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MINUTES - Council - 20050816 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 05-27 Holland Room Aurora Town Hall Tuesday, August 16, 2005 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Buck, Gaertner, Hogg, Kean, Morris, Vrancic, Wallace and West. MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Director of Public Works, Deputy Treasurer and Council/Committee Secretary. Following Open Forum the Mayor called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST Councillor Gaertner declared an interest in Item 1 – July 14, 2005 Leisure Services Advisory Committee Meeting Minutes, by virtue of an affiliation with Hot Spot, 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. Councillor Vrancic declared an interest in Item 1 – July 14, 2005 Leisure Services Advisory Committee Meeting Minutes, by virtue of a client/solicitor 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 West Seconded by Councillor Gaertner THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved:  Delegation Request from Mr. Al Wilson Re: Item 11 - TR05-024 – 2005 Financial Review as at June 30, 2005  Accessibility Advisory Committee Meeting Minutes – July 19, 2005  By-law 4695-05.H – Being a by-law to appoint a Treasurer CARRIED Council Meeting No. 05-27 Page 2 of 11 Tuesday, August 16, 2005 III ADOPTION OF MINUTES Special Council Minutes of June 22, 2005, Meeting Number 05-22, Revised Council Minutes of July 12, 2005, Meeting Number 05-25 and Special Council Minutes of July 21, 2005, Meeting Number 05-26 Moved by Councillor West Seconded by Councillor Kean THAT the Special Council Minutes from Meeting Number 05-22, the revised Council Minutes from Meeting Number 05-25 and the Special Council Minutes from Meeting Number 05-26 be adopted as printed and circulated. CARRIED IV PRESENTATIONS None V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 5, 7, 8, 9, 11, 12 and 18 were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Wallace 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. Memo from Councillor West Re: Lake Simcoe Region Conservation Authority’s Report Regarding Tree Planting THAT Council receive for information, the report regarding tree planting from the Lake Simcoe Region Conservation Authority. 4. Correspondence from the City of Vaughan Re: City of Toronto Act – GTA Pooling THAT Council receive and endorse the following resolution from the City of Vaughan: WHEREAS the City of Toronto has requested the Province of Ontario amend the City of Toronto Act; WHEREAS the City of Toronto is requesting that the Province provide the City with more authority and autonomy to address local issues; WHEREAS the City of Toronto is requesting greater authority with respect to generating revenues; WHEREAS GTA municipalities have previously requested that the requirement for GTA municipalities to send locally collected tax dollars to assist the City of Toronto (“GTA Pooling”) be discontinued; Council Meeting No. 05-27 Page 3 of 11 Tuesday, August 16, 2005 WHEREAS the province has indicated that they will be introducing new legislation to address Toronto’s concerns this fall; NOW THEREFORE BE IT RESOLVED: THAT GTA Pooling be discontinued and Toronto be provided the necessary authority to address their funding issues within the City of Toronto; THAT this resolution be circulated to Dalton McGuinty, Premier of Ontario, the Hon. John Gerrestsen, Minister of Municipal Affairs and Housing, the Hon. Greg Sorbara, Minister of Finance, MPPs within the GTA, municipalities within the GTA and the City of Toronto. 6. BA05-008 – Variance to Sign By-law 4622-04.P – Sleep Better Mattress Company – 446 Hollandview Trail THAT Council grant the variance to permit approximately 14.5 square metres of signage at 446 Hollandview Trail so as to allow Sleep Better to incorporate lifestyle images into the proposed signage. 10. PW05-023 – Region of York Noise Policy Update THAT Report No. PW05-023 dealing with the Region of York Noise Policy Update be received by Council; and THAT the Region of York be informed the Town of Aurora supports the Region of York Noise Policy Update; and THAT Report No. PW05-023 entitled “Region of York Noise Policy Update” be forwarded to the Region of York as input to the finalization of their new Noise Policy. 13. PL05-071 – Zoning By-law Amendment Applications David LeGallais, 154 Wellington Street East File D14-05-05 THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-05-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. 14. PL05-072 – Zoning By-law Amendment Applications Gathering Place of Aurora, 210 Edward Street File D14-07-05 THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-07-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. Council Meeting No. 05-27 Page 4 of 11 Tuesday, August 16, 2005 15. PL05-073 – Zoning By-law Amendment Applications Richard Allen and Associates Ltd., 15032 Yonge Street Pt Lots 39 and 40, Plan 39 File D14-09-05 THAT Council receive as information the following overview of Zoning By- law Amendment Application D14-09-05, and schedule the application for the September 28th, 2005 Public Planning Meeting. 16. PL05-075 – Application to Amend the Zoning By-law and Application for Site Plan Approval Aurora Heights Development Inc., 15450 Yonge Street Part of Lot 3 and Part of Block B of Registered Plan 246 Files D14-08-02 and D11-01-05 THAT Report PL05-075 be received as information and that, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning and Development Services to execute a Site Plan Agreement between Aurora Heights Development Inc. and the Town of Aurora to permit the construction of a five storey residential condominium building with ground floor retail uses on the subject property; and THAT Council enact implementing Zoning By-law 4676-05.D. 17. PL05-076 – Zoning By-law Amendment Application – Temporary Use La Maison Montessori School (Vic Priestly Demolition) 669 Wellington Street East Part of Lot 80, Concession 1, E.Y.S. File D14-10-05 THAT Council receive as information the following overview of an Application to Amend the Zoning By-law (File D14-10-05), and schedule the Public Planning Meeting for September 28th, 2005. CARRIED VII DELEGATIONS (a) Mr. James Johnston, Zip Signs Ltd. Re: Item 7 – Variance to Sign By-law 4622-04.P Bank of Montreal – 15252 Yonge Street Mr. James Johnston addressed Council to request a variance to the Sign By-law in order to allow the Bank of Montreal, in keeping with a re-branding program, to have additional cladding installed around the previously approved pole sign at the north-west corner of Wellington Street and Yonge Street. Mr. Johnston suggested that the sign is sufficiently set back from the road and therefore, it would not obstruct any sightlines. Moved by Councillor West Seconded by Councillor Kean THAT the comments of the delegate be received. CARRIED Council Meeting No. 05-27 Page 5 of 11 Tuesday, August 16, 2005 (b) Mr. Wayne Ramsay, Zip Signs Ltd. Re: Item 7 – Variance to Sign By-law 4622-04.P Bank of Montreal – 15252 Yonge Street Mr. Wayne Ramsay addressed Council to explain that the proposed ground sign being requested by the Bank of Montreal is quite thin, and that the only possible sightline obstruction would be when travelling south on Yonge Street, but that this sightline is already obstructed by the tree line. Mr. Ramsay indicated that the bank is set back onto the property, offering a clear view of the north-west corner of the well controlled intersection at Yonge Street and Wellington Street. Moved by Councillor West Seconded by Councillor Kean THAT the comments of the delegate be received. CARRIED (c) Mr. Dan O’Kopniak, Bank of Montreal Re: Item 7 – Variance to Sign By-law 4622-04.P Bank of Montreal – 15252 Yonge Street Mr. Dan O’Kopniak addressed Council to explain that the Bank of Montreal had a substantial budget and a generous timeframe to review the re-branding program, and that the proposed sign is in keeping with the bank’s new image and unified approach to branding. Mr. O’Kopniak offered an alternate proposal to the sign, suggesting that the base could be cut in half on the vertical, thereby removing any sightline obstruction issues. Moved by Councillor Buck Seconded by Councillor West THAT the comments of the delegate be received and that Item 7 be brought forward for discussion. CARRIED 7. BA05-009 – Variance to Sign By-law 4622-04.P – Bank of Montreal 15252 Yonge Street Moved by Councillor Buck Seconded by Councillor Hogg THAT Council approve the request for a variance to the Sign By-law to permit the Bank of Montreal to install a new larger pylon sign on the north- west corner of Yonge Street and Wellington Street. DEFEATED Moved by Councillor Kean Seconded by Councillor Morris THAT Council permit the Bank of Montreal to install a modified sign on the north-west corner of Yonge Street and Wellington Street, whereby only half of the base of the sign on the west side reaches the ground and the other half of the base on the east side is cut out. CARRIED Council Meeting No. 05-27 Page 6 of 11 Tuesday, August 16, 2005 Mr. Al Wilson, Resident Re: Item 11 – TR05-024 – 2005 Financial Review as at June 30, 2005 (Added Item) Mr. Al Wilson addressed Council to request more transparency regarding the communication of tax bills, to request a policy for managing surplus and, finally, to express his concerns regarding the semi-annual Treasury report. Moved by Councillor Hogg Seconded by Councillor West THAT the comments of the delegate be received and that Item 11 be brought forward for discussion. CARRIED 11. TR05-024 – 2005 Financial Review as at June 30, 2005 Moved by Councillor West Seconded by Councillor Kean THAT the Financial Services Report TR05-024, entitled “2005 Financial Review as at June 30, 2005”, be received for information; and THAT Staff report back on the over-expenditure of Building Maintenance and Legal Costs. CARRIED VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Councillors Gaertner and Vrancic, having previously declared an interest in Item 1, did not take part in the vote called for in regard to the adoption of this item. 1. LSAC05-07 – July 14, 2005 Leisure Services Advisory Committee Meeting Moved by Councillor Wallace Seconded by Councillor Kean 1. THAT the Committee Record of the Leisure Services Advisory Committee meeting, held on July 14, 2005, be received for information and Council endorse the following recommendations of the Leisure Services Advisory Committee: 2. Review of Community Survey THAT review of the Community Survey be deferred to the next Leisure Services Advisory Committee meeting. 3. Evaluation of Submissions of Expressions of Interest on the Lease of Library Square THAT the Director of Leisure Services bring an in-camera report to the first possible General Committee meeting identifying the community groups that the committee feels should be approached to negotiate a possible lease for space in Library Square; and THAT the Director of Leisure Services present the criteria used for evaluation of the groups, the point totals and the rankings as determined by the committee for all groups. CARRIED Council Meeting No. 05-27 Page 7 of 11 Tuesday, August 16, 2005 2. TSAB05-020 – June 8, 2005 Traffic Safety Advisory Board Meeting Members of Council expressed a concern that the Traffic Safety Advisory Board meeting did not have a quorum and, therefore, the report should not be accepted at this time. Moved by Councillor Vrancic Seconded by Councillor Morris THAT Report TSAB05-020 be referred back to the Traffic Safety Advisory Board for review by the Committee with a properly constituted quorum. CARRIED 5. Correspondence from Councillor Gaertner Re: The Process for Re-consideration of an Agenda Item Members of Council deliberated on the memo from Councillor Gaertner and discussed, in detail, sections of the Procedural By-law relating to the waiving of the Procedural By-law at the Special Council meeting on July 21, 2005. The Mayor finally ruled that, in his interpretation, Council did not breach the Procedural By-law when re-considering Item 1 - PL05-063 – Implementing Zoning By-law and Site Plan Application - Aasit & Rajendra Amin – 15018 Yonge Street - Files D14-11-03, D11-09-05. The ruling was subsequently appealed by some Members of Council and the Mayor asked for a vote on his ruling, which was supported by a vote of 5 in favour and 4 against. CARRIED YEAS: 5 NAYS: 4 VOTING YEAS: Councillors Buck, Hogg, Wallace, West and Mayor Jones VOTING NAYS: Councillors Gaertner, Kean, Morris and Vrancic 8. CS05-022 – Sign By-law Moved by Councillor West Seconded by Councillor Wallace THAT this matter be deferred to the next General Committee meeting. CARRIED 9. CS05-024 – Complaint Handling Procedures – Taxi Drivers Moved by Councillor Gaertner Seconded by Councillor Kean THAT the report entitled Complaint Handling Procedures – Taxi Drivers be received for information; and THAT the Town of Aurora notify the public that procedures are in place to allow them to file a complaint with the By-law Services Department at the Town Hall. CARRIED Council Meeting No. 05-27 Page 8 of 11 Tuesday, August 16, 2005 12. PL05-046 – Minor Site Plan Application Process Moved by Councillor Gaertner Seconded by Councillor West THAT, pursuant to the Town’s Strategic Plan, more minor Industrial, Commercial and Institutional development applications be reviewed and processed in an expedited manner through a Minor Site Plan application process as outlined within Staff Report PL05-046; and THAT Council endorse the precedent Minor Site Plan agreement appended to Staff Report PL05-046; and THAT Staff continue to monitor methods of streamlining Site Plan applications and report to Council with recommendations for changes to the review and approval process as may be appropriate. CARRIED 18. CS05-023 – New Domain Name for Website Moved by Councillor Gaertner Seconded by Councillor West THAT Council select e-aurora.ca as the new domain name for the Town of Aurora website. CARRIED ACCESS05-05 – July 19, 2005 Accessibility Advisory Committee Meeting (Added Item) Moved by Councillor West Seconded by Councillor Kean 1. THAT the Committee Record of the Accessibility Advisory Meeting held on July 19, 2005 be received for information; and 2. Regional Accessibility Workshop THAT the notes from the Regional Accessibility Advisory Committee Workshop be received for information; and 3. Town of Aurora, Accessibility Audit of Facilities THAT staff be authorized to commence the tender process for the installation of accessible doors at the entrances of the Town Hall and the Aurora Leisure Complex; and THAT staff be authorized to prepare specifications and issue a tender for the retrofitting of the washrooms on the 1st and 2nd floors at the Town Hall including the construction of a walled entrance to the washrooms on the 1st floor to accommodate accessibility features; and THAT the Chief Executive Officer of the Aurora Public Library be requested to attend the next regular meeting of the Accessibility Advisory Committee to address the issues identified in the facility audit prepared by Associated Planning Consultants and provide the Committee with an estimated timeline of resolving the issues; and THAT staff be authorized to proceed with the remedial action plan for the Town Hall and Aurora Public Library as prioritized by the Accessibility Advisory Committee; and Council Meeting No. 05-27 Page 9 of 11 Tuesday, August 16, 2005 THAT the Director of Corporate Services contact the local newspaper requesting a correction to the report entitled Legislation Helps Disabled published in the June 7, 2005 edition of the Auroran. CARRIED IX REGIONAL REPORT No meeting was held, therefore there was no Regional Report. Highlights from Regional Council meetings are posted on their website at www.region.york.on.ca under “Council Highlights”. X OTHER BUSINESS, COUNCILLORS Due to the concern of some parents whose children play hockey, Councillor Kean requested an update on the progress of the construction of the new Recreation Complex. The Director of Leisure Services responded that he provided a tour today for the Executive of the Aurora Minor Hockey Association who were very happy with the progress. The Director also advised that the opening date for the arenas is still scheduled for September 6, 2005. Councillor Kean questioned patrons’ safety when visiting the building due to the construction, to which the Director responded that the appropriate areas would be sectioned off to allow traffic flows into and out of the building within safe areas. Councillor West left the meeting at 9:40 p.m. Councillor Hogg requested that staff provide a report to Council with information, going back about five years, regarding the number of days the town has had watering bans and the magnitude of these bans. Councillor Hogg also requested information regarding the number of serviced lots that have been approved by the Region. Councillor Morris referred to an article in the local newspaper questioning whether the new pool is too small for competition, to which the Director of Leisure Services responded that it would be too small to hold the Commonwealth Games or International level events, but that no pool in York Region could accommodate these Games, as they would likely require a 50 metre pool. The Director indicated that the new pool will accommodate swim meets, but not at the level of world championships or the Commonwealth Games. Councillor Morris advised that Aurora will be hosting the Canadian Federation of Intercultural Friendship on Wednesday, September 21, 2005 from 9:30 a.m. – 11:30 a.m. Councillor Morris indicated that the Mayor will be in attendance and invited all Members of Council to attend. Councillor Morris advised that the Ontario Power Authority will have its next meeting on August 17, 2005. Councillor Morris also advised that on September 14, 2005, the Ontario Power Authority will be presenting their recommendations, which will be sent to the Ontario Energy Board, and then a public session will take place on September 21, 2005. Councillor Morris advised that a report would be presented to Council after September 14th and before September 21st, to allow for a review of the recommendations in conjunction with the CAO. The CAO suggested that, in the meantime, it would be important for Council to review the 27 options provided in the charts prepared by Mr. Ian Munro. The CAO also clarified that the Ontario Power Authority deliberations have no impact on the sale of Aurora Hydro to PowerStream and that these delays are, rather, procedural. Council Meeting No. 05-27 Page 10 of 11 Tuesday, August 16, 2005 Councillor Buck inquired about what policies are in place to regulate the length of time that financial records are kept, to which the Director of Corporate Services responded that the Records Retention By-law requires a 7 - 10 year retention period for financial records, depending on the type of records in question. Councillor Hogg suggested, based on the technology now available, that this process should be reviewed. Councillor Vrancic suggested that, in addition to Councillor Hogg’s comments regarding the watering bans, the matter should be put on a General Committee agenda so that a motion can be forwarded to the Region suggesting that development in the Region should not be so rapid, when there is a watering issue for those residents already established in the area. Councillor Vrancic questioned what policies are in place to monitor the erecting of scaffolding which blocks sidewalks and forces pedestrians to walk on the road. Councillor Vrancic singled out the scaffolding at Yonge Street and Wellington Street which should be such that pedestrians can walk underneath, thereby staying on the sidewalk, and should also be screened. Councillor Vrancic requested that section 5.13(b) of the Procedural By-law be examined by the Town Solicitor in order to identify potential inconsistencies with the By-law. XII IN-CAMERA Moved by Councillor Vrancic Seconded by Councillor THAT Council proceed In-Camera to address a personnel matter. CARRIED Moved by Councillor Buck Seconded by Councillor Kean THAT Council reconvene at 10:15 p.m. CARRIED Mayor Jones indicated that, among the by-laws to be read, Mr. L. John Gutteridge will be appointed as the new Treasurer for the Corporation of the Town of Aurora, effective September 6, 2005. XI READING OF BY-LAWS Moved by Councillor Morris Seconded by Councillor Kean THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4676-05.D BEING A BY-LAW to amend By-law No. 2213-78, as amended, being the Zoning By-law of the Town of Aurora (File D14-08-02, 15450 Yonge Street) Council Meeting No. 05-27 Page 11 of 11 Tuesday, August 16, 2005 4695-05.H BEING A BY-LAW to appoint a Treasurer for the Corporation of the Town of Aurora 4694.05.C BEING A BY-LAW to confirm actions by Council resulting from the meeting of August 16, 2005. CARRIED XIII ADJOURNMENT Moved by Councillor Kean THAT the meeting be adjourned at 10:17 p.m. CARRIED _________________________________ ______________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK