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MINUTES - Council - 19870304~~­ \~~~ MINUTES TOWN OF AURORA COUNCIL MEETING NO. 11-87 Boardroom, Town of Aurora Administrative Offices Wednesday, March 4, 1987 8:00 p.m. COUNCIL MEMBERS IN ATTENDANCE Mayor West in Chair; Councillors Buck, Barker, Jones, McKenzie, Paivio, Pedersen, Timpson and Weller. STAFF MEMBERS IN ATTENDANCE Chief Administrative Officer, Treasurer, Director of Public Works, Director of Planning, Director of Leisure Services, Chief Building Official, Fire Chief, Clerk and DP.puty Clerk. DECLARATION OF CONFLICT Councillor Richard Barker declared a possible Conflict of Interest in the Third Reading of By-1 aw 2894-87 due to monetary interest and did not take part in or vote on any question in this regard or attempt in any way to influence the voting on such question. APPROVAL OF AGENDA #152 Moved by Councillor Barker Seconded by Councillor Weller THAT the Agenda be approved as outlined herein. CARRIED ADOPTION OF MINUTES Council Meeting, Wednesday, February 4, 1987 #153 Moved by Councillor Weller Seconded by Councillor Barker THAT the minutes of the Counci 1 Meeting dated February 4, 1987 be adopted as printed and circulated. CARRIED Council Meeting, Wednesday, February 18, 1987 #154 Moved by Councillor Timpson Seconded by Councillor Pedersen THAT the minutes of the Council Meeting dated February 18, 1987 be adopted as printed and circulated. CARRIED Special Council -Public Planning Meeting, Thursday, February 26, 1987 #155 Moved by Councillor Weller Seconded by Councillor Jones THAT the minutes of the Special Council -Public Planning Meeting dated February 26, 1987 be adopted as printed and circulated. CARRIED CORRESPONDENCE AND PETITIONS The Canadian Red Cross Society re: March is Red Cross Month and flying of the Red Cross flag #156 Moved by Councillor Timpson Seconded by Councillor Jones THAT the month of March be proclaimed as "Red Cross Month"; further, that permission be granted to fly the Red Cross flag during March. CARRIED -··-... Town of Aurora Council Minutes Wednesday, March 4, 1987 - 2 - Town of Collingwood re: 34th Annual O.S.U.M. Conference April 29 -May 1, 1987 #157 Moved by Councillor Timpson Seconded by Councillor Pedersen THAT this letter be received as information and those councillors wishing to attend be permitted to do so in accordance with the approved Council policy. CARRIED Ministry of Transportation and Communications re: Connaught Avenue from Wells to Gurnett Streets Harrison Avenue -Wells to Victoria Streets #158 Moved by Councillor Jones Seconded by Councillor Paivio THAT the Council of the Town of Aurora through the Mayor appeal the funding decision of the M.T.C. respecting these proposed reconstruction works to the Minister. CARRIED CORRESPONDENCE AND PETITIONS RECEIVED AS INFORMATION a) Mrs. D. Ingram, Aurora, Ont. re: Crossing Guard -Orchard Heights Blvd. & Crawford Rose Dr. b) Rotary Club of Aurora re: Auction 87 -Apri 1 11, 1987 and the donation of goods, services or financial support DELEGATIONS Mr. Todd Comfort, Aurora, Ontario representing Lakeview homeowners re: baseball diamond -Our Lady of Grace Park Mr. Comfort appeared before Council as the spokesperson for a number of residents in the vicinity of Our Lady of Grace Park on Aurora Heights Drive. The purpose of the delegation request was to encourage Council to remove the recently constructed baseball diamond from the park. A survey which indicated 53 of 59 homes polled were in favour of the remova 1 of the diamond was presented. Ten reasons for the remova 1 of the diamond were outlined. It was stated that purchasers were not informed of the proposed plans for the park improvements by the the builder/developer when their homes were purchased. It was pointed out that there are four baseball diamonds in close proximity of this area. #159 Moved by Councillor Weller Seconded by Councillor Barker THAT this matter be referred to Unfinished Business for discussion. CARRIED COMMITTEE REPORTS Aurora Heritage Report No. 5 -Minutes of Meeting of February 24, 1987 #160 Moved by Councillor Pedersen Seconded by Councillor Jones THAT the minutes of the meeting be received as information. CARRIED Committee of the Whole Minutes No. 10-87 dated February 26, 1987 #161 Moved by Councillor Jones Seconded by Councillor Pedersen THAT the minutes of the Committee of the Whole Meeting dated February 26, 1987 be received, and the recommendations carried by the Committee be adopted. CARRIED Town of Aurora Council Minutes - 3 - Wednesday, March 4, 1987 STAFF REPORTS CLERK'S DEPARTMENT Report No. CL87-005-71 -Walkway Block Keystone Court #162 Moved by Councillor Paivio Seconded by Councillor McKenzie 1. THAT authorization be given for the preparation of a Reference Plan indicating a diagonal division of Block N Plan M-57 as shown on the attached sketch; and 2. The Town Solicitor be instructed to prepare the necessary documentation for the closing of and the Transfer of Block N Plan M-57 to the adjacent land owners including the retention of the required easement rights. CARRIED BUILDING DEPARTMENT Report No. BLDG87-008-72 -Site Plan Agreement K.C. Holdings and Town of Aurora #163 Moved by Councillor McKenzie Seconded by Councillor Jones THAT the Mayor and Clerk be authorized to sign a Site Plan Agreement, dated February 12, 1987 between the Town of Aurora and K.C. Holdings. CARRIED Report No. BLDG87-009-73 -Building By-law 2393-87 #164 #165 Moved by Councillor Barker Seconded by Councillor Weller THAT no changes be made to the wording of By-1 aw 2393-87 before Council for consideration for the following reasons: 1. Under the Building Code Act, an aggrieved party, who is denied a permit or unreasonably delayed, has a right within twenty (20) days of a decision by an inspector or Chief Building Official to a hearing before a judge under Section 15; 2. We would be concerned to write "verbal" in the by-1 aw because of being hard to prove but as Mr. Harrington says -we could easily use that approach from an administration standpoint; and 3. The other points are explained by Mr. Harrington. AMENDMENT -Upon the question of the adoption of the resolution it was: Moved by Councillor Timpson Seconded by Councillor Jones THAT the recommendation be amended by the deletion of all words following "consideration" in the second line so that same will now read as follows: THAT no changes be made to the wording of By-1 aw 2393-87 before Council for consideration. CARRIED The resolution CARRIED AS AMENDED. Town of Aurora Council Minutes - 4 - Wednesday, March 4, 1987 PLANNING DEPARTMENT Report No. PL87-030-74 -Committee of Adjustment, Application B-5-87; Harry S. Fry; Part Lot 16, Cone. 2 E.Y.S., Bayview Avenue #166 #167 #168 Moved by Councillor Weller Seconded by Councillor Barker 1. THAT the Committee of Adjustment be advised that Council has no objection to application B-5-87. Should the Committee choose to approve Application B-5-87 the following conditions of approval should be applied: ( i) Payment of a 1 ot 1 evy, the amount of $1,695.00 to the Town of Aurora; (ii) Cash in lieu of parkland dedication an amount not to exceed 5% of the appraised va 1 ue of the subject 1 ands payable to the Town of Aurora; (iii)Payment of a hydro levy of $350.00 to the Town of Aurora; (iv) Payment of an administration fee of $100.00 to the Town of Aurora; (v) The applicants shall apply and receive approval for the rezoning of the subject lands from 'RU -Rural General' to 'R -Rural Residential' and Fill and Construction Area; (vi) The location of a private entrance must be subject to approval by the Department of Public Works; and (vii)The applicant convey free of cost and encumbrance a 5.18 metre {17 feet) road widening, along the north side of the Vandorf Sideroad frontage of the proposed lot, to the Town of Aurora. 2. THAT a copy of the staff report be forwarded to the Committee of Adjustment. AMENDMENT Upon the question of the adoption of the resolution it was: Moved by Councillor Timpson Seconded by Councillor Paivio THAT the conditions of consent be amended by the addition of condition (viii) to read: (viii) The applicant shall be responsible for the supply and installation of a culvert at a location to be approved by the Director of Public Works. CARRIED Moved by Councillor Buck Seconded by Councillor Pedersen THAT the conditions of approval be amended by the addition of condition (ix) to read: (ix) There shall be a statement registered on title of the 1 ands to advise the app 1 i cant and future 1 andowners of the existence of the potential for future groundwater problems. This caution will clearly detail the obligations of the concerned parties with respect to the provision of any future water service to this property. CARRIED The resolution CARRIED AS AMENDED. Town of Aurora Council Minutes Wednesday, March 4, 1987 -5 - Report No. PL87-031-75 -Committee of Adjustment, Application A-4-87 - Robert & Elizabeth Chambers, Part Lot 14, R.P. #5, 75 Yonge Street North #169 Moved by Councillor Timpson Seconded by Councillor Barker 1. THAT the Committee of Adjustment be advised that Council has no objection to Application A-4-87; and 2. THAT a copy of the staff report be forwarded to the Committee of Adjustment. CARRIED PUBLIC WORKS DEPARTMENT Report No. PW87-016-76 -1987 Capital & Maintenance Programme Submission; 1987 Supplementary Request Submission; and 1987 Ontario Municipal Improvement Fund Submission #170 Moved by Councillor Buck Seconded by Councillor Weller 1. THAT Council approve the submission to the Ministry of the 1987 Capital and Maintenance Programmes as detailed on M. T.C. Form MR-A-16 attached hereto; 2. THAT Council approve the submission of M.T.C. Forms MR-A-15 and MR-A-16 effectively requesting a supplementary allocation for the replacement of the St. John's Sideroad Culvert. A resolution to the effect that Council is formally requesting same and is prepared to participate in accordance with the usual cost sharing arrangement is required; and 3. THAT Council approve the submission of M.T.C. Forms MR-A-15 and MR-A-16 effectively requesting subsidy under the 1987 Ontario Municipal Improvement Fund programme (O.M.I.P.) for the replacement of the St. John's Sideroad culvert and the reconstruction of the Yonge Street/Orchard Heights Drive intersection. As in (2) above, a resolution is required to the effect that Council is formally requesting same and is prepared to participate in accordance with the usual cost sharing arrangement. CARRIED RESOLUTIONS Transfer of Lands-Block 157, Plan 65M-2247 #171 Moved by Councillor Pedersen Seconded by Councillor Jones RESOLVED that the Mayor and Clerk be authorized to execute all the necessary documentation pertaining to the transfer of Part of Block 157 Plan 65M-2247 designated as Parts 1 to 3 inclusive according to Plan 65R-8568 to the respective adjacent landowners. CARRIED UNFINISHED BUSINESS Mr. Todd Comfort, Aurora, Ontario representing Lakeview homeowners re: baseball diamond -Our Lady of Grace Park #172 Moved by Councillor Pedersen Seconded by Councillor Jones THAT the Director of Leisure Services prepare a report for the next Committee of the Whole Meeting indicating the ramifications of removing this facility and where the need for baseball can be accommodated if the decision to remove it is made. CARRIED Town of Aurora Council Minutes - 6 - Wednesday, March 4, 1987 BY-LAWS #173 #174 #175 Moved by Councillor Jones Seconded by Councillor McKenzie THAT leave be given the Mover and Seconder to introduce the following by-laws for First Reading: 2896-87 Being a By-law to designate the property known municipally as "The Carpenter's House", 69 Wellington Street East as being of architectural and historical value or interest. 2897-87 Being a by-law to exempt the lots on Plan No. 65M-2396, Aurora from the part 1 ot contra 1 provisions as provided in subsection 49(5) of the Planning Act, 1983, S.O. 1983. 2898-87 Being a by-law to approve the sale of certain lands to David-Paul Holdings Inc. for the establishment and carrying on of an Industrial operation 2899-87 Being a by-law to amend By-law #2345-80 for the licensing, regulating, and governing of taxi cab brokers, owners, and drivers of taxi cabs, and the establishing of rates and fares to be charged by the owners or drivers of cabs for the conveyance of passengers within the Town of Aurora. AND THAT the same be taken as read a First Time. CARRIED Moved by Councillor Paivio Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-laws for Second Reading: 2896-87 Designation of 69 Wellington Street East 2897-87 Exemption from part lot control provisions 2898-87 Sale of lands to David-Paul Holdings 2899-87 Taxi By-law AND THAT the same be taken as read a Second Time. CARRIED Moved by Councillor McKenzie Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 2891-87 Being a by-law to designate the property known municipally as 54 Yonge Street North as being of architectural and historical value or interest 2892-87 Being a by-law to designate the property known municipally as the "Keeper's House", Aurora Cemetery, R.R. #2, Aurora as being of architectural and historical value or interest 2893-87 Being a by-law regulating building permits and inspections 2894-87 Being a by-law to amend Zoning By-law 2213-78 (Priestly) AND THAT the same be taken as read a Third Time. CARRIED Town of Aurora Council Minutes - 7 - Wednesday, March 4, 1987 Councillor Barker, having earlier declared a possible Conflict of Interest in By-law 2894-87, did not take part in the vote called with respect to this by-law. #176 Moved by Councillor Barker Seconded by Councillor Weller THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 2898-87 Sale of lands to David-Paul Holdings Inc. AND THAT the same be taken as read a Third Time. CARRIED UNANIMOUSLY QUESTIONS BY MEMBERS Councillor Weller -status of detail plans for cemetery expansion; -implementation of proposed plan for parks building, works building and senior citizen building; -update on status of Library Square works; -update on firehall addition for next meeting; and -update on departmental staff complements for next meeting Councillor Jones -current land availability at cemetery. Councillor Barker -traffic safety study tender status. Councillor Timpson -the Chief Building Official to prepare a report on proposed fencing by-law recommended by Planning Committee in September. NEW BUSINESS Ad Hoc Committee re: redevelopment of Highland Chev-Olds Site, Yonge Street South Mayor West and Councillors Timpson and Buck indicated they would be willing to sit on the ad hoc design committee recommended in the report of the Director of Planning approved by Council at the Public Planning Meeting held on February 26, 1987 regarding application for zoning by-law amendment Z-06-87. ADJOURNMENT #177 Moved by Councillor Jones THAT the meeting be adjourned at 9:32 p.m. CARRIED Mayor (;il! #Ai~·