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                                                                                                                                    2003-04-15

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 10

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman (5:10 p.m.), Councillor A. Chiu. (12)

 

Regrets

Regional Councillor G. Landon.

 

 

Moved by Regional Councillor B. O'Donnell

Seconded by Regional Councillor F. Scarpitti

 

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

 

(1)        Markham Hydro Matters (13.7)

(2)        2003 Appointments - Advisory Committee/Boards (16.24)

(3)        Centralized Fire Dispatch Update (7.15)

(4)        York Regional Police #5 District Open House - Sign Fee (2.16)

CARRIED

 

 

The Regular Meeting of Council was held on April 15, 2003 at 7:05 p.m. in the Council Chamber, Civic Centre.  Mayor D. Cousens presided.

 

 

(Council Chambers)

COUNCIL

 

ROLL CALL

Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)

 

Regrets

Regional Councillor G. Landon.


 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

D. McClean, Fire Chief

P. Miller, Acting Manager, Secretariat Services

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community and Fire Services

A. Taylor, Commissioner of Corporate Services

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

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

Councillor J. Virgilio disclosed an interest with respect to Clause (4), Report No. 27, the proposal by Rodeo Fine Homes Inc. at 248 Steeles Avenue and 2 Valloncliffe Road, by nature of representing the applicant, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

Councillor K. Usman disclosed an interest with respect to Clause (7), Report No. 27 (Development Services Committee minutes - Item 7), Tridel/Tenstone development, by nature of owning a couple of units in the building, 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 Councillor A. Chiu

Seconded by Regional Councillor T. Wong

 

That Council rise from the Committee of the Whole and the Chairman report.

 

CARRIED

 

Mayor D. Cousens reported the following motions passed at the Committee of the Whole meeting:

 

(1)        MARKHAM HYDRO MATTERS (13.7)

 

That the verbal update the Chief Administrative Officer and the Town Solicitor regarding Markham Hydro matters, be received.

 

 

(2)        2003 APPOINTMENTS
ADVISORY COMMITTEE/BOARDS (16.24)

 

Canada Day Committee

That the resignation of Andrew Lo from the Canada Day Committee be accepted with regret;

 

And that Regional Councillors F. Scarpitti and T. Wong and Councillors E. Shapero and K. Usman bring forward a recommendation for replacement to a future Council meeting;

 

Markham Advisory Committee on Accessibility

That the resignation of Councillor K. Usman from the Markham Advisory Committee on Accessibility be accepted with regret;

 

Markham Conservation Committee

That the resignation of Maria Flores from the Markham Conservation Committee be accepted with regret (bringing committee membership more in compliance with the Terms of Reference) and no replacement appointment be made at this time;

 

Race Relations Committee

That the resignation of Rose Law from the Race Relations Committee be accepted with regret (bringing committee membership into compliance with the Terms of Reference) and no replacement appointment be made at this time.

 

 

(3)        CENTRALIZED FIRE DISPATCH
            UPDATE (7.15)

 

That the tabled and verbal reports from the Fire Chief regarding centralized fire dispatch, be received;

 

And that Council does not support the single Regional Dispatch Model referred to in Model 2 in Appendix A to April 15, 2003 staff report (Centralized Fire Dispatch Service provided by York Region for nine local municipalities);

 

And further that Council endorse the option of the Regional Dispatch Centre and the Town of Markham maintaining its existing Dispatch Centre (Model 3 in Appendix A to April 15, 2003 staff report).

 

 

(4)        YORK REGIONAL POLICE
            #5 DISTRICT OPEN HOUSE - SIGN FEE (2.16)

 

That the Town of Markham sign permit fee be waived for York Regional Police in connection with a proposed sign to advertise the York Regional Police #5 District Open House on May 17, 2003.

 

CARRIED

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor T. Wong

 

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

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MEETING - APRIL 1, 2003

 

Moved by Councillor A. Chiu

Seconded by Councillor J. Virgilio

 

That the Minutes of the Council Meeting held on April 1, 2003, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

(1)        8TH MARKHAM SCOUT TROUP (12.2.6)

 

Council welcomed the 8th Markham Scout Troup.

 

 

(2)        THORNHILL COMMUNITY CENTRE EXPANSION (6.6, 7.12.3, 7.5)

 

Council welcomed members of the Organizing Committee for the new Thornhill Seniors Club to be located in the Thornhill Community Centre expansion:

                                    Bob Adams

                                    Warren Baillie

                                    Ruth Briden

                                    Warren Carroll

                                    Jack MacKay

                                    Shirley Schaeffer

(Report No. 26, Clause 3)

 

 

(3)        SARS UPDATE (11.0)

 

Council thanked members of staff, particularly of the Building, Fire, Waterworks, and Parks Departments, for their considerable contribution in assisting the Markham Stouffville Hospital during the SARS crisis.  In the interest of public safety, everyone was encouraged to observe the volunteer quarantine, if necessary.  An update from the Markham Stouffville Hospital on their anticipated return to service schedule was also provided.

 

 

5.         DELEGATIONS

 

(1)        Gunter Langhorst - expressing appreciation for the growth of the Scout movement. (12.2.6) (Presentations, Clause 1)

 

 

 

6(a)      REPORT NO. 24 - REPORT OF THE TOWN CLERK

 

Council consented to separate Clause (1).

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor F. Scarpitti

 

That Report No. 24 - Report of the Town Clerk be received and adopted.

April 15, 2003

 

(1)        MS. LESLIE PATTERSON, OWNER OF HERITAGE
            CHAMPIONS - OFF TRACK BETTING - 144 MAIN STREET
            MARKHAM NORTH (2.0)    Weblink

 

That the request from Heritage Champions Off-Track Betting for an extension of their hours of operation to permit live horse racing from Australia on Fridays and Saturdays from 8:00 p.m. to 1:30 a.m. at their location at 144 Main Street Markham North be approved; it being understood that said approval will be rescinded by the Ontario Racing Commission at the request of the Town, in the event of resultant problems.

 

CARRIED

(See following recorded vote) (10:2)

 

YEAS:             Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)

 

NAYS:             Mayor D. Cousens, Councillor K. Usman. (2)

 

ABSENT:        Regional Councillor G. Landon

 

 


 

6(b)      REPORT NO. 25 - AUDIT COMMITTEE

 

Council consented to separate Clause (1).

 

Moved by Councillor K. Usman

Seconded by Councillor J. Virgilio

 

That Report No. 25 - Audit Committee be received and adopted.

April 7, 2003

 

(1)        TOWN OF MARKHAM DRAFT 2002 CONSOLIDATED
            FINANCIAL STATEMENTS AND AUDITORS REPORT (7.2)

 

That Council approve the Corporation of the Town of Markham's Draft Consolidated Financial Statements and Draft Trust Funds Financial Statements for the fiscal year ended December 31, 2002;

 

And that the consolidated Financial Statements for the fiscal year ended December 31, 2002 be issued upon finalization of all consolidated amounts;

 

And that Council receive for information the KPMG audit independence letter dated March 2003;

 

And that thanks and appreciation be extended to the Chief Administrative Officer, the Commissioner of Corporate Services, the Treasurer, the Manager, Financial Reporting, and all staff involved for a job well done in being the first municipality in Ontario to complete their audited financial statements.

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Regional Councillor F. Scarpitti

            Seconded by Councillor K. Usman

 

            That Clause (1), Report No. 25 be amended to include the following paragraph:

 

            "And that thanks and appreciation be extended to the Chief Administrative Officer, the Commissioner of Corporate Services, the Treasurer, the Manager, Financial Reporting, and all staff involved for a job well done in being the first municipality in Ontario to complete their audited financial statements."

 

CARRIED

 


 

(2)        APPOINTMENT OF AUDITORS FOR
            THE 2003 FISCAL YEAR END (7.2)

 

That Council appoint KPMG, LLP as the Town's auditors to complete the review of the Town's financial records for the year ending December 31, 2003;

 

And that Council appoint KPMG, LLP as the external auditors for the Town's Agencies, Boards and Commissions.

