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MINUTES - Council - 20030826 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 03-23 Council Chambers Aurora Town Hall Tuesday, August 26, 2003 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair; Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic and Wallace. MEMBERS ABSENT Councillor West was absent. OTHER ATTENDEES Chief Administrative Officer, Director Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Treasurer and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:10 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 MacEachern THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented, with the following additional items:  Delegation requests from Christina Marquardt-Foster and John Belgue, re: Item 24(6) TSAB03-017 - July 14, 2003, Traffic Safety Advisory Board Meeting - McLeod Drive Safety and Speeding Concerns  Correspondence from Mr. Kenneth Shugart, re: Item 16 - PW03 -040 - Close and Stop Up of Laneway Beside No. 9 Wellington Street East And the withdrawal of the following Delegation:  Mr. Anders Kohler, Resident Re: Safety and Speeding Concerns on McLeod Drive Re: Item 24(6) TSAB03-017 - July 14, 2003, Traffic Safety Advisory Board Meeting - McLeod Drive Safety and Speeding Concerns CARRIED Council Meeting No. 03-23 Page 2 of 13 Tuesday, August 26, 2003 III ADOPTION OF MINUTES Council Meeting No. 03-21, Tuesday, July 15, 2003 and Special Council – Borealis Hydro Electric Holding Inc. Annual Shareholder's Meeting No. 03- 22, Tuesday July 15, 2003 Moved by Councillor Wallace Seconded by Councillor Pedersen THAT the Council Minutes of Meeting Numbers 03-21 and 03-22 be adopted as printed and circulated. CARRIED IV PRESENTATIONS NONE V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 21, 23, 24, 27 and 28 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Timpson 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: 1. LS03-033 - Theatre Aurora Lease Agreement (Factory Theatre) THAT Council authorize the Mayor and Clerk to execute an Agreement with Theatre Aurora for use of Factory Theatre for two (2) ten (10) year periods. 2. LS03-028 - Aurora Historical Society Lease Agreement THAT Council authorize the Mayor and Clerk to enter into a Lease Agreement with the Aurora Historical Society for the use of Church Street School for a period of ten years with an option for two (2) additional five (5) year terms. 14. TR03-018 – Annual Report – 2002 Development Charge Reserve Fund Statement (Annual Report) THAT the Treasurer’s Report #TR03-018 “2002 Development Charge Reserve Fund Statement (Annual Report)” be received for information; and THAT the 2002 Development Charge Reserve Fund Statement (Annual Report) be forwarded to the Minister of Municipal Affairs and Housing in accordance with Section 43(3) of the Development Charges Act, 1997; and Council Meeting No. 03-23 Page 3 of 13 Tuesday, August 26, 2003 THAT staff be authorized to solicit proposals to engage a consultant to co- ordinate the completion of the necessary update to the Town’s Development Charge By-law (Background Study) in accordance with the Development Charges Act, 1997 and the Town’s Procurement Policies. 19. PL03-084 - Execution of Subdivision Agreement SIERRA HOMES (AURORA) INC. Burgon Place and Old Yonge Street North of Batson Drive, east of Yonge Street D12-95067 THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement between the Town of Aurora and Sierra Homes (Aurora) Inc. dated August 26, 2003, with respect to the lands, as defined within the Agreement, contained within Draft Plan of Subdivision 19T-95067(R) subject to the following provisions: i) THAT the submission of financial payments and securities as described in Schedules “K” and “L” of the Agreement respectively be received by the Town; and, ii) THAT the Mayor and Clerk be authorized to execute all documents necessary to effect the transfer of certain lands, reserves, and easements at the developers expense, as described in Schedule “F” of the Agreement. 20. CS03-031 - Corporate Insurance Renewal THAT the Town of Aurora’s Corporate Insurance Policy be renewed for a one year period commencing Sept 1, 2003; and THAT the insurance and risk management proposal submitted by OMEX Insurance in the amount of $187,870 be accepted and that a formal policy be established to fund insurance claim deductible costs from the insurance reserve. 22. LACAC03-08 - June 18, 2003, Local Architectural Advisory Committee Meeting 1. THAT the Committee Record of the LACAC Meeting held on June 18, 2003 be received for information; and 2. Heritage Conservation District Study THAT staff proceed with compiling the necessary background information as discussed for the next meeting of LACAC in August; and THAT an honorarium of $100 be paid to Mr. Seaman for his assistance on this project and attendance at this and previous committee meetings. 25. Central York Fire Service Joint Council Committee Meeting Chair’s Report of August 6, 2003 THAT the Chair’s Report of the Joint Council Committee Meeting of August 6, 2003 be received as information. Council Meeting No. 03-23 Page 4 of 13 Tuesday, August 26, 2003 26. Letter from the Lake Simcoe Region Conservation Authority Re: Request that the Province of Ontario Extend the Lake Simcoe Water Quality Improvement Program to 2007 THAT the Town of Aurora receive and endorse the Lake Simcoe Region Conservation Authority’s request that the Province of Ontario extend the Lake Simcoe Water Quality Improvement Program, and funding for this program, until 2007. 29. Letter from Lake Simcoe Region Conservation Authority Re: Authority Response to the Sewage Spill – St. John’s Sideroad THAT the letter from the Lake Simcoe Region Conservation Authority, with regard to Authority Response to the Sewage Spill at St. John’s Sideroad, be received as information. CARRIED VII DELEGATIONS Christina Marquardt-Foster and Mr. John Belgue re: Item 24(6) TSAB03-017- July 14, 2003, Traffic Safety Advisory Board Meeting-McLeod Drive Safety and Speeding Concerns Mrs. Christina Marquardt-Foster advised that she represents many of the residents in the McLeod Drive area and provided a petition for Council’s consideration. Mrs. Marquardt-Foster advised that of the 45 residences on McLeod Drive, 38 residents signed this petition which expresses concerns with regard to the issue of speeding along McLeod Drive, and their request that the Town take appropriate measures to prevent this problem from continuing. Mr. John Belgue advised that he was speaking in place of Anders Kohler and is representing Mr. Jim Zacher of 11 Murdock Avenue. Mr. Belgue advised that there is a serious safety issue at the intersection of Murdock Avenue and McLeod Drive due to the obstructed view of McLeod Drive for traffic turning west from Murdock Avenue. Mr. Belgue advised that this problem is intensified by the frequency of speeding cars travelling on McLeod Drive and explained that there have been a large number of close calls as well as documented accidents on this road to support the concerns expressed by residents. In closing Mr. Belgue requested that Council give further consideration to the installation of an all-way stop sign at the intersection of McLeod Drive and Murdock Avenue. Moved by Councillor MacEachern Seconded by Councillor Griffith THAT the comments of the delegates be received and that Item 24(6) be brought forward for consideration at this time. CARRIED 24. TSAB03-017 - July 14, 2003, Traffic Safety Advisory Board Meeting Moved by Councillor Timpson Seconded by Councillor Pedersen 6. Report No. TSAB03-015 McLeod Drive - Safety and Speeding Concerns. THAT the request to install all-way stop sign control at the intersection of McLeod Drive and Murdock Avenue be denied; and Council Meeting No. 03-23 Page 5 of 13 Tuesday, August 26, 2003 THAT parking be prohibited on the west/south sides of McLeod Drive from Aurora Heights Drive to Gilbank Drive; and THAT “Children at Play” signs be installed on McLeod Drive; and THAT the Clerks Department be requested to introduce the necessary by-law to implement the above recommendation; and THAT the York Region Police Department be requested to significantly increase the enforcement of the 40km speed limit along McLeod Drive; and THAT the petition provided by residents in the McLeod Drive area, be received and dealt with as part of the Traffic Calming Program. CARRIED Moved by Councillor Kean Seconded by Councillor Timpson 3. THAT Report No. TSAB03-011 Murray Drive West of Yonge Street – Safety Concerns at the Plaza’s East and West Entrances/Exits Follow-up Report, be referred back to the TSAB for further investigation into the feasibility of installing an all-way stop sign control on Murray Drive at the west entrances/exits to the Canadian Tire/No Frill’s plaza’s CARRIED Moved by Councillor Griffith Seconded by Councillor Pedersen 1. THAT the Committee Record of the Traffic Safety Advisory Board Meeting held on July 14, 2003 be received as information; and 2. Report No. TSAB03-012 Steckley Street – Parking Concerns THAT the request to move the existing “No Parking Anytime” prohibition on the south side of Steckley Street to the north side be denied; and THAT a letter be sent to residents of Steckley Street with the TSAB’s recommendations. 4. Report No. TSAB03-013 Parking Concerns on Old Yonge Street THAT parking be prohibited on the east side of Old Yonge Street from Twelve Oaks Drive to St. John’s Sideroad; and THAT the Clerks Department be requested to introduce the necessary by-law to implement the above noted recommendation; and THAT staff be requested to submit a further report to the next TSAB meeting to deal with the parking concerns on Old Yonge Street between Batson Drive and Moorcrest Drive; and THAT a letter be sent to all affected residents of Old Yonge Street with the TSAB’s recommendations. Council Meeting No. 03-23 Page 6 of 13 Tuesday, August 26, 2003 5. Report No. TSAB03-014 Gurnett Street – Safety Concerns THAT report No. TSAB03-014 – Gurnett street – Safety Concerns be deferred to the next TSAB meeting; and THAT a letter be sent to Mr. Jody Matthew with the TSAB’s recommendations. 7. Report No. TSAB03-016 – Pinnacle Trail – Parking Concerns THAT staff be requested to conduct further parking studies on Pinnacle Trail and Rush Road and submit a further report to the next TSAB; and THAT 40km/hr speed limit signs be installed on Pinnacle Trail and Rush Road; and THAT the York Regional Police department be requested to increase speed enforcement of the posted speed limit; and THAT a letter be sent to residents of Pinnacle Trial and Rush Road with the TSAB’s recommendations. 8. June 12, 2003 letter and petition from residents of Milloy Place THAT the June 12, 2003 letter and petition from residents of Milloy Place be referred to staff for a report; and THAT a letter be sent to residents of Milloy Place with the TSAB’s recommendations. 9. June 11, 2003 email from Mr. Terence Paul regarding parking and speeding concerns on Hollandview Trail THAT the June 11, 2003 e-mail from Mr. Terence Paul regarding parking and speeding concerns on Hollandview Trail be referred to staff for a report; and THAT a letter be sent to Mr. Terence Paul with the TSAB’s recommendations. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. LS03-034 - Update -15059 Leslie Street Planning and Development Process Moved by Councillor Griffith Seconded by Councillor Kean THAT Council receive as information the update respecting the environmental analysis set out herein including a refinement of the concept plan for 15059 Leslie Street which maximizes potential employment uses on the lands; and THAT Council direct staff to proceed with the necessary applications supporting documentation to the regulatory agencies in preparation for a public meeting to consider an amendment to the Zoning By-law to be scheduled in the spring of 2004 based the analysis to be undertaken by the Consultants set out in their work plan. CARRIED Council Meeting No. 03-23 Page 7 of 13 Tuesday, August 26, 2003 4. PW03-035 - Reconstruction of Henderson Drive from Yonge Street to Lee Gate - Follow-up Report Moved by Councillor Kean Seconded by Councillor MacEachern THAT Tender No. PW -2003-12 regarding the “Reconstruction of Henderson Drive from Yonge Street to Lee Gate” be withdrawn; and THAT updated budget requirements for the reconstruction of Henderson Drive from Yonge Street to Lee Gate including the extension of the west pressure district as generally described in Report PW03-035 be submitted as part of the 2004 budget deliberations; and THAT following a successful resolution of the 2004 budget requirements, the reconstruction of Henderson Drive from Yonge Street to Lee Gate including the extension of the west pressure district be re-tendered as early as practicable in 2004; and THAT the residents and businesses on Henderson Drive be informed of this decision. CARRIED 5. ADM03-015 – Disposition of Property – Wellington Street and Bayview Avenue, Chapman Court Extension Moved by Councillor MacEachern Seconded by Councillor Kean THAT Council declare surplus the lands that are the subject of this report and consider the requisite By-law; and THAT Council authorize a request for qualification to select a real estate agent to assist in the disposition via a commercial listing. CARRIED 6. LS03-027 - Zero Tolerance Policy – Seasonal Community Recreation Programs Moved by Councillor Kean Seconded by Councillor MacEachern THAT Council approve the amended Zero Tolerance Policy drafted by the Leisure Services Department for use in our seasonal recreation programs, with the following amendment: In the “Definitions” Section of the Policy, under VERBAL WARNING the last sentence Read as follows: Parents will be notified in writing. CARRIED 7. BA03-014 – Variance to Sign By-Law #3400-92 – The Home Depot Inc. Moved by Councillor Kean Seconded by Councillor MacEachern THAT Council approve the request for a variance to Sign By-law #3400-92 to permit the installation of a ground sign to be located at the Home Depot property on Bayview Avenue subject to the sign being reduced in from the proposed 53.5m² (576 sq. ft.) to 46.5m² (500 sq. ft.) and the total number of signs fronting Bayview Avenue be reduced from the three otherwise permitted and restricted to one. CARRIED Council Meeting No. 03-23 Page 8 of 13 Tuesday, August 26, 2003 Moved by Councillor Griffith Seconded by Councillor MacEachern THAT Item #18 be brought forward at this point in the meeting. CARRIED 18. LS03-035 – Appointment of Project Manager for the New Seniors Centre Moved by Councillor Kean Seconded by Councillor Timpson THAT Council approve the appointment of Grey-Noble Associates Inc. as the Project Management Consultant for the new Seniors’ Centre; and THAT the Mayor and Clerk be authorized to execute a Contract with Grey- Noble Associates Inc. in the amount of $ 43,500 plus disbursements and GST. CARRIED 8. ADM03 -014 - Access Copyright License Agreement Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the Mayor and Clerk be authorized to execute a license agreement with Access Copyright to provide the Town with protection against copyright infringement. CARRIED 9. CS03-029 – Request for Street Names Metrus Development Inc. on behalf of Preserve Homes 1114 Wellington Street East Part of Lot 21, Concession 2 and Part of Part 1, 65R-15767 Draft Plan of Subdivision D12-01-5A Moved by Councillor Griffith Seconded by Councillor Timpson THAT the following names be allocated to the roads within the proposed Subdivision Plan (D12-01-5A) (Conover) (Mavrinac) Moreland Martell Zokol Barr Ames Halldorson Weslock Nicklaus Steel Pattemore Kane CARRIED Council Meeting No. 03-23 Page 9 of 13 Tuesday, August 26, 2003 10. CS03-030 - Tree Permit By-law Moved by Councillor Griffith Seconded by Councillor Timpson THAT Report CS03-030 -Tree Permit By-law be approved as presented to Council. CARRIED 11. PL03-083 - Execution of Subdivision Agreement 1351586 Ontario Limited Vintage Developments – 119 Vandorf Sideroad D12-99003A Moved by Councillor Kean Seconded by Councillor Timpson THAT the Mayor and Clerk be authorized to execute a Subdivision Agreement between the Town of Aurora and 1351586 Ontario Limited dated August 26, 2003 with respect to the lands defined within the Agreement, contained within Draft Plan of Subdivision D12-99003A subject to the following provisions: i) THAT the submission of financial payments and securities as described in Schedules “K” and “L” of the Agreement respectively be received by the Town; and ii) THAT the submission of environmental clearances, as described in Section 12.02 of the Agreement, be received by the Town; and, iii) THAT the Mayor and Clerk be authorized to execute all documents necessary to effect the transfer of certain lands, reserves, and easements at the developers expense, as described in Schedule “F” of the Agreement; and THAT Council enact By-law Number 4453-03.D to establish highways (Vandorf Road). CARRIED 12. LS03-036 - Request For Quotation LS2003-48 Fleury Park Tennis Court Asphalt Resurfacing and Plexipave Acrylic Colour Application Moved by Councillor Kean Seconded by Councillor Pedersen THAT Council award Request for Quotation LS2003-48 to Tennex Systems Inc. of Aurora Ontario for the resurfacing of the Fleury Park Tennis Courts in the amount of $64,107.98 including GST. CARRIED 13. PW03-038 - Request for Traffic Signals - Yonge Street and Church Street Moved by Councillor Wallace Seconded by Councillor Griffith THAT matter of traffic signals to be installed at the intersection of Yonge Street and Church Street, be referred to the 2004 budget process. CARRIED Council Meeting No. 03-23 Page 10 of 13 Tuesday, August 26, 2003 15. PW03-039 - Town of Aurora - Neighbourhood Watch Program Moved by Councillor Pedersen Seconded by Councillor Kean THAT the Town of Aurora provide and install Neighbourhood Watch signs as requested by the Police and Community Together (P.A.C.T.) Committee as detailed in Report PW03-039; and THAT additional funds be included in the 2004 and future year budgets for the purchase and installation of the subject signs. CARRIED 16. PW03-040 - Close and Stop Up of Laneway Beside No. 9 Wellington Street East; and Correspondence from Mr. Kenneth Shugart, re: Item 16 – PW03-040 – Close and Stop Up of Laneway Beside No. 9 Wellington Street East Moved by Pedersen Seconded by Wallace THAT the report be referred back to staff to seek further input from Mr. Shugart and other residents in that area, and report back to Council at a later date with findings. CARRIED 17. PW03-037 - Award of Tender No. PW-2003-13 - Supply and Delivery of One 2004 Conventional Cab Combination Dump/Sander/Plow Truck Moved by Councillor Timpson Seconded by Councillor Griffith THAT Tender No. PW-2003-13, Supply and Delivery of One 2004 Conventional Cab Combination Dump/Sander/Plow Truck be awarded to Galloway Motors Ltd. at the tendered price of $169,772.20; and THAT the current 1986 truck be sold through auction after delivery of the new truck, with sale proceeds returned to the Public Works Equipment Reserve Fund. CARRIED 21. ACCESS03-05 – July 24, 2003 Accessibility Advisory Committee Meeting Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the Committee Record of the Accessibility Advisory Meeting held on July 24, 2003 be referred to staff for comments on financial implications and the feasibility of implementing recommendations in the draft Accessibility Plan. CARRIED Council Meeting No. 03-23 Page 11 of 13 Tuesday, August 26, 2003 23. LACAC03-09 – August 5, 2003, Local Architectural Conservation Advisory Committee Meeting Moved by Councillor MacEachern Seconded by Councillor Griffith 3. Petch Log House Relocation THAT the temporary relocation of the Petch Log House as identified on the proposed plans be approved; and THAT the permanent location be situated on the Ducks Unlimited lands subject to their approval or alternatively on the Town owned lands immediately north of the Ducks Unlimited property. CARRIED Moved by Councillor Wallace Seconded by Councillor Griffith 5. Committee of Adjustment Application – 14961 Yonge St. THAT the application from the Committee of Adjustment be referred back to LACAC to review and comment on the new architectural drawings that have recently been submitted on the proposed new house. CARRIED Moved by Councillor Griffith Seconded by Councillor Wallace 1. THAT the Committee Record of the LACAC Meeting held on August 5, 2003 be received for information; and 2. Heritage Conservation District Study THAT a Special Meeting of LACAC be scheduled for September 22, 2003 and that Council be requested to approve the scheduling of a meeting of LACAC on October 6, 2003, if necessary, in order to discuss initiatives related to a Heritage Conservation District Study; and THAT the draft guidelines regarding the Heritage Conservation District be received and that J. McIntyre and S. Mills be requested to review the draft questionnaire and present any modifications to the next committee meeting. 4. Committee of Adjustment Application – 68 Spruce St. THAT the application from the Committee of Adjustment be received for information and that LACAC be provided an opportunity to review and comment on the architectural drawings that will be submitted on the proposed new house. 6. Request for a Heritage Plaque – 90 Centre St. THAT the request from the owners of 90 Centre St. for a Heritage Plaque be approved. 7. Request for Removal from Inventory List – 52 Mosley St. THAT the request from G. Geller for the removal of 52 Mosley St. from the inventory of historical properties be denied. Council Meeting No. 03-23 Page 12 of 13 Tuesday, August 26, 2003 8. Historical Information on Former Library – 56 Victoria St. THAT staff prepare a heritage report on the former Library at 56 Victoria St., which emphasizes the architectural, social and cultural significance of the building. CARRIED 27. Memo from Mayor Jones Re: New Hydro Transfer Tax Exemption Regulation Moved by Councillor MacEachern Seconded by Councillor Griffith THAT Council sanction a request that the Town of Aurora renew a dialogue with Markham and Newmarket to determine if there is interest in taking advantage of the tax holiday; and THAT if any financial implications arise, they be brought back to Council for consideration. CARRIED 28. Memo from Mayor Jones Re: Expression of Partnership Interest - Hancunhe Town - China Moved by Councillor Timpson Seconded by Councillor Kean THAT the Town of Aurora pursue this direction and proceed with the arrangements to host a delegation visit from Hancunhe Town - China. CARRIED IX REGIONAL REPORT No report was provided. X OTHER BUSINESS, COUNCILLORS Mayor Jones reminded Council, staff and residents that there is a Public Open House scheduled for Monday, September 8, 2003, to be held at the Aurora Public Library in the Magna meeting room, to allow residents to hear about, and comment upon the proposed new Leisure Facility to be constructed at Leslie Street and Wellington Street. Mayor Jones congratulated residents and businesses, within the Town of Aurora for their responsible use of electricity and water during the recent power outage. Councillor Pedersen advised that there was a proliferation of mobile advertising signs throughout the Town over the past weekend and applauded By-law staff for their quick and efficient removal of those signs. Councillor Pedersen then asked if a reminder notice could be placed in the local paper and on the Town’s Website to remind all businesses that such signage is not permitted in the Town of Aurora. Councillor Pedersen inquired as to whether an upcoming Economic Development meeting would be open to members of Council and was assured that the meeting is open to all interested parties. Council Meeting No. 03-23 Page 13 of 13 Tuesday, August 26, 2003 Councillor Kean inquired as to the feasibility of issuing a fine for businesses who post mobile signs in contravention of the Town’s sign by-law, as compensation for the time and effort placed upon staff, which could be put to better use. Councillor Kean advised that he recently attended an event hosted by the York Region Food Network and commended Nancy Wood and the many organizers and participants of the program, who are able to provide fresh vegetables to various local charities every year, through their gardening program. Councillor MacEachern provided Notice of Motion regarding an Environmental Advisory Committee. XI READING OF BY-LAWS Moved by Councillor Timpson Seconded by Councillor Griffith THAT the following by-law be given 1st, 2nd and 3rd readings, and enacted, as amended; and 4452-03.T BEING A BY-LAW to designate and erect stop signs at the intersections of Stone Road and Crow’s Nest Gate. THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4453-03.D BEING A BY-LAW to establish highways (Vandorf Road.) 4455-03.T BEING A BY-LAW to amend Parking By-law 3377-92 as amended, with respect to McLeod Drive and Old Yonge Street CARRIED XII IN CAMERA Property Matters Moved by Councillor Griffith Seconded by Councillor Wallace THAT Council proceed In Camera to address property matters. CARRIED XIII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 8:45 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK