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MINUTES - Council - 20170613 Town of Aurora Council Meeting Minutes Council Chambers Aurora Town Hall Tuesday, June 13, 2017 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes (arrived 7:15 p.m.), Kim, Mrakas, Pirri, Thom, and Thompson Members Absent None Other Attendees Marco Ramunno, Director of Planning and Building Services (Acting Chief Administrative Officer),Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Al Downey, Director of Parks, Recreation and Cultural Services, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Linda Bottos, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. Council consented to recess the meeting at 8:48 p.m. and reconvene the meeting at 9 p.m. 1. Approval of the Agenda Moved by Councillor Kim Seconded by Councillor Pirri That the agenda as circulated by Legislative Services, with the following additions, be approved: • Delegation (b) Kim Beckman and Cheryl Shindruk, Highland Gate Developments Inc.; Re: Motion (b) Councillor Gaertner and Councillor Mrakas; Re: Highland Gate Redevelopment Council Meeting Minutes Tuesday, June 13, 2017 Page 2 of 18 • Item R2 – Correspondence from Highland Gate Developments Inc. dated June 12, 2017; Re: Motion (b) Councillor Gaertner and Councillor Mrakas; Re: Highland Gate Redevelopment • Notice of Motion (a) Councillor Abel; Re: Town Park Permit Fee On a two-thirds vote the motion Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 3. Presentations None 4. Delegations (a) Laura Lueloff and Richard Doust, Members of the Trails and Active Transportation Committee Re: Bike Aurora Day Ms. Lueloff and Mr. Doust announced that the inaugural Bike Aurora event, a celebration of Aurora’s scenic trails and cycling, will be launched at 10 a.m. on Saturday, June 24, 2017, followed by further activities and a barbecue at the Aurora Seniors’ Centre. Moved by Councillor Thom Seconded by Councillor Gaertner That the comments of the delegation be received for information. Carried (b) Kim Beckman and Cheryl Shindruk, Highland Gate Developments Inc. Re: Motion (b) Councillor Gaertner and Councillor Mrakas; Re: Highland Gate Redevelopment Council Meeting Minutes Tuesday, June 13, 2017 Page 3 of 18 Ms. Shindruk, Executive Vice President, Land Development, of Geranium Corporation, provided background and highlighted elements of the correspondence from Highland Gate Developments Inc. (agenda item R2). She noted that the company and team have been guided by the commitments of the Minutes of Settlement, the Town’s existing protocols and input of Town staff, and that the matters outlined in Motion (b) are captured by those provisions. Ms. Shindruk stated that the collaboration with Town staff and community representatives will be continued to ensure that the construction process is carefully managed and that all issues are addressed quickly. Moved by Councillor Abel Seconded by Councillor Thompson That the comments of the delegation be received and referred to Motion (b). Carried 5. Consent Agenda Council consented to consider Item C1(sub-item R13) under Section 6, Consideration of Items Requiring Discussion (Regular Agenda) as Item R3. Moved by Councillor Thom Seconded by Councillor Pirri That the following Consent Agenda items, C1 (with the exception of sub-item R13) to C3 inclusive, be approved: C1. General Committee Meeting Report of June 6, 2017 1. That the General Committee meeting report of June 6, 2017, be received and the following recommendations carried by the Committee approved. (C1) CS17-012 – Licensing of Medical Marihuana Facilities 1. That Report No. CS17-012 be received for information. (C2) Accessibility Advisory Committee Meeting Minutes of March 1, 2017, and April 5, 2017 Council Meeting Minutes Tuesday, June 13, 2017 Page 4 of 18 1. That the Accessibility Advisory Committee meeting minutes of March 1, 2017, and April 5, 2017, be received for information. (C3) Finance Advisory Committee Meeting Minutes of March 22, 2017 1. That the Finance Advisory Committee meeting minutes of March 22, 2017, be received for information. (C4) Strategic Plan Steering Committee Meeting Minutes of March 30, 2017 1. That the Strategic Plan Steering Committee meeting minutes of March 30, 2017, be received for information. (C5) Environmental Advisory Committee Meeting Minutes of April 6, 2017 1. That the Environmental Advisory Committee meeting minutes of April 6, 2017, be received for information. (C6) Parks, Recreation and Cultural Services Advisory Committee Meeting Minutes of April 20, 2017 1. That the Parks, Recreation and Cultural Services Advisory Committee meeting minutes of April 20, 2017, be received for information. (C7) Memorandum from Councillor Mrakas Re: Correspondence from Chair, OMB Reform Working Group 1. That the memorandum regarding Correspondence from Chair, OMB Reform Working Group, be received for information. (R1) CS17-017 – Sign Variance Request for the Canadian Disc Institute at 15000 Yonge Street 1. That Report No. CS17-017 be received; and Council Meeting Minutes Tuesday, June 13, 2017 Page 5 of 18 2. That the request for a variance to Bylaw No. 5840-16, being a by- law respecting signs within the Town of Aurora, for the Canadian Disc Institute at 15000 Yonge Street, be denied. (R2) PBS17-021 – Draft Plan of Condominium Application, Brookfield Homes (Ontario) Aurora Ltd., 555 William Graham Drive, Block 30, Plan 65M-4467, File: CDM-2016-05 1. That Report No. PBS17-021 be received; and 2. That the Draft Plan of Condominium File No. CDM-2016-05 for a mixed use condominium consisting of two four (4)-storey buildings, with a total of 179 residential units including 508.4 square metres of commercial space, subject to conditions set out in Appendix “A” to this report be approved; and 3. That the Mayor and Town Clerk be authorized to execute any Agreement(s) referenced in the Conditions of Approval, including any and all documents and ancillary agreements required to give effect to same. (R3) PBS17-042 – Application for Site Plan Approval, MBH Aurora Lodging GP Ltd., Lot 1, Registered Plan 65M-4324, Northwest corner of Goulding Avenue and Eric T. Smith Way, File Number: SP-2017-04, Related Files: D14-05-04 and D12-05-1A 1. That Report No. PBS17-042 be received; and 2. That site plan application number SP-2017-04 (MBH Aurora Lodging GP Ltd.) to permit the development of the subject lands for a four-storey, 108-room hotel be approved; and 3. That the Mayor and Town Clerk be authorized to execute the site plan agreement, including any and all documents and ancillary agreements required to give effect to same. Council Meeting Minutes Tuesday, June 13, 2017 Page 6 of 18 (R4) PBS17-044 – Application for Site Plan Approval, RCG Aurora North GP Inc., 800 St. John’s Sideroad, Northeast Corner of Bayview Avenue and St. John’s Sideroad, File Number: SP-2017-01, Related Files: OPA-2012-02 and ZBA-2012-09 1. That Report No. PBS17-044 be received; and 2. That site plan application number SP-2017-01 (RCG Aurora North GP Inc.) to permit the development of the subject lands for six commercial buildings be approved; and 3. That the Mayor and Town Clerk be authorized to execute the site plan agreement, including any and all documents and ancillary agreements required to give effect to same. (R5) PBS17-016 – Applications for Zoning By-law Amendment and Draft Plan of Subdivision, 2352107 Ontario Inc., 1588 St. John’s Sideroad, Part of Lot 26, Concession 3, File Numbers: ZBA-2015-05 and SUB-2015-02 1. That Report No. PBS17-016 be received; and 2. That Application to Amend the Zoning By-law File No. ZBA-2015-05 (2352107 Ontario Inc.), to implement the proposed Draft Plan of Subdivision be approved; and 3. That Application for Draft Plan of Subdivision File No. SUB-2015-02 (2352107 Ontario Inc.), to allow the development of a business park development consisting of nine (9) Employment blocks, one (1) Environmental Buffer block and one (1) Environmental Protection area for a total of 19.38 hectare of the subject lands be approved, subject to the conditions outlined in Schedule “A” of this report; and 4. That the implementing Zoning By-law Amendment be presented at a future Council Meeting; and 5. That the Urban Design Guidelines for the subject lands, prepared by Ware Malcomb, dated May 2015, as amended be approved; and Council Meeting Minutes Tuesday, June 13, 2017 Page 7 of 18 6. That the Mayor and Town Clerk be authorized to execute a Subdivision Agreement, including any and all documents and all of the Agreements referenced in the Conditions of Approval, including any ancillary agreements required to give effect to same. (R6) CS17-016 – Animal Control By-law Amendments 1. That Report No. CS17-016 be received; and 2. That amendments to By-law Number No. 5642-14, being a by-law to regulate various matters relating to the licensing and keeping of animals in the Town of Aurora, be enacted at a future Council meeting. (R7) FS17-025 – Creation of New Winter Control Reserve Fund 1. That Report No. FS17-025 be received; and 2. That the necessary bylaw to create a Winter Control Reserve Fund be brought forward by staff for adoption; and 3. That $500,000 be transferred from the Tax Rate Stabilization Reserve Fund into the new Winter Control Reserve Fund; and 4. That the strategy for the use of the new reserve fund set out in Report No. FS17-025 be incorporated into the annual year-end surplus control bylaw passed by Council each fall. (R8) FS17-026 – Reserve Fund Strategy for External Legal and Occasional Human Resources Expenses 1. That Report No. FS17-026 be received; and 2. That the strategy for the use of the tax rate stabilization reserve fund for external legal costs and occasional human resources costs as set out in Report No. FS17-026 be incorporated into the annual year-end surplus control bylaw passed by Council each fall. (R9) FS17-027 – Hotel Development Charges – Deferrals Council Meeting Minutes Tuesday, June 13, 2017 Page 8 of 18 1. That Report No. FS17-027 be received; and 2. That, until the current Town Development Charges By-law No. 5585-14 is repealed, the Treasurer and CAO be authorized to enter into and sign Development Charges Deferral Agreements for hotel or motel developments which defer the excess amounts that the development is required to pay over the amount determined for an office building of the same gross floor area, provided that such hotel/motel have non-lodging uses whose Gross Floor Area (GFA) does not exceed 33% of the GFA used for lodging; and 3. That the similar authorization to enter deferral agreements for hotels or motels approved on August 11, 2015, be withdrawn; and 4. That staff undertake a detailed review of development charges for hotels and motels in the next update of the Town’s Development Charges By-law. (R10) IES17-026 – On-Street Parking Concerns on Wiles Court 1. That Report No. IES17-026 be received; and 2. That parking be prohibited at any time on the west side of Wiles Court from Murray Drive to a point 58 metres north of Murray Drive; and 3. That a by-law be enacted to implement the above recommendation; and 4. That a letter be sent to all affected residents outlining Council’s direction. (R11) IES17-027 – Vandorf Sideroad Maximum Rate of Speed Amendment 1. That Report No. IES17-027 be received; and 2. That the prescribed maximum rate of speed on Vandorf Sideroad from Leslie Street to 600m west of Leslie Street be reduced from 60km/h to 50km/h; and Council Meeting Minutes Tuesday, June 13, 2017 Page 9 of 18 3. That the necessary By-law be enacted at the Council meeting of June 13, 2017. (R12) IES17-028 – Cleaning of Catch Basins, Storm Detention Tanks and Oil Grit Separators 1. That Report No. IES17-028 be received; and 2. That Capital Project No. 42063 Catch Basin Cleaning be approved; and 3. That funding for the work be allocated from the Storm Sewer Reserve Fund; and 4. That staff report back to Council with the Request for Quotation results including cost implications, recommendations for moving forward with the work and a plan of action associated with a future maintenance program for this infrastructure. (R14) Memorandum from Mayor Geoffrey Dawe Re: Accessibility Advisory Committee – Council Liaison 1. That the memorandum regarding Accessibility Advisory Committee – Council Liaison be received; and 2. That Councillor John Abel replace Councillor Sandra Humfryes as Council Liaison on the Accessibility Advisory Committee effective immediately. C2. Council Meeting Minutes of May 23, 2017 1. That the Council meeting minutes of May 23, 2017, be adopted as printed and circulated. C3. Council Public Planning Meeting Minutes of May 24, 2017 1. That the Council Public Planning meeting minutes of May 24, 2017, be adopted as printed and circulated. Carried Council Meeting Minutes Tuesday, June 13, 2017 Page 10 of 18 6. Consideration of Items Requiring Discussion (Regular Agenda) R1. FS17-033 – Additional Information to Item C1(R13) – Summary of Committee Recommendations Report No. 2017-05, Re: Parks, Recreation and Cultural Services Advisory Committee Meeting Minutes of April 20, 2017 Moved by Councillor Thom Seconded by Councillor Pirri 1. That Report No. FS17-033 be received; and 2. That 2017 Capital Project No. 73301, Canine Commons Leash Free Park Improvements, be approved in the amount of $72,000, to be funded from the Parks & Recreation Repair & Replacement Reserve Fund. On a recorded vote the motion Carried Yeas: 9 Nays: 0 Voting Yeas: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: None R2. Correspondence from Highland Gate Developments Inc. dated June 12, 2017 Re: Motion (b) Councillor Gaertner and Councillor Mrakas; Re: Highland Gate Redevelopment Moved by Councillor Thom Seconded by Councillor Kim 1. That the Correspondence from Highland Gate Developments Inc. dated June 12, 2017, regarding Motion (b) Councillor Gaertner and Councillor Mrakas; Re: Highland Gate Redevelopment be received for information. Carried R3. General Committee Meeting Report of June 6, 2017 (R13) Summary of Committee Recommendations Report No. 2017-05 Council Meeting Minutes Tuesday, June 13, 2017 Page 11 of 18 Moved by Councillor Gaertner Seconded by Councillor Pirri 1. That Summary of Committee Recommendations Report No. 2017-05 be received; and 2. That the Committee recommendations contained within this report be approved. Carried 7. Notices of Motion (a) Councillor Abel Re: Town Park Permit Fee On a motion of Councillor Abel seconded by Councillor Humfryes, Council consented on a two-thirds vote to waive the Procedure By-law to permit the discussion of Notice of Motion (a) as Motion (c). 8. Motions (a) Councillor Abel Re: Twinning With an Indigenous Community: A Canada 150 Municipal Legacy Moved by Councillor Abel Seconded by Councillor Thom Whereas the Town of Aurora recognizes that the contributions and experiences of Indigenous peoples are part of our country’s shared history; and Whereas municipalities are taking a leadership role in critical areas of importance; and Whereas the Town of Aurora supports the work of all levels of government in advancing reconciliation and renewing a nation-to-nation relationship with Indigenous peoples based on mutual understanding and respect; and Council Meeting Minutes Tuesday, June 13, 2017 Page 12 of 18 Whereas the Town of Aurora is hosting its first-ever Indigenous Festival and New Beginnings Pow Wow as part of our Canada 150 celebrations and wishes to make a commitment to ongoing conversation and partnership with Canada’s Indigenous peoples; and Whereas municipalities will often twin with other like-minded communities to foster friendship, understanding, and awareness; 1. Now Therefore Be It Hereby Resolved That staff be directed to investigate twinning with an Indigenous community in Ontario and report back with details for Council consideration; and 2. Be It Further Resolved That, if the Town of Aurora does move forward and twin with an Indigenous community, that the Federal department of Indigenous and Northern Affairs be notified and requested to poll communities so that a registrar of communities interested in twinning can be developed; and 3. Be It Further Resolved That, if Aurora does twin with an Indigenous community, a notice be sent to the Federation of Canadian Municipalities, the Association of Municipalities of Ontario, and all Ontario municipalities, to encourage twinning between Indigenous and non- Indigenous communities. Carried (b) Councillor Gaertner and Councillor Mrakas Re: Highland Gate Redevelopment On a motion of Councillor Pirri seconded by Councillor Abel, Council consented to consider Motion (b) following consideration of Delegation (b). Main motion Moved by Councillor Gaertner Seconded by Councillor Mrakas Whereas the redevelopment of the Highland Gate Golf Course will be a disruptive process for our residents in the surrounding stable neighbourhood; and Council Meeting Minutes Tuesday, June 13, 2017 Page 13 of 18 Whereas our Council has a duty to do everything in our power to protect our residents by ensuring that this construction is accomplished as smoothly and respectfully as possible; 1. Now Therefore Be It Hereby Resolved That staff provide a report to Council by July 4, 2017, before any Agreements are signed, that outlines all measures that can be taken to ensure that we have the ability, in writing, to mitigate the impacts of the construction, and that these include, but are not limited to, the following: • Conditions that must be met in the Pre-Servicing and Subdivision agreements, including mitigation measures; and • The process should there be any contravention of the Town's Conditions or Requirements; and • The staff person responsible for addressing residents’ concerns, and in what required time frame; and • Should any amendments to our By-laws be requested that will affect residents, an outline of the process of how these will be approved and communicated to the affected community; and • Whether the developer's Construction Mitigation Plan, which is provided to the residents for the communication process and construction protocols, will be included in the Conditions of the Subdivision Agreement and Draft Plan or be binding in any way; and • The enforcement of the Agreements in regard to the developer's Letter of Credit. Amendment Moved by Councillor Abel Seconded by Councillor Kim That the operative clause be amended by removing the words “before any Agreements are signed”. Defeated On a recorded vote the main motion Carried Council Meeting Minutes Tuesday, June 13, 2017 Page 14 of 18 Yeas: 9 Nays: 0 Voting Yeas: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, Thompson, and Mayor Dawe Voting Nays: None (c) Councillor Abel Re: Town Park Permit Fee Main motion Moved by Councillor Abel Seconded by Councillor Humfryes Whereas the fee to permit the Town Park Band Shell with utility access is a daily rate of $340; and Whereas the cost to permit the Town Park Band Shell includes electrical plugs for sound equipment and lighting; and Whereas the Aurora Farmers’ Market and Artisan Fair regularly has live music, and found the $340 permit fee a significant barrier for local musicians; and Whereas last term Council resolved to employ an hourly rate—currently $29— to better mitigate the permitting of the Band Shell for short, low-impact musical activities that do not require access to utilities and other support; and Whereas the Town of Aurora has adopted and undertaken a Cultural Master Plan and a Music Strategy that both support the facilitating of cultural events, and the important role that the Town plays to eliminate barriers; and Whereas a family that resides in Aurora has permitted the Band Shell for two (2) hours on Saturday, June 17, 2017, from 2 to 4 p.m. for their six-year-old daughter to play her violin to raise awareness and money for a friend affected by cancer; and Whereas the family requires a portable electric piano to accompany the budding young musician; and Whereas only Council has the ability to waive the permit fee of $340; Council Meeting Minutes Tuesday, June 13, 2017 Page 15 of 18 1. Now Therefore Be It Hereby Resolved That the $340 permit fee be waived for the event to be held in the Town Park Band Shell from 2 to 4 p.m. on Saturday, June 17, 2017. Amendment Moved by Councillor Pirri Seconded by Councillor Thompson That the operative clause be amended to replace the word “waived” with the words “funded through Council’s operating contingency account”. Carried Main motion as amended Moved by Councillor Abel Seconded by Councillor Humfryes 1. Now Therefore Be It Hereby Resolved That the $340 permit fee be funded through Council’s operating contingency account for the event to be held in the Town Park Band Shell from 2 to 4 p.m. on Saturday, June 17, 2017. Carried as amended 9. Regional Report York Regional Council Highlights – May 11 and May 25, 2017 Moved by Councillor Thom Seconded by Councillor Thompson That the Regional Reports of May 11 and May 25, 2017, be received for information. Carried 10. New Business Councillor Thom inquired about the progress of the addition to the Peace Park monument, and staff provided an update. Councillor Kim inquired about the progress of Mavrinac Park, and staff provided an update. Council Meeting Minutes Tuesday, June 13, 2017 Page 16 of 18 Councillor Pirri inquired about the progress of Queen’s Diamond Jubilee Park, and staff provided an update. Councillor Gaertner inquired about a pump house in disrepair at Highland Green, and the Chair provided an update. 11. Public Service Announcements Councillor Gaertner announced that the York Region Pride Parade will be held on Main Street in Newmarket starting at 10:30 a.m. on Saturday, June 17, 2017. Councillor Abel noted the activities and success of the New Beginnings Pow Wow event held at Lambert Willson Park on Saturday, June 3, 2017. Councillor Humfryes extended a reminder regarding the Aurora Farmers’ Market and Artisan Fair being held at Town Park from 8 a.m. to 1 p.m. each Saturday. Councillor Mrakas extended appreciation to staff for the successful Paws in the Park event held in Sheppard’s Bush on June 3, 2017. Councillor Mrakas extended congratulations to Councillor Pirri on his re-election to the Federation of Canadian Municipalities (FCM) Board of Directors. Mayor Dawe noted that a Pride flag-raising ceremony was held today at Town Hall, including representatives of York Regional Police and York Pride Fest, and further information is available at www.yorkpridefest.com. Mayor Dawe announced that the Town Splash Pads are now open for the season. Mayor Dawe noted that the Town is looking for focus group participants to help improve communications with the community, and the group will be meeting at the Aurora Family Leisure Complex from 7 to 9 p.m. on Wednesday, June 21, 2017. Mayor Dawe extended a reminder that June is Recreation and Parks Month. Mayor Dawe noted that the Bike Aurora event will take place on Saturday, June 24, 2017. Council Meeting Minutes Tuesday, June 13, 2017 Page 17 of 18 Mayor Dawe extended a reminder that the Town is seeking youth members to serve on the Youth Engagement Committee, and further information is available at www.aurora.ca/youth. 12. By-laws Moved by Councillor Thom Seconded by Councillor Kim That the following by-laws be enacted: (a) By-law Number 5990-17 Being a By-law to amend Parking and Traffic Control By-law Number 4574-04.T, as amended, to prescribe a Maximum Rate of Speed on various highways in the Town of Aurora (Vandorf Sideroad). (b) By-law Number 5991-17 Being a By-law to set and levy the rates of Taxation for the taxation year 2017. Carried 13. Closed Session None 14. Confirming By-law Moved by Councillor Abel Seconded by Councillor Thompson That the following confirming by-law be enacted: By-law Number 5992-17 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on June 13, 2017. Carried Council Meeting Minutes Tuesday, June 13, 2017 Page 18 of 18 15. Adjournment Moved by Councillor Thom Seconded by Councillor Humfryes That the meeting be adjourned at 10:08 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk The minutes of the Council meeting of June 13, 2017, received final approval by Council on June 27, 2017.