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MINUTES - Council - 20030304 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 03-07 Council Chambers Aurora Town Hall Tuesday, March 4, 2003 ATTENDANCE COUNCIL MEMBERS Deputy Mayor West in the Chair; Councillors Griffith, Kean, Timpson, MacEachern, Pedersen, Vrancic and Wallace. MEMBERS ABSENT: Mayor Jones was absent on vacation. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Planning, Director of Public Works, Director of Leisure Services, Treasurer and Council/ Committee Secretary. The Deputy Mayor called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the content of the Agenda be approved as presented, with the addition of the following:  Delegation requests from Mr. Thomas Keates, Ms Teresa Whitelaw and Ms Janet Reevie re: Item 8 (160 Wellington Street East)  Correspondence from Mr. Nik Mracic, Project Manager of Metrus Development Inc., re: St. John’s Road Development Cop., Draft Plan D12-00-1A, Subdivision Agreement (Phase 1) - Approval CARRIED III ADOPTION OF MINUTES Council Meeting No. 03-06, Tuesday, February 25, 2003. Moved by Councillor MacEachern Seconded by Councillor Kean THAT Item 4(7) of the Council Minutes of Meeting Number 03-06, pertaining to report PL03-001 - Yonge Street South Urban Expansion Area Official Plan Amendment No. 34 be deferred to the next meeting of Council for clarification of the wording within the amendment. CARRIED Aurora Council Minutes No. 03-07 Page 2 Tuesday, March 4, 2003 Moved by Councillor Kean Seconded by Councillor Wallace THAT the remainder of the Council Minutes of Meeting Number 03-06 be adopted as printed and circulated. CARRIED IV PRESENTATIONS Presentation of Heritage Plaques to the owners of Red House and the former Sisman Shoe Factory Councillor MacEachern provided a history of each of the properties being recognized this evening with a Historical Plaque. Councillor MacEachern and presented Mr. Tom Ntoulas of the Red House and Katherine Newell of 34 Berczy Street with the official Heritage Plaques for each of their properties, and thanked them for preserving and protecting part of Aurora’s valuable history. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to Council and Staff be authorized to take all necessary action required to give effect to same: 3. ADM03-007 - Proposed Acquisition of Land from Hydro One Networks Inc. Amberhill Way Turning Circle THAT Staff be directed to enter into negotiations with Ontario Realty Corporation respecting the acquisition of lands and temporary easement for grading purposes from Hydro One Networks Inc. required for a proposed turning circle at the east end of Amberhill Way. 4. ADM03-008 - 2002 Annual Report THAT the 2002 Annual Report for the Town of Aurora be received as information. 13. Memo from Mayor Jones Re: Former Water Tower – Davis Road THAT the Region of York be requested to transfer the Davis Road Water Tower Lands back to the Town of Aurora. 14. TR03-006 - Management Information Systems Strategic Plan Update – Award RFP TR2003-08 THAT Council authorize staff to engage Prior & Prior Associates Ltd. based on their response to Request for Proposal #TR2003-08 to a maximum of $33,500 for purposes of completing the Management Information Systems Strategic Plan Update Study. THAT staff be directed to present to Council the Management Information System strategic plan update study upon completion of this review. Aurora Council Minutes No. 03-07 Page 3 Tuesday, March 4, 2003 15. PW03-011 - Award of Tender No. PW-2003-05 - Reconstruction of Child Drive and Baldwin Road (from Child Drive to Henderson Drive) THAT Tender No. PW-2003-05 the "Reconstruction of Child Drive and Baldwin Road", be awarded to the North Rock Group Ltd. at its tendered price of $836,303.34; THAT Council authorize the re-allocation of project variances on an as needed basis, by funding source, in the amounts of $29,893.72 and $6,454.60 from the sewer/water and storm reserves respectively for this project; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and the North Rock Group Ltd. for the reconstruction of Child Drive and Baldwin Road. CARRIED VII DELEGATIONS Dr. Hanif S. Kassam, Director of Public Health Programs for York Region re: West Nile Virus Issues Dr. Hanif Kassam provided a thorough presentation outlining the causes transferability, progression, signs and symptoms of West Nile Disease. Dr. Kassam advised that the Region of York has taken a leadership role in the efforts to monitor and control the growing presence of this disease within the Region. Dr. Kassam indicated that the Town of Aurora should report all dead birds on Town property to the Region of York, direct calls regarding dead birds to the Health Connection Line, maintain an inventory and take measures to reduce the number of mosquito breeding sites and strictly enforce the Standing-Water By-law within the Town of Aurora. Dr. Kassam closed by advising that the residents may call the York Region Health Connection Line 1-800-361-5653 to ask questions or report any incidents of dead bird sightings or potential mosquito breeding grounds. Moved by Councillor Griffith Seconded by Councillor Kean THAT the comments of the delegate be received for information. CARRIED Mr. Thomas Keats of 160 Wellington Street East, re: Item #8 Mr. Thomas Keats advised that he had met with staff to discuss his ongoing concerns about the proposed alterations to the roof-top garden and fence to be built around the parking lot at 160 Wellington Street. Mr Keats indicated that staff were very helpful in relieving his concern with regard to the Town’s vision for the garden and the fence, however he advised that he is still unclear about the owners proposal for the fence. Mr. Keats indicated that the tenants in this condominium are anxious to see the Site Plan of Condominium approved, so that the building can be registered and the tenants can legally purchase their units. Moved by Councillor Pedersen Seconded by Councillor Wallace THAT the comments of the delegate be received for information. CARRIED Aurora Council Minutes No. 03-07 Page 4 Tuesday, March 4, 2003 Moved by Councillor MacEachern Seconded by Councillor Kean THAT Item #8 be brought forward for consideration at this time. CARRIED 8. Item Deferred from February 25, 2003 Council Meeting re: Proposed Site Plan Amendment and Condominium 160 Wellington Street East Moved by Councillor Griffith Seconded by Councillor Timpson THAT the item be deferred until such time that staff is able to provide a report to Council, incorporating all of the pending information, which is required to be provided by the applicant. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. ADM03-004 - Torresdale Construction Limited Agreement to Replace Condominium Conversion Agreement (D07-97001) Moved by Councillor MacEachern Seconded by Councillor Kean THAT the Procedural by-law be waived and Councillor Vrancic be permitted to speak to the issue a third time. CARRIED RECESS TO PROCEED IN CAMERA (8:15 p.m.) Legal Matter Moved by Councillor MacEachern Seconded by Councillor Timpson THAT Council recess to proceed In Camera to address a legal matter regarding this item. CARRIED RECONVENE FROM IN CAMERA TO RESUME COUNCIL MEETING (8:30 p.m.) Moved by Councillor MacEachern Seconded by Councillor Timpson THAT Council reconvene from in-camera and resume the meeting. CARRIED Moved by Councillor Vrancic Seconded by Councillor Timpson THAT the Item be deferred for a three week period, in order to permit the CAO’s office to notify again, the 27 affected tenants, who may have rights within the existing agreement, as to the proposed sale of the condominium, and ask them if they have any objections; and further THAT the item be brought back to the March 25th Council meeting with any comments from the affected tenants. CARRIED Aurora Council Minutes No. 03-07 Page 5 Tuesday, March 4, 2003 2. ADM03-005 - 1207309 Ontario Inc. (Magna) Request for Conveyance of Reserve Block 13, Plan 65M-3436 Moved by Councillor Vrancic Seconded by Councillor Griffith THAT Staff be directed to advertise the conveyance of certain lands described as Block 13, Plan 65M-3436, in the local newspaper for two (2) consecutive weeks; and THAT upon hearing no adverse comments from the public notice, Staff introduce the necessary land sale by-law for Council’s consideration at a future meeting. CARRIED 5. CS03-010 - Workplace Safety and Insurance Board Program Review - Consultant Selection Moved by Councillor Kean Seconded by Councillor Griffith THAT staff be authorized to engage the services of Heath Lambert Benefits Consultant to review the Town's participation in the insurance plan of the Workplace Safety and Insurance Board (formerly known as the Worker’s Compensation Board) and to provide a report on any cost benefits that may be achieved through a plan adjustment. CARRIED 6. PL03-019 - Site Plan Agreement and Removal of the (H) Holding Designation Home Depot Holdings Inc. 15320 Bayview Avenue Part of Lot 81, Concession 1 EYS D11-10-02 and D14-12-02 Moved by Councillor Kean Seconded by Councillor MacEachern THAT, subject to payment of fees and securities, Council authorize the Mayor and Clerk to enter into a Site Plan Agreement between Home Depot Holdings Inc., the Town of Aurora and the Region of York for the construction of Building Supply Outlet and Garden Centre. THAT, subject to the approval of the above noted site plan agreement, Council enact By-law 4407-03.D to remove the Holding (H) designation from the subject lands. CARRIED 7. PL03-020 - Official Plan Amendment Application 1207309 Ontario Inc. (Magna) Part of Lot 21, Concession 2 E.Y.S D09-02-03 Moved by Councillor Griffith Seconded by Councillor Timpson THAT Council receive as information the following overview of Official Plan Amendment application D09-02-03 regarding Part of Lot 21, Concession 2 E.Y.S. scheduled for the April 23, 2003 Public Planning Meeting. CARRIED Aurora Council Minutes No. 03-07 Page 6 Tuesday, March 4, 2003 9. Notice of Motion from Councillor Kean Re: Farmers Market Moved by Councillor Kean Seconded by Councillor Vrancic THAT the Town of Aurora Council approve the operation of the Farmers Market sponsored by the Economic Development Advisory Committee - Yonge Street Commercial Area Sub-Committee commencing Saturday June 7, 2003 until Saturday October 11, 2003 to be held in the Temperance Street Municipal Parking Lot from the 8:00 a.m. to 12:30 p.m.; and THAT the Town Solicitor prepare the necessary vendors agreements by March 17, 2003; and THAT the Farmer’s Market be insured through the Town’s insurance policy; and THAT Council waive the parking restrictions on the west side of Temperance Street during the hours of operation of the Farmer’s Market. THAT all proceeds raised from the vendor fees be allocated for the purchase of benches and other necessities to improve the Downtown Core. CARRIED 10. LSAC03-002 – February 13, 2003, Leisure Services Advisory Committee Meeting Moved by Councillor Kean Seconded by Councillor Pedersen 1. THAT the Committee Record of the Leisure Services Advisory Committee Meeting, held on February 13, 2003, be received for information; and 3. Culture and Recreation Master Plan THAT staff provide a report outlining the usage levels, shortages and unsatisfied needs within the community for each of the following facilities; Ice Rink, Pool and Youth Centre; and FURTHER THAT staff provide financial scenarios on how these needs can be addressed. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Kean THAT section 2 of the recommendations be amended to read as follows: 2. LS03-004 – Confederation Park Reconstruction THAT the Leisure Services Advisory Committee endorse the redevelopment of Confederation Park, in concert with the input provided by the Regency Acres community along with staff and representatives from the Public and Separate Boards of Education; and THAT staff be requested to organize an open house with regard to the Reconstruction of Confederation Park, to allow for affected residents to gain insight and provide comments on this matter; and further Aurora Council Minutes No. 03-07 Page 7 Tuesday, March 4, 2003 THAT the Leisure Services Advisory Committee recommend to Council that a portion of Confederation Park be transferred to the York Region Catholic Separate School Board and the York Region District School Board for use of a shared parking facility/bus loop. THE MOTION WAS CARRIED AS AMENDED 11. Central York Fire Service Joint Council Committee Meeting Minutes of February 19, 2003 Moved by Councillor MacEachern Seconded by Councillor Kean THAT the Minutes of the Joint Council Committee Meeting of February 19, 2003 be received for information; and THAT the Town of Aurora appoint by By-law the Central York Fire Services Fire Chief as the “Community Emergency Management Coordinator”, and the Central York Fire Services Deputy Fire Chief as the “Alternate Community Emergency Management Coordinator” for the Town of Aurora, at the March 25, 2003 Council Meeting. CARRIED 12. Correspondence from York Region re: Support for Province- Wide Legislation addressing the prohibition of Smoking in public place and workplaces in Ontario Moved by Councillor Wallace Seconded by Councillor Griffith THAT Council receive the correspondence for information. CARRIED IX REGIONAL REPORT None. X OTHER BUSINESS, COUNCILLORS Correspondence from Mr. Nik Mracic, Project Manager of Metrus Development Inc., re: St. John’s Road Development Cop., Draft Plan D12-00-1A, Subdivision Agreement (Phase 1) - Approval - (Added Item) Moved by Councillor MacEachern Seconded by Councillor Wallace THAT Council receive the correspondence for information. CARRIED Aurora Council Minutes No. 03-07 Page 8 Tuesday, March 4, 2003 Councillor Kean inquired as to how long it would be before the members of the Seniors’ Centre will be able to move into their new location at the former Public Library. The Director of Leisure Services advised that the process should take approximately one year to get to the moving stage. Councillor Kean asked why there hasn’t been an in-depth study conducted on the East Aurora Wet Lands. The Director of Planning advised that the Province of Ontario did conduct an in-depth study when they evaluated these lands and declared them provincially significant, subsequently there was an addendum made to the Environmental Management Strategy, and some additional work done since, including a management plan for the Urban Wildlife Park. The Director also advised that the current work respecting the 5 Year Official Plan Review Study, did originally have an environmental component within the Terms of Reference for the Secondary Plan, however Council removed this environmental component. Councillor Kean responded to the comments of the Director by expressing his concern that the Town is undertaking the task of determining what to do with these lands, without the benefit of a proper study on those lands. Councillor Kean inquired about what can be done to Richardson Drive with regard to the pot holes. The Director of Public Works advised that at this time of year, current weather conditions would make it impractical to perform those types of repairs to the roads. It was suggested that in the spring there will be many streets within the Town, which will require work, and that, if necessary, a report on this matter will be provided to Council. Councillor Vrancic inquired as to why work crews are digging on Wellington Street at Berczy Street. The Director of Public Works advised that the Region is in the preliminary process of installing a water main from Berczy Street out to Aurora Heights Drive and the work now underway is the subsurface investigation. Councillor Vrancic expressed concern regarding the maintenance of Bathurst Street between Bloomington Road and Wellington Street, during a recent snowstorm. Councillor Vrancic requested that the Region be informed of Council’s displeasure and asked to better maintain that stretch of road during future adverse weather conditions. Councillor Vrancic commended staff for installing and maintaining the three outdoor ice rinks within the Town of Aurora. Councillor Vrancic also requested that staff try to take stronger measures to prevent groups of hockey players from dominating these rinks, making it impossible for non-hockey playing residents and families to safely use these skating rinks for their own pleasure. The Director of Leisure Services indicated that he will have staff look into the matter. Councillor Timpson inquired when the Tender for Collins Crescent will be prepared for review by Council. The Director of Public Works advised that it would be provided within the next two weeks. Councillor Timpson congratulated the Public Works Department for the fine job they did on the 2003 Waste & Recycling Collection Calendar. Councillor Griffith asked staff to follow up on the replacement of no parking signs along Jasper Drive. Councillor Pedersen advised that the new Nokiidaa Trail information pamphlets are now available and can be obtained through the Leisure Services, Parks Department at the Town of Aurora. The Pamphlet contains a map of the Nokiidaa Trail, which has a span of about 25 Kilometres through Aurora, Newmarket and East Gwillimbury, and also lists some focal points and attractive locations along the trail. Aurora Council Minutes No. 03-07 Page 9 Tuesday, March 4, 2003 XI READING OF BY-LAWS Moved by Councillor Timpson Seconded by Councillor Griffith THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4407-03.D BEING A BY-LAW to amend By-law 2213-78 (Home Depot - removal of holding prefix) CARRIED XII IN CAMERA Legal and Property Matters Moved by Councillor Vrancic Seconded by Councillor Griffith THAT this Council proceed In Camera to address legal and property matters. CARRIED XIII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 9:05 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK