2001-06-26 - 7:00 p.m.

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (5:55 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman (5:30 p.m.), Councillor A. Chiu. (11)

 

Moved by Regional Councillor T. Wong

Seconded by Councillor J. Heath

 

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

 

(1)        Amalco

(2)        Compliance Audit Application

(3)        Unionville Home Society

(4)        Development Services Commission Update

(5)        Commercial Lands North of Highway 7 & East of Woodbine Avenue

(6)        Transportation Strategy

 

                                                                                                                                        CARRIED

 

 

 

The Regular Meeting of Council was held on June 26, 2001 at 7:10 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 T. Wong, Councillor S. Daurio (7:42 p.m.), Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)

 

 

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

J. Sales, Fire Chief

S. Birrell, Town Clerk

J. Kee, Committee Clerk

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor S. Daurio disclosed an interest with respect to Clause 2 of the Committee of the Whole with respect to the compliance audit application of Howard Shore's 2000 election campaign expenses, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor Virgilio disclosed an interest with respect to Clause 3 of Report 48 of the Development Services Committee regarding the proposed Architectural Control Guidelines for Kindwin Markham Limited, by nature of representing the owner of Kindwin Markham Limited, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor Alex Chiu

Seconded by Councillor Jack Heath

 

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

 

                                                                                                                                        CARRIED

 

The Committee Clerk reported the following motions passed at the Committee of the Whole meeting:

 

(1)        AMALGAMATION OF HYDRO UTILITIES UPDATE (13.7)

 

That the Mayor and Clerk be authorized to execute an agreement to amend the Amalgamation Participation Agreement dated October 26, 2000 and the draft Shareholders Agreement in a form substantially as attached to the confidential staff report, and that the CAO be authorized to make such other revisions as deemed necessary, in a form satisfactory to the Town Solicitor, as may be necessary to give effect to these recommendations.

CARRIED

 

(2)        COMPLIANCE AUDIT APPLICATION (14.0)

 

That the application for a compliance audit of Howard Shore's 2000 election campaign expenses be rejected.

CARRIED

 

 

(3)        UNIONVILLE HOME SOCIETY (8.4)

 

Whereas the Unionville Homes Society wish to place a trailer on their property to promote their fund raising efforts for a new Alzheimer and Geriatric Care Centre;

 

And whereas the trailer is intended to be located on the property on a temporary basis;

 

And whereas the location of the trailer is shown on an area intended for future parking;

 

Now let it therefore be resolved that:

 

That Unionville Homes Society submit for review and approval of the Commissioner of Development Services a site plan identifying the trailer location, parking, pedestrian access and building elevations;

 

And that access to the facility be provided off the existing driveway and that existing municipal services be utilized for the site;

 

And that the trailer and associated parking be sited in an area which minimizes impacts to existing vegetation; and,

 

That the Mayor and Clerk be authorized to enter into a temporary trailer agreement, not to exceed one year, in a form satisfactory to the Town solicitor.

CARRIED

 

 

(4)        COMMERCIAL LANDS WITHIN THE AREA OF BY-LAW 1507
INCLUDING LANDS COVERED BY INTERIM CONTROL
BY-LAW 2001-03 NORTH OF HIGHWAY 7 AND EAST OF WOODBINE
AVENUE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS (10.3 & 10.5)

 

That the following resolution as set out in the Council Minutes No. 13, of June 12, 2001, Page 275-276 be amended to delete the final paragraph and substitute as follows:

 

"That the Record of the Public Meeting held on April 3, 2001, with respect to the proposed Official Plan and Zoning By-law amendments for commercial lands within the area of By-law 1507 and 165-08, including lands covered by Interim Control By-law 2001-3, north of Highway 7 and East of Woodbine Avenue, Files OP-01101678, OPA-01101707, and ZO-00242140, submitted by the Town of Markham, be received;

 

And that the application by the Town of Markham for proposed Official Plan and Zoning By-law amendments be approved as follows:

 

1.      The lands on the northeast corner of Woodbine Avenue and Highway 7 being 8551, 8555, 8561 & 8601 Woodbine Avenue (formerly Knob Hill Farms now Michael-Angelo’s) be redesignated to Business Corridor Area in the Official Plan and zoned with a Hold to permit Business Corridor uses in the zoning by-law, including a supermarket with a seasonal outdoor display;

 

2.      The lands on the northeast corner of Lunar Crescent and Woodbine Avenue (DKM Used Cars and Central Outboard Marine), be zoned with a Hold to reflect the current Business Corridor Area designation in the Official Plan and the land use and zoning standards recommended in the Woodbine Corridor Urban Design Study;

 

3.      The lands on the northwest corner of Lunar Crescent and Highway 7, being 3088 Highway 7 (Burger King site) be redesignated to Business Corridor Area in the Official Plan and zoned to permit business corridor uses in the zoning by-law, and to recognize the existing free standing restaurant use;

 

4.      That a parking reduction be included in the zoning by-law for the Michael-Angelo’s site if the reduction recommended in the a parking analysis undertaken by Cansult Limited is confirmed through peer review by BA Group, to the satisfaction of the Commissioner of Development Services;

 

5.      That the matter of co-ordinating the signalized entrance to Woodbine Avenue on Michael Angelo’s property with the property owners of the lands to the west be dealt with at the time of site plan approval.

 

6.      That the lands on the northwest corner of Michael Angelo’s lands (Block A) be restricted to office uses only and that the maximum height of the office building be 4 storeys and 15.95 metres (excluding penthouse) with terracing down to 2 storeys and a height of 9 metres within 20 metres of the adjoining the residential property line to the east;

 

7.      That as a condition of site plan approval of the Michael-Angelo’s proposal, the owner of the development shall provide and/or cost share road improvements, including construction of a center median on Highway 7 from Woodbine Avenue to Lunar Crescent, the closing of Lunar Crescent, the addition of traffic signals at Lunar Crescent at Highway 7 and any other improvements as may be required to the satisfaction of the Region of York and the Town, including associated financial securities;

 

8.       That Appendix “C” – Zoning By-law for Michael Angelo’s be adjusted as follows:

 

·        Add a clarification to Section 1.3d) of the proposed by-law that the Minimum Interior Side yard is the side yard adjacent to the Residential lot line.

 

·        Clarify Section 1.3e) of the proposed by-law that the Maximum Building Height within 30 metres of any portion of a lot line adjoining a residential lot or zone boundary shall be 7.65 metres rather than 9.0 metres.

 

·        Clarify Section 1.3e) that no ornamental roof construction, such as towers or other architectural features shall be located within 30 metres of any adjoining residential lot line.

 

·        Further clarify Section 1.3e) that notwithstanding the maximum permitted height requirements of that Section, the maximum parking garage height within 30 metres of a residential lot line shall not exceed 5.5 metres, except for stair towers and elevators.

 

9.         That the maximum height of any building located at the northeast corner of Woodbine Avenue and Lunar Crescent (DKM Used Cars and Central Outboard Marine) shall be reduced to 9 metres within 20 metres of adjoining residential property line to the east, and that the proposed zoning by-law (Appendix E) be amended to reflect this to ensure consistent height standards and treatment adjacent to existing adjoining residential development;

 

And that the proposed Official Plan and Zoning By-law amendments, be enacted without further notice;

 

And further that staff report back to Committee on the appropriate designation and zoning of BDC Place and Bowood Plaza at the northeast corner of Lunar Crescent and Highway 7, following further review and discussion with the property owners;

 

And that, pursuant to Section 34(17) of the Planning Act, Council hereby determines that no further notice is required in respect of the enactment of Zoning By-laws Nos. 2001-164, 2001-165, and 2001-167 to 2001-170 inclusive."

CARRIED AS AMENDED

 

 

(5)        TRANSPORTATION STRATEGY (5.10 & 5.14)

 

That the Transportation Strategy presentation for the Town of Markham be received;

 

And that staff report back with the final report on the Strategy after consultation with the public and other agencies;

 

And that Council and staff be authorized to present the implementation plans for the strategy and particularly for the light rail transit component to the public;

 

And that a Strategic Implementation Task Force consisting of Councillors, chaired by Councillor Joe Virgilio, Chair of the Environment & Transportation Committee, and senior staff be initiated to oversee the implementation plans;

 

And that the alternative Regional Road Program, be submitted to the Region of York for consideration;

 

And that the Markham Transportation Strategy, be reviewed with the GTSB, Region of York, Go Transit, City of Toronto, Town of Richmond Hill and City of Vaughan;

 

And that the Task Force update, as required, the Transportation and Environmental Committee on the progress of the action plans.

CARRIED

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Jack Heath

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING - JUNE 12, 2001 (16.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor George McKelvey

 

That the Minutes of the Council Meeting held on June 12, 2001, be adopted.

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        YORK REGION COMMUNITY INFORMATION
            AND VOLUNTEER CENTRE - FEASIBILITY STUDY (12.2.6)

 

Ms. Andrea Bourrie, MCIP, RPP, RCIVC Project Manager, Bourrie & Associates, was in attendance and gave a brief presentation with respect to a York Region Community Information and Volunteer Centre.  Mrs. Leslie Walker, Executive Director, Information Markham, was also present as resource.

 

 

 

(2)        EARTH WEEK PARTICIPANTS PITCH-IN WEEK (12.2.6)

 

The following groups were in attendance and received certificates of appreciation from the Mayor and Members of Council and Karen Boniface, Parks Planner, for their participation in Earth Week:

 

Buttonville Public School Woodland Public School Parkview Public School Reesor Park Public School 3rd Union. Scouts Markham Lions Willowbrook Public School St Mathews Public School Montessori North School Milliken Mills High School Grandview Ratepayers Cedargrove Community Club Milne Park Conservation Association Armadale Public School 1st Markham Keneu Cubs Milliken Lions Club

Friends of Little German Mills Mayors Youth task force Randall Public School William Armstrong Public School Parkland Public School Unionville Public School Robinson Public School (Robinson Greeners) Tzuchi Foundation Markham Village Youth Council Markham Girl Guides 238 Markham Ventures Sunoco Group of Retailers Cedar Crest Manor Tenants Association Somerset Academy Jacques Whitford English Ivy Way Group Unionville Library

 

Council extended congratulations to the following winners of the Silver Trash Can Lid Award.  The award identifies the groups who have collected the most bags of garbage as part of Pitch-In Week, under the following categories.  Six hundred and thirty-six bags of garbage were collected.

 

Senior Winner:  Milliken Mills High School - 28 bags collected

 

Junior Winner:  Tied:     Parkland Public School, and

                                                3rd Unionville Scouts - 60 bags collected

 

Special Award: Cedar Grove Community Club - 135 bags collected

 

 

 

(3)        2000 RECYCLING COUNCIL OF ONTARIO
            WASTE MINIMIZATION SILVER AWARD (12.2.6 & 5.1)

 

The following staff of the Waste Management Department were recognized for their efforts that resulted in the Town receiving the 2000 Recycling Council of Ontario Waste Minimization Silver Award:

 

Stan Bertoia, Director of Environmental Services

Craig Bartlett, Manager of Waste Management

Peter Veiga, Waste Management Program Coordinator

Shayne Hartin, Environmental Inspector

Leigh Gibson, Environmental Inspector

 

Stan Bertoia, Shayne Hartin, and Leigh Gibson were in attendance and received congratulations from the Mayor and Council.

 

 

 

5.         DEPUTATIONS

 

(1)        Ms. Marilyn Ginsburg, Co-Chair, Grandview Area Residents Association was in attendance regarding Clause 8, Report No. 48 – Development Services Committee with respect to the Interim Policy for Telecommunication Facilities. (10.0)

 

 

 

6(a)      REPORT NO. 45 - COMMISSIONER OF DEVELOPMENT SERVICES

 

Moved by Deputy Mayor Frank Scarpitti

Seconded by Councillor Erin Shapero

 

That Report No. 45 - Commissioner of Development Services be received and adopted.

 

(1)        MOBIUS CORPORATION APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS TO PERMIT A
FREE-STANDING RESTAURANT COMPLEX - 30 MINTHORN COURT
PART 2 OF BLOCK 2, REGISTERED PLAN 65M-2665 (10.3, 10.5 & 10.7)

 

That the Official Plan and Zoning By-law Amendments, to permit a free-standing restaurant complex at 30 Minthorn Court (Part 2 of Block 2, Registered Plan 65M-2665) be enacted.

(See By-laws 2001-155 and 2001-156)

CARRIED

 

 

 

6(b)      REPORT NO. 46 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Moved by Councillor George McKelvey

Seconded by Councillor Stan Daurio

 

That Report No. 46 - Finance & Administrative Committee be received and adopted.

 

June 18, 2001

 

(1)        BLUE JAY DEVELOPMENTS LTD. - 9 STATION LANE (10.5)

 

That the Agreement between the Town of Markham and Blue Jay Developments Ltd. ("Blue Jay") dated December 16, 1999, be amended as follows:

 

1.         That the date for execution of a site plan agreement be extended to June 16, 2002, with the sale of 9 Station Lane to Blue Jay to take place no later than August 16, 2002;

 

2.         That commencement of construction of the subject development occur no later than August 16, 2003, failing which the Town will be entitled to reacquire title to the subject property upon payment to Blue Jay of the purchase price, without interest;

 

3.         That Schedule "A" (Development Proposal") to the agreement be amended to delete any reference to medical uses, and that the security required by section 33 of the agreement, to guarantee completion of the development substantially in accordance with the Development Proposal, be deleted;

 

4.         And that Council agree in principle to a sign on Town property (Town Parking lot at southwest corner of Station Lane and Main Street, Unionville), subject to design being approved by Council and Heritage Markham.

 

 

(2)        AMALGAMATED HYDRO - "DAYLIGHT LOAN" (13.7)

 

That staff be authorized to arrange and execute an external loan of approximately $65 million with the Royal Bank of Canada for a period of one day to implement the capital structure set out in the Amalco Interim Financing and Capital Structure plan for the pending amalgamated utilities as approved by Council on May 8, 2001;

 

And that the Mayor and Clerk be authorized to execute the by-law to facilitate such loan.

(See By-law 2001-157)

 

 

(3)        2001 REGION OF YORK TAX POLICIES (7.3)

 

That Council endorse the Region of York Finance and Administration Committee's recommendation that property tax increases due to the change from the 1996 to the 1999 current value assessment not be phased-in for the Residential and Farm, Farmlands and Managed Forest property class;

 

And that Council endorse the Region of York June 14, 2001 Finance and Administration Committee's recommendations relating to the "Rebates to Registered Charities" tax policy;

 

And that Council endorse the Region of York June 14, 2001 Finance and Administration Committee's recommendations relating to the "Rebates to Registered Charities and Similar Organizations" tax policy;

 

And that Council endorse the Region of York June 14, 2001 Finance and Administration Committee's recommendations relating to the "Tax Deferral Program for Low-Income Seniors and Low-Income Disabled Persons";

 

And that Council endorse the Region of York June 14, 2001 Finance and Administration Committee's recommendation that the mandatory 5% cap on the commercial, industrial and multi-residential property classes be funded by withholding an equivalent amount of the available tax decreases within each of the respective classes.

