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MINUTES - Council - 20050510 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 05-19 Council Chambers Aurora Town Hall Tuesday, May 10, 2005 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Kean, Morris, Vrancic, Wallace and West. MEMBERS ABSENT Councillor Hogg was absent. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Manager of Parks, Director of Planning, Director of Public Works, Deputy Treasurer, Town Solicitor and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:05 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 Morris Seconded by Councillor Wallace THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation Request from Mr. Les Kerr of Dr. G. W. Williams Secondary School Re: Follow up from the School's Trip to Europe in March, 2005  Correspondence from Mr. Chris Stoyanovich, Shoppers Drug Mart Re: Item 4 – BA05-005 – Variance to Sign By-law – Shoppers Drug Mart – 446 Hollandview Trail CARRIED III ADOPTION OF MINUTES Council Minutes of April 26, 2005, Meeting Number 05-18 Moved by Councillor West Seconded by Councillor Morris THAT the Council Minutes from Meeting Number 05-18 be adopted as printed and circulated. CARRIED Council Meeting No. 05-19 Page 2 of 12 Tuesday, May 10, 2005 IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(3), 1(6), 1(9), 1(13), 2, 3, 4, 6 and 7 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: 5. Recommendation from the In-Camera Meeting on Tuesday, May 3, 2005 THAT Mr. Denis Van Decker be appointed to the Committee of Adjustment to fill the vacancy on the Committee. 8. Memo from the Manager of Parks Re: Tree Permit - 340 Ridge Road & Draft Tree Preservation Agreement (Report LS05-022 General Committee, May 3, 2005 Item 9) THAT the Memo from the Manager of Parks and the Draft Tree Preservation Agreement between the Town of Aurora and Mr. Frank Luciani, Resident of 340 Ridge Road, be received for information. CARRIED VII DELEGATIONS Mr. Les Kerr of Dr. G. W. Williams Secondary School Re: Follow up from the School's Trip to Europe in March, 2005 Mr. Les Kerr, along with two students, Craig Middleton and Neil Rutledge, provided Council with a photo presentation of their school trip to Europe - the ‘WWI and WWII Battlefield Tour', which included 39 people consisting of teachers, students and parents. The photo presentation showed, among other highlights, the Anne Frank House, Vimy Ridge, Dieppe, Ypres, the trenches, Omaha Beach, Juno Beach, Versailles, the Eiffel Tower and various cemeteries containing headstones of Aurora residents who fought and died in the wars. Mr. Kerr indicated that the trip participants represented Aurora proudly by wearing Town of Aurora buttons and poppies, and that everyone was extremely honoured to participate in such an enriching experience. Council Meeting No. 05-19 Page 3 of 12 Tuesday, May 10, 2005 VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Report No. 05-12 - Tuesday, May 3, 2005 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 05-12, TUESDAY, MAY 3, 2005 (3) ADM05-010– Developing a New Municipal Tagline for the Town of Aurora – A Re-Branding Initiative Moved by Councillor Kean Seconded by Councillor Gaertner THAT the tag line “Our Location Has Its Advantages” be adopted instead of the proposed “You’re in Good Company” tag line. DEFEATED Moved by Councillor West Seconded by Councillor Vrancic THAT Council endorse the following tag line: “You’re in Good Company”; and THAT this tagline be used with the Town of Aurora’s new marketing logo. CARRIED (6) PL05-042 – Zoning By-law Amendment and Site Plan Application Sam Accardi in Trust Part of Lot 122, Registered Plan 246, 18 Centre Street Files D14-10-03 and D11-02-04 Moved by Councillor Morris Seconded by Councillor Wallace THAT Council enact Implementing Zoning By-law 4670-05.D; and THAT Report PL05-042 be received as information; and THAT, subject to the resolution all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning to enter into a Site Plan Agreement between Sam Accardi in Trust and the Town of Aurora respecting the construction of three row dwelling units. CARRIED (9) LS05-022– Tree Cutting Permit Application Moved by Councillor Vrancic Seconded by Councillor West THAT Council approve the application for the removal of trees in accordance with By-law 4474-03.D being a by-law to authorize the injury or destruction of trees (Tree Permit By-law). CARRIED Council Meeting No. 05-19 Page 4 of 12 Tuesday, May 10, 2005 (13) TR05-011 – New Recreation Complex – Approval to Issue Debenture Moved by Councillor Gaertner Seconded by Councillor Kean THAT the issuance of debentures to complete the funding of the New Recreation Complex not be approved; and THAT the matter be deferred to the next General Committee meeting for a staff report. CARRIED Moved by Councillor Kean Seconded by Councillor Morris THAT the balance of the Report of the General Committee Meeting No. 05-12 be received and the recommendations carried by the Committee be adopted. CARRIED 2. EAC05-05 - April 11, 2005 Environmental Advisory Committee Meeting Moved by Councillor Vrancic Seconded by Councillor Morris 1. THAT the Committee Record of the Environmental Advisory Committee meeting, held on April 11, 2005, be received for information and Council endorse the following recommendations of the Environmental Advisory Committee: 2. Environmental Advisory Committee Meeting Record No. 05-04, dated Monday, March 21, 2005 THAT Meeting Record No. 05-04, dated Monday, March 21, 2005, be adopted as printed and circulated by Corporate Services. 3. PW05 -009 – Status Report Petro-Canada, 50 Industrial Parkway South and Correspondence from the Ministry of the Environment Petro-Canada Retail Outlet No. 04616 50 Industrial Parkway South THAT PW05-009 – Status Report regarding Petro Canada, 50 Industrial Parkway South and correspondence from the Ministry of the Environment pertaining to Petro-Canada Retail Outlet No. 04616, 50 Industrial Parkway South be received and; THAT staff continue to provide and forward to the Environmental Advisory Committee any correspondence related to 50 Industrial Parkway South; and THAT Petro-Canada make available to staff the Technical Standards and Safety Authority (TSSA) certification numbers for S&S Contractor Ltd. and Clarkway Construction, the contractors who verified the integrity of the existing tank and feeder line system; and THAT Petro-Canada be requested to provide the monthly average sales volume product for 50 Industrial Parkway South; and Council Meeting No. 05-19 Page 5 of 12 Tuesday, May 10, 2005 THAT Petro-Canada to ascertain and advise the Town if the previous owner BP used methyl tert butyl ether (MTBE) at this site; and THAT staff be requested to provide the EAC with the expected background concentration of MTBE levels due to normal vehicular use; and THAT Petro-Canada be requested to provide a status report to the Director of Public Works by June 1, 2005, and any remediation plans and timetable for same; and THAT the Director of Public Works be directed to continue talks with TSSA and provide any correspondence to the Environmental Advisory Committee; and THAT Petro-Canada investigate and report on any potential and feasible remediation plans for any customer spillage occurring at 50 Industrial Parkway South. 4. TR05-018 – Community Survey Results (Referred to the Committee from March 29, 2005, Council) THAT TR05-018 – Community Survey Results be deferred to the May 9, 2005, Environmental Advisory Committee meeting. 5. Public Awareness/Education Sub-Committee THAT a special meeting be held for the Environmental Advisory Committee be dedicated to setting goals and priorities; and THAT each Sub-Committee Chair submit to the Deputy Clerk their draft goals and priorities to be considered at the special meeting. 6. York Region Media Release York Region’s 2004 Annual Water Report Shows Continues Excellent Water Quality THAT the York Region media release regarding the York Region’s 2004 Annual Water Report Shows Continues Excellent Water Quality be received for information. 7. Correspondence from Regional Councillor Jack Heath, Town of Markham – Phase One of Markham’s Mission Green Project THAT the correspondence from Regional Councillor Jack Heath regarding the Town of Markham – Phase One of Markham’s Mission Green Project be received for information. 8. Sandra Malcic, Regional Greening Co-ordinator Notice of meeting of Regional EAC representatives May 11, 2005 THAT the correspondence from Sandra Malcic, Regional Greening Co- ordinator regarding the Notice of meeting of Regional EAC representatives dated May 11, 2005, be received for information; and THAT Sue Walmer and Robert Cook attend the meeting of Regional EAC representatives on May 11, 2005, on behalf of the Environmental Advisory Committee and report back to the Committee at a future meeting. Council Meeting No. 05-19 Page 6 of 12 Tuesday, May 10, 2005 9. Media Release from the Region of York “York Region Bans the Use of Plastic Bags for Yard Waste” THAT the media release from the Region of York entitled, “York Region Bans the Use of Plastic Bags for Yard Waste,” be received for information; and THAT staff be requested to place a notice on the Notice Board and website of where to get additional yellow yard waste stickers. 10. Lake Simcoe Region Conservation Authority Green Roof Technology THAT the correspondence from the Lake Simcoe Region Conservation Authority regarding Green Roof Technology be referred to the Planning Sub-Committee. 11. Environmental Advisory Committee Pending List THAT a copy of the Oak Ridges Moraine Invasive Species and Stewardship Study be forwarded to the Naturalization/Wildlife Sub- Committee. 12. News Article – CTV.ca “Earth has suffered irreversible damage: study” THAT the News Article – CTV.ca entitled, “Earth has suffered irreversible damage: study”, be received and referred to the Public Education/Awareness Sub-Committee for review. 13. Klaus Wehrenberg to address the Committee regarding more involvement of Young people on the Environmental Advisory Committee THAT the article entitled, “If we care about children, we will slow down, study says,” from the April 4, 2005, Globe and Mail as submitted by Klaus Wehrenberg be received and referred to the goals and priorities setting meeting in conjunction with the work already being done by the Public Awareness/Education Sub-Committee. 14. By-laws/Policy THAT the minutes of the By-laws/Policy Sub-Committee dated February 18, 2005, and March 24, 2005, meetings be received for information; and THAT reference to Policy and Planning Sub-Committee on Meeting Records No. 05-01 and No. 05-02 be amended to read By-laws/Policy Sub-Committee. 15. Public Awareness/Education THAT the Public Awareness/Education Sub-Committee requested delegation status for Mr. Mathew Berton to present a concept of a website and logo design on behalf of the Sub-Committee at the next Environmental Advisory Committee meeting; and THAT an e-mail be sent to all Environmental Advisory Committee and Sub-Committee members to participate in Anti-Litter Day on April 30, 2005. CARRIED Council Meeting No. 05-19 Page 7 of 12 Tuesday, May 10, 2005 3. EDAC05-04 - April 20, 2005 Economic Development Advisory Committee Meeting Moved by Councillor Gaertner Seconded by Councillor Kean 1. THAT the Committee Record of the Economic Development Advisory Committee meeting, held on April 20, 2005, be received for information and Council endorse the following recommendations of the Economic Development Advisory Committee: 2. Memorandum from the Economic Development Officer Comments on the Provincial Draft Growth Plan for the Greater Golden Horseshoe (GGH) THAT the Economic Development Officer be included in all correspondence, meetings and reports with the Planning Department regarding the Provincial Draft Growth Plan for the Greater Golden Horseshoe (GGH); and THAT all correspondence related to this matter be copied to Greg Sorbara, MPP for Vaughan-King-Aurora. 3. ADM05-009 - A Review of Economic Development Advisory Committee Initiatives THAT the Chief Administrative Officer give immediate consideration to the Economic Development Officer being included in all deliberations and decisions related to Town owned lands and property; and THAT consideration be given to assign the function of managing the Town owned lands and property to the Economic Development Office; and THAT Report ADM05-009, A Review of the Economic Development Advisory Committee Initiatives, be deferred to the May 18, 2005 meeting of the Economic Development Advisory Committee; and THAT the complete report be re-circulated to the members of the Committee; and THAT the Chief Administrative Officer be invited to be in attendance at the same meeting. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor West THAT section 3 of the EDAC05-04 report – ADM05-009 – A Review of Economic Development Advisory Committee Initiatives – be received for information; and THAT the initiatives of the Economic Development Advisory Committee be discussed at a future General Committee meeting, once staff has had an opportunity to provide a report. CARRIED The main motion was CARRIED AS AMENDED Council Meeting No. 05-19 Page 8 of 12 Tuesday, May 10, 2005 4. BA05-005 – Variance to Sign By-law – Shoppers Drug Mart - 446 Hollandview Trail Re: Item 1(8) – General Committee Meeting – May 3, 2005 Additional correspondence was received from Shoppers Drug Mart. Moved by Councillor Kean Seconded by Councillor Buck THAT Council approve the request by Shoppers Drug Mart for a variance to permit an additional 28 square metres of signage subject to the following conditions: 1. THAT the images be restricted to those shown on Appendix A of report BA05-005 – Variance to Sign By-law – Shoppers Drug Mart – 446 Hollandview Trail; 2. THAT there be no advertising, lettering, pricing or products display; 3. THAT, should the applicant wish to alter the images in any way, an application for variance be brought before Council; 4. THAT the images be enclosed in glass frames and be restricted to the east wall. AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor Vrancic Seconded by Councillor Buck THAT section 1 be amended to read: “THAT the images be restricted to those shown on Appendix A of report BA05-005 – Variance to Sign By-law – Shoppers Drug Mart – 446 Hollandview Trail, or similar lifestyle images consistent with their regional display program; and THAT section 3 be deleted. CARRIED The main motion was CARRIED AS AMENDED 6. PW05-010 – Award of Tender No. PW-2005-07 - Reconstruction of Vandorf Sideroad from Industrial Parkway to Monkman Court/ Archerhill Court Moved by Councillor West Seconded by Councillor Kean THAT Tender No. PW-2005-07 the "Reconstruction of Vandorf Sideroad from Industrial Parkway to Monkman Court/Archerhill Court ", be awarded to Miller Paving Limited at its tendered price of $2,683,946.31; and THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form of Agreement between the Town of Aurora and Miller Paving Limited for the reconstruction of Vandorf Sideroad from Industrial Parkway to Monkman Court/Archerhill Court. CARRIED Council Meeting No. 05-19 Page 9 of 12 Tuesday, May 10, 2005 7. Correspondence from the Town of Newmarket Re: National Guide to Sustainable Municipal Infrastructure Moved by Councillor Gaertner Seconded by Councillor Kean THAT Council receive and endorse the following resolution from the Town of Newmarket: RESOLUTION R5-2005 WHEREAS the Town of Newmarket spends $13 million annually on the maintenance, rehabilitation and reconstruction of its water, stormwater, wastewater and road system infrastructure; and WHEREAS the National Guide to Sustainable Municipal Infrastructure (InfraGuide) gathers and documents best practices that reflect proven approaches to build sustainable infrastructure to Canadians in those areas; and WHEREAS the Federation of Canadian Municipalities has partnered with the National Research Council of Canada to develop InfraGuide with support from the Government of Canada; and WHEREAS application of such best practices will assist communities across Canada to get the maximum return on every dollar invested in infrastructure while being mindful of the social and environmental implications of their decisions; and WHEREAS the Town of Newmarket strives to be a leader in ensuring the quality of life of its citizens through appropriate short and long term sustainable infrastructure investment decisions; THEREFORE BE IT RESOLVED THAT the Municipal Council of the Corporation of the Town of Newmarket endorses the use of the appropriate best practices developed by InfraGuide; and THAT the Federation of Canadian Municipalities shares this motion with their members and the Federal and Provincial Governments to encourage ongoing commitment and support for InfraGuide; AND FURTHER THAT this report be forwarded to the Region of York and all local municipalities in York Region for their consideration and endorsement of the InfraGuide. CARRIED IX REGIONAL REPORT Councillor Morris requested an update regarding the Transportation and Works Committee’s discussion on the York Durham Sewer System to which Mayor Jones responded that no final figures are available yet. Mayor Jones advised that the Transportation and Works Committee have a revised Noise Policy update, which Council will be asked to comment on in the future, in relation to the reconstruction on Bathurst Street. Moved by Councillor Morris Seconded by Councillor Kean THAT Council request from the Region, a public presentation on the updates to their Noise Policy at the next General Committee meeting. CARRIED Council Meeting No. 05-19 Page 10 of 12 Tuesday, May 10, 2005 Highlights from Regional Council meetings are posted on their website at www.region.york.on.ca under “Council Highlights”. X OTHER BUSINESS, COUNCILLORS Councillor Vrancic asked for the reasoning behind changing the format of the General Committee minutes to remove the movers and seconders of motions and to replace them with the wording, “General Committee recommends”. The Director of Corporate Services responded that the clause relating to this format has been in the Procedural By-law for the last couple of years and that the issue was brought forward for discussion during the informal assembly meeting held on October 24, 2004, at which time Council agreed to adopt this format. Councillor Vrancic raised concerns regarding the construction and resulting traffic congestion at Yonge Street and Wellington Street. Councillor Vrancic suggested two solutions: 1) That the westbound curb lane on Wellington Street be used as a right turn lane, and 2) That signage be installed to advise drivers of long trucks that they will be unable to make turns at the corner of Yonge Street and Wellington Street due to insufficient turning radius. Councillor Vrancic requested that the Director of Public Works make the Town’s concerns and suggestions known to the Region. Councillor Morris inquired about the pending list for the Finance Advisory Committee, as well as the proposed revised Terms of Reference. The Director of Corporate Services responded that he would provide these documents to her. Councillor Morris inquired how the grading of the land, specifically at Bayview Avenue and Wellington Street, is monitored, to which the Director of Public Works responded that the developer submits a grading plan, the Town advises what needs to be done to monitor the land, and consultants execute the monitoring on behalf of the Town. Councillor Morris raised a concern about a silt breach at Bayview Avenue and Wellington Street. The Director of Public Works advised that, due to a large amount of wet snow during the winter, a silt breach did occur, which was discovered by the Leisure Services Department and immediately corrected. Councillor Morris advised that the Ontario Power Authority will be holding a second Public Information meeting on May 24, 2005, which could possibly be changed to May 26, 2005 due to both the Aurora and Newmarket Councils sitting on the 24th of May. Councillor Morris requested that Mr. Scott Somerville provide a memo advising what information the Town of Aurora has communicated to the Ontario Power Authority. Councillor Morris inquired as to when and how the legal opinion, obtained by the Markham Task Force, could be put onto an agenda. The Director of Corporate Services advised that any correspondence can be put onto an agenda at the request of a Councillor. Councillor West left the meeting at 9:10 p.m. Councillor Morris requested clarification as to whether the meeting regarding land disposition and inventory, which has been suggested by the CAO, will be a meeting or an assembly. The CAO advised that it will be an in-camera meeting of staff in conjuction with Members of Council, for which materials will be distributed prior to the meeting. Council Meeting No. 05-19 Page 11 of 12 Tuesday, May 10, 2005 Councillor Morris requested that the Director of Public Works explain the “spill” which recently occurred at Gurnett Street. The Director responded that the event which occurred was a sheen which was discovered on the surface of an outfall at Gurnett Street. Appropriate steps were taken to respond and the matter was resolved within the same day. Councillor Morris advised that the Environmental Advisory Committee is co- hosting with the York Region Environmental Alliance, a free organic lawn seminar on Thursday, May 19, 2005 at 7:00 p.m. at the Aurora Public Library. Councillor Gaertner thanked the Environmental Advisory Committee, on behalf of the Yonge Street Commercial Area Sub-Committee, for choosing Yonge Street as their hot spot to clean up on Anti Litter Day. Councillor Gaertner advised that the Yonge Street Commercial Area Sub- Committee is not raising funds for the installation of trees along Yonge Street. Councillor Kean reminded Council that the Street Festival Dance will be held on Saturday June 4, 2005 beginning at 7:00 p.m. on Yonge Street in front of Canadian Tire. Councillor Kean advised that tickets are available at R&R Bookstore, Flipside, Oak Ridges Outfitters and the Aurora Chamber of Commerce for $10 each, and if they are purchased in advance, the purchaser receives $20 worth of coupons. Councillor Kean advised that the Farmer’s Market begins June 11, 2005 and will run through Thanksgiving weekend. Councillor Kean advised that charities are welcome and should contact him for permission, as they will be allowing one charity per week. XI READING OF BY-LAWS Moved by Councillor Kean Seconded by Councillor Vrancic THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4670-05.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By- law of the Town of Aurora. (18 Centre Street – File D14-10-03) 4671-05.D BEING A BY-LAW to exempt Lot 33 and Block 38 on Registered Plan 65M-3222, 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). (14689 Bathurst Street - File D12-PLC-03-02) 4672-05.C BEING A BY-LAW to amend By-law 4500-04.C to appoint a new member to the Committee of Adjustment. (Appointing of D. Van Decker) Council Meeting No. 05-19 Page 12 of 12 Tuesday, May 10, 2005 4673.05.C BEING A BY-LAW to confirm actions by Council resulting from the meeting of May 10, 2005. CARRIED XII IN-CAMERA None XIII ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 9:20 p.m. CARRIED __________________________________ ________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK