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MINUTES - Council - 19941026II TOWN OF AURORA COUNCIL MEETING NO. 33-94 Council Chambers Aurora Town Hall Wednesday, October 26, 1994 8:00p.m. MINUTES II COUNCIL MEMBERS IN ATTENDANCE Mayor West in the Chair; Councillors Griffith, Healy, Jones, McKenzie, Pedersen, Timpson and Weller. STAFF MEMBERS IN ATTENDANCE DECLARATION OF CONFLICT OF INTEREST Councillor Constable was absent. Municipal Clerk, Deputy Clerk/Solicitor, Director of Planning, Director of Building Administration, Director of Public Works, Fire Chief, Parks Supervisor and Treasurer. Councillor Jones declared a possible Conflict of Interest in By-law No. 3561- 94.D by virtue of his membership in the Timberlane Tennis and Country Club, 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 Healy declared a possible Conflict of Interest in the Correspondence from the York Region Board of Education re: Supplementary Assessment Fee, by virtue of his employment with same and in the Correspondence from Ms. G. Christmas re: Proposed Improvements to Royal Road by virtue of his residence on that street, 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: Supplementary Assessment Fee by virtue of his 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. Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 2 APPROVAL OF AGENDA #601. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the content of the Agenda be approved as outlined herein, with the additions of the following to the New Business section of the Agenda: Correspondence from The Bahai's of Aurora re: Unity in Diversity Concert; Memorandum from Mayor West re: Appointment of Director of Leisure Services; and with the additions of the following for consideration along with Second and Third Reading of By-law Nos. 3561-94.D, 3566-94.D and 3580-94.D. Memorandum from the Director of Planning re: Zoning By- law Amendments for By-law No. 3561-94. D (Bayview Parks) and By-law No. 3566-94.D (738057 Ontario Limited); Correspondence from Alcorn & Associates Limited re: Proposed By-law No. 3580-94.D (West Hill). CARRIED DELEGATIONS Mr. Lebovic, West Hill Redevelopment Company Limited re: Zoning By-law Amendment, Blocks E & F, Plan M-57: D14-06-93 Mr. Lebovic addressed Council's proposed third reading consideration of Bill No. 3580-94.D to permit the construction of residential units adjacent to the lands owned by Maple Leaf Foods Inc. on Yonge Street. He noted that the original provisions of the subdivision agreements for the residential lands to the east required that the Ministry of Environment and Energy be satisfied with regard to distance separation requirements before his lands could be developed for residential uses. Mr. Lebovic pointed out that the proposed release of the holding provisions of the Bill before Council this evening had added the additional requirement that the lands be used for "non-industrial" purposes. He pointed out that this could effectively freeze his lands if the Ministry of Environment and Energy removed its distance separation requirements, but the Maple Leaf lands continued in industrial uses. Accordingly, he asked Council to remove this requirement from the proposed by-law. This request was supported in argument by his Counsel, Mr. Rapoport. In response to questions from Council, the Director of Planning pointed out that Maple Leaf Foods had submitted correspondence to Council and indicated that Staff have concerns that incompatible land uses could pose a problem in future if the industrial designation remains on the Maple Leaf lands while the Lebovic lands are developed for residential uses. #602. Moved by Councillor Healy Seconded by Councillor McKenzie THAT the delegation be referred for consideration along with By- law No. 3580-94.D. CARRIED Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 ADOPTION OF MINUTES Page 3 Special Council-Public Planning Meeting No. 30-94. September 26. 1994 Council Meeting No. 31-94. Wednesday. September 28. 1994 Council Meeting No. 32-94. Wednesday. October 12. 1994 #603. Moved by Councillor Weller Seconded by Councillor McKenzie THAT the Minutes of Meeting Numbers No. 30-94, 31-94 and 32-94 be adopted as printed and circulated. CARRIED II SECTION "A, -CONSENT ITEMS II CORRESPONDENCE AND PETITIONS The Crohn's and Colitis Foundation of Canada. York Region Chapter re: Request for Proclamation - "Crohn's and Colitis Foundation of Canada's Awareness Month". November, 1994 THAT November, 1994 be proclaimed "Crohn's and Colitis Foundation of Canada's Awareness Month" in the Town of Aurora. The York Region Board of Education re: Request to Hood "No Parking" Signs Along McDonald Drive. South to Kennedy Street West for Regional Conference on November 4, 1994 THAT the "no parking" signs be hooded along McDonald Drive South to Kennedy Street West from 8:00 a.m. to 3:45 p.m. on November 4, 1994 for the Board Regional Conference. The Pr. G.W. Williams Secondary School re: Town of Aurora Awards for 1994 THAT The Dr. G.W. Williams Secondary School be notified that Council intends to make the Town of Aurora Awards available for the Commencement of The Dr. G.W. Williams Secondary School. Office of Consolidated Hearings re: Amended Notice of Public Hearing Regarding a Change in Location of the Proposed Leachate Sewer Line Route -Proposed IWA Landfill Waste Disposal Site for Metropolitan Toronto/ York Region THAT the correspondence be received as information. \. -- Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Light of Christ School re: Request to Hood "No Parking" "No Stopping" Signs in front of Light of Christ School. 290 McClellan Way for Special Event Page 4 THAT the "no parking" and "no stopping" signs in front of The Light of Christ School, 290 McClellan Way be hooded on October 31, 1994 from 8:30 a.m. to 4:30 p.m. for a special event and on November 14, 1994 from 8:30a.m. to 4:30p.m. for the municipal election. Town of Whitchurch-Stouffville re: Fire Protection Agreement Between The Town of Whitchurch- Stouffville and The Town of Aurora THAT the correspondence be received and referred to the Fire Chief for a response. AMO's Municipal Alert re: Municipal Telecommunication Network for Ontario -AMO Applies for ONIP Funding THAT the correspondence be received as information. Highview Public School re: Request to Lift Parking Restrictions on McClellan Way. November 12, 1994 for Silent Auction THAT the parking restrictions on McClellan Way be lifted on November 12, 1994 for a Silent Auction. Edutran Transportation Inc. re: Request to Hood "No Parking" Signs on Punning Avenue and Cameron Avenue. November 4, 1994 for Workshop THAT the "no parking" signs on Dunning Avenue and Cameron Avenue be hooded on November 4, 1994 from 8:00 a.m. to 2:30 p.m. for a workshop. Committee of Adjustment. Notices of Decision Application-A-31 &32-94/D13-31 &32-94 IKelloryn Inns! Application-A-33&34-94/D13-33&34-94 IAican Aluminum Ltd.l Application-A-35-94/013-35-94 ICoscan Development Corp.! Application-A-36-94/D13-36-94 !Dolenich Enterprises Ltd.l Application-A-37-94/013-37-94 IGoessingerl Application-A-38-94/D13-38-94 !Cameron) Application-A-39-94/D13-39-94 IBrontolone Construction! Application-B-13-94/P1 0-13-94 IBeavertop/Ernst & Young lnc.l Application -B-14-94/D 1 0-14-94 IMolellal Application-B-15-94/D1 0-15-94 !Dical Investments Inc,! THAT the correspondence be received as information. Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 5 STAFF REPORTS CL94-056-294 -Canada/Ontario Infrastructure Works Program: Authorization of Agreement-Reconstruction of Industrial Parkway. Yonge Street to Vandorf Sideroad THAT Bill Number 3587-94.L, being a By-law to authorize the Corporation to enter into an amending agreement respecting the Canada/Ontario Infrastructure Works Program in relation to reconstruction of Industrial Parkway, Yonge Street to Vandorf Sideroad, be provided three readings; and THAT the Mayor and Clerk be authorized to execute such additional documentation as may be required in relation to this project. LS94-029-295 -Tree Removal -38 Kemano Road THAT Council authorize the removal of one ( 1 ) White Spruce tree (approximately 8 metres in height, 500 em. in diameter). from the Municipal road allowance at 38 Kemano Road. L$94-030-296 -Application for Financial Grant to Ministry of Environment and Energy THAT Council authorize a Grant Application to the Ministry of Environment and Energy to assist in the funding of a Brush Chipper unit. TR94-034-297 -Petition for Interim Payment under the Public Transportation and Highway Improvement Act. THAT Council approve a Petition to the Ministry of Transportation for Interim Payment under the Public Transportation and Highway Improvement Act based on total expenditures in the amount of $1,1 09,042.02 to September 1994. PL94-122-298-Proposed Site Plan Agreement Exal Aluminium Inc .. 95 Dunning Avenue. Part of Block A and B and Part Edward Street. Registered Plan 488 and Part of Lot 77. Concession 1 EYS and Lot 36. Registrar's Compiled Plan 10328: 011-18-94 #604. THAT subject to the provision of all applicable fees, Council authorize the Mayor and Clerk to sign a Site Plan Agreement between Exal Aluminium Inc. and the Town of Aurora for the construction of a building addition and related parking lot. 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. 33-94 Wednesday, October 26, 1994 Page 6 II SECTION .. B .. -MATTERS FOR CONSIDERATION II CORRESPONDENCE AND PETITIONS The Town of Markham re: Tipping Fee Rebate Calculation Formulae Change -Impact on the Town of Markham #605. Moved by Councillor Timpson Seconded by Councillor Healy THAT the Town of Aurora endorse the correspondence from the Town of Markham. CARRIED The Town of Whitby re: Request for Support of Resolution -Funding at Whitby Psychiatric Hospital #606. Moved by Councillor Pedersen Seconded by Councillor Healy THAT the correspondence be received as information. CARRIED Aurora Chamber of Commerce re: Donation to the New Arena Fund #607. Moved by Councillor Healy Seconded by Councillor Jones THAT the correspondence be received as information and that Council express its appreciation to the Aurora Chamber of Commerce for its efforts in this regard. CARRIED The York Region Board of Education re: Supplementary Assessment Fee #608. 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 in this matter, did not take part in the vote called for in this regard. Royal Canadian Legion re: Annual Remembrance Day Parade. November 6. 1994: Request for Proclamation -"Poppy Week": Request to Pay for Remembrance Day Programmes: and Request to Purchase One Wreath #609. Moved by Councillor Jones Seconded by Councillor McKenzie THAT the correspondence of the Royal Canadian Legion regarding the Annual Remembrance Day Parade, November 6, 1994 be received as information; Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 7 THAT arrangements be made for the proclamation of "Poppy Week" to be inserted in the Aurora Notice Board; and THAT the Town pay for the Remembrance Day programs and the purchase of one wreath in the amount of $60.00. CARRIED Hadley Grange Social Club re: St. John's Sideroad Entrance to Hadley Grange #610. Moved by Councillor Healy Seconded by Councillor Jones THAT the correspondence be received and referred to the Director of Public Works for a Report. CARRIED Caledon CLEAN re: Resolution -Mega Dump Site Selection #611. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT Council of the Town of Aurora endorse the resolution of the Caledon CLEAN coalition. CARRIED Ms. G. Christmas, Resident re: Proposed Improvements to Royal Road #612. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the correspondence be received and referred to the Director of Public Works for a response. CARRIED Councillor Healy, having previously declared a possible Conflict of Interest in this matter, did not take part in the vote called for in this regard. Ontario Waste Management Association re: Invitation to Attend Fall Meeting Entitled "Innovative Thinking: The Way of the Future. November 16, 1994 #613. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED Memorandum from Mayor West re: Appointment of Acting Chief Administrative Officer #614. Moved by Councillor Jones Seconded by Councillor Timpson THAT the Municipal Clerk, Lawrence Allison, be appointed Acting Chief Administrative Officer for the Town of Aurora. CARRIED Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 8 COMMITTEE REPORTS LACAC94-009 -October 17. 1994. L.A.C.A.C. Meeting #615. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the Report of the L.A.C.A.C. meeting held on October 17, 1994 be received as information. CARRIED STAFF REPORTS CL94-055-299 -Magna International Internal Security Requirements. Draft Plan of Subdivision 19T-94015 #616. Moved by Councillor Jones Seconded by Councillor Griffith THAT Council amend it's normal policies respecting the provision of internal subdivision servicing securities respecting draft plan of subdivision 19T-94015 such that: 1 . The Owners be permitted to proceed with the preservicing of the first phase of the subdivision and provide the standard servicing securities. 2. The Owners be permitted to proceed with the registration of the entire plan of subdivision without the requirement that additional internal servicing securities be deposited with the Municipality. 3. The provisions of the standard subdivision agreement be amended in Magna's instance to incorporate provisions requiring: i) retention of the full value of the initial serv1cmg securities for Phase I provided until the services in the second phase are completed to the point where the normal reduction policies would apply; ii) the provision of additional securities in the event that construction of the second phase of the works commences and there is not sufficient work in the first phase completed to provide the Town with sufficient funds to adequately secure the uncompleted works; iii) time frames of 12 (twelve) months to complete the first phase of the services and a total of 60 (sixty) months to complete all the works; iv) provisions that would not permit release of building permits for any lot or block within the lands included in the second phase or removal of the "H" building provisions of the Zoning By-law for the blocks therein until all the normal provisions for release of permits in the Agreement as they relate to the second phase of the services (i.e. base course asphalt) are complete. Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 9 4. The Town's Policy respecting Construction Lien Act security be maintained. 5. The preservicing approval already granted the Owners be permitted to proceed on the foregoing basis. CARRIED PW94-047-300-Winter Maintenance Program. 1994/95 #617. Moved by Councillor Healy Seconded by Councillor Jones THAT Council endorse Report PW94-047-300 as the Town's "Winter Maintenance Program" for the 1994/95 winter season. CARRIED PW94-049-301 -Regional Transit Implementation Study #618. Moved by Councillor Griffith Seconded by Councillor Jones THAT Council endorse the concept of a Regional Transit System as described in this Report. CARRIED PL94-123-302-Proposed Site Plan Agreement, 738057 Ontario Limited. 2 Allaura Boulevard, Lots 22, 23. 24 and 25 Registered Plan M-51 : D 11-19-94 #619. Moved by Councillor Griffith Seconded by Councillor Pedersen THAT subject to Zoning By-law 3566-94.D coming into force and the payment of all applicable fees, Council authorize the Mayor and Clerk to sign a Site Plan Agreement between 738057 Ontario Limited and the Town of Aurora for the construction of a building addition and related parking lot. CARRIED PL94-124-303-Proposed Site Plan Agreements. 14872 Yonge Street Inc .. being. Part of Block 59. Plan M-2034 at 14872 Yonge Street & Granada Investments Limited. being Part of Golf Links Drive and Part of Blocks 59. 60 and 61. Plan M-2034 and Part of Lot 82. Registered Plan 246 at 15 Golf Links Drive: D11-04-94 #620. Moved by Councillor Pedersen Seconded by Councillor Weller THAT, subject to the payment of all applicable fees: Council authorize the Mayor and Clerk to sign a Site Plan Agreement between 14872 Yonge Street Inc. and the Town of Aurora for the construction of a 785.41 m 2 (8,452 ft 2 ) commercial plaza and related parking lot; and Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 10 Council authorize the Mayor and Clerk to sign a Site Plan Agreement between Granada Investments Limited and the Town of Aurora for the construction of a parking lot. CARRIED PL94-1 26-304 -Updates on Various Agreements/ Documents. Magna International Inc. #621. Moved by Councillor Weller Seconded by Councillor McKenzie THAT Report PL94-126-304 respecting an update on the various agreements entered into between the Town and Magna International Inc. and documents to facilitate their proposed development be received as information. CARRIED UNFINISHED BUSINESS PL94-125-305 -Proposed Zoning By-law Amendment Part Lot 77 Concession 1 W.Y.S .. Aurora Shopping Centre 14800 Yonge Street. 99080 Ontario Limited: D14-13-94 #622. Moved by Councillor McKenzie Seconded by Councillor Weller THAT third reading be given to By-law 35 79-94. D incorporating the provisions pertaining to drive-thru restaurants, dry cleaning depots and automotive rental establishments described in the staff Report. CARRIED PW94-046-306 -Requirements for the Construction and Maintenance of Sanitary Sewage Pumping Stations #623. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT Council impose a sewer service charge on the lands being serviced by a sewage pumping station based on the actual costs to maintain and operate the station, such charges to be included on the quarterly sewer/water billing. CARRIED PW94-050-307 -Traffic Review -Kennedy Street West #624. Moved by Councillor Jones Seconded by Councillor Griffith THAT the appended resident's correspondence related to additional traffic concerns on Kennedy Street West be received and referred to the Director of Public Works for consideration in conjunction with the finalization of the Report on this subject. CARRIED Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 11 PW94-051-308 Speed Control Devices -Nisbet Drive #625. BY-LAWS #626. #627. Moved by Councillor Griffith Seconded by Councillor Healy THAT Council receive this Report as information; THAT Staff be directed to monitor the implementation of speed control devices in the City of Toronto; and THAT no further action be taken at this time regarding the installation of multi-way stop signs or traffic calming devices on Nisbet Drive. CARRIED Moved by Councillor Griffith Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3587-94.L 3588-94.T Being a By-law to authorize the Corporation to enter into an amending agreement respecting the Canada/Ontario Infrastructure Works Program, in relation to reconstruction of Industrial Parkway. Being a By-law to designate a multiple stop intersection on Walton Drive at the intersection of Birch Court and Cedar Crescent. AND THAT the same be taken as read a First Time. CARRIED Moved by Councillor Healy Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading, except that Bill 3561-94. D shall be amended by the revision submitted in the Memorandum of the Director of Planning: 3561-94.D 3587-94.L Being a By-Jaw to amend By-Jaw No. 2213-78 (Bayview Parks). Being a By-law to authorize the Corporation to enter into an amending agreement respecting the Canada/Ontario Infrastructure Works Program, in relation to reconstruction of Industrial Parkway. ·Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 12 3588-94.T Being a By-law to designate a multiple stop intersection on Walton Drive at the intersection of Birch Court and Cedar Crescent. AND THAT the same be taken as read a Second Time. CARRIED Councillor Jones, having previously declared a possible Conflict of Interest in Bill No. 3561-94.D, did not take part in the vote called for in this regard. Delegation of Mr. Lebovic. West Hill Redevelopment Company Limited re: Zoning By-law Amendment. Blocks E & F. Plan M-57: D14-06-93 and Correspondence from Alcorn & Associates Limited re: By-law No. 3580-94.D !West Hill Redevelopment Company!. Blocks E and F. Plan M-57: D14-06-93l #628. #629. Moved by Councillor Pedersen Seconded by Councillor Weller THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading, except that Bill 3566-94.D shall be amended by the revision submitted in the Memorandum of the Director of Planning: 3566-94.D 3579-94.D 3580-94.D 3584-94.T 3586-94.T Being a By-law to amend By-law No. 2213-78 (738057 Ontario Ltd.). Being a By-law to amend By-law No. 2213-78 (Merkur). Being a By-law to amend By-law No. 2213-78 (West Hill). Being a By-law to permit the encroachment of a portion of an existing building on Wells Street at 58 Wellington Street East. Being a By-law to amend Parking By-Law 3377-92 with respect to McClellan Way. AND THAT the same be taken as read a Third Time. CARRIED Moved by Councillor Weller Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading, except that Bill 3561-94.D shall be amended by the revision submitted in the Memorandum of the Director of Planning: Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 Page 13 3561-94.D 3587-94.L Being a By-law to amend By-law No. 2213-78 (Bayview Parks). Being a By-law to authorize the Corporation to enter into an amending agreement respecting the Canada/Ontario Infrastructure Works Program, in relation to reconstruction of Industrial Parkway. AND THAT the same be taken as read a Third Time. CARRIED Councillor Jones, having previously declared a possible Conflict of Interest in By-law No. 3561-94.D, did not take part in the vote called for in this regard. QUESTIONS BY MEMBERS Councillor Healy Requested the Director of Public Works to Report to Council on November 23, 1994 with regard to the Town's street lamp replacement practice and options to modify this practice. Councillor Pedersen Requested Staff to ensure that adequate notice respecting the Town's leaf pick-up program is provided in the Aurora Notice Board to ensure that leaves are bagged rather than deposited without bags upon the side of the road. Councillor Jones Noted that the Charitable Fundraising Committee of Town Staff had raised in excess of $4,000 through 1994 for various charitable purposes and expressed Council's acknowledgement to this Committee for its good work. NEW BUSINESS Memorandum from Mayor West re: Photo Radar #630. Moved by Councillor Timpson Seconded by Councillor Healy THAT the Provincial Government be requested, after the court cases relating to the legality of photo radar have been resolved, to make available to By-law Enforcement Officers of area municipalities the use of photo radar for speed and intersection control. CARRIED Aurora Council Minutes No. 33-94 Wednesday, October 26, 1994 The Bahai's of Aurora re: Unity in Diversity Concert Page 14 #631. Moved by Councillor McKenzie Seconded by Councillor Weller THAT the correspondence be received as information. CARRIED Memorandum from Mayor West re: Appointment of Director of Leisure Services #632. Moved by Councillor Timpson Seconded by Councillor Jones THAT Council confirm the appointment of Mr. Barry Russell as Director of Leisure Services for the Town of Aurora, effective November 28, 1994. CARRIED ADJOURNMENT #633. Moved by Councillor Jones THAT the meeting be adjourned at 8:35p.m. CARRIED J. WEST NICIPAL CLERK