2001-07-10 - 7:00 p.m.
COUNCIL MINUTES Council
Chamber, Civic Centre
Meeting No. 15
(Canada Room)
COMMITTEE OF THE WHOLE
ROLL CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor G. Landon, Regional
Councillor T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J.
Virgilio, Councillor G. McKelvey, Councillor J. Heath (5:15 p.m.), Councillor
D. Horchik, Councillor K. Usman (5:20 p.m.), Councillor A. Chiu. (12)
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. Complementary Health
2. Memorandum of Settlement between Town
of Markham
and C.U.P.E. Local 905 Outside Unit
3. Go Transit Parking at Centennial
Community Centre
4. Development Services Commission
Re-Organization
CARRIED
The Regular Meeting of
Council was held on July 10, 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 G. Landon, Regional Councillor
T. Wong, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor
K. Usman, Councillor A. Chiu. (12)
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. Harrison, Manager,
Secretariat Services
B. Cribbett, Treasurer
J. Baird, Director of
Planning
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Virgilio disclosed an interest with respect to Item 20 of Report No. 51 of the
Finance & Administrative Committee respecting OMB Variance Appeal of
Committee of Adjustment Decision for 64 Lincoln Green Drive, by nature of
representing the owner on the purchase of the property, 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 Regional
Councillor G. Landon
Seconded by Councillor J.
Heath
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) COMPLEMENTARY
HEALTH (2.0)
That a by-law
to amend By-law No. 116-98, "A By-Law Respecting the Licensing, Regulating
and Inspecting of Body-Rub Parlours and Body-Rub Attendants' be enacted to
immediately:
-provide
for a 9:00 p.m. closure time for all complementary health care service
providers presently exempted from regulations in the by-law;
-establish
a class of 'Health and Social Club' whose operations are in excess of 7,000
square feet in size and whose percentage of space dedicated to health care
services is less than 20 percent of that floor area;
-exempt
Health and Social Clubs from the 9:00 p.m. closing.
CARRIED
(2) MEMORANDUM OF
SETTLEMENT BETWEEN
TOWN OF MARKHAM AND C.U.P.E. LOCAL 905
OUTSIDE UNIT (11.0)
That, as a
result of the collective bargaining process, Council authorize the Mayor and
the Town Clerk to execute an agreement, in a form satisfactory to the Town
Solicitor, with C.U.P.E. Local 905 (Outside Unit), which shall include the
following conditions:
- Three year term of April 1, 2001 to
March 31, 2004
2.0% effective April 1, 2001
2.0% effective April 1, 2002
0.5% effective October 1, 2002
2.0% effective April 1, 2003
0.5% effective October 1, 2003
·
Increase to shift
premiums of:
10 cents per hour effective April 1, 2001
10 cents per hour effective April 1, 2002
05 cents per hour effective April 1, 2003;
·
Implementation of the Mercer
Job Evaluation Review effective July 1, 2001
And
that the $80,000 required to fund the collective agreement increase in 2001,
and the $136,000 required to fund the cost of implementing the Mercer Job
Evaluation increase in 2001 have been fully budgeted and are to be charged to
account 840 841 3000.
CARRIED
(3) GO
TRANSIT PARKING AT CENTENNIAL
COMMUNITY CENTRE (5.14.2, 5.12.4 & 6.6)
That staff be requested to prepare a report with respect to GO Transit
parking at Centennial Community Centre to be considered by Committee of the
Whole at its meeting to be held on August 28, 2001;
And that a public meeting be held to provide input on the report prior
to consideration by Council.
CARRIED
(4) DEVELOPMENT
SERVICES COMMISSION
RE-ORGANIZATION (10.0)
That
the following new full time positions be approved for the Development Services
Commission effective immediately and the funding for such positions in 2001
come from salary gapping within the Commission:
-Senior
Project Coordinator
-Project
Coordinator (Environment/Rouge Park).
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Heath
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING - JUNE 26, 2001 (16.0)
Moved by
Regional Councillor T. Wong
Seconded by
Councillor D. Horchik
That
the Minutes of the Council Meeting held on June 26, 2001, be adopted save and
except that Clause 8 of Report No. 48 of the Development Services Committee be
amended to read as follows:
(8) INTERIM
POLICY FOR TELECOMMUNICATION
FACILITIES (10.0)
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.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
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.
CARRIED
4. PRESENTATIONS
(1) THE
REGIONAL MUNICIPALITY OF YORK -
WEST NILE VIRUS CONTINGENCY
PLAN (13.4)
Ms. Margaret
McCaffrey, Grade 11 Public Health Inspector was in attendance to make a brief
presentation to Council with respect to the West Nile Virus Contingency Plan.
(2) MARKHAM
FIRE & EMERGENCY SERVICES
DEPARTMENT - WORLD FIRE &
POLICE GAMES (12.2.6)
Council
recognized the following Markham Fire & Emergency Services staff for their
representation at the World Fire & Police Games held in Indianapolis:
Jackie Dyson Equestrian
Events 2
Gold and 2 Silver
Andrea Beneteau Womens 3
on 3 Basketball Gold
Medal
Brian Snooks Beach
Volleyball Silver
Medal
Sean Torrington Toughest
Competitor Alive 7th
Place Finish
Dave Nobert Golf
Mike Thomson Golf
Mike Hallyburton Golf
Greg Gates Golf 5th
Place Finish
Norm Dupuis Mountain
Biking
Glenn Ambrose Softball
Slo-pitch
Dave Job Softball
Slo-pitch
Terry Hayduk Softball
Slo-pitch
Blair Kelly Softball
Slo-pitch
Jeff Gayman Softball
Slo-pitch
Glen Edwards Triathlon
(3) MARKHAM FIRE EMERGENCY
SERVICES DEPARTMENT
AND PIZZA PIZZA - GRADE THREE FIRE SAFETY PROGRAM (12.2.6)
Mr. Tony
Watters, Market Manager for Pizza Pizza was in attendance to receive a plaque
from Council to acknowledge the outstanding support for the Grade 3 Fire Safety
Program in Markham.
(4) DELEGATES
FROM NORDLINGEN, GERMANY (12.2.6)
Mayor Cousens
welcomed Maximilian Czysz and Katharina Nieberle, two students from Nordlingen,
Germany who are doing volunteer work within the Town of Markham.
5. DELEGATIONS
(1) Mrs. Heather Sifton on
behalf of Toronto Airways Limited to express appreciation to the Mayor and
Members of Council for their continuing support of the Toronto Buttonville
Municipal Airport. (Clause 22 of Report No. 51 - Finance & Administrative
Committee) (5.15.1)
(2) Mr. Tupper Wheatley of
9 Willowgate Drive with respect to Madrid Development Limited. (Clause 23 of
Report No. 51 - Finance & Administrative Committee) (10.12)
(3) Ms. Shelley Bounie, 17
Milne Lane, on behalf of the Boyington Heights Ratepayers Association, with
respect to Madrid Development Limited. (Clause 23 of Report No. 41 - Finance
& Administrative Committee) (10.12)
(4) Mr. Glenn Baron of 251
Helen Avenue with respect to Town & Country BMW Hold Removal, Kennedy Road
and Helen Avenue. (Clause 1 of Report No. 52 - Development Services Committee)
(10.5)
(5) Mr. Tupper Wheatley, 9
Willowgale Drive, with respect to Town & Country BMW Hold Removal, Kennedy
Road and Helen Avenue. (Clause 1 of Report No. 52 - Development Services
Committee) (10.5)
(6) Ms. Shelley Bourne, 17
Milne Lane on behalf of the Boyington Heights Ratepayers Association, with
respect to Town & Country BMW Hold Removal, Kennedy Road and Helen Avenue.
(Clause 1 of Report No. 52 - Development Services Committee) (10.5)
(7) Mr. Jim Kirk, on behalf
of Town & Country BMW. (Clause 1 of Report No. 52 - Development Services
Committee) (10.5)
(8) Representative of
Metrus with respect to East Cathedral Community Design Plan. (Clause 5 of
Report No. 52 - Development Services Committee) (10.7)
(9) Mr. Lou Tucci, 30
Boynton Circle, on behalf of Jennings Gate Ratepayers Association with respect
to Grand Life Boulevard Corporation. (Clause 9 of Report No. 52 - Development
Services Committee) (10.5 & 10.7)
(10) Mr. John Williams, 14
Sandpiper Key Way, with respect to applications by Alex, Jerry and Angela Di
Iorio, 6650 16th Avenue. (Clause 6 of Report No. 52 - Development Services
Committee) (10.14)
(11) Mr. Glenn Baron, 251
Helen Avenue, with respect to street names in South Unionville. (Clause 2 of
Report No. 52 - Development Services Committee) (10.14)
(12) Mr. Tom Farrar, 7822 9th
Line, with respect to the Rouge Park Management Plan. (Motion 2) (10.8)
6(a) REPORT NO. 49 - CONSENT
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Heath
That Report
No. 49 - Consent be received and adopted.
(1) GREEK
ORTHODOX COMMUNITY OF MARKHAM
REQUEST FOR SPECIAL
OCCASION PERMIT -
ANNUAL GREEK FESTIVAL - JULY
20, 21, 22 AND
27, 28, 29, 2001 (3.21)
That the
Alcohol and Gaming Commission of Ontario be advised that the annual Greek
Festival is a community festival held at 11359 Warden Avenue and the Town of
Markham has no objection to the issuance of a Special Occasion Permit subject
to compliance with all applicable by-laws, regulations and Town's requirements
for Special Occasion Permits with respect to temporary facilities.
CARRIED
6(b) REPORT NO. 50 - COMMUNITY SERVICES
COMMITTEE
Council
consented to separate Clause 5.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That Report
No. 50 - Community Services Committee be received and adopted
June 25, 2001
(1) OLDER
ADULTS/SENIORS CLUBS FACILITY USE POLICY
(2.1 & 6.0 & 12.2.6)
That it be
recommended to Council that the Older Adults/Seniors Clubs Facility Use Policy
detailed below be approved:
Model One -
The Club Model
The Club Model
is the operating model that would be for groups who are established in the
community with a membership of 250 and have dedicated facility space.
The
group must obtain not-for-profit status.
The group must consist of a minimum of 75%
Markham residents.
Groups
will need to submit an annual membership/residency list by January 31 of each
year.
Groups with an annual membership of 250 or
more will be required to pay a minimum annual membership fee of $20 per member.
Groups must enter into an operational
agreement with the Town of Markham, clearly defining Town and club authority,
responsibilities, degree of exclusive facility use, cost sharing and
governance.
Model 2 -
Drop-In Program Model
The drop in
program model is for groups who have less than 250 members and do not have
dedicated facility space. The model
would accommodate new and existing groups.
The groups would be required to provide the following:
The
group must consist of a minimum of 75% Markham residents.
Groups
will need to submit an annual membership/residency list by January 31 of each
year.
The
groups would fall under the Hall and Meeting Room rate subsidy. The groups would be responsible for a
minimum of 10% of the total rental rates and fees for the use of facilities, if
it were financially feasible. If it
were not financially feasible, staff would be required to negotiate an annual
donation for the facility from the club if they cannot contribute the 10% of
rental costs and report to Council and recommend to Council the proposed club
rate.
(2) FACILITY USE AGREEMENT
BETWEEN OLDER ADULTS
IN ACTION AND THE TOWN OF MARKHAM (6.0 & 8.2 &12.2.6)
That it be
recommended to Council that the Facility Use Agreement between the Older Adults
in Action (OAIA) and the Town of Markham Recreation Department, respecting the
Senior Centre at 22 Water Street, be approved, in a form satisfactory to the
Town Solicitor, for the period January 1, 2001 to December 31, 2004.
(3) MILLIKEN ON THE MOVE
- OLDER ADULT PROGRAM (6.0 & 12.2.6)
That it be
recommended to Council that the Milliken On The Move - Older Adult Program be
continued as a permanent drop-in older adult program within the Recreation
Services Department.
(4) IMPROVEMENTS
TO SOCCER FIELD AT MOUNT JOY
COMMUNITY CENTRE (6.0 & 6.10)
That it be
recommended to Council that the Mount Joy soccer field be upgraded to the
"A" field standard to include lighting, fencing and bleachers at an
estimated cost of $210,000;
And that DCA
funding in the amount of $210,000 be advanced for upgrading the Mount Joy
soccer field;
And further
that staff be directed to commence the processes required under the Town's
purchasing by-law to implement the upgrades.
CARRIED
(5) MARKHAM
GARDEN AWARDS PROGRAM (6.3 & 12.2.6)
That it be
recommended to Council that a Markham Garden Awards Program be approved;
And that a
Markham Garden Awards Committee be established which will include:
-
two members of Council (Councillor E. Shapero and Councillor A. Chiu)
-
one staff representative from the Parks Construction and Maintenance Department
-
one staff representative from the Urban Design Department, and
-
members of the Markham Garden Society and the Thornhill Horticultural Society
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor A. Chiu
Seconded by Councillor J. Heath
That Clause 5 be amended to appoint two Councillors E. Shapero and A.
Chiu, to the Markham Garden Awards Committee.
CARRIED
(6) HONOUR GUARD - FIRE AND
EMERGENCY SERVICES
IN HONOUR OF ALMA WALKER, FORMER MAYOR (7.15 & 12.2.6)
That it be
recommended to Council that it be suggested that the Honour Guard that is being
considered jointly by the Markham Professional Fire Fighters' Association and
the Markham Fire and Emergency Services Department be established in honour of
Markham's former Mayor, Mrs. Alma Walker;
And that this
recommendation be forwarded to the Association's membership for consideration.
(7) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES
COMMITTEE MEETING – JUNE 25,
2001 (16.0)
CARRIED
6(c) REPORT NO. 51 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses 6, 11, 20, 23, 25 and 26.
Moved
by Councillor K. Usman
Seconded
by Regional Councillor G. Landon
That
Report No. 51 - Finance & Administrative Committee be received and adopted.
July 9, 2001
(1) REQUEST FOR RELIEF - CARE AND
MAINTENANCE FUND
CEMETERIES ACT - WADI AL-SALAM
CEMETERY (9.3 & 10.6)
That
Council advise the Ministry of Consumer and Business Services, Cemeteries
Branch that the Town of Markham has no objection to the request from the Al
Hussain Foundation for support for a reduction of the $100,000.00 deposit into
the Care and Maintenance Fund required by the provincial regulations under the Cemeteries Act for new cemeteries;
And
that the Town enter into a written agreement with the Foundation, satisfactory
to the Town Solicitor, outlining the following conditions to the support:
- Deposit of $50,000.00 into a Trust
Account approved by the Ministry
- The sum of $400.00 for each of the first
125 interments to be added to the Account until it reaches $100,000.00
- The Foundation deposit in the Account,
the greater of 40 per cent of the cost of the plot price or $150.00,
within 60 days after the selling or transferring of an interment right to
a purchaser for the remaining 875 plots;
And further
that the required memorandum of undertaking, satisfactory to the Town
Solicitor, be prepared for the Ministry of Consumer and Business Services,
Cemeteries Branch in support of The Al Hussain Foundation's application for a
50 per cent reduction of the $100,000.00 deposit into the Care and Maintenance
Fund.
(2) LIBRARY BOARD'S
FINANCIAL STATEMENTS
AND AUDITORS REPORT FOR THE 2000 YEAR END
(7.2)
That Council
receive for information the July 9, 2001 report entitled 'Library Board's
Financial Statements and Auditors Report for the 2000 Year End'.
(3) 032-R-00 - JANITORIAL SERVICES FOR
MARKHAM
CIVIC CENTRE (7.12)
That
Arsenal Cleaning Services be awarded a one year contract for Janitorial
services at the Civic Centre for the period August 1, 2001 to July 31, 2002,
with an option to extend into a second year based on quality of service and
negotiations in the total amount of $131,443.44 inclusive of 7% GST
($126,529.66 inclusive of 3% GST), year 1 and $134,072.31 inclusive of 7% GST
($129,060.26 inclusive of 3% GST), year 2 being the best-qualified and highest
ranked company;
And
that the service be funded from the Capital Assets Operating Budget, Civic
Centre Janitorial Account No. 750 751 5311, in the amount of $126,529.66.
