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MINUTES - Council - 20040622 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 04-22 Council Chambers Aurora Town Hall Tuesday, June 22, 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. Following Open Forum the Mayor called the meeting to order at 7:15 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 Hogg 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 items:  Report LS04-031 - Tender No. L.S. 2004-38 Supply and Installation of Playground Equipment  Memo from the Director of Public Works Re: Traffic Calming Request on Golf Links Drive – Item 5(2); and THAT Report LS04-031 - Public/Private Partnership - Soccer Bubble be deferred to the July 13, 2004 Council meeting. CARRIED III ADOPTION OF MINUTES Special Council – Public Planning Meeting No. 04-19, Wednesday May 26, 2004 and Council Meeting No. 04-20, Tuesday, June 8, 2004 Moved by Councillor West Seconded by Councillor Buck THAT the Council Minutes of Meeting Numbers 04-19 and 04-20 be adopted as printed and circulated. CARRIED Council Meeting No. 04-22 Page 2 of 17 Tuesday, June 22, 2004 IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 5, 6, 9, 11, 14, 15 and 16 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Kean 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: 3. Motion Resulting From General Committee – May 4, 2004 (In-Camera Session) Re: Appointments to the Environmental Advisory Committee THAT the following individuals be appointed to the Environmental Advisory Committee: Robert Cook David Tomlinson Mary Hill Susan Walmer Ellen Mole Klaus Wehrenberg Darryl Moore 4. AHC04-002 – June 14, 2004 Aurora Heritage Committee Meeting 1. THAT the Committee Record of the Aurora Heritage Committee Meeting held on June 14, 2004 be received for information; and 2. 18 Centre St. THAT J. McIntyre and/or M. Brevik be delegated the authority to confirm the final building elevations on behalf of the committee for 18 Centre St.; and 3. Heritage Plaque 65 Spruce St. THAT the request for a Heritage Plaque from Mr. & Mrs. Housser of 65 Spruce St. be approved and that the signage should state “The Osborne House c. 1911”.; and 4. Site Plan Development Hartman House 669 Wellington St. E. THAT the Town’s Planning Dept. and Council consider the heritage significance of the Hartman House 669 Wellington St. E. (SW corner Bayview Ave & Wellington St. E) in its deliberations on the proposed development of the property (File D14-06-04 & D09-05-04 Aurora Toyota) recognizing its statement in the Town’s Official Plan page 115 and Schedule “C” where this building is identified, and that the Town and property owner utilize its best efforts to preserve and incorporate this building in the future development of the site. Council Meeting No. 04-22 Page 3 of 17 Tuesday, June 22, 2004 7. PL04-072 – Application for Exemption from Part Lot Control Arista Homes (Bayview Greens) Inc. Blocks 258, Registered Plan 65M-3573 Kirkvalley Crescent, File D12-PLC-06-04 THAT Council approve the request for exemption from Part Lot Control made by Arista Homes (Bayview Greens) Inc. to divide Block 258 on Kirkvalley Crescent, Registered Plan 65M-3573 into separate lots: and THAT Council enact By-law 4551-04.D. 8. PL04-073 - Application for Exemption from Part Lot Control Bayview-Wellington North Inc. Blocks 96, 97, 100 and 101, Registered Plan 65M-3657 Limeridge Street and Kirkvalley Crescent File D12-PLC-07-04 THAT Council approve the request for exemption from Part Lot Control made by Bayview-Wellington North Inc. to divide Blocks 96, 97, 100 and 101 on Limeridge Street and Kirkvalley Crescent, Registered Plan 65M- 3567 into separate lots; and THAT Council enact By-law 4552-04.D. 10. PW04-028 – Award of Tender No. PW2004-09 - Construction of Sanitary Sewer and Watermain along Leslie Street THAT Tender PW2004-09 the “Construction of Sanitary Sewer and Watermain Along Leslie Street” be awarded to Carillion Construction Canada at its tendered price of $536,791.94; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and Carillion Construction Canada for the Construction of Sanitary Sewer and Watermain along Leslie Street. 12. LS04-029 – Additional 2004 Community Grant Requests THAT Council approve additional 2004 grant requests for Mara Jones in the amount of $500.00 and the Aurora Tigers Junior A Hockey Club in the amount of $500.00. 13. Progress Report from MHPM Project Managers Re: New Recreation Complex Earthworks Site Services Contract THAT Council authorize the award of the Earthworks Site Services contract to Newbuilt Developers Ltd.; and THAT staff be authorized to immediately execute a contract to commence the work on site, subsequent to permit approvals pending. CARRIED Council Meeting No. 04-22 Page 4 of 17 Tuesday, June 22, 2004 VII DELEGATIONS (a) Mr. Ian Kerr of Maple Leaf Foods Re: Item 2(2) - PW04-021 - Tannery Creek – Surface Water and Sediment Sampling Results Tannery Creek Study Mr. Ian Kerr advised that he was appearing before Council on behalf of Maple Leaf Foods, to provide a technical response to the findings within the Tannery Creek Study. Mr. Kerr advised that the study indicated that conducting an investigation into the historical land uses for the entire affected area to determine any possible historical causes for contamination, would be a logical first step. Mr. Kerr inquired about the rationale for the Town’s choice to avoid this step and he suggested that the study and the Town’s position appeared to focus primarily on the property located at 45 Tyler Street. Mr. Kerr advised that historical evidence has been found, indicating that several other industries located along the Tannery Creek, were recorded as producing materials which may have contributed to the current contamination. Mr. Kerr advised that the owner of 45 Tyler Street would like the first clause of the General Committee Report PW04- 021, which proposes agency action, to be stricken due to lack of consideration of all possible factors and insufficient study parameters. Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received and that Item 2(2)- PW04 -021 - Tannery Creek – Surface Water and Sediment Sampling Results, be brought forward for consideration at this time. CARRIED 2. General Committee Meeting Report No. 04-17 - Tuesday, June 15, 2004 CONSIDERATION OF ITEM 2 REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 04-17, TUESDAY, JUNE 15, 2004 (2) PW04-021 - Tannery Creek – Surface Water and Sediment Sampling Results Moved by Councillor West Seconded by Councillor Wallace 1. THAT Report No. PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and Sediment Sampling Report” be forwarded to the Ministry of the Environment with a request that they exercise their jurisdiction so as to require Maple Leaf Foods Inc. or the current owner or occupant to: • conduct the necessary investigations to fully identify the full scope and extent of the contamination of the soil or groundwater and to prepare, for the approval of the Ministry, a remedial plan, satisfactory to the Ministry, designed to prevent any further off-site migration and to remediate the subject property; and • determine if the sedimentation in the Tannery Creek along those sections identified in Report No. PW04-021 poses a threat to aquatic life through benthic surveys and bioassays; and 2. THAT Report No.PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and Sediment Sampling Report” be forwarded to Maple Leaf Foods Inc.; and Council Meeting No. 04-22 Page 5 of 17 Tuesday, June 22, 2004 3. THAT Report No. PW04-021 “Tannery Creek – Surface Water and Sediment Sampling Results” and a copy of the June 7, 2004 report from Earth Tech Canada Inc. entitled “Tannery Creek – Surface Water and Sediment Sampling Report” be forwarded to the following agencies for whatever action they feel appropriate and that these agencies be requested to provide guidance to the Town on this matter: • The Region of York Health Department; • The Region of York Transportation and Works Department; • The Lake Simcoe Region Conservation Authority; • Environment Canada; and • Department of Fisheries and Oceans. 4. THAT staff be requested to undertake public information initiatives (including a public information session) to inform property owners abutting Tannery Creek in the general area from Wellington Street West to Aurora Heights Boulevard of the results of the investigation as described in Report No. PW04-021; and 5. THAT staff be requested to continue with stormwater management initiatives that minimize phosphorous discharges and incorporate creek restoration/naturalization in order to improve surface water quality; and 6. THAT staff be requested to continue efforts to isolate other potential sources of contamination in the Town’s watercourses as generally described in Report PW04-021; and 7. THAT the expanded area identified be referred to the consultant as part of the additional review. CARRIED (b) Ms Florence Murray, Director of Fundraising with the Aurora Seniors Re: Fundraising for the New Seniors’ Centre (Item 2(10)) Ms Murray was not in attendance, therefore the delegation was withdrawn. (c) Mr. and Mrs. Schormans, Resident Re: Proposed Parking Prohibitions on Gurnett Street (Item 5(3)) Mrs. Diane Schormans advised that the Traffic Safety Advisory Board (TSAB) is currently proposing that parking on the east side of Gurnett Street from Connaught Avenue to a point 40 meters north of Connaught Avenue be prohibited at all times. Mrs. Schormans