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MINUTES - Council - 20030715 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 03-22 Council Chambers Aurora Town Hall Tuesday, July 15, 2003 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic, Wallace and West. MEMBERS ABSENT None. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Planning, Director of Leisure Services, Director of Public Works, Treasurer, Director of Building and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Vrancic, declared an interest in Item 3 - BA03-012 - Variance to Sign By-law #3400-92 – Tilemaster, by virtue of a Solicitor/Client relationship and did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. II APPROVAL OF AGENDA Moved by Councillor Pedersen Seconded by Councillor Griffith THAT the content of the Agenda be approved as presented with the following additional items:  LS03-028 - Aurora Historical Society Lease Agreement  Delegation request from Anne Currie-O'Brien, President of Theatre Aurora, re: Item 2 - LS03-024 - Theatre Aurora Lease Agreement (Factory Theatre)  Delegation request from Ken White of Tilemaster, re: Item 3 - BA03-012 - Variance to Sign By-law #3400-92 – Tilemaster  Correspondence from Malone Given Parsons Ltd., re: Item 9 - PL03-073 - 2C Environmental Studies CARRIED Aurora Council No. 03-22 Page 2 Tuesday, July 15, 2003 III ADOPTION OF MINUTES Council Meeting No. 03-18, Tuesday, June 24, 2003 and Special Council - Public Planning Meeting No. 03-19, Wednesday, June 25, 2003 and Special Council Meeting No. 03-20, Thursday, July 3, 2003. Moved by Councillor Griffith Seconded by Councillor Wallace THAT the Minutes of Meeting Numbers 03-18, 03-19 and 03-20 be adopted as printed and circulated. CARRIED IV PRESENTATIONS Presentation to Steve Hinder, re: Award of Excellence for Fighting Crime Mayor Jones presented an Award of Excellence for Fighting Crime to Steve Hinder, in recognition of his work in the community as a former police officer as well as for his involvement in the Aurora PACT Committee, Optimist Club, York Region Safety Village and the Aurora Youth Safety and Justice Committee. Mayor Jones also presented a certificate from Greg Sorbara, MPP of Vaughan-King-Aurora, in recognition of his many contributions to the community. Presentation of a Citation for Adam Ryeland Mayor Jones presented a Citation to Adam Ryeland for coming to the aid of 16 year old Tysen Armstrong who was suffering from hypothermia and frostbite and saving his life. Mayor Jones also presented a certificate from Greg Sorbara, MPP of Vaughan-King-Aurora, in recognition of his inspiring ability to feel and express compassion for others and setting an example for the community. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 4, 6, 8, 9, 10, 12, 14, 21, 29, 30 and 31 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor Timpson 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: 5. PL03-051 - Site Plan Application York Region District School Board and York Catholic District School Board Block M, Plan 514 and Block N, Plan 514 123 Murray Drive and 2 Glass Drive File D11-03-03 THAT Report PL03-051 be received as information; and THAT, subject to a satisfactory review by the Site Plan Committee, the Director of Planning be authorized to execute a site plan agreement between the York Region District School Board, the York Catholic District School Board and the Town of Aurora, respecting the construction of a parking lot and bus loop to be shared by both the School Boards and an addition to St. Joseph Catholic School. Aurora Council No. 03-22 Page 3 Tuesday, July 15, 2003 7. PL03-077 - Zoning By-law Amendment Application 1207309 Ontario Inc. & 690346 Ontario Inc. (Magna) Part of Lot 20, Concession 2 E.Y.S. File D14-19-03 THAT Council receive as information the following overview of Zoning By- law Amendment application D14-19-03 regarding Part of Lot 20, Concession 2 E.Y.S. scheduled for the September 10, 2003 Public Planning Meeting. 11. LS03-029 - Fees and Service Charges THAT Council approve By-law #4448-03.F, amending By-law #4398- 02.F to the Department of Leisure Services Existing Fees and Service Charges. 