motion

The following three notices of motion are submitted by Mayor Carter:

• Recommendation

  Mayor Carter resumed the Chair.

The following two notices of motion are submitted by Councillor McConkey:

Additional Item

• Recommendation

  That the rules of procedure be waived to introduce a time sensitive motion concerning the Ukraine. (Requires a 2/3 vote of members present)

• Recommendation

  Given the recent events regarding the invasion of the Ukraine by Russia,

  Therefore be it resolved that on behalf of the residents of Oshawa, City Council stands fully with the residents of the Ukraine and that we condemn the actions taken by the Russian Federation to not respect the boundaries of the Ukraine and the will of the Ukrainian people.

Confirming By-Law

• Recommendation

  That the confirming By-law be passed.
  
  (18-2022 - A by-law to confirm the City Council meeting of February 22, 2022).

Adjournment

• Recommendation

  That the meeting be adjourned at 3:13 p.m.