Loading...
AGENDA - Council - 20050510AuRORA COUNCIL AGENDA NO.05-19 NESUAY, MR 10p 2005 COUNCIL CHAMBERS AURORA TOWN NAIL PUBLIC RELEASE 6/5/05 TOWN OF AURORA COUNCIL MEETING AGENDA NO. 05-19 Tuesday, May 10, 2005 7:00 P.M. OPEN FORUM — COUNCIL MEETING TO FOLLOW I DECLARATIONS OF PECUNIARY INTEREST H APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. 111 ADOPTION OF MINUTES Council Minutes of April 26, 2005, Meeting Number 05-18 RECOMMENDED: THAT the Council Minutes from Meeting Number 05-18 be adopted as printed and circulated. IV PRESENTATIONS V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 2 of 10 Vll DELEGATIONS VIII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION IX REGIONAL REPORT X OTHER BUSINESS, COUNCILLORS XI READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4667-055 BEING A BY-LAW to (pg. B-1) Authorize the Issuance of Debentures for the Construction of the New Recreation Complex. 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) (pg• B-2) (pg• B-7) Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 3 of 10 4672-05.0 BEING A BY-LAW to (pg. B-8) amend By-law 4500-04.0 to appoint a new member to the Committee of Adjustment. (Appointing of D. Van Decker) 4673.05.0 BEING A BY-LAW to (pg. B-9) confirm actions by Council resulting from the meeting of May 10, 2005. Xll IN -CAMERA None Xlll ADJOURNMENT Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 4 of 10 AGENDA ITEMS 1. General Committee Meeting Report No. 05-12 (pg. 1) Tuesday, May 3, 2005 RECOMMENDED: THAT the Report of the General Committee Meeting No. 05-12 be received and the recommendations carried by the Committee be adopted. 2. EAC05-05 April 11, 2005 Environmental Advisory Committee (pg. 9) Meeting RECOMMENDED: 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 Page 5 of 10 Council Meeting No. 05-19 Tuesday, May 10, 2005 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 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. Council Meeting No. 05-19 Page 6 of 10 Tuesday, May 10, 2005 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. 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 Natural ization/Wild I ife 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. Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 7 of 10 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. 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. 3. E'DAC05-04 April 20, 2005 Economic Development Advisory (pg. 22) Committee Meeting RECOMMENDED: 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 Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 8 of 10 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. 4. BA05-005 — Variance to Sign By-law — Shoppers Drug Mart - (pg. 28) 446 Hollandview Trail Re: Item 1(8) — General Committee Meeting — May 3, 2005 RECOMMENDED: 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 attached hereto; 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. Council Meeting No. 05-19 Page 9 of 10 Tuesday, May 10, 2005 5. Recommendation from the In -Camera Meeting on (pg. 34) Tuesday, May 3, 2005 RECOMMENDED: THAT Mr. Denis Van Decker be appointed to the Committee of Adjustment to fill the vacancy on the Committee. 6. PW05-010 — Award of Tender No. PW-2005-07 - Reconstruction (pg. 35) of Vandorf Sideroad from Industrial Parkway to Monkman Court/Archerhill Court RECOMMENDED: 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. 7. Correspondence from the Town of Newmarket (pg. 49) Re: National Guide to Sustainable Municipal Infrastructure RECOMMENDED: 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 Council Meeting No. 05-19 Tuesday, May 10, 2005 Page 10 of 10 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. 8. Memo from the Manager of Parks (pg. 51) Re: Tree Permit - 340 Ridge Road & Draft Tree Preservation Agreement (Report LS05-022 General Committee, May 3, 2005 Item 9) RECOMMENDED: 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. COUNCIL - MAY 10, 2005 LA:GENDA:ITEM # �. TOWN OFAURORA GENERAL COMMITTEE MEETING REPORT NO. 05-12 Council Chambers Aurora Town Hall Tuesday, May 3, 2005 ATTENDANCE COMMITTEE MEMBERS Councillor Vrancic in the Chair; Mayor Jones, Councillors Buck, Hogg, Morris, and West. MEMBERS ABSENT Councillors Kean and Wallace were absent on other business. Councillor Gaertner was absent due to a personal matter. OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Building, Director of Leisure Services, Director of Planning, Manager of Engineering Services, Deputy Treasurer, Town Solicitor, and Council/Committee Secretary. Councillor Vrancic 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 General Committee recommends: THAT the content of the Agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ Delegation from Ms Kristen Yemm, Marketing and Communications Co-ordinator and Mr. Dino Lombardi, Economic Development Officer Re: Item 3 - ADM05-010— Developing a New Municipal Tagline for the Town of Aurora — A Re -Branding Initiative ➢ Deferral of Item 2 - ADM05-009-Acting Head of Council — Deputy Mayor, to the May 19, 2005 General Committee meeting ➢ Additional material to accompany Delegation (c) Mr. Chris Stoyanovich, Director, Planning & Development for Shoppers Drug Mart Re: Sign Variance for Shoppers Drug Mart, Hollandview Trail, Aurora (Item 8) CARRIED —1— COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 2 of 8 Tuesday, May 3, 2005 111 DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION All of the Items on the agenda were identified for discussion. IV ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION None V DELEGATIONS (a) Mr. Wayne Bando, Resident Re: Reconstruction of Collins Crescent Mr. Bando, resident of 38 Collins Crescent, expressed concerns pertaining to the recently completed reconstruction of Collins Crescent, resulting In the expansion of the grassed boulevards between the property lines of several homes and the crescent. Mr. Bando advised that this new grassed area requires more care and maintenance for the affected residents and that the physical work and cost of this maintenance has become the sole responsibility of the property owners. Mr. Bando advised that he and other affected residents feel that the Town should be responsible for maintaining the expanded boulevards, as the property is owned by the Town. General Committee recommends: THAT the comments of the delegate be received for information. CARRIED (b) Mr. Frank Lucian!, Resident Re: Tree Permit Application for 340 Ridge Road (Item 9) Mr. Lucian! advised that his application for a minor variance, to construct a new home on his property at 340 Ridge Road, was approved through the Committee of Adjustment. Mr. Luclanl advised that the approval was subject to vegetation preservation conditions which included a condition that he comply with By-law 4474-03.D (Tree Permit By-law). Mr. Lucian! advised that he has completed the application for a Tree Removal Permit and has remitted the applicable payment in accordance with the By-law and he is willing to enter into a Vegetation Preservation Agreement with the Town to the satisfaction of the Director of Leisure Services. Mr. Lucian! advised that he is available for questions during consideration of this matter. General Committee recommends: THAT the comments of the delegate be received and referred to Item 9 on the agenda; and THAT Item 9 - LS05-022— Tree Cutting Permit Application be brought forward for discussion. CARRIED -2- COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 3 of 8 Tuesday, May 3, 2005 9. LS05-022—Tree Cutting Permit Application General Committee recommends: THAT Council approve the attached 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 (c) Mr. Chris Stoyanovich, Director, Planning & Development, Shoppers Drug Mart Re: Sign Variance for Shoppers Drug Mart, Hollandview Trail, Aurora (Item 8) Mr. Chris Stoyanovich of Shoppers Drug Mark provided a brief background to the request for a Sign Variance for Shoppers Drug Mart at 446 Hollandview Trail which is outlined in report BA05-004. Mr. Stoyanovich advised that he has provided three proposed options for the Committee to consider in relation to this matter, as outlined in the letter which was provided in the additional items package this evening. Mr. Stoyanovich suggested that, of the four spaces currently proposed for the display of lifestyle Images, perhaps the Town would be interested in displaying Images of historical or local interest in one or two of the proposed spaces. General Committee recommends: THAT the comments of the delegate be received and referred to Item 8 on the agenda; and THAT Item 8 - BA05-004 — Variance to Sign By-law — Shoppers Drug Mart 446 Hollandview Trail, be brought forward for discussion. CARRIED 8. BA05-004— Variance to Sign By-law — Shoppers Drug Mart 446 Hollandview Trail General Committee considered the following recommendation which was voted on and defeated: THAT Council approve the request for a variance to permit an additional 28 square metres of signage on the east wall for the purpose of providing life style images that are part of the new Shoppers Drug Mart image, with the understanding that the proposed sign remain lifestyle pictures and that the Town retain the option to use two of the panels to display pictures from the Town of Aurora. DEFEATED -3- COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 4 of 8 Tuesday, May 3, 2005 General Committee recommends: THAT Council approve the request for a variance to permit an additional 28 square metres of signage on the east wall for the purpose of providing life style images, provided that those images are not used in the future for the purpose of advertising product; and THAT staff be requested to meet with representatives from Shoppers Drug Mart, prior to the May 10, 2005 Council meeting, to fine tune the restrictions on those images to be displayed. CARRIED Ms Kristen Yemm, Marketing and Communications Co-ordinator and Mr. Dino Lombardi, Economic Development Officer Re: Item 3 - ADM05-010— Developing a New Municipal Tagline for the Town of Aurora —A Re -Branding Initiative (ADDED ITEM) Ms Kristen Yemm, Marketing and Communications Co-ordinator and Mr. Dino Lombardi, Economic Development Officer, provided a brief introduction to the report ADM05-010 — Developing a New Municipal Tagline for the Town of Aurora — A Re -Branding Initiative. Ms Yemm and Mr. Lombardi reviewed the process leading up to the selection of the proposed tag lines offered within the above captioned report, and requested that the Committee select a preferred tagline to be forwarded to Council for approval and use with the Town's new marketing Logo. General Committee recommends: THAT the comments of the delegates be received and referred to Item 3 on the agenda; and THAT Item 3 - ADM05-010— Developing a New Municipal Tagline for the Town of Aurora — A Re -Branding Initiative, be brought forward for discussion. CARRIED 3. ADM05-010— Developing a New Municipal Tagline for the Town of Aurora — A Re -Branding Initiative General Committee recommends: , THAT General Committee endorse the following tag line; "You're in Good Company" THAT the preferred tagline be forwarded to Council for approval and use with the Town's new marketing Logo. CARRIED VI CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION City of Vaughan's Tree Protection By-law (Requested by Councillor Kean at General Committee - April 19, 2005) General Committee recommends: THAT consideration of the City of Vaughan's Tree Protection By-law be deferred to the May 17, 2005 General Committee meeting. CARRIED -4- COUNCIL - MAY 10, 2005 General Committee Report No. 05.12 Page 5 of 8 Tuesday, May 3, 2005 General Committee recommends: THAT Item 10 - LS05-024— Seniors' Centre Naming Rights Policy be brought forward for discussion. CARRIED 10. LS05-024— Seniors' Centre Naming Rights Policy General Committee recommends: THAT Council endorse the fundraising targets identified within this report regarding the naming rights for the New Seniors' Centre; and THAT Council approve the Naming Rights Policy attached to Report LS05-024. CARRIED 2. ADM05-009— Acting Head of Council — Deputy Mayor Upon approval of the agenda, Report ADM05-009 — Acting Head of Council — Deputy Mayor, was deferred to the May 19, 2005 General Committee meeting. 4. PL05-038 — Application for Exemption from Part Lot Control J.A. Developments Inc. Lot 33 and Block 38, Registered Plan 65M-3222 14689 Bathurst Street File D12-PLC-03-02 General Committee recommends: THAT Council approve the request for exemption from Part Lot Control made by J.A. Developments Inc. to divide Lot 33 and Block 38, Registered Plan 65M-3222 into two separate lots; and THAT Council enact By-law 4671-05.D at the May 10, 2005 Council meeting. CARRIED 5. PL05-039 — Official Plan & Zoning By-law Amendment Applications Amourin Investments Limited & J-G Cordons Investments Limited Lots 123, 124, 125, 127 and Part of 122, Plan 246 15277, 15283, & 15291 Yonge Street and 10, 12 & 14 Centre Street Files D09.03-97 and D14.16-97 General Committee recommends: THAT Report PL05-039 be received as information with respect to an Official Plan and Zoning Bylaw Amendment application made by Amourin Investments Limited and J-G Cordons Investments Limited (Files D09-03- 97 and D14-16-97), scheduled for the June 29, 2005 Public Planning Meeting. CARRIED COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 6 of 8 Tuesday, May 3, 2005 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 General Committee recommends: 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 C505-015 — Council Pending List - Status Report General Committee recommends: THAT Report CS05-015 be received for information purposes. CARRIED Councillor Buck requested that the issue of signage appearing in the windows of various businesses located in the Yonge Street and Wellington Street area, not be included in the pending list, as this issue has been investigated by staff already. Councillor Morris requested that the Item regarding the removal of an air conditioner in a new subdivision on Bayvlew Avenue be removed from the pending list, as staff have followed up on this issue. 11. LS05.023— Status Update — New Recreation Complex General Committee recommends: THAT Report LS05-023 providing a status update of the New Recreation Complex be received for information. CARRIED 12. CS05.014-2005 Corporate Staff Complement Adjustments General Committee recommends: THAT the full time staff complement adjustments for 2005 be received for information. CARRIED -6- COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 7 of 8 Tuesday, May 3, 2005 13. TR05.011 — New Recreation Complex — Approval to Issue Debenture General Committee recommends: THAT Council authorize the issuance of debentures to complete the funding of the New Recreation Complex being financed from Development Charges; and THAT the Regional Municipality of York be requested to issue debentures in the amount of $12,669,300 on behalf of the Corporation of the Town of Aurora, repayable over a period of ten (10) years; and THAT the Regional Municipality of York be requested to issue debentures in the amount of $4,245,700 on behalf of the Corporation of the Town of Aurora repayable over a period of twenty (20) years; and THAT the debenture financing of the Non -development Charge component of the New Recreation Complex totalling $2,135,000 be deferred until the completion of the Long Term Capital Funding Review, Reserve and Reserve Fund Review and the development of a policy on the control and distribution of the proceeds from the sale of Aurora Hydro; and THAT By-law 4667-051 be enacted at the May 10, 2005 Council meeting. CARRIED VIl OTHER BUSINESS, COUNCILLORS Councillor West requested that the Department Heads review the Council Pending List in order to remove any items which have been concluded. Councillor Hogg inquired as to when a report would be brought forward regarding the naming rights for the new Recreation Complex. Councillor Buck advised that she had been informed that the Yonge Street Commercial Area Sub -Committee is raising funds for the installation of trees along Yonge Street and she requested that staff verify and report on this project. Councillor Vrancic expressed concerns regarding the road construction currently taking place on Wellington Street, just east of Yonge Street. Councillor Vrancic suggested that the current traffic disruption due to insufficient signage and markings, as well as the imposed merging of three lanes of traffic into one, is a potential hazard as well as a major inconvenience. Councillor Vrancic requested that staff contact the Region of York and request that they address these concerns. Mayor Jones advised of a parade to commemorate the 100th Anniversary of the St. Andrew's College Cadet Corps which will take place on Wednesday May 4, 2005, from 1:30 p.m, to approximately 3:00 p.m. Mayor Jones advised that the Corps with Pipes and Drums will be marching from St. Andrew's College on Yonge Street south to the Clock Tower between Wellington Street and Mosley Street, to receive the "Freedom of the City", and he advised that motorists can expect traffic delays on Yonge Street during that time, -7- COUNCIL - MAY 10, 2005 General Committee Report No. 05-12 Page 8 of 8 Tuesday, May 3, 2005 M IN -CAMERA Personnel General Committee recommends; THAT this Committee proceed In -Camera to address a personnel matter. IX ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 9:25 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 05-12 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, MAY 10, 2005. M COUNCIL - MAY 10, 2005 AGENDA ITEM # -TOWN OF AURORA COUNCIL REPORT No. EAC05-05 SUBJECT: April 11, 2005 Environmental Advisory Committee Meeting FROM: Chair - Councillor Morris Council Members - Councillor Gaertner Committee Members - Robert Cook, Ellen Mole, Darryl Moore, Susan Walmer and Klaus Wehrenberg DATE: May 10, 2005 RECOMMENDATIONS 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 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 COUNCIL - MAY 10, 2005 April 11, 2005 - 2 - Report No. EAC05-05 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 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 Pefro-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. -10- COUNCIL - MAY 10, 2005 April 11, 2005 -3- Report No. EAC05-05 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 meetinq 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. 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- COUNCIL - MAY 10, 2005 April l 1, 2005 -4- Report No. EAC05-05 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. Bv-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. 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. -12- COUNCIL - MAY 10, 2005 April 11, 2005 - 5 - Report No. EAC05-05 BACKGROUND Attached for the information of Council are the Minutes of the Environmental Advisory Committee Meeting EAC05-05, held on April 11, 2005. COMMENTS Nil. OPTIONS Nil. CONCLUSIONS Nil. FINANCIAL IMPLICATIONS None. ATTACHMENTS 1. Copy of Committee Record No. EAC005-05 Prepared by: Karen Ewart, Administrative Co-ordinator/Deputy Clerk, ext. 4222 o nci by is Morris, Chair Environmental Advisory Committee -13- COUNCIL - MAY 10, 2005 9 +a ATTAGHMENT ENVIRONMENTAL ADVISORY COMMITTEE RECORD MEETING NO. 05-05 Date: Time and Location Monday, April 11, 2005 7:00 p.m., Holland Room, Aurora Town Hall, 1 Municipal Drive Committee Members: Councillor Morris, Chair, Councillor Gaertner, Robert Cook, Ellen Mole, Darryl Moore, David Tomlinson, Sue Walmer, Klaus Wehrenberg Regrets: Mary Hill Staff Attendees: Wayne Jackson, Director of Public Works Karyn Bagley, Council/Committee Secretary Councillor Morris called the meeting to order at 7:02 p.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA Moved by Darryl Moore Seconded by Sue Walmer THAT the content of the agenda as circulated by the Corporate Services Department be approved. CARRIED APPROVAL OF MINUTES 1. Environmental Advisory Committee Meeting Record No. 05-04, dated Monday, March 21, 2005 Moved by Ellen Mole Seconded by Sue Walmer THAT Meeting Record No. 05-04, dated Monday, March 21, 2005, be adopted as printed and circulated by Corporate Services. CARRIED -14- COUNCIL — MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Monday, April 11, 2005 DELEGATIONS None MATTERS ARISING FROM PREVIOUS MINUTES 2. PW05-009 — Status Report Petro -Canada, 50 Industrial Parkway South 3. Correspondence from the Ministry of the Environment Petro -Canada Retail Outlet No. 04616 50 Industrial Parkway South Page 2 of 8 Mr. Ed Harvey and Mr. Graham Freed of Petro -Canada and Ms Megan Janes of EarthTech, environmental consultant for the Town of Aurora, were in attendance to address matters related to 50 Industrial Parkway South. Moved by Sue Walmer Seconded by Robert Cook 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 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 —15— COUNCIL — MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Page 3 of 8 Monday, April 11, 2005 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. CARRIED UNANIMOUSLY Councillor Morris recessed the meeting at 8:45 p.m. Ellen Mole and Robert Cook left the meeting at 8:45 p.m. Councillor Morris reconvened the meeting at 8:55 p.m. 4. TR05-018 — Community Survey Results (Referred to the Committee from March 29, 2005, Council) Moved by Sue Walmer Seconded by Councillor Gaertner THAT TR05-018 — Community Survey Results be deferred to the May 9, 2005, Environmental Advisory Committee meeting. CARRIED 5. Public Awareness/Education Sub -Committee Moved by Darryl Moore Seconded by Sue Walmer 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. ITa e INFORMATIONAL ITEMS 6. York Region Media Release York Region's 2004 Annual Water Report Shows Continues Excellent Water Quality —16— COUNCIL - MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Monday, April 11, 2005 7 I:1 a Moved by Klaus Wehrenberg Page 4 of 8 Seconded by David Tomlinson THAT the York Region media release regarding the York Region's 2004 Annual Water Report Shows Continues Excellent Water Quality be received for information. CARRIED Correspondence from Regional Councillor Jack Heath, Town of Markham - Phase One of Markham's Mission Green Project Moved by Sue Walmer Seconded by Councillor Gaertner 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. CARRIED Sandra Malcic, Regional Greening Co-ordinator Notice of meeting of Regional EAC representatives May 11, 2005 Moved by Sue Walmer Seconded by Darryl Moore 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. CARRIED Media Release from the Region of York "York Region Bans the Use of Plastic Bags for Yard Waste" Moved by Sue Walmer Seconded by David Tomlinson 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. G. i C -17- COUNCIL - MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Monday, April 11, 2005 10. 11 12. 13 Council Highlights from the Region of York Page 5 of 8 Moved by Klaus Wehrenberg Seconded by David Tomlinson THAT the Council Highlights from the Region of York be received for information. X-NNTRE Lake Simcoe Region Conservation Authority Green Roof Technology Moved by Klaus Wehrenberg Seconded by David Tomlinson THAT the correspondence from the Lake Simcoe Region Conservation Authority regarding Green Roof Technology be referred to the Planning Sub -Committee. d afffE Environmental Advisory Committee Pending List Moved by Klaus Wehrenberg Seconded by Darryl Moore THAT a copy of the Oak Ridges Moraine Invasive Species and Stewardship Study be forwarded to the Naturalization/Wildlife Sub - Committee. CARRIED News Article - CTV.ca "Earth has suffered irreversible damage: study" Moved by Sue Walmer Seconded by Councillor Gaertner 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. am COUNCIL - MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Monday, April 11, 2005 14. Informational Package from Region of York Water for Tomorrow Moved by Sue Walmer Page 6 of 8 Seconded by Klaus Wehrenberg THAT the Informational Package from the Region of York entitled "Water for Tomorrow" be received for information. CARRIED NEW BUSINESS 15. Klaus Wehrenberg to address the Committee regarding more involvement of Young people on the Environmental Advisory Committee Moved by Sue Walmer Seconded by Klaus Wehrenberg 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. CARRIED SUB -COMMITTEES REPORTS/UPDATES 2C Natural Heritage Study David Tomlinson advised the Committee that he is aware that North/South Environmental Consultants, hired by the Town of Aurora to study the 2C lands, have tracked mammals in the winter and are in the process of tracking the salamanders moving to their breeding sites. By-laws/Policy There was no update at this time. 16. Minutes of the February 18, 2005, and March 24, 2005, meetings Moved by Councillor Gaertner Seconded by Klaus Wehrenberg THAT the minutes of the By-laws/Policy Sub -Committee dated February 18, 2005, and March 24, 2005, meetings be received for information. CARRIED -19- COUNCIL - MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Page 7 of 8 Monday, April 11, 2005 Moved by Councillor Gaertner Seconded by Darryl Moore 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. CARRIED Natural ization/W ildlife David Tomlinson advised the Committee that the minutes of the Naturalization/Wildlife Sub -Committee are in progress. Planning Klaus Wehrenberg advised the Committee that there was no quorum at the last Planning Sub -Committee meeting. Public Awareness/Education Moved by Sue Walmer Seconded by David Tomlinson THAT the Public Awareness/Education Sub -Committee request 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. CARRIED Moved by Sue Walmer Seconded by David Tomlinson THAT an e-mail be sent from the Chair to all Environmental Advisory Committee and Sub -Committee members inviting them to participate in Anti -Litter Day on April 30, 2005. CARRIED Waste Management 17. Minutes of April 4, 2005, meeting Moved by David Tomlinson Seconded by Councillor Gaertner THAT the minutes of the Waste Management Sub -Committee meeting dated April 4, 2005, be received for information. CARRIED -20- COUNCIL — MAY 10, 2005 Environmental Advisory Committee Record No. 05-05 Page 8 of 8 Monday, April 11, 2005 OTHER BUSINESS BY MEMBERS Councillor Morris advised the Committee that due to health issues, Mary Hill has been unable to attend meetings on a regular basis. The Committee agreed that a decision has to be made regarding participation at the Sub -Committee meetings to ensure quorum is met, and that this would be addressed at the meeting dedicated to setting goals and priorities. ADJOURNMENT Moved by Sue Walmer THAT the meeting be adjourned at 10:12 pm. CARRIED —21— COUNCIL - MAY 10, 2005 AGENDA ITEM # .3 'TOWN OF AURORA COUNCIL REPORT No. EDAC05-04 SUBJECT: April 20, 2005, Economic Development Advisory Committee Meeting FROM: Vice Chair Council Members Committee Members DATE: May 10, 2005 RECOMMENDATIONS - Councillor Morris - Councillors Kean - David Amborski, Jim Beechey, Lisa Cruickshank, Gabriela Dragomir and Richard Wizemann 1. THAT the Committee Record of the Economic Development Advisory Committee Meeting 05-04, held on April 20, 2005, be received as information and the following recommendations of the Economic Development Advisory Committee be endorsed: 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 recirculated to the members of the Committee; and -22- COUNCIL - MAY 10, 2005 May 10, 2005 - 2 - Report No. EDAC05-04 THAT the Chief Administrative Officer be invited to be in attendance at the same meeting. BACKGROUND Attached for the information of Council are the Minutes of the Economic Development Advisory Committee Meeting 05-04, held on April 20, 2005. COMMENTS Nil OPTIONS Nil. CONCLUSIONS Nil. FINANCIAL IMPLICATIONS None. ATTACHMENTS 1. Copy of Committee Record No. 05-04, held on April 20, 2005 Prepared by. Karen Ewart, Administrative Co-ordinator/Deputy Clerk, ext, #4222 C urYci Morris, Vice Chair Economic Development Advisory Committee -23- COUNCIL — MAY 10, 2005 ATTACHMENT ,a ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECORD MEETING NO. 05-04 Committee: Date: Time and Location Economic Development Advisory Committee Wednesday, April 20, 2005 7:30 a.m., The Leksand Room - Aurora Town Hall Committee Members: Councillor Morris, Vice - Chair; Councillor Kean, David Amborski, Jim Beechey, Sharon Culver, Lisa Cruickshank, Gabriela Dragomir, Richard Wizemann Absent: Councillor Vrancic Other Attendees: Dino Lombardi, Economic Development Officer; Karen Ewart, Administrative Co-ordinator/Deputy Clerk Councillor Kean, Acting Chair, called the meeting to order at 7:40 a.m. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OFAGENDA Moved by Sharon Culver Seconded by Lisa Cruickshank THAT the content of the Agenda be approved. CARRIED REVIEW OF PREVIOUS MEETING REPORT Moved by Lisa Cruickshank Seconded by Sharon Culver THAT Meeting Report 05-03 held on Wednesday, March 23, 2005 be adopted as printed and circulated. CARRIED —24— COUNCIL - MAY 10, 2005 Economic Development Advisory Committee Minutes No. 05-04 Page 2 of 4 Wednesday, April 20, 2005 MATTERS ARISING FROM PREVIOUS MEETING 1. Memorandum from the Economic Development Officer Approval of a New Tagline for the Town of Aurora - Request for Referral Councillor Morris arrived at 7:42 a.m. Councillor Kean relinquished the Chair and Councillor Morris assumed the Chair. Moved by David Amborski Seconded by Lisa Cruickshank THAT the memorandum from the Economic Development Officer regarding the Approval of a New Tagline for the Town of Aurora - Request for Referral, be received for information. s 2. Memorandum from the Economic Development Officer Comments on the Provincial Draft Growth Plan for the Greater Golden Horseshoe (GGH) Moved by Councillor Kean Seconded by David Amborski 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. CARRIED NEW BUSINESS 4. TR05-018 - Community Survey Results (Referred to the Committee from March 29, 2005 Council) Moved by David Amborski Seconded by Richard Wizemann THAT Report TR05-018 - Community Survey Results be received for information. CARRIED -25- COUNCIL - MAY 10, 2005 Economic Development Advisory Committee Minutes No. 05-04 Page 3 of 4 Wednesday, April 20, 2005 5. Memorandum from the Economic Development Officer Attendance at the 3rd Annual Competitive Cities Conference in Toronto I1 3. Moved by Lisa Cruickshank Seconded by Sharon Culver THAT the memorandum from the Economic Development Officer regarding his attendance at the 3rd Annual Competitive Cities Conference in Toronto on June 21st 22"d and 23rd, be received for information. CARRIED Pending List Moved by Councillor Kean Seconded by Lisa Cruickshank THAT the pending list be deferred to the next meeting of the Economic Development Advisory Committee. ADM05-009 - A Review of Economic Development Advisory Committee Initiatives Moved by David Amborski Seconded by Lisa Cruickshank 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. CARRIED Moved by Gabriela Dragomir Seconded by Sharon Culver 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 recirculated to the members of the Committee; and -26- COUNCIL - MAY 10, 2005 Economic Development Advisory Committee Minutes No. 05-04 Page 4 of 4 Wednesday, April 20, 2005 THAT the Chief Administrative Officer be invited to be in attendance at the same meeting. W.'T: ZTW SUB-COMMITTEE/UPDATES Yonge Street Commercial Area Sub -Committee Councillor Morris advised the Committee that the Anti -litter Day will be held on Saturday, April 30, 2005 and one of the targets will be the downtown core. QUESTIONS BY MEMBERS ADJOURNMENT Moved by David Amborski THAT the meeting be adjourned at 9:00 a.m. -27- COUNCIL — MAY 10, 2005 TOWN OF AURORA COUNCIL REPORT I -AGENDA ITEM # No. BA05-005 SUBJECT: Variance to Sign By-law— Shoppers Drug Mart — 446 Hollandview Trail FROM: Leo J. Grellette, Director of Building Administration DATE: May 10, 2005 RECOMMENDATIONS 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: 9. That the images be restricted to those shown on Appendix A attached hereto 2. That there be no advertising, lettering, pricing or products display 3. That should the applicant wish to alter the images in any way that an application for variance be brought before Council 4. That the images be enclosed in glass frames and be restricted to the east wall BACKGROUND Council at the general committee meeting of May 3, 2005 approved in principle the request by Shoppers Drug Mart for additional signage in the form of lifestyle images. However council further requested that staff delineate or define parameters around the term lifestyle and that staff provide the overall percentage of signage when compared to the area of the wall. Staff in considering parameters of the term "lifestyle" determined that as this termis highly subjective and could mean very different things to various persons, depending on their particular lifestyle, it would bring mor certainty to the application to restrict the request by Shoppers Drug Mart to the particular images requested rather than to attempt to define the term "lifestyle". Staff also reviewed the drawing and calculated the overall wall area to be to be approximately 270 square metres. The applicants are requesting a variance that will result in total sign area of approximately 53 square metres. This will result in approximately 20% of the total wall area being encumbered with signage. IME COUNCIL — MAY 10, 2005 May 10, 2005 .2. Report No. BA05-005 In discussions with the applicant staff are suggesting that the signage be restricted to the images presented to the general committee as shown on Appendix A and that there be no writing, lettering, pricing or product display. Furthermore staff would recommend that should the applicant wish to alter or change the images from those shown on Appendix A that a variance be required. OPTIONS Council could deny the request. FINANCIAL IMPLICATIONS Nil CONCLUSIONS That council approve the request by Shoppers Drug Mart for a variance to permit only the images as depicted on Appendix A which are to be placed in glass frames on the east wall of the store to be located at 446 Hollandview Trail with no writing, lettering, product display, or pricing to be indicated thereon. In addition staff would recommend that should the applicant wish to alter or change the images that they be required to apply for an additional variance. LINK TO STRATEGIC PLAN Goal B to support a healthy business environment that attracts new business and is responsive to the needs of our existing business community. ATTACHMENTS Appendix A PRE -SUBMISSION REVIEW Chief Administrative Officer May 6, 2005 Prepared by. Leo Grellette, ext. 4748 Leo J. Grellette Director of Building Administration —29— COUNCIL — MAY 10, 2005 0 0 Lu 4Pi lw t�o/ �. Lu Lit Lu Lu J 0 r: 0 VU pQZp� 2� O FL� 00 N $am m V uN ¢>g 0 z � Hzz 0 ri -30- Appendix A COUNCIL — MAY 10, 2005 K W z W x v v —31— COUNCIL — MAY 10, 2005 z x V r Y —32— Z LU H v ,1� .YY CL CL V) (( -33- COUNCIL - MAY 10, 2005 [AGENDA ITEM # 5 ITEM FOR COUNCIL MEETING OF MAY 10, 2005 RESULTING FROM GENERAL COMMITTEE — MAY 3, 2005 (IN -CAMERA SESSION) Appointment to the Committee of Adjustment That Mr. Denis Van Decker be appointed to the Committee of Adjustment to fill the vacancy on the Committee. -34- COUNCIL - MAY 10, 2005 AG�N�A ITEIM # ta6 TOWN OF AURORA COUNCIL REPORT No. PW05-010 SUBJECT: Award of Tender No. PW-2005-07 -Reconstruction of Vandorf Sideroad from Industrial Parkway to Monkman Court/Archerhill Court FROM: W. H. Jackson, Director of Public Works DATE: May 10, 2005 RECOMMENDATIONS 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. BACKGROUND Council, at its meeting of March 29, 2005, approved the 2005 Final Operating and Capital Fund Budgets. As part of the Capital Budget, Council approved the funding for the Reconstruction of Vandorf Sideroad from Industrial Parkway to Monkman Court/Archerhill Court. In consideration of the above, the tender for this project was issued on April 8, 2005. COMMENTS 1.0 Project Description This project involves the complete reconstruction of Vandorf Sideroad from Industrial Parkway South to Monkman Court/Archerhill Court from its present 2-lane rural cross- section to a 2-lane urban roadway with curbs, storm sewers, streetlights, and sidewalks on both sides and a bikepath on the south side. To improve the geometry of this road, the road elevation will rise by up to 1.4 metres in the section through the valley. There are two streams within the project limits that have been identified as cold -water fisheries. Therefore, as part of the project the existing partially failed culvert in the valley west of Monkman Court will be replaced with a larger open -bottom structure and other -35- COUNCIL — MAY 10, 2005 May 10, 2005 - 2 - Report No. PW05-010 improvements will be made to improve fish habitat and fish passage through the culvert. The second stream, which currently runs along the ditch on the south side of the road in the valley, will be redirected to the north side of the road and a completely new stream will be created. This reconstruction project was initially identified in the Town's Development Charges By- law to be completed in 2001. Due to the size and environmental sensitivity of the project a full Schedule "C" Class Environmental Assessment (EA) was necessary, and this work commenced in 1998. As part of the EA an extensive public and review agency consultation program was undertaken, and the results of those consultations were incorporated into the EA document and then into the design for the project. The EA was completed and approved in 2000 and the design for the project was completed in 2001. The project was later shifted from 2001 to 2002, and then during deliberations forthe 2002 Capital Budget, Council deferred the project to 2005. As part of their approval for the project, the federal Department of Fisheries and Oceans requires that an environmental monitoring program be implemented. This monitoring program will be conducted both during the construction and for a period of 2 years after the construction is completed. 2.0 Closure of Vandorf Sideroad The installation of a new culvert structure at the point where the tributary of the East Holland River crosses Vandorf Sideroad and raising the centreline in this area will necessitate the closure of the valley section of Vandorf Sideroad between the easterly entrance to Van Robb Stamping, (200 metres east of Engelhard Drive), to Monkman Court/Archerhill Court. Until the contractor is onboard the detailed scheduling for the project will not be known. Staff's estimation, however, is that the closure will be for 3 to 4 months, likely starting sometime in June 2005. Once the dates for the closure are known staff will bring forward the necessary by-law for Council's adoption. 3.0 COMRIF Application for Funding for the Reconstruction of Vandorf Sideroad Council, at its meeting of December 7, 2004, considered Report PW2004-47 (Application for Funding forthe Reconstruction of VandorfSideroad between Industrial Parkway South and Bayview Avenue - Canada -Ontario Municipal Rural Infrastructure Fund Program) and resolved: `THAT staffbe requested to prepare and submit a application to the Canada -Ontario Municipal Rural Infrastructure Program for funding for the reconstruction of Vandorf Sideroad from Industrial Parkway South to Bayview Avenue; and —36— COUNCIL — MAY 10, 2005 May 10, 2005 .3. Report No. PW05-010 THAT the reconstruction of Vandorf Sideroad from Industrial Parkway South to Bayview Avenue be declared as the Town's highest priority project." Staff subsequently completed and submitted the funding application. The amount of funding sought was up to $1.634M, or two-thirds of the eligible costs of the project. By letter dated April 25, 2005 (attached as Appendix "D"), the Town was informed that Vandorf Sideroad project was not one of the "winners" of funding under the program. At this time, no details are available on the reasons that this project was not successful in being approved for funding under the COMRIF program. Staff will attempt to determine these reasons with the objective of resubmitting the application for consideration during future rounds of the COMRIF program, should the project qualify at that time. The reconstruction of this road was part of the Town's Capital Program before the COMRIF program was announced. Accordingly, although obtaining COMRIF funding would have reduced the Town's overall costs to construct the project, this outside funding would have been a "bonus" as the financing of the project was already part of the Town's Development Charges By-law and Capital Road Reconstruction Program. 4.0 Tender Process On April 22, 2005, the Tender Opening Committee opened 7 tenders for the reconstruction of Vandorf Sideroad. The tender prices were as follows: Miller Paving Limited $ 2,683,946.31 Trisan Construction $ 2,814,794.14 Corm Construction $ 2,820,870.85 Miwell Construction Ltd. $ 2,907,282.12 Grascan Construction $ 2,927,000.00 Elirpa Construction $ 3,169,031.57 Dagmar Construction $ 3,427,154.18 A total of 26 companies purchased the tender documents. The Tender was issued by the Town's Treasury Department and advertised according to the requirements of the Town's standard purchasing procedures. Project cost for the reconstruction of Vandorf Sideroad is estimated as follows based on the Miller Paving Limited bid: —37— COUNCIL — MAY 10, 2005 May 10, 2005 .4. Report No. PW05-010 Municipal Water/Sewer Storm Account DC Account Total Capital Account Account Tender Price $274,189.39 $28,801.89 $298,429.83 $2,013,438.82 $2,614,859.92 Contingencies $8,292.85 $871.11 $9,026.00 $60,896.42 $79,086.39 Utility Relocations $43,750.00 $131,250.00 $175,000.00 Geotechnical Inspection & Environmental Monitoring $1,000.00 $9,750.00 $29,250.00 $40,000.00 G.S.T. $9,816.97 $890.19 $9,516.17 $67,045.06 $87,268.39 Total $337,049.21 $30,563.19 $326,722.01 $67,045.06 $2,996,214.70 Budget Totals $374,000.00 $12,000.00 $268,000.00 $2,339,000.00 $2,993,000.00 Estimated Variances ($36,950.79) $18,563.19 58,722.01 ($37,119.70) $3,214.70 As can be seen in the table, the project is over budget by $3,214.70 It is noted that the analysis of the bids revealed that the Miller Paving Limited bid is still the lowest bid if the contingencies are not included in the calculations. OPTIONS Council may decide not to award the contract for this reconstruction project. However, the condition of the road is such that our Operations Division have advised that they can no longer maintain it in an acceptable fashion. Also, the environmental approvals, including the Class EA, related to the project would also become stale -dated should the project not proceed to construction in 2005. FINANCIAL IMPLICATIONS Funds have been allocated in the amount of $374,000 from the Municipal Capital Reserve, $12,000 from the Sewer/Water reserve, $268,000 from the Storm Sewer Reserve and $2,339,000 from the Development Charges Reserve, The Municipal Capital part of the tender is $36,950.79 under budget, the Sewer/Water portion is $18,563.19 over budget, the Storm Sewer portion is $58,722.01 over budget and the Development Charges portion is $37,119.70 under budget. Overall, the entire project is under budget by $3,214.70. Funds are available in the Sewer/Water and Storm Reserves to fund the variances in those parts of the project. C" COUNCIL — MAY 10, 2005 May 10, 2005 - 5 - Report No. PW05-010 CONCLUSIONS The background Environmental Assessment work and design for the reconstruction of Vandorf Sideroad from Industrial parkway South to Monkman Court/Archerhill Court was commenced in 1998, with the construction of the project originally scheduled for 2001. An extensive public and approval agency consultation program was undertaken during the preparation of the Class EA for the project. Although the application for funding for this project from the COMRIF program was not approved, the financing for this project was already part of the Town's DC By-law and Road Reconstruction program and the outside funding would have been a "bonus" for the project. It is not an essential part of the planned financing for the project. The total cost for this project is $3,214.70 under the budget estimate with required funding for variances in the Sewer/Water and Storm funding to come from their respective rate supported reserves. The tendered price from Miller Paving Limited is $130,847.83 lower than the second bid and is $280,350.71 lower than the average bid. Accordingly, it is believed the tendered price submitted by Miller Paving Limited is a very competitive price. Miller Paving Limited has successfully completed the reconstruction of Orchard Heights Boulevard, Kennedy Street West, and Ridge Road in the past. These contracts were completed in a timely manner. In consideration of the above, it is suggested that the Tender submitted by Miller Paving Limited be accepted. As part of this project, Vandorf Sideroad from a point east of Engelhard Drive to Monkman Court/Archerhill Court will have to be closed for a period of several months to allow for the construction of the new culvert structure and the raising of the road grade. Once the dates the contractor needs for the closure have been determined, staff will bring forward the necessary by-law for Council's adoption. LINK TO STRATEGIC PLAN Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality, including the reduction of operating costs by setting priorities and focusing on core services. ATTACHMENTS • Appendix "A" —Site Plan showing Location of Vandorf Sideroad reconstruction project • Appendix "B" — Form of Agreement — PW 2005-07 —39— COUNCIL - MAY 10, 2005 May 10, 2005 - 6 - Report No. PW05-010 Appendix "C" -Capital Budget Sheet for Vandorf Sideroad project Appendix "D" -April 25, 2005 letter regarding COMMF application PRE -SUBMISSION REVIEW Management Team Meeting - May 4, 2005 Prepared by. David Atkins, Manager of Engineering Services, Ext. 4382 lrZ W. kson Director of Public Works -40- COUNCI - MAY 10, 2005 APPENDIX "A" m otherine Ave. e Centre St, ci r; r s a N 0 o o WELLING N ST E. O N v V 0 a+ Mosley "St. ;of South ur �, _ uAlder u v c L c rove o Church y E u Mary Chapman LLJ S. Meta If St. `o m r CC Fa7 Harri n Av o r' Reu n St. a. ° a 0 Connau t Av. . o _ LLI Kenna y St. W. enne St. Kenn do t. E D`o So ,n.. tone Fd' Rons m St. Ransom Cl. Cousins Dr. ' Cousins Dr. E(P) Oyi A e Ro' as m c w Ro. I ° Rd. 300� r E °wi a > Dunnin U¢ Ave. NGt i p4o- LLI Q. o; Stone Rd. and W c (lj En elhard Dr. D Edward St. Lt_I yo Z o 0 m oa° Furbacher Ln.(P) t Q Alloura � Z 3 2011 \CDyy i VANDORF SIDEROAD T ?y Falconwood °a do nk any .ny Hollow �,.; ��� PROPOSED STREET TO BE RECONSTRUCTED APPENDIVA° FPUBUC ROPOSED STREET TO BE RECONSTRUCTED DEPARTMENT MAY 2005 —41— COUNCIL — MAY 10, 2005 APPENDIX "B" Tender P.W.-2005-07 PART 3 FORM OF AGREEMENT THE CORPORATION OF THE TOWN OF AURORA PUBLIC WORKS DEPARTMENT TENDER NO. P.W. 2005.07 THIS AGREEMENT made (in triplicate) this day of AD 2005 BETWEEN: The Corporation of the Town of Aurora hereinafter called the "OWNER" of the First Part and MILLER PAVING LIMITED hereinafter called the "CONTRACTOR" of the Second Part WHEREAS the Tender of the Contractor respecting the construction work, hereinafter referred to and described, as accepted by the Owner on the _ day of 2005. THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants hereinafter contained, the Parties hereto agree as follows: 1. The Contractor hereby covenants and agrees to provide and supply at the Contractor's own expense, all and every kind of labour, appliances, equipment, and materials for, and to undertake and complete in strict accordance with this Tender Document dated April8, 2005 prepared forthe Town of Aurora Public Works Department, all of which said Documents are annexed hereto and form part of this agreement to the same extent as if fully embodied herein at and for the price or sum of $ 2,863,948.31 (Parts A to G of the Form of Tender). 