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MINUTES - Council - 20040224 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 04-06 Council Chambers Aurora Town Hall Tuesday, February 24, 2004 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Vrancic, Wallace and West. MEMBERS ABSENT Councillor Morris was absent due to illness. 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, Acting Treasurer, Acting Town Solicitor and Council/Committee Secretary. Mayor Jones called the meeting to order at 7:15 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Vrancic declared an interest in Item 11(6) 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 Kean Seconded by Councillor Wallace THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented with the following additional items:  Delegation Request from the Aurora Residents Pet Care Association Re: The Kennel Inn Issue  Memo from the Director of Leisure Services Re: Fundraising for the New Recreation Centre CARRIED III ADOPTION OF MINUTES Council Meeting No. 04-05, Tuesday, February 10, 2004 Moved by Councillor Buck Seconded by Councillor Wallace THAT the Council Minutes of Meeting Number 04-05 be adopted as printed and circulated. CARRIED Council Meeting No. 04-06 Page 2 of 12 Tuesday, February 24, 2004 IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 3, 5, 6, 8, 11(4)(5)(6)(7), 12 and 14 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor Vrancic 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. Special General Committee - Working Session - Proposed Seniors’ Centre Report No. 04-04, Monday, February 9, 2004 THAT the Report of the General Committee - Working Session No. 04-04, be received and the recommendations carried by the Committee be adopted. 4. Special General Committee Meeting - Working Session - Proposed Recreation Complex Report No. 04-05, Thursday, February 12, 2004 THAT the Report of the General Committee - Working Session No. 04-05 be received and the recommendations carried by the Committee be adopted. 7. BA04-001 – Variance to Sign By-law Sunoco– 15612 Yonge Street THAT Council approve the site specific request for a variance to By-law 3400-92 as it affects 15612 Yonge Street to permit the proposed sign to project beyond the roofline of the building. 9. PL04-020 – Application for Exemption from Part Lot Control Cardiff Vale Estates Inc. Lot 79, Registered Plan 65M-3677 Conover Avenue & Hartwell Way File: D12-PLC-02-04 THAT Council approve the request for exemption from Part Lot Control made by Cardiff Vale Estates Inc. to divide Lot 79 on Conover Avenue and Hartwell Way, Registered Plan 65M-3677, into separate lots; and THAT Council enact By-law 4507-04.D. 10. PL04-021 – St. John’s Bay Land Company Ltd. 243 Earl Stewart Drive Lot 1, Block 7, Plan 65M-2874 Official Plan and Zoning Amendment Applications File: D09-13-03 & D14-32-03 respectively THAT report PL04-021 be received and that Official Plan Amendment No. 50 be approved and that implementing Zoning By-law Amendment No. 4509-04.D be enacted at tonight’s Council Meeting. Council Meeting No. 04-06 Page 3 of 12 Tuesday, February 24, 2004 13. Resolution from the Town of Whitchurch-Stouffville Re: Overview of the Proposed Amendments to the Planning Act (Bill 26, 1st reading) (C10-DV & D00) THAT Council receive and endorse the following Resolution from the Town of Whitchurch-Stouffville: “THAT this Report be adopted by the Town of Whitchurch- Stouffville as the Municipality’s comments on Bill 26; and AND THAT the Town of Whitchurch-Stouffville advise the Minister of Municipal Affairs that the Municipality supports the provisions of Bill 26; and AND THAT the Town of Whitchurch-Stouffville seeks a broadening of Bill 26 to include provisions that relate to the submission of prescribed information in support of planning quotations, affecting: Section 22(4) and O.Reg. 198/96; Section 34(10.1) and O.Reg. 199/96; section 51(17) and O.Reg. 196/96; and, section 53(1) and O.Reg. 197/96. The broadening of Bill 26 would require the applicant to submit technical studies and reports in support of the development proposal consistent with the information requirements contained in an approved Official Plan or Secondary Plan; and AND THAT the Clerk be authorized to forward the Resolution and Staff Report to the Minister of Municipal Affairs; and AND THAT this report be circulated to all York Region municipalities to seek their support and request that they forward their comments to the Minister of Municipal Affairs.” CARRIED VII DELEGATIONS Mr. Milos Prikryl, of the All Season Tennis Centre Re: Item 5 – New Recreation Complex Proposal to enter into a Partnership with the Town of Aurora Mr. Milos Prikryl, of the All Season Tennis Centre, appeared before Council to outline the need for additional indoor tennis facilities in the Town of Aurora. Mr. Prikryl advised that he would like to explore a public-private partnership with the Town of Aurora to construct such a facility. Mr. Prikryl proposed that the Town provide three acres of serviced land, with access to parking, and a long-term management agreement. Mr. Prikryl advised that in return, the All Season Tennis Centre would fully cover the initial project cost, all mortgage payments, insurance, maintenance costs and future expansions. Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received and referred to Item 5. CARRIED Council Meeting No. 04-06 Page 4 of 12 Tuesday, February 24, 2004 Mr. Brent MacKinnon of the Aurora Community Tennis Club Re: Item 5 – New Recreation Complex Mr. Brent MacKinnon, of the Aurora Community Tennis Club, advised that the club is in full support of the proposed New Recreation Complex, and he provided a package of background material regarding the Club for Council’s information. Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received for information. CARRIED Mr. Jeff White and Mr. Tony Furiato of the Mentana Group Re: Item 5 – New Recreation Complex Mr. Jeff White, resident and member of the Aurora Chamber of Commerce, introduced Mr. Tony Furiato of the Mentana Group. Mr. Furiato provided Council with a brief outline of the Mentana Group’s previous private and public-private partnership projects in the Greater Toronto Area, and requested that Council consider the prospect of entering into a public-private partnership with the Mentana Group, to work together in constructing the proposed New Recreation Complex. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be received and referred to senior staff for consideration. CARRIED Aurora Residents Pet Care Association Re: The Kennel Inn Issue Ms Jennifer Rice, of the Aurora Pet Care Association, introduced herself and requested clarification with regard to where the Kennel Inn will house the animals while the cages in the main trailer are being painted. Ms Rice advised that the Aurora Pet Care Association would like to see wording included in the contract, stating that all healthy dogs will be walked at least once every day, and asked that the Town of Aurora set its own standards of operation and care of the animals under the terms and conditions of the contract with the Kennel Inn. Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received for information. CARRIED Council Meeting No. 04-06 Page 5 of 12 Tuesday, February 24, 2004 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. LS04-007 – New Seniors’ Centre – Space Program Finalization/Budget Update Moved by Councillor West Seconded by Councillor Kean 1. Overall Facility Components THAT Council confirm the new Seniors’ facility to be located at 50 John West Way will contain a dedicated space for seniors and a permitted space for the community within a 14,000 foot² structure generally in accordance with the attached revised Schematic Design and Site Plan dated February 9, 2004; and THAT the cost of the building site shall not exceed $3.1 million, as outlined in the Grey-Noble report; and THAT the funding for the project be approved as outlined in the 2004 Capital Budget – Analysis by Project (Page 10 of the agenda); and 2. Determination of Options i) THAT Council include in the final design a workshop area of approximately 700 additional square feet; and ii) THAT staff report back with details on the additional cost necessary to include the functionality necessary to operate as an Emergency Operations Centre plus Emergency Evacuation Centre to serve the Town, and other possible locations, such as the new Fire Station to be located on Wellington Street East; and iii) THAT staff meet with CHATS and with the Aurora Seniors’ Centre Steering Committee to determine if there is a possible solution regarding space utilization for CHATS within the proposed Seniors’ Centre; and iv) THAT staff be directed to meet with CHATS to explore an alternative location for them, and that staff bring back a report outlining alternative options; and 3. Undertaking of Final Design Phase THAT the Project Manager be authorized to complete the Schematic Design Phase, finalize the space program on the basis of the directions above and, working with the Project Architect, finalize the design and preparation of Tender documents as soon as possible. 4. Fundraising Financial Implications THAT the Seniors’ Advisory Council be encouraged to take the necessary steps to fulfil the objective of providing a Capital contribution to the facility in an amount of $250,000 (excluding potential Trillium Capital Funding) and staff confirm, prior to the award of Tender for the project that the Advisory Council has a work plan/strategy in place to achieve that goal in a timely fashion. Council Meeting No. 04-06 Page 6 of 12 Tuesday, February 24, 2004 5. Confirmation of Conditional Consent to Proceed with Design Phase THAT Council confirm that the authorization as set out above to proceed with the design stage of the facility is not consent to proceed with construction and that the construction stage of the facility continues to be subject to the approval of the 2004 Capital Budget; Council’s satisfaction with detailed facility budget information to be provided by the Architect through the Design/Tender stage, the fundraising initiatives of the Seniors’ Advisory Council and the final Tender price aligning with the availability of financing based on the appended revised Capital Budget information. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor Kean THAT staff be requested to meet with the Seniors’ Centre Steering Committee to investigate the following: • The incorporation of the seniors into a formal organization; and • The establishment of an agreement to cover operations and operation insurance prior to the approval of construction; and • Alternatives to address staffing needs; and THAT staff report back on these issues in a timely fashion. CARRIED AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Hogg Seconded by Councillor Kean THAT the plan for the New Seniors’ Centre ensures that permitted space has specific yearly revenue objectives set out on a descending basis tied to membership growth needs as outlined in the Culture and Recreation Master Plan. CARRIED The main motion was CARRIED AS AMENDED 3. LS04-009 – Selection of Project Architect for the New Seniors’ Centre Moved by Councillor Kean Seconded by Councillor West THAT Council endorse the selection of WGA Wong Gregersen Architect Inc. as the Project Architect for the new Seniors’ Centre subject to the signing of a satisfactory Agreement with the Town of Aurora; and THAT staff report back to Council with the Agreement for final Council approval. Council Meeting No. 04-06 Page 7 of 12 Tuesday, February 24, 2004 AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor West THAT staff be directed to give special regard to the capping of any open –ended costs within the draft agreement. CARRIED The main motion was CARRIED AS AMENDED 5. LS04-008 – New Recreation Complex – Space Program Finalization/Budget Update Moved by Councillor Hogg Seconded by Councillor Kean 1. Overall Recreational Facility Components THAT Council confirm the new recreation facility to be constructed on the Burnett lands is to continue to contain the following major elements: i) An aquatic facility incorporating a 25 metre 8 lane pool, leisure pool and learning pool; ii) A double pad ice surface and related spectator seating; iii) A Pre-school program area; iv) Ancillary support office area and canteen; v) A reduced common space/lobby area configuration. THAT the facility be designed and configured in a manner similar to the drawing attached hereto as Schedule “A” and Schedule “B” allowing for future consideration for expansion to include: i) Up to two additional ice surface(s); and/or ii) A double gymnasium and related community space; and/or iii) An indoor soccer facility. THAT the Site Plan for the overall development of the property take into consideration the desire of Council to include provision for a temporary bubble structure to accommodate the needs of the Aurora Soccer Club and the public/private partnership proposal submitted by Miloslav Prikryl, for an indoor tennis facility subject to satisfactory arrangements being finalized with these entities. 2. Undertaking of Design Phase THAT the Project Manager be authorized to complete the Schematic Design Phase, finalize the space program; update the preliminary building budget accordingly and finalize the process to recruit a Project Architect to undertake building design. 3. Financial Implications, Analysis/Budget Update THAT the attached preliminary Capital Budget information provided by the Project Manager and the updated Operating Budget information provided by the Director of Leisure Services be received as information; and THAT staff report to Council as part of the consideration of the 2004 Capital Budget process on the implications and options for the financing of the debt component of the project. Council Meeting No. 04-06 Page 8 of 12 Tuesday, February 24, 2004 4. Public/Private Partnership Solicitation THAT the Project Manager immediately undertake a public process to solicit requests for expressions of interest from the private sector to partner with the Town in the construction of the facility and report back as to the viability of any of the potential arrangements identified through the process as soon as possible. 5. Fundraising THAT user groups be requested to jointly raise a general target of 10% of the capital costs over a 5 year period, through fundraising activities in proportion to their individual use within the proposed facility. 6. Confirmation of Conditional Consent to Proceed with Design Phase THAT, the Committee confirm that the authorizations as set out above to proceed with the design stage of the facility as approved in the amended 2003 Capital Budget is not consent to proceed with construction and that the construction stage of the facility continues to be subject to the approval of the 2004 Capital Budget; Council’s satisfaction with the final budget information to be provided by the Architect through the design stage; final financing information from both operating and capital perspectives and results of the analysis of the solicitation of potential private sector partners. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Buck Seconded by Councillor West THAT Council approve, in principle, the phasing of the proposed New Recreation Complex, by constructing the arena as phase I in 2005 and the other components of the Complex as subsequent phases in future years; and THAT staff report back on feasibility and with funding models for this course of action. On a recorded vote, the amendment was DEFEATED YEAS: 3 NAYS: 5 VOTING YEAS: Councillors Buck, Gaertner and West VOTING NAYS: Councillors Hogg, Kean, Vrancic, Wallace and Mayor Jones On a recorded vote the main motion was CARRIED YEAS: 6 NAYS: 2 VOTING YEAS: Councillors Hogg, Kean, Vrancic, Wallace, West and Mayor Jones VOTING NAYS: Councillors Buck and Gaertner Council Meeting No. 04-06 Page 9 of 12 Tuesday, February 24, 2004 6. LS04-010 – Selection of Project Architect for the New Recreation Complex Moved by Councillor West Seconded by Councillor Wallace THAT Council endorse the selection of NORR Limited, Architects & Engineers as the Project Architect for the new Recreation Complex; and THAT Council authorize the Mayor and Clerk to sign the Agreement between the Town and NORR Limited, Architects & Engineers; and THAT staff be directed to give special regard to the capping of any open –ended costs within the draft agreement. CARRIED Moved by Councillor Kean Seconded by Councillor Gaertner THAT this meeting be extended beyond 10:30 p.m. in order to address the remaining items on the agenda. CARRIED 8. LS04-005 – Fees and Service Charges Moved by Councillor Kean Seconded by Councillor West THAT Council approve By-law #4510-04.F amending By-law #4491-03.F to the Department of Leisure Services Existing Fees and Service Charges. CARRIED 11. General Committee Meeting Report No. 04-06 Tuesday, February 17, 2004 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 04-06, TUESDAY, FEBRUARY 17, 2003 Councillor Vrancic, having previously declared an interest in Item 11(6), 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. (6) CS04-003 - Aurora Family Connections - Info Aurora Moved by Councillor West Seconded by Councillor Kean THAT this report be received and the request for grant funding support from the Aurora Family Connections/Info Aurora be referred to the future budget meetings for consideration. CARRIED (4) CS04-001 - Council and Committee Structure Moved by Councillor Kean Seconded by Councillor Gaertner THAT the following committees be formed for the 2004-2006 term: - Traffic Safety Advisory Board; - Leisure Services Advisory Committee; Council Meeting No. 04-06 Page 10 of 12 Tuesday, February 24, 2004 - Economic Development Advisory Committee; - Heritage Committee; - Accessibility Advisory Committee; - Youth Action Committee; - Environmental Committee; and THAT the Terms of Reference of the committees be brought back to the next General Committee meeting for review; and THAT staff re-advertise for the membership of these Committees and that the closing date for submissions be extended accordingly, as a result of the delay in approving the 2004-2006 Committee Structure. CARRIED (5) CS04-005 - Kennel Inn - Animal Control Services Moved by Councillor Hogg Seconded by Councillor West THAT Council approve, on an interim period of 6 months, the contract extension with Kennel Inn for animal control services at a cost of $50,000. CARRIED (7) BA04-002 - Secondary Dwelling Units Moved by Councillor Kean Seconded by Councillor Vrancic THAT Council establish a task force to examine local issues review as of right by-laws from various municipalities within the GTA and make recommendations to Council; and THAT staff be directed to bring back a report recommending next steps in the process. CARRIED Moved by Councillor Hogg Seconded by Councillor West THAT the balance of the Report of the General Committee Meeting No. 04-06 be received and the recommendations carried by the Committee be adopted. CARRIED 12. Correspondence from Toronto and Region Conservation for the Living City Re: Appointment of Members to the Humber Watershed Alliance - 2004 to 2006 Moved by Councillor Kean Seconded by Councillor Wallace THAT Council receive the correspondence from the Humber Watershed Alliance. CARRIED Council Meeting No. 04-06 Page 11 of 12 Tuesday, February 24, 2004 14. Correspondence from Councillor Morris Re: Letter from the Aurora Residents Pet Care Association Regarding Animal Control Services (Item 11(5)) Moved by Councillor Kean Seconded by Councillor West THAT the correspondence be received as information. CARRIED IX REGIONAL REPORT No report was provided, due to the late hour. X OTHER BUSINESS, COUNCILLORS Councillor Kean advised that the Aurora Tigers are currently the top ranking team in Canada within their division, and extended a hearty congratulations to the team. Councillor Kean also commended residents for their attendance at the games during the play-offs. Councillor Kean extended his appreciation and thanks to his fellow team mates who bowled for Big Brothers on Saturday February 21, 2004. Mayor Jones also extended thanks to his fellow team mates who participated in the Bowling for the Big Brothers Event. XI READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Wallace THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4504-04.F BEING A BY-LAW to amend Municipal Waterworks distribution By-law 3305-91, as amended 4507-04.D BEING A BY-LAW to exempt Lot 79, 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) 4508-04.D BEING A BY-LAW to amend adopt Official Plan Amendment No. 50 (St. John’s Bayland) 4509-04.D BEING A BY-LAW to amend By-law No. 2213-78 (St. John’s Bayland) Council Meeting No. 04-06 Page 12 of 12 Tuesday, February 24, 2004 4510-04.D BEING A BY-LAW to amend By-law 4491-03.F to authorize a schedule of fees for services offered by the Leisure Services Department and to prescribe charges for administrative matters. 4512-04.C BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Tuesday, February 24, 2004. CARRIED XII ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 11:05 p.m. CARRIED _____________________________ _____________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK