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MINUTES - Council - 19891115York Region MINUTES TOWN OF AURORA COUNCIL MEETING NO. 54-89 Boardroom Board of Education Administrative Offices Wednesday, November 15, 1989 8:00 p.m. COUNCIL MEMBERS IN ATTENDANCE: Mayor West in the Chair, Councillors Jones, Mcintyre, McKenzie, Ochalski, Pedersen, Stewart, and Timpson Councillor Weller absent on Vacation. STAFF MEMBERS IN ATTENDANCE: Chief Administrative Officer, Clerk, Deputy Clerk, Acting Chief Building Official, Manager of Engineering Services, Operations Manager, Director of Leisure Services, Director of Personnel, Director of Planning, Treasurer, and Fire Chief DECLARATION OF CONFLICT OF INTEREST Councillor Timpson declared a possible Conflict of Interest in Accounts paid to the York Region Board of Education, 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 question. Counci 11 or McKenzie declared a possi b 1 e Conflict of Interest in Accounts paid to Herb McKenzie Auto Parts Incorporated, due to monetary interest in same, 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 question. Mayor West declared a possible Conflict of Interest in Accounts paid to Decor Glass, 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 question. APPROVAL OF AGENDA #638. Moved by Councillor Mcintyre Seconded by Councillor Jones THAT the content of the Consolidated Agenda with additions, be approved as outlined herein. CARRIED PASSING OF ACCOUNTS #639. Moved by Councillor Jones Seconded by Councillor Stewart THAT the following Accounts in the total amount of $2,201,532.80 details of which are on file with the Treasury Office, are approved by Council for payment and the seal of the Corporation be attached hereto. Cheque#8049 to 8086 Cheque#8087 to 8194 Cheque#8195 to 8239 Cheque#8240 to 8341 Cheque#8342 to 8485 Cheque#8486 to 8584 Manual Cheques Cheque 202/89 to 212/89 TOTAL L I B R A R Y . $ 109,990.07 $ 233,454.90 $ 541,026.97 $ 701,027.07 $ 136,157.36 $ 479,876.43 $2,201,532.80 CARRIED Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 2 - Councillor Timpson, having previously declared a possible Conflict of Interest in Accounts paid to York Region Board of Education, did not take part in the vote called for payment of this account. Councillor McKenzie, having previously declared a possible Conflict of Interest in Accounts paid to Herb McKenzie Auto Parts, did not take part in the vote called for payment of this account. Mayor West, having previously declared a possible Conflict of Interest in Accounts paid to Decor Glass, placed Deputy Mayor Timpson in the Chair, and did not take part in the vote called for payment of this account. SECTION "A" -CONSENT ITEMS Correspondence and Petitions The Environmental Congress re: The Environment Show December 4 and 5, 1989 That this information be received, and that any Staff and/or Council members wishing to attend be authorized to do so, in accordance with normal policy. Association of Municipalities of Ontario re: Transfer of payments to Muni ci pa 1 i ties That the Minister of Municipal Affairs, the Premier of Ontario, and Mr. Charles Beer, M.P. P., be ad vi sed that the Corporation of the Town of Aurora would encourage an approach to increases for the 1990 Ontario Unconditional Grants Program, which would provide municipalities a reasonable opportunity to provide at least a consistent level of service for their inhabitants. Palliative Care Services for York Reqion re: request for proclamation of February 4 -lO, 1990, as "Palliative Care Week" in the Town of Aurora That the Week of February 4 to February 10, 1990 be proclaimed as "Palliative Care Week" in the Town of Aurora. W. Walker memo to C.A.O. re: Parking Restrictions -McDonald Drive That in light of the recommendation of the Public Works Department, Council take no further action respecting amendments to the parkinq restrictions on McDonald Drive at this time. A. Merkur and Sons Ltd., re: School Bus Parking, Town of Aurora That the correspondence regarding parking availability for school buses be received with appreciation, and that letters be forwarded to the bus companies operating in the Municipality. The Regional Municipality of York re: Report Number 4 of the Administrative Committee regarding Population Projections That the Regional estimate of Aurora's future population be received and