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MINUTES - Council - 19910130~ MINUTES TOWN OF AURORA COUNCIL MEETING NO. 04-91 Boardroom York Region Board of Education Administrative Offices Wednesday, January 30, 1991 8:00 p.m. COUNCIL MEMBERS IN ATTENDANCE Mayor West in Chair; Councillors Jones, Mcintyre, Ochalski, Pedersen, Stewart, Timpson and Weller. STAFF MEMBERS IN ATTENDANCE DECLARATION OF CONFLICT OF INTEREST Councillor McKenzie absent while recuperating from surgery. Chief Administrative Officer, Municipal Clerk, Deputy Clerk, Director of Building Administration, Director of Planning, Director of Leisure Services, Director of Personne 1, Director of Pub 1 i c Works, Fire Chief, Treasurer. Councillor Timpson declared a possible Conflict of Interest in Report No. PW91-008-031 -Construction of Sidewalks -Wellington Street West, by reason of his residence at property adjacent to the proposal. APPROVAL OF AGENDA #26. Moved by Councillor Weller Seconded by Councillor Jones THAT the content of the Agenda be approved as outlined herein. CARRIED DELEGATIONS Mr. Terrance Carter; Wardlaw, Mullin, Carter & Thwaites re: Aurora Business Parks Limited Mr. Terrance Carter appeared on behalf of Aurora Business Parks Ltd. to request Council to delete the condition of approval in his client's condominium application relating to the requirement for the payment of cash in lieu of a parkland dedication. Mr. Carter stated that the requirement for a further cash payment was not raised in 1987, when his client purchased the property from the Town or during the site plan approvals process. He argued that the requirement should have been disclosed at the time of the sale, since the Town was aware that the applicant wished to develop a condominium. Alternatively, if the cash payment in lieu of parkland arose as a Town policy after the sale, it should not be applied retroactively to an ongoing proposal. Mr. Carter indicated that his client would be forced to try and renegotiate financing terms to accommodate the Town's request. If necessary, his client is prepared to pursue his legal rights in the appropriate forum. #27. Moved by Councillor Weller Seconded by Councillor Pedersen THAT the matter be referred to Staff to obtain a legal opinion and that the opinion be considered by Council In Camera. CARRIED Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 2 - Mr. Mi chae 1 Evans, Aurora Pro Hardware re: New Numbering of Yonge Street - urora Mr. Michael Evans of Aurora Pro Hardware appeared to express dissatisfaction with the 9-1-1 renumbering system. His concerns include the difficulty of remembering the 1 anger numbers in times of emergency, the cost factor, the fact that the existing system has proven functional, the delays in providing his individual number, the system's impact on the Town's identity and th.e fact that only one number is provided per unit owner. #28. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the presentation be received as information. CARRIED S.T.O.R.M. Coalition re: Regional Mall Ms. Gloria Reszler appeared on behalf of S.T.O.R.M. Coalition to request Council to petition the Province to declare a provincial interest in the Oak Ridges Moraine and to provide written guidelines and policies with regard to the Moraine. Ms. Resz 1 er noted the envi ronmenta 1 importance of the Moraine. She noted that the Honourable David Crombie in a recent report recommends such a declaration. She stated that this issue impacts on the question of the development of a regional mall. #29. Moved by Councillor Jones Seconded by Councillor Mcintyre THAT the matter be referred to the Unfinished Business section of the Agenda. CARRIED Tamarac Area Residents' Association re: Regional Mall Ms. Mary McKeigan appeared on behalf of the Tamarac Area Residents' Association to speak in opposition to the development of a regional mall in the Town. She felt that this would harm Aurora's unique small town character. Ms. McKei gan noted that Newmarket's Upper Canada Ma 11 is close to Aurora and p 1 ans further expansion. She a 1 so stated that the proposed mall would harm existing Aurora retailers. #30. Moved by Councillor Pedersen Seconded by Councillor Ochalski THAT the presentation be received as information. CARRIED Vallhalla Community Association re: Regional Mall Mr. Alan Majauskas appeared on behalf of the Vallhalla Community Association to ask the Town to freeze all new development on the Oak Ridges Moraine until the Province has provided guidelines for this area. Noting the importance of the Moraine as a headwater for the Greater Toronto Area, Mr. Majauskas stated that Council's support of a regional mall in this area prior to the implementation of an Official Plan is premature. #31. Moved by Councillor Weller Seconded by Councillor Pedersen THAT the presentation be received as information. CARRIED ' "~"-' Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 3 - ADOPTION OF MINUTES Council Minutes No. 57-90, Thursday, December 20, 1990; Council Minutes No. 01-91, Wednesday, January 16th, 1991 #32. Moved by Councillor Jones Seconded by Councillor Weller THAT the minutes of Meeting Numbers 57-90 and 01-91 be adopted as printed and circulated. CARRIED PASSING OF ACCOUNTS #33. Moved by Councillor Mcintyre Seconded by Councillor Weller THAT the following Accounts in the total amount of $593,385.48, 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. Cheques Cheque #15064 TO #15126 $ 390,477.97 Cheque #15127 TO #15150 l I B R A R Y Manual Cheques 433/90 $ 675.00 Manual Cheques 01/91 TO 15/91 $ 202,232.51 TOTAL $ 593,385.48 CARRIED SECTION "A" -CONSENT ITEMS Correspondence and Petitions Minister of Fisheries and Oceans re: Zebra Mussel Infestation of the Great lakes THAT the correspondence be receive as information. Ministry of Transportation re: Potential Improvements to Highway No. 11 at Intersection of St. John's Sideroad THAT the correspondence be received as information. Aurora Bowl re: Request for Proclamation -"Mark Roth Bowling Day", February 24th, 1991 THAT February 24th, 1991 be proclaimed "Mark Roth Bowling Day" in the Town of Aurora. The Salvation Army re: Town of Aurora Christmas Choir THAT the correspondence be received as information. Bell Canada re: New Area Code for Golden Horseshoe Area THAT the correspondence be received as information. Big Sisters of York re: Request for Proclamation -"Big Sister Week", February lOth -17th, 1991 THAT the week of February lOth through 17th, 1991, be proclaimed "Big Sister Week" in the Town of Aurora. '•,./ Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 4 - Ministry of Citizenship re: 1991 Ontario Senior Achievement Awards THAT the correspondence be received as information. Auxiliary to York County Hospital re: Request for Permission to Conduct "Tag Days", Friday, May lOth, 1991 & Saturday, May 11th, 1991 THAT permission be granted to the Auxiliary to York County Hospital to conduct "Tag Days", Friday May lOth and Saturday May 11th, 1991, in the Town of Aurora. York Regional Police Force re: Gun Clubs -Shooting Ranges THAT the correspondence be received as information. Regional Municipality of York re: Request for Proclamation -"Healthy Sexua 1 ity Week", February 10 -16, 1991 THAT the week of February lOth through 16th, 1991, be proclaimed "Healthy Sexuality Week" in the Town of Aurora. Staff Reports CL91-004-023 -Justice System Requirements in York Region THAT the Town of Aurora provide the following comments to the Ministry of the Attorney Genera 1 concerning the admi ni strati on of justice in York Region: THAT consideration be given to the decentralization of Court facilities in the Region with satellite facilities established to deal with Provincial Offences/By-law matters. THAT efforts already made to increase the efficiency of operations at the Court House in Newmarket through utilization of additional space be endorsed. THAT, given the past and future growth projections for the Greater Toronto Area, consideration be given to providing an Administration Region to serve the Courts located in York and Durham Regions exclusively. LS91-004-024 -Proposed Date -Civic Appreciation Night THAT Council approve the evening of Wednesday, May Civic Appreciation Night at Dr. G.W. Williams Auditorium, commencing at 7:30p.m.; and 22, 1991 as High School THAT Council approve the addition of a new Youth Volunteer Award which has been introduced by the Ministry of Citizenship for 1991. LS91-008-025 -Annual Art Show and Sale -Aurora Community Centre, June 12-16' 1991 THAT the Annual Art Show and Sale be held at the Aurora Community Centre June 12 -16, 1991; and THAT a new category to include Material Arts and Print Making be added to the show and sale. PW91-007-026 -Residential Complaints on Tannery Creek Flooding THAT Town Pol icy for residential complaints arising from Tannery Creek flood conditions be as follows: Complaint investigation by Town Staff, referral of residents to Lake Simcoe Region Conservation Authority for techni ca 1 advice as required, and remedial measures be the responsibilty of the 1 an downer. /' ',_,,/ Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 #34. - 5 - 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 actions required to give effect to same. CARRIED SECTION B -MATTERS FOR CONSIDERATION CORRESPONDENCE AND PETITIONS Co-operative Education Conference re: Request for Contribution of $500.00 #35. Moved by Councillor Timpson Seconded by Councillor Mcintyre THAT the request for a contribution to the Co-operative Education Conference of $500.00 be denied. CARRIED The Municipal Corporation of the Town of Tecumseh re: Endorsement of Resolution -Freestanding Abortion Clinics #36. Moved by Councillor Pedersen Seconded by Councillor Jones THAT the correspondence be received as information. CARRIED Solid Waste Interim Steering Committee re: Waste Management Programme #37. Moved by Councillor Pedersen Seconded by Councillor Weller THAT the correspondence be received as information. CARRIED The Queen's York Rangers Cadet Corps re: Re1uest for Donation of Community Centre for Annual Inspection Parade, June 8th 9th, 1991 #38. Moved by Councillor Stewart Seconded by Councillor Mcintyre THAT Council provide to the Queen's York Rangers Cadet Corps the use of the Community Centre, free of charge, on June 8th and 9th, 1991, for their Annual Inspection Parade. CARRIED COMMITTEE REPORTS Planning Advisory Committee Meeting Minutes No. 02-91, Monday, January 21, 1991 #39. Moved by Councillor Timpson Seconded by Councillor Jones THAT the Minutes of the Planning Advisory Committee Meeting No. 02-91 be received, and that the recommendations carried by the Committee be adopted, with the exception of i tern #8 which wi 11 be dealt with in Report PL91-011-030. CARRIED ·--·., Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 6 - STAFF REPORTS CL91-003-027 -Approval of 1991 Memberships #40. Moved by Councillor Pedersen Seconded by Councillor Ochalski THAT Council approve the attached list of 1991 memberships and authorize the Treasurer to pay same on receipt of invoices. CARRIED CL91-005-032-Transfer of Lands to Gaspero Developments Limited #41. Moved by Councillor Ochalski Seconded by Councillor Pedersen THAT the Mayor and Clerk be authorized to sign the documents necessary to convey Parts 1, 2 and 4 on reference plan 65R-14453 to each of the three adjacent land own~rs for nominal consideration, provided the subdivision developer, Gaspero Developments Limited, prepares a new reference p 1 an in connection with correcting the highway description and assumes responsibility for all costs associated with the conveyances and the new reference plan; and THAT Council repeal By-law 3238-90, which dedicates Part 3 on reference plan 65R-13147 as highway. CARRIED LS91-006-028 -Proposal to Trees Ontario for a Five-Year Program of Tree Planting in Aurora #42. Moved by Councillor Stewart Seconded by Councillor Pedersen THAT Council endorse submission of a proposal to Trees Ontario for sponsorship of a Five-Year Program of Tree Planting at various parks and open space areas in Aurora. CARRIED LS91-011-029 -Child Supervisory Services, Aurora Family Leisure Complex #43. Moved by Councillor Weller Seconded by Councillor Jones THAT information pertaining to child care services at the Leisure Complex, as outlined in a report from the Director of Leisure Services, be received; and THAT the 1991 fees and service charges adopted by Council Resolution No. 15, Report No. TR91-002-012, be amended with respect to child supervisory services to read: $2.75 per 1 1/2 hrs. (first child), $1.75 (second child) and 3rd child free. CARRIED PL91-0ll-030 -Pro osed Modifications to OPA #48, Part 1, Plan 65R-1440, Part Lot 86, Concession 1, E.Y.S., Mannington Develo ments St. Johns Inc., OP-37-86 and Z-29-90 D14-29-90 #44. Moved by Councillor Jones Seconded by Councillor Timpson THAT Council adopt the following resolution: Whereas Council adopted Official Plan Amendment #48 in April of 1988 to permit an apartment complex; And whereas Council accepted modifications identified by the Ministry of Natural Resources in March of 1990; And whereas Council, in recognition of the current economic environment and housing demands granted approval in principle to an increase in the permitted density following the Public Planning meeting of November 29, 1990; -·~·. Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 7 - And whereas the Ministry of Transportation has granted approval in pri nci p 1 e for direct access from the 1 ands to Highway 11 (Yonge Street); THAT the Minister of Municipal Affairs be requested to impose the following modifications to OPA #48: 1. Page 3, Item (2), Subsection i) be modified to delete the word "condominium'' in the first line. 2. Page 3, Item (2), Subsection ii) be modified to delete the clause in its entirety and replace it with the following: "The maximum number of units permitted in the apartment complex shall be 143 units." 3. Page 3, Item (2), Subsection iii) be modified to delete the word "three" in the first line and replace it with "two". 4. Page 3, Item (2), Subsection x) be modified to delete the first sentence of the paragraph and replace it with the following: "All access to the site shall be subject to the approval of the Ministry of Transportation and the Town of Aurora. The required site p 1 an for the proposed development shall ensure that each apartment building is provided with ingress and egress from St. John's Side road, notwithstanding any future severance of the lands. In this regard, the site plan agreement shall require that easements over each property resulting from a severance be obtained to ensure the maintenance of an access route between the properties." 5. Page 4, Item (2), Subsection viii) be modified to add an additional section as follows: ''(a) The site plan required .•• on adjacent roads. (b) The site plan will be circulated to the Ministry of Natural Resources for their review and approval." 6. Page 5, Item (2), Subsection xiii) be modified to delete the first sentence and replace it with the following: "Prior to any development a storm water management study shall be undertaken to the satisfaction of the Town, the Ministry of Natural Resources and the Lake Simcoe Region Conservation Authority." CARRIED PW91-008-031 -Construction of Sidewalks on Wellington Street West #45. Moved by Councillor Jones Seconded by Councillor Weller THAT Council authorize and pass a resolution requesting the Region of York to include the design and construction of sidewalk in the contract for the reconstruction and widening of Wellington Street West in the Town of Aurora. Further, that all costs payable by the Town for said works shall be based on the actual contract value of the work plus a 15% allowance to cover design, inspection and administration with, funds being provided from Capital Account 384-1. CARRIED Councillor Timpson, having previously declared a possible Conflict of Interest in Report No. PW91-008-031, did not take part in the vote called for adoption of this resolution. ' Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 8 - CONSIDERATION OF CONSENT ITEMS REQUIRING SEPARATE DISCUSSION Association of Municipalities of Ontario re: Large Urban Section Tenth Annual Meeting, April 24th-26th, 1991, and Rural Section 1991 Annual Meeting, February 3rd-6th, Royal York Hotel, Toronto #46. Moved by Councillor Timpson Seconded by Councillor Pedersen THAT the indication of meetings on the Agenda be modified to include a meeting of the Rural Section; and THAT the correspondence be received, and those Members of Council wishing to attend be authorized to do so in accordance with the normal policy. CARRIED Labour Counci 1 of Metropo 1 i tan Toronto and York Region re: Request for Proclamation-"Day of Mourning", Sunday, April 28, 1991, and Lowering of Municipal Flags #47. Moved by Councillor Timpson Seconded by Councillor Stewart THAT the correspondence be received as information. CARRIED CONSIDERATION OF OTHER BUSINESS FOR WHICH NOTICE HAS BEEN GIVEN AT A PREVIOUS MEETING Councillor Stewart: Notice of Motion re: Delegation Procedure -Pending from Council Meeting of January 16, 1991 #48. DEFERRAL: #49. Moved by Councillor Stewart Seconded by Councillor Ochalski THAT Council determine matters arising from a delegation immediately after the delegation has made its presentation, rather than referring such matters to the Unfinished Business section of the Agenda. Upon the question of the adoption of the resolution, it was: Moved by Councillor Jones Seconded by Councillor Stewart THAT this recommendation be deferred to the Committee of the Whole Meeting on February 4, 1991; and THAT the Deputy Clerk prepare a report as to the procedural implications of the recommendation. CARRIED Councillor Ochalski: Notice of Motion re: Conservation Fact Sheet -Pending from Council Meeting of January 16, 1991 #50. Moved by Councillor Ochalski Seconded by Councillor Pedersen THAT Council approve the inclusion with all water bills of a fact sheet to educate the public as to the importance of conservation and the reduction and re-use of materials; and AMENDMENT: Upon the question of the adoption of the resolution, it was: #51. Moved by Councillor Weller Seconded by Councillor Pedersen THAT implementation of the recommendation be referred to budget discussions to determine the appropriate format and content of the inclusions. CARRIED The resolution CARRIED AS AMENDED. -, ~, .. _.- '· ···' Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 - 9 - RESOLUTIONS Release of Securities #52. Moved by Councillor Pedersen Seconded by Councillor Ochalski THAT, upon recommendation of the Director of Public Works, Director of Building Administration, the Fire Chief and the Director of Leisure Services,. the financial security held in connection with the following Site Plan Agreement may be released in its entirety. Developer Zaroukian Holdings Site Plan Agreement No. Dll-34-88 CARRIED Security Amount $ 2,750.00 UNFINISHED BUSINESS S.T.O.R.M. Coalition re: Regional Mall #53. BY-LAWS #54. Moved by Councillor Timpson Seconded by Councillor Jones THAT consideration of the recommendation be deferred to Council on February 13, 1991; and THAT Staff prepare a report on "expression" and a provincial property; and the distinction between provincial "declaration" of an interest in THAT Staff draft a recommendation whereby Council may request the province to make the appropriate declaration of interest in the Oak Ridges Moraine. CARRIED Moved by Councillor Weller Seconded by Councillor Jones THAT leave be given the Mover and Seconder to introduce the following by-law for Third Reading: 3255-91 Being a By-law to regulate the manner in which certain objects, which are sufficiently large for an individual to fit inside, shall be left unattended or unsecured, and to repeal By-law Number 1844-69. AND THAT the same be taken as read a Third Time. CARRIED NOTICE OF MOTION Councillor Mcintyre gave Notice of a Motion, whereas Aurora depends on the filtering of groundwater to replenish its acquifier, that the Town should encourage the paras i ty of structures bui 1t on 1 and and provide data as to preferred means of infiltration. QUESTIONS BY MEMBERS Councillor Mcintyre -Asked why there is a lack of consistency between upper and lower case letters on certain Town signs. Aurora Council Minutes No. 04-91 Wednesday, January 30, 1991 Councillor Mcintyre Mayor West ADJOURNMENT -10 - Mayor West responded that the Town is upgrading with a uniform rendering of Town signs. Mayor West asked the Director of Public Works to look into missing signs on Wells Street. -Asked the Director of Public Works whether Aurora had reduced the proportion of salt in its salt and sanding operations. -The Director of Pub 1 i c Works responded that effective January 31, 1991, the proportion of sand to salt had been increased to 6:1. -Asked the Director of Public Works to determine whether it was necessary to notify adjacent land owners as the the construction of sidewalks on Wellington Street West. #55. Moved by Councillor Pedersen THAT the meeting be adjourned at 9:10 p.m. CARRIED r:-west, Mayor