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MINUTES - Council - 20220426 1 Town of Aurora Council Meeting Minutes Date: Time: Location: Tuesday, April 26, 2022 7:00 p.m. Council Chambers, Aurora Town Hall Council Members: Mayor Tom Mrakas (Chair) Councillor Harold Kim Councillor Wendy Gaertner* Councillor Sandra Humfryes (arrived at 7:31 p.m.) Councillor Michael Thompson* Councillor Rachel Gilliland Councillor John Gallo Other Attendees: Doug Nadorozny, Chief Administrative Officer Allan Downey, Director of Operations Robin McDougall, Director of Community Services Techa van Leeuwen, Director of Corporate Services Rachel Wainwright-van Kessel, Director of Finance Marco Ramunno, Director of Planning and Development Services Carley Smith, Manager, Corporate Communications* Patricia De Sario, Town Solicitor Michael de Rond, Town Clerk Ishita Soneji, Council/Committee Coordinator *Attended electronically _____________________________________________________________________ 1. Call to Order The Chair called the meeting to order 7:05 p.m. Mayor Mrakas relinquished the Chair to Councillor Kim at 8:20 p.m. during the consideration of Motion 10.1, Re: Addition of Sunset Clauses to Site-Specific Zoning By-law Amendments, and reassumed the Chair at 8:42 p.m. 2 Councillor Gallo noted an error in his vote to the Motion to Refer for Item 8.2.3 – Applications for Official Plan Amendment, Zoning By-law Amendment and Site Plan Control, 2766872 Ontario Inc., 15296, 15306 and 15314 Yonge Street, and clarified that he intended to vote “yes”. 2. Land Acknowledgement Mayor Mrakas acknowledged that the meeting took place on the traditional territory of the Anishinaabe, the Haudenosaunee, and the Wendat peoples whose presence here continues to this day. He further noted that Aurora is part of the treaty lands of the Mississaugas of the Credit and the Williams Treaties First Nations, and we thank them for sharing the land. 3. Approval of the Agenda Moved by Councillor Kim Seconded by Councillor Gilliland That the agenda as circulated by Legislative Services be approved. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 4. 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. 5. Community Presentations None. 6. Delegations None. 3 7. Consent Agenda Moved by Councillor Gilliland Seconded by Councillor Kim That the Consent Agenda items, 7.1 to 7.6 inclusive, be approved. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 7.1 Council Meeting Minutes of March 29, 2022 1. That the Council meeting minutes of March 29, 2022, be adopted as circulated. Carried 7.2 Council Closed Session Minutes of March 29, 2022 1. That the Council Closed Session minutes of March 29, 2022, be adopted as circulated. Carried 7.3 Council Closed Session Public Meeting Minutes of March 29, 2022 1. That the Council Closed Session Public meeting minutes of March 29, 2022, be adopted as circulated. Carried 7.4 Council Closed Session Minutes of April 5, 2022 1. That the Council Closed Session minutes of April 5, 2022, be adopted as circulated. Carried 7.5 Council Closed Session Public Meeting Minutes of April 5, 2022 1. That the Council Closed Session Public meeting minutes of April 5, 2022, be adopted as circulated. Carried 4 7.6 Council Public Planning Meeting Minutes of April 12, 2022 1. That the Council Public Planning meeting minutes of April 12, 2022, be adopted as circulated. Carried 8. Standing Committee Reports Moved by Councillor Gilliland Seconded by Councillor Gaertner That the Standing Committee Reports, items 8.1 to 8.2 inclusive, be received and the recommendations carried by the Committee approved, with the exception of sub-items 8.1.7, 8.1.8. 8.1.9, 8.2.3, 8.2.6, and 8.2.7, which were voted on and discussed separately as recorded below. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 8.1 General Committee Report of April 5, 2022 8.1.1 FIN22-009 - Q4 2021 Procurement Report Report 1. That Report No. FIN22-009 be received for information. Carried 8.1.2 Memorandum from Councillor Gaertner; Re: Lake Simcoe Region Conservation Authority Board Meeting Highlights of February 25, 2022 Memo 1. That the memorandum regarding Lake Simcoe Region Conservation Authority Board Meeting Highlights of February 25, 2022, be received for information. Carried 5 8.1.3 Accessibility Advisory Committee Meeting Minutes of March 9, 2022 Minutes 1. That the Accessibility Advisory Committee meeting minutes of March 9, 2022, be received for information. Carried 8.1.4 Anti-Black Racism and Anti-Racism Task Force Meeting Minutes of March 23, 2022 Minutes 1. That the Anti-Black Racism and Anti-Racism Task Force meeting minutes of March 23, 2022, be received for information. Carried 8.1.5 CMS22-019 - Aurora Town Square – Space Usage and Room Permitting Policy Report Attachment 1 1. That Report No. CMS22-019 be received; and 2. That the Aurora Town Square Space Usage and Room Permitting Policy be approved. Carried 8.1.6 PDS22-013 - Report to Designate 26, 32, and 34-38 Berczy Street under Part IV of the Ontario Heritage Act Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 1. That Report No. PDS22-013 be received; and 2. That 34 Berczy Street be designated under Part IV of the Ontario Heritage Act as properties of Cultural Heritage Value or Interest; and 3. That Council remove 26, 32, and 38 Berczy Street from the Aurora Register of Properties of Cultural Value or Interest 6 conditional upon the submission of a detailed Site and Building Documentation and a fulsome Historical Report inclusive of properties both north and south of Mosley Street, and a detailed Commemorative Plan. Carried 8.1.7 CMS22-017 - Application for Third Party Event in an Outdoor Town Facility - Aurorapalooza Report Moved by Councillor Gaertner Seconded by Councillor Gilliland 1. That Report No. CMS22-017 be received; and 2. That staff be directed to review and approve the Aurorapalooza application in accordance with the Third-Party Events in Outdoor Town Facilities Policy; and 3. That if the Aurorapalooza third-party event is approved, that it be designated as an event of Town significance for the purpose of attaining a Special Occasion Permit in accordance with the Municipal Alcohol Policy. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 8.1.8 CMS22-018 - Application for Third Party Event in an Outdoor Town Facility – Community Craft Beer Festival Aurora Report Moved by Councillor Gilliland Seconded by Councillor Kim 1. That Report No. CMS22-018 be received; and 7 2. That staff be directed to review and approve the Community Craft Beer Festival Aurora application in accordance with the Third Party Events in Outdoor Town Facilities Policy; and 3. That if the Community Craft Beer Festival Aurora third-party event is approved, that it be designated as an event of Town significance for the purpose of attaining a Special Occasion Permit in accordance with the Municipal Alcohol Policy. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 8.1.9 CMS22-021 - Sport Tourism Strategy 2022-2026 Report Attachment 1 Moved by Councillor Gilliland Seconded by Councillor Thompson 1. That Report No. CMS22-021 be received; and 2. That the recommendations in the Town of Aurora Sport Tourism Strategy 2022 – 2026 be endorsed in principle, subject to Council approval of budgetary implications. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Absent (1): Councillor Humfryes Carried (6 to 0) 8.1.10 CS22-019 - Updates to the Proclamation Policy Report Attachment 1 1. That Report No. CS22-019 be received; and 2. That the updated Proclamation Policy (Attachment 1) be approved; and 8 3. That staff provide an information report to Council with a list of recurring proclamations to be proclaimed each year. Carried 8.1.11 PDS22-045 - Anti-Idling Policy Update Report Attachment 1 Attachment 2 1. That Report No. PDS22-045 be received; and 2. That the Anti-Idling Policy be revised to reflect changes to the enforcement mechanism and to reduce idling time from five minutes to two minutes, to align with surrounding municipalities. Carried 8.2 General Committee Report of April 19, 2022 8.2.1 Heritage Advisory Committee Meeting Minutes of April 4, 2022 Minutes 1. That the Heritage Advisory Committee meeting minutes of April 4, 2022, be received for information. Carried 8.2.2 PDS22-050 - Downtown Aurora BIA 2021 Annual Report and 2022 Budget Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 1. That Report No. PDS22-050 be received; and 2. That the Aurora Business Improvement Association’s (BIA) 2021 audited financial statements, attached as Attachment 2 be received; and 3. That the 2022 Business Plan and Budget attached as Attachment 4 for the Aurora BIA be approved; and 4. That a special 2022 tax levy of BIA members of $37,269 be approved in support of the 2022 Business Plan. 9 Carried 8.2.3 PDS22-033 - Applications for Official Plan Amendment, Zoning By- law Amendment and Site Plan Control, 2766872 Ontario Inc., 15296, 15306 and 15314 Yonge Street, Lots B and C and Part of Lot D, registered Plan 36 and Part of Lots, 15 and 16, Registered Plan 246, Town of Aurora, File Number: OPA-2021-03, ZBA-2021-03 and SP- 2021-07 Report Figures 1-7 Main motion Moved by Councillor Kim Seconded by Councillor Gilliland 1. That Report No. PDS22-033 be received; and 2. That Official Plan Amendment application OPA-2021-03 (2766872 Ontario Inc.) be approved to: i. Amend Schedule ‘H’ (Site Specific Policy Areas) and section 16 of the Official Plan to identify a new Site-Specific Policy Area with policies to permit an apartment building containing residential uses at or below grade and having a maximum height of 23.54 metres; being 6-storeys along Yonge Street and 8-storeys at the building rear; and ii. Schedule ‘A’ of the Official Plan (Structure Plan) to redesignate a portion of the subject lands from ‘Private Parkland’ to ‘The Aurora Promenade’; and 3. That the Zoning By-law Amendment Application File: ZBA 2021- 03 (2766872 Ontario Inc.) be approved, including the proposed increase in height in exchange for the proposed community benefits as discussed herein; and 4. That the proposed Zoning By-law Amendment be brought forward to a future Council meeting for enactment once an agreement has been executed between the Town and the Owner to secure the proposed Section 37 community benefits; and 10 5. That Site Plan Application File: SP-2020-07 (2766872 Ontario Inc.) be approved to permit the development of a six-storey residential apartment building with 136 units; and 6. That servicing allocation be allocated to service the development with 136 apartment units (265 persons equivalent). Motion to refer Moved by Councillor Gallo Seconded by Councillor Gaertner That Report No. PDS22-033 be referred back to staff. Yeas (1): Councillor Gaertner Nays (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Defeated (1 to 6) Yeas (5): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor Thompson, and Councillor Gilliland Nays (2): Councillor Gaertner, and Councillor Gallo Main motion Carried (5 to 2) 8.2.4 PDS22-020 - Train Whistle Cessation Program Update Report Attachment 1 1. That Report No. PDS22-020 be referred back to staff. Carried 8.2.5 OPS22-004 - Municipal Tree Removal Request for 152 Willis Drive, Aurora Report Attachment 1 1. That Report No. OPS22-004 be received; and 2. That the tree located at 152 Willis Drive remain in place. Carried 11 8.2.6 FIN22-012 - Financial System Project Update Report Attachment 1 Moved by Councillor Thompson Seconded by Councillor Humfryes 1. That Report No. FIN22-012 be received; and 2. That the capital budget authority for the Financial System Replacement project 14012 be increased by $986,000 for a total budget of $2,486,000 and the project funding be revised as shown in Table 1 in this report be approved; and 3. That a transfer of $293,000 from the Tax Rate Stabilization reserve to the Information Technology Repair and Replacement reserve be approved. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 8.2.7 OPS22-005 - Town Owned Light Standards for Displaying Banner Flags at St. Andrew’s College Report Appendix A Moved by Councillor Gilliland Seconded by Councillor Humfryes 1. That Report No. OPS22-005 be received; and 2. That St. Andrew’s College be authorized to continue to display its banner signs on the Town-owned light standards that abut 15800 & 15900 Yonge Street in accordance with section 3.5 of By-law No. 5840-16 for two terms of five (5) years each. Yeas (6): Mayor Mrakas, Councillor Kim, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Nays (1): Councillor Gaertner Carried (6 to 1) 12 8.2.8 PDS22-053 - Application for Draft Plan of Condominium, Sixfive (ETS) GP Inc. on behalf of 45 ETS Limited Partnership, 45 Eric T Smith Way, PT BLK 11, PL 65M-4324, PART 3 PLAN 65R35964, File Number: CDM-2021-01, Related File Number: SP-2021-01 Report Figures 1-8 Schedule A 1. That Report No. PDS22-053 be received; and 2. That the Draft Plan of Condominium File Number CDM-2021-01 to establish a Standard Condominium tenure for 20 industrial units, be approved, subject to the conditions attached hereto as Schedule “A” of this report. Carried 8.2.9 PDS22-040 - Heritage Permit Application, File: HPA-2022-02, 85 Catherine Avenue Report Attachment 1 Attachment 2 1. That Report No. PDS22-040 be received; and 2. That Heritage Permit Application HPA-2022-02 be approved to permit a two-storey addition with an integral tandem garage to the existing dwelling at 85 Catherine Avenue. Carried 8.2.10 York Region Council Highlights of March 24, 2022 Regional Report 1. That the York Regional Council Highlights of March 24, 2022, be received for information. Carried 9. Consideration of Items Requiring Discussion (Regular Agenda) None. 13 10. Motions 10.1 Mayor Mrakas; Re: Addition of Sunset Clauses to Site-Specific Zoning By- law Amendments Moved by Mayor Mrakas Seconded by Councillor Gilliland Whereas municipal sewage servicing allocation is becoming more limited in the Town of Aurora based on the approved growth projections and lands designated in the Official Plan for residential use; and Whereas the Town of Aurora has granted approval to a number of residential development applications, including the appropriate amount of servicing allocation to allow the developments to proceed to construction; and Whereas some of these approved developments are not being constructed in a timely manner; 1. Now Therefore Be It Hereby Resolved That staff be directed to add the appropriate sunset clauses to all future site-specific zoning by-law amendments passed by Council to stipulate the following: i. If a building permit has not been issued under the Building Code for any building or structure so authorized within a specified time frame from enactment of the Zoning By-law Amendment that is appropriate for the development, then the by-law will automatically repeal and if so repealed, the zoning of the property will revert to the original zoning; and ii. In addition, staff be directed to include existing Official Plan Servicing Allocation “Use it or Redistribute It” policies in all future residential draft plan of subdivision and site plan application approvals that will stipulate the applicant shall proceed to register the appropriate development agreement within a given time frame or receive an extension from Council and obtain a building permit within a specified time frame for said project. If the applicant does not satisfy the time frame requirements of the agreement or receive an extension from Council, the development approvals and servicing allocation may be revoked. 14 Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 10.2 Councillor Gaertner; Re: Black History Month 2023 Main motion Moved by Councillor Gaertner Seconded by Councillor Humfryes Whereas Canada has designated February as Black History Month; and Whereas the Town of Aurora endorsed York Region’s Inclusion Charter and supports its’ goal of diversity, equity, and inclusion; and Whereas the Town of Aurora approved a Diversity, Equity and Inclusion Strategic Plan; 1. Now Therefore Be It Hereby Resolved That Council directs all of the applicable departments to come together in consultation with local community organizations to support and promote a program for February 2023. Amendment No. 1 Moved by Councillor Gaertner Seconded by Councillor Gallo That the main motion be amended by adding the following clause: “That an annual funding commitment be made towards the Black History Month program and events beginning in 2022.” Yeas (2): Councillor Gaertner, and Councillor Humfryes Nays (5): Mayor Mrakas, Councillor Kim, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Defeated (2 to 5) Amendment No. 2 Moved by Councillor Humfryes Seconded by Councillor Gallo 15 That the main motion be amended by adding the following clause: “That staff report back with a summary of past activities related to Black History Month and proposed plans for the future by July 2022.” Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) Main Motion as amended Moved by Councillor Gaertner Seconded by Councillor Humfryes Whereas Canada has designated February as Black History Month; and Whereas the Town of Aurora endorsed York Region’s Inclusion Charter and supports its’ goal of diversity, equity, and inclusion; and Whereas the Town of Aurora approved a Diversity, Equity and Inclusion Strategic Plan; 1. Now Therefore Be It Hereby Resolved That Council directs all of the applicable departments to come together in consultation with local community organizations to support and promote a program for February 2023; and 2. That staff report back with a summary of past activities related to Black History Month and proposed plans for the future by July 2022. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 10.3 Councillor Gilliland; Re: Phragmites Remediation Moved by Councillor Gilliland Seconded by Councillor Humfryes Whereas phragmites has been recognized as one of Canada’s worst invasive plants that threaten the existence of meaningful wetlands and ecosystems; and 16 Whereas wetlands are vital ecosystems that contribute to biodiversity, purifying water, reducing flooding, and are an identified asset to help fight against climate change; and Whereas phragmites is known to thrive in our wetlands causing all other life to be choked out by outcompeting native wetland plants, leaving frogs and turtles without vital habitat, and blocking shoreline views and access; and Whereas phragmites has been identified as a known threat in Aurora such as the Arboretum, Mackenzie Marsh, Salamander Pond, and the Dave Tomlinson Nature Reserve; 1. Now Therefore Be It Hereby Resolved That staff report back to Council with an information report identifying phragmites areas of concern and recommendations on remediation. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 11. New Business Councillor Gilliland referred to an ongoing resident's concern regarding garbage on their property from an abutting retail property along Cypress Court and requested an update, and staff agreed to follow up. Councillor Gilliland requested an update on the Cultural and Recreation Grant Policy review. New Business Motion no. 1 Moved by Councillor Gilliland Seconded by Councillor Gallo That staff report back and provide an update on the Cultural and Recreation Grant Policy review. Yeas (7): Mayor Mrakas, Councillor Kim, Councillor Gaertner, Councillor Humfryes, Councillor Thompson, Councillor Gilliland, and Councillor Gallo Carried (7 to 0) 17 Councillor Gaertner acknowledged that Holocaust Remembrance Day (Yom HaShoah) will be observed from Wednesday April 27, 2022 to Thursday April 28, 2022 in remembrance of Holocaust victims who died during World War II. Councillor Gaertner inquired about any provisions and policies that would mitigate flipping real estate, and staff provided a response. 12. By-laws None. 13. Closed Session None. 14. Confirming By-law 14.1 By-law No. 6416-22 Being a by-law to confirm actions by Council resulting from a Council meeting on April 26, 2022 Moved by Councillor Gaertner Seconded by Councillor Humfryes That the confirming by-law be enacted. Carried 15. Adjournment Moved by Councillor Gallo Seconded by Councillor Humfryes That the meeting be adjourned at 9:50 p.m. Carried Tom Mrakas, Mayor Michael de Rond, Town Clerk