2003-06-10
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 14
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S.
Daurio, Councillor E. Shapero, Councillor J. Virgilio (4:40 p.m.). Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman.
(10)
Regrets
Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor A. Chiu. (3)
Moved by
Councillor S. Daurio
Seconded by
Councillor E. Shapero
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Region
of York 16th Avenue Sewer Dewatering Issue (5.5)
(2) Region of York16th
Avenue Sewer Phase II Cachet Servicing
- Municipal Water (5.5)
(3) Region of York 9th Line Sewer Extension to
Stouffville (5.5)
(4) R'2000
Markham Resource Conference Group - Status Update (16.37)
(5) Absence From Meetings - Requirement
Under Municipal Act (16.23)
(6) Amendment
to Development Charge By-Law 148-1999 - Elimination of Service Category &
Development Charge Related to Public Transit (7.11)
(7) Development
Charge Area Specific By-Law for Area 42A-1 – South Unionville – Helen Avenue
(7.11)
(8) Municipal Referendum Requirement for Property Tax Increases (7.3)
(9) Licensing
Hearing “Charming Health Spa” 220 Royal Crest Court, Unit 23 (2.0)
(10) Licensing
Hearing "Holistic Therapy" 2750 14th Avenue, Unit 4 (2.0)
(11) Licensing Hearing “Centre Studio” 5460
Highway 7, Unit 3 (2.0)
(12) Licensing Hearing “Kolobok Health Spa”
5970 16th Avenue (2.0)
(13) Licensing Hearing “Joy Spa” 400 Esna Park
Drive, Unit 21 (2.0)
(14) Town Of Markham 2003 Clean Air Initiatives
(5.7)
(15) Sam’s Garage 29 Laidlaw Boulevard Rezoning Application (10.5)
(16) 55 Albert Street, Markham (Markham Union
Temple Corporation) (10.12)
CARRIED
The Regular
Meeting of Council was held on June 10, 2003 at 7:10 p.m. in the Council
Chamber, Civic Centre. Deputy Mayor F.
Scarpitti presided.
(Council
Chambers)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor S.
Daurio, Councillor E. Shapero, Councillor J. Virgilio. Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (10)
Regrets
Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor A. Chiu. (3)
STAFF
J. Livey,
Chief Administrative Officer
J. Allen,
Chief Information Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
A. Brown,
Director of Engineering
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
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 (6), Report No. 40 and
By-laws 2003-176 and 2003-177, the proposed development by Rodeo Fine Homes
Inc., at 348 Steeles Avenue East and 2 Valloncliffe Road, by nature of
representing the owner, and did not take part in the consideration or
discussion of or vote on the question of the approval of such matter.
Councillor J.
Heath disclosed an interest with respect to the Committee of the Whole Motion
dated June 10, 2003, the rezoning application submitted by Sam's Garage for 29
Laidlaw Boulevard, by nature of owning property close by, at 166 Bullock Drive,
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 J. Virgilio
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) REGION OF YORK
16TH AVENUE SEWER DEWATERING ISSUE (5.5)
Whereas for the 16th Avenue Phase I sewer dewatering the
Region of York will have corrected by June 30, 2003 the well concerns by either
re-drilling, lowering of pumps or provision of municipal water;
And whereas the Region will continue to monitor wells in the zone of
influence and address further well interference claims in an expeditious
manner;
And whereas Regional Council at its May 22, 2003 meeting established a
Complaint Review Committee for those residents not satisfied with the Region’s
response to their well issue;
And whereas the Region’s and Town’s Hydrogeologists have established
potential zone of influence of the deep and shallow aquifers for Phase II;
And whereas well surveys to ascertain which wells will be impacted by
Phase II dewatering are to be finalized by July 31, 2003;
And whereas the Region is to implement a proactive program to address
impacted wells for Phase II prior to dewatering;
And whereas the Region is to have a monitoring and mitigation plan to
address unanticipated well interference claims for Phase II;
And whereas the Town recognizes the project must be completed
expeditiously in order to minimize the impact of dewatering;
And whereas the Town is
concerned about dewatering and wishes to ensure the impact of the dewatering on
its residents is mitigated;
Now therefore be it resolved that the Town of Markham agrees to the
issuance of a dewatering permit for Phase II subject to the following
conditions:
- That dewatering not commence until Phase
II mitigation plan has been finalized, in consultation with Markham Council.
- That a minimum $10 million Financial
Assurance Plan be approved by Regional Council to implement the mitigation
program for Phase II, and that the Plan be finalized in consultation with
Markham Council.
- That
the Region implement their Pro-Active Mitigation Plan.
- That
the final Communication Plan be implemented.
- That
other commitments (i.e. Complaint Review Committee, Liaison Committee, etc.) as
outlined in the Region’s June 10, 2003 presentation be implemented.
- That
the Liaison Committee also include one Town of Markham Council member
(Councillor Dan Horchik).
- That
the Region update Markham Council and staff on a monthly basis on the state of
dewatering and their mitigation program.
- That
the Region of York Director of Infrastructure, Design and Construction update
the Town of Markham Director of Engineering on a bi-weekly basis on the status
of the project.
- That
the option of providing municipal water to the Cachet/Jennings Gate/Victoria
Square areas be resolved prior to commencement of dewatering.
- That
the above plans and Regional commitments be completed in consultation with
Markham Council and to the satisfaction of Markham staff and its
hydrogeologist.
(2) REGION OF YORK
16TH AVENUE SEWER PHASE II
CACHET SERVICING - MUNICIPAL WATER
(5.5)
That Engineering staff be authorized to retain a consultant engineer to
undertake a preliminary design of a watermain system for the Cachet areas at an
upset limit of $60,000 plus GST;
And that staff be authorized to submit a questionnaire to the Cachet
area property owners to determine their interest in paying for a municipal
watermain system with a subsidy from the Region of York;
And that, subject to sufficient support from the property owners (67%)
the Engineering Department be authorized to retain a consultant engineer an
upset limit of $100,000 plus GST to undertake the detailed design of the
watermain system, tender such works and resubmit a questionnaire under the
Local Improvement Regulations (Municipal Act) to the Cachet property owners;
And that the cost for the design and tender of the watermain system (+160,000
plus GST) be funded by capital reserves;
And that staff report back to Council as to the option of providing
municipal water to Victoria Square Community.
(3) REGION
OF YORK
9TH LINE SEWER
EXTENSION TO STOUFFVILLE (5.5)
Whereas the Region of York is proposing to commence construction of a
sanitary sewer on 9th Line from approximately the Little Rouge River
to Stouffville;
And whereas localized dewatering to facilitate construction is
anticipated;
And whereas abutting residents with shallow wells have expressed
concern on the impact on these wells;
Now therefore be it resolved that the Region of York be requested not
to commence any dewatering for their 9th Line sewer until the
following issues have been addressed in consultation with the Town of Markham
staff and its hydrogeologist:
- submission
of dewatering plan
-
completion of well survey in the zone of influence
- completion
of a well impact assessment
- implementation
of a proactive mitigation plan
- submission
of a well monitoring program
- submission
of a communication plan
- public
meeting(s) with residents in the zone of influence
And that the Region be requested to allocate
the appropriate funds for the mitigation plan;
And that the Engineering Department 2003 Capital
Budget be modified to include a $10,000 allowance for hydrogeologist consulting
services and that the Region be requested to reimburse Markham such costs.
(4) R'2000 MARKHAM RESOURCE
CONFERENCE GROUP
- STATUS UPDATE (16.37)
That the report entitled ‘R'2000 – Markham Resource Conference Group – Status Update’
be received.
(5) ABSENCE
FROM MEETINGS - REQUIREMENT
UNDER MUNICIPAL ACT (16.23)
That, pursuant to Section 259(1)(c) of The
Municipal Act, 2001, Regional Councillor Gordon Landon's seat not
be declared vacant during the period June 10, 2003 to September 10, 2003.
(6) AMENDMENT TO
DEVELOPMENT CHARGE BY-LAW 148-1999
- ELIMINATION OF SERVICE CATEGORY &
DEVELOPMENT CHARGE RELATED TO PUBLIC TRANSIT (7.11)
That Council approve the enactment of a by-law amending Development
Charge By-law 148-1999 to eliminate the service category and development charge
relating to public transit, with an effective date of June 23, 2003.
(By-law
2003-181)
(7) DEVELOPMENT
CHARGE AREA SPECIFIC BY-LAW
FOR AREA 42A-1 – SOUTH
UNIONVILLE – HELEN AVENUE (7.11)
That Development Charge Area Specific By-law for Area 42A-1 - South
Unionville - Helen Avenue be enacted;
And that the delegation of Mr. Glenn Baron in objection to the proposed
amendment to Development Charge Area Specific By-law for Area 42A-1 - South
Unionville - Helen Avenue , be received;
And that the Mayor and Clerk be authorized to execute Credit Agreements
with Abidien Inc. and other Helen Avenue Developers for the front ending of
Helen Avenue reconstruction to the satisfaction of the CAO and Town Solicitor;
And that the letter of objection from Mr. Glenn Baron regarding the
proposed amendment to the Development Charge Area Specific By-law for Area
42A-1 - South Unionville - Helen Avenue, be received.
(By-law
2003-182)
(8) MUNICIPAL
REFERENDUM REQUIREMENT
FOR PROPERTY TAX INCREASES
(7.3)
(9) LICENSING HEARING
“CHARMING HEALTH SPA”
220 ROYAL CREST COURT, UNIT 23 (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
(1) That
the application for Complementary Healthcare Establishment, submitted by the
Owner for "Charming Health Spa" at 220 Royal Crest Court, Unit # 23,
Markham Ontario, be denied, and
(2) That,
pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision
not be stayed by any appeal of this decision that may be instituted in the
courts.
(10) LICENSING HEARING
"HOLISTIC THERAPY"
2750 14TH AVENUE, UNIT 4 (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
(1) That the application for Complementary
Healthcare Establishment, submitted by the Owner (1547696 Ontario Limited) for "Holistic Therapy" at 2750 14th
Avenue, Unit # 4, Markham Ontario, be denied, and
(2) That, pursuant to section 25(1) of The
Statutory Powers Procedures Act, this decision not be stayed by any appeal of
this decision that may be instituted in the courts.
(11) LICENSING
HEARING
“CENTRE STUDIO”
5460 HIGHWAY 7, UNIT 3 (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
(1) That the application for
Complementary Healthcare Establishment, submitted by the Owner for "Centre Studio" at 5460
Highway # 7,
Unit # 3, Markham Ontario, be denied, and
(2) That, pursuant to section
25(1) of The Statutory Powers Procedures Act, this decision not be stayed by
any appeal of this decision that may be instituted in the courts.
(12) LICENSING
HEARING
“KOLOBOK HEALTH SPA”
5970 16TH AVENUE
(2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
1) That the application for a Complementary Healthcare
establishment, submitted by
the Owner for 5970 16th Avenue, Markham, Ontario, named
“Kolobok
Health Spa,” be approved, to expire on December 31, 2003; and
(2) That Council review Section 7 of By-law
2002-292 with respect to existing businesses.
(13) LICENSING
HEARING
“JOY SPA”
400 ESNA PARK DRIVE, UNIT 21
(2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
(1) That the application for
Complementary Healthcare Establishment, submitted by the Owner for "Joy Spa" at 400 Esna Park
Drive, Unit # 21, Markham Ontario, be denied, and
(2) That, pursuant to section
25(1) of The Statutory Powers Procedures Act, this decision not be stayed by
any appeal of this decision that may be instituted in the courts.
(14) TOWN
OF MARKHAM 2003 CLEAN
AIR INITIATIVES (5.7)
(15) SAM’S
GARAGE
29 LAIDLAW BOULEVARD
REZONING
APPLICATION (10.5)
(16) 55
ALBERT STREET, MARKHAM
(MARKHAM UNION TEMPLE
CORPORATION)
ONTARIO MUNICIPAL BOARD -
APPEAL
COMMITTEE OF ADJUSTMENT FILE
NO. A/185/02 (10.12)
YEAS: Regional
Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, (6)
NAYS: Mayor D. Cousens,
Deputy Mayor F. Scarpitti, Councillor S. Daurio. (3)
ABSENT: Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor K. Usman,
Councillor A. Chiu. (4)
Moved by Councillor K. Usman
Seconded by Councillor E. Shapero
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING - MAY 27, 2003
Moved by
Councillor K. Usman
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on May 27, 2003, be adopted.
CARRIED
4. DELEGATIONS
(1) Ronald K. Webb, Davis
Webb Schulze & Moon Barristers and Solicitors - on behalf of Roseport
Investments Ltd. and Landport Investments Ltd., the registered owner of the
land at 350 Yorktech Drive with respect to Hold Removal By-law No. 2003-190
(Constrada Aggregate Recycling Facility). (10.5 & 10.6)
(2) Glenn Baron - in
objection to the application by John Alexandris, 28 Riverbend Road stressing
the importance of Town-wide equality in development costing. (10.5) (Report No.
40, Clause 7)
(3) Sam Orrico - offering
comments on the matter of A-Frame signs being referred back to staff. (2.16)
(Report No. 40, Clause 13, Item 28)
(4) David McBeth -
expressing concern regarding the tree line on the property line at the site on
the northeast corner of Verclaire Gate and Highway 7 and the destruction of
some fifteen (15) trees which, in his opinion, cannot be replaced. (10.0)
(Motion 1)
…………………………………………..
Deputy Mayor F. Scarpitti vacated the Chair
and Mayor D. Cousens assumed the Chair.
…………………………………………..
5(a) REPORT NO. 38 - TRANSPORTATION COMMITTEE
Council
consented to separate Clauses (1) to (3).
Moved by
Regional Councillor T. Wong
Seconded by
Councillor J. Heath
That Report
No. 38 - Transportation Committee be received and adopted.
May 26, 2003
(1) MR. ARTHUR FREEMAN - PARKING ON
HOLSWORTHY CRESCENT
(5.12.4)
That the Council Extract of November 12, 2002 and staff report dated
October 28, 2002 be received;
And that the following deputations in objection to the parking
prohibition on Holsworthy Crescent, be received:
Mr. Arthur
Freeman, 6 Holsworthy Crescent
Ms. Renee
Kleiman, 5 Holsworthy Crescent
Ms. Sonia Elias,
10 Holsworthy Crescent
Mr. Brad Taylor,
9 Holsworthy Crescent
And that the following deputations in support of the parking
prohibition on Holsworthy Crescent, be received:
Mr. Steve Pandi,
4 Holsworthy Crescent
Ms. Dorothy
Camilleri, 3 Holsworthy Crescent
Ms. Mahia Sohali, 8 Holsworthy Crescent
And that the following correspondence from residents, distributed by
Councillor Shapero, be received:
original petition
with four (4) signatures of September, 2002
petition dated
March 28, 2003 with fourteen (14) signatures
letter from Ms.
Dorothy Camilleri dated April 14, 2003
letter from
Howard and Renee Kleiman dated March 26, 2003
And that the letter dated May 26, 2003 from Mrs. Stella Taylor be
received;
And that the parking prohibition remain on the north side of the south
leg of Holsworthy Crescent, from Waggoners Wells Lane, with the exception that
parking be reinstated between #8 and #10 Holsworthy Crescent;
And that the appropriate signage be moved accordingly;
And that, in the event of any abuse of the parking exception between
No. 8 and No. 10 Holsworthy Crescent, staff be authorized to reinstate the
"No Parking" restriction.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor T. Wong
Seconded by Councillor J. Heath
That Clause (1), Report No. 38 be amended to
add the following paragraph:
"And that, in the event of
any abuse of the parking exception between No. 8 and No. 10 Holsworthy
Crescent, staff be authorized to reinstate the "No Parking"
restriction."
CARRIED
(2) APPROVAL FOR NEIGHBOURHOOD
TRANSPORTATION
COMMITTEE 2003
TRAFFIC CALMING (5.12)
That the deputation by Mr. Joseph Gioia, 47 Hemlock Drive, in objection
to the installation of speed humps in the Town of Markham and to the
notification process followed by Town staff in accordance with the Class
Environmental Assessment, be received;
And that Council approve construction of the following traffic calming
projects for the 2003 Traffic Calming Programme:
|
|
WARD
|
STREET
NAME
|
NO. OF DEVICES
|
|
Thornhill
|
1
|
Henderson
Avenue - John St. to Glen Cameron Road
|
3
|
|
|
2
|
Simonston Boulevard, west side of Don Mills Road
|
4
|
|
Unionville
|
3
|
Main Street Unionville, From Hwy 7 to Carlton Rd
|
7
|
|
|
6
|
John Button Boulevard, in its entirety
|
8
|
|
Markham Village
|
4
|
Cairns Drive, in its entirety and Raymerville Drive, from Cairns
Drive to Stone Mason Drive
|
6
|
|
|
5
|
Larkin Avenue, from Mint Leaf Gate (west side) to Fincham Avenue
(north side) and Fincham Avenue, from Wootten Way North to 9th
Line
|
7
|
|
Milliken Mills
|
7
|
Elson Street and Featherstone Avenue, in their entirety
|
19
|
|
|
8
|
Mallory Avenue and Teddington Avenue, in their entirety
|
5
|
And that the construction of traffic calming
measures on portions of Main Street Unionville, Elson Street and Featherstone
Avenue be phased over the years 2003 and 2004 to maintain the 2003 budget of
$300,000.;
And that all nineteen (19) traffic calming
measures for Milliken Mills be completed in 2003 with costs to be upfronted
from the general rate stabilization fund and that they be considered the 2004
traffic calming measures;
And that all seven (7) traffic calming
measures for Unionville be completed in 2003 and that they be considered the
2004 traffic calming measures with costs upfronted from the general rate
stabilization fund.
CARRIED AS AMENDED
(See following motions to amend)
(See following recorded votes)
Moved by Councillor D. Horchik
Moved by Regional Councillor F. Scarpitti
That Clause (2), Report No. 38 be amended to
add the following paragraph:
"And
that all nineteen (19) traffic calming measures for Milliken Mills be completed
in 2003 with costs upfronted from the general rate stabilization fund and that
they be considered the 2004 traffic calming measures.
CARRIED AS AMENDED
(See following
recorded vote) (6:4)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero,
Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman. (6)
NAYS: Mayor D. Cousens,
Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik. (4)
Moved by
Councillor K. Usman
Moved by Regional Councillor T. Wong
That the motion to amend Clause (2), Report No. 38, be amended to
include the following:
“… and that they
be considered 2004 traffic calming measures.”
CARRIED
(See
following recorded vote) (7:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor D.
Horchik. (7)
NAYS: .Councillor J. Virgilio,
Councillor J. Heath, Councillor K. Usman. (3)
Moved by
Councillor J. Virgilio
Moved by Regional Councillor F. Scarpitti
That Clause (2), Report No. 38 be amended to
add the following paragraph:
“And that all seven (7) traffic calming measures for Unionville be
completed in 2003 and that they be considered the 2004 traffic calming measures with costs
upfronted from the general rate stabilization fund.”
CARRIED AS AMENDED
(See following recorded vote)
(6:4)
(See following motion to amend)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero,
Councillor J. Virgilio, Councillor J. Heath, Councillor K. Usman. (6)
NAYS: Mayor D. Cousens,
Councillor S. Daurio, Councillor G. McKelvey, Councillor D. Horchik. (4)
Moved
by Councillor J. Virgilio
Moved by Regional Councillor F. Scarpitti
That the motion
to amend Clause (2), Report No. 38 be
amended to include the following:
“…and that
they be considered the 2004 traffic calming measures with costs upfronted from
the general rate stabilization fund."
CARRIED
(See following recorded vote)
(7:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor D.
Horchik, (7)
NAYS: Councillor J.
Virgilio, Councillor J. Heath, Councillor K. Usman. (3)
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – MAY 26,
2003 (16.0) Weblink
5(b) REPORT NO. 39 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (2), (5), (8), (11) and (12).
Moved by Councillor
K. Usman
Seconded by
Councillor D. Horchik
That Report
No. 39 - Finance & Administrative Committee be received and adopted.
June 3, 2003
(1) THE CANADIAN DISTRICT ENERGY
ASSOCIATION'S
8TH ANNUAL CONFERENCE AND
EXHIBITION
JUNE 18-20, 2003, HILTON
SUITES, MARKHAM (12.2.6)
That
approval be granted to provide funds to Markham District Energy Inc., to an
upset limit of $1,850.00, for the provision of a promotion package to encourage
registration for the Canadian District Energy Association's 8th Annual
Conference and Exhibition, being held June 18-20, 2003 at the Hilton Suites
Toronto/Markham Conference Centre;
And
that this amount be funded through the Economic Development Business
Development Account #610-998-5808.
(2) 052-R-03 PC PROVISIONING AND
VALUE ADDED SERVICES (7.12
& 7.13)
That
the report dated June 2, 2003 entitled "052-R-03 PC (Personal Computer)
Provisioning and Value Added Services" be received;
And
that RFP 052-R-03 for PC Provisioning and Value Added Services be awarded to
IBM Canada Ltd., being the lowest bidder and highest ranked of all the
proponents, for the purchase of replacement desktops/laptops over the next
three (3) years; with the option to renew, after three years, at the Town's
sole discretion and for the delivery of Value Added Services, as required, to
enable the Town to strengthen its position as the High-Tech Capital of Canada;
And
further that the first year of the desktop computer replacement program be
funded from the 2003 ITS Capital Budget account #49-6150-5246-005 to an upset
limit of $570,100;
That Council
extend its sincere appreciation and congratulations to the Commissioner of
Corporate Services, the Chief Information Officer, the Manager of Purchasing,
and the Manager, Systems & Technology Support for their work on this
project;
And that the
compliments of Council also be extended to the firm of Gartner Consulting for
their work and expertise in this process.
CARRIED
(3) COUNCIL CALENDAR (16.23)
That
the presentation by the Commissioner of Corporate Services regarding the
proposed four week-rolling Council Calendar and Scheduling Procedure, be
received;
And
that the four-week rolling Council Calendar and Scheduling Procedure be
approved, subject to the following changes:
a) Calendar:
- a
third category of meetings be added "Other"
-
"other" meetings indicate "originally scheduled date"
-
specifically identify "Regional" meetings.
b) Scheduling Procedure:
- change title to "Procedure for
Scheduling Advisory, Ad Hoc and Sub-Committee
Meetings"
-
two dates and time slots to be suggested
-
delete Clause 3 of proposed staff procedure
-
request that Committee Chair always be consulted prior to scheduling meetings
- Chair also be involved if difficulties in
scheduling arise.
(4) GRANT REQUEST - CELEBRATION OF THE ARTS
(7.6)
That
Council approve the request for financial support from Metroland Newspaper
Group to support Celebration of the Arts to be held at the Markham Theatre on
October 19, 2003;
And
that Council approve an in-kind grant of $1,159.15 for the use of the Theatre
equal to the staffing and production cost.
(5) DEVELOPMENT CHARGES - CREDITS
TRANSFER OF CREDITS (7.11)
That the Mayor and Clerk be authorized to
execute a Development Charge Credit Assignment Agreement between Law Development
Group (Cornell) Limited, 2011445 Ontario Inc., 1440102 Ontario Inc., 2011446
Ontario Inc., Law Development Group (Holdings) Limited and The Corporation of
the Town of Markham;
And that Council delegate to the Treasurer
the authority to approve the execution of future development charge credit
assignment or transfer agreements or other similar documents, and when so
approved, the Mayor and Clerk be delegated the authority to execute such
agreements or documentation in a form satisfactory to the Town Solicitor.
CARRIED
(6) NOISE BY-LAW EXEMPTION - UNITE THE
NATIONS 2003 EVENT AT MARKHAM
FAIRGROUNDS (2.10)
That
the request from de Islandboyz Promotions Inc. for an exemption to the Town of
Markham's Noise By-law for the purpose of "Unite the Nations 2003" on
Sunday, June 29, 2003 from 5:00 p.m. to midnight to permit amplified music at
the Markham Fairgrounds be approved;
And
that the Organizer publish a notice of the hours in the Markham Economist and
Sun two weeks prior to the event;
And
that York Region be informed of the application for exemption.
(7) NOISE BY-LAW EXEMPTION - RELAY FOR LIFE
CANADIAN CANCER SOCIETY (2.10)
That the
following resolution be ratified and confirmed:
That the request from the Canadian Cancer
Society for an exemption to the Town's Noise By-law No. 2002-275 on June 7,
2003 from 5:00 p.m. to Midnight to permit amplified music during their Relay
for Life 2003 activities at the Markham Fairgrounds be approved;
And that the Canadian Cancer Society publish
a notice of the hours in the Markham Economist and Sun two weeks prior to the
event;
And that York Region be informed of the
application for exemption.
(8) REQUEST FOR PROPOSAL FOR DETAILED REVIEW
OF CORPORATE COMMUNICATIONS
(12.2 & 7.0)
That
the report dated June 2, 2003 entitled "Request for Proposal for a
Detailed Review of Corporate Communications" be received and endorsed in
principle;
And
that the matter be referred to the June 16, 2003 Finance and Administrative
Committee meeting.
CARRIED
(See following motion
to amend)
(See following motion
to amend which was lost)
(See following
recorded vote which was lost) (4:6)
Seconded by Councillor K. Usman
That Clause (8),
Report No. 39 be deleted in its entirety and the following be substituted
therefore:
“That the report dated June 2, 2003 entitled "Request for Proposal
for a Detailed Review of Corporate Communications" be received and
endorsed in principle;
And that the matter be
referred to the June 16, 2003 Finance and Administrative Committee meeting.”
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor F. Scarpitti
That
consideration of the request for proposal for detailed review of Corporate
Communications be referred to the June 16, 2003 Finance and Administrative
Committee meeting to provide details and clarity surrounding the former
Communications Committee.
LOST
Moved by Regional Councillor F. Scarpitti
Seconded by Councillor K. Usman
That cost
consideration of the request for proposal for detailed review of Corporate
Communications be deferred until the next term of Council.
LOST
(See
following recorded vote) (4:6)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor E. Shapero,
Councillor K. Usman. (4)
NAYS: Mayor D. Cousens,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Heath, Councillor D. Horchik. (6)
ABSENT: Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor A. Chiu. (3)
(9) MARKHAM THEATRE RENTAL RATES FOR FISCAL
2004 (6.2 & 7.0)
That
the report dated June 2, 2003, entitled "Markham Theatre Rental Rates for
Fiscal 2004" be received;
And
that the following rental rates for Markham Theatre be approved:
Community Base Building Rate (no increase) $470.00 / 8 hours
Commercial Rental Rate $1,495.00
/ 8 hours
Technician Staff $26.50
/ hour
Backstage Supervisor $29.50
/ hour
House Manager $20.00
/ hour
Usher Staff $11.75
/ hour
Premium for Commercial rental on Fridays & Sundays $190.00 / day
Premium for Commercial rental on Saturdays $275.00 / day
And that the increase for rentals be
effective for January 1, 2004;
And that the additional $5,000 in revenue go
into theatre operating revenue accounts for 2004.
(10) REIMBURSEMENT TO DANIELS SLV CORPORATION
FOR CONSTRUCTION OF
TOWN-RELATED
PARK WORKS AT SWAN LAKE PARK
(7.12 & 6.3)
That staff be
authorized, in accordance with the Phase 2, Swan Lake Residential Subdivision
Agreement, 19T-93004, dated November 13, 2000, to establish two Purchase
Orders, as outlined below, in order to permit reimbursement to Daniels SLV
Corporation for all approved costs (not to exceed the current approved budget
amount of $727,300.00) that are associated with the construction and detailed
design of Block 30 and 31 of Swan Lake Park;
And that the
existing Purchase Order #B3-31 issued to Daniels SLV Corporation be increased
from $52,662.73 to $575,305.90 inclusive of 7% GST ($553,799.21 inclusive of 3%
GST) for park construction works that the Town is responsible for on Block 30
as well as approved design fees, contract administration fees, and testing and
contingency allowances associated with this project;
And that a
provisional Purchase Order in the amount of $171,612.70 inclusive of 7% GST
($165,197.27 inclusive of 3% GST) be issued to Daniels SLV Corporation for park
construction works that the Town may be responsible for on Block 31. No
expenditure will be permitted until Block 31 is accepted as parkland. The
Purchase Order will be revoked should the Town not accept Block 31 as parkland;
And further
that funding for Town-related park design, contract administration and
construction works for Blocks 30 and 31 at Swan Lake Park be from the 1998
Capital Account # 81-5300-008-005 in the amount of $33,000.00; 2001 Capital
Account #81-5399-3623-005 in the amount of $194,300.00, and; 2003 Capital
Account #81-5350-5193-005 in the amount of $500,000, which collectively totals
$727,300.00.
(11) PHOTO RADAR - SPEEDING (5.12)
WHEREAS there were 733 fatal auto collisions
in Ontario in 2001;
AND WHEREAS 845 people were killed in Ontario
auto collisions in 2001;
AND WHEREAS there were 636,594 convictions
for speeding offences in Ontario in 2001;
AND WHEREAS convictions for speeding offences
have risen 28 percent since 1997;
AND WHEREAS aggressive and unsafe driving is
a threat to the quality of life in Markham and other Ontario municipalities;
NOW THEREFORE, BE IT RESOLVED THAT:
The Province of Ontario be requested to amend
the regulations under the Highway Traffic
Act to include Markham in the list of municipalities permitted to
introduce red light cameras to discourage drivers from running red lights;
The Province of Ontario be requested to amend
the regulations under the Highway Traffic
Act to implement the use of photo-radar in Markham to discourage
speeding;
The Province of Ontario be requested to amend
the Highway Traffic Act and the Provincial Offences Act to permit
municipal law enforcement officers to enforce speed limits and stop sign and
traffic signal violations; and
The Region of York be requested to increase
police enforcement of traffic violations within Markham;
And a copy of this resolution be sent to the
Region of York, the Regional Municipality of York Police Services Board, York
Regional M.P.P.'s, Cabinet Ministers, and the Association of Municipalities of
Ontario.
CARRIED AS AMENDED
(See following motion to amend)
(See following recorded vote)
(10:0)
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That Clause (11), Report No. 39 be amended to add "… and the Association of Municipalities of
Ontario." to the last paragraph.
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor
S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor G.
McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman. (10)
ABSENT: Regional
Councillor G. Landon, Regional Councillor B. O'Donnell, Councillor A. Chiu. (3)
(12) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF
FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – JUNE 3,
2003 (16.0) Weblink
5(c) REPORT NO. 40 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1),
(2), (6), (7) (8), (12), and (13).
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Report No. 40 - Development Services
Committee be received and adopted.
June 3, 2003
(1) 16TH AVENUE
DEWATERING (2.10, 5.5)
That the Ministry of Environment be advised
of the Town of Markham’s concerns, and be requested to defer approval of the 9th
Line-Stouffville sewer project until the Town is satisfied by the mitigation
measures with respect to dewatering.
TABLED
(See
following motion to table)
(2) APPROVAL OF STREET NAME ADDITIONS TO THE
RESERVE LIST
(10.14) Weblink
That Development Services Committee approve those street names proposed
during the first and second quarters of 2003, to date, for the street name
reserve list, as noted on Appendix ‘A’ to the June 3, 2003 staff report, and as
amended by: deleting names with “Cornell” and “Rouge” in them; and reserving
the name “Box Grove Boulevard” for the 9th Line for the north/south
road in the old hamlet.
CARRIED AS AMENDED
(See following motion
to amend)
Seconded by Councillor K. Usman
That Clause (2), Report No. 40 be amended to add "… for the north/south road in the old
hamlet." to the end of the paragraph.
CARRIED
(3) FINAL
ASSUMPTION OF RESIDENTIAL PLANS OF SUBDIVISION (10.7)
Whereas by Memorandum dated April 24, 2003
the Director of Engineering advised that the gurarntee periods for Registered
Plans 65M-3025, 65M-3026, 65M-3042, 65M-3018, 65M-3238, 65M-3102 and 65M-2994
have expired and all securities have been returned to the owners;
Now therefore be it resolved:
That the services in the following
subdivisions be assumed:
·
Valentina Management Corporation (Cachet Woods Phase 3) - 65M-3025 & 65M-3026
·
Monarch Construction Limited (Chartwell Gardens, Phase 2) - 65M-3042
·
Monarch Construction Limited (Bridle Trail Phase 5, Stage
4-A) - 65M-3018
·
Aragon Investments (Ontario) Ltd. - 65M-3238
·
Monarch Construction Limited (Bridle Trail Phase 5, Stage
4-B) - 65M-3102
·
Invar (York) Limited
- 65M-2994;
And that the Mayor and Clerk be authorized to
execute the necessary releases from the terms of the subdivision agreements;
And further that the necessary by-laws by
enacted to establish roads within subdivisions as part of the highways of the
Town of Markham.
(By-laws
2003-169 to 2003-174)
(4) JAMES
STREZOS 7070 BAYVIEW AVENUE “ALDEBARRON”
SITE PLAN APPROVAL FOR A SINGLE DETACHED DWELLING
(SC.03-108869) (10.6) Weblink
That the report dated June 3, 2003 entitled
“Application by James Strezos for Site Plan Approval for a Single Detached
Dwelling 7070 Bayview Avenue “Aldebarron” (SC.03-108869)” be received;
And that the
Site Plan Approval application be denied.
(5) UNIONVILLE HOMES
SOCIETY MILLENNIUM PROJECT
4300 HIGHWAY #7 EAST, PLAN #2886, BLOCK C AND PART OF
BLOCK B AND D, SITE PLAN AND ZONING APPLICATIONS
(SC 00-241797, ZA 00-242730) (10.5, 10.6)
Weblink
That the
report dated June 3, 2003, entitled, “Recommendation Report - Unionville Homes Society Millennium
Project - Site Plan and Zoning Amendment Applications for 4300 Highway #7 East,
Markham Ontario, Plan #2886, Block C and Part of Block B, File Number SC
00-241797 and ZA 00-242730” be received;
That the
record of the Public Meeting held on Tuesday, March 25, 2003 with respect to
the re-zoning application be received;
That
the zoning application (ZA 00-24273) submitted by the Unionville Homes Society
be approved, and the draft zoning by-law amendment attached as Appendix ‘A’ be
enacted;
And
that the site plan application submitted by the Unionville Homes Society, file
number SC 00.241797, be approved subject to the following conditions:
- That the owner enter into a site plan
agreement with the Town, containing all standard and special provisions
and requirements of the Town, Region of York and other authorized public
agencies, including access requirements on Highway #7 East, to the
satisfaction of the Region of York Transportation and Works Department,
prior to commencing any work on the site or road allowance, including
providing any associated financial securities required by the Region;
- That prior to final approval of the site
plan, the owner shall provide to the Town of Markham plans that reflect
the recommendations of the technical studies to be finalized to the
satisfaction of the Town;
- That
prior to final approval of the site plan, the owner shall obtain all
Committee of Adjustment approvals for consent to convey easements for
servicing, pedestrian, and vehicular access;
- That
prior to the execution of the site plan agreement, the owner obtain legal
ownership of the lands to be transferred from the Ontario Realty
Corporation to the Town of Markham, and then transferred from the Town of
Markham to the Unionville Homes Society.
Alternatively, the final site plan would need to be revised to
function based on the owner’s current land holding, to the satisfaction of
the Town.
- That prior to the execution of the site
plan agreement, the owner shall submit final drawings, including but not
limited to, site plans and elevations drawings, landscape plans, and
engineering drawings that comply with all requirements of the Town and
authorized public agencies, to the satisfaction of the Commissioner of
Development Services;
- That the owner shall ensure satisfactory
arrangements have been made to satisfy all obligations, financial or
otherwise required in the site plan agreement, including provision for
payment of all applicable fees, recoveries, cash-in-lieu of parkland,
Developer’s Group obligations, local services contributions and
development charges;
- That the owner shall covenant and agree
in the site plan agreement to deposit a Letter of Credit for the
urbanization of the Highway #7 East frontage of the subject lands by the
applicant, including utility and sidewalk locations to the satisfaction of
the Town and the Region of York;
- That the owner shall covenant and agree
in the site plan agreement to provide a master landscaping plan, to be
integrated in phases, to the satisfaction to the Commissioner of
Development Services;
- That the owner shall covenant and agree
in the site plan agreement to provide a Letter of Credit for the on-site
storm water management and installation of external storm sewer
improvements to the satisfaction to the Commissioner of Development
Services;
- That the owner shall covenant and agree
in the site plan agreement to protect and provide for the conveyance to
the Region of York of any future road widenings or grade separation of
Highway #7 East, to accommodate any future rapid transit corridor and/or
station locations, provide an easement for the future installation of
municipal services, and provide a Letter of Credit and enter into a
services-in-lieu agreement for the extension of municipal services along
Highway #7 East;
- That the owner shall covenant and agree
in the site plan agreement to reimburse the Town of Markham for any costs
incurred associated with the land transaction from the Ontario Realty
Corporation (ORC) to the Unionville Homes Society.
- That the owner shall covenant and agree
in the site plan agreement to indemnify the Town of Markham, its
employees, elected officials, contractors and agents against any and all
actions, causes of actions, suits, claims and demands whatsoever which may
arise either directly or indirectly by reasons of undertaking any of the
owner’s work with respect to the development proposal, the decommissioning
and ongoing maintenance of the existing building, or the lands transferred
into the ownership of the Unionville Homes Society by the Town of Markham
and any infrastructure improvements associated with the future widening of
the GO Transit rail corridor.
- That the owner shall covenant and agree
in the site plan agreement to protect for an approximate 3 to 4 metre
future widening of the GO Transit rail corridor and possible grade
separation as determined by future studies to be undertaken by the Region
and/or GO Transit;
- And further that the site plan approval
will lapse after a period of three years commencing June 3, 2003, in the
event that a site plan agreement is not executed during that period.
(By-law 2003-175)
(6) RODEO FINE HOMES INC.
348 STEELES AVENUE EAST AND 2 VALLONCLIFFE ROAD
SITE PLAN APPROVAL, SECONDARY PLAN ADOPTION
AND ZONING BY-LAW (OP.02-110493, ZA.02-110495, SC.02-110496)
(10.4, 10.5, 10.6) Weblink
That the deputation by Ms. Ronnit Mamber, 3 Huckleberry Lane, regarding
concerns for the application by Rodeo Fine Homes Inc., be received;
And that the
report dated June 3, 2003 entitled "Rodeo Fine Homes Inc. - Site Plan
Approval, Secondary Plan Adoption and Zoning By-Law Enactment to Permit Ground
Oriented Attached Dwellings at 348 Steeles Avenue East and 2 Valloncliffe Road,
In accordance with Council’s Decision to Approve the Re-development of the
Site, Files OP.02-110493, ZA.02-110495 and SC.02110496" be received;
And that the Official Plan Amendment, attached as Appendix ‘A’ to the
report dated June 3, 2003, be adopted;
And that the
by-law to amend By-law 1767, as amended, attached as Appendix ‘B’ to the report
dated June 3, 2003, be enacted;
And that a exemption to By-law 277-97, the Town’s Fence By-law be
approved to permit a 2.1 metre high fence along the length of the north
property line;
And that water
supply allocation for nine units be granted to the property from the Town’s
reserve;
And that the
Town has the right to revoke or reallocate such water allocation should
construction not proceed in a timely manner;
And that the
owner obtain approval from the City of Toronto, for the private walkways over
the Steeles Avenue East Road allowance;
And that the
owner pay for all cost associated with the relocation of utilities within the
right-of-way as may be required;
And
that the site plan application be approved, subject to the following
conditions:
1. The site plan, landscape plan and the
building elevation drawings be finalized to the satisfaction of the
Commissioner of Development Services;
2. The
Owner entering into a site plan agreement with the Town containing all standard
provisions and requirements of the Town and public agencies, including the specific requirements
identified in the staff report;
3. The
site plan agreement shall include provisions for the payment by the Owner of
all applicable fees, recoveries, development charges, cash-in-lieu of parkland
and other financial obligations;
4. The site plan approval shall lapse after a
period of three years commencing June 3, 2003 in the event that the Owner does
not enter into a site plan agreement with the Town during that period;
5. The site plan agreement shall contain a
provision requiring the owner to convey a 0.3 metre reserve at the west end of
the private lane to the Town, free of all costs and encumbrances, upon
registration of the site plan agreement, to the satisfaction of the
Commissioner of Development Services;
6. The
site plan agreement shall contain a provision requiring the owner to convey an
easement or right of way to the Town over the private lane, upon registration
of the site plan agreement, to provide access for the Town to the 0.3 metre
reserve located and the west end of the private lane and the abutting owners to
the west, if required by the Town, for on site access integration;
7. The
site plan agreement shall contain provisions requiring the owner(s) to provide
easements over the private lane, to the adjoining properties owners for on-site
access integration, when and if requested to do so by the Town and that all
offers of purchase and sale include a clause notifying prospective purchasers
of this requirement;
8. The
site plan agreement shall contain provisions that hydro electric, telephone,
gas and television cable services, and any other form of telecommunication
services shall be constructed at no cost to the Town as underground facilities
within the public road allowances or within other appropriate easements, to the
satisfaction of the Town (Commissioner of Development Services) and authorized
agencies;
9. The
site plan agreement shall contain provisions requiring the Owner to enter into
any agreement or agreements required by any applicable utility companies,
including Markham Hydro, Consumers Gas, telecommunications companies, etc.;
10. The
owner submitting a Landscape Plan, prepared by a Landscape Architect, having
O.A.L.A. membership, for approval by the Commissioner of Development Services,
prior to the execution of the site plan agreement;
11. The
Site Plan Agreement including provisions for satisfying Town Departments
including all requirements of the Director of Engineering, the Fire Department
and the Waste Management Department;
12. The Owner submitting a Noise Impact Study,
prepared by a qualified noise consultant, with recommended mitigation measures
for noise generated by road traffic on Steeles Avenue East and by any other
identified noise sources, to the satisfaction of the Town, in consultation with
the Region of York; and
13. The
Owner agreeing in the site plan agreement to implement noise control measures
and include warning clauses as recommended by the approved Noise Impact Study,
to the satisfaction of the Town (Commissioner of Development Services).
14. The
site plan agreement shall contain provisions requiring the current and future
owners to enter into a shared facilities agreement between the parties, to be
registered on title to the lands. This
agreement shall be binding on the parties and shall provide for the ongoing
shared maintenance of fences, landscaping, roads including private roads and
roofs and snow removal by all of the units owners.
15. The site plan agreement shall be registered on title to the lands.
And
that staff assist in negotiations
between the property owners on this issue of the impact of the noise-barrier
fencing on the existing cedar trees along the property line of 3 Huckleberry
Lane.
(By-laws 2003-176 &
2003-177)
CARRIED
(Councillor
J. Virgilio abstained)
(7) JOHN ALEXANDRIS, 28 RIVER BEND ROAD
REZONING TO ACCOMMODATE SEVERANCE TO CREATE
3 SINGLE DETACHED LOTS (ZA.02-111344) (10.5)
Weblink
That the deputations by Mr. Mel Winch, and Mrs. Kember, regarding the
application by John Alexandris for 28 River Bend Road, be received;
And that the
record of the Public Meeting held on March 25, 2003 regarding the proposed
rezoning application be received;
And that the application
(ZA.02-111344) to amend By-law 122-72, submitted by John Alexandris, be
approved, and that the restoration work within the environmental buffer zone be
conducted by the Town at the expense of the applicant, and the amending Zoning
By-law attached as Appendix ‘A’ to the June 3, 2003 report be enacted.
(By-law
2003-178)
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (7), Report No. 39 be amended to
add "… and that the restoration
work within the environmental buffer zone be conducted by the Town at the expense
of the applicant," to the last paragraph, after the words "…submitted
by John Alexandris, be approved, …”
CARRIED
(8) BUTTONVILLE CRESCENT SANITARY SERVICING
COMMUNITY IMPROVEMENT (MI471)(5.4, 5.5)
Weblink
Council consented to separate paragraph 1.
That the Town of Markham’s established practice that the provision of
municipal sanitary sewers and watermains in the urban area be financed under
the provisions of the Local Improvement Charges Regulations (O.Reg. 119/03),
unless alternative non-tax related funding is available (i.e. developer
funding, Infrastructure Program or other means), be reaffirmed;
CARRIED
And that, on an exception basis, the
Buttonville Crescent (East and West) Heritage Conservation District Study Area
be provided municipal servicing (sanitary and water) as follows:
·
Sanitary servicing be funded 50%
by a grant from the Town, and 50% by a special by-law to impose fees and charges
made under section 391 of the Municipal Act,
2001, with the Town of Markham upfronting the cost ($168,000) with
subsequent recovery of the applicable 50% from the property owners
·
Upgrade of the municipal
watermain system ($223,000), including road restoration, from water reserves
And that staff report back with the details
of the fees and charges by-law and funding source, and on the possibility of a
link to Heritage easements for Council’s approval, as soon as possible, but no
later that July 7, 2003;
And
that Council authorize the expenditure of $10,000 from water reserves account
to allow commencement of the design phase, to ensure completion of the project
by the end of the year.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor
D. Horchik
Seconded by
Regional Councillor T. Wong
That Clause (8),
Report No. 40 be amended to add the following paragraph:
"And that Council
authorize the expenditure of $10,000 from water reserves account to allow
commencement of the design phase, to ensure completion of the project by the
end of the year."
CARRIED
(9) URBAN DESIGN AWARDS (10.0)
That the staff
memo dated June 3, 2003 and the staff presentation regarding the Markham Design
Excellence Awards Program 2003, be received;
And that Councillor George
McKelvey be appointed Chair of the Markham Design Excellence Awards Program
2003;
And that the
People’s Choice Award category be eliminated;
And that the
schedule be endorsed, with the exception of the Jury Review Day being moved to
October 15.
(10) IBM CANADA LIMITED -
8200 WARDEN AVENUE
APPLICATION TO EXTEND TEMPORARY USE BY-LAW
TO PERMIT A TEMPORARY PARKING LOT (ZA.03108893) (10.5)
That the Development Services Commission
Report dated June 3, 2003, entitled “IBM Canada Limited, 8200 Warden Avenue,
Application to extend Temporary Use By-law to Permit a Temporary Parking Lot”,
be received;
And that the record of the Public Meeting
held on June 3, 2003, with respect to the application File ZA.03108893,
submitted by IBM Canada Limited, for extension of a temporary use by-law to
permit a temporary parking lot at 8200 Warden Avenue, be received;
And that the zoning amendment application
submitted by IBM Canada Limited (ZA 03108893) to amend By-law 304-97, to permit
the lands at 8200 Warden Avenue to continue to be used for a temporary parking
lot for a further 3 years, be approved;
And that the by-law amendment attached as
Appendix ‘A’ to the report dated June 3, 2003, be enacted;
And that IBM Canada Limited be congratulated
and encouraged to continue pursuing their initiatives in promoting employee
alternative transportation methods;
And that IBM Canada Limited be strongly
encouraged to participate in the various transportation initiatives described
in this report, to achieve the goal of an environmentally sustainable Markham
Centre supported by a transportation network;
And that more specifically, IBM Canada
Limited be requested to identify a Travel Demand Management coordinator from
their corporation to work with the Town’s Travel Demand Management organization
and to confirm a senior executive appointment to sit on the inaugural Markham
Centre Travel Demand Management organization or Board;
And further that vehicular trip reductions
and other accomplishments for the subject site over the next three years be
demonstrated to Council prior to any further extensions of the temporary use
by-law for surface parking.
(By-law 2003-179)
(11) 3170497 CANADA INC. (GWL
REALITY ADVISORS)
11, 15, 19 & 27 ALLSTATE PARKWAY AND 80 FRONTENAC DR.
ZONING BY-LAW AMENDMENT TO PERMIT DAY CARE CENTRE
(ZA.03-108037) (10.5)
That the record of the Public Meeting held on
June 3, 2003, with respect to the application by 3170497 Canada Inc. (GWL
Realty Advisors) for an amendment to the Zoning Bylaw to permit one day care
centre at 11, 15, 19 and 27 Allstate Parkway and 80 Frontenac Drive, be
received;
Development Services Commission Report dated
June 3, 2003, entitled “IBM Canada Limited, 8200 Warden Avenue, Application to
extend Temporary Use By-law to Permit a Temporary Parking Lot”, be received;
And
that the application to amend zoning by-law 165-80, as amended, be enacted
without further notice.
(12) TOWN INITIATED OFFICIAL
PLAN AMENDMENT
SIXTEENTH WARDEN LIMITED, WEST
OF WARDEN AVENUE,
SOUTH OF WILLOW CREEK DRIVE
AND BERNADOTTE DRIVE
(OP.02-110942) (10.3)
That the memorandum from Dan Horchik, Ward
Councillor, dated June 3, 2003, with respect to Town initiated Official Plan
amendment application File OP.02-110942, be received;
And that the Development Services Commission
report dated February 18, 2003 entitled "Sixteenth Warden Limited - Cachet
Enclave, Town Initiated Official Plan Amendment to Incorporate Site Specific
Policies for the Lands Designated as Urban Residential, West of Warden Avenue,
South of Bernadotte and Willow Creek Drives" be received;
And that the Record of the Public Meeting
held on June 3, 2003 with respect to the proposed amendment to the Official
Plan be received;
And
that the Town initiated Official Plan amendment be approved as amended by the
memorandum from the Ward Councillor, dated June 3, 2003;
And further
that the proposed amendment to the Official Plan be enacted without further
notice.
(By-law 2003-180)
CARRIED
(13) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JUNE 3,
2003 (16.0) Weblink
6. MOTIONS
Council consented to add Motions (1) to (6)
(1) DESTRUCTION
OF TREES
VERCLAIRE GATE AND HIGHWAY 7
(10.0)
Moved
by Councillor J. Virgilio
Seconded
by Regional Councillor F. Scarpitti
That a strong message be sent to the owner of the property located at
the northeast corner of Verclaire Gate and Highway 7 indicating the
disappointment of Town of Markham Council regarding their actions in cutting
all the trees from the site contrary to Town policy and tree preservation
requirements;
And that the applicant be directed to cease and desist from the removal
of the cutting of trees and stubs so as to obtain an inventory of the destroyed
trees and to ascertain compensation;
And that the Region of York be requested to visit the site and to
review whether charges can be laid under the Region’s Tree Preservation By-law.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) DESTRUCTION
OF TREES
VERCLAIRE GATE AND HIGHWAY 7
(10.0)
Moved by Councillor D. Horchik
Seconded by Regional Councillor T. Wong
That staff be directed to bring forward a report and Tree Preservation
By-law to the first Community Services and Environment meeting scheduled to be
held in Fall, 2003.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) DESTRUCTION
OF TREES
VERCLAIRE GATE AND HIGHWAY 7
(10.0)
Moved by Councillor E. Shapero
Seconded by Councillor D. Horchik
That staff be directed to immediately report back on information
regarding the Town’s process regarding tree preservation and on a procedure to
be followed by residents to report such action as the illegal destruction of
trees.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) FEDERATION
OF CANADIAN MUNICIPALITIES
SUSTAINABLE COMMUNITIES AWARD
(12.2.6)
Moved by Councillor D. Horchik
Seconded by Councillor J. Virgilio
That congratulations be extended to Town of Markham staff, members of
the Markham Centre Steering Committee, and members of the community for their
excellent work in achieving the Federation of Canadian Municipalities
Sustainable Community Award in the Sustainable Community Planning category for
the Performance Measures Document in connection with Markham Centre.
CARRIED
(2/3rd vote to consider was
required and obtained)
(5) 6. HIGHWAY 48/MAIN STREET
TRANSFER OF JURISDICTION (5.10 & 13.2.7)
That the matter relating to the transfer of
jurisdiction of Highway 48/Main Street Markham, between 16th Avenue
and the Markham By-Pass be deferred and referred to the next meeting of the
Main Street Markham Committee.
CARRIED
(2/3rd vote to consider was
required and obtained)
(6) MARKHAM STOUFFVILLE
HOSPITAL REQUEST FOR
PARTICIPATION AT 19TH ANNUAL GOLF TOURNAMENT
MONDAY, AUGUST 11, 2003 (12.2.6)
Moved by Regional Councillor F. Scarpitti
Seconded by Regional Councillor T. Wong
That the Town of Markham sponsor a hole at
the Markham Stouffville 19th Annual Golf Tournament on Monday,
August 11, 2003 at an upset limit of $500.00.
CARRIED
(2/3rd vote to consider was
required and obtained)
7. COMMUNICATIONS
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor F. Scarpitti
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
145-2003 Special Community
Services Committee Meeting - Minutes dated May 26, 2003. (16.0)
146-2003 Association of
Municipalities of Ontario - Requesting nominations to the 2003-2004 AMO Board
of Directors. (13.12.2)
147-2003 Proclamation -
Parkinson's Awareness Day - September 14, 2003. (3.4)
148-2003 Shoeless Joe's,
9441 Highway 48, Unit 1 - Request for a "No Objection" letter from
the Town of Markham to apply for a Temporary Extension of Liquor Licence for
the celebration of their 1st anniversary party in the parking lot. The event is being held on July 5, 2003 from
11:00 a.m. to 1:00 a.m. (3.21)
149-2003 Liquor Licence
Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for Britannia Pub & Grill, 7359 Yonge Street, Thornhill
(Outdoor). (3.21)
150-2003 Markham And East York Agricultural Society - Request
of the General Manager to close Elgin Mills Road between Highway 48 and McCowan
Road to all but Markham Fair traffic for the duration of the Markham Fair which
is being held from October 2 to 5, 2003, be approved, subject to (a) standards
set down by the Fire Department to ensure that access for emergency vehicles or
alternate routes are maintained and kept clear at all times; (b) the Markham
Fair Board controlling traffic on Elgin Mills Road between Highway 48 and the
entrance to the fairgrounds to one way westbound (c) the provision of necessary
policing of McCowan Road and the entrances to the fairgrounds on Elgin Mills Road.
(3.5.1) (By-law 2003-183)
8. BY-LAWS
Council
consented to withdraw By-law 2003-178 and separate By-laws 2003-176, 2003-177,
and 2003-190.
Moved by
Councillor G. McKelvey
Seconded by
Councillor D. Horchik
That By-laws
176 and 177 be given three readings and enacted.
Three Readings
BY-LAW 2003-176 A by-law to adopt Official Plan Amendment No. 108 (Rodeo Fine
Homes Inc., 348 Steeles Avenue East and 2 Valloncliffe Road - To permit a
townhouse development).
(Clause 6, Report No. 40, 2003)
CARRIED
(Councillor J. Virgilio abstained)
BY-LAW 2003-177 A by-law to amend Zoning By-law 1767 (Rodeo Fine Homes Inc., 348
Steels Avenue East and 2 Valloncliffe Road - To permit the development of nine
ground oriented attached dwelling Units).
(Clause 6, Report No. 40, 2003)
CARRIED
(Councillor J. Virgilio abstained)
Moved by
Councillor G. McKelvey
Seconded by
Councillor K. Usman
That By-law
190 be given three readings and enacted.
Three Readings
BY-LAW 2003-190 A by-law to amend Zoning By-law 165-80, as amended (Constrada
Aggregate Recycling Facility, 350 Yorktech Drive - To remove the (H) Hold
provision).
CARRIED
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Heath
That By-laws 2003-169
to 2003-175, 2003-179 to 2003-189 and 2003-191 be given three readings and
enacted.
Three Readings
BY-LAW 2003-169 A by-law to establish the street laid out according to Plans of
Subdivision 65M-3025 & 65M-3026 as public highway (Valentina Management
Corporation, Part of Lots 16 & 17, Concession 4, 65M-3025 (Wild Orchid
Crescent & Tea Rose Street) and 65M-3026 (Nufield Gate, Tea Rose Street
& Spring Blossom Crescent)).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-170 A by-law to establish the street laid out according to Plan of
Subdivision 65M-3042 as public highway (Monarch Construction Limited, Part of
Lot 2, Concession 6 - Hillcroft Drive, Gillingham Avenue, Cairncross Crescent
and Worthing Avenue).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-171 A by-law to establish the street laid out according to Plan of
Subdivision 65M-3018 as public highway (Monarch Construction Limited, Part of
Lot 13, Concession 6 - Halterwood Circle).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-172 A by-law to establish the street laid out according to Plan of
Subdivision 65M-3238 as public highway (Aragon Investments (Ontario) Limited,
Block 5, Plan 65M-2495 - Crispin Court & Granville Gate).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-173 A by-law to establish the street laid out according to Plan of
Subdivision 65M-3102 as public highway (Monarch Construction Limited, Part of
Lots 12 and 13, Concession 6 - Canterfield Close).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-174 A by-law to establish the street laid out according to Plan of
Subdivision 65M-2994 as public highway (Invar (York) Limited, Part of Lot 6,
Concession 8 - Roxbury Street, Promelia Court, Peamain Court & Elvira
Crescent).
(Clause 3, Report No. 40, 2003)
BY-LAW 2003-175 A by-law to amend Zoning By-law 122, 72, as amended (Unionville
Homes Society, 4300 Highway No. 7 East, Plan 2886, Block C and Part of Block B
& C - To provide for the expansion of the existing Union Villa long-term
care facility).
(Clause 5, Report No. 40, 2003)
BY-LAW 2003-178 A by-law to amend Zoning By-law 122-72, as amended (John
Alexandris, 28 River Bend Road - To permit the creation of three lots with lot
frontage ranging from 16 metres to 22 metres, and a minimum lot area of 350m2).
(Clause 7, Report No. 40, 2003) WITHDRAWN
BY-LAW 2003-179 A by-law to amend Zoning By-law 304-87, as amended (IBM Canada
Limited, 8200 Warden Avenue, Concession 4, Part Lot 9 - To permit a temporary
parking lot) (Repeals By-law 106-2000).
(Clause 10, Report No. 40, 2003)
BY-LAW 2003-180 A by-law to adopt Official Plan Amendment No. 109 (Sixteenth -
Warden Limited, Cachet Enclave, west of Warden Avenue, south of Bernadotte and
Willow Creek Drives, Part of Lots 17 and 18, Concession 4 - Town initiated
Official Plan Amendment to Incorporate Site Specific Policies for the Lands
Designated as Urban Residential).
(Clause 12, Report No. 40, 2003)
BY-LAW 2003-181 A by-law to amend By-law 148-1999, being a by-law to establish a
Town-Wide Soft Services Development Charge for the Town of Markham (To remove
the portion of the development charges that relates to transit services).
(Committee of the Whole - June 10, 2003)
BY-LAW 2003-182 A by-law to establish a new Area-Specific Development Charges
By-law for the South Unionville-Helen Avenue Area 42A-1 Development Area of the
Town of Markham.
(Committee of the Whole - June 10, 2003)
BY-LAW 2003-183 A by-law to authorize the temporary closing of Elgin Mills Road
between Highway 48 and McCowan Road to facilitate the Markham Fair - October 2
to 5, 2003. (Communication No. 150-2003)
BY-LAW 2003-184 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Eden Oak (Unionville) Inc. - north of Highway 407,
west of McCowan Road, Lots 3 to 16, 27 to 67, Blocks 68, 70 to 73, 75 to 78 and
Block 85, Plan 65M-3654).
BY-LAW 2003-185 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Wismer Markham Developments Inc. - Lots 51, 52, 71
to 88 both inclusive, 108 to 117 both inclusive, 138 to 144 both inclusive and
158, Plan 65M-3633 and Lots 1 to 7 both inclusive and Lots 14 to 16 both
inclusive, Plan 65M-3634).
BY-LAW 2003-186 A by-law to amend Zoning By-law 177-96, as amended (Best Homes
(Abidien Inc.), north side of Helen Avenue, east of Harry Cook Drive,
19TM-98005, Phase 3B- To remove the (H) Hold provision).
BY-LAW 2003-187 A by-law to amend Zoning By-law 177-96, as amended (Best Homes
(Abidien Inc.), north side of Helen Avenue, west of Kennedy Road, 19TM-97009,
Phase 3A - To remove the (H) Hold provision).
BY-LAW 2003-188 A by-law to amend Zoning By-law 177-96, as amended (Eden Oak
(Unionville) Inc., north side of Highway 407, west of McCowan Road, 19TM-98018,
Phase 2 - To remove the (H) Hold provision).
BY-LAW 2003-189 A by-law to amend Zoning By-law 47-85, as amended (Wu
International Group, 82 Old Kennedy Road, west side of Old Kennedy Road, north
of Steeles Avenue - To remove the (H) Hold provision).
BY-LAW 2003-191 A by-law to dedicate certain land as part of the highways of the
Town of Markham (Block 5, Plan 65M-3296 - Bur Oak Avenue).
CARRIED
……………………………….
Council
recessed into an in-camera Committee of the Whole meeting to discuss a
confidential legal matter.
……………………………….
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Virgilio
That By-law
2003-192 be given three readings and enacted.
Three Readings
BY-LAW 2003-192 A by-law to confirm the proceedings of the Council meeting of
June 10, 2003.
(Council
Meeting No. 14, 2003)
CARRIED
9. ADJOURNMENT
Moved by
Councillor J. Virgilio
Seconded by
Councillor G. McKelvey
That the
meeting do adjourn.
CARRIED
Council
adjourned at 9:35 p.m.
_______________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)