November
23 and 24, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 13
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke,
Councillor E. Shapero, Councillor D. Hamilton, Councillor J. Webster,
Councillor L. Kanapathi, Councillor A. Chiu.
ABSENT
Councillor C.
Moretti, Councillor D. Horchik.
STAFF
J. Livey, Chief
Administrative Officer
J. Baird,
Commissioner of Development Services
B. Librecz,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
C. Conrad,
Town Solicitor
A. Brouwer, Deputy Town
Clerk
J. Wong, Technology Support
Specialist
D. Flaherty,
Director, Communications & Community Relations
A. Brown,
Director of Engineering
R. Capocci,
Chief of Staff
J. Lustig,
Treasurer
A. Tari,
Committee/Council Coordinator
The Regular
Meeting of Council convened at 7:08 p.m. on November 23, 2010 in the Council
Chamber, Civic Centre. Mayor F.
Scarpitti presided.
At 11:54 p.m.
on November 23, 2010, Council passed a motion to waive Section 3.28 of
Procedural By-law 2001-1 allowing the meeting to continue further than 12:01
a.m. on November 24, 2010. The motion
moved by Regional
Councillor J. Jones and seconded by Regional Councillor G. Landon was carried by two-thirds vote of the Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor J.
Webster disclosed an interest with respect to Report No. 55, Item No. 8,
Resolution No. 9, Markham Environmental Issues Funding Applications regarding
Community Gardens, by nature of being involved in his own community garden, and
did not take part in the discussion of or vote on the question of the approval
of such matters.
2. MINUTES
(1) COUNCIL MINUTES – SEPTEMBER 21, 2010
Minutes
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Virgilio
That the
Minutes of the Council Meeting held on September 21, 2010, be adopted.
CARRIED
3. PRESENTATIONS
Council
consented to add Presentation Nos. 8 and 9.
(1) NATIONAL
QUALITY INSTITUTE (NQI)
CANADA AWARD FOR EXCELLENCE SILVER
(CAE) (12.2.6)
Mayor
F. Scarpitti, on behalf of the Town of Markham, received the National Quality Institute
Canada Award for Excellence Silver from Mr. Allan
Ebedes, President and CEO, NQI.
The
award recognizes Town of Markham’s outstanding achievements in quality,
customer service and a healthy workplace.
(2) PAUL
MCGAW MEMORIAL CONSERVATION AWARD RECOGNITION (12.2.6)
The Paul McGaw Memorial Conservation Award presented by North American
Native Plant Society recognizes the Town of Markham’s extraordinary
contributions to conservation, protection, and restoration of natural
heritage/native flora of North America.
On behalf of the Town of Markham, Mayor F. Scarpitti and Brenda
Librecz, Commissioner, Community and Fire Services received the award presented
by the following members of the North American Native Plant Society:
- Deborah Dale, Jim French, Greg Hagan,
Miriam Henriques and Harold Smith.
Jim French, Founding Member, spoke briefly on behalf of the North
American Native Plant Society.
Karen Boniface, Technical Coordinator, Operations Department, assisted
with the presentation.
(3) COMMUNITIES
IN BLOOM ONTARIO
URBAN FOREST MANAGEMENT AWARD
RECOGNITION
(GRANDVIEW PARK WOODLOT
RESTORATION) (12.2.6)
The Communities in Bloom
Ontario Urban Forest Management Award presented by the Communities in Bloom
Ontario recognizes the Town of Markham’s and the Grandview Area Residents
Association’s contributions in the restoration of the Grandview Park woodlot.
Denis
Flanagan of Communities in Bloom Ontario presented the Communities in Bloom
Urban Forest Management Award (Grandview Park Woodlot Restoration) to Mayor F. Scarpitti,
Councillor V. Burke, Brenda Librecz, Commissioner, Community and Fire Services
and Jane McCulloch, John Hunter, Dayna Black, Lyn Vrensen and Peter Cox who have
actively worked on the forest restoration since March 2005 on behalf of the
Grandview Area Residents Association.
Nory Takata, Parks Planner, Operations Department, assisted with the
presentation.
(4) GOLD
YOUTH FRIENDLY COMMUNITY AWARD RECOGNITION (12.2.6)
Council recognized Community
Services Staff for winning the Gold Youth Friendly Community Award. This Provincial award recognizes Town of
Markham’s excellent effort in programming and facilitating spaces for youth.
On behalf of the Town of
Markham, Mayor F. Scarpitti, Mary Creighton, Director of Recreation, Jason
Tsein, Community Resource Coordinator, Brenda Librecz, Commissioner of
Community and Fire Services, Representative of YMCA, Mayor’s Youth Task Force
and the Board of Education participated in the presentation.
Jason Tsein, spoke about the
Play Works accreditation program and Markham’s successful achievements in the
past two years.
(5) ASSOCIATION
OF MUNICIPALITIES OF ONTARIO
P. J. MARSHALL AWARD (12.2.6)
Council
recognized Markham Public Library Staff for winning the P. J. Marshall Award
presented by the Association of Municipalities of Ontario. The Town of Markham earned the award for
creating a new library organization system to increase the efficiency of
retrieving items.
On
behalf of Town of Markham, Mayor F. Scarpitti, Library Board Members- Deputy
Mayor J. Heath, Councillor A. Chiu, Councillor J. Webster, Board Chair, Cheryl
Giblon, Catherine Biss, CEO, Markham Public Library, Brenda Librecz,
Commissioner, Community and Fire Services participated in the presentation.
Catherine
Biss provided remarks on the C3 project.
(6) RECYCLING
COUNCIL OF ONTARIO
2010 ONTARIO WASTE
MINIMIZATION AWARDS
- PLATINUM AWARD FOR MUNICIPAL WASTE DIVERSION
- GOLD AWARD FOR UNIQUE PROGRAM (12.2.6)
Council recognized
the Waste and Environment/Community Services Staff and all of the residents of
Markham for winning the following 2010 Ontario Waste Minimization Awards
presented by Recycling Council of Ontario:
- Platinum
Award for Municipal Waste Diversion – Best Recycler in Ontario
- Gold Award
for Unique Program – Zero Waste, Big Blue Belly, 2 year calendar
On behalf of
the Town of Markham, Mayor Scarpitti, Councillor Alex Chiu, Chair of Community
Services, Councillor Erin Shapero, Chair of Environment, Claudia Marsales,
Senior Manager, Waste Management and Environment, and Waste Management Team,
Brenda Librecz, Commissioner, Community Services received the awards.
Claudia
Marsales provided an overview of the awards and Markham’s results as Top
Recycler in Ontario.
(7) TOWN
OF MARKHAM UNITED WAY EMPLOYEE
FUNDRAISING CAMPAIGN
- COMMUNITY SERVICES COMMISSION
- DEVELOPMENT SERVICES
COMMISSION
ANNUAL GOLF TOURNAMENT
(12.2.6)
Brenda Librecz, Commissioner of Community and Fire Services, presented
a cheque in the amount of $3,000 to Mr. Adam Grant, Public Education Officer
and Chair of the 2010 Town of Markham United Way Employee Fundraising Campaign.
The donation represents the proceeds
from the Community Services Commission Annual Golf Tournament.
Jim Baird, Commissioner of Development Services, also presented a
cheque in the amount of $5,500 to Mr. Grant. The donation represents the proceeds from the
Development Services Commission Annual Golf Tournaments.
(8) RECOGNITION
OF DEPARTING MEMBERS OF COUNCIL
FROM 2006 – 2010 TERM OF
COUNCIL (12.2.6)
Mayor F. Scarpitti
recognized Ward 2 Councillor E. Shapero, Ward 5 Councillor J. Webster and Ward
6 Councillor D. Horchik for their many contributions to the Town of Markham
over the course of the 2006 – 2010 term of Council. Mayor F. Scarpitti also highlighted some of
the many accomplishments for each of the departing Council Members. He noted since 2006, the Town of Markham has
received over 26 provincial, national and international awards for professional
excellence for accomplishments in municipal planning, financial management,
heritage preservation, the arts, community services, communications and more.
Regional
Councillor J. Virgilio thanked the Mayor and Members of Council for their
support and noted he is proud to have represented Markham Council.
Councillor E. Shapero thanked the Mayor
and Members of Council, staff and residents of Ward 2 for their support. She congratulated Ward 2 Councillor elect
Howard Shore and extended her best wishes.
Councillor J. Webster thanked the Mayor
and Members of Council, staff and his Assistant Marina Antonoglou. He highlighted some of the many accomplishments
during his term of Council and noted he is proud to have served on Markham
Council.
(9) HERITAGE MARKHAM COMMITTEE MINUTES
ITEM #4 - SITE PLAN APPROVAL
APPLICATION
FILE NO. SC 10 111677
20 PETER STREET - CLADDING AND
WINDOW ISSUES (16.11)
Letter Nov
16 Memo Attachment
Nov
23 Memo
Regan
Hutcheson, Manager, Heritage Planning, summarized the details outlined in the
memo dated November 23, 2010.
There was
discussion on the issues identified by the homeowner and while sympathetic to
the pertinent health issues raised, Council stressed the importance of retaining
the original materials for a Class A Heritage Building.
(New/Other
Business No. 2)
4. DELEGATIONS
Council
consented to add Delegations (2) to (11).
(1) Azmeena Kara addressed
Council and spoke in support of her request to change the address for 4
Chimenti Court. (10.15)
(Item No. 1, Report No. 53)
(2) James Makaruk addressed
Council regarding the Appeal of Variances and Site Plan Approval to Ontario
Municipal Board, 94 John Street. He
requested Council to support the area residents and community groups. (8.0 and 10.6)
(In-Camera Item No. 2)
(3) Elena Bevilacqua
addressed Council regarding the Appeal of Variances and Site Plan Approval to
Ontario Municipal Board, 94 John Street. She requested Council to support the decision
of the Committee of Adjustment and Heritage Markham Committee. (8.0 and 10.6)
(In-Camera Item No. 2)
(4) Judson Whiteside
addressed Council regarding the Appeal of Variances and Site Plan Approval to
Ontario Municipal Board, 94 John Street. He requested Council to support the
recommendation of the Committee of Adjustment.
(8.0 and 10.6)
(In-Camera Item No. 2)
(5) Kirk Tobias addressed
Council regarding the Site Plan Control Application for 20 Peter Street. He is requesting that Council allow the
removal of the beaded edge cladding for the subject house. Mr. Tobias also noted there is mould in the
house and indicated his family would like a safe home to live in. (16.11)
(New/Other Businesses Item No. 2 and
Communication No. 60-2010)
(6) Bob James, German Mills
Ratepayer Association, addressed Council regarding the applications by Bayview
Summit Development Ltd. for Official Plan and Zoning By-law Amendments for
mixed-use, high-density residential and commercial development at 2900 Steeles
Avenue East. He provided comments
related to the proposed development and suggested the words “milestones for” be
removed from the proposed recommendation contained in Resolution No. 5. (10.3 and 10.5)
(Item No. 3, Report No. 54)
(7) Fred Webber addressed
Council regarding the applications by Bayview Summit Development Ltd. for
Official Plan and Zoning By-law Amendments for mixed-use, high-density
residential and commercial development at 2900 Steeles Avenue East. He requested Council to support the area
residents and community groups. (10.3
and 10.5)
(Item No. 3, Report No. 54)
(8) Carmen Naccarato
addressed Council regarding the Appeal of Variances and Site Plan Approval to
Ontario Municipal Board, 94 John Street. He requested Council to support the
applications. (8.0 and 10.6)
(In-Camera
Item No. 2)
(9) Howard Shore, Ward 2
Councillor elect, addressed Council regarding the applications by Bayview
Summit Development Ltd. for Official Plan and Zoning By-law Amendments for
mixed-use, high-density residential and commercial development at 2900 Steeles
Avenue East. He noted his opposition for
the proposed development and his support for the sentiment of the area
residents. (10.3 and 10.5)
(Item No. 3, Report No. 54)
(10) Eileen Liasi addressed
Council regarding the applications by Bayview Summit Development Ltd. for
Official Plan and Zoning By-law Amendments for mixed-use, high-density
residential and commercial development at 2900 Steeles Avenue East. She submitted a copy of the presentation
including information on density and floor space for the subject matter. She also noted her support for the staff’s
recommendation. (10.3 and 10.5)
(Item No. 3, Report No. 54) Info
(11) Chris Sauer addressed regarding
the Site Plan Control Application for 20 Peter Street. He noted his support for the replacement of beaded
edge siding with V-joint cladding. (16.11)
(New/Other Businesses Item No. 2 and
Communication No. 60-2010)
5. PETITIONS
There were no
petitions considered by Council.
6(a) REPORT NO. 53 - DEVELOPMENT SERVICES
COMMITTEE
(November 2, 2010)
Moved by Councillor J. Webster
Seconded by Councillor L. Kanapathi
(1) REQUEST BY MANSURALI
AND AZMEENA KARA
FOR A CHANGE OF ADDRESS FROM
4 CHIMENTI COURT TO 2A OR 6A
CHIMENTI COURT (10.15)
Letter Memo Appendix
A Appendix
B
1) That
the request for an address change by Mansurali and Azmeena Kara from 4 Chimenti
Court to 2A or 6A Chimenti Court be denied on the basis that the requested
change would not comply with the Town’s approved street addressing criteria.
CARRIED
(2) REQUEST BY GRAHAM AND
LUCIE CANNING
FOR A CHANGE OF
ADDRESS FROM
4 MACPHAIL COURT TO 3 OR 5
MACPHAIL COURT (10.15)
Letter Memo
Appendix
A Appendix
B
1) That
the request for an address change by Graham and Lucie Canning from 4 Macphail
Court to 3 or 5 Macphail Court be denied on the basis that the requested change
would not comply with the Town’s approved street addressing criteria.
CARRIED
(3) UPPER UNIONVILLE
COMMUNITY DESIGN PLAN (10.0)
Report Attachment
1) That
the Upper Unionville Community Design Plan, dated September 24, 2010, be
received and;
2) That
the Upper Unionville Community Design Plan, dated September 24, 2010, be
endorsed subject to the following revisions to the document:
a) all references to a clock tower be replaced with a Public
Art Piece appropriate to the proposed development.
b) provide a guideline that provides for the
“Commercial/Residential” buildings identified near the intersection of 16th
Avenue and Kennedy Road to be designed to reflect the ability to have flexible
zoning to allow live/work or commercial
uses in the future.
c) to revise the streetscape plan to reflect the Town's
approved tree species list.
d) to revise the Sustainable Development guidelines to include
Council’s interim sustainable guideline requirements, to address specific
performance measures such as those contained in the Region of York’s
Sustainable Home Incentive Program (S.H.I.P.), and to incorporate Sustainable Measures such as native drought tolerant
vegetation, minimum top soil depth, and building design guidelines; and,
3) That
the community design plan be used in the evaluation of development applications
within the Upper Unionville Neighbourhood; and,
4) That
the community design plan be reflected in the conditions of draft plan approval
and subdivision and site plan agreements within the Upper Unionville
Neighbourhood as appropriate; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) H AND W DEVELOPMENT
CORPORATION
EAST SIDE OF SOUTH TOWN CENTRE
BOULEVARD
BETWEEN CLEGG ROAD AND
CEDARLAND DRIVE
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT
AND SITE PLAN APPROVAL FOR A
PROPOSED
RESIDENTIAL DEVELOPMENT
(ZA 08 106754 AND SC 05
027409) (10.5, 10.7)
Report Attachment
1) That
the staff report dated November 2, 2010 titled “H and W Development
Corporation, East side of South Town Centre Boulevard between Clegg Road and
Cedarland Drive, Application for zoning by-law amendment and site plan approval
for a proposed residential development,” be received; and,
2) That
the record of the Public Meeting held on December 7, 2009, be received; and,
3) That
the zoning by-law amendment application be approved, and the draft zoning
by-law amendment attached as Appendix ‘B,’ be finalized and enacted; and,
4) That
the site plan application be endorsed, in principle; and,
5) That
site plan approval be delegated to the Commissioner of Development Services, or
his designate, to be issued following execution of a site plan agreement (Site
Plan Approval is issued only when the Commissioner has signed the site plan
“approved”), when the following conditions have been met:
·
The Owner has
entered into a site plan agreement with
the Town containing all standard and special provisions and requirements of the
Town and public agencies and the provisions outlined in Appendix ‘A’ to the
November 2, 2010 staff report.
