2001-05-22 - 7:00 p.m.
COUNCIL MINUTES Council
Chamber, Civic Centre
Meeting No. 12
(Canada Room)
COMMITTEE OF THE WHOLE
ROLL CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional
Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A.
Chiu. (13)
Moved by Councillor A.
Chiu
Seconded by
Councillor K. Usman
That Council resolve itself into the Committee of
the Whole to discuss the following:
(1) Canada Day Grant
(2) Summer
Meeting Schedule
(3) Legal
Matter
CARRIED
The Regular Meeting of
Council was held on May 22, 2001 at 7:03 p.m. in the Council Chamber, Civic
Centre. His Worship Mayor D. Cousens
presided.
(Council Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional
Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A.
Chiu. (13)
STAFF
J. Livey,
Chief Administrative Officer
R. Robinson,
Town Solicitor
A. Wolfe,
Commissioner of Community Services
A. Taylor,
Commissioner of Corporate Services
M.F. Turner,
Commissioner of Development Services
B. Nanninga,
Executive Assistant
S. Birrell,
Town Clerk
J. Harrison,
Manager, Secretariat Services
B. Cribbett, Treasurer
1. DISCLOSURE OF PECUNIARY INTEREST
No disclosures declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor A.
Chiu
Seconded by Councillor K.
Usman
That Council rise from the Committee of the Whole
and the Chairman report.
CARRIED
Mayor D. Cousens report the following motions passed
at the Committee of the Whole meeting:
(1) GRANT
REQUEST – CANADA
DAY COMMITTEE – 2001 (7.6)
That a grant in the total amount of $30,000
be approved for Canada Day Celebrations.
CARRIED
(2) SUMMER
MEETING SCHEDULE (16.23)
Mayor Cousens advised that the current
meeting schedule for June, July, August and September would not be changed.
CARRIED
(3) BILL
46 - AN ACT RESPECTING
ACCOUNTABILITY OF PUBLIC
SECTOR
ORGANIZATIONS (13.2)
That the Chief Administrative Officer be
requested to prepare a letter to the Province of Ontario to request exemption
for the Town of Markham from the Requirements of Bill 46 since the Town already
complies.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole be
adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING – MAY 8, 2001 (16.0)
That the Minutes of the
Council Meeting held on May 8, 2001, be adopted.
CARRIED
4. PRESENTATIONS
(1) MARKHAM-STOUFFVILLE
GIRLS HOCKEY TEAMS
-PROVINCIAL GOLD MEDALS -
ONTARIO
PROVINCIAL CHAMPIONSHIPS
(12.2.6)
Council presented
certificates of recognition to the following Markham Stouffville Girls Hockey
Teams who recently won the Provincial Gold Medals at the Ontario Provincial
Championships:
|
Markham-Stouffville Stars
Intermediate B
-Laura
Johnston
-Julia
Leamen
-Kari
Sandiford
-Lani
Greenspoon
-Kerry
Ground
-Jennifer
Dupont
-Julie
Hurlburt
-Jennifer
Stokes
-Rebeca
Grace
-Mandy
Vandenberg
-Pamela
Boyce
-Stephanie
Hughes
-Jeannine
Furze
Coach: Dennis
Furze
Assistant Coach: John
Dupont
Manager: Dianne
White
|
Markham-Stouffville Stars
Bantam A
-Amber
Wright
-Erin
Carter
-Lindsay
Brown
-Jillian
Morrison
-Shannon
Hagarty
-Hayley
McMeekin
-Melanie
Paterson
-Ashley
Lucas
-Stephanie
Giliberto
-Sarah
Magee
-Danielle
Beattie
-Danielle
Paterson
-Kristine
Sabourin
-Jennifer
Kramar
-Sarah
Mikos
Coach: Charles
Giliberto
Assistant Coach: Mike
Hagarty
Assistant Coach: Warren
Magee
Manager: Marion Morrison
|
5. DELEGATIONS
(1) HEARING
- DEVELOPMENT CHARGES
MR. ANWAR ALI
4572 FOURTEENTH AVENUE,
MARKHAM (7.11)
Notice was served that the
Council of the Town of Markham would hold a hearing on Tuesday, May 22, 2001 at
7:00 p.m. in the Council Chamber at the Civic centre to hear a complaint
received from Ayyaz Anwar Ali with respect to development charges for the
property located at 4572 Fourteenth Avenue, Markham.
(Council Chamber)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional
Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu.
(13)
The Development Charges
Hearing was held on May 22, 2001 at 7:20 p.m. in the Council Chamber, Civic
Centre. His Worship Mayor D. Cousens
presided.
Council had before it a copy of a notice of the
hearing, pursuant to section 20 of the Development Charges Act, 1997, S.O.
1997, c.27 to hear a complaint received from Ayyaz Anwar Ali with respect to
development charges for the property located at 4572 Fourteenth Avenue,
Markham.
Mr. Anwar Ali was in attendance on behalf of his son
Mr. Yyaz Anwar Ali to appeal the development charges for the development of the
property at 4572 Fourteenth Avenue. The
original building at 4572 Fourteenth Avenue was demolished in 1994 and Mr. Ali
advised that his son purchased the property in November of 1999. At the time
the previous owner applied for the demolition permit, there was no notification
on the demolition permit or application form that if the applicant did not
apply for a building permit within 48 months that development charges would
apply. At the time the property was
purchased, the solicitor acting on behalf of his son had completed a search of
the property and the Town advised of outstanding taxes and outstanding local
improvement charges. Mr. Ali questioned
why the Town had not notified his son at the time of purchase that development
charges would apply upon application for a building permit. Mr. Ali also suggested that the Town was
being discriminatory in that his neighbour was developing his property and development
charges do not apply.
The Town Solicitor advised that pursuant to s.20 of
the Development Charges Act, 1997, Subsection 20(1), there are three specific
reasons a person can challenge the calculation of development charges:
(a) the amount of the development charge was
incorrectly determined;
(b) whether a credit is available to be used
against the development charge, or the amount of the credit or the service with
respect to which the credit was given, was incorrectly determined; or
(c) there was an error in the application of
the development charge by-law.
The Town Solicitor further pointed out there is a
distinction to be drawn between attacking the by-law on its merits and
complaining about the way it is applied.
Council’s authority extends to dismissing the complaint or rectifying
incorrect determinations with respect to the amount of development charges
imposed or credits applied or to remedying how a development charge by-law has
been applied. Council does not have the
jurisdiction to change the by-law.
The Commissioner of Corporate Services advised that
in his view, the charges were calculated correctly, and the collection of
development charges at the time of building permit issuance is authorized under
s.26 of the Development Charges Act, 1997.
In responding to a question from Council, the Town
Solicitor advised that development charges only apply upon application for a
building permit. There is no requirement under the Development Charges Act to
place any notification on title that development charges might apply.
In discussing the matter, Council commented that
both the lawyer for the applicant as well as the real estate agent were aware
that the applicant intended to build on the property. It was noted that the lawyer, in addition to obtaining the tax
certificate and zoning search, could have inquired if there would be any other
charges which would be imposed upon an application for building permit. Likewise, the real estate agent could have
advised their client with respect to development charges and could have
obtained the relevant information from the municipality upon request.
Moved by Regional Councillor G. Landon
Seconded by Councillor G. McKelvey
Upon hearing the evidence and submissions of the
complainant, Council hereby orders that the complaint by Mr. Anwar Ali,
pursuant to Section 20 of the Development Charges Act, with respect to the
property located 4572 Fourteenth Avenue be dismissed on the basis that Council
determines that none of the following apply to the facts of the subject appeal:
(a) the amount of the development charge was
incorrectly determined;
(b) whether a credit is available to be used
against the development charge, or the amount of the credit or the service with
respect to which the credit was given, was incorrectly determined; or
(c) there was an error in the application of
the development charge by-law.
The Development Charge hearing adjourned at 8:15p.m.
CARRIED
(2) Mr. Mike Papadimos,
Pegasus Consulting Co., expressing concerns with respect to Hoopp Realty
application for rezoning at 3760 and 3762 14th Avenue. (10.5)
(Clause 5
of Report No. 40 - Development Services Committee)
(3) Mr. Patrick Hanlon, Angus Glen. (10.6)
(Clause
9 of Report No. 40 - Development Services Committee)
(4) Mr. Webb of Marshall
Macklin Monaghan with respect to the landscaping currently being undertaken at
Cornell. (10.0)
6(a) REPORT NO. 36 - CONSENT
Moved by Councillor K.
Usman
Seconded by Regional
Councillor T. Wong
That Report No. 36 -
Consent be received and adopted.
(1) CANADA
DAY CELEBRATIONS COMMITTEE -
REQUEST TO CLOSE MCCOWAN ROAD
(3.5)
That approval be granted
to close McCowan Road from Highway 7 to Fourteenth Avenue from 4:00 p.m. to
5:00 p.m. and 8:00 p.m. to 11:00 p.m. on July 1, 2001 for the Canada Day Parade
and Canada Day Celebrations being held at Milne Park, subject to approval of
the Regional Municipality of York;
And that the Regional
Municipality of York be requested to approve vehicles exiting Highway 407 to
southbound McCowan Road only on July 1, 2001 from 4:00 p.m. to 5:00 p.m. and
8:00 p.m. to 11:00 p.m.;
And that the Ontario
Provincial Police, the York Regional Police, the Ministry of Transportation,
the Region of York Transportation and Works Department, the Toronto Transit
Commission, Markham Transit and the Markham Fire Department and Emergency
Services be so advised;
And further that
permission be granted to hang Canada Day banners over Main street Markham, Main
Street Unionville, Milne Park entrance and to advertise the events on the
electronic billboards located at 101 Town Centre Boulevard, Thornhill Community
Centre, Centennial Community Centre, Milliken Mills Community Centre and Mount
Joy Community Centre.
(See By-law 2001-128)
CARRIED
6(b) REPORT NO. 37 – TOWN SOLICITOR
Moved by Regional
Councillor G. Landon
Seconded by Councillor A.
Chiu
That Report No. 37 - Town
Solicitor be received and adopted.
(1) ABIDIEN
INC. (NOBLE INTERNATIONAL HOLDINGS INC.)
MODEL HOME AGREEMENT (8.4)
That the Town be
authorized to enter into a Model Home Agreement with Noble International
Holdings Inc. with respect to Lots 2 to 5 inclusive, on Draft Plan of
Subdivision 19TM-97009 and that the Mayor and Clerk be authorized to execute
the agreement in a form satisfactory to the Town Solicitor.
(2) 1147389
ONTARIO LIMITED AND EDEN OAK HOMES
SALES TRAILER AGREEMENT (8.4)
That the Town be
authorized to enter into a Sales Trailer Agreement with 1147389 Ontario Limited
and Eden Oak Homes, with respect to the south east corner of Kennedy Road and
Valentina Drive and that the Mayor and Clerk be authorized to execute the
agreement in a form satisfactory to the Town Solicitor.
CARRIED
6(c) REPORT NO. 38 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (6).
Moved
by Councillor K. Usman
Seconded
by Deputy Mayor F. Scarpitti
That
Report No. 38 - Finance & Administrative Committee be received and adopted.
(1) MARKHAM RUGBY FOOTBALL
CLUB (MRFC)
PROPOSED CLUBHOUSE AT AUSTIN DRIVE PARK (6.3 & 6.10)
That the lease
agreement between the Markham Rugby Football Club and the Town of Markham be
amended to waive the requirement for a performance bond.
(2) TENDER
AWARD - 048-T-01 - CONCRETE CURB AND
SIDEWALK (7.12.2)
That Maple
Crete Inc. be awarded tender 048-T-01 for Road Rehabilitation Program,
Restoration of Concrete Curb and Sidewalk in their tender amount of
$1,380,669.15, inclusive of all taxes ($1,329,055.36 inclusive of 3% GST),
being the lowest acceptable tender received;
And that staff
exercise the option to extend the contract for a further two years, 2002 and
2003 subject to budget approval and agreement by Maple Crete Inc. to guarantee
the 2001 unit prices submitted and their satisfactory performance;
And that the
award be funded from the Roads Department, Capital budget and the Roads
Department proposed Operating account no (s) 700 502 4540 and 700 502 5304, in
the upset amount of $1,329,055.35 inclusive of the 3% GST.
(3) TENDER AWARD - 031-T-01
2001 RELINING OF CAST
IRON AND DUCTILE IRON WATERMAINS (7.12.1)
That Fer-Pal
Construction Ltd be awarded tender
031-T-01 for 2001 Relining of Cast Iron and Ductile Iron Watermains in their
tender amount of $1,026,408.54, inclusive of all taxes and contingency
($988,038.12 inclusive of 3% GST and contingency), being the lowest acceptable
tender received;
And that the
award be funded from the Waterworks Department, Capital budget account no(s):
53-6150-2314-005 $787,700.00
53-6150-2317-005 $193,100.00
53-5300-033-005 $
7,238.12
Total budget to be used @ 3%
Taxes $988,038.12
(4) WATERMAIN RECONSTRUCTION
ON ROMFIELD
CIRCUIT AND ROTHSAY ROAD (7.12.1)
That the
contract for Watermain Reconstruction on Romfield Circuit and Rothsay Road be
awarded to Comer Group Ltd for the amount of $1,255,912.50 (inclusive of 7%
G.S.T.) being the lowest acceptable bid received ($1,208,962.50 inclusive of 3%
G.S.T.);
And further
that an amount of $151,000 be allocated for engineering design and construction
inspection of this project resulting in a total required funding of
$1,359,962.50 ($151,000 plus $1,208,962.50);
And further
that the project be funded in the amount of $1,359,962.50 from the 2001
Watermain Construction and Replacement Project Account (No. 53-6150-2318-005).
(5) NEIGHBOURHOOD
TRANSPORTATION
COMMITTEE 2001 -
LOCAL TRAFFIC
IMPROVEMENT PROJECTS (5.12)
That Ward 7 be
included in this year's Speed Education and Awareness Program;
And that the
acquisition of a second Speed Display Trailer unit not be approved;
And that units
only be placed in areas where volunteers are available.
(6) MARKHAM MOBILITY
FOUNDATION
7TH ANNUAL GOLF TOURNAMENT - AUGUST 20, 2001 (12.2.6)
That the
request from the Markham Mobility Foundation to participate in its 7th
Annual golf tournament, lunch and barbecue dinner at the Silver Lakes Golf
& Country Club, Newmarket on Monday, August 20, 2001 at an early bird
special rate of $225 (single) and $900 per foursome be received;
And that any
member of Council who wishes to attend may do so with costs to be paid through
his/her respective budget
And further that sponsorship in
the amount of $500.00 be approved and be charged to the 2001 grant budget.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor B. O'Donnell
Seconded by Regional Councillor G. Landon
That Clause (6) of Report No. 38 - Finance
& Administrative Committee be amended to add the following:
And further that sponsorship in the amount of
$500.00 be approved and be charged to the 2001 grant budget.
CARRIED
(7) RELAY
FOR LIFE - CANADIAN CANCER SOCIETY (12.2.6)
That
Councillor Usman be appointed lead person with the support of the Executive
Management Team for the Canadian Cancer Society's Relay for Life fund raising
effort at the Markham Fair Grounds on June 15th and June 16, 2001.
(8) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – MAY 14,
2001 (16.0)
CARRIED
6(d) REPORT NO. 39 - ENVIRONMENT &
TRANSPORTATION COMMITTEE
Council
consented to separate Clauses (2) and (3).
Moved
by Councillor D. Horchik
Seconded
by Regional Councillor T. Wong.
That
Report No. 39 -Environment & Transportation Committee be received and
adopted.
(1) PESTICIDE
APPLICATION POLICY PRESENTATION (2.20)
That a
Pesticide Reduction Steering Committee be established to:
-monitor
and review pesticide/herbicide free parks pilot project in Ward 2
-review
and report on reduction initiatives in other Canadian municipalities
-develop
and implement a public awareness/educational program;
And the
Pesticide Reduction Steering Committee be comprised of the following members:
-Regional Councillor T. Wong
-Councillor E. Shapero
-Town Staff
-Markham Conservation Committee (2 Members)
-Markham Environmental Alliance
-Campaign for Pesticide Reduction Ontario
(CPRO)
-Representative of Regional Staff
And further
that the Pesticide Reduction Steering Committee report back to the Environment
& Transportation Committee.
(2) REQUEST
FOR AUDIBLE PEDESTRIAN SIGNALS AT THE
INTERSECTION OF AUSTIN DRIVE
AND BULLOCK DRIVE (5.12)
That Council
endorse the upgrade of the existing traffic control signals at the intersection
of Austin Drive and Bullock Drive to install audible pedestrian signals;
And further
that funding for the upgrade of the existing traffic control signal at the
intersection of Austin Drive and Bullock Drive to audible pedestrian signal
operation for the amount of $25,000.00 be included in the 2001 Capital Budget.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor B. O'Donnell
That Clause (2) be amended to provide that the funding for the upgrade
of the existing traffic control signal at the intersection of Austin drive and
Bullock Drive to audible pedestrian signal operation be included in the 2001
Capital Budget.
CARRIED
(3) PERMIT
PARKING - CORNELL COMMUNITY (5.12.4)
That a
by-law be presented to amend the Parking By-law, By-law 336-88, as amended, to
provide for permit parking on designated streets in the Cornell community;
And
that approval of which shall include the following conditions:
- permits be issued on a six
month basis,
- permits must be displayed
at all times while the vehicle is parked on the street to avoid being
ticketed,
- vehicles must only park on
streets permitted by signage
- permits will not be issued
for commercial vehicles, i.e. tow trucks, tractor trailers, cube vans,
dump trucks, boats, mobile homes, etc.
- and vehicles shall not be
permitted to park in excess of 48 hours at a time;
And
that permits will be issued to those addresses, within the Cornell community,
with more passenger vehicles than parking spaces available, to a maximum of 4
permits;
And
that fees for permit parking shall be as follows:
- $20.00 for the first
vehicle per month
- $20.00 for the second
vehicle per month
- $35.00 for the third
vehicle per month
- $50.00 for the fourth
vehicle per month
And
that the Town reserves the right to revoke permits at its sole discretion;
And
further that, all residents in the Cornell area be notified of the permanent
permit parking program.
DEFERRED
(See following motion to defer)
Moved by Councillor J. Heath
Seconded by Councillor A. Chiu
That
Clause (3), Report No. 39 - Environment & Transportation Committee be
deferred in order that the Ward Council may meet with the local residents and
report back to the Council meeting to be held on June 26, 2001.
(See
By-law 2001-132)
CARRIED
(4) 2001
ASPHALT RESURFACING PROGRAM (5.10)
That
the list of streets included in the Roads Department's proposed 2001 Asphalt
Resurfacing Program, as detailed in this report, be approved;
And
that the firm Infrastructure Management Systems Ltd., be commissioned to
undertake the roads assessment and data input for 2001, to an upset limit of
$40,000 funded from the Roads Department's approved 2001 Capital Budget account
050 6150 2232 005.
(5) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF ENVIRONMENT &
TRANSPORTATION
COMMITTEE MEETING – MAY 14,
2001 (16.0)
CARRIED
6(e) REPORT NO. 40- DEVELOPMENT SERVICES
COMMITTEE
Council
consented to separate Clauses (1), (5), and (9).
Moved
by Councillor D. Horchik
Seconded
by Regional Councillor T. Wong.
That
Report No. 40 -Development Services Committee be received and adopted.
To
the Mayor and Members of Council:
The
Development Services Committee reports and recommends as follows:
(1) SCIBERRAS
ROAD SOUTH PRECINCT PLAN
SOUTH SIDE OF HWY # 7,
OPPOSITE SCIBERRAS ROAD, FROM
SHERIDAN NURSERIES TO THE
C.N.R. (5.10)
Clause (1) was amended and, as amended was CARRIED
as follows
That the General Principles
entitled ‘Sciberras Road South Precinct Plan’, a copy of which is attached to
the original Council minutes on file in the Office of the Town Clerk, be
amended by adding a traffic principle under the Street System Principles and
amending the Open Space principle referring to the suggested limit of
development as follows;
Add under Street System Principles:
·
The street system should protect the
residential community north of Highway 7 from traffic infiltration through
mitigation measures such as: by-law prohibition on north-south through traffic
across Highway 7; construction of channelization islands; and/or, traffic
calming measures on Sciberras Road and any other measures identified through
the Traffic Infiltration Study conducted by BA Consultants. Such measure will be considered prior to
finalizing the design of Highway 7/Sciberras Road intersection.
Amend under
Open Space Principles:
·
Protect valleylands and enhance the Rouge
Park through conveyance to the Town of Markham of valleylands and an
environmental buffer, as a condition of development approval. Based on Rouge North Management Plan and
environmental analysis undertaken in the preparation of the Precinct Plan, the
limit of development as a minimum, on the north side of the Rouge River should
be based upon the greater of: 10 m setback from the stable top of bank, or predicted
stable top of bank; or 10 m setback from the edge of significant contiguous
vegetation; or the 350-year floodline.
As a minimum, on the south side it should be based upon the greater of:
10 m setback from the stable top of bank, or predicted stable top of bank; or
10 m setback from the edge of significant contiguous vegetation; or 10 m
setback from the regional floodline.
Protection of the valleylands should have regard for the Rouge
Management Plan. A new public park,
incorporating an existing woodlot, is also proposed to be created on tableland
adjacent to the Rouge River.
And that the
“Sciberras Road South Precinct Plan” and the accompanying General Principles,
be received and released for public comment;
And that staff be directed to
provide information meeting/open house to present the Sciberras Road South
Precinct Plan to the affected landowners and the public;
And that the ‘Sciberras Road
Extension and Reverside Drive Needs and Justification and Evaluation of
Alternative Alignments Report’ prepared by iTrans, Consulting Inc. (December
2000), be received and referred to the Engineering Department for utilization
in the Class Environment Approval Process of finalizing the future alignment of
the Sciberras Road extension;
And that a working group be
formed to review and make recommendations as to any potential traffic
infiltration to the existing Unionville community, and appropriate mitigating
measures;
And that the letters from Lind Urban Land Management on behalf of
Sheridan Nurseries, Mr. Murphy Hall and Mr. James Harlow, be received.
CARRIED AS AMENDED
(See Motion to
amend.)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That Clause (1) be amended to add the
following:
That the General Principles
entitled ‘Sciberras Road South Precinct Plan’, a copy of which is attached to
the original Council minutes on file in the Office of the Town Clerk, be
amended by adding a traffic principle under the Street System Principles and
amending the Open Space principle referring to the suggested limit of
development as follows;
Add under Street System Principles:
·
The street system should protect the
residential community north of Highway 7 from traffic infiltration through
mitigation measures such as: by-law prohibition on north-south through traffic
across Highway 7; construction of channelization islands; and/or, traffic
calming measures on Sciberras Road and any other measures identified through
the Traffic Infiltration Study conducted by BA Consultants. Such measure will be considered prior to
finalizing the design of Highway 7/Sciberras Road intersection.
Amend under
Open Space Principles:
·
Protect valleylands and enhance the Rouge
Park through conveyance to the Town of Markham of valleylands and an
environmental buffer, as a condition of development approval. Based on Rouge North Management Plan and
environmental analysis undertaken in the preparation of the Precinct Plan, the
limit of development as a minimum, on the north side of the Rouge River should
be based upon the greater of: 10 m setback from the stable top of bank, or
predicted stable top of bank; or 10 m setback from the edge of significant
contiguous vegetation; or the 350-year floodline. As a minimum, on the south side it should be based upon the
greater of: 10 m setback from the stable top of bank, or predicted stable top
of bank; or 10 m setback from the edge of significant contiguous vegetation; or
10 m setback from the regional floodline.
Protection of the valleylands should have regard for the Rouge Management
Plan. A new public park, incorporating
an existing woodlot, is also proposed to be created on tableland adjacent to
the Rouge River.
And that staff be directed to
provide information meeting/open house to present the Sciberras Road South
Precinct Plan to the affected landowners and the public;
And that the ‘Sciberras Road
Extension and Reverside Drive Needs and Justification and Evaluation of
Alternative Alignments Report’ prepared by iTrans, Consulting Inc. (December
2000), be received and referred to the Engineering Department for utilization
in the Class Environment Approval Process of finalizing the future alignment of
the Sciberras Road extension;
And that a working group be
formed to review and make recommendations as to any potential traffic
infiltration to the existing Unionville community, and appropriate mitigating
measures;
CARRIED
(2) TELUS
CELL TOWER (10.0)
That staff be
authorized to approve the application submitted by Telus, for a
telecommunications tower on the property of Angus Glen, north of Major
Mackenzie Dr., east of Kennedy Rd.
(3) MARKHAM
TRAILS LIMITED PARTNERSHIP
LOTS 114 TO 135, DRAFT PLAN
19T-95073, BERCZY VILLAGE
ZONING BY-LAW AMENDMENT TO
MODIFY STANDARDS FOR
PRIVATE GARAGES (ZA.00-246387)
(10.5)
That a Public
Meeting be held to consider the zoning application (ZA.00-246387) by Markham
Trails Limited Partnership, Lots 114 to 135, Draft Plan 19T-95073, Berczy
Village, to modify standards for private garages attached to the rear of the
main dwelling;
And that the
zoning amendment application be denied with respect to zoning revisions
requested to permit private garages attached to the side of the main dwelling.
(4) ACCEPTANCE FOR
MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS REGISTERED PLAN NUMBERS:
65M-3242 (MATTAMY, AT 16TH AVENUE AND MCCOWAN ROAD) AND 65M-3168
(MCGREGOR DEVELOPMENTS, AT 16TH AVENUE
AND STONEBRIDGE) FILE: 10.7
That the
services in Subdivisions, Registered Plan Numbers 65M-3242 (Mattamy, at 16th
Avenue and McCowan Road) and 65M-3168 (McGregor Developments at 16th
Avenue and Stonebridge) be accepted;
And that
by-laws be enacted by Council to accept these subdivisions and to establish
each of the roads within the residential subdivision as a public highway of the
Town of Markham;
And that the
Community Services Commission assume the responsibility for operating and
maintaining the infrastructure within the Subdivisions as part of the Town's
system;
And that
acceptance of the Subdivisions 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 Traffic By-law # 105-71, by including a
maximum speed of 40 kilometers per hour to the streets indicated be approved;
And that the
by-law to amend Schedule "1" of the Parking By-law # 336-88, by
including a no parking zone 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.
(See
By-law Nos. 2001-133 to 137)
(5) HOOPP REALTY, 3760
& 3762 14TH AVENUE
REZONING APPLICATION TO PERMIT A RESTAURANT
(ZA.00-239339) (10.5)
That rezoning application (ZA 00-239339) to amend By-law 108-81, as
amended, submitted by Hoopp Realty to permit a restaurant at 3760 and 3762 14th
Avenue, be approved and the amending Zoning By-law be enacted after the site
plan agreement with the Town has been amended to include the following:
1. Provision for the property owner to direct employees to park
underground so as to free up more surface parking for visitors at 3760 and 3762
14th Avenue, to the satisfaction of the Town;
2. Provisions requiring the owner of 3760 and 3762 14th
Avenue to implement, to the satisfaction of the Town in consultation with the
Owner of the adjacent property to the east, appropriate measures to ensure that
the 33 surface parking spaces reserved for use by the adjacent property (3780
14th Avenue) are available for use by the employees of that property
if required; and
3. Provision requiring internal garbage
storage for the proposed restaurant.
