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MINUTES - Council - 19980211 TOWN OF AURORA COUNCIL MEETING NO. 05-98 Council Chambers Aurora Town Hall Wednesday, February 11, 1998 8:00 p.m. M I N U T E S ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works, Fire Chief, Treasurer, and Council/Committee Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #62. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the content of the Agenda be approved as outlined herein with the addition of requests for delegations from EMC Group Limited, Bayview Wellington North Inc., Southdown, Fairmont Property Corporation, Brutto Consulting, and Malone Given Parsons Ltd., and correspondence from Bousfield, Dale-Harris, Cutler & Smith Inc. regarding Report PL98-014-039 – Objections to Proposed Official Plan Amendments #17 and 20. CARRIED #63. Moved by Councillor West Seconded by Councillor McKenzie THAT the delegates be permitted a 6 minute time limit in making their presentations. DEFEATED ADOPTION OF MINUTES Council Meeting No. 01-98, January 14, 1998 Special Council – Public Planning Meeting No. 02-98, January 28, 1998 Council Meeting No. 03-98, January 28, 1998 #64. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT the Minutes of Meeting Numbers 01-98, 02-98 and 03-98 be adopted as printed and circulated. CARRIED Aurora Council Minutes No. 05-98 Page 2 Wednesday, February 11, 1998 DELEGATIONS EMC Group Limited re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. David Drake spoke on behalf of Minoo’s 100 Investment Inc. who is the owner of approximately 100 acres on the west side of Leslie Street north of Wellington Street East. Mr. Drake indicated that in his opinion, Official Plan Amendment No. 17 is not far reaching enough in its scope in terms of servicing. Mr. Drake asked that the urban boundary be extended to include the lands in the north east area, and that his client be allowed to participate in the Secondary Plan for the 2b area. #65. Moved by Councillor Morris Seconded by Councillor West THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED Bayview Wellington North Inc. re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. Celeste Iacobelli and Mr. Roger Beaman spoke on behalf of their client Bayveiw Wellington North Inc. regarding Council’s decision not to redesignate lands west of Bayview Avenue and north of the current Bayview Wellington development from the present industrial to residential. Mr. Iacobelli indicated that the industrial designation is not compatible and conducive with their present residential development to the south of the lands. Mr. Beaman advised that unless the Town changes its position on redesignating the Bayview Wellington lands, his client had issued instructions to appeal the various applications that it had previously to the Ontario Municipal Board. However, he stated that their client remains open to dialogue in this regard. #66. Moved by Councillor Healy Seconded by Councillor Morris THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED Southdown re: re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. Michael Wren spoke on behalf of Southdown, a member of the Northeast Aurora Land Owners Group. Council was advised that Southdown has land holdings of 100 acres located on St. John’s Sideroad. He indicated that they are in support of the first recommendation contained in Staff Report PL98-014-039, and further asked that they be given an opportunity to participate in the 2b Area Secondary Plan process. #67. Moved by Councillor West Seconded by Councillor Mckenzie THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED Aurora Council Minutes No. 05-98 Page 3 Wednesday, February 11, 1998 Fairmont Property Corporation re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. John Emery spoke on behalf of Quaker’s Lundy Farms Ltd. and the McLeod’s who own land on the north and south side of St. John’s Sideroad. He suggested that a comprehensive plan for the entire north east area incorporating the 2b Area Secondary Plan should be conducted. Mr. Emery indicated that the landowners expressed their willingness to work with the Town in this regard. #68. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED Brutto Consulting re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. Claudio Brutto spoke on behalf of the Northeast Aurora Landowners Group. He expressed his clients’ collective support for the first recommendation contained in Staff Report PL98-014- 039, and encouraged Council and Staff to work with the Region of York to produce a better Regional Official Plan. Mr. Brutto advised that he appreciated the invitation to work with Staff and Council on the 2b Area Secondary Plan. Mr. Brutto then spoke on behalf of his client for the Burnett property regarding Official Plan Amendment No. 17. He advised that he would continue to participate in the 2b Area Secondary Plan on his client’s behalf. #69. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED Malone Given Parsons Ltd. re: PL98-014-039 - Objections to Proposed Official Plan Amendments # 17 and 20 Mr. Donald Given, a representative of Magna advised that his client supported the recommendations contained in Staff Report PL98-014-039. He expressed concerns regarding the potential Ontario Municipal Board hearing as a result of the objections by Bayview Wellington in respect of OPA #17 and OPA #20, and offered their assistance to work with Staff to resolve these issues. Mr. Given indicated that his client would like to proceed with the 2b Area Secondary Planning process as recommended by staff. #70. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be referred for consideration with Report PL98- 014-039. CARRIED #71. Moved by Councillor West Seconded by Councillor Hogg THAT Report PL98-014-039 and the comments of the delegations be brought forward for consideration after Section “A” – Consent Items of the Agenda. CARRIED Aurora Council Minutes No. 05-98 Page 4 Wednesday, February 11, 1998 SECTION "A" – CONSENT ITEMS CORRESPONDENCE AND PETITIONS Correspondence from the Director of Corporate Services re: 1997 Municipal Elections, Notice of Default Filing of Financial Statement, Auditor’s Report, or Payment of Surplus THAT the correspondence be received as information. York Region, Finance and Administration Committee re: Clause No. 3, Report No. 1 – “Tax Ratio Setting Responsibility” THAT the correspondence be received as information. York Region re: Parking on Regional Roads, Night Time and Snow Removal Operations THAT the Region of York be advised that the Town of Aurora has no objection to the amendments to the Regional Parking By-law which would prohibit parking on Regional roads between 2:00 a.m. and 6:00 a.m. between November 1st and April 15th that would create an offence related to parking which interferes with snow removal or the establishing of a fine for these offences at $50.00. Bell Canada re: Expansion of Toll-Free Local Calling to Richmond Hill and Thornhill THAT the correspondence be received as information. The Princess Margaret Hospital Foundation re: Spring 1998 Home Lottery, February 25, 1998 THAT permission be granted for lottery tickets to be sold at the specified location in the Town of Aurora. The Salvation Army, Newmarket Corps re: Letter of Appreciation for Participation in the Christmas Campaign in Aurora THAT the correspondence be received as information. The York Region Children’s Chorus Parents Association re: Request for Financial Support for the Choir THAT the correspondence be referred to the Director of Leisure Services for consideration with 1998 grant requests. Newmarket and District Association for Community Living Re: Request for Proclamation – “Community Living Week”, February 16 to 21, 1998 THAT February 16 to 21, 1998 be proclaimed “Community Living Week” in the Town of Aurora. Ada Johnson, Resident re: Appreciation for Road Reconstruction Service Aurora Council Minutes No. 05-98 Page 5 Wednesday, February 11, 1998 THAT the correspondence be received as information. STAFF REPORTS CO98-006-032 - Release of Option to Purchase Part of Lot 103, Registered Plan 246, Torcan Chemical Ltd. THAT the Mayor and Clerk be authorized to execute the necessary documents to release the Option to Purchase respecting Part Lot 103, Plan 246. CO98-009-033 - Partial Release of Easement Part of Lot 80, Registered Plan 65M-3012 (467 Stone Road) THAT Council authorize the Mayor and Clerk to execute a partial release of easement to reduce the existing storm sewer easement over Part of Lot 80, Registered Plan 65M-3012. CO98-011-034 - Dedication of Lands as Public Highway forming part of McDonald Drive THAT Bill 3913-98.T to dedicate lands as public highway forming part of McDonald Drive be provided first and second reading with third reading to be held pending receipt of the water and sewer connection fees identified by Public Works. FI98-005-035 - Fire Communications Agreement Town of Newmarket THAT Council authorize the Mayor and Clerk to sign the renewal of the Fire Communications Agreement with the Town of Newmarket, at a cost of $1.35 per capita for the calendar year 1998. PL98-013-036 - Site Plan Application and Removal of the (H) Holding Prefix Arista Homes (Aurora) Inc. Block 96 and 104, Registered Plan 65M-3073 Mugford Road D11-01-97, D11-02-97, D14-18-96, D14-20-96 THAT Council authorize the Mayor and Clerk to enter into two Site Plan Agreements with Arista Homes (Aurora) Inc. and the Town of Aurora for the construction of a 16 unit rowhouse development on Block 96, and an 18 unit rowhouse development on Block 104, Registered Plan 65M-3073; and THAT subject to the approval of the above noted Site Plan Agreements, Council give third reading at this meeting to Bill 3818-97.D and Bill 3838-97.D to remove the Holding (H) prefix from the subject lands. #72. Moved by Councillor Healy Seconded by Councillor McKenzie THAT the suggested resolutions respecting the matters listed as "Consent Items" be adopted as submitted to Council and Staff be authorized to take all necessary action required to give effect to same. CARRIED STAFF REPORTS PL98-014-039 – Objections to Proposed Official Plan Amendments Aurora Council Minutes No. 05-98 Page 6 Wednesday, February 11, 1998 #17 and 20 and Delegations of EMC Group Limited, Bayview Wellington North Inc., Southdown, Fairmont Property Corporation, Brutto Consulting Malone Given Parsons Ltd., and Correspondence from Bousfield, Dale-Harris, Cutler & Smith Inc. #73. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT the Region of York be advised that the Town of Aurora has no objection to the Commissioner of Planning initiating a study of the Regional Official Plan with respect to the amount of land that will be required for Urban purposes within the 2021 planning horizon of the Regional Official Plan, or to the 2026 planning horizon given the recent release of the 1996 census data and the upcoming 5 year review of the Regional Official Plan. CARRIED THAT the Region of York be advised that the Town of Aurora will continue to be responsible for detailed planning within the Town, through Secondary Plans undertaken and prepared within the context of OPA # 17. CARRIED THAT Staff be instructed to continue the current Secondary Planning for the 2b area based on a 20 year, 2016 planning horizon in accordance with the direction set out in OPA # 17 and reinforced through an extensive public consultation process. CARRIED THAT the intent as set out in OPA # 17, to review the need to extend the urban boundary in 2001 be affirmed, and further that such review, when it is carried out, be the subject of extensive public consultation in the same manner as the original Growth Management Study. CARRIED THAT Staff be instructed to retain legal counsel to provide support in the event that OPA’s 17 and 20 are appealed to the Ontario Municipal Board. CARRIED At 9:40 p.m. Council recessed and at 9:43 p.m. the Mayor reconvened the Meeting. SECTION "B" – MATTERS FOR CONSIDERATION Aurora Council Minutes No. 05-98 Page 7 Wednesday, February 11, 1998 CORRESPONDENCE AND PETITIONS Memorandum from Mayor Jones re: AMO Special Meeting Resolutions #74. Moved by Councillor Griffith Seconded by Councillor Hartwell THAT the Council of the Town of Aurora endorse the resolutions from AMO. CARRIED THAT Mr. Frank Klees, M.P.P. be invited to a Council Meeting to discuss the concerns of Council regarding the financial information on the transferred services released by the Province of Ontario to municipalities on December 12, 1997. CARRIED District Municipality of Muskoka re: Request for Support of Resolution – AMO Negotiations with the Province #75. Moved by Councillor West Seconded by Councillor Griffith THAT the correspondence be received as information. CARRIED Town of Pickering re: Resolution – Downloading from the Province #76. Moved by Councillor Griffith Seconded by Councillor Healy THAT the correspondence be received as information. CARRIED Minister of Community and Social Services re: Government’s Reform of Ontario’s Welfare System #77. Moved by Councillor West Seconded by Councillor Morris THAT the correspondence be received as information. CARRIED Memorandum from Mayor Jones re: Council/Management Team Off-Site Meeting, March 6, 7 and 8, 1998 #78. Moved by Councillor Griffith Seconded by Councillor Hartwell THAT the agenda for the Council/Management Team Off-Site Meeting be endorsed. CARRIED Tree Canada Foundation re: Defer of Payment of Town of Aurora Financial Award as a 1998 Green Streets Canada Community until after April 1, 1999 #79. Moved by Councillor Morris Seconded by Councillor Hinder Aurora Council Minutes No. 05-98 Page 8 Wednesday, February 11, 1998 THAT the Town of Aurora endorse the request of Tree Canada Foundation to defer the payment of Aurora Financial Award as a 1998 Green Streets Canada Community until after April 1, 1999. CARRIED Minister of Citizenship, Culture and Recreation re: Request to Participate in Volunteer Recognition Programs - “The Ontario Medal for Yonge Volunteers”, “The Outstanding Achievement Award for Voluntarism in Ontario”, and “The Ontario Volunteer Service Awards” #80. Moved by Councillor West Seconded by Councillor Hartwell THAT the correspondence be referred to the Director of Leisure Services. CARRIED Township of Hagarty and Richards re: Request for Support of Resolution – Deposit and Refund System for Recyclable Containers #81. Moved by Councillor Healy Seconded by Councillor Hogg THAT the correspondence be received as information. CARRIED Town of Richmond Hill re: Challenge to Municipalities - Ice Storm #82. Moved by Councillor Hogg Seconded by Councillor Hinder THAT the correspondence be received as information. CARRIED Township of Elizabethtown re: Request for Donations to the “Elizabethtown Disaster Relief Fund” #83. Moved by Councillor Hogg Seconded by Councillor Hinder THAT the correspondence be received as information. CARRIED Resident re: Suggestions for Making the Bus Stop at at the Go Station Safer #84. Moved by Councillor Morris Seconded by Councillor Hogg THAT the correspondence be referred to the Director of Public Works; and THAT Aurora Transit drivers be instructed to maintain the advertised schedule by waiting at designated bus stops. CARRIED Aurora Council Minutes No. 05-98 Page 9 Wednesday, February 11, 1998 COMMITTEE REPORTS General Committee Meeting No. 02-98, February 5, 1998 #85. Moved by Councillor Morris Seconded by Councillor McKenzie THAT the Report of the General Committee Meeting No. 02-98 be received and the recommendations carried by the Committee be adopted with the exception of Recommendation Nos. 11 and 13. CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 02-98, THURSDAY, FEBRUARY 5, 1998 - RECOMMENDATION NO. 13 York Region, Health and Social Services Committee re: Clause No. 4, Report No. 1 - Proposed Regional Smoke-Free By-law, and Anthony Blue re: Figures regarding Smoking Epidemic and Proposed York Regional Smoking By-law #86. Moved by Councillor Morris Seconded by Councillor McKenzie THAT a Smoking By-law Review Ad Hoc Committee be established in the Town of Aurora; THAT Councillors West, Hartwell and Morris be appointed to the Smoking By-law Review Ad Hoc Committee; and THAT an advertisement be placed in the local newspaper inviting interested parties to present their views to the Smoking By-law Review Ad Hoc Committee prior to the Town taking a position on this matter. CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 02-98, THURSDAY, FEBRUARY 5, 1998 - RECOMMENDATION NO. 11 PW98-009-029 re: Paid Duty Radar Enforcement #87. Moved by Councillor Morris Seconded by Councillor McKenzie THAT Report PW98-009-029 regarding the implementation of Paid Duty radar enforcement of vehicular traffic be received for information; and THAT Staff be directed to proceed in advance of 1998 budget deliberations with the same level of Paid Duty radar enforcement service that took place in the last quarter of 1997. CARRIED STAFF REPORTS CL98-004-037 - Division and Transfer of Land to Adjoining Homeowners, Block A, Plan M-1582 Aurora Council Minutes No. 05-98 Page 10 Wednesday, February 11, 1998 #88. Moved by Councillor West Seconded by Councillor Healy THAT the Clerk be authorized to introduce a Bill to convey the subject lands; and THAT the Mayor and Clerk be authorized to execute the documents necessary to transfer the lands to the adjoining property owners. CARRIED CL98-010-038 - Execution of Community Placement Agency Agreement Regional Municipality of York - Ontario Works Program #89. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT the Mayor and Clerk be authorized to execute a Community Placement Agency Agreement dated the 11th day of February 1998 between the Regional Municipality of York and the Corporation of the Town of Aurora outlining the parameters for the Town’s participation in the Ontario Works Program. CARRIED CONSENT ITEMS REQUIRING SEPARATE DISCUSSION York Region, Transportation and Works Committee re: Pedestrian Crossings, Regional Roads #90. Moved by Councillor West Seconded by Councillor Morris THAT the correspondence be received as information. CARRIED Ontario Water Works Association re: Request for Proclamation - “Drinking Water Awareness Week”, May 3-10, 1998 #91. Moved by Councillor Hogg Seconded by Councillor Morris THAT May 3 to 10, 1998 be proclaimed “Drinking Water Awareness Week” in the Town of Aurora. CARRIED BY-LAWS #92. Moved by Councillor Hartwell Seconded by Councillor Hinder THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3912-98.D Being a By-law to amend By-law No. 2213-78 (Global Whey Products Inc.) . 3913-98.T Being a By-law to dedicate certain lands as public highways on Reference Plan 65R-19941 forming part of McDonald Drive. 3915-98.T Being a By-law to dedicate certain Aurora Council Minutes No. 05-98 Page 11 Wednesday, February 11, 1998 lands as public highways on Reference Plan 65M-2976 forming part of Stone Road. AND THAT the same be taken as read a First Time. CARRIED #93. Moved by Councillor Hinder Seconded by Councillor Hartwell THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3912-98.D Being a By-law to amend By-law No. 2213-78 (Global Whey Products Inc.). 3913-98.T Being a By-law to dedicate certain lands as public highways on Reference Plan 65R-19941 Forming part of McDonald Drive. 3915-98.T Being a By-law to dedicate certain lands as public highways on Reference Plan 65M-2976 forming part of Stone Road. AND THAT the same be taken as read a Second Time. CARRIED #94. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3818-97.D Being a By-law to amend By-law No. 2213-78 (Arista Homes). 3838-97.D Being a By-law to amend By-law No. 2213-78 (Arista Homes). 3907-98.C Being a By-law to appoint members to the Local Architectural Conservation Advisory Committee. 3908-98.C Being a By-law to appoint members to the Committee of Adjustment. 3909-98.C Being a By-law to appoint members to the Aurora Public Library Board. ERRATUM 3910-98.C Being a By-law to appoint members to the Property Standards Committee. AND THAT the same be taken as read a Third Time. Aurora Council Minutes No. 05-98 Page 12 Wednesday, February 11, 1998 CARRIED NOTICE OF MOTION Councillor Hinder gave Notice of Motion for the February 25, 1998 Council Meeting regarding a request to the Acting Chief of Police for the creation of a Town of Aurora Community/Police Services Liaison Committee. QUESTIONS BY MEMBERS Councillor Griffith - Enquired whether Staff could look at making the hill used for tobogganing at the rear of the Aurora Family Leisure Complex safer for children. Councillor Hartwell - On behalf of Council, congratulated Mayor Jones on his upcoming marriage. NEW BUSINESS Informal Discussions re: Club Link Proposed Development Aurora Golf and Country Club The Direction of Planning advised that a development application by Club Link is pending and indicated that the applicant would be making a presentation at the General Committee Meeting on February 19, 1998 at 7:00 p.m. Region of York re: Reconstruction of St. John’s Sideroad Mayor Jones advised that the Region of York would be making a presentation regarding the reconstruction of St. John’s Sideroad at the February 25, 1998 Council Meeting. IN CAMERA Labour Relations Matter #95. Moved by Councillor McKenzie Seconded by Councillor Morris THAT this Council proceed In Camera in order to address a labour relations matter. CARRIED ADJOURNMENT #96. Moved by Councillor McKenzie THAT the meeting be adjourned at 10:45 p.m. CARRIED ___________________________ _____________________________________ T. JONES, MAYOR L. ALLISON, MUNICIPAL CLERK