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                                                                                                                                    2003-04-01

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 9

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti (5:10 p.m.), Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio (5:20 p.m.), Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Regional Councillor G. Landon, Councillor J. Heath. (2)

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Regional Councillor T. Wong

 

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

 

(1)        Centralized Fire Dispatch Update (7.15)

(2)        Use of Toronto Fire Services Training Facilities (7.15)

(3)        Enterprise Drive/Helen Avenue Extension & South Unionville Storm Water Management Environmental Assessments (10.8.1, 5.7 & 7.12.1)

(4)        Markham Centre Executive Steering Committee - Minutes (10.0)

(5)        Markham Centre Communications Initiatives (10.8)

(6)        Markham District Energy Inc. and Markham Energy Corporation (13.7)

(7)        Region of York 16th Avenue Sewer Dewatering Issue (5.5)

 

CARRIED

 

 

The Regular Meeting of Council was held on April 1, 2003 at 7:08 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 


 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

Regrets

Regional Councillor G. Landon, Councillor J. Heath. (2)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development

   Services

S. Birrell, Town Clerk

A. Brown, Director of Engineering

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

M.F. Turner, Commissioner, Strategy, Innovations and Partnerships

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor D. Horchik

Seconded by Regional Councillor T. Wong

 

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)        CENTRALIZED FIRE DISPATCH UPDATE (7.15)

 

That the verbal report from Chief Don McClean providing an update on centralized fire dispatch, be received;

 

And that a joint Fire and Finance report be prepared in response to the Region of York proposal for presentation at the April 15, 2003 Committee of the Whole meeting including a cost benefit analysis, information on after hours service and the phased in approach.

 

 

(2)        USE OF TORONTO FIRE SERVICES
            TRAINING FACILITIES (7.15)

 

That Council authorize the Mayor and or Clerk to sign a Permission, Release, Covenant and Indemnification to the City of Toronto and the Toronto Fire Services respecting the use of Toronto Fire Services training facilities for training exercises by Town of Markham firefighters, in a form satisfactory to the Town Solicitor.

 

 

(3)        ENTERPRISE DRIVE/HELEN AVENUE EXTENSION &
SOUTH UNIONVILLE STORM WATER MANAGEMENT
ENVIRONMENTAL ASSESSMENTS (10.8.1, 5.7 & 7.12.1)

 

That the April 1, 2003 presentation regarding the Class Environmental Assessment for the Enterprise Drive/Helen Avenue Extension be received;

 

And that Council endorse Alternative D for the Enterprise Drive and Helen Avenue extension as attached as Appendix A to the original minutes in the Clerk's Department;

 

And that the Engineering Department be authorized to hold the last Public Information Centre for the Enterprise Drive and Helen Avenue Extension Class Environmental Assessment during April 2003;

 

And that any comments received during the PIC be presented to the Transportation Committee for comment prior to being incorporated into the final Environmental Study Report for the project;

 

And that, subsequent to review by the Transportation Committee, the Engineering Department be authorized to file the Environmental Study Report for the 30 day public review period;

 

And that the Engineering Department report back to Transportation Committee on April 28th 2003 with proposed methods to fast track the detailed design and construction of the Enterprise Drive/Helen Avenue extension;

 

And that the April 1, 2003 presentation regarding the Class Environmental Assessment for the South Unionville Stormwater Management Facility be received;


 

And that Council endorse the preferred alternative (5.1 and 5.2) for the South Unionville Stormwater Management Facility to proceed, subsequent to completion of the Environmental Assessment and following the PIC, being:

      5.1    east basin and west basin

      5.2    east basin and on-site controls (west side);

 

And that the Engineering Department be authorized to hold the last Public Information Centre for the South Unionville Stormwater Management Facility Class Environmental Assessment during April 2003;

 

And that any comments received during the PIC be presented to the Transportation Committee for comment prior to being incorporated into the final Environmental Study Report for the project;

 

And that, subsequent to review by the Transportation Committee, the Engineering Department be authorized to file the Environmental Study Report for the 30 day public review period.

 

 

(4)        MARKHAM CENTRE EXECUTIVE
            STEERING COMMITTEE - MINUTES OF MEETING
            HELD ON APRIL 1, 2003 (10.8)

 

That the tabled minutes of the Markham Centre Steering Committee meeting held on April 1, 2003, be received.

 

 

(5)        MARKHAM CENTRE COMMUNICATIONS INITIATIVES (10.8)

 

That the following communications strategies be received and endorsed:

 

Recommended Strategies:

 

  1. Stay the course with the Communications Strategy and key messages developed in 2002

 

  1. Separate the Traffic Management issues from Markham Centre as much as possible and develop a targeted Communications Plan to address those local issues. 

