CITY OF POINTE-CLAIRE

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1 CITY OF POINTE-CLAIRE MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF POINTE- CLAIRE, HELD AT CITY HALL, 451 SAINT-JEAN BOULEVARD, POINTE-CLAIRE, QUEBEC, ON TUESDAY FEBRUARY 4, 2014, AT 7:30 P.M., AFTER DUE NOTICE HAD BEEN DELIVERED BY THE PUBLIC SECURITY DIVISION ON FRIDAY JANUARY 31, PRESENTS: Councillors K. Thorstad-Cullen, C. Homan, P. Bissonnette, C. Cousineau, J.-P. Grenier, A. Iermieri and D. Smith chaired by His Worship Mayor Morris Trudeau forming a quorum of council. ABSENT: Councillor J. Beaumont. Mr. Nicolas Bouchard, Eng., City Manager, and Me Jean-Denis Jacob, Director of Legal Affairs and City Clerk, are also in attendance ADOPTION OF THE AGENDA It is moved by Councillor Cousineau, TO approve the agenda submitted for this meeting with the following modification: - Removal of item concerning a notice of motion and the adoption of a first draft by-law amending Construction By-law PC so as to specify the rules applicable to fire lanes and to emergency power generators for certain structures ADOPTION OF MINUTES It is moved by Councillor Homan, Seconded by Councillor Grenier, and unanimously TO approve the French version and the English version of the minutes of the regular council meeting held on January 14, APPROVAL RECOMMENDATIONS FROM THE TRAFFIC COMMITTEE MEETING OF JANUARY 23, 2014 Seconded by Councillor Smith, and unanimously TO approve the recommendations contained in the minutes of the Traffic Committee meeting held on January 23, QUESTION PERIOD Questions are addressed to the members of Council by the following persons concerning the subjects indicated below: Mr. Pierre Provençal, of 35 Maywood Avenue, apartment number 5: - Security of pedestrian circulation in the sector of Maywood Avenue and difficulties accessing the button activating the traffic lights allowing pedestrians to cross the street safely; Mr. Marcel Montpetit, of 9 Golf Avenue: - Questions regarding item of the agenda concerning the selection criteria for the professional services related to the preparation of a draft Particular Planning Programme for the Pointe- Claire Village; - Unsatisfactory snow removal operations near Saint-Joachim Church; 1519

2 Mr. Yvon Calbert, of 151 Douglas-Shand Avenue: - Unsatisfactory snow removal operations on Douglas-Shand and Inglewood Avenues; - Possibility for the City to pressure for the reduction of the speed of freight trains; Mrs. Stella Haley, of 61 Hillside Avenue : - Objection to the presence of pipelines in the West-Island and request for information meetings to be held on the matter; Mr. Ken Wadden of 154 Sunderland Avenue: - Increase of municipal taxes for 2014 and possibility to pay them in installments; ADOPTION BY-LAW CONCERNING THE ADOPTION OF A REVISED CODE OF ETHICS AND GOOD CONDUCT FOR THE ELECTED MUNICIPAL OFFICERS OF THE CITY OF POINTE-CLAIRE WHEREAS a copy of the draft by-law has been given to Council draft by-law and waive its reading; It is moved by Councillor Cousineau, TO adopt the By-law respecting the adoption of a revised code of ethics and good conduct for elected municipal officers of the City of Pointe- Claire, the text of this by-law is attached to decision making file number ADOPTION BY-LAW DECREEING THE EXECUTION OF REHABILITATION WORKS ON WATERMAINS LOCATED IN GUN AND NORDIC AVENUES AND A LONG TERM BORROWING OF $500,000 FOR THIS PURPOSE WHEREAS a copy of the draft by-law has been given to Council Seconded by Councillor Grenier, and unanimously TO adopt the By-law decreeing the execution of rehabilitation works on water mains located in Gun and Nordic Avenues and a long term borrowing of $500,000 for this purpose, the text of this by-law is attached to decision making file number ADOPTION - BY LAW DECREEING A LONG TERM BORROWING AND CAPITAL INVESTMENT EXPENSES OF $3,470,000 FOR WORKS PERTAINING TO CYCLE AND PEDESTRIAN PATH, RECONSTRUCTION, STRUCTURAL WORK, ROADS, WATERMAIN, STORM AND SANITARY SEWERS AND BUILDINGS WHEREAS a copy of the draft by-law has been given to Council It is moved by Councillor Bissonnette, TO adopt the By-law decreeing works pertaining to the redevelopment of cycle paths and pedestrian pathways, to the renovation of building and structures as well as to water and sewer works and decreeing a 1520

3 long term borrowing of $3,470,000 for these purposes, the text of this by-law is attached to decision making file number ADOPTION BY-LAW AMENDING ZONING BY-LAW PC-2775 WITH RESPECT TO CERTAIN PROVISIONS PARTICULAR TO RESIDENTIAL ZONES, SO AS TO SPECIFY PROVISIONS APPLICABLE TO ENCROACHMENTS IN THE MINIMUM SETBACKS; TO SPECIFY THE MAXIMUM FLOOR AREA FOR GARAGES; TO SPECIFY THE RULES APPLICABLE TO THE USE OF REAR SETBACKS SO AS TO INSURE THAT A MINIMUM GREEN AREA BE KEPT IN A REAR YARD; TO CLARIFY THE DEFINITION OF THE WORD VERANDAH ; TO SPECIFY THE DEVELOPMENT RULES APPLICABLE TO CAR DEALERSHIPS IN ZONES RC28 AND RE48 (AUTO-PLAZA AVENUE) AND TO SPECIFY THE RULES APPLICABLE TO INDUSTRIAL USES IN ZONES RE41 (HYMUS BOULEVARD), INTERSECTION WITH DELMAR AVENUE AND RF3 (HYMUS BOULEVARD, NORTH SIDE, BETWEEN ALSTON AND STILLVIEW AVENUES WHEREAS a copy of the draft by-law has been given to Council It is moved by Councillor Grenier, TO adopt the By-law amending Zoning By-law PC-2775 with respect to certain provisions particular to residential zones, so as to specify provisions applicable to encroachments in the minimum setbacks; to specify the maximum floor area for garages; to specify the rules applicable to the use of rear setbacks so as to insure that a minimum green area be kept in a rear yard; to clarify the definition of the word verandah ; to specify the development rules applicable to car dealerships in zones Rc28 and Re48 (Auto-Plaza Avenue) and to specify the rules applicable to industrial uses in zones Re41 (Hymus Boulevard), intersection with Delmar Avenue) and Rf3 (Hymus Boulevard, north side, between Alston and Stillview Avenues), the text of this by-law is attached to decision making file number ADOPTION BY-LAW AMENDING ZONING BY-LAW PC-2775 TO SPECIFY THE PERMITTED WIDTH OF SINGLE FAMILY HOMES IN RELATION WITH THE FRONTAGE WIDTH OF A LANDSITE WHEREAS a copy of the draft by-law has been given to Council It is moved by Councillor Cousineau, Seconded by Councillor Smith, and unanimously TO adopt the By-law amending Zoning By-law PC-2775 to specify the permitted width of single family homes in relation with the frontage width of a landsite, the text of this by-law is attached to decision making file number NOTICE OF MOTION BY-LAW AMENDING ZONING BY-LAW PC RESPECTING THE USE OF PROPANE CONTAINERS WITH A CAPACITY OF 15.9 KILOGRAMS (35 LBS) OR MORE IN COMMERCIAL, INDUSTRIAL AND RESIDENTIAL ZONES OF GAS CONTAINERS AND OF STORAGE CONTAINERS IN INDUTRIAL ZONES, AS WELL AS THE STORAGE FOR SALE PURPOSES OF PROPANE CONTAINERS FOR RECREATIONAL BARBECUES IN COMMERCIAL ZONES Councillor Iermieri gives notice that a draft by-law amending Zoning Bylaw PC-2775 respecting the use of propane containers with a capacity of 15.9 kilograms (35 lbs) or more in commercial, industrial and residential zones, of gas containers and of storage containers in 1521

4 industrial zones, as well as the storage for sale purposes of propane containers for recreational barbecues in commercial zones, will be submitted for adoption at a subsequent meeting and exemption of the reading is given ADOPTION FIRST DRAFT BY-LAW AMENDING ZONING BY-LAW PC-2775 RESPECTING THE USE OF PROPANE CONTAINERS WITH A CAPACITY OF 15.9 KILOGRAMS (35 LBS) OR MORE IN COMMERCIAL, INDUSTRIAL AND RESIDENTIAL ZONES OF GAS CONTAINERS AND OF STORAGE CONTAINERS IN INDUTRIAL ZONES, AS WELL AS THE STORAGE FOR SALE PURPOSES OF PROPANE CONTAINERS FOR RECREATIONAL BARBECUES IN COMMERCIAL ZONES Seconded by Councillor Smith, and unanimously TO adopt a first draft by-law amending Zoning By-law PC-2775 respecting the use of propane containers with a capacity of 15.9 kilograms (35 lbs) or more in commercial, industrial and residential zones, of gas containers and of storage containers in industrial zones, as well as the storage for sale purposes of propane containers for recreational barbecues in commercial zones NOTICE OF MOTION BY-LAW AMENDING BY-LAW PC-2642 PERTAINING TO THE GRANTING OF PERMITS TO PEDDLERS Councillor Smith gives notice that a by-law amending By-law PC-2642 pertaining to the granting of permits to peddlers, will be submitted for adoption at a subsequent meeting and exemption of the reading is given NOTICE OF MOTION BY-LAW AMENDING BY-LAW PC-2662 CONCERNING THE MUNICIPAL WORKS AGREEMENTS Councillor Homan gives notice that a by-law amending By-law PC-2662 concerning the municipal works agreements will be submitted for adoption at a subsequent meeting and exemption of the reading is given ADOPTION FIRST DRAFT BY-LAW AMENDING BY-LAW PC-2662 CONCERNING THE MUNICIPAL WORKS AGREEMENTS It is moved by Councillor Homan, TO adopt a first draft by-law amending By-law PC-2662 concerning the municipal works agreements REFUSAL MINOR EXEMPTION TO ZONING BY-LAW 6815 TRANS-CANADA HIGHWAY It is moved by Councillor Smith, TO refuse to grant a minor exemption concerning the installation of two signs on the same façade of a commercial establishment located at 6815 Trans-Canada Highway local F-017 ( The Keg Restaurant) instead of a sign per façade for each street which the property faces, as work on the installation of these signs are either in progress or have been executed without having been subject to the prior issuance of a building permit or certificate of authorization in accordance with applicable regulations NOTICE OF MOTION AND ADOPTION OF THE FIRST DRAFT BY- LAW AMENDING THE CONSTRUCTION BY-LAW PC-2786 SO AS TO SPECIFY THE RULES APPLICABLE TO FIRE LANES AND TO EMERGENCY POWER GENERATORS FOR CERTAIN STRUCTURES The item concerning a notice of motion and the adoption of the first draft of a by-law amending Construction By-law PC-2786 so as to specify the rules applicable to fire lanes and to emergency power 1522

5 generators for certain structures has been removed from the agenda ADOPTION BY-LAW AMENDING BY-LAW PC-2718 RESPECTING THE DEMOLITION OF IMMOVABLES WHEREAS a copy of the draft by-law has been given to the Council TO adopt the By-law amending By-law PC-2718 respecting the demolition of immovables, the text of this by-law is attached to decision making file number ADOPTION BY-LAW AMENDING BY-LAW PC-2708 RESPECTING THE PLANNING ADVISORY COMMITTEE WHEREAS a copy of the draft by-law has been given to the Council It is moved by Councillor Thorstad-Cullen; Seconded by Councillor Cousineau, and unanimously TO adopt the By-law amending By-law PC-2708 respecting the Planning Advisory Committee, the text of this by-law is attached to decision making file number AUTHORIZATION ANNUAL CONVENTION FEDERATION OF CANADIAN MUNICIPALITIES (FCM) TO authorize Mayor Trudeau and councillors Paul Bissonnette, Aldo Iermieri, Jean-Pierre Grenier, Dennis Smith, Jack Beaumont and Councillor Cynthia Homan to represent the at the Federation of Canadian Municipalities (FCM) convention to be held from May 30 to June 2, 2014, at Niagara Falls, Ontario; TO authorize the reimbursement of the expenses incurred by these persons for their participation at this convention, as per the policy in force; TO charge the expenses related to this authorization to Budget Accounts and , the whole as indicated on Certificate No issued by the Treasurer on February 5, AUTHORIZATION DIRECTOR OF ENGINEERING AND BUILDINGS It is moved by Councillor Smith, Seconded by Councillor Cousineau, and unanimously TO authorize the director of Engineering and Buildings Department, Mr. Stéphane Carbonneau, Eng., to submit, on behalf of the City of Pointe- Claire, requests for street lighting, pathways and traffic lights to Hydro- Québec for 2014, as detailed below: - Installation of lights; - Lights connection; - Network connection only; - Connection to joint terminals; - Removal of lights; - Moving of lights; - Maintenance of lights; - Disconnection; - Reconnection; 1523

6 TO appoint as substitute, in the absence of the latter, the coordinatorbuildings and collective equipments of the Engineering and Building Department, Mrs. Geneviève Rocheleau; TO inform Hydro-Québec of any change in the amount or intensity of lights on the municipal network AUTHORIZATION DIRECTOR OF ENGINEERING AND BUILDINGS It is moved by Councillor Grenier, TO authorize the director of Engineering and Buildings Department to submit on behalf of the a certificate of compliance of works to the Ministère du Développement durable, Environnement, Faune et Parcs for AUTHORIZATION DIRECTOR OF ENGINEERING AND BUILDINGS It is moved by Councillor Bissonnette; Seconded by Councillor Smith, and unanimously TO authorize the director of Engineering and Buildings Department to submit on behalf of the the approbation request to the Ministère du Développement durable, Environnement, Faune et Parcs and the Direction de la gestion stratégique des réseaux d eau de la Ville de Montréal for ADOPTION - UPDATED VERSION OF THE INFRASTRUCTURES RECONSTRUCTION MASTER PLAN It is moved by Councillor Homan, Seconded by Councillor Iermieri, and unanimously TO adopt the updated version of the infrastructures reconstruction master plan dated February 2012, with the following corrections and modifications: - Tables showing the lists of segments of priority drinking water pipes and the list of segments of priority water mains according to the Ministère des Affaires municipales, des Régions et de l Occupation du territoire dated October 7, 2013; - Letter of MAMROT dated October 8, 2013; - Infrastructures Reconstruction Master Plan comments attached to the MAMROT letter mentioned above indicating the lines recognized as a short-term priority by the Ministry and the comments to be considered when making a future version of the master plan; AUTHORIZATION PAYMENT OF THE WORKS CARRIED OUT BY HYDRO-QUEBEC PERTAINING TO THE SAINT-JEAN SANITARY COLLECTOR PROJECT It is moved by Councillor Thorstad-Cullen; Seconded by Councillor Cousineau, and unanimously TO authorize an additional expense for an amount of $20,561.06, taxes included, concerning the letter of agreement for the actual cost of work between the and Hydro-Quebec pertaining to the electrical connection work of the pump station as part of the Saint-Jean sanitary collector project; TO grant Hydro-Quebec a surplus of $20,561.06, taxes included, increasing the amount of the initial agreement of $29,616.11, taxes included, to an amount of $50,177.17, taxes included; TO charge this expense from the available funds in virtue of borrowing By-law PC-2776 (Budget Account ). 1524

7 AUTHORIZATION TRANSFER OF AVAILABLE FUNDS IN THE POINTE-CLAIRE VOLUNTEER RESCUE UNIT BUDGET It is moved by Councillor Cousineau, TO authorize, every year, the transfer of the available funds allocated to the Pointe-Claire Volunteer Rescue Unit of Pointe-Claire s budget for an amount not exceeding the month of December remaining balance, to the In-Trust account created for this group ( ) FILING LIST OF BUDGET AMENDMENTS, PURCHASE ORDERS AND THE REGISTER OF VOUCHERS The detailed lists of budget amendments dated January 21, 2014, are filed and members of council take note; The list of purchases for the period included between December 16, 2013, and January 23, 2014, is filed and members of council take note; The register of vouchers for the period of December 1, 2013, to January 17, 2014, is filed and the members of council take note APPROVAL DEED OF TRANSFER BETWEEN THE CITY OF POINTE-CLAIRE AND VERTEX CONSTRUCTION INC. It is moved by Councillor Smith, TO approve the draft deed of transfer of a vacant land designated as lot of the cadastre of Quebec to intervene between the City of Pointe-Claire and Vertex Construction Inc. as long as this act is substantially conforming to the one prepared by Me Émile Descary, notary, and attached to decision making file number ; TO authorize the Mayor or in his absence the Pro-Mayor and the City Clerk or in his absence the Assistant City Clerk to sign the deed of transfer for and on behalf of the APPROVAL DEED OF SERVITUDE BETWEEN THE CITY OF POINTE-CLAIRE AND VICTOR WOO AND FRANCINE HENG It is moved by Councillor Grenier, Seconded by Councillor Iermeri, and unanimously TO approve the draft deed of servitude to intervene between the City of Pointe-Claire, Victor Woo and Francine Heng allowing the City of Pointe-Claire to install municipal services on part of lot of the cadastre of Quebec, as long as this draft is substantially conforming to the one prepared by Me Émile Descary, notary, and attached to decision making file number ; TO authorize the Mayor or in his absence the Pro-Mayor and the City Clerk or in his absence the Assistant City Clerk to sign the deed of servitude for and on behalf of the APPROVAL AGREEMENT BETWEEN THE CITY OF POINTE- CLAIRE AND CANADIAN PACIFIC RAILWAY (CP) SECURITY WORK ON SAINT-JEAN BOULEVARD STRUCTURE OVER CANADIAN NATIONAL RAILWAY COMPANY (CN) AND CP PROPERTIES AND DONEGANI AVENUE It is moved by Councillor Bissonnette, Seconded by Councillor Smith, and unanimously TO approve the agreement to intervene with Canadian Pacific Railway (CP) for the realization of security work on Saint-Jean Boulevard structure over Canadian National Railway Company (CN) and CP properties and Donegani Avenue; Subject to the reception of the confirmation from its insurers to the effect that the City observes and fulfills the requirements of railway insurance set out in article 2 and appendix 1 of the draft contract, to authorize Mr. Stéphane Carbonneau, Eng., director of Engineering and 1525

8 Buildings Department to sign this agreement for and on behalf of the, as long as the final version is substantially conforming to the project attached to decision making file number APPROVAL AGREEMENT BETWEEN THE CITY OF POINTE- CLAIRE AND CANADIAN NATIONAL RAILWAY (CN) SECURITY WORK ON SAINT-JEAN BOULEVARD STRUCTURE OVER CANADIAN PACIFIC RAILWAY (CP) AND CN PROPERTIES AND DONEGANI AVENUE It is moved by Councillor Thorstad-Cullen, TO approve the agreement to intervene with Canadian National Railway (CN) for the realization of security work on Saint-Jean Boulevard structure over Canadian Pacific Railway (CP) and CN properties and Donegani Avenue; Subject to being able to submit the certifications required with regards to liability insurance, to authorize Mr. Stéphane Carbonneau, Eng., to sign any document required with Canadian National Railway authorities for the to be authorized to repair the road bridge of Saint-Jean Boulevard over CN properties in Pointe-Claire, which among other documents is attached to decision making file number APPROVAL SELECTION CRITERIA FOR PROFESSIONAL SERVICES RELATED TO THE RECONSTRUCTION OF THE POOL AT ARTHUR-SÉGUIN PARK It is moved by Councillor Homan, Seconded by Councillor Grenier, and unanimously TO approve the selection criteria for professional services related to the reconstruction of the pool at Arthur-Séguin Park, as these criteria are set out in decision making file number APPROVAL SELECTION CRITERIA FOR PROFESSIONAL SERVICES RELATED TO QUALITY CONTROL AND SOIL STUDIES Seconded by Councillor Cousineau, and unanimously TO approve the selection criteria for professional services related to quality control and soil studies, as these criteria are set out in decision making file number APPROVAL SELECTION CRITERIA FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A PARTICULAR PLANNING PROGRAMME FOR POINTE-CLAIRE VILLAGE It is moved by Councillor Cousineau, Seconded by Councillor Bissonnette, and unanimously TO approve the selection criteria for professional services related to the preparation of a Particular Planning Programme (PPU) for Pointe-Claire Village, as these criteria are set out in decision making file number AWARDING OF A CONTRACT PAVEMENT CORRECTION AND VARIOUS FINISHING WORKS IN ALSTON AND SEDGEFIELD AVENUES It is moved by Councillor Grenier, Seconded by Councillor Iermieri, and unanimously TO award a contract for the execution of pavement correction of the surface and various finishing works in Alston and Sedgefield Avenues (Project ) to La Compagnie Meloche Inc., which provided the lowest bid, for a total amount of $270,988.50, taxes included, in conformity with the tender documents number PG140001; 1526

9 TO charge this expense to Budget Account , the whole as indicated to Certificate No issued by the Treasurer on January 23, AUTHORIZATION CHANGE ORDERS RECONSTRUCTION OF SERVICES IN DOUGLAS-SHAND AVENUE BETWEEN INGLEWOOD AVENUE AND SAINT-JEAN BOULEVARD AND IN THE THREE DEAD ENDS OF HEATHER, CHESTNUT AND OAKRIDGE AVENUES TO approve the change orders indicated on the list of modifications to the contract joined to decision making file number , for a total amount of $39,308.32, taxes included; TO authorize, in consequence, an additional expense for the same amount of $ , taxes included, concerning the reconstruction of services in Douglas-Shand Avenue between Inglewood Avenue and Saint-Jean Boulevard and in the three dead ends of Heather, Chestnut and Oakridge Avenues; TO authorize the increase of the contract awarded to Construction G- Nesis Inc. for the same amount of $39,308.32, taxes included, increasing the total amount of the contract to an amount of $3,285,125.68, taxes included; TO charge this expense to Budget Account , the whole as indicated on Certificate No issued by the Treasurer on January 21, AUTHORIZATION CHANGE ORDERS SECURING WORKS OF SAINT-JEAN BOULEVARD STRUCTURE OVER CANADIAN NATIONAL RAILWAY (CN) AND CANADIAN PACIFIC RAILWAY (CP) PROPERTIES AND DONEGANI AVENUE It is moved by Councillor Smith, TO approve the change orders indicated on the list of modifications to the contract joined to decision making file number , for a total amount of $28,258.55, taxes included; TO authorize, in consequence, an additional expense for the same amount of $28,258.55, taxes included concerning securing works of Saint-Jean Boulevard structure over CN and CP properties and Donegani Avenue; TO authorize the increase of the contract awarded to Construction Concreate Ltd. for the same amount of $28,258.55, taxes included, increasing the total amount of the contract to an amount of $47,229.43, taxes included; TO charge this expense to Budget Account , the whole as indicated on Certificate No issued by the Treasurer on January 21, FILING LIST OF STAFF CHANGES BY DELEGATED DECISIONS FOR THE MONTH OF DECEMBER 2013 The list of staff changes by delegated decisions for the month of December 2013, as prepared by Mr. Vincent Proulx, Planner Human Resources, is filed and members of council take note APPROVAL LIST OF NON-DELEGATED STAFF CHANGES OF FEBRUARY 4, 2014 It is moved by Councillor Thorstad-Cullen TO approve the list of non-delegated staff changes for the period ending on, as signed by Mr. Nicolas Bouchard, 1527

10 director general and Mrs. Marie-Josée Boissonneault, Administrative Services Director and Treasurer. The City Manager, Mr. Nicolas Bouchard, Eng., informs the members of Council and citizens present that the next council meeting will be recorded and captured by cameras installed in the room to allow eventually the realization of a webcasting project of the council meetings The recording of the next meeting does not constitute Council final decision, but merely a pilot project to allow assessment of the impact of this practice CLOSURE It is moved by Councillor Smith, Seconded by Councillor Bissonnette, and unanimously TO hereupon adjourn this meeting at 8:10 p.m. Morris Trudeau, Mayor Jean-Denis Jacob, City Clerk 1528

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