(4) WATER METER SUPPLY CONTRACT (7.12.1)
That
Schlumberger Industries Ltd. be awarded a three year contract for the period
July 1, 2001 to June 30, 2004 for the purchase of water meters, at the
guaranteed 1999 prices, in accordance with the proposal received from
Schlumberger on March 13, 2001.
(5) TENDER AWARD - EXTENSION OF MINTHORN
COURT (7.12.1)
That Sanan
Construction be awarded tender 113-T-01 for Minthorn Court Extension in the
tender amount of $431,901.43, inclusive of all taxes and contingency
($415,755.58 inclusive of 3% GST and contingency), being the lowest acceptable tender received;
And further that an amount of $60,547 be allocated for engineering
design and construction inspection of this project;
And further that an amount of $95,910.39 (inclusive of 3% GST) be
received from the Region of York being their cost sharing to this part of the
project resulting a net funding of $380,392.19 ($415,755.58 plus $60,547 minus
$95,910.39);
And further that the
project be funded in the amount of $380,392.19 from the Engineering Department,
Capital Project # 3760, Account # 083-5350-3760-005.
And that the contract not
be executed until all property issues and approvals are resolved to the
satisfaction of the Director of Engineering.
(6) DELEGATION OF AUTHORITY TO CHIEF
ADMINISTRATIVE
OFFICER AND TO THE FINANCE
& ADMINISTRATIVE
COMMITTEE (10.6 & 16.23)
That
the Chief Administrative Officer be delegated authority from July 11, 2001 to
August 26, 2001 to call public meetings, grant site plan approval, revise draft
plan approvals, award contracts within the approved budget and act upon any
general administrative issues usually approved by Council, save and except
items of an emergency nature which shall be delegated to the Finance &
Administrative Committee.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor K. Usman
Seconded by Deputy Mayor F. Scarpitti
That Clause 6 be amended to add the dates
'from July 11, 2001 to August 26, 2001'.
CARRIED
(7) TOWN
CONVEYANCE OF RESERVES
BLOCKS HHH AND III, PLAN 7695 TO REGION OF YORK
ONE FOOT RESERVE ALONG BAYVIEW AVENUE (8.5)
That
Blocks HHH and III, Plan 7695 (one foot reserve along Bayview Avenue) be
declared surplus property pursuant to Town of Markham By-law No. 178-96;
And
that notice of the proposed disposition of such lands be placed on the agenda
for the Council meeting on July 10, 2001, also required by Town of Markham
By-law No. 178-96;
And
further that a by-law be enacted at the Council meeting on August 28, 2001,
authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to the
Regional Municipality of York for lands legally described as Blocks HHH and
III, Plan 7695, in a form satisfactory to the Town Solicitor.
(8) GEORGE PARASKEVAKOS AND BEST HOMES
LIMITED
SALES TRAILER AGREEMENT (8.4)
That the Town
be authorized to enter into a Sales Trailer Agreement with George Paraskevakos
and Best Homes Limited, with respect to Part of Lot 8, Concession 6, being
Draft Plan 19TM-97009 and that the Mayor and Clerk be authorized to execute the
agreement in a form satisfactory to the Town Solicitor.
(9) WISMER MARKHAM
DEVELOPMENTS INC.
- MODEL HOME AGREEMENT (8.4)
That the Town
be authorized to enter into a Model Home Agreement with Wismer Markham Developments
Inc. with respect to Lots 21 and 22, on Draft Plan of Subdivision 19T-95039,
Phase 1 and that the Mayor and Clerk be authorized to execute the agreement in
a form satisfactory to the Town Solicitor.
(10) 2001 BUSINESS PLAN FOUNDATION BOARD -
FREDERICK
HORSMAN VARLEY ART GALLERY
(6.12)
That
the Varley-McKay Art Foundation of Markham endorse the expenditures for 2001 as
detailed in the report dated July 9, 2001;
And
that the Foundation endorse the appointment of Donald Hindson as the new Chair
of the Foundation Board of Directors.
(11) TAXI
LICENSING AND LIMOUSINE LICENSING (2.23)
That
Council authorize staff to approach the York Region municipalities to discuss
the following long term solutions:
- Area-Wide Reciprocal Licensing; OR
- Area-Wide Taxi Commission;
And
that a public meeting be held in September for the purpose of presenting
possible recommendations for an improved level of taxi service;
And
that the Clerk be authorized to immediately request By-law Enforcement staff to
commence work earlier in the day and finish later for a higher level of
enforcement in the area of taxis and limousines;
And
that the Clerk be authorized to hire contract officers to enforce the Taxi and
Limousine By-laws outside of the C.U.P.E. contract hours;
And
that the Clerk meet with representatives of local hotels to request
co-operation in designating taxi and limousine 'waiting' spots.
CARRIED
(12) CONSOLIDATED FINANCIAL
STATEMENTS
& AUDITORS REPORTS FOR THE 2000 YEAR END (7.2)
That
Council approve the Corporation of the Town of Markham's Consolidating
Financial Statements and Trust Funds Financial Statements for the fiscal year
ended December 31, 2000;
And
that Council receive the Unionville Business Improvement Area and the Old
Markham Business Improvement Area Financial Statements for the fiscal year
ending December 31, 2000.
(13) PROPERTY STANDARDS MATTER - 10 BLACK
CHERRY (2.9)
That
Council receive as information this report respecting measures taken, pursuant
to Council's direction, to bring the premises at 10 Black Cherry Drive into
conformity with the Property Standards Order issued by Officer Lees dated
October 31, 2000;
And
further that the costs of the property clean-up and related storage costs be
deemed to be municipal real property taxes and collected in the same manner as
such taxes in the event that such costs are not paid by the property owners
within 30 days after receipt of an invoice for these costs.
(14) SANITARY SEWER RELOCATION HIGHWAY 404
CROSSING
AT JOHN STREET (5.5)
That
Engineering Department staff be authorized to retain the consulting firm of
MacViro Consultants to prepare detailed design drawings, specifications and
tender documents and provide inspection services for the relocation of the
Highway 404 sewer crossing to an upset limit of $28,870.00 inclusive of all
taxes and disbursements ($27,810.00 inclusive of 3% GST);
And
that the purchasing policy 143-2000 be waived;
And
that the cost of the design work be funded from the Sewer and Watermain
Reserve;
And
that the Engineering Department 2001 Capital Budget be amended accordingly;
And
that Engineering Department staff be authorized to invite tender for the sewer
relocation work from qualified contractors;
And
that staff report back to Finance & Administrative Committee on August 27,
2001, as to financing of this project and a recommendation for the award of the
construction tender.
(15) YORK REGIONAL POLICE 2000 - 2001 BUSINESS
PLAN (13.4.10)
That
the York Regional Police invite members of the Town of Markham's Council to
participate in the 2001 consultation process to update and review the 2000 -
2001 York Regional Police Business Plan;
And
that the York Regional Police ensure that the Business Plan addresses the
concerns of the Town of Markham with respect to policing, including the
changing community demographics, traffic issues and crime prevention;
And
that the York Regional Police designate a permanent liaison with the Town of
Markham to work with Town staff to improve the coordination of efforts between
staff and the police in addressing Town priorities and to improve policing
efforts within the Town;
And
that staff of the CAO's Office facilitate an initial meeting with the York
Regional Police, Town Staff and Council representatives (Councillor Usman, Councillor
Shapero and Regional Councillor Wong) to promote a more collaborative working
relationship between the Town of Markham's staff and the York Regional Police.
(16) DOG LEASH-FREE AREAS (2.8 & 6.3)
That
staff implement a "Dog Leash-Free Area" at Milne Dam Conservation
Park on a 14 month pilot project basis including placing a temporary fence to
delineate the west boundary of the "Dog Leash-Free Area";
And
that if the Sub-Committee receives acceptable proposals from other Dog Watch
Groups, one "Dog Leash-Free Area" pilot project be considered for
each of the communities of Thornhill, Milliken and Unionville;
And
further that the cost for materials for each of the pilot project will be less
than $500.00. The labour will be
absorbed within current staff complement.
Therefore, the approval of the Pilot, based on the guidelines and
process stated in the report can be absorbed in the 2001 Parks Department
Budget.
And
that the Clerk be authorized to ensure that there will be sufficient staff to
monitor all areas of the Park prior to the commencement of the pilot project.
(17) MARKHAM VILLAGE
TRAIN STATION RESTORATION (16.11 & 6.0)
That
approval be granted for bridge financing in the amount of $143,500 for the
Markham Village Train Station Restoration until money from the three partners
has been received.
(18) FLEET LOGOS (12.0)
That the fleet
logos attached as Appendix 'B' and presented by the Commissioner of Community
Services be approved.
(19) JOB EVALUATION REPORT - REVIEW OF
COMPENSATION
FOR LIBRARY NON-UNION STAFF
(11.0)
That,
based on the Review of Compensation conducted by William M. Mercer, the salary
structure for Library Non-Union staff be approved effective July 1, 2001;
And that the
2001 funding of $34,872 required for this program be charged to Account No. 840
841 3000, in the budgeted amount of $24,000 and the shortfall be absorbed
through full-time and part-time salary gapping from within the 2001 Library
operating budget.
(20) OMB
VARIANCE APPEAL OF COMMITTEE OF ADJUSTMENT
DECISION - 64 LINCOLN GREEN DRIVE, MARKHAM (10.12)
That
the Town Solicitor appear before the Ontario Municipal Board on August 24,
2001, on a hearing of an appeal from the Committee of Adjustment's decision to
refuse an application for minor variance at 64 Lincoln Green Drive, Markham
(Committee of Adjustment File No. A/188/00) to support the Committee of
Adjustment's decision.
CARRIED
(Councillor J. Virgilio
abstained)
(21) ESTABLISHMENT OF A CHIEF INFORMATION
OFFICER (CIO)
POSITION IN THE CORPORATE
SERVICES COMMISSION (11.0)
That
the Corporate Services Commission be granted approval to establish a full time
Chief Information Officer (CIO) position;
And
that the Commissioner of Corporate Services be the Acting CIO until an
appropriate candidate is hired.
(22) TORONTO BUTTONVILLE MUNICIPAL AIRPORT -
EXTENSION OF LEASE, SUB-LEASE
AND OPERATING
AGREEMENTS - EXECUTION OF
CAPACITY
MAINTENANCE AGREEMENT (GTAA)
(5.15.1)
That
the Mayor and Clerk be authorized to enter into an agreement between the
Greater Toronto Airports Authority, Toronto Airways Limited, Townco and the
Town to provide for annual payments to December 31, 2015, by the Greater
Toronto Airports Authority to Toronto Airways Limited to facilitate the
continued operation of the Toronto Buttonville Municipal Airport, in a form
substantially in accordance with the agreement attached to the report and in a
form satisfactory to the Town Solicitor;
And
that the Mayor and Clerk be authorized to execute an Extension Agreement
between Toronto Airways Limited, Townco and the Town of Markham to facilitate
the continued operation of the Toronto Buttonville Airport, which Extension
Agreement would extend the existing Lease, Sublease and Operating Agreements to
December 31, 2010, subject to the deletion of clause 6.2 from the Primary
Agreement, and in a form substantially in accordance with the agreement
attached to the report and in a form satisfactory to the Town Solicitor.
(23) MADRID DEVELOPMENT LIMITED, 5221 HIGHWAY
#7 -
REZONING AND SITE PLAN APPEALS
TO OMB (10.12)
Moved
by Deputy Mayor F. Scarpitti
Seconded
by Regional Councillor G. Landon
That
the Town Solicitor be instructed to attend at an Ontario Municipal Board
pre-hearing to oppose an appeal related to a rezoning application and a referral
of a site plan application to permit an office/retail building and restaurant
at 5221 Highway No. 7, Markham;
And
that the Town Solicitor be instructed to retain an outside planning consultant
to support Council's position if such position cannot be endorsed by the
Development Services Commission;
And
that the Town Solicitor be instructed to retain outside traffic consultants.
CARRIED
(See following motion which was
lost)
That the Town Solicitor be instructed to
negotiate with Madrid Development Limited with respect to applications for site
plan approval and rezoning to permit an office/retail building and a restaurant
at 5221 Highway #7 based on the recommendations contained in the Report to
Development Services Committee dated March 6, 2001;
And that if such negotiations are not
successful, the Town Solicitor be instructed to attend the Ontario Municipal
Board pre-hearing of an appeal by Madrid Development Limited and oppose the
rezoning application and site plan application to permit an office/retail
building and restaurant at 5221 Highway No. 7, Markham;
And that the Town Solicitor be instructed to
retain an outside planning consultant to support Council's position if such
position cannot be endorsed by the Development Services Commission.
MOTION LOST
(See following
recorded vote) (3:9)
YEAS: Councillor
S. Daurio, Councillor J. Virgilio and Councillor G. McKelvey. (3)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong,
Councillor E. Shapero, Councillor J. Heath, Councillor D. Horchik, Councillor
K. Usman, Councillor A. Chiu, Mayor D. Cousens. (9)
ABSENT: Regional Councillor B. O'Donnell
(24) 107 WOODWARD AVENUE, MARKHAM
ONTARIO MUNICIPAL BOARD -
VARIANCE APPEAL
COMMITTEE OF ADJUSTMENT FILE
NO. A/28/01 (10.12)
That
the Town Solicitor appear before the Ontario Municipal Board on July 19, 2001
on a hearing of an appeal from the Committee of Adjustment's decision to refuse
an application for minor variance at 107 Woodward Avenue, Markham (Committee of
Adjustment File No. A/28/01) to support the Committee of Adjustment's decision.
(25) RESTORATION APPROACH FOR THE WISMER-LUNAU
HOUSE - 5884 16TH AVENUE -
(16.11)
That
Council endorse in principle the building restoration plan and landscape plan
prepared by Town Staff, dated July 9, 2001 for the Wismer-Lunau House, 5884
16th Avenue, Markham Heritage Estates;
And
that the future purchaser of the Wismer-Lunau House property at 5884 16th
Avenue be required, as a condition of the purchase and sale agreement with the
Town, to restore the house according to the approved restoration plan, and
standard Markham Heritage Estates requirements, and implement the landscape
plan;
And
that the Capital Assets Management staff be authorized to immediately
-
initiate the land division process for the Wismer-Lunau property, through the
municipality's power of conveyance; and
-
commence the marketing, pricing and sale of the proposed future heritage
residential lot at 5884 16th Avenue containing the Wismer-Lunau House.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor J. Heath
Seconded by Councillor A. Chiu
That Clause 25 be amended to amend the last
sentence of the resolution to read:
'commence
the marketing, pricing and sale of the proposed future heritage residential lot
at 5884 16th Avenue containing the Wismer-Lunau House.'
CARRIED
(26) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – JULY 9,
2001 (16.0)
That
the Finance & Administrative Committee minutes dated July 9, 2001 be
received.
CARRIED
6(d) REPORT NO. 52 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses 1, 2,
5, 6, 9, 14 and 15.
July 9, 2001
(1) TOWN & COUNTRY BMW, KENNEDY ROAD
& HELEN AVE.
HOLD (H) REMOVAL, AUTOMOBILE
DEALERSHIP (10.5)
That the request by Town & Country BMW
Ltd. to amend By-law
122-72, as amended, to remove the (H)
- Hold provision of the "Community Amenity Hold
(CA(H))" zoning of the lands at the north-east corner of Kennedy Road and
Helen Avenue be approved, and the implementing By-law be enacted, subject to
Town & Country BMW Ltd. providing correspondence which confirms the owner's
commitment to constructing a new BMW dealership facility at the north-east
corner of Kennedy Road and Helen Avenue in conformity with the Council-approved
site plan and all conditions thereto.
CARRIED
(See following recorded vote) (10:2)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor G. Landon, Regional Councillor T. Wong,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu, Mayor D.
Cousens. (10)
NAYS: Councillor
E. Shapero and Councillor J. Heath. (2)
ABSENT: Regional Councillor B. O'Donnell
(2) ABIDIEN INC. AND EDEN
OAK (UNIONVILLE) INC.
IN SOUTH UNIONVILLE, REQUEST FOR STREET NAMES
(19TM-97009, 19TM-98005 AND 19TM-98018) (10.14)
That
the following street names requested by Abidien Inc. for two plans of
subdivision on the north side of Helen Avenue in South Unionville (19TM-97009
AND 19TM-98005) be approved:
-
Ian Baron Avenue
-
Harry Cook Drive
-
Killdeer Gate
And
that the following street names requested by Eden Oak (Unionville) Inc. for a
Plan of Subdivision in South Unionville, west side of McCowan Road, north of
Highway 407 (19TM-98018) be approved:
-
Walter Thomas Avenue
-
Spiker Street
-
Vineland Street
And that staff be requested to review the
name Raymond Bartlett as a street name for plan of subdivision 19TM-98018 and
if appropriate, such name be approved in place of Walter Thomas Avenue.
CARRIED AS AMENDED
(See following to
amend)
Moved by Councillor K. Usman
Seconded by Deputy Mayor F. Scarpitti
That Clause 2 be amended to add the following
paragraph:
And that staff be requested to review the name Raymond Bartlett as a
street name for plan of subdivision 19TM-98018 and if appropriate, such name be
approved in place of Walter Thomas Avenue.
CARRIED
(3) TENSTONE DEVELOPMENT
INC. WEST SIDE OF
TOWN CENTRE BOULEVARD, NORTH OF TOWN CENTRE NEIGHBOURHOOD
PARK AT COX BOULEVARD INTERSECTION
RESIDENTIAL PLAN OF CONDOMINIUM NO.: 19CDM-200101 (10.20)
That
application for Plan of Condominium, File CU 01 108129, submitted by Tenstone
Development Inc. for 80 residential townhouses on Town Centre Boulevard, be
approved subject to the following conditions:
- Approval
shall relate to the Draft Plan of Condominium prepared by R. Avis Surveying
Inc., dated March 28, 2001.
- That all
provisions of the Site Plan Control Agreement dated August 31, 1999
between the Owner and the Town be fulfilled to the satisfaction of the
Town.
- That the
Town receive and accept the following certificates for the proposed
condominium:
a)
A certificate from the
applicant’s architect stating that all buildings are substantially completed
and have been constructed in accordance with the plans contained in the Site
Plan Control Agreement with the Town dated August 31, 1999 and in accordance
with the Building Code.
b)
A certificate from the
applicant’s surveyor stating that all buildings are substantially completed and
have been located on the ground in accordance with the site plans contained in
the said Site Plan Control Agreement.
c)
A certificate from the
applicant’s engineer stating that all on site works and the inspection of such
have been completed in accordance with the plans and conditions in the said
Site Plan Control Agreement and that above and below ground services, asphalt
paving and demarcation of parking spaces have been substantially completed in
accordance with the plans and conditions in the said Site Plan Control
Agreement.
d)
A certificate from the
applicant’s landscape architect stating that all landscaping has been installed
and completed in accordance with the landscape plans contained in the Site Plan
Control Agreement.
- That the
Owner enter into a Condominium Agreement if required by the Town.
- That
prior to final approval, the applicant shall submit to the Town for review
the Condominium Declaration for the proposed condominium.
- That
the Condominium Declaration include the following provisions:
a)
That building permit
applications be filed by Tenstone Development Inc. or by the condominium
corporation for all construction affecting common elements and on behalf of
individual condominium owners for construction affecting exclusive use areas.
b)
That Tenstone
Developments Inc. or the Condominium Corporation will at all times be
responsible for ensuring that construction anywhere in the building is
authorized by the Town and complies with the requirements of the Ontario
Building Code and all applicable law.
c)
That Tenstone
Development Inc. or the Condominium Corporation include as a condition of
purchase and sale of exclusive use areas that the purchaser agrees not to do
work requiring a building permit within an exclusive use area until such permit
is issued.
- That
appropriate easements or similar instruments be granted between the
Condominium Corporation and the Owners of the adjacent parcels allowing
integrated access throughout the on site driveways leading to the public
road system.
- That the
applicant shall demonstrate zoning compliance to the satisfaction of the
Town, or obtain the necessary approvals with respect to any non-compliance
issues, which may arise as a result of the registration of the
condominium, prior to release for registration.
- That
agreements be entered into between the Condominium Corporation and the
Condominium Corporation to the west and the owners of 200 Town Centre
Boulevard to the north providing for cross use and joint maintenance of
driveways and other areas of common benefit.
- Payment
of any outstanding taxes owning to the Town of Markham.
- Payment of any outstanding local
improvement charges, fees or recoveries owning against the subject lands.
(4) MILLIKEN MILLS
SUBCOMMITTEE MINUTES, JULY 3, 2001
E. EBOH, 48 JAFFRAY ROAD, SITE PLAN APPLICATION (SC.00-243145) (10.6)
That the record of the Milliken Mills
Subcommittee meeting, held on July 3, 2001, without quorum, regarding the
application for Site Plan Approval SC.00-243145, submitted by E. Eboh for a
group home at 48 Jaffray Road, be received;
And
that the application for Site Plan
Approval SC.00-243145 submitted by E. Eboh to permit a Group Home at 48 Jaffray
Road be denied;
And further, that discussions regarding the
Town of Markham Group Home Policy be referred to a work session in the fall of
2001.
(5) EAST CATHEDRAL COMMUNITY DESIGN PLAN
(10.7)
That the East
Cathedral Community Design Plan be approved in principle;
And that the
East Cathedral landowners be required to undertake the following revisions to
the East Cathedral Community Design plan:
- The Community Structure
section requires greater discussion and emphasis on the connection of this plan
to the existing Cathedral and the future West Cathedral Community.
- Reconfiguration and
redistribution of the proposed townhouse blocks to front onto the school/park
campus.
- The deletion of all back
lotting on the valley and the creation of window streets.
- Lots backing onto the
southerly neighbourhood park are required to be increased in depth in order to
accommodate tree preservation in rear yards.
- Identification of all
heritage resources and clarification of their treatment.
- Language to permit the
adjustment of the depth of buffer blocks to accommodate noise fence/berm
combinations (With a maximum fence height of 2.0 metres).
- The delineation and approval
of the valley land buffer based on the Environmental management plan submitted
to the TRCA for approval.
- Reconfiguration of the lots
adjacent to the Hydro Corridor to incorporate a minimum frontage of 18.3 metres
(60 feet)
And that the
final approval of the East Cathedral Community Design Plan be required from
Development Services Committee.
CARRIED AS AMENDED
(See following to
amend)
Moved by Councillor D. Horchik
Seconded by Deputy Mayor F. Scarpitti
That Clause 5 be amended to:
1) require
the landowners to make the necessary revisions.
2) add
the following:
-Reconfiguration
of the lots adjacent to the Hydro Corridor to incorporate a minimum frontage of
18.3 metres (60 feet)
3) amend
final approval be required from Development Services Committee.
CARRIED
(6) ALEX,
JERRY AND ANGELA DI IORIO, 6650 16TH AVENUE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION (ZA 00 246516
AND SU 00 246509) (19TM-20006) (10.5, 10.7)
That
application ZA 00 246516 by
Alex, Jerry and Angela Di Iorio for amendments to Zoning By-laws 304-87 and
177-96 at 6650 16th Avenue to implement plan of subdivision
19TM-20006 (application no. SU 00
246509) be approved, and the amending By-laws be passed and
enacted;
And that plan of subdivision 19TM-20006
(application no. SU 00 246509),
prepared by KLM Planning Partners Inc., identified as Project Number P-324
(01:4) dated April 18, 2001 be draft approved subject to the conditions
outlined in Appendix ‘F’, and the payment of the required 30% subdivision
processing fee in accordance with the Town’s Tariff of Fees By-law, prior to
draft approval by Council;
And that the required street tree/landscape plan for the collector road
to be prepared by a qualified landscape architect, in consultation with the
Swan Lake Village Neighbourhoods of Greensborough Committee, be subject to approval
by Development Services Committee;
And that Council resolve that the provisions
of OPA 40 (which would limit zoning to 50% of the units in the landholdings)
need not apply;
And that the plan or any phases thereof not
be released for registration and the (H) Holding zoning provision not be
removed from the zoning until the 9th Line sanitary trunk sewer has
been constructed and the Town has allocated sanitary sewer capacity, and the
Greensborough Landowners Group has entered into a legal agreement with the Town
to implement the provisions of the Greensborough Development Phasing Plan, and
a subdivision agreement has been entered into by the individual plan owner to
the satisfaction of the Town;
And that water supply allocation for 45 units
(37 full lots and part lots to be combined with part lots on Plan 19T-95012) be
granted, subject to written confirmation from the Greensborough Developers’
Group Trustee that such allocation has been made available to this plan of
subdivision from the total allocation available for the Greensborough Secondary
Plan area;
And further that the Town reserves the right
to revoke or reallocate the water supply allocation should the development not proceed in a timely manner;
And that the
approval of these applications has no affect on whether or not there will be an
entrance to the Swan Lake community from the central collector road at the
Boardwalk Way;
And that
construction vehicle access shall be restricted to the east side of the subject
lands from 16th Avenue (at the location of the proposed cul-de-sac) and
barricades shall be provided on the central collector road where necessary to
prevent construction vehicle access, to the satisfaction of the Town and the
Region of York, and that section 16.7 of the conditions of draft approval be
amended accordingly;
And further that the letter from the Director
of Engineering as directed by the Environment & Transportation Committee at
its meeting held on May 14, 2001 as set out in Schedule 'A' of the Swan Lake
Village Neighbourhoods of Greensborough Committee letter to Council dated June
1, 2001, be provided to the Swan Lake Village Neighbourhoods of Greensborough
Committee.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That Clause 6 be amended to add the following
paragraph:
And further that the letter from
the Director of Engineering as directed by the Environment & Transportation
Committee at its meeting held on May 14, 2001 as set out in Schedule 'A' of the
Swan Lake Village Neighbourhoods of Greensborough Committee letter to Council
dated June 1, 2001, be provided to the Swan Lake Village Neighbourhoods of
Greensborough Committee.
CARRIED
(7) 300
JOHN STREET AND PROPERTIES CAD-CAR INC.
THORNHILL SQUARE, SITE PLAN APPROVAL TO PERMIT A
LARGE-FORMAT RETAIL DEVELOPMENT (SC 01 108999) (10.6)
That application SC 01
108999 for site plan approval submitted by 300 John Street and Properties
Cad-Car Inc. to permit a large-format retail development at Thornhill Square
Shopping Centre be denied.
And that the applicant and the Town enter
into a community consultation process to identify and assess alternative
redevelopment schemes for the Thornhill Square Shopping Centre.
(8) PLACES
OF WORSHIP STUDY, CONSULTANT SELECTION AND BUDGET
(MI 441) (10.8)
That Macauley Shiomi Howson Ltd. and
associated sub-consultants be retained to undertake the Places of Worship
Study;
And that the Director of Planning be
authorized to prepare a standard consulting contract, incorporating a final
work program acceptable to the Director of Planning, and a consultant budget
not to exceed $47,000 (exclusive of GST), plus provision for an additional
$3000 contingency, up to the $50,000 budget approved for this study in the 2001
Capital Budget;
And further that the Mayor and Clerk be
authorized to execute the standard form of consultant contract;
And that the
study include a review of parking
requirements;
And further,
that Regional Councillor Scarpitti, Councillor Daurio and Councillor Chiu be
appointed to a Subcommittee for the Places of Worship Study.
(9) GRAND LIFE BOULEVARD
CORPORATION
NE CORNER OF WOODBINE AVE. AND MAJOR MACKENZIE DRIVE
DRAFT PLAN OF SUBDIVISION AND REZONING
(SU 00 246584 ZA 00 246589) (10.5, 10.7)
That the
Record of Public Meeting held on March 6, 2001 regarding the proposed plan of
subdivision and implementing zoning by-law files SU 00 246584 and ZA 00 246589,
submitted by Grand Life Boulevard for the north-east corner of Woodbine Avenue
and Major Mackenzie Drive be received;
And
that Phase One of Draft Plan of Subdivision 19TM-20007 prepared by KLM Planning
Partners Inc., identified as Project Number P-93195, dated March 12, 2001, be
draft approved, subject to the conditions of draft plan approval set out in
Appendix ‘A’ to the report, and the revisions set out below:
·
Realignment of the
boundaries of the draft plan to reflect the phase 1 area set out in the East
Cathedral Community Development Phasing Plan, incorporating a maximum of 160
lots (Phase 1 draft plan);
·
Preparation of a
detailed noise impact and grading study for the developed area adjacent to
Major Mackenzie Drive;
·
Widening of the noise buffer blocks (Blocks 311, 312,
and 313), to the extent determined through
a detailed noise impact and grading study, so that satisfactory noise
mitigation can be achieved with noise barriers that do not exceed 2 metres in
height;
·
Widening of the Woodbine Avenue and Major Mackenzie
Drive road allowances as set out in the Region of York’s red-line revisions;
·
Provision of a 0.3 metre
reserve along the Major Mackenzie Drive road allowance as set out in the Region
of York’s red-line revisions;
·
Reconfiguration of the
residential blocks between Major Mackenzie Drive and Street ‘7’ to accommodate the
draft plan revisions noted in the previous three bullet points;
·
Incorporation of the
approval conditions of the Toronto and Region Conservation Authority into
Appendix A “Conditions of Draft Plan Approval” and incorporation of any
associated red-line revisions to the draft plan of subdivision as required;
·
Payment of the required
30% subdivision processing fee in accordance with the Town’s Tarriff of Fees
By-law;
·
reconfiguration of the
first tier of lots north of Major
Mackenzie Drive to incorporate a minimum frontage of 18.3 metres (60
feet);
And
that any future approval of Phase 2 of Draft Plan of Subdivision 19TM-20007
incorporate, along with any other applicable revisions or conditions, the
following required revisions:
·
reconfiguration of the
lots adjacent to the neighbourhood park so that they front directly onto the
park;
·
reconfiguration of the
lots adjacent to the Hydro Corridor to incorporate a minimum frontage of 18.3
metres (60 feet);
·
enhanced landscaping and
screening be required for the rear yards adjacent to the hydro corridor to
adequately screen Jennings Gate from this development;
And that staff be directed to prepare the implementing zoning by-law
for submission to Council at the next available meeting;
And that the plan or any phase thereof not be
released for registration and the (H) Holding zoning provision not be removed
from the zoning until the Development Phasing Plan for the East Cathedral
Community is completed to the satisfaction of the Town, and until the East
Cathedral Developers Group has entered into a legal agreement with the Town to
implement the provisions of the phasing plan as approved by the Town;
And
that the Town reserves the right to revoke or reallocate water supply to the
Draft Plan of Subdivision should the development not proceed in a timely
manner;
And
that Phase Two of Draft Plan of Subdivision 19TM-2007 not be draft approved
until additional water allocation is assigned to the Cathedral Community or
until a Developers Group Agreement is struck and alternate arrangements are
made and agreed to by the Town in consultation with the Trustee for the
Developer’s Group;
And further that no construction traffic shall be allowed through
the intersection of Woodbine Avenue and Elgin Mills Road such that no
construction traffic shall be allowed through the hamlet of Victoria Square.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor D. Horchik
Seconded by Deputy Mayor F. Scarpitti
That Clause 9 be amended to add the following
two paragraphs:
·
enhanced landscaping and
screening be required for the rear yards adjacent to the hydro corridor to
adequately screen Jennings Gate from this development;
And
further that no
construction traffic shall be allowed through the intersection of Woodbine
Avenue and Elgin Mills Road such that no construction traffic shall be allowed
through the hamlet of Victoria Square.
And
that the word 'requested' in the second paragraph be changed to 'required'.
CARRIED
(10) GENERIC
ARCHITECTURAL CONTROL GUIDELINES FOR
SUBDIVISIONS WITHIN THE TOWN OF MARKHAM THAT WILL BE
SUBJECT TO PRIVATELY ADMINISTERED ARCHITECTURAL CONTROL (10.0)
That
the generic architectural control guidelines entitled “Architectural Design
Guidelines” for the Town of Markham dated June, 2001 attached as Appendix 'C'
to the original minutes on file in the Office of the Town Clerk, be approved
And
that the “Architectural Design Guidelines” be adopted as the template for the
production of specific guidelines for all lands within the Town of Markham
subject to privately administered architectural control.
(11) PROPOSED
PROPERTY EXPROPRIATION, 690346 ONTARIO LTD.
RODICK ROAD - HIGHWAY 407 OVERPASS (8.10)
That the Director of Engineering, in
conjunction with the Town Solicitor, be authorized to apply for approval to
expropriate a fee simple interest in the 0.59 ha. parcel of land owned by
690346 Ontario Ltd. shown as Part 1 on the plan included as Attachment "A"
of this report;
And that the Chief Administrative Officer be
authorized to enter into negotiations with 690346 Ontario Limited for the
purpose of acquiring the 0.85 ha. parcel of land shown as Part 2 on the plan
included as Attachment "A" of this report;
And that the Director of Engineering, in
conjunction with the Town Solicitor, be authorized to apply for approval to
expropriate a fee simple interest in the 0.85 ha. parcel of land owned by
690346 Ontario Ltd. shown as Part 2 on the plan included as Attachment
"A" of this report if required.
And that Engineering Department staff, in
conjunction with the Town Solicitor, be authorized to retain a property
appraisal firm and an independent legal counsel to assist staff in these
expropriation and property negotiation procedures;
And that staff be authorized to serve and
publish a Notice of Application as required by the Expropriations Act;
And that staff be authorized to forward to
the Chief Inquiry Officer any requests for a hearing of necessity as required by
the Expropriations Act;
And that staff be authorized to execute and
serve any notices required by the Expropriations Act;
And that the cost of the appraisal and legal
counsel services be funded from the Engineering Department's 2001 Capital
Budget (account # 083-5350-3752-005);
And that staff report back to Committee on
the status of these property negotiations and expropriations as required.
(12) INTERNATIONAL
MISSION (10.16)
That Council
approve travel to:
China, joining
the mission organized by Kan Link headed by Byron Wilfert, M.P.
Silicon
Valley, California, or a mission organized by the Greater Toronto Marketing
Alliance.
Nordlingen,
Germany at the invitation of the Mayor of Nordlingen to attend the City's
"Historical Town Wall Festival", and to sign the Alliance agreement.
All
three missions are now scheduled to take place September, 2001.
And
that this be funded from the 2001 Economic Development Budget account number
610-998-5201 in the amount of $ 25,000.
(13) WOODBINE CACHET SOUTH
INC. AND WOODBINE CACHET
WEST INC., WOODBINE NORTH RESIDENTIAL AREA,
ZONING BY-LAW AMENDMENT (ZA.01-109067) (10.5)
That
the Record of Public Meeting held on July 9, 2001 with respect to the proposed
amendment to By-law 177-96, as amended, be received.
And
That the application by Woodbine Cachet West Inc. and Woodbine Cachet South
Inc. to amend By-law 177-96 be approved.
And
that staff be directed to draft the required amendment to By-law 177-96, to be
presented to Council at the next available meeting.
(14) KING DAVID DEVELOPMENTS
LIMITED
10372 WOODBINE AVENUE - APPLICATIONS FOR APPROVAL
OF A DRAFT PLAN OF SUBDIVISION AND REZONING
(SU-01-101288 AND ZA-01-110312) (10.7)
That
the Record of Public Meeting held on July 9, 2001 with respect to the draft
plan of subdivision and rezoning application submitted by King David
Developments, be received;
And that the applications for approval of a
draft plan of subdivision and rezoning submitted by King David Developments,
for its lands located on the west side of Woodbine Avenue, north of Major
Mackenzie Drive (10372 Woodbine Avenue) be referred back to staff for a final
report and recommendations to be presented to the first Development Services
Committee meeting in September, 2001;
And that the Town of Markham endorse the
Woodbine Avenue by-pass alignment, as proposed by King David Developments,
subject to final study and design;
And further that the Region of York be
requested to initiate an Official Plan Amendment to amend Maps 8 and 9 and to
make any necessary text changes to the York Region Official Plan to incorporate
the Woodbine By-Pass.
CARRIED
(15) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JULY 9,
2001 (16.0)
That the Development Services Committee minutes dated July 9, 2001 be
received;
And that Item No. 14 (Telus Mobility, 10565 Warden Avenue) of
Development Services Committee minutes be amended to read as follows:
That permission be granted to Telus Mobility
to erect a telecommunications tower in the form of a flagpole at the new
location of 10565 Warden Avenue on a temporary basis to December 31, 2001,
subject to Telus Mobility providing to the Town of Markham and Angus Glen Golf
Club a written undertaking that they will go through the public process for telecommunication
towers and will relocate the communication tower if the location is not
approved by the Town.
CARRIED AS
AMENDED
(See following
motion to amend)
Moved by
Councillor D. Horchik
Seconded by
Councillor K. Usman
That Item No. 14 (Telus Mobility, 10565
Warden Avenue) of Development Services Committee minutes be amended to read as
follows:
That permission be granted to Telus Mobility
to erect a telecommunications tower in the form of a flagpole at the new
location of 10565 Warden Avenue on a temporary basis to December 31, 2001,
subject to Telus Mobility providing to the Town of Markham and Angus Glen Golf
Club a written undertaking that they will go through the public process for
telecommunication towers and will relocate the communication tower if the
location is not approved by the Town.
CARRIED
7. MOTIONS
(1) TRAFFIC
INFILTRATION ISSUES (5.12)
Moved by
Councillor J. Heath
Seconded by
Regional Councillor G. Landon
That staff be
requested to bring back a report on August 28, 2001 on traffic infiltration
issues when Highway 407 opens at Ninth Line, especially with regard to Delmark
Boulevard, Senator Reesor's Drive and Wootten Way South, including any
appropriate recommendations for turn restrictions and traffic calming.
CARRIED
(2) ROUGE
NORTH MANAGEMENT PLAN (10.8)
Moved by
Councillor J. Heath
Seconded by
Regional Councillor G. Landon
That the Rouge
North Management Plan (2001) be received and endorsed in principle as a
guideline document;
And that Town
Council and staff continue to participate in the ongoing work of the Rouge
Alliance and its sub-committees, including the Rouge North Implementation
Committee, to address implementation related issues;
And that Town
staff report back to Council no later than October 2001 on the status of the
work of the implementation Committee and necessary steps to address the Rouge
Park in the Markham Official Plan.
CARRIED
(3) INTERMITTENT
STREAMS (10.0)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
That staff of
the Development Services Commission be requested to bring forward a report and
policy to the Development Services Committee with respect to the protection of
intermittent streams that drain less than 125 hectares in the Town of Markham.
CARRIED
8. COMMUNICATIONS
Council
consented to add Communication 282-2001 and 283-2001.
Moved by
Regional Councillor G. Landon
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
268-2001 Village of
Unionville Property Owners Association - Minutes of meeting held on June 13,
2001. (3.3)
269-2001 Town of Richmond
Hill - Notice of Construction - Replacement of 19th Avenue culvert between
Highway 404 and Leslie Street - July 4, 2001 to August 18, 2001. (13.5.2)
270-2001 Town of Newmarket
- Regarding the Region of York Vision 2026 Exercise and encouraging each of the
area municipalities within the Region to carry out their own local visioning
exercises and requesting the Region to provide opportunities for the area
municipalities to participate jointly with the Region in future public
sessions. (13.5.2)
271-2001 The Regional
Municipality of York - Resolution in support of the Province's plan to explore
the addition of car-pool and community bus lanes on provincial highways. (13.4)
272-2001 Edward Lee, 15
Verclaire Gate, Unionville - request for traffic control at the intersection of
Verclaire Gate and Highway 7. (5.12.1)
(Clause 12, Report No. 47 - Environment & Transportation Committee)
273-2001 Ministry of
Finance - Announcing the Community Reinvestment Fund consultations will begin
shortly and advising the Province will seek input from key stakeholders on the
CRF for 2002 and subsequent years. (13.2)
274-2001 Ontario Municipal
Board - The Legislature passed Bill 55, the Oak Ridges Moraine Protection Act,
2001 on May 17, 2001 and advising the Board will only accept submissions where
the relevant appeal period has elapsed prior to May 17, 2001. (13.13)
275-2001 Douglas &
Carole Worsley, 6c Station Lane - Advising the Alcohol and Gaming Commission of
Ontario of their objection to the issuance of a liquor license to Toogood Café,
142 Main Street Unionville. (3.21)
276-2001 Richard Talbot,
President, The Village of Unionville Property Owners Association, in opposition
to a 'blanket' liquor licence for Toogood Café, 142 Main Street Unionville.
(3.21)
277-2001 The Corporation
of the City of North Bay - Resolution requesting support with respect to gas
prices. (13.5.2)
278-2001 Ministry of Municipal
Affairs and Housing - Announcing the names of the Oak Ridges Moraine
Consultation Groups to identify the parts of the moraine that should be
protected. (13.2)
279-2001 Ministry of
Municipal Affairs and Housing - Announcing its strategy for Smart Growth with
plans to invite public input on its land-use policies and to encourage
development that meets Smart Growth criteria. (13.2)
Referred to all Members of
Council
280-2001 Proclamation -
Safe and Responsible Driving Campaign. (3.4)
281-2001 Liquor Licence
Application - Request to complete the Municipal Information Form for Maison Du
Café, 96 Cornell Park Avenue, Unit 2, Markham. (3.21)
Referred to Development
Services Commissioner
282-2001 Town &
Country BMW, 8111 Kennedy Road at Helen Avenue - providing Letter of
Undertaking. (10.5)
(Clause 1, Report No. 52, 2001)
283-2001 Presentation of
Mr. Tom Farrar on behalf of Box Grove Community Association with respect to
Rouge Park Management Plan. (10.0)
(Motion (2))
CARRIED
9. OTHER BUSINESS
Moved by
Regional Councillor G. Landon
Seconded by
Councillor A. Chiu
That Clause 1
- Other Business be received and adopted.
NOTICE OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
(1) TOWN CONVEYANCE OF RESERVES
BLOCKS HHH AND III, PLAN 7695
TO REGION OF YORK (8.5)
That the notice of sale
for the lands legally described as Blocks HHH and III, Plan 7695, be confirmed.
CARRIED
10. BY-LAWS
Council
consented to add By-laws 2001-184 to 2001-191.
Moved by Regional
Councillor T. Wong
Seconded by
Councillor D. Horchik
That By-laws
2001-178 to 2001-183 be given three readings and enacted.
Three Readings
BY-LAW 2001-178 A by-law to dedicate certain lands as part of the Highways of the
Town of Markham (Amber Plains, north of 16th Avenue between McCowan Road and
Highway 48, Block 25 (Golden Meadow) and Block 28 (Monkhouse Road), Plan
65M-3488)
(Council Meeting No. 15, 2001)
BY-LAW 2001-179 A by-law to amend By-law 177-96, as amended (Amber Plain
Investment Limited, Phase 2, Plan 19T-95042, Part of Lot 18, Concession 7 – To
remove Holding provision)
(Council Meeting No. 15, 2001)
BY-LAW 2001-180 A by-law to amend By-law 177-96, as amended (Wismer Markham
Developments, Phase 1, Plan 19T-95039, Part of Lots 18 and 19, Concession 7 –
To remove Holding provision)
(Council Meeting No. 15, 2001)
BY-LAW 2001-181 A by-law to amend By-law 177-96, as amended (Woodbine Cachet
South/West and Mardevco Holdings Inc., 19TM-97002, Phase 4 – To remove Holding
provision)
(Council Meeting No. 15, 2001)
BY-LAW 2001-182 A by-law to amend By-law 304-87, as amended (Law Development
Group (Cornell) Ltd., Part of Lots 12 to 14, Concession 9 (east and west sides
of future Bur Oak Avenue between Donald Sim Avenue and Riverlands Avenue) - to
delete subject lands from the designated area of By-law 304-87, as amended, to
be incorporated into the Urban Expansion Area By-law 177-96, as amended - to
accommodate the development of a combination of 3-storey 3.9 metre (13 foot)
wide freehold townhouse dwellings and 3-storey residential-commercial uses)
(Clause 12, Report No. 48, 2001)
BY-LAW 2001-183 A by-law to amend By-law 177-96, as amended (Law Development
Group (Cornell) Ltd., Part of Lots 12 to 14, Concession 9 (east and west sides
of future Bur Oak Avenue between Donald Sim Avenue and Riverlands Avenue) - to
accommodate the development of a combination of 3-storey 3.9 metre (13 foot)
wide freehold townhouse dwellings and 3-storey residential-commercial uses)
(Clause 12, Report No. 48, 2001)
BY-LAW 2001-184 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control - Lots 1, 8, 9, 20, 47 to 52, Blocks 60, 61, 64 and
65, Plan 65M-3459, Part of Lots 17 & 18, Concession 3 (Woodbine
Cachet South Inc., North of 16th Avenue and West of Woodbine Avenue).
(Council Meeting No. 15, 2001)
BY-LAW 2001-185 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control - Lots 161, 162, 163, 164, 165, 174, 175, 176, 177,
178, 179, 180, 183, 184, 185, 186, 187 and 188, Plan 65M-3487 (Amber Plain
Investments Limited (Laurier Homes), north of 16th Avenue and east of McCowan
Road).
(Council Meeting No. 15, 2001)
BY-LAW 2001-186 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control - Lots 202 and 204, Plan 65M-3390 (Everyvale
Holdings Inc. (Great Gulf Homes), south of Major Mackenzie Drive and west of
McCowan Road).
(Council Meeting No. 15, 2001)
BY-LAW 2001-187 A by-law to amend Zoning By-law 122-72, as amended (720168
Ontario Inc. (Town & Country BMW), South Unionville Planning District
(Planning District No. 34) - To remove the (H) Holding provision).
(Clause 1, Report No. 52, 2001)
BY-LAW 2001-188 A by-law to amend Zoning By-law 304-87, as amended (Alex, Jerry
and Angela Di Iorio, 6650 16th Avenue - To remove subject lands from the
designated area of By-law 304-87, as amended to be incorporated into By-law
177-96, as amended to implement plan of subdivision).
(Clause 6, Report No. 52, 2001)
BY-LAW 2001-189 A by-law to amend Zoning By-law 177-96, as amended (Alex, Jerry
and Angela Di Iorio, 6650 16th Avenue - To implement plan of subdivision).
(Clause 6, Report No. 52, 2001)
BY-LAW 2001-190 A by-law to amend Body-Rub Parlour By-law 116-98 respecting the hours of operation of
complementary health care service providers.
(Committee of the Whole Motion No. 1)
BY-LAW 2001-191 A by-law to confirm the proceedings of the Council meeting of
July 10, 2001.
(Council
Meeting No. 15, 2001)
CARRIED
11. ADJOURNMENT
Moved by Councillor A.
Chiu
Seconded
by Councillor G. McKelvey
That the
meeting do adjourn.
CARRIED
Council
adjourned at 10:10 p.m.
_________________________________ ____________________________________
SHEILA
BIRRELL, TOWN CLERK FRANK
SCARPITTI, DEPUTY MAYOR