2005-10-25

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (6:20 p.m.), Councillor G. McKelvey, Councillor J. Webster, 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)        Cranford Developments Ltd., 9982 Highway 48, Wismer Commons Community Site Plan Approval for a Gas Bar, Car Wash and Drive Through Restaurant (Sc 04 021259) (10.6)

(2)        Adult Video Stores - 1 Masseyfield Gate (2.11)

(3)        Draft Revised Rouge North Management Area/Greenbelt Official Plan Amendment & Repeal of Official Plan Amendment No. 116 (10.3)

(4)        173-T-05 Angus Glen Community Centre & Library (AGCC&L) Parking Lot Expansion (6.6)

(5)        Days off Between Christmas & New Year's (11.0)

(6)        Loblaw Properties Ltd., Ontario Municipal Board Appeal, 2938 Major Mackenzie Drive (13.13)

 

CARRIED

 

 

The Regular Meeting of Council was held on October 25, 2005 at 7:06 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (13)

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

S. Birrell, Town Clerk

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None 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 reported the following motions passed at the Committee of the Whole meeting:

 

(1)        CRANFORD DEVELOPMENTS LTD.
            9982 HIGHWAY 48, WISMER COMMONS COMMUNITY
            SITE PLAN APPROVAL FOR A GAS BAR, CAR WASH
            AND DRIVE THROUGH RESTAURANT (SC 04 021259) (10.6)

            Report    Info

 

That the Site Plan application (SC 04-021259) submitted by Cranford Developments Ltd. for a  gas bar, car wash and drive through restaurant at 9982 Highway 48, be endorsed for approval, with the following conditions:

 

1.         That final site plan, building elevation and landscape drawings be submitted to the satisfaction of the Commissioner of Development Services;

 

2.         That the letter dated October 20, 2005 from Don Dussault of Imperial Oil Limited entitled, “Imperial Oil site at S/W corner of Hwy #48 and Major MacKenzie Drive, Markham, ON”, be received;

 

3.         That the Owner enter into a site plan agreement with the Town containing, in addition to all standard and special provisions and requirements of the Town and public agencies, the following provisions:

 

a.         provisions to ensure that the Owner maintains, at his expense, the section of the realigned Mount Joy Creek located within the subject property and further that in the event the watercourse is not maintained to the satisfaction of the Town, that the Town can enter onto the lands, clean the site, and charge back the costs associated with the clean up to the owner on his tax bill(s).

 

b.         that the approved landscape plan for the Mount Joy Creek be secured in the site plan agreement.

 

c.         provisions to secure the Owner’s financial and other obligations for the required upgrading of the Markham Road culvert to the satisfaction of MTO and the TRCA.

 

d.         that the Owner and the gas bar operator covenant and agree that the gas bar will provide “full pump service” in addition to “self pump service” at this location, between the hours of 7:00 A.M. and 7:00 P.M. seven days per week, and to install signage to this effect, for a period of not less than two (2) years.

 

4.         That prior to execution of the site plan agreement, the following items be submitted to the satisfaction of the Commissioner of Development Services;

 

a.         a release from the Trustee of the Wismer Commons Developers’ Group (OPA No. 37) confirming that the Owner has contributed its proportionate share of the costs required by the Developer’s Group Agreement.

 

b.         a maintenance easement to the Town over the portion of the reconfigured Mount Joy Creek to ensure that the watercourse is properly maintained by the property owner and water flow is not restricted, and to allow the Town the right of access to perform any necessary inspections and remedial works. 

 

5.         And that a site plan agreement be executed prior to final site plan approval;

 

6.         And further that this site plan approval shall lapse after a period of three years commencing October 25, 2005 in the event a site plan agreement is not executed within that period.

 

(2)        ADULT VIDEO STORES
            1 MASSEYFIELD GATE (2.11)

            Report

 

That the memorandum dated October 25, 2005 providing information regarding the permitted uses and restrictions at 1 Masseyfield Gate, be received.

 

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 MINUTES
            - OCTOBER 11, 2005

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the Minutes of the Council Meeting held on October 11, 2005, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

Council consented to add Presentations (1) and (2).

 

(1)        SYMPATHY - PASSING OF CLIFF MOSS (12.2.6)

 

Council announced with sadness, the passing of Cliff Moss.  Mr. Moss was a long time business owner, volunteer with service clubs and had a great sense of humour.  A moment of silence was observed.  Council requested that a letter of sympathy be forwarded to his family.

 

 

(2)        SYMPATHY – KIYOSHI THOMAS TSUBOUCHI (12.2.6)

 

Council announced with sadness, the passing of Kiyoshi Thomas Tsubouchi in a tragic hit and run accident.  Kiyoshi Tsubouchi was the Father of David Tsubouchi, former MP for the Town of Markham.  A moment of silence was observed.  Council requested that a letter of sympathy be forwarded to his family.

 

5.         DELEGATIONS

 

Council consented to add Delegations (1).

 

(1)        Martin Mahoney, representing the Slovak Greek Catholic Church Foundation, in support of preserving the vision for the Cathedral of the Transfiguration of Our Lord area and Cathedraltown. (10.0)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That Council recess into Committee of the Whole at 7:12 p.m.;

 

And that Council re-convene at 8:30 p.m.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Regional Councillor B. O'Donnell

Seconded by Councillor J. Virgilio

 

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:

 

 

(3)        DRAFT REVISED ROUGE NORTH MANAGEMENT AREA/
            GREENBELT OFFICIAL PLAN AMENDMENT AND REPEAL
            OF OFFICIAL PLAN AMENDMENT NO. 116 (10.3)

            Report     Memo 1    Memo 2  

 

That the deputation of Jim Robb, Friends of the Rouge Watershed, in support of and offering comments on the draft revised Rouge North Management Area and the supporting documents be received;

 

And that the letters dated October 9 and October 17, 2005 from Patricia Foran, Aird & Berlis, Barristers and Solicitors, on behalf of her clients, expressing concerns about the proposed repeal of By-law 2003-299 and proposed new Official Plan Amendment to replace OPA 116 be received;

 

And that the letters dated October 10 and October 18, 2005 from Randolph Smith, Barrister and Solicitor, on behalf of his clients, in favour of the repeal of Official Plan Amendment No. 116 and in opposition to the adoption of the proposed replacement Official Plan Amendment be received;

 

And that the letter dated October 24, 2005 from the Rouge Park Alliance advising the revised draft Rouge North Management Area/Greenbelt Official Plan Amendment is acceptable to them and requesting to be advised when it has been approved by the Town of Markham and the Region of York, be received;

 

And that the memorandum dated October 11, 2005 addressing the concerns expressed by Jim Robb, Friends of the Rouge Watershed, be received;

 

And that the staff report entitled “Draft Revised Rouge North Management Area/Greenbelt Official Plan Amendment and Repeal of Official Plan Amendment No. 116”, dated October 11, 2005, be received;

 

And that Appendix A to the October 11, 2005 Council report be replaced with the revised draft Rouge North Management Area/Greenbelt Official Plan Amendment, dated October 25, 2005;

 

And that the record of the Public Meeting held on September 6, 2005 with respect to the proposed amendment to the Official Plan be received;

 

And that the draft Rouge North Management Area/Greenbelt Official Plan Amendment attached as revised Appendix A, be adopted;

 

And that the draft by-law, repealing by-law 2003-299 adopting OPA No. 116, attached as Appendix ‘B’, be passed to come into effect on the date that the Region of York issues a Notice of Decision approving the Rouge North Management Area/Greenbelt Official Plan Amendment;

 

And that the Region of York be forwarded the Rouge North Management Area/Greenbelt Official Plan Amendment for approval;

 

And that the Town of Markham endorse the ‘Rouge North Implementation Manual’, attached as Appendix ‘C‘ to the report received by Council on July 8, 2003, such endorsement to take effect upon final approval of the Rouge North Management Area/Greenbelt Official Plan Amendment;

 

And further that the Province of Ontario, Region of York, Region of Durham, Rouge Park Alliance, Toronto and Region Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering and City of Toronto be provided with a copy of the report and notice of adoption of the Official Plan Amendment.

(By-laws 2005-289 & 2005-290)

 

(4)        173-T-05 ANGUS GLEN COMMUNITY CENTRE
            AND LIBRARY (AGCC&L) PARKING LOT EXPANSION (6.6) 

Report

 

That the report entitled "173-Y-05 Angus Glen Community Centre and Library (AGCC&L) Parking Lot Expansion" be received;

 

And that tender 173-T-05 Angus Glen Community Centre and Library (AGCC&L) Parking Lot Expansion be awarded to the lowest priced bidder, Ashland Paving Ltd. In the amount of $226,588.79 exclusive of GST and inclusive of $15,000 contingency, the use of which will be guided by the Expenditure Control Policy;

 

And that Council pre-approve the 2006 Capital Budget project Angus Glen Parking Lot in the amount of $260,000.

 

 

(5)        DAYS OFF BETWEEN CHRISTMAS AND NEW YEAR'S (11.0)

 

That the Town of Markham be closed Monday, December 26 and Tuesday, December 27, 2005 for Christmas Day and Boxing Day;

 

And that the Town operate on a skeleton basis on Wednesday, December 28, Thursday, December 29 and Friday, December 30, 2005;

 

And that the Town of Markham be closed on Monday, January 2, 2006 for New Year's Day;

 

And that the Town of Markham return to full operations on Tuesday, January 3, 2006.

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

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

 

CARRIED

 

6(a)      REPORT NO. 34 - GENERAL COMMITTEE

 

Council consented to separate Clauses (1), (5), (7), (8), (11), and (14).

 

Moved by Councillor K. Usman

Seconded by Councillor A. Chiu

 

That Report No. 34 - General Committee be received and adopted.

 

October 17, 2005

 

(1)        REPORT TO ESTABLISH THE MARKHAM
            PARKING COMMITTEE (16.23 & 2.17)

            Report

 

That the report dated October 17, 2005, entitled “A report to establish the Markham Parking Committee” be received;

 

And that Council endorse the establishment of the Markham Parking Committee;

 

And that Council endorse the role and mandate of the Markham Parking Committee, attached as Appendix A to the report;

 

And that the Markham Parking Committee be constituted as a committee comprising the whole of Council;

 

And further that Council authorize that Town staff resources from the appropriate departments be provided to support the role, mandate and activities of the Committee.

 

DEFERRED

(See following motion to defer)

 

            Moved by Councillor J. Virgilio

            Seconded by Councillor S. Daurio

 

            That Clause (1) Report No. 34 be deferred as follows:

 

            That the report dated October 17, 2005, entitled “A report to establish the Markham Parking Committee” be received;

 

And that the matter be referred back to staff to comment and report back on the possibility of Members of Council and members of the community being appointed as members of this committee;

 

And that Town staff from the appropriate departments be provided as a resource.

 

CARRIED

 

(2)        MARKHAM BOARD OF TRADE MISSION
            CARY, NORTH CAROLINA (10.16)

            Report

 

That the report entitled “Town of Markham and Markham Board of Trade Mission to Cary, North Carolina”, be received;

 

And that Regional Councillor Bill O’Donnell be authorized to represent Council in this trade mission.

 

 

(3)        PURCHASE OF SPONSORSHIP – TORONTO CHINESE
            COMMUNITY SERVICES ASSOCIATION
            ACADIAN BALL – FRIDAY, DECEMBER 2, 2005 (12.2.6)

            Report

 

That a full page ad be purchased and tickets be purchased for Councillors wishing to attend the Toronto Chinese Community Services Association Acadian Ball to a maximum of $3000 – The Gala will be held on Friday, December 2, 2005.at the Metropolitan Centre 3840 Finch Avenue East, Scarborough.

 

 

(4)        PURCHASE OF SPONSORSHIP –12TH ANNUAL
            CHARLES SAURIOL ENVIRONMENTAL DINNER
            OCTOBER 27, 2005 (12.2.6)

            Report

 

That tickets be purchased for Councillors wishing to attend the 12^th Annual Charles Sauriol Environmental Dinner on Thursday, October 27, 2005.  The dinner will be held at the Pearson Convention Centre, 2638 Steeles Avenue E, Brampton, Ontario.

 

 

(5)        REGION OF YORK
INDIVIDUAL ENVIRONMENTAL ASSESSMENT
MARKHAM BY-PASS FROM HIGHWAY 407 TO
MORNINGSIDE ROAD (5.10)

            Report

 

Council consented to a division of the question.

 

That the staff report entitled “Region of York Individual Environmental Assessment, Markham By-pass from Highway 407 to Morningside Avenue” dated October 17, 2005 be received;

 

And that the recommended alignment developed through the Environmental Assessment (EA) for the proposed four-lane arterial road between the Markham By-pass/Highway 407 interchange and Morningside Avenue be endorsed subject to the following conditions:

 

1. the Region report back to the Transportation Committee with an accelerated implementation plan, including any phasing requests;
2. the Region include in the EA report a Noise study addressing issues as they relate to residents on Rouge River Circle and Ridgevale Drive;
3. the Region include in the EA report the evaluation of Bridge Type options for the bridge over the Rouge River, including a single span option;

 

CARRIED

 

And that the Regional Municipality of York be requested to review with the Town of Markham construction of the 4 lane urban road from Highway 407 to the Ninth Line By-pass as part of the Box Grove Phase 2 development;

 

 

And that Town staff be authorized to hold a public meeting when the Box Grove Developer submits an Official Plan Amendment and/or Rezoning Application for the location of a Service Station to the east side of the By-pass, within the Box Grove Secondary Plan area;

 

And that Mr. B. Macgregor, Commissioner of Works, Regional Municipality of York be advised accordingly.

 

CARRIED

 

 

(6)        HIGHWAY 7 RAPID TRANSIT
            ENVIRONMENTAL STUDY REPORT (5.10, 5.14)

            Report

 

That the October 17, 2005 report entitled “Highway 7 Rapid Transit Environmental Study Report” be received;

 

And that Council endorse the findings of the Environmental Assessment Study Report for the Highway 7 Rapid Transit project;

 

And that staff continue to work with Regional and YRTP staff to finalize the design for the rapid transit facility;

 

And that Bruce Macgregor, Commissioner of Transportation and Works for the Region of York and Mary Frances Turner of YRTP be advised of Council’s position.

 

And that staff report back on the location of stations East of Wooten Way.

 

(7)        EAST VALHALLA DRIVE AND COCHRANE DRIVE
            ALL WAY STOP CONTROL (5.12.3)

Report   1    By-law

 

That Schedule 12 of By-law 106-71 for all way stop control be amended to include the intersection of East Valhalla Drive and Cochrane Drive and that the by-law be approved;

 

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

 

And that York Regional Police be requested to enforce the all way stop control upon installation of these signs.

(By-law 2005-300)

 

CARRIED

 

 

(8)        BAYVIEW FOREST LANE
            PROPOSED PARKING PROHIBITION (5.12.4)

Report   1    By-law

 

That the by-law to amend parking regulations on Bayview Forest Lane be approved;

 

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

 

And that the Parking Control Department be requested to enforce the by-law.

(By-law 2005-301)

 

CARRIED

 

 

(9)        OLD KENNEDY ROAD PARKING PROHIBITION (5.12.4)

Report   1    By-law

 

That the by-laws to amend parking regulations on Old Kennedy Road be approved;

 

And that the Operations and Asset Management Department be directed to install the appropriate signs upon approval of the by-laws;

 

And that the Parking Control Department be requested to enforce the by-laws.

(By-law 2005-302)

 

(10)      CORNELL DAYTIME PERMIT PARKING EXTENSION (5.12.4)

Report   1    By-law

 

That Traffic By-law 2005-188, Schedule ‘N’ for “Daytime Permit Parking”, be amended to rescind Country Glen Road and Walkerville Road, between Riverlands Avenue and Settlement Park Avenue, as shown in Attachment B;

 

And that Traffic By-law 2005-188, Schedule ‘C’ for “Prohibited Parking”, be amended to rescind Country Glen Road, as shown in Attachment B;

 

And that Traffic By-law 2005-188, Schedule ‘N’ for “Daytime Permit Parking”, be amended to include Settlement Park Avenue, The Meadows Avenue, Spring Meadow Avenue, Country Glen Road, Walkerville Road and Bur Oak Avenue, as shown in Attachment B;

 

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

 

And that the Parking Control Department be directed to issue the daytime permit parking permits to the respective residents and enforce the by-law.

(By-law 2005-303)

 

 

(11)      KENNEDY ROAD/LEE AVENUE TRAFFIC SIGNALS (5.12.1)

            Report

 

That the report entitled “Kennedy Road/Lee Avenue Traffic Signals” dated October 17, 2005 be received;

 

And that the Region of York be requested to install traffic signals at Kennedy Road/Lee Avenue with left turn prohibitions at Noble Street and 14^th Avenue and at Lee Avenue and Kennedy Road and with the no through prohibition from the North Milliken Mills Community Centre ingress/egress through to Lee Avenue;

 

And that the Milliken Mills Sub-Committee hold a community meeting with the residents of the area within one month and prior to the submission of this recommendation to the Region of York;

 

And that the Town of Markham monitor traffic infiltration after the signal installation and work with Region of York staff to implement any additional measures required to reduce infiltration to the local community;

 

And that Brian Harrison, Director, Roads and Transportation be advised accordingly.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor K. Usman

            Seconded by Councillor A. Chiu

 

            That Clause (11), Report No. 34 be amended to add the word "…within…" after the words "…of the area…" and to add the word "…and…" after the words "…one month…" in paragraph 2.

 

CARRIED

 

 

(12)      REGIONAL MAINTENANCE AND RECONSTRUCTION WORK
            NOISE BY-LAW EXEMPTION AND ROAD CLOSURE (5.10)

            Report

 

That the Region of York be granted exemptions to the Town’s Noise Control By-law 218-86 as follows:

 

• Warden Avenue between McPherson Street and Highway 407
• To expedite the road construction and reduce the duration of traffic impact;
• November 1, 2005 to November 30, 2006;
• Exemption from 1900 hours to 0700 hours Monday night to Saturday morning;
• Subject to:
• Region implementing a traffic management plan;
• Region implementing a communication plan to advise motorists, businesses and residents;
• The work to be carried out during the above hours shall be restricted to asphalt grinding, paving and sewer construction;
• Noise levels emitting from the site must meet Ministry of Environment Guidelines and Town By-law 218-89 (maximum 85 decibels);
• Floodlighting must be adequately shielded to minimize light pollution;
• The Town has the right to rescind the exemption if the Region or its contractor fail to comply with the above conditions;

 

And that Mr. B. Macgregor, Commissioner of Works, Region of York, be advised accordingly.

 

 

(13)      HIGHWAY 48/MAIN STREET MARKHAM
TRANSFER OF JURISDICTION UPDATE (5.10)

            Report

 

That the staff report entitled “Highway 48/Main Street Markham Transfer of Jurisdiction Update” dated October 17, 2005 be received;

 

And that the Mayor’s office arrange a meeting with the Minister of Transportation, Markham’s MPPs, interested Councillors and senior staff to finalize the outstanding issues regarding the transfer of Highway 48 from 16^th Avenue to the Markham By-pass and cancellation of the Connecting Link Agreement.

 

 

(14)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - OCTOBER 17, 2005 (16.0)

 

That the General Committee minutes dated October 17, 2005 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (1) and (2).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor J. Heath

 

That Report No. 35 - Development Services Committee be received and adopted.

 

October 18, 2005

 

(1)        COMMONWEALTH GAMES (12.1)

 

That the Council of Town of Markham supports and endorses York Region’s bid to host the 20^th Commonwealth Games in the year 2014.

 

CARRIED

(See following recorded vote) (11:1)

 

YEAS:             Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (11)

 

NAYS:             Councillor G. McKelvey. (1)

 

ABSENT:        Councillor K. Usman. (1)

 

(2)        INFORMATION REPORT, PICKERING AIRPORT SITE:
            STATUS OF AIRPORT ZONING REGULATIONS AND
            MASTER PLAN PROCESS (13.1)

Report

 

That the report entitled “Information Report, Pickering Airport Site: Status of Airport Zoning Regulations and Master Plan Process”, dated October 18 2005, be received;

 

And that the Federal Government be advised of the Town of Markham’s disappointment in the dissolution of the Green Space Stewardship Advisory Committee (GSSAC), and requests that the Federal Government reinstate a Committee with a similar mandate to the GSSAC to continue to identify local issues and opportunities in the implementation of the Federal Green Space Master Plan.

 

And that the Federal Government be advised that the Town of Markham is concerned about the lack of openness of previous GSSAC meetings, and requests a more open public process, including that quarterly, or otherwise regular updates be provided from the GSSAC, and any other Federal Government Working Groups dealing with the Pickering Airport and Federal Green Space Lands, on the issues before them and their progress;

 

And that the Federal Government be requested to continue to provide protection for transportation connections to  the Pickering Airport, including Provincial Highway, arterial road access, and transit connections,  and monitor decisions made by the Province of Ontario and the Region of Durham in this regard;

 

And that the Federal Government be requested to prepare an implementation program to establish and secure the Rouge Park connection across the Federal Green Space Lands, from the Little Rouge Corridor to the Oak Ridges Moraine, including the potential conveyance into Town or TRCA ownership of the southern portion identified as the “Gap Lands” in the Federal Government Green Space announcement in May 2002, in advance of the Environmental Assessment process for the Pickering Airport;

 

 And further that this resolution be forwarded to the Prime Minister of Canada, the Minister of Transport, local MPs, the Province of Ontario, local MPPs, the Region of York, the Region of Durham, the Rouge Alliance, the City of Pickering and the Town of Whitchurch-Stouffville.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor G. McKelvey

            Seconded by Regional Councillor J. Heath

 

            That Clause (2), Report No. 35 be amended to as follows:

 

            Paragraph 5 - Add the following to the end of the paragraph:

            "…in advance of the Environmental Assessment process for the Pickering Airport".

 

            Paragraph 6 - Add the following to the end of the paragraph:

            "…the City of Pickering and the Town of Whitchurch-Stouffville".

 

CARRIED

 

 

(3)        MARKHAM CENTRE PARKING STRATEGY STUDY
            FINAL REPORT AND RECOMMENDATIONS (10.8)

            Report

That the report dated October 18, 2005, entitled ‘Markham Centre Parking Strategy Study – Final Report and Recommendations’ be received;

 

And that Council endorse, in principle, the Final Report, prepared by  BA Group Transportation Consultants entitled “Parking Strategy For Markham Centre” dated October 2005, which recommends that the Town:

 

·        take an active role in managing a significant portion of the commercial parking supply in appropriate locations within Markham Centre;

 

·        align Markham Centre’s policy and regulatory framework to support the parking strategy;

 

• establish an economic value for the use of parking facilities in Markham Centre;

 

• implement the parking strategy through an organizational structure with a mandate to develop and/or operate public parking facilities; and

 

•  continue to pursue authorization from the Province for Tax Increment Financing as a key financial tool to help fund public parking facilities;

 

And that staff report back to Council with a Business Plan and Implementation Strategy to address opportunities for the Town to take an active role in the provision of parking in support of the Town’s land use planning, urban design and economic development objectives in Markham Centre.

 

 

(4)        FINAL REPORT – HIGHWAY 48,
            16TH AVENUE TO MAJOR MACKENZIE DRIVE
            URBAN DESIGN STUDY (10.8)

Report

 

That the Highway 48: 16^th Ave. to Major Mackenzie Dr. Urban Design Study by Brook McIlroy Inc., dated October, 2005, be received and endorsed;

 

And that the urban design vision and land use guidelines outlined in the Highway 48: 16^th Ave. to Major Mackenzie Dr. Urban Design Study from Brook McIlroy Inc., dated October, 2005, be used in the evaluation of development applications within the Hwy 48 study area;

 

And that staff be authorized to prepare, in consultation with affected landowners, Official Plan, Secondary Plan, and Zoning amendments as required to implement the urban design and land use vision for the Highway 48 corridor, between 16^th Ave. and Major Mackenzie Dr;

 

And that the urban design guidelines replace the existing Wismer Commons Design Guidelines for the commercial lands west of Hwy 48;

 

And that staff be authorized to work with the owners of the lands on the west side of Hwy 48 between Bur Oak Ave. and Major Mackenzie Dr. to determine an appropriate design scenario as proposed in the urban design study;

 

And that the anticipated Environmental Assessment (EA) for Highway 48 evaluate and take into consideration the streetscape design guidelines and recommendations of the Highway 48: 16^th Ave. to Major Mackenzie Dr. Urban Design Study;

 

And that staff continue to pursue negotiations and discussions with the Ministry of Transportation for the transfer of Highway 48 to the Town of Markham in order to facilitate the implementation of the applicable streetscape recommendations resulting from this study.

 

 

(5)        KENNEDY-STEELES HOLDINGS LIMITED
            AND KENNEDY CORNERS REALTY INC.
            7077 KENNEDY ROAD, ZONING BY-LAW AMENDMENT
            FOR COMMERCIAL PURPOSES (ZA 05 015025) (10.5) 

 

That the written submission from Warren D. Kleiner of Miller Thomson, representing the owners of York Region Condominium Corporation No. 890, stating concerns regarding the proposed Zoning By-law Amendment, File ZA 05 015025, submitted by Kennedy Steeles Holdings Limited and Kennedy Corners Realty Inc., for 7077 Kennedy Road, be received;

 

And that the record of the Public Meeting held on October 18, 2005 with respect to “Kennedy- Steeles Holding Limited and Kennedy Corners Realty Inc., Application for Zoning By-law Amendment to rezone lands at the northeast corner of Kennedy Road and Steeles Avenue from Special Commercial (MJC) Zone (File No. ZA 05 015025)” be received;

 

And that the application to amend Zoning By-law 47-85, as amended, be enacted without further notice.

 

 

(6)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – OCTOBER 18, 2005 (16.0)

 

That the Development Services Committee minutes dated October 18, 2005 be received.

 

CARRIED

 

7.         MOTIONS

 

Council consented to add Motions (1) and (2).

 

(1)        CATHEDRALTOWN PRESENTATION (10.0)

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That the presentation by Martin Mahoney, Slovak Greek Catholic Church, in support of preserving the vision for the Cathedral of the Transfiguration of Our Lord area and Cathedraltown, be received.

 

CARRIED

(2/3rd vote to consider was required and obtained)

 

 

(2)        2006 CHINESE NEW YEAR CELEBRATION (3.5)

 

Moved by Councillor K. Usman

Seconded by Regional Councillor J. Heath

 

That Councillor A. Chiu be included in discussion with Mr. J. Wong, Canadian Asian Business Information Network, to hold the 2006 Chinese New Year Celebration at the Markham Civic Centre.

 

CARRIED

(2/3rd vote to consider was required and obtained)

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communications 164-2005.

 

Moved by Regional Councillor J. Heath

Seconded by Councillor E. Shapero

 

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

 

Received

163-2005         Commissioner of Community Services - Forwarding a copy of the letter sent to Mr. Peter MacLeod regarding the pesticide use in Town-owned parks. (5.7)

 

Received and Referred to Staff for a Report Back

164-2005         Minister of Municipal Affairs and Housing - Providing information regarding the qualification for the Ontario Disaster Relief Assistance Program (ODRAP) and advising that it is not appropriate to declare specific areas in the Town of Markham as disaster areas for purposes of ODRAP. (13.2.5 & 3.0)

 

CARRIED

 

 

 

9.         PROCLAMATION

 

(1)        PROCLAMATION (3.4)

 

Council consented to add Proclamation (1).

 

Moved by Councillor E. Shapero

Seconded by Deputy Mayor F. Scarpitti

 

That the following be proclaimed in the Town of Markham:

- 2005 Holocaust Education Awareness Week - October 30 to November 9, 2005.

 

CARRIED

 

 

 

10.       BY-LAWS

 

Council consented to add By-laws 2005-309 and 2005-310 and separate By-law 2005-308.

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That By-laws 2005-289, 2005-290 and 2005-300 to 2005-307 and 2005-309 to 2005-310 be given three readings and enacted.

 

Three Readings

BY-LAW 2005-289    A by-law to repeal Official Plan Amendment No. 116 Adoption By-law 2003-299 (Rouge North Management Area).
(Committee of the Whole Motion - October 25, 2005)

 

BY-LAW 2005-290    A by-law to adopt Official Plan Amendment No. 140 (Rouge North Management Area).
(Committee of the Whole Motion - October 25, 2005)

 

 

BY-LAW 2005-300    A by-law to amend Traffic By-law 106-71 (East Vahalla Drive and Cochrane Drive all way stop control).
(Clause 7, Report No. 34, 2005)

 

BY-LAW 2005-301    A by-law to amend Parking By-law 2005-188 (Parking regulations on Bayview Forest Lane).
(Clause 8, Report No. 34, 2005)

 

BY-LAW 2005-302    A by-law to amend Parking By-law 2005-188 (Old Kennedy Road parking prohibition).
(Clause 9, Report No. 34, 2005)

 

BY-LAW 2005-303    A by-law to amend Parking By-law 2005-188 (Cornell daytime permit parking extension).
(Clause 10, Report No. 34, 2005)

 

BY-LAW 2005-304    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Fram Building Group - Cathedraltown Ltd., west side of Woodbine Avenue between Major Mackenzie Drive and Elgin Mills Road, Lots 8 to 15,  87 to 94 and Blocks 107 to 119, Plan 65M-3830).

 

BY-LAW 2005-305    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Lindvest Properties (Cornell) Limited (1440102 Ontario Inc.), south of Highway 7, east of 9th Line, Blocks 234 to 248, Plan 65M-3840).

 

BY-LAW 2005-306    A by-law to amend Zoning By-law 108-81, as amended (3113396 Canada Inc., 7501 Woodbine Avenue - To add warehousing of goods and materials to the list of permitted uses on the property).
(Clause (1), Report No. 33, 2005)

 

BY-LAW 2005-307    A by-law to amend Zoning By-law 122-72, as amended (1438670 Ontario Inc., 159-159A Main Street Unionville - To remove the (H) Hold provision to permit the construction of a hotel/mixed use building)

 

BY-LAW 2005-309    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Markrose Homes Inc. (Rosehaven Homes), south of Major Mackenzie Drive, east of Roy Rainey Avenue, Lots 14 to 17, 21 to 24, 30 & 31, 36 to 38, 46 to 48, 52 to 55, 63 to 66 and 70 to 72, Plan 65M-3809).

 

 

 

BY-LAW 2005-310    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Block 125, Plan 65M-3794, designated as Part 1, Plan 65R-28408 - Hammersly Boulevard and Part of Block 125, Plan 75M3794, designated as Part 2, Plan 65R-28408 - Ralph Chalmers Avenue.

 

CARRIED

 

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

That Council recess in-camera Committee of the Whole to discuss personnel and legal matters at 9:00 p.m.

 

And that Council re-convene at 11:30 p.m.

 

CARRIED

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE - cont'd

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

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:

 

(6)        LOBLAW PROPERTIES LTD. ONTARIO
            MUNICIPAL BOARD APPEAL
            2938 MAJOR MACKENZIE DRIVE (13.13)

 

That the report titled "Update on Loblaw Properties Ltd. Ontario Municipal Board Appeal – 2938 Major Mackenzie Drive" be received;

 

And that Council authorize staff to implement the settlement authorized at the Council meeting on September 27^th with the following changes:

 

•           Landscaping provided on the Major Mackenzie frontage and the east side of the 404 off-ramp at a minimum of 9 metres on the west (Loblaws) portion of the development parcel, exclusive of any road widening required by the Region of York.

 

•           Contribution for traffic calming or infiltration measures on Nichols Blvd. to be capped at $50,000.00;

 

And that the purchase price for the fire hall site be $350,000.

 

CARRIED

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor J. Heath

 

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

CARRIED

 

 

 

9.         BY-LAWS - cont'd

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That By-law 2005-308 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-308    A by-law to confirm the proceedings of the Council meeting of October 25, 2005.
(Council Meeting No. 18, 2005)

 

CARRIED

 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor D. Horchik

 

That the meeting do adjourn.

 

CARRIED

 

Council adjourned at 11:37 p.m.

 

 

 

 

 

 

_____________________________________      ______________________________________

SHEILA BIRRELL, TOWN CLERK                      FRANK SCARPITTI, DEPUTY MAYOR

(Signed)