MINUTES - Council - 20040309
TOWN OF AURORA
COUNCIL MEETING MINUTES
NO. 04-08
Council Chambers
Aurora Town Hall
Tuesday, March 9, 2004
ATTENDANCE
COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner,
Hogg, Kean, Morris and Wallace.
MEMBERS ABSENT Councillors Vrancic and West were absent on vacation.
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 7:00 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 Wallace Seconded by Councillor Kean
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented with the following additional item:
Correspondence from B. Kestein, resident Re: Communication from
Mike Colle MPP for Eglinton-Lawrence re: Traffic Lights at Old Yonge
Street and St. John’s Sideroad
CARRIED
III ADOPTION OF MINUTES
Council Meeting No. 04-06, Tuesday, February 24, 2004 and Special Council
- Public Planning Meeting No. 04-07, Thursday, February 26, 2004
Moved by Councillor Buck Seconded by Councillor Kean
THAT the Council Minutes of Meeting Numbers 04-06 as corrected and
04-07 be adopted as printed and circulated.
CARRIED
Council Meeting No. 04-08 Page 2 of 10
Tuesday, March 9, 2004
IV PRESENTATIONS
None
V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION
Items 1, 2, 4, 5, 10, 13(2) and 13(6) were identified for discussion.
The Mayor advised that the order of items for consideration will be shifted slightly to
allow for Item 4 (Public/Private Partnerships) to be dealt with before consideration of
Item 2 (Selection of a Project Architect for the New Recreation Complex), because the
outcome of Item 4 will have an effect on how Council will decide on Item 2.
VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION
Moved by Councillor Wallace Seconded by Councillor Morris
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:
3. LS04-011 – Selection of Project Architect for the New Seniors’ Centre
THAT Council authorize the Mayor and Clerk to sign the Agreement
between the Town and WGA Wong Gregersen Architect Inc.
6. CS04-006 – Registration of Group Homes
THAT this report be received for information.
7. PL04-026 – Stefano & Rose Polsinelli
Part of Lot 16, Concession 2 EYS
14575 Bayview Avenue
Zoning By-law Amendment and Subdivision Applications
Files D14-04-01 & D12-01-1A respectively
THAT Council receive as information the following overview of Zoning By-
law Amendment and Draft Plan of Subdivision Applications D14-04-01 &
D12-01-1A respectively regarding 14575 Bayview Avenue, scheduled for
the April 28, 2004 Public Planning Meeting.
8. PL04-027 – Official Plan Amendment Application
MI Developments Inc.
Part of Lot 20, Concession II
File D09-01-04
THAT Council receive as information the following overview of Official
Plan Amendment Application D09-01-04, scheduled for the March 24,
2004 Public Planning Meeting.
Council Meeting No. 04-08 Page 3 of 10
Tuesday, March 9, 2004
9. PL04-028 – Application for Exemption from Part Lot Control
Sierra Homes (Aurora) Inc.
Lot 3, Blocks 4, 5 & 7, Registered Plan 65M-3705
Burgon Place
File D12-PLC-04-04
THAT Council approve the request for exemption from Part Lot Control
made by Sierra Homes (Aurora) Inc. to divide Lot 3, Blocks 4, 5 and 7 on
Burgon Place, Registered Plan 65M-3705, into separate lots; and
THAT Council enact By-law 4516-04.D
11. PL04-030 – Whitwell Developments Limited (First Professional)
Part of Lot 21, Concession 3
Wellington Street and Leslie Street
Official Plan and Zoning By-law Amendment Applications
Files D09-10-03 & D14-28-03 respectively
THAT Council receive as information the following overview of Official
Plan Amendment and Zoning By-law Amendment applications D09-10-03
and D14-28-03 respectively regarding Whitwell Developments Limited,
scheduled for the April 28, 2004 Public Planning Meeting.