advised that the problems associated with parking in that area only happen during the week and suggested that the TSAB recommendation be amended to permit parking on weekends. Moved by Councillor Hogg Seconded by Councillor Gaertner THAT the comments of the delegate be received and that Item 5(3)- Report No. TSAB04-004 - Proposed Parking Prohibitions on Gurnett Street, be brought forward for consideration at this time. CARRIED Council Meeting No. 04-22 Page 6 of 17 Tuesday, June 22, 2004 5. TSAB04-05 – June 9, 2004 Traffic Safety Advisory Board Meeting (Section 3) 3. Proposed Parking Prohibitions on Gurnett Street. Moved by Councillor West Seconded by Councillor Kean THAT multi-way stop sign control be approved at the intersection of Gurnett Street and Kennedy Street East; and THAT parking be prohibited at any time, from Monday to Friday, on the east side of Gurnett Street from Connaught Avenue to a point 40 meters north of Connaught Avenue, for a 6 month trial basis; and THAT the Clerk’s Department be requested to introduce the necessary by- laws to implement the above recommendations; and THAT a letter be sent to all affected residents with the TSAB’s recommendations. CARRIED (d) Mr. Jodi Matthew, Resident Re: Report PL04-075 – Cobblestone Lodge Retirement Home (Item 9) Mr. Jodi Matthew thanked staff for providing notification and assistance with regard to this matter. Mr. Matthew advised that he still has some concerns regarding the possibility of this type of facility, once zoned through the passing of a By-law, having no process or legislation to ensure that the care and rights of the mentally challenged occupants would be monitored or protected. Mr. Matthew requested that Council pass a resolution that the Town of Aurora request the Region of York to petition the Province of Ontario for new regulations to governing the operators of special needs facilities and similar operations to provide for improved health care monitoring of residents within their care, and further that the Province provide additional funding to achieve this goal. Moved by Councillor West Seconded by Councillor Kean THAT the comments of the delegate be received as information. CARRIED Mr. John Gaspar (Added Item) Re: Report PL04-075 – Cobblestone Lodge Retirement Home (Item 9) Mr. John Gaspar, applicant and joint-owner of the Cobblestone Lodge, advised that the site has been operating successfully since May of 2003. Mr. Gaspar advised that a bill of rights is posted for the residents of the Cobblestone Lodge Retirement and that spot checks are conducted regularly to ensure that the establishment is properly managed and that residents are receiving the quality of care that they deserve. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be received and that Item 9 - PL04- 075 – Cobblestone Lodge Retirement Home, be brought forward for consideration at this time. CARRIED Council Meeting No. 04-22 Page 7 of 17 Tuesday, June 22, 2004 9. PL04-075 – Cobblestone Lodge Retirement Home Lot 167, R.P. 246 15029 Yonge Street Zoning Amendment Application File D14-18-03 Moved by Councillor West Seconded by Councillor Vrancic THAT report PL04-075 be received and that Council approve the proposed Zoning By-law Amendment No. 4534-04.D. CARRIED (f) Mr. Ron Veyt, Resident Re: Leisure Services Advisory Committee Meeting June 10, 2004 – Thomson Park (Item 6(3)) Mr. Veyt advised that he and many of the residents in the vicinity of Thompson Park are opposed to the inclusion of skateboard rails within the park’s design. Mr. Veyt provided information from various studies which indicate that skateboarding can be a safety hazard and can be related to such activities as loitering, graffiti, vandalism and inappropriate behaviour, which may be undesirable to the residents and users of the park. Mr. Veyt requested that Council refer this item back to the Leisure Services Advisory Committee to have the skateboard rail removed from the design. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be received and that Item 6(3) - Leisure Services Advisory Committee Meeting June 10, 2004 - Thomson Park, be brought forward for consideration at this time. CARRIED 6. LSAC04-02 – June 10, 2004, Leisure Services Advisory Committee Meeting (Section 3) 3. Report LS04-022 - Timber/Thompson Park Construction Moved by Councillor Vrancic Seconded by Councillor Buck THAT Timber/Thompson Parks be developed in accordance with the proposed Concept Plans presented by staff. CARRIED (g) Ms Sandra Humfryes, Resident Re: Traffic Calming Request on Golf Links Drive (Item 5(2)) Ms. Sandra Humfryes addressed Council on behalf of the residents of Golf Links Drive, and that she and advised the residents fully support the recommendations within the TSAB04-004 report regarding Traffic Calming Request on Golf Links Drive. Ms Humfryes concluded by thanking staff for working together with the residents to formulate the suggestions outlined in this report, and requested that Council approve all of the recommendations with regard to this issue. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be received and that Item 5(2)- Report No. TSAB04-004 - Traffic Calming Request on Golf Links Drive, be brought forward for consideration at this time. CARRIED Council Meeting No. 04-22 Page 8 of 17 Tuesday, June 22, 2004 5. TSAB04-05 – June 9, 2004 Traffic Safety Advisory Board Meeting (Section 2) 2. Report No. TSAB04-004 Traffic Calming Request on Golf Links Drive. Moved by Councillor West Seconded by Councillor Kean THAT Report No. TSAB04-004 “Traffic Calming Request on Golf Links Drive” be received for information; and THAT Council: Approve, in principle, the traffic calming design for Golf Links Drive; authorize staff to conduct a poll of households on Golf Links Drive to ascertain their views on the traffic calming design as contained in Report No. TSAB04-004; request staff to notify and consult with public and review agencies on the proposed traffic calming design; and authorize staff to post the necessary advertising for the road alteration by-law. CARRIED (e) Mr. Gary Stanhope of MHPM Project Managers Re: New Recreation Complex Earthworks Site Services Contract and Options for Energy Conservation (Item 13); and Sustainable Design Initiatives for the New Recreation Complex (Item 14) Mr. Gary Stanhope, of MHPM Project Managers, provided an update on the status of the New Recreation Complex, Mr Stanhope advised that there is now a project website available for interested parties to browse and obtain the latest information as well as provide feedback with regard to the project. Mr. Stanhope advised that the website may be accessed through a link on the home page of the Town of Aurora website at www.town.aurora.on.ca. Mr. Stanhope advised that, as outlined in Item 14, there is still a requirement that Council determine a position at this time with regard to Energy Efficiency options and whether or not to pursue LEED Certification for the project. Moved by Councillor Wallace Seconded by Councillor Vrancic THAT the comments of the delegate be received and that Item 14 - Report from MHPM Project Managers, be brought forward for consideration at this time. CARRIED Council Meeting No. 04-22 Page 9 of 17 Tuesday, June 22, 2004 14. Report from MHPM Project Managers Re: Energy Conservation and Sustainable Design Initiatives for the New Recreation Complex Moved by Councillor Wallace Seconded by Councillor Vrancic 1. THAT Council give direction to the Project Architect and Engineers to proceed with the Ecochill system as part of the project program, at an estimated additional cost of $123,200; and 2. THAT Council not proceed with LEED certification; and 3. THAT a Special Council meeting be called on September 7, 2004, to award the General Contract. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. Aurora Hydro/Newmarket Hydro Amalgamation Assessment Report Moved by Councillor West Seconded by Councillor Hogg THAT the Joint Utility Executive Team Amalgamation Assessment Report be received; and THAT the Town proceed to the next steps of the merger discussions with the Town of Newmarket including: • Establishment of a Shareholder Agreement detailing:  Shareholdings  Board of Directors  Appointment of Auditors and financial reporting  Shareholder approval thresholds  Director approval thresholds  Objectives and Guiding Principles for the company  Share transfer, issuance and pledging • Establishment of an Amalgamation Agreement setting out:  Mechanics of amalgamation under the Ontario Business Corporations Act  Valuation of the companies and Shareholder consideration for value  Conditions precedent, such as: • Representations and warranties • Due diligence  Any required covenants • Other special arrangements to be considered by Council, including:  Shareholder guarantees respecting current dividend and promissory note interest payments  Allocation of initial savings and efficiencies  Disposition of any excess working finds  Potential one-time dividend payments in recognition of revenues realized through OEB retroactive rate adjustments Council Meeting No. 04-22 Page 10 of 17 Tuesday, June 22, 2004 THAT the Negotiation Committee consist of the CAO of the Town of Aurora, President and CEO of Aurora Hydro Connections Limited, one (1) Member of the Board of Directors and one (1) approved Member of Council, who will be Councillor Damir Vrancic, with such supplementary legal and financial advice as may be required. CARRIED Councillor Kean raised a point of privilege with regard to his challenge of a belated declaration of interest by the Mayor at the June 8, 2004 Committee meting with regard to his spousal relationship with a non-union employee at the Town Hall. Councillor Kean advised that his concern was not related in any way to said employee at the Town Hall, but rather that the Mayor should declare this conflict of interest every time a discussion is held with regard to the Town Hall. 2. General Committee Meeting Report No. 04-17 - Tuesday, June 15, 2004 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 04-17, TUESDAY, JUNE 15, 2004 (3) CS04-025 -Amendments to the Procedural By-law and - Section 5- Assemblies (Item Deferred from June 8, 2004 Council) Moved by Councillor Kean Seconded by Councillor Gaertner THAT this item be deferred to the July 13, 2004 Council meeting. DEFEATED Moved by Councillor Wallace Seconded by Councillor Buck THAT the proposed Amendments to the Procedural By-law, with respect to Assemblies, be adopted. CARRIED Moved by Councillor Hogg Seconded by Councillor Wallace THAT the Report of the General Committee Meeting No. 04-17 be received and the recommendations carried by the Committee be adopted. CARRIED 5. TSAB04-05 – June 9, 2004 Traffic Safety Advisory Board Meeting Moved by Councillor West Seconded by Councillor Wallace 1. THAT the Committee Record of the Traffic Safety Advisory Board Meeting held on June 9, 2004 be received as information; and 4. Report No. TSAB04-003 – Sightline Concerns on McMaster Avenue at the Hollidge Boulevard Intersection. THAT the second raised concrete centre median on Hollidge Boulevard west of McMaster Avenue be removed; and THAT Council approve funds in the amount of $7,000 for this work; and THAT a letter be sent to all affected residents with the TSAB’s recommendations. 5. June 2, 2004 memorandum from the Traffic/Transportation Analyst regarding Catherine Avenue – 2 Year Parking Review Between Yonge Street and Spruce Street. Council Meeting No. 04-22 Page 11 of 17 Tuesday, June 22, 2004 THAT the existing winter parking prohibition on the south side of Catherine Avenue from Yonge Street to Spruce Street from November 15Th to April 15Th remain in place on a permanent basis. 6. June 9, 2004 memorandum from the By-law Services Co-ordinator regarding Parking Concerns on Tyler Street and Mill Street. THAT parking be restricted on the south side of Tyler Street from the east edge of the west driveway of the site to the west edge of the east driveway of the property from 8:00a.m. to 4:00p.m., Monday to Friday. 7. May 18, 2004 e-mail from Ms. Gail Severini requesting for “Children at Play” signs on Watts Meadow. THAT the request for “Children at Play” sings on Watts Meadow be denied; and THAT a letter be sent to Ms. Gail Severine with the TSAB’s recommendations. 8. May 26, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive. THAT the June 9, 2004 e-mail from Ms. Jacqueline Schafer-Kopackov regarding safety concerns on Aurora Heights Drive be deferred to the July 14, 2004 TSAB meeting; and THAT staff be requested to conduct a speed count on Aurora Heights Drive between Crawford Rose Drive and McLeod Drive; and THAT a letter be sent to Ms. Jacqueline Schafer-Kopackov with the TSAB's recommendations. 9. June 1, 2004 e-mail from Ms. Stacey Crocker regarding parking concerns relating to a Super Mailbox in front of 23 Downey Circle. THAT staff be requested to work with Canada Post to determine if the existing Super Mailbox on Downey Circle in front of house #23 can be moved to the end of the cul-de-sac; and THAT staff be requested to report back to the TSAB with the cost; and THAT a letter be sent to Ms. Stacey Crocker with the TSAB’s recommendations. 10. May 29, 2004 e-mail from Mr. Bill Hogg regarding traffic flow through Bayview Wellington. THAT staff be requested to review the traffic flow through Bayview Wellington once the construction of the subdivisions and the commercial properties on Earl Steward Drive and Peterson Drive have been completed; and THAT a letter be sent to Mr. Bill Hogg with the TSAB’s recommendations. 11. Selection of a Vice Chair from Committee Members. THAT Brett Cole be appointed the Vice Chair of the TSAB until January 2005 on a rotating basis. CARRIED Council Meeting No. 04-22 Page 12 of 17 Tuesday, June 22, 2004 6. LSAC04-02 – June 10, 2004, Leisure Services Advisory Committee Meeting Moved by Councillor Kean Seconded by Councillor Buck 1. THAT the Committee Record of the Leisure Services Advisory Committee Meeting, held on June 10, 2004, be received for information. 2. Murray Parkette THAT the relationship with Beta Sigma Phi should be maintained; and THAT staff provide a paper trail showing the sequence of events regarding Regency Acres Committee Association's application to adopt the Murray Parkette. 4. Report LS04-026 - Confederation Park Background Information THAT staff advise, in writing, whether they intend to honour the wishes of the Regency Acres Committee Association by providing garbage cans, benches and coniferous trees in Confederation Park; and THAT staff provide a written response as to whether the school’s alarms and bells are in violation of the Town's noise by-law. 5. In-Camera THAT the 11 nominations submitted for the Youth Action Committee be accepted. CARRIED 11. Memo from the Director of Planning Re: Oak Ridges Moraine By-law Flexibility Moved by Councillor West Seconded by Councillor Buck THAT Council approve option #2 as outlined in the Memo from the Director of Planning regarding Oak Ridges Moraine By-law Flexibility, as follows: Option 2 – Addition of Section 34.1.2 iv – allow pools, decks, sheds and minor additions as a right on existing lots with dwellings within woodlands in the settlement area. 34.1.2 Settlement Area Containing a Significant Woodland Feature Despite the provisions of Subsection 34.1.2 above, where a residential lot or a portion of a lot existing as of November 15, 2001, is located within a significant woodland as shown on Schedule "B", to this By-law, and the said lot or a portion of the said lot is also located within the "Oak Ridges Moraine Settlement Area" as shown on Schedule "A" – Map 1, the following provisions shall apply: i) the use, erection, expansion, enlargement, conversion or reconstruction of existing residential buildings and accessory buildings or structures within the woodland feature on the said lands shall only be permitted if: Council Meeting No. 04-22 Page 13 of 17 Tuesday, June 22, 2004 a. it would have been permitted by the applicable Zoning By-law on November 15, 2001 and complies with Sections 28, 29, 45(7) and (8), and Section 47 of the Oak Ridges Moraine Conservation Plan; b. it is within 7.5 metres of an existing primary building or structure on the lot, and; c. 75% of the of the significant woodland area, located on the said lot shall be preserved in a natural state and; ii) any tree removal shall only occur within the actual area required for the use, erection or expansion or enlargement and that no other tree removal shall occur within the significant woodland. iii) Furthermore, if the said lot was not an existing lot as of November 15, 2001, or is a vacant lot, or if the primary use is removed and replaced with a new dwelling that is not on the original footprint, then the provisions of Section 34.1.2 shall apply. 34.1.2 iv Notwithstanding the provisons of Section 34.1.2, sheds less than 10 square metres, swimming pools, uncovered decks, patios and minor additions to a maximum of 25% of the ground floor area provided that they do not exceed 50 m2 shall be permitted on residential lots with existing dwellings within woodlands. CARRIED 15. Correspondence from the Town of Newmarket Re: Joint Recreational Pool Facility Moved by Councillor West Seconded by Councillor Kean THAT the Director of Leisure Services arrange a meeting with the Councillors Buck and Hogg, and the Town of Newmarket, to discuss the proposal of entering into a joint venture on the recreational pool facility, on the proviso that the proposed design would remain as previously approved by the Town of Aurora, and that the sub-committee bring back a report with options. CARRIED 16. LS04-030 – Request for Quotations L.S. 2004-31 through 34 Aurora Community Centre (ACC1) Rehabilitation Works Moved by Councillor Kean Seconded by Councillor Wallace THAT Council award RFQ No. L.S. 2004-31 Main Entrance Ticket Booth Replacement and Suspended Ceiling Lighting Replacement to Ruscro General Contracting in the amount of $34,510.00 less G.S.T.; and THAT Council award RFQ No. L.S. 2004-32 Interior Painting to Al’s Decorating and Carpet Service in the amount of $28,608.00 less G.S.T.; and THAT Council award RFQ No. L.S. 2004-33 Supply and Installation of Floor Tiles to Keefe Bros. Carpet Ltd. in the amount of $13,930.00 less G.S.T.; and Council Meeting No. 04-22 Page 14 of 17 Tuesday, June 22, 2004 THAT Council award RFQ No. L.S. 2004-34 Shower Stall and Washroom Partition Works to Doug Thompson Contracting Ltd. in the amount of $16,635.00 less G.S.T; and THAT staff be requested to provide a report on the feasibility and a quotation on the costs involved in adding a washroom facility upstairs in ACC-1. CARRIED IX REGIONAL REPORT No report was provided. X OTHER BUSINESS, COUNCILLORS Report LS04-031 - Tender No. L.S. 2004-38 Supply and Installation of Playground Equipment (Added Item) Moved by Councillor Wallace Seconded by Councillor Kean THAT Council award Tender No. L.S. 2004-38, Supply and Installation of