MINUTES - Council - 19950623TOWN OF AURORA
COUNCIL MEETING
NO. 21-95
Council Chambers
Aurora Town Hall
Wednesday, June 28, 1995
8:09p.m.
II MINUTES II
COUNCIL MEMBERS IN ATTENDANCE Mayor Jones in the Chair;
Councillors Griffith, Healy,
McKenzie, Morris, Ochalski,
Sorley, Wallace and Weller.
STAFF MEMBERS IN ATTENDANCE 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.
DECLARATIONS OF INTEREST
Councillor Sorley declared an interest in Report CL95-035-226 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 Griffith declared an interest in the correspondence from Mr. B. Peck re:
Request for 3-Way (All-Way) Stop at the Intersection of Cousin Drive and Cameron
Avenue by virtue of his residence in the vicinity of the subject matter 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
#393. Moved by Councillor Wallace Seconded by Councillor Ochalski
THAT the content of the Agenda be approved as outlined herein
with the additions of the following:
Correspondence from Aurora Highlands Community Ratepayers
Association re: Vacant Lot S/W Corner Golf Links Road & Yonge
Street for consideration with Report PL95-074-224;
Memorandum from the Deputy Clerk\Solicitor for consideration
with 2nd reading of Bill 3624-95.P;
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 2
Memorandum from the Director of Planning re: Deletion of By-
law No. 3644-95.D from 3rd reading consideration; and
Memorandum of Councillor Sorley re: In Camera Meetings for
consideration in the New Business section of the Agenda.
CARRIED
DELEGATIONS
Mr. J. Shankman. Barrister & Solicitor re: Subdivision Agreement Between The
Town of Aurora and 1024963 Ontario Limited !Henderson Gardens)
Mr. Shankman addressed Report CL95-033-220. He indicated that his client,
Geranium Homes, has an agreement to purchase 1 09 of the building lots to be
registered on the proposed plan of subdivision. They have initiated a court action
seeking a declaration that these agreements are in good standing and they may
request the court to appoint a Receiver to take the place of the land owner and
develop the plan of subdivision. Alternately, the land owner could refinance and
proceed with the development itself. He appreciates the Town's concerns on
behalf of the ratepayers, which have led to recent site rectification efforts. He
asked Council to take no steps to rescind the authorization to enter into
subdivision agreements until September or October, 1995. If the land owner has
not refinanced and proceeded with the development by that time, he will ask the
court to appoint a Receiver. If the Town withdrew its authorizations to execute
subdivision agreements, this could weaken his client's argument that a Receiver
would be in a position to complete the development.
#394. Moved by Councillor Healy Seconded by Councillor Morris
THAT the delegation be referred for consideration with Report CL95-
033-220.
CARRIED
Mr. A. Duffy. Magna International Inc. re: Start Dates for Magna Construction
Mr. Duffy addressed Report No. PL95-076-225. He indicated that, since Council's
development approvals in June, 1 994, the industrial building has been occupied
effective January, 1995 and significant work has occurred on site in relation to
land grading, installation of a pumping station, roads construction and completion
of a storm water management system. With regard to the research and
development facility, he indicated that the foundation work should commence by
October, 1995. With regard to the headquarters, he indicated that the above
ground portions of the work should commence in August, 1995, the building
should be closed in before winter and the building should be operational by August
or September, 1996.
#395. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT the delegation by referred for consideration with Report PL95-
076-225.
CARRIED
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 3
Mr. M. Edelstein. M. Edelstein Architect Inc. and Mr. M. Boivin. Speedy Muffler
King re: Proposed Site Plan Agreement-Edelstein Construction Ltd .. 14846 Vonge
Street
Mr. Edelstein reviewed the history of the owner's tenure in relation to this
property, including the Committee of Adjustment and Municipal Board Decisions.
He noted that it was a prominent location in Town that had been vacant for the
past eight years. He then reviewed the Speedy Muffler King proposed design,
which he characterized as a straight-forward industrial aesthetic that reflected the
values of that corporation. He asked Council to permit Speedy to retain its
corporate image and, if Council should defer the matter, he requested that it be
rescheduled in July, 1995. Mr. Boivin, on behalf of Speedy Muffler King, indicated
that the corporation is trying to maintain its world wide corporate identity through
the construction of an identifiable building style as part of its marketing plan.
#396. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT the delegation be referred for consideration with Report PL95-
074-224.
CARRIED
Mr. L. Dekkema. Dekkema Gervais !Auroral Inc. re: Request for Preservicing
Agreement
Mayor Jones advised that the delegate had withdrawn its delegation.
ADOPTION OF MINUTES
Council Minutes No. 17-95. Wednesday. May 24. 1995
Special Council-Public Planning Minutes No. 18-95. June 1. 1995
Special Council Minutes No. 19-95. Monday. June 5. 1995
Council Minutes No. 20-95. Wednesday. June 14. 1995
#397. Moved by Councillor Ochalski Seconded by Councillor Wallace
THAT the Minutes of Meeting Numbers 17-95, 18-95, 19-95 and 20-
95 be adopted as printed and circulated.
CARRIED
SECTION "A" -CONSENT ITEMS
CORRESPONDENCE AND PETITIONS
Davis. Webb & Schulze. Barristers & Solicitors re: Notice of Application for First
Registration -Stanjon Developments Limited
THAT Staff be authorized to respond to the application in the normal
course respecting potential Town interests within the lands subject to
the First Application.
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 4
The Dr. G. W. Williams Secondary School re: Request for On-Street Parking Permit
for Annual Commencement Ceremonies
THAT on-street parking be permitted to guests of Dr. G. W. Williams
Secondary School on November 3, 1995 from 6:00 p.m. to 11 :00
p.m. for their Annual Commencement Ceremonies.
Mrs. A. Polito. Resident re: Speed on Kemano Road
THAT the correspondence be referred to the Director of Public Works
for a Report.
STAFF REPORTS
ADM95-011-215 -Chief Building Official Bill No. 3647-95.H: Inspector's
Appointment Bill No. 3648-95.H
THAT Bill No. 3647-95.H receive three readings at the June 28, 1995
meeting of Council; and
THAT Bill No. 3648-95.H receive three readings at the June 28, 1995
meeting of Council.
LS95-024-216-Tree Removal-26 Cossar Drive. Aurora
THAT Council approve the removal of one ( 1 ) White Spruce tree from
the road allowance at 26 Cossar Drive for safety reasons.
LS95-027-217 -Tender No. 1995-01 -Town Hall Storage Building
THAT Council award Tender No. 1995-01 for the Town Hall Storage
Building to Hygrade Precast Concrete Inc. for the all inclusive price of
$11,37 4.83.
PL95-075-218 -Proposed Site Plan Amendment Application. National Trust
Corporation !Formerly Aurora Business Parks!. 1 30 Englehard Drive/Furbacher
Lane: D11-14-88
THAT, subject to the proponent processing a Committee of
Adjustment application for manoeuvring area if considered necessary,
Council authorize the Mayor and Clerk to sign a Site Plan Amendment
Agreement between National Trust Corporation and the Town of
Aurora in allow for various site improvements.
PL95-077-219 -Procedures for Public Meetings Respecting Official Plan Matters
Considered Pursuant to Bill 163 !Planning Act Amendments)
THAT Report PL95-077-219 respecting procedures for Public Meetings
held on Official Plan matters under the Planning Act Amendments be
received as information.
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 5
#398. Moved by Councillor Griffith Seconded by Councillor Ochalski
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
SECTION "8" -MATTERS FOR CONSIDERATION
CORRESPONDENCE AND PETITIONS
Memorandum from Mayor Jones re: GTA Mayors Meeting-June 16. 1995
#399. Moved by Councillor Griffith Seconded by Councillor Ochalski
THAT the memorandum be received as information.
CARRIED
Ontario Municipal Board re: Prehearing -Portion of Town of Aurora Official Plan
#400. Moved by Councillor Healy Seconded by Councillor Morris
THAT the correspondence be received as information.
CARRIED
COMMITTEE REPORTS
Business Development Committee Report No. 05-95 Wednesday. June 14. 1 995
#401. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT the Report of the Business Development Committee Meeting
No. 05-95 be received and the recommendations carried by the
Committee be adopted as amended to provide that Recommendation
No. 6 was moved by Councillor Sorley.
CARRIED
Leisure Services Advisory Committee Report No. 05-95 Wednesday. June 21.
1995
#402. Moved by Councillor Healy Seconded by Councillor McKenzie
THAT the Report of the Leisure Services Advisory Committee Meeting
No. 05-95 be received and the recommendations carried by the
Committee be adopted as amended to provide under Aurora Youth
Concerns Committee Delegation that Mr. Hadcock requested the LSAC
and the Director of Leisure Services to support the A YCC with regard
to implementing a survey of Aurora residents in the fall of 1995.
CARRIED
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 6
LACAC95-05 -June 12. 1995. L.A.C.A.C. Meeting
#403. Moved by Councillor McKenzie Seconded by Councillor Wallace
THAT the Report of the L.A.C.A.C. Meeting held on June 12, 1995 be
received as information.
CARRIED
FSRC95-02 -Firefighter Recruitment
#404. Moved by Councillor Wallace Seconded by Councillor Griffith
THAT the revised Corporate Procedure Number 37, Firefighter
Recruitment, appended to the Report be approved; and
THAT the revised Firefighter Recruitment Process document be
endorsed.
CARRIED
STAFF REPORTS
CL95-033-220 -Rescinding Approvals to Execute Subdivision Agreements
between the Town of Aurora and 1024963 Ontario Limited for Draft Plans of
Subdivision 1 9T -81 032 Phase II (McClenny Drivel and 19T -85048 (Henderson
Gardens) and Delegation of Mr. J. Shankman. Barrister & Solicitor
#405. Moved by Councillor Sorley Seconded by Councillor Weller
THAT the approval granted by Resolution #445, passed July 28,
1 994, 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 19T -81 032
is hereby rescinded, effective immediately; and
THAT the approval granted by Resolution #545, passed September
28, 1994, to execute a subdivision agreement dated September 28,
1994, between the Town and 1024963 Ontario Limited, with respect
to the lands contained within Draft Plan of Subdivision 19T-85048 is
hereby rescinded, effective immediately.
CARRIED
LS95-025-221 -Removal of Drinking Fountains from Neighbourhood Parkettes
#406. Moved by Councillor Healy Seconded by Councillor Griffith
THAT Council endorse the removal of drinking fountains from
neighbourhood parkettes.
CARRIED
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 7
LS95-026-222-Conversion of the Confederation Park Tennis Courts to Basketball
Courts
#407. Moved by Councillor Healy Seconded by Councillor Griffith
THAT Council approve the conversion of the Confederation Park tennis
courts to basketball courts.
CARRIED
LS95-028-223-Request for Proposal LS95-19-Operation of Vending Machines
and Snack Bars
#408. Moved by Councillor Weller Seconded by Councillor McKenzie
THAT the proposal submitted by Biase's Gourmet Fine Foods to
operate snack bars/vending operations at Town facilities for a two (2)
year period, with an option to renew for a further two year period
effective August 1, 1995 be approved by Council.
CARRIED
PL95-074-224 -Proposed Site Plan Agreement. Edelstein Construction Ltd ..
14846 Yonge Street. Part of Lots 82 & 83. Registered Plan 246: D11-03-95 and
Delegation of Mr. M. Edelstein. M. Edelstein Architect Inc. and Mr. M. Boivin.
Speedy Muffler King and Correspondence from the Ratepayer's Association
#409. Moved by Councillor Griffith Seconded by Councillor McKenzie
THAT authorization of a site plan agreement be deferred until a design
is devised that is more in keeping with the area architecture and until
arrangements have been made to the satisfaction of Staff with respect
to the means of access from the site to Yonge Street, a tree
preservation and landscaping plan and conveyance of a road widening
and daylight triangle.
CARRIED
PL95-076-225 -Update Respecting Magna. Obligations of Predevelopment
Agreement. Building Construction and Servicing and Delegation of Mr. A. Duffy.
Magna International Inc.
#410. Moved by Councillor Ocha/ski Seconded by Councillor McKenzie
THAT the information provided in Report PL95-076-225 be received
as supplementary information to the delegation by Magna officials
respecting the obligations of Magna to construct buildings as set out
in the various planning approvals granted by the Town and the
Province of Ontario in June of 1994.
CARRIED
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 8
CL95-035-226-Approval to Execute a Subdivision Agreement between the Town
of Aurora and Paradise Homes Aurora Inc. with respect to Draft Plan of Subdivision
19T-94019 !Amberhill Subdivision-Wellington St. E./John West Way!
#411. Moved by Councillor Wallace Seconded by Councillor McKenzie
THAT subject to the provision of financial securities and payments, as
described in Schedules "H" and "F" respectively of the agreement,
approval of the composite utility plan, and resolution of outstanding
concerns in relation to Aurora Hydro, the Mayor and Clerk be
authorized to execute a Subdivision Agreement dated June 28, 1995,
between the Town of Aurora and Paradise Homes Aurora Inc. with
respect to the registration of Draft Plan of Subdivision 19T-94019;
THAT the Mayor and Clerk be authorized to execute all documents
necessary to effect certain transfers of lands, easements, and
reserves, at the developer's expense, as described in Schedule "G" of
the agreement; and
THAT Council allocate the servicing capacity necessary to provide
water and sanitary sewers to the 114 units within Draft Plan of
Subdivision 19T-94019.
CARRIED
Councillor Sorley, having previously declared an interest in this Report, did not take
part in the vote called for in this regard.
PW95-046-227 -Approval to Execute a Pre-Servicing Agreement -Bayview-
Wellington Centre Subdivision !19T-881 001
#412. Moved by Councillor McKenzie Seconded by Councillor Weller
THAT Council "cap" the required preservicing securities at
$1 ,000,000.00; and
That Council authorize the Mayor and Clerk to execute a pre-servicing
agreement between the Town and Bayview Business Park Inc. for pre-
servicing the underground municipal services only of the first phase of
the lands in the Bayview Wellington Centre subdivision ( 19T -881 00).
CARRIED
LS95-030-228 -Purchase of Agricultural Tractor Tender No. LS-1995-16
#413. Moved by Councillor Healy Seconded by Councillor McKenzie
THAT Council award Tender No. LS-1995-16, Unit B, to Hutchinson
Farm Supply for the supply and delivery of one 1995 John Deere
Agricultural Tractor for the all inclusive price of $23,208.40.
CARRIED
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 9
CONSENT ITEMS REQUIRING SEPARATE DISCUSSION
Mr. B. Peck. Resident re: Request for 3-Way IAII-Wayl Stop at the Intersection of
Cousin Drive and Cameron Avenue
#414. Moved by Councillor McKenzie Seconded by Councillor Wallace
THAT the correspondence be referred to the Director of Public Works
for a Report.
CARRIED
Councillor Griffith, having previously declared an interest in this matter, did not
take part in the vote called for in this regard.
UNFINISHED BUSINESS
CL95-036-229 -Proposed Closure of a Portion of Earl Stewart Drive and Land
Exchange to Extend McMaster Avenue
#415. Moved by Councillor Sor/ey Seconded by Councillor Wallace
THAT this Report be received as information.
CARRIED
CL95-037-230 -Proposed Closure of Old Vonge Street. Maple Leaf Lands
#416. Moved by Councillor Morris Seconded by Councillor Weller
THAT Bill 3649-95.T, being a By-law in relation to the closure and
conveyance of a portion of Old Vonge Street, be provided first and
second reading; and
THAT third reading be provided after draft plan approval and the
coming into force of the required Zoning By-law amendment to
implement the Maple Leaf development application.
CARRIED
PW95-028-231 -The Regional Municipality of York Regarding 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"
#417. Moved by Councillor Weller Seconded by Councillor McKenzie
THAT Council receive this Report as information.
CARRIED
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 10
PW95-045-232 -Amendments to Town Refuse By-law and Contract Between
Waste Management York/Simcoe for the Collection of Recyclables
#418. Moved by Councillor Wallace Seconded by Councillor Healy
THAT Council provide three readings to Bill No. 3643-95.E, being a
by-law to amend the schedules of Refuse By-Law No. 3261-91 to
include additional recyclable materials for collection and processing;
and
THAT the Mayor and Clerk be authorized to execute the necessary
document to affect the Agreement with Waste Management
York/Simcoe, A Division of WMI Waste Management of Canada Inc.
amending the existing contract between the Town and Waste
Management York/Simcoe dated May 25, 1994.
CARRIED
PL95-072-233 -Proposed Official Plan and Zoning By-Law Amendment. Maple
Leaf Foods Inc .. 35 and 37 Tyler Street Part of Lots 24 & 25. Registered Plan 9:
D09-01-95. D14-05-95
#419. Moved by Councillor Ochalski Seconded by Councillor Griffith
THAT the provisions of the procedural by-law be waived and all three
readings be given to the adopting Bill number 3650-95.D.
CARRIED
PL95-073-234 -Proposed Zoning By-law Amendment Stewart & Jennings. Part
Lot 79 Concession 1 W.Y.S. 298 & 304 Kennedy Street West: D14-17-95
#420. Moved by Councillor Griffith Seconded by Councillor Ocha/ski
THAT Bill 3640-95.D be given third and final reading.
CARRIED
BY-LAWS and Memorandum of Deputy Clerk/Solicitor re: Amendments to Bill
3624-95.P and Memorandum of Director of Planning re: Removal of Bill 3644-95.D
#421. Moved by Councillor McKenzie Seconded by Councillor Weller
THAT leave be given the Mover and Seconder to introduce the
following bills for First Reading:
3643-95.E
3647-95.H
Being a By-law to amend the
Schedules of Refuse By-law
No. 3261-91.
Being a By-law to appoint a Chief
Building Official (Leo Grellette).
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 11
#422.
#423.
3648-95.H
3649-95.T
3650-95.D
Being a By-law to appoint a
Building Inspector (Jeff Reid).
Being a By-law to stop up, close
and sell a portion of Old Yonge
Street in the Town of Aurora.
Being a By-law to adopt Official
Plan Amendment No. 12 (Maple
Leaf -Tyler Street).
AND THAT the same be taken as read a First Time.
CARRIED
Moved by Councillor Healy Seconded by Councillor McKenzie
THAT leave be given the Mover and Seconder to introduce the
following bills for Second Reading:
3624-95.P
3643-95.E
3647-95.H
3648-95.H
3649-95.T
3650-95.D
Being a By-law for licensing,
regulating and governing vendors
and vehicles from which refreshments
are sold for consumption by the public.
Being a By-law to amend the
Schedules of Refuse By-law
No. 3261-91.
Being a By-law to appoint a Chief
Building Official (Leo Grellette).
Being a By-law to appoint a
Building Inspector (Jeff Reid).
Being a By-law to stop up, close
and sell a portion of Old Yonge
Street in the Town of Aurora.
Being a By-law to adopt Official
Plan Amendment No. 1 2 (Maple
Leaf-Tyler Street).
AND THAT the same be taken as read a Second Time.
CARRIED
Moved by Councillor Sor/ey Seconded by Councillor Wallace
THAT leave be given the Mover and Seconder to introduce the
following by-laws for Third Reading:
3639-95.D Being a By-law to amend By-law
No. 2213-78 (McCutcheon).
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Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 12
#424.
#425.
3640-95.D
3641-95.T
3645-95.E
Being a By-law to amend By-law
No. 2213-78 (Stewart/Jennings).
Being a By-law to amend Parking
By-law 3377-92 with respect to
Murray Drive.
Being a By-law to provide a
Schedule of fees for the
Municipal Waterworks
Distribution By-law 3305-91.
AND THAT the same be taken as read a Third Time.
CARRIED
Moved by Councillor Morris Seconded by Councillor Sorley
THAT leave be given the Mover and Seconder to introduce the
following by-laws for Third Reading:
3643-95.E
3647-95.H
3648-95.H
3650-95.D
Being a By-law to amend the
Schedules of Refuse By-law
No. 3261-91.
Being a By-law to appoint a Chief
Building Official (Leo Grellette).
Being a By-law to appoint a
Building Inspector (Jeff Reid).
Being a By-law to adopt Official
Plan Amendment No. 12 (Maple
Leaf -Tyler Street).
AND THAT the same be taken as read a Third Time.
CARRIED
Moved by Councillor Morris Seconded by Councillor Sorley
THAT Bill 3624-95.P, being a By-law in relation to refreshment sales,
be referred to the Special Council meeting on June 29, 1995.
CARRIED
QUESTIONS BY MEMBERS
Councillor Weller
Councillor Ochalski
Repeated his request for a breakdown of the
operating costs of the Leisure Services facilities.
Requested a legal opinion in relation to the meaning
of "in camera" meetings.
Aurora Council Minutes No. 21-95
Wednesday, June 28, 1995
Page 13
Councillor Wallace Enquired which members of Council would be
available for the July 1st, 1995 celebrations.
NEW BUSINESS
Memorandum of Councillor Sorley re: In Camera Meetings
#426. Moved by Councillor Sor/ey Seconded by Councillor Morris
THAT Council direct the incoming CAO to prepare a Report outlining
the meaning and purpose of "In Camera" discussions and also the
potential liabilities that the disclosure of such information could cause
for both the Town as a whole as well as the individual disclosing the
information.
CARRIED
LS95-029-235 -Sheppard's Bush Conservation Area Washroom Project
#427. Moved by Councillor Weller Seconded by Councillor McKenzie
THAT Council award Tender No. 1995-01 for the Sheppard's Bush
Conservation Area Washroom to Hygrade Precast Concrete Inc. for the
all inclusive price of $31,129.00.
CARRIED
IN CAMERA
#428. Moved by Councillor Wallace Seconded by Councillor Healy
THAT this Council proceed in camera in order to address matters
pertaining to property acquisition and potential litigation.
CARRIED
ADJOURNMENT
#429. Moved by Councillor Weller
THAT the meeting be adjourned at 9:50p.m.
CARRIED
L. ALLISON, MUNICIPAL CLERK