12. Special General Committee Meeting No Quorum Report No. 04-07
Thursday, February 19, 2004
THAT the No Quorum Report of the General Committee Meeting No. 04-
07 be received.
14. Resolution from the City of Vaughan
Re: Pesticide Use to Combat Asian Long-Horned Beetle
THAT Council of the Town of Aurora receive and endorse the following
resolution from the City of Vaughan regarding Pesticide use to Combat
Asian Long-Horned Beetle:
THAT Council adopt a resolution to support testing the
effectiveness of Imidacloprid and Dinotefuran in combating tree
infestations of the pest known as 'Asian Long Horned Beetle'; and
THAT the test be conducted in conjunction with the City of Toronto,
the Province of Ontario and the Federal government; and
THAT the test be conducted in a contained location; and
THAT the recommended "contained" location for testing purposes
be the courtyard gardens at the Dodge Suites Hotel, located at
3600 Steeles Avenue West in Vaughan; and
THAT staff investigate possible similar resolutions from area
municipalities; and
THAT area municipalities be asked to adopt a similar resolution;
and
THAT staff investigate the feasibility of the proposed test; and
THAT the City Clerk communicate this resolution to area
municipalities, the Region of York, the Province of Ontario and the
Government of Canada.
Council Meeting No. 04-08 Page 4 of 10
Tuesday, March 9, 2004
15. Appointment of Members to the Committee of Adjustment
THAT the following applicants be appointed to the Committee of
Adjustment:
Verna Ross, Michael Seaman, Roy Harrington, Frank McGrath,
Tony Magliocchi
CARRIED
PUBLIC MEETING BLOOMINGTON FILL
The Mayor announced that in accordance with By-law 4242-00.P being a By-law
to control the dumping of fill and alteration of grades, this portion of the Council
meeting will be opened up to the public so that any person who wishes to
comment on this issue may have an opportunity to make representation in
respect to an application for a fill permit from numbered companies 1244056 and
1260403 Ontario Limited, Item 1- BA04-003 - Bloomington Fill.
Public Comments
Ms D. O’Beirne, of 48 Offord Crescent expressed concern with regard to the
notification process and requested that this item be deferred, and that in the
event of any future consideration of this item, residents receive advance written
notice.
Mr. E. Greenwood, of 113 Offord Crescent advised that he is in agreement with
the recommendations within the staff report and that there is a definite need for
further studies of the subject lands. Mr. Greenwood advised that he is in
agreement with the applicant's request to clean up and beautify the property,
however he noted that there is no more fill needed. Mr. Greenwood concluded
by requesting that, should this application be granted, a bond be provided to
ensure that all permitted work will be completed within a reasonable timeframe,
and he also requested that in the event of any future consideration of this item,
residents receive advance written notice.
Mr. P. Molella, of 17 Urquhart Court expressed concern with regard to the lack of
information which has been provided so far with regard to the subject application,
and advised that he is in agreement with the staff report in that more studies
should be conducted on the property before this request can be properly
considered.
Ms J. Pirri expressed concern that the impact of any further filling or work done
on this property may have a negative impact on the aquifer, and she requested
that residents be notified of the next meeting at which this issue will be
considered.
Ms E. MacEachern, of 111 Allenvale Drive advised that she has many concerns
with regard to the impact that this application would have on the Oak Ridges
Moraine Aquifer. Ms MacEachern asked if the applicants, numbered companies
1244056 and 1260403 Ontario, are in any way part of a commercial fill operation,
and asked if there are any outstanding Council resolutions from the last term of
Council, relating to this issue, which have not been addressed yet. Staff advised
that the only outstanding items from the last term of Council relating to this issue,
currently are with the Town’s Solicitors and are being addressed. Staff also
advised that they do not have any information to confirm whether or not this site
was a commercial operation. Ms MacEachern also expressed concern regarding
possible contamination of the Oak Ridges Moraine Aquifer.
Mr. T. Martin, of 106 Offord Crescent requested some clarification as to the
location of the proposed filling to be permitted on the subject lands.
Council Meeting No. 04-08 Page 5 of 10
Tuesday, March 9, 2004
VII DELEGATIONS
Mr. Guy DiBlasi, owner of the subject lands
Re: Item 1 – BA04-003 – Bloomington Fill
Mr. Guy DiBlasi, 6 Ing Court, outlined a number of issues regarding his
application. Mr. DiBlasi advised that he believes that he has met the necessary
requirements, as outlined in the report and requested that the Town of Aurora
approve his application.
Moved by Councillor Wallace Seconded by Councillor Morris
THAT the comments of the delegate be received and that Item #1 be
brought forward for consideration at his time.
CARRIED
VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
1. BA04-003 – Application under the Fill Control By-law
Councillor Buck requested that the Mayor call the question, on a recorded vote
The request to call the question was DEFEATED, and discussion on the issue
continued.
YEAS: 1 NAY: 6
VOTING YEA: Councillor Buck
VOTING NAY: Councillors Gaertner, Hogg, Kean, Morris, Wallace and Mayor
Jones
Moved by Councillor Morris Seconded by Councillor Gaertner
THAT Council deny the application for a fill permit from numbered
companies 1244056 and 1260403 Ontario Limited, BA04-003 –
Bloomington Fill.
DEFEATED
Moved by Councillor Hogg Seconded by Councillor Wallace
THAT Council defer consideration of the application until the applicant:
(a) demonstrates compliance with the Oak Ridges Moraine Conservation
Plan, OPA 48 and its implementing zoning by-law; and
(b) files the necessary engineering information to permit the evaluation of
the application; and
THAT Council advertise and hold a second public hearing when the
applicant has fulfilled the above conditions; and
THAT written notification be circulated to effected residents the next time
this issue is to be considered by Council.
Council Meeting No. 04-08 Page 6 of 10
Tuesday, March 9, 2004
On a recorded vote, the motion was CARRIED
YEAS: 4 NAYS: 3
VOTING YEAS: Councillors Buck, Hogg, Wallace and Mayor Jones
VOTING NAYS: Councillors Gaertner, Kean and Morris
4. LS04-013 – Public/Private Partnerships (P3)
Mr. Gordon Kack, Vice-President of MHPM Project Managers Inc., provided a
brief summary of the Overview of Public/Private Partnerships (P3). Mr. Kack
highlighted the various other P3 projects that his company has been involved in
and outlined the possible benefits and limitations that the Town of Aurora may
encounter should this arrangement be considered with respect to the new
Recreation Complex. Mr. Kack indicated that it may be difficult to accomplish a
3P partnership due to the time restriction for the new facility.
Moved by Councillor Hogg Seconded by Councillor Buck
THAT Council not pursue a Public/Private Partnership (P3) project with
respect to the new Recreation Complex.
CARRIED
2. LS04-012 – Selection of Project Architect for the
New Recreation Complex
Moved by Councillor Kean Seconded by Councillor Morris
THAT Council authorize the Mayor and Clerk to sign the Agreement
between the Town and NORR Limited, Architects & Engineers.
CARRIED
5. PW04-011 – Award of Tender No. PW-2004-01 – Reconstruction
of Banff Drive, Bigwin Drive and St. Andrew’s Court
Moved by Councillor Buck Seconded by Councillor Kean
THAT Tender No. PW-2004-01 the “Reconstruction of Banff Drive, Bigwin
Drive and St. Andrew’s Court”, be awarded to Direct Underground Inc. at
its tendered price of $988,062.75; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Direct
Underground Inc. for the reconstruction of Banff Drive, Bigwin Drive and
St. Andrew’s Court.
CARRIED
Council Meeting No. 04-08 Page 7 of 10
Tuesday, March 9, 2004
10. PL04-029 – Application for Exemption from Part Lot Control
Royalcliff Homes Inc.
Lots 19-26, 52-71 & 89-96, Blocks 4, 5 & 7
Registered Plan 65M-3677
Matson Court, Conover Avenue,
Peterman Street and Starr Cresent
File D12-PLC-03-04
Moved by Councillor Kean Seconded by Councillor Morris
THAT Council approve the request for exemption from Part Lot Control
made by Royalcliff Homes Inc. to divide Lots 19-26, 52, 54-71 & 89-95,
Blocks 4, 5 & 7 on Matson Court, Conover Avenue, Peterman Street and
Starr Cresent, Registered Plan 65M-3677, into separate lots; and
THAT Council enact By-law 4515-04.D; and
THAT with respect to any further development in this area,
developers/realtors be requested to provide a warning to all
prospective home buyers that there is likely to be a future plan to
widen Bayview Avenue to 4 lanes and that they be made aware of
this fact when purchasing a home.
CARRIED
13. General Committee Meeting Report No. 04-08 Tuesday, March 2, 2004
CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE
GENERAL COMMITTEE MEETING NO. 04-08, TUESDAY, MARCH 2, 2004 – ITEMS 2
AND 6.
(2) ADM04-004 – Amalgamation Assessment – Aurora and Newmarket
Hydro Corporations
Moved by Councillor Gaertner Seconded by Councillor Morris
THAT the attached Report from Navigant Consulting Ltd. Dated January
2004 be received; and
THAT based on the preliminary analysis undertaken, the management of
Aurora Hydro together with the management of Newmarket Hydro
proceed with the next phase of the work program and undertake, with the
assistance of Navigant Consulting, a detailed financial assessment of the
benefits of consolidating Aurora and Newmarket Hydro, identifying
conditions precedent to a merger and/or items requiring special attention
in a shareholders declaration; and
THAT Council charge the responsibility for making recommendations on
the next phase of the analysis to the Town staff/hydro staff/financial and
external legal counsel with input from the current Hydro Board of Directors
and Council.
CARRIED
Council Meeting No. 04-08 Page 8 of 10
Tuesday, March 9, 2004
(6) PW04-008 – Reconstruction of St. John’s Sideroad, Yonge Street to
Bayview Avenue – McKenzie Marsh Area Detailed Design
Moved by Councillor Kean Seconded by Councillor Hogg
THAT the upgraded landscape design concept for St. John’s Sideroad at
the McKenzie Marsh as generally described in Report No. PW04-008 be
approved; and
THAT additional funds be allocated from the appropriate Development
Charge Reserve for the upgraded landscape design concept for St. John’s
Sideroad at the McKenzie Marsh in the order of:
1. $49,000 (plus GST) for the redesign and construction of upgraded
street lighting; and
2. $95,000 (plus GST) for the construction of the boardwalk,
landscaping, and planting areas; and
THAT the above additional funds be incorporated into the 2004
Development Charge update; and
THAT the Regional Municipality of York be requested to investigate
parking on St. John’s Sideroad during non-peak traffic periods and
weekends; and
THAT the Regional Municipality of York be informed of Council’s decision
on this matter; and
THAT Staff be requested to report further to Council on the results of the
tender for the St. John’s Sideroad reconstruction.
CARRIED
Moved by Councillor Kean Seconded by Councillor Morris
THAT the balance of the Report of the General Committee Meeting No.
04-08 be received and the recommendations carried by the Committee be
adopted.
CARRIED
IX REGIONAL REPORT
No report was provided.
X OTHER BUSINESS, COUNCILLORS
Councillor Kean provided Notice of Motion regarding the Town Hall and the
Seniors’ Centre.
Councillor Kean inquired as to the status of the Automatic External Defibrillation
(AED) equipment which was demonstrated for Council in July 2003. The Director
of Leisure Services advised that the approval of the funding for that item is to be
considered during the 2004 capital budget process, and that the first priority for
that equipment, if approved, will be to place it in the seniors’ centre.
