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MINUTES - Council - 20000718 TOWN OF AURORA COUNCIL MEETING MINUTES NO. 21-00 Council Chambers Aurora Town Hall Tuesday, July 18, 2000 ATTENDANCE COUNCIL MEMBERS Mayor Jones in the Chair; Councillors Griffith, Hartwell, Healy, Hinder, Hogg (7:20 p.m.), 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 at 7:00 p.m., the Mayor called the meeting to order at 7:03 p.m. I DECLARATIONS OF INTEREST Mayor Jones declared an interest in the delegation of the Ratepayers of Aurora Yonge South, Item 18 - Report PL00-084 and memorandum from the Director of Planning re: correspondence from Sorensen Gravely Lowes by virtue of his residence in the vicinity. Mayor Jones also declared in interest in Item 3 - Report ADM00-002, By-law No. 4198-00.T, Item 13 - Report PL00- 079, Item 16 - Report PL00-082, memorandum from Director of Planning re: correspondence from Invar Building Corporation, Item 25 - Report PW00-037 and Item 26 - Report TR00-016 by virtue of his employment with Timberlane Tennis and Country Club. 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 Griffith Seconded by Councillor McKenzie THAT the content of the Agenda be approved as presented with the following additions:  Delegation request from David Hirsh and John Foster re: PL00- 086 - Proposed Plan of Subdivision, Part of Lot 79, Concession 1, W.Y.S., Kennedy Street West, 750179 Ontario Limited; Aurora Council Minutes No. 21-00 Page 2 Tuesday, July 18, 2000  Revised Report No. PL00-079 - Draft Plan of Condominium, 1255857 Ontario Limited, Part of Lot 75, Concession 1 E.Y.S. (South of Vandorf Sideroad and West of Bayview Avenue), File Number D07-95014;  Memorandum from Director of Planning re: Correspondence from Invar Building Corporation re: Report No. PL00-082 - Proposed Draft Plan of Subdivision, 1351586 Ontario Limited, 119 Vandorf Sideroad, File: D12-99003A;  Memorandum from Director of Planning re: Correspondence from Sorensen Gravely Lowes re: Report PL00-084 - Draft Official Plan Amendment # 34, Yonge Street South Urban Expansion Area Secondary Plan; and  Report PL00-087 - Site Plan Amendment Application, York Region District School Board, Block A, R.P. 475, 85 Tecumseh Drive - Aurora Heights Public School, D11-06-94. CARRIED III ADOPTION OF MINUTES Council Meeting No. 19-00, Tuesday, June 27, 2000 Special Council – Public Planning Meeting No. 20-00, Wednesday, June 28, 2000 Moved by Councillor West Seconded by Councillor Morris THAT the Minutes of Meeting Numbers 19-00 and 20-00 be adopted as printed and circulated. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 2, 6, 7, 18, 26 and 27 were identified for discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Griffith Seconded by Councillor Hinder 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. GamePlan Management for Magna International re: Request Permission to Use Mobile Sign to Advertise Hoedown 2000 to be Held on September 9, 2000; and Request for an Extension of the Noise By-law for September 9, 2000 until 12:00 a.m. THAT the request from Magna International to place mobile signs at Ab Cox Pontiac Buick GMC and Aurora Chamber of Commerce to advertise Hoedown 2000 to be held on Saturday, September 9, 2000 and the request for exemption from the noise By-law for the Hoedown be approved. Aurora Council Minutes No. 21-00 Page 3 Tuesday, July 18, 2000 3. ADM00-002 - By-law to Dedicate lands as Public Highway on Reference Plans 65R-21186 and 65R-22154 THAT By-law 4198-00.T, being a by-law to dedicate certain lands as public highway on Reference Plan 65R-21186 and 65R-22154 be provided 1st, 2nd, and 3rd reading. 4. ADM00-003 - Transfer of Easement to Bell Canada over Part of Block 34, Plan 65M-3123 (Vandorf Sideroad and Bayview Avenue) THAT Council approve the Transfer of an Easement over Part of Block 34, Plan 65M-3123 to Bell Canada; and THAT the Mayor and Clerk be authorized to execute the necessary documents to give effect to same. 5. BA00-009 - Request for Model Home Agreement Bayview Wellington North Subdivision THAT Council endorse a change in policy with respect to the construction of model homes and, THAT Council authorize the Mayor and Clerk to execute model home agreements between the Town of Aurora and Bayview Wellington Homes (Aurora) Inc. and Arista Homes (Bayview Greens Inc.) to allow for the construction of model homes prior to registration of the Plan of Subdivision for the Bayview Wellington North Subdivision. 8. LS00-028 - Extension of Agreement – Recreation Leisure Services Ltd. (formerly Biase’s Gourmet Fine Foods) THAT Council authorize an extension of the Agreement with Recreation Leisure Services Ltd. for one (1) year commencing August 1, 2000 to July 31, 2001. 9. LS00-029 - Request for Proposal No. L.S. 2000-13 Purchase of Three Playground Systems THAT Council award Request For Proposal No. L.S. 2000-13, purchase and installation of three playground systems to Little Tikes Commercial Play Systems (Canada) Inc. for the all inclusive Net Proposal Price of $101,014.64. THAT Council authorize an additional expenditure of $30,000.00 for site preparation work associated with the installation of three play ground systems to be undertaken by Parks Division Staff THAT Council approve the replacement of one additional playground system located at Willow Creek Park in the year 2000 utilizing surplus funds resulting from savings associated with this Request for Proposal No. L.S. 2000-13. Aurora Council Minutes No. 21-00 Page 4 Tuesday, July 18, 2000 10. PL00-064 - Draft Plan of Subdivision 690346 Ontario Limited, 1207309 Ontario Limited and The Alpen House Limited Part of Lots 19 and 20, Concession 1 E.Y.S. South side of Wellington Street East, between Bayview Avenue and Leslie Street D12-00-3A THAT Council receive for information the following overview of the application for draft plan of subdivision D12-00-3A from 690346 Ontario Limited, 1207309 Ontario Limited and The Alpen House Limited scheduled for the August 23, 2000 public planning meeting 11. PL00-076 - Zoning By-law Amendment and Exemption From Part Lot Control J. A. Developments Inc. 14689 Bathurst Street Lot 33 and Block 38, Registered Plan 65M-3222 File No. D14-24-98 and D12-PLC-01-99 THAT, Council receive for information planning report PL00-076 regarding the zoning by-law amendment and exemption from part lot control for J.A. Developments Inc. at 14689 Bathurst Street; and THAT, Council enact the site specific zoning by-law 4200-00.D, being a by-law to rezone the subject lands to permit a reduced lot frontage and facilitate the division of Lot 33 and Block 38, Registered Plan 65M- 3222 at the next available Council meeting; and THAT, upon signing of the agreement and the zoning by-law 4200- 00.D coming into force, Council enact the part lot control by-law 4201- 00.D, being a by-law to permit the division of Lot 33 and Block 38, Registered Plan 65M-3222 into two separate lots. 12. PL00-078 - Release for Registration 1207309 Ontario Inc., 6904346 Ontario Inc. and The Alpen House Limited Magna Golf Course Lands Part of Lots 17, 18, 19 and 20, Concession II, E.Y.S. D12-98001A THAT the Mayor and Clerk be authorized to execute the revisions to the Subdivision Agreement dated August 25, 1999 as revised July 18, 2000 between the Town of Aurora and 1207309 Ontario Inc., 690346 Ontario Inc. and The Alpen House Limited with respect to the lands, as defined within the Agreement, contained within Draft Plan of Subdivision 19T-98001A. 13. PL00-079 - Draft Plan of Condominium 1255857 Ontario Limited Part of Lot 75, Concession 1 E.Y.S. (South of Vandorf Sideroad and West of Bayview Avenue) File Number D07-95014 THAT the Mayor and Clerk be authorized to enter into a condominium agreement dated July 18, 2000 between the Town of Aurora and 1255857 Ontario Limited with respect to the lands, as defined within the Agreement, contained within Draft Plan of Condominium D07-95014 to be registered on title to the lands subject to: • the payment of fees; and • the dedication of the public road access to Vandorf Sideroad. Aurora Council Minutes No. 21-00 Page 5 Tuesday, July 18, 2000 14. PL00-080 - Application for Exemption from Part Lot Control Arista Homes (Aurora) Inc. Lots 19 and 23, Registered Plan 65M-3324 Baywell Crescent and Stiles Avenue D12-PLC-03-00 THAT Council approve the request for exemption from Part Lot Control made by Arista Homes (Aurora) Inc. to divide Lots 19 and 23, Registered Plan 65M-3324 into separate lots. THAT Council enact By-law number 4202-00.D. 15. PL00-081 - Application for Exemption from Part Lot Control Bayview Business Park Inc. Blocks 42 and 43, Registered Plan 65M-3324 Hollandview Trail and Baywell Crescent D12-PLC-04-00 THAT Council approve the request for exemption from Part Lot Control made by Bayview Business Park Inc. to divide Blocks 42 and 43, Registered Plan 65M-3324 into separate blocks. THAT Council enact By-law number 4203-00.D. 16. PL00-082 - Proposed Draft Plan of Subdivision Draft Conditions of Approval 1351586 Ontario Limited 119 Vandorf Sideroad File: D12-99003A;and Correspondence from Invar Building Corporation THAT Council grant draft plan of subdivision approval for draft plan D12-99003A prepared by Marshall, Mackin, Monaghan Limited, dated June 1999 and revised on July 6, 2000, subject to the conditions of draft approval, attached as “Appendix A”. 17. PL00-083 - Draft Plan of Condominium Yorkwood Homes Wellington Inc. Part of Lot 81, Concession 1, E.Y.S., and more particularly described as Part 2, Plan 65R- 17698 (North of Wellington Street and East of John West Way) File Number D07-02-00-A THAT the proposed plan of condominium D07-02-00-A be draft approved by the Town of Aurora subject to the conditions on APPENDIX 1 being met prior to final approval. 19. PL00-085 - Proposed Official Plan and Zoning By-law Amendment Application Chafam Premiere Inc. Part of Lots 5,6, and 7 Plan 65M-2874 St. Johns Sideroad, and Earl Stewart Drive, D14-14-00, D09-05-00 THAT Council receive as information the following overview of Official Plan Amendment and Zoning By-law Amendment applications D09-05- 00 and D14-14-00, scheduled for consideration at the August 23, 2000 Public Planning Meeting. Aurora Council Minutes No. 21-00 Page 6 Tuesday, July 18, 2000 21. PW00-033 - Assumption of Obligations Regarding the “Beavertop” Lands THAT Council authorize the Mayor and Clerk to execute the attached agreement between the Town and the Canadian Imperial Bank of Commerce providing for the payment of funds to allow the Town to assume the servicing and landscaping obligations associated with the Subdivision Agreement for the Beavertop Investments lands (D12- 88060); THAT Council approve the issuance of a Certificate of Acceptance of Public Works for this subdivision by the Director of Public Works upon receipt of the funds and execution of the agreement; and THAT an interest bearing reserve fund be established with the funds received from the Canadian Imperial Bank of Commerce to be used by the Departments of Public Works and Leisure Services as needed for works within the Beavertop lands. 22. PW00-034 - School Crossing Guards at Various Locations THAT a Crossing Guard not be placed at the intersection of Aurora Heights Drive and Tecumseh Drive; THAT the request for a Crossing Guard or a Pedestrian Cross-Over at the intersection of Stone Road and Crow’s Nest Gate be denied at this time; THAT staff be requested to review the need for a Crossing Guard or a Pedestrian Cross-Over in the vicinity of Stone Road and Crow's Nest Gate and report further to Council on this matter in the fall of 2000; and THAT the Crossing Guard at the intersection of Murray Drive and Glass Drive be transferred to the intersection of Murray Drive and Seaton Drive. 23. PW00-035 - Approval to Execute a Pre-Servicing Agreement - Burgon Place Subdivision (19T-95067) THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and 1418146 Ontario Inc. to permit the servicing of the lands in Burgon Place Subdivision (19T-95067) subject to the following conditions: (a) Issuance of the necessary Certificates of Approval from the Ministry of Energy and Environment and Lake Simcoe Region Conservation Authority for all the underground services; (b) Issuance of a permit under the Topsoil Preservation By-law; (c) Signing of the engineering plans for the construction of the municipal services; (d) Receipt of proof of insurance indemnifying the Town in an amount of $10,000.000.00; and (e) Receipt of engineering fees and securities in accordance with the standard procedures for subdivision developments in the amounts specified. Aurora Council Minutes No. 21-00 Page 7 Tuesday, July 18, 2000 24. PW00-036 - Approval to Execute a Preservicing Agreement – Heathwood Homes (Aurora) Limited (19T-92011) THAT Council authorize the Mayor and Clerk to execute an agreement between the Town of Aurora and Heathwood Homes (Aurora) Limited to permit the servicing of lands in the Allen Group (Old Park) subdivision (19T-92011) subject to the following conditions: (a) Issuance of the necessary Certificates of Approval from the Ministry of Energy and Environment for all the underground services; (b) Receipt of proof of insurance indemnifying the Town in an amount of $10,000.000.00; (c) Receipt of engineering fees and securities in accordance with standard procedures for subdivision developments; (d) Signing of the engineering plans for the construction of the municipal services. 25. PW00-037 - Acceptance of Municipal Services for Bayview-Vandorf Subdivision - Phase 1 Registered Plan 65M-3123 THAT Council accept the municipal services contained within Phase 1 of Registered Plan 65M-3123 (Bayview-Vandorf Subdivision), including the external water booster pumping station; and THAT the Director of Public Works be authorized to issue a Certificate of Acceptance of Public Works for said services as required under Section 3.12 of the Subdivision Agreement. CARRIED Mayor Jones, having previously declared an interest in Items 3, 13, 16 and 25, relinquished the Chair to Deputy Mayor West during the consideration of these matters and did not take part in the vote called for in this regard. Upon conclusion of these matters, Mayor Jones resumed the Chair. VI DELEGATIONS Mayor Jones, having previously declared an interest in the delegation of the Ratepayers of Aurora Yonge South and in Report PL00-084, relinquished the Chair to Deputy Mayor West. During the consideration of this matter he left the Council Chambers. Ratepayers of Aurora Yonge South re: Yonge Street South Urban Expansion Area Secondary Plan Ms. Susan Walmer informed Council that the Ratepayers of Aurora Yonge South had met with Planning Staff and the Consultant to discuss the concerns residents have in the area regarding the Secondary Plan. She advised that most of the concerns have been resolved. However, the concern with increased traffic on Edlerberry Trail when the area is developed is still an issue that should be looked at. Ms. Walmer suggested that if the access road in the Plan could be removed or be for emergency access only, that would resolve the final issue the residents have with the Secondary Plan. Moved by Councillor Hartwell Seconded by Councillor Morris THAT the comments of the delegate be received. CARRIED Aurora Council Minutes No. 21-00 Page 8 Tuesday, July 18, 2000 Moved by Councillor Hartwell Seconded by Councillor Morris THAT Report PL00-084 be brought forward for discussion at this point in the Agenda. CARRIED 18. PL00-084 - Draft Secondary Plan, OPA # 34 Yonge Street South Urban Expansion Area Master Servicing Study and Secondary Plan, D09-03-99; and Correspondence from Cathy Gravely of Sorensen Gravely Lowes Moved by Councillor Griffith Seconded by Councillor Morris THAT Report No. PL00-084 and Technical Memorandum prepared by SGL addressing the comments received at the Public Planning Meeting for the Yonge Street South Urban Expansion Area Draft Secondary Plan (Official Plan Amendment No. 34), be received; THAT proposed alterations to the draft Secondary Plan contained within the Technical Memorandum address issues raised at the Public Meeting be endorsed; THAT staff be directed to finalize the Yonge Street South Urban Expansion Area Draft Secondary Plan (Official Plan Amendment No. 34) as set out in the Technical Memorandum and further detailed in Draft 2 of OPA # 34 dated July, 2000; THAT a Special Council meeting be scheduled for July 25, 2000 at 4:00 p.m. to consider enacting the by-law adopting OPA # 34; THAT Section 14.5 of the Draft Secondary Plan be amended to provide the inclusion of bicycle path; and THAT Section 3.6 of the Draft Secondary Plan be revised as indicated in the correspondence from Sorensen Gravely Lowes. CARRIED Upon conclusion of this matter, Mayor Jones resumed the Chair. At this point in the meeting, Councillor Hogg came to the meeting. Delegation of David Hirsh and John Foster re: Report PL00-086 - Proposed Plan of Subdivision, Part of Lot 79, concession I, W.Y.S. Kennedy Street West, 750179 Ontario Limited Mr. David Hirsh informed Council that the former engineers for the site were unable to meet his timetable to develop the property this year. He advised that he has retained a new engineer, John Foster who is working on the Plan. Mr. John Foster indicated that he was in the process of updating and modifying the existing engineering design drawings to conform to the current Town's standards and to address some concerns of the Town's. He advised that a submission would be provided to the Town by the end of this week or early next week. Mr. Hirsh asked Council to defer the matter to the next Council meeting by which time a timetable would be provided and he would report to Council at that time. Aurora Council Minutes No. 21-00 Page 9 Tuesday, July 18, 2000 20. PL00-086 - Proposed Plan of Subdivision Part of Lot 79, concession I, W.Y.S. Kennedy Street West, 750179 Ontario Limited David Hirsh Moved by Councillor Healy Seconded by Councillor Hartwell THAT the report be deferred to the next Council Meeting scheduled for August 22, 2000 and during the interim that the applicant will provide to the Town a full engineering submission. On a recorded vote, the motion was CARRIED YEAS: 6 NAYS: 3 VOTING YEAS: Councillors Griffith, Hartwell, Healy, Hinder, Hogg and McKenzie VOTING NAYS: Councillors Morris, West and Mayor Jones. VII CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 2. Ontario Equestrian Federation re: Resolution Passed by Town of Whitchurch-Stouffville regarding Mandatory Regulation of Horse Establishments Moved by Councillor Morris Seconded by Councillor Hartwell THAT the correspondence be received as information. CARRIED 6. CS00-031 - Revision – Administration Procedure Number 28 Employment Expenses Moved by Councillor West Seconded by Councillor Morris THAT the Report be referred back to staff to review the process in which the rate is to be established. CARRIED 7. CS00-032 - Questions on the Election Ballot Moved by Councillor Healy Seconded by Councillor McKenzie THAT the Town support the proposal of Ms. Housser and develop a question in these terms so that it could be included on the election ballot. DEFEATED Moved by Councillor Griffith Seconded by Councillor Hogg THAT the correspondence from the Ministry of Municipal Affairs and Housing regarding the Direct Democracy Through Municipal Referendums Act be received as information; and THAT the correspondence from Linda Housser be received; and Aurora Council Minutes No. 21-00 Page 10 Tuesday, July 18, 2000 THAT given the limited time imposed by the provincial regulations, a question not be placed on the ballot of the forthcoming municipal elections. CARRIED 26. TR00-016 - Community Service Support Rationalization Mayor Jones, having previously declared an interest in this Report, relinquished the Chair to Deputy Mayor West during the consideration of this matter and left the Council Chambers. Moved by Councillor Hogg Seconded by Councillor Morris THAT Council continue the financial administration of the Timberlane Tennis Classic, the Millenium Gardens and the Arts and Culture Fund. THAT Council direct the Treasurer to reimburse the Mayor’s Charity Golf Classic Committee the balance of donations less expenditures to facilitate their independent administration. THAT Council direct the Treasurer to reimburse the TOAST foundation the balance of donations less expenditures to facilitate their independent administration. THAT Council direct the Treasurer to reimburse the ACAP committee the balance of donations less expenditures to facilitate their independent administration. THAT Council direct the Treasurer to investigate and report back to Council on the logistics of creating a Foundation for the Arts and Culture Fund. THAT the provision of financial services for the Annual Salvation Army Kettle Drive be continued as it has in the past. THAT Council endorse the continued provision of payroll services to the Aurora Museum. THAT the March For Parks donations currently deposited with the Town of Aurora be retained for the designated park projects. THAT the Director of Leisure Services be directed to report back to Council on the future March For Parks fund raising activity. THAT future requests for financial administrative service for community activities be evaluated for conformity to the following criteria: • Activity is directly Town-related and is linked to a “core program” • Activity transactions are under, or planned to be under Council’s budgetary control. CARRIED Upon conclusion of this matter, Mayor Jones resumed the Chair. Aurora Council Minutes No. 21-00 Page 11 Tuesday, July 18, 2000 27. TR00-018 - Deferred Payment of Development Charges 754326 Ontario Limited – 160 and 162 Wellington St. E. Moved by Councillor Griffith Seconded by Councillor Morris THAT the Mayor and Clerk be authorized to enter into an agreement with 754326 Ontario Limited (applicant) to defer payment of 50% of the development charges for Site Plan D11-04-98 no later than 12 months after the issuance of a building permit or registration of the condominium, whichever comes first, providing that a Letter of Credit for the full amount of development charges payable has been submitted by the applicant prior to the issuance of a building permit. DEFEATED Moved by Councillor West Seconded by Councillor Hogg THAT the Mayor and Clerk be authorized to enter into an agreement with 754326 Ontario Limited (applicant) to defer payment of development charges for Site Plan D11-04-98 no later than 12 months after the issuance of a building permit or registration of the condominium, whichever comes first, providing that a Letter of Credit for the full amount of development charges payable has been submitted by the applicant prior to the issuance of a building permit. CARRIED 28. PL00-087 - Site Plan Amendment Application York Region District School Board Block A, R.P. 475 85 Tecumseh Drive – Aurora Heights Public School D11-06-94 Moved by Councillor McKenzie Seconded by Councillor Hartwell THAT Report PL00-087 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 The York Region District School Board and Town of Aurora respecting the construction of an expansion to the existing school, parking lot and to establish an off street bus loop. CARRIED VIII READING OF BY-LAWS Moved by Councillor McKenzie Seconded by Councillor Griffith THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4198-00.T Being a By-law to dedicate certain lands as public highway on Reference Plans 65R-21186 and 65R-22154. CARRIED Mayor Jones, having previously declared an interest in By-law No. 4198-00.T, relinquished the Chair to Deputy Mayor West during the consideration of this matter and did not take part in the vote called for in this regard. Upon conclusion of this matter, Mayor Jones resumed the Chair. Aurora Council Minutes No. 21-00 Page 12 Tuesday, July 18, 2000 Moved by Councillor Hogg Seconded by Councillor Griffith THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 4202-00.D Being a By-law to exempt certain Lots on Registered Plan 65M-3324 in Aurora Aurora, from the Part Lot Control provisions as provided in subsection 50 (5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Arista Homes (Aurora) Inc.). 4203-00.D Being a By-law to exempt certain Blocks on Registered Plan 65M-3324 in Aurora, from the Part Lot Control provisions as provided in subsection 50 (5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Bayview Business Park Inc.). 4204-00.T Being a By-law to amend Parking By-law 3377-92 as amended, with respect to Metcalfe Street. 4205-00.T Being a By-law to amend Parking By-law 3377-92, as amended. 4206-00.D Being a By-law to provide for the annual remuneration to be paid to the Mayor and Members of Council. CARRIED IX IN CAMERA Legal and Personnel Matters Moved by Councillor Hogg Seconded by Councillor Hinder THAT this Council proceed In Camera to address legal and personnel matters. CARRIED X ADJOURNMENT Moved by Councillor Hinder THAT the meeting be adjourned at 8:40 p.m. CARRIED