2003-11-25
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 21
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio
(5:17 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D.
Horchik, Councillor A. Chiu. (10)
Regrets
Regional
Councillor G. Landon, Councillor K. Usman. (2)
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Markham Professional
Fire Fighters Association - Negotiations (11.6)
(2) Box Grove Secondary Plan OMB Hearing (10.4)
(3) Box Grove Secondary Plan OMB Hearing (10.4)
(4) Recognition - Lois James (12.2.6)
(5) Regional Capital Projects (5.10 & 7.5)
(6) Civic
Centre Sign for the Proposed Markham Centre YMCA Facility & Fundraising
Campaign (2.16 & 12.2.6 & 8.2)
(7) Chiavatti
Developments Ltd. & Bramblewell Developments Ltd., Southeast Corner Hwy 7
& Swansea Road - Official Plan & Zoning By-Law Amendments for Eight
Semi-Detached Dwellings (10.5)
(8) 2004
Council/Committee Meeting Calendar (16.0)
(9) Licensing Hearing - "Body & Soul Health Spa",
205 Riviera Drive, Units 7 & 8, Markham (2.0)
(10) Licensing
Hearing - "Oasis Health Studio", 400 Esna Park Drive, Unit #8,
Markham (2.0)
(11) 2003
Advisory Committee Appointments (16.24)
(12) Hold
Removal for Phase 1, Tenstone Developments Inc. Circa @ Town Centre Project
Northwest Corner Of Highway 7 & Town
Centre Boulevard (10.5 & 10.6)
CARRIED
The Regular
Meeting of Council was held on November 25, 2003 at 7:00 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
ROLL
CALL
Mayor D. Cousens,
Deputy Mayor F. Scarpitti, 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)
Regrets
Regional
Councillor G. Landon, Councillor K. Usman. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
J. Lustig,
Director of Financial and Client Services
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 of Strategy, Innovations & Partnership
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
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
PROFESSIONAL FIRE FIGHTERS
ASSOCIATION - NEGOTIATIONS
(11.6)
That the verbal update from the
Commissioner of Community and Fire regarding the Markham Professional Fire
Fighters Association negotiations be received;
And that the direction to staff
as to how to proceed with continued negotiations be confirmed.
(2) BOX
GROVE SECONDARY PLAN
OMB HEARING (10.4)
That the Ontario Municipal Board be advised that Council of the Town of
Markham supports the following change to the text of Official Plan Amendment
No. 92 (the Box Grove Secondary Plan):
By adding to Section 5.6.2 (a), the following:
“ – the ‘Urban Residential – Low Density Housing II’ area bounded on the
south by the eastern extension of Rouge Bank Drive, on the east by realigned 9th Line
and on the west by existing 9th Line.”
(3) BOX
GROVE SECONDARY PLAN
OMB HEARING (10.4)
That the deputation of Lois James expressing concern regarding
outstanding environmental issues in the Box Grove Secondary Plan including:
- crossings
of the Ninth Tributary
- designation
of heritage dwellings in the hamlet of Cedar Grove and the possible designation
of the entire hamlet
- issues
listed under tab 13 of the Markham documents
- issues
outlined in the June24, 2002 letter from Ron Christie, Rouge Park Alliance
be received;
And that the concerns expressed by Ms. James this date together with
those outlined in the June 24, 2002 letter from Ron Christie, Rouge Park Alliance,
be referred to staff for future consideration.
(4) RECOGNITION
- LOIS JAMES (12.2.6)
That Lois James, who will receive the Order of Canada in December,
2003, be recognized and acknowledged for her leadership as one of the founding
members of Save The Rouge Valley System and as a caring environmentalist.
(5) REGIONAL
CAPITAL PROJECTS (5.10 & 7.5)
Whereas residents and businesses in Markham are experiencing
unacceptable traffic congestion;
And whereas
Markham Council has authorized Markham's road program that expedites Rodick
Road, Birchmount Road, and Enterprise Drive to improve service;
Now therefore be it resolved that the presentation by the Commissioner
of Development Services and the Director of Engineering providing an update on
the Regional 10 year road capital program, be received;
And that the Region of York be requested to advance their road capital
program and particularly:
· Highway
7 (Fairburn Drive/Montgomery Court to Sciberras Road) – from 2007 to 2005/2006
· Warden
Avenue (14th Avenue to Applecreek Boulevard) – from 2005 to 2004/2005;
And that the Region be requested to include a
minimum of an additional $4.5 million in the Regional budget for 2004 in order
to leverage $17 to $20 million in development charges for road work in Markham
and that they also be requested to work with Town staff on funding &
implementation opportunities to advance the capital projects in Markham;
And that the Region of York be requested to
review their draft 2004 and 10 year capital with Town staff to coordinate
priorities.
CARRIED
(See following recorded vote)
(10:0)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, 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)
ABSENT: Regional
Councillor G. Landon, Councillor K. Usman. (2)
(6) CIVIC
CENTRE SIGN FOR THE PROPOSED MARKHAM
CENTRE YMCA FACILITY AND
FUNDRAISING
CAMPAIGN (2.16 & 12.2.6
& 8.2)
That the
additional information from the Commissioner of Development Services regarding
the request from the YMCA to install a ground sign on Civic Centre property to
announce the Markham Centre YMCA facility and fundraising campaign be received.
(7) CHIAVATTI
DEVELOPMENTS LTD. AND
BRAMBLEWELL DEVELOPMENTS LTD.
SOUTHEAST CORNER HWY 7 AND
SWANSEA ROAD
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS FOR
EIGHT SEMI-DETACHED DWELLINGS
(10.5)
Whereas
Council approved the Official Plan amendment application (OP.03-116179) and
zoning amendment application (ZA.03-112197) by Chiavatti Developments Ltd. and
Bramblewell Developments Ltd. for the development of 8 semi-detached units at
the southeast corner of Highway 7 and Swansea Road, Council hereby grants water
allocation for 8 units from the Town reserve.
(8) 2004
COUNCIL/COMMITTEE MEETING CALENDAR (16.0)
That the 2004
calendar for council and standing committee meetings attached to the November
25, 2003 staff report, be approved save and except the following amendments:
- Licensing Hearings will take place on
January 12, 13 and 14, 2004. The January
15, 2004 Licensing Hearing will be rescheduled, if required.
- Licensing Hearings to be scheduled twice a
month on Tuesday prior to the Committee of the Whole meeting.
- the proposed August 23, 2004 Finance and
Administrative Committee meeting (9:00 am), Development Services Committee
meetings - Part A and B and Public Meetings (11:00 am, 1:00 pm, 7:00 pm) be
held on August 30, 2004 at the same times.
- the proposed August 24, 2004 Committee of
the Whole meeting (5:00 pm) and Council meeting (7:00 pm) be held on August 31,
2004 at the same times.
- the proposed June 28, 2004 Finance and
Administrative Committee meeting be held on June 28, 2003 at 9:00 am.
- the proposed June 29, 2004 Development
Services Committee meetings - Part A and B and Public Meetings (11:00 am, 1:00
pm, 7:00 pm) be held on June 28, 2004 at the same times.
- the proposed July 6, 2004 Committee of the
Whole and Council meetings (5:00 pm and 7:00 pm) be held on June 30, 2004 at
the same times.
- the proposed May 31, 2004 Finance and
Administrative Committee meeting be held on June 1, 2004 at 9:00 am.
(9) LICENSING
HEARING
- "BODY AND SOUL HEALTH
SPA"
205 RIVIERA DRIVE, UNITS 7 AND
8, MARKHAM (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 "Body
and Soul Health Spa" at
205
Riviera Drive, Units 7 and 8,
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
- "OASIS HEALTH
STUDIO"
400 ESNA PARK DRIVE, UNIT #8,
MARKHAM (2.0)
That the
following recommendation of the Markham Licensing Committee be adopted and
confirmed:
(1)
That the application for Body-rub Parlour, submitted by the Owner for "Oasis Health
Studio" at 400 Esna Park Drive, Unit #8, 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) 2003
ADVISORY COMMITTEE APPOINTMENTS (16.24)
Heritage Markham
That the resignation of Keith Irish from Heritage Markham be accepted
with regret and a letter of appreciation be forwarded;
And that the matter of a replacement appointment be considered at the
time all 2004 advisory committee appointments are considered;
Race Relations Committee
That the resignation of Huma Pabani from the Race Relations Committee
be accepted with regret and a letter of appreciation be forwarded;
And that the letter from David Allison advising that he is unable to
extend his term on the Race Relations Committee to March 1, 2004 be accepted
with regret and a letter of appreciation be forwarded;
And that the matter of replacement appointments be considered at the
time all 2004 advisory committee appointments are considered.
(12) HOLD
REMOVAL FOR PHASE 1
TENSTONE DEVELOPMENTS INC.
CIRCA @ TOWN CENTRE PROJECT
NORTHWEST CORNER OF HIGHWAY 7
AND TOWN CENTRE BOULEVARD
(10.5 & 10.6)
That
the application by Tenstone Developments Inc. to amend By-law 177-96, as
amended, to lift the (H) holding symbol, be adopted, but not signed by the
Mayor and Clerk until advised by the Town Solicitor that the Development
Agreement has been executed and all required letter(s) of credit and financial
obligations have been received.
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor G. McKelvey
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- OCTOBER 21, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor S. Daurio
That the
Minutes of the Council Meeting held on October 21, 2003, be adopted.
CARRIED
4. PRESENTATIONS
(1) GOVERNMENT FINANCE
OFFICERS ASSOCIATION
DISTINGUISHED BUDGET PRESENTATION AWARD (12.2.6)
The Mayor and
Chair of the Budget Subcommittee were presented with the Government Finance
Officers Association Distinguished Budget Presentation Award for the fiscal
year beginning January 1, 2003 for the Town of Markham. Joel Lustig, Director of Financial and Client
Services presented this award which recognizes excellence in governmental
accounting and financial reporting throughout North America.
Mr. Lustig
recognized his budget team: Fuwing Wong,
Manager, Financial Planning, Mark Visser, Manager of Strategy and Investments,
Raj Raman, Senior Financial Analyst, Jennifer Nelson, Manager, Development
Finance, Lorri Whetham, Senior Financial Analyst. On behalf of Council, Mayor Cousens thanked
Deputy Mayor F. Scarpitti for his efforts as Chair of the Budget Subcommittee. Deputy Mayor Scarpitti thanked members of the
Budget Subcommittee: Regional Councillor B. O'Donnell, Councillors S. Daurio,
E. Shapero, and K. Usman, as well as Mayor Cousens, Regional Councillor T.
Wong, and Councillors G. McKelvey, and J. Heath. He also thanked J. Livey, C.A.O., J. Baird,
Commissioner of Development Services, J. Sales, Commissioner of Community and
Fire Services, A. Taylor, Commissioner of Corporate Services, and M.F. Turner,
Commissioner, Strategy, Innovation and Partnerships.
5. DELEGATIONS
Council
consented to add Delegation (1).
(1) Marco Lorenti,
Principal, Royal Crownet Development, in support of the request to defer
consideration of the application for zoning by-law amendment submitted by
1305268 Ontario Inc. (Royal Crownet Developments) to permit 22 single family
detached condominium dwellings at 9765 Kennedy Road. He explained that more time is required for
the applicant to work with staff. (Clause 5, Report No. 66) (10.5)
6(a) REPORT NO. 65 - FINANCE & ADMINISTRATIVE
COMMITTEE
Council
consented to separate Clauses (4, (5), and (9).
Moved
by Deputy Mayor F. Scarpitti
Seconded
by Councillor S. Daurio
That
Report No. 65 - Finance & Administrative Committee be received and adopted.
November 17, 2003
(1) BY-LAW TO AUTHORIZE TEMPORARY BORROWING
(7.0)
Weblink By-Law
That
a by-law be brought forward for Council approval to authorize the temporary
borrowing, if required, of an amount not to exceed $77,912,739 from January 1,
2004 to September 30, 2004 and $38,956,370 from October 1, 2004 to December 31,
2004 to meet the current expenditures of the Corporation until taxes are
collected and other revenues are received.
(By-law 2003-320)
(2) 2004 INTERIM SPENDING AUTHORITY (7.4
& 7.5) Weblink
That
Council receive the report "2004 Interim Spending Authority", dated
November 17, 2003;
And
that Council approve pre-budget operating expenditures of up to 50% of the 2003
approved Operating Budget.
(3) STORM SEWER RELOCATION AGREEMENT WITH
TOWN HOMES OF THE THORNHILL
VILLAGE INC.,
300 JOHN STREET, THORNHILL
(5.5 & 8.2) Weblink
That
the Mayor and Clerk be authorized to execute an agreement in a form satisfactory
to the Town Solicitor with The Town Homes of the Thornhill Village Inc. for the
relocation of the storm sewer required for Phase II of the Thornhill Community
Centre Expansion.
CARRIED
(4) 169-T-03 JENNINGS GATE ESTATES MUNICIPAL
WATER SYSTEM TENDER AWARD
(5.5) Weblink
That
the staff report entitled "169-T-03 Jennings Gate Estates Municipal Water
System Tender Award" be received;
And
that tender 169-T-03 Jennings Gate Estate, Municipal Water System be awarded to
the lowest priced bidder, Kapp Contracting Inc. in their tender amount of
$928,602.71 inclusive of $80,000 contingency and 7% GST ($893,888.59 inclusive
of $80,000.00 contingency and 3% GST);
And
that the Jennings Gate Estates Municipal Water System proceed and the total
cost of the work in the estimated amount of $1,047,290 be recovered by imposing
an equal fee against each of the property owners abutting the works in
accordance with Section 391 of the Municipal Act, 2001;
And
that the cost for construction, engineering, easements and all related
administration costs at a total estimated amount of $1,047,290 be front-ended
by the Town from the Waterworks reserve and recovered from the benefiting
property owners with appropriate interest;
And
that any cash compensation from the Region of York be considered as funding
contribution to the Town or property owners and the total project cost be
adjusted accordingly; and that Regional Council be requested to respond to the
residents' proposal before the end of December, 2003;
And
that the actual construction cost, the easement cost, all the engineering and
related administrative and financing costs front-ended by the Town form part of
the total project cost and recovered in accordance with the requirements of
Section 391 of the Municipal Act and the by-law approved by Council;
And that the
necessary Fee By-law and other necessary documents for the Jennings Gate
Estates Municipal Water System be prepared in accordance with the requirements
of Section 391 of the Municipal Act, 2001;
And
that the contract with Mitchell Hatt & Associates Inc. be extended in
accordance with Purchasing By-Law 143-2000, Section 14 (1)(c) which states
"…the extension of an existing contract would prove more cost-effective or
beneficial". The extended contract
will provide site supervision and contract administration services for the
project at an estimated cost of $50,000;
And
that Town staff meet with residents and the contractor to determine the
preferred locations of the private service connections (stubs).
CARRIED
(5) TOWN OF MARKHAM AND LONGO BROTHERS FRUIT
MARKETS INC. PILOT COMMUNITY
PARTNERSHIP (12.2.6, 5.7 & 6.0)
Weblink
That
the partnership, previously reviewed and discussed with Council on June 10,
2003 and approved in principle by the Community Services and Environment
Committee on July 3, 2003 be formally approved by Council;
And
that the Community Partnership Agreement between Longo's and the Town of
Markham be accepted and signed by the proper authorities at the Town of Markham
and be in a form that is satisfactory to the Town Solicitor;
And
that the Manager of Community Partnerships be responsible for implementing,
arranging servicing of the partnership as outlined in the legal agreement
attached to the staff report entitled "Town of Markham and Longo Brothers
Fruit Markets Inc. Pilot Community Partnership" as Appendix A;
And
that Council approve the partnership for a 15-month period to allow for a one
year event cycle, proper re-evaluation and the opportunity to include the
partnership as part of a "Request for Interest" (RFI) in 2005;
And
that a new "Partnership" reserve account be established;
And
that the Longo's Partnership revenue be applied to this reserve account and be
redirected as per the resolution established by the Community Services and
Environment Committee on July 3, 2003, to the Town of Markham's Clean Air
Initiatives;
And
that the artwork for new logo placement on the Toyota Prius Hybrid Vehicle be
approved and the Manager of Community Partnerships oversee the application of
Corporate and Partner Logos.
CARRIED
(6) SARS RECOVERY PROGRAM UPDATE ((7.6 &
16.24, 13.4.4) Weblink
That
the report entitled "SARS Recovery Program Update" be received;
And
that the $90,500 expended in 2003 be the maximum amount for the SARS Recovery
Program;
And
that the Markham Hotel Consortium has until June, 2004 to implement key aspects
of their July 4, 2003 proposal to SERTF, (SARS Economic Recovery Task Force),
with the $30,000 already disbursed by the Town, or the funds are to be returned
to the Town;
And
that if York Region's funds are not committed by calendar year end, then the
Markham Hotel Consortium has to immediately secure matching funds from another
partner(s). If they are unable to find
matching funds then Markham Council has the right to request the return of any
unspent funds.
(7) DRAGON BALL 2004 - YEE HONG COMMUNITY
WELLNESS FOUNDATION
(12.2.6) Weblink
That
the Town of Markham purchase 8 tickets to the Dragon Ball on Saturday, January
24, 2004.
(8) CHINESE NEW YEAR 2004 CELEBRATION
JANUARY 25-26, 2004 - MARKHAM
CIVIC CENTRE (12.2.6)
That approval
be granted to the organizers of the Chinese New Year 2004 Celebration to hold
the event at the Markham Civic Centre and the Markham Theatre on January 25 and
26, 2004;
And that staff
be requested to report back on financial considerations, and safety and
security issues related to the event.
CARRIED
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – NOVEMBER
17, 2003 (16.0)
CARRIED
6(b) REPORT NO. 66 - DEVELOPMENT SERVICES COMMITTEE
Council consented to separate Clauses (3) and
(5).
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Report No. 66 - Development Services
Committee be received and adopted.
November 18, 2003
(1) ACCEPTANCE
FOR MAINTENANCE OF
RESIDENTIAL SUBDIVISIONS
(REGISTERED PLAN NUMBERS 65M-3349 AND 65M-3327)
ENGINEERING FILE # 2116 PHASE III AND # 3064 (10.7) Weblink
That the services in Subdivision, Registered
Plan Numbers 65M-3349 and 65M-3327, be accepted;
And that by-laws be enacted by Council to
accept these subdivisions and to establish each of the roads within the
residential subdivisions as a public highway of the Town of Markham;
And that the Community Services Commission
assume the responsibility for operating and maintaining the infrastructure
within the Subdivisions as part of the Town’s system;
And that acceptance of the Subdivisions be
taken into consideration in future operating budgets;
And that the by-law to amend Schedule ‘12’ of
Traffic By-law # 106-71, by including compulsory stop to the indicated streets,
be approved;
And that the by-law to amend Schedule ‘A’ of
the Speed By-law # 105-71, by including a maximum speed of 40 kilometers per
hour for the streets indicated, be approved;
And that the Mayor and Clerk be authorized to
execute the necessary releases from the terms of the Subdivision Agreements,
subject to confirmation from the Director of Engineering that the final two
year guarantee periods have been completed.
(By-laws 2003-321 to
2003-324)
(2) DESIGNATION
UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE PETER
PIKE HOUSE, 9451 9TH LINE
AND THE WILLIAM GRANT HOUSE, 7006 16TH AVENUE
14400106 ONTARIO INC. /METRUS DEVELOPMENT INC. (16.11.3) Weblink
That Heritage Markham’s recommendation to
designate the Peter Pike House at
9451 9th Line and the William Grant House at 7006 16th 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 this property.
CARRIED
(3) DESIGNATION
UNDER PART IV OF THE ONTARIO HERITAGE ACT
THE CAPTAIN
ROBERT REESOR HOUSE, 8042 REESOR ROAD
(16.11.3) Weblink
That Heritage Markham’s recommendation to
designate the Captain Robert Reesor House at 8042 Reesor Road 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;
And
that the Province of Ontario be requested to enter into a heritage conservation
easement agreement with the Town, prior to the transfer of the property from
Provincial ownership.
DEFERRED
(See following motion to defer)
That Clause (3) be amended to defer
consideration of the designation of the Captain Robert
Reesor House at 8042 Reesor Road under Part IV of the Ontario Heritage Act and refer it to
the December 16, 2003 Council meeting.
CARRIED
(4) DUFFINS AND CARRUTHERS CREEK WATERSHED
PLAN
MI.424 (5.7) Weblink
That the staff
report entitled “Duffins Creek and Carruthers Creek Watershed Plan” dated
November 18, 2003, be received;
And that the
Town endorse in principle the Watershed Plan for Duffins Creek and Carruthers
Creek, recognizing further clarification is required with respect to
implementation mechanisms, funding arrangements, Provincial Technical
Guidelines for the Oak Ridges Moraine and emerging Provincial Source Protection
policies;
And that staff
continue to work co-operatively with the Toronto and Region Conservation
Authority, the Region of York and other municipalities, agencies, residents and
stakeholders, as appropriate, to implement the Duffins Creek and Carruthers
Creek Watershed Plan within the Town of Markham;
And further
that the staff work cooperatively with the Toronto and Region Conservation
Authority in developing an appropriate implementation body to oversee the
long-term implementation of the recommendations within the Watershed Plan.
CARRIED
(5) 1305268 ONTARIO INC. (ROYAL CROWNET
DEVELOPMENTS)
9765 KENNEDY ROAD, BERCZY VILLAGE COMMUNITY
APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT
22 SINGLE FAMILY DETACHED CONDOMINIUM DWELLINGS
(ZA.03-115678)(10.5) Weblink
That
correspondence from James Okawa of Brutto Land Management Consulting,
representing the 1305268 Ontario Inc., requesting deletion of the application by 1305268 Ontario Inc.
(Royal Crownet Developments), File ZA.03-115678, for 9765 Kennedy Road from
the agenda, be received;
And that the application
by 1305268 Ontario Inc. (Royal Crownet Developments) for 9765 Kennedy Road be
deferred as requested by the applicant,
to allow the submission of a revised proposal to address the concerns outlined
in the staff report dated November 18, 2003.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O'Donnell
That Clause (5) be amended to delete the words in paragraph 2 “…to
Council on November 25, to allow the applicant to attend and explain why a
further deferral is warranted.” and replace them with “…as requested by the applicant, to
allow the submission of a revised proposal to address the concerns outlined in
the staff report dated November 18, 2003.”
CARRIED
(6) MARKHAM CENTRE
FINAL PERFORMANCE MEASURES (10.8) Weblink
That the final
Performance Measures Document – The Markham
Centre Vision for Sustainability and Smart Growth, dated October 31,
2003, and attached to the staff report dated November 18, 2003 as Appendix A,
be endorsed by Council and appended to the Markham Centre Secondary Plan (OPA
21).
(7) REQUEST FOR COUNCIL ENDORSEMENT FOR
THE
TOWN OF MARKHAM TO ENTER INTO A DEVELOPMENT
AGREEMENT WITH METRUS DEVELOPMENT INC. REGARDING
A PARCEL OF INDUSTRIAL LAND LOCATED ON THE WEST SIDE
OF MARKLAND STREET SOUTH OF HILLMOUNT DRIVE (SA 00 243887)
(10.7) Weblink
That the
report entitled “Request for Council Endorsement for the Town of Markham to
enter into a development agreement with Metrus Development Inc. regarding a
parcel of industrial land located on the west side of Markland Street south of
Hillmount Drive”, File SA 00 243887; be received;
And that
Council direct staff to prepare a development agreement, to be executed by the
Town of Markham and Metrus Development Inc. which will address, among other
things, the required land dedications, road construction, public works,
financial requirements and securities associated with the registration of the
reference plan on the subject lands, to the satisfaction of the Commissioner of
Development Services, CAO and Town Solicitor;
And further
that the Town not take title to the public use lands on the reference plan
(i.e. roads and environmental buffer) until such time as the required
development agreement has been executed to the satisfaction of the Town.
(8) 19TH AVENUE HYDROGEOLOGICAL
STUDY (5.3) Weblink
That the staff
report dated November 18, 2003, entitled "19th Avenue Hydrogeological
Study" be received;
And that the
Region of York be requested to collect additional ground water level data
within the shallow monitoring wells in the vicinity of 19th Avenue
prior to proceeding with dewatering for Phase II;
And that Paul
Jankowski, Director of Transportation and Works Department at the Region of
York be advised accordingly.
(9) NINTH LINE DEVELOPMENTS LIMITED AND
HUMBOLD
PROPERTIES LIMITED,
9642 9TH LINE
PROPOSED PLAN OF SUBDIVISION AND IMPLEMENTING
ZONING BY-LAW AMENDMENT, GREENSBOROUGH COMMUNITY
(SU 02 117632 (19TM-02013), ZA 02 117695)(10.5, 10.7) Weblink
That the first phase (330 units) of draft
plan of subdivision 19TM-02013 (SU 02 117632) located north of Castlemore
Avenue, west of 9th Line, proposed by Ninth Line Developments Limited and Humbold Properties
Limited, be draft approved subject to the conditions outlined in
Appendix 'A' attached to the staff report dated November 18, 2003;
And that zoning application (ZA 02 117695) to
amend By-laws 304-87, as amended, and 177-96, as amended, submitted by Ninth Line Developments Limited and
Humbold Properties Limited, for lands located north of Castlemore
Avenue, west of 9th Line, be approved and the implementing Zoning
By-laws attached as Appendix 'B' to the staff report dated November 18, 2003,
that includes an “H” (Hold) provision for the second phase of draft plan of
subdivision 19TM-02013 (299 units), be enacted;
And that the applicant provide to the Town
the 30% payment of the required subdivision processing fees in accordance with
the Town’s Fee By-law (By-law 170-2000);
And that water supply allocation for 300
units be granted to Ninth Line
Developments Limited and Humbold Properties Limited subject to
written confirmation from the Trustee of the Greensborough Developers’ Group
that water supply has been made available from the total allocation granted to
the Greensborough Community by the Town;
And that the Town reserves the right to
revoke or reallocate water supply allocation should the development not proceed
in a timely manner;
And that the Region of York be advised of the
sewage and water supply allocation for this development;
And that the conditions of draft approval
(Appendix ‘C’ attached to the staff report dated November 18, 2003) for the
second phase of draft plan of subdivision 19TM-02013 (SU 02 117632) (299 units)
located north of Castlemore Avenue, east of the GO Transit rail corridor,
proposed by Ninth Line Developments
Limited and Humbold Properties Limited, be endorsed by Council
and that Council approve and enact a Delegation By-law (Appendix ‘D’ attached
to the staff report dated November 18, 2003) to allow for the draft approval
for the second phase of draft plan of subdivision 19TM-02013 to be delegated to
the Commissioner of Development Services, with such issuance to occur when
additional water allocation is confirmed by the Region of York and allocated to
the Greensborough Secondary Plan area;
And that the conditions of draft plan
approval for plan of subdivision 19TM-20003 (Ninth Line Developments Limited)
dated January 22, 2001 and signed by the Director of Planning, be amended to
reflect the transfer of all water allocation for that plan (25 units) to this
draft plan of subdivision 19TM-02013-Phase 1;
And that the subdivision agreement for registered plan
of subdivision 65M-3642 (Greensborough Town Centre Limited) be amended to
reflect the transfer of water allocation for 34 units to this draft plan of
subdivision 19TM-02013 - Phase 1 (5 units) and draft approved plan of
subdivision 19T-95011 (Pam Grey Holdings) (29 units);
And that Ninth Line
Developments Limited and Humbold Properties Limited, and Greensborough Town
Centre Limited enter into agreements
with the Town to prohibit pre-sales of units for which water allocation has not
been granted within draft approved plan of subdivision 19TM-20003, registered
plan of subdivision 65M-3642 and Phase 2 of the proposed plan of subdivision
until water allocation is confirmed by the Region of York and assigned by the
Town, in
accordance with the Town's water allocation policy, as amended from time to
time;
And that a Public Meeting be held to consider
an application submitted by Ninth
Line Developments Limited and Humbold Properties Limited and Greensborough Town
Centre Limited to add an ‘H’ (Hold) provision relating to water
allocation to the existing zoning for draft approved plan of subdivision 19TM-20003
(Ninth Line Developments Ltd.) and to amend the existing ‘H’ (Hold) provision
for Plan 65M-3642 with respect to water allocation;
And that the
required amendment to the conditions of draft plan approval for plan of
subdivision 19TM-20003 (Ninth Line Developments Limited), amendment to the
subdivision agreement for registered plan of subdivision 65M-3642
(Greensborough Town Centre Limited), agreements with the Town to prohibit
pre-sales of units within draft approved plan of subdivision 19TM-20003,
registered plan of subdivision 65M-3642 and Phase 2 of the proposed plan of
subdivision and the addition of an ‘H’ (Hold) provision relating to water
allocation for the zoning for draft approved plan of subdivision 19TM-20003
shall have been completed to the satisfaction of the Commissioner of Development
Services prior to the Director of Planning and Urban Design signing the final
draft approval for Phase 1 of the draft plan of subdivision 19TM-02013.
(By-laws 2003-325 to 2003-327)
(10) UTILITY
MANAGEMENT (10.0) Weblink
That the YDUCG
Model Utility Procedures Manual, to provide a consistent guideline for the
installation of utilities in the Town’s right-of-ways, be adopted;
And that staff
from the Operations and Asset Management Department be authorized to continue
to participate in the York/Durham Municipalities Utility Coordination Group as
stewards of the manual;
And that staff
report back to Council whenever there are revisions to the manual representing significant
policy changes;
And that staff
be authorized to update the Utility Procedures Manual, as required, in
consultation with the York/Durham Municipal Coordinating Group, Utility
Companies and the Urban Development Industry;
And that the
Commissioner of Community and Fire Services, CAO and Town Solicitor be
authorized to negotiate Municipal Access Agreements with the utility companies
for a term of 5 years and that the Mayor and Clerk be authorized to execute the
agreements;
And that in
accordance with the Markham Core Services Review, responsibility for the
management of utility coordination and municipal access agreements be
transferred from the Engineering Department (Development Services Commission)
to the Operations and Asset Management Department (Community and Fire Services
Commission).
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – NOVEMBER
18, 2003 (16.0) Weblink
CARRIED
7. MOTIONS
Council
consented to add Motions (1) and (2).
(1) APPRECIATION
TO STAFF (12.2.6)
Moved by Deputy Mayor F. Scarpitti
Seconded by Regional Councillor B. O'Donnell
That sincere thanks and appreciation be extended to staff of the Town
of Markham for their hard work over the past three years.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) APPRECIATION
TO REGIONAL COUNCILLOR
GORDON LANDON (12.2.6)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That appreciation be extended to Regional Councillor Gordon Landon for
his twenty-three years of dedicated service on Markham Council.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Received
245-2003 Richard Talbot,
President, The Unionville Villagers Association - Forwarding concerns with
respect to the restaurant named Wild Wing Pub located at 20 Fred Varley Drive,
Units 8, 9 & 20 applying for a liquor licence for its outdoor and indoor
premises. (3.21)
Referred to all Members of Council
246-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Chauhan’s Fine Indian Cuisine, 323 Denison
Street, Markham (indoor). (3.21)
247-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Granny’s Fish and Chips, 126 Clark Avenue, Unit
4, Thornhill. (indoor). (3.21)
248-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Boston Pizza, 1020 Warden Avenue, Markham
(indoor & outdoor). (3.21)
249-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Peaktop Restaurant Inc., 3235 Highway 7 east,
Unit 17, Markham (indoor). (3.21)
250-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Tsukiji Sushi Village, 58-60 Main Street,
Markham (indoor). (3.21)
Referred to Commissioner of Development
Services and Town Solicitor
251-2003 Colin Alston,
Alston Associates Inc. - Appealing to the Ontario Municipal Board with respect
to By-law 2003-312. The subject by-law
is regarding the application submitted by Dogeden for zoning amendment to
permit a service commercial use at 60 Bullock Drive. (Clause 6, Report No. 63,
2003) (10.5)
252-2003 Peter C.
Williams, Shibley Righton Barristers & Solicitors and Ontario Municipal
Board - Advising that the appeal submitted by York Catholic District School
Board regarding the application for Cornell Rouge Development Corporation
(19TM-030006) was withdrawn. (10.7, 10.5 & 13.13)
Referred to Commissioner of Development
Services
253-2003 Gail Sussman,
Ontario Realty Corporation - Advising that the Town of Markham does not have
the approval of Ontario Realty Corporation to proceed with the designation of
The Captain Robert Reesor House, 8042 Reesor Road and requesting that the
matter be deferred to provide them with an opportunity to review the
designation. (16.11.3)
(Clause 3, Report No. 66, 2003)
CARRIED
9. OTHER BUSINESS
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
That Clause
(1) - Other Business be received and adopted.
(1) 9404
HIGHWAY 48 DESIGNATION UNDER PART IV
OF THE ONTARIO HERITAGE ACT
THE MENNO RAYMER HOUSE (16.11.3) Weblink
That the
letter dated 24 September from Mr. Brian Bunting, on behalf of Ms. Susan Waddington
submitting objections to the designation of the above listed property as a
property of architectural and/or historic interest or value under Part IV of
the Ontario Heritage Act, R.S.O. 1990 Chapter 0.18, be received and such matter
be referred to the Conservation Review Board for a hearing and report.
(Clause 1, Report No. 60, 2003)
CARRIED
10. BY-LAWS
Council
consented to separate the question on By-law 2003-337 and to add By-law
2003-338.
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That By-laws
2003-320 to 2003-336 and 2003-338 be given three readings and enacted.
Three Readings
BY-LAW 2003-320 A by-law to authorize the temporary borrowing, if required, of an
amount not to exceed $77,912,739 from January 1, 2004 to September 30, 2004 and
$38,956,370 from October 1, 2004 to December 31, 2004 to meet the current
expenditures of the Corporation until taxes are collected and other revenues
are received.
(Clause 1, Report No. 65, 2003)
BY-LAW 2003-321 A by-law to establish streets laid out in according to Plan of
Subdivision 65M-3349 as public highway (Cedar-Erin Developments Inc., Part of
Lot 17, Concession 4 - Renberg Drive; Pembrooke Road; Vandermeer Drive.)
(Clause 1, Report No. 66, 2003)
BY-LAW 2003-322 A by-law to establish streets laid out in according to Plan of
Subdivision 65M-3327 as public highway (Rouge Fairways Development Corp., Part
of Lots 3 and 4, Concession 8 - Song Bird Drive; Lemsford Drive; Norbury Drive;
River Forest Street; Rouge Fairway Street.)
(Clause 1, Report No. 66, 2003)
BY-LAW 2003-323 A by-law to amend Traffic By-law 106-71, as amended (65M-3349 and
65M-3327 - to include compulsory stops.)
(Clause 1, Report No. 66, 2003)
BY-LAW 2003-324 A by-law to amend Speed By-law 105-71, as amended (65M-3349 and
65M-3327 - to include a maximum speed of 40 kilometers per hour.)
(Clause 1, Report No. 66, 2003)
BY-LAW 2003-325 A by-law to amend Zoning By-law 304-87, as amended (Ninth Line
Developments Ltd. and Humbold Properties Ltd., 9642 Ninth Line, Plan of Subdivision
19TM-02013, Part of Lot 19, Concession 8 - To delete the subject lands from the
designated area of By-law 304-87, and add them to the designated area of By-law
177-96 to permit the development of a draft plan of subdivision.)
(Clause 9, Report No. 66, 2003)
BY-LAW 2003-326 A by-law to amend Zoning By-law 177-96, as amended (Ninth Line
Developments Ltd. and Humbold Properties Ltd., 9642 Ninth Line, Plan of
Subdivision 19TM-02013, Part of Lot 19, Concession 8 - To permit the
development of a draft plan of subdivision.)
(Clause 9, Report No. 66, 2003)
BY-LAW 2003-327 A by-law to provide for the Delegation of Draft Approval for Plan
of Subdivision 19TM-02013 (Phase 2) - Ninth Line Developments Limited and
Humbold Properties.)
(Clause 9, Report No. 66, 2003)
BY-LAW 2003-328 A by-law to adopt Official Plan Amendment No. 118 (Chiavatti
Developments Ltd. & Bramblewell Developments Ltd., southeast corner of
Highway 7 & Swansea Road - To permit eight semi-detached residential
units.)
(Clause 10, Report No. 63, 2003)
BY-LAW 2003-329 A by-law to amend Zoning By-law 134-79, as amended (Chiavatti
Developments Ltd. & Bramblewell Developments Ltd., southeast corner of
Highway 7 & Swansea Road - To delete subject lands from the designated area
of Zoning By-law 134-79, as amended so that the lands may be included under
Zoning By-law 122-72, as amended to permit eight semi-detached residential
units.)
(Clause 10, Report No. 63, 2003)
BY-LAW 2003-330 A by-law to amend Zoning By-law 122-72, as amended (Chiavatti
Developments Ltd. & Bramblewell Developments Ltd., southeast corner of
Highway 7 & Swansea Road - To permit eight semi-detached residential units,
subject to a holding provision.)
(Clause 10, Report No. 63, 2003)
BY-LAW 2003-331 A by-law to amend Licensing Committee By-law 203-1999 (Amendment
to the committee composition.)
(Clause 3, Report No. 55, 2003)
BY-LAW 2003-332 A by-law to repeal Part Lot Control Exemption By-law 327-97
(Monarch Construction Ltd., Lots 12 to 32, Plan 65M-3171.)
BY-LAW 2003-333 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Block 251, Plan 65M-3390, designated as Part 12, Plan
65R-23109 - Courtfield Crescent.)
BY-LAW 2003-334 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Read Eastern Capital (Offshore) Canada Inc.,
northwest corner of Denison Street and Middlefield Road, Block 114, Plan
65M-2654.)
BY-LAW 2003-335 A by-law to amend Zoning By-law 177-96, as amended (1522233
Ontario Inc., Lot 4, Plan 65M-3575, north east corner of Saddlecreek Drive and
Galleria Parkway, Leitchcroft Planning District - To remove the (H) Hold
provision.)
BY-LAW 2003-336 A by-law to amend Zoning By-law 177-96, as amended (Humbold
Properties Ltd., 27 Kingsmill Court, Lot 1, Plan 65M-3697 - To remove the (H)
Hold provision.)
BY-LAW 2003-338 A by-law to amend Zoning By-law 177-96, as amended (Tenstone
Developments Inc., Blocks 3, 4 and 5, Part of Lot 11, Concession 4 - To remove
the (H) Hold provision.)
(Committee of the Whole Motion - November 25, 2003)
CARRIED
...................................................................
Council
recessed at the hour of 7:32 p.m. and reconvened at the hour of 9:25 p.m. to
report out on Committee of the Whole items 4, 5, and 6.
...................................................................
10. BY-LAWS - cont'd
Moved by
Councillor A. Chiu
Seconded by
Councillor S. Daurio
That By-law
2003-337 be given three readings and enacted.
Three Readings
BY-LAW 2003-337 A by-law to confirm the proceedings of the Council meeting of
November 25, 2003.
(Council
Meeting No. 21, 2003)
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That the
meeting do adjourn.
CARRIED
Council
adjourned at 9:30 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)