2. The Contractor further covenants and agrees to undertake and perform the said work in a proper work like manner underthe supervision and direction and to the complete satisfaction of the Owner within the period of time specified in the Form of Tender. 3. The Contractor further covenants and agrees that the Contractor will at all times, indemnify and save harmless the Owner, the Owners officers, servants, and agents from and against all loss or damage, and from and against all actions, suits, claims and demands whatsoever which may be made or brought against the Owner, the Owners officers, servants, and agents by reason or in consequence of the execution and performance or maintenance of the said work by the Contractor, the Contractor's servants, agents or employees. 4. The Contractor further covenants and agrees to furnish in accordance with the above specification, a Performance Bond in an amount equivalent to one hundred percent (100%) of the contract price approved by the Owner's Solicitor, guaranteeing the faithful performance of the said work, in accordance with the terms of this Agreement. —42— COUNCIL — MAY 10, 2005 Tender P.W.-2005-07 2 5. The Owner hereby covenants and agrees that if the said work shall be duly and properly executed and materials provided as aforesaid and if the Contractor shall carry out, perform and observe all of the requirements and conditions of this agreement, the Owner will pay the Contractor the contract price herein set forth in the Contractor's Tender, such payment or payments to be made in accordance with the provisions of the General Conditions of the Contract referred to above. 6. This agreement and everything herein contained shall ensure to the benefit of and be binding upon the Parties hereto, their successors and assigns, respectively. 7. All communications in writing between the parties or between them and the Engineer shall be deemed to have been received by the addressee if delivered to the Individual or to a member of the firm or to an officer of the Corporation for whom they are intended or if sent by post, telegram or facsimile addressed as follows: THE OWNER: THE CONTRACTOR: THE CORPORATION OF THE TOWN OF AURORA 1 Municipal Drive P.O. Box 1000 Aurora, Ontario L4G 6J1 FAX: 905-841-7119 MILLER PAVING LIMITED 505 Miller Ave. Markham, Ontario L3R 9R8 FAX: 905-475-4805 IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of their proper officers in that behalf respectively. CONTRACTOR OWNER Mayor, T. Jones Clerk, Bob Panizza, A.M.C.T. —43— APPENDIX "C" COUNCIL - MAY 10, 2005 TOWN OF AURORA Project ID : Project Name: Department : Service / Program Year of Initiation: Flexible: CAPITAL BUDGET - ANALYSIS BY PROJECT 31021 Reconstruction, Project # 3, 2005 Works Works 2005 Yes Program Roads -- Reconstruction of Vandrof Sideroad from Industrial Parkway South to Bayview Avenue. To provide for the reconstruction of the roadway, including the construction of storm sewers, sidewalks and bikeway, stream construction and rehabilitation, and illumination. This project was originally scheduled for 2D02, and was deferred by Council to 2005 during the 2002 budget deliberations as acost-saving measure. It is noted that a further deferral will result in the Class EA that was carried out in support of this project becoming "stale" and having to be completely redone in the future. It is also noted that the condition of much of this section of the road has deteriorated to a point where further maintenance activities cannot keep the road in adequate condition. The valley section west of Benville Crescent was repaved with a single layer of asphalt in 1997 as a temporary measure that was intended to last only until 2001 when the road was to be reconstructed. The reconstruction project was later moved to 2002, and then moved again to 2005. - e� •. � p . D DA .�1. s. EStllllated EXpW_�dltUteS, ! 5 w F^ ' Contracts 2!993 t100"' 2,993,000 ?otal: Estimated Experitlttures.,' z,993;000 2993 000' Estimated Financing Municipal Capital 4;,000Y 374 000 374000 3i,4bii .. - Develo-pmentCharges Storm Sewers Water & Sewer 12fOOOi 12 000 __. _ r Re enie Funtls ' ' t 2,619000 2;619 006 •; TbWt Estimated Financing r9 2 gn,DDo 2,9s3iD66 A., � FINAL CAPITAL BUDGET 2005-2009-44-MARCH 29, 2005 12 04/E6/0005 11:50 FAX 4169736505 COUNCIL - MAY 10, 2005 a'a Cana April 25, 2005 Scott Somerville Interim CAD Town of Aurora (905)727-1953 SEP COIP f�j001 APPENDIX "D" Q Ontario Re: COMRIF Project 11827- Reconstruction of Vandort Sideroad Dear Scott Somerville: Thank you for submitting your project(s) under Intake One of the Canada -Ontario Municipal Rural Infrastructure Fund (COMRIF). Following a detailed assessment of the project(s) you submitted, the COMRIF Management Committee wishes to inform you that the project(s) has (have) not been recommended for funding. There has been a great deal of interest in COMRIF Intake One. Ontario municipalities submitted 355 applications requesting federal and provincial assistance over $1.3 billion, for projects valued at over $2 billion. COMRIF is a competitive, merit -based process. Difficult decisions had to be made during the assessment process Canada-Cnfiuia munlclpal Rural Inhakruatua Nnd Le 25 awil 2005 e°0 Objet : Projet FIMRCO No 11827 - Reconstruction du chemin de traverse Vandorf el 4 Cher (Chere) Scott Somerville, IV GO Nous tenons a vous remercler d'avoir soumis un (des) projet(s) dans le cadre de la premiere periode de reception des demandes lancee par le Fonds Sur ('infrastructure municipale rurale Canada -Ontario (FIMRCO). A I'issue dune evaluation detaillee du (des) projet(s) qua vous avez soumis, le Comite de gestion du FIMRCO desire vous informer qua votre (vos) projet(s) n'a (n'ont) pas ete recommande(s) on vue d'un financement. La premiere periode de reception des demandes du FIMRCO a souleve,un vif interet. Les municipalites ontariennes ont soumis 355 demandes, sollicitant une aide federale at provinciale de plus de 1,3 milliard de dollars an vue de la realisation de projets d'une valeur globale de plus de 2 milliards. Le FIMRCO est un processus concurrentiel, fonde sur le merite. II a fallu prendre des decisions difficiles au 0 4astructurc -45- 04/26/2005 11:50FAX 4169736505 mp COIp � — CUUIT T-.- MAY 10, 2005 2 as the total amount applied for exceeded the funding allocated for this Intake. Intake One encouraged municipalities to submit projects that represented their highest priority_ Projects were assessed using three criteria: health and safety, value for money and public policy priorities. Only those projects that best met these criteria, including critical health and safety factors, were approved for funding. Projects that are not funded under Intake One can be resubmitted under Intake Two. Please note that Intake One applications will not be automatically considered for funding under Intake Two. The process for re- submitting Intake One projects will be announced at the launch of Intake Two. At this time, municipalities should review their infrastructure priorities against the Intake Two priorities and select a project to submit accordingly. Intake Two will be launched in the coming weeks and eligible municipalities will be informed of Ganada•OntadO Municipal Rural Inrrasttucture Fund RAJ 002 cours du processus devaluation puisque le montant total des demandes depassait largement le financement aflecte a la premiere periode de reception des demandes. Cette premiere periode de reception des demandes encourageait les municipalites a soumettre des projets qui representaient leurs plus hautement priorites. Levaluation des projets reposait sur trois criteres : la sante et la securite, ('optimisation des ressources et les priorites de la politique publique. Souls les projets se conformant le mieux A ces criteres, y compris ceux d'une importance critique en matiere de sante at de securite, ant ate approuves en vue d'un financement. Les projets non finances dans le cadre de la premiere periode de reception des demandes peuvent etre soumis a nouveau lors de la deuxieme periode. Veuillez noter que les demandes soumises iors de la premiere periode ne seront pas automatiquement consid®rees dans le cadre de la deuxieme. Le processus pour soumettre a nouveau les projets de la premiere periode sera annonce lors du lancement de la deuxieme periode. En ce moment, les municipalites devralent examinerleurs projets d'infrastructure priorkaires A la lumiere des priorites de la deuxieme periode de reception des demandes et choisir en consequence un projet a soumettre. La deuxieme periode de reception des demandes sera lancee au cours des prochaines semaines et les N -astrueture -46- 04/26/2005 11:51 FAX 4169736505 SEP COIP IM 003 application details at that time. For additional details, please contact the COMRIF Joint Secretariat at 1-866- 306-7827 or info comrif.ca, or visit www.comnf.ca. Sincerely, Marc Whittingham Federal Co -Chair/ copresident federal Management Committee/ Comite de gestion municipalites admissibles obtiendront des precisions sur la presentation d'une demands a ce moment -la. Pour obtenir de plus amples renseignements, veuillez•communiquer avec is Secretariat conjoint du FIMRCO au 1 866 306-7827, faire parvenir un courriel e infmDcomrif.ca ou consulter Is site www.comrif.ca. Nous vous prions d'accepter Irexpression de nos sentiments les meilleurs. Christine R. Dukelow Provincial Co -Chair/ copresidente provinciale Management Committee/ Comite de gestion cc. Maurizio Bevilacqua, MP/depute (Vaughan) Susan Kadis, MP/d6putee (Thornhill) Hon. Rick Bartolucci, MPP/depute (Vaughan -King -Aurora) Mario Racco, MPP/depute (Thornhill) canada ont]dt Municipal Aural Innamdum Fund Infrastructure —47— Member Communication To the immediate attention of the Clerk and Council Issue: " Association of Municipalities ttt of Ontario 393 University Avenue, Suite 1701 Toronto, ON M5G 1 E6 Tel: (416) 971 -9656 • fax: (416) 971-6191 email: amo@amo.on.ca April 26, 2005 —Alert 05/035 Canada and Ontario Announce Approval of COMRIF Funding for 120 Projects The Honourable Joe Comuzzi, the federal Minister responsible for COMRIF, and the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, announced COMRIF approvals yesterday at a ceremony in North Bay. Background: Intake One of the Canada Ontario Municipal Rural Infrastructure Fund (COMRIF) program was launched on November 15, 2004, and closed on January 10, 2005. Through Intake One, some 350 applications were received by the COMRIF Joint Secretariat. The announcement commits approximately $250 million in combined provincial and federal funding to projects totaling approximately $370 million. Projects include water and wastewater systems, solid waste management, and roads and bridges. Details of the announcement including a backgrounder listing all approved projects is available on the COMRIF website at www.comrif.ca The announcement also included a commitment to launch COMRIF Intake Two in the coming weeks. A third intake is expected in Spring 2006. Intake One accounts for approximately 40 per cent of total COMRIF funding. While AMO is working in partnership with Canada and Ontario on the development, promotion and monitoring of the COMRIF program, AMO did not play any role in the assessment of project applications or the selection of projects for approval. Action: AMO will keep members informed of the status on COMRIF Intake Two. AMO continues to advocate for additional funding to address the significant infrastructure deficit at the municipal level of government. This information is available in the Policy Issues section of the AMO website at www.amo.on.ca For more information, please contact: Brian Rosborough, AMO Senior Policy Advisor, at 416-971-985, ext. 318 Em COUNCIL — MAY 10, 2005 E-•, TOWN OF NEWMARKET m ,OWN oA Anita Moore, AMCT WAY 2 1005 Town Clerk 905-953-5300, ext. 237 amoore@newmarket.ca I Corporate Services b;�;� . N`CN'M ARKS April 27, 2005 Mr. Bob Panizza Director of Corporate Services Town of Aurora 1 Municipal Drive Aurora, ON L4G 6J1 Dear Mr. Panizza: RE: Resolution R5-2005 InfraGuide I am writing to advise that the Town of Newmarket Council at the regular meeting held on Monday, April 11, 2005 adopted the above referenced resolution with respect to the National Guide to Sustainable Municipal Infrastructure. I attach a copy for your review and action. The Council of the Town of Newmarket respectfully requests support for this resolution from your municipality. Yours sincerely, Liz Gibson Deputy Clerk LG:Im copy: Regional Municipality of York Town of Markham City of Vaughan Town of Georgina Township of King Town of Richmond Hill Town of Whitchurch-Stouffville Town of East Gwillimbury Newmarket, celebrating out heritage while capturing the promise of tomorrow" 395 Mulock Drive, P.O. Box 328, STN MAIN NEWMARKET, ON L3Y 4X7 Direct Dial: 905-953-5322 General Information: 905-895-5193 Fax: 905-953-5100 VISIT OUR WEBS ITF4tj_www.newmarket.ca COUNCIL - MAY 10, 2005 April 11, 2005 Moved by: Councillor Kerwin Seconded by: Councillor Emanuel 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 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; 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. Tom Taylor, Mayor -50- COUNCIL — MAY 10, 2005 1 1 1 1 Leisure Services Dept. Parks Division interoffice memo Date: May 4, 2005 To: Mayor and Members of Council From: Jim Tree, Parks Manager cc: Allan Downey Director of Leisure Services John Rogers, CAO Re: Tree Permit -340 Ridge Road Further to report LS05-022 that was tabled for discussion at the May 3, 2005 General Committee meeting I provide the following information and clarifications regarding the intent of the tree permit application and the quantity of trees involved. As outlined in the report the applicant was required to obtain a minor variance from the Committee of Adjustment based on the subject lands being situated on the Oak Ridges Moraine and the applicable legislation controlling development on the moraine. In addition to the above noted Oak Ridges Moraine related issues, the Committee of Adjustment imposed conditions requiring the owner of the subject lands to comply with the Town of Aurora Tree Permit By-law and to enter into a Tree Preservation Agreement with the Town. I have attached a copy of the draft Tree Preservation Agreement for your information. For Councils information, the owner of the subject property has submitted an application to obtain a permit to.remove trees and paid the applicable fees. Immediately following Councils approval of the tree permit the owner will be required to execute the permit application and staff will then issue the permit. By brief description, the subject lands are located at the extreme west end of Ridge Road, and are comprised of 1.6 hectares of completely forested lands currently zoned Rural General. The owner of the lands intends to remove a total of 120 trees in order to facilitate the development of residential dwelling, access driveway and septic tile field. —51— COUNCIL — MAY 10, 2005 Information provided by the owner's ecological consultant indicates that of the 120 trees identified for removal, 54 trees meet the size criteria (20 cm or above in diameter) to warrant protection under By-law 4474-03.D Staff have been on this site on several occasions and confirm that this information is accurate. In addition to the above, staff have also been in contact with Region of York staff to discuss this matter from a jurisdictional perspective as it relates to the Regional Tree Cutting By-law and our own Tree Permit By-law. Region staff has confirmed that the jurisdiction in this particular case lies with the Town of Aurora based on the nature of the building and development related applications involved. Jim Tree Manager of Parks —52— COUNCIL - MAY 10, 2005 vegetation Pmservatfon Agreement I THIS VEGETATION PRESERVATION AGREEMENT made this day of '2005. BETWEEN FRANK LUCIANI AND GWEN MARYJANE LUCIANI (hereinafter collectively called the "Owner") PARTY OF THE FIRST PART and - THE CORPORATION OF THE TOWN OF AURORA (hereinafter called the "Town") PARTY OF THE SECOND PART WHEREAS Frank Lucian! and Gwen Maryjane Lucian! are the owners of certain lands described as Part of Lot 73, Con. 1 as in R379061 and Block 19, Part of Lot A, Plan 132, designated as Part 3, Plan 65R-26381, Town of Aurora, Regional Municipality of York (formerly In the geographic Township of King), municipally known as 340 Ridge Road, Aurora, in respect of which Frank Luciani and Gwen Maryjane Lucian! on April 14, 2005 obtained conditional approval of Minor Variance Application D13-(17-18) 05 under the provisions of the Planning Act, R.S.O. 1990, c. P.13 for the construction of a residential structure; AND WHEREAS the Minor Variance granted on April 14, 2005, by the Town's Committee of Adjustment requires the Owner to enter into a vegetation preservation agreement; AND WHEREAS the Planning Act s. 45(9) provides that a Committee of Adjustment may grant approval subject to conditions the Committee considers appropriate; AND WHEREAS the Owner and the Town have agreed to set out and be bound by the terms and conditions contained in this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and premises contained and other good and valuable consideration, the parties hereto covenant and agree with each other as follows: SECTION 1 DESCRIPTION OF LAND 1.1 The lands affected bythis Agreement are described as Part of Lot 73, Con. 1 as in R379061 and Block 19, Part of Lot A, Plan 132, designated as Part 3, Plan 65R-26381 Town of Aurora, Regional Municipality of York (formerly in the geographic Township of King), municipally known as 340 Ridge Road, Aurora, and the Owner warrants that they are the registered owners in fee simple as described in the recltals. SECTION 2 DEFINITIONS 2.1 In this Agreement, the following terms shall have the following meanings: "Agreement" means this agreement, and all the schedules referred to herein; "Director" means the Director of the Department of Leisure Services for the Town or his/her designate; "Lands" means any or all of the real property more particularly described in Section 1.1 herein; "Owner" means the registered owners of the Lands, and their successors in- -53- COUNCIL - MAY 10, 2005 Vegetatlon Preservation Agreement 2 title, assigns or mortgagees in possession; "Securities" means all cash, letters of credit or other securities pledged bythe Owner to the Town pursuant to Section 4 of this Agreement; ' "Site Works" means any construction and/or work on the Lands associated with clearing or grubbing, grading, and/or excavation as required to facilitate construction of the dwelling unit, property access, driveway and parking areas, septic the field, drilling of wells, landscaping and lawn area or other amenity areas such as pools, decks and sheds; "Town" means The Corporation of the Town of Aurora; "Tree Preservation Plan" means Figure 1, and Arbodsts report dated Apol 6, prepared by Dan Gregory MSc., attached hereto as Schedule "A'; and "Vegetation" means the Tree Preservation Plan and any and all plant life, trees and shrubs indicated on the Tree Preservation Plan and shall include vegetation groupings and individual stems smaller than 100 mm dbh, under storey and ground cover vegetation, which may not be individually identified on the Tree Preservation Plan, but which is found on Lands and which comprises the total vegetation on the Lands. 2.2 Words or definitions importing the singular include the plural thereof and conversely any words importing gender include the masculine, feminine, and neuter. 2.3 The division of this Agreement into sections and the insertion of headings exist only for convenience of reference and are not intended to affect the construction or interpretation of this Agreement. SECTION 3 PRESERVATION OF VEGETATION 3.1 Requirements for Preservation of Vegetation a) The Owner shall provide vegetation preservation measures in accordance with the terms and conditions set out in. this Agreement. b) The Owner, on behalf of themselves, their employees, contractors, subcontractors and licensees shall not disturb any vegetation to be preserved pursuantto this Agreement except in accordance with the terms and conditions hereof. c) Priorto commencement of any grading or oDnstructon acUvftyon the Lands, the Owner shall install, or cause to be installed protective fencing as indicated on the Tree Preservation Plan and shall ensurethat no vegetation is removed from the Lands without the prior written approval by the Director. d) The Owner shall retain a professional arbodst or registered professional forester to perform or cause to be preformed, the vegetation preservation requirements as set out herein and in accordance with the Tree Preservation Plan, and to provide supervision and monitoring of vegetation preservation works preformed. The Owner further agrees that any tree removals and/or arboricultural work required by this Agreement shall be performed by, or under the supervision of a certified arborist or registered professional forester. 3.2 Preservation Methodology a) The Owner shall notify the Director at the time of installation of the fencing and shall approve fence locations prior to any tree removal. b) Vegetation protection measures shall be implemented by the Owner in accordance with the following specifications: -54- COUNCIL - MAY 10, 2005 Vegetation Preservatlon Agreement 3 all vegetation designated to be preserved shall be fully protected with protection fencing orsimilarapproved structure erected beyond the drip - line of the trees orvegetation groupings, and areas within the protective fencing shall remain undisturbed and shall not be used forthe storage of building material, vehicles or equipment; no rigging cables shall be wrapped around or installed in or on trees; surplus soil, equipment, debris orother materials harmful to root systems shall not be placed over the root systems of vegetation within the protective fencing area; and no contaminants shall be dumped orflushed where feeder roots of vegetation exist; iii) where limbs or portions of trees are required to be removed to accommodate construction work, they shall be cleanly cut utilizing the collar cut method; iv) where root systems of trees are exposed directly adjacent to or are damaged by construction work, they shall be trimmed neatly and the area shall be back -filled with an appropriate material, or sprayed with an approved anti-dessicant to prevent drying, and where necessary, the tree(s) shall be given an over all pruning to restore the balance between roots and top -growth or to restore the appearance of the tree(s); and v) precautions such as dry welling, root feeding, or any other approved method shall be undertaken in the event that grades are disturbed around preserved trees. c) Trees to be removed with proposed building envelopes and driveways shall be removed by the Owner in a manner which causes the least amount of disturbance to adjacent vegetation to be preserved. All trees designated for removal shall have the stumps completely excavated and removed from the Lands. d) Vegetation protection fencing shall remain in place and shall be maintained in good condition bythe Owner forthe duration of the construction activities on the Lands. Relocation of protection fencing prior to building permit issuance shall require the approval and re -Inspection by the Director. e) Priorto commencement of any grading orconstnuction activity on the Lands, the Owner shall submit to the Town a monitoring report, in accordance with Paragraph 3.3 hereof. The Tree Preservation Plan shall indicate the extent of construction on the Lands and the impact of construction on the vegetation within the selective preservation zone, and shall clearly indicate, at a minimum, the following: extent of all proposed buildings, driveways, retaining walls, decks, pools or landscape structures; proposed grades, grading limit where proposed grading matches existing grades, and existing grades at the base of the vegetation being preserved; iii) individual trees (or groupings of trees less than 100mm dbh) to be removed and trees to be preserved within the selective preservation zone; iv) new location of protective fencing as required to permit proposed construction; and v) replacement planting If proposed construction activity impacts any vegetation beyond the selective preservation zone. -55- COUNCIL - MAY 10, 2005 Vegeratlon Preservaton Agreement 4 Priorto final occupancy of any buildings and/ordwellings, the Ownershall submit an updated monitoring report in accordance with Paragraph 3.3 hereof. g) Removal by the Owner of any protection fencing will be permitted only upon completion of the following: successful stabilization on the Lands with sod, seed, or suitable groundcover, certification of the preservation works by the Owners landscape architect; and iii) approval by the Director for the removal of any protection fencing. 3.3 Vegetation Preservation Monitoring a) The Owners landscape architect, in cooperation with the retained arbodst or forester, shall monitorany and all vegetation preservation measures described herein and shall prepare a report, to the satisfaction of the Director, respecting all vegetation preservation measures and the health of the preserved vegetation on the Lands. The monitoring report shall be submitted initially in support of the Tree Preservation Plan, and shall be updated and resubmitted prior to the Town's release of Securities. The monitoring report shall contain, at a minimum, the following information: i) progress of any works on the Lands and the status of all vegetation preservation measures employed; ii) a description ofanyvegetationremovals orpreservation measures which are required and are not in accordance with the Tree Preservation Plan and/or other vegetation preservation requirements; III) ageneml assessment ofthe health of the vegetation on the Lands to be preserved; iv) recommendations for the removal of anyvegetation that is or becomes during the term of this, Agreement, diseased, decayed, dead, or poses a hazard either to the continued health of the remaining vegetation to this proposed use of the Lands; v) recommendations for vegetation maintenance including, pruning, fertilization, aeration, mulching and any other measures deemed necessary to provided forthe continued health of any and all preserved vegetation; and v(I) recommendations for replacement plantings if construction activity impacts any vegetation beyond the selective preservation zone setout in the Tree Preservation Plan and the provisions herein. b) The Owner agrees that the Town, by its employees or agents, may at anytime enter on any part of the Lands to ensure strict and proper compliance with the terms and conditions of this Agreement. 3.4 Remediation Measures a) The Owner shall carry out all vegetation preservation measures as indicated herein, including those described on the Tree Preservation Plan, to the satisfaction of the Director. b) The Owner agrees that vegetation which is designated to be preserved and which Is damaged or dies as a result of construction activity shall be compensated for by its replacement of planting measures. Replacement planting for Individual trees and under storeytree groupings/ shrubs and ground -56- COUNCIL - MAY 10, 2005 Vegeta4an Pmservatlon Agreement 5 cover shall be based on similar species replacement of equal spread, height or diameter at breast height (dbh) up to 1500 mm diameter stock Trees larger than 1500 mm dbh shall be evaluated monetarily in accordance with the standards set out by the International Society of Arboriculture. Alternatively, replacement planting may be specked as mass plantings of native forest edge - specie tree whips and shrubs located to mitigate increased sunlight levels and exposure of the forest edge created by development. All replacement planting shall be to the satisfaction of the Director. SECTION 4 SECURITIES 4.1 The Owner hereby agrees to provide the Town with Securities in the amount of $6,000.00 in a form satisfactory to the Town, to guarantee compliance with vegetation preservation requirements as set out in this Agreement. 4.2 In the event that the Ownerfails to perform the vegetation preservation requirements in accordance with the Agreement, the Owner shall be in default hereunderand the Town shall notify the Owner in writing of such default and the steps and actions required to be taken by the Owner to remedy the same. If the notice of default is not complied with and has not been remedied within ten (10) calendar days from the date of the giving notice, the Town shall, in its sole discretion, draw upon and utilize the Securities to complete the vegetation preservation obligations in accordance with this Agreement. Use of the Securities by the Town shall not relieve the Owner of any obligations it has pursuant to this Agreement. 4.3 Prior to the end of the term of this Agreement, Securities may be reduced in respect of individual lots on the Land, provided the conditions of this Agreement have been addressed to the satisfaction of the Director. The balance of Securities remaining shall be held fora maintenance guarantee period of two (2) years. Final release of Securities will signify the end of the term of this Agreement. All reductions and final release of Securities shall be based upon the recommendation of the Director. 4.4 The Securities may be provided by irrevocable letters of credit Issued by a financial Institution, provided the form of the letters of credit and the financial Institutions are satisfactory to the Town. 4,5 If this Agreement is assigned to dfferent owner(s), the Town may require that the amount of the Securities to be provided by any new owner(s) be increased. 4.6 During the currency of this Agreement, Securities held will not accrue interest and no interest shall be payable thereon to the Owner. SECTION 5 GENERAL CONDITIONS 5.1 Registration of Agreement The Owner acknowledges and agrees that this Agreement shall run with and bind the Lands and subsequent owners thereof. The Owner further acknowledges and agrees as follows: a) this Agreement shall be registered on title to the Lands in the appropriate Land Registry Office; b) the Owner agrees to obtain and register a discharge or a consent and postponement of any encumbrance on the Lands to this Agreement, with the intent that any such prior encumbrancer will postpone its rights or interests which it may have in the Lands so that this Agreement shall take effect as though executed and registered prior to the creation of such right or interest of such party by the execution and registration of any mortgage or other encumbrance creating or defining such rights or interests. Any consent and postponement by a mortgagee of the Lands shall be in form and substance satisfactory to the Town and shall be provided prior to the execution of this Agreement by the Town; and -57- COUNCIL — MAY 10, 2005 Vegetation Preservatlon Agreement a c) the Owner shall provide every purchaser of the Lands with actual notice of the existence of this Agreement Including the terms hereof and to include an acknowledgement of such notice in any Offer to Purchase or other similar document dealing with the Lands. 5.2 Release of Agreement a) Upon the Owner's written request to the Clerk for the Town, this Agreement may be released from the title to the Lands upon the approval of the completion of the Site Works, and successful stabilization of the Lands with sod, seed, or suitable groundcover to the satisfaction of the Director. 5.3 Registration Fees The Owner shall be solely responsible for and shall pay any and all costs associatedwith this Agreement including anyand all costs incurred bythe Town as a result of the registration and/or release of any other documents pertaining to this Agreement. 5.4 Additional Fees The Owner agrees to submit to the Town, prior to execution of this Agreement, the Town's legal fee in the total amount of Three Hundred and Seventy -Five Dollars ($375.00) for the preparation and registration of this Agreement, which includes Goods and Services Tax. 5.5 Notice All notices or other documents required or which may be given pursuant to this agreement shall be in writing, duly signed by the party giving such notice and transmitted by registered or certified mail, as follows: Town: Town of Aurora 100 John West Way, P.O. Box 1000, Aurora, Ontario, L4G 6J1, Attention: Town Clerk Fax No.(905)-726-4732 Owner: Frank and Gwen Lucian! 52 Nisbet Drive Aurora, Ontario, L4G 2K5 Tel. No. 5.6 Inspections by Town Staff The Town, by its employees and agents, may enter on any part of the Lands and any building(s) erected therein at any time during the currency of this Agreement to ensure proper compliance with any of the terms of this Agreement. 5.7 Remedies It is expressly understood and agreed that the remedies of the Town pursuant to this Agreement are cumulative, not alternative, and the exercise by the Town of any right or remedy for the default or breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of, or alter, affect, or prejudice any other remedy or other rights or remedies to which the Town may be lawfully entitled for the same default or breach. Any waiver by the Town of the strict observance, performance, or compliance bythe Ownerof any term, covenant, condition, or agreement herein contained or any indulgence granted by the Town to the Owner shall not be deemed to be a waiver of any subsequent default or breach by the Owner nor entitle the Owner COUNCIL - MAY 10, 2005 VegeWbn Preservagon Agreement r to any similar indulgence heretofore granted. 5.8 Binding on Successors It is hereby agreed by the parties herein that this Agreement shall be enforceable by and against the parties herein, their heirs, executors, administrators, successors, and assigns, and that the Agreement and all the covenants by the Owner herein contained shall run with the Lands for the benefit of the Town. The Owner shall not sell, assign ortransferthe Lands or any part thereof orthe whole or any part of their Interest therein prior to the complete fulfilment of all of the obligations hereunder, unless the Owner obtains from such purchaser, assignee or transferee, an agreement in writing to be bound by the terms of this Agreement in the place and stead of the Owner. 5.9 Compliance with Town By-laws The Owner agrees to comply, and, to cause their contractors and subcontractors to comply with all Town By-laws noW or hereinafter in force with respect to the Lands and with respect to any and all actions taken in connection with the subject matter of this Agreement. 5.10 Indemnity The Owner acknowledges and agrees that the Owner shall defend, save harmless and fully indemnify the Town from and against all manner of actions, suits, claims, executions and demands which may be brought against or made upon the Town from and against all losses, costs, charges, damages, and expenses which may be sustained, incurred or paid bythe Town arising in any way by reason of any work performed and/or approvals to be obtained by the Owner pursuant to this Agreement, including any materials Installed and/or any work done by the Town in default of the obligations of the Owner. IN WITNESS WHEREOF the Parties herein have hereunto affixed their corporate seals, duly attested by the hands of the proper signing officers in that behalf, and the Parties and witnesses hereunto set their hand and seal. Witness: Name: Frank Luciani Address: Witness: Name: Gwen Maryjane Luciani Address: THE CORPORATION OF THE TOWN OF AURORA Tim Jones, Mayor Bob Panizza, Town Clerk -59- COUNCIL - MAY 10, 2005 Vegetatlen Preservation Agreement 8 SCHEDULE "A" Tree Preservation Plan COUNCIL — MAY 10, 2005 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4667-05.F BEING A BY-LAW to Authorize the Issuance of Debentures for the Construction of New Recreation Complex. WHEREAS the Council of The Corporation of the Town of Aurora approved on April27, 2004 the construction of the New Recreation Complex on the north side of Wellington Street south of Leslie Street; AND WHEREAS it is necessary for The Corporation of the Town of Aurora to partially finance the cost of this construction through the issuance of debentures; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Council of The Corporation of the Town of Aurora authorizes the issuance of debentures for the construction of the New Recreation Complex; 2. THAT the Regional Municipality of York be requested to issue debentures up to an amount not to exceed $12,670,000 on behalf of The Corporation of the Town of Aurora repayable over a period not to exceed ten (10) years; 3. THAT the Regional Municipality of York be requested to issue debentures up to an amount not to exceed $4,245,000 on behalf of The Corporation of the Town of Aurora repayable over a period not to exceed twenty (20) years; 4. THAT in the event any part or provision, including any part or provisions of a Schedule(s), is declared by a court of competent jurisdiction to be void, illegal or invalid, the offending part or provision shall be considered as separate, severable and struck out from the remaining parts or provisions of this by-law which parts or provisions shall remain valid, binding and of full force and effect. READ A FIRST AND SECOND TIME THIS 10'h DAY OF MAY, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 10`" DAY OF MAY, 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK B-1 COUNCIL — MAY 10, 2005 Sam Accardi in Trust The Corporation of the Town of Aurora By-law Number 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-D14-10-03) WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended provides that the Council of a local Municipality may pass a Zoning By-law; AND WHEREAS the Council of the Corporation of the Town of Aurora enacted by-law 2213-78 being the Zoning By-law, as amended; AND WHEREAS the Council of the Corporation of the Town of Aurora deems it advisable to further amend By-law 2213-78, as amended; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT the zoning category applying to the lands shown in hatching on Schedule "A" attached hereto and forming part of this By-law, is hereby amended from "Special Mixed Density Residential (R5) Zone" to "Row Dwelling Residential (R6- 51) Exception Zone". 2. THAT Section 15 is hereby amended by adding the following as Section 15.55 "Row Dwelling Residential (R6-51) Exception Zone". Section 15.55 ROW DWELLING RESIDENTIAL (R6.51) EXCEPTION ZONE (4670-05.D) 15.55.1 Uses Permitted row housing private home day care 15.55.2 Zone Requirements 15.55.2.1 Lot Specifications Lot Area per dwelling unit (minimum) 250.0 square metres Lot Frontage per dwelling unit (minimum) 5.1 metres B-2 COUNCIL - MAY 10, 2005 15.55.2.2 Siting Specifications Front Yard -Main Building (minimum) -Garage (minimum) Rear Yard -Main Building (minimum) Interior Side Yard (minimum) By-law Number 4670-05.D Page 2 of 3 10.0 metres 8.0 metres 22 metres 1.2 metres 15.55.2.2.1 Notwithstanding the above, the minimum required setback from the common lot line between attached units shall be nil for the main building and garage. 15.55.2.2.2 Notwithstanding the provisions of Section 6.2.6. 1), central air conditions and heat pumps shall be permitted in the rear yard, subject to a minimum setback of 1.2 metres from the interior side lot lines and 22.0 metres from the rear lot line. 15.56.2.2.3 Notwithstanding the provisions of Section 6.48.1, open -sided one and two storey roofed porches and balconies, with or without foundation, may project 2.8 metres into the required front yard, provided that no part of the steps or porch, including eaves, is located closer than 7.2 metres to the lot line. In addition, no part of any deck shall project into or over any easement. 15,55.2.2.4 Notwithstanding the provisions of Section 6.48.1 where a deck or balcony is located closer than 1.2 metres to a common lot line between units, and abuts a brick or masonry dividing wall, a privacy screen with a minimum height of 1.5 metres shall not be required along the full extent of the deck or balcony abutting that lot line. 15.55.2.3 Building Specifications Floor Area (minimum) per unit 135 sq. metres Lot Coverage (maximum) 35 percent Height (maximum) 11.0 metres 16.55.2.4 Parking Notwithstanding the definition contained within Section 3.98 and the provisions of Section 6.26.1.2, a minimum of three (3) parking spaces shall be provided, of which a minimum of one (1) parking space shall be provided with a private garage per unit, and a minimum of two (2) parking spaces shall be provided, in tandem on the driveway, including that portion of the driveway that extends beyond the lot. The required parking set aside for and visually identified as visitor's parking shall be nil. 15.55.2.5 Private Outdoor Living Area In accordance with Section 15.3 . 15.55.2.6 General In accordance with Section 15.4 with the exception that no more that three (3) units of row housing shall be attached in a continuous row. B - 3 COUNCIL - MAY 10, 2005 By-law Number 4670-05.D Page 3 of 3 3. THAT no part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By-law will take effect from the day of passing thereof. READ A FIRST AND SECOND TIME THIS 10TH DAY OF MAY, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 10'H DAY OF MAY, 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK a COUNCIL - MAY 10, 2005 TOWN OF AURORA THE REGIONAL MUNICIPALITY OF YORK LOCATION: 18 Centre Street Part of Lot 122 Registered Plan 246 THIS IS SCHEDULE "A" TO BY-LAW NO.4670-05.D PASSED THIS DAY OF , 2005. B. PANIZZA, CLERK T. JONES, MAYOR >t?r LANDS SUBJECT TO REZONING FROM R5" TO 1'16-51 SCHEDULE "A" TO BY-LAW NO.4670.05.D B - 5 COUNCIL - MAY 10, 2005 Explanatory Note Re: Zoning By-law No. 4670-05.D By-law Number 4670-05.D has the following purpose and effect: To amend By-law 2213-78, as amended, the Zoning By-law in effect in the Town of Aurora, to rezone the subject lands from "Special Mixed Density Residential (115) Zone" to "Row Dwelling Residential (R6-51) Exception Zone". The rezoning will permit the use of the lands for three row house dwelling units. JL COUNCIL - MAY 10, 2005 J.A. Developments Inc. THE CORPORATION OF THE TOWN OF AURORA . By-law Number 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 No. D12- PLC-03-02) WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) provides that the Council of a local Municipality may by by-law provide that the part lot control provisions as provided in subsection 50(5) of the said Act do not apply to the land that is within a registered plan of subdivision; AND WHEREAS the Council of the Corporation of the Town of Aurora considers it desirable to enact a by-law pursuant to the said Act exempting the lands hereinafter described from the said part lot control provisions; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT Subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) shall not apply to the following lands, all situated in the Town of Aurora, Regional Municipality of York: Lot 33 Registered Plan 65M-3222 Designated as Parts 1 through 6 inclusuve On Reference Plan 65R-27629; and Block 38 Registered Plan 65M-3222 Designated Parts 7 and 8 On Reference Plan 65R-27629 2. THAT this By-law shall take effect upon the approval of the Council of the Town of Aurora, and the registration of the By-law in the proper land registry office. No part of this By-law will come into force until the provisions of the Planning Act have been complied with, but subject to such provisions the By-law will take effect from the day of passing thereof. 3. THAT this By-law shall lapse after a period of two years from the day of passing. READ A FIRST AND SECOND TIME THIS 10TH DAY OF MAY, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF MAY, 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK COUNCIL - MAY 10, 2005 THE CORPORATION OF THE TOWN OF AURORA By-law Number 4672-05.0 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) WHEREAS the Planning Act, R.S.O. 1990, c. P.13, as amended, authorizes the Municipal Council to appoint a Committee of Adjustment; AND WHEREAS the Municipal Council of The Corporation of the Town of Aurora enacted By-law 4500-04.C, as amended, appointing members to the Committee of Adjustment to hold office until November 30, 2006, or until such time as a successor is appointed; AND WHEREAS the Municipal Council of The Corporation of the Town of Aurora deems it necessary and expedient to further amend By-law 4500-04.0 and enact a by-law to remove Michael Seaman and appoint a new member to the Committee of Adjustment; NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: THAT By-law4500-04.0 be amended to remove Michael Seaman as a member of the Committee of Adjustment and appoint Denis Van Decker as a member of the Committee of Adjustment. READ A FIRST AND SECOND TIME THIS 10TH DAY OF MAY, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF MAY 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK COUNCIL - MAY 10, 2005 THE CORPORATION OF THE TOWN OFAURORA By-law Number 4673-05.0 BEING A BY-LAW to Confirm Actions by Council Resulting From The Meeting of May 10, 2005. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the action of the Council at its meeting held on May 10, 2005 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 10`n DAY OF MAY, 2005. READ A THIRD TIME AND FINALLY PASSED THIS 10tb DAY OF MAY, 2005. T. JONES, MAYOR B. PANIZZA, TOWN CLERK ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, May 10, 2005 ➢ 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 Re: Item 4 — BA05-005 — Variance to Sign By-law — Shoppers Drug Mart — 446 Hollandview Trail Chris Stoyanovich Director Planning & Development 243 Consumers Road North York, Ontario M2J 4W8 Tel: 416-490-2711 Fax: 416-490-2547 Email: cstoyanovichCa?shoppersdrugmart.ca Mayor & Members of Council Town of Aurora 100 John West Way Aurora, Ontario L4G 6J1 SHOPPERS DRUG MART Dear Mayor & Members of Council Re: Shoppers Drug Mart Store — 446 Hollandview Trail May 9, 2005 On behalf of Shopper's Drug Mart, I would like to express my appreciation to the Town of Aurora Council and staff for their consideration of our request to vary the Town's sign bylaw to allow the four proposed lifestyle images to be displayed as part of the Bayview Avenue elevation forming part of the above new store. We have reviewed Mr. Grellette's report to Council No. BA 05-005 and agree with his comments and conclusions that to try to define what constitutes lifestyle is an onerous task and that it's meaning could be highly subjective. Instead, Shoppers Drug Mart agrees that the specific images in question should be allowed with the specific restriction that requires an application to Council should Shoppers Drug Mart ever wish to change the images. In addition, we agree that there be "no advertising, lettering, pricing or products display" as part of the images in question. Council will note that in my deputation to the Members of General Committee on May 3, 2005, that I indicated it is not Shoppers Drug Mart's intention to ever use these images for product or corporate promotions. They are only intended to be a form of message that promotes healthy living. Therefore Shoppers Drug Mart respectfully requests that Council approve our request for variance with the conditions (restrictions) addressed in Mr. Greilette's report. Yours truly, Chris Stoyanovich Director of Planning & Development Shoppers Drug Mart cc. Leo Grellette, Director of Building Administration Pride Signs