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MINUTES - Special Council - 19951121' < .~- ATTENDANCE TOWN OF AURORA SPECIAL COUNCIL MEETING NO. 37-95 Council Chambers Aurora Town Hall Tuesday, November 21, 1995 5:00p.m. MINUTES COUNCIL MEMBERS Mayor Jones in the Chair; Councillors, McKenzie, Morris, Ochalski, Sorley, and Wallace. STAFF MEMBERS Councillors Griffith and Healy were absent. Councillor Weller was on vacation. Chief Administrative Officer, Municipal Clerk, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works, Acting Treasurer, and Recording Secretary. DECLARATIONS OF INTEREST There were no declarations of interest under the Municipal Conflict of Interest Act. APPROVAL OF AGENDA #664. Moved by Councillor Sorley Seconded by Councillor Morris THAT the content of the Agenda be approved as outlined herein. CARRIED. DELEGATIONS Mr. D. Stewart. Bayview-Wellington Management Inc. re: Subdivision Agreement Between the Town ofAurora and Bayview Business Parks Inc .. Phase I Mr. Roger Beaman, Solicitor representing the proponents, advised Council that his client was anxious to proceed with finalization of the plans and documents necessary to complete the site plan review process with respect to the Community Shopping Centre project. In light of the letter received confirming the Library Board's recommendation to decline the proposed community space within the proposed Shopping Centre site plan, he had been instructed by his client to suggest an alternative to Council. In consideration for his client being Aurora Special Council Minutes No. 37-95 Tuesday, November 21, 1995 Page 2 released from the requirement to provide the 30,000 square feet of space within the shopping centre for community use as stipulated in the approved Performance Agreement, his client is prepared to donate $250,000.00 to the Town to be used for future community space purposes. #665. Moved by Councillor Ocha/ski Seconded by Councillor Wallace THAT the delegation be referred for consideration along with Report CL95-063-364. CARRIED STAFF REPORTS CL95-062-363 -Execution of a Subdivision Agreement between the Town of Aurora and Bayview Business Park Inc .. Phase I Draft Plan of Subdivision 1 9T -881 OO(Rl. Bayview- Wellington Centre #666. Moved by Councillor Sorley Seconded by Councillor Morris THAT, subject to the provision of financial payments and securities as described in Schedules "F" and "H" respectively of the Agreement, the Mayor and Clerk be authorized to execute a Subdivision Agreement dated November 21, 1995, as amended, between the Town of Aurora and Bayview Business Park Inc. with respect to the Phase I lands, as defined within the Agreement, contained within Draft Plan of Subdivision 19T -881 OO(R); THAT the Mayor and Clerk be authorized to execute all documents necessary to effect the transfer of certain lands, reserves, and easements, at the developer's expense, as described in Schedule "G" of the Agreement; THAT upon execution of the Agreement, Council allocate the servicing capacity necessary to provide water and sanitary sewers to the 520 dwelling units and the 13.473 hectares of commercial lands to be constructed within Phase I, Stage I; THAT future servicing allocations for the balance of the lands within the plan be subject to the availability of services at the time such requests are made; THAT final approval for subsequent registrations for the balance of the lands within the plan be contingent upon available allocation of servicing capacity; THAT Staff be directed to amend the provisions of By-law 3604- 95.D, being a By-law to designate a site plan control area, eliminating the requirement for site plan control with respect to the single and semi-detached residential units within the plan; and THAT Council confirm acceptance of the reconfiguration of the park and public and separate school blocks contained within Phase II. CARRIED Aurora Special Council Minutes No. 37-95 Tuesday, November 21, 1995 Page 3 CL95-063-364 -Community Space Provisions Performance Agreement Dated September 28. 1994. Bayview Business Parks Inc. #667. Moved by Councillor McKenzie Seconded by Councillor Morris THAT Council of the Town of Aurora accept the position of the Aurora Public Library Board, as per the appended letter from the Chief Executive Officer dated November 8, 1995; THAT the proposal by Bayview Business Park Inc. to modify the "community space" covenant (clause 17) contained in the Performance Agreement, dated September 28, 1994, by substituting the obligation to provide 30,000 square feet of "community space" in the shopping centre for a $250,000.00 financial contribution, be accepted subject to the execution of a satisfactory formal release; and THAT Staff be authorized to prepare a legal agreement, for execution by the Mayor and Clerk, which will release Bayview Business Park Inc.'s obligation to provide 30,000 square feet of "community space" in the shopping centre in exchange for a financial contribution of $250,000.00, to be deposited in an interest accruing "community space" reserve. CARRIED ADJOURNMENT #668. -----·· Moved by Councillor Wallace THAT the meeting be adjourned at 5:10p.m. __.- / CARRIED T. JONES _,/M-A' L'; (