2003-02-11
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 5
COMMITTEE
OF THE WHOLE - CANCELLED
The Regular
Meeting of Council was held on February 11, 2003 at 7:00 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 G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (10)
Regrets
Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor J. Heath, (3)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development
Services
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
J. Mascarin,
Acting Town Solicitor
P. Miller,
Acting, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire
Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. MINUTES
(1) COUNCIL
MINUTES
- JANUARY 28, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Clause 3 of the Report of Committee of the Whole in the Minutes of
the Council Meeting held on January 28, 2003 be amended to delete the words
"… referred to Markham Hydro Distribution Inc. staff …." from the
second paragraph and the following be substituted therefor:
"… referred to Town of Markham staff
….";
And that the Minutes of the Council Meeting held on January 28, 2003,
be adopted, as amended.
CARRIED
3. PRESENTATIONS
(1) FREDERICK HORSMAN
VARLEY ART GALLERY
- PRESENTATION OF ACCOMPLISHMENTS (12.2.6)
Mr. Stewart
Coxford, Chairman, and Ms. Sharon Gaum-Kuchar, Director/Curator, were in
attendance to present information on the many accomplishments of the Varley Art
Gallery during the past year.
(2) 7TH
THORNHILL KANATA LAND SCOUTS (12.2.6)
Council
welcomed the following Leaders and Scouts:
Leaders
Rick Bonk,
Harold Culp, Andrew Parravanno, Lawton Osler, Troop Scouter, and Phillip
McNelles
Scouts
David
Latinsky, Dustin Herberman, Miles Byworth, Christian Sculthorp, Terry Harper,
Alex Seaman, John Holub, Michael Kasprak, Spencer Brown, Rick Bonk, Stuart
McNelles & Ian McArthur.
(3) HERITAGE
CANADA FOUNDATION
QUEEN'S GOLDEN JUBILEE MEDAL
(12.2.6)
Mayor Cousens announced that he has been awarded the Queen's Golden
Jubilee Medal presented by the Heritage Canada Foundation for the Town of
Markham's heritage program. This medal
will be accepted, on behalf of the Mayor and the Town, by Regan Hutcheson at a
ceremony on February 14, 2003.
(4) MR.
CHRIS KODDERMANN - OFFICE OF
MINISTER JOHN MCCALLUM, MP,
MARKHAM (12.2.6)
Mayor Cousens introduced and welcomed Chris Koddermann, Special
Assistant, Constituency, in the office of Minister John McCallum, MP, Markham.
4(a) REPORT NO. 10 - TRANSPORTATION COMMITTEE
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Report
No. 10 - Transportation Committee be received and adopted.
January 27, 2003
(1) ALL-WAY STOP CONTROL - CHURCH STREET AND
COUNTRY
GLEN ROAD/BUTTERNUT LANE
(5.12.3)
That
Schedule 12 of By-law 106-71 (Traffic By-law) be amended to include an all-way
stop control at the intersection of Church Street and Country Glen
Road/Butternut Lane 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 Church Street and Country Glen Road/Butternut Lane 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 2003-39)
(2) JUNEBERRY AVENUE PARKING PROHIBITION
(5.12.4)
That the report entitled "Juneberry
Avenue Parking Prohibition" be received;
And that Schedule 1 of Parking By-law 336-88,
be amended to include a "No Parking" prohibition on Juneberry Avenue
from the north property line of house #22 and #23 to the north limit of
Juneberry Avenue;
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 2003-40)
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – JANUARY
27, 2003 (16.0)
CARRIED
4(b) REPORT NO. 11 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (13).
Moved by
Councillor K. Usman
Seconded by
Regional Councillor T. Wong
That Report
No. 11 - Finance & Administrative Committee be received and adopted.
February 3, 2003
(1) 14 EASTPINE DRIVE, MARKHAM - ONTARIO
MUNICIPAL
BOARD - VARIANCE APPEAL -
COMMITTEE OF
ADJUSTMENT FILE NO. A/209/02
LEGAL FILE NO. 03 0411 DG 0011
(8.7 & 13.13)
That
the Acting Town Solicitor be instructed to appear before the Ontario Municipal
Board on February 17, 2003, on a hearing of an appeal from the Committee of
Adjustment's decision to refuse an application for minor variance at 14
Eastpine Drive, Markham (Committee of Adjustment File No. A/209/02), with
respect to the imposition of conditions.
(2) 8111 KENNEDY ROAD, MARKHAM - ONTARIO
MUNICIPAL
BOARD - VARIANCE APPEAL -
COMMITTEE OF
ADJUSTMENT FILE NO. A/197/02
LEGAL FILE NO. 03 0411 DG 0011
(8.7 & 13.13)
That
external legal counsel be retained to represent the Town before the Ontario
Municipal Board to oppose appeals from the Committee of Adjustment's decision
granting a temporary minor variance application, with added conditions, at 8111
Kennedy Road (Committee of Adjustment File No. A/197/02).
(3) ATTENDANCE OF COUNCILLOR G. MCKELVEY
AT THE CANADIAN INSTITUTE OF
PLANNERS
CONFERENCE, JULY 6-9, 2003
(11.12)
That
Councillor George McKelvey, Chair of Development Services Committee, be
authorized to attend the Canadian Institute of Planners' Conference from July 6
to 9, 2003, in Halifax, Nova Scotia, with authorized expenses to be paid in
accordance with Town policy and charged to the Planning Department 2003
Operating Budget;
And
that the Commissioner of Development Services be requested to also encourage
representatives of staff to attend this Conference.
(4) DRAFT MEMORANDUM OF UNDERSTANDING
INTERNATIONAL STONE SCULPTURE
SYMPOSIUM
EVENT - JUNE/JULY 2004 (7.3)
That the presentation of the
Director/Curator, Varley Art Gallery, regarding the draft Memorandum of
Understanding for the International Stone Sculpture Symposium, be received;
That the draft Memorandum of Understanding
between the Town and Echo Research Institute, respecting the International
Stone Sculpture Symposium planned for June/July of 2004 at Toogood Pond in
Unionville, be approved in principle, subject to minor amendments and final
review by the Town Solicitor.
(5) ALTERNATIVE PROPERTY TAX PAYMENT OPTIONS
FOR RESIDENTIAL PROPERTIES
(7.3)
That
the Town of Markham implement an additional one time tax payment option for
residential property owners to avoid tax sale registration procedures as long
as the following conditions are met:
- the subject property is in the
residential property class;
- the property must be at the end of its
third full year of arrears;
- payment must cover all the tax
principle;
- the payment must cover all accumulated
interest exceeding three years of arrears;
- payment terms for the balance of the
deferred interest to be negotiated with tax staff;
- an agreement, in a form satisfactory to
the Town Solicitor and Treasurer, between the Town and the assessed
property owner be entered into;
- following the payment, the tax account
must continue to be kept current, and if not, the agreement is terminated
and the balance must be paid in full in 30 days at which time continued
tax collection procedures (including tax sale registration) may occur;
And that staff
be requested to prepare a list indicating the numbers of properties that are in
tax arrears, by year.
(6) MINTHORN BOULEVARD EXTENSION TO LESLIE
STREET (8.5)
That a by-law be enacted
to close part of Minthorn Blvd., Plan 65M-2665, designated as Parts 1, 2, 3 and
4, Plan 65R-25483;
And that part of Minthorn
Blvd., Plan 65M-2665, designated as Parts 1, 2, 3 and 4, Plan 65R-25483, be
declared surplus property pursuant to By-law No. 178-96;
And
that notice of the proposed disposition of part of Minthorn Blvd., Plan
65M-2665, designated as Parts 1, 2, 3 and 4, Plan 65R-25483, be placed on the
agenda for the Council meeting of February 11, 2003, as required by By-law No.
178-96;
And
that a by-law be enacted at the Council meeting on February 25, 2003,
authorizing the Mayor and Clerk to execute the necessary Transfers to Wemat
Four Limited (Parts 1 and 2) and to Concord Leslie RI GP, Inc. (Part 3) for
lands legally described as part of Minthorn Blvd., Plan 65M-2665, designated as
Parts 1, 2 and 3, Plan 65R-25483, in a form satisfactory to the Town Solicitor;
And
that a public walkway legally described as Block 8, Plan 65M-2665, designated
as Parts 7, 8 and 9, Plan 65R-25483, be closed;
And
that part of the public walkway legally described as Block 8, Plan 65M-2665,
designated as Part 8, Plan 65R-25483, be declared surplus property pursuant to
By-law No. 178-96;
And
that notice of the proposed disposition of Part of Block 8, Plan 65M-2665,
designated as Part 8, Plan 65R-25483, be placed on the agenda for the Council
meeting of February 11, 2003, as required by By-law No. 178-96;
And
further that a by-law be enacted at the Council meeting on February 25, 2003,
authorizing the Mayor and Clerk to execute the necessary Transfer to Wemat Four
Limited for lands legally described as Part of Block 8, Plan 65M-2665,
designated as Part 8, Plan 65R-25483, in a form satisfactory to the Town
Solicitor.
(7) ECONOMIC
DEVELOPMENT REVENUE OPPORTUNITY (10.16)
That
the report entitled "Economic Development Revenue Opportunity" be
received;
And
that the Director of Economic Development be authorized to solicit paid
advertising to offset the cost of publishing the Economic Development
newsletter GoodNews;
And
further that the revenue generated by this initiative be reported to Council
through the annual budget planning process.
(8) MARKHAM PARTICIPATION ON NATIONAL
ECONOMIC
DEVELOPMENT COUNCIL (10.16)
That
the report entitled "Markham Participation On National Economic
Development Council" be received;
And
that the Director of Economic Development be authorized to participate on the
Economic Development Association of Canada (EDAC) Board of Directors for two
years at an annual cost not to exceed $2,000 to be funded from within the
Economic Development Business Development account #610-9985808;
And
that congratulations be extended to Stephen Chait, Director of Economic
Development, on his appointment to the Economic Development Association of
Canada Board of Directors.
(9) 2003 ECONOMIC DEVELOPMENT MARKETING
PROGRAM (10.16)
That
the report entitled "2003 Economic Development Marketing Program" be
received;
And
that pre-budget approval be given to implement the projects described in this
report (equal in total to 42% of the base 2003 budget for Business Development
account #610-9985808), those projects being:
·
sponsored/hosted events
to a maximum of $43,750;
·
missions and trade shows
to a maximum of $42,250;
·
the production of
advertising and promotional materials to a maximum of $44,500;
·
and the purchase of
print ads to a maximum of $15,250;
And
further that the projects described in this report be funded from within the
Economic Development Business Development account #610-9985808.
(10) 2003 MARKHAM STOUFFVILLE HOSPITAL
FOUNDATION
GALA DINNER, SATURDAY, APRIL
12, 2003 (12.2.6)
That
the report dated February 3, 2003, entitled "2003 Markham Stouffville
Hospital Foundation Gala Dinner - Saturday, April 12, 2003 be received;
And
that Council purchase tickets for a Corporate Table of 10 for the 2003 Markham
Stouffville Hospital Foundation Gala Dinner, "Come Sail Away", to be
held on Saturday, April 12, 2003; such cost not to exceed $3,000.
(11) RED AND WHITE GALA FOR PALLIATIVE
CARE SERVICES FOR YORK REGION
(12.2.6)
That tickets
be purchased for Councillors that wish to attend the Red & White Gala for
Palliative Care Services for York Region, to be held on Friday, February 14,
2003 at Tuscany's Banquet Centre, 222 Edward Street, Aurora.
(12) UPDATE ON WEST NILE VIRUS CONTINGENCY PLAN
(13.4)
That the
memorandum from the Director, Operations and Asset Management, dated January
31, 2002, entitled "Update on West Nile Virus Contingency Plan", and
the additional information presented by Karen Boniface, Parks Planner, be
received;
And that the
Region be advised that the Town of Markham agrees that the Region of York
should take responsibility for the implementation of the West Nile Virus
Contingency Plan.
(13) ATTENDANCE AT FEDERATION OF CANADIAN
MUNICIPALITIES
WORKSHOP - "WOMEN IN
MUNICIPAL POLITICS"
BRANTFORD, ONTARIO, JANUARY
25, 2003 (11.12 & 16.23)
That Council approve the expenditures for overnight travel incurred by
Councillor E. Shapero at the "Women in Municipal Politics" workshop
hosted by the Federation of Canadian Municipalities Women's Task Force and
Wilfred Laurier University, held in Brantford, Ontario on January 25, 2003 with
the costs being charged to Councillor Shapero's budget.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Regional Councillor B. O'Donnell
That Clause (13), Report No. 11 be amended to delete the words after
"… Councillor E. Shapero at the…" and the following be substituted
therefore:
"Women
in Municipal Politics" workshop hosted by the Federation of Canadian
Municipalities Women's Task Force and Wilfred Laurier University, held in
Brantford, Ontario on January 25, 2003 with the costs being charged to
Councillor Shapero's budget."
CARRIED
(14) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – FEBRUARY
3, 2003 (16.0)
4(c) REPORT NO. 12 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1) and
(7).
Moved by Councillor G. McKelvey
Seconded by Councillor S. Daurio
Report No. 12 - Development Services Committee
be received and adopted.
February 4, 2003
(1) OAK RIDGES MORAINE (2.0, 13.2.5)
That the staff presentation regarding the Oak
Ridges Moraine be received;
And that Council endorse staff submitting a
request to the Province to extend the deadline for bringing Markham’s Official
Plan and Zoning By-law into conformity with the Oak Ridges Moraine Conservation
Plan;
And that staff be congratulated on their
efforts to date;
And that mapping illustrating prime
agricultural lands be presented to Development Services Committee at its
meeting on February 18, 2003.
CARRIED
AS AMENDED
(See
following motion to amend)
Moved by Councillor E. Sharpero
Seconded by Regional Councillor F. Scarpitti
That Clause (1), Report No. 12 be amended to add the following paragraphs:
"And that staff be congratulated on
their efforts to date;
And that mapping illustrating prime
agricultural lands be presented to Development Services Committee at its
meeting on February 18, 2003."
CARRIED
(2) ONTARIO HERITAGE WEEK
PROCLAMATION AND
DISPLAY AT THE CIVIC CENTRE (3.4, 16.11)
Report attached
That
the week of February 17-23, 2003 be proclaimed as Ontario Heritage Week in the
Town of Markham as recommended by Heritage Markham;
And that the Heritage Section set up an educational heritage display in
the Great Hall of the Civic Centre during Heritage Week to promote Markham’s
built heritage programs;
And
that the Prince of Wales Prize Flag be authorized to be raised on the Town of
Markham Civic Centre Flagpole for the duration of Ontario Heritage Week.
(3) FINAL
ASSUMPTION - RESIDENTIAL PLANS OF SUBDIVISION (10.7)
Whereas by
Memorandum dated January 7, 2003, the Director of Engineering advises that the
guarantee periods for Registered Plans 65R-18643, 65M-2942, 65M-2267, 65M-2268,
65M-2269, 65M-2270, 65M-2521, 65M-2291, 65M-2959, 65M-2843, 65M-2963 and
65M-2886 have expired and all securities have been returned to the owners;
Now therefore
be it resolved
That the
services in the following subdivisions be accepted:
Myron
Pestaluky (Old Ivy Lane) 65R-18643
Rust
Developments Limited 65M-2942
Deyncourt
Investors Inc. 65M-2267
65M-2268
65M-2269
65M-2270
Arrowdale
Developments Limited 65M-2521
Primate
Investments Limited 65M-2291
Cedarland
Properties Limited 65M-2959
Canadian
National Railway Company and 777192
Ontario
Limited 65M-2843
Humbold
Properties Limited 65M-2963
713134 Ontario
Limited 65M-2886
And that the
Mayor and Clerk be authorized to execute the necessary releases from the terms
of the subdivision agreements;
And further
that the necessary by-laws be enacted to establish roads within the
subdivisions as part of the highways of the Town of Markham.
(By-laws 2003-41 to 2003-48)
(4) FOREST BAY HOMES LTD., 7205 MARKHAM ROAD
SUBDIVISION DEVELOPMENT GROUND SIGN VARIANCE (01-112130) (2.16.2)
Report attached
(5) FOLLOW UP ON THE RECOMMENDATIONS OF
THE MARKHAM TASK FORCE ON AFFORDABLE HOUSING (10.7)
Report attached
1. As part of the Town’s role in
support of the provision of rental and affordable housing, and in particular
advocacy, Council:
(a)
request
the Federal Government to give effect to the recommendations of the Task Force
on Urban Issues and give immediate attention to financial incentives focused on
changes in taxation policy in support of such housing, including further
consideration of a full rebate of the Goods and Services Tax (GST) on new
rental housing;
(b)
request
the Provincial Government to pursue additional initiatives, complementary to
those recommended by the Federal Task Force on Urban Issues, in support of the
creation of rental and affordable housing;
(c)
endorse
the Housing Supply Strategy for York Region, and continue to work in
partnership with the Region on the application of policy and financial
incentives to encourage rental and affordable housing development;
(d)
request
the Region and the Province to ensure that the shelter allowance portion of
social assistance funding is geared to local housing costs; and
(e)
request
the Development Services Committee and staff to further review and make
recommendations to Council on:
·
a
public/private partnership with the Region of York and the development industry
on a demonstration housing project proposal to secure a Markham allocation of
Community Rental Housing Program funding; and
·
a
strategy for public involvement in the supply of rental and affordable housing
in Markham, including working collaboratively with the Region of York on a
public education and awareness campaign offering information about housing
policies/activities in Markham.
2. As
part of the Town’s role in support of the provision of rental and affordable
housing, and in particular policy initiatives, Council:
(a) request the Development Services Committee
to further review and make recommendations to Council on:
·
the
identification of possible government lands for further consideration for
demonstration housing projects and the appropriate next steps;
·
the
preparation of an inventory of parcels suitable for intensification by either
infill or redevelopment for higher density and rental and affordable housing;
·
how
the program for a new Official Plan might consider land use policies in support
of new rental and affordable housing opportunities including, but not limited
to, increased densities, innovative forms of mixing ownership and rental units
and incorporating housing for seniors;
(b) authorize Staff to
initiate a study to determine the housing stock, focusing on affordable
housing, projected from current planning approvals, and the projected housing
stock within the existing urban boundaries, and land requirements for the Town
and to provide recommendations regarding further approvals and policy
requirements to meet Markham’s housing stock requirements to 2021;
(c) authorize
Staff to establish a monitoring program for housing stock, and in particular
rental and affordable housing;
(d) authorize
staff to work with the Markham Centre Steering Committee and area
landowners to explore potential
opportunities for constructing rental and affordable housing within Markham
Centre, and to report to Council.
3. As
part of the Town’s role regarding the provision of rental and affordable
housing, and in particular financial initiatives, Council request the
Development Services Committee to further review and make recommendations to
Council on Terms of Reference and a budget proposal for a study to identify and
recommend possible financial incentives that the Town might employ to
encourage/support the production of rental and affordable housing (including
the financial implications of the development of any Markham owned lands
surplus to Town requirements for affordable housing) to be undertaken under the
direction of the Commissioner of Corporate Services.
4. And
that Town staff fast-track a review of opportunities, and determine options
available and the financial incentives and impacts, to ensure Markham receives
a share of the 300 affordable housing unit allocation under York Region.
(6) HERITAGE STATUS - 9767 KENNEDY ROAD
(16.11)
Report attached
That
the heritage dwelling located at 9767 Kennedy Road known as the Henry Pingle
Senior House be considered a significant heritage resource;
That
the dwelling be preserved within any future development of the property
preferably on its original foundation on an appropriately sized, newly created
lot;
And
that, if after consultation with staff, retention on its original foundation is
not feasible given development constraints, the dwelling may be relocated to
another lot on the property, which is of a size that does not compromise the
aesthetics of the dwelling, provides an appropriate amenity area and would
allow the dwelling to continue to face Kennedy Road.
(7) WOODSIDE II AND III DEVELOPMENTS
INC.
3075 AND PART OF 3083 HIGHWAY #7 EAST, LOT 10, CONC. 4
SITE PLAN APPLICATION TO PERMIT AN LCBO RETAIL
OUTLET AND HOLD REMOVAL - SC. 02.114373 AND ZA. 02.114375 (10.5, 10.6)
Report attached
That the
report dated February 4, 2003, entitled, “Woodside II and III Developments Inc. site plan application
to permit an LCBO retail outlet and Hold removal at 3075 and part of 3083
Highway #7 East Lot 10, Concession 4 (SC. 02.114373 and ZA. 02.114375)” be
received;
That the
zoning application (ZA 02.114375) submitted by Woodside II and III Developments
Inc. to remove the Hold provision on the lands to permit an LCBO retail outlet
at 3075 and part of 3083 Highway #7 East, be approved;
That the site
plan application (SC.02.1143737) to permit an LCBO retail outlet at 3075 and
part of 3083 Highway #7 East, be approved subject to the following conditions:
- That the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions
and requirements of the Town, Region of York and other public agencies
including;
- That the
site plan agreement contain provisions for payment by the Owner of all
applicable fees, recoveries, cash-in-lieu of parkland, and development
charges.
- That
prior to the execution of the site plan agreement, the Town shall ensure
satisfactory arrangements have been made to satisfy all obligations
related to the development, financial or otherwise;
- That
prior to the execution of the site plan agreement, the owner shall ensure
satisfactory arrangements have been made to satisfy all easement
obligations related to vehicular site circulation and shared access across
the site and adjacent developments;
- That
prior to the execution of the site plan agreement, the Owner shall submit
final drawings including but not limited to site plans and elevations
drawings, landscape plans, and engineering drawings that comply with all
requirements of the Town and authorized public agencies, to the
satisfaction of the Commissioner of Development Services;
- That
prior to the execution of the site plan agreement, the owner will pay for
all costs associated with the relocation of utilities within the
right-of-way, as may be required;
- That the
owner will obtain approval from the York Region Transportation and Works
Department prior to commencing any work on the site or road allowance;
- That
prior to the execution of the site plan agreement, the owner submit to the
Town a clearance letter from the Toronto and Region Conservation Authority
indicating that the Owner has been issued a permit pursuant to Ontario
Regulation 158 for any works within the floodplain portion of the subject
lands;
- And that
the site plan approval will lapse after a period of three years commencing
February 4, 2003, in the event that a site plan agreement is not executed
within that period;
10. And
that the owner covenant and agree in the Site Plan Agreement not to obstruct
the access easement across Beaver Creek to Woodbine Avenue leading to the
subject lands except for such number and dimensions of speed bumps, as shown on
final approval plans, to the satisfaction of the Director of Engineering;
11. And
that the owner covenant and agree, in the site Plan Agreement, to remove the
speed bumps from the bridge structure and driveway over their property, or
grant the Town permission to access the property to remove the obstructions, at
no cost to the Town;
12. And
that the owner covenant and agree, in the Site Plan Agreement, to install
signage indicating "no stopping or parking" on the bridge structure,
and to not permit the parking of vehicles on the bridge or along the southerly
east-west driveway on their property;
13. And
that the owner covenant and agree, in the Site Plan Agreement, to maintain the
mutual access driveway free and clear of obstructions;
14. And
that the owner investigate possible measures to facilitate safe pedestrian
movements across the bridge structure, and incorporate any appropriate measures
into the final plans to the satisfaction of the Town;
15. And
further that the owner and adjacent landowner (Eastside Chevrolet Oldsmobile)
work in cooperation to develop a traffic-calming plan for the mutual access
easement driveway, to the satisfaction of the Town.
DEFERRED AS AMENDED
(See following motion to amend)
(See following motion to defer)
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Clause (7), Report No. 12 be amended to include the following
additional conditions.
"10. That
the owner covenant and agree in the Site Plan Agreement not to obstruct the
access easement across Beaver Creek to Woodbine Avenue leading to the subject
lands except for such number and dimensions of speed bumps, as shown on final
approval plans, to the satisfaction of the Director of Engineering;
11. And
that the owner covenant and agree, in the site Plan Agreement, to remove the
speed bumps from the bridge structure and driveway over their property, or
grant the Town permission to access the property to remove the obstructions, at
no cost to the Town;
12. And
that the owner covenant and agree, in the Site Plan Agreement, to install
signage indicating "no stopping or parking" on the bridge structure,
and to not permit the parking of vehicles on the bridge or along the southerly
east-west driveway on their property;
13. And
that the owner covenant and agree, in the Site Plan Agreement, to maintain the
mutual access driveway free and clear of obstructions;
14. And
that the owner investigate possible measures to facilitate safe pedestrian
movements across the bridge structure, and incorporate any appropriate measures
into the final plans to the satisfaction of the Town;
15. And
further that the owner and adjacent landowner (Eastside Chevrolet Oldsmobile)
work in cooperation to develop a traffic-calming plan for the mutual access
easement driveway, to the satisfaction of the Town."
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Clause (7), Report No. 12 be deferred to the Development Services
Committee meeting of February 18, 2003;
And
that staff be requested to report
on the following issues at that time:
1) approval of the existing bridge structure
across the valleylands
2) the possibility of the valleylands being
conveyed now
3) a plan in which the speed humps would be
the sole responsibility of Eastside Chevrolet Oldsmobile and Woodside
Developments Inc.
4) the length of time the car wash on the
site has been in operation.
CARRIED
(8) WYNBERRY DEVELOPMENTS INC., PHASE 1
9462 HIGHWAY 48,
WISMER COMMONS COMMUNITY
APPLICATIONS FOR REVISION TO
DRAFT PLAN APPROVAL
AND IMPLEMENTING REZONING FOR
DRAFT PLAN OF
SUBDIVISION (PHASE I)
19T-01020 (SU 01 119048, ZA 01 119040) (10.5, 10.7)
Report attached
That Phase 1
of draft plan of subdivision 19T-01020, prepared and revised by KLM Planning
Partners Inc., identified as Project Number P-386, Dwg. No. – 02:4, be approved
subject to the revised conditions of draft plan approval set out in Appendix
‘A’ to the staff report dated February 4, 2003;
That the
applications submitted by Wynberry Developments Inc. to amend Zoning By-laws
177-96 and 304-87 be approved and the implementing by-laws, set out in Appendix
‘B’ to the staff report dated February 4, 2003, be enacted, without further
notice;
That water
supply allocation for 14 units be granted to Wynberry Developments Inc. subject
to written confirmation from the Trustee of the Wismer Commons Developers’
Group that water supply has been made available from the total allocation
granted to the Wismer Commons Community by the Town;
That the Town
reserves the right to revoke or reallocate water allocation to the Draft Plan
of Subdivision should the development not proceed in a timely manner;
That the
applicant submit the required 30% subdivision processing fee for the Phase 1
portion of the subdivision;
That
registration of Phase 1 in respect to interim sanitary capacity and sewage
allocation and water supply be subject to conditions listed in this report;
and;
That the
Wismer Commons Development Phasing Plan be updated to reflect the revision to
the phasing of development as outlined in this report and the existing phasing
agreement be amended to include this update.
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF
DEVELOPMENT SERVICES
COMMITTEE MEETING – FEBRUARY
4, 2003 (16.0)
CARRIED
5. MOTIONS
Council consented to add Motions (1) and (2).
(1) HERITAGE
CANADA FOUNDATION
QUEEN'S GOLDEN JUBILEE MEDAL
(12.2.6)
That the honour of Mayor Don Cousens being awarded, on behalf of the
Town of Markham and its heritage program, the Queen's Golden Jubilee Medal
presented by the Heritage Canada Foundation, be recognized;
And that the support and leadership of staff, specifically Regan
Hutcheson and Michael Seaman, be acknowledged.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) FREDERICK HORSMAN
VARLEY ART GALLERY
- PRESENTATION OF ACCOMPLISHMENTS (12.2.6)
That the presentation by Mr. Stewart Coxford, Chairman and Ms. Sharon
Gaum-Kuchar, Director/Curator, Frederick Horsman Varley Art Gallery, providing
information on the many accomplishments of the Varley Art Gallery during the
past year, be received;
And that the efforts and contribution of members of the Frederick
Horsman Varley Art Gallery Board of Directors, be acknowledged.
CARRIED
(2/3rd vote to consider required
and obtained)
6. RESOLUTIONS
(1) JESSAMYN HOLDINGS
LIMITED EXPROPRIATION
- REASONS & CERTIFICATE OF APPROVAL (10.7)
Whereas
Council for The Corporation of the Town of Markham, sitting as an approving
authority under the Expropriations Act on December 10, 2002, considered the
report of the Inquiry Officer, Gillian Burton, dated November 18, 2002;
And whereas
Council received further representations concerning this matter from the owner
of the subject lands, Jessamyn Holdings Limited, through its legal counsel,
Roger Beaman, and from various other interested parties;
And whereas
Council decided to proceed with the expropriation and has a statutory
obligation to deliver reasons and to issue a Certificate of Approval;
Now therefore
Council provides as follows:
That Council
does not accept the conclusion of the Inquiry Officer that the public benefits
associated with expanding German Mills Settlers Park can be achieved with a
lesser taking and that the expropriation of the entire subject lands therefore
proceed in order to realize these objectives;
And that a
Certificate of Approval be issued in the prescribed form;
And that a
by-law be enacted to expropriate lands legally described as Part of Lot 4,
Concession 3, Town of Markham, Regional Municipality of York and more particularly
described as Lots 1, 2, 3, 4, 5 and 6 on Plan 65M-3596, registered on August
30, 2002 in the Land Registry Office for the Land Titles Division of York
Region (No. 65).
(By-law 2003-51)
LOST
(See following recorded vote)
(5:5)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
E. Shapero, Councillor K. Usman. (5)
NAYS: Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik,
Councillor A. Chiu. (5)
ABSENT: Regional
Councillor G. Landon, Councillor J. Virgilio, Councillor J. Heath. (3)
7. COMMUNICATIONS
That Council
receive and consent to the disposition of communications in the following
manner:
Received
86-2003 Helen Ho,
Thornhill United Church - Advising that under the umbrella of MOSAIC interfaith
group, they will be hosting an Out of the Cold shelter for ten consecutive
Friday nights, starting January 31, 2003 and ending April 4, 2003. The program
will begin at 4:30 p.m. and end at 8 a.m. the following morning. (12.2.6) NOT
CONSIDERED
87-2003 The
Regional Municipality of York - Forwarding a copy of the Prime Minister's
Caucus Task Force on Urban Issues Final Report: Canada's Urban Strategy a Blueprint for Action. (13.4) NOT CONSIDERED
Referred to all Members of Council
88-2003 Proclamation
- April 21 to 27, 2003 - Pitch-In Canada Week. (3.4)
NOT
CONSIDERED
89-2003 Proclamation
- March 3 to 9, 2003 - Social Work Week. (3.4)
NOT
CONSIDERED
90-2003 Proclamation
- March 3 to 9, 2003 - Pharmacy Awareness Week. (3.4)
NOT
CONSIDERED
91-2003 Shangri-La
Banquet & Convention Centre, 50 Esna Park Drive - Forwarding a request for
approval to temporarily extend the West Indian gathering to their outdoor
facility at 50 Esna Park Drive on May 18, 2003 to facilitate the temporary
extension of liquor licence by the Alcohol and Gaming Commission of Ontario.
(3.21) NOT
CONSIDERED
8. OTHER BUSINESS
(1) CHANGE OF STREET NAMES -
CORNELL COMMUNITY
(10.14 & 5.17)
A notice has been posted on the Town of Markham
web site and published in the Markham Economist and Sun on February 4th, 2003
that the Council of the Corporation of the Town of Markham intends to pass a
by-law to rename Lane C, Registered Plan 65M-3202 and a portion of Lane A,
Registered Plans 65M-3243 and 65M-3507 to Milroy Lane and to rename a portion
of Lane W, Registered Plan 65M-3294 to Winklers Lane.
Council to inquire whether any persons are in
attendance to support or object to the proposed change of names.
If no objection, Council to consider the
following motion:
WHEREAS Notice
has been given as required by Section 47, of the Municipal Act, 2001, S.O.
2001, c.25, as amended with respect to a proposed by-law to rename Lane C,
Registered Plan 65M-3202 and a portion of Lane A, Registered Plans 65M-3243 and
65M-3507 to Milroy Lane and to rename a portion of Lane W, Registered Plan
65M-3294 to Winklers Lane.
AND WHEREAS no
person has claimed that he/she would be adversely affected by the by-law or has
applied to be heard;
NOW THEREFORE
BE IT RESOLVED THAT a by-law be enacted later in the meeting to rename Lane C,
Registered Plan 65M-3202 and a portion of Lane A, Registered Plans 65M-3243 and
65M-3507 to Milroy Lane and to rename a portion of Lane W, Registered Plan
65M-3294 to Winklers Lane.
(Clause 2, Report No. 3, 2003)
(By-law 2003-52)
NOT CONSIDERED
(2) CLOSE
A PORTION OF THE MEADOWS AVENUE
MORE PARTICULARLY DESCRIBED AS
PARTS 1, 2 AND 3 ON PLAN OF SURVEY 65R-25536 (5.17, 8.1 & 8.7)
Council to inquire whether any persons are in
attendance to either support or object to the closing of this property.
If no objection, Council to consider the
following motion:
WHEREAS a
notice to close a portion of The Meadows Avenue more particularly described as
Parts 1, 2 and 3 on Plan of Survey 65R-25536, has been posted on the Town's web
site and published in the local newspaper;
AND WHEREAS no
persons have objected thereto this date;
THEREFORE BE
IT RESOLVED that a by-law to close a portion of The Meadows Avenue more
particularly described as Parts 1, 2 and 3 on Plan of Survey 65R-25536, Town of
Markham, Regional Municipality of York be considered by Council later in the
meeting.
(Clause 2, Report No. 3, 2003)
(By-law 2003-53)
NOT CONSIDERED
(3) MINTHORN
BOULEVARD EXTENSION TO LESLIE STREET (8.5)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
That
notice of the proposed disposition of part of Minthorn Blvd., Plan 65M-2665,
designated as Parts 1, 2, 3 and 4, Plan 65R-25483 and part of the public
walkway legally described as Part of Block 8, Plan 65M-2665, designated as Part
8, Plan 65R-25483, be confirmed.
(Clause 6, Report No. 11, 2003)
NOT CONSIDERED
9. BY-LAWS
That By-laws
2003-39 to 2003-56 be given three readings and enacted.
Three Readings
BY-LAW 2003-39 A by-law to amend Traffic By-law 106-71, as amended (All-way
stop sign at Church Street and Country Glen Road/Butternut Lane.)
(Clause 1, Report No. 10, 2003) NOT CONSIDERED
BY-LAW 2003-40 A by-law to amend Parking By-law 336-88, as amended (No parking
prohibition on Juneberry Avenue from the north property line of house #22 and
#23 to the north limit of Juneberry Avenue.)
(Clause 2, Report No. 10, 2003) NOT
CONSIDERED
BY-LAW 2003-41 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-2942 as public highways (Rust Developments Ltd., Block 67 and
Part of Blocks 64 and 65, Plan 65M-2352).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-42 A by-law to establish the streets laid out according to Plans
of Subdivision 65M-2267, 65M-2268, 65M-2269 and 65M-2270 as public highways
(Deyncourt Investors Inc., Part of Lots 14 and 15, Concession 6).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-43 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-2521 as public highways (Arrowdale Developments Limited, Part
of Lot 4, Concession 6).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-44 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-2291 as public highways (Primate Investments Limited, Part of
Lot 7, Concession 3).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-45 A by-law to establish the street laid out according to Plan of
Subdivision 65M-2959 as public highway (Cedarland Properties Limited, Part of
Lots 3 and 4, Concession 5, Part of Lot 3, Concession 6 and Part of Lots 80 to
93 both inclusive, Plan 65M-2095).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-46 A by-law to establish the street laid out according to Plan of
Subdivision 65M-2843 as public highway (Canadian National Railway Company and
777192 Ontario Limited, Part of Lots 4 and 5, Concession 8).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-47 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-2963 as public highways (Humbold Properties Limited, Part of
Lot 19, Concession 4, Town of Markham).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-48 A by-law to establish the streets laid out according to Plan of
Subdivision 65M-2886 as public highways (713134 Ontario Limited, Part of Lot 4,
Concession 3).
(Clause 3, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-49 A by-law to amend Zoning By-law 304-87, as amended (Wynberry
Developments Inc., Phase 1, 9462 Highway 48, Wismer Commons Community - To
delete the lands from By-law 304-87, as amended so that it may be incorporated
into By-law 177-96, as amended to permit the development of the draft plan of
subdivision).
(Clause 8, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-50 A by-law to amend Zoning By-law 177-96, as amended (Wynberry
Developments Inc., Phase 1, 9462 Highway 48, Wismer Commons Community - To
permit the development of the draft plan of subdivision).
(Clause 8, Report No. 12, 2003) NOT
CONSIDERED
BY-LAW 2003-51 A by-law to expropriate lands required for park purposes at
German Mills Settlers Park (Jessamyn Holdings Inc., Part of Lot 4, Concession
3, more particularly described as Lots 1 to 6 on Plan 65M-3596).
(Resolutions- February 11, 2003) NOT CONSIDERED
BY-LAW 2003-52 A by-law to change street names in the Cornell Community (Lane C
and a portion of Lane A to Milroy Lane and Lane W to Winklers Lane.)
(Clause 2, Report No. 3, 2003) NOT
CONSIDERED
BY-LAW 2003-53 A by-law to close a portion of The Meadows Avenue (Parts 1 and
3 on Plan of Survey 65R-25536.)
(Clause 2, Report No. 3, 2003) NOT
CONSIDERED
BY-LAW 2003-54 A by-law to amend Zoning By-law 177-96, as amended (Brawley
Manor Phase 2 (Wismer Commons), Plan 19T-95040, Part of Lot 17, Concession 7 -
To remove the (H) Hold provision.) NOT
CONSIDERED
BY-LAW 2003-55 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Merano Developments Inc. (Greensborough), Blocks
281, 288, 289, 290, 292, 293, 296, 297 299, 300 and 301, Plan 65M-3600.) NOT
CONSIDERED
BY-LAW 2003-56 A by-law to confirm the proceedings of the Council meeting of
February 11, 2003.
(Council
Meeting No. 5, 2003) NOT
CONSIDERED
10. ADJOURNMENT
At 8:15 p.m.
Mayor Cousens declared the meeting adjourned due to a lack of quorum.
______________________________ _____________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)