·
The trustee for
the applicable cost sharing group has advised the Town in writing that the required
servicing allocation for the proposed development, or any proposed phase
thereof, has been assigned to H and W Development Corporation.
·
The Trustee for
the applicable cost sharing group has advised the Town in writing that the
Owner is in good standing with the group.
·
The applicant has
entered into a development agreement (which may form a component of the site
plan agreement) for the construction of the Courtyard Lane extension.
·
The holding
provision has been removed from the zoning of the subject lands in accordance
with the provisions of the By-law 2004-196, as amended; and,
6) That
staff be authorized to enter into negotiations with the applicant regarding a
Section 37 contribution, to form the basis of a draft Section 37 Agreement to
be brought back to Council for consideration; and,
7) That Council authorize the Mayor and Town Clerk to enter
into a development agreement with the Owner (which may form a component of the
site plan agreement) for the construction of the Courtyard Lane extension; and,
8) That
the Town owned lands to the west of the Courtyard Lane extension (Block 8, Plan
65M-3998 and an approximately 250 square metre portion of Block 3, Plan
65M-3998) be declared surplus to Town purposes by By-law and conveyed to H
& W Development Corporation at a purchase price based on fair market value
as established by an independent third party appraisal to the satisfaction of
the Town’s Chief Administrative Officer, with the said appraiser to be retained
by the Town at H & W Development Corporation’s sole cost and expense; and,
9) That
in the event the Owner participates in the enhanced hoarding program for
Markham Centre, the Mayor and clerk be authorized to execute a hoarding
agreement with the Owner; and,
10) That
the correspondence from Peter Swinton, PMG Planning Consultants on behalf of
Aryeh Construction Limited, be received; and further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(Communication No. 56-2010) (By-law 2010-205)
CARRIED
(5) INTERIM PHASING PLAN
FOR PHASE 1
OF DRAFT PLAN OF SUBDIVISION
19TM-070003 (TIMES GROUP INC.)
SOUTH SIDE OF HIGHWAY 7
EAST OF WARDEN AVENUE (SU 07 133313) (10.7)
Report Appendix
A
1) That
the staff report entitled “Interim phasing plan for Phase 1 of draft plan of
subdivision 19TM-070003 (Times Group Inc.), South side of Highway 7, east of
Warden Avenue,” be received; and,
2) That
the interim phasing plan for Phase 1, attached as Appendix ‘A’ to the staff
report, be approved; and,
3) That,
prior to the execution of a subdivision agreement for Phase 2, the Owner shall
submit a comprehensive phasing plan for approval by the Council of the Town of
Markham addressing the infrastructure and transportation requirements
associated with Phase 2 and all subsequent phases as per the approved Precinct
Plan; and,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) FESTIVALS & EVENTS
ONTARIO CONFERENCE
– MARKHAM, ONTARIO
MARCH 2 – 5, 2011 (10.16)
Report Attachment
1) That
the report entitled “Festivals and Events Ontario Conference – Markham,
Ontario, March 2 – 5, 2011, be received; and,
2) That the Town sponsor the Festivals and
Events Ontario Conference at a cost not to exceed $15,000 to be funded from the
2011 Capital Accounts; and,
3) That the cost of the sponsorship be
expensed from within the pre-approved 2011 “Festival and Events Ontario
Conference” Capital Budget; and
4) That the verbal update by Ms. Suzanne
McCrimmon, Senior Economic Development
Officer regarding Festival and Events Ontario Conference, be received; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 54 - DEVELOPMENT SERVICES
COMMITTEE
(November 16, 2010)
Council
consented to separate Item Nos. 1 and 3.
Moved by Councillor J. Webster
Seconded by Councillor E. Shapero
(1) REVIEWING STREET
ADDRESSING
CRITERION NUMBER 12 (10.15)
Report Figure
1 Figure
2 Appendix
A Appendix
B
1) That the report entitled “Reviewing Street Addressing
Criterion Number 12”, dated November 16, 2010, be received; and,
2) That
Staff be authorized to interpret the intent of street addressing criterion
number 12 to permit the inclusion of both odd and even numbers when assigning
addressing in the case of small courts; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) TRAFFIC CONTROL SIGNALS
– PROPOSED BY-LAW AMENDMENTS (5.12)
Report Map By-law
1) That
the report entitled “Traffic Control Signals – Proposed By-Law Amendments”, be
received; and,
2) That Schedule 19 of Traffic By-law 106-71, pertaining to
“Traffic Control Signals”, be amended by including the following intersections:
·
Brimley Road and Wilclay Avenue / Winston
Road
·
Bur Oak Avenue and Brunswick Avenue
·
Bur Oak Avenue, 140 metres east of The Bridle
Walk
·
Church Street and Country Glen Road
·
Copper Creek
Drive and Bernbridge Road
·
Enterprise Boulevard and Rivis Road
·
Enterprise
Boulevard and Main Street Unionville; and,
3) That
the Schedule 12 of Traffic By-law 106-71, pertaining to “Compulsory Stops”, be
amended by rescinding the stop control at the following intersections:
·
Brimley Road and
Wilclay Avenue / Winston Road
·
Church Street and Country Glen Road
·
Enterprise Boulevard and Main Street
Unionville; and,
4) That
the amended by-laws shall come into force and effect when the authorized
traffic control signals have been energized; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2010-206)
CARRIED
(3) APPLICATIONS BY BAYVIEW
SUMMIT DEVELOPMENT LTD.
FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
FOR MIXED USE HIGH DENSITY
RESIDENTIAL AND
COMMERCIAL DEVELOPMENT
2900 STEELES AVENUE EAST
(N/E CORNER OF STEELES AVE E
AND DON MILLS ROAD)
(OP 07 130802 & ZA 07
110745) (10.3, 10.5)
Report Attachment
1) That the correspondence
from Mr. Bob James, Mr. Fred Webber and Eileen Liasi be received; and,
2) That
the report entitled “RECOMMENDATION REPORT:
Applications by Bayview Summit Development Ltd. for Official Plan and
Zoning By-law Amendments for mixed-use, high-density residential and commercial
development, 2900 Steeles Avenue East (n/e corner of Steeles Ave E and Don
Mills Road), File Nos. OP 07 130802 & ZA 07 110745” be received only and
that the Town of Markham Council not endorse any specific density at this time;
and,
3) That
the applications by Bayview Summit Development Ltd. for Official Plan and
Zoning By-law Amendments be denied as currently proposed; and,
4) That
Council endorse in principle the built form and planning principles set out in
Appendix A to this report and that the applicant be encouraged to continue to
work cooperatively with staff to revise the development proposal to implement
these principles; and,
5) That
prior to any redevelopment of the site, the Commissioner of Development
Services report back to Council on a phasing plan for the development of this
site, based on the availability of servicing allocation and linked to the
delivery of high order transportation infrastructure; and,
6) That
staff be directed to attend the Ontario Municipal Board hearing when scheduled;
and,
7) That
a negotiating group be established with the Mayor, the Ward Councillor, staff
and the applicant to work through the outstanding issues and concerns related
to their proposal; and further,
8) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE
(See following recorded vote)
YEAS: Mayor
F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke,
Councillor E. Shapero, Councillor D. Hamilton, Councillor J. Webster,
Councillor L. Kanapathi, Councillor A. Chiu. (11)
ABSENT: Councillor
C. Moretti, Councillor D. Horchik. (2)
Council consented to remove the words “...milestones for...” after the
words “ allocation and linked to...” contained
in Resolution No. 5.
(4) WYKLAND ESTATES INC.