 

 

(4)        ASSESSMENT APPEALS - PAYMENT OF INTEREST ON REFUNDS (7.1)

 

That the Town of Markham pay interest on refunds for successful assessment appeals under the authority contained in the Municipal Interest and Discount Rates Act based on the following criteria:

 

1)         The rate of interest be determined annually at the average of the rate paid by the six major Canadian chartered banks on a deposit with a one year maturity at the beginning of the calendar year;

 

2)         Interest be applied after 60 days of the receipt of the Notices of Decisions by the Town of Markham from the Assessment Review Board or the date of final billing, whichever is later;

 

3)         That the interest not be retroactive but that for appeals not yet processed but on hand, interest be applied based on the date the Notices of Decision were received;

 

4)         Interest would be applicable only for successful appeals starting with the 2001 tax year;

           

5)         That interest be paid from the day the by-law is enacted;

 

6)         That the Province of Ontario be requested to amend legislation to permit for the payment of interest on successful assessment appeals from the date of payment of taxes for the year under appeal;

 

7)         And that (a) the Province of Ontario be requested to fund the amount of interest until the date that the municipality's interest policy is effective OR (b) that the amount of interest foregone due to the full year payment of property tax be eligible to be deducted from the Ontario portion on an Income Tax return.

 

 

(5)        CONTRACT AWARD PROCESS - JULY 11 - AUGUST 26, 2001 (7.12)

 

That the Chief Administrative Officer be authorized to award any required contracts greater than $350,000 for the period July 11 to August 26, 2001, which are in compliance with the Town's Purchasing By-law and which are within budget as approved by Council;

 

And that the Treasurer report back to the September 4th Finance & Administrative Committee as to the awards made by staff during the period.

 

 

(6)        BUTTONVILLE AIRPORT COMMUNITY COMMITTEE (5.15.1)

 

That the minutes of the May 2, 2001 meeting of the Buttonville Airport Community Committee be received;

 

And that the Town send a letter to the Federal Minister of Transportation requesting that he ensure that the contract between the Greater Toronto Airport Authority (GTAA) and Toronto Airways not result in any increase in late night aircraft traffic (i.e., midnight to 6:00 a.m.) at Buttonville;

 

And that the communication from David Cohen, Councillor Ward 3, Town of Richmond Hill, expressing safety concerns for persons residing close to Buttonville Airport, be received.

 

 

(7)        AWARD OF RFP - CONSULTING SERVICES
            PROPOSAL 115-R-01 STRATEGIC PLANNING CONSULTANT
            PROPOSAL 116-R-01 SURVEY RESEARCH FIRM
            ENGAGE 21ST CENTURY MARKHAM (12.0 & 7.12)

 

That staff be authorized to negotiate a contract with the consulting firm of Johnston Smith International in association with Personus at a cost not to exceed $60,000 inclusive of all deliveries, taxes and disbursements to facilitate the Strategic Planning process;

 

And that staff be authorized to negotiate a contract with the survey research company Environics Research Inc. at a cost not to exceed $125,000 inclusive of all deliveries, taxes and disbursements to provide a multi-service satisfaction and values survey;

 

And that these costs be funded from the Council approved Corporate Quality Initiative 1999 capital budget account number 043-6900-003-005 and the 2001 Strategic Growth Management capital budget account number 080-5399-3522-005;

 

And further that the Town enter into individual agreements for these services with each of the companies.

 

 

(8)        PENNSYLVANIA GERMAN FOLKLORE SOCIETY (12.2.6)

 

That space be reserved on the Bicentennial Monument at the Markham Civic Centre for the York Chapter of the Pennsylvania German Folklore Society of Ontario to place a plaque in 2004 to honour the Pennsylvania German Mennonite families who migrated to Markham, Vaughan and Whitchurch Townships beginning in 1803/4.

 

 

(9)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – JUNE 18, 2001 (16.0)

 

That the Finance & Administrative Committee minutes dated June 18, 2001 be received.

 

CARRIED

 

 

 

6(c)      REPORT NO. 47 - ENVIRONMENT & TRANSPORTATION COMMITTEE

 

Council consented to separate Clauses (6) and (8).

 

Moved by Councillor Joe Virgilio

Seconded by Councillor Stan Daurio

 

That Report No. 47 - Environment & Transportation Committee be received and adopted.

 

May 14, 2001

 

(1)        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.

Note: Ward Councillor met with the residents on this matter.

(See By-law 2001-132)

 

 

June 18, 2001

 

(2)        REQUEST FOR REMOVAL OF BOULEVARD TREES
            MR. VITO BIGIONI, 19 GRANDVIEW BOULEVARD
            MARKHAM (5.0 & 6.3)

 

That permission be granted to Mr. Vito Bigioni, 19 Grandview Boulevard, Markham, to remove four coniferous trees on the Town's boulevard property, but not until such time as the building permit is issued by the Town for the construction of the new home which is to be built by the current owner on such property;

 

And that the four (4) coniferous trees be replaced by Mr. Bigioni with four deciduous street tree variety trees, which are to be a minimum of three (3) inches in diameter;

 

And further that staff be requested to consider the planting of native trees, if at all possible.

 

 

(3)        REGION OF YORK ENVIRONMENTAL ASSESSMENT
            WARDEN AVENUE IMPROVEMENTS - STEELES
            AVENUE TO MAJOR MACKENZIE DRIVE (5.10 & 13.4)

 

That the Region of York’s Environmental Assessment for the Warden Avenue Improvements from Steeles Avenue to Major MacKenzie Drive be endorsed, subject to the following conditions:

 

South Section - Steeles Avenue to Apple Creek Boulevard

·        The feasibility of reducing the number of proposed through traffic lanes in the section of Warden Avenue between Steeles Avenue and Denison Street be reviewed in consultation with the Town during the detailed design phase of the project

·        the Region of York be requested to fund the construction of raised, landscaped center medians throughout the project where feasible and that the location and extent of these medians be determined in consultation with the Town during the detailed design phase of the project

·        the installation of gateway features and the enhanced landscaping of boulevards be incorporated into the design of the project and that further consultation with the Town’s Urban Design Group regarding streetscape design be carried out during the detailed design of the project

 

·        the feasibility of providing pedestrian cross-overs with median refuge islands be reviewed in consultation with the Town during the detailed design phase of the project.

·        the impact of the proposed construction on the Rouge River, including opportunities for continuous pedestrian pathway systems be reviewed in greater detail and that measures to minimize these impacts be incorporated into the detailed designs for the project

·        the detailed design for the project incorporate continuous sidewalks on both sides of the road and enhanced illumination to the satisfaction of the Town.

·        final design drawings and specifications be submitted to the Town for review prior to the tender of the project including engineering design drawings, traffic management plans to deal with the impacts of construction traffic and construction detours, tree preservation plans to address tree removals and protection, stormwater management plans to address stormwater quality and quantity controls and erosion and sediment control plans

·        the Region conduct public meetings prior to the start of construction to provide residents and adjacent businesses with details of the proposed construction activities, project schedule and mitigating measures to be implemented.

·        all construction activities comply with all relevant Town by-laws, including hours of operation unless otherwise approved by Markham Council

 

North Section – 16^th Avenue to Major MacKenzie Drive

·        The need and justification for the construction of a continuous center left turn lane between Glenbourne Park Drive and Major MacKenzie Drive be reviewed in consultation with the Town during the detailed design phase of the project and that this review include a detailed risk assessment

·        the impact of the proposed construction on the Warden Hemlock Woods, Berczy Creek and Carlton Creek be reviewed in greater detail and that measures to minimize these impacts be incorporated into the detailed designs for the project, including opportunities for continuous pedestrian pathway systems.

·        the Region of York be requested to fund the construction of raised, landscaped center medians throughout the project where feasible and that the location and extent of these medians be determined in consultation with the Town during the detailed design phase of the project

·        the installation of gateway features and the enhanced landscaping of boulevards be incorporated into the design of the project and that further consultation with the Town’s Urban Design Group regarding streetscape design be carried out during the detailed design of the project

·        the detailed design for the project provide for the future installation of a  continuous sidewalk on the east side of the road from 16^th Avenue to Major MacKenzie Drive and on the west side of the road from 16th Avenue to Calvert Road and from Cachet Parkway to Major MacKenzie Drive only.

·        final design drawings and specifications be submitted to the Town for review prior to the tender of the project including engineering design drawings, traffic management plans to deal with the impacts of construction traffic and construction detours, tree preservation plans to address tree removals and protection, stormwater management plans to address stormwater quality and quantity controls and erosion and sediment control plans

·        the Region conduct public meetings prior to the start of construction to provide residents with details of the proposed construction activities, project schedule and mitigating measures to be implemented.

·        all construction activities must comply with all relevant Town by-laws, including hours of operation unless otherwise approved by Markham Council

 

And that the first phase of the project to widen Warden Avenue should include the area from Steeles Avenue up to Apple Creek Boulevard in the year 2002;

 

And further that Kees Schipper, Commissioner of Transportation and Works for the Region of York be advised accordingly.

 

 

(4)        LUNAR CRESCENT CLOSURE (5.17)

 

That Lunar Crescent be closed north of Highway 7; 

 

And that the Clerk’s Department be authorized to initiate the administrative process to stop up and close Lunar Crescent north of Highway 7;

 

And that the Engineering Department in consultation with the Roads Department initiate a temporary closure of Lunar Crescent;

 

And that the timing of the permanent closure of Lunar Crescent be finalized in consultation with the Director of Engineering, Director of Street Services, the local ward Councillor and availability of funds from adjacent developers;

 

And further that the Region of York be requested to install a no U-turn restriction for eastbound motorists at the Montgomery Court/Highway 7 intersection.

 

 

(5)        OLD KENNEDY ROAD PARKING RESTRICTIONS (5.12.4)

 

That a by-law be enacted to provide no parking at any time be allowed on the east side of Old Kennedy Road, between Steeles Avenue and Denison Street;

 

And further that York Regional Police and the Parking Control Division of the By-law Enforcement and Licensing Department be requested to enforce the parking restriction upon installation of the signs.

(See By-law 2001-158)

 

 

(6)        GO TRANSIT PARKING AT
CENTENNIAL COMMUNITY CENTRE (5.14.2 & 5.12.4 & 6.6)

 

That the Town of Markham approve the proposed GO Transit commuter parking at the Centennial Community Centre subject to the following:

 

1.   That Phase 1 shall be for the use of approximately 267 parking spaces for GO Transit use as shown on Schedule “A”, Phase 1 Option B and to include a new access from Bullock Drive, pedestrian access from McCowan Road and the construction of 23 additional parking spaces at the south-west portion of the Community Centre for Town use.

 

2.   That all Phase 1 costs be paid by GO Transit.

 

3.   That GO Transit enter into an agreement for the Phase 1 plan with the Town to include the following items to the satisfaction of the Chief Administrative Officer and Town Solicitor:

 

a)                  Term – up to 5 years

b)                  Construction costs – all costs to be borne by GO Transit

c)                  Lease cost – no lease cost

d)                  Compliance – GO Transit to assist in providing monitoring and enforcement of parking

 

e)                  Fire access – to be maintained

f)                    Hours of operation of GO Transit parking – Monday to Friday, 6:00 a.m. – 7:00 p.m.  All other times, spaces will revert to Town use; it being understood that any vacant spaces after 10:00 a.m. may be used by the Town

g)                  Park storage building – GO Transit be permitted to place addition to building for their electrical control

h)         Parking fees – GO Transit will not charge parking fee

i)          Tree removals – GO Transit to obtain Town approval for any tree removal and be required to relocate or replace any tree removed

j)          Construction schedule to be submitted to Town

k)         Insurance – Town to be indemnified against all claims

 

4.   That GO Transit further develop the feasibility study for the expansion of the parking lot as shown on Schedule “C” – Phase 2 to create approximately 653 parking spaces, including a new access to be provided from McCowan Road, as well as pathway access from Markville Road.  This shall include a traffic study to address any impacts on Bullock Drive and McCowan Road

 

5.      That GO Transit be required to hold a public meeting to present the GO Transit proposed parking options and phases on July 4, 2001.  Any major concerns to be brought back to Council on July 10, 2001.

 

6.      That the Chief Administrative Officer be authorized to negotiate the terms of agreement for the Phase 1 plan.

 

7.      That a further report be submitted on the Phase 2 plan for Council’s consideration.

 

CARRIED AS AMENDED

(See following motion to amend)

 

Moved by Councillor Jack Heath

Seconded by Councillor Joe Virgilio

 

That Clause 6, of Report No. 47 be amended by adding the following to the first paragraph:

 

"that the Town of Markham approve the proposed GO Transit commuter parking at the Centennial Community Centre subject to the following:"

 

And that Point 3f) be amended by adding: "it being understood that any vacant spaces after 10:00 a.m. may be used by the Town"

 

And that the first sentence of Point 4 be amended by adding "as well as pathway access from Markville Road"

 

And further that Point 5 be amended by adding "Any major concerns to be brought back to Council on July 10, 2001."

 

CARRIED

 

 

 

(7)        UPDATE ON THE REGION OF YORK'S LONG-TERM
            WASTE MANAGEMENT STRATEGY (5.1)

 

That Council authorize Waste Management staff to continue working with the Region of York to further evaluate the collection costs and the total system cost implications of implementing the recently approved 3-stream waste management collection and processing system;

 

And that Council provide written notice to the Region of York indicating the Town's opposition to any request for the Town to partially fund the capital costs of the proposed 3-stream processing and transfer facilities;

 

And further that Council authorize Waste Management staff to fully participate with the Region of York to develop an effective and consistent promotion and education program to ensure a successful implementation of the 3-stream waste management system.

 

 

(8)        "MARKHAM'S ON A ROLL" PILOT PROJECT UPDATE (5.1)

 

That a survey be conducted in September to ascertain whether residents in Ward 5 of the Village of Markham wish to continue the "Markham's On a Roll Pilot Project" for another six (6) months, and if so, it be extended for a further six (6) months at an estimated total cost of $133,000;

 

And that Council approve using the $100,000 grant, recently awarded from the Federation of Canadian Municipalities (FCM), Green Municipal Enabling Fund (GMEF), for the six month extension of the pilot project;

 

And that the Region of York be requested to endorse the six-month extension of the pilot and co-funding in the amount of $16,500;

 

And further that the Town's portion of $16,500 be funded from the CSR Partnership funding and other partnership funding opportunities.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor Jack Heath

            Seconded by Regional Councillor Tony Wong

 

            That Clause 8, Report No. 47 be amended to provide that the first paragraph of the resolution be deleted in its entirety and the following be substituted therefore:

 

                        That a survey be conducted in September to ascertain whether residents in Ward 5 of the Village of Markham wish to continue the "Markham's On a Roll Pilot Project" for another six (6) months, and if so, it be extended for a further six (6) months at an estimated total cost of $133,000;

 

CARRIED

 

 

(9)        2000 WASTE MANAGEMENT PROGRAM YEAR END REVIEW (5.1)

 

That Council reaffirm its commitment to the Three-Bag Limit and the continuing efforts to promote this program through a comprehensive public education and communication program;

 

And that the residents of Markham be notified in our annual Waste Management Communication Package of the waste reduction and diversion achievements that were realized in 2000 due to their participation in this program.

 

 

(10)      RESPONSE TO TORONTO ENVIRONMENTAL
ALLIANCE REGARDING THEIR PROMOTION OF
"BRING BACK THE BOTTLE" (5.1)

 

That Council authorize Waste Management staff to prepare a response to the letter dated April 6, 2001, received from Lois Corbett, Executive Director of the Toronto Environmental Alliance, requesting municipal support for a "Bring Back the Bottle" campaign for a deposit return to retail for LCBO containers;

 

And that the response to the Toronto Environmental Alliance outlines the Town of Markham's support for the following:

 

1.         Having the Minister of the Environment act immediately on the announcement to bring forward legislation prior to the summer recess of the Legislature to permanently create the Waste Diversion Organization of Ontario

 

2.         Implementing the recommendations from the Waste Diversion Organization (WDO) so that Ontario's municipalities obtain industry funding for 50% of municipally operated recycling and special waste programs

 

3.         The governance of the Waste Diversion Organization of Ontario to be equally balanced between municipal and industry representatives;

 

And that copies of the Town's support for this resolution be forwarded to: the Premier of Ontario, the Minister of the Environment, the Association of Municipalities of Ontario, and Corporations Supporting Recycling;

 

And further that Committee and Council reconsider support for an industry wide return for deposit system if the recommendation for the creation and governance of a permanent Waste Diversion Organization fail to be legislated in 2001.

 

 

(11)      RESOLUTION FROM MARKHAM CONSERVATION
COMMITTEE MEETING OF MAY 24, 2001
RE: WASTE MANAGEMENT (16.28 & 5.1)

 

That the following resolution of the Markham Conservation Committee, passed at its meeting of May 24, 2001, be endorsed:

 

"Whereas the Town of Markham has not been able to achieve its goal of 70% waste diversion; and

 

Whereas it is necessary to adhere to the hierarchy of goals of which Reduce being the foremost goal, Reuse being second in the goal hierarchy, Recycle being the third goal; and

 

Whereas Markham still lacks a fully effective and fully inclusive waste diversion program for its residents, including, especially apartments and condominiums, and small businesses; and

 

Whereas the goal of effective waste management will only be achieved through the use of dedication, education, imagination and co-operation of staff, residents, contractors and businesses:

 

Now therefore the Markham Conservation Committee recommends to the Council of the Town of Markham that:

 

·        The mandate of the Markham Conservation Committee be revised to provide input into the Town's Waste Management Policy;

 

·        The Markham Conservation Committee meet with Waste Management Staff on a quarterly basis, or as required, to discuss Waste Management Policy;

 

·        Staff continue to find creative ways to ensure compliance of the three bag limit;

 

·        The Waste Management staff continue to communicate and educate residents to reinforce and promote adherence to the 3Rs goals hierarchy;

 

The Recycling Depots be acknowledged as the ongoing point of contact between Waste Management and its customers and that the staff of these depots be encouraged, empowered and instructed in appropriate methods to transmit information, public education and supportive philosophy to achieve the goals hierarchy."

 

 

(12)      REQUEST FOR TRAFFIC SIGNALS AT VERCLAIRE GATE
            AND HIGHWAY #7 (5.12.1)

 

Whereas several requests have been received to install traffic lights at the Verclaire Gate/Highway 7 intersection; and

 

Whereas there are concerns regarding safety of motorists at this intersection; and

 

Whereas increasing congestion on Highway 7 results in long delays for motorists to exit from Verclaire Gate onto Highway7;

 

Therefore, be it resolved that the Town of Markham requests the Region of York to install traffic signals at the Verclaire Gate/Highway 7 intersection at their earliest opportunity.

 

 

(13)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF ENVIRONMENT & TRANSPORTATION
            COMMITTEE MEETING – JUNE 18, 2001 (16.0)

 

That the Environment & Transportation Committee minutes dated June 18, 2001 be received.

 

CARRIED

 

 

 

6(d)      REPORT NO. 48 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (7) and (8).

 

Moved by Councillor George McKelvey

Seconded by Councillor Dan Horchik

 

That Report No. 48 - Development Services Committee be received and adopted.

 

June 19, 2001

 

(1)        TORMINA - MARKHAM INC.  14^TH AVENUE
AND MCCOWAN, STREET NAMES REQUESTED
FOR PLAN OF SUBDIVISION (SU.98-216513) (10.14)

 

That the following names requested by Tormina - Markham Inc. for a Plan of Subdivision near the north-west corner of 14^th Avenue and McCowan Road (SU.98-216513), be approved:

-           Tormina Court;

-           Redkey Drive;

-           Ramsgate Court;

-           Boxhill Road;

-           Dunnet Street; and

-           Weedon Road.

 

 

(2)        TOWN OF MARKHAM ALLIANCES (10.16)

 

That the Alliance Agreement be forwarded to Nordlingen to formalize the Town of Markham's cultural and heritage ties with Nordlingen;

 

And that Council respond to the Foreign Affairs Office of Wuhan City, advising that Markham has already established formal ties with Wuhan City and that a Memorandum of Understanding has already been signed.

 

 

(3)        ARCHITECTURAL CONTROL GUIDELINES,
KINDWIN MARKHAM LIMITED, IN THE BERCZY COMMUNITY (10.0)

 

That the control guidelines entitled "Architectural Control Guidelines" for Kindwin Markham Limited in the Berczy Community, dated May 16, 2001 attached as Appendix 'A', 2001, be approved.

 

 

(4)        THE STIVER TENANT HOUSE, 9719 TO 9721 KENNEDY ROAD
DESIGNATION UNDER PART IV OF
THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the Stiver Tenant House at 9719 to 9721 Kennedy Road under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

-  publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and

- prepare the Designation by-law for this property.

 

 

(5)        THE GEORGE F. KELLY HOUSE, 8992 WOODBINE AVENUE
DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT (16.11.3)

 

That Heritage Markham's recommendation to designate the George F. Kelly House at 8992 Woodbine Avenue under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

-  publish and serve Council's Notice of Intention to Designate as per the requirements of the Act; and

- prepare the Designation by-law for this property.

 

 

(6)        GREENSBOROUGH INTERIM SANITARY SERVICING REQUEST (5.5)

 

That the Greensborough Developers Group (the Group) be permitted to utilize, on a temporary basis, the Exhibition Creek sanitary sewer system to a flow equivalent to a population of 1246 people and to install a temporary storage facility to provide interim sanitary servicing for the west drainage area (4300 population) subject to the Group entering into an agreement where they acknowledge and agree to the following conditions;

·        That the interim sanitary capacity will not be available until flows from the Swan Lake Development are redirected to the Region’s 9^th Line Trunk Sanitary sewer.

·        To obtain easements, construct, maintain, monitor, and ultimately remove the temporary sewer connection and storage facility to the satisfaction of the Town.

·        To reconnect to the Region’s 16^th Ave. trunk sanitary sewer as and when it becomes available.

·        To indemnify and save harmless the Town against damages, claims, actions etc. related to this proposal.

·        To secure these works as required by the Town.

·        To pay for such works with the understanding that the works will not be eligible for credits under the Town’s Development Charges By-Law.

·        That the Core Servicing for Greensborough Phase 1 be completed to the satisfaction of the Town prior to the interim facilities being put into service.

And that the Mayor and Clerk be authorized to execute an agreement with the Greensborough Developers Group for interim servicing.

 

 

(7)        TRAKS COMMUNICATIONS, 21 MAIN STREET AND
65 UNIONVILLE GATE, ZONING BY LAW AMENDMENT FOR TWO
AUTOMOBILE DEALERSHIPS AND SITE PLAN APPROVAL FOR
PHASE ONE CONSTRUCTION (ZA.00-229285, SC.01-103348) (10.5, 10.6)

 

That the record of the Public Meeting held October 3, 2000, with respect to the zoning by-law amendment submitted by Traks Communications to permit two automobile dealerships located at 65 Unionville Gate and 21 Main Street Unionville, File ZA.00229285, be received;

And that the lands comprising 21 Main Street Unionville and 65 Unionville Gate be rezoned (HOLD) Community Amenity Area under By-law 122-72 to permit a maximum of two automobile dealerships, subject to the lands comprising the minor tributary that currently runs through lands remaining open and zoned as Open Space (O1);

 

And that the proposed Zoning By-laws be enacted without further notice;

 

And that removal of the HOLD provision on the CA zoned lands be subject to the applicant obtaining approval from the Toronto and Region Conservation Authority and the Region of York for the relocation and redesign of the minor tributary;

 

And that the site plan application (SC.01-103348) for the lands comprising 65 Unionville Gate and 21 Main Street Unionville be approved to permit the phase one construction of one automobile dealership (65 Unionville Gate), and redesign of the parking area and site circulation for the existing automobile dealership at 21 Main Street Unionville, subject to the following conditions:

 

1.                  The applicant enter into a Site Plan Agreement with the Town.

2.                  That the Site Plan Agreement include provisions for satisfying Town Departments including all requirements of the Director of Engineering, the Fire Department and the Waste Management Department.

3.                  That a Landscape Plan, prepared by a Landscape Architect having O.A.L.A. membership, be submitted for approval by the Commissioner of Development Services.

4.                  The applicant shall construct sidewalks along the entire Unionville Gate and Kennedy Road frontages at no cost to the Town, and in accordance with plans approved by the Town and the Region of York.

5.                  The applicant shall pay the cost recovery associated with the construction of a trunk watermain on Unionville Gate

6.                  Prior to execution of the Site Plan Agreement, the applicant shall convey to the Town free of costs and encumbrances, lands along the Unionville Gate frontage to provide a sufficient right-of-way to accommodate a basic four lane cross-section collector road, and intersection improvements that may be required for turning lanes.

7.                  The applicant shall contribute to downstream stormwater quality control retrofit projects in the amount of $21,855.77 per impervious hectare of developable land, or provide equivalent on-site stormwater quality control, plus spill control based on impervious ground area as required by provincial policy.

8.                  If required, the applicant shall convey to the Region a road widening along the entire frontage of the subject lands, adjacent to Kennedy Road, of sufficient width to provide 18.0 metres from the centreline of Kennedy Road, free of all costs and encumbrances, to the satisfaction of the Regional Solicitor.

9.                  That the Site Plan Agreement contain provisions for payment by the applicant of all applicable fees, recoveries, development charges and cash-in-lieu of parkland dedication.

10.              The applicant is required to obtain approval from the Region of York for the design of the access onto Kennedy Road, prior to execution of the Site Plan Agreement.

11.              That the Site Plan Agreement contain a clause requiring the applicant to ensure that all employee parking is contained on-site.

12.              In order to prevent undue noise pollution generated by loudspeaker systems, the Site Plan Agreement shall contain a clause requiring that employee paging systems for both automobile dealerships be provided through alternative systems (i.e. Cellular paging).

13.              And Further That the site plan approval will lapse after a period of three years commencing Jun 19, 2001, in the event that a Site Plan Agreement is not executed within that period.

14.       And further, that the site plan approval include a requirement that the applicant provide a commitment for parking and off-loading to be contained on-site;

15.       And further that the site plan agreement contain a clause to provide for a maximum of two automobile dealerships, subject to the lands comprising the minor tributary that currently runs through lands remaining open and zoned as Open Space (O1), and that the final design plans for watercourse treatment be subject to the approval of the Development Services Committee.

 

And further, that Street Services be directed to investigate methods of restricting stopping and parking on streets adjacent to automobile dealerships.

(See By-laws 2001-159 and 2001-160)

CARRIED AS AMENDED

(See following motion to amend)

            Moved by Councillor Erin Shapero

            Seconded by Councillor Joe Virgilio

 

            That Clause (7) of Report No. 48 be amended to add the following:

 

            And further that the site plan agreement contain a clause to provide for a maximum of two automobile dealerships, subject to the lands comprising the minor tributary that currently runs through lands remaining open and zoned as Open Space (O1), and that the final design plans for watercourse treatment be subject to the approval of the Development Services Committee.

CARRIED

 

 

(8)        INTERIM POLICY FOR TELECOMMUNICATION FACILITIES (10.0)

 

That the attached interim policy for telecommunication facilities be approved.

 

And that the policy be reconsidered in the Fall of 2001, upon completion of the joint York/ Durham Municipalities Telecommunications Study.

DEFERRED

(See Following Motion to Defer)

            Moved by Councillor Stan Daurio

            Seconded by Regional Councillor Tony Wong

 

            That Clause 8, Report No. 48 be deferred and referred to the Commissioner of Development Services for a re-evaluation of the approval process for the location of telecommunication towers.

CARRIED

 

Amended by Council at its meeting held on July 10, 2001 that Clause 8 of Report No. 48 (Interim Policy For Telecommunication Facilities) of the Development Services Committee be amended to read as follows:

 

That the attached Appendix 'A' interim policy for telecommunication facilities be approved;

 

And that the policy be reconsidered in the fall of 2001, upon completion of the joint York/Durham Municipalities Telecommunications Study;

 

And further that the matter of a telecommunication tower on Doncaster Avenue be deferred.

 

(9)        TERMS OF REFERENCE & CONSULTANTS TO IMPLEMENT
RECOMMENDATIONS OF THE MARKHAM TASK FORCE ON
AFFORDABLE HOUSING (10.7)

 

That the Terms of Reference (Appendix ‘A’)  for the Project Consultant to assist the Town in the review and implementation of the recommendations of the Task Force on Affordable Housing , be endorsed, with the inclusion of "Vision 2000" and "Engage 2026" in Clause 1, as data to be reviewed by the consultant;

 

And That Price Waterhouse Coopers be retained as Lead Consultant with assistance as required from Mark Guslits Associates to assist Council and staff in developing a program that includes input from the public at large and at least one Public Information Meeting, to define the Town’s role in implementing the Task Force Recommendations.

 

 

(10)      MARKHAM TRAILS LIMITED PARTNERSHIP, BERCZY VILLAGE
LOTS 114 TO 135, PLAN 19T-95073, GLENBROOK DRIVE
ZONING BY-LAW AMENDMENT REGARDING
GARAGES (ZO.00246387) (10.5)

 

That the Record of the Public Meeting held on June 19, 2001, with respect to the proposed amendment to By-law 177-96, as amended, be received;

 

And that the application by Markham Trails Limited Partnership, (Berczy Village) to amend By-law 177-96, as amended, be approved;

 

And that the proposed amendment to By-law 177-96, as amended, be enacted without further notice.

(See By-law 2001-161)

 

 

(11)      MARKHAM TRAILS LIMITED PARTNERSHIP,
REGAL CRAFT HOMES, LOTS 69, 73, 86, 90, 103, 107
 AND 163, PLAN 19T-95073
WESTCHESTER CRESCENT AND GABLE AVENUE
ZONING BY-LAW AMENDMENT REGARDING GARAGES (ZO.01101309) (10.5)

 

That the Record of the Public Meeting held on June 19, 2001, with respect to the proposed amendment to By-law 177-96, as amended, be received;

 

And that the application by Markham Trails Limited Partnership, (Regal Craft Homes) to amend By-law 177-96, as amended, be approved;

 

And that the proposed amendment to By-law 177-96, as amended, be enacted without further notice.

(See By-law 2001-162)

 

 

(12)      LAW DEVELOPMENT GROUP, CORNELL, LTD.,
ASPEN RIDGE HOMES, EAST AND WEST
SIDES OF FUTURE BUR OAK AVENUE,
BETWEEN DONALD SIM AVENUE AND RIVERLANDS AVENUE
ZONING BY-LAW AMENDMENT FOR PLAN OF SUBDIVISION
(ZA.01-107649) (10.5, 10.7)

 

That the Record of the Public Meeting held on June 19, 2001 with respect to the applications by Law Development Group (Cornell) Limited to amend the Town's Zoning By-laws and for residential plan of subdivision for the lands fronting on future Bur Oak Avenue between Riverlands Avenue and Donald Sim Avenue, be received;

 

And that the application by Law Development Group (Cornell) Limited to amend By-law 304-87 and By-law 177-96, as amended, be approved;

 

And that the proposed amendment to By-law 304-78 and By-law 177-96 be enacted without further notice;

 

And that the application by Law Development Group (Cornell) Limited for residential plan of subdivision be referred back to staff for a report and recommendation;

 

And further that staff ensure residents who indicated an interest at the Public Meeting held on June 19, 2001, be involved in the site plan approval process.

 

 

(13)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JUNE 19, 2001 (16.0)

 

That the Development Services Committee minutes dated June 19, 2001 be received.

 

CARRIED

 

 

 

7.         NOTICE OF MOTIONS

 

Councillor J. Heath submitted the following:

 

(1)        TRAFFIC INFILTRATION ISSUES (5.12)

 

That staff be requested to bring back a report on traffic infiltration issues when Highway 407 opens at Ninth Line, especially with regard to Delmark, Senator Reesor's and Wooten Way South, including any appropriate recommendations for turn restrictions and traffic calming.

 

 

(2)        ROUGE PARK MANAGEMENT PLAN (10.8)

 

That staff bring forward the Rouge Park Management Plan for consideration by Council at its next meeting.

 

 

 

8.         COMMUNICATIONS

 

Council consented to add Communication Nos. 265-2001 to 267-2001, as follows:

 

Moved by Regional Councillor Tony Wong

Seconded by Councillor Joe Virgilio

 

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

 

Received

246-2001         The Corporation of the Town of Midland - Resolution petitioning the Ontario Legislature to provide the necessary legislation to municipalities to permit the determination of an opening prayer by Municipal Councils in the proceedings of Council meetings. (13.5.1)

 

247-2001         Township of Stirling-Rawdon - Resolution supporting enactment of Federal legislation for infinite deferral of radio communication fees, for municipal purposes and the indefinite deferral of municipality owned vehicle licensing fees collected by the Provincial Government. (13.5.2)

 

248-2001         Ontario Municipal Board - OMB will meet on Friday, July 19, 2001 in the Canada Room of the Markham Civic Centre to consider an appeal by Igor & Mira Vujanic of the Committee of Adjustment decision which dismissed an application numbered A/28/01 for variance from the provisions of By-law 101-90, as amended respecting 107 Woodward Avenue. (13.13)

 

249-2001         Minister of Transport - Advising the Ministry will commence consultations with stake holders with respect to the Oak Ridges Moraine and the Rouge Park North Corridor portions of the Pickering Lands Site in order to develop a strategy to address all of the issues surrounding the transfer, stewardship and management of the parcels of land. (13.2.7)

 

250-2001         City of Vaughan - Resolution requesting the Ministry of Municipal Affairs and Housing to provide clarification as to the lands affected and the procedures and actions by municipalities and their staff prohibited by the Oak Ridges Moraine Protection Act, 2001. (13.5.2)

 

251-2001         City of Vaughan - Resolution with respect to York Region Rapid Transit Request for Expressions of Interest and that staff work with the Region of York and the Towns of Richmond Hill and Markham in pursuit of expressions of interest from the private sector to plan, finance and implement a rapid transit system for York Region.  Also directing staff to initiate discussions with the Region on the initiation of an Environmental Assessment for the provision of a rapid transit service linking the Downsview Subway station with the Vaughan Corporate Centre. (13.5.2)

 

252-2001         City of Ottawa - Resolution endorsing the Environmental Farm Plan and requesting the on-going joint financial support of the Federal and Provincial Governments. (13.5.2)

 

253-2001         City of Mississauga - Resolution in support of the City of Windsor Council's petition of amendments to the Liquor Licence Act as outlined in the Discussion Paper entitled 'Building Safer Communities - Safer Communities'. (13.5.2)

 

254-2001         AMO Member Communication - AMO and its partners, MEA and AGRA have prepared a study on the financing of municipal waterworks for the Walkerton Commission. (13.12.2)

 

255-2001         AMO Member Communication - AMO calls on the Attorney General to help municipalities support victims of crime programs. (13.12.2)

 

256-2001         Rouge Park Alliance - Motions regarding protection of 40 Acres of ORC lands in Box Grove as Rouge Park land:
(a) Recommending that the Government of Ontario protect the 40-acre parcel of land that contains a Rouge River tributary, as part of the Rouge Park and opposing the conveyance of the land to Box Grove Hill Developments.
(b) Requesting the Town of Markham to support the conveyance of the 40 acre parcel of land to the Rouge Park from the Ontario Realty Corporation for park purposes. (10.0)

 

257-2001         Rouge Park Alliance - motion in objection to the piping of the three Rouge tributaries on both sides of Kennedy Road and Helen Avenue and requesting the TRCA and the Town to work with the applicant to protect the stream.  Also requesting that the 1994 study be revisited and updated to reflect the current conditions and the current community standards. (10.0)

 

258-2001         Newmarket Hydro - Letter to the Ontario Energy Board in support of the approval of the amalgamation of the municipal electric utilities of Aurora, Markham, Newmarket and Vaughan. (13.7)

 

259-2001         Region of York - Greening of York Region Initiative - Advising copies of the following reports will be available on the Region's website by the end of May 2001.
-Land Securement Strategy;
-Nature Conservancy of Canada Partnership Agreement. (13.4)

 

 

Referred to all Members of Council

260-2001         Mayor's Youth Task Force -Minutes of meeting held on May 22, 2001. (16.21)

 

261-2001         Memorandum dated June 20, 2001 from the Commissioner of Development Services providing an update with respect to amendment to zoning by-law for Michael Angelo's Market Place Inc., northeast corner of Highway 7 and Woodbine Avenue, 8551, 8555, 8561 and 8601 Woodbine Avenue
(Clause 5, Report No. 44 - Development Services Committee) (10.3 & 10.5)
(See By-laws 2001-163 to 2001-170)

 

265-2001         Roslyn Houser, Goodmans, on behalf of 1199394 Ontario Limited (Longos), in objection to the official plan amendment and zoning by-law for the former Knob Hill Farms site on the basis that the proposed planning documents would conflict with the commercial hierarchy in the Town's approved official plan. (10.3 & 10.5)
(By-laws 2001-163 to 2001-170)

 

266-2001         Ian James Lord, Weir Foulds LLP, on behalf of Fordex Properties Limited and Shell Canada Products Limited, requesting deferral of the Official Plan Amendment and implementing zoning by-law for Michael Angelo's Market Place Inc., northeast corner of Highway 7 and Woodbine Avenue, 8551, 8555, 8561 and 8601 Woodbine Avenue. (10.3 & 10.5)
(By-laws 2001-163 to 2001-170)

 

 

Referred to Commissioner of Community Services

262-2001         Douglas Worsley - In support of the bandshell/pavilion in Unionville being used for music related events. (6.0)

 

 

Referred to Town Clerk

263-2001         M. Eid, for Taxi Drivers of the Town of Markham - Requesting the Town of Markham to issue2 more taxi plates. (2.23)

 

264-2001         S. Toner, 62 Brooklyn Crescent, Markham - Forwarding report dated May 13, 2001 from Norman Lee & Associates Ltd., Consulting Engineers, regarding Water Ponding and Site Grading at 62 Brooklyn Crescent. (5.0)

 

 

Referred to Commissioner of Development Services

267-2001         Jim Kirk, Malone Given Parsons Ltd. on behalf of Town & Country BMW - To request Council to enact a zoning amendment to remove the Hold designation applicable to the dealership lands at 8111 Kennedy Road at Helen Avenue. (10.3, 10.5 & 10.6)

CARRIED

 

 

9.         BY-LAWS

 

Moved by Councillor Alex Chiu

Seconded by Councillor George McKelvey

 

That By-laws 2001-132 and 2001-155 to 2001-175 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2001-132    To amend Parking By-law 336-88, as amended (Permit parking – Cornell Community).
(Clause 1, Report No. 47, 2001)

 

 

BY-LAW 2001-155    To adopt Official Plan Amendment No. 87 (Mobius Corporation - To permit a free-standing restaurant complex)
(Clause 1, Report No. 45, 2001)

 

 

BY-LAW 2001-156    To amend Zoning By-law 165-80, as amended (Mobius Corporation - To permit a free-standing restaurant complex)
(Clause 1, Report No. 45, 2001)

 

 

BY-LAW 2001-157    To authorize the entering into of a Daylight Loan Letter Agreement with Royal Bank of Canada and the loan by The Corporation of the Town of Markham to UniPower Holdings Ltd. in exchange for a Promissory Note from UniPower Holdings Ltd.

                                    (Clause 2, Report No. 46, 2001)

 

 

BY-LAW 2001-158    To amend Parking By-law 336-88, as amended (No parking on Old Kennedy Road on the east side)
(Clause 5, Report No. 47, 2001)

 

 

BY-LAW 2001-159    To amend Zoning By-law 304-87, as amended (Traks Communications, 21 Main Street Unionville & 65 Unionville Gate - To remove the subject lands from By-law 304-87, as amended and place them into By-law 122-72, as amended - To permit two automobile dealerships)
(Clause 7, Report No. 48, 2001)

 

 

BY-LAW 2001-160    To amend Zoning By-law 122-72, as amended (Traks Communications, 21 Main Street Unionville & 65 Unionville Gate -To permit two automobile dealerships)
(Clause 7, Report No. 48, 2001)

 

 

BY-LAW 2001-161    To amend Zoning By-law 177-96, as amended (Markham Trails Limited Partnership, Lots 114 to 135, Plan 19T-95073 within a portion of the Berczy Village Secondary Plan Area - To provide an additional option for the location of the garage)
(Clause 10, Report No. 48, 2001)

 

 

BY-LAW 2001-162    To amend Zoning By-law 177-96, as amended (Markham Trails Limited Partnership, Lots 69, 73, 86, 90, 103 107 and 163, Plan 19T-95073 - To increase the maximum width of the garage and driveway from 3.5m to 6.1m for the subject lots)
(Clause 11, Report No. 48, 2001)

 

 

BY-LAW 2001-163    To adopt Official Plan Amendment No. 85 (Burger King, 3088 Highway 7)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-164    To amend Zoning By-law 1507, as amended (Burger King, 3088 Highway 7 - To remove subject lands from the area By-law 1507 to be incorporated into 165-80, as amended, to implement a Business Corridor Zoning for lands on the northeast corner of Woodbine Avenue and Highway 7)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-165    To amend Zoning By-law 165-80, as amended (Burger King, 3088 Highway 7 - To implement a Business Corridor Zoning for lands on the northeast corner of Woodbine Avenue and Highway 7)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-166    To adopt Official Plan Amendment No. 86 (8551, 8555, 8561 & 8601 Woodbine Avenue (former Knob Hill Farms))
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-167    To amend Zoning By-law 1507, as amended (8551, 8555, 8561 & 8601 Woodbine Avenue (former Knob Hill Farms) - To remove subject lands from the area By-law 1507 to be incorporated into 165-80, as amended, to implement a Business Corridor Zoning for lands on the northeast corner of Woodbine Avenue and Highway 7)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-168    To amend Zoning By-law 165-80, as amended (8551, 8555, 8561 & 8601 Woodbine Avenue (former Knob Hill Farms) - To implement a Business Corridor Zoning for lands on the northeast corner of Woodbine Avenue and Highway 7)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-169    To amend Zoning By-law 1507, as amended (To remove subject lands from the area By-law 1507 to be incorporated into 165-80, as amended, to implement a Business Corridor Zoning for lands at the northeast corner of Woodbine Avenue and Lunar Crescent)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-170    To amend Zoning By-law 165-80, as amended (to implement a Business Corridor Zoning for lands at the northeast corner of Woodbine Avenue and Lunar Crescent)
(Committee of the Whole - Clause 4)

 

 

BY-LAW 2001-171    A by-law to designate a certain property as being of Historic and/or Architectural Value or Interest - The George Pingle Jr. House, 4022 Major Mackenzie Drive
(Clause 2, Report No. 27, 2001)

 

 

BY-LAW 2001-172    A by-law to designate a certain property as being of Historic and/or Architectural Value or Interest - The Adam Clendenen House, 9516 9th Line (also known as 9642 9th Line)
(Clause 3, Report No. 27, 2001)

 

 

BY-LAW 2001-173    A by-law to designate a certain property as being of Historic and/or Architectural Value or Interest - The Wismer-Lunau House, 5884 16th Avenue
(Clause 4, Report No. 27, 2001)

 

 

BY-LAW 2001-174    A by-law to designate a certain property as being of Historic and/or Architectural Value or Interest - The Lapp Brothers Cider and Vinegar Mill, 7639 Reesor Road
(Clause 5, Report No. 27, 2001)

 

 

BY-LAW 2001-175    A by-law to confirm the proceedings of the Council meeting of June 26, 2001.
(Council Meeting No. 14, 2001)

 

 

 

10.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Dan Horchik

 

That the meeting do adjourn.

CARRIED

Council adjourned at 9:05 p.m.

 

 

 

 

 

 

______________________________                        __________________________

SHEILA BIRRELL, TOWN CLERK                          DON COUSENS, MAYOR

 

(Signed)