(See
By-law 2001-141)
CARRIED
(6) DOWN
UNDER, 5221 HWY. # 7
APPLICATION FOR WALL SIGN
VARIANCE (01-101932) (2.16.2)
That the
application file number 01-101932 submitted by Down Under for wall sign
variances for 5221 Highway 7 to permit an increase in maximum sign area to 9.65
m2 and to permit a second sign be approved, subject to the owner
providing a signed Sign Variance Undertaking.
(7) PLACES OF WORSHIP STUDY
TERMS OF REFERENCE (M1 441) (10.8)
That the Terms
of Reference for hiring a consultant to undertake the Places of Worship study
be endorsed;
And that staff
be authorized to invite consultant proposals and to receive proposals from any
other interested consultants, to oversee consultant selection including
conducting interviews of candidates, and report back to Development Services
Committee at its meeting on July 9, 2001 regarding the recommended consultant
selection, the final study budget and schedule;
And that any
members of the Development Services Committee wishing to participate in the interview
process contact the Director of Planning to obtain the schedule for the
interviews, once established.
And further
that the first priority of the Study be to review the applications for Official
Plan amendment and rezoning submitted by the Al Hussain Foundation to permit a
mosque at 10992 Kennedy Road, and that the applications be considered by
Development Services Committee no later than October, 2001.
(8) RECENT
FEDERAL ANNOUNCEMENT PERTAINING TO
THE PROPOSED PICKERING AIRPORT
SITE (13.5.2)
That the
Minister of Transport and the Greater Toronto Airports Authority be requested
to include the Town of Markham in future discussions regarding the Federal
lands in Markham comprising part of the proposed Pickering Airport Site,
including any matters relating to the Oak Ridges Moraine, the Rouge Park,
planning for an airport or the sale, transfer or other disposition of the
lands.
(9) ANGUS
GLEN GOLF 2000 LIMITED
SITE PLAN AGREEMENTS FOR GOLF
COURSE EXPANSION
AND CLUB HOUSE ADDITION (10.6)
That the
request by Angus Glen Golf 2000 Ltd. to execute two separate Site Plan
agreements; one for the golf course expansion and one for the clubhouse
addition, be approved;
And that the
Chair, Ward Councillor, and Commissioner of Development Services negotiate with
the applicant to finalize a commitment from Angus Glen to determine a location
for the public pathway prior to the May 22, 2001 Council meeting;
And that the
Chair, Ward Councillor, and Commissioner of Development Services negotiate with
the applicant to finalize a commitment from Angus Glen, prior to the May 22,
2001 Council meeting, to determine a location for the public pathway;
And that the
applicant finalize and submit a detailed location for the public pathway system
to the satisfaction of the Commissioner of Development Services by September 4,
2001.
DEFERRED
(See following motion to defer)
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That
Clause 9 be deferred and referred to Mayor Cousens, Councillors Horchik and
McKelvey and staff to continue negotiations with Angus Glen within the next 24
hours regarding conditions for the site plan agreement with Angus Glen for the
clubhouse, golf course expansion and
pathway system;
And
that a telephone poll be taken of all Members of Council before finalization of
the conditions of site plan agreement;
And
further that if the negotiating committee fails to reach an agreement with
Angus Glen, the matter be referred to the Council meeting to be held on June
12, 2001.
CARRIED AS AMENDED
(See motion to amend.)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That the motion to defer Clause (9) be
amended to add the following:
And that a telephone poll be taken of all
Members of Council before finalization of the conditions of site plan
agreement.
CARRIED
(10) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – MAY 15,
2001 (16.0)
CARRIED
7. MOTIONS
(1) RESOLUTION FROM
TOWNSHIP OF ESSA -
PHOTO RADAR PROGRAM (13.5.1)
Moved
by Councillor J. Heath
Seconded
by Councillor K. Usman
That the resolution passed by the Corporation of the
Township of Essa to request the Premier of Ontario to reinstitute the photo
radar program on all Major Provincial highways in an effort to reduce motor
vehicle accidents and resulting injuries and deaths, be endorsed.
MOTION
DEFEATED
(2) RESOLUTION
FROM CITY OF PICKERING - FUNDING
OF CARRUTHERS CREEK AND
DUFFINS CREEK WATERSHED (13.5.2)
(3) SPECIAL
COUNCIL MEETING
ANGUS GLEN - SITE PLAN
CONDITIONS (16.23)
Moved by
Councillor G. McKelvey
Seconded by
Councillor D. Horchik
That, if
required, a Special Council Meeting be held on Friday, May 25, 2001 at 8:00
a.m. to give consideration to the conditions of site plan approval for the
clubhouse, golf course and pathway system at Angus Glen.
CARRIED
8. COMMUNICATIONS
That Council receive and
consent to the disposition of communications in the following manner:
Received
184-2001 Faculty of Arts and
Science, University of Toronto – Forwarding the Proceedings of the conference
Gridlock – A Deterrent to Economic Growth: Solutions for Tomorrow. (13.0)
185-2001 Minister of Energy,
Science & Technology – Announcement regarding the conditions necessary to
open Ontario's electricity market to competitors in May 2002. (13.2)
186-2001 Corporation of the
Township of Essa – Forwarding resolution requesting the Premier of Ontario to
reinstitute the photo radar program on all major Provincial highways in an
effort to reduce motor vehicle accidents and resulting injuries and deaths.
(13.5.1)
187-2001 County of Brant –
Forwarding resolution requesting the Association of Municipalities of Ontario
to lobby the Ministry of Health to initiate the standardization of
cross-municipality ambulance services costs. (13.5.1)
188-2001 Association of
Municipalities of Ontario – Requesting nominations to the 2001-2002 AMO Board
of Directors. (13.12.2)
189-2001 Association of Municipalities
of Ontario – Forwarding summary of some of the results of the April 27, 2001
AMO Board of Directors meeting. (13.12.2)
190-2001 City of Pickering –
Forwarding resolution with respect to seeking the support of the municipal and
regional partners involved as well as the Toronto Region Conservation Authority
in requesting that Transport Canada become a full partner in the study of the
Carruthers Creek and Duffins Creek Watershed areas. (13.5.2)
191-2001 City of Mississauga –
Resolution requesting the Minister of Municipal Affairs and Housing to enter
into substantive consultation with all municipalities prior to introducing
legislation arising from the recommendations of the Building Regulatory Reform
Advisory Group. (13.5.2)
192-2001 Municipal Electric
Association – Forwarding information regarding the settlement approval hearing
on the Class Proceeding against Ontario Hydro. (13.2)
193-2001 Ministry of Municipal
Affairs and Housing – Forwarding information on Interim Report on Affordable
Housing.(13.2.5)
194-2001 Region of York –
Advising of the Public Meeting of the Regional Transportation and Works
Committee being held on June 14, 2001 to provide the public with an opportunity
to comment on the assumption of the proposed local sewage collection system in
King City as a Regional truck sewer. (13.4)
195-2001 Region of York –
Advising of the appointments of the Solid Waste Management Public Liaison
Committee (13.4)
196-2001 Region of York –
Forwarding status update on the progress of the York Region Transit Marketing
and Communication Program. (13.4)
197-2001 Region of York –
Forwarding status update on the progress of the 2001 York Region Bus Driving
Championship, which has been held annually for several years between the former
municipal transit agencies in York Region. (13.4)
198-2001 Region of York –
Forwarding a copy of the Environmental Study Report (ESR) for the proposed
widening of Warden Avenue from Steeles Avenue to Major Mackenzie Drive, Town of
Markham. (13.4)
199-2001 Borden Ladner Gervais
LLP – Forwarding Ontario Energy Board's acknowledgement of receiving the
letters of withdrawal of the Corporation of the City of Brampton and Hydro One
Inc. from the "Amalco" proceedings and the Newmarket Hydro letter of
withdrawal from the Brampton/Hydro One proceedings. (13.7)
200-2001 William C. Lazenby –
Submitting the Procedural Order No. 1 of the Ontario Energy Board regarding the
licence for an amalgamated electricity distribution company to distribute
electricity in Aurora, Markham, Newmarket, Richmond Hill, and Vaughan and leave
for an incorporated holding company to acquire the securities of the
amalgamated electricity distribution company. (13.7)
Referred to all Members of
Council
201-2001 Proclamation –
Salvation Army Red Shield Month – May, 2001 (3.4)
202-2001 Liquor Licence
Application – Request to complete the Municipal Information form for The
Friendly Greek, 5308 Highway No. 7, Unit 1, Markham (indoor & outdoor).
(3.21)
203-2001 Liquor Licence
Application – Request to complete the Municipal Information form for Zoies
Restaurant, 9582 Markham Road, Markham (indoor). (3.21)
204-2001 Liquor Licence
Application – Request to complete the Municipal Information form for Toogood
Café, 142 Main Street Unionville. (indoor & outdoor). (3.21)
205-2001 Liquor Licence
Application – Request to complete the Municipal Information form for Emcee
Restaurant & Pub, 8375 Woodbine Avenue, Markham (indoor). (3.21)
209-2001 Supplementary report
dated May 22, 2001 from the Community Services Commission regarding funding for
the audible pedestrian signal. (5.12)
(Clause 2, Report No. 39, Environment & Transportation Committee)
Referred to Commissioner of
Corporate Services
206-2001 Steve Tonner, 62
Brooklyn Crescent – Forwarding a copy of affidavit with respect to the
Assessment Review Board hearing. (7.1)
Referred to Commissioner of
Development Services
207-2001 Richard D. B. Talbot,
President, The Village of Unionville Property Owners Association – Submitting
concerns with respect to the redevelopment of the Stiver Mill property at 9
Station Lane. (10.5)
208-2001 Peter K. MacLeod -
Submitting criteria to be included in the new Markham sign by-law. (2.16)
210-2001 Mr. Mike Papadimos
expressing concerns with respect to the rezoning application by Hoopp Realty to
permit a restaurant at 3760 & 3762 14th Avenue. (10.5)
CARRIED
9. BY-LAWS
Council consented to add
By-law Nos. 2001-141 and 2001-142.
Council consented to defer
By-law Nos. 2001-125 and 2001-132.
Moved by Councillor A.
Chiu
Seconded by Councillor D.
Horchik
That By-laws 2001-128 to
2001-131 and 2001-133 to 2001-142 be given first and second reading.
CARRIED
Moved by Councillor A.
Chiu
Seconded by Councillor D.
Horchik
That Clause 2.20 of By-law 2001-1 be suspended for
the purpose of giving By-laws 2001-128 and 2001-131 three readings.
CARRIED
Moved by Councillor A.
Chiu
Seconded by Councillor D.
Horchik
That By-laws 2001-128 to
2001-131, 2001-141 and 2001-142, 2001-118 to 2001-124 and 2001-126 be given
third and final reading.
CARRIED
Three Readings
BY-LAW 2001-128 A
by-law to authorize road closures for 2001 Canada Day Parade and Celebrations
being held at Milne Park.
(Clause 1, Report No. 36)
BY-LAW 2001-129 A by-law to amend By-law 177-96, as amended (Williamstown, Phase
3, Plan 19T-099002, Berczy Village, Part of Lot 18, Concession 6 – To remove
Holding provision).
(Council Meeting No. 12, 2001)
BY-LAW 2001-130 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Block 59, Plan 65M-3459, designated as Parts 1 to
10 both inclusive on Plan 65R-23666; Block 62, Plan 65M-3459, designated as
Parts 1 to 10 both inclusive on Plan 65R-23619; Block 63, Plan 65M-3459,
designated as Parts 1 to 10 both inclusive on Plan 65R-23620; Block 66, Plan
65M-3459, designated as Parts 11 to 20 both inclusive on Plan 65R-23620).
(Council Meeting No. 12, 2001) (Deputy Mayor Abstained)
BY-LAW 2001-131 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lots 98 and 99, Plan 65M-3044, designated as Part 115,
on Plan 65R-20995; Part of Lot 98, Plan 65M-3044, designated as Part 116, on
Plan 65R-20995; Part of Lot 100, Plan 65M-3044, designated as Part 117, on Plan
65R-20995; Part of Lots 100 and 101, Plan 65M-3044, designated as Part 118, on
Plan 65R-20995; Part of Block 211 (walkway), Plan 65M-3044, designated as Part
121, on Plan 65R-20995 – Clifton Court)
(Council
Meeting No. 12, 2001)
BY-LAW 2001-141 A by-law to amend Zoning By-law 108-81, as
amended (Hoopp Realty, 3760 & 3762 14th Avenue – To permit the
establishment of a restaurant/café.)
(Clause 5, Report No. 40)
BY-LAW 2001-142 A by-law to confirm the proceedings of the
Council meeting of May 22, 2001.
(Council Meeting No. 12, 2001)
Two Readings
BY-LAW 2001-132 A by-law to amend Parking By-law 336-88, as amended (Permit
parking – Cornell Community).
(Clause 3, Report No. 39) DEFERRED
BY-LAW 2001-133 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-3168 as public highways, Part of Lot 16, Concession 6 (B.
McGregor Developments Limited - Irish Rose Drive, Stonebridge Drive, Briar Path
Lane, Trail Ridge Lane and Bridlefield Lane)
(Clause 4, Report No. 40)
BY-LAW 2001-134 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-3242 as public highways, Part of Lot 16, Concession 6 (Mattamy
(Sixteenth) Limited – Briarhall Crescent and Brooksmill Lane)
(Clause 4, Report No. 40)
BY-LAW 2001-135 A by-law to amend Traffic By-law 106-71, as amended (Compulsory
stops – Plan 65M-3242 and Plan 65M-3168)
(Clause 4, Report No.40)
BY-LAW 2001-136 A by-law to amend Speed By-law 105-71, as amended (Maximum speed
of 40 km – Plan 65M-3242 and Plan 65M-3168)
(Clause 4, Report No. 40)
BY-LAW 2001-137 A by-law to amend Parking By-law 336-88, as amended (Parking zone
on the streets – Plan 65M-3242 and Plan 65M-3168)
(Clause 4, Report No.40)
BY-LAW 2001-138 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lot 10, Concession 4, designated as Part 13, on Plan
65R-22481 – South Town Centre Boulevard)
(Council Meeting No. 12, 2001)
BY-LAW 2001-139 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Block 261, Plan 65M-1931, designated as Part 12, Plan
65R-22181 – Greencroft Crescent)
(Council Meeting No. 12, 2001)
BY-LAW 2001-140 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 79, Plan 65M-2926 – Burndenford Crescent)
(Council Meeting No. 12, 2001)
Third and Final reading
BY-LAW 2001-118 A by-law to designate a certain property as being of Historic
and/or Architectural Value or Interest - The Benjamin Marr House.
(Clause 5 of Report No. 16, 2001)
BY-LAW 2001-119 A by-law to designate a certain property as being of Historic
and/or Architectural Value or Interest - The John Hoover House.
(Clause 6 of Report No. 16, 2001)
BY-LAW 2001-120 A by-law to designate a certain property as being of Historic
and/or Architectural Value or Interest - The William Wonch House.
(Clause 6 of Report No. 20, 2001)
BY-LAW 2001-121 A by-law to authorize the execution of a Release and Abandonment
of a Sanitary and Storm Sewer Easement (Part of Lot 19, Concession 6,
designated as part 3, Plan 65R-21791 and registered as Instrument No.
LT1451856).
(Clause 7 of Report No. 30, 2001)
BY-LAW 2001-122 A by-law to authorize the execution of a Temporary Transfer of
Easement to Bell Canada for the Bell Canada Dslam Project over a Town reserve
along Bayview Avenue (Part of Block HHH, Plan 7695, designated as Part 2, Plan
65R-23113).
(Clause 8 of Report No. 30, 2001)
BY-LAW 2001-123 A by-law to amend Traffic By-law 106-71, as amended (South
Unionville – Sabiston & Village Green Community Road Openings.
(Clause 3 of Report No. 31, 2001)
BY-LAW 2001-124 A by-law to amend Traffic By-law 106-71, as amended (Traffic
control signal at the intersection of Denison Street and Townley Avenue).
(Clause 4 of Report No. 31, 2001)
BY-LAW 2001-125 A by-law to amend Parking By-law 336-88, as amended (overnight
on-street parking for vehicles that have been issued a permit on Tamarack
Drive, Inverlochy, and Normark Drive).
(Clause 7 of Report No. 31, 2001) DEFERRED (See By-law 2002-2)
BY-LAW 2001-126 A by-law to authorize the closing of Elgin Mills Road between
Highway 48 and McCowan Road to facilitate the Markham Fair - September 27 to
30, 2001.
(Communication No. 177-2001)
10. ADJOURNMENT
Moved by Councillor A.
Chiu
Seconded by Councillor K.
Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:05 p.m.
______________________________ __________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR