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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. -----• • -"""•-'-•-• ~--'--·--· 0 "~"~>-·---~--"'~--~~.c-;=•'·"C<"~""-W·'"-'~'="''h~-"'.-=-"·=~=•-=\-~'--••---- 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. -· ~·-· ----~-~--·-~"-·-· -------<N"-'=''"'''"'·~'c-"V""-"<•''"-',»."'"'"""'~""""''='"~·•~-•··-----'·~......;..:,~ ---··~-------•--,_, __ ---------·•--- 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 --------~=-~·"'·'"'"""'""'-~="im?""'"""'""-'"·"'·"'~~~·-~·~'--"..:-~: ·-~ -·---·. 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 ~~--~·'"''"'-->.'.fh'.=•'>'"-"""'="'='=-~~-----~~--·---------'~:.c..._:_--~--~~'--····~·--.. -~-.. ----____ ,_,_.u,;~---·---------·------~---··-·- 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). --~· --~----····~·~---· .. ~-···-~-·-·-·-·-·--•~-~-----~-----·--• ----·---~--'~--'-"~=~=-=«"=~"~~•=-r= .. =m"~-------·-·-~·-------~---------·---" 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). :C •• ~:.-'-'..~----•••••--·--·--·~-•••--•-'-··~"-<-'"'·'-"----~ ___ . --··-~~'"=""O'>~m);::-~~~,M~~='"o""~""'-· ~~----·----'----'-·-'-'---'~----•-~-'-~·----· 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