<span lang="EN-GB" style="font-size:14.0pt; mso-bidi-font-family:&quot;Times New Roman&quot;"> Meeting No. 11

That the report entitled, “Delegation of Signing Authority – MPAC Agreements” be received;

And that the Treasurer and/or the Director of Taxation be authorized to sign the annual municipal licence agreement on behalf of The Corporation of the Town of Markham with the Municipal Property Assessment Corporation (MPAC), and beginning in 2008, the proposed perpetual licence agreements as well as supplementary and omitted assessment Product Use Sheet agreements required to be signed prior to receipt of every supplementary or omitted assessment roll;

And that staff be authorized to do all things necessary to give effect to this resolution.

(3) PLACES OF AMUSEMENT PINBALL AND VIDEO GAMES
ROOMS BY-LAW AMENDMENTS (2.0)

That By-law 2002-289, “A By-law to provide for the Regulating and Licensing of Places of Amusement – Pinball and Video Games Rooms” be amended to:

Adjust hours of operation to require midnight closing versus the current 11 PM and to allow businesses to operate during school hours;
Require supervision of youths under 16 years, during school hours and after 9 p.m.;
Remove redundant sections, now regulated under other legislation (i.e. Fire Code);
Create two classes of licenses, Class A for establishments with four or more machines and Class B for establishments with three or less;
Provide requirements to prevent nuisances;
Require a designated operator be on duty at all times at each establishment;
Add a process for the refusal to issue and renew licences, and an appeal process; and
All other necessary housekeeping amendments.

That By-law 2002-284, “A By-law to establish Licence Fees” be amended to establish new licence fees for Class A and Class B Places of Amusement;

That an application for an Order and a schedule of set fines pursuant to the Provincial Offences Act and the rules for the Ontario Court of Justice be made;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-laws 2007-100 and 2007-101)

(4) DUFFINS AND CARRUTHERS WATERSHED RESOURCE
COMMITTEE – RESIGNATION OF COUNCILLOR SHAPERO (16.24)

That the resignation of Councillor E. Shapero from the Duffins and Carruthers Watershed Resource Committee, due to scheduling conflicts, be received with regret.

(5) APPOINTMENT OF COUNCIL REPRESENTATIVE ON THE
STAFF APPRECIATION DAY COMMITTEE (12.0)

That Councillor C. Moretti be appointed as the Council representative on the Staff Appreciation Day Committee for 2007.

(6) BUSINESS EXPENSE AUTHORIZATION – CANADIAN
SPORTS INSTITUTE – OTTAWA (10.16 & 11.12)

That Deputy Mayor J. Jones be authorized to attend meetings in Ottawa relating to the Canadian Sports Institute Ontario in May of 2007.

(7) STIVER MILL STEERING COMMITTEE – APPOINTMENTS (16.34)

That the following persons be appointed to the Stiver Mill Steering Committee:

Christl Reeh – Unionville Villagers Association

Ken Davis – Unionville Villagers Association

Richard Talbot – Unionville Villagers Association

Wes Rowe – Alternate - Unionville Villagers Association

Jeanne Ker-Hornell – Alternate - Unionville Villagers Association

CARRIED

5(c) REPORT NO. 36 - DEVELOPMENT SERVICES COMMITTEE (May 29, 2007)

Council consented to separate Clause (2).

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No 36 - Development Services Committee be received and adopted.

(1) ACCEPTANCE FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
REGISTERED PLAN NUMBERS 65M-3633, 65M-3634,
65R-25622 PARTS 4, 6, 7 AND 8, 65M-3644, 65M-3605,
65M-3526, 65R-21711 PARTS 1 TO 6, 65M-3660, 65M-3044,
65M-3045, 65R-26787 PART 4, 65M-3672, 65M-3637, 65M-3296,
65R-21662 PARTS 3 AND 5, 65R-24471 PARTS 3 AND 4,
65R-19466 PART 1, 65R-18982 PARTS 1, 2 AND 3 (10.7)

That the report entitled “Acceptance for Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3633, 65M-3634,65R-25622 Parts 4, 6, 7 and 8, 65M-3644, 65M-3605, 65M-3526, 65R-21711 Parts 1 to 6, 65M-3660, 65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672, 65M-3637, 65M-3296, 65R-21662 Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466 Part 1, 65R-18982 Parts 1, 2 and 3”, dated May 29, 2007, be received;

And that the services in Subdivision Registered Plan Numbers 65M-3633, 65M-3634,65R-25622 Parts 4, 6, 7 and 8, 65M-3644, 65M-3605, 65M-3526, 65R-21711 Parts 1 to 6, 65M-3660, 65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672, 65M-3637, 65M-3296, 65R-21662 Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466 Part 1, 65R-18982 Parts 1, 2 and 3, be Accepted for Maintenance;

And that by-laws be enacted by Council to accept these subdivisions and to establish each of the roads within the residential subdivisions as a public highway of the Town of Markham;

And that the Community Services Commission accept the responsibility for operating and maintaining the infrastructure within the subdivisions as part of the Town’s system;

And that acceptance of the subdivision be taken into consideration in future operating budgets;

And that the by-law to amend Schedule ‘12’ of Traffic By-law #106-71, by including compulsory stop to the indicated streets, be approved;

And that the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a maximum speed of 40 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘F’ of the speed By-law # 105-71, by including a maximum speed of 50 kilometers per hour for the streets indicated, be approved;

And that the by-law to amend Schedule ‘C’ of the Parking By-law # 2005-188, by including no parking on the streets indicated, be approved;

And that the Mayor and Clerk be authorized to execute the necessary releases from the terms of the Subdivision Agreements, subject to confirmation from the Director of Engineering that the final two year guarantee periods have been completed;

And that Staff be authorized and directed to do all things necessary to give effect to these resolutions.

(By-laws 2007-102 to 2007-122)

(2) TOWN OF MARKHAM
PARKING PROGRAMME UPDATE (2.17)

That the report entitled “Town of Markham Parking Programme” be received;

And that staff continue the on-street permit parking programme in existing areas and consider expanding the program on a case by case basis;

And that a Committee of Council be established to make recommendations to Council on matters relating to the Town’s Parking Programme including the operations of municipally owned or operated surface parking lot(s) and structure(s), and other issues such as analyses of similar programmes in other municipalities, provision of disabled parking spots near Main Streets, provision of dedicated parking for alternative vehicles such as scooters, partnerships with GO Transit and YRT/VIVA, and discussions with the Municipal Property Assessment Corporation on tax incentives for underground parking lots;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED AS AMENDED

(See following motion to amend)

Moved by Regional Councillor J. Heath

Seconded by Councillor L. Kanapathi

That Clause (2) be amended to add the words "…and YRT/VIVA…" after the words "…partnerships with GO Transit…" in paragraph 3.

CARRIED

(3) CRITERIA FOR ASSESSMENT OF
ONTARIO MUNICIPAL BOARD APPEALS
(COMMITTEE OF ADJUSTMENT)
LEGAL FILES NO. 07 0411 LG 0051 (10.12, 8.0)

That the report entitled “Criteria for Assessment of Ontario Municipal Board Appeals – (Committee of Adjustment)” be received.

And that Council have regard to the criteria described in this report in determining when:

· Town staff should attend Ontario Municipal Board (OMB) Committee of Adjustment appeals; or

· decisions of the Committee of Adjustment should be appealed by the Town.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(4)        COTTONLANE ESTATES INC.
            158, 168, 178 OLD KENNEDY ROAD
            DRAFT PLAN OF SUBDIVISION (19TM-05019)
            TO CREATE A PARK BLOCK,
            A MEDIUM DENSITY BLOCK AND
            A MIXED USE BLOCK ON THE
            WEST SIDE OF OLD KENNEDY ROAD,
            SOUTH OF VICTORY AVENUE
            MAIN STREET MILLIKEN (SU.05-023993) (10.7)

That the report dated May 29, 2007 entitled “Cottonlane Estates Inc., 158, 168 and 178 Old Kennedy Road, Draft Plan of Subdivision (19TM-05019) to create a park block, a medium density block and a mixed use block on the west side of Old Kennedy Road, south of Victory Avenue, (SU.05-023993)” be received;

And that the record of the Public Meeting held on October 3, 2006, regarding the proposed plan of subdivision be received;

And that draft plan of subdivision 19TM-05019 located on the west side of Old Kennedy Road, south of Victory Avenue, proposed by Cottonlane Estates Inc., be draft approved subject to the conditions outlined in Appendix ‘A’;

And that the Owner shall enter into a No Presale Agreement with the Town, 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 lands (19TM-05019), until full servicing allocation has been granted by Council for the proposed development, prior to draft plan approval being issued. The Agreement shall include but not be limited to the following:

(A) Not to enter into any agreements or purchase and sale with end users (eventual homeowner who is purchasing an individual lot containing a dwelling for the purpose of occupancy) for the subject lands until such time as:

(a) i. York Region has advised in writing that it is no earlier than twelve (12) months prior to the expected completion of the Duffin Creek Water Pollution Control Plant expansion project and the Southeast Collector Trunk Sewer project; and

ii. The Council of the Town of Markham has allocated adequate available water supply and sewage servicing capacity to the subject development;

or,

(b) the Town of Markham approves the assignment of servicing allocation to this development that is not dependent upon the construction of infrastructure;

(c) the Regional Commissioner of Transportation and Works confirms servicing capacity for this development by a suitable alternative method and the Town of Markham allocates the capacity to this development;

And

(B) Not enter into any agreements of purchase and sale with non end users for the subject lands unless the agreement of purchase and sale contains a condition that requires the purchaser and any subsequent purchasers to enter into a separate agreement with the Town of Markham, which agreement shall be registered on title, committing the Owner to the same terms as set out in item A above;

And that the Owner shall apply for a zoning by-law amendment to permit the proposed stacked townhouse development, mixed use block and parkette. This approval shall be in place prior to final draft plan approval;

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;

And that the draft plan approval for plan of subdivision 19TM-05019 will lapse after a period of three years commencing May 29, 2007, in the event that a subdivision agreement is not executed within that period;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(5)        NAAM GROUP INC.
            SOUTH-WEST CORNER OF YORKTECH DRIVE
            AND RODICK ROAD
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT
            AND SITE PLAN APPROVAL FOR A
            MULTIPLE TENANT INDUSTRIAL BUILDING
            WITH ACCESSORY RETAIL
            (ZA 06 114625 AND SC 114629) (10.5, 10.6)

Report Appendix B Maps

That the report dated May 29, 2007 entitled “RECOMMENDATION REPORT, Naam Group Inc., South-west corner of Yorktech Drive and Rodick Road, Applications for zoning by-law amendment and site plan approval for a multiple tenant industrial building with accessory retail,” be received;

And that the draft implementing zoning by-law attached as Appendix ‘B’ be finalized and enacted;

And that the application for site plan approval 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 once the conditions outlined above have been satisfied. Site Plan approval is issued only when the Director has signed the site plan;

And that this endorsement shall lapse and site plan approval will not be issued, after a period of three years commencing May 29, 2007, in the event that the site plan agreement is not executed within that period;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2007-123)

(6) REVIEW OF CITIZEN REQUESTS FOR TOWN-WIDE
THREE HOUR MAXIMUM PARKING RESTRICTION (5.12.4)

That the report titled, “Review of Citizen Requests for Town-wide Three-hour Maximum Parking Restriction”, dated May 29, 2007, be received;

And that a Town-wide three-hour maximum parking restriction by-law not be implemented at this time;

And that by-law 2005-188, Schedule D, titled “Parking for a Restricted Period” continue to be enforced as a means of restricting parking on an individual basis, where conditions are justified;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

(7) SNOWDON CIRCLE STOPPING PROHIBITION (5.12.3)

That the report titled, “Snowdon Circle Stopping Prohibition” dated May 15, 2007, be received;

And that the attached by-law to amend Schedule D of Parking By-law 2005-188, pertaining to “Parking for a Restricted Period,” by including both sides of Snowdon Circle, from the north intersection of Mansfield Lane to the south intersection of Mansfield Lane, be approved;

And that the Operations Department be directed to install and maintain the appropriate signs upon approval of the attached by-law;

And that the Parking Control Department be directed to enforce the parking restrictions upon installation of the signs;

And that the Clerks Department be directed to forward a copy of this report to GO Transit staff regarding improvements to the Centennial GO Station passenger drop-off and pick-up facility;

And that staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2007-124)

(8) YONGE STREET CORRIDOR STUDY COORDINATION
(5.10, 10.0)

That the staff memo entitled "Yonge Street Corridor Study Coordination", be received;

And that Markham staff be authorized to coordinate with the City of Vaughan on Yonge Street Corridor detailed planning/urban design studies as outlined in the memo;

And further that the Region of York be requested to coordinate an inter-municipal review of basic land use (population and employment) targets along the Yonge Street Corridor, in support of the ongoing consideration of transit options.

CARRIED

5(d) REPORT NO. 37 - DEVELOPMENT SERVICES PUBLIC MEETING (May 29, 2007)

Moved by Deputy Mayor J. Jones

Seconded by Councillor J. Webster

That Report No. 37 - Development Services Public Meeting be received and adopted.

(1) 1039954 ONTARIO LIMITED
SOUTHEAST CORNER OF
MAJOR MACKENZIE DRIVE & RALPH CHALMERS AVENUE
WISMER COMMONS COMMUNITY
PROPOSED PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING BY-LAW AMENDMENTS
SU 02 118676 (19TM-02016 – PHASE 3) AND ZA 07 108332 (10.7. 10.5)

That the Record of the Public Meeting held on May 29, 2007 with respect to applications SU 02 118676 (19TM-02016 – Phase 3) and ZA 07 108332 submitted by 1039954 Ontario Limited for draft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;

And that draft plan of subdivision 19TM-02016, Phase 3 be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202.

And that amendments to Zoning By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02016 – Phase 3 be finalized for enactment.

(2)        TIMES MARKHAM CENTRE
            (MAJESTIC COURT CONDOMINIUM)
            NORTH-WEST CORNER OF SOUTH TOWN CENTRE BOULEVARD
            AND CLEGG ROAD, APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER
            OF STOREYS FROM 12 TO 16, AND INCREASE IN THE MAXIMUM
            NUMBER OF DWELLING UNITS FROM 400 TO 532, AND TO
            REZONE A PORTION OF THE PROPERTY FOR A PUBLIC PARK
            (ZA 07 111517) (10.3, 10.5)

That the deputation by David Bronskill, Goodmans LLP regarding the proposed zoning by-law amendment with respect to increase in permitted building height and an increase in permitted number of dwelling units, be received;

That the staff report dated May 1, 2007, entitled “PRELIMINARY REPORT – Times Markham Centre (Majestic Court Condominium) – North-west corner of South Town Centre Boulevard and Clegg Road – Application for zoning by-law amendment to permit an increase in the maximum number of storeys from 12 to 16, and increase in the maximum number of dwelling units from 400 to 532, and to rezone a portion of the property for a public park” be received;

And that the Record of the Public Meeting held on May 29, 2007 with respect to the proposed amendment to By-law 2004-196, as amended, be received;

And that the application by Times Markham Centre to amend By-law 2004-196 as amended, be approved;

And further that the proposed amendment to By-law 2004-196, as amended, be enacted without further notice, upon resolution of the identified park issues.

CARRIED

5(e) REPORT NO. 38 - GENERAL COMMITTEE (June 11, 2007)

Council consented to add Report No. 38.

Moved by Councillor J. Virgilio

Seconded by Councillor D. Horchik

That Report No. 38 - General Committee be received and adopted.

(1) TOWN CONVEYANCE TO STRINGBRIDGE INVESTMENTS
LIMITED SURPLUS LANDS OUTSIDE THE ROAD
ALLOWANCE KNOWN AS CLEGG ROAD – BLOCK 13,
PLAN 65M-2668, MARKHAM (8.1)

Report 1 2

That a By-law be enacted to stop up and close that portion of the surplus Clegg Road turning circle legally described as Block 13, Plan 65M-2668;

And that the portion of the surplus Clegg Road turning circle being lands legally described as Block 13, Plan 65M-2668 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 June 12, 2007;

And that a By-law be enacted at Council on June 12, 2007, authorizing the Mayor and Clerk to execute a Transfer of Land and other related documents for the completion of conveyancing required, in a form satisfactory to the Town Solicitor;

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

(Other Business (3) & By-laws 2007-139 and 2007-140)

(2) TOWN CONVEYANCE OF A PORTION OF NEW DELHI
DRIVE TO THE REGION OF YORK (13.4)

Report 1 By-law

That the report entitled “Town Conveyance of a portion of New Delhi Drive to the Region of York” be received;

That Part of Lot 3, Concession 8, designated as Parts 1 and 4, Plan 65R-29254 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 June 12, 2007;

And that a by-law be enacted at council on June 12, 2007, authorizing the Mayor and Clerk to execute a Transfer of Land in favour of the Region of York for nominal consideration and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor;

And that Staff be authorized and directed to do all things necessary including execution of documents to give effect to this report.

(Other Business (4) & By-law 2007-141)

(3) 2007 ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)

That Mr. Wil Pialagitis, Chair, Markham Village BIA, be appointed to the Markham Main Street Committee effective immediately.

CARRIED

6. COMMUNICATIONS

Council consented to add Communications No. 44-2007 and 45-2007.

Moved by Councillor A. Chiu

Seconded by Councillor C. Moretti

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

Referred to all Members of Council

39-2007 Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Xin Jiang Restaurant Inc., 3636 Steeles Avenue East, Units 106 to 108 (indoor). (3.21)

40-2007 Greek Orthodox Community of Markham - Requesting an approval from the Town of Markham regarding the application for a Special Occasion Liquor Permit to be utilized in conjunction with the Annual Greek Community Festival being held at 11359 Warden Avenue on July 20, 21, 22 and July 27, 28, 29, 2007. (3.21)

41-2007 Mario Folco, Owner, Folco's Ristorante, 42 Main Street North - Requesting an approval from the Town of Markham regarding the application for a Special Occasion Liquor Permit to be utilized in conjunction with the Markham Village Community Music Festival on June 15, 2007 from 4:00 p.m. to 11:00 p.m. and on June 16, 2007 from 11:00 a.m. to 6:00 p.m. (3.21)

42-2007 Markham Village BIA - Requesting an approval from the Town of Markham to close the following streets to facilitate the 2007 Markham Village Music Festival as follows:

Dates and times

June 15, 2007 - 4:00 p.m. to 11:00 p.m.

June 16, 2007 - 7:00 a.m. to 7:00 p.m.

Streets

a) Main Street Markham north from Highway 7 to South of Parkway Avenue

b) Access east from Main Street Markham is closed to

- Centre Street

- Robinson Street

c) Access west from Main Street Markham is closed to

- Thompson Court

- Dublin Street

- Robinson Street

- Wilson Street

d) Robinson Street West from Main Street Markham to Water Street

(3.5.2) (By-law 2007-125)

43-2007 Markham Stouffville Hospital - Requesting an approval from the Town of Markham to close the following streets on November 4, 2007 from 9:30 a.m. to 12:30 p.m. to facilitate the Angus Glen Half Marathon:

- Start line is at Angus Glen Golf Course
- South on Kennedy Road to Major MacKenzie Drive
- West on Major MacKenzie Drive to Prospector's Drive
- South on Prospector's Drive to The Fairways
- West on The Fairways and south onto Royal Troon Crescent
- Royal Troon Crescent onto Angus Glen Blvd
- East on Angus Glen Blvd to Potters Wheel Road
- North on Potters Wheel Road to Port Rush Trail
- East on Port Rush Trail to Angus Meadow Drive
- South on Angus Meadow Drive to Angus Glen Blvd
- East on Angus Glen Blvd to Kennedy Road
- South on Kennedy Road to just north of 16th Avenue
- Runners make a u-turn & go north on Kennedy Road to Elgin Mills Road East
- East on Elgin Mills Road to McCowan Road
- North on McCowan Road to 19th Avenue
- West on 19th Avenue to Warden Avenue
- South on Warden Avenue to Elgin Mills Road East
- East on Elgin Mills Road East to Kennedy Road
- South on Kennedy Road to Angus Glen Golf Course

(3.5) (By-law 2007-126)

44-2007 Markham Village B.I.A. - Requesting an approval from the Town of Markham to revise the hours regarding the application of Special Occasion Liquor Permits for the extension of the outdoor areas at the Duchess of Markham and Artisan Pub. The Permits will be utilized in conjunction with the Markham Village Music Community Festival as follows:

Friday, June 15 - 4:00 p.m. to 11:00 p.m.

Saturday, June 16 - 9:00 a.m. to 7:00 p.m. (3.21)

45-2007 Commissioner of Development Services - Providing an update regarding the application submitted by Terra Nero Investments to permit a coin car wash and quick lube facility and a take-out restaurant (coffee shop) at 77 Anderson Avenue, Northeast corner of Bur Oak Avenue and Anderson Avenue. (10.5)
(By-law 2007-138)

Memo

CARRIED

7. PROCLAMATION

Moved by Councillor A. Chiu

Seconded by Councillor L. Kanapathi

That Proclamation (1) be received and adopted.

(1) PROCLAMATIONS (3.4)

Letter

That the following be proclaimed in the Town of Markham:

- Pride Week - September 3 to 9, 2007

And that the Corporate Communications Department be requested to publish the above proclamation in the local newspapers.

CARRIED

8. OTHER BUSINESS

Council consented to add Other Business (3) and (4).

(1) RENAMING OF MARKHAM BY-PASS
TO CORNELL CENTRE BOULEVARD (10.14)