referred to the Official Plan review process. Metropolitan Stores (MTS) Ltd., re: Metropolitan Community Involvement Program That this item be received with appreciation. Mr. and Mrs. Boccius, residents re: tennis courts in Orchard Heights vicinity, and privacy issues regarding same That the resident's concerns be received, and forwarded to the Director of Leisure Services for a report. The City of Stoney Creek, request for endorsement of reso 1 uti on regarding Land Use Planning for Housing That this request be received and referred to Planning Advisory Committee for discussion in conjunction with the staff report on the Minister's Housing Policy Statement. Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 3 - Optimist Club of Aurora Inc., re: Mobile Kitchen That the letter from the Optimist Club be received and that the Club be advised that as their proposed use does comply with the provisions of the licensing By-laws, that the normal applications be submitted to the municipality. Liquor Licence Board of Ontario re: Application for Dining Lounge Licence by Pandora Ristorante That the notice from the Liquor Licence Board be received, and that the appropriate Municipal Departments be so notified. Inc., re: Sales Office, That subject to provision of the required security and obtaining the necessary consent from the Building and Zoning Department and the Ministry of Transportation of Ontario, permission be granted to Mannington Developments to locate a temporary sales office on their lands at the north east corner of Yonge Street and St. John's Sideroad. Staff Reports CL89-036-344 Transfer of Substation Site to Aurora Hydro Electric CommTSsion That the Mayor and Clerk be authorized to execute the required documentation to complete the transfer of the Substation Site, located at Yonge Street and Bloomington Road, to the Aurora Hydro Electric Commission. CL89-038-345 -Part Lot Control -Village Square Trails Incorporated That Council approve the request from Village Square Trails Incorporated, to exempt Lots 1 to 28 inclusive, Plan 65M-2767, from the Part Lot Control provisions of the Planning Act (Section 49 (7)). LS89-057-346-Tree Preservation By-law-Status of That Council delay introduction of the tree preservation By-law until further information relative to enforceability and ongoing analysis by other municipalities is received. TR89-022-348 -Interim Petition for Subsidy for 1989 Highway Expenditures That Council approve the appended petition to the Ministry of Transportation for interim subsidy on expenditures for construction and maintenance to October 31, 1989. TR89-025-349 -Taxes being cancelled under Section 496 of the Municipal Act That the 496 taxes appended to this report be approved for write-off in the amount of $7,273.07. #640. Moved by Councillor Timpson Seconded by Councillor Jones THAT the resolutions respecting the foregoing matters be adopted, and Staff be authorized to take all necessary action required to give effect to same. CARRIED SECTION B -MATTERS FOR CONSIDERATION CORRESPONDENCE AND PETITIONS Mr. Andrew Brandt, M.P.P. re: Bill 119 #641. Moved by Councillor Timpson Seconded by Councillor Mcintyre THAT this matter be referred to the Director of Leisure Services for comments. CARRIED Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 #642. - 4 - Moved by Councillor Jones Seconded by Councillor Pedersen THAT the Director of Leisure Services be requested to assist in the preparation of the correspondence to the province, setting out the position previously put forward by Staff and the Municipality in opposition to the proposed legislation; and THAT the Council of the Town of Aurora endorse the position taken by the Parks and Recreation Federation of Ontario respecting the implications of Bill 119. CARRIED CORRESPONDENCE AND PETITIONS RECEIVED AS INFORMATION a) CN Engineering Division re: Grade Crossing, Centre Street b) Canadian Mental Health Association re: appreciation for grant support COMMITTEE REPORTS Committee of the Whole Minutes No. 53-89, dated Wednesday, November 6, 1989 #643. Moved by Councillor Pedersen Seconded by Councillor Stewart THAT the Minutes of the Committee of the ~!hole Meeting dated Wednesday, November 6, 1989, be adopted as recommended by the Committee, with the exception of recommendation number 5, regarding the Financing of Residential Water Meter Installations, said recommendation to be considered under the Unfinished Business section on the Agenda. CARRIED STAFF REPORTS CL89-037-350 -Proposed Subdivision Agreement between the Town of Aurora and Twice Elegant Ltd.; 19T-87115 #644. Moved by Counci 11 or Stewart Seconded by Councillor Pedersen THAT consideration of this report be deferred and dealt with under the Unfinished Business section of the Agenda. CARRIED LS89-056-351 -Culture and Recreation Master Plan #645. Moved by Councillor McKenzie Seconded by Councillor Stewart THAT the proposal by ,lean Monteith and Associates Limited to the Culture and Recreation Master Plan Ad-Hoc Committee, in the amount of $49,975, be accepted by the Town of Aurora for preparation of the Culture and Recreation Master Plan in the amount of $49,975, with the additional allowance of a 10% contingency fee for work on the project, as approved by the Ministry of Tourism and Recreation. CARRIED PER89-013-352 -Firefighter Negotiation -Acting Captain Classification #646. Moved by Councillor Ochalski Seconded by Councillor McKenzie THAT Council agree to the terms of employment for the Acting Captain classification, as negotiated between staff and the Aurora Professional Firefighters Association. CARRIED '·-' Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 5 - PER89-014-353 -Employee Benefits Plan -Renewal #647. Moved by Councillor Mcintyre Seconded by Councillor Jones THAT Council agree to a one-year renewal of the existing employee benefits plan with Conste 11 ati on Assurance Company, incorporating revised monthly rates for Extended Health Care and Dental coverage of $13.49 (single/$37.48 (family) and $21.52 (single)/$49.01 (family), respectively, and no change to the existing rates for Life, AD & D, and LTD Insurance coverage, effective November 1, 1989, CARRIED PL89-135-354 -Proposed Zoning By-law Amendment Part Lots 26, 27, 28, and 29, Registered Plan 246, Glenowen Properties Limited, Z-29-89 #648. Moved by Councillor Jones Seconded by Councillor McKenzie 1. That as staff have now determined the extent of the upgrade required respecting the existing sanitary sewer that there is no longer a servicing constraint to the Glenowen Properties Limited development proceeding. 2. That Glenowen be required to pay a sewer charge of $3,408.00 per unit based on a proportionate share of the estimated cost of upgrading the sewer on Machell Avenue. CARRIED CONSIDERATION OF CONSENT ITEMS REQUIRING SEPARATE DISCUSSION W. Walker memo to Administrative Assistant re: Request for pre-servicing approval; 750179 Ontario Limited #649. Moved by Counc i 11 or Pedersen Seconded by Councillor McKenzie THAT 750179 Ontario Limited be granted approval to proceed with pre-servicing of draft plan of Subdivision 19T-88031 subject to compliance with normal Municipal conditions. CARRIED Pitch-In Ontario re: 1990 Campaign #650. Moved by Councillor Mcintyre Seconded by Councillor Ochalski THAT Council authorize the payment of $575.00 to the Pitch-In Ontario campaign, the funds to come from Account number 101-436. CARRIED Ontario Le,islative Assembly re: Notice of Hearings Bill 49, Municipal Freedom ofnformation and Protection of Privacy Act, and Bill 52, Municipal Freedom of Information Statute Law Amendment Act #651. Moved by Councillor Timpson Seconded by Councillor Pedersen THAT the Notice of Hearings be received as Information and the Council of the Town of Aurora express concern to the Chairman of the Standing Committee on the Admi ni strati on of Justice over the inappropriately short period of time given those affected by the proposed legislation to submit comments in respect of same; and THAT staff be requested to submit a report to Council regarding the potential Municipal impact of Bills 49, and 52, if the proposed legislation is adopted by the Province of Ontario. CARRIED Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 6 - Mayor West memo to Members of Council re: Handicapped Transit Service #652. Moved by Councillor Mcintyre Seconded ~Y Councillor Jones That permission be granted to undertake a survey of Aurora households, in order to determine the need for a Handicapped Transit Service in the Town of Aurora, at an approximate cost of $1,200.00, the funds to come from Account #311-301. CARRIED TR89-021-347 -1989 July 1st Financial Statement #653. Moved by Councillor Timpson Seconded by Councillor Mcintyre THAT the 1989 July 1st Financial Statement be received, and the matter of the deficit incurred be referred to a future Committee of the Whole Meeting for further discussion. CARRIED RESOLUTIONS Release of Financial Securities; Edelstein Construction Limited #654. Moved by Councillor Timpson Seconded by Councillor Jones THAT upon the recommendation of the Director of Public Works, Director of Leisure Services, Chief Building Official, and Fire Chief for the Town of Aurora, the financial security in the amount of $43,000.00 held for obligations in connection with a Site Plan Agreement between Edelstein Construction Limited and The Corporation of the Town of Aurora be released in its entirety. CARRIED Settlement Agreement; George Wimpey Canada Limited, Shields Contracting Inc., and the Town of Aurora #655. Moved by Councillor Pedersen Seconded by Councillor Stewart THAT the Mayor and Clerk be authorized to sign a Settlement Agreement between George Wimpey Canada Limited, Shields Contracting Inc., and the Town of Aurora, dated the 15th day of September, 1989. CARRIED Town of Aurora Meeting Calendar; 1990 #656. Moved by Councillor Stewart Seconded by Councillor Pedersen THAT the 1990 calendar of Council and Committee meetings be approved as prepared by the Clerk's Department, and that staff prepare and distribute the Calendar to those concerned. CARRIED Appointment of Acting Zoning Administrator #657. Moved by Councillor Ochalski Seconded by Councillor Jones THAT the resolution regarding Appointment of an Acting Zoning Administrator be deleted from the Agenda. CARRIED '--·-·---· --.-.----~~-· '~~,~~'•'""' ·• -···-·-~-._ ... ~. ·-···-~---,----"'~---.,----~-~---~~"'·"·~·-""'-'"·'~<:>N,,,;.•,•,••!""-~·•"-"''·'·''"'""-'"J,".' :.·-N,·,·,•,._,·,o ~"'-'·•J,<.> ·~~~-----~----. Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 7 - Proposed New Administration Building #658. Moved by Councillor McKenzie Seconded by Councillor Stewart THAT Marshall Macklin Monaghan Limited be appointed as Pro,ject Managers acting on behalf of the Town of Aurora for the purpose of soliciting the design/build proposals, providing related administration, consulting services and construction project management for the Civic Administration Complex, as outlined in their proposa 1 dated October 12, 1989, at an estimated cost of $114,000,00 plus disbursements, the funds to come from Account #102-902. CARRIED UNFINISHED BUSINESS PL89-136-355 -Objection to By-law 3136-89; 99 Yonge Street South; Monreith Development Inc. #659. Moved by Councillor Timpson Seconded by Councillor McKenzie THAT Counci 1 confirms it's pas iti on in regard to the enacting of By-1 aw 3136-89, respecting the Monreith Development Inc., on the Yonge Street South property. CARRIED TR89-023-356 -Water Meter Installations; TR89-024-357 -Timetable for Metered Water Billing; and Recommendation Number 5 of the Committee of the Whole Regort Number 53, dated November 6, 1989 re: TR89-016-301; Financing Resident1al Water Meter Installations #660. Moved by Councillor Timpson Seconded by Councillor Jones 1. The Town is to finance the installation of all water meters from the Waterworks Reserve Fund at an estimated cost of $2,000,000.00. Property owners will not be charged for meters. 2. The Town is to refund fees for water meters which were collected in cash between 1978 and 1989, according to the records in the Treasury Department. The refund is restricted to the actual amount paid, without interest. 3. Where water meters have been installed under terms of a subdivision agreement by the builder, the Owner will be entitled to a refund of $125.00. All future Subdivision Agreements will provide for water meters to be installed by the Builder/Developer with no rebate to the purchaser. 4. Refunds are to be paid in February/March 1990 to applicable property owners as listed on the last revised assessment roll issued by the Ministry of Revenue in January 1990 for 1990 tax purposes. 5. The property owner will be responsible for exposing the site for the meter and for any restoration work required; - except in cases where a senior citizen or handicapped person is unable physically or financially to perform the work. On written application to Council for assistance, the Town will investigate the need and arrange for the work to be done when required. CARRIED • • ----;--·-.-·•••~~-"''-'-''"""'""~•<<0~'>"'"'•'0-~VC',•''-•'-"•"''' ··.,~·£>.o· -,.·~·'·"-'->"•·'"'' • "< >"•'-<~'--"-'" •" .~ ... -,,~--· Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 - 8 - CL89-037 -350 -Proposed Subdivision Agreement between the Town of Aurora and Twice Elegant Ltd.; 191-87115 #661. BY-LAWS #662. #663. Moved by Councillor Pedersen Seconded by Councillor Jones THAT subject to the provision of financial securities the Council authorize the Mayor and Clerk to sign a Subdivision Agreement between Twice Elegant Ltd., and the Town of Aurora dated November 15, 1989, with respect to draft plan of subdivision 19T-87115; and That upon execution of the agreement, the Engineering Department of the Regional Municipality of York be advised that the Town of Aurora hereby grants the necessary sanitary servicing and water servicing allocation to the 51 dwelling units, to be constructed in said draft plan of subdivision 19T-87115, CARRIED Moved by Councillor Mcintyre Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-laws for First Reading: 3149-89 Being a By-law to appoint an Acting Chief Building Official; 3150-89 Being a By-law to appoint an Acting Deputy Chief Building Official; 3151-89 Being a By-law to appoint Municipal Law Enforcement Officers for the Corporation of the Town of Aurora; 3152-89 Being a By-law to appoint Fence Viewers for the Corporation of the Town of Aurora; 3153-89 Being a By-law to appoint Weed Inspectors for the Corporation of the Town of Aurora; 3154-89 Being a By-law to amend By-law 2213-78; (Glenellen) 3155-89 Being a By-law to amend By-law 2213-78; (Coscan) AND THAT the same be taken as read a First Time. CARRIED Moved by Councillor Jones Seconded by Councillor Pedersen THAT leave be given the Mover and Seconder to introduce the following by-laws for Second Reading: 3149-89 Being a By-law to appoint an Acting Chief Building Official; 3150-89 Being a By-law to appoint an Acting Deputy Chief Building Official; 3151-89 Being a By-law to appoint Municipal Law Enforcement Officers for the Corporation of the Town of Aurora; 3152-89 Being a By-law to appoint Fence Viewers for the Corporation of the Town of Aurora; 3153-89 Being a By-law to appoint Weed Inspectors for the Corporation of the Town of Aurora; 3154-89 Being a By-law to amend By-law 2213-78; (Glenellen) 3155-89 Being a By-law to amend By-law 2213-78; (Coscan) AND THAT the same be taken as read a Second Time. CARRIED Aurora Council Minutes No. 54-89 Wednesday, November 15, 1989 #664. #665. - 9 - Moved by Councillor Timpson Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3143-89 Being a By-law .to amend By-law 2792-85, being a By-law to appoint a Deputy Fire Chief; 3146-89 Being a By-law to amend By-law 2765-85, a By-law to prescribe maximum rates of speed on Orchard Heights Boulevard and Aurora Heights Drive in the Town of Aurora; AND THAT the same be taken as read a Third Time. CARRIED Moved by Councillor Pedersen Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-laws for Third Reading: 3149-89 Being a By-law to appoint an Acting Chief Building Official; 3150-89 Being a By-law to appoint an Acting Deputy Chief Building Official; 3151-89 Being a By-law to appoint Municipal Law Enforcement Officers for the Corporation of the Town of Aurora; 3152-89 Being a By-law to appoint Fence Viewers for the Corporation of the Town of Aurora; 3153-89 Being a By-law to appoint Weed Inspectors for the Corporation of the Town of Aurora; AND THAT the same be taken as read a Third Time. CARRIED NOTICE OF MOTION Councillor Mcintyre gave Notice of Motion concerning the expansion of the Terms of Reference given the LURA Group engaged to provide public communications strategy for the residential water meter installation project. Councillor Stewart gave Notice of Motion concerning the current practice of the sale and distribution of water to the public from municipal supplies. The Notice was withdrawn after indication from the CAO that a report of this nature was currently in preparation. QUESTIONS BY MEMBERS Councillor Jones -enquired as to whether a report could be prepared outlining the status of the alleged by-law infractions at the National Sports Centre Store on Yonge Street South. ADJOURNMENT #666. Moved by Councillor Jones THAT the meeting be adjourned at 9:43 p.m. CARRIED