 

 

(3)        OTHER COMMITTEE PROCEEDINGS
- MINUTES OF AUDIT COMMITTEE MEETING
 - APRIL 7, 2003 (16.0)

 

That the Audit Committee minutes dated April 7, 2003 be received.

 

CARRIED

 

 

 

6(c)      REPORT NO. 26 - FINANCE & ADMINISTRATIVE COMMITTEE

 

Council consented to separate Clauses (3), (4), (10) and (12).

 

Moved by Councillor K. Usman

Seconded by Regional Councillor T. Wong

 

That Report No. 26 - Finance & Administrative Committee be received and adopted.

April 7, 2003

 

(1)        INFORMATION TECHNOLOGY SERVICES
            STATUS REPORT (7.13)

 

That the Commissioner of Corporate Services arrange a meeting with the Chief Information Officer and Members of Council regarding navigating the Town's Corporate Website.

 

That the Information Report "Information Technology Services - Status Report" be received.

 


 

(2)        RELEASE AND ABANDONMENT OF PERMANENT STORM
            SEWER AND OVERLAND FLOW EASEMENT - LT1462792
            LOTS 20, 21, 22, 27, 28 AND 29, PLAN 65M-3593 (8.1)

That a by-law be enacted authorizing the Mayor and Clerk to execute a release and abandonment of a permanent storm sewer and overland flow easement registered as Instrument No. LT1462792 over lands legally described as Lots 20, 21, 22, 27, 28 and 29, Plan 65M-3593, in a form satisfactory to the Town Solicitor.

(By-law 2003-102)

 

 

(3)        THORNHILL COMMUNITY CENTRE EXPANSION (6.6 & 7.12.3 & 7.5)

 

That the report dated April 7, 2003 entitled "Thornhill Community Centre Expansion", be received;

 

And that Council approve the Schematic Design and Building Program for the expansion of the Thornhill Community Centre at 27,131 square feet as shown in Appendix 'A' and 'B', attached to such report;

 

And that the additional 7,131 square feet to the original expansion of 20,000 square feet to the Thornhill Community Centre be funded by transferring 7,131 square feet of Development Charge funded space from the Centennial Community Centre expansion project;

 

And that the project be constructed in two components, with Component 1 consisting of the Older Adults Centre and Component 2 consisting of the expansion to the Community Centre;

 

And that the Town proceed with one tender for Component 1 and another for Component 2;

 

And that Council authorize the architect, Wong Gregersen Architects Inc., to proceed with the Detailed Design and working drawings;

 

And that the preliminary project cost estimate is $6,310,000, of which $3,075,500 is to be funded through previously approved Capital projects in the 2002 and 2003 budgets;

 

And that additional project costs of $3,234,500 be approved, of which $2,901,050 shall be funded through the Development Charges Reserve Fund and $333,450 through the General Capital Reserve;

 

And that early approval be granted to commence the tendering process for the sanitary sewer rerouting;

 

And that based on the revised Building Program cost estimate, the architect fees are to be negotiated and to be contained within the proposed cost estimate;


 

And that the Mayor and Clerk be authorized to amend the architect's contract based on the proposed increased scope of the building program and to execute the architect's agreement;

 

And that staff be authorized to tender the project and report back to Council on the tendered cost;

 

And further that if it is determined an additional 7,000 square feet is required at Centennial Community Centre, or at a satellite facility, then Council consider the two other funding options presented in the report entitled "Thornhill Community Centre Expansion" dated April 7, 2003.

 

CARRIED AS AMENDED

(See following motion to amend)

(See following recorded vote) (10:2)

            Moved by Councillor S. Daurio

            Seconded by Regional Councillor T. Wong

 

            That Clause (3), Report No. 26 be amended to delete paragraph 5 as follows:

 

            "And that the Town proceed with issuing one tender, with options to bid on Component 1 and Component 2 separately or together, for the Thornhill Expansion and deferring the final contract decision until all responses are analyzed;"

 

            And the following be substituted therefor:

 

            "And that the Town proceed with one tender for Component 1 and another for Component 2;"

 

CARRIED (10:2)

(See following recorded vote)

 

YEAS:             Mayor D. Cousens, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu. (10)

 

NAYS:             Deputy Mayor F. Scarpitti, Councillor K. Usman. (2)

 

ABSENT:        Regional Councillor G. Landon

 

 

(4)        WATERPLAY FACILITIES STRATEGY AND
            IMPLEMENTATION PLAN FOR 2003 (6.11 & 7.5)

 

That the report entitled "Waterplay Facilities Strategy and Implementation Plan for 2003" to the Finance and Administrative Committee, dated April 7, 2003, be received;


 

And that staff be authorized to proceed with the design and construction of two waterplay facilities in Markham: at Milliken Mills Park (upgrade; approximately $250,000.00), and a park in Ward 1 as determined by staff (new; approximately $150,000.00);

 

And that these two waterplay facilities be funded from the Planning and Urban Design Department's 2003 Capital Account # 81-5350-5259-005 which has budget amount of $400,000 inclusive of all design, construction, and contract administration costs, as well as all applicable taxes;

 

And further that each of the four communities of the Town of Markham, (Markham, Milliken Mills, Thornhill and Unionville), have one major waterplay facility; and that staff identify a location for a major waterplay facility in the Markham area and report back.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor S. Daurio

            Seconded by Regional Councillor B. O'Donnell

 

            That Clause 4, Report No. 26, paragraph 2 be amended to delete the words "…Drake Park in Thornhill…" and replace with the words "…a park in Ward 1 as determined by staff…".

 

CARRIED

 

 

(5)        RELOCATION OF FIRE AND EMERGENCY SERVICES TO
            60 ESNA PARK DRIVE (7.15)

 

That the report recommending the relocation of the Fire and Emergency Services Department from the Civic Centre to 60 Esna Park Drive be approved;

 

And that the one-time expenditure in the amount of $157,000 be funded from the 2003 Operating Budget Corporate Contingency;

 

And that the estimated 2003 operating costs of $38,700 (June - December) be absorbed in the 2003 Capital Assets Department operating budget;

 

And that an annual operating budget be established for the facility as part of the 2004 operating budget approval process.

 


 

(6)        2003 UNIONVILLE B.I.A. OPERATING BUDGET (7.4)

 

That the report entitled "2003 Unionville B. I. A. Operating Budget", dated April 7, 2003 be received;

 

And that the 2003 Operating Budget for the Unionville B. I. A. in the amount of $139,580,00 be approved.

 

 

(7)        BLANKET PURCHASE ORDER INCREASE FOR ELECTRICAL
            SERVICE AND MAINTENANCE CONTRACT - #B1 00041
            REQUEST FOR PROPOSAL 044-R-01 (7.12.1 & 7.9)

 

That the Blanket Purchase Order #B1-41 (Electrical Service and Maintenance) in favour of Kudlak-Baird be increased to a total amount of $652,581.77 (inclusive of 7% GST) $628,186.18 (inclusive of 3% GST);

 

And that service requirements and related costs within this contract are estimates only and may vary, however, unit prices shall remain firm regardless of quantities of work required;

 

And that the Director of Operations and Asset Management be authorized to increase the Blanket Purchase Order as required, up to a maximum of budgeted amounts and with the approval of the Treasurer.

 

 

(8)        MARKHAVEN 3RD ANNUAL CHARITY
            GOLF TOURNAMENT (12.2.6)

 

That the report dated April 7, 2003 entitled "Markhaven 3rd Annual Charity Golf Tournament" be received;

 

And that sponsorship in the amount of $1,000.00 be approved for the Markhaven Foundation 3rd Annual Charity Golf Tournament;

 

And further that those Members of Council that wish to attend may do so provided that all expenses are charged to their individual budgets.

 

 

(9)        GRANT REQUEST - ROTARY CLUB OF MARKHAM SUNRISE
            1ST ANNUAL RIBFEST/BLUES AND CRAFT FESTIVAL (12.2.6)

 

That Council approve the grant request from the Rotary Club of Markham Sunrise to support Markham's 1st Annual Ribfest/Blues and Craft Festival;

 

And that the grant funding level be in the amount of $1,000.00 as per Council policy.

