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MINUTES - Council - 20031216 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 03-34 Council Chambers Aurora Town Hall Tuesday, December 16, 2003 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris, 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 and Council/Committee Secretary. Following open forum Mayor Jones called the meeting to order at 7:10 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Gaertner declared an interest in By-law 4486-03.D due to her membership in an association affiliated with the Bingo operations at the property, 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 Wallace Seconded by Councillor Hogg THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented, with the following additional items:  Withdrawal of Item #19 - Report TR03-028  Withdrawal of the Delegation from the Alzheimer Society for York Region (hand out material was provided at the meeting)  Withdrawal of the Delegation from Mr. Mark R. Flowers of Davies Howe Partners Re: F.A.I. Development Corp. pertaining to the property located at the North East corner of Yonge Street and Bloomington Road (Mr. Flowers spoke at the open forum portion of the evening)  Letter from Mr. Robert Luery, Board Member of the Aurora Cornerstone Church to accompany his Delegation  Correspondence from Mr. D.J. Lawrence, General Manager of Kennel Inn Re: Council Report CS03-047 (Item #1)  Revised By-law 4490-03.C CARRIED Council Meeting No. 03-34 Page 2 of 13 Tuesday, December 16, 2003 III ADOPTION OF MINUTES Council Meeting No. 03-32, Tuesday, November 25, 2003, and Inaugural Meeting of the 2003-2006 Council No. 03-33, Tuesday December 2, 2003. Moved by Councillor West Seconded by Councillor Wallace THAT the Council Minutes of Meeting Numbers 03-32 and 03-33 be adopted as printed and circulated. CARRIED IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 3, 4, 5, 10, 14, 16, 17, 21, 22, 23 and 24 were identified for discussion. Moved by Councillor Hogg Seconded by Councillor West THAT the correspondence from Mr. Mark R. Flowers of Davies Howe Partners Re: F.A.I. Development Corp. pertaining to the property located at the North East corner of Yonge Street and Bloomington Road be received and referred to staff. CARRIED VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor Wallace 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. CS03-045 – Request for Street Name Whitwell/State Farm Part of Lot 21 and 22, Concession 3 Draft Plan of Subdivision D12-00-4A THAT the following names be allocated to the roads within the proposed Subdivision Plan (D12-00-4A). First Commerce (Street ‘A’) State Farm (Street ‘B’) 6. ADM03-023 – Proposed Acquisition of Lands in Exchange for the Closure and Sale of Mill Street and a Portion of Centre Street THAT By-law 4479-03.L, being a by-law to acquire lands described as Part of Reserve and Part of Lots 4, 5, 8, 9, 10, 11, 25, 26 and 27 on Plan 231 be provided all three readings; and Council Meeting No. 03-34 Page 3 of 13 Tuesday, December 16, 2003 THAT By-law 4480-03.T, being a by-law to declare surplus, close and sell Mill Street and a portion of Centre Street lying east of Industrial Parkway North be provided all three readings. 7. PL03-121 – Official Plan and Zoning By-law Amendment Applications Town of Aurora (Burnett Lands) Part of Lot 21, Concession II 1344 and 1396 Wellington Street East 15286 Leslie Street Files D09-08-03 and D14-25-03 THAT By-law 4489-03.D, being a by-law to adopt Official Plan Amendment Number 49 be enacted. 8. PL03-115 – Application for Exemption from Part Lot Control Sierra Homes (Aurora) Inc. Lot 1, Registered Plan 65M-3705 Burgon Place File D12-PLC-11-03 THAT Council approve the request for exemption from Part Lot Control made by Sierra Homes (Aurora) Inc. to divide Lot 1 on Burgon Place, Registered Plan 65M-3705, into separate lots; and, THAT Council enact By-law 4483-03.D 9. PL03-120 – Zoning By-law Amendment Application Bayview Business Park Inc. 108 – 224 Hollidge Boulevard File D14-31-03 THAT Council receive as information the following overview of a Zoning By-law Amendment application D14-31-03, scheduled for the January 28, 2004 Public Planning Meeting. 11. PL03-122 – Zoning By-law Amendment Application Willow Pond Services Limited 215 Edward Street File D14-05-03 THAT, implementing By-law 4486-03.D be enacted. 12. PL03-123 – Official Plan and Zoning By-law Amendment Applications EV-TAZ Development Limited Lot 4, Registered Plan 65M-2873 217 Earl Stewart Drive Files D09-15-03 and D14-34-03 THAT Council receive as information the following overview of Official Plan and Zoning By-law Amendment Applications D09-15-03 and D14-34- 03, scheduled for the January 28, 2004 Public Planning Meeting. Council Meeting No. 03-34 Page 4 of 13 Tuesday, December 16, 2003 13. PL03-118 – Morguard Real Estate Investment Trust Blocks 2 & 3, R.P. 65M-3074 (Sobeys/Zellers Site) Official Plan and Zoning Amendment Applications Files D09-12-03 & D14-29-03 respectively THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-12-03 and D14-29-03 respectively regarding Blocks 2 & 3, R.P. 65M-3074, scheduled for the January 28, 2004 Public Planning Meeting. 15. PW03-050 – Contract Extension – Tender No. PW-2000-28 The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations Within the Town of Aurora THAT Tender No. PW -2000-28, The Maintenance and Emergency Responding to Sanitary Lift and Water Booster Stations within the Town of Aurora with American Water Services Canada Corp. (formerly known as Azurix North America) be extended on a month-to-month basis as detailed in this report; and THAT Council authorize the Mayor and Clerk to sign the attached Agreement to extend the above Contract. 18. TR03-029 – Proposed 2004 Operating and Capital Budget Schedule THAT Council approve the preliminary stages of the proposed 2004 Operating and Capital Budget Schedule as follows:  Distribution of the 2004 Operating and Capital Budgets - December 19, 2003  1st Draft Presentation & Discussion to General Committee - January 17, 2004 THAT Council direct staff to advertise the proposed meeting date for presentation and discussion of the 1st Draft of the 2004 Operating and Capital Budgets at the General Committee meeting of Saturday, January 17, 2004. 20. CS03-049 – Workplace Safety and Insurance Board Program Review THAT Council approve the transfer of funding from the Town’s Insurance Reserve account in respect of:  the Workers Safety Insurance Board (WSIB) - Schedule 1 Provisional Departure Fee in the amount of $278,144 covering all years up to and including December 31, 2002 plus  an amount not to exceed $7,500 for Consultant’s fee in the event that Council approves the transfer to Schedule 2 employer status. THAT Council direct staff to obtain quotations from eligible insurance brokers, in accordance with the Town’s procurement policies, for the provision to provide Excess Indemnity and Occupational Accident insurance coverage with an effective date of January 1, 2004. CARRIED Council Meeting No. 03-34 Page 5 of 13 Tuesday, December 16, 2003 VII DELEGATIONS Ms Carole Mernick, of Aurora Residents Pet Care Association Re: Concerns regarding Kennel Inn Animal Control Centre Ms Carol Mernick, Director of the Aurora Residents Pet Care Association advised that she was accompanied by Ms Carol Wilson who is also a member of the association. Ms Mernick advised that the Aurora Residents Pet Care Association has various concerns with Kennel Inn, including but not limited to; location, accessibility, hours of operation, facilities, maintenance and care of the animals who reside at the facility. Ms Mernick requested that something be done to promote the adoption of animals from this facility and encouraged Council to consider not renewing the existing agreement with Kennel Inn, and entering into a contract with an alternate facility Moved by Councillor West Seconded by Councillor Vrancic THAT the comments of the delegate be received as information and referred to Item #1 for consideration. CARRIED Moved by Councillor West Seconded by Councillor Hogg THAT a representative from Kennel Inn be permitted to present a delegation to Council. CARRIED Mr. D.J. Lawrence, General Manager of Kennel Inn Mr. D.J. Lawrence, General Manager of Kennel Inn advised that he is very disturbed by the concerns of the residents, which were submitted to Council, and distressed that these concerns were not brought to himself or any of the senior staff at Kennel Inn. Mr. Lawrence advised that, although Kennel Inn has recently created a new adoption facility, staff are aware of the need to upgrade the facility on the whole, and wish to provide better accommodation and services for the animals in their care, however a variety of circumstances have prevented this from happening thus far. Mr. Lawrence expressed interest in attending future meetings with Town staff and concerned residents to further discuss the possibility of working together with the Aurora Residents Pet Care Association to achieve better animal shelter services in the Town of Aurora. Moved by Councillor Morris Seconded by Councillor Vrancic THAT the comments of the delegate be received as information and referred to Item #1 for consideration. CARRIED Moved by Councillor Buck Seconded by Councillor Morris THAT Item #1 be brought forward for consideration at this time. CARRIED Council Meeting No. 03-34 Page 6 of 13 Tuesday, December 16, 2003 1. CS03-047 – Animal Control Services Moved by Councillor Buck Seconded by Councillor West THAT Council approve on an interim period of 1 year the contract extension with Kennel Inn for animal control services at a cost of $93,000; and THAT staff actively pursue with other municipalities in York Region the establishment of a new animal control joint venture operation. On a recorded vote, the motion was DEFEATED YEAS: 1 NAYS: 8 VOTING YEAS: Councillor Buck VOTING NAYS: Councillors Gaertner, Hogg, Kean, Morris, Vrancic, Wallace, West and Mayor Jones Moved by Councillor West Seconded by Councillor Morris THAT Council approve on an interim period of 6 month the contract extension with Kennel Inn for animal control services at a cost of $46,500; and THAT staff be requested to investigate all concerns raised in the letters and the delegation from the Aurora Residents Pet Care Association and Kennel Inn, as well as the practices of neighbouring municipalities with regard to the provision of animal control and shelter services and report back to Council. CARRIED Mr. Robert Luery, Board Member of the Aurora Cornerstone Church Re: Vacant Lot located North of 390 Industrial Parkway South, Owned by the Town of Aurora Mr. Luery advised that the Aurora Cornerstone Church was established in 1997 at 360 Industrial Parkway, and that the current building is now too small to accommodate the number of users. Mr. Luery advised that there is no space to expand the building within the property boundaries without cutting into the parking area, which is already used to capacity. Mr. Luery advised that the Cornerstone Church would like to purchase the property at 390 Industrial Parkway from the Town of Aurora and use this property to either create a new parking area for the Church, thus allowing the current building to be expanded, or to build a new church on the proposed land and expand the existing parking lot. Mr. Luery advised that this type of venture is unfamiliar for him and requested that the Town, should they be interested in pursuing the matter, please provide assistance and suggestions as to the process for engaging in such an agreement. Moved by Councillor Wallace Seconded by Councillor West THAT the comments of the delegate be received as information. CARRIED Council Meeting No. 03-34 Page 7 of 13 Tuesday, December 16, 2003 Moved by Councillor Morris Seconded by Councillor Buck THAT the proposal be referred to staff to review and report back to Council. CARRIED Mr. Dennis Tanaka of Dennis Tanaka Architects Inc. Re: Provision of Architectural Services for New Seniors’ Centre RFP - #LS-2003-79 Mr. Tanaka of Dennis Tanaka Architects Inc. provided a detailed summary of previous projects that his firm has been involved in for the Town of Aurora as well as various other municipalities in the Region of York. Mr. Tanaka advised that as a result of an unfortunate miscommunication, his firm was not being considered as part of the listed groups to provide Architectural Services for the New Seniors’ Centre. Mr. Tanaka requested that, under the circumstances, Council would grant his firm the opportunity for their proposal to be considered with the other candidates. Moved by Councillor Gaertner Seconded by Councillor Kean THAT the comments of the delegate be received as information. CARRIED Moved by Councillor Kean Seconded by Councillor Hogg THAT Mr. Tanaka’s request be denied. CARRIED Moved by Councillor Vrancic Seconded by Councillor Wallace THAT Item #17 be brought forward for consideration at this time. CARRIED 17. LS03-049 – Short List of Architects of the New Seniors’ Centre Moved by Councillor West Seconded by Councillor Morris THAT Council approve the short list of Architects for the New Seniors’ Centre; and THAT Council direct staff to commence the interview process and recommend an Architectural Firm at the January 20, 2004 General Committee Meeting. CARRIED Moved by Councillor Morris Seconded by Councillor Kean THAT any members of Council who wish to participate in the final interview process, be permitted to do so; and THAT members of Council be kept aware of the interview process as it commences. CARRIED Council Meeting No. 03-34 Page 8 of 13 Tuesday, December 16, 2003 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. CS03-046 – Naming of Access Region of York Water Treatment Facility Part of Lot 82, Con. 1 W.Y.S. D11-EX-03 Moved by Councillor Wallace Seconded by Councillor Vrancic THAT Council allocate the name “Water Well Lane” (Street ‘A’) to the proposed access road leading to the Region of York’s Water Treatment Facility. CARRIED 4. CS03-048 – Boards and Committees Moved by Councillor West Seconded by Councillor Wallace THAT Council authorize staff to proceed with the advertising for applicants to fill the vacancies on the following boards and committees: Committee of Adjustment/ Property Standards Committee, Library Board, and Cemetery Board. CARRIED 5. ADM03-022 – RFP for Real Estate Broker – Disposition of Property Wellington Street East and Bayview Avenue, Chapman Court Extension Moved by Councillor West Seconded by Councillor Wallace THAT subject to Council’s future enactment of the necessary by-law to declare surplus the Town owned lands located at Wellington Street East and Bayview Avenue, that the proposal submitted by Vincent Cairo and Glenn Crosby of J.J. Barnicke Ltd. be approved for the provision of brokerage services to assist in the disposition of the property. REFERRAL: Upon the question of the adoption of the resolution, it was: Moved by Councillor Buck Seconded by Councillor West THAT ADM03-022 be referred to staff to consult with the Region of York to determine if the Region would be interested in purchasing the subject lands at market value for the construction of supportive housing units. CARRIED Council Meeting No. 03-34 Page 9 of 13 Tuesday, December 16, 2003 10. PL03-116 – Application for Exemption from Part Lot Control Cardiff Vale Estates Inc. Lots 27 to 51 and 72 to 88, Registered Plan 65M-3677 Starr Crescent, Conover Avenue & Petermann Street File D12-PLC-13-03 Moved by Councillor Kean Seconded by Councillor Vrancic THAT Council approve the request for exemption from Part Lot Control made by Cardiff Vale Estates Inc. to divide Lots 27 to 51 and Lots 72 to 88 on Starr Crescent, Conover Avenue and Petermann Street, Registered Plan 65M-3677, into separate lots; and THAT Council enact By-law 4482-03.D. CARRIED 14. PL03-117 – Official Plan and Zoning By-law Amendments D09-09-03 and D14-27-03 respectively Lebovic Enterprises Inc. and Revlis Ltd. Part 6 of Plan 65R-14776 and Blocks 7, 8, 9, & 11 of Plan 65M-2718 Industrial Parkway North Moved by Councillor Wallace Seconded by Councillor Vrancic THAT Council endorse Staff Report PL03-117; and THAT the legal firm of Gowlings be retained to represent the Town at the Ontario Municipal Board Hearing; and THAT Hemson Consulting Inc. be retained to prepare an employment land retention strategy, assist with the preparation of an Official Plan Amendment to give effect to the strategy and provide such expertise in this area before the Ontario Municipal Board; and THAT Staff and such additional outside experts as required attend at the Ontario Municipal Board Hearing regarding the subject applications in order to ensure that the applications are not approved. CARRIED 16. LS03-045 - Fees and Service Charges Moved by Councillor Buck Seconded by Councillor Morris THAT Council approve the amendments to By-law #4448-03.F to the Department of Leisure Services Existing Fees and Service Charges related to existing and new programs instituted by the Department; and THAT the Director of Leisure Services meet with the minor ball and soccer associations for the purpose of discussing methods of minimizing facility maintenance costs and increasing the present rate of recovery for these services in accordance with the Pricing Policy approved by Council. CARRIED Council Meeting No. 03-34 Page 10 of 13 Tuesday, December 16, 2003 21. Memorandum from Mayor Tim Jones Re: Council/Management Team Off-Site Meeting Moved by Councillor Kean Seconded by Councillor Gaertner THAT the suggested Council/Senior Management Team meeting be held at the Town Hall in January 2004. On a recorded vote, the motion was DEFEATED YEAS: 3 NAYS: 6 VOTING YEAS: Councillor Gaertner, Kean and Morris VOTING NAYS: Councillors Buck, Hogg, Vrancic, Wallace, West and Mayor Jones Moved by Councillor West Seconded by Councillor Wallace THAT the Council/Management Team Off-Site Meeting to be held from January 9 to 11, 2004 at the Nottawasaga Inn, be approved. CARRIED At 9:50 p.m. Council recessed. The meeting reconvened at 9:55 p.m. 22. Memorandum from Councillor Phyllis Morris Re: Legal Opinion respecting an Application to quash OPA #48 Moved by Councillor Morris Seconded by Councillor Kean THAT a confidential copy of the legal opinion from Murray Davidson Q.C., dated December 2, 2003, an application to quash OPA No. 48, be circulated to all members of Council for preliminary review. On a recorded vote, the motion was DEFEATED YEAS: 3 NAYS: 6 VOTING YEAS: Councillor Gaertner, Kean and Morris VOTING NAYS: Councillors Buck, Hogg, Vrancic, Wallace, West and Mayor Jones Moved by Councillor West Seconded by Councillor Hogg THAT the confidential copy of the legal opinion from Murray Davidson Q.C., dated December 2, 2003, an application to quash OPA No. 48, be distributed to all members of Council ½ hour prior to the meeting with Mr. Davidson which is scheduled to take place on January 6, 2004; and THAT the legal opinion from Murray Davidson Q.C., dated December 2, 2003, continue to be available for viewing in the office of the CAO. Council Meeting No. 03-34 Page 11 of 13 Tuesday, December 16, 2003 AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Buck THAT all confidential copies of the legal opinion from Murray Davidson be returned to the CAO at the conclusion of the meeting. CARRIED On a recorded vote, the motion was CARRIED AS AMENDED YEAS: 6 NAYS: 3 VOTING YEAS: Councillor Buck, Hogg, Vrancic, Wallace, West and Mayor Jones VOTING NAYS: Councillors Gaertner, Kean and Morris 23. Correspondence from Councillor Nigel Kean Re: Code of Ethics Moved by Councillor Kean Seconded by Councillor Gaertner THAT a new committee be struck to review the Town of Aurora’s Code of Ethics, and that the revised document be presented to Council in June of 2004 for consideration. Councillor Buck requested that the Mayor call the question, on a vote the request to call the question was DEFEATED, and discussion on the issue continued. On a recorded vote, the motion was DEFEATED YEAS: 4 NAYS: 5 VOTING YEAS: Councillor Gaertner, Kean, Morris and Vrancic VOTING NAYS: Councillors Buck, Hogg, Wallace, West and Mayor Jones 24. Letter from the Royal Canadian Legion - Branch 385 and Ontario Command Office Re: Request for an Extension of Municipal Taxation exemption for their property located at 89 Industrial Parkway North Moved by Councillor West Seconded by Councillor Hogg THAT Council grant an extension to the exemption to municipal taxation for the Royal Canadian Legion, Branch 385, Aurora and the Ontario Command Office, from Upper and Lower Tier for the taxation year 2004. CARRIED Moved by Councillor Morris Seconded by Councillor Vrancic THAT the provisions of the Procedural By-law be waived, the hour of adjournment be extended and the agenda be completed. CARRIED IX REGIONAL REPORT Due to the late hour, no report was provided. Council Meeting No. 03-34 Page 12 of 13 Tuesday, December 16, 2003 X OTHER BUSINESS, COUNCILLORS Councillor Wallace inquired whether the Town is leasing the Community Centre Parking lot for the purpose of driver training for trucks, and was advised that there had been a permit for this use which has since been terminated. Councillor Kean asked that staff request the Region to investigate the installation of traffic signals at St. John’s Sideroad and Pinnacle Trail. Councillor Kean asked that staff investigate a way to better enforce the by-laws governing the maintenance of garbage bins on construction sites and adjoining properties and tree-cutting. Councillor Kean also noted that there has been property damage at the properties from 108 to 112 Tyler Street and property at Harriman Road. Councillor Kean requested that the Special Council meeting set for January 6, 2004 be rescheduled to January 14, 2004, as he will be out of the Province on the originally scheduled date. It was advised that staff would have to co-ordinate an alternate date which will allow all members and staff to attend, when a viable date is determined, Council and staff will be notified. Councillor Gaertner gave notice of motion with respect to the proposed Youth Centre. XI READING OF BY-LAWS Moved by Councillor Wallace Seconded by Councillor West THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4479-03.L BEING A BY-LAW to authorize the acquisition of lands described as Part of Reserve and Part of Lots 4, 5, 8, 9, 10, 11, 25, 26 and 27 on Plan 231. (Kovacs/Lee). 4480-03.T BEING A BY-LAW to close and sell Mill Street and a portion of Centre Street lying east of Industrial Parkway North in the Town of Aurora. 4481-03.F BEING A BY-LAW to provide a Schedule of fees to the Building By-law 3487-93. 4482-03.D BEING A BY-LAW to exempt Lots 27 to 51 and Lots 72 to 88, Registered Plan 65M-3677, 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). (Cardiff Vale Estates Inc.) Council Meeting No. 03-34 Page 13 of 13 Tuesday, December 16, 2003 4483-03.D BEING A BY-LAW to exempt Part of Lot 1 on Registered Plan 65M- 3705, 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). (Sierra Homes (Aurora) Inc.) 4485-03.F BEING A BY-LAW to authorize a schedule of fees for applications made in respect of Planning matters. 4489-03.D BEING A BY-LAW to adopt Official Plan Amendment No. 49. 4490-03.C BEING A BY-LAW to appoint a Deputy Mayor (as amended) 4491-03.C BEING A BY-LAW to amend By-law 4448- 03.F to authorize a schedule of fees for services offered by the Leisure Services Department and to prescribe charges for administrative matters. CARRIED Councillor Gaertner, having previously declared an interest in By-law 4486-03.D, did not take part in the vote called for in this regard. Moved by Councillor Wallace Seconded by Councillor West THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4486-03.D BEING A BY-LAW to amend By-law 2213-78. (Willow Pond) CARRIED XIII ADJOURNMENT Moved by Councillor Buck THAT the meeting be adjourned at 10:40 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK