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MINUTES - Council - 20100525 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 10-12 Council Chambers Aurora Town Hall Tuesday, May 25, 2010 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas (arrived at 7:10 p.m.) Gaertner, Gallo, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Customer and Legislative Services/Town Clerk, Director of Legal Services/Town Solicitor, Director of Building and By-law Services, Director of Parks and Recreation Services, Director of Planning and Development Services, Director of Infrastructure and Environmental Services, Director of Corporate and Financial Services/Treasurer, Manager of Legislative Services/Deputy Clerk, Council/Committee Secretary, Youth Councillors Adrian Bulfon and Chelsea Campbell Mayor Morris called the meeting to order at 7:05 p.m. I DECLARATIONS OF PECUNIARY INTEREST At 7:14 p.m. Councillor Collins-Mrakas declared an interest in Item 1 - Delegation (e) due to a relative being a member of the Aurora Optimist Club. At 10:12 p.m. Councillor MacEachern declared an interest due to a contract between her employer and a named company, 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 MacEachern Seconded by Councillor Gaertner THAT the agenda as circulated by the Customer and Legislative Services Department be approved as presented with the following additions:  Replacement page 102; and  New Item 12-LS09-021-Back-up Generator for Town Hall (Background information re: Item 8 - IES10-020 - Budget Increase for Town Hall Diesel Generator) CARRIED Council Meeting Tuesday, May 25, 2010 Page 2 of 10 III OPEN FORUM Mr. G. Barnes, resident, apologized for not attending the May 18 General Committee meeting and expressed concern regarding newspaper reports on Official Plan Amendment 72 and the proposed seven-storey building. He explained that expediency should not be an issue but rather the rule of law should be followed regarding this issue. Mr. M. Evans, from True Value Hardware, wanted his support of the Yonge and Centre Street improvement known. Mr. R. Lee congratulated those Councillors who voted in favour of the improvements planned for Yonge Street and the development plan for the downtown core. Mr. C. Reddick, of Supreme Collison on Yonge Street, also wanted his support known for the proposed development in the downtown core. IV ADOPTION OF MINUTES Council Minutes of Tuesday, May 11, 2010 Moved by Councillor Granger Seconded by Councillor Wilson THAT the Council minutes of Tuesday, May 11, 2010 be adopted as printed and circulated. CARRIED V PRESENTATIONS (a) Presentation of Plaques to Grade 4 Anti -Litter Poster Contest Finalists Catherine Marshall, EAC member, organizer and judge of the event, welcomed the children, parents and teachers to the presentation. She advised that this was the 8th Annual Anti-Litter Poster Contest with entries from 230 grade 4 students representing 10 elementary schools. All participants received participation certificates and 7 students received Honourable Mention certificates with the town seal on them. Ms. Marshall thanked the Mayor and staff for helping with this contest which encourages creativity, originality and environmental awareness in children at the grade 4 level and mentioned how impressed they were with the level of participation this year. Mayor Morris and Ms. Marshall presented plaques of the posters to the winner and finalists of the 2010 Anti-Litter Poster Contest, which are as follows: Winner: Alyessia Bomben Finalists: Eden Albertyne Ashley Feather Natalia Manjarres Thomas Alkhoury Frances Pocock Valentin Sasarman Mariah Cohen Jean-Luc Pullano Samantha Vernon Mayor Morris thanked the children for their participation and support in the Anti-Litter campaign that attributed to making it such a huge success. Council Meeting Tuesday, May 25, 2010 Page 3 of 10 VI PUBLIC SERVICE ANNOUNCEMENTS The Director of Planning and Development Services announced the proposed dates for next steps in the process for the Town-initiated Official Plan Review and 2C Secondary Plan Review and the Environmental Assessment process for the Secondary Plan lands. The three-day Charette provides a forum for the public and landowners, developers and stakeholders to comment on the review as well as design concepts for the area and participate with the Town and the consultant team in developing a plan and vision. The dates were confirmed as Wednesday, May 26, Thursday, May 27 and Monday, May 31. Councilllor Gaertner noted that these dates are posted on the Notice Board in this week’s Banner and on the Town’s web site. Councillor Wilson asked the Director of Parks and Recreation Services to confirm that June is Parks and Recreation Month. The Director advised that there is a calendar of events available with activities planned every day during the month of June. Residents are encouraged to get involved and participate in the celebration of Parks and Recreation Month. Mayor Morris requested information in order to issue a proclamation regarding this special month. Councillor MacEachern thanked the executive members of the Arboretum for the great Community Tree Planting day that saw 350 trees planted. Councillor MacEachern also wanted to thank Midpoint International staff and their family members that came out and participated in this worthwhile event. VII DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1(10), 2, 5, 6, 7, 8, 9, 11 and By-laws 5239-10 and 5244-10 were identified for discussion. VIII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor McRoberts Seconded by Councillor MacEachern Items 3, 4 and 10 were identified as items not requiring separate discussion. 