 


 

(10)      THE CANADIAN DISTRICT ENERGY ASSOCIATION'S
            8TH ANNUAL CONFERENCE AND EXHIBITION, MARKHAM
            JUNE 18 TO 20, 2003 (12.2.6)

 

That the report dated April 7, 2003 entitled "The Canadian District Energy Association's 8th Annual Conference and Exhibition, Markham, June 18 to 20, 2003" be received;

 

And that any Councillor choosing to attend the Reception and Dinner on June 19th may do so and charge the amount to their individual budgets.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor D. Horchik

            Seconded by Councillor E. Shapero

 

            That Clause 10, Report No. 26 be amended to change the dates of the conference and exhibition from April 22 to 24, 2003 to June 18 to 20, 2003 and the date of the reception and dinner from April 23rd to June 19th.

 

CARRIED

 

 

(11)      YORK REGIONAL POLICE - 11TH POLICE
            APPRECIATION NIGHT - APRIL 24, 2003 (12.2.6)

 

That the report dated April 7, 2003 entitled "11th Police Appreciation Night, April 24, 2003" be received;

 

And that approval be granted to purchase one table of eight to the York Regional Police 11th Annual Police Appreciation Night, to be held on April 24, 2003.

 

 

(12)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF FINANCE & ADMINISTRATIVE
            COMMITTEE MEETING – APRIL 7, 2003 (16.0)

 

That the Finance & Administrative Committee minutes dated April 7, 2003 be received.

 

CARRIED

 


 

6(d)      REPORT NO. 27 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clauses (4), (5) and (7).

 

Moved by Councillor G. McKelvey

Seconded by Councillor S. Daurio

 

That Report No. 27 - Development Services Committee be received and adopted.

April 8, 2003

 

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

 

That the presentation Peer Review by Nick Poulos of Poulos and Chung, Transportation Consultant, with respect to the traffic study submitted by the Gates of Bayview, Toronto, be received;

 

And that staff be directed not to attend the OMB hearing with respect to the Gates of Bayview at the south-east corner of Steeles and Bayview in the City of Toronto.

 

 

(2)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
4165 19th AVENUE "THE JAMES BOWMAN HOUSE" (16.11.3)   Weblink

 

That Heritage Markham’s recommendation to designate the James Bowman House at 4165 19th Avenue under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

  • publish and serve Council’s Notice of Intention to Designate as per the requirements of the Act; and,
  • prepare the Designation By-law for these properties.

 

 

(3)        DESIGNATION UNDER PART IV OF THE ONTARIO HERITAGE ACT
"THE CLENDENNEN CEMETERY", SWAN LAKE HOLDINGS,
BLOCK 104, DRAFT APPROVED PLAN OF SUBD 19TM-93005 (16.11.3)   Weblink

 

That Heritage Markham’s recommendation to designate the Clendennen Cemetery located on Part Lot 17, Concession 8 (Block 104, Draft Approved Plan of Subdivision 19TM-93005

Swan Lake Holdings Inc.) under Part IV of the Ontario Heritage Act be approved;

 

And that the Clerks Department be authorized to:

  • publish and serve Council’s Notice of Intention to Designate as per the requirements of the Act; and,
  • prepare the Designation By-law for this property.

 


 

(4)        RODEO FINE HOMES INC.
348 STEELES AVENUE EAST AND 2 VALLONCLIFFE ROAD
SECONDARY PLAN AND ZONING BY-LAW AMENDMENTS TO
PERMIT TOWNHOUSES (OP.02-110493, ZA.02-110495, SC.02110496) 
(10.4, 10.5)   Weblink

 

That the Secondary Plan and Zoning By-law Amendment applications, Files OP.02-110493, ZA.02-110495, SC.02110496, submitted by Rodeo Fine Homes Inc. to permit Townhouses at
348 Steeles Avenue East and 2 Valloncliffe Road, be approved, as revised;

 

And that staff meet with the applicant and the neighbouring residents to discuss improvements to the plan;

 

And that staff complete the list of conditions, to include a provision for a Shared Facilities Agreement, and a Hold Provision added to the zoning by-law which would not be removed until a site plan agreement is executed;

 

And that site plan approval not be delegated;

 

And that the following additional conditions, be included and approved:

 

      1.   a 7 foot high wood acoustical noise fence along the north property line and a board on board fence along the west lot line

 

      2.   garbage pick-up is from Steeles Avenue

 

      3.   5 or 6 high branching trees in the 3 metre landscape buffer to block view from units 2, 3, 4, 7 & 8

 

      4.   check existing trees to remain on east side

 

      5.   landscaping along the east side of the property should be a mix of materials and heights

 

      6.   shared facilities agreement should include: fence, road and roof maintenance and snow removal

 

      7.   architectural design control should be registered on title

 

      8.   easement over rear lane to Town for future access for the properties to the west and 0.3 metre reserve at west end of lane - to be obtained through site plan process


 

      9.   restrict on-street parking on a portion of Valloncliffe Road and Huckelberry Lane - a separate no parking by-law required.

 

CARRIED AS AMENDED (9:2)

(See following recorded vote)

(See following motion to amend)

(Councillor J. Virgilio abstained)

 

 

YEAS:                   Mayor D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor K. Usman, Councillor A. Chiu. (9)

 

NAYS:                   Councillor J. Heath, Councillor D. Horchik. (2)

 

ABSTAINED:        Councillor J. Virgilio

 

ABSENT:              Regional Councillor G. Landon

 

 

            Moved by Councillor S. Daurio

            Seconded by Regional Councillor B. O'Donnell

 

            That Clause (4), Report No. 27 be amended to include the following:

 

And that the following additional conditions, be included and approved:

 

      1.      a 7 foot high wood acoustical noise fence along the north property line and a board on board fence along the west lot line

 

      2.      garbage pick-up is from Steeles Avenue

 

      3.      5 or 6 high branching trees in the 3 metre landscape buffer to block view from units 2, 3, 4, 7 & 8

 

      4.      check existing trees to remain on east side

 

      5.      landscaping along the east side of the property should be a mix of materials and heights

 

      6.      shared facilities agreement should include: fence, road and roof maintenance and snow removal

 

      7.      architectural design control should be registered on title


 

      8.      easement over rear lane to Town for future access for the properties to the west and 0.3 metre reserve at west end of lane - to be obtained through site plan process

 

      9.      restrict on-street parking on a portion of Valloncliffe Road and Huckelberry Lane - a separate no parking by-law required.

 

CARRIED

 

 

(5)        a)  1107656 ONTARIO LTD. (TIMES)
    
BLOCKS 41, 42 AND 43, REGISTERED PLAN 65M-3226
     OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT;
b)  TOWN-INITIATED, WEST SIDE OF SADDLECREEK DRIVE
     OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS;
c)  1522233 ONTARIO INC. BLOCK 4 REGISTERED PLAN 65M-3575;
     SITE PLAN APPROVAL FOR A RESIDENTIAL CONDOMINIUM
d)  1107656 ONTARIO LTD. BLOCKS 1 AND 3 REGISTERED PLAN 65M-3575
     SITE PLAN APPROVAL FOR A CONDOMINIUM AND OFFICE BUILDING
     OP 02 112639; ZA 02 112690; SC 02 109381 (BLOCK 4 REG. PLAN 65M-3575);
     SC 02 109704 (BLOCK 3 REGISTERED PLAN 65M-3575);
     SC 02 111034 (BLOCK 1 REGISTERED PLAN 65M-3575)
(10.3, 10.5, 10.6)   Weblink

 

That the staff report dated March 25, 2003, regarding applications by 1107656 Ontario Ltd., 1522233 Ontario Inc., and the Town of Markham for Official Plan and Zoning By-law Amendments, site plan approval, and water allocation, Files OP 02 112639; ZA 02 112690; SC 02 109381, SC 02 109704, SC 02 111034, be received;

 

And that Option 3 to locate the park at the south end of Block 45 west of Saddlecreek Drive be endorsed, and that the recommendations be revised accordingly;

 

And that the application by 1107656 Ontario Ltd. for Official Plan Amendment to revise water allocation policies and to revise the distribution of townhouse and apartment units be approved;

 

And that the application by 1107656 Ontario Ltd. for Zoning By-law Amendment to delete requirements for at-grade commercial along street frontages; revise townhouse parking standards and revise zoning boundaries on Blocks 41, 42, and 43 Registered Plan 65M-3226 be approved;

 

And that the application by 1107656 Ontario Ltd. for Zoning By-law Amendment to permit an additional 585 residential units prior to securing additional water allocation, be denied;

 

And that the request by 1107656 Ontario Ltd. for water allocation to permit the 585 additional residential units required for full build-out of the remaining residential units on the subject lands, be denied;


 

And that staff revise the Town-initiated Official Plan and Zoning Amendments attached to the staff report dated March 25, 2003 as Appendices 'A' and 'B', so as to redesignate a 2.7 ha parcel of land in the southern portion of Block 45 west of Saddlecreek Drive from Business Corridor Area  to Open Space, to permit a neighbourhood park at this location, and to redesignate the remaining lands fronting on Highway 7 between Saddlecreek Drive and South Park Road from Business Corridor Area to Business Park Area;

 

And that the draft Official Plan Amendment, attached to the staff report dated March 25, 2003 as Appendix ‘A’, and amended as necessary, be adopted;

 

And that the draft Zoning By-law Amendment, attached to the staff report dated March 25, 2003 as Appendix ‘B’, and amended as necessary be enacted;

 

And that the neighbourhood park proposed on the south side of South Park Road west of the Staybridge Suites Hotel remain as employment lands;

 

And that the application for site plan approval to permit a 112 unit residential condominium and 12 townhouses at the north east corner of Galleria Parkway and Saddlecreek Drive (Block 4 Registered Plan 65M-3575) be approved, subject to the conditions set out in Appendix ‘D’ attached to the March 25, 2003 staff report;

 

And that the application for site plan approval to permit a six storey office building at the south east corner of Saddlecreek Drive and Highway 7 (Block 3 Registered Plan 65M-3575) be approved, subject to the conditions set out in Appendix ‘E’ attached to the March 25, 2003 staff report;

 

And that the application for site plan approval to permit a 131 unit residential apartment and 10 townhouse units at the south west corner of Highway 7 and Times Avenue (Block 1 Registered Plan 65M-3575) be approved, subject to the conditions set out in Appendix ‘F’ attached the staff report dated March 25, 2003;

 

And that with respect to the changes to the proposed Official Plan and zoning by-law amendments, Council hereby determines that no further notice is to be given in respect of such changes, in accordance with Section 17 and Subsection 34 (17) of the Planning Act;

 

And further that staff investigate mechanisms to protect the remaining employment lands.

 

CARRIED

 

 

(6)        TECHNICAL OFFICIAL PLAN AMENDMENT (MI.456) (10.3)

 

That the Record of the Public Meeting held April 8, 2003, with respect to the proposed draft technical Official Plan amendment, be received;

 

And that staff finalize the proposed technical Official Plan amendment and forward it to Council for adoption.

 


 

(7)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – APRIL 8, 2003 (16.0)

 

That the Development Services Committee minutes dated April 8, 2003 be received.

 

CARRIED

(Councillor K. Usman abstained - Item 7)

 

 

 

7.         MOTIONS

 

Council consented to add Motion (1) and (2).

 

(1)        SARS UPDATE (11.0)

 

Moved by Regional Councillor F. Scarpitti

Seconded by Regional Councillor T. Wong

 

That the appreciation of Council and recognition be extended to Town of Markham staff, specifically in the Building, Fire, Waterworks and Parks Departments, the Region of York Medical Officer of Health, all medical staff, and the Scarborough Grace, York Central and Markham Stouffville hospitals for meeting the challenges of the past few weeks in connection with the SARS crisis.

 

CARRIED

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

 

 

(2)        FEDERATION OF CANADIAN MUNICIPALITIES
ANNUAL CONFERENCE AND MUNICIPAL EXPO
WINNIPEG, MANITOBA - MAY 30 TO JUNE 2, 2003 (11.12 & 16.23)

 

Moved by Councillor J. Heath

Seconded by Councillor K. Usman

 

That Councillors K. Usman, J. Heath, and E. Shapero be authorized to attend the Federation of Canadian Municipalities 66th Annual Conference and Municipal Expo in Winnipeg, Manitoba on May 30 to June 2, 2003.

 

CARRIED

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


 

8.         COMMUNICATIONS

 

Council consented to add Communications 124-2003 to 126-2003.

 

Moved by Councillor A. Chiu

Seconded by Councillor K. Usman

 

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

 

Referred to all Members of Council

120-2003         Proclamation - Day of Mourning for Workers Killed or Injured on the Job - April 28, 2003. (3.4)

 

121-2003         Proclamation - National Missing Children's Day - May 25, 2003. (3.4).

 

122-2003         Judi McIntyre, Manager, Markham Village B.I.A. – Forwarding a request for approval to temporarily extend the operating area of The Duchess of Markham, The Fox & Fiddle, Folco's Ristorante, and Red Hot Bistro during the Markham Village Music Festival (Friday, June 20, 2003 from 6:00 p.m. to 11:00 p.m. and Saturday, June 21, 2003 from 11:00 a.m. to 6:00 p.m.) to facilitate the temporary extension of liquor licenses by the Alcohol and Gaming Commission of Ontario. (3.21)

 

123-2003         Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for The Thistle Inn Restaurant, 48 Main Street Markham North (outdoor). (3.21)

 

124-2003         Spragga Benz - Forwarding support for late night races at Heritage Champions, 144 Main Street Markham North. (2.0) (Report No. 24, Clause 1)

 

 

Referred to Commission of Development Services

125-2003         Beverley and Manny Blicker, on behalf of residents in Bayview Glen - Forwarding objection to the townhouse proposal by Rodeo Fine Homes Inc. at 348 Steeles Avenue East and 2 Valloncliffe Road. (10.4, 10.5) (Report No. 27, Clause 4)

 

126-2003         Rodeo Fine Homes Inc., the applicant - Forwarding agreement to additional conditions for the townhouse proposal by Rodeo Fine Homes Inc. at 348 Steeles Avenue East and 2 Valloncliffe Road. (10.4, 10.5) (Report No. 27, Clause 4)

 

CARRIED


 

9.         BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That By-laws 2003-102 to 2003-106 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2003-102    A by-law to authorize the execution of a Release and Abandonment of a Storm Sewer and Overland Flow Easement to Eden Oak (Unionville) Inc. for lands legally described as Lots 20, 21, 22, 27, 28 and 29, Plan 65M-3593.
(Clause 2, Report No. 26,2003)

 

BY-LAW 2003-103    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Lots 210 and 211, Plan 65M-3605, located on Starhill Crescent at the intersection of Markland Street).

 

BY-LAW 2003-104    A by-law to dedicate certain lands as part of the highways of the Town of Markham (Part of Lot 16, Concession 7, designated as Parts 12, 13 15 and 16, Plan 65R-7465; and Part of Lot 16, Concession 7, designated as Part 2, Plan 65R-12779 - 16th Avenue).

 

BY-LAW 2003-105    A by-law to appoint a representative for the Region of York Joint Board to administer Provincial Offences Court (Jody Parsons).

 

BY-LAW 2003-106    A by-law to confirm the proceedings of the Council meeting of April 15, 2003.
(Council Meeting No. 10, 2003)

 

CARRIED

 

 


 

10.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor S. Daurio

 

That the meeting do adjourn.

CARRIED

 

Council adjourned at 8:30 p.m.

 

 

 

 

 

 

______________________________                  _____________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

 

(Signed)

 

 

 

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