Agenda
City Council


City Council Meeting
Tuesday, September 12, 2017
Tom Davies Square
Brian Bigger, Chair

4:30 p.m. CLOSEDSESSION, COMMITTEE ROOM C-11
6:00 p.m. OPEN SESSION, COUNCIL CHAMBER

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ROLL CALL

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

Resolution to move to Closed Session to deal with one (1) item on the agenda regarding an Acquisition or Disposition of Land, Litigation or Potential Litigation and Solicitor-Client Privilege matter with respect to an access road to the Vermillion River, in accordance with the Municipal Act 2001, s. 239(2)(c)(e)(f).
(RESOLUTION PREPARED)

RECESS

MOMENT OF SILENT REFLECTION

ROLL CALL

DECLARATIONS OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

MATTERS ARISING FROM THE CLOSED SESSION

Deputy Mayor Sizer will rise and report on any matters discussed during the Closed Session. Council will then consider any resolution emanating from the Closed Session.

Consent Agenda

(For the purpose of convenience and for expediting meetings, matters of business of repetitive or routine nature are included in the Consent Agenda, and all such matters of business contained in the Consent Agenda are voted on collectively. A particular matter of business may be singled out from the Consent Agenda for debate or for a separate vote upon the request of any Councillor. In the case of a separate vote, the excluded matter of business is severed from the Consent Agenda, and only the remaining matters of business contained in the Consent Agenda are voted on collectively. Each and every matter of business contained in the Consent Agenda is recorded separately in the minutes of the meeting.)

ADOPTING, APPROVING OR RECEIVING ITEMS IN THE CONSENT AGENDA

(RESOLUTION PREPARED FOR ITEMS C-1 TO C-7)

MINUTES

C-1. 1.1 OP Minutes -Aug 21, 2017 (pdf)

Operations Committee Minutes of August 21, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-2. 2.1 ES Minutes -Aug 21, 2017 (pdf)

Emergency Services Committee Minutes of August 21, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-3. 3.1 CS Minutes -Aug 21, 2017 (pdf)

Community Services Committee Minutes of August 21, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-4. 4.1 PL Minutes -Aug 21, 2017 (pdf)

Planning Committee Minutes of August 21, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-5. 5.1 HC Minutes -Aug 22, 2017 (pdf)

Hearing Committee Minutes of August 22, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

C-6. 6.1 CC Minutes -Aug 22, 2017 (pdf)

City Council Minutes of August 22, 2017
(RESOLUTION PREPARED - MINUTES ADOPTED)

ROUTINE MANAGEMENT REPORTS

C-7. Report dated August 22, 2017 from the General Manager of Corporate Services regarding Dedication of a Bridge in Memory of Sergeant Frederick Davidson.

(RESOLUTION PREPARED)
(This report requests Council's written consent for the naming of a bridge in memory of Sergeant Frederick Davidson, pursuant to the Highway Memorials for Fallen Police Officer Act, 2002.)

7.1 Full Report (pdf)
7.2 Report - Bridge Dedication (pdf)
7.3 Letter from Chief Pedersen (pdf)

Regular Agenda

MANAGERS' REPORTS

R-1. Report dated August 29, 2017 from the Chief Administrative Officer regarding Update on Library/Art Gallery and Synergy Conference Centre Projects.

(RESOLUTION PREPARED)
(This report will provide an update on the projects since June. Council will also be provided with recommended site selection criteria for both projects.)

1.1 Full Report (pdf)
1.2 Synergy LAG Report_29August2017_FINAL (pdf)

BY-LAWS

Draft by-laws are available for viewing by members of the public in the Clerk's Services Department on the day of the meeting. Approved by-laws are publically posted with the meeting agenda on the day after passage.

The following By-Laws will be read and passed:

2017-158

A By-law of the City of Greater Sudbury to Confirm the Proceedings of Council at its Meeting of September 12th, 2017

1 By-law 2017-158 (pdf)

2017-159

A By-law of the City of Greater Sudbury to Amend By-law 2010-1 being a By-law to Regulate Traffic and Parking on Roads in the City of Greater Sudbury

Operations Committee Resolutions #OP2017-13, #OP2017-14 and #OP2017-15

(This by-law amends the Traffic & Parking By-law to implement changes approved by Council related to traffic control at various intersections.)

1 By-law 2017-159 (pdf)

2017-160

A By-law of the City of Greater Sudbury to Authorize the Vesting into the City’s Name of Certain Parcels of Vacant Land within the City of Greater Sudbury and to Write-Off the Outstanding Taxes for the Properties

Planning Committee Resolution PL2017-127

(This by-law authorizes vesting of four properties after a failed tax sale and write-off of outstanding taxes and penalties.)

1 By-law 2017-160 (pdf)

2017-161

A By-law of the City of Greater Sudbury to Deem Lots 136 and 137 on Plan M-932 not to be a Plan of Subdivision for the Purposes of Subsection 4 of Section 50 of the Planning Act

Planning Committee Resolution #PL2017-128

1 By-law 2017-161 (pdf)

2017-162

A By-law of the City of Greater Sudbury to Deem Lots 85, 86 and 87 on Plan M-41 not to be a Plan of Subdivision for the Purposes of Subsection 4 of Section 50 of the Planning Act

Planning Committee Resolution #PL2017-129

1 By-law 2017-162 (pdf)

2017-163Z

A By-law of the City of Greater Sudbury to Amend By-law 2010-100Z being the Comprehensive Zoning By-law for the City of Greater Sudbury

Planning Committee Recommendation #PL2008-25

(This by-law rezones the subject property from “R1-5”, Low Density Residential One to “R2-2”, Low Density Residential Two in order to permit the development of a phase of the Hidden Valley Subdivision - Dalron Construction Limited, Val Caron.)

1 By-law 2017-163Z (pdf)

2017-164Z

A By-law of the City of Greater Sudbury to Amend By-law 2010-100Z being the Comprehensive Zoning By-law for the City of Greater Sudbury

Planning Committee Recommendation #PL2015-172

(This by-law rezones the subject property to “R3(64)”, Medium Density Residential Special in order to permit a townhouse complex comprised of a total of 27 dwelling units - Dalron Construction Limited, Second Avenue, Sudbury.)

1 By-law 2017-164Z (pdf)

2017-165Z

A By-law of the City of Greater Sudbury to Amend By-law 2010-100Z being the Comprehensive Zoning By-law for the City of Greater Sudbury

Planning Committee Resolution #PL2017-90

(This by-law rezones the subject property to “OSR”, Open Space Recreation in order to eliminate the split zoning that results from a proposed lot addition with abutting PIN 73472-0207 (LT) - Solelim Holdings Inc., Tilton Lake Road, Sudbury.)

1 By-law 2017-165Z (pdf)

2017-166Z

A By-law of the City of Greater Sudbury to Amend By-law 2010-100Z being the Comprehensive Zoning By-law for the City of Greater Sudbury

Planning Committee Resolution #PL2017-123

(This by-law does not rezone the subject property. Pursuant to Section 39 of the Planning Act, Council has approved a temporary use by-law in order to allow a foodbank and the use of two storage containers for a three (3) year period ending September 12, 2020 - City of Greater Sudbury, 4611 St. Joseph Street, Hanmer.)

1 By-law 2017-166Z (pdf)

MOTIONS

M-1. Access to Vermilion River
Motion as presented by Councillor Vagnini:

WHEREAS a “trespass road” known as Wirtanen Road extends from Lorne Falls Road to the Vermilion River over Lot 10, Concession 3 in the geographic Township of Lorne, Greater Sudbury and, Whereas the “trespass road” crosses two other private properties as well and,

WHEREAS the “trespass road” has been in continuous use to provide access to the Vermilion River and properties on the both sides of the river for more than 100 years and,

WHEREAS users of the access include, property owners on the both sides of Vermilion River, Municipal agencies, Provincial agencies, volunteer public groups and the general public and,

WHEREAS this “trespass road” was constructed and maintained for many years under Provincial Order by the personal labour of the property owners having access to their properties in lieu of property taxes and,

WHEREAS a series of Provincial and Municipal governments have previously and as recently as the Regional Municipality of Sudbury through the previous Corporation of the Town of Walden confirmed in writing and demonstrated jurisdiction for this “trespass road” providing minimal maintenance to the road since inception more than 100 years ago and,

WHEREAS the City of Greater Sudbury has continued that same level of minimal cost maintenance from amalgamation to the spring of 2016 and,

WHEREAS no documentation has been found to close this “trespass road” as required by statute and,

WHEREAS statutes regarding closure of access to water and waterways prohibit closure of such accesses and,

WHEREAS a new owner of one trespasses property has barred continued access to a portion of the road and demanded compensation from other property owners and,

WHEREAS City staff has chosen not to assert continued jurisdiction over a portion of the access road and,

WHEREAS no motion has been brought before Council to cease jurisdiction of this trespass road and,

WHEREAS no motion has been brought before Council to authorize transfer of jurisdiction to private individuals without compensation and,

WHEREAS abandoning of jurisdiction will results in undue benefit to the property owner and has already comprised the property value of the owners historically being services by the “trespass roads” and,

WHEREAS abandoning of jurisdiction without following due process as required by statute will result in numerous “trespass roads” throughout the City turning neighbours against neighbours and will require either construction of new access to many properties or compensating existing owners of properties for purchase of the existing access ways and,

WHEREAS the site has for many years been a major roe harvesting location for the walleye restocking program and facilitates the harvesting of more than five million eggs or ten percent of the program annually essential to the game fish population and health of numerous lakes in the Sudbury District.

THEREFORE BE IT RESOLVED THAT City staff is hereby directed to continue jurisdiction of this “trespass road” and others that exist throughout the City of Greater Sudbury until due process as required by statute has been adhered to.

BE IT FURTHER RESOLVED THAT maintenance of these “trespass roads” will be done in accordance with established practice.

ADDENDUM

CIVIC PETITIONS

QUESTION PERIOD AND ANNOUNCEMENTS

NOTICES OF MOTION

ADJOURNMENT

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