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MINUTES - Council - 20191112 Town of Aurora Council Meeting Minutes Council Chambers, Aurora Town Hall Tuesday, November 12, 2019 Attendance Council Members Mayor Mrakas in the Chair; Councillors Gaertner, Gallo, Gilliland, Kim, and Thompson (arrived at 7:16 p.m.) Members Absent Councillor Humfryes Other Attendees Doug Nadorozny, Chief Administrative Officer, Techa van Leeuwen, Director of Corporate Services, Rachel Wainwright-van Kessel, Director of Finance, Allan Downey, Director of Operations, David Waters, Director of Planning and Development Services, Robin McDougall, Director of Community Services, Patricia De Sario, Town Solicitor, Michael de Rond, Town Clerk, Ishita Soneji, Council/Committee Coordinator The Chair called the meeting to order at 7:00 p.m. Mayor Mrakas relinquished the chair to Councillor Kim at 8:00 p.m. during consideration of Motion (a) Development Charges Exemption and Motion (b) By-law to Regulate Short-Term Rentals, and resumed the chair at 8:30 p.m. 1. Approval of the Agenda Moved by Councillor Kim Seconded by Councillor Gaertner That the agenda as circulated by Legislative Services be approved. Carried 2. Declarations of Pecuniary Interest and General Nature Thereof There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. Council Meeting Minutes Tuesday, November 12, 2019 Page 2 of 11 3. Community Presentations (a) Captain Rosie D’Aguiar, 140 Royal Canadian Air Cadets Re: 140 Royal Canadian Air Cadets 30 Year Celebration It was mentioned that Captain D’Aguiar would be presenting at a future meeting of Council. 4. Delegations (a) Phillip Parkhomenko, Resident Re: General Committee Item R3 – CS19-025 – Fence Exemption Request – 203 St. John’s Sideroad West Mr. Parkhomenko, representing the applicant, provided details on the fence exemption request, and noted that the purpose of the fence was noise attenuation. He requested that the fence exemption be granted, and provided details of the tree-planting plan along the fence. Moved by Councillor Kim Seconded by Councillor Gaertner That the comments of the delegation be received and referred to General Committee Item R3. Carried 5. Consent Agenda Moved by Councillor Kim Seconded by Councillor Gilliland That the following Consent Agenda items, C2 to C4 inclusive, be approved: C2. Council Closed Session Minutes of October 22, 2019 1. That the Council Closed Session minutes of October 22, 2019, be adopted as printed and circulated. C3. Council Closed Session Public Minutes of October 22, 2019 Council Meeting Minutes Tuesday, November 12, 2019 Page 3 of 11 1. That the Council Closed Session Public minutes of October 22, 2019, be adopted as printed and circulated. C4. Council Public Planning Meeting Minutes of October 23, 2019 1. That the Council Public Planning meeting minutes of October 23, 2019, be adopted as printed and circulated. Carried C1. Council Meeting Minutes of October 22, 2019 Moved by Councillor Gilliland Seconded by Councillor Kim 1. That the Council meeting minutes of October 22, 2019, be adopted as printed and circulated. Carried 6. Standing Committee Reports Moved by Councillor Kim Seconded by Councillor Gallo S1. General Committee Meeting Report of November 5, 2019 1. That the General Committee meeting report of November 5, 2019, be received and the recommendations carried by the Committee approved, with the exception of sub-items C1 and R3, which were discussed and voted on separately as recorded below: (C1) Memorandum from Mayor Mrakas Re: Engaged Inclusive Communities Moved by Councillor Kim Seconded by Councillor Thompson 1. That the memorandum regarding Engaged Inclusive Communities be received for information; and Council Meeting Minutes Tuesday, November 12, 2019 Page 4 of 11 2. That an amount of $15,000 be granted for the Engaged Inclusive Communities study to be funded from the Council Contingency fund. Carried (A1 ) Finance Advisory Committee Meeting Minutes of September 25, 2019 1. That the Finance Advisory Committee meeting minutes of September 25, 2019, be received for information. Carried (A2 ) Accessibility Advisory Committee Meeting Minutes of October 2, 2019 1. That the Accessibility Advisory Committee meeting minutes of October 2, 2019, be received for information. Carried (A3 ) Governance Review Ad Hoc Committee Meeting Minutes of October 9, 2019 1. That the Governance Review Ad Hoc Committee meeting minutes of October 9, 2019, be received for information. Carried (R1) PDS19-097 – Kitimat Crescent and Aurora Heights Public School Alternative Solutions to Safety Concerns 1. That Report No. PDS19-097 be referred back to staff; and 2. That a working group be created to address the safety issues around the school before reporting back. Carried (R2) FS19-031 – 2020-22 Operating Budget 1. That Report No. FS19-031 be received; and Council Meeting Minutes Tuesday, November 12, 2019 Page 5 of 11 2. That the 2020, 2021, and 2022 draft Operating Budgets be referred to Budget Committee for review at its scheduled meetings commencing on November 18, 2019. Carried (R3) CS19-025 – Fence By-law Exemption Request – 203 St. John’s Sideroad West Main motion Moved by Councillor Thompson Seconded by Councillor Gilliland 1. That Report No. CS19-025 be received; and 2. That an exemption to the Town’s Fence By-law No. 4753-05.P to permit a non-compliant fence in the front and side yard at 203 St. John’s Sideroad West, be refused; and 3. That an exemption to the Town’s Fence By-law No. 4753-05.P to permit the non-compliant wrought iron gate with a height exceeding 2.0 metres, be approved and the amending by-law be brought forward for enactment; and 4. That the registered property owner bring the property into compliance with respect to the provisions in the Fence By-law No. 4753-05.P within 30 days. Motion to refer Moved by Councillor Gallo Seconded by Councillor Gaertner 1. That Report No. CS19-025 be referred back to staff; and 2. That staff be authorized to report back on achieving compliance with fences and gates throughout the Town. Motion to refer Carried (R4) FS19-037 – Procurement Exemptions to Library Square Project 1. That Report No. FS19-037 be received; and Council Meeting Minutes Tuesday, November 12, 2019 Page 6 of 11 2. That an exemption to the Procurement By-law be approved to permit Colliers Project Leaders, the project Architect and Planning/Landscape Architect, including RAW Architects and the Planning Partnership, to participate on the Evaluation Committees for the Library Square Project; and 3. That an exemption be approved to waive the requirement for liquidated damages for the Library Square Project and replaced with a delay clause. Carried (R5) PDS19-091 – Amendments to Source Protection Plans and Assessment Reports 1. That Report No. PDS19-091 be received; and 2. That Council endorse the proposed amendments as discussed herein to the Lake Simcoe Couchiching-Black River and Toronto Region Assessment Reports, and South Georgian Bay Lake Simcoe and Central Lake Ontario, Toronto Region and Credit Valley Source Protection Plans; and 3. That the Town Clerk circulate the Council Resolution to the Regional Clerk, Chair of the South Georgian Bay Lake Simcoe Source Protection Committee, and the Chair of the Credit Valley, Toronto Region and Central Lake Ontario (CTC) Source Protection Committee. Carried 7. Consideration of Items Requiring Discussion (Regular Agenda) None 8. Motions (a) Mayor Mrakas Re: Development Charges Exemption Moved by Mayor Mrakas Seconded by Councillor Gilliland Council Meeting Minutes Tuesday, November 12, 2019 Page 7 of 11 Whereas Goal #1 in the Town of Aurora’s Economic Development Strategic Plan is – Targeting Growth Sectors and Attracting New Investment; and Whereas Growing the economy through new investment is essential to sustaining long term economic sustainability for the community; and Whereas attracting Class A office development will help encourage employment and related economic benefits for the Town of Aurora; and Whereas the way in which municipalities treat non-residential development charges may play a significant role in the attraction of industrial, commercial and institutional development; and Whereas a number of municipalities provide development charge exemptions for particular types of non-residential development to address job creation and economic growth in their municipality; 1. Now Therefore Be It Hereby Resolved That staff bring forward a by-law to amend the Development Charges By-law to exempt The Town of Aurora’s portion of Development Charges for “major office development” which is defined as a free standing building with a minimum height of three floors and a minimum gross floor area of 75,000 square feet; and 2. Be It Further Resolved That the ability to take advantage of the exemption would begin at Council approval and end three years later; and 3. Be It Further Resolved That the total eligible gross floor area to be considered for the exemption to be capped at 300,000 square feet. Carried (b) Mayor Mrakas Re: By-law to Regulate Short-Term Rentals Moved by Mayor Mrakas Seconded by Councillor Thompson Whereas Section 151 of the Municipal Act, 2001 authorizes a municipality to pass by-laws for licensing, regulating and governing of any business wholly or partly carried on within the municipality; and Council Meeting Minutes Tuesday, November 12, 2019 Page 8 of 11 Whereas Airbnb and short-term rental properties in residential areas have resulted in nuisances such as excessive noises, and concerns about fire safety and the alleged mischief conduct in many municipalities; and Whereas a number of York Region municipalities such as Markham, Vaughan and Richmond Hill have taken steps to regulate or ban the Airbnb rental businesses; and Whereas The Town of Aurora currently has no by-law licensing or regulating Airbnb and short-term rentals; 1. Now Therefore Be It Hereby Resolved That staff be directed to examine the feasibility of passing a by-law to licence, regulate and govern Airbnb and short-term rental accommodations in the Town of Aurora, and to report back to Council. Carried 9. Regional Report York Regional Council Highlights – October 17, 2019 Moved by Councillor Kim Seconded by Councillor Gilliland That the Regional Report of October 17, 2019, be received for information. Carried 10. New Business Councillor Gaertner inquired about the results of the electoral system review online survey and sought clarification on the survey logistics, and the Town Clerk provided clarification and noted that the ward system options report is forthcoming. Councillor Gilliland inquired about the status of the trailer on Edward Street, and staff provided a response noting that the matter is now before the courts and due legal process would be followed. Councillor Gilliland requested an update on the possibility of tow truck licensing and referred to ongoing concerns regarding tow truck parking on Edward Street. Staff provided a response noting that officers have frequented the area to ensure Council Meeting Minutes Tuesday, November 12, 2019 Page 9 of 11 compliance with parking by-law and information regarding tow truck licensing would be brought to Council in 2020. 11. Public Service Announcements Councillor Gilliland announced that Aurora’s Youth Innovation Fair will be held on Wednesday, November 20, 2019, at the Aurora Family Leisure Complex, noting that further information regarding the event can be found at aurora.ca/youthinnovation. Councillor Gilliland announced that Desjardin Day will be on Wednesday, November 13, 2019, and more information regarding free program offerings is available at aurora.ca/DesjardinDays. Councillor Kim announced that Aurora’s Christmas Market will be held from Friday, November 29, 2019 to Sunday, December 1, 2019, at Aurora Town Hall, including Christmas Tree & Peace Candle Lighting on November 30, 2019 at 6:15 p.m., and noted that more information can be found at aurora.ca/ChristmasMarket. Councillor Gaertner announced that the Town was awarded two Healthy Water Awards at the 2019 Lake Simcoe Region Conservation Awards ceremony on November 7, 2019, and expressed appreciation to the Operations department for their efforts. She noted that the Ernie Crosland Young Conservationist Award was awarded to Nari Hwang, Grade 6 student from Shanty Bay, Ontario. Councillor Thompson extended appreciation to the Aurora Royal Canadian Legion for their efforts in facilitating the Remembrance Day festivities. Councillor Thompson extended a reminder that the Santa Under the Stars Parade will be on Saturday, November 23, 2019 from 6 p.m. to 8 p.m. noting that the parade will travel along Yonge Street from Orchard Heights Boulevard to Murray Drive, and more information is available at aurora.ca/SantaParade. Councillor Thompson announced that the 2020 winter recreation programs registration is now open, and more information regarding program offerings is available at aurora.ca/recguide. Councillor Gallo extended appreciation to Nahla Khouri, Aurora resident for being awarded the 2019 Lexpert Rising Star Award for leading lawyers under 40. Council Meeting Minutes Tuesday, November 12, 2019 Page 10 of 11 Councillor Gallo extended a reminder that winter parking restrictions are in effect from November 15, 2019 to April 15, 2020, where there is no parking on streets between 2 a.m. and 6 a.m., and noted that further information regarding overnight parking and real-time information on street plowing is available at aurora.ca/snow. Councillor Gallo extended a reminder that Community Services, By-law, and Animal Services have been relocated to the Joint Operations Centre (JOC) at 229 Industrial Parkway North, and noted that in-person program registration will not be accepted at the JOC and registrations can be done online at aurora.ca/eplay or in-person at the Stronach Aurora Recreation Complex. Mayor Mrakas extended appreciation to Aurora residents who were able to attend the Aurora Armoury open house held over the past weekend and officially welcomed the Canadian Food and Wine Institute at Niagara College to Aurora, and extended appreciation to staff for their efforts in organizing the event. 12. By-laws Moved by Councillor Kim Seconded by Councillor Gilliland That the following by-laws be enacted: (a) By-law Number 6219-19 Being a By-law to establish a schedule of fees and charges for municipal services, activities and the use of property within the Town of Aurora (Fees and Charges By-law). (b) By-law Number 6220-19 Being a By-law to prohibit the smoking of tobacco, cannabis, and non-tobacco substances in prescribed locations in the Town of Aurora. Carried 13. Closed Session None Council Meeting Minutes Tuesday, November 12, 2019 Page 11 of 11 14. Confirming By-law Moved by Councillor Thompson Seconded by Councillor Gaertner That the following confirming by-law be enacted: By-law Number 6221-19 Being a By-law to Confirm Actions by Council Resulting from a Council Meeting on November 12, 2019. Carried 15. Adjournment Moved by Councillor Gaertner Seconded by Councillor Gallo That the meeting be adjourned at 8:57 p.m. Carried _________________________________ _________________________________ Tom Mrakas, Mayor Michael de Rond, Town Clerk