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MINUTES - Council - 20000425 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 13-00 Council Chambers Aurora Town Hall Tuesday, April 25, 2000 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/Town Clerk, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works, Fire Chief, Treasurer, Solicitor and Council/Committee Secretary. Following Open Forum, the Mayor called the meeting to order at 7:20 p.m. I DECLARATIONS OF INTEREST Mayor Jones declared an interest in Item (10) (Correspondence from Cassels Brock & Blackwell) of the General Committee Meeting Report. Mayor Jones’ declaration was by virtue of his employment with Timberlane Tennis and Country Club, which is located adjacent to the subject property. Mayor Jones did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. II APPROVAL OF AGENDA Moved by Councillor Morris Seconded by Councillor Griffith THAT the content of the Agenda be approved as presented with the addition of Report CS00-019 - Bloomington Road Fill Operation (Item 9). CARRIED III ADOPTION OF MINUTES Council Meeting No. 12-00, Tuesday, April 11, 2000 Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the Minutes of Meeting Number 12-00 be adopted as printed and circulated. CARRIED Aurora Council Minutes No. 13-00 Page 2 Tuesday, April 25, 2000 IV PRESENTATIONS Presentation to Firefighter Art Bellar re: 20 Year Service Award Chief Hunwicks presented Firefighter Art Bellar with a twenty-year National Exemplary Service medal in recognition of his twenty years of service with the Aurora Fire and Emergency Services Department. Chief Hunwicks provided a brief synopsis of the contributions made by Art Bellar to the Town of Aurora during his career. He commended Firefighter Bellar for his valued service and congratulated him on his 20 years of service. V DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 7, 8 and 9 (Report No. CS00-019) were identified for discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Hogg Seconded by Councillor Hartwell THAT the following recommendations respecting the matters listed as “Items not Requiring Separate Discussion” be adopted as submitted to Council and Staff be authorized to take all necessary action required to give effect to same: 1. CS00-017- Provision of Legal Services THAT the law firms of Weir & Foulds, Patterson MacDougall, Gowling, Strathy & Henderson and Hicks, Morley, Hamilton, Stewart and Storie be appointed to a roster of service providers to provide external legal services to the Town on a periodic basis with Weir & Foulds being designated as the primary provider of external legal services for the Town in the areas of general litigation and advice, planning and development law, and environmental law and with Hicks, Morley, Hamilton, Stewart and Storie being designated as the primary service provider in the areas of labour and employment law; and THAT the reporting relationship for the Town's in-house legal counsel be amended on the Town's organizational chart to remove the position of Solicitor from the Corporate Service Department and provide that the Solicitor report directly to the Chief Administrative Officer effective June 1, 2000; and THAT By-law 4174-00.H be provided three readings to repeal By-law 3514-93, as amended by By-laws 3895-98.H and 3969-98.H. 2. CS00-018 - Release of Easement THAT the Mayor and Clerk be authorized to execute the necessary documents to release the easement over Lot 76, Plan 65M-2396 (179 Delayne Drive). 3. PL00-045 - Zoning By-law Amendment Application Peter Rankel/Monopoli Financial Solutions 15054 Yonge Street D14-10-00 THAT Council receive as information the following overview of Zoning By-law Amendment application D14-10-00, scheduled for the May 24, 2000 Public Planning Meeting. Aurora Council Minutes No. 13-00 Page 3 Tuesday, April 25, 2000 4. PW00-022 - Approval to Execute a De-Servicing Agreement - Bayview Wellington North Subdivision THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Bayview Wellington North Inc. to permit the removal of water and sewer services from the lands in the Bayview Wellington North subdivision (19T-88060), subject to the following conditions: (a) Receipt of proof of insurance in an amount satisfactory to the Town; and (b) Receipt of engineering fees and securities in accordance with standard procedures for subdivision developments in the amounts specified. 5. LS00-004 - Millennium Projects Update THAT Council receive this report as information. 6. TR00-010 - Accrued Adjustment of 1998 and 1999 Taxes under Section 442 of the Municipal Act THAT the adjustment of 1998 and 1999 taxes in the amount of $75,165.91 under Section 442 of the Municipal Act be approved. THAT the adjustments of 1998 and 1999 taxes resulting from Assessment Review Board Decisions in the amount of $64,367.77 be received for information. CARRIED VII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 7. General Committee Meeting Report No. 07-00 Tuesday, April 18, 2000 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 07-00, TUESDAY, APRIL 18, 2000 - ITEMS 9, 10 and 4 (9) Area Productions Inc. re: Healthy Living Expo - May 6 & 7 Aurora Community Centre Moved by Councillor Griffith Seconded by Councillor Hartwell THAT the request for signage be approved; and THAT staff develop a process to deal with the installation of overhead hydro banners on Yonge Street, the use of the Town signs at the Leisure Complex and Community Centre by non profit organizations, requests for one event signs and non profit signage, and related costs and fees, and further that staff vent the proposal through the Business Development Committee prior to the presentation to Council. CARRIED Aurora Council Minutes No. 13-00 Page 4 Tuesday, April 25, 2000 (10) Cassels Brock & Blackwell re: Wycliffe Diamond Homestead Application Mayor Jones, having previously declared an interest in this correspondence relinquished the Chair to Deputy Mayor West and did not take part in the vote called for in this regard. Moved by Councillor Morris Seconded by Councillor Hartwell THAT the correspondence be received as information. CARRIED Upon conclusion of this matter, Mayor Jones resumed the Chair. (4) PW00-021 - Yonge Street Reconstruction Provision of Bikeway Moved by Councillor Healy Seconded by Councillor Hartwell THAT the recommendations in the Staff Report not be received and that staff be directed to discover a way to create a safe bicycle path for the use by the public on Yonge Street between Murray Drive and Golf Links Drive. On a recorded vote, the motion was DEFEATED YEAS: 3 NAYS: 5 VOTING YEAS: Councillors Hartwell, Healy and Morris. VOTING NAYS: Councillors Griffith, Hinder, McKenzie, West and Mayor Jones. Moved by Councillor West Seconded by Councillor Hinder THAT Council receive Report PW00-021 regarding the provision of a bikeway as part of the reconstruction of Yonge Street; THAT Council approve the widening of the right of way for a width of approximately 4 metres as required to permit the construction of a five lane roadway generally from Murray Drive to Golf Links Drive together with a 2.0 metre wide sidewalk; THAT Staff be directed to place the required land sale notice in the local newspaper for two weeks, advertising the proposed sale of part of Billings Well Park to the adjoining owner in exchange for property fronting on Yonge Street; THAT any comments arising from the said notice be included in a subsequent Report seeking authorization of an Offer to Purchase Agreement and enactment of the related authorizing by-law; and That the associated costs for the legal and administrative process be allocated from the budget for the capital road works associated with the reconstruction of Yonge Street. CARRIED Councillor Hogg left the Council meeting at 7:45 p.m. Aurora Council Minutes No. 13-00 Page 5 Tuesday, April 25, 2000 Moved by Councillor Griffith Seconded by Councillor Hinder THAT the balance of the Report of the General Committee Meeting No. 07-00 be received and the recommendations carried by the Committee be adopted. CARRIED 8. Councillor Morris Notice of Motion re: Acquisition of the Downtown Library Lands Moved by Councillor Morris Seconded by Councillor Griffith WHEREAS the Town of Aurora’s strategic Plan in Goal A speaks to: Maintaining a well-managed and fiscally responsible Municipality. And in Goal E: To promoting accessible Municipal Government. WHEREAS a report to Council dated April 14th 1999 show that a decision was reached not to proceed with a twinned Library proposal utilizing an existing town owned site & a traditional build approach, at an approximate estimated cost of $5.6 million. WHEREAS the same evening an unanimous decision was reached by Council to proceed to build a new library facility at the corner of Yonge & Church Street, on some newly purchased lands. The estimated costs for the building at that location were dependent upon the approach taken and varied between $6.1 and $6.4 million. WHEREAS the new Library projected cost on the new site has now been estimated to be approximately in the range of $8.7 million. WHEREAS the Town has recently increased the Town portion of the tax bill by 5.7%. WHEREAS Budget projections show that the new Library will in the year 2001 add an annualized amount of $500,000 to cover both the increased operational costs and debt financing, and in the year 2002 an amount of $700,000 which will have the potential effect of increasing taxes by 4.5% & 6.6% respectively. WHEREAS the Town is about to consider the Tenders for the construction of the new library. Thereby placing us in a position to move ahead with the building project. WHEREAS a number of citizens have recently come before Council & have requested further information regarding the costs & process followed in acquiring the lands at the corner of Church & Yonge Streets that are to be used for the new library. AND WHEREAS residents have also requested a breakdown of the full costs of acquiring such lands, along with all associated costs to build a new library on that site. THEREFORE, BE IT RESOLVED THAT Staff be directed to bring forward a written report for public review outlining the following: 1. The chronology of the acquisition of the buildings & lands at the corner of Yonge & Church Streets (which are now to be used to build the new Library). 2. A list of the market evaluations at that time of the businesses, properties & lands that were acquired. Aurora Council Minutes No. 13-00 Page 6 Tuesday, April 25, 2000 3. An explanation as to the rationale behind why the lands & businesses & buildings were purchased by the Town “as is”, without soils testing costs & building challenges & conditions being clearly known. 4. A clear breakdown & financial summary, to include all costs incurred re: the total financial liability of this particular choice of site, including: • real estate fees, • all property purchase costs • legal fees & disbursements, • demolition costs, • land searches, • soils testing costs, • inspections, • engineering costs, • project management costs • Architects costs, and any other commitments or disbursements of any kind etc. • Total Annual Tax revenues lost from the buildings being demolished. CARRIED 9. CS00-019 - Bloomington Road Fill Operation Moved by Councillor Morris Seconded by Councillor Hartwell THAT staff retain external legal counsel to vigorously pursue legal action with the goal of discontinuing the fill operation at 1166 and 1360 Bloomington Sideroad East; and THAT staff review By-law 3829-97.P to examine the ability of the Town to effectively prohibit filling activities on lands outside of the established urban boundary of the Town; THAT staff formally request the assistance and intervention of the Ministry of the Environment to monitor and test soils on this site and to identify the environmental impact of the fill operation to this area of the Town; and THAT the Mayor contact Al Palladini, M.P.P. and Maurizio Bevilacqua, M.P. to advise them of the nature of the operation and request them to take all action within their powers to assist the Town in stopping this fill operation; and THAT Al Palladini, M.P.P. be requested to utilize his best efforts to involve the Ministry of the Environment in bringing an end to the ongoing fill operation. CARRIED VIII READING OF BY-LAWS Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the following listed bills be given 1st, 2nd and 3rd readings, and enacted: 4150-00.P Being a By-law to repeal the application schedules from the Town Licensing By-laws. Aurora Council Minutes No. 13-00 Page 7 Tuesday, April 25, 2000 4167-00.D Being a By-law to amend By-law No. 2213-78 (Petro Canada). 4174-00.H Being a By-law to repeal By-law 3514-93 as amended by By-laws 3895-98.H and 3969-98.H appointing Solicitors as Officers to the Corporation of the Town of Aurora. CARRIED IX IN CAMERA Legal Matter Moved by Councillor Griffith Seconded by Councillor Hartwell THAT this Council proceed In Camera to address a legal matter. CARRIED X ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 8:20 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK