2004-8-31
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 16
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (5:43 p.m.), Regional Councillor J. Heath,
Regional Councillor J. Jones (5:40 p.m.), Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio (6:10 p.m.), Councillor G.
McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu.
(11)
Regrets
Councillor E.
Shapero, Councillor K. Usman. (2)
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Three-Stream Implementation Plan Update
(5.1)
(2) 2004 Board/Committee Appointments
(16.24)
(3) Development Charge Update (7.11)
(4) Personnel Matter (11.6)
CARRIED
The Regular
Meeting of Council was held on August 31, 2004 at 7:30 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
Moved by
Councillor G. McKelvey
Seconded by
Councillor E. Shapero
That Council
recess to complete the Development Charge Public Meeting this date.
CARRIED
Council
re-convened at the hour of 7:40 p.m.
(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, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu. (12)
Regrets
Councillor K.
Usman.
STAFF
J. Livey,
Chief Administrative Officer
J. Allen,
Chief Information Officer
J. Baird,
Commissioner of Development Services
A. Brown,
Director of Engineering
S. Chait,
Director of Economic Development
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
J. Kee,
Committee Clerk
P. Miller,
Deputy Clerk
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
V.
Shuttlworth, Director of Planning and Urban Design
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
J. Virgilio declared an interest with respect to Clause (2), Report No. 43,
2004, the Ontario Municipal Board appeal relating to 34 Alanadale Avenue by
nature of representing the potential purchaser of the property, and did not take
part in the consideration of, or vote on the question of the approval of this
matter.
Regional
Councillor J. Heath disclosed an interest with respect to Clause (7), Report
No. 44, 2004, the staff-initiated Official Plan Amendment at the north-east corner
of McCowan Road and Bullock Drive by nature of owning land nearby, and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
Regional
Councillor J. Heath disclosed an interest with respect to Clause (8), Report
No. 44, 2004 (Item No. 12 of Development Services Committee Minutes),
specifically the proposal by 1617834 Ontario Ltd. at 156 Bullock Drive, by
nature of owning property next door, 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) THREE-STREAM IMPLEMENTATION PLAN UPDATE
(5.1)
That the presentation and update by P. Loukes, Director, Operations and
Asset Management, regarding the Three-stream Implementation Plan be received.
(2) 2004 BOARD/COMMITTEE APPOINTMENTS
(16.24)
Citizen Committee to Review Council Remuneration
That Ms. Helen Murray be appointed to the Citizen Committee to Review
Council Remuneration as the York Technology Association representative.
Main Street Markham Committee
That the position of Manager, Markham Village Business Improvement Area
(BIA) be appointed as a continuing member to the Main Street Markham Committee.
Markham Village Business Improvement Area (BIA)
That the position of Manager, Markham Village Business Improvement Area
be confirmed as a member of the Markham Village Business Improvement Area.
Sign Removal By-law Committee
That the following additional persons be appointed to the Sign Removal
By-law Committee:
Bob Bird
Sandy Gove
Angie Gradini
Aileen Jean
Bill Marriot
Wing Morse
(3) DEVELOPMENT
CHARGE UPDATE (7.11)
That the presentation by the Treasurer clarifying the financial
implications of Option 4 Development Charge exemption for non-residential
properties, be received;
And that the Option 4 development charge exemption endorsed at the
public meeting on August 3 include an additional qualifying criteria that the
exemption be subject to the provision that an application for recognition of
the exemption be made on or before September 1, 2005;
And that an exemption to non- residential properties that paid lot
levies prior to November 1991 and remaining in the ownership of the original
benefiting owner (Option 4 endorsed at the public meeting on August 3rd) be
brought forward for approval to the August 31, 2004 Council Meeting.
(4) PERSONNEL MATTER (11.6)
That the information provided by the Chief Administrative Officer, the
Commissioner of Community and Fire Services and the Manager, Employee Relations
regarding a personnel matter be received.
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Heath
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- JUNE 30 & JULY 1, 2004
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Heath
That the
Minutes of the Council Meeting held on June 30 and July 1, 2004, be adopted.
CARRIED
4. DELEGATIONS
Council
consented to add Delegations (2), (3) and (4).
(1) Mr.
Ira Kagan, Kagan Shastri, Barristers & Solicitors, was in attendance on
behalf of his client, 1107656 Ontario Inc., with respect to the Official Plan
Amendment and Rezoning applications for the Leitchcroft Planning District (10.3,
10.5) (Clause (1) Report No. 44, 2004)
(2) Jane
Pepino, Q.C., Aird and Berlis, outside legal Counsel for the Town, offering
comments regarding the Ontario Municipal Board process and with respect to the
Official Plan Amendment and Rezoning applications for the Leitchcroft Planning
District (10.3, 10.5) (Clause (1) Report No. 44, 2004)
(3) Larry
Chan, representing the Markham Chinese Baptist Church, in support of the site
plan application by the Markham Chinese Baptist Church located at 9580 Woodbine
Avenue, including a parking structure as an alternative to off-site or
on-street parking. (10.6) (Report No. 44, Clause 8 Item 13)
(4) Takvor
Hopyan, Takvor Hopyan Architect, Architect for the Markham Chinese Baptist
Church, in support of the site plan application by the Markham Chinese Baptist
Church located at 9580 Woodbine Avenue, including a parking structure as an
alternative to off-site or on-street parking. (10.6) (Report No. 44, Clause 8
Item 13)
5(a) REPORT NO. 42 - DEVELOPMENT CHARGES PUBLIC
MEETING
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor S. Daurio
That Report
No. 42 - Development Charges Public Meeting be received and adopted.
August 31, 2004
(1) DEVELOPMENT
CHARGES BY-LAWS (7.11)
CARRIED
5(b) REPORT NO. 43 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council consented to separate
Clauses (2), (4) and (6).
Moved by Councillor S. Daurio
Seconded by Councillor A. Chiu
That Report No. 43 - Finance
& Administrative Committee be received and adopted.
August 30, 2004
(1) CHARMCHI
- 77 JOHN STREET - ONTARIO
MUNICIPAL BOARD - APPEAL - COMMITTEE OF
ADJUSTMENT FILE NOS. A/12/04 AND A/13/04 (10.12 & 13.13)
That
the Town Solicitor be instructed to attend the Ontario Municipal Board hearing
in support of the Committee of Adjustment's decision refusing variance
applications respecting 77 John Street, Thornhill;
And
that this recommendation be made public, subject to Council authorizing the
above.
CARRIED
(2) HEATHER
COX - 34 ALANADALE AVENUE
ONTARIO MUNICIPAL BOARD - APPEAL - COMMITTEE
OF ADJUSTMENT FILE NOS. A/12/04, A/33/04, A/34/04 (10.12 & 13.13)
That
the Town Solicitor be instructed to attend the Ontario Municipal Board hearing
in support of the Committee of Adjustment decision refusing severance and
variance applications respecting 34 Alanadale Avenue, Markham;
And
that this report be made public, subject to Council authorizing the above.
CARRIED
(Councillor J. Virgilio abstained)
(3) TOMMASO
AND ROSA SERVIDONE - 34 MCKENNON
STREET - ONTARIO MUNICIPAL BOARD - APPEAL
COMMITTEE OF ADJUSTMENT FILE NO. A/56/04 (10.12 & 13.13)
That
the Town Solicitor be instructed to attend the Ontario Municipal Board hearing
in support of the Committee of Adjustment's decision refusing a variance
application respecting 34 McKennon Street, Markham;
And
that this report be made public, subject to Council authorizing the above.
CARRIED
(4) DEVELOPMENT CHARGE UPDATE (7.11) Weblink 1
That appreciation and congratulations be extended to the following
staff members for their extraordinary effort in the preparation of the proposed
new Development Charges By-laws:
Jim Baird
Ophir Bar-Moshe
Al Brown
Barb Cribbett
Sue Lau
Joel Lustig
Jennifer Nelson
Andy Taylor
Tim Lambe
And that the
presentation by the Treasurer clarifying the financial implications of Option 4
Development Charges exemption for Non-residential properties, be received;
And
that the report and presentation to the
August 30, 2004 Finance and Administrative Committee on the
"Development Charge Update" be received;
And
that the summary responses to the comments from the public and the development
community be received for information;
And
that the policy exempting Non-residential additions and expansions from
Town-Wide Hard and Area Specific development charges for properties that paid
lot levies prior to 1991 be continued;
And
that a policy exempting additions or expansions for business office up to 50%
of the original floor space, similar to the mandatory industrial exemption, be
approved;
And
that the Option 4 development charge exemption endorsed at the public meeting
on August 3, 2004 include an additional qualifying criteria that the exemption
be subject to the provision that an application for recognition of the
exemption be made on or before September 1, 2005;
And
that the residential Town-Wide Hard development charges for Apartment Units - 2
or More Bedrooms - be reduced to $1,516 and subsequently indexed in accordance
with the Development Charges Act, 1997;
And
that the revised Town-Wide Soft, Town Wide Hard and Area Specific development
charges, as amended, be brought forward for approval to the August 31, 2004
Council Meeting;
And
that an exemption to Non-
residential properties that paid lot levies prior to November 1991 and
remaining in the ownership of the original benefiting owner (Option 4 endorsed
at the public meeting on August 3rd) be included;
And
that the public be advised of the proposed amendments to the Town-Wide Soft,
Town-Wide Hard and Area Specific Development Charges By-laws at the second
Public Meeting on August 31, 2004;
And
that no further public meeting, after August 31, 2004, is required under
Section 12 of the Development Charges Act,
1997;
And
that Council approve the development charge background study prepared by Hemson
Consulting Ltd. dated July 2004, as amended, subject to these recommendations;
And
that it is the intent of Council to meet the increased need for services
resulting from the anticipated development through the implementation of the
amended capital program;
And
that Council recognizes that there are operating costs associated with the
implementation of the capital program;
And
that the Town of Markham Development Charges By-laws, as amended, be brought
forward to the August 31, 2004 Council Meeting for adoption by Council;
And
that the report titled "Development Charge - Final Consultation" be
received;
And
that the Town-Wide Hard Special Projects (Streetscaping) Capital Program be
reduced by $1,000,000;
And
that the $1,000,000 reduction in the Town-Wide Hard Special Projects be used to
reduce the Town-Wide Hard Non-residential charge, amending the per hectare
charge from $64,770 to $63,580;
And that the Town of Markham recommends that the Province of Ontario
immediately start a consultative process with the municipal sector to make
needed revisions to the Development Charges
Act, 1997;
And that consideration be given to revising the Development Charges Act 1997 to allow
hospitals to resume collecting development charges to finance growth related
costs;
And that consideration be given to revising the Development Charges Act 1997 to allow a
service level standard equivalent to the highest year of the previous
ten (10) year period, rather than the average of the previous ten (10)
years;
And that consideration be given to revising the Development Charges Act 1997 to eliminate
or reduce the 10% mandatory discount on growth related soft services, such as
community centres, libraries and parks;
And that consideration be given to revising the Development Charges Act 1997 to include
cultural or entertainment facilities, including museums, theatres and art
galleries;
And that consideration be given to revising the Development Charges Act 1997 to allow more
flexibility in allocating costs to differing types of development;
And that consideration be given to revising the Development Charges Act 1997 to allow
municipalities to recover development charge revenue lost when exempt
properties (e.g. Crown corporations, schools etc) purchase and develop on land
otherwise subject to development charges;
And that the principal of “Growth pays for growth” be more clearly
reflected in the methodology allowed in the Development Charges Act.
(By-laws
2004-222 to 2004-249)
CARRIED AS AMENDED
(See following motions to amend)
(See following recorded vote) (12:0)
(See following motion to amend which was
lost) (4:8)
YEAS: 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)
ABSENT: Councillor
K. Usman. (1)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor J. Heath
That Clause (4), Report No. 43, 2004 be amended to add the following as
paragraphs 1 and 2:
"That appreciation and
congratulations be extended to the following staff members for their
extraordinary effort in the preparation of the proposed new Development Charge
By-laws:
Jim Baird
Ophir Bar-Moshe
Al Brown
Barb Cribbett
Sue Lau
Joel Lustig
Jennifer Nelson
Andy Taylor
Tim Lambe
And that the presentation by the Treasurer
clarifying the financial implications of Option 4 Development Charges exemption
for Non-residential properties, be received;"
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor S. Daurio
That Clause (4), Report No. 43, 2004 be
amended as follows:
Paragraph 3
Add the words "…to the August 30, 2004 Finance and Administrative Committee…" after
the words "…report and presentation…"
Paragraph 7
Delete the words "... be deferred and
referred to the August 31, 2004 meeting of Committee of the Whole for
additional information" from the end of the paragraph.
Paragraph 10
Add the word "…included" at the end
of the paragraph and delete the words "…be brought forward for approval to the August 31, 2004 Council Meeting be
deferred and referred to the August 31, 2004 meeting of Committee of the
Whole".
CARRIED
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Jones
That Clause (4), Report No. 43, 2004 be
amended to add the following:
"And that the Town of Markham recommends that the Province of
Ontario immediately start a consultative process with the municipal sector to
make needed revisions to the Development
Charges Act, 1997;
And that consideration be given
to revising the Development Charges Act 1997
to allow hospitals to resume collecting development charges to finance growth
related costs;
And that consideration be given
to revising the Development Charges Act 1997
to allow a service level standard equivalent to the highest year of the
previous ten (10) year period, rather than the average of the previous
ten (10) years;
And that consideration be given
to revising the Development Charges Act 1997
to eliminate or reduce the 10% mandatory discount on growth related soft
services, such as community centres, libraries and parks;
And that consideration be given
to revising the Development Charges Act 1997
to include cultural or entertainment facilities, including museums, theatres
and art galleries;
And that consideration be given
to revising the Development Charges Act 1997
to allow more flexibility in allocating costs to differing types of
development;
And that consideration be given
to revising the Development Charges Act 1997
to allow municipalities to recover development charge revenue lost when exempt
properties (e.g. Crown corporations, schools etc) purchase and develop on land
otherwise subject to development charges;
And that the principal of “Growth
pays for growth” be more clearly reflected in the methodology allowed in the
Development Charges Act."
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor B. O'Donnell
That Clause (4), Report No. 43, 2004 be
amended to add the following paragraph:
"And that the Town-Wide Hard and Soft
Development Charges By-law include a provision that office and industrial
development already designated and zoned and for which complete site plan and
building permit applications have been made on or before August 31, 2004 shall
pay development charges at the August 31, 2004 rate provided the building
permit is issued by August 31, 2005 and provided no changes have been made to
the applications after August 31, 2004 to increase the density."
LOST
(See
following recorded vote) (4:8)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor J. Virgilio. (4)
NAYS: Regional
Councillor J. Heath, Regional Councillor J. Jones, Councillor S. Daurio,
Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor A. Chiu. (8)
ABSENT: Councillor
K. Usman. (1)
(5) APPOINTMENT
OF MEMBERS TO THE MAYOR'S YOUTH
TASK FORCE FOR THE PERIOD
SEPTEMBER 1, 2004
TO JUNE 30, 2005 (16.24) Weblink
That the
following appointments to the Mayor’s Youth Task Force be confirmed for the
term September 1, 2004, to June 30, 2005:
LEGEND: R - Returning
Markham Grade
R Michelle Ramcharran High School 9
R Shaun Zafar High School 12
Mathew Biskup High
School 9
Jesse Colautti Elementary
School 8
Ashley Haick Elementary
School 8
Lukshmi Jayakumar Elementary
School 8
Unionville
R Taha Bandukwala High School 12
R Kristen Coutts High School 12
R Zain Naqi High School 12
Mona Ahmad High
School 12
David Wang High
School 9
Timothy Galang Elementary
School 8
Milliken
R Nicky Sidhu High School 12
Shanky Dewett High
School 12
Aditi Marisetti High School 10
Sarah Singh High
School 12
Thornhill
R Sanam Nader High School 12
R Ben Bigio High School 10
R Sarah Bleiwas High School 12
R Tcheka Nedamat High School 12
Elliot Gordon High
School 12
Henry Ngan High
School 12
Mitch Reiss High
School 11
CARRIED
(6) SUPPLY
AND DELIVERY OF GASOLINE AND DIESEL FUEL
(ITEM 3 PART A B20 BIO-DIESEL
FUEL) (7.12.1) Weblink
That
the report entitled, "Supply and Delivery of Gasoline and Diesel Fuel
(Item 3 Part A B20 Bio-Diesel Fuel)" be received;
And
that Item 3 Part A (Supply & Delivery of B20 Bio-diesel Fuel) tender
228-T-03, Supply and Delivery of Gasoline and Diesel Fuel, York Region Buyers
Co-operative CT-03-11 be awarded to the lowest acceptable bidder, Bio-Diesel
Canada Inc.;
And
that the term of the contract shall be for one (1) year commencing May 1, 2004
with an option to renew for two additional one year periods subject to
satisfactory performance and approval of the Region of York and the
participating members of the Co-op;
And
that the Director of Operations and Asset Management and the Director of
Financial & Client Services be authorized to extend the contract for an additional
two one year terms at a unit price to be mutually agreed upon with the vendor
and York Region;
And
further that funds are provided for within the Operations Department's
Operating Account 750 752 4307 (Bio Diesel) in the amount of $15,000 inclusive
of all taxes.
CARRIED
(7) PERMIT
PARKING - INVERLOCHY BOULEVARD (2.17) Weblink
That
the monthly administration fee, to be payable to the Cooperative Homes Inc.
Thornhill Green for the issuance of parking permits on Inverlochy Boulevard, be
set at $20 per permit;
And
that staff be delegated the authority to negotiate and set parking
administrative fees with third parties;
And further that staff be requested to
prepare a report for the next Transportation Committee on on-street and
overnight parking in new subdivisions; such report to include an update on the
current status and criteria to be considered.
(8) GEL
DON INVESTMENTS - LAND ACQUISITION FOR
TENBURY TURNING CIRCLE AND
PART LOT CONTROL
EXEMPTION BY-LAW - BLOCKS 78
AND 82 AND PART OF
BLOCKS 79, 80 AND 81,
REGISTERED PLAN 65M-2497(8.6 & 10.0)
Weblink
That
Council authorize the enactment of a part lot control exemption by-law for all
of Block 78 and 82 and part of Blocks 79, 80 and 81 on Registered Plan
65M-2497;
And
that Council authorize the acquisition of land for a portion of the terminus of
Tenbury Drive, legally described as part of Block 82 on Registered Plan
65M-2497, designated as Parts 15 and 17 on a reference plan to be registered,
for nominal consideration. Acquisition
will be subject to an environmental clearance, to the satisfaction of the
Director of Engineering and in a form satisfactory to the Town Solicitor;
And
that adoption of the part lot control exemption by-law shall be conditional
upon conveyance of the required portion of the Tenbury Drive Circle to the
Town, to the satisfaction of the Town Solicitor.
(9) PURCHASE
OF SPONSORSHIPS - "CASABLANCA"
YORK CENTRAL HOSPITAL
FOUNDATION
NOVEMBER 5, 2004 (12.2.6) Weblink
That Council purchase a bronze sponsorship in the amount of $3,000 for
the York Central Hospital Foundation for "Casablanca" Gala on
November 5, 2004 at LeParc, Markham;
And that such funds be charged to the Corporate Contingency Account.
(10) PURCHASE
OF SPONSORSHIPS - "REMEMBER WHEN"
2004 CALENDAR AND CASINO NIGHT
- LEPARC
FRIDAY, OCTOBER 15, 2004
(12.2.6) Weblink
That Council purchase a Calendar Platinum
Sponsorship in the amount of $5,000 for the Brick by Brick Union Villa
Fundraising Campaign in support of "Remember When" 2004 Calendar and
Casino Night.
And that such funds be charged to the Corporate Contingency Account.
(11) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – AUGUST 30,
2004 (16.0)
CARRIED
5(c) REPORT NO. 44 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1),
(7) and (8).
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Report No. 44 - Development Services
Committee be received and adopted.
August 30, 2004
(1) DRAFT OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENTS
TO IMPLEMENT COUNCIL'S RESOLUTION OF JUNE 30, 2004,
RELATED TO THE PARTIAL APPROVAL OF OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENT APPLICATIONS
WITHIN REGISTERED PLAN 65M-3226 (LEITCHCROFT PLANNING DISTRICT) (OP 03 116476, ZA 03 116428)(10.3, 10.5) Weblink
That
the correspondence from Ira Kagan of Kagan Shastri, representing 1107656
Ontario Inc., with comments on the draft Official Plan and Zoning By-law
Amendments, Files OP 03 116476, ZA 03 116428, be received;
And
that the deputations by Stephen
Diamond of McCarthy Tetrault, to
Development Services Committee on August 30, 2004 and Ira Kagan, Kagan Shastri,
to Council on August 31, 2004 representing 1107656 Ontario Inc., be
received;
And that the August 30, 2004 staff report be
received;
And that outside Legal
Counsel, in consultation with the Town
Solicitor and the Commissioner of Development Services, be instructed to
proceed to the Ontario Municipal Board
as instructed this date to implement the settlement agreed to by the applicant
in accordance with the June 30, 2004 resolution of Council;
And that it be noted that Mr. Ira Kagan,
representing the applicant, acknowledges and accepts the terms of the June 30,
2004 Council resolution.
CARRIED AS AMENDED
(2/3 vote required and obtained)
(See following recorded vote) (8:4)
(See following motion to amend) (10:2)
(See following motions which were withdrawn)
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That the matter of the Official Plan Amendment
and Rezoning applications for the Leitchcroft Planning District submitted by
1107656 Ontario Inc. be reconsidered.
CARRIED
(See following recorded vote) (
8:4)
YEAS: Mayor
D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell, Councillor
S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J.
Webster, Councillor D. Horchik. (8)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero,
Councillor A. Chiu. (4)
ABSENT: Councillor
K. Usman. (1)
The Chair
advised that the matter of the Official Plan Amendment and Rezoning
applications for the Leitchcroft Planning District submitted by 1107656 Ontario
Inc. would be reconsidered.
The decision
of the Chair was challenged and was upheld.
Moved by
Councillor G. McKelvey
Seconded by
Councillor D. Horchik
That the
ruling of the Chair be sustained.
CARRIED
(See following recorded vote) (8:4)
YEAS: Mayor
D. Cousens, Regional Councillor J. Heath, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik. (8)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor E. Shapero,
Councillor A. Chiu. (4)
ABSENT: Councillor
K. Usman. (1)
Moved by Regional Councillor J. Jones
Seconded by Councillor E. Shapero
That Report No. 44, Clause (1) be amended to delete paragraphs 2, 3 and
4 in their entirety and the following be
added:
"And that the deputations by Stephen Diamond of McCarthy Tetrault,
to Development Services Committee on
August 30, 2004 and Ira Kagan, Kagan Shastri, to Council on August 31, 2004 representing
1107656 Ontario Inc., be received;
And that the August 30, 2004
staff report be received;
And that outside Legal Counsel, in
consultation with the Town Solicitor and the Commissioner of Development
Services, be instructed to proceed
to the Ontario Municipal Board as instructed this date to implement the
settlement agreed to by the applicant in accordance with the June 30, 2004
resolution of Council;
And that it
be noted that Mr. Ira Kagan, representing the applicant, acknowledges and
accepts the terms of the June 30, 2004 Council resolution."
CARRIED
(See
following recorded vote) (10:2)
YEAS: 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. Webster, Councillor D. Horchik, Councillor
A. Chiu. (10)
NAYS: Councillor
J. Virgilio, Councillor G. McKelvey. (2)
ABSENT: Councillor
K. Usman. (1)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
That
consideration of the matter of the Official Plan Amendment and Rezoning
applications for the Leitchcroft Planning District submitted by 1107656 Ontario
Inc. be deferred and referred to the September 14, 2004 Council meeting;
And that
notice that this matter will be reconsidered at the September 14, 2004 Council
meeting be advertised in the Thornhill Liberal and mailed to all those who
requested notification.
WITHDRAWN
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor J. Jones
That Council
recess in-camera at the hour of 9:25 p.m. to receive legal advice.
CARRIED
Council reconvened at the hour of 10:05
p.m.
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That the applicant/appellant consent to request the Ontario Municipal
Board to adjourn the upcoming Ontario Municipal Board Hearing sine die and new
dates be arranged in consultation with the applicant/appellant following the
September 14, 2004 Council meeting.
WITHDRAWN
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor J. Jones
That consideration of the proposed Official Plan Amendment and Zoning
By-law Amendment applications for the Leitchcroft Planning District submitted
by 1107656 Ontario Inc. be deferred to later in the meeting this date to
provide Mr. Kagan time to consult with his client.
CARRIED
(2) COMMENTS
ON THE PROVINCIAL GROWTH PLAN FOR
THE GREATER GOLDEN HORSESHOE
DISCUSSION PAPER (10.0) Weblink 1
That the staff presentation be received, and
appreciation be expressed to staff for the work involved in this review;
And that the
staff report entitled “Comments on the Provincial Growth Plan for the Greater Golden
Horseshoe Discussion Paper”, dated August 30, 2004, be received for
information;
And that
Council endorse the general direction of the July 2004 Provincial Growth Plan
for the Greater Golden Horseshoe Discussion Paper entitled “Places to Grow –
Better Choices. Brighter Future,” and support, in principle, the components of
the Growth Plan as outlined and commented on in this report;
And that Council convey its appreciation to the Minister of Public
Infrastructure Renewal and the staff of the Smart Growth Secretariat for their
leadership and commitment to bringing forward a comprehensive discussion paper
on a long-term provincial plan to guide municipalities managing growth in the
Greater Golden Horseshoe;
And that Council request the provincial government to finalize a Growth
Plan and implementation framework for the Greater Golden Horseshoe, addressing
Markham’s expectations as outlined in this report, including among things:
·
provincial planning reforms to assist
municipalities in:
- directing urban growth and accommodating intensification and
compact development forms, mixed use development and future growth;
- streamlining
the Environmental Assessment process for priority municipal infrastructure and
transit projects;
- providing effective authority and tools to implement protection
of a linked natural heritage system;
- directing development away from sensitive areas as identified
in the draft Safe Drinking Water Source Protect Act legislation; and
- defining
unique agricultural lands and implement their long term protection;
·
provincial incentives directed to:
- focus provincial transit investment and investment in
infrastructure by designating Markham as a priority urban area with an
established regional employment and residential growth corridor (Highway 7),
having infrastructure capacity to absorb future growth, and a new regional
centre (Markham Centre) to target future growth in the form of compact urban
development;
- provide a balanced approach to strategic investment in
infrastructure in priority and emerging urban centres such as Markham;
- facilitate intensification within the urban settlement area on
existing services;
- provide legislation to permit Tax Increment Financing and other
fiscal tools to attract more intensive mixed use development in key development
areas;
- allow changes to the Development Charges Act to support higher
density development in centres and corridors and ensure the full cost of
providing hard and soft infrastructure is attributed to new development, including
planned service levels for public
transit; and
- promote affordable housing opportunities by introducing land
transfer tax rebates;
·
a strategic approach to urban boundary
expansions that encourages and supports those municipalities with well established
infrastructure that have been identified in the provincial plan as “future
urban growth areas” and appropriately assessed for their ability to accommodate
additional growth over time;
·
establishing an accountable coordinating body
for cross jurisdictional infrastructure planning and investment at the regional
level;
·
considering current planning efforts for, and
the stakeholder implications of, the Pickering Airport;
·
introducing revised Safe Water Source Protection
Act legislation with detailed implementation requirements;
·
acting on the recommendations of Markham Council
respecting the proposed Greenbelt Protection Plan and the Eastern Markham
Strategic Review; and
·
finalizing an implementation framework with
status through legislation that would assist municipalities such as Markham in
the implementation of growth management initiatives;
And that Council request the provincial government to bring forward
concurrently for consultation with stakeholders and municipalities, the
provincial government’s definitive approach to planning reforms and greenbelt
protection within the context of a final Growth Plan for the Greater Golden
Horseshoe;
And that
Council submit this report to the Province as the Town of Markham comments on
Growth Plan discussion paper and Environmental Bill of Rights Registry No.
XA04E0011;
And that the Clerk be requested to forward a copy of this report to the
Minister of Public Infrastructure Renewal, the Assistant Deputy Minister for
the Smart Growth Secretariat, the Minister of Municipal Affairs and Housing,
the Chair of the Greenbelt Task Force, the Minister of Agriculture and Food,
the Chair of the Agricultural Advisory Team, the Minister of Environment, the
Minister of Transportation, the York Rapid Transit Plan, York Region MPPs and
the Region of York.
(3) COMMENTS ON THE PROVINCIAL PLANNING REFORM
INITIATIVES DISCUSSION PAPERS ON:
1) PLANNING ACT REFORM AND
IMPLEMENTATION TOOLS
2) PROVINCIAL POLICY STATEMENT: DRAFT POLICIES
3) ONTARIO MUNICIPAL BOARD REFORM (10.0)
Weblink
That
the staff presentation be received, and appreciation be expressed to staff for
the work involved in this review;
And that the staff report entitled “Comments on the
Provincial Planning Reforms Discussion Papers”, dated August 30, 2004, be
received for information;
And that Council receive the June 2004 Provincial
Planning Reform Initiatives discussion papers on Planning Act Reform and
Implementation Tools, a Provincial Policy Statement, and Ontario Municipal
Board Reform, and request the provincial government to finalize the provincial
planning reform initiatives, addressing Markham’s comments as outlined in this
report, including among other things:
1.
Amending the Planning Act to:
a) require a proponent to submit a “complete application”, as defined
in a municipal official plan before the timelines for an appeal to the OMB
commence;
b) allow municipalities to bring a motion for dismissal of an appeal to
the OMB on the basis that a “complete application” has not been provided;
c) introduce new provisions under Section 41 to provide municipalities
with greater control to direct community built form and urban design, where a
municipality has prescribed urban design standards articulated through its
official plan;
d) eliminate the expedited route to OMB, by means of Notice of Motion
for direction to the OMB introduced by Bill 124, to resolve disputes about
whether certain matters can be dealt with by municipalities under Section 41
site plan approval;
e) introduce new provisions under Section 41 and 51 to require, as a
condition of approval of a plan of subdivision or site plan, conveyance, into
public ownership, of valleylands and woodlots and associated ecological lands,
where a municipality has identified such lands a part of a linked natural
heritage system through its official plan, at no expense to a municipality or
conservation authority;
f)
introduce new
criterion under Section 51(24) to strengthen a municipality’s capability to
conserve cultural heritage resources and provide for their incorporation in
developing communities;
g) harmonize the Planning Act and Environmental Assessment Act
processes;
h) allow a municipality’s planning decision to expand its urban
settlement area boundary, made prior to the introduction of Bill 26, to stand:
- where a municipality has
completed a comprehensive review, held a statutory meeting on a specified date,
and made a final planning decision, with the full knowledge of the delegated
approval authority, and with no objection for the delegated approval authority;
and
- that the delegated approval
authority be allowed to make a decision on the application, based on a
comprehensive review in accordance with the provisions of the Planning Act and
the Provincial Policy Statement in force at the time of the municipality’s
planning decision approval;
i)
amend Section 28
to expand the definition of Community Improvement Plan to allow for a broader
range of urban-intensification and to permit upper-tier municipalities to
prepare Community Improvement Plans to implement compact development forms and
transit supportive development in regional centres and corridors;
j)
amend the
Development Permit System regulation under Section 70.2 to allow all
municipalities to develop and use development permit system by-laws; and
k) develop guidelines, in consultation with municipalities, to support
municipalities implementing intensification and compact development;
2. Revising the Draft Provincial Policy
Statement to:
a) promote strategic policies for
accommodating future urban growth rather than procedures that place
well-planned urban growth at odds with the loss of agricultural land;
b) provide for urban settlement boundary
alterations concurrent with, and not contingent on fully utilizing,
opportunities to intensify and redevelop existing urban settlement areas;
c) ensure
that policy to maintain, rather than reduce, the supply of employment lands in
a municipality takes precedence over policies that support the provision of
housing in cases where the supply of employment land in a municipality is
inadequate to meet projected need;
d) develop
guidelines for affordable housing that more clearly articulate provincial
expectations of affordable housing targets, and that are flexible to
accommodate local circumstances (including regional market conditions and
household income distribution), to support municipal efforts to provide diverse
forms and tenure of housing;
e)
provide a clearer definition of “special needs”
housing;
f)
encourage more options for affordable housing
that effectively use existing infrastructure, such as second suites in houses;
g)
identify an accountable coordinating body for
cross jurisdictional planning and investment at the Greater Toronto Area level;
h)
provide a provincial environmental policy framework that would specifically
support protection of natural heritage system features and functions, including
hydrologic features and functions;
i)
establish an overall guiding principle of “net environmental
gain” to permit development and site alteration on land adjacent to natural
features and areas rather than “no negative impact”;
j)
update the provincial guidelines addressing
compatibility of uses with a natural heritage system;
k)
provide more explicit standards for development
setbacks from natural features;
l)
prohibit new or expanded agricultural operations on
natural heritage system lands;
m)
provide a provincial agricultural policy framework
that will provide municipalities with criteria to assess the productive
capability of agricultural lands and the economic viability of the agricultural
activities within the context of evaluating lands to accommodate future urban
growth;
n)
encourage and support those municipalities that
have been appropriately assessed for settlement area boundary alterations;
o)
link strategic
provincial planning priorities for growth management with strategic provincial
priorities for investment in infrastructure;
p) provide a balanced policy approach to the supply of employment and
residential lands;
q) assist municipalities in establishing a minimum target for
employment lands supply;
r) ensure that municipalities provide a supply of employment lands that
is maintained and market ready; and
s) broaden the definition of “alternative energy systems” to reinforce
conservation of energy resources;
3. Introducing Ontario Municipal Board Reforms
to:
a) further restrict the powers of the OMB to only
review local decisions based on a prescribed standard of review and/or failure
of process or in matters that involve a clear provincial interest;
b)
place the onus of demonstrating an error or impropriety of decision-making or failure of process on
the appellant;
c)eliminate the notice of motion to appeal mechanism to the OMB for
site plan control approval (introduced by Bill 124);
d)
investigate an
alternative to the OMB review of Committee of Adjustment decisions;
e)ensure a public process of
appointments to the OMB including the review and recommendation of appointees
to the provincial government by a non-partisan committee; and
f)
increase the length of term of OMB members to
5-6 years with the requirement of a performance review on an annual basis;
And that
Council request the provincial government to review the current scope of the
Environmental Assessment Act particularly as it relates to minor infrastructure
improvements at the local municipal level (e.g. traffic calming measures);
And that Council request the provincial government to
bring forward concurrently for consultation with stakeholders and municipalities,
the provincial government’s definitive approach to planning reforms and
greenbelt protection within the context of a final Growth Plan for the Greater
Golden Horseshoe;
And that Council submit this report to the Province as
the Town of Markham’s comments on the Planning Reform Initiatives discussion
papers and Environmental Bill of Rights Registry No. PF04E0003;
And that Council authorize the Director of Planning and
Urban Design to submit this report with supporting comments to the Chair of the
provincial Agricultural Advisory Team;
And that the Clerk be directed to forward a copy of
this report to the Minister of Municipal Affairs and Housing, the Minister of
Infrastructure Renewal, the Assistant Deputy Minister for the Smart Growth
Secretariat, the Chair of the Greenbelt Task Force, York Region MPPs and the
Region of York.
(4) INTERSECTION
OF BUR OAK AVENUE AND
ALFRED PATTERSON DRIVE (5.10)
That
the staff memorandum, dated August 26, 2004, be received;
And
that a 4-way stop be approved at the intersection of Bur Oak Avenue and Alfred
Patterson Drive;
And
that the stop sign be installed prior to September 7, 2004.
(By-law 2004-250)
(5) WYKLAND ESTATES INC. (MATTAMY HOMES)
APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT
ADDITIONAL COMMERCIAL USES ALONG BUR OAK AVENUE, SOUTH
OF 16TH AVENUE IN THE CORNELL COMMUNITY (ZA 04 014002) (10.5)
That the deputation by Dan Leeming of The Planning Partnership,
representing the applicant, Wykland Estates Inc. (Mattamy Homes) be received;
And that the Development Services Commission report dated June 28, 2004,
entitled "Preliminary Report - Wykland Estates Inc., Draft approved plan
of subdivision 19TM-030003, Application for zoning bylaw amendment to permit
additional commercial uses along Bur Oak Avenue south of 16th Avenue
in the Cornell Community ZA 04 014002" be received;
And that the Record of the Public Meeting held on August 30, 2004 with
respect to the proposed amendment to By-law 177-96 be received;
And that the
application by Wykland Estates Inc. to amend By-law 177-96, as amended, be
approved;
And that the
proposed amendment to By-law 177-96, as amended, be enacted without further
notice.
(6) CORNELL ROUGE DEVELOPMENT CORPORATION
DRAFT APPROVED PLAN OF SUBDIVISION 19TM-030006
ZONING BY-LAW AMENDMENT TO REDUCE THE MINIMUM
FRONT YARD SETBACK FOR TOWNHOUSES
(ZA 04 016729) (10.5)
That the deputation by Niomie Massey, representing the applicant, Cornell
Rouge Development Corporation, be received;
And that the Development Services Commission report dated June 15, 2004,
entitled "Preliminary Report - Cornell Rouge Development Corporation,
draft approved plan of subdivision 19TM-03006, Application for zoning by-law
amendment to reduce the minimum front yard setback for townhouses ZA 04 016729"
be received;
And that the Record of the Public Meeting held on August 30, 2004 with
respect to the proposed amendment to By-law 177-96 be received;
And that the
application by Cornell
Rouge Development Corporation, to amend
By-law 177-96, as amended, be approved;
And that the
proposed amendment to By-law 177-96, as amended, be enacted without further
notice.
CARRIED
(7) STAFF-INITIATED
AMENDMENT TO THE OFFICIAL PLAN
TO REDESIGNATE THE LANDS AT THE NORTH-EAST CORNER
OF MCCOWAN ROAD AND
BULLOCK DRIVE, FROM “BUSINESS CORRIDOR AREA” TO “MAJOR COMMERCIAL AREA”
(OPA 04 017774) (10.3)
That the written submission from Steven Zakem of Aird and Berlis,
representing Loblaw Properties Limited, with concerns regarding the
staff-initiated Official Plan Amendment, File OPA 04 017774, to redesignate the lands at the north-east
corner of McCowan Road and Bullock Drive from "Business Corridor
Area" to "Major Commercial Area", be received;
And that the report from the Development Services Commission dated June
28, 2004, entitled "Staff-initiated amendment to the Official Plan to
redesignate the lands at the north-east corner of McCowan Road and Bullock
Drive from "Business Corridor Area" to "Major Commercial
Area", be received;
And that the Record of the Public Meeting held on August 30, 2004 with
respect to a proposed Official Plan amendment to redesignate the lands at the
north-east corner of McCowan Road and Bullock Drive from "Business
Corridor Area" to "Major Commercial Area", (OPA 04-017774), be
received;
And that the
application by The Corporation of the Town of Markham to amend the Town's
Official Plan, be approved;
And that the
proposed amendment to the Town's Official Plan be enacted without further
notice.
CARRIED
(Regional Councillor J. Heath abstained)
(8) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – AUGUST 30,
2004 (16.0)
CARRIED
(Regional Councillor J. Heath abstained -
Item No. 12)
CARRIED
6. MOTIONS
Council
consented to add Motions (1), (2) and (3).
(1) MARKHAM
CHINESE BAPTIST CHURCH
SITE PLAN APPLICATION (10.6)
Moved by Councillor D. Horchik
Seconded by Deputy Mayor F. Scarpitti
That the deputations of Larry Chan, representing the Markham Chinese
Baptist Church, and Takvor Hopyan, Takvor Hopyan Architect, Architect for the
Church, in support of the site plan application by the Markham Chinese Baptist
Church located at 9580 Woodbine Avenue including a parking structure as an
aternative to off-sitre or on-street parking be received. (Report No. 44, Clause 8 Item 13)
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) MOTION
TO CONTINUE COUNCIL
MEETING PAST TWELVE MIDNIGHT
(16.23)
Moved by Deputy
Mayor F. Scarpitti
Seconded by
Councillor J. Virgilio
That approval
be granted to continue the Council meeting of August 31, 2004 past the hour of
twelve midnight, if required.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) DRAFT OFFICIAL
PLAN AND ZONING BY-LAW AMENDMENTS
TO IMPLEMENT COUNCIL'S RESOLUTION OF JUNE 30, 2004,
RELATED TO THE PARTIAL APPROVAL OF OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENT APPLICATIONS
WITHIN REGISTERED PLAN 65M-3226 (LEITCHCROFT PLANNING DISTRICT) (OP 03 116476,
ZA 03 116428)(10.3, 10.5)
Moved by
Regional Councillor J. Heath
Seconded by
Councillor J. Virgilio
That the legal
advice provided in-camera, be received.
CARRIED
(2/3 vote to consider was
required and obtained)
7. COMMUNICATIONS
Council consented
to separate Communication 115-2004.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council
receive and consent to the disposition of communications in the following
manner:
Received
100-2004 Association
of Municipalities of Ontario (AMO) - Forwarding information on the signing of
an agreement committing the provincial government to consult with AMO when
negotiations with the federal government directly affect municipalities
(13.12.2)
101-2004 Association
of Municipalities of Ontario (AMO) - Forwarding information on a new Protocol
setting out how the province will consult with AMO on the province's
discussions with the federal government. (13.12.2)
102-2004 Ministry
of Municipal Affairs and Housing - Forwarding release of the province's rent
increase guideline for 2005 of 1.5 per cent. (13.2.5)
Referred to all Members of Council
103-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Bee-Won Inc, 7353 Yonge Street (indoor). (3.21)
104-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Cholon Vietnamese Restaurant, 3235 Highway 7
East, Units 23, 25 & 26 (indoor). (3.21)
105-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information for a Retail Store Authorization for Wine Rack at 5000
Highway 7 (inside Wal-Mart). (3.21)
106-2004 Markham Village
BIA. – Forwarding a request for approval to temporarily extend the operating
area of The Fox & Fiddle, Folco's Restaurant and Red Hot Bistro during the
Olden Days & Antique Cars Festival being held on September 12, 2004 from
10:00 a.m. to 4:00 p.m. to facilitate the temporary extension of liquor licenses
by the Alcohol and Gaming Commission of Ontario. (3.21)
107-2004 Unionville
BIA - Forwarding a request to close the following roads to facilitate the
Unionville Heritage and Big Band Festival being held at Main Street Unionville
on September 18, 2004 from 8:00 a.m. to 6:00 p.m.:
- Main Street Unionville diagonally to
Main Street Unionville Lane
- Main Street Unionville north from Main
Street Unionville Lane to Carlton Road
- Fred Varley Drive just east of EJ
Lennox Way. (3.5)
(By-law 2004-207)
108-2004 Unionville
BIA - Forwarding a request to close the following roads to facilitate the
Unionville Oktoberfest being held at Main Street Unionville on October 11, 2004
from 8:00 a.m. to 4:00 p.m.:
- Main Street Unionville diagonally to
Main Street Unionville Lane
- Main Street Unionville north from Main
Street Unionville Lane to Carlton Road
- Fred Varley Drive just east of EJ
Lennox Way. (3.5)
(By-law 2004-208)
109-2004 Markham
BIA - Forwarding a request to close the following roads to facilitate the Olden
Days & Antique Cars being held at Main Street Markham on September 12, 2004
from 8:00 a.m. to 5:00 p.m.:
- Main Street Markham north from Highway
7 to South of Parkway Avenue
- Access east from Main Street Markham
is closed to Centre Street & Robinson Street
- Access west from Main Street Markham
is closed to Thompson Court, Dublin Street & Robinson Street. (3.5)
(By-law 2004-209)
110-2004 The
Society for the Preservation of Historic Thornhill - Forwarding a request to
close the following streets and for other requirements for the Thornhill
Village Festival and Parade being held on Saturday, September 18, 2004, as
follows:
Road Closure
a) Between the hours of 9:00 a.m. and 4:30 p.m.:
- Church Lane from John Street to beyond
Colborne Street
- Colborne Street from Yonge Street to
Church Lane
- Eliza Street
- Thornhill Summit Drive
b) Between the hours of 8:00 a.m. and 9:30 a.m. - to create a one-way traffic
system for the stallholders' vehicles during set-up:
- Colborne Street and Eliza Street and
Church Lane
c) Between the hours of 11:30 a.m. and 2:00 p.m.:
- John Street from Yonge Street to
Henderson Avenue
- Confederation Way at John Street
- Marie Court at John Street
- Paul Street at John Street
- Sumner Lane at John Street
- Leahill Drive at John Street
- Deanbank Drive at John Street
Other Requirements
a) Mobile food vendors not be permitted to do business (unless authorized by
the festival) on September 18, 2004 between the hours of 9:30 a.m. and 5:30
p.m. on the following streets:
- Church Lane from John Street to beyond
Colborne Street;
- Colborne Street from Yonge Street to
Church Lane;
- Eliza Street
- Yonge Street between John Street and
200 metres north of Thornhill Summit Drive;
- Thornhill Summit Drive
b) Parking prohibition on both sides of Thornhill Summit Drive from 8:00 a.m.
to 5:30 p.m. on September 18, 2004.
c) Parking to be permitted on various streets adjacent to the festival area
from 8:00 a.m. to 6:00 p.m. on September 18, 2004.
d) Closure signs and barricades at the following intersections:
- Church Lane at John Street
- Colborne Street at Yonge Street
- Elgin Street at Yonge Street
- John Street and Yonge Street
- John Street at Marie Court
- Thornhill Summit Drive at Yonge Street
- John Street at Henderson Avenue and at
Bayview Avenue indicating the limited access to Yonge Street
e) Other signs at several locations in Thornhill to be permitted prior to the
festival date to alert local residents of the road closures and restrictions.
(3.5.3)
(By-law 2004-210)
111-2004 Ministry
of Municipal Affairs and Housing - Forwarding newly released "A Guide to
Service Delivery Review for Municipal Managers" and Making Choices: A
Guide to Service Delivery Review for Municipal Councillors and Senior Staff"
(both publications available for viewing in Clerk's Department) (13.2.5)
Referred to Town Clerk
112-2004 Fair
Air Association of Canada - Forwarding a study by Stantec Environmental
Consulting Ltd. regarding the effectiveness of Designated Smoking Rooms. (2.13)
113-2004 Markham
Residents Pet Care Association - Forwarding concerns regarding the unsanitary
conditions and potential fire hazard at the Kennel Inn Animal Control Centre,
14378 Yonge Street, and requesting that the Town take immediate action with
respect thereto. (2.8)
114-2004 Lakhwinder
S. Brar, President, Air Flight Services - Forwarding information regarding the
licensing of taxi-cabs and requesting that amendments be made with respect
thereto. (2.23)
CARRIED
Referred to Commissioner of Community &
Fire Services
115-2004 Communities
in Bloom Provincial Committee - Forwarding an invitation for the 2004 Award
Ceremony being held on September 11 and 12 in Kincardine Ontario. (6.3)
CARRIED
Referred to Hydro One Task Force
116-2004 Town
of Aurora - Forwarding a resolution regarding the preferred Hydro One
alternative for the upgrade of electric power supply to serve northern York
Region. (13.5.1)
117-2004 Ministry
of Energy - Forwarding a response to the Town of Markham's resolution with
respect to the proposal submitted by Hydro One to upgrade electricity
transmission lines in York Region. (13.2.2)
Referred to Commissioner of Development
Services & Town Solicitor
118-2004 Ontario
Municipal Board - Forwarding a copy of the response for a request to appoint a
date for the hearing of a motion to dismiss without holding a hearing for the
applications submitted by Box Grove Hill Developments Inc. & Box Grove
North, Part Lots 6-8, Concession 9 and Balgreen Holdings Inc. & Winter Garden
Estates, Part Lots 3-5, Concession 9.
The date for this hearing is August 30, 2004 at 10:30 a.m. (13.13 &
10.5)
119-2004 Ontario
Municipal Board - Forwarding information regarding the receipt of an appeal for
10 Royal Orchard Boulevard. (13.13)
120-2004 Ontario
Municipal Board - Advising that the appeals for the application submitted by
Box Grove Hill Developments Inc. & Box Grove North (Part Lots 6-8,
Concession 9 - By-laws 2004-145 and 2004-146) and the application submitted by
Balgreen Holdings Inc. & Winter Garden Estates (Part Lots 3-5, Concession 9
- By-laws 2004-150 and 2004-151) have been withdrawn. The Board will proceed to process the appeal
for the application submitted by Animate Construction Limited (Part Lots 6-7,
Concession 9 - By-laws 2004-147, 2004-148 and 2004-149). (10.5 & 13.13)
121-2004 Ontario
Municipal Board - Forwarding an oral decision from a continued prehearing
conference held on July 25, 2004 regarding the applications submitted by
1107656 Ontario Inc. (Leitchcroft Planning District) for official plan and
zoning by-Law amendments. The decision
is to delay the commencement to December 6, 2004 to resume January 4, 2005, if
required.
(10.3 & 13.13)
122-2004 Ontario
Municipal Board - Forwarding a copy of the Procedural Order for the hearing
starting on December 6, 2004 at 10:00 a.m. regarding the applications submitted
by 1107656 Ontario Inc. (Leitchcroft Planning District) for official plan and
zoning by-Law amendments. (10.3 & 13.13)
123-2004 Ministry
of Culture - Advising that the Conservation Review Board has scheduled a
hearing regarding the designation of heritage property at 9404 Highway 48, The
Menno Raymer House. The hearing will be
held on September 22, 2004 at 10:00 a.m. in the Canada Room, Markham Civic
Centre. (16.11.3)
Referred to Pesticide Reduction Committee
124-2004 Town
of Newmarket - Forwarding a Council resolution restricting the use of
non-essential pesticides. (13.5.2)
CARRIED
8. PROCLAMATION
(1) PROCLAMATION
(3.4)
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That the
following be proclaimed in the Town of Markham:
- January 21,
2005 - Grandparents Day
- February 21
to 25, 2005 - Montessori Week
- March 11,
2005 - International Day
CARRIED
9. BY-LAWS
Council
consented to add By-laws 2004-222 to 2002-250.
Council
consented to separate By-laws 2004-222 to 2002-249.
That By-laws
2004-207 to 2004-250 be given three readings and enacted.
Three Readings
BY-LAW 2004-207 A by-law to close Main Street Unionville on September 18, 2004 to
facilitate the Unionville Heritage and Big Band Festival.
(Communication No. 107-2004)
BY-LAW 2004-208 A by-law to close Main Street Unionville on October 11, 2004 to
facilitate the Oktoberfest.
(Communication No. 108-2004)
BY-LAW 2004-209 A by-law to close Main Street Markham on September 12, 2004 to
facilitate the Olden Days & Antique Cars.
(Communication No. 109-2004)
BY-LAW 2004-210 A by-law to close various streets in the Town of Markham on
September 18, 2004 to facilitate the Thornhill Village Festival.
(Communication No. 110-2004)
BY-LAW 2004-211 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (to revise Schedule "B").
BY-LAW 2004-212 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Eleanor Lynn Casely House, 4077 Mackenzie Drive
East).
(Clause 2, Report No. 31, 2004)
BY-LAW 2004-213 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Sheridan-Paterson House, 8303 Warden
Avenue).
(Clause 3, Report No. 31, 2004)
BY-LAW 2004-214 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (James Brander House, 31 Helen Avenue).
(Clause 5, Report No. 37, 2004)
BY-LAW 2004-215 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Schoolhouse No. 7, 3010 19th
Avenue).
(Clause 6, Report No. 37, 2004)
BY-LAW 2004-216 A by-law to amend By-law 176-2000, being a by-law to designate
The Peterson-Jarvis House (Administrative amendment - Revised legal
description, 9804 McCowan Road, Part of Block 73, Plan 65M-3719, designated as
Part 1 on Plan 65R-26391)
BY-LAW 2004-217 A by-law to amend Zoning By-law 177-96, as amended (Woodbine
Mackenzie Developments Ltd., Plan 65M-3763, east side of Woodbine Avenue, north
of Major Kackenzie Drive in the East Cathedral Community - To remove the (H)
Hold provision).
(See explanatory memo attached)
BY-LAW 2004-218 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Loomis Courier, 95 Micro Court, Part of Lot 22,
Plan 65M-2230, Parts 2 to 5, 65R-23164).
BY-LAW 2004-219 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Wismerlin Development Corporation, Omega Street
and Roy Rainey Avenue, south of Castlemore Avenue, Blocks 67-72, Plan
65M-3613).
BY-LAW 2004-220 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Blocks 138 and 139, Registered Plan 65M-3670 and
Blocks 104 and 105, Registered Plan 65M-3763).
BY-LAW 2004-221 A by-law to confirm the proceedings of the Council meeting of
August 31, 2004.
(Council Meeting No. 16, 2004)
BY-LAW 2004-222 A by-law to establish Town-Wide Hard Services Development Charges
for the Corporation of the Town of Markham (repeals By-law 147-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-223 A by-law to establish Town-Wide Soft Services Development Charges
for the Corporation of the Town of Markham (repeals By-law 148-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-224 A by-law to establish a new Area Specific Development Charges By-law for the
Buttonville North Area 3A development Area of the Town of Markham (repeals
By-law 150-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-225 A by-law to establish a new Area Specific Development Charges
By-law for the Don Mills/Browns Corner Area 4 development Area of the Town of
Markham (repeals By-law 151-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-226 A by-law to establish a new Area Specific Development Charges
By-law for the Armadale Area 5 development area of the Town of Markham (repeals
By-law 152-1999)
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-227 A by-law to establish a new Area Specific Development Charges
By-law for the Armadale North East Area 7 development area of the Town of
Markham (repeals By-law 153-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-228 A by-law to establish a new Area Specific Development Charges
By-law for the PD 1-7 Area 9 development area of the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-229 A by-law to establish a new Area Specific Development Charges
By-law for the Woodbine North Area 12 development area of the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-230 A by-law to establish a new Area Specific Development Charges
By-law for the Shouldice Area 21 development area of the Town of Markham
(repeals By-law 154-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-231 A by-law to establish a new Area Specific Development Charges
By-law for the Mount Joy Area 23 development area of the Town of Markham
(repeals By-law 155-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-232 A by-law to establish a new Area Specific Development Charges By-law
for the Cornell Area 41 development area of the Town of Markham (repeals By-law
158-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-233 A by-law to establish a new Area Specific Development Charges
By-law for the South Unionville Area 42A development area of the Town of
Markham (repeals By-law 159-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-234 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre Area 42B development area of the Town of Markham
(repeals By-law 160-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-235 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - Cox Area 42B-1 development area of the Town of
Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-236 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - Clegg Area 42B-2 development area of the Town
of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-237 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - IBM Area 42B-3 development area of the Town of
Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-238 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - Hotel Area 42B-4 development area of the Town
of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-239 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - South Hwy. 7 Area 42B-6 development area of the
Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-240 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - Remington Area 42B-7 development area of the
Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-241 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - Sciberras Area 42B-8 development area of the
Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-242 A by-law to establish a new Area Specific Development Charges
By-law for the Markham Centre - East Precinct Area 42B-9 development area of
the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-243 A by-law to establish a new Area Specific Development Charges
By-law for the Greensborough Area 43 development area of the Town of Markham
(repeals By-law 161-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-244 A by-law to establish a new Area Specific Development Charges
By-law for the Box Grove Area 44B development area of the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-245 A by-law to establish a new Area Specific Development Charges
By-law for the Wismer Area 45A development area of the Town of Markham (repeals
By-law 163-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-246 A by-law to establish a new Area Specific Development Charges
By-law for the Berczy Area 45B development area of the Town of Markham (repeals
By-law 164-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-247 A by-law to establish a new Area Specific Development Charges
By-law for the Cathedral Area 46 development area of the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-248 A by-law to establish a new Area Specific Development Charges
By-law for the Angus Glen Area 47A development area of the Town of Markham.
(repeals By-law 165-1999).
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-249 A by-law to establish a new Area Specific Development Charges
By-law for the York Downs Area 47B development Area of the Town of Markham.
(Clause 4, Report No. 43, 2004)
BY-LAW 2004-250 A by-law to amend Traffic By-law 106-71 (All-way Stop Control at
Bur Oak Avenue and Alfred Patterson Drive).
(Clause 4, Report No. 44, 2004)
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Heath
That the
meeting do adjourn.
CARRIED
Council
adjourned at 11:35 p.m.
___________________________________ ___________________________
PATRICIA
MILLER, DEPUTY CLERK DON
COUSENS, MAYOR
(Signed)