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. Memorandum from Councillor MacEachern Re: Arboretum News – Spring 2010 THAT the memorandum and the Arboretum News – Spring 2010 be received for information. 4. Memorandum from the Cash Flow and Investment Coordinator Re: 2010 Fees and Service Charges By-law Update (CFS10-019) THAT Council approve the replacement of Schedules ‘A’, ‘F’ and ‘G’ in By-law 5244-10, the 2010 Fees and Service Charges By-law. Council Meeting Tuesday, May 25, 2010 Page 4 of 10 10. IES10-023 – Award of Contract for Consulting Services Reconstruction of Spruce Street, Walton Drive, from Spruce Street to Batson Drive and Keystone Court – Results of Contract IES2010-30 THAT the Contract for the provision of consulting services for the design of Spruce Street, Walton Drive (from Spruce Street to Batson Drive), and Keystone Court be awarded to the Cole Engineering Group Ltd. for $69,509.00, excluding GST; and THAT the Director of Infrastructure & Environmental Services be authorized to sign an Engineering Agreement. CARRIED IX DELEGATIONS None X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. General Committee Meeting Minutes of Tuesday, May 18, 2010 (10) PL10-016 – Applications to Amend the Official Plan and Zoning By-law WED Investments Ltd., 974672 Ontario Limited and 668390 Ontario Ltd. (The Kaitlin Group Ltd.) Lots 123, 124, 125, 126 and Part of Lot 22 Registered Plan 246, 15277, 15283 and 15291 Yonge Street and 10, 12, and 14 Centre Street Official Plan Amendment File: D09-03-97 Zoning By-law Amendment File: D14-16-97 Site Plan File: D11-01-07 Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT this item be deferred until the downtown core review is completed; and THAT it then be brought forward to the last General Committee meeting in September. On a recorded vote the motion was DEFEATED. NAYS: 5 YEAS: 4 VOTING NAYS: Councillor Buck, Collins-Mrakas, Granger, McRoberts, and Wilson VOTING YEAS: Councillors Gaertner, Gallo, MacEachern, and Mayor Morris Moved by Councillor McRoberts Seconded by Councillor Buck THAT the Official Plan Amendment No. 72 be adopted; and THAT staff be directed to provide a separate report to a future General Committee/Council for consideration of the Zoning By-law Amendment application (file:D14-16-97) and Site Plan application (file: D11-01-07); and THAT an agreement be entered into for the collection of cash-in-lieu of parking for a total of four (4) parking spaces; and Council Meeting Tuesday, May 25, 2010 Page 5 of 10 THAT the maximum building height of the structure from its highest point on Yonge Street (northern most point of the building) be 28.2 metres (92.5 ft.), and 25.1 metres (82.5 ft.) at its highest point along Centre Street. On a recorded vote the motion CARRIED AS AMENDED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gallo, Granger, McRoberts, and Wilson VOTING NAYS: Councillor Gaertner, MacEachern, and Mayor Morris Moved by Councillor Gallo Seconded by Councillor McRoberts THAT consideration by the developer be given to provide environmentally beneficial enhancements to the building. CARRIED Moved by Councillor McRoberts Seconded by Councillor Wilson THAT the balance of the minutes of the General Committee meeting of May 18, 2010 be received and the recommendations carried by the Committee be approved. CARRIED 2. Correspondence from Mr. Brian Duff Re: Request to Waive Fee for Town Park, June 18, 2010 Moved by Councillor Granger Seconded by Councillor MacEachern THAT the fees for the Town Park be waived. On a recorded vote the motion CARRIED. YEAS: 7 NAYS: 0 VOTING YEAS: Councillors Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, and Mayor Morris. Councillors Buck and Wilson were absent for the vote. DEFERRED FROM MAY 18, 2010 GENERAL COMMITTEE MEETING: 6. CLS10-006 – Amendments to the Municipal Elections Act, Bill 212 Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT report CLS10-006 be received for information. CARRIED Council Meeting Tuesday, May 25, 2010 Page 6 of 10 7. CLS10-014 – Pending List Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Item NB72 be deleted, item completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor Granger THAT Item NB79 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor Gaertner THAT Item CLS49 be deleted, item completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Item CLS53 be deleted, item completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Item CLS54 be deleted, item completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Item PDS39 be deleted, item completed. CARRIED Moved by Councillor Granger Seconded by Councillor MacEachern THAT Item NB75 be deleted, item completed. CARRIED Moved by Councillor MacEachern Seconded by Councillor Collins-Mrakas THAT Item PRS54 be deleted, item completed. CARRIED Moved by Councillor Wilson Seconded by Councillor MacEachern THAT report CLS10-014 be received for information as amended. CARRIED Council Meeting Tuesday, May 25, 2010 Page 7 of 10 Councillor MacEachern having previously declared an interest in Item 8 did not take part in or vote on any questions in this regard. 8. IES10-020 – Budget Increase for Town Hall Diesel Generator 12. AND LS09-021 – Back-up Generator for Town Hall (Background information re: Item 8 - IES10-020 - Budget Increase for Town Hall Diesel Generator) (Added item) Moved by Councillor Wilson Seconded by Councillor McRoberts THAT Council approve an increase in the budget from $90,000 to $220,000 (excluding taxes) to permit final tendering and award of the Town Hall Generator Installation; and THAT the additional funds be sourced from the Public Works Infrastructure Reserve Fund. DEFEATED Moved by Councillor Granger Seconded by Councillor Gaertner THAT the Procedural By-law be waived to extend the hour to 11:00 p.m. CARRIED 9. IES10-021 – Award of Tender No. IES2010-24 – Reconstruction of Town Hall and 22 Church Street Parking Lots Moved by Councillor Gaertner Seconded by Councillor MacEachern THAT the Treasurer be directed to transfer the funds for the 22 Church Street parking lot reconstruction (project no. 72093) to the Town Hall parking lot reconstruction (project no. 73035) as set out in Table “B” of Report No. IES10-21; and THAT Tender No. IES2010-24 – Reconstruction of Town Hall and 22 Church Street Parking Lots be awarded to C. Valley Paving Ltd. at the tendered price of $409,749.00, excluding taxes; and THAT Council authorize the Mayor and Clerk to execute the necessary Agreements for the project. CARRIED 11. IES10-024 – Update to the Waste Collection By-law for the Mandatory Use of Compostable Green Bin Liners Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT Council receive Report No. IES10-024, “Update to the Waste Collection By-law for the Mandatory Use of Compostable Green Bin Liners” for information; and THAT Council enact By-law 5239-10, “BEING AN AMENDING BY-LAW for establishing and maintaining a system for collection, removal and disposal of garbage, other refuse, yard waste materials, recyclable materials including blue box materials and source separated organics in the Town of Aurora”. CARRIED Council Meeting Tuesday, May 25, 2010 Page 8 of 10 5. Memorandum from the Director of Planning and Development Services Re: Additional Information Item #10 (PL10-016) May 18, 2010 General Committee Meeting WED Investments Ltd. (The Kaitlin Group Ltd) Official Plan and Zoning By-law Amendment Applications Files: D09-03-97 and D14-16-97 Related Site Plan File: D11-01-07 Moved by Councillor Granger Seconded by Councillor MacEachern THAT the memorandum from the Director of Planning and Development Services be received. CARRIED XI REGIONAL REPORT York Regional Council Highlights – May 20, 2010 Mayor’s Report Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the Regional Report be received for information. CARRIED XII NEW BUSINESS/GENERAL INFORMATION – COUNCILLORS None XIII CLOSED SESSION None XIV READING OF BY-LAWS Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT By-law 5239-10 BEING A BY-LAW to amend By-law 4931-07.E to provide for the mandatory use of Certified Compostable Bags and Certified Compostable Bag Liners be given 1st, 2nd and 3rd readings, and enacted. On a recorded vote the motion CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Gallo, Granger, MacEachern, McRoberts, and Mayor Morris VOTING NAYS: Councillor Wilson Council Meeting Tuesday, May 25, 2010 Page 9 of 10 Moved by Councillor Gallo Seconded by Councillor MacEachern THAT By-law 5244-10 BEING A BY-LAW to establish a schedule of fees and charges for services, activities and the use of property within the Town of Aurora be given 1st, 2nd and 3rd readings, and enacted as amended. CARRIED Moved by Councillor Gaertner Seconded by Councillor Granger THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5233-10 BEING A BY-LAW to set and levy the rates of taxation for the taxation Year 2010 (report CFS10-012 – May 18 GC) 5243-10 BEING A BY-LAW to amend Zoning By-law No. 2213-78, as amended (15565 Yonge Street) (report PL10-038 – May 18 GC) 5199-10 BEING A BY-LAW to prescribe maximum rates of speed on certain streets in the Town of Aurora (report TSAC10-01 – May 4 GC) 5245-10 BEING A BY-LAW to adopt Official Plan Amendment No. 72 (As amended) (report PL10-016 – May 18 GC) 5249-10 BEING A BY-LAW to provide for the use of voting and vote counting equipment 5250-10 BEING A BY-LAW to amend appointment By-law 5169-09 to appoint a Municipal Enforcement Officer to enforce the Town of Aurora’s Animal Control By-laws 5251-10 BEING A BY-LAW to amend appointment By-law 5216-10 to appoint Municipal Law Enforcement Officers 5248-10 BEING A BY-LAW to Confirm Actions by Council Resulting from Council Meeting 10-12 on May 25, 2010 CARRIED Council Meeting Tuesday, May 25, 2010 Page 10 of 10 XV ADJOURNMENT Moved by Councillor Granger THAT the meeting be adjourned at 11:09 p.m. CARRIED _______________________________ ________________________________ PHYLLIS M. MORRIS, MAYOR JOHN D. LEACH, TOWN CLERK THE MINUTES OF THE COUNCIL MEETING 10-12 WERE APPROVED BY COUNCIL ON TUESDAY, JUNE 8, 2010.