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MINUTES - Council - 19950329\ '"-~" TOWN OF AURORA COUNCIL MEETING NO. 09-95 Council Chambers Aurora Town Hall Wednesday, March 29, 1995 8:00p.m. II MINUTES II COUNCIL MEMBERS IN ATTENDANCE STAFF MEMBERS IN ATTENDANCE DISCLOSURES OF INTEREST Mayor Jones in the Chair; Councillors Griffith, Healy, McKenzie, Morris, Ochalski, Sorley and Wallace. Councillor Weller was absent on vacation. Municipal Clerk/Acting CAO, Deputy Clerk/Solicitor, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works, Fire Chief and Treasurer. Councillor Sorley disclosed an interest in the Correspondence from Paradise Homes Aurora Inc., in Report No. PL95-034-093 and in reading of the related Bill 3615-95. D by virtue of a solicitor-client relationship 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 Wallace disclosed-an-interest in the Correspondence from David Merkur Holdings Inc. byvirtue of ownership of a business that leases its premises from the Aurora Shopping Centre 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 #142. Moved by Councillor Wallace Seconded by Councillor Sor/ey THAT the content of the Agenda be approved as outlined herein, with the addition of the correspondence from The Graystones for consideration along with Report CL95-021-095. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 2 ADOPTION OF MINUTES Council Minutes No. 05-95. Wednesday. February 22. 1995 Special Council-Public Planning Minutes No. 06-95. February 23. 1995 Council Minutes No. 07-95. Wednesday. March 8. 1995 Special Council Minutes No. 08-95. Thursday. March 9. 1995 #143. Moved by Councillor Ochalski Seconded by Councillor Wallace THAT the Minutes of Meeting Numbers 05-95, 06-95, 07-95 and 08-95 be adopted as printed and circulated. CARRIED SECTION "A" -CONSENT ITEMS CORRESPONDENCE AND PETITIONS The Regional Municipality of York re: Clause No. 2. in Report No. 2 of the Transit Implementation Committee -"Transit System Transfer -Assets and Liabilities" and Clause No. 3 in Report No. 2 -"Transit System -Deficit Allocation Methodology" THAT the correspondence be received and referred to the Director of Public Works for a Report. The Regional Municipality of York re: Clause No. 11 in Report No. 5 of the Transportation and Environmental Services Committee-"Road Closure-Temporary. Bayview Avenue. Aurora" THAT the correspondence be received as information. The Regional Municipality of York re: Clause No. 2 in Report No. 2 of the Economic Development - Advertising & Promotion Committee-"GTA Economic Development Update" THAT the correspondence be received and referred to the Business Development Committee. Town of Newmarket re: Notice of Public Meeting Concerning a Proposed Zoning By-law Amendment THAT the correspondence be received as information. Township of King re: Aurora Council's Resolution on the "Task Force on the Future of the GTA" THAT the correspondence be received as information. ( ', .. ' Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 The York Region Roman Catholic Separate School Board re: Request for Proclamation -"Safe Schools Month". April 1995 Page 3 THAT April1995 be proclaimed "Safe Schools Month" in the Town of Aurora. · Office of Consolidated Hearings -Update re: Preliminary Hearings Completed for First Phase IWA Hearings THAT the correspondence be received as information. Helpmate Community Information & Volunteer Bureau re: Request for Proclamation-"National Volunteer Week" April 23-29. 1995 THAT April 23-29, 1995 be proclaimed "National Volunteer Week" in the Town of Aurora. Canada Committee for the International Year of the Family 1994 re: Final Report and Notice for a World Conference on Families THAT the correspondence be received as information. Ontario Building Officials Association re: Request for Proclamation-"Building Safety Week". April 9-15. 1995 THAT April 9-15, 1995 be proclaimed "Building Safety Week" in the Town of Aurora. Labour Council of Metropolitan Toronto and York Region re: Request for Proclamation-"Pay of Mourning". April 28. 1995 and Request for Aurora to Lower its Flags to Half-Maston April 28. 1995 THAT April 28, 1995 be proclaimed "Day of Mourning" in the Town of Aurora; and THAT the flags at the Town Hall be flown at half-mast on April 28, 1995. The Salvation Army re: Request for Proclamation- "Salvation Army Month". May 1995 and Request to Fly the Red Shield Flag THAT May 1995 be proclaimed "Salvation Army Month" in the Town of Aurora; and THAT the Red Shield flag be flown at the Town Hall in support of this proclamation. Rail Ways to the Future Committee re: Rerailing Ontario THAT the correspondence be received as information. Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 4 Ms. Linda Sarracini re: Request for Four-Way Stop Sign at the Intersection of McClellan Way and Briardale Place and Loraview Lane THAT the correspondence be received and referred to the Director of Public Works. STAFF REPORTS #144. TR95-014-084-Council Remuneration and Expenses That Council receive Report TR95-14, Council Remuneration and Expenses as information. PW95-016-085 -Approval of Engineering Inspection Services for Various Road Reconstruction Projects THAT Council approve the contract for the provision of engineering inspection services in relation to the reconstruction of Kennedy Street East, Industrial Parkway South, and Royal Road/Cameron Avenue to the firm of B. J. Burnside & Associates Limited; THAT the Director of Public Works be authorized to enter into an engineering agreement for the provision of said services; and THAT funds in the amount of $50,000.00 be provided for this contract from the funds allocated for "Engineering and Contingencies" for the respective projects. PW95-021-086 -Tender Award. Tender PW-1995-03 Sewer Rehabilitation and Resurfacing of McDonald Drive North. Town of Aurora THAT Tender PW-1995-03, sewer rehabilitation and resurfacing of McDonald Drive North, Town of Aurora, be awarded to Eurfari Construction Co. Ltd. at it's tender price of $191 ,379.99; THAT an Engineering, Administration and Contingency allowance of $28,707.01 be approved for this project; and THAT the project costs be charged to the Road Capital Account and Sewer Capital Account, as provided for in the 1995 budget. Moved by Councillor Griffith Seconded by Councillor Wallace 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. 09-95 Wednesday, March 29, 1995 Page 5 II SECTION "8" -MATTERS FOR CONSIDERATION II CORRESPONDENCE AND PETITIONS Memorandum from Mayor Jones re: Regional Update and The Regional Municipality of York re: York Region HOV /Rapid Transit Study #145. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the Public Planning meeting scheduled for May 25, 1995 be rescheduled for June 1, 1995; THAT Staff be authorized to attend meetings respecting HOV /Rapid Transit Study as may be appropriate; and THAT the Fire Chief be requested to keep Council apprised of developments in respect of the amalgamated Fire Service. CARRIED The Regional Municipality of York re: Resolution Regarding the Establishment of a "Provincial GTA Task Force" #146. Moved by Councillor Healy Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED The Premier of Ontario re: Council's Concern Regarding Representation on the Greater Toronto Area Task Force #147. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED Memorandum from Mayor Jones re: Change of PAC and COW Meetings Date from April 3. 1995 to April 4. 1995 #148. Moved by Councillor Ochalski Seconded by Councillor Griffith THAT the Mayor's memorandum be received; and THAT the PAC and COW meetings scheduled for April 3, 1995 be rescheduled for April 4, 1995. CARRIED '''"'-~~-"'"~·~--->.-~~,._~-'"""~-===•=•~w•-~~~-··~"~·~-~~---•~-~~-·-·-·------------. ·-----'~, ---------------•---~--•---·------•--·-•--··-----------••·-----·-·--·-----···----- Aurora Council Minutes No. 09-95 Wednesday; March 29, 1995 Page 6 AMO's Municipal Alert re: Municipal Platform Pemands Better Government at Lower Cost #149. Moved by Councillor McKenzie Seconded by Councillor Morris THAT the Town of Aurora endorse the correspondence from AMO. CARRIED AMO's Municipal Alert re: . Province to Proclaim Local Government Disclosure of Interest Act and City of Brampton re: Proclamation of Bill 163 #150. Moved by Councillor McKenzie Seconded by Councillor Healy THAT the Province be requested to temporarily delay the proclamation of Bill 163 until such time as the Bill can be harmonized with Bill 209, The Members Integrity Act; and THAT a copy of this resolution be provided to AMO for distribution as AMO sees fit and to the leaders of the three Provincial parties. CARRIED Federation of Canadian Municipalities re: Termination of Support for the National Packaging Protocol INAPPl #151. Moved by Councillor Healy Seconded by Councillor Ochalski WHEREAS Canada has a National Packaging Protocol designed to reduce packaging waste through voluntary measures and, if necessary, through regulation; WHEREAS the Government of Canada is a signatory to the National Packaging Protocol (NAPP); WHEREAS through NAPP, a 21% reduction in packaging waste was achieved through voluntary measures and governments, including municipal governments, and the private sector have already invested heavily in NAPP; WHEREAS it is prudent to be in the forefront of environmental restrictions on packaging to ensure access to international markets; WHEREAS Canada has the highest production of domestic waste per capita in the world and a disposal crisis threatens many areas of the country including all of Canada's big cities; WHEREAS other countries have 50% less packaging waste than Canada and continue to reduce packaging waste; WHEREAS concerted action through strong Federal leadership is required to address the complex and challenging waste management issues and to achieve a national strategy to reduce the amount of waste we produce in Canada; Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 7 WHEREAS NAPP was given the highest priority among environmental issues with the Federation of Canadian Municipalities (FCM); BE IT RESOLVED that the Council of the Town of Aurora urge the Federal Government to reaffirm its commitment to NAPP and the targets and policies of the Protocol; BE IT FURTHER RESOLVED that the Council of the Town of Aurora urge the Federal Government to recognize through NAPP the importance of environmentally friendly packaging for Canadian products and the Canadian economy; and THAT a copy of this resolution be provided to The Honourable Sheila Copps, Minister of the Environment. CARRIED City of Scarborough re: Resolution-"Amendment to Ontario Fire Code" #152. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the Town of Aurora endorse the correspondence from the City of Scarborough. CARRIED Ontario Federation of Anglers & Hunters re: Firearms Controls #153. Moved by Councillor McKenzie Seconded by Councillor Sorley THAT the correspondence be received as information. CARRIED Paradise Homes Aurora Inc. re: Re-Zoning By-law Amendment -Paradise Homes Aurora Inc .. Amber Hill Project #154. Moved by Councillor McKenzie Seconded by Councillor Healy THAT the correspondence be referred for consideration along with Report PL95-034-093. CARRIED Councillor Sorley, having previously disclosed an interest in this matter, did not take part in the vote called for in this regard. Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 8 David Merkur Holdings Inc. re: Request to Review and Redefine the Prohibited Uses in By-law 3224-90 #155. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT Council establish an Ad Hoc Committee composed of Councillors Griffith, McKenzie and Ochalski to review and update the application of By-law 3224-90 in relation to vendors of refreshments from food carts. CARRIED Councillor Wallace, having previously disclosed an interest in this matter, did not take part in the vote called for in this regard. COMMITTEE REPORTS Business Development Committee Report No. 02-95 Wednesday. March 8. 1995 #156. Moved by Councillor Griffith Seconded by Councillor Sorley THAT the Report of the Business Development Committee Meeting No. 02-95 be received and the recommendations carried by the Committee be adopted. CARRIED Leisure Services Advisory Committee Report No. 02-95 Wednesday. March 22. 1995 #157. Moved by Councillor Healy Seconded by Councillor Wallace THAT the Report of the Leisure Services Advisory Committee Meeting No. 02-95 be received and the recommendations carried by the Committee be adopted. CARRIED LACAC95-002 -March 13. 1995 L.A.C.A.C. Meeting #158. Moved by Councillor McKenzie Seconded by Councillor Wallace THAT the Report of the LACAC meeting held on March 13, 1995, be received as information. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 9 STAFF REPORTS ADM95-005-087 -Eire Department Review Committee Report No. 1 #159. Moved by Councillor Sorley Seconded by Councillor Griffith THAT the first Report of the Eire Department Review Committee meeting be received; and THAT the attached Terms of Reference for the Eire Department Review Committee be approved with the inclusion of an additional goal that a strategic plan for the Eire Department be developed. CARRIED CL95-013-088-Rescinding Approvals to Execute Subdivision Agreements between the Town and 1 024963 Ontario Limited for Pratt Plans of Subdivision 19T -81 032 Phase II !McClenny Drivel and 1 9T -85048 !Henderson Gardens) #160. Moved by Councillor Healy Seconded by Councillor Ochalski THAT the Developers of the Henderson Gardens Subdivision be advised that unless all the legal and financial constraints associated with proceeding are resolved by April 30, 1995, Council intends to: a) rescind the approval granted by Resolution #445, passed July 28, 1994, to execute a subdivision agreement dated July 27, 1994, between the Town and 1024963 Ontario Limited, with respect to the residual lands contained within Draft Plan of Subdivision 1 9T -81 032; and b) rescind the approval granted by Resolution #545 passed September 28, 1994, to execute a subdivision agreement dated September 28, 1994, between the Town and 1 024963 Ontario Limited, with respect to the lands contained within Draft Plan of Subdivision 19T-85048. CARRIED CL95-020-089 -Request for Permission to Conduct a Monster Bingo #161. Moved by Councillor Sorley Seconded by Councillor Healy THAT Council endorse the application by Richmond Hill Religious School to the Province to conduct a Special Bingo having a prizeboard of $15,000 {i.e. a "Monster Bingo") in the Town of Aurora; and THAT Council establish an Ad Hoc Committee composed of Councillors Griffith, McKenzie and Ochalski to draft a policy with respect to Monster Bingos. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 10 PW95-018-090 -Provision of Sidewalk. Bikeway. Illumination. Watermain and Related Works as Part of the Reconstruction of Bayview Avenue #162. Moved by Councillor Sorley Seconded by Councillor Griffith THAT Council approve the inclusion of the following items of work relating to the Cat-Tail Investments subdivision in the Region of York's tender for the reconstruction of Bayview Avenue: i) construction of a combined asphalt sidewalk and bikeway from Wellington Street East to the Stone Road intersection (north}; ii} installation of street lighting to provide the required illumination along the sidewalk/bikeway in accordance with the Town's usual specifications; iii) construction of a 400mm watermain from Stone Road (north} to Stone Road (south} and replacement of a section of temporary 250mm watermain with a permanent 400mm watermain between Wellington Street and Stone Road (north} as provided under an existing external servicing agreement between the Town and Cat-Tail Investments; THAT Council approve the inclusion of the following item of work relating to the Bayview Parks subdivision in the Region of York's tender for the reconstruction of Bayview Avenue: i} construction of watermains, forcemains, sewers and all related appurtenances to be located along Bayview Avenue between Vandorf Sideroad and the Cat-Tail Investments subdivision, subject to execution of an external servicing agreement between the Town and Bayview Parks Limited; THAT Council approve the reallocation of the Town's share of the Bayview Avenue sidewalk (as required under the Development Charges Act and as approved in the 1995 Budget} to the construction of the asphalt sidewalk/bikeway. CARRIED PL95-031-091 -Proposed Site Plan Agreement. Magna International Inc .. Headquarters Building and Research and Development Building. Wellington Street East/Magna Drive, Part Lot 19 and 20, Concession II: D11-02-95 #163. Moved by Councillor Wallace Seconded by Councillor McKenzie THAT, subject to the provision of all applicable securities and fees, Council authorize the Mayor and Clerk to sign a Site Plan Agreement between Magna International Inc. and the Town of Aurora for the construction of Magna's Corporate Headquarters Building and Research and Development Building. CARRIED ---~-~-~~~~~-··--------~~~----------·-~----·------.-------~---~---~ . ..-~-------··--·-·------·---·-····----------·------------------- Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 11 PL95-033-092 -Changes to Procedures Emanating from Bill 163 #164. Moved by Councillor Ochalski Seconded by Councillor Griffith THAT this information respecting changes in procedures under Bill 163 be received as information; THAT circulation procedures be amended so that all but urgent or very straightforward applications for rezoning be given a 30 day circulation period to ensure that agencies can accommodate both the minimum circulation period and the maximum extension time frame in which to provide comments; and THAT Council provide informal consideration to all applications prior to scheduling them for public hearings and provide Staff instruction as to whether or not the proposal should advance to a public hearing as presented. CARRIED PL95-034-093 -Zoning By-law Amendment. Paradise Homes Part of Lot 81. Con. I EYS. Part 1. Plan 65R-17312 and Correspondence from Paradise Homes Aurora Inc. re: Re-Zoning By-law Amendment -Paradise Homes Aurora Inc, Amber Hill Project #165. Moved by Councillor McKenzie Seconded by Councillor Wallace THAT no further public meeting be required in connection with the enactment of Bill 3615-95.D; and THAT Council provide third reading consideration to Bill 361 5-95. D at a Special Council meeting on April 4, 1995, provided Staff have completed their review of materials submitted the applicant. CARRIED Councillor Sorley, having previously disclosed an interest in this Report, did not take part in the vote called for in this regard. PL95-038-094 -Prehearing Conference. Ontario Municipal Board. Referrals of the 1991 Official Plan #166. Moved by Councillor Sorley Seconded by Councillor Griffith THAT Report PL95-38 respecting the outcome of the Ontario Municipal Board Prehearing Conference held March 22, 1995 be received as information; and THAT comments received respecting the proposed site specific policy for Gateway Plaza be received as information and that proposed wording for the m.odification be finalized with the input of the applicants and any concerned ratepayers. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 12 CONSENT ITEMS REQUIRING SEPARATE DISCUSSION Ontario Federation of Anglers & Hunters re: 1995 Ontario Family Fishing Weekend. July 7-9. 1995 #167. Moved by Councillor Healy Seconded by Councillor Griffith THAT the correspondence be received as information; and THAT, space permitting, notice respecting Ontario Family Fishing Weekend be published in the Town of Aurora Notice Board. CARRIED Fl95-003-083 -Public Fire Safety Information #168. Moved by Councillor Healy Seconded by Councillor Wallace THAT this Report be received as information. CARRIED BA95-002-082 -Minto Homes -Temporary Sales Trailer #169. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT Council, in the absence of a signed Subdivision Agreement, approve the request by Minto Homes to construct a temporary sales trailer on their lands located on the northwest corner of St. John's Sideroad and Bayview Avenue as outlined on the attached drawings, and that prior to the issuance of a permit the Director of Building Administration be supplied with the following: 1) receipt of a $5000. letter of security posted in the Town's favour to cover costs of removal of the temporary sales trailer and restoration of the site, 2) proof that the Region of York does not object to the positioning of signs and, 3) that the applicant post plans, acceptable to the Planning Department of the proposed subdivision, in the sales trailer. CARRIED. Town of Newmarket re: Letter of Appreciation for Assistance at the Fire on Davis Drive, Newmarket #170. Moved by Councillor McKenzie Seconded by Councillor Ocha/ski THAT the correspondence be received as information. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 13 ERRATUM UNFINISHED BUSINESS CL95-021-095-Parking on Royal Road and Correspondence from The Graystones re: Parking on Royal Road #171. DEFERRAL: #172. BY-LAWS #173. Moved by Councillor Healy Seconded by Councillor Ochalski THAT Council implement a "No Parking" restriction between 9:00 p.m. and 2:00 a.m. on the south side of Royal Road between Yonge Street and Edward Street. Upon the question of the adoption of the resolution, it was: Moved by Councillor McKenzie Seconded by Councillor Griffith THAT consideration of this matter be deferred until such time as reconstruction of Royal Road is completed. CARRIED Moved by Councillor Morris Seconded by Councillor Ochalski THAT leave be given' the Mover and Seconder to introduce the following bills for First Reading: 3615-95.D 3617-95.T 3618-95.T 3619-95.T 3620-95.D Being a By-law to amend By-law No. 2213-78 (Paradise Homes). Being a By-law to prescribe maximum rates of speed on McClellan Way in the Town of Aurora. Being a By-law to temporarily close a portion of Y onge Street, within the Town of Aurora, for the July 1st, 1995, Parade. Being a By-law to designate a multiple stop intersection on McClellan Way at the intersection of Allenvale Drive and Tradewind Terrace. Being a By-law to adopt Official Plan Amendment No. 11 (169 Edward Street). AND THAT the same be taken as read a First Time. CARRIED /_-.. Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 14 Councillor Sorley, having previously disclosed an interest Bill No. 3615-95.D, did not take part in the vote called for in this regard. #174. Moved by Councillor Morris Seconded by Councillor Wallace THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3615-95.D 3617-95.T 3618-95.T 3620-95.D Being a By-law to amend By-law No. 2213-78 (Paradise Homes). Being a By-law to prescribe maximum rates of speed on McClellan Way in the Town of Aurora. Being a By-law to temporarily close a portion of Y onge Street, within the Town of Aurora, for the July 1st, 1995, Parade. Being a By-law to adopt Official Plan Amendment No. 11 (169 Edward Street). AND THAT the same be taken as read a Second Time. CARRIED Councillor Sorley, having previously disclosed an interest Bill No. 3615-95.D, did not take part in the vote called for in this regard. #175. Moved by Councillor Wallace Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3609-95.C Being a By-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. AND THAT the same be taken as read a Third Time. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 Page 15 #176. Moved by Councillor Ochalski Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3617-95.T Being a By-law to prescribe maximum rates of speed on McClellan Way in the Town of Aurora. AND THAT the same be taken as read a Third Time. CARRIED QUESTIONS BY MEMBER~ Councillor Ochalski Councillor Morris Councillor Sorley NEW BUSINESS Requested that consideration of persons who might be suitable for Council's nominees for the Healthy Communities Coalition awards be considered in the in camera portion of the meeting. Enquired when the Sign By-law Review Committee will commence deliberations. Requested the Work's Department to consult with Newmarket to determine whether there is a survey marker that can be installed at less expense than the model currently used in the Town. Memorandum from Mayor Jones re: GTA Mayors Meeting -March 24, 1995 #177. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the memorandum be received as information. CARRIED Holland River Unit of the Canadian Cancer Society re: Annual Daffodil Sale, March 30th to April 2nd, 1995 #178. Moved by Councillor McKenzie Seconded by Councillor Wallace THAT the correspondence be received as information. CARRIED Aurora Council Minutes No. 09-95 Wednesday, March 29, 1995 IN CAMERA MATTERS Page 16 #179. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT an in camera meeting be held following the Council meeting with respect to a personnel matter concerning an identifiable individual, a labour relations matter, a matter respecting potential litigation and a potential property acquisition matter. CARRIED ADJOURNMENT #180. Moved by Councillor McKenzie THAT the meeting be adjourned at 9:32p.m. CARRIED T. Jones, L. unicipal Clerk