§         Harmonize plan with the Markham Centre initiatives

§         Keep this campaign measured and low key

§         Continue to involve citizens directly in decision-making

§         Coalition-build at small group meetings and work with the Unionville Traffic Management Plan Coalition group

§         Work together towards building win-win solutions

§         Create targeted information pieces to support speaking engagements and meetings (ie. A series of Fast Fact sheets, “Let’s Get Traffic Moving Again” handout, etc.)


 

  1. Energize the general Markham Centre education and awareness campaign

 

  1. Target cultural diversity through group meetings, local Councillor contact and major media

 

Recommended Plan for Markham Centre:

 

1.            Re-assign the approximate $16,000 in savings from reducing to 2 Newsletters (in a larger tabloid-size format) from 3, as follows:

§         Enhance Static Mall Display -   $10,000 approx.

-         Rent 2 x 52” Plasma Screens ($3,800 per event)

Screen #1:

·        Interactive Visual Preference Survey #2  re: Open Spaces programming

·        Add “Flash” animation segment as a lead-in to survey

·        Connection to MC website ($3,800)

Screen #2:

·        MC Powerpoint presentation (loop)

·        Greenlands Powerpoint presentation (loop)

-         Enhance “Toolbox”

·        content to cover our 5 theme areas

-         Comment Cards

-         Promotional Items for Handout – approx. $1,800

·        Promotional item to be determined

-         Additional Fact Sheets & colour copies ($4,000)

·        A compact pamphlet be provided for handout

 

§         Mall displays to be considered for First Markham Place and Pacific Mall

 

§         A display be considered for a vacant Main Street Unionville shop, the Church, or the Go Station

 

§         Looped video displays be considered for Communtiy Centres and the Civic Centre

 

§         The second newsletter to be put on hold until further review


 

    2.     Initiate Spring coalition-building efforts

o       Target speaking engagements and focused meetings with Ratepayer Groups, Service Clubs, Cultural Groups and other key Business Associations

o       Bookings to Date:

§         Unionville Ratepayers Group – April 7

§         Federation of Ratepayers in Markham – May 1

o       Ward Councillor J. Virgilio and one staff member to arrange meetings with local groups:

§         Unionville Historical Society

§         Unionville Ratepayers Association

§         Unionville Villagers Association

§         Village Green Ratepayers Association

§         Knights of Columbus, St. Justin Martyr

§         Lions Club, Markham

§         Markham Sunrise Rotary Club

§         Markham Unionville Rotary Club

§         Unionville BIA

§         Unionville Presbyterian Men's Group          

o       Regional Councillor T. Wong, to approach cultural groups

 

3.      Website Enhancements:

o       Develop (in-house) mechanism to provide a new “Did you Know” section on the MC website for weekly information updates

o       Add Performance Measurement information, process & protocols (in progress)

o       Update FAQ’s (in progress)

o       Develop Media Story Bank

 

4.      Markham Centre DVD

o       Utilize 2003 budgeted funds in Economic Development to produce a 3-5 minute DVD to be utilized at displays and meetings

 

5.      Rogers Cable TV and OMNI 2

o       Initiate potential speaking engagements on regularly scheduled programs.

 

 

(6)        MARKHAM DISTRICT ENERGY INC. AND
            MARKHAM ENERGY CORPORATION
            AMENDMENT TO PROMISSORY NOTES (13.7)

 

That the promissory notes for Markham District Energy Inc. (MDEI) and Markham Energy Corporation (MEC) be amended such that Town of Markham must provide 367 days written notice to Markham Energy Corporation of demand for repayment of the promissory notes.

 


 

(7)        REGION OF YORK
            16TH AVENUE SEWER
            DEWATERING ISSUE (5.5)

 

Whereas the Region of York has undertaken extensive dewatering for its 9th Line and 16th Avenue (Phase I) sanitary sewers projects;

 

And whereas the Region of York has not fully implemented its Mitigation Program adopted by Regional Council on November 21, 2002;

 

And whereas some rural residents of Markham have been on temporary water supply for up to one (1) year and others are experiencing well problems previously not experienced;

 

And whereas the Region of York will require further dewatering for its Phase II 16th sewer contract (Stone Mason Drive to Woodbine Avenue);

 

And whereas the Town of Markham has retained its own hydrogeologist to ensure residents' concerns regarding dewatering will be addressed;

 

And whereas Markham Council requests the Region of York resolve all outstanding well interference claims for Phase I by May 15, 2003 and further undertake a proactive mitigation program for Phase II;

 

Therefore be it resolved that for Phase 1:

 

·                    The Region of York in consultation with the Town’s hydrogeologist finalize a predicted zone of impact and provide for an automatic 1 km extension of that zone;

·                    The Region of York and its contractors, in accordance with the improved enhanced mitigation program as contained in this resolution, resolve as soon as possible but no later than May 15, 2003, all outstanding complaints on a case by case basis;

·                    For residents impacted within the extended zone of impact, the Region provide a new well, re-drilled well, pump adjustments, etc.;

·                    The Region shall investigate all well interference claims outside the extended zone of impact and those that have not been successfully resolved, and the Region shall maintain a temporary water supply until the resident's appeal has been heard and dealt with;

·                    The Region be requested to modify their appeal process based on the following principles:

-         The Region facilitator/mediator attempt to resolve any unresolved claims failing which an expedited final appeal process to the Region's Transportation and Works Committee be initiated;


-         The Region's, McNally's and Markham's hydrogeologists provide independent evaluation of outstanding well interference claims on a case by case basis;

-         The hydrogeologists submit their independent evaluation and opinion to the Region of York Transportation and Works Committee for consideration;

-         The Region’s Transportation and Works Committee as a publicly elected body provide a final evaluation and determine if the Region should assist in whole or in part in rectifying the well problem;

-         The Region advise the Town of Markham of the results of each appeal;

·                    The Region provide the Town with a weekly progress update on the resolution of outstanding well issues;

·                    The Region prepare and submit to the Town a communication plan by April 22, 2003 as to how they plan to communicate the mitigation program and appeal process to residents;

·                    The Region submit a newsletter to rural residents explaining maintenance requirements for wells.

 

Therefore be it resolved that for Phase II:

 

·                    Markham Council reaffirm its November 12, 2002 resolution that the Ministry of Environment not issue a dewatering permit for the Phase II until the Town of Markham advises that it has approved the Region's planned well monitoring and mitigation program and all outstanding issues for Phase I are resolved;

·                    The Region of York be requested not to commence dewatering until the base monitoring program and the mitigation program has been completed to the satisfaction of the Town of Markham and its hydrogeologist;

·                    The Region expedite a proactive program to mitigate the impact of dewatering prior to the commencement of the dewatering;

·                    For unanticipated well interference claims, the Region implement its mitigation program (including interim water supply) within 24 hours and expedite the technical evaluation, resolution or subsequent appeal process, if required;

·                    The Region provide the Town with a weekly progress update on the resolution of outstanding well issues;

·                    The Region report back to Markham Council on May 6, 2003 with their well monitoring, mitigation  and communication programs and the appeal process for Phase II;

·                    The Engineering Department 2003 Capital Budget be modified to include a $70,000 allowance for hydrogeologist consultants services and that such costs be financed by development charges.

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Regional Councillor T. Wong

 

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

 

CARRIED

 


 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - MARCH 18, 2003

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the address for Amazing Health in Communication 109-2003 from Queen's Montessori Academy in the Minutes of the Council Meeting held on March 18, 2003, be amended to read "…, Units 2 and 3";

 

And that the Minutes of the Council Meeting held on March 18, 2003, be adopted as amended.

 

CARRIED

(See following motion to amend)

 

 

            Moved by Councillor A. Chiu

            Seconded by Councillor S. Daurio

 

            That the minutes of the Council meeting held on March 18, 2002 be amended to indicate the address for Amazing Health in Communication 109-2003 from Queen's Montessori Academy is Units 2 and 3.

 

CARRIED

 

 

 

4.         DELEGATIONS

 

Council consented to add Delegations (1), (2) and (3).

 

(1)        John Wannop expressing concern about a possible misunderstanding regarding the events and decision in connection with the previously issued demolition permit issued for his property at 26 Albert Street being rescinded. (10.0) (Report No. 19, Clause 1, March 18, 2003)

 

(2)        Sam Orrico in objection to the proposed demolition of 7368 Elgin Mills Road and in support of the preservation of heritage properties. (10.0) (Report No. 23, Clause 3)

 

(3)        Lori Hall in support of Principle #11 being added to the Guiding Principles for the Markham Centre Area. (10.3 & 10.4) (Report No. 23, Clause 11)

 

 


 

5(a)      REPORT NO. 21 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clause (3).

 

Moved by Councillor K. Usman

Seconded by Councillor E. Shapero

 

That Report No. 21 - Finance & Administrative Committee be received and adopted.

 

March 17, 2003

 

(1)        YORK TECHNOLOGY ASSOCIATION SPONSORSHIP (10.16)

 

That the report entitled "York Technology Association Sponsorship" be received;

 

And that the Town authorize the expenditure of $5,350.00 by the Economic Development Department for the Town to renew its corporate sponsorship status at a cost of $5,000 plus G.S.T.;

 

And that this expenditure be funded from within the Economic Development Business Development account #610-9985808.

 

 

(2)        LUNAU BARN PROPOSED OPTIONS FOR RETENTION (8.5 & 16.11)

 

That Council endorse in principle a proposal to relocate the existing Lunau Barn structure, to be used as an accessory building, to another lot within the Heritage Estates Subdivision;

 

And that approval be granted to the Manager of Real Property and the Manager of Heritage Planning to negotiate terms and conditions for sale and relocation of the Lunau Barn to qualified individuals;

 

And further that a report be brought forward to report on negotiations and to request the approval of Council regarding final disposition of the Lunau Barn.

 

 

(3)        OFFER TO PURCHASE - BLOCK K, PLAN M-1325
            PARK BROOK PLACE, THORNHILL. (8.7)

 

That Council receive and accept the Agreement of Purchase and Sale for the property identified as Block K on Plan M-1325, Park Brook Place, Thornhill from Suzanna E. Warner in the amount of $27,500 excluding GST;


 

And that a by-law be enacted on April 1, 2003 authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to Suzanna E. Warner for the lands identified as Block K, Plan M-1325, Park Brook Place, Thornhill, in a form satisfactory to the Town Solicitor.

(By-law 2003-90)

 

CARRIED

 

 

(4)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – MARCH 17, 2003 (16.0)

 

That the Finance & Administrative Committee minutes dated March 17, 2003 be received.

 

CARRIED

 

 

 

5(b)      REPORT NO. 22 - TRANSPORTATION COMMITTEE

 

Moved by Councillor J. Virgilio

Seconded by Councillor S. Daurio

 

That Report No. 22 - Transportation Committee be received and adopted.

 

March 24, 2003

 

(1)        CLEGG ROAD EXTENSION (Tender 025-T-03) (7.12.1)

 

That the tender of Clegg Road Extension be awarded to the lowest acceptable bidder, B. Gottardo Construction in the amount of $1,048,258.35 inclusive of 7% GST ($1,009,071.12 inclusive of 3% GST);

 

And that the Mayor and Clerk be authorized to execute a contract for the Clegg Road extension with B. Gottardo Construction;

 

And that Engineering Department staff be authorized to retain the consulting firm of URS Cole Sherman & Associates Ltd. to provide inspection and contract administration services during construction of the road extension to an upset limit of $64,050.20 inclusive of all taxes and disbursements ($61,655.80 inclusive of 3% GST);

 

And that Engineering Department staff be authorized to retain a geotechnical consulting firm to provide geotechnical testing services during construction to an upset limit of $21,400.00 inclusive of 7% GST and disbursements ($20,600.00 inclusive of 3% GST and disbursements);


 

And that the project costs be funded from the Engineering Department approved 2002 Capital Budget (project #4733, account #83-5350-4733-005 Clegg Road extension $1,325,000.00).

 

 

(2)        RODICK ROAD/HIGHWAY 407 OVERPASS (8.7 & 5.10)

 

That the Engineering Department report entitled "Rodick Road/Highway 407 Overpass" be received;

 

And that the Engineering Department be authorized to proceed with the final design, contract tendering and construction of the Rodick Road/Highway 407 overpass for opening in late 2004;

 

And that the construction design drawings and contract documents be structured to include the widening of the bridge structure and approaches to accommodate the Region of York's future north/south rapid transit line as contingency items;

 

And that the Town front-end the engineering costs associated with the design and approval of the modifications to the overpass to accommodate the transit line at an estimated cost of $154,000;

 

And that the 2003 Capital Budget be amended to include the transit modifications as a new capital project and that the engineering fees for this project be funded from Development Charges;

 

And that the Region of York be requested to fund all engineering and construction costs associated with the modifications to accommodate the north/south rapid transit line;

 

And that if no commitment to fund the transit modifications is received from the Region within timeframes which will allow construction of the overpass to proceed in accordance with the Town's construction schedule, the Engineering Department be authorized to complete the construction without accommodating rapid transit.

 

 

(3)        SPRING AND YEAR-ROUND LOAD RESTRICTIONS
            FOR THE TOWN OF MARKHAM'S ROAD NETWORK (5.10)

 

That the report entitled "Spring and Year-Round Load Restrictions for the Town of Markham's Road Network" be received;

 

And that the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2003 to April 30, 2003, according to the attached by-law "Appendix A";

 

And that should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations and Asset Management, the load restrictions be extended up to May 31, 2003 (up to four weeks);


 

And that the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix "B", from March 1, 2003 to February 28, 2004, according to the attached by-law "Appendix B";

 

And that according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses;

 

And that the Director of Operations and Asset Management be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion.

(By-laws 2003-91 and 2003-92)

 

 

(4)        ALL-WAY STOP CONTROL - BUR OAK AVENUE
            AND STONEBRIDGE DRIVE (5.12.3)

 

That Schedule 12 of By-law 106-71 (Traffic By-law) for an All-Way Stop Control be amended to include the intersection of Bur Oak Avenue and Stonebridge Drive and that the amending by-law be approved;

 

And that the Roads Department be directed to install all-way stop signs at the intersection of Bur Oak Avenue and Stonebridge Drive as soon as the by-law is approved;

 

And that the York Regional Police be requested to enforce the All-Way Stop Control upon installation of these signs.

(By-law 2003-93)

 

 

(5)        BRIMLEY ROAD "NO STOPPING PROHIBITION" (5.12)

 

That the report entitled "Brimley Road No Stopping Prohibition" be received;

 

And that Schedule 3 of Parking By-law 336-88, be amended to include a No Stopping Prohibition on both sides of Brimley Road, from 14th Avenue to a point 145 metres south;

 

And that the amending by-law be approved;

 

And that the Roads Department be directed to install the appropriate signs upon approval of the amending by-law.

(By-law 2003-94)

 


 

(6)        UPDATE - HWY 407 INTERCHANGES
            MARKHAM BY-PASS AND WOODBINE AVENUE (5.10)

 

That the Memorandum dated March 6, 2003 from Director of Engineering regarding the status of Woodbine Avenue and Markham By-Pass interchanges with Hwy. 407, and the email correspondence from Councillor J. Heath, dated March 10, 2003, be received;

 

And that the Ministry of Transportation and 407 ETR be requested to provide access to and from the south for the Hwy 407 interchanges with Markham By-pass and Ninth Line;

 

And that the Region of York be requested to support the Town of Markham in this request;

 

And that the Region of York also be requested to provide details of the conditions of the Memorandum of Understanding regarding the Markham By-Pass and Ninth Line interchanges as it relates to the timing of the Box Grove Secondary Plan.

 

 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF TRANSPORTATION
            COMMITTEE MEETING – MARCH 24, 2003 (16.0)

 

That the Transportation Committee minutes dated March 24, 2003 be received.

 

CARRIED

 

 

 

5(c)      REPORT NO. 23 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (3), (8), (10) and (11).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor B. O'Donnell

 

That Report No. 23 - Development Services Committee be received and adopted.

 

March 25, 2003


 

(1)        MARKHAM CENTRE (10.8)

 

That the staff update on Markham Center be received;

 

And that Council confirm the reappointment of members who have indicated their willingness to stand for another one-year term on the Markham Center Advisory Committee, and confirm the following changes to the Committee:

·                    Jane White be appointed as an Advisory Member at Large;

·                    if Hydro One is not able to continue as a representative of "Major Local Business",

·                    that the YMCA or Hilton Hotel be approached as a replacement;

·                    a "Mayor's Youth Task Force" representative to be determined.

 

And that communications initiatives be referred to the Markham Centre Executive Steering Committee, the Mayor, and staff, to meet prior to, and to report to, the Committee of the Whole meeting scheduled for April 1, 2003;

 

And that all members of Council be notified of the Steering Committee meeting.

 

 

(2)        GATES OF BAYVIEW, SOUTH-EAST CORNER OF STEELES
            AND BAYVIEW, CITY OF TORONTO (10.20)

 

That the staff update on the Gates of Bayview, at the south-east corner of Steeles and Bayview  in the City of Toronto, be received;

 

And that staff be authorized to attend the OMB pre-hearing conference on April 10, 2003, and indicate the Town's concerns;

 

And that staff obtain and review the traffic study, and continue or withdraw from the hearing, as staff deems appropriate.

 

 

(3)        7368 ELGIN MILLS ROAD, PROPOSED DEMOLITION (10.0)

 

That the staff presentation regarding the proposed demolition of 7368 Elgin Mills Road, be received;

 

And that staff be directed to advise Public Works and Government Services, Canada and Transport Canada of the following:

-         that the building located at 7368 Elgin Mills Road is considered to have cultural heritage significance to the Town of Markham;

-         that demolition not be pursued by the federal government, given the Town's ongoing commitment to the preservation of its local heritage resources as recognized by the Heritage Canada Foundation in the awarding of the Prince of Wales Prize;

-         and that the building is to be securely boarded;


 

And that the Town work with the Federal Government on establishing a protocol to address heritage properties on the federal lands and to develop a long term strategy as to how to address the heritage buildings on the federal lands.

 

CARRIED

 

 

(4)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE JOHN MAPES HOUSE, 7166 14TH AVENUE, AND
THE JOHN NOBLE RAYMER HOUSE, 7124 14TH AVENUE (16.11.3) Weblink

 

That the deputation by Mr. Michael Melling, of Davis Howe Partners, representing the owner of 7166 14th Avenue and 7124 14th Avenue, be received;

 

And that Heritage Markham’s recommendation to designate the John Mapes House at 7166 14th Avenue, and the John Noble Raymer House at 7124 14th 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 these properties;

 

And that the owner be requested to enter into a heritage conservation easement agreement with the Town.

 

 

(5)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE CHRISTIAN HEISE HOUSE, 2730 ELGIN MILLS ROAD, AND
THE LEVI B. HEISE HOUSE, 2718 ELGIN MILLS ROAD (16.11.3)  Weblink

 

That Heritage Markham’s recommendation to designate the Christian Heise House at 2730 Elgin Mills Road and the Levi B. Heise House at 2718 Elgin Mills 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 these properties.

 

 

(6)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE JAMES DIMMA HOUSE, 7933 14TH AVENUE (16.11.3)  Weblink

 

That Heritage Markham’s recommendation to designate the James Dimma House at 7933 14th 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 these properties,

 

And that the Province of Ontario be requested to enter into a heritage conservation easement agreement with the Town prior to the transfer of the property from Provincial ownership;

 

And that the Province of Ontario/Toronto Region Conservation Authority (TRCA) be requested to maintain the James Dimma House at 7933 14th Avenue  in a good and sound condition;

 

And further that the Province, the TRCA and the Rouge Alliance be so advised.

 

 

(7)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE JOHN REESOR HOUSE, 6937 HIGHWAY #7
1440102 ONTARIO INC. (JENNORA LIMITED) (16.11.3)   Weblink

 

That Heritage Markham’s recommendation to designate the John Reesor House at 6937 Highway #7 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 these properties.

 

 

(8)        ROUGE ALLIANCE RESOLUTION
            INFRASTRUCTURE IN ROUGE PARK (13.5.2)   Weblink

 

That the staff report entitled “Rouge Park Alliance Resolution – Infrastructure in Rouge Park March 25, 2003, be received;

 

And that in response to the November 22, 2002  Rouge Park Alliance resolution calling for the establishment of a “vigorous policy to discourage the use of Rouge Park lands for new infrastructure sites and routes”, the Alliance  be advised that the Town of Markham continues to support the current provisions of the Rouge North Management Plan and guidelines with respect to new infrastructure;

 

And further that the planning for municipal infrastructure in the vicinity of Rouge Park lands be in accordance with the guidelines provided in the Rouge North Management Plan and established environmental and planning processes including the Environmental Assessment Act.

 

CARRIED

(See following motion to amend which was Lost)

 


 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor F. Scarpitti

 

            That Clause (8), Report No. 23, paragraph 2 be amended to include the words "… endorses and …" after the words "… the Alliance be advised that the Town of Markham…".

 

LOST

 

 

(9)        ST. DIMITRIJA SOLUNSKI MACEDONIAN ORTHODOX CHURCH
50-60 GEORGE STREET, ZONING BY-LAW AMENDMENT
(ZA-00-237529) (10.5)  Weblink

 

That the application for zoning by-law amendment, File ZA.00-237529, submitted by St. Dimitrija Solunski Macedonian Orthodox Church to permit an expansion of the church parking lot at 58 and 60 George Street, Markham be approved, and the implementing by-law, attached as Appendix "A" to the staff report dated March 25, 2003, be enacted;

 

And that the by-law contain a hold provision that would not be removed until the Owner:

a)      amends the existing site plan agreement (to address among other matters, servicing/grading plans, drainage issues, parking lot layout and illumination, landscape treatment, and fencing); and

b)      obtains approval from the Committee of Adjustment for provisional consent to sever the Institutional zoned lands (parking lot) from the Residential zoned lands, and agrees to a  condition of the consent requiring the conveyance of  a one-foot reserve to the Town on the east boundary between the parking lot and residential properties.

(By-law 2003-95)

 

 

(10)      CANADAWIDE DEVELOPMENTS INC., "ALDEBARRON"
7070 BAYVIEW AVENUE, SECONDARY PLAN AND ZONING BY-LAW AMENDMENTS AND SITE PLAN APPROVAL FOR TOWNHOUSES
(OP.02-119201, ZA.02-116764, SC.02-116777) (10.4, 10.5, 10.6)   Weblink

 

That the report entitled "Application by Canadawide Development Inc. for Secondary plan and Zoning By-law Amendments and Site Plan Approval to Permit a Block of 7 Townhouses at 7070 Bayview Avenue, (OP.02-119201, ZA.02-116764, SC.02-116777) be received;

 

And that the letter from Adam Brown, Sherman Brown Dryer Karol Gold Lebow, Barristers and Solicitors, requesting that Council direct staff to continue to process the applications by Canadawide Developments Inc. for 7070 Bayview Avenue, be received;


 

And that the Secondary Plan, Zoning By-law Amendment and Site Plan Approval applications be denied.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor S. Daurio

            Seconded by Councillor G. McKelvey

 

            That Clause 10, Report No. 23 be amended to add the following as paragraph two:

 

            "And that the letter from Adam Brown, Sherman Brown Dryer Karol Gold Lebow, Barristers and Solicitors, requesting that Council direct staff to continue to process the applications by Canadawide Developments Inc. for 7070 Bayview Avenue, be received;"

 

CARRIED

 

 

(11)      TOWN OF MARKHAM, MARKHAM CENTRE
OFFICIAL PLAN AMENDMENT TO INTRODUCE THE
10 GUIDING PRINCIPLES INTO THE SECONDARY PLAN (OP 03-106606)
(10.3, 10.4)

 

That correspondence from Edward Barber, and David Lewis with respect to Town-initiated Official Plan Amendment application, File OP.03-106606, to introduce the 10 Guiding Development Principles into the Secondary Plan, be received;

 

And that deputations by Mr. Alan Graf, Ms. Lori Hall, Mr. D'Arcy Pigott, Mr. David McBeth, Mr. Ted Spence, Mr. Glenn Baron, Ms. Christiane Bergauer-Free, and Ms. Virginia Fung, be received;

 

And that the Record of the Public Meeting held March 25, 2003, with respect to the proposed  Official Plan Amendment be received;

 

And that Council endorse the Performance Measures attached as Appendix C to the report dated March 25, 2003, as part of a process to evaluate development proposals within Markham Centre;

 

And that Council adopt the Official Plan Amendment, attached as Appendix B to the report dated March 25, 2003, to incorporate the Markham Centre Guiding Development Principles into OPA 21 (the Markham Centre Secondary Plan), including policies which introduce the Performance Measures as Appendix to OPA 21. The Guiding Development Principles, as amended, are:

 

      1.         The Rouge River valley has a powerful influence on Markham Centre.

 

      2.         The transit routes and stops determine the intensity of activity, the focus of public spaces and the concentration of built form.


 

      3.         Highway 7 will be transformed from an inter-regional highway to a major urban boulevard with a concentration of activity, mix of uses and a high quality of urban design.

 

      4.         A grid of major and minor streets provides ease of access which supports the mix and intensity of activity and helps define the structure of Markham Centre.

 

      5.         Public spaces, streets, courtyards and major urban places contribute to a ‘sense of place’ for Markham Centre.

 

      6.         Well-defined streets, building placement and architectural character support public life and year-round activity.

 

      7.         Ecological sustainability, which ensures that the built form and public spaces protect and enhance the natural processes of the landscape, will define the future of Markham Centre.

 

      8.         Markham Centre will have a town-wide cultural social focus.

 

      9.         Maintaining a high quality of life in and around Markham Centre will require managing parking and traffic impacts.

 

      10.       Building and sustaining a high quality public environment will require a new financial framework.

 

      11.       The value placed on the quality of life in existing, adjacent communities is recognized, respected and supported.

 

(By-law 2003-96)

 

CARRIED AS AMENDED

(See following motion to amend)

(See following recorded vote)

 

            Moved by Councillor J. Virgilio

            Seconded by Councillor G. McKelvey

 

            That Clause (11), Report No. 23 be amended to delete the following paragraph:

 

            "And that Principle # 9 be amended as follows:

"Maintaining a high quality of life in and around Markham Centre will require managing parking and traffic impacts.";

 

            And to add the following 11th Principle:

 

                        "11.   The value placed on the quality of life in existing, adjacent communities is recognized, respected and supported."

 

CARRIED

 

YEAS:       Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (11)

 

ABSENT:  Regional Councillor G. Landon, Councillor J. Heath (2)

 

 

(12)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – MARCH 25, 2003 (16.0)

 

That the Development Services Committee minutes dated March 25, 2003 be received.

 

CARRIED

 

 

 

6.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        WATER SUPPLY UPDATE (5.3 & 13.4)

 

That the tabled information dated April 1, 2003 and the verbal update by the Director of Engineering regarding the water supply issue, be received;

 

And that the Region of York be requested to attend the June 3, 2003 Development Services Committee meeting to update Markham on the status of water supply.

 

CARRIED

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

 

 


 

7.         COMMUNICATIONS

 

Council consented to separate Communication 117-2003.

 

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

 

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

 

Received

110-2003         City of Vaughan - Forwarding a copy of the letter received from the Minister of Energy, dated March 5, 2003 confirming receipt of the Certificates of Passing of Resolution with respect to the City of Vaughan affirming that Richmond Hill Hydro Inc. and Hydro Vaughan Distribution Inc. will continue to operation on a for-profit basis. (13.5.2 & 13.7)

 

 

Referred to all Members of Council

111-2003         Proclamation - April 25, 2003 - Toonie for Autism Day. (3.4)

 

112-2003         Eun Young Teri Hwang, Owner, Too Good Café, 142 Main Street Unionville – Forwarding a request for approval to temporarily extend the Café’s operating area during the Unionville Village Festival (June 6 to 8, 2003) to facilitate the temporary extension of liquor license by the Alcohol and Gaming Commission of Ontario. (3.21)

 

113-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Boston Pizza Markham, 7680 Markham Road (indoor and outdoor). (3.21)

 

114-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Khaike Kebab, 6050 Highway 7 East, Unit 1 (indoor). (3.21)

 

115-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for La Reserve Restaurant, 8432 Leslie Street (outdoor). (3.21)

 

116-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Dante's Italian Foods, 265 Baythorn Drive (indoor). (3.21)

 

117-2003         Conservation Authorities Moraine Coalition - Forwarding an invitation to attend the Perspectives on The Oak Ridges Moraine Conservation Plan symposium to be held on May 1, 2003 at Seneca College, King Campus. (13.13.2)

CARRIED


 

118-2003         Chris Lush, Fund Development Coordinator - Advising that Palliative Care Network for York Region will be conducting its 2nd Annual Palliative Care Awareness Tag Day on May 31, 2003. (12.2.6)

 

 

Referred to Commissioner of Strategy, Innovations and Partnerships

119-2003         Glenn De Baeremaeker, President, Save the Rouge Valley System Inc. - Forwarding comments with respect to the Markham Centre official plan amendment to incorporate the guiding development principles into the secondary plan and adoption of performance measures. (10.3 & 10.4)
(Clause 11, Report No. 23, 2003)

 

CARRIED

 

 

 

8.         BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor F. Scarpitti

 

That By-laws 2003-90 to 2003-101 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2003-90      A by-law to authorize the execution of a Transfer/Deed of Land to Suzanna E. Warner for the lands legally described as Block K, Plan M-1325.
(Clause 3, Report No. 21, 2003)

 

BY-LAW 2003-91      A by-law to provide for the load restriction limiting loads to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham from March 1, 2003 to April 30, 2003, and extended up to May 31, 2003.
(Clause 3, Report No. 22, 2003)

 

BY-LAW 2003-92      A by-law to provide for the year-round load restriction limiting loads to 5 tonnes per axle on all rural roads in the Town of Markham from March 1, 2003 to February 28, 2004.
(Clause 3, Report No. 22, 2003)

 

BY-LAW 2003-93      A by-law to amend Traffic By-law 106-71 (All-way stop control at Bur Oak Avenue and Stonebridge Drive)
(Clause 4, Report No. 22, 2003)


 

BY-LAW 2003-94      A by-law to amend Parking By-law 336-88 (No stopping prohibition on both sides of Brimley Road from 14th Avenue to a point 145 metres south)
(Clause 5, Report No. 22, 2003)

 

BY-LAW 2003-95      A by-law to amend Zoning By-law 1229, as amended (St. Dimitrija Solunski Macedonian Orthodox Church, 50-60 George Street - To permit an expansion of the church parking lot)
(Clause 9, Report No. 23, 2003)

 

BY-LAW 2003-96      A by-law to adopt Official Plan Amendment No. 101 (Markham Centre Official Plan Amendment - To incorporate the Markham Guiding Development Principles into the Markham Centre Secondary Plan, including policies which introduce the Performance Measures).
(Clause 11, Report No. 23, 2003)

 

BY-LAW 2003-97      A by-law to amend Zoning By-law 90-81, as amended (Vic-Tou Developments Limited, 7543 Kennedy Road - To remove Holding Provision (H).

 

BY-LAW 2003-98      A by-law to amend By-law 2002-94, being a by-law to prohibit and regulate signs and other advertising devices and the posting of notices on buildings or vacant lots within the Town of Markham (To add "or Designate" after the words "…the Manager" in Subsections 20.5 & 20.8).

 

BY-LAW 2003-99      A by-law to repeal Part Lot Control Exemption By-laws 335-97 & 81-1999, which by-laws exempted Blocks 1, 2, 3, 6, 7, 11, 14 and 15, Registered Plan 65M-3189 and Blocks 4, 5, 8 - 10, 12, 13, 16 & 17, Registered Plan of Subdivision 65M-3189 respectively from the Part Lot Control provisions.

 

BY-LAW 2003-100    A by-law to repeal Part Lot Control Exemption By-law 127-98, which by-law exempted Blocks 196 to 204 inclusive and Lots 47, 48, 62 to 65 inclusive, 80 to 83 inclusive, 98 to 101 inclusive, 116 to 119 inclusive, 134 to 137 inclusive 152 to 155 inclusive and 184 to 187 inclusive, Plan 65M-3245 from the Part Lot Control provisions.

 

BY-LAW 2003-101    A by-law to confirm the proceedings of the Council meeting of April 1, 2003.
(Council Meeting No. 9, 2003)

 

CARRIED

 

 


 

9.         ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:05 p.m.

 

 

 

 

 

 

______________________________                  _____________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

 

(Signed)

 

 

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