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MINUTES - Council - 19940427II TOWN OF AURORA COUNCIL MEETING NO. 13-94 Council Chambers Aurora Town Hall Wednesday, April 27, 1994 8:00p.m. MINUTES II COUNCIL MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Griffith, Healy, Jones, McKenzie, Pedersen, Timpson and Weller. Councillor absent on engagement. Constable was a business STAFF MEMBERS IN ATTENDANCE Chief Administrative Officer, Municipal Clerk, Deputy Clerk/Solicitor, Director of Planning, Director of Building Administration, Director of Public Works, Director of Personnel, Director of leisure Services, Fire Chief and Treasurer. DECLARATION OF CONFLICT OF INTEREST Councillor Healy declared a possible Conflict of Interest in Report ADM94-008- 11 0 with respect to potential improvements to Royal Road by virtue of his residence on that street and in the correspondence from the York Region Board of Education re: Education Development Charges due to employment with same, and did not take part in or vote on any questions in this regard, or attempt in any way to influence the voting on such questions. Councillor Timpson declared a possible Conflict of Interest in the correspondence from the York Region Board of Education re: Education Development Charges due to employment with same, and did not take part in or vote on any questions in this regard, or attempt in any way to influence the voting on such questions. APPROVAL OF AGENDA #218. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the content of the Agenda be approved as outlined herein, with the addition of delegations from lebovic Enterprises and McAlpine Ford lincoln Mercury Sales ltd. re: By-law No. 3499-93 and Report Pl94-043-116; with the addition of a delegation from Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 2 Royal LePage re: Sign By-law Variance Application by Royal LePage at 14799 Yonge Street and Report BA94-002-112; with the addition of correspondence from Mr. G. Scott re: Traffic on Kennedy Street West for consideration along with correspondence from concerned residents regarding this subject and with the deletion of Report ADM94-009-111. CARRIED DELEGATIONS Mr. Lebovic. Lebovic Enterprises re: Objection to By-law 3499-93 Mr. Lebovic addressed Report PL94-043-116. He indicated that, in his opinion, the objection to his development proposal is frivolous because the objector's land does not abut his lands, because his lands have been designated for residential uses within the Town's Official Plan for a considerable period of time and because issues with respect to potentially incompatible nearby industrial uses seem to have been resolved. He distributed a letter from his solicitor to the appellant and indicated that he would be willing to place a "buyer beware" noise clause on title to his lands. He concluded by asking Council to request an expeditious hearing by the Ontario Municipal Board and to support his position with respect to that objection. #219. Moved by Councillor Weller Seconded by Councillor McKenzie THAT the delegation be received as information and referred for consideration along with Report PL94-043-116. CARRIED Mr. J. McAlpine. McAlpine Ford Lincoln Mercury Sales Ltd. re: By-law No. 3499-93 Mr. McAlpine reviewed some of the history of Council's consideration of the development applications for both the Lebovic lands and the adjacent Maple Leaf development application. He expressed the opinion that Council's consideration of these applications had always proceeded on the basis that the question of the future residential use of the Maple Leaf lands, which are currently industrial, would be resolved before either of the development applications could go forward. Noting that the Maple Leaf application has not been resolved, and that the lands could continue as an industrial use, he stated that his appeal of Council's decision to place the lands in a Holding Residential Zone was not frivolous. #220. Moved by Councillor Weller Seconded by Councillor Jones THAT the delegation be received as information and referred for consideration along with Report PL94-043-116. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Mr. Murray Stranks. Royal LePage Real Estate Ltd. re: Sign By-law Variance Application. 14799 Yonge Street Page 3 Mr. Stranks, Construction Manager for the delegate introduced Ms. Lockett the branch manager who addressed Report BA94-002-112. Ms. Lockett pointed out that the corporation plays a significant role in promoting the Town to both residential clients and to corporate clients who may wish to relocate in Aurora. In doing so, they find that they are hindered by the lack of visibility of their offices. Accordingly, she requested Council's favourable consideration of the request to authorize an exception to the Sign By-law. In response to questions from Council, Mr. Stranks indicated that the signage was erected without appropriate permits based upon a misunderstanding between the landlord and the applicant. #221. Moved by Councillor Griffith Seconded by Councillor Weller THAT the delegation be received as information and referred for consideration along with Report BA94-002-112. CARRIED ADOPTION OF MINUTES Special Council -Public Planning Meeting No. 09-94, March 28, 1994 Council Meeting No. 10-94. March 30, 1994 Special Council-Public Planning Meeting No. 11-94. April 5. 1994 Council Meeting No. 12-94, April 13. 1994 #222. Moved by Councillor Weller Seconded by Councillor Pedersen THAT the Minutes of Meeting Numbers 09-94, 1 0-94, 11-94 and 12-94 be adopted as printed and circulated. CARRIED SECTION "A" -CONSENT ITEMS CORRESPONDENCE AND PETITIONS The Municipality of Metropolitan Toronto re: Clause No. 1 in Report No. 5 of the Economic Development and Planning Committee -"Travel Demand Management: Responses to Overview Study and 1994 Work Program" THAT the correspondence be received as information. Ministry of Transportation re: 1994 Municipal Road Allocations and Supplementary Funding Requests THAT the correspondence be received and referred to the Director of Public Works. Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Ministry of Transportation re: Pavement Width for Local Residential Subdivision Roads Page 4 THAT the correspondence be received and referred to the Director of Public Works. Kennel Inn Animal Control Centre re: Quarterly Report -January/February/March, 1994 THAT the correspondence be received as information. Kennel Inn Animal Control Centre re: Raccoon Rabies Policies THAT the correspondence be received as information. Sts. Martha and Mary Catholic School re: Request for Proclamation -"Journey of Hope Day", May 12, 1994 THAT May 1 2, 1994 be proclaimed "Journey of Hope Day" in the Town of Aurora. Newmarket Junior Chamber of Commerce/Jaycees re: Request for Permission to Place Signs on Wellington Street & Bathurst Street and Wellington Street & Industrial Parkway for Publicity of Annual Home Show THAT the Town of Aurora has no objection to the Newmarket Junior Chamber of Commerce/Jaycees placing temporary signs on Wellington Street & Bathurst Street and Wellington Street & Industrial Parkway to publicize their Annual Home Show to be held on April 29th, April 30th and May 1st, 1994 Mr. & Mrs. Twiddy, Residents re: Request Permission to Close-Off Avondale Crescent for Annual Street Dance on June 25, 1994 THAT permission be granted to the residents of Avondale Crescent to close-off Avondale Crescent on June 25, 1994 from 6:30p.m. to 12:30 a.m. for a street dance; and THAT the residents notify the Works, Fire, Police, Ambulance Departments and all residents on the said street of this event. Ms. R. Coote, N.A.F.A.R. re: Request Permission to Hold a Barbecue Outside the Aurora IGA THAT permission be granted to N.A.F.A.R. to hold a barbecue outside Aurora IGA on May 14, 1994 from 11 :00 a.m. to 4:00p.m. Ms. Dawn Laverdure, Resident and Petitioners re: Request for Speed Limit Signs at 40 km/hr. to be Posted on Willow Farm Lane THAT the correspondence be received and referred to the Director of Public Works for a Report. Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Mr. Tom Taylor. Resident re: Deterioration of Mortar Joints and Foundation Walls and Floors of his Garage Page 5 THAT the correspondence be received and referred to the Director of Building Administration for a response. Canadian Mental Health Association re: Request for Proclamation -"Mental Health Week". May 2 -8. 1994 THAT May 2 to May 8, 1994 be proclaimed "Mental Health Week" in the Town of Aurora. Town of Markham re: Revision of Federal Electoral Boundaries THAT the correspondence be received as information. Osteoporosis Canada Relay Walk-Newmarket re: Invitation to Members of Council and Staff to Participate in the "Take Your Bones For a Walk". May 10. 1994 THAT the correspondence be received as information and members of Council be authorized to attend in accordance with the normal policy. Greater Toronto Home Builders' Association and Urban Development Institute/Ontario re: Response to a Consultation Paper - A New Approach to Land Use Planning THAT the correspondence be received as information. Gambin Associates re: Hearing -Waste Management of Canada Inc. Appeal from Decision of Town of Aurora Committee of Adjustment-Part Lot 13. Concession 2. Bayview Avenue. Town of Aurora THAT the correspondence be received as information. STAFF REPORTS PL94-038-1 06-Proposed Zoning By-law Amendment Linblasco Investments Inc .. Part Lot 86 Cone. 1 EYS North-west Corner of Bayview and St. John's Sideroad D14-23-91 THAT Council receive the following overview of Application D 14- 23-91, scheduled for the Public Planning Meeting of May 26, 1994 as information. Aurora Council Minutes No. 13-94 Page 6 Wednesday, April 27, 1994 #223. PL94-039-1 07-Proposed Zoning By-law Amendment Stanjon Developments Limited/81 0999 Ontario Limited 580 St. John's Sideroad East, Part Lot 86. Cone. 1 EYS D14-44-89 THAT the following overview of application D 14-44-89, scheduled for the May 26, 1994 Public Planning Meeting, be received as information. PL94-040-1 08-Proposed Official Plan Modification and Zoning By-law Amendment. Aurora Office Centre ( 1 051 715 Ontario Limited) St. John's Sideroad West and Yonge Street. Part Lot 86. Concession 1 WYS D09-08-94, D 14-1 0-94 THAT Report PL94-40 respecting Applications D 14-1 0-94 and D09- 08-94 advising that the subject applications have been scheduled for a Public Meeting on May 26, 1994 be received as information. PL94-044-1 09-Official Plan Site Specific Policy Modification !Deferral No. 14!. and Zoning By-Law Amendment R. Kashef and F. Ryfa. Part Lot 26. Plan 246, 212 and 220 Kennedy Street West; D09-02-94 and DO 14-04-94 THAT the Ministry of Municipal Affairs be requested to approve Deferral No. 14 of the 1991 Town of Aurora Official Plan with the following Site Specific Policy Area Modification 3.1 .4 i: "The lands on Part lot 26, Plan 246 Concession 1, W. Y.S. being designated as Suburban Residential shall permit five (5) lots, two of which shall contain at least 0.2 hectares, (0.5 acres) and three (3) of which shall not contain less than 0. 13 hectares (0. 32 acres) each. " THAT Council be requested to give first and second reading to the attached Bill 3537-94.D, being a By-law to amend By-law No. 2213-78, and to create an R 1-1 9 exception relating to lot area, lot frontage and interior side yards for the above properties. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the suggested resolutions respecting the matters listed as "Consent Items" be adopted as submitted to Council, and Staff be authorized to take all necessary action required to give effect to same. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 SECTION "8" -MATTERS FOR CONSIDERATION CORRESPONDENCE AND PETITIONS Town of Newmarket, Team '94 re: Request for Support at the 18th Annual Persechini Easter Seal Run/Walkathon Page 7 #224. Moved by Councillor Griffith Seconded by Councillor Jones THAT the correspondence be received as information. CARRIED Town of Whitchurch-Stouffville re: Part VII (Sewage Systems) of the Environment Protection Act -Maintenance, Inspection and Correction of Septic Systems #225. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED Lake Simcoe Region Conservation Authority re: Request for Endorsement and Approval for SOS (Save Our Simcoe) Storm Drain Marking Program #226. Moved by Councillor Healy Seconded by Councillor Jones THAT the correspondence be received as information. CARRIED AMO's Municipal Alert re: Help Fight Cuts to Municipal Road Grants #227. Moved by Councillor Jones Seconded by Councillor Healy THAT the correspondence be received as information. CARRIED Royal Canadian Legion. D-Day Committee re: Invitation to Attend the 50th Anniversary of D-Day and World War II #228. Moved by Councillor Griffith Seconded by Councillor Jones THAT the correspondence be received as information; and THAT notice be provided in the Town of Aurora Notice Board. CARRIED Aurora Council Minutes No. 13-94 Page 8 Wednesday, April 27, 1994 City of Brampton re: GTA Mayors Task Force re: A New Approach to Land Use Planning: Proposed Provincial Policy Statements #229. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the correspondence be received as information. CARRIED Regional Chairs of Ontario re: Planning and Development Reform #230. Moved by Councillor Healy Seconded by Councillor Griffith THAT the Director of Planning prepare a response to the correspondence and Report to Council in this regard. CARRIED Memorandum from Councillor Griffith re: Smoking By-law #231. Moved by Councillor Griffith Seconded by Councillor Weller THAT Staff be authorized to research the question of preparation of a No Smoking By-law and Report to Council in this regard. DEFEATED COMMITTEE REPORTS Business Development Committee Meeting No. 04-94 Wednesday. April 13. 1994 #232. DEFERRAL: #233. Moved by Councillor Griffith Seconded by Councillor Jones THAT the Chairman's Report of the Business Development Committee Meeting No. 04-94 be received and the recommendations carried by the Committee be adopted. Upon the question of the adoption of the resolution it was: Moved by Councillor Jones Seconded by Councillor Pedersen THAT consideration of Recommendation No. 2, with respect to Production of a Town of Aurora Video to Support the Allure Brochure, be deferred for consideration as part of the Report of the next upcoming Business Development Committee meeting dealing with this matter. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 9 #234. Moved by Councillor Jones Seconded by Councillor Pedersen THAT the Chairman's Report of the Business Development Committee Meeting No. 04-94 be received and the recommendations carried by the Committee, with the exception of Recommendation No. 2, be adopted. CARRIED Leisure Services Advisory Committee Meeting No. 04-94 Wednesday. April 20. 1994 #235. Moved by Councillor Jones Seconded by Councillor Healy THAT the Report of the Leisure Services Advisory Committee Meeting No. 04 -94 be received and the recommendations carried by the Committee be adopted. CARRIED LACAC Meeting No. 05-94. Monday. April 11. 1994 #236. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the Report of the LACAC meeting held on April 11, 1994 be received as information. CARRIED STAFF REPORTS ADM94-008-11 0-Canada/Ontario Infrastructure Works Program #237. Moved by Councillor Jones Seconded by Councillor Griffith THAT the Chief Administrative Officer be authorized to apply to the Canada/Ontario Infrastructure Works Program for approval of the following projects: • Reconstruction of Royal Road and Cameron Avenue • Reconstruction of Industrial Parkway from Yonge Street to Vandorf Sideroad • Reconstruction of Edward Street from Dunning Avenue to Metcalf Street • Resurfacing of McDonald Drive north between Wellington Street and Haida Drive • Reconstruction of Mill Street from Wellington Street to Tyler Street • Reconstruction of Kennedy Street from Wells Street to Edward Street CARRIED Councillor Healy, having previously declared a possible Conflict of Interest in this Report, did not take part in the vote called for in this regard. Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 10 BA94-002-112-Application for Variance from Sign By-law 14799 Yonge Street-Royal LePage and Delegation from Royal LePage Real Estate Ltd. re: Sign By-law Variance Application. 14799 Yonge Street #238. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the provisions of the Sign By-law be upheld. CARRIED CL94-015-113-By-law Services Vehicle Replacement #239. Moved by Councillor Weller Seconded by Councillor Pedersen THAT the tendering provisions of the purchasing policy be waived to permit staff to solicit proposals from local dealers to replace the By-law Services Vehicle. CARRIED PER94-003-114-Ratification of 1 994 Collective Agreement with Aurora Professional Firefighters Association (APFFAl #240. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the Mayor and Clerk be authorized to execute the attached Collective Agreement between the Corporation of the Town of Aurora and the Aurora Professional Firefighters Association, Local 2870 of the International Association of Firefighters, representing terms of employment for Fire Bargaining Unit employees for the period January 1, 1994 to December 31, 1994. CARRIED PL94-041-115-Terms of Reference, Growth Management Study #241. Moved by Councillor Pedersen Seconded by Councillor Weller THAT Staff be authorized to prepare the terms of reference for a Growth Management Study as a follow-up to Council' s resolution of March 28, respecting the Magna special study area proposals. CARRIED PL94-043-116-Objection to By-law 3499-93. Blocks G. H and J R.P. M-57. West Hill Redevelopment Company Limited. Blocks 204-210 R.P. 65M-2376. Revlis Securities Limited: D 14-31-91 and D 14-32-91 and Delegations from Mr. Lebovic. Lebovic Enterprises and Mr. J. McAlpine. McAlpine Ford Lincoln Mercury Sales Ltd. re: By-law No. 3499-93 #242. Moved by Councillor Jones Seconded by Councillor Healy THAT Council continue to support By-law 3499-93, despite the matters stated in the letter of objection; and Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 11 THAT the OMB be requested to make the changes set out in the staff report to correct a technical error in the drafting of the By-law. CARRIED PW94-012-117-Tender Award. Tender P.W.-1994-03 Aurora East Trunk Sewer & Watermain. Town of Aurora #243. Moved by Councillor Healy Seconded by Councillor Jones THAT Tender P.W.-1994-03, Construction of Aurora East Trunk Sewer and Watermain, be awarded to the low bidder, Con-Drain Company (1983) Limited, at its bid price of $1 ,030,662.23; THAT a contingency allowance of $30,000.00be approved for this project; and THAT the project costs for the works be debited to the Development Capital Account (No. 3009-0306-3120). CARRIED CONSENT ITEMS REQUIRING SEPARATE DISCUSSION Lake Simcoe Region Conservation Authoritv re: Capital Projects. Canada -Ontario Infrastructure Program. Town of Aurora #244. Moved by Councillor Healy Seconded by Councillor McKenzie THAT Staff report with respect to the feasibility of the ideas suggested in the correspondence. CARRIED Concerned Residents re: Speed on Kennedy Street West: and Mr. G. Scott re: Traffic on Kennedy Street West #245. Moved by Councillor Healy Seconded by Councillor Griffith THAT AMO be requested to lobby for the right of municipalities to establish a photo radar system to record and penalize speeding drivers. CARRIED The York Region Board of Education re: Request Permission to Hood "No Parking" Signs on Both Sides of MacDonald Drive, April 29. 1994 #246. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the correspondence be received as information. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 12 Theatre Aurora re: Invitation to Attend 35th Anniversary Gala and Request for Proclamation -"Theatre Week", in the Town of Aurora #247. Moved by Councillor Griffith Seconded by Councillor Timpson THAT the correspondence be received as information; and THAT the May 1-7, 1994 be proclaimed "Theatre Week" in the Town of Aurora. CARRIED RESOLUTIONS Appointment to the Aurora Public Library Board #248. BY-LAWS #249. Moved by Councillor Griffith Seconded by Councillor Healy THAT Mr. Natesan Subramanian be appointed to serve on the Board of the Aurora Public Library. CARRIED Moved by Councillor Griffith Seconded by Councillor Healy THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3537-94.D 3538-94.T 3539-94.T 3540-94.T Being a Bill to amend By-law No. 2213-78 (Kashef/Ryfa). Being a By-law to dedicate certain lands as public highway (St. John's Sideroad). Being a By-law to temporarily close a portion of Yonge Street, within the Town of Aurora, for the July 1st, 1994, Parade. Being a By-law to temporarily close Wells Street in conjunction with Civic holiday celebrations planned at the Town Park AND THAT the same be taken as read a First Time. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 Page 13 #250. Moved by Councillor Pedersen Seconded by Councillor Weller THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3537-94.D 3538-94.T 3539-94.T 3540-94.T Being a Bill to amend By-law No. 2213-78 (Kashef/Ryfa). Being a By-law to dedicate certain lands as public highway (St. John's Sideroad). Being a By-law to temporarily close a portion of Yonge Street, within the Town of Aurora, for the July 1st, 1994, Parade. Being a By-law to temporarily close Wells Street in conjunction with Civic holiday celebrations planned at the Town Park AND THAT the same be taken as read a Second Time. CARRIED QUESTIONS BY MEMBERS Councillor Weller -Repeated his request that the growth of shrubs on the Jack Wood's property be reviewed with a view to potentially trimming back this foliage. Referred to two recent drownings of persons whose hair was trapped in swimming pool drain systems and requested the Leisure Services Department to review this matter. NEW BUSINESS Ms. S. Menczel. Aurora Agricultural Society re: Request for Event at the Fair, June 1 0-1 2, 1994 to be Classified as a Community Festival #251. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT the Aurora Agricultural Society fair be classified as a Community Festival on a permanent basis. CARRIED Aurora Council Minutes No. 13-94 Wednesday, April 27, 1994 The York Region Board of Education and The York Region Roman Catholic Separate School Board re: Unpaid Education Development Charges Page 14 #252. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED Councillors Healy and Timpson, having previously declared a possible Conflict of Interest, did not take part in the vote called for in this regard. ADJOURNMENT #253. Moved by Councillor McKenzie THAT the meeting be adjourned at 9:08p.m. CARRIED J. WEST,