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MINUTES - Council - 19990922 TOWN OF AURORA COUNCIL MEETING NO. 26-99 Council Chambers Aurora Town Hall Wednesday, September 22, 1999 7:30 p.m. ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Hartwell, Healy, Hinder, Hogg, McKenzie, Morris, and West. Councillor Griffith was absent. STAFF MEMBERS Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Planning, Director of Building Administration, Director of Public Works, Fire Chief, Treasurer, Solicitor and Council/Committee Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #612. Moved by Councillor McKenzie Seconded by Councillor Healy THAT the content of the Agenda be approved as outlined herein with the following additions: • Correspondence from Roger Beaman re: Proposed Official Plan Amendment and Zoning By-law Amendment for Bayview Wellington North. • Revised By-law No. 4082-99.T. • Memorandum from Councillor West, Chair of OHF re: OHF Committee Meeting of September 21, 1999. • Memorandum from Councillor Morris, Chair of the Millennium Committee re: Proposed Millennium Gardens Legacy Project. • Report PW99-061-282 re: Complaint About Speeding and Reckless Driving on Brookland Avenue and Fairway Drive. CARRIED M I N U T E S Aurora Council Minutes No. 26-99 Page 2 Wednesday, September 22, 1999 PRESENTATIONS Dean Teasdale, Aurora Rotary Club re: Presentation of New Rescue Alive Board The Fire Chief informed Council that Aurora was the first community in York Region to begin a defibrillation service through the Fire Emergency Department. He advised that in 1998 as a result of an incident the department discovered that there was a need for additional equipment and a need to improve their ability to provide rescue service in water and ice situations. The Aurora Rotary Club was approached to help fund the purchase of a Rescue Alive Board, an equipment that would enhance the ability to perform such rescue services. The Club agreed to assist in the project. Mr. Teasdale on behalf of the Aurora Rotary Club presented a cheque in the amount of $5700 to Chief Hunwicks and Mayor Jones towards the purchase of the Rescue Alive Board. Mayor Jones on behalf of Council thanked the Rotary Club for their generous donation and for their continued support in health and safety need in Aurora. Bob Brown & Eric Wong of Deloitte & Touche re: Assessment of Strategic Business Options in Response to the Energy Competition Act for the Town of Aurora Mr. Bob Brown & Mr. Eric Wong of Deloitte & Touche provided an overview of the assessment of strategic business options in response to the Energy Competition Act for the Town of Aurora. Mr. Brown highlighted some of the requirements under the Electricity Act for the Town to incorporate an electricity distribution business by November 7, 2000 and some of the steps, which must be taken prior to incorporation. Mr. Brown advised that while some municipalities are exploring a sale of their utility, Deloitte & Touche have recommended that the Town retain its hydro operation in anticipation of increased value in the future and a continuous stream of revenue which would flow to the Town in the form of dividends. #613. Moved by Councillor Healy Seconded by Councillor West THAT the comments of the delegate be referred for consideration with the Electric Industry Deregulation Committee Report. CARRIED DELEGATIONS David Tomlinson and Suzanne Reiner, Members of A.C.O.R.N. re: Proposal for a Community Wildlife Sanctuary in the Aurora East Wetlands Ms. Suzanne Reiner, a member of A.C.O.R.N. (Aurora Citizens’ Organization Respecting Nature) indicated that she supported Mr. Tomlinson’s concept to ensure that wetland areas are protected from future development. She stated that it is a concept, which could be applied to other areas of rich wildlife habitat that are being threatened by development. His proposal for a Community Wildlife Sanctuary in the Aurora East Wetlands clearly defined the boundaries of the most important lands, which would ensure the long term viability of the important wildlife area. Mr. David Tomlinson, a Landscape Architect spoke regarding a proposal for the creation of a Community Wildlife Park on the lands between Bayview Avenue and Leslie Street north of Wellington Street East. He presented several slides depicting the wetland area, which has several distinct habitat types that support a wide variety of plants and wildlife. He stated that the area is now under consideration for future urban expansion and that it is most important to ensure that all these important habitats are adequately and permanently protected from development during the earliest possible planning stage. His proposal is that these habitats should be permanently protected by dedicating the area as a Community Wildlife Park. Aurora Council Minutes No. 26-99 Page 3 Wednesday, September 22, 1999 #614. Moved by Councillor Healy Seconded by Councillor West THAT the comments of the delegate be referred for consideration with Report PL99-089-266 scheduled for the September 23, 1999 Public Planning Meeting. CARRIED Mara Simone, Member of A.C.O.R.N. re: Proposal for a Community Wildlife Sanctuary in the Aurora East Wetlands Suzanne Reiner advised Council that Mara Simone was not in attendance at the meeting and asked that her delegation be withdrawn. #615. Moved by Councillor Healy Seconded by Councillor Hogg THAT the comment of the delegate be received. CARRIED B. Kestein, P.A.R.K.S. re: Millennium and Project in the McKenzie Marsh Mr. B. Kestein representing P.A.R.K.S. indicated his support for Mr. Tomlinson’s proposal for a Wildlife Sanctuary. He presented a petition containing over 2000 signatures with the intent to preserve the pond located within the McKenzie Marsh. Mr. Kestin stated that a proposal for the Marsh area would be forthcoming in the Millennium and that it would be a venue that everyone would enjoy. He indicated that he look forward to the continued support of Council and Aurora residents in this regard. #616. Moved by Councillor Morris Seconded by Councillor Hartwell THAT the comments of the delegate be referred for consideration with the Millennium Committee Report. CARRIED Klaus Wehrenberg, Member of A.C.O.R.N. re: Strategic Plan Mr. Klaus Wehrenberg on behalf of A.C.O.R.N. spoke regarding a submission to Council in February 1999 requesting that the natural environment be given status separate from the built heritage components in the Strategic Plan. He expressed concern that their submission has not been respected in the current draft Strategic Plan and with the lack of dialogue in incorporating their input in the Plan. He requested dialogue with staff to explore a more suitable wording of the draft Plan before it is approved. #617. Moved by Councillor West Seconded by Councillor Healy THAT the comments of the delegate be received. CARRIED Brian MacEachern, Resident re: Anne Bartley Smith, "High-Tor"Lands Mr. Brian MacEachern on behalf of concerned citizens of southwest Aurora expressed concern with the lack of a professional environmental representative on the OHF Committee and questioned the selection process regarding an environmentalist who applied to sit on the Committee Aurora Council Minutes No. 26-99 Page 4 Wednesday, September 22, 1999 #618. Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the comments of the delegate be received as information CARRIED Sheila McKenzie, Resident re: Anne Bartley Smith, "High-Tor"Lands Ms. Sheila McKenzie spoke on behalf of concerned citizens of southwest Aurora regarding the Ontario Heritage Foundation's intent to sell a portion of the HighTor Lands for development purposes. Ms. McKenzie provided a brief account of Mrs. Anne Bartley Smith's charitable donations amounting to over 15 Million dollars, a significant portion of which was donated to Organizations within Aurora and throughout the Region of York. Ms. McKenzie expressed the opinion that the land known as HighTor, donated by Anne Bartley Smith to the OHF, was not intended to be developed into anything other than parkland. She provided five points to support her opinion that the land should be preserved as parkland. #619. Moved by Councillor West Seconded by Councillor Hogg THAT the comments of the delegate be received as information CARRIED Darren Poncelet, Resident re: Anne Bartley Smith, "High-Tor"Lands Mr. Brian Moir spoke on behalf of Darren Poncelet regarding the Legal Opinions obtained by the Ontario Heritage Foundation interpreting the intent of Mrs. Anne Bartley Smith's W ill regarding the gift of the lands known as HighTor to the OHF. Mr. Moir suggested that Mrs. Smith expected the intent of her Will to be clearly understood. Mr. Moir informed Council that it is their intention to present an independent public proposal suggesting a solution to this issue for all involved parties, and hope that matter could be resolved. #620. Moved by Councillor Hogg Seconded by Councillor McKenzie THAT the comments of the delegate be received as information CARRIED Walter Mestrinaro, Resident re: Anne Bartley Smith, "High-Tor"Lands Mr. Walter Mestrinaro, citizen member of the Ontario Heritage Foundation/ HighTor Committee indicated that the issue of Anne Bartley Smith's gift of HighTor to the OHF is a matter of moral and legal issues. He requested clarification on the responsibilities and proposed action of the Committee regarding this matter. #621. Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the comments of the delegate be received as information CARRIED Larry White re: Proposed Parking Restrictions on Milloy Place and Hawtin Lane Mr. Larry White presented photographs of the emergency vehicles that were shown by the Fire Chief at the General Committee Meeting, and advised that that situation was not on Milloy Street. He requested Council to leave the Milloy Place as it is with no changes in parking. Mr. White also requested that the suggestion for parking be allowed alternately on each side of the road on a monthly basis be reconsidered. #622. Moved by Councillor Healy Seconded by Councillor Morris Aurora Council Minutes No. 26-99 Page 5 Wednesday, September 22, 1999 THAT the comments of the delegate be referred for consideration with Report PW99-048-251 of the General Committee Report. CARRIED Gary Templeton of Templeton-Lepek Ltd. re: Proposed Zoning By-law Amendment, Old Park Holdings Limited Mr. Gary Templeton Planning Consultant for Old Park Holdings Limited indicated his support of the recommendation in Report PL99-095-277 and the accompanying By-law and requested Council’s approval of the recommendation. #623. Moved by Councillor Hartwell Seconded by Councillor Hinder THAT the comments of the delegate be referred for consideration with Report PL99-095-277 CARRIED Roger Beaman on Behalf of Bayview Wellington Management re: PL99-075-242 - Proposed Official Plan Amendment and Zoning By-law Amendment, Bayview Wellington and Correspondence from Roger Beaman Mr. Roger Beaman, solicitor of Bayview Wellington Management advised Council of his correspondence tabled at this meeting and hope that it address the issues raised at the September 16, 1999 General Committee Meeting regarding density and parking. Mr. Beaman provided ten points to support the project and asked that Council approve the recommendations in the Staff Report. #624. Moved by Councillor West Seconded by Councillor Hartwell THAT the comments of the delegate be referred for consideration with Report PL99-075-242 of the General Committee Report. CARRIED Susan Walmer, resident re: Matter of Growth in Aurora Ms. Susan Walmer addressed Council about her concern for the future growth of development in Town of Aurora and the financial impact it will have on the Town. She requested clarification on the status of the Town’s position on growth and the related motions. #625. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be referred for consideration with the memorandum from the Chief Administrative Officer. CARRIED ADOPTION OF MINUTES Council Meeting No. 22-99, Wednesday, August 25, 1999 Special Council – Public Planning Meeting No. 23-99, Thursday, August 26, 1999 Special Council Meeting No. 24-99, Thursday, August 26, 1999 Council Meeting No. 25-99, Wednesday, September 8, 1999 #626. Moved by Councillor McKenzie Seconded by Councillor Healy THAT the Minutes of Meeting Numbers 22-99, 23-99, 24-99 and 25-99 be adopted as printed and circulated with the amendment of Resolution No. Aurora Council Minutes No. 26-99 Page 6 Wednesday, September 22, 1999 607 of the September 8, 1999 Council Meeting to provide that the resolution was “Carried”. CARRIED CORRESPONDENCE AND PETITIONS Town of Markham re: Request for Proclamation - “World Mental Health Day in Canada”, October 7, 1999 WHEREAS mental health contributes to economic success; supports family harmony; protects jobs; and fulfills the potential of people to live productive lives. AND WHEREAS at the same time, the high costs of mental disorders are everywhere – in the cost of health care, social services, family, elder and child care, law enforcement and even the cost of doing business. AND WHEREAS the public interest is well-served by public education initiatives which arm our community with the knowledge to preserve the mental health of our population as a vital community asset and, in that light, Now Therefore the Council of the Town of Aurora is pleased to recognize World Mental Day in Canada, October 7, 1999. Aurora Community Tennis Club re: Request for Reconsideration of Contract with the Town of Aurora THAT the correspondence be received and referred to the Leisure Services Advisory Committee. Memorandum from Mayor Jones re: Off-Site Meeting - November 6, 1999 THAT the memorandum be received as information. STAFF REPORTS BA99-012-268 - Variance to Sign By-law #3400-92 32 Wellington Street West, Rollick Beverage Company Ltd. THAT Council approve the request for a variance to the sign by-law to permit the relocation and replacement of an existing non-conforming ground sign located at 32 Wellington Street West; and THAT the new sign be restricted to a total area of 60 square feet being 30 square feet per sign face as per the existing sign. CO99-047- 269 - Calendar of Meetings for 2000 SECTION “A” – CONSENT ITEMS Aurora Council Minutes No. 26-99 Page 7 Wednesday, September 22, 1999 THAT the proposed calendar of Council and Committee meetings for the year 2000 be adopted; and THAT Section 2.1 of the procedural by-law 3737-96.C be amended to reflect a 7:30 p.m. start for the Inaugural Meeting of Council. LS99-030-270 - Facility Advertising - Motion Lites Unit THAT the Town of Aurora enter into an Agreement with Canadian Outdoor Graphx Corporation, Richmond Hill, Ontario for a three (3) year period effective October 1, 1999 for the supply, installation and servicing of Motion Lites Advertising Units in Town designated facilities. PL99-091-271 - Zoning By-law Amendment Application Yorkwood Homes Wellington Inc. Block 16, Plan 65M-3039 (Amberhill Way), D14-17-99 THAT Council receive as information the following overview of Zoning By- law Amendment application D14-17-99 regarding the rezoning of Block 16, Plan 65M-3039, on Amberhill Way scheduled for the October 28, 1999 Public Planning meeting. PL99-092-272 - Official Plan Amendment Application Northwest Aurora Secondary Plan Area 3A Ballymore Development Corporation and Other Land Owners Part of Lot 86, Concession 1 WYS, D09-06-99 THAT Council receive as information the following overview of Official Plan Amendment application D09-06-99 regarding Part of Lot 86, Concession 1, WYS scheduled for the October 28, 1999 Public Planning meeting. PL99-096-273 - Official Plan Amendment & Zoning By-law Amendment Applications, Penex Aurora Ltd. (The Morguard Company) Aurora Centre, Bayview Avenue/Hollidge Boulevard Blocks 2 and 3, Registered Plan 65M-3074, D09-10-99, D14-18-99 THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-10-99 and D14-18-99, scheduled for the October 28, 1999 Public Planning Meeting. PW99-055-274 - Award of Contract for Consulting Services - Implementation of an Infrastructure Management System THAT the contract for the provision of consulting services for the creation of an infrastructure management system be awarded to the firm Earth Tech (Canada) Limited at a cost not to exceed $68,975.00. #627. 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 Aurora Council Minutes No. 26-99 Page 8 Wednesday, September 22, 1999 CORRESPONDENCE AND PETITIONS York Region District School Board re: Resolution – Lack of Licensed Child Care Spaces in York Region #628. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT the correspondence be received as information. CARRIED Town of Newmarket re: Transit Services to the Town of Aurora #629. Moved by Councillor Hogg Seconded by Councillor Morris THAT the correspondence be received and referred to staff. CARRIED Town of Newmarket re: Resolution - Municipal Access to Road-Related Taxes #630. Moved by Councillor West Seconded by Councillor Morris THAT the Council of the Town of Aurora endorse the resolution of the Town of Newmarket; and THAT the Prime Minister of Canada, Premier of Ontario, Minister of Finance, Minister of Transportation and Al Paladini, M.P.P. be advised in this regard. CARRIED Elizabeth Van Dyk re: Request for Crossing Guard at Aurora Heights Drive & Tecumseh Drive #631. Moved by Councillor West Seconded by Councillor Hinder THAT the correspondence be received and referred to staff. CARRIED COMMITTEE REPORTS General Committee Report No. 10-99 Thursday, September 16, 1999 #632. Moved by Councillor West Seconded by Councillor McKenzie THAT the Report of the General Committee Meeting No. 10-99 be received and the recommendations carried by the Committee be adopted with the exception of Recommendation Nos. 2, 10, 15, 16 and 21. SECTION “B” – MATTERS FOR CONSIDERATION Aurora Council Minutes No. 26-99 Page 9 Wednesday, September 22, 1999 CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 10-99 THURSDAY, SEPTEMBER 16, 1999 - RECOMMENDATION NO. 2 George Timpson, Chair, Traffic Safety Advisory Board re: TSAB Traffic Study #633. Moved by Councillor West Seconded by Councillor McKenzie THAT the designations and acceptance of the collector roads as described in the Traffic Safety Advisory Board Report be included in the next Official Plan opportunity; THAT staff be authorized to implement the use of the radar board in accordance to a policy to be developed similar to the pay duty radar policy; and THAT the road watch program be referred to staff for an implementation plan which would include investigating various fund raising options. CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 10-99 THURSDAY, SEPTEMBER 16, 1999 - RECOMMENDATION NO. 10 Memorandum from Councillor Hartwell re: Proposed Parking Revisions along Yonge Street #634. Moved by Councillor Hartwell Seconded by Councillor Morris THAT the continuation of the current No Parking restriction on both the east and west sides of Yonge Street from a point 30m south of Wellington, north to Wellington be deferred to the next General Committee Meeting. CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 10-99 THURSDAY, SEPTEMBER 16, 1999 - RECOMMENDATION NO. 15 PW99-048-251 – Proposed Parking Restrictions on Milloy Place and Hawtin Lane; and Delegations of Stephen Denison, Steve White and Larry White #635. Moved by Councillor West Seconded by Councillor McKenzie THAT parking be prohibited at anytime: 1. on the east side of Milloy Place from Stone Road to a point 143 metres south therefrom; 2. on the west side of Milloy Place from a point 148 metres south of Stone Road to a point 179 metres further south therefrom, and 3. on the west side of Hawtin Lane from Stone Road to the terminus. THAT parking be prohibited in front of Block 9; and THAT Staff be directed to bring back a Parking Policy for review and to integrate the proposed changes in the standards. CARRIED #636. Moved by Councillor Hartwell Seconded by Councillor Morris Aurora Council Minutes No. 26-99 Page 10 Wednesday, September 22, 1999 THAT the provisions of the Procedural By-law be waived and that the hour of adjournment be extended and the agenda be completed. CARRIED NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 10-99 THURSDAY, SEPTEMBER 16, 1999 - RECOMMENDATION NO. 16 PL99-075-242 - Proposed Official Plan Amendment and Zoning By-law Amendment, Part of Lots 84 and 85, Concession 1 EYS, Bayview Wellington North, Files D09-07-95 and Delegation of Roger Beaman #637. Moved by Councillor West Seconded by Councillor McKenzie THAT Council endorse the Policy Basis and Principles Report from H.B.R. Planning Centre as the basis on which to formulate the proposed Official Plan Amendment for Bayview Wellington North with the following amendments: • Section 2.2 Density be altered in point d) to indicate that not more than 42% of all housing units shall be on frontages between 35 feet and 40 feet, and that point e) be altered to indicate that not more than 22 % of all housing units shall be on frontages less than 30 feet; • Section 2.3 Traffic be amended to include a statement to ensure that road widths are adequate to safely accommodate on street parking; • Section 2.6 be amended to include a statement that urban design guidelines will be used to in conjunction with streetscape plans to de- emphasize the predominance of garages on residential streets. THAT staff be directed to bring an Official Plan Amendment changing the designation on the lands from “Prestige Industrial”, “General Industrial” and “Major Public Open Space” to the appropriate residential and other associated designations when the amendment has been finalized. The amendment should include provisions to cap the net residential density at 12.96 upa yielding a maximum of 755 residential units in a mixture of housing types; and THAT staff continue working with the applicant regarding the subdivision design and zoning by-law details so that all issues are addressed to the satisfaction of the Town. On a recorded vote, the resolution was CARRIED. YEAS: 6 NAY: 2 VOTING YEA: Councillors Hartwell, Healy, Hinder, Hogg, McKenzie and Mayor Jones. VOTING NAY: Councillors Morris and West. NEW BUSINESS ARISING FROM THE GENERAL COMMITTEE MEETING NO. 10-99 THURSDAY, SEPTEMBER 16, 1999 - RECOMMENDATION NO. 21 PL99-089-266 - Bayview Northeast (2b) Secondary Plan Provincially Significant Wetland Area, Density Issues, Burnett Lands; and Delegation of Robert Burnett #638. Moved by Councillor West Seconded by Councillor McKenzie THAT Report PL99-089-266 respecting the East Aurora Wetland Complex, the density provisions as they apply to the Bayview Northeast Aurora Council Minutes No. 26-99 Page 11 Wednesday, September 22, 1999 (2b) Secondary Plan, and the Secondary Plan Boundary as it applies to the Burnett Property, be received for information and referred to the Public Planning Meeting regarding the Secondary Plan scheduled for September 23, 1999; THAT staff be authorized to instruct the consulting team to prepare an addendum to the Environmental Management Strategy to address the limits of development adjacent to the East Aurora Wetland Complex. CARRIED Amalgamation Review Committee Report No. ARC99-01 September 15, 1999 Amalgamation Review Committee Meeting #639. Moved by Councillor West Seconded by Councillor McKenzie THAT the Committee Record of the Amalgamation Review Committee Meeting held on September 15, 1999, be received as information; THAT Councillor John West be appointed Chair of the Amalgamation Review Committee; THAT the Town of Aurora participate as an equal partner in the joint amalgamation study initiated by the Town of Newmarket at an estimated cost of between $10-15,000 and that staff be directed to provide suggestions for enhancements to the draft terms of reference for inclusion in the study; and THAT staff be authorized to invite proposals for professional services to assist and advise Council during the amalgamation review process. CARRIED Business Development Committee Report No. BDC99-06 September 15, 1999 Business Development Committee Meeting #640. Moved by Councillor Hartwell Seconded by Councillor Hinder THAT the Record of the Business Development Committee No. BDC 06- 99 be received as information; THAT the Business Development Committee endorse, in principle, the waiving of some development fees for the Downtown Core during the remainder of the current term of Council, and that staff be directed to finalize a report to Council in this regard; THAT Mayor and Members of Council be informed of GTMA marketing efforts and be given an opportunity to view the video; THAT the start time for future Business Development Committee meetings, which would be held at the call of the Chair, remain at 8:00 a.m. CARRIED Electric Industry Deregulation Committee Report No. EIDC99-005 September 8, 1999 Electric Industry Deregulation Committee Meeting and Delegations of Bob Brown & Eric Wong of Deloitte & Touche #641. Moved by Councillor Healy Seconded by Councillor Hinder THAT the Record of the Electric Industry Deregulation Committee Meeting of September 8, 1999 be received as information. Aurora Council Minutes No. 26-99 Page 12 Wednesday, September 22, 1999 CARRIED Local Architectural Conservation Advisory Committee Report No. LACAC99-005, September 13, 1999 LACAC Meeting #642. Moved by Councillor McKenzie Seconded by Councillor Healy THAT the Committee Record of the LACAC Meeting held on September 13, 1999 be received as information. CARRIED Millennium Committee Report No. MC99-004 August 16 and September 7, 1999 Millennium Committee Meeting and Delegation of B. Kestein, P.A.R.K.S. and Memorandum from Councillor Morris, Chair of the Millennium Committee re: Proposed Millennium Gardens Legacy Project #643. Moved by Councillor Morris Seconded by Councillor Hartwell THAT the minutes of the Millennium Committee meetings of August 16 and September 7, 1999 be received as information; and THAT the selection of the Lambert Willson Park Millennium Gardens as the priority Millennium Legacy Project for the Town be endorsed by Council and that the proposed gateways into Town be endorsed as a secondary project, providing the financial resources become available; and THAT Council endorse the Town of Aurora's application for Ontario Timeship 2000. CARRIED Traffic Safety Advisory Board Report No. TSAB99-009 September 14, 1999 Traffic Safety Advisory Board Meeting #644. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT the Clerk be directed to issue a request to York Regional Police to increase surveillance of speeding traffic on Murray Drive, in the vicinity of Glass Drive, and on Kennedy Street West, in the vicinity of George Street; and THAT the Committee Record of the Traffic Safety Advisory Board meeting held on September 14, 1999 be received as information. CARRIED STAFF REPORTS ADM99-014-275 - Aurora Hydro Electric Commission Restructuring #645. Moved by Councillor Healy Seconded by Councillor Hinder THAT the Town of Aurora retain ownership of Aurora Hydro and continue its role in exploring various initiatives through the Upper Canada Energy Alliance and that Aurora Hydro be operated as a utility regulated by the Ontario Energy Board (distributing electricity but retailing electricity only to satisfy its standard supply service obligations); and Aurora Council Minutes No. 26-99 Page 13 Wednesday, September 22, 1999 THAT the Town of Aurora take the necessary steps to incorporate by September 4, 2000 one or more Ontario Business Corporations which will operate the regulated utility through appointed Board(s) of Directors; THAT the existing Aurora Hydro Electric Commission carry on its operations until September 4, 2000, at which time its assets, liabilities and employees are to be transferred to one of the successor corporations; THAT the Electric Industry Deregulation Committee's Terms of Reference be amended to reflect Council's direction for the Committee to formulate and recommend a direction and formal business plan prior to incorporation to be presented in the future for Council's consideration and to coordinate the details of transferring assets and liabilities to the new corporations including: a) drafting of the transfer by-law, which will authorize the transfer of assets and liabilities to the new corporation(s), b) recommending the price and form of consideration to the Town which may include proceeds of up to $12.6 million ($11.8 million of debt financing and $800,000 of excess cash-on-hand), dependant on Ontario Energy Board regulations, and c) drafting of the shareholders agreement, including a dividend policy and risk management policy, which will constrain the amount of risk the board could assume without prior approval of Town Council and that the by-laws, financing and agreements be subject to approval by Council; and THAT the Management Committee of Council be charged with the responsibility to search for and recommend to Council the appointment of the board(s) of directors using outside professional or community assistance if required; and THAT Councillor Healy be appointed to the Management Committee for this project in order to provide his expertise in this regard; and THAT the board of directors for the regulated utility be comprised of five to seven members with the composition to be determined by the Management Committee and that the board be selected no later than June 1, 2000 with appointments to be effective on incorporation of the successor company(s); and THAT John Sanderson of Aurora Hydro be requested to prepare a brief summary of the issues regarding the Electric Industry Deregulation and that this information be included in the Aurora hydro bills, the Town’s web site and the electronic marquee board on Yonge Street. CARRIED PL99-086-276 - Planning Department Organization, Staff Complement #646. Moved by Councillor Hartwell Seconded by Councillor Hinder THAT the full time staff complement of the Planning Department be increased by one Long Range Planner; and THAT the former Planning Technician and the Secretary to the Director of Planning positions be reinstated, and reinserted into the full-time staff complement. CARRIED Aurora Council Minutes No. 26-99 Page 14 Wednesday, September 22, 1999 PL99-095-277 - Proposed Zoning By-law Amendment Part of Lots 80, Concession 1 EYS, Old Park Holdings D14-13-98 and Delegation of Gary Templeton of Templeton-Lepek Ltd. #647. Moved by Councillor Hinder Seconded by Councillor Hartwell THAT Council give first and second reading to Bill 4108-99.D being a by- law to rezone the subject lands from the “Rural (RU) Zone” and “Industrial Commercial (C5-5) Exception Zone” to “Semi-Detached and Duplex Dwelling Third Density Residential (R3-16) Exception Zone”, Row Dwelling Residential Exception (H)R6-43 Zone”, “Local Commercial (H)C1-3 Zone” , “Industrial Commercial (H)C5-5 Exception Zone” and “Major Open Space (O) Zone”; and THAT a clause be included in the developer’s Offer of Purchase and Sale indicating that purchasers should satisfy themselves that sufficient parking is available given the size of the driveway and the location of the sidewalk in the proposed development. CARRIED CONSIDERATION OF OTHER BUSINESS FOR WHICH NOTICE HAS BEEN GIVEN AT A PREVIOUS MEETING Councillor Griffith re: Notice of Motion – Time Used to Conduct Council Meetings #648. Moved by Councillor McKenzie Seconded by Councillor West WHEREAS the length of time used to conduct Council Meetings has appreciably increased over the past few years. NOW THEREFORE Staff be directed to research and report back with recommendations/refinements to the current process which would assist Council in expediting business at Council Meetings. AND THAT any proposals be presented at the Council/Staff Strategy Meeting scheduled for early November. CARRIED Councillor Morris re: Notice of Motion – Dumping in Landfill Operations – Dical Investments Limited #649. Moved by Councillor Morris Seconded by Councillor Hartwell WHEREAS It is in the best interests of the residents of the Town of Aurora that we investigate resident complaints and, where compliance is not achievable, prosecute infractions under its zoning and other by-laws; WHEREAS There have been many ongoing concerns raised throughout the community and at Council meetings regarding the extent of the dumping operation and land in-filling that is occurring on the property known municipally as 13900 Leslie Street; WHEREAS Under the Town’s “Strategic Plan” we state that Council “will review the various land use documents with a view to enhancing the Town’s ability to protect open space and natural areas” and, “as required, Council will address matters affecting public safety, property and the environment when they arise and will formulate specific measures to deal with them”; WHEREAS The zoning and OP designation are both rural (ru) which permits only the following uses: agricultural, churches, home occupations, Aurora Council Minutes No. 26-99 Page 15 Wednesday, September 22, 1999 horseback riding, greenhouses, and one single family dwelling and the property is currently taxed at the residential or rural open space rate; WHEREAS Throughout the Town’s Growth Management Study and subsequently through designation in the Official Plan, the lands are sited in the Oak Ridges Moraine; WHEREAS A Town issued “fill permit” does not extend to granting permission for a “Land Fill Operation” to be operated at that or any other site within the Town’s boundaries; WHEREAS Low wet areas that once existed on the site have disappeared over time, and according to plans submitted with the “fill permit” application, more recently trees appear to have been covered up, natural watercourses appear to be constrained, and the landscape changed considerably in height, which clearly exceeds the terms of a previously issued fill permit, now expired; and WHEREAS Town of Aurora Staff may require direction from Council as a whole in regards to any proposed action necessary to resolve this matter in accordance with Town by-laws; BE IT THEREFORE RESOLVED THAT Staff be directed to bring back a report to Council as soon as possible outlining the following : 1. The type of operation occurring; 2. A chronology of the dumping operation, to include the beginning date of the operation and days and hours of operation; 3. The process followed by which permission was requested and granted for issuance of any permits by the Town of Aurora, or any other agency, which may include Lake Simcoe Conservation Authority; 4. The type and scope of such permits if issued; 5. A chronology and update of any M.O.E., M.N.R. , Fisheries or any other environmental agency concerns or involvement, and the nature and dates of their concerns re: this site and it’s potential effects on the environment; 6. A determination of the classification and siting of the woodlots, wetlands and any other significant environmental features that are thought likely to be existing on the property; 7. Confirmation of the process followed by which permission was requested and granted for any road access onto Bloomington Sideroad that may have been permitted by the Region of York through it’s Works Department; 8. Any involvement or concerns existing to be requested from The Region of York’s Forester in regards to the Region’s Tree By-Law and any other actions being undertaken regarding this site; and 9. Staff also obtain copies of the aerial photographs which were taken of the site in previous years and which can now be used for comparison to the more recent photographs for Council’s background information and consideration. AND FURTHER BE IT RESOLVED THAT Staff be requested to advise Council as to the current status in relation to the Zoning and interpretation of “Fill” vs. “Land Fill” and any all options open to the Town to address the Aurora Council Minutes No. 26-99 Page 16 Wednesday, September 22, 1999 issues as raised to ensure that the Town’s and resident’s best interest continue to be served and protected. CARRIED UNFINISHED BUSINESS Correspondence from Councillor Morris to Ministry of Consumer and Commercial Relations re: Commercial Riding Establishments – Resolution Passed by Aurora #650. Moved by Councillor Healy Seconded by Councillor West THAT the Chief Administrative Officer be directed to write a letter to the Minister of Consumer and Commercial Relations that reflects the concern of Council regarding this issue. CARRIED Memorandum from Chief Administrative Officer re: Proposed Resolution – Long Term Fiscal Impact of Growth and Delegation of Susan Walmer #651. Moved by Councillor West Seconded by Councillor Hogg WHEREAS the Town of Aurora has over the past many years shown fiscal prudence and to that end has no debt; AND WHEREAS the Town of Aurora has grown in size, mainly because of its location and also because of the overall good planning of the community; AND WHEREAS this planning has given priority to leisure time and way of life; AND WHEREAS all this has been accomplished with the principle that “growth should pay for growth” including essential infrastructure such as wood-lots, parks for family use and land for active participation, walkways, and other leisure activities such as libraries, etc.; AND WHEREAS all these and other Town services such as fire and public works, have historically been provided at a reasonable cost to its citizen taxpayers; AND WHEREAS the Town has undertaken a long term fiscal impact analysis of projected population growth; AND WHEREAS this document has demonstrated that because of changes in Provincial legislation which eliminates the ability of the elected Council of the Town to sustain a growth pays for growth philosophy, existing Town residents are now responsible to pay for a portion of the cost of new growth; AND WHEREAS the cumulative estimated increase in taxes to the citizens of Aurora is predicted to peak between 9% and 13% above present level in order to furnish future citizens with the same services provided the rest of the municipality; AND WHEREAS this is an unacceptable obligation to place on the citizens of the Town of Aurora and to the elected Council that represent them; BE IT THEREFORE RESOLVED THAT, in order to correct this injustice and to protect the historical right of locally elected Councils to make objective land use decisions in the best interest of the community, the Council of the Town of Aurora hereby declares that adoption of Official Aurora Council Minutes No. 26-99 Page 17 Wednesday, September 22, 1999 Plan Amendments designating lands for residential purposes beyond the current approved urban envelope of the Town of Aurora will hereby cease; AND BE IT FURTHER RESOLVED THAT the merits of Official Plan Amendments within the existing urban envelope proposing either new residential designations or in circumstances where residential designations already exist, an increase in such density is contemplated, will be carefully scrutinized to evaluate the effect such change will have on the principles of growth paying a fair share of the cost of growth as mandated by the Province of Ontario; AND BE IT FURTHER RESOLVED THAT the Town solicit community input and direction, including but not limited to, consideration of a question on the ballot at the next municipal election designed to allow the citizens of the Town of Aurora to indicate whether they agree with designating land for future new residential development, despite the resulting increased tax burden on its existing citizens; AND FURTHER THAT this Resolution be forwarded to the Premier of the Province of Ontario, the Finance Minister, the Minister of Municipal Affairs and to our local M.P.P. with a clear indication of Council’s strong objection to the removal of the local autonomy resulting from the changes to the Development Charges Act and the resultant imposed shift in tax burden to the existing residents of our community; AND THAT the Resolution be also forwarded to the Association of Municipalities of Ontario, the Urban Development Institute, all Regional and County governments in Ontario, including the local municipalities in the GTA with a request that unified municipal advocacy for further changes in the Development Charges legislation be renewed, in order to restore the fundamental ability of local Councils to protect existing ratepayers from the cost of new growth. AMENDMENT: Upon the question of the adoption of the resolution, it was: #652. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT paragraph 11 be amended to indicate “…. net average in consistent in the Growth Management Study….” DEFEATED DEFERRAL: Upon the question of the adoption of the resolution, it was: #653. Moved by Councillor West Seconded by Councillor Morris THAT the memorandum be deferred to the next Council Meeting. CARRIED FI99-017-278 – 3rd Reading of Emergency Planning By-law No. 4061-99.P and Approval of a New Aurora Emergency Plan #654. Moved by Councillor Morris Seconded by Councillor Hinder THAT Council give third reading to Bill Number 4061-99.P, being a by-law to formulate a plan for protecting property, the environment and the health, safety and welfare of the inhabitants of Aurora during a major emergency or disaster; and THAT Council approve the final draft of the new Aurora Emergency Plan. CARRIED BY-LAWS Aurora Council Minutes No. 26-99 Page 18 Wednesday, September 22, 1999 #655. Moved by Councillor Morris Seconded by Councillor Hinder THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 4073-99.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Milloy Place and Hawtin Lane. 4108-99.D Being a By-law to amend By-law 2213-78 (Old Park Holdings). 4116-99.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Henderson Drive. AND THAT the same be taken as read a First Time. CARRIED #656. Moved by Councillor Hogg Seconded by Councillor Morris THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 4073-99.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Milloy Place and Hawtin Lane. 4108-99.D Being a By-law to amend By-law 2213-78 (Old Park Holdings). 4116-99.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Henderson Drive. AND THAT the same be taken as read a Second Time. CARRIED #657. Moved by Councillor Morris Seconded by Councillor Hinder THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading with the exception of By-law No. 4109-99.A which was deferred to the next General Committee Meeting for discussion, taking into consideration the comments of the delegate. 4049-99.T Being a By-law to amend Smoking By-law 3351-91 with respect to smoking within Municipal premises. 4061-99.P Being a By-law to formulate a plan for protecting property, the environment and the health, safety and welfare of the inhabitants of an emergency area. 4082-99.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Yonge Street. Aurora Council Minutes No. 26-99 Page 19 Wednesday, September 22, 1999 4112-99.T Being a By-law to dedicate certain lands as public highways on Reference Plans 65R-21100, 65R-21186, 65R-16435, 65R-21487, and 65R-19033 forming part of Centre Street, Temperance Street and Benville Crescent. 4113-99.H Being a By-law to appoint a Deputy Clerk for the Corporation of the Town of Aurora (Michael Davy). AND THAT the same be taken as read a Third Time. CARRIED QUESTIONS BY MEMBERS Councillor Healy - Advised that a resident on Milloy Place informed him that the fence off Bayview Avenue along the back of his property is considerably onto his lot and wanted to know why they have to pay taxes on the whole lot. Staff was asked to investigate this. Inquired about the number of pedestrians crossing Wellington Street from the trail system on the south side to the trail on the north side and requested if a count could be conducted. NEW BUSINESS PW99-061-282 – Complaint About Speeding and Reckless Driving on Brookland Avenue and Fairway Drive #658. Moved by Councillor West Seconded by Councillor Hogg THAT the existing yield sign on Fairway Drive at Brookland Avenue be removed; THAT a Stop Sign be posted for southbound traffic on Brookland Avenue at Fairway Drive; THAT the Public Works Department be directed to extend the existing painted centreline on Brookland Avenue from the bend in the roadway by Premises No. 40 Brookland Avenue to Premises No. 46 Fairway Drive with a broken line through the intersection; THAT the York Regional Police be requested to increase enforcement of the speed limit on Fairway Drive and Brookland Avenue; THAT the resident be advised of the Road Watch Program and of the Radar Display Board System, both of which may be useful in addressing the residents' concerns; and THAT the Department of Public Works be requested to report further on speed control options available to control the speed of traffic in the Brookland Avenue/Fairway Drive area. Aurora Council Minutes No. 26-99 Page 20 Wednesday, September 22, 1999 REFERRAL: Upon the question of the adoption of the resolution, it was: #659. Moved by Councillor Healy Seconded by Councillor Hogg THAT the Report be referred to the next General Committee Meeting. CARRIED Memorandum from Councillor West, Chair of OHF re: OHF Committee Meeting of September 21, 1999 #660. Moved by Councillor West Seconded by Councillor Morris THAT the legal opinion obtained by the OHF attached to the memorandum be received as information. CARRIED Councillor West re: Amalgamation Committee #661. Moved by Councillor West Seconded by Councillor Morris THAT Councillor McKenzie be appointed to the Amalgamation Committee. CARRIED ADJOURNMENT #662. Moved by Councillor West THAT the meeting be adjourned at 12:04 a.m. CARRIED