Councillor Gaertner advised that she will be bringing forward her pending notice
of motion with regard to the Youth Centre on March 30, 2004.
Council Meeting No. 04-08 Page 9 of 10
Tuesday, March 9, 2004
Councillor Gaertner congratulated the Director and staff of the Leisure Services
department on the recent Leisure Guide, she noted that the youth section is
interesting and varied.
Councillor Buck requested that staff investigate and provide Council with a memo
outlining the feasibility of selling the Highland Soccer Field land and to provide a
history of the relationship between the soccer club currently leasing these lands
and the Town of Aurora.
Councillor Morris advised that the February 17, Council meeting minutes
reflected her disappointment in the response she received back from York
Region indicating that a bus shelter would not be placed outside of Hadley
Grange at Yonge Street and St. John's Sideroad. Councillor Morris advised that
she also asked that staff request that the Region of York provide the Town of
Aurora with a letter to that effect, so that this item may be put to rest, and the
residents can be made fully aware of this decision.
Councillor Morris requested an update as to the progress of the compilation of a
monthly report from Corporate Services which will summarize all outstanding
issues raised by Council which are still pending. The Director of Corporate
Services advised that the report is currently being refined and will be made
available to the Mayor and Members of Council at the end of March. The Director
of Corporate services advised that this report will be continually updated and
provided at the end of every month for their information.
Councillor Morris asked if there is any further information with regard to the
issues concerning OPA #48 (Oak Ridges Moraine Conservation Plan) pertaining
to the schedule that shows streams and rivers running through residents'
properties. The Director of Planning advised that a draft proposal has been
submitted to the Ministry of Municipal Affairs and Housing with regard to this
issue, asking for their review and support. The Director advised that once the
Ministry has responded, the proposal will be provided to Council for
consideration, adding that this should hopefully be provided at the end of March.
Councillor Morris provided Notice of Motion with regard to the 2004 Capital
Budget.
Correspondence from B. Kestein, resident Re: Communication from Mike
Colle MPP for Eglinton-Lawrence re: Traffic Lights at Old Yonge Street and
St. John’s Sideroad – Added Item
Councillor Morris requested the Director of Public Works to follow up with the
correspondence from Mr. Kestein, regarding a communication from Mr. Mike
Colle MPP for Eglinton-Lawrence re: Traffic Lights at Old Yonge Street and St.
John’s Sideroad. The Director of Public Works advised that there will be no
traffic lights installed at the intersection of St. John’s Sideroad. The Director was
asked by Council to obtain this decision in writing and to direct this information to
Mr. Kestein and to Mr. Mike Colle MPP for Eglinton-Lawrence.
XI READING OF BY-LAWS
Moved by Councillor Buck Seconded by Councillor Morris
THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and
enacted:
4515.04-D BEING A BY-LAW to
exempt Part of Lots
19 to 26, Lot 52, Lot
54 to 71, and Lots 89
to 95 on Registered
Plan 65M-3677, in
Council Meeting No. 04-08 Page 10 of 10
Tuesday, March 9, 2004
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).
(Royalcliff Homes Inc.)
4516.04-D BEING A BY-LAW to
exempt Part of Lot 3,
Blocks 4, 5 and 7 on
Registered Plan 65M-
3705, in Aurora, from
the Part Lot Control
provisions as provid-
ed in subsection 50
(5) of the Planning
Act, R.S.O. 1990,
c.P.13 (as amended).
(Sierra Homes Aurora Inc.)
4514-04.C BEING A BY-LAW to
Confirm Actions by
Council Resulting
From This Meeting -
Tuesday, March 9,
2004.
CARRIED
XII IN CAMERA
Personnel Matter
Moved by Councillor Kean Seconded by Councillor Hogg
THAT Council proceed In Camera to address a personnel matter.
CARRIED
XIII ADJOURNMENT
Moved by Councillor Kean
THAT the meeting be adjourned at 9:40 p.m.
CARRIED