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND ZONING BY-LAW AMENDMENT
(19TM-10002)
WEST OF CORNELL CENTRE BLVD.,
SOUTH OF 16TH AVENUE
CORNELL COMMUNITY
(ZA.10-114269 AND
SU.10-114270) (10.7, 10.5)
Report Attachment
1) That
the report dated November 16, 2010 entitled “Recommendation Report, Wykland
Estates Inc. Applications for Draft Plan of Subdivision and Zoning By-law
Amendment (19TM-10002), West of Cornell Centre Blvd, south of 16th
Avenue, Cornell Community. File Numbers: ZA.10-114270 and SU SU.10-114270” be
received; and,
2) That
the record of the Public Meeting held on June 1, 2010, regarding the
applications for approval of Draft Plan of Subdivision and implementing Zoning
By-law be received; and,
3) That
the draft plan of subdivision (19TM-10002) submitted by Wykland Estates Inc. be
draft approved subject to the conditions attached as Appendix ‘A’ to this
report; and,
4) That
the application submitted by Wykland Estates Inc. to amend Zoning By-laws
304-87 and 177-96, as amended, be approved and the draft by-laws attached as
Appendix ‘B’ be finalized and enacted without further notice; and,
5) That
conditional 2011 servicing allocation for 130 single detached units, 70 semi
detached units and 198 townhouse units (1250.76 population) be granted to
Wykland Estates, subject to written confirmation from the Trustee of the
Cornell Developers Group that servicing allocation is available from the total
2011/2012 sewer and water allocation previously assigned to the Cornell
Community; and,
6) That
the Town reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and,
7) That
the Mayor and Clerk be authorized to enter into a No Presale Agreement with
owners of 19TM-10002 for the remaining
units and such agreement shall be registered on title, committing the
owner not to enter into any agreements of purchase and sale with anyone,
including other developers or builders, for the lands until such time as:
a) the
Town of Markham approves a transfer of servicing allocation to this development
that is not dependent upon the construction of infrastructure; or,
b) i) York Region has advised
in writing that the expected completion of the Southeast Collector Trunk Sewer
project will be within twelve (12)
months.
ii) The Council of the Town of
Markham has allocated adequate available water supply and sewage servicing
capacity to the subject development; or,
c) the Regional Commissioner of Environmental Services confirms
servicing capacity for this development by a suitable alternative method and
the Town of Markham allocates the capacity to this development; and,
8) That
the Owner provide the Town with the required payment of 30% processing fees in
accordance with the Town’s applicable Fee By-law; and,
9) That
the Region of York be advised of the servicing allocation for this development;
and,
10) That
the draft plan approval for plan of subdivision 19TM-10002 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2010-207 and 2010-208)
CARRIED
(5) MULTI-USE PATHWAY
CONSULTATION STRATEGY
- TOOGOOD POND TO BOB HUNTER
MEMORIAL PARK (5.7)
Report Attachment
1) That
the Multi-Use and Pedestrian Pathway Consultation Strategy - Toogood Pond to
Bob Hunter Memorial Park be received and endorsed; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) UTILITIES RELOCATION
FOR RODICK ROAD PHASE 2
(MILLER AVENUE TO
14TH AVENUE) AND
RODICK ROAD PHASE 3 (14TH
AVENUE TO ESNA PARK DRIVE) (5.10)
Report Attachment
1) That
the report entitled “Utilities Relocation for Rodick Road Phase 2 (Miller
Avenue to 14th Avenue) and Rodick Road Phase 3 (14th Avenue to Esna
Park Drive)” be received; and,
2) That the tendering process for the relocation of existing
utilities for Rodick Road Phase 2 (Miller Avenue to 14th Avenue) and
Rodick Road Phase 3 (14th Avenue to Esna Park), including design
review and construction co-ordination services, be waived in accordance with
Purchasing By-Law 2004-341 Part II, Section 7(2); and,
3) That
Staff be authorized to issue Purchase Orders to the various utility companies
for the relocation of their existing facilities for Rodick Road Phase 2 (Miller
Avenue to 14th Avenue) up to a total value of $300,000.00 exclusive
of HST to be funded from the Rodick Road Reconstruction – Miller Ave. to 14th
Ave account # 83-5350-7258-005; and,
4) That
Staff be authorized to issue Purchase Orders to the various utility companies
for the relocation of their existing facilities for Rodick Road Phase 3 (14th
Avenue to Esna Park Drive) up to a total value of $1,300,000.00 exclusive of
HST to be funded from the Rodick Road Extension – Phase 3 account #
83-5350-9300-005; and further,
5) That
Staff be authorized and directed to take the actions necessary, including the
execution of documents, to give effect to this report.
CARRIED
6(c) REPORT NO. 55 – GENERAL COMMITTEE
(November 22, 2010)
Council
consented to separate Item Nos. 1 and 8.
Moved by Regional Councillor J. Virgilio
Seconded by Councillor A. Chiu
(1) YORK REGION CHILDREN’S AID
SOCIETY BOARD (3.0)
Presentation
1) That the Deputation by Ms. Jennifer
Grant and Ms. Sophia Wong from the Board of Directors of the York Region
Children’s Aid Society be received; and
2) That the Town of
Markham forward the following resolution to the attention of Premier Dalton
McGuinty and the Minister of Children and Youth Services Laurel Broten:
Whereas York Region is the third lowest funded Children’s Aid Society
Board in the Province of Ontario, receiving 40 cents on the dollar compared to
Toronto;
And Whereas the funding for the most vulnerable children in York Region
is approaching a crisis level, compromising services and placing children at
risk;
And Whereas the Town of Markham views the potential impacts on child
protection as unacceptable;
Now Therefore be it resolved, the Town of Markham strongly requests the
Province to increase funding to the York Region Children’s Aid Society Board to
be equitable to that of other Regions; and
3) That the resolution be
forwarded to other municipalities in York Region, and the Association of
Municipalities of Ontario (AMO), petitioning their support; and further,
4) That the Town of
Markham request the Regional Chair and CEO Bill Fisch convene a meeting with
the Minister of Children and Youth Services Laurel Broten on behalf of the York
Region municipalities.
CARRIED
Council consented to delete the following Resolution No.
4 in its entirety:
“4) That Regional Chair and
CEO Bill Fisch and the Mayors of all municipalities in York Region be
encouraged to make a deputation to the Province in this regard.”
and replace it with the following Resolution No. 4:
“4) That the Town of Markham request the Regional
Chair and CEO Bill Fisch convene a meeting with the Minister of Children and
Youth Services Laurel Broten on behalf of the York Region municipalities.”
(2) VOLUNTEER
ICE RINK PROGRAM-
SNOW PLOWING: GRANDVIEW PARK AND
BAYVIEW LANE PARK, THORNHILL (6.1)
Report
1) That
the Deputation by Mr. Rob Chillingworth, Mr. Brian Forrester and Mr. John Bell,
Volunteer Ice Rink Co-ordinators for Thornhill be received; and,
2) That
the Volunteer Ice Rink Policy be amended to allow use of snow plowing equipment
to remove snow from the ice rinks; and,
3) That
Council direct staff to negotiate a Memorandum of Understanding (MOU) with the
Volunteer Ice Rink Groups, in a form satisfactory to the Town Solicitor, to
allow plowing of ice rinks using a combination of Options A and B, as outlined
in this report, and that staff be directed to look at alterative options for
local snowplowing businesses to volunteer services, provided all necessary
requirements are in place; and,
4) That
the Town’s contribution towards ice rink snow clearing by contracted services
be included in the current ‘ice rink materials’ cost sharing agreement with
Volunteer Groups (to an upset limit of $500 per location per year); and,
5) That
Option D, snow removal by use of a snow blower not be allowed due to safety
issues; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) MINUTES OF THE SEPTEMBER 14, AND
OCTOBER 12, 2010 SENIORS
ADVISORY COMMITTEE (16.0)
September October
1) That
the Minutes of the September 14 and October 12, 2010 Seniors Advisory Committee
be received for information purposes and,
2) That
Council consider the following resolution passed at the September 14, 2010
Seniors Advisory Committee:
“That the Seniors Advisory Committee strongly recommend that the Town
of Markham Council allocate adequate space for seniors at Community Centres; and,
That the Town of Markham Council ensure allotted Community Centre space
for seniors is at times of the day which permit seniors to fully participate in
recreational programs and activities; and,
That the Town of Markham Council include proper space for seniors in
its plans for new Community Centres and when updating existing Community Centres; and further,
That the Seniors Advisory Committee be consulted when allocating Community
Centre space to seniors and when designing new spaces for seniors.”
CARRIED
(4) APPOINTMENTS
TO ADVISORY
BOARDS/COMMITTEES (16.24)
1) That the following
persons be appointed to the Mayor’s Youth Task Force, for the term
ending June 30, 2011:
- Kush Thaker
- Mark Mercado; and,
2) That the resignation of
Mr. Tasneem (Taz) Karimjee from the Seniors’ Advisory Committee be
received with regret and that a letter of appreciation be forwarded; and,
3) That the vacancy be
filled following the commencement of the new Council; and,
4) That the resignation of
Mr. Vince Tortorici from the Friends of Markham Museum Board be received
with regret and that a letter of appreciation be forwarded; and,
5) That the vacancy be
filled following the commencement of the new Council and,
6) That the
resignation of Ms. Sandra McEleney from the Cycling & Pedestrian
Advisory Committee be received with regret and that a letter of
appreciation be forwarded; and further,
7) That the vacancy be filled following
the commencement of the new Council.
CARRIED
(5) SEPTEMBER
2010 YEAR-TO-DATE REVIEW OF
OPERATIONS AND YEAR-END PROJECTION
AND ADDITIONAL FINANCIAL DISCLOSURE
REQUIREMENTS PURSUANT TO ONTARIO
REGULATION 284/09 (7.0)
Report Attachments
1) That the report dated
December 1, 2010 entitled “September 2010 Year-To-Date Review of Operations and Year-End Projection”
be received; and,
2) That the “Additional
Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be
received for information purposes.
CARRIED
(6) WINTER
PARKING PILOT PROGRAM (2.17)
Report Appendix A Appendix
B
1) That
the report entitled, “Winter Parking Pilot Program” be received; and,
2) That
Council endorse the continuation of the pilot project initiated in 2009 to
restrict parking on the “even” numbered side of the street, applicable to all
municipal roads, from November 15, 2010
to April 15, 2011; and,
3) That
the education and communications campaign commence as soon as possible; and,
4) That
the Winter Parking Committee report back in Spring 2011, with the results of
the pilot project; and
5) That
the funding for the education and communications campaign be provided from the
Operations Department operating account 700 998 5801 to an upset limit of
$3500; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) INFRASTRUCTURE PROJECTS-
OPERATING PLANS & IMPACTS
(6.0)
Report
1) That
the report entitled “Infrastructure Projects – Operating Plans & Impacts”
be received; and,
2) That
Council support the operating plans set forth; and,
3) That
Staff incorporate the operating impacts of the various Infrastructure Projects
in the 2011 Operating Budget submission; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(8) MARKHAM
ENVIRONMENTAL ISSUES
COMMITTEE, MINUTES, NOVEMBER 3, 2010
AND FALL FUNDING CYCLE 2010
SUPPLEMENTARY INFORMATION (16.0)
Minutes Memo Report
1) That
the Minutes of the Markham Environmental Issues Committee meeting, dated
November 3, 2010, be received for information purposes; and,
2)
That the Fall Funding Cycle 2010 Supplementary Information Memo, dated November
15, 2010, be received; and,
3) That the application by Dr. Jose
Etcheverry, York University, for a Sustainable Energy Initiative be approved,
to a maximum of $5,330.00, subject to York University executing an agreement
with the Town, in a form satisfactory to the Town Solicitor, confirming the Town’s
ownership of the Sun Eye Analysis device; and,
4) That
the Commissioner of Community and Fire Services be authorized to execute the
agreement on behalf of the Town, with Dr, Jose Etcheverry and York University;
and,
5) That the funding application by David
Suzuki Public School, for $2,040 for an outdoor classroom, be approved, subject
to final review and approval of a site plan and species selection by Parks
staff; and,
6) That the application by James Robinson
Public School, for $5,000 for an organic waste recycling project, be approved,
subject to working with Town of Markham Waste Management staff; and,
7) That the funding application by David
Merriman, Facilities Coordinator, for $33,285 for a Green Spin Studio, be
approved, including signage costs; and,
8) That
the application by Vicky McGrath, Sustainability Office, for a school
demonstration garden at Baythorn P.S., be approved in the amount of $1,816
subject to the consent of the school board; and,
9) That
the request for Town funding of a community garden on a private condominium
property at Stately Way, York Condominium Corporation No. 34, including
programming and communications programs, be approved in the amount of $3,116
subject to securing condominium board approval to the satisfaction of the Town
Solicitor; and,
10) That
the Sustainability Office staff take all necessary steps, prior to release of
funding for a school demonstration garden at Baythorn P.S. and a community
garden at York Condominium Corporation No. 34,
to ensure all necessary approvals are secured and soil testing has been
taken; and,
11) That the funding application received
from Alex Moore, Purchasing, to extend the contract for a part-time person
until the end of March, 2011, to complete the Green Purchasing Guide be
approved to a maximum amount of $15,000; and further,
12) That the Markham Trees For Tomorrow Fund
Application request by 10,000 Trees for the Rouge, for $8,100, to conduct a
series of fall tree plantings to restore 3 acres of floodplain along the north
bank of the Little Rouge River to enhance the biological diversity and increase
the effective riparian buffer along a 500+ m reach of this sensitive watershed
area, be approved.
CARRIED
(Councillor J. Webster abstained
for Resolution No. 9)
7. MOTIONS
There were no
motions considered by Council.
8. NOTICES OF MOTIONS
There were no
notices of motions considered by Council.
9. COMMUNICATIONS
Council
consented to add Communication Nos. 58-2010 to 60-2010.
Moved by Councillor A. Chiu
Seconded by Councillor D. Hamilton
That Council
receive and consent to the disposition of communications in the following
manner:
Received
52-2010 Gail D. Leet,
President, Markham Seniors Activity Centre – Forwarding a letter to thank
Council for providing a grant and to advise the fund has been used towards the
purchase of new computers. (7.6)
Letter
Referred to all Members of
Council
53-2010 Minister of
Citizenship and Immigrant of Ontario - Calling nominations for the June
Callwood Outstanding Achievement Award for Voluntarism in Ontario. The award recognizes exceptional leadership,
innovation and creativity in voluntarism and community service. Deadline for nominations is December 5, 2010.
(13.2)
Letter
54-2010 Rotary Club of
Markham Sunrise Inc. - Forwarding a request to close the following streets to
facilitate the Markham Santa Claus Parade being held on November 27, 2010:
9:00 a.m. to 1:00 p.m.
·
1 Hwy 7 east of Wooten Way to west of Hwy 48
·
Hwy 7 north of Main St Markham to Parkway
Ave.
·
Wooten Way west of Hwy 7
·
Wideman street north of Hwy 7
·
Christman Court south of Hwy 7
·
Savannah cres north of Hwy 7
·
Jerman Street north of Hwy 7
·
Thomson Court West of Main street
·
Washington street north of Hwy 7
·
Washtington Street & Hwy 7
·
Albert Street & Hwy 7
·
Centre Street east of Main street
·
Robinson Street west of Main Street
·
Albert Street north of Hwy 7
·
Dublin Street west of Main Street
7:00 a.m. to 1:00 p.m.
·
Robinson Street east of Main St Markham to
George St.
9:00 a.m. to 1:00 p.m.
·
Wilson Street west of Main street
·
Bullock Drive west of Main Street
·
Parkway Avenue east of Main street
9:30 a.m. to 11:00 a.m.
·
Reeves Drive
10:00 a.m. to 1:00 p.m.
·
Station Street west of Main Street
·
Beech St west of Main Street
·
Eby Way west of Main Street
·
Springdale Ave west of Main Street
·
Gleason Ave east of Main Street
·
Peter Street, south of 16th Ave.
·
David Street west of Main St.
·
Pilkey Lane east of Main St.
·
Elizabeth Street, south of 16th
Ave.
·
Quarry Stone Ave south of 16th Ave
·
16th Ave east of Mingay Avenue
·
Heritage Corners north of 16th Ave
·
Main St N east of Deer Park Lane
·
Main St N, east & west of 16th
Avenue
·
Main St. N, south of Bur Oak Ave (3.5.5)
Info
55-2010 Markham Village
BIA - Forwarding a request to close the following streets on November 27, 2010
from 3:00 p.m. to 10:00 p.m. to facilitate the Festival of Lights:
- Access east
from Main Street Markham is closed to Robinson Street
- Access west to
Main Street Markham is closed to Robinson Street. (3.5)
Info
56-2010 Commissioner of
Development Services – Providing an update and recommending the enactment of
zoning by-law amendment regarding the application submitted by H and W
Development Corporation for a proposed residential development, east side of
South Town Centre Boulevard between Clegg Road and Cedarland Drive. (10.5 and
10.7)
(Item
No. 4, Report No. 53) (By-law 2010-205)
Memo&By-law
Referred to Commissioner of
Development Services & Town Solicitor
57-2010 Ontario
Municipal Board - Forwarding their Orders dated September 28, 2010 to dismiss
the appeal against By-law 2009-193 (Peoples Christian Academy, 245 Renfrew
Drive). (13.13)
Letter
Referred to all Members of
Council
58-2010- Greg McCormick,
Chair, Unionville BIA - Forwarding a request to close the following roads to
facilitate the Unionville Olde Tyme Christmas being held on Friday, December 3,
2010:
6:00 p.m. to 8:00
p.m.
- Main Street
Unionville north of Euclid to south of Library Lane
- Carlton Road
west of Concession Road to south of Pomander Road
6:00 p.m. to 10:00
p.m.
- Main Street
Unionville & Concession Road to south of Carlton Road
- Fred Varley
east of EJ Lennox Way to Main Street Unionville
Info
59-2010 Morton Roseman – Forwarding comments
with respect to the Appeal of Variances and Site Plan Approval to
Ontario Municipal Board, 94 John Street. (8.0 and 10.6)
(In-Camera Item No. 2)
Letter
60-2010 Kirk Tobias –
Forwarding an article from Health Canada regarding Healthy Living – Dampness,
Mould and Indoor Air. (16.11)
(Delegation Item No. 5
and New/Other Businesses Item No. 2)
Info
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATIONS
(3.4)
Info
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
1) That
the following be proclaimed in the Town of Markham:
- Montessori Week (Week of February 22, 2011) and International Day
(March 11, 2011); and,
2) That
the Communications and Community Relations Department be requested to publish
the above proclamations in the local newspapers.
CARRIED
11. NEW/OTHER BUSINESSES
(1) FLATO
MEADOWS INC.
251 AND 271 HELEN
AVENUE AND
THE ABUTTING LOT TO THE EAST
ZONING BY-LAW AMENDMENT
APPLICATION TO PERMIT NEW
RESIDENTIAL DEVELOPMENT
CONSISTING OF
64 SINGLE AND SEMI-DETACHED
UNITS IN SOUTH UNIONVILLE
(ZA 10 109547) (10.5)
Memo
Moved by Councillor J. Webster
Seconded by Councillor A. Chiu
1) That
the memorandum dated November 9, 2010 from the Commissioner of Development
Services providing an update with respect to the application for Flato Meadows Inc., 251 and 271 Helen Avenue
and the abutting lot to the east, Application No. ZA 10 109547, be received;
and,
2) That
the proposed amendments to By-laws 304-87, as amended and 177-96, as amended,
be finalized and enacted without further notice.
(By-laws 2010-203 and 2010-204)
CARRIED
(2) HERITAGE
MARKHAM COMMITTEE MINUTES
ITEM #4 - SITE PLAN APPROVAL
APPLICATION
FILE NO. SC 10 111677
20 PETER STREET - CLADDING AND
WINDOW ISSUES (16.11)
Letter Nov
16 Memo Attachment
Nov
23 Memo
Moved by Regional Councillor G. Landon
Seconded by Councillor V. Burke
1) That
the correspondence dated November 14, 2010 from Mr. Kirk J. Tobias, Homeowner,
20 Peter Street, be received; and,
2) That
the staff memo dated November 16, 2010 entitled “Site Plan Control Application
(SC 111677), 20 Peter Street, Markham Village - Exterior Cladding”, be
received; and,
3) That
the staff memo dated November 23, 2010 entitled “Site Plan Control Application
(SC 111677), 20 Peter Street, Markham Village - Exterior Cladding Outcome of
Site Meeting”, be received; and further,
4) That the following recommendation from
the Heritage Markham Committee meeting held on November 10, 2010 be approved:
“That Heritage
Markham receive the deputations from Mr. Tobias, the owner of 20 Peter Street,
and Mr. Charters Kenny of Legacy Home Inspections;
That Heritage
Markham receive the notes from the Architectural Review Sub-Committee meeting
site visit;
That the issue of
the window restoration/replacement assessment be left to Heritage Section
staff;
That Heritage
Markham recommends that based on all the evidence available to date, both vertical
tongue and groove sidings found on the dwelling should be retained and
restored;
And That Heritage staff consult with the Building Inspector to ensure
awareness of the concerns of the Committee and the applicant.”
CARRIED
(See following motion which was lost)
Moved by Regional Councillor J. Jones
Seconded by Councillor A. Chiu
1) That
the correspondence dated November 14, 2010 from Mr. Kirk J. Tobias, Homeowner,
20 Peter Street, be received; and,
2) That
the staff memo dated November 16, 2010 entitled “Site Plan Control Application
(SC 111677), 20 Peter Street, Markham Village - Exterior Cladding”, be
received; and,
3) That
the staff memo dated November 23, 2010 entitled “Site Plan Control Application
(SC 111677), 20 Peter Street, Markham Village - Exterior Cladding Outcome of
Site Meeting”, be received; and further,
4) That
the applicant be permitted to remove and replace the beaded edge siding with
beaded edge material if available.
LOST
BY A RECORDED VOTE (4:7)
(See following recorded vote)
(See following amendment)
YEAS: Deputy
Mayor J. Heath, Regional Councillor J. Jones, Councillor L. Kanapathi,
Councillor A. Chiu. (4)
NAYS: Mayor
F. Scarpitti, Regional Councillor G. Landon, Regional Councillor J. Virgilio,
Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor
J. Webster. (7)
ABSENT: Councillor
C. Moretti, Councillor D. Horchik. (2)
Moved
by Councillor
E. Shapero
Seconded
by Councillor
D. Hamilton
That the following
Resolution No. 4 moved by Regional Councillor J. Jones and seconded by Councillor A. Chiu be deleted in its entirety:
“4) That the Town of Markham allow the
applicant to remove and replace the beaded edge siding with V-joint cladding.”;
and,
That the following
Resolution No. 4 be substituted instead:
“4) That
the applicant be permitted to remove and replace the beaded edge siding with
beaded edge material if available.”
CARRIED
(3) 407 TRANSITWAY ENVIRONMENTAL PROJECT
REPORT (5.7)
Report Att
A Att
B Att
C Att
D Att
E Att
F Memo
Moved by Regional Councillor J. Virgilio
Seconded by Councillor A. Chiu
1) That the staff memo
dated November 19, 2010 outlining suggested revisions to the recommendation
regarding 407 Transitway Environmental Project, be received; and,
2) That
the November 16, 2010 report entitled “407 Transitway Environmental Project
Report”, be received; and,
3) That
the Ministry of Transportation be requested to defer filing a notice of
completion for the 407 Transitway until December 2011 to enable the outstanding
issues as outlined in the report to be finalized; and,
4) That
the Town of Markham request the Province of Ontario to implement Light Rail
Transit (LRT) in place of the proposed Bus Rail Transit (BRT); and,
5) And
that the CAO and the Mayor be requested to arrange a meeting with the Minister of Transportation, Metrolinx Chair,
and appropriate staff to review the role and function of the Highway 407
transitway, including design criteria and transit technology; and,
6) That
if the Ministry of Transportation proceeds to file the 407 Transitway
Environmental Project Report with the Ministry of Environment, it be endorsed
in principle only, and subject to the following revisions/conditions;
·
That the transportation modelling take account of the full urban
density and transit potential of the Urban Growth Centres, including Markham
Centre and Richmond Hill/Langstaff Gateway and the design of the alignment be
efficient to best serve these centres;
·
That the Ministry
of Transportation be requested to review the proposed Leslie Street station and
consider re-locating the station to the north side of Highway 407, adjacent to
the south of South Park Road, to better serve the Leitchcroft Residential
Community and Commerce Valley Business/Beaver Creek Areas;
·
The Environmental Project Report be amended to provide for
consideration of a potential alternative transitway station at Yonge Street to
be outlined by ARUP consultants on behalf of the Town of Markham, and reviewed
by the stakeholders;
·
The Ministry of Transportation revise the 407 Transitway alignment
options in Markham Centre to provide additional flexibility to facilitate
development of the Pan AM pool facility on the Town owned lands at the S/W
corner of YMCA Blvd and Kennedy Road;
·
The Environmental Project Report be amended to provide for
consideration of alternative transitway
alignments and stations in Markham Centre as per the June 2010 Markham Council
resolution (Calthorpe Associates transit alignment concept) and on the south
side of Highway 407;
·
The Transitway stations within Markham be subject to the Site Plan
approval process;
·
The Ministry of Transportation be requested to consult with area
Municipalities in the detail design of the Transitway;
·
The Ministry of Transportation and Ontario Realty Corporation be
encouraged to implement Transit Oriented Development at the stations;
·
The Ministry of Transportation or future transit providers enter into
negotiations, and if necessary an agreement, with the Town of Markham for the
operation and management of the 407 transitway stations parking facilities;
·
The Ministry of Transportation provide a release to Ontario Realty
Corporation to allow for an access easement to the Town of Markham and Magna
for the Magna East lands at the S/E corner of Rodick Road and Hwy 407;
·
The Ministry of Transportation continue to provide at their cost access
to the Magna East Lands east of Rodick Road including the extension of the
Rodick Rd underpass structure;
·
Metrolinx be requested to advance funds for preliminary design and to
pre-build certain sections of the transitway infrastructure to facilitate
development, particularly in Markham Centre;
·
Metrolinx be requested to advance the timing of the 407 transitway
capital program from Jane St. (Spadina subway) to Kennedy Road within its Phase
One investment plan to be completed within the next 10
years;
·
And that the Ministry of Transportation and Ontario Realty Corporation
conduct the necessary studies to protect land for a potential Hwy 404/ 407
Transit interface; and,
7) That
in the requested deferral period (1 year) the Ministry of Transportation be
requested to complete a Transitway Environmental Assessment Study for the 407
Transitway from Kennedy Road to the Box Grove Mobility Hub; and,
8) That
staff report back with an update on the Quebec City to Windsor Rapid Transit
Feasibility study, and that the MTO be requested to review potential
implications to the transitway alignment option if a high speed corridor is
located within the Parkway Belt/Hwy 407 Corridor in a linear and high speed
alignment; and,
9) That
staff report back at the preliminary and detailed design stages with further
details, land requirements, financial implications, potential partnership
arrangements, transit oriented development opportunities, and any required
agreements between Stakeholders; and,
10) That
the Ministry of Transportation and Ontario Realty Corporation be requested to
finalize the land exchange and financial arrangements to the satisfaction of
Markham District Energy for the Birchmount/407 plant; and,
11) That
the MTO and 407 ETR be requested to review the feasibility of access and egress
ramps at Birchmount Ave; and,
12) That
the MTO be requested to review with Markham and adjust the 407 transitway
alignment and Rodick Road station layout concept to reflect a preferred Millar
Ave alignment; and,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution; and further,
14) And
that the Minister of Transportation, Ministry of the Environment, Metrolinx
Chair, Ontario Realty Corporation, Richmond Hill, Vaughan and Region of York be
advised accordingly.
CARRIED AS AMENDED
(See following amendments)
Moved by Regional
Councillor J. Jones
Seconded by Councillor
A. Chiu
That the following be added
as Resolution No. 4 and the remainder of the resolutions be renumbered
accordingly:
“4) That the Town of Markham request the
Province of Ontario to implement Light Rail Transit (LRT) in place of the
proposed Bus Rail Transit (BRT);”
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor J. Virgilio
That the following be added as the second
bullet point under Resolution No. 5:
·
“That the
Ministry of Transportation be requested to review the proposed Leslie Street
station and consider re-locating the station to the north side of Highway 407,
adjacent to the south of South Park Road, to better serve the Leitchcroft
Residential Community and Commerce Valley/Beaver Creek Business Areas;”
CARRIED
(4) ENGINEERING
CAPITAL PROJECTS
AUDIT REPORT (5.0)
Auditor
Report Staff
Response
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
1) That
the presentation provided by Ingrid Kutter, former Auditor General, and the
report entitled “Engineering Capital Projects Audit Report of the Town of
Markham” be received; and,
2) That
the following be referred to the first meeting of General Committee in January
2011.
“That the presentation by Alan Brown,
Director of Engineering, entitled ‘Engineering Department Capital Project Audit
Report – Management Responses’ be received; and,
That the Town staff action plans developed in
response to the Auditor General recommendations be received and approved; and
further,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.”
(Also see In-Camera Item No. 5)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That the presentation by Alan Brown, Director of Engineering and the
consideration of Town staff action plans be referred to the first meeting of
General Committee in January 2011.
CARRIED
12. BY-LAWS
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That By-laws 2010-192
to 2010-208 be given three readings and enacted.
Three Readings
BY-LAW 2010-192 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lot 9, Concession 5, designated as Parts 1, 3, 4, 5,
7, 10, 11, 12 and 13, Plan 65R-29433, Enterprise Boulevard)
By-law
BY-LAW 2010-193 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Blocks 52 and 53, Plan 65M-3995 [Betty Roman Boulevard]; Block
54, Plan 65M-3995 [Reflection Road]; Block 55, Plan 65M-3995 [LANEWAY 4];
Blocks 56 and 57, Plan 65M-3995 [Laneway 3]; Blocks 135 and 142, Plan 65M-3830
[Betty Roman Boulevard]; Block 136, Plan 65M-3830 [Laneway 12]; Blocks 137 and
138, Plan 65M-3830 [Charity Crescent]; Block 139, Plan 65M-3830 [Laneway 9] and
Block 140, Plan 65M-3830 [Reflection Road]).
By-law
BY-LAW 2010-194 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Country Wide Homes at Victoria Square, 2901 Elgin
Mills Road, south of Elgin Mills Road, west of Woodbine Avenue, Lots 1 to 5 and
Blocks 6 to 20, Plan 65M-4183).
By-law
BY-LAW 2010-195 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (The Crown of Markham Phase III, 10350 Woodbine
Avenue, Block 29, 65M-4195, north of Major Mackenzie Drive and west of Woodbine
Avenue).
By-law
BY-LAW 2010-196 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Amber Plain Investments Ltd., Lots 25 to 30, 40 to
43, 46 to 53, 57 to 69, Blocks 109, 110 and 118 to 121, Plan 65M-4193, east of
McCowan Road, and north and south of Bur Oak Avenue).
By-law
BY-LAW 2010-197 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 (Update Enforcement Officers’ List).
By-law
BY-LAW 2010-198 A by-law to repeal By-law 2010-188, being a by-law for the
Removal of (H) Hold provision for Sunrise Montessori School (For administrative
purposes) (By-law 2010-199 is the new by-law).
(Item No. 5, Report No. 52)
By-law
BY-LAW 2010-199 A by-law to amend Zoning By-law 108-81, as amended (Sunrise
Montessori School, 180 Amber Street – To remove (H) Hold provision to permit
the operation of a private school and daycare).
(Item No. 5, Report No. 52)
By-law
BY-LAW 2010-200 A by-law to adopt Official Plan Amendment No. 189 (World Tech
Construction, Block 20, 65M-3583, Part of Lots 5 and 6, Plan 2196, east of
Harry Cook Drive, south of Castan Avenue and north of the future extension of
South Unionville Avenue – To accommodate residential development).
(Item 6, Report No. 44)
By-law
BY-LAW 2010-201 A by-law to amend 304-87, as amended (World Tech Construction,
Block 20, 65M-3583, Part of Lots 5 and 6, Plan 2196, east of Harry Cook Drive,
south of Castan Avenue and north of the future extension of South Unionville
Avenue – To delete the subject lands from By-law 304-87, as amended, so that
they may be incorporated into By-law 177-96, as amended, and zoned for
residential development).
(Item 6, Report No. 44)
By-law
BY-LAW 2010-202 A by-law to amend 177-96, as amended (World Tech Construction,
Block 20, 65M-3583, Part of Lots 5 and 6, Plan 2196, east of Harry Cook Drive,
south of Castan Avenue and north of the future extension of South Unionville
Avenue – To facilitate the development of single and semi-detached residential
dwellings).
(Item 6, Report No. 44)
By-law
BY-LAW 2010-203 A by-law to amend Zoning By-law 304-87, as amended (Flato Meadows
Inc., 251 and 271 Helen Avenue and the abutting lot to the east in South
Unionville, Part of Lot 8, Plan 2196 – To delete subject lands from By-law
304-87, as amended, so that they may be incorporated into By-law 177-96, as
amended, to facilitate the development of single and semi-detached residential
dwellings).
(New/Other Business 1)
By-law
BY-LAW 2010-204 A by-law to amend Zoning By-law 177-96, as amended (Flato Meadows
Inc., 251 and 271 Helen Avenue and the abutting lot to the east in South
Unionville, Part of Lot 8, Plan 2196 – To facilitate the development of single
and semi-detached residential dwellings).
(New/Other Business 1)
By-law
BY-LAW 2010-205 A by-law to amend Markham Centre Zoning By-law 2004-196, as
amended (H and W Development Corporation, east side of South Town Centre
Boulevard between Clegg Road and Cedarland Drive – To accommodate a proposed
residential development).
(Item No. 4, Report No. 53) (Communication
No. 56-2010)
By-law
BY-LAW 2010-206 A by-law to amend Traffic By-law 106-71 (Traffic Control Signals
at the intersection of: Brimley Road and Wilclay Avenue/Winston Road;
Bur Oak Avenue and Brunswick Avenue; Bur Oak Avenue, 140 metres east of The
Bridle Walk; Church Street and Country Glen Road; Copper
Creek Drive and Bernbridge Road; Enterprise Boulevard and Rivis Road; Enterprise Boulevard and Main Street Unionville) (Rescind Compulsory
Stops at the intersection of: Brimley Road and Wilclay Avenue/Winston Road; Church
Street and Country Glen Road; Enterprise Boulevard and Main Street Unionville).
(Item No. 2, Report No. 54)
By-law
BY-LAW 2010-207 A by-law to amend 304-87, as amended (Wykland Estates, west of
Cornell Centre Blvd, south of 16th Avenue, Cornell Community,
19TM-10002 – To delete the lands from 304-87, as amended, and incorporate the
lands into By-law 177-96, as amended, to permit the development of residential
units.
(Item No. 4, Report No. 54)
By-law
BY-LAW 2010-208 A by-law to amend 177-96, as amended (Wykland Estates, west of
Cornell Centre Blvd, south of 16th Avenue, Cornell Community,
19TM-10002 – To permit the development of residential units.
(Item No. 4, Report No. 54)
By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by Regional Councillor J. Jones
Seconded by Councillor V. Burke
That, in
accordance with Section 239 of the Municipal Act,
Council resolve into an in-camera session to discuss the following item (12:32
a.m. on November 24, 2010):
(2) APPEAL
OF VARIANCES AND SITE PLAN APPROVAL TO
ONTARIO MUNICIPAL BOARD
- 94 JOHN STREET, THORNHILL (8.0 AND 10.6)
CARRIED
There was no
discussion during the in-camera session for the following items:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- SEPTEMBER 21, 2010
(3) MINOR VARIANCE OMB APPEAL
- 3028 BUR OAK AVENUE A/96/10
(8.0)
(4) ACQUISITION/DISPOSITION OF LAND -
PROPERTY ACQUISITION FOR
RODICK ROAD PHASE 2
(MILLER AVENUE TO 14TH
AVENUE) (8.6)
(5) ENGINEERING CAPITAL PROJECTS AUDIT
REPORT (5.0)
Moved by Regional Councillor J. Virgilio
Seconded by Councillor A. Chiu
That
Council rise from in-camera session and report. (12:56 a.m. on November 24,
2010)
CARRIED
Moved by Regional Councillor J. Virgilio
Seconded by Councillor V. Burke
That In-camera
Item Nos. 1 to 5 be received and adopted, except Item No. 5. (See following Item No. 5)
CARRIED
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- SEPTEMBER 21, 2010 (16.0)
1) That the minutes of the
in-camera Council meeting held on September 21, 2010, be confirmed.
CARRIED
REPORT
OF DEVELOPMENT SERVICES COMMITTEE – November 16, 2010
(2) APPEAL OF VARIANCES AND
SITE PLAN APPROVAL TO
ONTARIO MUNICIPAL BOARD (OMB)
94 JOHN STREET, THORNHILL
(8.0, 10.6)
1) That
the confidential report entitled “Appeal of Variances and Site Plan Approval to
Ontario Municipal Board (OMB) - -94 John Street, Thornhill” be received; and,
2) That
the Town Solicitor be instructed to attend the hearing and take the following
action:
a. For
the variance appeal, ensure that the conditions of approval recommended by
Staff are imposed by the OMB, should the OMB decide to allow the variances;
b. For
the Site Plan Approval of the proposed new dwelling, ensure that the conditions
of approval recommended by Staff are imposed by the OMB, should the OMB decide
to support the application; and further,
3) That
Staff be authorized and directed to take the actions set out in this report.
CARRIED
(3) MINOR VARIANCE OMB APPEAL
3028 BUR OAK AVENUE A/96/10
(8.0)
1) That
the confidential staff report dated November 16, 2010 titled “Minor Variance
OMB Appeal, 3028 Bur Oak Avenue, A/96/10”, be received; and,
2) That
Council direct the Town Solicitor and Staff to attend the Ontario Municipal
Board (OMB) Hearing to oppose the appeal regarding the minor variance
application for 3028 Bur Oak Avenue (A/96/10); and further,
3) That
Staff be authorized and directed to take actions set out in this report.
CARRIED
(4) PROPERTY ACQUISITIONS FOR RODICK ROAD
PHASE 2
(MILLER AVENUE TO 14TH AVENUE)
(8.6)
1) That
the confidential report entitled “Property Acquisitions for Rodick Road Phase 2
(Miller Avenue to 14th Avenue)” be received; and,
2) That
Staff be authorized and directed to take the actions necessary, including the
execution of documents, to give effect to this report.
CARRIED
COUNCIL
– November 23, 2010
(5) ENGINEERING CAPITAL PROJECTS AUDIT
REPORT
- CONFIDENTIAL AUDIT FINDING
(5.0)
1) That
the confidential report prepared by Ingrid Kutter, former Auditor General,
entitled “Engineering Capital Projects Audit Report of the Town of Markham –
Confidential Audit Finding” be referred to the first in-camera meeting of
General Committee in January 2011.
(Also see New/Other
Businesses 4)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That
In-camera Item No. 5 regarding the confidential report prepared by Ingrid
Kutter, former Auditor General, entitled “Engineering Capital Projects Audit
Report of the Town of Markham – Confidential Audit Finding” be referred to the
first meeting of General Committee in January 2011.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That By-law 2010-209
be given three readings and enacted.
Three Readings
BY-LAW 2010-209 A by-law to confirm the proceedings of the Council meeting of November
23, 2010.
(Council Meeting No. 13, 2010)
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the meeting do adjourn.
CARRIED
Council
adjourned at 1:01 a.m. on November 24, 2010.
______________________________ ___________________________
ANDREW
BROUWER FRANK
SCARPITTI
DEPUTY
TOWN CLERK MAYOR
(Signed)