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MINUTES - Council - 199205136) MINUTES TOWN OF AURORA COUNCIL MEETING NO. 23-92 Council Chambers Aurora Town Hall Wednesday, May 13, 1992 8:00 p.m. COUNCIL MEMBERS IN ATTENDANCE Mayor West Constable, McKenzie, Weller. in the Chair; Cou~c llors Griffith, Healy Jones, Pedersen, Tim son and STAFF MEMBERS IN ATTENDANCE Chief Administrative Of icer, Muni ci pa 1 Clerk, eputy Clerk, Director of Buildin Administration, Fire Chief, Dire or of Leisure Services, Di recto of Personnel , Director of Plan ing, Treasurer and Director of Publi Works. DECLARATION OF CONFLICT OF INTEREST Councillor Timpson declared a possible Confl ct of Interest in Reports PL92-043-178, TR92-026-186 and By-law No. 3 8-92 by virtue of being an employee of the York Region Board of Educat ·on and in Recommendation No. 8 of Committee of the Who 1 e Meeting No. 2 -92 by virtue of ownership of property in the vicinity of the proposed p ssageway and he did not take part in or vote on any questions in this egard or attempt in any way to influence the voting on such questions. Councillor McKenzie declared a poss· le Conflict of Interest in Accounts paid to Herb McKenzie Auto Parts, e to monetary interest in same and in Report PL92-042-177 and By-law • 3397-92 by virtue of ownership of property in the vicinity of the s ject application and he did not take part in or vote on any questions ·n this regard or attempt in any way to influence the voting on such qu stions. ·Councillor Healy declared possible Conflict of Interest in Reports PL92-043-178, TR92-026-186 and By-1 aw No. 3398-92 by virtue of being an employee of the York Regi n Board of Education and he did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such ques ons. Councillor Griffith eclared a possible Conflict of Interest in Accounts paid to the Aurora Chamber of Commerce by virtue of his position on the executive of the hamber and he did not take part in or vote on any questions in thi regard or attempt in any way to influence the voting on such questions. #279. Pedersen Seconded by Councillor McKenzie THAT the content of the Agenda be approved as outlined herein, with the addition of the correspondence from Ms. Irene St. John to the New Business section of the Agenda, with the addition of Report TR92-026-186 to the Staff Report section of the Agenda and with the addition of By-law No. 3398-92 to the section of the Agenda regarding Readings of Bills. CARRIED Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 DELEGATION - 2 - Ms. Margaret Langlois, King's Forest Memorials re: Property located at 15132 Yonge Street Ms. Langlois provided photographs to Council to indicate that the vacant lot to the north of her business on Yonge Street is so overgrown with trees that her business sign cannot be seen, except by persons approaching from the south. She asked Council what relief might be possible with regard to trimming the trees overhanging the boulevard or with regard to permitting her sign to overhang the boulevard. In addition, she pointed out that the adjacent vacant land has collected significant deposits of debris. #280. Moved by Councillor Weller Seconded by Councillor Griffith THAT the request be referred to the Clerk's By-law Enforcement Staff for a Report. CARRIED Mr. Bill Porteous, St. Andrews On-The-Hill Homeowners Association re: Prohosed Construction of New Homes in the St. Andrews On-T e-Hill Subdivision Mr. Porteous indicated that he was speaking on behalf of an Association of 150 homeowners to express opposition to the proposed sale of 53 lots within the subdivision by the developer to a builder who intends, in the opinion of the Association, to build houses that are incompatible with existing dwellings. Mr. Porteous provided Counci 1 with copies of the developer's promotional material for the dwellings currently existing in the subdivision. Noting that the materials contain the developer's representations that it will maintain the overall integrity of design in the subdivision in keeping with the original concept of a country estate setting, Mr. Porteous distributed brochures and photographs to indicate the characteristics of the existing houses. He noted that the smallest existing houses in the subdivision are 2900 square feet, while the largest houses are in excess of 5600 square feet. Mr. Porteous then distributed photographs of dwellings similar to those which the builder now proposes to construct on 53 lots. He suggested that the size and exterior finishes of these mode 1 s were significantly out of keeping with the character of the neighbourhood. He further suggested that such construction was not in keeping with the representations made by the developer to both the original purchasers and to the Town itself. Noting that the Association has been unable to reach agreement on this issue with either the deve 1 oper or the bui 1 der, Mr. Porteous recommended that Counci 1 initiate a study of the continuing development of the subdivision and enact an Interim Control By-law, pursuant to the provisions of the Planning Act, in order to restrict the issuance of building permits to houses in excess of 3,000 square feet until such time as appropriate planning controls can be installed. In support of this argument, Mr. Porteous provided Council with a letter from Mr. Wood, solicitor for the Association. #281. Moved by Councillor Weller Seconded by Councillor ,Jones THAT the request be referred to the Unfinished Business section of the Agenda. CARRIED ,,~ .. Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 3 - Mr. Hank Gosar, Aurora Minor Softball Association Inc. re: Girls Rep Softball Mr. Gosar indicated that he was the president of the Association, which facilitates participation in baseball by more than 1,000 boys and girls. At present, the Association is unable to field a girl's softball team at the representative 1 eve 1 on beha 1f of Aurora, because the Aurora Diggers are currently established as Aurora's representative team. He pointed out that the Diggers have exercised their veto power with the league to ensure that his Association could not make representations in this regard. In addition, the Diggers refused to sign releases to enable the Associations' girls to play outside the Town on the Oak Ridges teams. Recently this situation was reversed at an appeals hearing heard by the representative league. Nonetheless, anonymous letters sent to the Town of Richmond Hill may lead to prohibition of the Association's girls playing for Oak Ridges next year. In summary Mr. Gosar, suggested that the Diggers, which represent no more that 50 baseball players, have exercised a monopoly in order to prohibit the Association's members from playing at the representative level. He detailed a series of failed negotiations undertaken in order to try to merge the Association with the Diggers. In response to questions from Council, he indicated that some of the Association's members are unwilling to join the Diggers' organization, because the Diggers' executive and coaches are not elected democratically and there may be some dissatisfaction among the Association's members with the Diggers' coaches. Mr. Gosar then asked the Town to recognize his Association as the official minor ball organization for the Town. He asked the Town to recognize the Association's right to provide girls representative softball on an equal basis with the Diggers. He encouraged the Town to speak to representatives of the Diggers and request them not to exercise their right to veto the Association's efforts to enter the representative 1 eague. If the Diggers refused to cooperate with these request, Mr. Gosar asked the Town to deny the use of the Town's baseball diamonds to the Diggers. #282. Moved by Councillor Weller Seconded by Councillor Constable THAT the request be referred to the Director of Lei sure Services for a Report. CARRIED PASSING OF ACCOUNTS #283. Moved by Councillor Weller Seconded by Councillor Pedersen THAT the following Accounts in the total amount of $456,668.30 details of which are on file with the Treasury Office, are approved by Council for payment and the seal of the Corporation be attached thereto. Cheques Cheque #22926 TO #23038 Cheque #23039 TO #23097 Cheque #23098 TO #23189 Manual Cheques Cheque M41/92 TOTAL CARRIED $ 148,422.23 L I B R A R Y $ 308' 121.07 $ 125.00 $ 456,668.30 Councillor McKenzie, having previously declared a possible Conflict of Interest in Accounts paid to Herb McKenzie Auto Parts, did not take part in the vote called for payment of this account. Councillor Griffith, having previously declared a possible Conflict of Interest in Accounts paid to the Aurora Chambers of Commerce, did not take part in the vote called for payment of this account. Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 4 - SECTION "A" -CONSENT ITEMS Correspondence and Petitions Ministry of the Environment re: News Release - Improvements to Environmental Approvals Systems Announced by Environment Minister Ruth Grier THAT the correspondence be received as information. AMO's Newsbill re: Disentanglement Update - Consultation Paper Released on Control of Police Budgets THAT the correspondence be received as information. THAT permission be granted to close-off Walton Drive north from the intersection of Walton Drive and Batson Drive to the intersection of Walton Drive and Avondale Crescent for a street party on Monday, May 18, 1992 (May 24, 1992, potential rain date) from 2:00 p.m. to 11:00 p.m.; and THAT the residents notify the Works, Fire, Police and Ambulance Departments regarding this event. Ontario Soft Drink Association re: Curbside Recycling THAT the correspondence be received and referred to the Director of Public Works. Ministry of Transtortation re: Advanced Payment of Subsidy for Road mprovement THAT the correspondence be received as information. Mr. Brian Normore, resident re: Town of Aurora Amusement By-law THAT the correspondence be received and referred to the Clerk's Department for consideration along with the ongoing review of the Amusement By-law. Ms. Sylvia Gilchrist, resident re: Request to Close-off St. Andrew's Court for Street Party, June 14, 1992, 1:00 p.m. to 6:00 p.m. THAT permission be granted to close-off St. Andrew's Court for a street party to be held on June 14, 1992, National Neighbourhood Day, from 1:00 p.m. to 6:00p.m.; and THAT the residents notify the Works, Fire, Police and Ambulance Departments regarding this event. Ms. Jane Maclellan, resident re: Request to Close-off Timpson Drive and Dinsmore Terrace for Block Party, June 14, 1992, 2:00 p.m. to 11:00 .m. and Permission to Set-ff Fami y Fireworks on the vening of ,June 4th THAT permission be granted to close-off Timpson Drive and Dinsmore Terrace for a block party to be held on June 14, 1992, National Neighbourhood Day, from 2:00p.m. to 11:00 p.m.; and THAT the residents notify the Works, Fire, Police and Ambulance Departments regarding this event; and THAT the provisions of By-law 3302-91, a by-law to regulate the setting off of fireworks be waived insofar as the date prohibition restricting setting off fireworks on June 14, 1992 is concerned. ', -".-' Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 5 - Ms. Gayle Jack, resident re: Request to Close-off Harrison Avenue for Street Party, June 14, 1992, 1:00 p.m. to 11:00 p.m. THAT permission be granted to close-off Harrison Avenue for a street party to be held on June 14, 1992, National Neighbourhood Day, from 1:00 p.m. to 11:00 p.m.; and THAT the residents notify the Works, Fire, Po 1 ice and Ambulance Departments regarding this event. Mr. Paul Balfour, resident re: Request to Close-off T~ler Street for Street Party, June 14, 1992, 1 :DO p.m. to 6:00 p.m. THAT permission be granted to close-off Tyler Street for a street party to be held on June 14, 1992, National Neighbourhood Day, from 12:00 p.m. to 6:00p.m.; and THAT the residents notify the Works, Fire, Po 1 ice and Ambulance Departments regarding this event. Ministry of Treasury and Economics re: News Release - Jobs, Commitment to Services and Controlling the Deficit Priorities of 1992 Ontario Budget; and Treasurer of Ontario re: Meeting Ontario's Priorities - Your Guide to the 1992 Ontario Budget THAT the correspondence be received as information. Staff Reports LS92-047-174 -Leisure Services Department Monthly Information Report for April 1992 THAT the report prepared by the Director of Leisure Services outlining Departmental activities and statistics for the month of April 1992, be received as information. LS92-049-175 -Aurora Agricultural Society -Beer Garden Request, June 12, 1992 THAT Counci 1 approve, subject to the conditions contained herein, the operation of a Beer Garden at Machell Park by the Aurora Agricultural Society on June 12, 1992 as part of the Agricultural Fair which takes place on June 12 -14, 1992. LS92-051-176 -Tree Removal -10 Aurora Heights Drive and 156 Wells Street THAT Council authorize the removal of municipal trees at 10 Aurora Heights Drive and 156 Wells Street. PL92-042-177 -Proposed Site Plan Agreement between the Town of Aurora and Diana Leeming In Trust, 5 Industrial Parkway South, Lot 19, Registered Plan 535; D11-11-91 THAT subject to the payment of a 11 app 1 i cab 1 e fees, Council authorize the Site Plan Agreement between the Town of Trust; and financial Mayor and Aurora and securities and Clerk to sign a Diana Leeming In THAT Council waive the provisions of the Procedural By-law to permit three readings of the implementing Zoning By-law. "" ' ',_",/ Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 6 - PL92-043-178 -Proposed Site Plan A~reement between the Town of Aurora and the York Region oard of Education Highview Public School, 240 McClellan Way; DII-14-91 THAT subject to the provision of all financial securities and fees, Council authorize the Mayor and Clerk to sign a Site Plan Agreement between the Town of Aurora and the York Region Board of Education. PW92-039-179 -Tender Award, Tender P.W.-1992-09 Watermain Construction, Aurora Heights Dr1ve Yon~e Street to Tannery Creek and Pedestrian Wal way, Browning Court to Holman Drive, Town of Aurora #284. THAT Tender P.W.-1992-09, Watermain Construction along Aurora Heights Drive from Yonge Street to Tannery Creek and along the pedestrian walkway from Browning Court to Holman Drive be awarded to the low bidder, Vic Priestly Contracting Limited, at its bid price of $43,904.78; THAT a contingency allowance of $4,000.00 be approved for this project; and THAT project costs be debited to Capital Account #490-983 and #490-982. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the suggested resolutions respecting the matters listed as "Consent Items" be adopted as submitted to Counci 1, and Staff be authorized to take all necessary action required to give effect to same. CARRIED Councillor Timpson, having previously declared a possible Conflict of Interest in Report PL92-043-178, did not take part in the vote called in this regard. Councillor McKenzie, having previously declared a possible Conflict of Interest in Report PL92-042-177, did not take part in the vote called in this regard. Councillor Healy, having previously declared a possible Conflict of Interest in Report PL92-043-177, did not take part in the vote called in this regard. SECTION B -MATTERS FOR CONSIDERATION CORRESPONDENCE AND PETITIONS Ms. Sarah Dore~, resident re: Request for "Duck Crossing Sign at the Corner of Brookland Avenue and Yonge Street #285. Moved by Councillor Jones Seconded by Councillor Pedersen THAT signs be erected to indicate that ducks cross at this intersection. DEFEATED AMO's Policy Position re: Environment -Refillable Beverage Containers #286. Moved by Councillor Timpson Seconded by Councillor Healy THAT Council endorse AMO's policy position with respect to refillable beverage containers. CARRIED Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 7 - Town of Newmarket re: Province of Ontario Proposal to Use OMERS Funds to Invest in Lon~ Term Growth Industries through a Crown Corporat1on #287. Moved by Councillor Jones Seconded by Councillor Pedersen THAT Council endorse the Town of Newmarket's opposition to the proposal by the Province of Ontario to use OMERS funds to invest in proposed long term growth industries. CARRIED Town of Tillsonburg re: Resolution -Sales Taxes on Alcohol, Tobacco and Gasoline; Resolution-Mandatory Curbs1de Re-cycling #288. Moved by Councillor Pedersen Seconded by Councillor Jones THAT the correspondence be received as information. CARRIED City of Scarborough re: Financing the Sheppard Subway #289. #290. Moved by Councillor McKenzie Seconded by Counci 11 or Timpson THAT the correspondence be received as information. CARRIED Techni ca 1 Report Moved by Councillor Timpson Seconded by Councillor Pedersen THAT Council indicate to the Ministry of Municipal Affairs that it endorses the Region's position and shares the Region's concerns with respect to the Durham Official Plan. CARRIED COMMITTEE REPORTS Committee of the Whole Meeting No. 21-92 #291. #292. Moved by Councillor Healy Seconded by Councillor Constable THAT, with the exception of Recommendation No. 8, dealing with the proposed Wellington Street passageway, the Minutes of the Committee of the Whole Meeting No. 21-92 be received and the recommendations carried by the Committee be adopted. CARRIED Moved by Councillor Healy Seconded by Councillor Pedersen THAT Recommendation No. 8 be amended in order to to examining the feasibility of reducing the proposed passageway. CARRIED de 1 ete reference ''width'' of the Councillor Timpson, having previously declared a possible Conflict of Interest in Recommendation No. 8, did not take part in the vote called in this regard. '~ Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 8 - STAFF REPORTS LS92-048-180 -Tender Award -Tender No. LS-1992-04 One (1) Four Wheel Drive Agricultural Tractor #293. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT Tender LS 1992-04, one (1) 1992 Four Wheel Drive Agricultural Tractor, be awarded to the low bidder, Hutchinson Farm Supply, R.R. #1, Stouffville, Ontario, for their all inclusive price of $14,754.50; and THAT the cost of the equipment be debited to Account #750-907 within the 1992 Capital Budget. CARRIED LS92-050-181 -Leisure Complex Fitness Centre - Equipment Purchase #294. Moved by Councillor Jones Seconded by Councillor Healy THAT Council approve, the purchase of fitness equipment from Total Life Maintenance Inc., Hamilton, Ontario at its quotation price of $24,719.25. CARRIED PER92-008-182 -Volunteer Firefighters -1992 Compensation #295. Moved by Councillor Healy Seconded by Councillor Constable THAT Council approve the following rate for Aurora Volunteer Firefighers, effective January 1, 1992: Initial Call (first 2 hours) Overtime (each additional hour) Standby (summer weekends only) $30.05* $14.06/hour $ 2.91/hour * Rates quoted for Initial Call reflect Level 1 (First Class Firefighter) classification wage. Rates for other levels are a percentage of a Level 1 Firefighter's rate and will increase or decrease proportionately. CARRIED TR92-024-183 -Policy Regarding Penalty Charges for Water Billings #296. Moved by Councillor Constable Seconded by Councillor Healy THAT the penalty charge on Water Billing Accounts unpaid after the due date be revised to 5% on the current charge. CARRIED TR92-025-184 -Taxes Receivable and Arrears Collection #297. Moved by Councillor Pedersen Seconded by Councillor McKenzie THAT Report TR92-025-184 regarding taxes receivable be received as information. CARRIED Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 - 9 - TR92-026-186 -1992 Mill Rates #298. Moved by Counci 11 or Jones Seconded by Counci 11 or Pedersen THAT by-law 3398-92, to adopt the 1992 Mill Rates for the Town of Aurora, The Region of York, the York Region Board of Education, and the York Region Roman Catholic School Board, be given three readings. CARRIED Councillor Timpson, having previously declared a possible Conflict of Interest in TR92-026-186, did not take part in the vote called for in this regard. Councillor Healy, having previously declared a possible Conflict of Interest in TR92-026-186, did not take part in the vote called for in this regard. PW92-040-185 -Tender Award, Tender P.W. -1992-10 Industrial Parkway North, Resurfacing, Town of Aurora #299. Moved by Councillor Weller Seconded by Councillor Pedersen THAT Tender P.W.-1992-10, Industrial Parkway North Resurfacing be awarded to the low bidder, Gazzola Paving Limited, at its bid price of $112,393.87; THAT a contingency allowance of $10,000.00 be approved for this project; and THAT project costs be debited to Capital Account 392. CARRIED RESOLUTION Release of Site Plan Security #300. Moved by Councillor McKenzie Seconded by Councillor Pedersen THAT, upon the recommendation of the Director of Public Works, the Director of Building Administration, the Director of Leisure Services, and the Fire Chief, $8,000.00 plus calculated interest from the $12,000.00 held in connection with the provisions of Site Plan Agreement D11-35-88, be released; and THAT, the remaining amount of $4,000.00 be retained and deposited into Account No. 309-313 for the repair of Town sidewalk, and minor asphalt and the placing of a ''Handicap" sign and sod on the Citadel Place I site as requested by the Public Works Department. CARRIED UNFINISHED BUSINESS Mr. Bill Porteous, St. Andrews On-The-Hill Homeowners Association re: Proposed Construction of New Homes in the St. Andrews On-The-Hill Subdivision #301. Moved by Councillor Timpson Seconded by Councillor Jones THAT the letter from the Association's solicitor be provided to the Town's solicitors in order that their comments may be referred to the Planning Advisory Committee meeting on May 19, 1992; and THAT the Committee procedures Act. Director of Planning provide the Planning Advisory with further information as to the policies and for an Interim Control By-law pursuant to the Planning CARRIED Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 BY-LAWS #302. -10 - Moved by Councillor Timpson Seconded by Councillor Weller THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3377-92 Being a by-law to regulate traffic and to govern and control the parking of vehicles in the Town of Aurora. 3394-92 Being a By-law to amend Parking By-Law 2513-83 with respect to Aurora Heights Drive at Our Lady of Grace School. 3395-92 Being a By-law to amend By-law 2213-78 (St. Andrews Golf & Country Club). 3395-92 Being a By-law to amend By-law 2213-78 (Zaroukian Holdings Limited). 3397-92 Being a By-law to amend By-law 2213-78 (Diana Leeming In Trust). 3398-92 Being a By-law to adopt the estimates of all sums required during the year for general purposes, net regional levy and education requirements; and to strike the rate of taxation for the year 1992. AND THAT the same be taken as read a First Time. CARRIED Councillor Timpson, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. Councillor McKenzie, having previously declared a possible Conflict of Interest in By-law 3397-92, did not take part in the vote called for in this regard. Councillor Healy, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. #303. Moved by Councillor Jones Seconded by Councillor Healy THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3394-92 Being a By-law to amend Parking By-Law 2513-83 with respect to Aurora Heights Drive at Our Lady of Grace School. 3395-92 Being a By-law to amend By-law 2213-78 (St. Andrews Golf & Country Club). 3395-92 Being a By-law to amend By-law 2213-78 (Zaroukian Holdings Limited). 3397-92 Being a By-law to amend By-law 2213-78 (Diana Leeming In Trust). 3398-92 Being a By-law to adopt the estimates of all sums required during the year for general purposes, net regional levy and education requirements; and to strike the rate of taxation for the year 1992. AND THAT the same be taken as read a Second Time. CARRIED Aurora Council Minutes No. 23-92 Wednesday, May 13, 1992 -11 - Councillor Timpson, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. Councillor McKenzie, having previously declared a possible Conflict of Interest in By-law 3397-92, did not take part in the vote called for in this regard. Councillor Healy, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. #304. Moved by Councillor Healy Seconded by Councillor Constable THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 3397-92 Being a By-law to amend By-law 2213-78 (Diana Leeming In Trust). 3398-92 Being a By-law to adopt the estimates of all sums required during the year for general purposes, net regional levy and education requirements; and to strike the rate of taxation for the year 1992. AND THAT the same be taken as read a Third Time. CARRIED Councillor Timpson, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. Councillor McKenzie, having previously declared a possible Conflict of Interest in By-law 3397-92, did not take part in the vote called for in this regard. · Councillor Healy, having previously declared a possible Conflict of Interest in By-law 3398-92, did not take part in the vote called for in this regard. QUESTIONS BY MEMBERS Councillor Healy NEW BUSINESS Requested the Clerk to review the proposed Parking By-law to ensure that provisions could be made to enable bicycles to ride on certain sidewalks, such as the proposed Wellington Street passageway, where designated. Ms. Irene St. John re: Request for Proclamation -"Lawn Bowling Week" #305. Moved by Councillor Jones Seconded by Councillor Constable THAT the week of May 18th -20th, 1992 be proclaimed "Lawn Bowling Week" in the Town of Aurora. CARRIED ADJOURNMENT #306. Moved by Councillor Griffith THAT the meeting be adjourned at 9:35 p.m. { CARRIED J · WEST , MA:XO!' L. IC::IP(\L CLERK