2006-05-23

COUNCIL MINUTES  Council Chamber, Civic Centre

 

COMMITTEE OF THE WHOLE (Canada Room)

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

 

REGRETS

Regional Councillor J. Heath, Councillor E. Shapero. (2)

 

 

Moved by Councillor K. Usman

Seconded by Councillor S. Daurio

 

That Council resolve itself into the Committee of the Whole to discuss the following:

(1)  Appointments to Extended Driveway Working Group (16.24)

(2)  Greenbelt Volkswagen Ltd., 7997 Kennedy Road & 31 Helen Avenue Official Plan & Zoning By-law Amendments & Site Plan Approval to Permit Expansion of the Greenbelt Volkswagen Dealership (Op 03 108961, Za 03 108969, Sc 03 108973) (10.3, 10.5, 10.6)

(3)  Monarch Corporation - Applications for Draft Plan of Subdivision Approval & By-Law Amendment - North Side of Elgin Mills, West Side of Woodbine Avenue  - Cathedral Community (10.5, 10.7)

(4)  Monarch Corporation - Applications for Draft Plan of Subdivision Approval & By-Law Amendment - North Side of Elgin Mills, West Side of Woodbine Avenue - Cathedral Community (Tri-party Agreement) (10.5, 10.7)

(5)  Licensing Hearing for "Yu Yu Spa" - 145 Royal Crest Court Unit No. 40, Markham (2.0)

(6)  Extended Driveways Public Meeting - June 19, 2006 (16.24 & 10.5)

(7)  Brett & Alexis Whalen-43 Albert Street - Minor Variance Appeal - Committee of Adjustment File No. A/21/06 - Legal File No. 06 0812 Lg 0149 (10.12)

(8)  General Committee - May 15, 2006 - Reesor Road Bridge Replacement Between 16th Avenue & Major Mackenzie Drive – Status Report & Property Acquisition (5.10)

(9)  Whitchurch-Stouffville – Request to Locate a Stormwater Management Pond Serving a Proposed Residential Subdivision, within the Markham Boundary (5.3)

 

CARRIED

 

 

 

The Regular Meeting of Council was held on May 23, 2006 at 7:00 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

COUNCIL (Council Chambers)

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

 

REGRETS

Regional Councillor J. Heath, Councillor E. Shapero. (2)

 

 

 

 

STAFF

 

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

K. Kitteringham, Deputy Clerk

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

B. Nanninga, Executive Assistant

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor F. Scarpitti

 

That Council rise from the Committee of the Whole and the Chairman report.

 

CARRIED

 

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

 

Council agreed to vote separately on Committee of the Whole Motion (9)

 

 

(1)        APPOINTMENTS TO EXTENDED DRIVEWAY WORKING GROUP (16.24)

 

That the following persons be appointed to the Extended Driveway Working Group:

 

- Costa Kollias - Nominated by Regional Councillor J. Heath

- Sharon Fortis - Nominated by Regional Councillor J. Jones

- Kevin Leung - Nominated by Councillor K. Usman

 

CARRIED

 

 

(2)        GREENBELT VOLKSWAGEN LTD., 7997 KENNEDY ROAD AND 31 HELEN AVENUE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS AND SITE PLAN APPROVAL            TO PERMIT EXPANSION OF THE GREENBELT VOLKSWAGEN DEALERSHIP  
(OP 03 108961, ZA 03 108969, SC 03 108973) (10.3, 10.5, 10.6)

            Report   1  2  3  4  5  A  B  C  UpdateMemo

 

That the memo from Development Services Commission regarding the wording of the zoning amendment that would limit zoning to one specific dealership, and conditions relating to preservation of the Heritage building in Phase III instead of Phase I, with provisions to deal with a commitment for preservation, easements, and location issues, be received;

 

CARRIED

 

(3)        MONARCH CORPORATION - APPLICATIONS FOR
            DRAFT PLAN OF SUBDIVISION APPROVAL AND BY-LAW AMENDMENT
             - NORTH SIDE OF ELGIN MILLS, WEST SIDE OF WOODBINE AVENUE
             - CATHEDRAL COMMUNITY (10.5, 10.7)

             Report  Maps  By-laws  App B   UpdateMemo 

 

That the memo from Development Services Commission providing an update on conditions of draft approval and the Region’s pre-condition requirement with respect to the Woodbine By-pass, be received;

 

That the draft plan of subdivision 19TM-05006, prepared by Bousfields Inc., dated February 21, 2006, to permit 204 single detached lots, 66 lane base townhouse units and 5.65 hectares of employment lands, north side of Elgin Mills, west side of Woodbine Avenue, be approved subject to the conditions of draft plan approval as set out in Appendix ‘A’ to the staff memo dated May 23, 2006, and the following redline revisions:

 

·        Woodbine Avenue (Existing) / Street B intersection, West leg: Provide 24.0m ROW for 45m in length. Remove 0.3m Reserve on both the north and south sides of the Street B within the 24m ROW.

 

·        Woodbine By-Pass / Street A intersection (West Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length.

 

·        Woodbine By-Pass / Street B intersection (East Leg): Provide 26.5m ROW for 30.0m in length, and provide taper transition from 26.5m ROW to 22m for 30m in length;

 

That the application submitted by Monarch Corporation to amend Zoning By-laws 177-76 and 304-87, as amended, be approved, and the draft by-laws attached as Appendix ‘B’ to the staff report dated May 16, 2006, be enacted;

 

That the Director of Planning and Urban Design be directed to issue draft approval, when the following requirements have been complied with:

 

(a)        That the Cathedral West Landowners Group enter into an agreement with York Region and the Town for the construction and completion of the Woodbine Avenue By-pass as outlined in Clause No. 10 in Report No. 6 of the Planning and Economic Development Committee Report titled "Woodbine Avenue By-pass Construction and Prepaid Development Charge Credit Agreement Principles" which was adopted by York Region Council at its meeting on June 23, 2005 and February 16, 2006 (revised), and reflecting Town of Markham requirements as outlined in a report to Markham's General Committee dated January 23, 2006.

 

(b)        The Owner shall enter into an agreement with the Town, applying specifically to Blocks 205 and 213 and lots 26 to 29, 88 to 91, 148, 149 and 204 of draft plan 19TM-05006, which agreement shall be registered on title, committing the Owner not to enter into any agreements of purchase and sale with anyone, including other developers or builders, for the subject blocks, until the following conditions have been met:

 

1.         The Town has completed a detailed design study for the Woodbine Avenue By-pass;

 

2.         The Landowner’s Group has prepared a survey plan of the proposed Woodbine Avenue By-pass right-of-way that reflects the recommendations of the detailed design study, to the satisfaction of the Town and the Region of York;

 

3.         The Owner has conveyed to York Region, free of all costs and encumbrances, any land required for the Woodbine Avenue By-pass within the boundaries of the draft plan 19TM-05006 as identified by the above survey; and,

 

4.         If required, the draft plan has been revised to reflect any changes to the Woodbine Avenue By-pass alignment and any associated changes to the configuration of the subject blocks and lots, resulting from the above survey.

 

That the applicant agree to pay their proportionate share of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

That Monarch Corporation be granted a servicing allocation of 270 units, such allocation to be from the total allocation for the Cathedral community, in accordance with the February 15 and November 22, 2005, reports on servicing allocation;

 

That the Town reserves the right to revoke or reallocate the servicing allocation for this development;

 

That the Region of York be advised of the servicing allocation for this development;

 

That the Mayor and Clerk be authorized to execute a parkland agreement between the Town and the Cathedral West Landowners Group, in a form satisfactory to the Town Solicitor and the Commissioner of Development Services with respect to compensating the Cathedral West Landowners Group for the over-dedication of 0.702 hectares of park space that will result from the conveyance of the 4.89 hectare environmentally significant woodlot (Block 220) located at the northwest corner of the draft plan area.  The basis for establishing the final value of the over-dedicated portion of the woodlot shall be based on a land appraisal, to the satisfaction of the Commissioner of Development Services. Payment to the West Cathedral Landowners for this over-dedication shall be from funds secured through previous cash-in-lieu of parkland contributions associated with subdivision approvals in the East Cathedral Community, specifically for the purpose of the acquiring the woodlot in the Monarch subdivision;

 

That the applicant provide the Town with the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357);

 

And further that the draft plan approval for plan of subdivision 19TM-05006 will lapse after a period of three years commencing May 16, 2006, in the event that a subdivision agreement is not executed within that period.

(By-laws 2006-132 to 2006-134)

 

CARRIED

 

 

(4)        MONARCH CORPORATION - APPLICATIONS FOR DRAFT
            PLAN OF SUBDIVISION APPROVAL AND BY-LAW AMENDMENT
             - NORTH SIDE OF ELGIN MILLS, WEST SIDE OF WOODBINE AVENUE
             - CATHEDRAL COMMUNITY (TRI-PARTY AGREEMENT) (10.5, 10.7)

             Report  Maps  By-laws  App B   UpdateMemo 

 

That Council consent to the Committee of the Whole Motion (3), contained in Council Minutes dated May 23, 2006, being revised by deleting the first pre-condition to the subdivision approval (i.e. Pre-condition (a) - Tri-party Agreement regarding Woodbine By-pass);

 

And that the requirement for a Tri-party Agreement be made a condition of draft approval rather than a pre-condition to draft approval.

 

CARRIED

 

 

(5)        LICENSING HEARING FOR "YU YU SPA"
            - 145 ROYAL CREST COURT UNIT NO. 40, MARKHAM (2.0)

 

That Ms. Hong Yan’s renewal application for a 2006 licence to own and operate a Complimentary Healthcare establishment known as “Yu Yu Spa”, at 145 Royal Crest Court, Unit 10, Markham, Ontario be denied because the conduct of the applicant affords reasonable grounds for belief that the business will not be carried out in accordance with the law and with integrity and honesty;

 

And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

CARRIED

 

 

(6)        EXTENDED DRIVEWAYS PUBLIC MEETING - JUNE 19, 2006 (16.24 & 10.5)

 

The Clerk was directed to select an alternative public meeting date and circulate it to Members of Council for feedback regarding their availability.

 

CARRIED

 

 

(7)        BRETT & ALEXIS WHALEN-43 ALBERT STREET
             - MINOR VARIANCE APPEAL - COMMITTEE OF ADJUSTMENT
            FILE NO. A/21/06 - LEGAL FILE NO. 06 0812 LG 0149 (10.12)

 

That the Town  take no position at the forthcoming Ontario Municipal Board hearing of the appeal by Brett and Alexis Whalen of the decision of the Markham Committee of Adjustment which refused their application for a minor variance for the property at 43 Albert Street.

 

CARRIED

 

 

(8)        GENERAL COMMITTEE - MAY 15, 2006 - REESOR ROAD BRIDGE REPLACEMENT BETWEEN 16TH AVENUE AND MAJOR MACKENZIE DRIVE – STATUS REPORT AND PROPERTY ACQUISITION (5.10)

 

That the report entitled “Reesor Road Bridge Replacement - Between 16^th Avenue and Major Mackenzie Drive - Status Report and Property Acquisition” be received;

 

That the Mayor and Clerk be authorized to enter into agreements in a form satisfactory to the CAO and the Town Solicitor with the affected property owner to acquire the property required to implement the construction of the Reesor Road Bridge Replacement project;

 

And that all costs related to this property acquisition, including the land required and any legal services be funded from the Asset Management Department’s 2006 Capital Budget, Account No. 058 6150-7035-005 Bridges & Culverts Improvement Program.

 

CARRIED

 

 

(9)        WHITCHURCH-STOUFFVILLE – REQUEST TO LOCATE A STORMWATER MANAGEMENT POND SERVING A PROPOSED RESIDENTIAL SUBDIVISION, WITHIN THE MARKHAM BOUNDARY (5.3)

 

WHEREAS at its March 21, 2006 and April 11, 2006 meetings Council endorsed in principle the proposal by Whitchurch-Stouffville to locate a Stormwater Management Facility in Markham (Lot 31, Concession 9);

 

AND WHEREAS such endorsement was subject to conditions;

 

AND WHEREAS the Town of Whitchurch-Stouffville was requested to respond to the Markham conditions;

 

AND WHEREAS the Town of Whitchurch-Stouffville at its May 2, 2006 meeting passed a resolution agreeing to the March 21, 2006 conditions;

 

Be it resolved that the Mayor and Clerk be authorized to execute an agreement with the Town of Whitchurch-Stouffville and Lebovic Enterprises Inc. for the construction of a Stormwater Management Facilities within the Town of Markham (Lot 31, Concession 9) in draft plan of subdivision 19(W)-98006;

 

AND THAT such agreement incorporate the following conditions to the satisfaction of the CAO and Town Solicitor:

 

            ●    A $500,000 donation by Lebovic to the Town of Markham Environmental Land Acquisition Fund

            ●    The remainder of the lot south of the stormwater management pond be conveyed directly to the Town of Markham by the Developer at no cost.