Playground Equipment for Schedule “C” Thompson Park to Little Tikes Commercial Play Systems Inc. for the all inclusive net Tender price of $25,946.72 excluding G.S.T.; and THAT Council award Tender No. L.S. 2004-38, Supply and Installation of Playground Equipment for Schedule “A” Confederation Park and Schedule “B” Timbers Park to Belair Recreational Products Inc. for the all inclusive net Tender price of $57,624.15 excluding G.S.T.; and THAT Council authorize the purchase and installation of a Space Net feature playground component from A.B.C. Recreation Ltd. for the all inclusive price of $30,446.96 less G.S.T. CARRIED Councillor Kean requested that staff investigate the whistle blowing from midnight and early morning trains and review other measures to permit trains travelling through residential neighbourhoods at late hours, to use a bell in place of the standard whistle, therefore reducing noise levels substantially. The Director of Works advised that staff have already looked into this issue and are currently drafting a report as the process being investigated. Councillor Hogg expressed concern with regard to staff reports and other materials, being added on to the items for consideration at the beginning of Council and General Committee meetings. Councillor Hogg advised that this practice does not allow Members of Council to thoroughly review the material in order to allow informed debate or decision making. Councillor Hogg requested that staff ensure that reports be provided at the appropriate time, and unless urgent, they not be added on. Councillor Hogg expressed concern with regard to the proliferation of parked cars at soccer games and other sporting events, potentially causing safety hazards. Councillor Hogg, therefore, provided notice of motion with regard to additional by- law enforcement personnel. Council Meeting No. 04-22 Page 15 of 17 Tuesday, June 22, 2004 Councillor West expressed his appreciation and thanks to the operations staff who set up for, and oversaw the All Candidates Meeting at the Town Hall. Councillor West advised that the sound system was particularly effective and well managed. Councillor Vrancic advised that he has received communication from concerned residents with regard to unreasonable conditions and length of time being taken to conduct construction on Kennedy Street. Councillor Vrancic provided notice of motion with regard to enforcement of by-laws during construction projects, particularly infill projects. XI READING OF BY-LAWS Moved by Councillor Vrancic Seconded by Councillor Kean THAT the by-law 4556-04.C - to govern the procedures of the Council of the Town of Aurora and its Committees and Boards, be amended to have paragraphs 3 and 4 deleted. DEFEATED Moved by Councillor West Seconded by Councillor Vrancic THAT this meeting be extended beyond 10:30 p.m. in order to address the remaining items on the agenda. CARRIED Moved by Councillor Buck Seconded by Councillor West THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4556-04.C BEING A BY-LAW to amend By-law 4280- 01.C, a by-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. DEFEATED Moved by Councillor Kean Seconded by Councillor West THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4535-04.F BEING A BY-LAW to amend By-law 4510- 04.F to authorize a schedule of fees for services offered by the Leisure Services Department and to prescribe charges for administrative matters. CARRIED Council Meeting No. 04-22 Page 16 of 17 Tuesday, June 22, 2004 Moved by Councillor Kean Seconded by Councillor West THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4492-04.L BEING A BY-LAW to declare surplus lands described as Part of Lot 80, Concession 1, EYS, in the Town of Aurora (adjacent to Chapman Court Extension). 4534-04.D BEING A BY-LAW to Amend By-law 2213-78 (Cobblestone - Holding) 4548-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 53 (Trusthouse) 4549-04.D BEING A BY-LAW to adopt Official Plan Amendment No. 54 (2029193 Ontario Ltd.) 4551-04.D BEING A BY-LAW to exempt Part of Block 258 on 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). 4552-04.D BEING A BY-LAW to exempt Part of Blocks 96, 97, 100 AND 101 on Registered Plan 65M- 3657, 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). 4554-04.C BEING A BY-LAW to Confirm Actions by Council Resulting From This Meeting - Tuesday, June 22, 2004. CARRIED Council Meeting No. 04-22 Page 17 of 17 Tuesday, June 22, 2004 XII IN CAMERA Property and Personnel Matter Moved by Councillor Kean Seconded by Councillor Gaertner THAT Council proceed In Camera to address property and personnel matters. DEFEATED XIII ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 10:45 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK