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MINUTES - Council - 19951129TOWN OF AURORA COUNCIL MEETING NO. 38-95 Council Chambers Aurora Town Hall Wednesday, November 29, 1995 8:00p.m. [m MINUTES II ATTENDANCE COUNCIL MEMBERS Deputy Mayor Healy in the Chair; Councillors Griffith, McKenzie, Morris, Ochalski, Sorley, Wallace and Weller. Mayor Jones was absent on vacation. STAFF MEMBERS Chief Administrative Officer, Municipal Clerk, Deputy Clerk/Solicitor, Director of Planning, Director of Building Administration, Director of Leisure Services, Director of Public Works, Fire Chief and Acting Treasurer. DECLARATIONS OF INTEREST Councillor Sorley declared an interest in Reports No. PL95-123-373, PL95-125- 375 and PL95-126-376 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 declared an interest in Reports No. PL95-125-375 and PL95- 126-376 by virtue of ownership of a business in the vicinity of the subject application 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 #669. Moved by Councillor Wallace Seconded by Councillor Sorley THAT the content of the Agenda be approved as outlined herein, with the addition of correspondence from the Ontario Secondary School Teachers' Federation and the Memorandum of Mayor Jones re: The Queen's York Rangers (1st American Regiment) to the New Business section of the Agenda and with the addition of Report No. PL95-126- 376 for consideration with Report No. PL95-125-375. CARRIED -------------~--···-···"-~·---·~~-~-· __ .. ___ ··---__________ _:_:_.....:....... ___ .~--------·------··----~~~"'="'·""'"-"~-,.~~.,,,,,"''"'~~"'"==·'~----·'---'--'--·-'·--'--·-... --·· -· ---·-------'~-'-'---· .... ·-·--------------- Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 PRESENTATION Aurora Minor Ball Association re: Presentation of Cheque Towards the Lighting at Diamond Four at the Leisure Complex Page 2 On behalf of the Aurora Minor Ball Association, Robert Wilson presented Council with a cheque, being the final installment in fulfilment of the Association's commitment to raise $50,000 toward the installation of lighting for the new baseball diamond no. 4 at the Aurora Leisure Complex. Deputy Mayor Healy commended the Association for its efforts, noting that this donation was raised four years ahead of the Association's predicted time period. DELEGATIONS Mr. R. Sheaffer. Barrister & Solicitor re: Ryhope Subdivision Regarding Clause 4 -Occupancy Requirements on Railway Lots Mr. Sheaffer indicated that his client has a closing date of December 15, 1995 with respect to the sale of Lot 1 in the Ryhope subdivision. His client assumed that the subdivision agreement would permit construction of segments of the required berm and wall adjacent to the railway line as individual lots were developed. The wording of the agreement suggests that construction of the berm and fence along the entire section is required prior to occupancy of any of the lots. Accordingly, he requested Council to permit occupancy of Lot 1 and possibly Lots 6 and 7, which are due to be occupied June 1, 1996, prior to construction of a complete berm and fence, provided the applicant constructs a temporary safety fence. #670. Moved by Councillor Morris Seconded by Councillor Wallace THAT the delegation be referred to the Unfinished Business section of the Agenda. CARRIED ADOPTION OF MINUTES Council Minutes No. 34-95. Wednesday. October 25. 1995 Special Council-Public Planning Minutes No. 35-95. Thursday. October 26. 1995 Council Minutes No. 36-95. Wednesday. November 15. 1995 Special Council Minutes No. 37-95. Tuesday. November 21. 1995 #671. Moved by Councillor Ocha/ski Seconded by Councillor Wallace THAT the Minutes of Meeting Numbers 34-95, 35-95, 36-95 and 37- 95 be adopted as printed and circulated. CARRIED Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 II SECTION "A., -CONSENT ITEMS II CORRESPONDENCE AND PETITIONS York Region. Transportation and Environmental Services Committee re: Clause 1. Report 21 - "Sign Prohibition on Regional Roads" THAT the correspondence be received as information. York Region re: Reguest to Execute Release -Part of Block A. Plan 535 and Parts 2 and 3. Plan 65R-18084 Page 3 THAT the Mayor and Clerk be authorized to execute the attached Releases for reserve purposes along Regional Road No. 1 5 Office of the Premier. Common Sense Update re: Welfare Reform/Economic Statement/WCB Reform THAT the correspondence be received as information. AMO's Municipal Alert re: Province Announces Changes to the Planning Act THAT the correspondence be received as information. Township of King re: Notice of Passing of a Zoning By-law THAT the correspondence be received as information. Kidney Foundation of Canada re: Reguest for Proclamation -Kidney Month". March 1996 THAT March 1996 be proclaimed "Kidney Month" in the Town of Aurora. Ontario Human Rights Commission re: Reguest for Proclamation-"Human Rights Day". December 10. 1995 THAT December 10, 1995 be proclaimed "Human Rights Day" in the Town of Aurora. STAFF REPORTS CL95-067-368 -Town of Aurora Administration Procedure No. 21 -Statutory Holiday Benefits THAT the appended Administration Procedure No. 21 incorporating revisions to Section 2.2 respecting Christmas and New Year's Holidays be adopted. Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 4 #672. CL95-069-369 -1996 Calendar of Council and Committee Meetings THAT the attached Calendar of Council and Committee meetings for January to December 1996 be approved. CL95-070-370 -Release of Easement in Relation to Hydro Supply to Aurora Town Hall Across Amberhill Lands (Paradise Homes) THAT the Mayor and Clerk be authorized to release the temporary easement for provision of hydro to the Town Hall across the Amberhill lands, subject to completion of the conversion of the hydro service for the Town Hall to the satisfaction of the Director of Leisure Services. PL95-121-371 -Proposed Site Plan Agreement Dekkema Gervais !Auroral Inc .. Blocks 11 0 and 111 Reg. Plan 65M-3049. Downey Circle: D11-16-95 THAT Council authorize the Mayor and Clerk to sign a Site Plan Agreement between Dekkema Gervais (Aurora) Inc. and the Town of Aurora for the construction of ten rowhouse units on Blocks 11 0 and 111, Registered Plan 65M-3049. PL95-122-372-Application for Exemption from Part Lot Control. Silkat Holdings Inc .. Lots 66. 67 and 68. Registered Plan 65M-2977 !October Lanel. D12-PLC-06-95 Lot 7. Registered Plan 65M-3013 (Primeau Drivel: D12-PLC-07-95 THAT Council approve the request for exemption from Part Lot Control made by Silkat Holdings Inc. to divide semi-detached Lots 66, 67 and 68, Registered Plan 65M-2977 (application D12-PLC-06-95) into separate lots; THAT Council approve the request for exemption from Part Lot Control made by Silkat Holdings Inc. to divide semi-detached Lot 7, Registered Plan 65M-3013 (application D12-PLC-07-95) into separate lots; and THAT Bill Numbers 3681-95.D and 3682-95.D be given first, second and third reading; and that the Clerk be authorized to table a bill to repeal Bill Numbers 3681-95.D and 3682-95.D upon the completion of the transfer of the subject lots as requested by Silkat Holdings Inc. Moved by Councillor Griffith 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. 38-95 Wednesday, November 29, 1995 Page 5 SECTION "8" -MATTERS FOR CONSIDERATION CORRESPONDENCE AND PETITIONS City of Oshawa re: Report Entitled "In Pursuit of Better Government" -Regional Chairs of Ontario #673. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT the correspondence be received as information. CARRIED City of North York re: Extract from Minutes of Meeting Regarding Bell Canada Rate Increase #674. Moved by Councillor McKenzie Seconded by Councillor Ocha/ski THAT the correspondence be received as information. CARRIED Minister of Municipal Affairs re: Speech By Minister Leach at Annual Conference of the Upper Tier Section of AMO on October 24. 1995 #675. Moved by Councillor Sorley Seconded by Councillor Griffith THAT the correspondence be received as information. CARRIED City of Oshawa re: Resolution -Golden Task Force Recommendations #676. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the Town of Aurora endorse the resolution from the City of Oshawa. CARRIED COMMITTEE REPORTS LACAC95-08-November 13. 1995. L.A.C.A.C. Meeting #677. Moved by Councillor Ochalski Seconded by Councillor Wallace THAT the Report of the L.A.C.A.C. meeting held on November 13, 1995, be received as information. CARRIED ~··---AA''='""''=""""""'~'.';{~'Ol<".=m;.""''"-'"'""'''"'~«.'<>~<oO.'.,.-."-'•"~o •.. ~,_,~~·-·-•-•"-••-••'~'••••• •-------_ ------•-•••"-'-'---·~---••--•••·--·-~-··-• Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 6 Leisure Services Advisory Committee Report No. 08-95 Wednesday. November 22. 1995 #678. Moved by Councillor Morris Seconded by Councillor Griffith THAT the Report of the Leisure Services Advisory Committee Meeting No. 08-95 be received and the recommendations carried by the Committee be adopted. CARRIED STAFF REPORTS CL95-065-374-Amendments to Subdivision Agreement. Town of Aurora and Beavertop Investments Limited #679. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT the Mayor and Clerk be authorized to execute the attached form of Amendment to the Subdivision Agreement, dated November 29, 1995 in relation to Beavertop Investments Limited; and THAT the payments and disposition of the letters of credit be authorized pursuant to the terms noted in the Amending Agreement. CARRIED PL95-125-375 and PL95-126-376-Proposed Official Plan and Zoning By-law Amendments. Canadian Tire. Part of Lots 76 and 77. Concession 1 W.Y.S.: D09-12-95 and D14-24-95 #680. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT Council hold a special meeting following the December 4 PAC/COW to consider a Bill to adopt an Official Plan Amendment to redesignate Part of Lots 76 and 77 Concession 1 W.Y.S. from Industrial to Urban Residential Specific and Commercial Specific and to provide policies for the phasing and details of the development of the site. In accordance with discussions held with property owners of the commercial Shopping Centre to the north, the Bill should be considered for first reading only. CARRIED Councillors Sorley and Wallace, having previously declared an interest in these Reports, did not take part in the vote called for in this regard. Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 7 CONSENT ITEMS REQUIRING SEPARATE DISCUSSION York Region re: Request for Council to Enact a By-law Under Section 225 of the Municipal Act to Prohibit Lap Dancing #681. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the correspondence be received and referred to Staff to prepare a Report and an amended Adult Entertainment By-law for Council's consideration. CARRIED Committee of Adjustment -Notices of Decision Applications-A-46&47-95/D13-46&47-95 lRankell Application -A-45-95/D13-45-95 !Taylor) Application -A-39&40-95/D13-39&40-95 !Forrest! #682. Moved by Councillor Griffith Seconded by Councillor McKenzie THAT the correspondence be received as information. CARRIED PL95-123-373 -Application for Exemption from Part Lot Control. Paradise Homes Aurora Inc .. Blocks/Lots 1-1 3 and 1 5. Registered Plan 65M-3039. John West Way and Amberhill Way: D12-PLC-05-95 #683. Moved by Councillor Griffith Seconded by Councillor Wallace THAT Council approve the request for exemption from Part Lot Control made by Paradise Homes Aurora Inc. to divide semi-detached and rowhouse Blocks/Lots 1-13 and 15, Registered Plan 65M-3039 into separate lots; and THAT Bill Number 3683-95.D be given first, second and third reading; and that the Clerk be authorized to table a bill to repeal Bill Number 3683-95.D upon the completion of the transfer of the subject lots as requested by Paradise Homes Aurora Inc. CARRIED Councillor Sorley, having previously declared an interest in this Report, did not take part in the vote called for in this regard. Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 8 UNFINISHED BUSINESS Delegation of Mr. R. Sheaffer. Barrister & Solicitor re: Ryhope Subdivision Regarding Clause 4 -Occupancy Requirements on Railway Lots #684. Moved by Councillor McKenzie Seconded by Councillor Griffith THAT, notwithstanding Clause 4 on page 23 of the Ryhope Developments Limited Subdivision Agreement dated May 10, 1995, Council permit occupancy of Lot 1 (with a closing date of December 15, 1995), subject to the following conditions: 1. That a 4' high chain link fence be installed in a manner satisfactory to the Public Works Department to close off the existing gap in the noise attenuation barrier, prior to the occupancy of Lot 1. 2. That Ryhope Developments Limited agree that no additional dwelling occupancies will take place until after the completion of the noise barrier and berm as described in Clause 4 of the Subdivision Agreement. CARRIED At this point in the meeting, Councillor Sorley declared an interest in By-law No. 3683-95.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. BY-LAWS #685. Moved by Councillor Weller Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following bills for First Reading: 3681-95.D 3682-95.D Being a By-law to exempt certain lots on Registered Plan 65M-2977 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 2 PLC). Being a By-law to exempt certain lots on Registered Plan 65M-3013 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 3 PLC). Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 9 3683-95.D 3684-95.D Being a By-law to exempt certain lots on Registered Plan 65M-3039 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Paradise Homes PLC). Being a By-law to amend By-law No. 2213-78 (610645 Ontario Inc. Timberlane Tennis and Country Club). AND THAT the same be taken as read a First Time. CARRIED Councillor Sorley, having previously declared an interest in By-law No. 3683-95.D, did not take part in the vote called for in this regard. #686. Moved by Councillor Morris Seconded by Councillor McKenzie THAT leave be given the Mover and Seconder to introduce the following bills for Second Reading: 3681-95.D 3682-95.D 3683-95.D 3684-95.D Being a By-law to exempt certain lots on Registered Plan 65M-2977 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 2 PLC). Being a By-law to exempt certain lots on Registered Plan 65M-3013 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 3 PLC). Being a By-law to exempt certain lots on Registered Plan 65M-3039 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Paradise Homes PLC). Being a By-law to amend By-law No. 2213-78 (61 0645 Ontario Inc., Timberlane Tennis and Country Club). AND THAT the same be taken as read a Second Time. CARRIED Councillor Sorley, having previously declared an interest in By-law No. 3683-95.D, did not take part in the vote called for in this regard. \ __ ------~·~===~"""'""*'""'"''""""''~"''•=•="'0<'.,0,"c,<M->~~~--·-·~··'·~--',, • ''---------~----~---·~;,:_.,.;_, ____ _,_,_,__, ____ ~•--- Aurora Council Minutes No. 38-95 Page 10 Wednesday, November 29, 1995 #687. #688. Moved by Councillor Sorley Seconded by Councillor Wallace THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3674-95.C 3676-95.D Being a By-law to amend By-law 3609-95.C, a By-law to govern the procedures of the Council of the Town of Aurora and its Committees and Boards. Being a By-law to amend By-law No. 2213-78 (Bayview Business Park Inc./ Bayview Wellington). AND THAT the same be taken as read a Third Time. CARRIED Moved by Councillor McKenzie Seconded by Councillor Griffith THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3681-95.D 3682-95.D 3683-95.D Being a By-law to exempt certain lots on Registered Plan 65M-2977 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 2 PLC). Being a By-law to exempt certain lots on Registered Plan 65M-3013 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Silkat 3 PLC). Being a By-law to exempt certain lots on Registered Plan 65M-3039 in Aurora, from the Part Lot Control provisions as provided in subsection 50(5) of the Planning Act, R.S.O. 1990, c.P.13 (as amended) (Paradise Homes PLC). AND THAT the same be taken as read a Third Time. CARRIED Councillor Sorley, having previously declared an interest in By-law No. 3683-95.D, did not take part in the vote called for in this regard. Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 11 QUESTIONS BY MEMBERS Councillor Sorley Enquired as to the process to allocate Correspondence and Reports to the appropriate Council and Committee agendas. Councillor Ochalski Requested the Director of Public Works to review whether a 4-way stop is appropriate at Orchard Heights Boulevard and Hill Drive or whether a 2-way stop, respecting Hill Drive traffic would be more appropriate. Councillor Healy Requested the Chief Administrative Officer to provide a preliminary review of the Province's mini budget, delivered earlier this evening. NEW BUSINESS Ontario Secondary School Teachers' Federation. District II. York Region re: Request to Waive Parking Restrictions on Dunning Avenue in the Vicinity of G. W. Williams Secondary School from 4:00p.m. to 6:00 p.m. on November 30. 1995 for Teacher Protest Rally #689. Moved by Councillor McKenzie Seconded by Councillor Ocha/ski THAT Council waive the Town parking restrictions from 4:00p.m. to 6:00 p.m. on November 30, 1995 on Dunning Avenue in the vicinity of G. W. Williams Secondary school. CARRIED Memorandum from Mayor Jones re: Future of The Queen's York Rangers (1st American Regiment) R.C.A.C. #690. Moved by Councillor Griffith Seconded by Councillor Wallace WHEREAS The Queen's York Rangers (1st American Regiment) R.C.A.C. represents the successors of those citizen soldiers who first built the infrastructure of Ontario, and has been associated with the County (now Region) of York and the Town of Aurora since the latter part of the eighteenth century, and; WHEREAS The Queen's York Rangers (1st American Regiment) R.C.A.C. are part of the Canadian Militia, members of which represent the only personnel available to provide immediate local response to a national or local emergency, and; WHEREAS the Militia serves to promote the positive aspects of citizenship and patriotism, and; Aurora Council Minutes No. 38-95 Wednesday, November 29, 1995 Page 12 WHEREAS Canada is the only allied country except France in which the Regular Force outnumbers the Reserves and current proposals suggest a further reduction in the proportion of Reserves to Regulars; BE IT RESOLVED that The Queen's York Rangers (1st American Regiment) R.C.A.C., should not be reduced in numbers, amalgamated or disbanded, but should continue to operate as a Regiment with an independent Squadron, located at CFA Aurora in the Town of Aurora. CARRIED IN CAMERA Legal and Personnel Matters #691. Moved by Councillor Sorley Seconded by Councillor Wallace THAT this Council proceed in Camera in order to address legal and personnel matters. CARRIED ADJOURNMENT #692. Moved by Councillor McKenzie THAT the meeting be adjourned at 9:10 p.m. CARRIED --~~~, i ' • T. L CLERK