            ●    Indemnification of the Town of Markham of liability for the stormwater management pond

            ●    The Developer transfer ownership of the seven (7) hectare woodlot to the Region of York for the forest system or the Town of Whitchurch-Stouffville;

 

AND THAT the applicant and Whitchurch-Stouffville are obliged to ensure that the installation complies with all requirements including the Greenbelt Plan, the Oak Ridges Moraine plan, OP #117, Federal Airport Zoning requirements relative to land use and potential bird hazards, Town of Markham Zoning By-law 304-87, and Oak Ridges Moraine Zoning By-law 2003-311, a by-law to amend 304-87 to rezone those lands within the Town subject to the provisions of the Oak Ridges Moraine Conservation Plan and Town of Markham Oak Ridges Moraine Secondary Plan 43-1;

 

AND THAT the Clerk for the Town of Whitchurch-Stouffville be advised accordingly.

 

CARRIED (6:5)

(See following record votes)

 

YEAS:             Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (6)

 

NAYS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Councillor J. Virgilio, Councillor D. Horchik, Councillor K. Usman. (5)

 

ABSENT:        Regional Councillor J. Heath, Councillor E. Shapero. (2)

 

 

            Moved by Regional Councillor J. Jones

            Seconded by Regional Councillor B. O'Donnell

 

            That Committee of the Whole Motion (9) be amended to delete the condition concerning a $500,000 donation by Lebovic to the Town of Markham Environmental Land Acquisition Fund.

 

LOST (4:7)

(See following recorded vote)

 

YEAS:             Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor J. Webster, Councillor A. Chiu. (4)

 

NAYS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman. (7)

 

ABSENT:        Regional Councillor J. Heath, Councillor E. Shapero. (2)

 

 

 

Moved by Regional Councillor J. Jones

Seconded by Deputy Mayor F. Scarpitti

 

That the Report of the Committee of the Whole be adopted, approved and confirmed.

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES - MAY 9, 2006

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on May 9, 2006, be adopted.

 

CARRIED

 

 

 

4.         DELEGATIONS

 

(1)        Sam Orrico - In objection to the proposed election sign by-law amendment. (14.0 & 2.16) (Report No. 20, Clause 10)

 

 

 

5(a)      REPORT NO. 20 - GENERAL COMMITTEE

 

Council consented to separate Clause (10).

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Report No 20 - General Committee be received and adopted.

 

May 15, 2006

 

(1)        WARD 1 (SOUTH) THORNHILL RESIDENTS, BAYVIEW GLEN
            RESIDENTS ASSOCIATION, AND FLOOD COMMITTEE
            OF BRIGHTBAY-COURTHAM HOMEOWNERS RE
            AUGUST 19, 2005 STORM AND RESIDENTIAL DAMAGE (3.0 & 5.7)

            Presentation   Comments

 

That the presentation by Ms. Toinette Bezant on behalf of the Ward 1 (south) Thornhill residents, Bayview Glen Residents Association, and Flood Committee of Brightbay-Courtham Homeowners be received and referred to staff;

 

And that Markham staff, the community groups and the consultant retained on behalf of the residents affected by the August 19, 2005 storm meet with interested Councillors as quickly as possible, to review the preliminary findings of the Town’s consultant, and to review documented questions and concerns;

 

And that June 12, 2006 be reserved as a preliminary date for a public information meeting in regards to the August 19, 2005 flood.

 

CARRIED

 

 

(2)        TASTE OF ASIA FESTIVAL – REQUEST FOR FUNDING
            MS. EMILY NG (7.6 & 12.2.6)

            Attachment

 

That the Taste of Asia Festival be granted $12,500, as budgeted, to support the 2006 Taste of Asia Festival.

 

CARRIED

 

 

(3)        KEEPING OF PROHIBITED ANIMALS (2.8)

            Report

 

That By-law 2005-254 “Animal Control By-law” be amended to include regulations and an approval process to allow for the keeping of exempted prohibited animals through an annual licence;

 

And that By-law 2002-276 “Fee By-law” be amended to include an annual $200.00 licencing fee for the keeping of prohibited animals to offset costs in administering the licence type

 

And that a request received from Ms. Christine McGeean to licence the keeping of a prohibited animal, one hawk, at 6 Erlane Avenue in Markham be approved, subject to:

 

• Amendment of the by-law to include a keeping of a prohibited animal licence category;
• Submission of an application and application fee;
• Agreement to licence conditions that include:
• Compliance with Ministry regulations
• The proposed Mews comply with Zoning and all other regulations
• No free flying of the bird from the property occur

 

And that a request from Ms. Helen Tam to licence the keeping of prohibited animals, two Sugar Gliders, at 24 Randall Avenue not be approved.

(By-laws 2006-121 and 2006-122)

 

CARRIED

 

 

(4)        CANCELLATION, REDUCTION OR REFUND OF
            TAXES UNDER SECTIONS 357 AND 358 OF THE
            MUNICIPAL ACT, 2001 (7.3)

            Report

 

That Residential taxes totalling $47,491.99 be adjusted under Section 357 (in the amount of $24,897.34) and Section 358 (in the amount of $22,594.65) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $11,398.08;

 

And that the associated interest be cancelled in proportion to the tax adjustments;

 

And that the Treasurer be directed to adjust the Collector’s Roll.

 

CARRIED

 

 

(5)        2006 TAX RATES AND LEVY BY-LAW (7.3)

            Report

 

That a by-law to provide for the levy and collection of property taxes totalling $425,561,433 required by the Town of Markham, Regional Municipality of York, Boards of Education in a form substantially similar to the attached Appendix and satisfactory to the Town Solicitor and to provide for the mailing of notices requesting payment of taxes for the year 2006, as set out as follows, be approved:

 

Town of Markham                    $  90,023,794

Region of York             $170,322,847

School Boards:             $164,878,847

Old Markham BIA:                  $       176,012

Unionville BIA              $       159,933

Total:                                        $425,561.433

(By-law 2006-123)

 

CARRIED

 

 

(6)        WARD BUILDING RECONSTRUCTION PROJECT
            HIRING THE ARCHITECT (6.7 & 7.9)

            Report

 

That Council approve issuing a Request for Proposal (RFP) to hire an architect to design and administer the construction of Phase 1 of the Ward Building reconstruction including undertaking a community consultation process, completing a federal environmental assessment and conducting a site drainage review;

 

And that Council approve including a provision for the architect to develop a schematic design for a possible future Phase 2 of the Ward Building reconstruction within the RFP;

 

And that Council approve establishing a Technical Advisory Committee as described in this report to oversee the design of the Ward Building.

 

CARRIED

 

 

(7)        JENNINGS GATE MUNICIPAL WATER SYSTEM
            FEES BY-LAW (5.5 & 5.3)

            Report

 

That the report entitled “Jennings Gate Municipal Water System – Fees By-law” be received;

 

And that Council enact a Fees By-law pursuant to Section 391 of the Municipal Act 2001;

 

And that the Finance Department be authorized to collect the total project costs for the Jennings Gate Municipal Water System from the property owners of Jennings Gate Estates (as set out in the Fees By-law) in the amount of $17,168 per lot;

 

And that the costs per lot be paid as either an interest free lump sum payment or over 10 years accruing interest at the current Region of York 10 Year Debenture Rate, 4.7% calculated annually in advance;

 

And that any unpaid amounts be added to the tax account of each property owner.

(By-law 2006-146)

 

CARRIED

 

 

(8)        IMPLEMENTATION OF AEROBIC LANDFILL
            AT SETTLER’S PARK LANDFILL SITE (5.7)

            Report   Presentation

 

That the report entitled “Implementation of Aerobic Landfill at Settler’s Park Landfill Site” be received;

 

And that Beatty & Associates be retained to carry out the final design, preparation of tender document, site supervision and contract administration for the Installation of Aerobic Landfill and Leachate Recirculation System at the Settler’s Park Landfill site at an upset limit of $108,000 (excluding GST);

 

And that the tendering process for retaining consultant services be waived in accordance with Purchasing By-Law 2004-341, Part II Section 7(h) “where it is necessary or in the best interests of the Town to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the Town in terms of pricing, quality and service”;

 

And that the cost for the project be funded from the 2006 Capital Budget, Account No. 058-5399-7028-005;

 

And further that a Public Information meeting be held in July/August 2006 to advise the local residents of the undertaking.

 

CARRIED

 

 

(9)        AMENDMENT TO FEE BY-LAW TO REFLECT AN
            ADMINISTRATION FEE FOR STREET LIGHTING
            RECOVERIES FOR ENERGY AND MAINTENANCE FROM
            DEVELOPERS OF SUBDIVISIONS NOT YET ACCEPTED FOR
            MAINTENANCE BY THE TOWN (10.0 & 5.19)

            Report   Attachment

 

That Fee By-law 2002-276 be amended to reflect an Administration Fee of 10% to be added to the Costs for Recoveries for Street Lighting Energy and Maintenance from Developers of subdivisions not yet Accepted for Maintenance by the Town;

 

And that the additional revenue of $30,000 be credited against the Town’s Revenue Strategy target;

 

And that public notice be provided in accordance with the Notice By-law 2002-275.

(By-law 2006-124)

 

CARRIED

 

 

(10)      ELECTION SIGN AMENDMENT (14.0 & 2.16)

            Report

 

That the proposed by-law be enacted to amend By-law 2002-94 “Sign By-law” to provide appropriate revisions to effect the changes outlined in Schedule A – Identified Issues & Amendment Solution Table be amended as follows and as amended, it be enacted:

 

 -          Election sign removal period be extended to seven (7) days following Election Day;

 

 -          Election signage be permitted in back lots as long as they are independently attached to the ground;

 

 -          The definition of “campaign headquarters” specify a “building”;

 

And that the matter relating to the use of vehicles as signs be referred to staff to acquire a legal opinion and report back with recommendations.

(By-law 2006-125)

 

DEFERRED

(See following motion to defer)

 

            Moved by Councillor K. Usman

            Seconded by Councillor J. Virgilio

 

            That Clause 10 be amended to be deferred in order to have staff return to the June 12, 2006 General Committee meeting with actual mock-ups of the proposed election signs to illustrate permitted sign dimensions.

 

CARRIED

 

 

(11)      TAXI BY-LAW (2.23)

            Report   Appendix A

 

That By-law 2002-308, “A by-law for licensing, regulating and governing owners and drivers of taxicabs and taxicab brokers” be amended to:

 

• Increase tariff rates as outlined in Appendix A
• Require a taxi owner to change the particulars of his vehicle when discontinuing the services of a Taxi Broker
• Authorize the extension of a licence, by the Licensing Officer, pending a hearing before the Licensing Committee and a decision by Council.

(By-law 2006-126)

 

CARRIED

 

 

(12)      CONVEYANCING REQUIRED TO RE-ALIGN CASTAN AVENUE (8.5)

            Report   Figure 1  2  3

 

That a by-law be enacted to stop up and close that portion of Castan Avenue legally described as Part of Lots 1, 2, 141, 144, 169 and 170, Plan 65M-3178, designated as Parts 1, 3, 6, 8, 10 and 11, Plan 65R-19804 and all of Lots 142 and 143, Plan 65M-3178;

 

And that the temporary diversion of Castan Avenue being lands legally described as Lots 1, 2, 141, 142, 143, 144, 169 and 170, Plan 65M-3178 be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of May 23, 2006;

 

And that a by-law be enacted at Council on June 13, 2006, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of the conveyancing required to re-align Castan Avenue to its original location, in a form satisfactory to the Town Solicitor.

 

CARRIED

 

 

(13)      CROSSING AGREEMENT WITH GO TRANSIT
IN THE GREENSBOROUGH COMMUNITY (5.0, 5.14)

            Report   Attachment A  B  C  D  E

 

That the report entitled “Crossing Agreement with GO Transit in the Greensborough Community” be received;

 

And that the three GO Transit standard crossing agreements as modified by the Town in consultation with GO Transit, to allow for the construction of Castlemore Avenue across the GO Transit right-of-way in the Greensborough Community, be executed by the Mayor and Clerk as authorized on December 10, 2002, by Council;

 

And that GO Transit be requested to expedite the execution of these crossing agreements for the construction of Castlemore Avenue to be completed by the Greensborough Developers’ Group;

 

And that timing of completion of construction of the extension of Castlemore Avenue from east of Highway 48 to east of the GO Transit tracks be extended from December 31, 2005, to December 31, 2006.

 

CARRIED

 

 

(14)      MAIN STREET TRUCK PROHIBITION (5.12)

            Report   Attachment A  B  C

 

That the report entitled “Main Street Markham Truck Prohibition”, dated May 15, 2006, be received;

 

And that a by-law be passed to prohibit trucks on Main Street Markham from Princess Street to 16^th Avenue, effective June 1, 2006;

 

And that York Regional Police be requested to prioritize truck prohibition enforcement on Main Street Markham by conducting a week long targeted enforcement plan upon installation of the truck prohibition signs in early June followed by regular enforcement thereafter;

 

And that the $1,081,910 received from the Province of Ontario for the cancellation of the Main Street Markham (Highway 48) connecting link agreement be transferred to the Lifecycle Replacement and Capital Reserve;

 

And that the Engineering Department 2006 Capital Budget be amended to include an allowance of $25,000 for installation of regulatory and advisory signs on adjacent roads under the jurisdiction of the Town, MTO, Region of York and Highway 407ETR, to be funded from the Lifecycle Replacement and Capital Reserve;

 

And that the tendering process to retain a sign installation contractor be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7(1);

 

And that staff monitor the truck volumes and enforcement levels and report back to Council on the results.

(By-law 2006-127)

 

CARRIED

 

 

 

5(b)      REPORT NO. 21 - DEVELOPMENT SERVICES COMMITTEE

 

Moved by Councillor K. Usman

Seconded by Councillor J. Webster

 

That Report No. 21 - Development Services Committee be received and adopted.

 

May 16, 2006

 

(1)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, ABRAHAM STRICKLER HOUSE
            6297 MAJOR MACKENZIE DRIVE EAST
            TEMARA DEVELOPMENTS INC. (16.11.3)

            Report  1  2  3  Appendices 

 

That as recommended by Heritage Markham, the Abraham Strickler House –6297 Major Mackenzie Dr. E. be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

 

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

 

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

 

CARRIED

 

 

(2)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, BUTTONVILLE CEMETERY
            9171 WOODBINE AVENUE, TOWN OF MARKHAM (16.11.3)

            Report  1  2  A 

 

That as recommended by Heritage Markham, the Buttonville Cemetery – 9171 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

 

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

 

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

 

CARRIED

 

 

(3)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, JAMES BLISS HOUSE
            9231 WOODBINE AVENUE, M K LI HOLDINGS (16.11.3)

            Report  1  2  A 

 

That as recommended by Heritage Markham, the James Bliss House – 9231 Woodbine Avenue be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

 

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and

 

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

 

CARRIED

 

 

(4)        DESIGNATION UNDER PART IV OF THE ONTARIO
            HERITAGE ACT, 7046 11TH LINE
            ZION CEDAR GROVE UNITED CHURCH (16.11.3)

            Report  1  2  3  Appendices 

 

That as recommended by Heritage Markham, the Zion Cedar Grove United Church – 7046 11^th Line be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

 

And that the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

 

And that if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption;

 

And that if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

 

CARRIED

 

 

(5)        RULAND PROPERTIES INC. (THE REMINGTON GROUP)
            MARKHAM CENTRE, SOUTH SIDE OF ENTERPRISE BLVD.
            SITE PLAN CONTROL APPROVAL FOR OFFICE BUILDING,
            HONEYWELL CANADA (SC 06 108800) (10.6)

Report   Maps 

 

That the report dated May 16, 2006, entitled “Recommendation Report, Application for Site Plan Control Approval – Ruland Properties Inc. (The Remington Group) Proposed Office Building – Honeywell Canada, Markham Centre, south side of Enterprise Boulevard ” be received;

 

And that the application for site plan control approval by Ruland Properties for a 5-storey, 14,320 square metre (155,000 square feet) office building to house Honeywell Canada’s corporate offices be endorsed in principle, subject to the conditions attached as Appendix A;

 

And that site plan approval be delegated to the Director of Planning and Urban Design or her designate, to be issued following execution of a site plan agreement.  Site Plan approval is issued only when the Director has signed the site plan;

 

And that Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands and that the H removal by-law be enacted in advance of a site plan and a subdivision agreement being executed, subject to the Owner providing an undertaking to the Town, prior to lifting the H, committing to execute a Subdivision Agreement and Site Plan Agreement to the satisfaction of the Commissioner of Development Services and the Town Solicitor.

 

CARRIED

 

 

(6)        EASTERN CREATIVE GROUP LTD.
            83 OLD KENNEDY ROAD, PLAN OF SUBDIVISION AND
            REZONING TO PERMIT A TOWNHOUSE AND MIXED-USE
            DEVELOPMENT  (SU 04 011021 (19TM-04003) ZA 03 107781) (10.5, 10.7)

            Report  1  2  3  4  5  A  B  By-Law 

 

That draft plan of subdivision 19TM-04003 (SU.04-011021) located at 83 Old Kennedy Road, proposed by Eastern Creative Group Ltd, be draft approved subject to the conditions outlined in Appendix ‘A’;

 

And that the subject lands be deleted from the implementing zoning by-law for the Milliken Main Street Secondary Plan (By-law 2005-250);

 

And that the zoning application (ZA.03-107781) to amend By-law 177-96 as amended, and By-law 47-85, as amended, submitted by Eastern Creative Group Ltd, to implement draft plan of subdivision 19TM-04003 (SU.04-011021) located at 83 Old Kennedy Road, be approved and the draft Zoning By-laws be finalized and enacted; 

 

And that servicing allocation for the 26 units in the draft plan of subdivision be granted as discussed in the November 22, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design;

 

And that the applicant agrees to pay their proportionate share of the cost of the Hwy. 48 flow control measures, to the satisfaction of the Director of Engineering;

 

And that the Region of York be advised of the servicing allocation for this development;

 

And that the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner;

 

And that the applicant provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2005-357).

 

CARRIED

 

 

(7)        CORNELL PARKLAND DEDICATION AGREEMENT(10.0)

            Report  1  2  3  A 

 

That the staff report of May 16, 2006 entitled “Cornell Parkland Dedication Agreement” be received;

 

And that the Mayor and Clerk be authorized to execute an agreement with the Cornell Developers Group (Appendix ‘A’) in a form satisfactory to the Town Solicitor and the Commissioner of Development Services, for the dedication of parkland within the Cornell Secondary Plan area.

 

CARRIED

 

 

(8)        UNIONVILLE VILLAGE INVESTMENTS INC.
            139 MAIN STREET, UNIONVILLE
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
            OP 05 016826, ZA 05 016845 (10.3, 10.5)

            Report  1  2  3   Appendices 

 

That the Official Plan Amendment application (OP 05 016826) and Zoning By-law Amendment application (ZA 05 016845) submitted by Unionville Village Investments Inc. to permit additional restaurant floor space within the Planing Mill Shopping Complex at 139 Main Street, Unionville, be denied.

 

CARRIED

 

 

(9)        E. MANSON INVESTMENTS ET. AL.
            540 BUR OAK AVENUE, ZONING BY-LAW
            AMENDMENT AND SITE PLAN APPLICATIONS FOR
            TWO 6 STOREY RESIDENTIAL BUILDINGS
            (ZA 05 021949, SC 05 021950) (10.5, 10.6)

            Report  1  2  3  4  5  Appendices 

 

That the Zoning By-law Amendment application (ZA.05-021949) to amend By-law 177-96, as amended, submitted by E. Manson Investments et. al. to permit two, 6 storey apartment buildings on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be approved  and the draft Zoning By-law Amendment be finalized and enacted;

 

And that the site plan application (SC.05-021950) submitted by E. Manson Investments et. al. to permit a Phase 1, 6 storey apartment building (73 units) on the north side of Bur Oak Avenue, west of McCowan Road, municipally known as 540 Bur Oak Avenue, be endorsed in principle, subject to the conditions attached in Appendix ‘B’, including servicing allocation for 73 units.

(By-law 2006-128)

 

CARRIED

 

 

(10)      JM HOSPITALITY & HDBB INVESTMENTS INC.
            8221 WOODBINE AVENUE (50 BODRINGTON COURT)
            ZONING BY-LAW AMENDMENT AND SITE PLAN
            APPROVAL TO PERMIT A PHASED HOTEL DEVELOPMENT
            (ZA 05 013331, SC 05 015041) (10.5, 10.6)

            Report  1  2  3  4  5  6  7  A  B 

 

That the deputation by Herman Grad, representing Hilton Suites Hotel, with concerns regarding the proposal by JM Hospitality and HDBB Investments Inc., be received;

 

That the report dated May 16, 2006 entitled ‘Recommendation Report, JM Hospitality & HDBB Investments Inc.  Applications for Zoning By-law amendment and Site Plan Approval to permit a phased hotel development at 8221 Woodbine Avenue (50 Bodrington Court)’ be received;

 

And that the Zoning application (ZA 05 013331) submitted by JM Hospitality & HDBB Investments Inc. to permit a phased hotel development be approved;

 

And that prior to the zoning by-law being brought forward to Council for enactment, the Owner submit a certificate, from a qualified land surveyor, confirming that the proposed development (all phases) complies with the Buttonville Airport Zoning Regulation; that the peer review process for the Environmental Assessment of the property is complete and that arrangements are made for site to be adequately remediated for the proposed development; and that Ministry of Municipal Affairs and Housing approval is obtained for the use of the portion of the subject property that is located within the Parkway Belt West Plan;

 

And that the site plan application (SC 05 015041) for Phase 1, be endorsed in principle, subject to the conditions attached as Appendix ‘A’;

 

And that site plan approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a site plan agreement.  Site plan approval is issued only when the Director has signed the site plan.

 

CARRIED

 

 

(11)      MARKHAM’S SAFE STREETS STRATEGY
2005 RESULTS AND 2006/2007 PLAN (5.10)

            Report

 

That the report entitled “Markham’s Safe Streets Strategy – 2005 Results and 2006/2007 Plan” be received;

 

And that the Engineering Department be authorized to undertake Municipal Class Environmental Assessment Studies in 2006 for the proposed 2007 traffic calming projects and that staff report back upon completion of the EA studies;

 

And that Council endorse the 2006/2007 Top 25 List of Enforcement Streets as listed in Attachment C;

 

And that Council endorse the 2006/2007 Top 5 List of Education Streets as listed in Attachment D;

 

And that implementation of the Safe Streets Strategy, including traffic calming in 2007 be subject to the approval of funding allocation in the 2007 Capital Budget;

 

And that staff review speed limits on 4 lane major collector roads and report back to the Traffic Safety Committee and Council;

 

And that the Traffic Safety Committee be requested to review Highglen Avenue for additional enforcement measures;

 

And that appreciation be expressed to Councillor Daurio, the Traffic Safety Committee, York regional Police, and Town staff for their hard work and achievements.

 

CARRIED

 

 

(12)      REGION OF YORK
2006-2007 AND 10 YEAR CAPITAL BUDGET (5.0)

            Report   Attachment A  B  C

 

That the report entitled “Region of York 2006/2007 and 10 Year Capital Budget”, dated May 15, 2006, be received;

 

And that the Region of York be requested to incorporate the following revisions to their 2007 and 10 Year Capital Budget;

 

• Advance Stage 3 of the Woodbine By-pass from 2011/2012 to 2008/2009;
• Provide financing for a traffic/financial model of the Highway 407 ramps at Ninth Line and the Markham By-Pass in 2006/2007;
• Defer 14^th Avenue and Birchmount intersection improvements and include as part of Town’s Birchmount Road construction from 14^th Avenue to Enterprise Drive in 2007/2008;
• Confirm future funding and timing of the Highway 404 employment lands grade separations to provide for mid block flyovers;

 

And that the Region of York be requested to report back as to the needs and justification of the widening of 16^th Avenue from Woodbine Avenue to McCowan Road;

 

And that the Region of York be requested to resolve with the City of Toronto and Region of Durham the cost sharing and timing for Steeles Avenue improvements (Highway 48 to Town Line), on a priority basis;

 

And that the new criteria established by the Region of York for prioritizing road infrastructure as part of their 2007 budget process be subject to further review and comment by local municipalities, in the context of the impact on the scheduled delivery of road infrastructure in the affected municipalities;

 

And that the Clerk and Bruce MacGregor, Commissioner, Transportation and Works Department for the Regional Municipality of York, be advised accordingly.

 

CARRIED

 

 

(13)      IBM CANADA LTD., 8200 WARDEN AVENUE
            EXTENSION OF TEMPORARY USE BY-LAW TO PERMIT
            A TEMPORARY PARKING LOT (ZA 06 110406) (10.5)

            Report   1  2  3  4 

 

That the record of the Public Meeting held on May 16, 2006, with respect to the zoning application (ZA 06 110406) by IBM Canada Limited to extend the Temporary Use By-law permitting the temporary surface parking lot at 8200 Warden Avenue for an additional three years, be received;

 

And that the proposed amendments to By-law 304-87, as amended, be approved;

 

And that the proposed amendments to By-law 304-87, as amended, be enacted without further notice.

(By-law 2006-129)

 

CARRIED

 

 

(14)      LITTLE’S MEADOW LAWN FAIRWAY
            EAST OF NINTH LINE, NORTH OF STEELES AVENUE
            ZONING BY-LAW AMENDMENT FOR GOLF DRIVING RANGE
            (ZA 06 108306) (10.5)

            Report   1  2  3  4 

 

That the record of the Public Meeting held on May 16, 2006, with respect “Little’s Meadow Lawn Fairway, application for Zoning By-law amendment to permit a golf driving range as a temporary use on lands located east of Ninth Line, north of Steeles Avenue”, be received;

 

And that the application to amend Zoning By-law 304-87, as amended, be enacted after the applicant has entered into a site plan agreement with the Town.

 

CARRIED

 

 

(15)      THANH CHU (CHU’S MARTIAL ARTS WORLD)
            55 GLEN CAMERON ROAD
             ZONING BY-LAW AMENDMENT TO PERMIT A
            COMMERCIAL SCHOOL (ZA 05 024111) (10.5)

            Report   1  2  3   4 

 

That the report from the Development Services Commission dated February 7, 2006 entitled “Application for Zoning By-law Amendment to Permit a Commercial School at 55 Glen Cameron Road” be received;

 

And that the record of the Public Meeting held on May 16, 2006, with respect to the proposed amendment to By-law 2237, as amended, be received;

 

And that the application by Thanh Chu to amend By-law 2237, as amended, be approved;

 

And that the proposed amendment to By-law 2237, as amended, be enacted without further notice, once the above grade parking lot has been marked to delineate the parking spaces.

 

CARRIED

 

 

 

6.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

54-2006           Avril Casper - Forwarding support for a Town of Markham Pesticide By-law. (5.7)

                          Info 

 

55-2006           John Cabrelli, Co-Chairman, Unionville Village Festival - Requesting approval from the Town of Markham for the issuance of a Special Occasion Liquor Permit to be utilized in conjunction with the Unionville Village Community Festival for the following dates:
 - June 2, 2006 from 8:00 p.m. to 1:00 a.m. at Crosby Arena
 - June 3, 2006 from 12:00 noon to 10:00 p.m. at Toogood Pond Park. (3.21)

                          Info 

 

56-2006           Sumar Clarke, Canadian Motocycle & Extreme Sports Festival 2006 - Requesting approval from the Town of Markham to designate the Canadian Motorcycle & Extreme Sports Festival being held at the Markham Fairgrounds on June 16 (12:00 p.m. to 8:00 p.m.), June 17 (12:00 p.m. to 8:00 p.m.) and June 18 (12:00 p.m. to 4:00 p.m.), 2006 as an event of "Municipal Significance" for purposes of applying a Special Occasion Liquor Permit. (3.21)

                          Info 

 

57-2006           Paula Roberts, Unionville Village Festival - Requesting to close the following roads to facilitate the Unionville Village Festival in 2006 during the dates and times noted:

SATURDAY, JUNE 3, 2006
-  Main Street, Unionville north from Highway 7 to south of Bridle Trail (7:00 a.m. – 12:00 noon)
-  Main Street, Unionville south from Highway 7 to Unionville Gate (7:00 a.m. – 11:00 a.m.)
-  Unionville Gate west from Kennedy Road to Main Street South (signage only) (7:00 a.m. – 11:00 a.m.)
-  Highway 7 east from Warden Avenue to west of Kennedy By-Pass (9:30 a.m. – 11:30 a.m.)
-  No access from Main Street Unionville east onto (7:00 a.m. – 12:00 noon)
a.  Unionville Gate
b.  Unionville Gate Medical Centre Parking Lot
c.  Rouge Avenue
d.  Richard Maynard Crescent
e.  Library Lane
f.  Hastings Drive
g.  Bridle Trail
- No access from Main Street Unionville west onto (7:00 a.m. – 12:00 noon)
a.  South Drive
b.  East Drive
c.  Toogood Pond Park

SATURDAY, JUNE 3, 2006 (7:00 a.m. – 7:30 p.m.)
- Main Street Unionville north from Highway 7 to south of Library Lane
- Fred Varley Drive west from Main Street to east of Fonthill Boulevard
- Fred Varley Drive at  EJ Lennox Way will have limited access for residents
- Carlton Road west of Wembley Avenue to east of Main Street before Concession Road
- No access from Main Street Unionville east onto
a.  Eckardt Avenue
b.  Maple Lane
c.  Victoria Avenue
d.  Carlton Road

- No access from Main Street Unionville west onto
a.  Pavilion Street
b.  Euclid Street
c.  Station Lane
d.  Fred Varley Drive
e.  Main Street Lane
f.  Carlton Road

SUNDAY, JUNE 4, 2006 (8:00 a.m. - 6:00 p.m.)
- Main Street Unionville north from Concession Road to south of Carlton Road
- No access from Main Street Unionville east onto
a.  Carlton Road
No access from Main Street Unionville west onto
a.  Fred Varley Drive
b.  Carlton Road

SUNDAY, JUNE 4, 2006 (7:00 a.m. – 10:00 a.m.)
- Carlton Road West from Main Street to Village Parkway
- Village Parkway south from Carlton Road to Krieghoff
- Krieghoff east to Callahan from Village Parkway
- Callahan north from Krieghoff to Gainsville
- Gainsville west from Callahan Road to Jeremy Drive
- Jeremy north to Fred Varley
- Fred Varley north to Carlton (By-law 2006-135) (3.5)

                          info 

 

58-2006           Greg McCormick, Chairman, Unionville BIA - Requesting to close the following streets to facilitate the three events, as noted below, being held at Main Street Unionville during the dates and times as follows:

Roads to be closed
-  Main Street Unionville diagonally at Main Street Unionville Lane - also known as Concession Road
-  Main Street Unionville north to Carlton Road
-  Fred Varley Drive just east of EJ Lennox Way

Events, Dates and Times
-  Unionville Celtic Festival on July 9, 2006 from 8:00 a.m. to 6:00 p.m.
-  Markham Jazz Festival on August 19, 2006 from 6:00 p.m. to 12:00 midnight
-  Unionville Heritage and Big Band Festival on September 23, 2006 from 6:00 a.m. to 6:00 p.m. (By-law 2006-136) (3.5)

                          Info 

 

 

Referred to Town Solicitor

59-2006           Ontario Municipal Board - Confirming that the appeal submitted by Loblaw Properties Limited regarding Development Charges By-law 2004-222 has been withdrawn.  The appeal by 1092814 Ontario Limited is outstanding and on this basis, the Board's case and file will remain open. (13.13 & 7.11)

                          Letter

 

60-2006           Ontario Municipal Board - Forwarding an Order for the settlement of an appeal submitted by Cathedral Community Landowners and Loblaws Properties Limited regarding Development Charges By-law 2004-247. (13.13 & 7.11)

                           Letter 

 

CARRIED

 

 

 

7.         PROCLAMATION

 

(1)        PROCLAMATIONS (3.4)

              Letter

 

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

 

That the following be proclaimed in the Town of Markham:

- Markham Fair Week - Week of September 25, 2006

- National Access Awareness Week (NAAW) - May 28 to June 3, 2006

 

CARRIED

 

 

 

8.         OTHER BUSINESS

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Jones

 

That Other Business (1) be received and adopted.

 

(1)        CONVEYANCING REQUIRED TO RE-ALIGN
            CASTAN AVENUE (8.5)

            Report   Figure 1  2  3 

 

NOTICES OF PROPOSED SALE

TOWN OF MARKHAM

PROPOSED SALE OF SURPLUS REAL PROPERTY

(Pursuant to By-law 178-96)

 

That the notice of proposed sale for the Town owned lands legally described as Lots 1, 2, 141, 142, 143, 144, 169 and 170, Plan 65M-3178, be confirmed.

(Clause 12, Report No. 20, 2006)

 

CARRIED

 

 

 

9.         BY-LAWS

 

Council consented to add By-laws 2006-145 and 2006-146 and to withdrawn By-law 2006-125.

 

Moved by Councillor K. Usman

Seconded by Councillor D. Horchik

 

That By-laws 2006-121 to 2006-124 and 2006-126 to 2006-146 be given three readings and enacted;

 

And that By-law 2006-125 be withdrawn.

 

Three Readings

BY-LAW 2006-121    A by-law to amend Animal Control By-law 2005-254 (To include regulations and an approval process to allow for the keeping of prohibited animals through an annual licence).
(Clause 3, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-122    A by-law to amend By-law 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To include an annual $200.00 licencing fee for the keeping of prohibited animals).
(Clause 3, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-123    A by-law to provide for the levy and collection of sums required by The Corporation of the Town of Markham for the year 2006 and to provide for the mailing of notices demanding payment of taxes for the year 2006.
(Clause 5, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-124    A by-law to amend By-law 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To reflect an administration fee of 10% to be added to the costs for recoveries for street lighting energy and maintenance from developers of subdivisions not yet accepted for maintenance by the Town).
(Clause 9, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-125    A by-law to amend Sign By-law 2002-94 (To provide greater clarity to election signs).
(Clause 10, Report No. 20, 2006)

WITHDRAWN

 

BY-LAW 2006-126    A by-law to amend By-law 2002-308, being a by-law for licensing, regulating and governing owners and drivers of taxicabs and taxicab brokers (To increase the fare rate taxicabs may charge and to make two administrative changes to the regulations regulating taxis).
(Clause 11, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-127    A by-law to amend Traffic By-law 106-71 (To prohibit trucks on Main Street Markham from Princess Street to 16th Avenue, effective June 1, 2006).
(Clause 14, Report No. 20, 2006)

CARRIED

 

BY-LAW 2006-128    A by-law to amend Zoning By-law 177-96, as amended (E. Manson Investments et. al., 540 Bur Oak Avenue - To permit two 6 storey apartment buildings).
(Clause 9, Report No. 21, 2006)

CARRIED

 

BY-LAW 2006-129    A by-law to amend Zoning By-law 304-87, as amended (IBM Canada Ltd., 8200 Warden Avenue - Extension of temporary use by-law to permit a temporary parking lot).
(Clause 13, Report No.21, 2006)

CARRIED

 

BY-LAW 2006-130    A by-law to adopt Official Plan Amendment No. 152 (Greenbelt Volkswagen Ltd. - To permit the expansion of the Greenbelt Volkswagen Dealership at 7997 Kennedy Road and 31 Helen Avenue).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-131    A by-law to amend Zoning By-law 122-72, as amended (Greenbelt Volkswagen Ltd. - To permit the expansion of the Greenbelt Volkswagen Dealership at 7997 Kennedy Road and 31 Helen Avenue).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-132    A by-law to amend Zoning By-law 304-87, as amended (Monarch Corporation, 19TM-05006, Part of Lot 26, Concession 3, north side of Elgin Mills and west side of Woodbine Avenue - To delete subject lands from By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit 204 single detached and 66 townhouse units).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-133    A by-law to amend Zoning By-law 177-96, as amended (Monarch Corporation, 19TM-05006, Part of Lot 26, Concession 3, north side of Elgin Mills and west side of Woodbine Avenue - To permit 204 single detached and 66 townhouse units).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-134    A by-law to amend Zoning By-law 304-87, as amended (Monarch Corporation, 19TM-05006, Part of Lot 26, Concession 3, north side of Elgin Mills and west side of Woodbine Avenue - To permit a sales pavilion within the plan of subdivision for three (3) years).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-135    A by-law to authorize the temporary closure of streets in the Town of Markham to facilitate the Unionville Village Festival being held on June 3 and 4, 2006.
(Communication No. 57-2006) 

CARRIED

 

BY-LAW 2006-136    A by-law to authorize the temporary closure of streets in the Town of Markham to facilitate three events being held in 2006 at Main Street Unionville (Unionville Celtic Festival on July 9, 2006, Markham Jazz Festival on August 19, 2006 and Unionville Heritage and Big Band Festival on September 23, 2006).
(Communication No. 58-2006) 

CARRIED

 

BY-LAW 2006-137    A by-law to amend Sign By-law 2002-94 (To include Town of Markham approved Markham Communities in Bloom banners).
(Clause 4, Report No. 17, 2006)

CARRIED

 

BY-LAW 2006-138    A by-law to dedicate certain lands as part of the highways of the Town of Markham (designated as Parts 1 to 3 (Willow Heights Boulevard) and designated as Parts 4 to 6 (Oakford Drive), Part of Lot 19, Concession 3, Plan 65R-21711).

CARRIED

 

BY-LAW 2006-139    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 3, Concession 5, designated as Part 1, Plan 65R-18063 - Gorvette Road).

CARRIED

 

BY-LAW 2006-140    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Arista Homes, Blocks 57, 58, 59 and 60 Registered Plan 65M-3837, Box Grove Planning District, east side of Riverwalk Drive, between 14th Avenue and Rizal Drive.).

CARRIED

 

BY-LAW 2006-141    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Green Tree Structures Inc., Lots 194 to 197, 211 to 235 and Blocks 378 to 384, Plan 65M-3853, south of 14th Avenue, between Riverwalk Drive and 9th Line By-Pass).

CARRIED

 

BY-LAW 2006-142    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Heritage Villa (Sierra) Inc. Lots 1 to 10 and Blocks 11 and 12, Plan 65M-3778, south of Highway 7 between Swansea Road and Oakcrest Avenue).

CARRIED

 

BY-LAW 2006-143    A by-law to repeal Part Lot Control Exemption By-law 49-1999 (Blocks 63 and 64, Plan 65M-3176). 

CARRIED

 

BY-LAW 2006-144    A by-law to confirm the proceedings of the Council meeting of May 23, 2006.
(Council Meeting No. 11, 2006)

CARRIED

 

BY-LAW 2006-145    A by-law to amend Zoning By-law 304-87, as amended (Greenbelt Volkswagen Ltd. - To remove the subject lands from the designated area of By-law 304-87, as amended, so that they can be incorporated into By-law 122-72, as amend, to permit the expansion of the Greenbelt Volkswagen Dealership at 7997 Kennedy Road and 31 Helen Avenue).
(Committee of the Whole Motion - May 23, 2006)

CARRIED

 

BY-LAW 2006-146    A by-law to authorize the collection of the total project costs for the Jennings Gate Municipal Water System from the property owners of Jennings Gate Estates.
(Clause 7, Report No. 20, 2006)

 

CARRIED

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 7:40 p.m.

 

 

 

 

 

 

__________________________________                ___________________________________

KIMBERLEY KITTERINGHAM                               DON COUSENS

DEPUTY CLERK                                                       MAYOR

 

(Signed)