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                                                                                                                                    2006-01-17

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 2

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero (5:05 p.m.), Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)

 

Regrets

Councillor K. Usman. (1)

 

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

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

(1)        Tender Award #153-T-05 - John Street Sanitary Sewer, CNR to North Don Collector Sewer (7.12.1)

(2)        Request by Whitchurch-Stouffville to Name a Rouge River Tributary Extending Into Markham (13.5.2)

(3)        2006 Advisory Committee/Board Appointments (16.24)

(4)        Proposed Deeming By-Law, Rodeo Fine Homes Inc., Block 26, Plan 65M-2108, South Side Mckelvey Dr. West of Aileen Rd. (10.6)

(5)        Signage – River Crossings (2.16)

CARRIED

 

The Regular Meeting of Council was held on January 17, 2006 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 J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (7:05 p.m.), Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)

 

 

Regrets

Councillor K. Usman. (1)


 

STAFF

J. Baird, Commissioner of Development Services

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

P. Miller, Manager, Secretariat Services

B. Nanninga, Executive Assistant

S. Birrell, Town Clerk

J. Carnegie, Director of Corporate Communications

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Committee of the Whole Motion No. 4 and By-law 2006-11, the proposed deeming by-law for Rodeo Fine Homes (Block 26, Plan 65M-2108), by nature of representing the owner, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor J. Virgilio disclosed an interest with respect to Report No. 4, Clause (8) (Item No. 21 of Development Services Committee Minutes), the proposed site plan by Rogers Wireless Inc. at 4134 16th Avenue, by nature of his son being employed by Rogers Communications, 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 Deputy Mayor F. Scarpitti

Seconded by Regional 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)        TENDER AWARD #153-T-05 - JOHN STREET SANITARY
            SEWER, CNR TO NORTH DON COLLECTOR SEWER (7.12.1)

            Report    1    2     Memo

 

That the memorandum, dated January 17, 2006, from the Commissioner of Development Services and the Manager of Infrastructure & Capital Works, providing additional information about the flow rate associated with the dewatering for the John Street sanitary sewer, from CNR to the North Don collector sewer, be received;

 

And that staff report back on the rebound of the water table, post construction.

 

 

(2)        REQUEST BY WHITCHURCH-STOUFFVILLE
            TO NAME A ROUGE RIVER TRIBUTARY EXTENDING
            INTO MARKHAM (13.5.2)

             Memo

 

That the email communication from the Senior Project Coordinator, Environmental Planning & Rouge Park clarifying the name of the community and the tributary as "Dickson Hill" and explaining the geographic location of the creek, be received and endorsed.

 

 

(3)        2006 ADVISORY COMMITTEE/BOARD
            APPOINTMENTS (16.24)

 

Advisory Committee on Accessibility

That the following persons be appointed to the Advisory Committee on Accessibility for a term to expire November 30, 2006:

 

            Ted Chivers

            Sidney Polak

            Terry Kahn

            Michael Kahn

 

Canada Day Committee

That the following persons be appointed to the Canada Day Committee for a term to expire November 30, 2006:

 

            Charlene Woron

            Naeem Siddiqi

 

Markham Conservation Committee

That the resignations of Shaoneng (River) He and Karen Volpe from the Markham Conservation Committee be received with regret and letters of appreciation forwarded.


 

Markham Theatre Advisory Board

That the following persons be appointed to the Markham Theatre Advisory Board for terms to expire November 30, 2008:

 

            Jennifer Kah

            Mario Miranda

            Natalie Talsky

 

Heritage Markham

That the following person be appointed to Heritage Markham to represent the Unionville area for a term to expire November 30, 2008:

 

            Nelson Torres

 

 

(4)        PROPOSED DEEMING BY-LAW
            RODEO FINE HOMES INC.
            BLOCK 26, PLAN 65M-2108
            SOUTH SIDE MCKELVEY DR. WEST OF AILEEN RD. (10.6)

              Report

 

That Council enact a by-law to deem Block 26 Plan 65M-2108 not to be part of a registered plan of subdivision, to allow title to this block to merge with Part 1 Plan 65R-28396, located immediately to the west, to accommodate a proposed single detached dwelling on both parcels;

 

And that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2006-11)

 

(Councillor J. Virgilio was absent)

 

 

(5)        SIGNAGE – RIVER CROSSINGS (2.16)

 

That the announcement and display by Regional Councillor J. Heath of new signs, approved by the Rouge Park Alliance, to be installed in the Town of Markham for river crossings and specifically as a pilot project for local road crossings of Robinson Creek, be received.

 

 

Moved by Councillor A. Chiu

Seconded by Deputy Mayor F. Scarpitti

 

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

 

CARRIED


 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            - DECEMBER 13, 2005

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

That the Minutes of the Council Meeting held on December 13, 2005, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        2005 HOLIDAY LIGHTEN-UP CONTEST WINNERS (12.2.6)

 

Councillor S. Daurio thanked members of staff and everyone who helped make the Seniors' Tour a success.  Council extended congratulations and presented awards to the following winners of the Markham Holiday Lighten-up Contest in 2005:

 

Best Lit Homes

Ward 1

Household

4 Rosea Court

Lindsay

46 Stornoway Crescent

Sebastyan

67 Romfield Circuit

Fleming

155 Royal Orchard Boulevard

Stefanic/Welsh

168 Royal Orchard Boulevard

Curran

54 Highland Park Boulevard

Forrester

56 Shady Lane Crescent

Miles

 

 

Ward 5

Household

49 Cornwall Drive

Raiche

9 Henry Corson Place

Hitchon

188 Russell Jarvis Drive

Jayasinghe

76 Boxwood Crescent

Fuentes

38 Rouge Street

McCrossan

29 Jerman Street

Boyle

 

Best Lit Street

 

Ward 1

 

Shady Lane Crescent

 

 

 

Ward 5

 

Daniel Court

 

 

 

 


 

(2)        MARKHAM ENVIRONMENTAL SUSTAINABILITY
            FUND PRESENTATIONS (12.2.6)

 

Markham Environmental Sustainability Fund monies are presented to community-based projects and initiatives that promote environmental responsibility and innovation.  Council congratulated the following five recipients of funding in 2005:

 

Greensborough Public School

The funding will be used to promote a healthy and active lifestyle to students and link them with a sustainable natural space as part of a healthy community.  There will be three outdoor seating areas created at the school that can be used by classroom teachers, or groups of students for shaded meetings/classes and the areas may also be used as exercise stops.

 

Toronto and Region Conservation Authority and York Region Environmental Alliance

The funding will be used to deliver sixteen organic lawn care workshops throughout Markham to teach residents of Markham the basics of organic lawn care.  They will be distributing 750 copies of a lawn care manual with comprehensive information on organic lawn care and 100 lawn care kits for residents getting started with their new lawn care programs.

 

Milne Park Conservation Association

The funding will be used to enhance natural habitats within the area of Milne Park Conservation Area, which is part of the Rouge Park.  The restoration area is located at the westerly end of the park along the northerly property boundary.  The plantings will provide erosion control and increase wildlife habitat areas.

 

Ashton Meadows Public School

The funding will be used to build a natural playground to be available as an outdoor classroom with seating for up to thirty children, providing an alternate setting to the indoor classroom.  The site, which is located across the path from the Ashton Meadows Park, will extend this public park for community use.  The project will be a natural area on the north side of the building where fifteen “seating” rocks will be placed in a circle around a centre rock.  Shade trees and native species will be planted.

 

Thornhill East Don Scouts

The funding will be used to plant trees and shrubs in German Mills Settler’s Park along the riverbank of German Mills Creek.  This project will stabilize and prevent river bank erosion, beautify and naturalize the park and improve wildlife and fish habitat.


 

5.         DELEGATIONS

 

(1)        HEARING - DEVELOPMENT CHARGES
            1629397 ONTARIO INC.
            37 AND 39 GALLERIA PARKWAY
            BLOCKS 41, 42 AND 43, PLAN 65M-3226 (7.11)

              Report

 

Notice was served on December 23, 2005 that the Council of the Town of Markham would hold a hearing on Tuesday, January 17, 2006 at 7:00 p.m. in the Council Chamber at the Civic Centre to hear a complaint received from Hashem Ghadaki on behalf of 1629397 Ontario Inc. (the "complainant") with respect to development charges for the property at 37 and 39 Galleria Parkway, Blocks 41, 42 and 43, Plan 65M-3226, Markham.

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)

 

Regrets

Councillor K. Usman. (1)

 

 

Moved by Deputy Mayor F. Scarpitti

Seconded by Councillor G. McKelvey

 

That Mayor D. Cousens be appointed Chair to preside over the January 17, 2006 Development Charges Hearing.

 

CARRIED

 

 

The Development Charges Hearing was held on January 17, 2006 at 7:30 p.m. in the Council Chamber, Markham Civic Centre.  Mayor D. Cousens presided.

 

Council had before it a Notice of Hearing dated December 23, 2005, pursuant to Section 20 of the Development Charges Act, 1997, S.O. 1997, c.27, to hear the complaint by 1629397 Ontario Inc. with respect to development charges for the property at 37 and 39 Galleria Parkway, Blocks 41, 42 and 43, Plan 65M-3226.

 

Tony Ma with 1629397 Ontario Inc. was in attendance to speak to this matter, however, he was advised of a request to defer the Hearing and that it would be more appropriate for him to speak at that time.  Mr. Ma agreed.


 

Moved by Regional Councillor J. Heath

Seconded by Regional Councillor J. Jones

 

That the letter dated January 16, 2006 from Mr. Ira Kagan, Kagan Shastri Barristers & Solicitors, requesting that this matter be deferred, be received;

 

And that the Hearing regarding the appeal by 1629397 Ontario Inc. of Development Charges levied for 37 and 39 Galleria Parkway, be deferred to the February 14, 2006 Council meeting.

 

CARRIED

 

The Development Charges Hearing adjourned at 7:40 p.m.

 

 

 

 

6(a)      REPORT NO. 3 - GENERAL COMMITTEE

 

Council consented to separate Clauses (2), (3) and (7).

 

Moved by Councillor J. Virgilio

Seconded by Councillor S. Daurio

 

That Report No. 3 - General Committee be received and adopted.

 

January 9, 2006

 

(1)        THEATRE ENDOWMENT FUND POLICY (6.2 & 2.1)

            Report   1

 

That the report titled Theatre Endowment Fund Policy be received and approved;

 

And that the revised policy as outlined in Appendix A (as attached to the original minutes kept on file in the Clerk’s Office) be approved and be effective immediately.

 

 

(2)        CONTRACT EXTENSION FOR SUPPLY AND DELIVERY
            OF CARETAKING AND MAINTENANCE SUPPLIES 169-S-05
            (YORK PUBLIC BUYERS COOPERATIVE RFP CT99-02) (7.12)

            Report

 

That the contract with Swish Maintenance Limited for Supply and Delivery of Caretaking and Maintenance Supplies 169-S-05 (York Public Buyers Cooperative RFP CT99-02) be extended for one additional year to expire on December 31, 2006 at the same terms and conditions;


 

And that price increases, if any, will only apply to items impacted by market conditions which will not exceed 2% during the term of the contract and price decreases, if any, will be passed to the Town;

 

And that funds will be provided from user departments’ annual Operating Budget in the estimated annual amount of $264,000, exclusive of GST.

 

CARRIED

(See following motion to defer which was Lost)

 

 

            Moved by Councillor E. Shapero

            Seconded by Regional Councillor J. Jones

 

            That Report No. 3, Clause (2) be deferred pending investigation into the use of natural products for caretaking and maintenance supplies.

 

LOST

 

 

(3)        EXECUTIVE SUMMARY REPORT FORMAT (16.0)

            Report

 

That the presentation of the Town Clerk regarding the Executive Summary Report Format be received;

 

And that an executive summary report format for staff reports, included as Schedule “A” be adopted.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor S. Daurio

 

            That Clause (3) be amended to delete the words "…exceeding five pages…" from the second paragraph.

 

CARRIED

 

 

(4)        MARKHAM THEATRE AUDIO SYSTEM
            UPGRADE GRANT (6.2 & 7.6)

            Report  Appendix

 

That the report titled Markham Theatre Audio System Upgrade Grant Report be received;


 

And that Council proceed with a grant application that meets the requirements as outlined in the grant application (refer to Appendix A – Grant Application);

 

And that Council pre-approve the 2006 Theatre capital project #7005, Theatre Audio System Upgrade in the amount of $165,900 ($82,950 grant funded, $82,950 Town-funded) subject to confirmation of grant approval;

 

And that the matter of the Town-funded portion of the project ($82,950) be referred to the Markham Theatre Board meeting on January 31, 2006 for further discussion as to an appropriate funding source;

 

And further that the Mayor and Town Clerk be authorized to sign the Heritage Grant Application, such agreement to be subject to the approval of the Town Solicitor.

 

 

(5)        FEDERAL CULTURAL SPACES – GRANT APPLICATION (6.7 & 7.6)

            Report  Appendices  

 

That the report entitled Federal Cultural Spaces – Grant Application be received;

 

And that Council approve to proceed with a grant application that meets the requirements as outlined in the application guideline.  Refer to Appendix A – Grant Application, Appendix B – Application Guidelines and Appendix C – Environmental Guidelines (all attached to the original minutes kept on file in the Clerk’s Office);

 

And that Council pre-approve the 2006 Museum Capital project #7004 Ward Building Design and Environmental Assessment in the amount of $325,000;

 

And that Council pre-approve the planned Town of Markham contribution to the 2007 Museum Capital project – Ward Building Project in the amount of $1,674,750 contingent on the approval of the award of Cultural Spaces grant funding;

 

And further that the Mayor and Town Clerk be authorized to sign the Cultural Spaces grant application; such agreement to be subject to the approval of the Town Solicitor.

 

CARRIED

 

 

(6)        TENDER AWARD #153-T-05 - JOHN STREET SANITARY
            SEWER, CNR TO NORTH DON COLLECTOR SEWER (7.12.1)

            Report    1   2

 

That the report entitled “Tender Award #153-T-05 John Street Sanitary Sewer, CNR to North Don River Collector Sewer” be received;


 

And that the contract for tender #153-T-05 John Street Sanitary Sewer, CNR to North Don River Collector Sewer be awarded to the lowest price qualified bidder, CO-X-CO Construction Ltd. in the amount of $740,823.00 exclusive of GST;

 

And that a contingency amount of $74,100.00 exclusive of GST be established to cover any additional costs and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit;

 

And that staff be authorized to select a qualified consulting engineering firm in accordance with the Town’s purchasing bylaw to provide geotechnical, materials and hydrogeological testing services during construction in the upset limit amount of $20,000.00 exclusive of GST;

 

And that the consulting services contract with MacViro Consultants Inc. for this project be increased by a total of $59,510.00 exclusive of GST to cover the cost of services not included in the consultant’s original terms of reference including the preparation of a Permit to Take Water, re-tendering of the project and supervision of a two stage construction project;

 

And that the John Street Sanitary Sewer, CNR to North Collector Sewer project budget in the total amount of $1,003,378.00 outlined on page 3 (of the staff report) be approved;

 

And that funding be provided from the following sources:

 

            Previously Approved Developer Agreement                                   375,000

            Previously Approved Site Plan Control Agreement                         317,150

                                                                        Sub total                          $692,150

 

            Additional Revenue from Site Plan Control Agreement       311,228

                                                                        Total Funding               $1,003,378

 

And that upon payment of all invoices and engineering fees, any remaining funds will be returned to the original funding source, the developer, Townhomes of Thornhill Village Inc.

 

 

(7)        REPORT FROM BUDGET SUB-COMMITTEE (7.0)

 

That the report of the General Committee regarding the 2006 Budget, be received;

 

And that the Budget Breakfast be held on Monday, February 6, 2006 in the Canada Room of the Markham Civic Centre from 8:00 a.m. to 10:00 a.m.;

 

And that the February 6 meeting of General Committee be rescheduled to begin at 10:00 a.m. in the Council Chamber;

 

And that staff be authorized to spend up to 50% of the 2006 Capital Budget.

 

CARRIED AS AMENDED

(See following motion to amend)


 

            Moved by Regional Councillor J. Heath

            Seconded by Councillor E. Shapero

 

            That Report No. 3, Clause (7) be amended to delete the following paragraphs:

 

            "That the Budget Sub-Committee recommends a property tax rate increase of 4.9% for 2006;

 

            And that the 2006 Operating Budget contribution to Capital be increased from $16.7m to $17.2m as per the current policy;

 

            And that the options to reduce the 2006 Operating Budget by $500,000 be presented to the January 23, 2006 meeting of General Committee;"

 

            And that the following paragraph be included as paragraph one:

 

            "That the report of the General Committee regarding the 2006 Budget, be received;"

 

CARRIED

 

 

(8)        TENNIS CLUB POLICY UPDATE (6.8)

            Report

 

That the staff report entitled Tennis Club Policy Update, dated January 9th, 2006, be received;

 

And that based on the results of monitoring the Highgate Tennis Courts over two (2) playing seasons, the amendments to Section F of the “Tennis Court Development and Maintenance Policy” (see Attachment ‘A’) to require new clubs to provide six (6) prime time hours of public tennis at no cost to residents, be approved;

 

And further that clubs in existence prior to 2003 be “grandfathered” in under the old policy.

 

 

(9)        AMENDMENT TO BY-LAW 279-96 – TO REGULATE THE
            THE CONDUCT OF PERSONS USING TOWN OWNED PROPERTY
            - POLICY FOR ROLLER SHOES IN TOWN FACILITIES (3.0, 8.0)

            Report     1     By-law

 

That the report entitled Amendment to By-law 279-96 – to Regulate the Conduct of Persons Using Town Owned Property - Policy for Roller Shoes in Town Facilities be received;

 

And that Council approve that patrons are not permitted to use “roller shoes” / “heelys” in Town facilities;


 

And that existing signage is amended in all Town facilities to inform all users of the policy;

 

And that the policy be advertised in the Recreation and Culture guide;

 

And that By-law 279-96, a By-law to regulate the conduct of persons using Town owned property, be amended to include a prohibition of the use of roller shoes / heelys;

 

And further that notice to the public be provided in accordance with by-law 2002-275, a by-law to prescribe the form and manner and times for the provision of reasonable notice.

(By-law 2006-1)

 

 

(10)      TRUE SPORT (6.0)

            Report

 

That the report entitled True Sport be received;

 

And that Town of Markham Council approve a resolution proclaiming Markham as a True Sport community;

 

And that the Markham Sport Council proceeds with the submission for Markham to be considered for a 2006 Bell True Sport Community Award.

 

 

(11)      SWIM TO SURVIVE PROGRAM (6.4)

            Report

 

That the report titled Swim to Survive Program be received;

 

And that the Swim to Survive Program be approved by Council;

 

And that Council authorize the Mayor and Clerk to execute Schedule ‘E and F’ – Additions to Purchase of Service which will form a part of the existing National Child Benefit Agreement between the Town of Markham and The Regional Municipality of York approved by Council in July 2001 in a form satisfactory to the Town solicitor.

 

 

(12)      MARKHAM BIA – MAIN STREET TREE PLANTING ON
            PRIVATE PROPERTY (3.11)

            Report

 

That the staff report entitled ‘Markham BIA - Main Street Tree Planting on Private Property’, dated December 7th, 2005, be received;


 

And that the Markham BIA be granted approval to proceed with the presentation of offers to property owners to plant a tree on private property at approximately sixteen (16) front yard locations on Main Street Markham;

 

And that a one-time grant in the amount of $5,000 be approved to the Markham BIA and funded from the 2005 Capital Account # 059-5350-6770-005 for Main Street Markham improvements;

 

And that any uncommitted funds from this one-time grant should be returned to the Town upon completion of the project;

 

And that the private property owners will be responsible for all subsequent maintenance and replacement of these trees.

 

 

(13)      COMMUNITY DONATION CENTRE – PILOT PROJECT
            WITH GOODWILL (INDUSTRIES) (5.1)

            Report

 

That the report titled Community Donation Centre – Pilot Project with Goodwill (Industries) be received;

 

And that the Waste Management Department be authorized to conduct a twelve month pilot project with Goodwill to determine public acceptance of a Community donation centre adjacent to the Thornhill Recycling Depot;

 

And that staff report back on the results of the pilot program with recommendations for possible expansion to other recycling depots.

 

 

(14)      COMMUNITIES IN BLOOM 2005 – FINAL REPORT (3.0)

            Report

 

That the staff report entitled Communities in Bloom 2005 – Final Report be received;

 

And that Council approve the participation of the Town of Markham in the 2006 National Communities in Bloom competition;

 

And that the Town of Markham extend the contract position for the Communities in Bloom Program Manager for the period of September 15, 2005 to September 30, 2006.


 

(15)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - JANUARY 9, 2006 (16.0)

 

That the General Committee minutes dated January 9, 2006 be received.

 

CARRIED

 

 

 

6(b)      REPORT NO. 4 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separates Clause (5) & (8).

 

Moved by Councillor G. McKelvey

Seconded by Regional Councillor D. Horchik

 

That Report No. 4 - Development Services Committee be received and adopted.

 

January 10, 2006

 

(1)        NEAMSBY INVESTMENTS INC.
            4412 14TH AVENUE, LOTS 19 AND 20, PLAN 65M-2813
            PROPOSED DEEMING BY-LAW (ZA 05 025617) (10.5)

Report

 

That the By-law, attached as Appendix ‘A’ to the staff report dated January 10, 2006, deeming Lots 19 and 20, Plan 65M-2813 not to be part of a registered plan of subdivision, be enacted and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2006-2)

 

 

(2)        NEAMSBY INVESTMENTS INC.
            95 DUFFIELD DRIVE, LOTS 13 AND 14, PLAN 65M-2813
            PROPOSED DEEMING BY-LAW (ZA 05 025615) (10.5)

Report

 

That the By-law, attached as Appendix ‘A’ to the staff report dated January 10, 2006, deeming Lots 13 and 14, Plan 65M-2813 not to be part of a registered plan of subdivision, be enacted and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2006-3)


 

(3)        OLD KENNEDY CO-OPERATIVE DEVELOPMENT CORP.
            90 AND 108 OLD KENNEDY ROAD
            LOTS 1 AND 2, REGISTERED PLAN 3580
            PROPOSED DEEMING BY-LAW (ZA 05 026979) (10.5)

Report

 

That the by-law attached as Appendix ‘A’ to the staff report dated January 10, 2006, deeming Lots 1 and 2, Registered Plan 3580 not to be part of a registered plan of subdivision, be enacted and that staff take appropriate action as required under Section 50 of the Planning Act.

(By-law 2006-4)

 

 

(4)        REVISED BUILDING CLASSIFICATION
            MARKHAM VILLAGE HERITAGE CONSERVATION DISTRICT (16.11)

Report     Attach B.

 

That the report titled “Revised Building Classification, Markham Village Heritage Conservation District” be received;

 

And that the Markham Village Heritage Conservation District Plan be amended by deleting the 1991 building classifications and replacing them with the 2005 building classifications as recommended by Heritage Markham (Appendix ‘B’).

 

 

(5)        STREET NAMING – MARKHAM CENTRE
            ENTERPRISE BOULEVARD, YMCA BOULEVARD,
             AND RIVIS ROAD (10.14)

Report

 

That the north/south connecting road between the Enterprise Boulevard extension and proposed YMCA Boulevard be named Rivis Road;

 

And that the name of the former access road to the Unionville GO Station YMCA Boulevard be referred back to staff for consideration of other possibilities;

 

And that the report dated January 10, 2006, entitled “Street Naming – Markham Centre:

Enterprise Boulevard, YMCA Boulevard and Rivis Road” be received;

 

And that the extension of Enterprise Boulevard through the Remington lands be formally named Enterprise Boulevard;

 

And that staff be directed to prepare the appropriate by-laws to formally name these streets;


 

And that staff review the name of Unionville Gate, in order to extend Enterprise Boulevard from Warden Avenue through to Kennedy Road.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor D. Horchik

            Seconded by Regional Councillor J. Jones

 

            That Report No. 4, Clause (5) be amended to delete the words "…extending the name of Enterprises Boulevard…" from the last paragraph and replace them with "…the name of Unionville Gate, in order to extend Enterprise Boulevard…".

 

CARRIED

 

 

(6)        PARKLAND CONVEYANCE APPLYING TO THE
            REMAINING UNDEVELOPED RESIDENTIAL PHASES
            OF THE LEITCHCROFT PLANNING DISTRICT (6.11, 10.7)

  Report

 

That the staff presentation, and the deputation by Paul DeMelo of Kagan Shastri, representing 1107656 Ontario Inc., regarding parkland conveyance in the Leitchcroft Planning District be received;

 

And that the staff report dated January 10, 2006,  entitled “Parkland conveyance applying to the remaining undeveloped residential phases of the Leitchcroft Planning District”, be received for information and consideration;

 

And that the letter dated October 17, 2005, attached as Appendix A to this report, from the Solicitor representing the Times Group, proposing an alternative option for parkland conveyance, be received;

 

And that the parkland conveyance strategy proposed by staff for the Phase II A and II B lands, and endorsed by Council in June 2005, consisting of a conveyance to the Town of a 5.9 acre park block south of South Park Road and west of Times Avenue, remain in effect;

 

And that the Town return the letter of credit to the owner, in the amount of $467,913.97, taken as security for parkland conveyance associated with Phase II A development, pursuant to the 2002 subdivision agreement (65M-3575);

 

And that the Phase III parkland dedication, consisting of 2.05 acres of land plus additional cash- in-lieu (the amount to be determined based on the number of residential units to be approved by Council), be dealt with at the time of site plan approval of the Phase III lands.


 

(7)        REQUEST BY WHITCHURCH-STOUFFVILLE
            TO NAME A ROUGE RIVER TRIBUTARY EXTENDING
            INTO MARKHAM (13.5.2)

              Memo

 

That the staff memorandum dated January 3, 2006, and correspondence from the Town of Whitchurch-Stouffville dated December 13, 2005, requesting to name a tributary of the Rouge River “Dickson Hill Creek” be received;

 

And that the Town of Markham support the proposed stream name of Dickson Hill Creek for the Rouge River Tributary extending from Whitchurch-Stouffville into Markham through the community of Dicksons Hill;

 

And that the Town of Whitchurch-Stouffville advise the Town of Markham upon submission of the name to the Geographic Names Society and the decision of the Geographic Names Board in order to monitor our mapping accordingly.

 

CARRIED

 

 

(8)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JANUARY 10, 2006 (16.0)

 

That the Development Services Committee minutes dated January 10, 2006 be received.

 

CARRIED

(Councillor J. Virgilio abstained

 - Item No. 21)

 

 

CARRIED


 

7.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Jones

 

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

 

Received

1-2006             Ministry of Citizenship and Immigrant - Calling nominations for the following Awards:
- The Ontario Volunteer Service Awards - recognize volunteers for continuous years of service with a community group.
- The Outstanding Achievement Awards for Voluntarism in Ontario - recognize superlative volunteer work undertaken by individuals, groups or businesses.
- The Ontario Medal for Young Volunteers - presented to young volunteers between the ages of 15 and 24 years of age. (13.2)

 

2-2006             Ontario Small Urban Municipalities (OSUM) - Forwarding their 53rd Annual Conference and Trade Show information to be held in the Municipality of Leamington from May 3 to 5, 2006. (13.5)

 

Referred to all Members of Council

3-2006             Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Pho 99 Vietnamese Restaurant, 8525 McCowan Road, Unit 4 (indoor). (3.21)

 

4-2006             Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Ferrovia Restaurant, 7760 Markham Road, Building C (indoor & outdoor). (3.21)

 

5-2006             Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for The Chef Thai Fusion, 115 Times Avenue (indoor). (3.21)

 

Referred to Commissioner of Development Services & Town Solicitor

6-2006             Ontario Municipal Board - Forwarding a decision to allow the appeal submitted by Loblaw Properties Limited for Official Plan and Zoning By-law Amendments to permit a large format retail plaza at 2938 Major Mackenzie Drive as agreed to by the parties and in accordance with the documents attached to the decision.
(By-laws 2006-5 to 2006-7) (10.3, 10.5 & 13.13)

 

CARRIED


 

8.         BY-LAWS

 

Council consented to add and separate By-law 2006-11.

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O'Donnell

 

That By-laws 2006-1 to 2006-11 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2006-1        A by-law to amend By-law 279-96, being a by-law to regulate the conduct of persons using Town owned property (To prohibit the use of roller shoes/heelys).
(Clause 9, Report No. 3, 2006)

 

BY-LAW 2006-2        A by-law to deem Lots 19 and 20, Plan 65M-2813 not to be part of a registered plan of subdivision (Neamsby Investments Inc., 4412 14th Avenue).
(Clause 1, Report No. 4, 2006)

 

BY-LAW 2006-3        A by-law to deem Lots 13 and 14, Plan 65M-2813 not to be part of a registered plan of subdivision (Neamsby Investments Inc., 95 Duffield Drive).
(Clause 2, Report No. 4, 2006)

 

BY-LAW 2006-4        A by-law to deem Lots 1 and 2, Registered Plan 3580 not to be part of a registered plan of subdivision (Old Kennedy Co-Operative Development Corp., 90 and 108 Old Kennedy Road).
(Clause 3, Report No. 4, 2006)

 

BY-LAW 2006-5        A by-law to adopt Official Plan Amendment No. 147 (Loblaw Properties Limited, 2938 Major Mackenzie Drive - To permit a large format retail plaza).
(OMB Approval) (Communication No. 6-2006)

 

BY-LAW 2006-6        A by-law to amend Zoning By-law 304-87, as amended (Loblaw Properties Limited, 2938 Major Mackenzie Drive - To delete subject lands from By-law 304-87, as amended, so they can be incorporated into By-law 177-96, as amended, to permit a large format retail plaza).
(OMB Approval) (Communication No. 6-2006)


 

BY-LAW 2006-7        A by-law to amend Zoning By-law 177-96, as amended (Loblaw Properties Limited, 2938 Major Mackenzie Drive - To delete subject lands from By-law 304-87, as amended, so they can be incorporated into By-law 177-96, as amended, to permit a large format retail plaza).
(OMB Approval) (Communication No. 6-2006)

 

BY-LAW 2006-8        A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (Update Officers' List).

 

BY-LAW 2006-9        A by-law to amend By-law 2002-276, a by-law to impose fees or charges for services or activities provided or done by the Town of Markham (To amend sport field user fees)
(Clause 7, Report No. 68, 2004)

 

BY-LAW 2006-10      A by-law to confirm the proceedings of the Council meeting of January 17, 2006.
(Council Meeting No. 2, 2006)

 

BY-LAW 2006-11      A by-law to deem Block 26, 65M-2108 not to be part of a registered plan of subdivision (Rodeo Fine Homes Inc., south side of McKelvey Drive and west of Aileen Road).
(Committee of the Whole Motion - Jan. 17, 2006)
                                                                                                    CARRIED
                                                               (Councillor J. Virgilio abstained)

 

 

CARRIED

 

 

 

9.         ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

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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