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MINUTES - Council - 20000627 TOWN OF AURORA PUBLIC PLANNING/ COUNCIL MEETING MINUTES NO. 19-00 Council Chambers Aurora Town Hall Tuesday, June 27, 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, Treasurer, Administrative Coordinator/Deputy Clerk, Solicitor and Council/Committee Secretary. Following Open Forum at 7:00 p.m., the Mayor called the meeting to order at 7:25 p.m. I DECLARATIONS OF INTEREST Councillor Morris declared an interest in items 4 and 5 (section 1) due to the employment of her spouse in a subsidiary of Magna and 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 West Seconded by Councillor Griffith THAT the content of the Agenda be approved as presented. CARRIED III PUBLIC PLANNING MEETING - PLANNING APPLICATION Mayor Jones advised that this meeting had been called as a Public Meeting with respect to proposed Zoning By-law Amendment for John Pearson & Mary O'Reilly, 16-18 Mosley Street, 36 Victoria Street, application number D14-11-00. The Public Meeting procedures and the opportunities available for persons to ask questions related to the item tabled for consideration were explained. Mayor Jones advised that any person who wished further notice of the passage of the proposed By-law under consideration could sign the information forms available. In addition, Mayor Jones advised that any concerns with the proposal must be expressed during the public meeting or in writing prior to the adoption by Council of any amendment in order to protect the right to appeal to either the Region of York or the Ontario Municipal Board. Names and addresses of speakers are required as a part of the record of the proceedings. Aurora Public Planning/Council Minutes No. 19-00 Page 2 Tuesday, June 27 2000 The Mayor Jones confirmed that the required Notice of Meeting for the application was given and that the necessary signs were posted on the property in accordance with the rules of procedure under the Planning Act. 1. PL00-073 - Zoning By-law Amendment Application John Pearson & Mary O’Reilly 16-18 Mosley Street, 36 Victoria Street D14-11-00 Planning Staff Sue Seibert, Director of Planning, provided a brief overview of the subject proposal including the location and applicable Official Plan and Zoning By-law designations. The Director provided a brief background of the application indicating the applicant now proposes to continue the rezoning affecting the subject lands to allow for the use of the Mosley Street property for a drugless practitioner’s office (within the former church), two residential apartments (second floor of the church), and the existing house (former rectory), along with associated parking as well as the use of the rear of the Victoria Street property for parking associated with the uses proposed for the Mosley Street lands. The house is to remain as a single detached residence. The Director indicated that in principle, staff had no objection to the subject application. Accordingly, it is recommended that the matter be approved subject to the successful processing of a site plan application to address matters that include fire access, vegetation preservation, and grading. Public Comments No members of the public appeared before Council concerning the application. Applicant/Agent A consultant spoke on behalf of the applicant and advised that he concurred with the Planning Staff report and was available to answer any questions. The public portion of the meeting closed at 7:40 p.m. and Council’s deliberations began. Moved by Councillor West Seconded by Councillor Morris THAT Council approve and receive the recommendations to enactment an implementing by-law subject to the successful processing of a site plan application addressing matters that include fire access, vegetation preservation, and grading CARRIED IV ADOPTION OF MINUTES Council Meeting No. 18-00, Tuesday, June, 13, 2000 Moved by Councillor Hartwell Seconded by Councillor McKenzie THAT the Minutes of Meeting Number 18-00 be adopted as printed and circulated. CARRIED Aurora Public Planning/Council Minutes No. 19-00 Page 3 Tuesday, June 27 2000 V PRESENTATIONS Students of Highview Public School, re: Request for Proclamation, "Aurora Walk to School Day", Wednesday September 27, 2000 Chris Alexander, By-law Co-ordinator for the Town of Aurora, gave a brief overview of the "Aurora Walk to School Day" program and it's success at Highview Public School. As a result, rewards for participation were give to Hope Fletcher and Josh Olson who became "Mayor for the Day". Mayor Jones thanked the students for their contribution. Moved by Councillor West Seconded by Councillor Morris THAT September 27th be proclaimed "Aurora Walk to School Day" CARRIED Brian Marshall, President of the Aurora Optimist Club re: Presentation of a Cheque for the Installation of Beach Volleyball Courts at Lambert Willson Park Mr. Marshall presented Council with a $12,000 cheque for the installation of the permanent beach volleyball courts located at the Aurora Leisure Complex, Lambert Wilson Park and thanked staff for their efforts. VI DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 7, 8 (1), 8 (2), 11 and 13 of the Agenda and were identified for discussion. VII ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor West Seconded by Councillor McKenzie 1. PL00-063 - Draft Plan of Condominium Fernbrook Homes (Stonebridge) Limited Block 1, R.P. 65M-3285 and Part of Blocks 34 and 36, R.P. 65M-3123 Crossing Bridge Place & Stonecliffe Crescent (South of Vandorf Sideroad and West of Bayview Avenue) File Number D07-01-00-A THAT the proposed plan of condominium D07-01-00-A be draft approved by the Town of Aurora subject to the conditions on APPENDIX 1 being met prior to final approval. 2. PL00-070 - Site Plan Application Donald Sackfield Lot 15, Registered Plan 535 21 Industry Street File Number D11-11-00 THAT Report PL00-070 be received as information; and THAT, subject to a satisfactory review by the Site Plan Committee, the Director of Planning be authorised to execute a site plan agreement between Donald Sackfield and the Town of Aurora respecting the construction of an industrial building. Aurora Public Planning/Council Minutes No. 19-00 Page 4 Tuesday, June 27 2000 3. PL00-074 - Site Plan Amendment Application 420643 Ontario Limited (Senator Homes) Part of Lot 81, Concession 1 WYS D11-20-97 THAT, subject to the submission of all fees and securities, Council authorize the Mayor and Clerk to enter into a site plan amendment agreement between 420643 Ontario Limited and the Town of Aurora to permit a variety of changes to the previously approved plans and agreement, as identified within the staff report. 4. PL00-075 - Site Plan Amendment Application Tesma International Inc. (Magna) Part of Lot 77, Concession 1 245 Edward Street D11-04-97 THAT Report PL00-075 be received as information; and THAT, subject to a satisfactory review by the Site Plan Committee, the Director of Planning be authorised to execute a site plan amendment agreement between Tesma International Inc. and the Town of Aurora respecting the construction of an industrial building expansion. 5. LS00-026 - Property Use Agreements/Indemnity Agreement 1. THAT Council authorize the Mayor and Clerk to execute a property use agreement between the Town of Aurora and 1207309 Ontario Inc. (Magna). 2. THAT Council authorize the Mayor and Clerk to execute a property use agreement between The Town of Aurora, The Aurora Youth Soccer Club Inc. and The Incorporated Synod of The Diocese of Toronto. 3. THAT the Mayor and Clerk be authorized to execute an agreement to indemnify Mr. and Mrs. Cousins. 6. CS00-030 - Exhaustion of the 905 Area Code THAT Public Notice No. CRTC 2000-67, concerning the exhaustion of the 905 area code, be received as information. 9. CC00-02 - May 1, 2000/ June 19, 2000, Communications Committee Meeting THAT the Committee Record of the Communications Committee Meeting held on May 1, 2000/June 19, 2000 be received as information. THAT the Communications Committee endorses the proposed printing and distribution of a combined Leisure Guide and Town Handbook/Residents Guide. THAT the Communications Committee receives as information the memo from the Web Site Committee and suggests an annual survey of the Web Site. THAT the Communications Committee receive the update of the Communications Plan as information. THAT the Communications Committee supports the Communications Plan schedule and its timeline. THAT the Communications Committee members be prepared to discuss Administrative Procedure # 53 at the next meeting in order to provide feedback to the CAO in order to enhance the operating procedure. Aurora Public Planning/Council Minutes No. 19-00 Page 5 Tuesday, June 27 2000 THAT Staff incorporate the Communications Committees recommendations for inclusion into the Communications Plan and report back at the next meeting with a revised Draft Communications Plan. THAT the Committees suggestions be referred to Staff for review and inclusion where possible in Administrative Procedure # 53 and report back to the Committee. 10. TSAB00-004 - Traffic Safety Advisory Board Meeting – June 6, 2000 THAT the Committee Record of the Traffic Safety Advisory Board Meeting held on June 6, 2000 be received as information, and THAT the following recommendations of the Board be adopted: a. THAT the Director of Planning be requested to investigate and provide a report on the question of when operation of a business in a private home becomes unacceptable to the neighbours or when does a business have a negative impact on the community. b. THAT the recommendation to paint the centreline along Timpson Drive from Wellington Street to Windham Trail be accepted; and That increased surveillance for speeding enforcement be requested from the York Regional Police. 12. Memorandum from Mayor Tim Jones, re: Young Offenders Act WHEREAS, there have been numerous, senseless acts of violence committed against Canadians by “young offenders”, as evidenced by the recent attacks against Clayton McGloan of Calgary, Jonathan Wamback of Newmarket and Dmitri Baranowski of Toronto; AND WHEREAS, the Young Offenders Act fails to deter youths from committing violent acts and further, prevents the imposition of just sentences against young offenders who are convicted of committing serious violent crimes; AND WHEREAS, the Council of the Town of Aurora considers it appropriate to directly petition the Federal Government to make amendments to the Young Offenders Act so that it becomes a serious deterrent to young offenders; NOW THEREFORE, the Council of the Town of Aurora resolves as follows: 1. THAT the Federal Government, through the offices of the Prime Minister and Minister of Justice, be requested to enact immediate and appropriate amendments to the Young Offenders Act to make it an effective and serious deterrent to young offenders by such possible means as treating violent young offenders as adults, strengthening and increasing penalties to include imprisonment, publishing the names of convicted violent offenders and requiring proper restitution for the victims and/or their families; and, 2. THAT a copy of this resolution be forwarded to the parents of Jonathan Wamback. CARRIED Councillor Morris declared an interest in items 4 and 5(1) (Magna) due to the employment of her spouse in a subsidiary of Magna and 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. Aurora Public Planning/Council Minutes No. 19-00 Page 6 Tuesday, June 27 2000 VIII DELEGATIONS Petra Wiedemann, President of the Graystones Restaurant re: Proposed No Smoking By-law Ms Wiedemann shared her concerns regarding the no smoking by-law and requested that amendments be made to it and that the public and Council should work together to effectively balance the health of the patrons and needs and survival of the small businesses in town. Moved by Councillor Griffith Seconded by Councillor Hartwell THAT the comments of the delegate be received. CARRIED Leah Klein, Aurora Bingo Centre re: Proposed No Smoking By-law Ms Klein expressed her apprehension that a ban on smoking in her establishment would reduce the number of patrons attending the bingo hall thus having an impact on the revenue that has been generated over the years from the Bingo Hall to various charities. Ms Klein informed Council that a smoking area has been implemented at the Bingo Hall and is used by very few. Ms Klein urged Council to reconsider the Regions recommendations. Moved by Councillor West Seconded by Councillor Hartwell THAT the comments of the delegate be received. CARRIED Tely Spasopoulos, Trio Restaurant re: Proposed No Smoking By-law Mr. Spasopoulos informed Council that he has a no smoking area in his restaurant, has monitored it and feels there is no need to enlarge it. Mr. Spasopoulos requested that Council allow the business owners to make the decisions as to whether their establishments should be smoking or non smoking. Mr. Spasopoulos urged Council not to approve the Regions By-law. Moved by Councillor West Seconded by Councillor Hartwell THAT the comments of the delegate be received. CARRIED Lee Rombos, Purple Pig Restaurant re: Proposed No Smoking By-law Mr. Rombos expressed the need that a personal element be brought into the issue in order to make a proper decision. Mr. Rombos expressed the need for more time in order for the Region to gather further information, otherwise business will be hindered. Moved by Councillor West Seconded by Councillor Morris THAT the comments of the delegate be received. CARRIED Aurora Public Planning/Council Minutes No. 19-00 Page 7 Tuesday, June 27 2000 IX CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 7. PW00-31- Storm Water Management - Trinity Anglican Church Moved by Councillor West Seconded by Councillor McKenzie THAT the Town extend the sewer pipe from the existing manhole to the new manhole at a cost of $6,800 to the Town CARRIED 8. General Committee Meeting Report No. 11-00 Tuesday, June 20, 2000 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 11-00, TUESDAY, JUNE 20, 2000 ITEM 1 - SRC00-03 - JUNE 5, 2000 AD HOC SMOKING REVIEW COMMITTEE MEETING Moved by Councillor West Seconded by Councillor Griffith THAT the timeline proposal of the model by-law as presented be adopted subject to a further amendment to the timeline to extend the implementation date for Class A and Class B public places to June 1, 2004 On a recorded vote, the motion was CARRIED. YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Hartwell, Griffith, Hinder, Morris, West and Mayor Jones. VOTING NAYS: Councillors Healy, Hogg and McKenzie. Moved by Councillor West Seconded by Councillor Griffith THAT the Town of Aurora inform the Region of York that the Town intends to enact its own By-law On a recorded vote, the motion was CARRIED. YEAS: 7 NAYS: 2 VOTING YEAS: Councillors Hartwell, Griffith, Hinder, Healy, McKenzie, West and Mayor Jones. VOTING NAYS: Councillors Hogg and Morris. Moved by Councillor Hogg Seconded by Councillor Hartwell THAT if it was determined that the Region has the authority to go forward with their recommendations that the Town put forward the following recommendation to a flexibility of the 25% component of the smoking area DEFEATED Aurora Public Planning/Council Minutes No. 19-00 Page 8 Tuesday, June 27 2000 CONSIDERATION OF ITEM REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO. 11-00, TUESDAY, JUNE 20, 2000 ITEM 2 - PRESENTATION BY JIM MCALPINE, CHAIR OF THE CITIZENS ADVISORY COMMITTEE ON COUNCIL REMUNERATION RE: REMUNERATION & COMPENSATION FOR MEMBERS OF COUNCIL; AND CONSIDERATION OF: REPORT CACCR00-01 - REMUNERATION & COMPENSATION FOR MEMBERS OF COUNCIL Moved by Councillor West Seconded by Councillor Healy 1. Office of the Mayor THAT the compensation for the Office of Mayor be revised to reflect the following adjustments to the remuneration and benefits effective December 1, 2000: 1.1) That the annual salary be increased to $37,928; 1.2) That the Mayor’s vehicle allowance be increased to $600 per month (taxable benefit); 1.3) That a benefit plan including medical, dental, and life insurance, be provided as part of the overall compensation package; 1.4) And that the Town’s by-law be expanded to permit the participation of the Mayor in the OMERS pension plan. 2 Members of Council THAT the compensation for the Office of Councillor be revised to reflect the following adjustments to the remuneration and benefits effective December 1, 2000: 2.1) That the annual salary be increased to $15,952; 2.2) That the existing vehicle mileage allowance of $1,000 per annum be maintained (taxable benefit); 2.3) And that a benefit plan including medical, dental, and life insurance be offered on an optional basis at the Councillor’s expense as part of the overall compensation package; 3 “Gross Up” Provision 3.1) That the implementing by-law provide for an automatic gross up provision of the compensation paid to the Mayor and Members of Council such that the net compensation provided shall be equal to the amount currently provided in the event that the one-third tax free portion is removed from the Municipal Act. 4. Future Adjustments 4.1) That effective Jan. 1, 2002 and Jan. 1, 2003 the salary paid to the Office of Mayor and Councillors shall be adjusted to reflect the overall salary adjustment that is granted to the non union group by Council; 4.2) That a similar advisory committee be formed prior to the end of the term of the next Council in order to review the compensation for future Councillors. Aurora Public Planning/Council Minutes No. 19-00 Page 9 Tuesday, June 27 2000 5. Expenses as Elected Officials 5.1) That commencing 2001 an expense allowance of $3,000 per annum be provided for the Mayor in order to attend special functions on behalf of the Town; 5.2) That commencing 2001 an expense allowance of $400 per annum per Councillor be provided in order to attend special functions on behalf of the Town. 5.3) That prior to the implementation of the foregoing, a policy be developed and approved by Council establishing parameters for the utilization of the expense funds. 6. Other Recommendations on Concepts Outside of the Mandate 6.1) That Council consider engaging the services of a consultant to develop a job description for Members of Council which would identify their roles and responsibilities. 6.2) That Council review the current size of Council and consider reducing the number of members prior to the next election in 2003. THAT a full disclosure of Council compensation occur as part of the statutory financial reporting summary. On a recorded vote, the motion was CARRIED. YEAS: 8 NAYS: 1 VOTING YEAS: Councillors Hartwell, Healy, Hogg, McKenzie, Griffith, Hinder, West and Mayor Jones. VOTING NAYS: Councillor Morris. Moved by Councillor Healy Seconded by Councillor West THAT the balance of the Report of the General Committee Meeting No. 11-00 be received and the recommendations carried by the Committee be adopted. CARRIED 11. LSAC-06 - June 8, 2000, Leisure Services Advisory Committee Meeting Moved by Councillor Morris Seconded by Councillor Hogg THAT the Committee Record of the Leisure Services Advisory Committee Meeting held on June 8, 2000 be received as information; and THAT the list of Town owned facilities be received as information and that staff report back to the Committee with a pro-rated review of facilities in chart form; and THAT the Committee direct staff to research further into the appropriate size and configuration of multiple Sand Volleyball Courts and that the Optimists be approached regarding sponsorship for appropriate funding to build a minimum of two (2) Sand Volleyball Courts; and THAT Millennium Committee Recommendations, May 29, 2000 meeting be referred back to the Millennium Committee to provide more information and detail; and THAT the Committee have the opportunity to review the Volunteer Award process for the Civic Appreciation Awards. Aurora Public Planning/Council Minutes No. 19-00 Page 10 Tuesday, June 27 2000 CARRIED 13. Memorandum from Councillor Morris re: Endorsement of Resolution on Horse Riding Establishments Moved by Councillor Morris Seconded by Councillor Hinder WHEREAS on September 21st, 1999, Council passed By-law 99-151-RE to regulate horse-riding establishments in the Town of Whitchurch-Stouffville and provide for safety measures for persons while riding at those establishments; AND WHEREAS representatives from the Town of Whitchurch-Stouffville, the Town of Aurora, the office of Frank Klees, MPP for Oak Ridges, the office of Al Palladini, MPP Vaughan-King-Aurora, the office of Julie Munro, MPP York North, the office of John O’Toole, MPP For Durham and Parliamentary Assistant to the Ministry of Consumer and Commercial Relations and staff from the Ministry of Consumer and Commercial Relations met on March 2nd, 2000 to discuss means whereby all horse riding establishments could be regulated; AND WHEREAS the following areas were identified for further research by the Ministry of Consumer and Commercial Relations: 1. The Municipal Act could be revised to provide municipalities with the ability to regulate horse-riding establishments without the fear of legal challenges. This option still leaves the decision whether or not to regulate the horse industries to the various municipalities and as such would not provide consistency across the Province. 2. The Province could pass legislation requiring that horse-riding establishments be regulated. One Act considered for review was theAmusement Devices Act. Two areas of concern with this suggestion were the length of time required to amend legislation and the means whereby the legislation would be enforced. 3. A suggestion was made to make the horse industry self-regulating. A regulatory body would have to be established which would need to be funded by the industry members. This suggestion would also involve a lengthy process to establish a regulatory body and would involve costly administration. 4. The municipal representatives suggested that the Province pass legislation making insurance for the horse industry mandatory. It was suggested that such a requirement would result in the mandatory use of helmets and proper footwear and or breakaway stirrups. The insurance industry would become the equivalent of a regulatory body; AND WHEREAS the representatives at the March 2nd, 2000 meeting were advised that the matter would be researched by staff from the Ministry of Consumer and Commercial Relations and the matter would be reported to Caucus by the end of March 2000 with a response to the Town of Whitchurch-Stouffville and the Town of Aurora shortly thereafter; AND WHEREAS no response has been forthcoming from the Ministry of Consumer and Commercial Relations; NOW THEREFORE BE IT RESOLVED that Council requests that the Ministry of Consumer and Commercial Relations report back to the Town of Whitchurch-Stouffville and the Town of Aurora as to the Province’s position regarding the mandatory regulation of horse establishments throughout the Province of Ontario by the end of September 2000 and that serious consideration be given to mandatory insurance for horse riding establishments. Aurora Public Planning/Council Minutes No. 19-00 Page 11 Tuesday, June 27 2000 CARRIED X. OTHER BUSINESS, COUNCILLORS Councillor West requested that staff discuss with the Anglican Church the possibility of sharing the parking for the downtown core. Councillor Hartwell inquired as to whether the citizens of the Traffic Safety Advisory Board were aware that the July's meeting is cancelled. Councillor Hinder inquired as to an appropriate time to discuss the mandates in term of reference for the number of Standing Committees and Boards for clarification of some of the rules, to avoid any delay in the time from when the advertisement goes out to the public and when citizens are able to be brought on board. Councillor Hinder suggested that the discussion take place at a September General Committee Meeting. XI READING OF BY-LAWS Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4193-00.D Being a By-law to amend By-law No. 2213-78 (Baldwin Feed Mill). 4194-00.D Being a By-law to amend By-law No. 2213-78 (Rankel). 4195-00.F Being a By-law to amend By-law 4186-00.F 4196-00.H Being a By-law to repeal a certain the Town of Aurora 4197-00.H Being a By-law to appoint an Acting Deputy Chief for the Town of Aurora (Kevin Izzard) 4191-00.D Being a By-law to amend By-law No. 2213-78 (Bayview Wellington North) CARRIED XII ADJOURNMENT Moved by Councillor West THAT the meeting be adjourned at 9:45 p.m. CARRIED ______________________ _________________________________ T. JONES, MAYOR B. PANIZZA, TOWN CLERK