2004-10-12
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 19
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (5:15 p.m.), Regional Councillor J. Heath
(5:13 p.m.), Regional Councillor J. Jones, Regional Councillor B. O'Donnell
(5:15 p.m.), Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.),
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman (5:20 p.m.), Councillor A. Chiu. (12)
Regrets
Councillor J.
Virgilio.
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) 2004
Committee/Board Appointments (16.24)
(2) Race
Relations Committee Retention of a Facilitator (16.10)
(3) Retail
Impact & Urban Design Studies Highway 48 from 16th Ave. to Major
Mackenzie Dr (10.8, 16.0)
(4) Licensing
Hearing Attendant’s License “Friction Gentlemen’s Club” 175 Anderson Ave
Markham (2.0)
(5) Licensing
Hearing Attendant’s License “Friction Gentlemen’s Club” 175 Anderson Ave
Markham (2.0)
(6) 16th
Avenue Sanitary Sewer Update (5.3)
(7) Hydro
One Update (13.8)
(8) Interim
Control (10.0)
(9) Governor
General's Visit to Markham October 19, 2004 (12.2.6)
CARRIED
The Regular
Meeting of Council was held on October 12, 2004 at 7:00 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (7:25 p.m.), Regional Councillor J. Heath,
Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S.
Daurio, Councillor E. Shapero, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Councillor J.
Virgilio.
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
J. Carnegie,
Director, Corporation Communications
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
A. Mukherjee,
Manager, Transportation/Engineering
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor Regional Councillor B. O'Donnell
Seconded by
Councillor Regional Councillor J. Heath
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) 2004
COMMITTEE/BOARD APPOINTMENTS (16.24)
Traffic Safety
Committee
That the
Traffic Safety Committee be established and the following persons be appointed
to the Traffic Safety Committee:
Councillor A. Chiu term
to expire November 30, 2006
Councillor S. Daurio term
to expire November 30, 2006
Councillor K. Usman term
to expire November 30, 2006
Councillor J. Webster term
to expire November 30, 2006
John Cosgrave term
to expire December 31, 2005
David Johnston term
to expire December 31, 2005
David McBeth term
to expire December 31, 2005
Joel Landis term
to expire December 31, 2005
Mike Curran term
to expire December 31, 2005
Sign Removal
By-law Committee
That the
following person be appointed to the Sign Removal By-law Committee:
Dave Wulff
(2) RACE RELATIONS COMMITTEE
RETENTION OF A FACILITATOR
(16.10) Minutes
That the
minutes of the October 4, 2004 Race Relations Committee meeting be received;
And that all
Council Members of Council be requested to attend the facilitation session;
And that the
Facilitator either be a staff resource or a private consultant.
(3) RETAIL IMPACT AND URBAN DESIGN STUDIES HIGHWAY
48
FROM 16TH AVE TO
MAJOR MACKENZIE DR (10.8, 16.0) Weblink
That the
presentation by the Commissioner of Development Services addressing the matter
of land ownership and servicing constraints in the area of Highway 48 from 16th
Avenue to Major Mackenzie Drive, be received;
And that the
deputation by Mr. Sid Ridgley on behalf of the Markham Village Business
Improvement Area advising of the position of businesses on Main Street Markham
in connection with the proposed big box retail on Highway 48 from 16th Avenue
to Major Mackenzie Drive, be received;
And that staff
report back to the Finance and Administrative Committee on financial measures
that could assist the Markham Village Business Improvement Area (BIA) in
maintaining Markham Main Street as a viable commercial area.
(4) LICENSING
HEARING
ATTENDANT’S LICENSE
“FRICTION GENTLEMEN’S CLUB”
175 ANDERSON AVE MARKHAM (2.0)
That
the following recommendation of the Markham Licensing Committee for four (4)
Adult Entertainment Parlour Attendants be adopted and confirmed:
1. That
the suspension of four (4) Adult Entertainment Parlour Attendant’s Licenses be confirmed;
2. And that four (4) Adult Entertainment
Parlour Attendant’s Licenses be revoked.
(5) LICENSING
HEARING
ATTENDANT’S LICENSE
“FRICTION GENTLEMEN’S CLUB”
175 ANDERSON AVE MARKHAM (2.0)
That
the following recommendation of the Markham Licensing Committee be adopted and
confirmed:
1. That the application for renewal of one (1) Adult Entertainment Parlour Attendant’s
License be denied.
(6) 16TH
AVENUE SANITARY SEWER UPDATE (5.3)
That the
verbal update from the Commissioner of Development Services on the 16th Avenue
sanitary sewer and the response from the Minister of the Environment regarding
approval and conditions for the Environment Study Report, be received.
(7) HYDRO
ONE UPDATE (13.8)
That
the update from the Chief Administrative Officer regarding Hydro One, be
received.
(8) INTERIM CONTROL (10.0)
That
the tabled third party opinion on the legal implications of an Interim Control
By-law relating to a Commercial Impact Study for Highway 48, north of 16th
Avenue, be received.
(9) GOVERNOR
GENERAL'S VISIT TO MARKHAM
OCTOBER 19, 2004 (12.2.6)
That
the information regarding the Governor General's visit to Markham on Tuesday,
October 19, 2004, be received.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- SEPTEMBER 28, 2004
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
Minutes of the Council Meeting held on September 28, 2004, be adopted.
CARRIED
4. PRESENTATIONS
(1) GERMAN
PIONEERS DAY
PRESENTATION OF PLAQUES
(12.2.6)
Members of the
German Pioneers Day Committee of the German Canadian Congress were in
attendance and made presentations honouring the contribution of the Markham
historical societies in promoting the early German settler story. Mr. Lorne Smith, Markham Chairman German
Pioneers Day 2004 Committee, Mr. Ernst Friedel, German Canadian Congress
Ontario, and Mr. Anton Bergmeier, President, German Canadian National Congress,
presented to the four societies:
- Markham Berczy Settlers Association
- Pennsylvania German Folklore Society
- Markham Historical Society
- Society of the Preservation of Historic
Thornhill.
...................................................................
Councillor E.
Shapero withdrew from the meeting at the hour of 7:40 p.m.
...................................................................
5. DELEGATIONS
Council consented to add Delegations (1)
& (2).
(1) Dr. Morley Lem, Chair, Board of Management, Markham Village
Business Improvement Area (BIA), requesting
special tax consideration for Main Street Markham businesses and requesting
that all stakeholders be involved in the studies with issues such as traffic
and heritage being considered to build a bigger and better Markham. (10.8,
16.0) (Report No. 54, Clause 2)
(2) John
Kay expressing concern for speed on the bridge on Reesor Road between 16th
Avenue and Major Mackenzie Drive and suggesting that a new bridge is not required.
(5.10)
6(a) REPORT NO. 51 - TRANSPORTATION COMMITTEE
Council
consented to separate Clause (8), (9), and (11).
Moved by
Councillor K. Usman
Seconded by
Councillor A. Chiu
That Report
No. 51 - Transportation Committee be received and adopted.
September 27, 2004
(1) WOOLSTHORPE
CRESCENT/COBBLESTONE DRIVE
SIDE STOP CONTROL
(5.12.3) Weblink 1 2
That Schedule
12 of By-law 106-71 for stop control be amended to include Woolsthorpe Crescent
at Cobblestone Drive (east intersection) and that the amending By-law be
approved;
And that the
Operations and Asset Management Department be directed to install the stop sign
on Woolsthorpe Crescent at Cobblestone Drive (east intersection) once the
amending by-law is approved;
And that the
York Regional Police be requested to enforce the stop control upon approval of
the amending by-law and installation of these signs.
(By-law
2004-283)
(2) COMMERCE
VALLEY DRIVE WEST/SOUTH PARK ROAD
ALL-WAY STOP CONTROL
(5.12.3) Weblink 1 2
That Schedule
12 of By-law 106-71 for all-way stop control be amended to include the
intersection of Commerce Valley Drive West and South Park Road and that the
amending by-law be approved;
And that the
Operations and Asset Management Department be directed to install all-way stop
signs at the intersection of Commerce Valley Drive West and South Park Road upon
approval of the amending by-law;
And that the
York Regional Police Department be requested to enforce the all-way stop
control upon installation of these signs;
And that the
intersection of Commerce Valley Drive West and South Park Road be considered
for traffic control signals in the 2005 Capital Budget;
And that a
sidewalk on the east side of Commerce Valley Drive West, between Highway 7 and
Leslie Street, in conjunction with the traffic control signals, be considered
in the 2005 Capital Budget.
(By-law
2004-284)
(3) FERRIER STREET AND ACADIA AVENUE Weblink 1 2 3
ALL-WAY STOP CONTROL AND PARKING PROHIBITION (5.12.3, 5.12.4)
That Schedule
12 of By-law 106-71 for an all-way stop control be amended to include the
intersection of Ferrier Street at Acadia Avenue and that the amending by-law be
approved;
That Schedule
1 of Parking By-law 336-88, be amended to include a parking prohibition on the
inside curve of Acadia Avenue, from 45.0 m north of the northern property line
of # 3700 Steeles Avenue East to the shared property line #80 and #100 on
Acadia Avenue and that the amending By-law be approved;
And that the Operations and Asset Management Department be directed to
install the appropriate signs upon approval of the amending by-law;
And that the
York Regional Police be requested to enforce the all-way stop control upon
installation of signs.
(By-laws
2004-285 and 2004-286)
(4) PETER STREET, BETWEEN BEECH STREET AND
DAVID STREET – PARKING RESTRICTION (5.12.4)
Weblink 1 2
That Schedule
1 of Parking By-law 336-88, be amended to include a parking restriction on the
west side of Peter Street, between
Beech Street and David Street;
And that the
amending by-law be approved;
And that the Operations and Asset Management Department be directed to
install the appropriate signs upon approval of the amending by-law.
And
that the Clerk write to CN Rail and GO Transit requesting they move forward
with plans for an alternative pedestrian crossing of the rail tracks to the
south end of the Markham GO Station parking lot.
(By-law 2004-287)
(5) RODICK
ROAD (WOODBINE AVENUE – 16TH AVENUE)
SPEED LIMIT REDUCTION
(5.12.2) Weblink 1 2
That Schedule
F (50 km/h) of Speed Limit By-law 105 - 71 be amended to delete Rodick Road
between Woodbine Avenue and 16th Avenue;
And that
Schedule A (40 km/h) of Speed Limit By-law 105 - 71 be amended to include
Rodick Road between Woodbine Avenue and 16th Avenue and that the
amending by-law be approved;
And that the Operations and Asset Management Department be directed to
install the appropriate signs upon approval of the amending by-law;
And that the York Regional Police Department be requested to enforce
the reduced speed limit upon installation of the signs;
And that this section of Rodick Road be
considered as a candidate for the Safe Streets Strategy by the Traffic Safety
Committee.
(By-law
2004-288)
(6) RIVIERA
DRIVE/FIRE STATION
DO NOT ENTER SIGNS (5.12) Weblink 1 2
That Traffic
By-law 106-71 be amended to include Schedule 24, a “Do Not Enter” prohibition
in the area of Riviera Drive/Fire Station, as shown in Appendix “A” to the
amending by-law;
And that the
Operations and Asset Management Department be directed to install the
appropriate signs upon approval of the amending by-law.
(By-law
2004-289)
(7) MAIN
STREET UNIONVILLE SOUTH
CLASS ENVIRONMENTAL ASSESSMENT
(5.10) Weblink
That the report entitled “Main Street Unionville Class Environmental
Assessment,” dated September 27, 2004 be received;
And that the preferred alternative for the reconstruction of Main
Street Unionville South between Highway 7 and Unionville Gate/Enterprise Drive as
detailed in the Main Street Unionville Class Environmental Assessment Study,
Environmental Study Addendum Report be endorsed;
And that
Engineering Department staff be authorized to file the Environmental Study
Addendum Report for the 30-day public review commencing October 5, 2004;
And that Engineering staff be authorized to retain qualified consulting
firms to provide preliminary engineering services for the project including
geotechnical investigations, pavement evaluation and bridge condition surveys
for an estimated total cost of $53,500 inclusive of 7% GST ($50,000 exclusive
of GST);
And that funding for this project be provided
from the approved Capital Budget account #083-5399-5224-005.
(8) MARKHAM
SAFE STREETS TASK FORCE (MSSTF) –
2004 REPORT (5.12) Weblink
That the final report entitled “Markham Safe Streets Task Force
– 2004 Report to Council” be received and approved;
And
that the Clerk’s Department submit a copy of the final report to the Minister
of Transportation, highlighting the Town’s support for photo radar legislation;
And that the
Clerk’s Department circulate copies of the final report to the Region of York –
Transportation and Works Department, York Regional Police, York Regional
Transit and all Ratepayer Associations in Markham;
And that the
members of the Markham Safe Streets Task Force be thanked for their participation, and their names be credited in the final
version of the strategy document.
CARRIED
(9) MARKHAM
SAFE STREETS STRATEGY -
IMPLEMENTATION PLAN (5.12) Weblink Terms
That
the Markham Safe Streets Strategy Implementation Plan as outlined in the report
entitled “Markham Safe Streets Strategy – Implementation Plan”, dated September
27, 2004, be endorsed;
And that the
Neighbourhood Transportation Committees be abolished and the Traffic Safety
Committee Terms of Reference (attached to the original Council minutes kept on
file in the Clerk’s Office) be approved;
And that the
existing resident members of the Markham Safe Streets Task Force be appointed
to the Traffic Safety Committee for a term ending December 31, 2005;
And that
Council appoint Councillor S. Daurio,
Councillor A. Chiu, Councillor J. Webster, and Councillor K. Usman to
serve on the Traffic Safety Committee;
And that,
subject to the Traffic Safety Committee comments, the Top 25 Streets proposed
for the Enforcement Plan (attached to the original Council minutes kept on file
in the Clerk’s Office) be approved and that York Regional Police be requested
to provide enhanced enforcement on these streets in accordance with the Markham
Safe Streets Strategy;
And that,
subject to the Traffic Safety Committee comments, the five (5) Streets proposed
for the community-based education plan (attached to the original Council
minutes kept on file in the Clerk’s Office) be approved;
And that the
Road Watch Programme be established for the Town of Markham;
And that,
subject to comments by the Traffic Safety Committee, the Priority Routes
(attached to the original Council minutes kept on file in the Clerk’s Office)
as outlined in the report be approved;
And that
Engineering and Corporate Communications staff be authorized to retain services
of marketing consultants in accordance with Town Purchasing By-law;
And that the
Markham Safe Streets kick-off, as outlined in the staff report, be approved;
And that funding for the Implementation Plan be provided through the
existing Markham Safe Streets Task Force account number 083-5399-6144-005 with
a current balance of $92,926.00;
And that additional funding for the 2005 Markham Safe Streets Strategy
be identified through the capital budget process;
And that $50,000 be considered in the 2005 Operating Budget for
additional staff resources to implement the Markham Safe Streets Strategy;
And that the Traffic Safety Committee, and staff, update Committee on
the progress of Markham Safe Streets Implementation Plan.
CARRIED
(See following recorded vote) (10:1)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
NAYS: Regional Councillor J. Heath
ABSENT: Councillor E. Shapero,
Councillor J. Virgilio. (2)
(10) UNIONVILLE
COALITION -
FUNDING FOR ROAD IMPROVEMENTS
(5.10) Weblink
That the
report entitled “Unionville Coalition – Funding for Road Improvements” and
dated September 27, 2004 be received;
And that funding
for improvements along the Highway 7 interface be provided from development
charges;
And that
prioritization and funding of internal roads in Unionville be dealt with in
accordance with the Safe Streets Strategy.
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – SEPTEMBER
27, 2004 (16.0)
CARRIED
6(b) REPORT NO. 52 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor B. O'Donnell
That Report
No. 52 - Community Services & Environment Committee be received and
adopted.
October 4, 2004
(1) MINUTES – ADVISORY COMMITTEE ON
ACCESSIBILITY
SEPTEMBER 22, 2004 (16.9) Weblink
That the minutes of the Advisory Committee on Accessibility meeting
held on September 22, 2004, be received;
And
that the following resolution arising from the minutes, be endorsed:
“That the letter from the City of Cornwall
outlining a resolution that the City lobby the Province of Ontario and the
Association of Municipalities of Ontario to provide Special Funding that will
help municipalities employ the staff required to implement requirements under
the Ontarian’s with Disabilities Act (ODA) be received and endorsed;
(2) REPLACEMENT
OF 18TH AVENUE BRIDGE
OVER BRUCE CREEK – FILING OF
ENVIRONMENTAL ASSESSMENT PROJECT FILE (5.6)
Weblink
That
the Environmental Assessment Project File for the replacement of the 18th
Avenue Bridge over Bruce Creek be endorsed;
And
that the Town Clerk be authorized to file the Environmental Assessment Project
File for the 30-day public review commencing September 20, 2004;
And
that staff report back on the results of the 30-day public review and
recommended future actions.
(3) STEELES AVENUE WATERMAIN REPLACEMENT -
VICTORIA PARK AVENUE TO ESNA
PARK DRIVE (5.4) Weblink
That the report entitled “Steeles Avenue Watermain Replacement –
Victoria Park to Esna Park Drive” be received;
And that the construction cost for Contract 193-T-03 awarded to
Drainstar Contracting Ltd. for the “Steeles Avenue Watermain Replacement –
Victoria Park to Esna Park Drive” be increased from $424,299.00 (excluding 7%
GST) to $488,000.00 (excluding 7% GST)
And that the additional amount of $63,701.00
be added to capital account 053-6150-4890-005 funded from the Waterworks
Reserve, account 86-2700-112.
(4) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – OCTOBER 4,
2004 (16.0)
CARRIED
6(c) REPORT NO. 53 - FINANCE &
ADMINISTRATIVE COMMITTEE
Moved by
Councillor S. Daurio
Seconded by
Councillor J. Webster
That Report
No. 53 - Finance & Administrative Committee be received and adopted.
October 4, 2004
(1) 2005 BUDGET POLICIES AND GUIDELINES (7.4
& 7.5) policies
That
the presentation of the Director, Financial and Client Services regarding the
2005 Budget Policies and Guidelines be received;
And that the following Proposed 2005 Schedule
of Sub-Committee Meetings be approved:
- Tuesday, October 26 at 1:00 p.m. in the Canada Room
- Monday, November 15 at 9:00 a.m. in the York Room
- Monday, November 29 at 9:00 a.m. in the Canada Room
- Monday, December 13 at 9:00 a.m. in the York Room
And that the date of the 2005 Budget
Breakfast and the date of the 2005 Budget Approval by Council be brought
forward for consideration at the next meeting of Finance & Administrative
Committee;
And that the following Process for Councillor
Requests be approved:
- that Councillors with 2005
Budget requests send an email to the Budget Chief
and all Commissioners by the later of Friday, October 29th, or seven
(7) days after
the 2005 Capital Budget project details are made available to Council;
- and that such requests
include: purpose, benefits, implications of non-approval;
and funding required, if known;
- and that Councillor requests
be consolidated and reviewed at CCC, (CAO and
Commissioners' Committee), in conjunction with all budget pressures and
new
initiatives;
- and a response to all
Councillor requests, received by the later of Friday,
October 29th, or seven (7) days after the 2005 Capital Budget project
details are
made available to Council, be provided at the second Budget
Sub-Committee
meeting, scheduled for November 15th.
(2) START TIME OF OCTOBER 18, 2004 MEETING
OF
FINANCE & ADMINISTRATIVE
COMMITTEE (16.23)
That due to the Seniors' Extravaganza being
held at the Markham Theatre on October 18, 2004 at 1:00 p.m., which conflicts
with the meeting of the Finance & Administrative Committee, the Finance
& Administrative Committee meeting be re-scheduled to begin at 2:00 p.m.
the same day.
(3) DISPOSITION OF A PORTION OF THE EXISTING
TEMPORARY MARKHAM BY-PASS
THROUGH THE
CORNELL COMMUNITY (5.10) Weblink
That the staff report dated
October 4, 2004 entitled “Disposition of a portion of the existing temporary
Markham By-pass through the Cornell Community” be received;
And that, once the parallel
section of the permanent Markham By-pass is dedicated and operational by the
Region of York, staff be authorized to initiate the following actions for the
portion of the existing temporary Markham By-pass identified on Figure 1 to the
staff report:
- Enactment of a by-law to stop up and close the
subject portion of the existing temporary Markham By-pass.
- Declaration of the section to be transferred to
the adjacent land owner(s) and developed for residential or other purposes
to be surplus pursuant to Town of Markham By-law 178-96, and the transfer
of this section at a nominal fee to the adjacent land owner(s).
- Giving of notice of the proposed disposition of
the surplus section, as required by Town of Markham By-law 178-96.
- Incorporation of the stopped up and closed
section to be retained by the Town into the proposed community park. The
land area of this section shall be counted towards the developers group’s
contribution towards the community parkland dedication.
(4) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – OCTOBER 4,
2004 (16.0)
CARRIED
6(d) REPORT NO. 54- DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (3).
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Report No. 54 - Development Services Committee be received and
adopted.
October 5, 2004
(1) MARKHAM CENTRE, STREET LIGHT STANDARD
(10.0) report
That the
report entitled “Markham Centre Street Light Standard” be received;
And that the
upgraded street light standard for public streets in Markham Centre be
endorsed;
And that staff
report back on the full enhanced streetscape package for Markham Centre to the
first Development Services Committee in November 2004.
(2) RETAIL
IMPACT AND URBAN DESIGN STUDIES
HIGHWAY 48 FROM 16TH
AVENUE TO MAJOR MACKENZIE DRIVE
(10.8, 16.0) Weblink
That the
deputations by Terry LaGrice, and Amy Pialagitis on behalf of Markham Village
BIA, with concerns regarding commercial development on Highway 48, north of 16th
Avenue, be received;
And that the
staff report dated October 5, 2004 entitled “Retail Impact and Urban Design
Studies– Highway 48 from 16th Avenue to Major Mackenzie Drive,” be received;
And that staff
be authorized to retain John Winter and Associates to study the potential
impact of the anticipated retail development in the study area on Main Street
Markham and other nearby retail areas, and to recommend appropriate mitigating
measures to address any identified detrimental impacts;
And that staff
be authorized to retain a qualified retail market consultant to undertake a
peer review of the above referenced study and the April, 2004 study by John
Winter and Associates entitled “Review of Markham’s Commercial Policies;”
And that staff be authorized to retain a consultant to
undertake an urban design and streetscape study of the study area;
And that staff be authorized to retain the
aforementioned consultants as provided for in the Town’s purchasing by-law;
And that the projects be approved with upset limits of:
- commercial impact study - $20,000 (excluding GST);
- peer review of the commercial impact study and the
April, 2004 “Review of Markham’s Commercial Policies” study - $15,000
(excluding GST);
- urban design and landscape study - $25,000 (excluding GST).
And that the projects be funded from the Development
Charges Reserve fund (90%), in the amount of $54,000, and from Capital Account
# 80-5399-3515-005 Markham Village Transition Zone Design Guideline (10%), in
the amount of $6,000.
CARRIED
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – OCTOBER 5,
2004 (16.0)
(2/3rd vote to consider was
required and obtained)
YEAS: Deputy
Mayor F. Scarpitti, Councillor D. Horchik, Councillor K. Usman. (3)
NAYS: Mayor
D. Cousens, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey,
Councillor J. Webster, Councillor A. Chiu. (8)
ABSENT: Councillor E. Shapero,
Councillor J. Virgilio. (2)
7. MOTIONS
Council
consented to add Motions (1) to (4).
(1) REESOR
ROAD BRIDGE REPLACEMENT
BETWEEN 16TH AVENUE &
MAJOR MACKENZIE DRIVE (5.10)
Moved by Councillor K. Usman
Seconded by Councillor J. Webster
That the deputation by John Kay expressing concern for speed on the
bridge on Reesor Road between 16th Avenue and Major Mackenzie Drive and
suggesting that a new bridge is not required, be received;
And that the matter be referred to staff for a report to the Community
Services and Environment Committee in consultation with Development Services
Committee staff.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) RETAIL
IMPACT AND URBAN DESIGN STUDIES
HIGHWAY 48 FROM 16TH AVENUE TO
MAJOR MACKENZIE DRIVE (10.8, 16.0)
Moved by
Councillor E. Shapero
Seconded by
Councillor G. McKelvey
That
the deputation of Dr. Morley Lem, Chair, Board of Management of the Markham
Village Business Improvement Area (BIA), requesting special tax consideration
for Main Street Markham businesses and requesting that all stakeholders be
involved in the studies with issues such as traffic and heritage being
considered to build a bigger and better Markham, be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) REDEVELOPMENT
PROPOSAL FOR FORMER
CANADIAN TIRE SITE, 4675
STEELES AVENUE EAST
TORONTO (13.5.2)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor K. Usman
Whereas there
is a proposal to redevelop the former Canadian Tire site at 4675 Steeles Avenue
East in the City of Toronto with a two hundred (200) unit retail condominium
development;
And whereas
the proponent has made an application for building permit for alterations to
the building to permit the redevelopment and increase its usability;
And whereas
the proponent has not made an application for site plan approval for the
redevelopment, notwithstanding that the redevelopment constitutes
"development" within the meaning of the site plan control provisions
of the Planning Act;
And whereas issues such as parking facilities, access and traffic
circulation should be addressed through the site plan approval process prior to
issuance of any building permit for the redevelopment;
Now therefore be it resolved that staff be directed to notify the City
of Toronto that:
a. The
Town of Markham is concerned that the intensity of development and the adequacy
of existing parking layout, access and traffic circulation facilities.
b. No
building permit should be issued unless and until site plan approval is
obtained;
c. The
Town of Markham requests notification of any building permit issued and any
site plan or other application made under the Planning
Act, copies of all reports with respect to the redevelopment and
notice of any Committee or Council meetings dealing with any permits,
applications or approvals;
And that the Developer be requested to attend a Town of Markham
Development Services Committee meeting to discuss parking proposals;
And that Mayor David Miller, Councillor Mike Del Grande and the rest of
City of Toronto Council and Dr. Gordon Chong, GO Transit, be so advised.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) MARKHAM
MEN OF NOTE
NORDLINGEN, GERMANY, SEPTEMBER,
2004 (12.2.6)
Moved by Councillor S. Daurio
Seconded by Councillor G. McKelvey
That a letter of appreciation be forwarded to the Markham Men of Note
for their participation, for presenting an excellent profile of Markham and for
their good ambassador relationship in their recent trip to Nordlingen, Germany.
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council
consented to add Communications 138-2004 to 140-2004.
Council
consented to separate Communications 131-2004 and 132-2004.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
130-2004 Markham
Federation of Filipino Canadians - Forwarding appreciation to the Town of
Markham regarding the donation of obsolete computer equipment to their
organization. (7.13)
131-2004 Markham
Men of Note - Forwarding information regarding their trip to Nordlingen,
Germany, in September of 2004. (12.2.6)
CARRIED
132-2004 Lynda
Townsend Renaud Law Office - Filing a Notice of Appeal regarding Development
Charges By-law 2004-242 (Markham Centre - East Precinct Area 42B-9 ). The Notice will be forwarded to the Ontario
Municipal Board (7.11)
CARRIED
138-2004 Julia
Ryan, Goodmans LLP - Filing a Notice of Appeal
regarding Development Charges By-law 2004-247 (Cathedral Area 46). The Notice will be forwarded to the Ontario
Municipal Board (7.11)
139-2004 M.
F. Hull, Lonsmount Construction Limited - Filing
a Notice of Appeal regarding Development Charges By-laws 2004-228 (PD 1-7 Area
9 ), 2004-234 (Markham Centre Area 42B ), 2004-239 (Markham Centre - South Hwy
7 Area 42B-6 ), 2004-240 (Markham Centre - Remington Area 42B-7 ),
2004-241(Markham Centre - Sciberras Area 42B-8 ) and 2004-242 (Markham Centre -
East Precinct Area 42B-9). The Notice
will be forwarded to the Ontario Municipal Board (7.11)
140-2004 Mike
Kopansky, Sylmatt Investment - - Filing a Notice
of Appeal regarding Development Charges By-law 2004-242 (Markham Centre - East
Precinct Area 42B-9). The Notice will be
forwarded to the Ontario Municipal Board (7.11)
Referred to all Members of Council
133-2004 Easter
Seal Society - Forwarding a request to close the following road to facilitate
the Halloween Power Play for Easter Seal Kids being held at Fred Varley Drive
on October 31, 2004 from 10:00 a.m. to 5:00 p.m.:
- Fred Varley Drive west from Main
Street Unionville to east of E.J. Lennox Way. (3.5) (By-law 2004-290)
134-2004 Markham
District Veterans Association - Requesting permission to hold its annual
Remembrance Day Parade and Ceremony on November 6, 2004 between the hours of
10:30 a.m. and 11:30 a.m. and the Poppy Campaign from October 29 to November
11, 2004. (3.5.6)
135-2004 Markham
Village BIA - Forwarding a request to close the following roads to facilitate
the Markham Festival of Lights being held on Main Street Markham North on
November 26, 2004 from 5:00 p.m. to 11:00 p.m.:
- Main Street Markham north from Highway
7 to South of Parkway Avenue
- Access east from Main Street Markham
is closed to Centre Street & Robinson Street
- Access west from Main Street Markham
is closed to Thompson Court, Dublin Street and Robinson Street. (3.5) (By-law
2004-291)
Referred to Commissioner of
Development Services and Town Solicitor
136-2004 Ontario
Municipal Board - Advising that the appeals for the application submitted by
HIPA Investments Ltd. for rezoning 9899 Highway 48 from Select Industrial and
Warehousing to Major Commercial to permit a commercial/retail plaza and an
existing day nursery in the heritage building have been withdrawn. (13.13 &
10.5)
137-2004 Ontario
Municipal Board - Advising that the appeals for 10 Royal Orchard Blvd.,
Mandarin Investments Company have been withdrawn.(13.13)
CARRIED
9. PROCLAMATION
(1) PROCLAMATIONS
(3.4)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor J. Webster
That the
following be proclaimed in the Town of Markham:
- Ontario
Public Library Week - October 18 to 24, 2004
CARRIED
10. BY-LAWS
Council
consented to add By-laws 2004-298 and 2004-299.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor J. Jones
That By-laws
2004-283 to 2004-299 be given three readings and enacted.
Three Readings
BY-LAW 2004-283 A by-law to amend Traffic By-law 106-71 (Stop sign on Woolsthorpe
Crescent at Cobblestone Drive).
(Clause 1, Report No. 51, 2004)
BY-LAW 2004-284 A by-law to amend Traffic By-law 106-71 (All-way stop signs at
the intersection of Commerce Valley Drive West and South Park Road).
(Clause 2, Report No. 51, 2004)
BY-LAW 2004-285 A by-law to amend Traffic By-law 106-71 (All-way stop signs at
the intersection of Ferrier Street and Acadia Avenue).
(Clause 3, Report No. 51, 2004)
BY-LAW 2004-286 A by-law to amend Parking By-law 336-88 (Parking prohibition on
the inside curve of Acadia Avenue, from 45.0 m north of the northern property
line of #3700 Steeles Avenue East to the shared property line #80 and #100 on
Acadia Avenue).
(Clause 3, Report No. 51, 2004)
BY-LAW 2004-287 A by-law to amend Parking By-law 336-88 (Parking restriction on
the west side of Peter Street, between Beech Street and David Street).
(Clause 4, Report No. 51, 2004)
BY-LAW 2004-288 A by-law to amend Speed By-law 105-71 (To implement a 40 km/h
speed limit on Rodick Road between Woodbine Avenue and 16th Avenue).
(Clause 5, Report No. 51, 2004)
BY-LAW 2004-289 A by-law to amend Traffic By-law 106-71 ("Do Not Enter"
prohibition at the fire station on Riviera Drive).
(Clause 6, Report No. 51, 2004)
BY-LAW 2004-290 A by-law to authorize the temporary closing of Fred Varley Drive
on October 31, 2004 from 10:00 a.m. to 5:00 p.m. to facilitate the Halloween
Power Play for Easter Seal Kids.
(Communication No. 133-2004)
BY-LAW 2004-291 A by-law to authorize the temporary closing of Main Street
Markham on November 26, 2004 from 5:00 p.m. to 11:00 p.m. to facilitate the
Festival of Lights.
(Communication No. 135-2004)
BY-LAW 2004-292 A by-law to amend By-law 2004-2, being a by-law to designate The
Peter Pike House, 9451 Ninth Line (Administrative amendment - Revised legal
description, Block 303, Plan 65M-3759).
BY-LAW 2004-293 A by-law to amend By-law 2004-3, being a by-law to designate The
William Grant House, 7006 16th Avenue (Administrative amendment -
Revised legal description, Block 358, Plan 65M-3759).
BY-LAW 2004-294 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Milliken Public School, 4600 Steeles Avenue
East)
(Clause 1, Report No. 37, 2004)
BY-LAW 2004-295 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (to revise Schedule B).
BY-LAW 2004-296 A by-law to amend Zoning By-law 122-72, as amended (Markham and
Unionville Planning District, 19-23 Deviation Road - To remove the (H) Hold
provision).
BY-LAW 2004-297 A by-law to confirm the proceedings of the Council meeting of
October 12, 2004.
(Council Meeting No. 19, 2004)
BY-LAW 2004-298 A by-law to amend Zoning By-law 304-87, as amended
(Town-initiated zoning by-law amendment, Armadale East Planning District
(Planning District No. 24), east side of Markham Road, north of Denison Street
- To delete the subject lands from the designated area of By-law 304-87, as
amended. The subject lands will be
included within the designated area of By-law 177-96, as amended, to zone the
lands for commercial and residential uses).
(Clause 10, Report No. 37, 2004)
BY-LAW 2004-299 A by-law to amend Zoning By-law 177-96, as amended
(Town-initiated zoning by-law amendment, Armadale East Planning District
(Planning District No. 24), east side of Markham Road, north of Denison Street
- To zone the lands for commercial and residential uses).
(Clause 10, Report No. 37, 2004)
CARRIED
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:45 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)