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MINUTES - Council - 20031028 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 03-30 Council Chambers Aurora Town Hall Tuesday, October 28, 2003 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair; Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic, Wallace and West. MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Treasurer, Solicitor and Council/ Committee Secretary. Mayor Jones called the meeting to order at 7:25 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 withdrawal of item #5 PW03- 048 - Approval to Execute a Preservicing Agreement Whitwell/State Farm Subdivision (D12-00-4A), and with the following additional items:  Delegation request from Mr. Stephen Mills, Resident and Member of the Local Architectural Conservation Advisory Committee (LACAC), Re: Maple Street Construction – Curb Issue  Delegation request from Mr. Stan Stein of Osler Hoskin & Harcourt LLP Barristers and Solicitors, Re: Magna Medical Centre  Memo from the Director of Planning, Re: Oak Ridges Moraine Compliance Exercise (OPA 48 and ZBA 4469-03.D)  Memo from Councillor John West, Re: Oak Ridges Moraine Key Natural Heritage Features and Hydrological Features  Letter from Phyllis Morris, Resident, Re: “Legal Remedy Provisions” - Moraine Protection CARRIED Council Meeting No. 03-30 Page 2 of 13 Tuesday, October 28, 2003 III ADOPTION OF MINUTES Council Meeting No. 03-28, Tuesday, October 14, 2003 and Special Council Meeting No. 03-29, Tuesday, October 21 and Wednesday, October 22, 2003 Moved by Councillor Griffith Seconded by Councillor Wallace THAT the Council Minutes of Meeting Number 03-28 and Special Council Minutes of Meeting Number 03-29 be adopted as printed and circulated. CARRIED IV PRESENTATIONS Mr. Lloyd Cherniak and Ms Shauna Tepperman Presenting Grants from the Arts and Culture Fund Mayor Jones introduced Ms Shauna Tepperman and Mr. Lloyd Cherniak, who were in attendance to present the grants from the Arts and Culture Fund. Ms Tepperman and Mr. Cherniak made the following presentations and the organizations receiving the grants indicated the following uses for the funds:  Aurora Agricultural Fair and Horse Show – Mr. Andy McPhearson advised that the grant will be put towards the Festival of Arts and various craft and art displays to be held at the Aurora Fair.  Aurora Chamber of Commerce - Kim Kerr advised that the grant will be used for the costs of entertainment at the Annual Street Festival (Street Sale).  Aurora Nursery School - Maria McLaughlin advised that the grant will be put towards music programs for the children.  Aurora Heights Public School - Marilyn McLeod advised that the grant will be put towards a special literacy collaborative project, involving visits to classrooms from known authors and illustrators.  Aurora Senior’s Book Club - Flo Murray advised that the grant will be used to assist with the purchasing of new books for the group to share and discuss.  Aurora Historical Society - Helen Roberts advised that the grant will be used to create a welcoming sign to introduce the new Aurora Heritage Centre which will be opening soon in the Church Street School.  Irish Dance Association - Lisa Disera advised that the funds will go towards registration costs for students to enter into a championship which will be taking place in Ottawa.  Aurora’s Creative Connection - Julie Cheeseman advised that the grant will be used to support therapeutic art classes for people with special needs.  In Celebration of the Arts - Deborah Weller advised that the grant will be used to support a variety of bursaries to encourage and support aspiring students of the arts.  York Symphony Orchestra - Linda Doyle advised that the grant will be put towards supporting a series of special concerts.  Senior Jubilee - Scottish Dance Club - Janet Todd advised that they will use the grant to help pay for new costumes for the dancers.  Theatre Aurora – Ann Curry-O’Brien advised that the grant will be used to help fund their new website and other expenses. Council Meeting No. 03-30 Page 3 of 13 Tuesday, October 28, 2003 Mayor Jones thanked Ms Shauna Tepperman and Mr. Lloyd Cherniak, on behalf of the Town and recognized the tremendous contributions they and Mr. Joe Lebovic have given to the Arts Community within the Town of Aurora. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 3, 12 and 13 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor MacEachern 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: 2. LS03-046 - New Seniors Centre Building Program THAT Council receive the report of the Project Manager, Grey-Noble Associates Inc. and endorse the Schematic Building Design for a new Seniors Centre estimated at 14,000 square feet; and THAT Staff and Project Manager continue to refine the Schematic Design with the input of the Seniors Steering Committee; and THAT Council direct staff to authorize the Project Manager to proceed with the preparation of an RFP and short-list for Architectural Services for the preparation of final Design and Tender documents; and THAT Council endorse the strategy to host a Public Information Night to update the community on the status of the project and to explore other community and/or joint use opportunities regarding the future operation of the Seniors Centre; and THAT Council receive the Draft Project Timetable for the construction of the facility subject to the approval of the 2004 Capital Budget. 4. PL03-111 - Site Plan Application State Farm Mutual Automobile Insurance Company Part of Lot 22, Concession 3, E.Y.S. NE corner of Leslie Street and Wellington Street East File D11-06-03 THAT Report PL03-111 be received as information; and THAT, subject to final approval of the associated minor variance application, and subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning to execute a Site Plan Agreement substantially in the form attached to this report only after Draft Plan of Subdivision D12-00-4A is registered; and THAT, in the eventuality that significant changes occur to the Site Plan Agreement and/or the site plan, staff be directed to report to Council. Council Meeting No. 03-30 Page 4 of 13 Tuesday, October 28, 2003 6. PL03-108 - Application for Exemption from Part Lot Control Fieldport Properties Limited Lots 75, 76, 77, 78, 79, 80, 81, 106, 107 and 108, and Blocks 174, 175, 176, 177, 178 and 179, Registered Plan 65M-3658 Collis Drive, Cottinghill Way, Gwilliam Lane, McNally Way and River Ridge Boulevard, File D12-PLC-09-03 THAT Council approve the request for exemption from Part Lot Control made by Fieldport Properties Limited to divide Lots 75, 76, 77, 78, 79, 80, 81, 106, 107 and 108, and Blocks 174, 175, 176, 177, 178 and 179, Registered Plan 65M-3658 into separate lots; and, THAT Council enact By-law 4470-03.D. 7. PL03-109 - Application for Exemption from Part Lot Control Bayview -Wellington Homes (Aurora) Inc. Blocks 253, 255, 260, 261, 262, 263, Registered Plan 65M-3573 Kirkvalley Crescent, File D12-PLC-08-03 THAT Council approve the request for exemption from Part Lot Control made by Bayview-Wellington Homes (Aurora) Inc. to divide Blocks 253, 255, 260, 261, 262, 263, Registered Plan 65M-3573 into separate lots; and, THAT Council enact By-law 4473-03.D. 8. PL03-110 - Site Plan Application LOBLAW PROPERTIES LIMITED SW corner of Bayview Avenue and St. John’s Sideroad East File D11-16-98 THAT Report PL03-110 be received as information and that, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning to enter into a site plan agreement between Loblaw Properties Limited and the Town of Aurora respecting the construction of a supermarket. 9. TR03-027 - Development Charges Background Study (2004) THAT Council approve award of the contract to complete a Development Charges Background Study and implementation of a new Development Charge By-law to Hemson Consulting Ltd. for a total amount not to exceed $40,000 (excluding taxes) in accordance with the Development Charges Act, 1997; and THAT Council approves funding for the Development Charges Background Study and implementation of a new Development Charge By- law project from the Town’s Development Charge Reserve Funds as outlined in the Town’s approved 2003 Capital Budget under the reference - Growth Related projects. 