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MINUTES - General Committee - 20030204 TOWN OF AURORA GENERAL COMMITTEE MEETING REPORT NO. 03-03 Council Chambers Aurora Town Hall Tuesday, February 4, 2003 ATTENDANCE COMMITTEE MEMBERS Mayor Jones in the Chair; Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic, Wallace and West Councillor Vrancic was absent due to a family matter. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Treasurer, Director of Planning, Director of Leisure Services, Director of Public Works, Director of Building and Council/Committee Secretary. Moved by Councillor West Seconded by Councillor Wallace THAT, in the absence of Councillor Vrancic, Mayor Jones assume the Chair for this General Committee meeting. CARRIED Mayor Jones called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Moved by Councillor West Seconded by Councillor Griffith THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented, with the addition of the following:  Delegation Request from Mr. Brad Rogers of Forhan Rogers, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West.  Delegation Request from Mr. Bill Bobbie resident of 203 Kennedy Street West, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West.  Delegation Request from Kim-Marie and Michael Redman, residents re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. General Committee Report No. 03-03 Page 2 Tuesday, February 4, 2003  Notice of formation of the Kennedy Street West and Area Ratepayers Association and petition from this Association re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West.  Letter from Mr. L. Shapiro of Shapiro and Shapiro to accompany the delegation from Mr. E. J. Gordon re: Item 1 - PL03-013 - 160 Wellington Street.  Memo from the Director of Leisure Services re: Grant request. CARRIED III DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2, 3, 6, 8, 9 and 10 were identified for discussion. IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Timpson Seconded by Councillor Griffith 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: 4. CS03-008 - Street Numbering Policy - Amendments THAT the revised Street Numbering Policy, attached as Attachment “A” be approved; and THAT the draft By-law be enacted. 5. PL03-011 - Securities Deposit Practise - Public Institutions THAT the Securities Deposit Practise as it relates to Site Plan Agreements for Public Institutions be amended, deleting the requirements to Post Securities relating to outside works, occupancy, and landscaping. 7. TR03-002 - Management Information Systems Strategic Plan Update - Terms of Reference THAT Council approve the Terms of Reference outlined in Appendix “A” of this report as the basis for issuing a Request for Quotation to engage a consultant to update the 1997 Management Information Systems Strategic Plan; and THAT staff be directed to report back to Council on the results of this process upon completion of the review. CARRIED General Committee Report No. 03-03 Page 3 Tuesday, February 4, 2003 V DELEGATIONS Ms. Theresa Whitelaw and Ms. Janet Reevie, Residents re: Item 1 - PL03-013 - 160 Wellington Street. Theresa Whitelaw and Janet Reevie, tenants of the condominium at 160 Wellington Street, appeared to express their concerns with regard to the deficiencies found with the rooftop garden, and the methods used to get tenants to sign a waver regarding the removal of this garden. Ms. Whitelaw indicated that the garden had been a selling feature of the Condominium and that it would be unfair to eliminate it all together due to the issue of weight from the trees having negative impact on the structure. Ms. Whitelaw requested that if alternative plans have been drawn up for the rooftop garden, they be provided for the tenants to review and provide input. Moved by Councillor West Seconded by Councillor Wallace THAT the comments of the delegate be received and referred to Item #1. CARRIED E.J. Gordon, 754326 Ontario Limited re: Item 1 - PL03-013 - 160 Wellington Street. Mr. Gordon, of 754326 advised that he is the owner of the property and indicated that staff’s concern with regard to the need for a retaining wall is not in keeping with the wishes of the tenants living on this site, and that there would be many safety issues associated with the constructing of such a wall. Mr. Gordon advised that he is constrained by time and financial pressures and he requested that the Town reconsider their position and decide that the concerns identified in report PL03-013, are resolved to the satisfaction of the affected parties and allow for this site plan agreement to proceed. Moved by Councillor West Seconded by Councillor Griffith THAT the comments of the delegate be received and that Item #1, be brought forward for consideration at this point in the meeting. CARRIED 1. PL03-013 - Site Plan Deficiencies 160 Wellington Street East Moved by Councillor West Seconded by Councillor MacEachern THAT the Committee receive as information Report PL03-13 with respect to deficiencies in the building located at 160 Wellington Street; and THAT Staff meet with Mr. Gordon to address the deficiencies and provide a further report detailing the applicant’s proposals/alternatives to comply with the Site Plan Agreement as approved by Council. CARRIED General Committee Report No. 03-03 Page 4 Tuesday, February 4, 2003 Delegation Request from Mr. Brad Rogers of Forhan Rogers, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. (Added Item) Mr. Brad Rogers advised the Committee that he was representing the Nardi family on this matter and provided a brief account of the events leading up to this point. Mr. Rogers advised of several concerns with respect to this application, to do with insufficient soil for construction of the proposed homes, due to illegal dumping of fill in the 1970’s and 1980’s, as well as the property’s proximity to existing flood planes. Mr. Rogers also provided two alternative proposals for building on that site, which would be less imposing to his client. Mr. Rogers asked that the Committee consider amending the motion of December 17th, 2002 Council meeting in regard to this item to clarify Council’s position on this matter and to advise the OMB that the Town does not support this application due to environmental and drainage issues. Mr. Rogers also requested that the Committee support the second of the alternative proposals suggested by the Forhan Rogers Group suggesting that three units be constructed on this site, all with frontages onto Kennedy Street. Moved by Councillor Griffith Seconded by Councillor Timpson THAT the comments of the delegate be received and referred to Item #2. CARRIED Sam and Jan Nardi, of 248 Kennedy Street West re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. Mr. Sam Nardi indicated that he and his family have concerns with respect to the Town’s notification process, along with many other issues relating to this application. Among the concerns stated were: the possibility of the applicant causing further damage to the vegetation in the area through the construction process and from the storage of snow in the location where there are existing trees; the proposed construction of a private road encircling the Nardi’s property; unsightly conditions resulting from the Storm Water Management ditches and garbage pick-up points for the proposed homes. In closing Mr. Nardi asked the Committee to change their position and oppose the application. Moved by Councillor Griffith Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to Item #2. CARRIED Mr. Robert Sherwood of 207 Kennedy Street West, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. Mr. Sherwood advised that he and many other residents have concerns with regard to the Town’s notification procedures in relation to this application, and in order to address these concerns they formed the Kennedy Street West and Area Ratepayers Association. Mr. Sherwood provided a petition on behalf of this group of approximately 60 residents, and requested that the Town of Aurora explore their notification and communication practices, and take measures to make them more accessible for residents. Mr. Sherwood closed by urging Council to reject this application and support the residents position at the Ontario Municipal Board by refusing this application. Moved by Councillor Timpson Seconded by Councillor MacEachern THAT the comments of the delegate be received and referred to Item #2. CARRIED General Committee Report No. 03-03 Page 5 Tuesday, February 4, 2003 Delegation Request from Mr. Bill Bobbie resident of 203 Kennedy Street West, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. (Added Item) Mr. Bill Bobbie expressed concerns with regard to the notification process and suggested that this issue has bearing on the entire neighbourhood, as it sets a precedent whereby all green space will be turned into houses and Mr. Bobbie expressed the viewpoint that this is not in keeping with the wishes of the long term residents in that area. Moved by Councillor West Seconded by Councillor Timpson THAT the comments of the delegate be received and referred to Item #2. CARRIED Mr. Chris Barnett, of Davis and Company, re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. Mr. Chris Barnett of Davis and Company advised that he was representing the applicant, Mr. Lenard Lind in this case and advised the Committee and interested parties in attendance that the date has been set for the OMB hearing, which will be held at the Town offices on Wednesday April 9th, 2003. Mr. Barnett assured all attendees that ample notification will be provided to the affected residents through written notices as directed by the OMB. Mr. Barnett advised that the notification process used up to this point was in keeping with provincial legislation and that any consultation which took place between staff and the applicant was to work together to address the identified concerns of staff and the residents. Mr. Barnett addressed the concerns expressed by the delegates at this meeting, noting that there are several conditions of draft approval that ensure the protection of existing trees on the site and that the applicant has committed to taking necessary measures to ensure that any remaining peat and illegal fill will be removed and replaced by acceptable soil on the site prior to the construction of the homes. Moved by Councillor Wallace Seconded by Councillor Griffith THAT the comments of the delegate be received and referred to Item #2. CARRIED Delegation Request from Kim-Marie and Michael Redman, residents re: Item 2 - PL03-010 - Lenard Lind, 240 Kennedy Street West. (Added Item) Mr. and Mrs. Redman advised that they are relatively new to the area and were fortunate to receive notification of this application. Mr. Redman indicated that the application appears to be acceptable to them, and noted that they were unaware of the past events relating to this application. Mr. Redman indicated that the current zoning for this area allows for up to 25 units per hectare, pointing out that this application only proposes 2.5 units per hectare and he suggested that this is a reasonable proposal. Mrs. Kim-Marie Redman advised that she is a board member of the Ontario Condominium Association and that the President of the Association is also in attendance at this meeting, noting that they also feel that this proposal is reasonable. Moved by Councillor Timpson Seconded by Councillor Griffith THAT the comments of the delegate be received and that Item #2, be brought forward for consideration at this point in the meeting. CARRIED General Committee Report No. 03-03 Page 6 Tuesday, February 4, 2003 2. PL03-010 - Draft Plan of Condominium Lenard Lind Part of Lot 79, Concession 1, W.Y.S. 240 Kennedy Street West File Number D07-02-4A Moved by Councillor Timpson Seconded by Councillor Pedersen WHEREAS the zoning by-law amendment application D07-02-4A has been appealed to the Ontario Municipal Board (OMB) following Council’s decision on April 25th, 2001, AND WHEREAS on December 17th, 2002, Council directed “Staff to go forward on consent to the Ontario Municipal Board for approval of the draft zoning by-law amendment’, AND WHEREAS the OMB has yet to hear the appeal; subsequently the OMB could either approve or deny the said zoning by-law amendment application, AND WHEREAS the Town of Aurora has pro-actively prepared conditions of approval for a draft plan of condominium in the event that the OMB approves the zoning by-law amendment, since the subject plan is to be implemented as a plan of condominium, THEREFORE BE IT HEREBY RESOLVED THAT, subject to the approval of the Ontario Municipal Board of the implementing zoning by-law amendment, that the proposed plan of condominium D07-02-4A, prepared by KLM Planning Partners Inc., dated July 22, 2002, be draft approved subject to the Conditions of Draft Approval attached to PL03-010 as Appendix “A” being fulfilled prior to final approval; and AMENDMENT: Upon the question of the adoption of the resolution, it was: Moved by Councillor West Seconded by Councillor Timpson THAT the conditions of approval for a Draft Plan of Condominium be amended to include the provision that no windows are to be built above the eaves trough level, and that there be no “Dutch Roofs” incorporated into the designs of the homes proposed for this property CARRIED The main motion was CARRIED AS AMENDED Mr. Gerry Conetta re: Proposal to amend Taxi By-laws. Mr. Gerry Conetta advised that he was before the Committee to propose an amendment to Taxi By-laws which would introduce “Ambassador Plates” that would allow smaller taxi businesses to survive and be more competitive in relation to the predominant taxi company in the Aurora area. Moved by Councillor West Seconded by Councillor Griffith THAT the comments of the delegate be received and the item be referred to staff to work with the delegate to fully explore the feasibility of this proposal, and report back. CARRIED General Committee Report No. 03-03 Page 7 Tuesday, February 4, 2003 VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 3. CS03-007 - Electronic Voting Equipment Moved by Councillor MacEachern Seconded by Councillor Griffith THAT staff be authorized to proceed with the issuance of a Request for Proposal for the acquisition of electronic voting equipment for the 2003 Municipal Elections and subsequent elections. CARRIED 6. PL03-012 - Site Plan Control By-law Proposed Amendments Moved by Councillor West Seconded by Councillor Kean THAT Site Plan Control By-law Number #3604-95.D be amended to remove the R6 zone categories applying to Draft Plans, D12-00-7A (Prato) and D12-88060 (phase 3) Bayview Wellington North. CARRIED 8. Item Deferred from Council meeting 02-28, November 26, 2002 Re: TSAB revised mandate Moved by Councillor Timpson Seconded by Councillor West The Traffic Safety Advisory Board’s revised mandate be adopted. CARRIED 9. Item Deferred from Council meeting 02-30, December 17, 2002 Re: TSAB02 -0031 Moved by Councillor West Seconded by Councillor Timpson THAT Council not set a specific budget for traffic calming for 2003, but instead deal with funding for traffic calming studies and projects on a case-by-case basis. This will allow staff to report to Council as part of the 2004 budget process after a year of experience in applying the policy and process with a better estimate of the level of funding that would be appropriate for 2004 and future years. CARRIED 10. Correspondence from Mr. Douglas Hubley, Chairman, Aurora Public Library Board Re: Recommendation from the Library Board to name the east main floor meeting room of the Library. Moved by Councillor Griffith Seconded by Councillor West THAT the east main floor meeting room of the Aurora Public Library be named in recognition of the generous leadership gift of Lebovic Enterprises. CARRIED General Committee Report No. 03-03 Page 8 Tuesday, February 4, 2003 VII OTHER BUSINESS, COUNCILLORS Memo from the Director of Leisure Services re: Grant request (Added item) Moved by Councillor Griffith Seconded by Councillor West THAT the allocation of $500.00 from the Mayor and Council area of the 2003 Budget, be approved; AND THAT these funds be put towards a grant for Nicole Forrester, Aurora Athlete, who will be representing Canada in the 2003 World Championships and the 2004 Olympics for High Jumping. CARRIED Councillor Kean expressed concern on behalf of a resident with regard to a misprint in a local publication, which indicated the wrong address for a notification of a development proposal regarding 32-34 Wellington Street. The Director of Corporate Services advised that the error was minor in nature and that appropriate notice was provided in various other forms of media which are all readily available to the public. Councillor Timpson advised that Aurora's Arctic Adventure will be taking place on Saturday, February 8, 2003 at the Aurora Community Centre and Fleury Park from 10:00 am - 4:00 pm, and that there will be many activities and events taking place throughout the day for the enjoyment of residents young and young at heart. VIII ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned at 9:50 p.m. CARRIED (THE REPORT OF THE GENERAL COMMITTEE MEETING NO. 03-03 WAS CONSIDERED AND ADOPTED BY COUNCIL AT ITS MEETING HELD ON TUESDAY, FEBRUARY 11, 2003 WITH THE EXCEPTION OF ITEM NO. 2 WHICH WAS DEFERRED AND REVISIONS WERE MADE TO THE WORDING IN TWO OF THE DELEGATIONS.) ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK