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MINUTES - Council - 20180130 Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, January 30, 2018 Attendance Council Members Mayor Dawe in the Chair; Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom and Thompson Members Absent None Other Attendees Doug Nadorozny, Chief Administrative Officer, Techa van Leeuwen, Director of Corporate Services, Dan Elliott, Director of Financial Services, Marco Ramunno, Director of Planning and Development Services, Al Downey, Director of Operations, Lisa Warth, Acting Director of Community Services, Stephanie Mackenzie-Smith, Manager of Corporate Communications, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, and Ishita Soneji, Council/Committee Secretary The Chair called the meeting to order at 7 p.m. Mayor Dawe relinquished the Chair to Deputy Mayor Abel at 7:17 p.m., during the consideration of Motions (a) and (b), and resumed the Chair at 7:33 p.m. Council consented to recess the meeting at 8:58 p.m. and reconvened at 9:08 p.m. On a motion of Councillor Pirri seconded by Councillor Kim, Council consented to extend the hour past 10:30 p.m. On a motion of Councillor Thom seconded by Councillor Humfryes, Council consented on a two-thirds vote to extend the hour to 11:15 p.m. Council Meeting Minutes Tuesday, January 30, 2018 Page 2 of 18 1. Approval of the Agenda Moved by Councillor Thompson Seconded by Councillor Gaertner That the agenda as circulated by Legislative Service, with the following additions, be approved: • Delegation (a) Rabbi Yosef Hecht, Chabad Lubavitch of Aurora; Re: Motion (b) Mayor Dawe; Re: Menorah Lighting Ceremony • Delegation (b) Mr. Paul Noland, Re: Motion (a) Mayor Dawe; Re: Review of Restrictions on the Parking of Commercial Motor Vehicles on Residential Streets 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) Rabbi Yosef Hecht, Chabad Lubavitch of Aurora Re: Motion (b) Mayor Dawe; Re: Menorah Lighting Ceremony Rabbi Hecht, Executive Director of Chabad Aurora, spoke in support of the motion and expressed gratitude for the initiative. Moved by Councillor Gaertner Seconded by Councillor Thompson That the comments of the delegation be received and referred to Motion (b). Carried Council Meeting Minutes Tuesday, January 30, 2018 Page 3 of 18 (b) Paul Nolan, Resident Re: Motion (a) Mayor Dawe; Re: Review of Restrictions on the Parking of Commercial Motor Vehicles on Residential Streets Mr. Nolan expressed concerns regarding commercial vehicle parking on residential streets and spoke in support of the motion. Moved by Councillor Humfryes Seconded by Councillor Thom That the comments of the delegation be received and referred to Motion (a). Carried 5. Consent Agenda Council consented to consider Item C1 (sub-items C8, R1, R2, R3, R4, R6 and R11) under Section 6, Consideration of Items Requiring Discussion (Regular Agenda) as Items R3, R4, R5, R6, R7, R8 and R9 respectively. Moved by Councillor Humfryes Seconded by Councillor Thom That the following Consent Agenda items—C1 (with the exception of sub-items C8, R1, R2, R3, R4, R6 and R11) to C4 inclusive—be approved: C1. General Committee Meeting Report of January 23, 2018 1. That the General Committee meeting report of January 23, 2018, be received and the following recommendations carried by the Committee approved: (C3) FS18-001 – Contracts Awarded Under Delegated Authority 1. That Report No. FS18-001 be received for information. (C4) Heritage Advisory Committee Meeting Minutes of November 13, 2017 1. That the Heritage Advisory Committee meeting minutes of November 13, 2017, be received for information. Council Meeting Minutes Tuesday, January 30, 2018 Page 4 of 18 (C5) Parks, Recreation and Cultural Services Advisory Committee Meeting Minutes of November 30, 2017 1. That the Parks, Recreation and Cultural Services Advisory Committee meeting minutes of November 30, 2017, be received for information. (C6) Environmental Advisory Committee Meeting Minutes of December 4, 2017 1. That the Environmental Advisory Committee meeting minutes of December 4, 2017, be received for information. (C7) Accessibility Advisory Committee Meeting Minutes of December 6, 2017 1. That the Accessibility Advisory Committee meeting minutes of December 6, 2017, be received for information. (C9) Trails and Active Transportation Committee Meeting Minutes of November 17, 2017 1. That the Trails and Active Transportation Committee meeting minutes of November 17, 2017, be received for information. (R5) PDS18-003 – Award of Contract – ESRI Canada Limited 1. That Report No. PDS18-003 be received; and 2. That staff be authorized to renew the Enterprise License Agreement with ESRI Canada Limited for a three-year term at a cost of $63,000 per year. (R7) PDS18-006 – Proposal for Zoning By-law Amendment Application 1. That Report No. PDS18-006 be received; and 2. That the Zoning By-law Proposal from the following applicant be accepted as a Zoning By-law Amendment Application: Council Meeting Minutes Tuesday, January 30, 2018 Page 5 of 18 (a) Starlight Investments Ltd. (145 Wellington Street West), File No. ZP-2017-12 (R8) PDS18-008 – Tamarac Stormwater Management Facility Retrofit 1. That Report No. PDS18-008 be received; and 2. That the Mayor and Town Clerk be authorized to execute the necessary Agreement between the Town of Aurora and the Regional Municipality of York allowing the Region to complete the upgrades to the Tamarac Stormwater Management Facility, including any and all documents and ancillary agreements required to give effect to the same. (R9) PDS18-009 – Award of Tender 2017-127-IES-ENG – For Mary Street Sidewalk Construction, including New Right Turn Lanes, AODA Modifications and Pavement Markings 1. That Report No. PDS18-009 be received; and 2. That the total approved construction budget for Capital Project No. 34629 be increased by $85,959 to a total of $787,420, to be funded from the Roads and Related DC Reserve; and 3. That Tender No. 2017-127-IES-ENG, Capital Project No. 34629, for the construction of sidewalk on Mary Street including the addition of right turn lanes, AODA modifications and pavement markings, be awarded to Aloia Bros. Concrete Contractors Ltd. in the amount of $691,170.72, excluding taxes; and 4. That the Mayor and Town Clerk be authorized to execute the necessary Agreement, including any and all documents and ancillary agreements required to give effect to same. (R10) CS17-027 – Ontario Municipal Board Appeals between 2006 to Present 1. That Report No. CS17-027 be received for information. Council Meeting Minutes Tuesday, January 30, 2018 Page 6 of 18 C2. Council Meeting Minutes of December 12, 2017 1. That the Council meeting minutes of December 12, 2017, be adopted as printed and circulated. C3. Council Closed Session December 12, 2017 1. That the Council Closed Session minutes of December 12, 2017, be adopted as printed and circulated. C4. Council Closed Session Public Minutes of December 12, 2017 1. That the Council Closed Session Public minutes of December 12, 2017, be adopted as printed and circulated. Carried 6. Consideration of Items Requiring Discussion (Regular Agenda) Council consented to consider items in the following order: R1, R2, R5, R3, R4, R6, R7, R8 and R9. R1. PDS18-014 – Updated Design for Library Square Motion to refer Moved by Councillor Thom Seconded by Councillor Pirri 1. That Report No. PDS18-014 be referred to the General Committee meeting of February 6, 2018. Defeated Main motion Moved by Councillor Thompson Seconded by Councillor Mrakas 1. That Report No PDS18-014 be received; and 2. That the conceptual design for Library Square be approved; and Council Meeting Minutes Tuesday, January 30, 2018 Page 7 of 18 3. That an increase to Purchase Order No. 1166 by $1,077,500 be authorized to provide for detailed drawings, specifications, and tender documents; and 4. That the additional funding from the Council Discretionary Reserve Fund to allow for detailed design of Library Square be approved. Carried R2. Memorandum from Councillor Pirri Re: Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors and Advocacy Days 2017, November 20-24, 2017 Moved by Councillor Pirri Seconded by Councillor Kim 1. That the memorandum regarding Federation of Canadian Municipalities (FCM) Report to Council, Meeting of the Board of Directors and Advocacy Days 2017, November 20-24, 2017, be received for information. Carried R3. Memorandum from Mayor Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 15, 2017 (Formerly Item C1(C8)) Moved by Councillor Pirri Seconded by Councillor Humfryes 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of December 15, 2017, be received for information. Carried Council Meeting Minutes Tuesday, January 30, 2018 Page 8 of 18 R4. PDS18-007 – Interim Control By-law, Stable Neighbourhoods, File Number: ZBA-2017-10 (Formerly Item C1(R1)) Moved by Councillor Gaertner Seconded by Councillor Mrakas 1. That Report No. PDS18-007 be received; and 2. That, pursuant to Section 38 of the Planning Act, an Interim Control By- law be enacted to prohibit new residential dwelling or additions to an existing residential dwelling that exceeds the current development standards of the existing residential zones for a period not to exceed one year; and 3. That staff be delegated authority to determine whether to allow proposed minor variance applications in areas affected by the Interim Control By- law to be brought forward to the Committee of Adjustment; and 4. That staff be directed to undertake a study in conformity to the terms of reference attached to Report No. PDS18-007, to assess the existing development policies and zoning provisions within areas designated Stable Neighbourhood within the Official Plan with recommendations for the implementation of best practices to confirm to compatible infill development. Carried R5. CAO18-001 – Logo for Aurora Armoury (Formerly Item C1(R2)) Main motion Moved by Councillor Pirri Seconded by Councillor Thom 1. That Report No. CAO18-001 be received; and 2. That Logo C be endorsed as it relates to signage for the Aurora Armoury and the subsequent promotion and advertising related to the Armoury (89 Mosley Street) as a community space. Defeated Council Meeting Minutes Tuesday, January 30, 2018 Page 9 of 18 Council consented to reinstate clause 1 from the main motion. Moved by Councillor Thompson Seconded by Councillor Mrakas 1. That Report No. CAO18-001 be received; and 2. That Logo A be endorsed. Carried R6. CS17-037 – 2018 Procedure By-law Review (Formerly Item C1(R3)) Moved by Councillor Gaertner Seconded by Councillor Pirri 1. That Report No. CS17-037 be received; and 2. That the final draft Procedure By-law, incorporating Council feedback, be presented at a future Council meeting. Carried R7. PDS18-001 – Application for Zoning By-law Amendment and Site Plan, Dorota Smolarkiewicz, 15403 Yonge Street, Lot 95 Registered Plan 246, File Numbers: ZBA-2016-14, SP- 2017-09 (Formerly Item C1(R4)) Moved by Councillor Pirri Seconded by Councillor Thom 1. That Report No. PDS18-001 be received; and 2. That Zoning By-law Amendment file ZBA-2016-14 (Dorota Smolarkiewicz) be approved, to rezone the subject lands from “Promenade Downtown Shoulder – Special Mixed Density Residential PDS4 Zone” to “Promenade Downtown Shoulder – Special Mixed Density Residential PDS4(X1) Exception Zone”; and Council Meeting Minutes Tuesday, January 30, 2018 Page 10 of 18 3. That the Site Plan Application File Number SP-2017-09 (Dorota Smolarkiewicz) be approved, to permit development of subject lands for a business and professional office; and 4. That the implementing Zoning By-law Amendment be presented at a future Council Meeting; and 5. 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. Carried R8. PDS18-004 – Community Improvement Plan Incentive Program Application, 14810 Yonge Street (Formerly Item C1(R6)) Moved by Councillor Pirri Seconded by Councillor Thom 1. That Report No. PDS18-004 be received; and 2. That the Façade and Signage Improvement Grant application for 14810 Yonge Street be approved and funding in the amount of $15,000 be granted and funded from the Economic Development Reserve Fund; and 3. That the Mayor and Town Clerk be authorized to enter into and sign any agreement, including any and all documents and ancillary agreements required to give effect to same. Carried R9. IES17-044 – Update on the Regional Road Projects in Aurora (Formerly Item C1(R11)) Moved by Councillor Gaertner Seconded by Councillor Humfryes 1. That Report No. IES17-044 be received; and Council Meeting Minutes Tuesday, January 30, 2018 Page 11 of 18 2. That staff be directed to write to the local MPP, Province, and Region to express the need for an interchange at St. John’s Sideroad and Highway 404. Carried 7. Notices of Motion None 8. Motions On a motion by Councillor Humfryes seconded by Councillor Thompson, Council consented to consider Motions (a) and (b) after Delegation (b) and prior to the Consent Agenda. (a) Mayor Dawe Re: Review of Restrictions on Parking of Commercial Motor Vehicles on Residential Streets Moved by Mayor Dawe Seconded by Councillor Humfryes Whereas the Municipal Act 2001, S.O., 2001, c. 25, section 11 (1) authorizes a municipality to pass by-laws prohibiting or regulating parking and traffic on highways and on properties other than highways; and Whereas The Corporation of the Town of Aurora has enacted By-law Number 4574-04.T, as amended, being a by-law to regulate parking and traffic in the Town of Aurora; and Whereas residents have repeatedly expressed concerns with the parking of commercial motor vehicles on residential streets for extended periods of time; and Whereas the current restrictions under the bylaw do not adequately address the issues residents have expressed concerns about; 1. Now Therefore Be It Hereby Resolved That By-law, Operations and Engineering staff be directed to review the definition of “commercial motor vehicle” and the current restrictions on the parking of commercial motor Council Meeting Minutes Tuesday, January 30, 2018 Page 12 of 18 vehicles on residential streets, and report back to Council on recommended changes to the by-law to better address the needs of residents. Carried (b) Mayor Dawe Re: Menorah Lighting Ceremony Moved by Mayor Dawe Seconded by Councillor Gaertner Whereas on December 18, 2017, the Town of Aurora partnered with Chabad Aurora to host the first ever Menorah Lighting Ceremony; and Whereas the Ceremony was attended by several members of the Community and Members of Aurora Council; and Whereas the feedback received to date is to host the ceremony on an annual basis; 1. Now Therefore Be It Hereby Resolved That Special Events staff be directed to investigate and report back to Council on the implications and feasibility of hosting an annual Menorah Lighting Ceremony as part of its regular event schedule beginning in 2018; and 2. Be it Hereby Further Resolved That staff consult with Chabad Aurora prior to finalizing their report. Carried (c) Councillor Mrakas Re: Name Submissions for Library Square Moved by Councillor Mrakas Seconded by Councillor Thom Whereas “Library Square” is a significant Town project for the redevelopment of our downtown core; and Whereas naming of the Square is an important part of the project; and Council Meeting Minutes Tuesday, January 30, 2018 Page 13 of 18 Whereas the redevelopment of the Square will focus on more than just the Library; 1. Now Therefore Be It Hereby Resolved That staff be directed to create a process to receive name submissions for the square from the public and report back to Council with a recommendation; and 2. Be It Further Resolved That all Aurora residents be invited to make submissions. Carried (d) Councillor Mrakas Re: Local Appeals Body Main motion Moved by Councillor Mrakas Seconded by Councillor Humfryes Whereas Section 8.1 (1) of the Planning Act states, “if a municipality meets the prescribed conditions, the Council may by by-law constitute and appoint one appeal body for certain local land use planning matters, composed of such persons as the Council considers advisable, subject to subsections (3), (4) and (5). 2006, c.23, s.7”; and Whereas Bill 139, Building Better Communities and Conserving Watersheds Act, 2017 has received Royal Assent; 1. Now Therefore Be It Hereby Resolved That staff create a Local Appeals Body as per section 8.1 (1) of the Planning Act to hear Committee of Adjustment appeals; and 2. Be It Further Resolved That the Terms of Reference for the Local Appeals Body be brought back to Council in May for enactment. Motion to Table Moved by Councillor Mrakas Seconded By Councillor Pirri That the main motion be tabled. Carried Council Meeting Minutes Tuesday, January 30, 2018 Page 14 of 18 Moved by Councillor Thompson Seconded by Councillor Mrakas 1. That a formal request be made to the Regional Municipality of York to consider the formation of a Local Appeals Body as per section 8.1 (1) of the Planning Act; and 2. That staff initiate further discussions amongst the N6 municipalities regarding the formation of a Local Appeals Body; and 3. That this resolution be circulated to all nine York Region municipalities. Carried (e) Councillor Abel Re: Fence By-law Moved by Councillor Abel Seconded by Councillor Gaertner Whereas the Town has current Zoning By-laws in place that provide guidelines for residential development as per the Ontario Planning Act; and Whereas the by-laws include how close to property lines the residential building can be constructed, or “setbacks” as they are called; and Whereas these setbacks allow access to the homes and allow residents to move from the front yard to the back, where pools, decks can be located so as not to infringe on their neighbours; and Whereas property lines are shared, and fences are erected; and Whereas some homes are constructed with common sideboard access, shared driveways between the houses; and Whereas some homes have maintenance easements in place that allow residents rights of access; and Whereas some homes in the Town's older sections, many dating more than 150 years, were constructed prior to the Zoning By-law and Building Codes being in place, resulting in unique situations where a house may have been constructed with less than a foot to the property line; and Council Meeting Minutes Tuesday, January 30, 2018 Page 15 of 18 Whereas a fence in this case may obstruct a resident from access to their home; 1. Now Therefore Be It Hereby Resolved That staff be directed to review the Town's Fence By-law and report back with amending provisions that would restrict the erection of fences in situations where the fence would impede access to the home. Carried 9. Regional Report York Regional Council Highlights – December 14, 2017, and January 25, 2018 Moved by Councillor Thom Seconded by Councillor Thompson That the Regional Reports of December 14, 2017, and January 25, 2018, be received for information. Carried 10. New Business Councillor Kim inquired about the the possibility of turning off the walkway lights earlier at Mavrinac Park. Staff noted that the current lighting times are the standard, and the duration can be changed upon Council direction. Councillor Abel inquired about the Pending List report, and staff noted that the report is included in the General Committee agenda package for February 6, 2018. Councillor Gaertner inquired about the possibility of having pending lists for all Advisory Committees, and staff agreed to investigate. Councillor Gaertner inquired about a delegation from the Lake Simcoe Region Conservation Authority regarding flood control, and the Mayor agreed to follow up. Councillor Mrakas expressed concern regarding litter around the retirement home construction site on Murray Drive, and staff agreed to investigate the matter. Council Meeting Minutes Tuesday, January 30, 2018 Page 16 of 18 11. Public Service Announcements Councillor Gaertner expressed condolences to the family of Bob Leonard, who recently passed away. Councillor Abel extended his regards to the Roads staff for their efforts in maintaining the roads during extreme winter conditions. Councillor Thom expressed appreciation to the Aurora Royal Canadian Legion and the White Heather Pipes and Drums in respect to the recent Robbie Burns Day supper at the Legion. Councillor Kim announced that the Aurora Winter Blues Festival Kick-off event will be held on Saturday, February 3, 2018, at the Highland Automotive Showroom. Mayor Dawe announced that the Town of Aurora has officially launched PlaceSpeak, a collaborative tool that gives residents and business owners the opportunity to report traffic and community issues, and more information can be found at placespeak.com/aurora. Mayor Dawe announced that the Town of Aurora was awarded the Campaign Team and Engagement Award at the United Way of Toronto and York Region’s Spirit Awards Ceremony, and extended his regards to the team captains, Tracy Evans and John Firman, for their leadership. Mayor Dawe announced that the Arctic Adventure event will be held on Monday, February 19, 2018, at the Aurora Town Park from 10 a.m. to 4 p.m., and more information can be found at aurora.ca/arcticadventure. Mayor Dawe extended a reminder that the Town is looking for youth candidates for the John West Memorial Leaders of Tomorrow Scholarship Award, and interested candidates can visit aurora.ca/leadersoftomorrow for more information. Mayor Dawe announced that the Canadian Blood Services will be holding a blood donor clinic at the Aurora Legion from 2:30 p.m. to 7:30 p.m. on Thursday, February 15, 2018, and appointments can be scheduled at blood.ca. Mayor Dawe extended a reminder that the Mayor’s Celebration of Youth Arts Exhibition will open on Wednesday, February 7, 2018, at the Aurora Cultural Centre. Council Meeting Minutes Tuesday, January 30, 2018 Page 17 of 18 Mayor Dawe extended an invitation to join him at the Mayor’s Luncheon, which will be hosted by the Aurora Chamber of Commerce at the Oakview Terrace on Wednesday, February 21, 2018. Councillor Thompson extended a reminder that the 2018 Run or Walk for Southlake will be held on Sunday, April 29, 2018. 12. By-laws Moved by Councillor Thom Seconded by Councillor Kim That the following by-laws be enacted: (a) By-law Number 6046-18 Being a By-law to appoint Building Inspectors for The Corporation of the Town of Aurora. (b) By-law Number 6047-18 Being a By-law to appoint Municipal By-law Enforcement Officers and Property Standards Officers for The Corporation of the Town of Aurora. Carried Moved by Councillor Thom Seconded by Councillor Humfryes That the following by-law be enacted: (c) By-law Number 6048-18 Being a By-law to impose interim controls on the use of land, buildings, or structures within certain areas of the Town of Aurora. On a recorded vote the motion Carried Yeas: 8 Nays: 1 Voting Yeas: Councillors Abel, Gaertner, Humfryes, Kim, Mrakas, Pirri, Thom, and Thompson Voting Nays: Mayor Dawe Absent: None Council Meeting Minutes Tuesday, January 30, 2018 Page 18 of 18 13. Closed Session None 14. Confirming By-law Moved by Councillor Kim Seconded by Councillor Pirri That the following confirming by-law be enacted: By-law Number 6049-18 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on January 30, 2018. Carried 15. Adjournment Moved by Councillor Abel Seconded by Councillor Thompson That the meeting be adjourned at 11:05 p.m. Carried _________________________________ _________________________________ Geoffrey Dawe, Mayor Michael de Rond, Town Clerk