10. TR03-026 - Third Quarter Financial Review @ September 30, 2003 THAT the Treasurer’s report TR03-026 “Third Quarter Financial Review @ September 30, 2003” be received for information. Council Meeting No. 03-30 Page 5 of 13 Tuesday, October 28, 2003 11. CS03-041 - 2004 Council and Committee Meeting Calendar THAT the 2004 Council and Committee Meeting Calendar attached hereto as Attachment “1” be approved on a provisional basis subject to further endorsement by the newly elected Council. 14. Correspondence from L. Douglas Hubley, Chair of the Aurora Public Library Board, re: Legislative Changes THAT the correspondence be received for information and be forwarded to the newly elected Council for their direction. 15. General Committee Report No. 03-15 Tuesday, October 21, 2003 THAT the Report of the General Committee Meeting No. 03-15 be received and the recommendations carried by the Committee be adopted. 16. TSAB03 -010 - October 8, 2003, Traffic Safety Advisory Board Meeting NO QUORUM REPORT THAT the No Quorum Report of the Traffic Safety Advisory Board be received for information. CARRIED VII DELEGATIONS Mr. Reg Chappell, President of the Aurora Swim Club re: Item 3 - LS03-047 - New Recreation Complex Mr. Reg Chappell, President and Head Coach of the Aurora Swim Club, provided a detailed account of the increased popularity of the Aurora Swim Club and of the outstanding achievements of many athletes who have trained through this program to go on to win major competitions in Ontario and elsewhere in Canada. Mr. Chappell advised that the demand for a competitive swimming facility is prevalent within the Region of York and beyond, adding that there is a tremendous need for improved swimming facilities here in Aurora. Mr. Chappell closed by requesting that the Town give consideration to the construction of a 25 metre, 8 lane swimming pool in the new Leisure Facility. Moved by Councillor Griffith Seconded by Councillor Kean THAT the delegation be received and that item #3 be brought forward for consideration at this time. CARRIED 3. LS03-047 - New Recreation Complex Moved by Councillor Timpson Seconded by Councillor Griffith THAT Council receive and endorse the Report of MHPM Project Managers including the Schematic Building Program for a Recreation Centre on the Burnett Lands including the following major components: i) 25 metre 6 lane pool ii) Two pad ice surface iii) Youth Centre iv) Community space including a canteen v) Pre-school area vi) Office space; and Council Meeting No. 03-30 Page 6 of 13 Tuesday, October 28, 2003 THAT Council endorse the continued refinement of the Schematic Design through a Public Project Planning Seminar to be hosted by the Project Manager, tentatively scheduled for November 18, 2003; and THAT the Project Manager be authorized to proceed with the Request for Proposals from Architect firms, review and short listing of preferable proponents for a future report to Council in January 2004; and THAT Council receive the Draft Project Timetable for the construction of the facility subject to the approval of the 2004 Capital Budget. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Griffith Seconded by Councillor Timpson THAT component i) be revised to read “25 metre 8 lane pool” within the schematic Building Program, for consideration and pricing. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor MacEachern THAT staff be requested to bring forward a report outlining the costs associated with each of the building components within the schematic Building Program, in January of 2004; and THAT this report include a section to address options for placing the proposed Youth Centre (Double Gym) on the Burnett Lands, or at a more central location within the Town of Aurora, with all estimated associated costs included. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Pedersen Seconded by Councillor Wallace THAT component iii) be revised to read “Double Gymnasium” within the Schematic Building Program. CARRIED The main motion was CARRIED AS AMENDED Council Meeting No. 03-30 Page 7 of 13 Tuesday, October 28, 2003 Delegation request from Mr. Stephen Mills, Resident and Member of the Local Architectural Conservation Advisory Committee (LACAC), Re: Maple Street Construction – Curb Issue (Added Item) Mr. Stephen Mills, advised that he has been a resident of Aurora living at the North East corner of Yonge Street and Maple Street for over 60 years and explained that he has spent many years working with various committees, community groups and heritage organizations towards the goal of preserving the distinct heritage features within the downtown core of the Town of Aurora. Mr. Mills advised that he represents the Streetscape Steering Committee who have worked with staff very closely throughout the process of planning the reconstruction of Maple Street. Mr. Mills advised that the Streetscape Committee was under the impression that when Maple Street was to be replaced, the curbs would be relatively low and somewhat rounded, as are the curbs recently installed along Kennedy Street. Mr. Mills advise that the curbs, which were installed on Maple Street are six inches high and are not what the Streetscape Committee or residents of that area had envisioned. Mr. Mills expressed great disappointment and concern that the new curbs have destroyed the aesthetic character of this historic street and asked that Council take whatever measures necessary to reduce the height and intrusive effect that these urban curbs are having on this streetscape. Moved by Councillor Vrancic Seconded by Councillor Wallace THAT staff be directed to locate $30,000 from the Town of Aurora budget to fund the reinstallation of curbs along Maple Street; and THAT the new design of the curbs on Maple Street be similar to those recently installed on Kennedy Street. CARRIED Delegation request from Mr. Stan Stein of Osler Hoskin & Harcourt LLP Barristers and Solicitors, Re: Magna Medical Centre (Added Item) Mr. Stan Stein of Osler, Hoskin & Harcourt LLP Barristers and Solicitors, advised that he is before Council to request that consideration be given to the draft Zoning Amendment By-law 4464-03.D for the Magna Medical Centre, which is included in the added items for this evening’s meeting. Mr. Stein advised that he has worked closely with staff to ensure that his client has met all necessary requirements to finalize the Zoning By-law Amendment and site plan specifications, therefore he requested that Council approve draft Zoning Amendment By-law 4464-03.D for the Magna Medical Centre, and approve the corresponding Site Plan Agreement subject to the schedules to the agreement being finalized by staff. Moved by Councillor Griffith Seconded by Councillor West THAT the delegation be received for information. CARRIED Moved by Councillor West Seconded by Councillor Griffith THAT Zoning Amendment By-law 4464-03.D – Magna Medical Centre, be approved; and THAT staff be delegated the authority to review and finalize the Site Plan Agreement process. CARRIED Council Meeting No. 03-30 Page 8 of 13 Tuesday, October 28, 2003 Moved by Councillor MacEachern Seconded by Councillor Griffith THAT added item - Memo from Director of Planning Re: Oak Ridges Moraine Compliance Exercise (OPA 48 and ZBA 4469-03.D) be brought forward for consideration at this time. CARRIED Memo from Director of Planning Re: Oak Ridges Moraine Compliance Exercise (OPA 48 and ZBA 4469-03.D) (Added Item) Moved by Councillor MacEachern Seconded by Councillor Kean THAT the Clerk be authorized to forward the following Council clarification and compliance documents reflecting this clarification to the Ministry of Municipal Affairs and Housing: The intention of the Council Resolution dated October 21, 2003 pertaining to the Implementation Phase of the Oak Ridges Moraine Official Plan and Zoning By-law Conformity exercise was not to impact the ability of approved applications to obtain registrations and subsequent building permits. As such Schedules “K” to “N” inclusive of Official Plan Amendment No. 48 and Schedules “B” to “E” inclusive of Zoning By-law No. 4469-03.D do not apply to Draft Approved Subdivisions or Registered Plans of Subdivision or the Zoning By-law Amendments or Site Plans required to implement such approvals in accordance with the transitional provisions of the Oak Ridges Moraine Conservation Act. It should, however, be noted that it was not Council’s intention to exempt Official Plan Amendments and/or Secondary Plans; and THAT the specific developments identified, be outlined on Schedule “A” to the zoning by-law with the following denotation “Transitional – not subject to Schedules “B” to “E” inclusive of the By-law”; and THAT a copy of the letter received by the Town of Aurora, dated October 24, 2003 from Osler Hoskin & Harcourt LLP Barristers and Solicitors, be sent to the Minister of Municipal Affairs, the Office of our local MPP and the Office of the Premier of Ontario for their consideration and information; and further THAT in light of the concerns raised in the letter, the Ministry of Municipal Affairs and Housing be requested to review the Town’s Official Plan Amendment #48 at their earliest convenience. On a recorded vote, the motion was CARRIED UNANIMOUSLY Council Meeting No. 03-30 Page 9 of 13 Tuesday, October 28, 2003 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. ADM03-019 - Access Agreement with Adjoining Owners Park, Centre and Mill Streets Moved by Councillor Wallace Seconded by Councillor West THAT the Mayor and Clerk be authorized to execute the attached Agreement between the Town of Aurora, Helen Kovacs, Pak Quan Lee, Perwick Investments Limited and Aurora Mills Development Limited regarding access issues relating to Park, Centre and Mill Streets subject to the completion of applicable procedures respecting: • the acquisition of lands suitable for the installation of a soccer pitch in exchange for the conveyance of a portion of Centre Street (lying east of Industrial Parkway) to the adjoining owner; and • the conveyance of Mill Street to the adjoining owners; and • the acquisition of lands necessary to widen and establish a portion of Park Street as public highway, and THAT the applicable by-laws to give effect to same be introduced to Council for their consideration at a future meeting. CARRIED 12. CS03-042 - By-law Services Vehicle Acquisition Moved by Councillor Kean Seconded by Councillor Wallace THAT the quotations submitted by North York Chevrolet for the provision of a 2004 Chevrolet Cavalier on a 36-month lease, and the quotation submitted by North York Chevrolet for the provision of a 2004 Chevrolet Cavalier on a 36-month lease NOT be accepted; and THAT Council NOT approve allocation from the By-law Services vehicle replacement reserve an amount equal to the sum of the monthly lease payment for the year. DEFEATED Moved by Councillor Pedersen Seconded by Councillor Timpson THAT the quotation submitted by North York Chevrolet for the provision of a 2004 Chevrolet Cavalier on a 36-month lease be accepted; and THAT Council approve allocation from the By-law Services vehicle replacement reserve an amount equal to the sum of the monthly lease payment for the year; and THAT Council approve allocation from the By-law Services vehicle replacement reserve an amount equal to the buy out provision at the conclusion of the lease term. CARRIED Council Meeting No. 03-30 Page 10 of 13 Tuesday, October 28, 2003 13. CS03-043 - Special Constable Review Moved by Councillor Griffith Seconded by Councillor Kean THAT Council receive the report entitled Special Constable Review; and THAT Council support the position of the York Region Police Chief; and THAT Council direct staff to investigate the other traffic control options outlined in this report, as well as costs involved in increasing York Regional Police and appointing officers dedicated to enforcing the Highway Traffic Act. CARRIED IX REGIONAL REPORT None X OTHER BUSINESS, COUNCILLORS Councillor Kean expressed concern with respect to reports of trucks dumping waste materials in a former land fill site on Bayview Avenue, Staff advised that they are aware of the situation will take measures to ensure that no illegal dumping takes place on those lands. Letter from Phyllis Morris, Resident, Re: “Legal Remedy Provisions” - Moraine Protection (Added Item) Moved by Councillor MacEachern Seconded by Councillor West THAT the correspondence be received and referred to the Town Solicitor. CARRIED Moved by Councillor MacEachern Seconded by Councillor Kean THAT staff be directed to provide a written response to Council explaining why the e-mail dated October 6, 2003, received from Mr. Ian Lord of WeirFoulds, indicating that a partner in his firm was representing a landowner within the Oak Ridges Moraine Conservation Plan area, was not brought to Council’s attention in a timely fashion. CARRIED Moved by Councillor MacEachern Seconded by Councillor Kean THAT, should the meeting requested in the letter written by the Mayor of the Town of Aurora, dated October 24, 2003, with Mr. McGuinty, Mr. Sorbara and the new Minister of Municipal Affairs and Housing, come to fruition; THAT Councillors MacEachern and Vrancic be in attendance at this meeting, and should either be unable to attend, that two members of Council who voted in favour of the October 21, 2003, Oak Ridges Moraine Motion, be in attendance. Council Meeting No. 03-30 Page 11 of 13 Tuesday, October 28, 2003 On a recorded vote, the motion was DEFEATED YEAS: 4 NAYS: 5 VOTING YEAS: Councillors Griffith, Kean, MacEachern and Vrancic VOTING NAYS: Councillors Timpson, Pedersen, Wallace, West and Mayor Jones Moved by Councillor MacEachern Seconded by Councillor Kean THAT the provisions of the Procedural By-law be waived, the hour of adjournment be extended and the Agenda be completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor Griffith THAT added item - Memo from Councillor John West Re: Oak Ridges Moraine Key Natural Heritage Features and Hydrological Features be brought forward for consideration at this time. CARRIED Memo from Councillor John West, Re: Oak Ridges Moraine Key Natural Heritage Features and Hydrological Features (Added Item) Moved by Councillor West Seconded by Councillor Vrancic THAT staff be instructed to seek the advice of, and confirm with appropriate Provincial or Lake Simcoe Conservation Authority staff, the location of hydrological natural heritage features with a view to identifying those that meet the Provincial Criteria as expressed in the Oak Ridges Moraine Conservation Plan, and technical working documents; and THAT the Minister of Municipal Affairs be requested to make the appropriate modifications when dealing with the approval of OPA #48 and Zoning Amendment By-law 4469-03.D; and THAT this process take place as soon as possible. DEFERRAL: Upon the question of the adoption of the resolution, it was: Moved by Councillor MacEachern Seconded by Councillor Kean THAT the item be deferred to the next term of Council when established. DEFEATED REFERRAL: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor Vrancic THAT the item be referred to staff for further review and that a report be brought to Council on November 25, 2003 for consideration at that time. CARRIED Council Meeting No. 03-30 Page 12 of 13 Tuesday, October 28, 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, with the addition of By-law 4464-03.D: 4470-03.D BEING A BY-LAW to exempt Part of Lots 75, 76, 77, 78, 79, 80, 81, 106, 107, 108 and Part of Blocks 174, 175, 176, 177, 178 and 179 on Registered Plan 65M-3658, in Aurora, from the Part Lot Control provisions as provided in subsection 50 (5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended). (Fieldport Properties Limited, File D12PLC-09-03) 4471-03.T BEING A BY-LAW to amend Parking By-law 3377-92 as amended, with respect to Maple Street and Fleury Street. 4472-03.T BEING A BY-LAW to amend Parking By-law 3377-92 as amended, with respect to Bilbrough Street, Borealis Avenue, Brooks Avenue, Collis Drive, Conover Avenue, Cottinghill Way, Delattaye Avenue, Fouracre Way, Gwilliam Lane, Hartwell Way, Marshview Avenue, McNally Way, Petermann Street, River Ridge Boulevard, Spring Farm Road and Starr Crescent. 4473-03.D BEING A BY-LAW to exempt Blocks 253, 255, 260, 261, 262 and 263 Registered Plan 65M-3573, in Aurora, from the Part Lot Control provisions as provided in subsection 50 (5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended). (Bayview Wellington Homes (Aurora) Inc., File D12 PLC-08-03) 4474-03.D BEING A BY-LAW to authorize the Injury or Destruction of Trees (Tree Permit By-law). 4464-03.D BEING A BY-LAW to amend By- law 2213-78 (Magna Medical Centre) CARRIED Council Meeting No. 03-30 Page 13 of 13 Tuesday, October 28, 2003 XII IN CAMERA Legal Matter Moved by Councillor Wallace Seconded by Councillor Griffith THAT Council proceed In Camera to address a legal matter. CARRIED XIII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 10:40 p.m. CARRIED