13. PW03-029 - Tender No PW-2003-24 – Maintenance of Traffic Signals THAT Tender No. PW-2003-24, “Maintenance of Traffic Signals in the Town of Aurora”, be awarded to Stacey Electric Company Limited at its tendered price of $38,663.76 for a two-year period commencing August 1, 2003; and THAT Council authorize the Mayor and Municipal Clerk to sign the attached Form of Agreement between the Town of Aurora and Stacey Electric Company Limited for the maintenance of traffic signals in the Town of Aurora. 15. PL03-075 - Official Plan Amendment, Rezoning and Subdivision Applications Janet Gardiner Part of Lot 85, Concession 1, E.Y.S. 65 St. John’s Sideroad Files D09-05-03, D14-22-03 and D12-03-3A THAT Council receive as information the following overview of Official Plan Amendment, Rezoning and Subdivision Applications D09-05-03, D14-22-03 and D12-03-3A scheduled for the September 10, 2003 Public Planning Meeting. 16. PL03-076 - Zoning By-law Amendment Application Preserve Homes Corporation Part of Lot 21, Concession 2 E.Y.S. Northeast Corner of Bayview Avenue and Wellington Street File D14-16-03 THAT Council receive as information the following overview of Zoning By-law Amendment application D14-16-03 scheduled for the September 10, 2003 Public Planning Meeting. 17. ADM03-018 - Ontario Municipal Board Hearing – Parkland Dedication/Cash in Lieu ADENA MEADOWS LIMITED West side of Leslie Street, south of Wellington Street East File D07-02-1A THAT Schedule “A” attached to report ADM03-018 entitled Minutes of Settlement Agreement – Magna Residential Condominium Ontario Municipal Board Hearing be endorsed by Council and the Mayor and Clerk be authorized to execute a document substantially in the form of the Schedule as revised and recommended by the Town’s External Solicitor as a resolution to the parkland issues portion of the appeals lodged by the proponents. Aurora Council No. 03-22 Page 4 Tuesday, July 15, 2003 18. PL03-078 - Zoning By-law Amendment Application Gus Protopapas Northeast corner of Leslie Street and Wellington Street Part of Lot 21, Concession 3 File D14-17-03 THAT Council receive as information the following overview of a Zoning By-law Amendment application D14-17-03, scheduled for the September 24th, 2003 Public Planning Meeting. 19. PL03-079 - Zoning By-law Amendment Application Fieldgate Developments Ltd. (V. Priestly) 15933 Bayview Avenue Part of Lot 25, Concession 2 E.Y.S. File D14-14-03 THAT Council receive as information the following overview of Zoning By-law Amendment application D14-14-03 regarding Part of Lot 25, Concession 2 E.Y.S. scheduled for the September 24, 2003 Public Planning Meeting. 20. PL03-080 - Zoning By-law Amendment Application Claretree 105 Developments Ltd. (V. Priestly) 15933 Bayview Avenue Part of Lot 25, Concession 2 E.Y.S. File D14-15-03 THAT Council receive as information the following overview of Zoning By-law Amendment application D14-15-03 regarding Part of Lot 25, Concession 2 E.Y.S. scheduled for the September 24, 2003 Public Planning Meeting. 22. ADM03-010 - Request from Eileen Ethel Dinning For Partial Release of Site Plan Agreement Securities File D11-15-00 THAT Council authorize the Mayor and Clerk to execute an Agreement between the Town, Eileen Ethel Dinning and Lincoln Dinning regarding the partial release of Site Plan Agreement securities relating to 610 Henderson Drive. 23. BA03-013 - Variance to Sign By-law #3400-92 The Home Depot Inc. THAT Council approve the request from Home Depot for additional signage to permit two wall signs on the east elevation with a combined sign area of approximately 31 square metres; and THAT Council approve the request from Home Depot for additional signage along the south elevation conditional upon Home Depot relocating the sign to the southeast corner of the south elevation. 24. PW03-033 - Award of Contract for Provision of Services for an “On-Call Environmental Consultant” THAT the Director of Public Works be authorized to sign an Engineering Agreement with Earth Tech Canada Inc. (Earth Tech) for the provision of consulting services for an “On-Call Environmental Consultant” for the Town. Aurora Council No. 03-22 Page 5 Tuesday, July 15, 2003 25. PW03-034 - Transfer of Land with Region of York THAT pending Regional approval, Council authorize staff to commence the process necessary to effect an exchange of lands between the Region of York and the Town of Aurora as described in Report No. PW03-034; and THAT permission to enter the site adjacent to Wells 1 to 4 be granted to the Region of York to allow the required Regional works to proceed prior to execution of the land transfer documents; and THAT staff submit to Council a report detailing the necessary works and/or studies required to clarify the potential uses of the Davis Road elevated tank site. 26. TR03-015 - Telecommunications System Report THAT staff be authorized to retain a consultant to assist in the development of the formal RFP document, the analysis of submissions and recommendation relating to the design, delivery and implementation of a new telecommunications system; and THAT staff be directed to present for Council consideration, at its September 16, 2003 meeting, a summary of results and implementation recommendations from proposals received under Request for Proposal #TR2003-11. 27. TR03-016 - Second Quarter Financial Review @ June 30, 2003 THAT the Treasurer’s report TR03-016 “Second Quarter Financial Review @ June 30, 2003” be received for information. 28. TR03-017 - Proposed Amendment to the "Approved" 2003 Capital Budget THAT Council amend the Town’s approved 2003 Capital Budget to include the capital project outlined in Appendix “A” (attached to report TR03-017) Land Acquisition Proposal for Municipal Purposes - Burnett Lands; and THAT Council approve allocation of funding as outlined in Appendix “A” (attached to report TR03-017) as follows:  Tax Rate Stabilization Reserve $ 525,000  Municipal Capital Reserve 525,000  Development Charges Reserve Fund 1,100,000 - Recreation Facilities Component  Cash-in-lieu of Parkland 1,750,000  Water/Sewer Reserve Fund 2,100,000 - Temporary Internal Financing 32. Correspondence from Raquel Kerr, Assistant to the Chairman of the Board, Magna, re: Request for Exemption from the Noise By-law for the Magna Hoedown 2003 on Saturday, September 13th, from 5:00 p.m. until 1:00 a.m. THAT the correspondence be received and endorsed. CARRIED Aurora Council No. 03-22 Page 6 Tuesday, July 15, 2003 VII DELEGATIONS Delegation request from Stephen Mitchell, of Corm Construction - Sewer and Watermain Limited, re: Item 6 - Award of Tender No. PW-2003-12, Reconstruction of Henderson Drive from Yonge Street to Lee Gate Mr. Stephen Mitchell, president of Corm Construction - Sewer and Watermain Limited, requested that Council not withdraw the tender and proceed with a re-tender for the reconstruction of Henderson Drive from Yonge Street to Lee Gate, but rather allow his company to re-evaluate the price once the final amendments have been made to the project by the Public Works Department. Moved by Councillor West Seconded by Councillor Kean THAT the comments of the delegate be received and that Item 6 be brought forward for consideration at this time. CARRIED 6. PW03-032 - Award of Tender No. PW-2003-12 Reconstruction of Henderson Drive from Yonge Street to Lee Gate Moved by Councillor West Seconded by Councillor Kean THAT report PW03-032 be deferred to the August 19, 2003 Council Meeting in order for staff to review the details of the project regarding the design, determination of costs, reflection of the financial implications and the final impact that this project may have on other proposed projects. CARRIED Delegation request from Mr. Charles Sequeira of the Seniors’ Centre, re: Item 21 - LS03-030 - Options Regarding New Seniors Centre Mr. Charles Sequeira, representative of the Seniors’ Centre outlined some of the reasons the seniors did not choose the three other options provided to them and reiterated many of the reasons they are in favour of a new building at the south end of the Town Hall property. Mr. Sequeira requested that Council support their decision in this regard and suggested that this decision would be in the best interest of both the Town and the seniors. Moved by Councillor West Seconded by Councillor Timpson THAT the comments of the delegate be received and that Item 21 be brought forward for consideration at this time. CARRIED 21. LS03-030 - Relocation of the Seniors’ Centre Moved by Councillor West Seconded by Councillor Griffith THAT staff be authorized to advertise for a Project Manager to review the different options of a build design versus architectural design building for a 14, 000 square foot facility, to accommodate a new Seniors’ Centre and report back to Council; and THAT the site will be at the south end of the Town Hall property; and Aurora Council No. 03-22 Page 7 Tuesday, July 15, 2003 THAT staff report back to Council at the August 19, 2003 Council Meeting with recommendations for Council’s approval; and THAT thereafter, staff meet with the Project Manager and members of the Aurora Seniors’ Steering Committee to provide input into the new Seniors’ Centre; and THAT staff report to Council as soon as all documentation and financial details are ready for tendering. On a recorded vote, the motion was CARRIED YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Griffith, Kean, Pedersen, Timpson, Vrancic, West and Mayor Jones. VOTING NAYS: Councillors MacEachern and Wallace. Delegation request from Anne Currie-O'Brien, President of Theatre Aurora, re: Item 2 - LS03-024 - Theatre Aurora Lease Agreement (Factory Theatre) Ms Anne Currie-O'Brien, President of Theatre Aurora, thanked Council for their continued support over the years and the Leisure Services Department for their help with the Lease Agreement. Ms Currie-O’Brien requested that the lease be for a term of 20 years and advised that the theatre will share the cost of renovations and upgrades to the building with the Town of Aurora and asked for Council’s support in this regard. Moved by Councillor West Seconded by Councillor MacEachern THAT the comments of the delegate be received and that Item 2 be brought forward for consideration at this time. CARRIED 2. LS03-024 - Theatre Aurora Lease Agreement (Factory Theatre) Moved by Councillor West Seconded by Councillor MacEachern THAT the Lease Agreement with Theatre Aurora for the use of the Factory Theatre be structured for two 10 year periods; and THAT the renovations be completed within the first 10 years, and subject to fulfilling these conditions, that the Council of the future extend the lease for an additional ten (10) years. CARRIED Delegation request from Ken White of Tilemaster, re: Item 3 - BA03-012 - Variance to Sign By-law #3400-92 – Tilemaster Mr. Ken White of Tilemaster, requested that Council allow for the sign variance in order to erect one wall sign on the north wall and two additional wall signs on the west and north faces of the new Tilemaster building located at 125 Mary Street. Moved by Councillor West Seconded by Councillor Timpson THAT the comments of the delegate be received and that Item 3 be brought forward for consideration at this time. CARRIED Aurora Council No. 03-22 Page 8 Tuesday, July 15, 2003 3. BA03-012 - Variance to Sign By-law #3400-92 – Tilemaster Councillor Vrancic, having previously declared an interest in Item #3, did not take part in the vote called for in this regard. Moved by Councillor West Seconded by Councillor Timpson THAT Council grant the variance to the Town of Aurora Sign By-law 3400-92 as amended, to permit the erection of one wall sign to a maximum area of 24.5m² on the north wall and two additional wall signs at 125 Mary Street for Tilemaster on the west and north faces. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. PW03-031 - Request for Topsoil Permit for Van-Rob Stampings Site Moved by Councillor Griffith Seconded by Councillor MacEachern THAT the Topsoil Permit be issued under the following condition: • the applicant shall acknowledge that the Letter of Credit received in relation to the subject Topsoil Permit be available for use by the Town, at the sole discretion of the Director of Public Works, for the cleaning of off-site storm sewers if necessary. CARRIED 4. LS03-031 - Confederation Park Improvement Works Moved by Councillor Wallace Seconded by Councillor West THAT Council authorize the Mayor and Clerk to enter into an Agreement with the York Region District School Board in an amount up to $80,000 for the redevelopment of Confederation Park as outlined in the approved 2003 Capital Budget. CARRIED 8. PL03-081 - MI Developments Inc., Medical Facility Part of Lot 20, Concession 2 File D14-08-00 Moved by Councillor West Seconded by Councillor Pedersen THAT staff conduct a full circulation, including advertising in the newspaper and posting on the Town of Aurora website; provide sufficient time for public comment, and report back to Council on this proposal. CARRIED 9. PL03-073 - 2C Environmental Studies Moved by Councillor Vrancic Seconded by Councillor MacEachern THAT the Region of York be requested to work with the Town of Aurora to prepare Terms of Reference for a base line analysis of the Environmental Features and Functions within the 2C area to: • substantiate any changes to the Region’s Greenland System Official Plan schedules; and • provide sufficient policy detail to form the basis of a Secondary Plan for the area; and Aurora Council No. 03-22 Page 9 Tuesday, July 15, 2003 THAT the Terms of Reference be presented to Council for its consideration as soon as possible. CARRIED Additional Item - Correspondence from Malone Given Parsons Ltd., re: Item 9 - PL03-073 - 2C Environmental Studies Moved by Councillor West Seconded by Councillor Timpson THAT the correspondence from Malone Given Parsons Ltd. be received for information. CARRIED 10. LS03-027 - Zero Tolerance Policy – Seasonal Community Recreation Programs Moved by Councillor Vrancic Seconded by Councillor Griffith THAT the Zero Tolerance Policy be referred back to staff for further amendments. CARRIED 12. LS03-032 - Automatic External Defibrillation (AED) Moved by Councillor Wallace Seconded by Councillor Pedersen THAT Council endorse an Automatic External Defibrillation Program for implementation in Town Facilities. CARRIED 14. PL03-074 - Servicing Allocation Moved by Councillor Griffith Seconded by Councillor Pedersen THAT PL03-074 respecting additional servicing allocation that has been granted to the Town of Aurora be received for information; and THAT staff be directed to prepare a report updating the Town’s Principles for Determining Servicing Allocation approved by Council in May of 2000 consistent with the Region’s requirements for the management of servicing allocation. CARRIED 29. TSAB03-010 - Intersection of Stone Road and Crow's Nest Gate Safety Concerns and School Crossing Guard Analysis Moved by Councillor Timpson Seconded by Councillor Pedersen THAT all-way stop sign control be installed at the intersection of Stone Road and Crow's Nest Gate; and THAT a school crossing guard be approved for the Stone Road and Crow's Nest Gate intersection; and THAT the Corporate Services Department be requested to introduce the necessary By-law to implement the above recommendations. CAR RIED Aurora Council No. 03-22 Page 10 Tuesday, July 15, 2003 30. Correspondence from Denis Kelly, Regional Clerk re: Retail Business Holiday Act Exemptions Moved by Councillor Vrancic Seconded by Councillor West THAT the Region of York be advised that Council does not support the Region-wide exemptions to the holiday provisions in the Retail Business Holiday Act. CARRIED 31. Memo from Mayor Tim Jones, re: Cable Coverage and Open Forum Moved by Councillor West Seconded by Councillor Pedersen THAT Open Forum continue and the Council Meetings be televised until the end of August 2003. CARRIED IX REGIONAL REPORT None X OTHER BUSINESS, COUNCILLORS Additional Item - LS03-028 - Aurora Historical Society Lease Agreement Moved by Councillor Griffith Seconded by Councillor Timpson THAT the Item be deferred to the August 19, 2003 Council Meeting. CARRIED Councillor MacEachern requested an update on the OMB Hearing that took place at the Aurora Town Hall today. The Director of Planning advised that the pre-hearing is allowed to proceed, no members of the public attended the meeting and that a report will be coming to the August 19, 2003 Council Meeting for Council’s direction. Councillor Timpson congratulated all those who were involved in the July 1st celebrations, it was a great success. Councillor Kean advised that the Farmer’s Market is being held each Saturday and they are looking for charitable groups to also participate. Councillor Vrancic inquired about the status of a report from the Leisure Services Department regarding a permanent tennis facility. The Director of Leisure Services advised that the possibility of moving forward with this project may be more viable now since the Town purchased the Burnett property and once a report goes to Council regarding proposed uses of this property then the Tennis Clubs will be invited to make delegation to Council for their support. Aurora Council No. 03-22 Page 11 Tuesday, July 15, 2003 XI READING OF BY-LAWS Moved by Councillor Griffith Seconded by Councillor Timpson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4446-03.L BEING A BY-LAW to authorize the acquisition of land described as Part of Lot 21, Concession 2 E.Y.S. (Burnett) 4448-03.F BEING A BY-LAW to amend By-law 4398-02.F to authorize a schedule of fees for services offered by the Leisure Services Department and to prescribe charges for administrative matters CARRIED XII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 10:05 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK