2003-04-29
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 11
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (9)
Regrets
Mayor D.
Cousens, Regional Councillor G. Landon, Councillor J. Heath, Councillor K.
Usman. (4)
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. Millennium Bandstand Parkette and Playground Project (12.2.6
& 6.3)
2. 180 Mingay Avenue, (Bridle Trail Baptist Church Inc.) (10.8
& 8.5)
3. 1151 Denison Street, Unit 3 "Amazing Health"
Licensing Hearing (2.0)
4. Notice of Public Meeting Amendment to Development Charge By-law
Removal of Transit Charge (7.11)
5. Notice of Public Meeting Area Specific Development Charge
By-laws for Area 46 Cathedral and Sub-Area 42a South Unionville - Helen Avenue
(7.11)
6. Acceleration of Road Infrastructure in Support of Markham
Centre (5.10)
7. Eastern Markham Strategic Review Update on Minister's Zoning
Order (10.8)
8. Relay For Life - Canadian Cancer Society (12.2.6)
9. 2003
Committee/Board Appointments (16.24)
10. SARS
- Economic Development Update (11.0)
CARRIED
The Regular
Meeting of Council was held on April 29, 2003 at 7:07 p.m. in the Council
Chamber, Civic Centre. Deputy Mayor F.
Scarpitti presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu.
(10)
Regrets
Mayor D.
Cousens, Regional Councillor G. Landon, Councillor J. Heath. (3)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Acting Manager, Secretariat Services
J. Sales,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
M.F. Turner,
Commissioner, Strategy, Innovations and Partnerships
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J. Virgilio
disclosed an interest with respect to By-law 2003-119, by nature of
representing the owner of the lands, Richpark Developments Ltd., and did not
take part in the consideration or discussion of or vote on the question of the
approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor D. Horchik
Seconded by
Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(1) MILLENNIUM BANDSTAND
PARKETTE AND PLAYGROUND PROJECT (12.2.6 & 6.3)
That the delegation of Mr. Brian Roman in support of the Millennium
Bandstand Parkette and Playground project on Main Street, Unionville being
completed in 2003, be received;
And that the correspondence from the following persons in support of
the Millennium Bandstand Parkette and Playground project on Main Street,
Unionville being completed in 2003, be received:
1. Kim
Baxter, Member, Unionville Gala
2. Gregory
McCormick, Chairman, Unionville BIA;
And that the correspondence from the following person in support of the
Millennium Bandstand Parkette and Playground project on Main Street,
Unionville, be received:
1. Mr.
Peter Hadas.
And whereas Council, on March 28, 2003, identified $49,500 from
development charges for the 2003
Unionville Parkette & Playground Capital Project;
And whereas the 2003 Unionville Parkette & Playground Capital
Project was deferred to 2004 in order to complete the 2001 Millennium Bandstand
Capital Project;
And whereas the Fund Raising Committee is able to commit sufficient
funds from the 2003 Unionville Gala in September to cover 50 per cent of the
total amount of the project:
Now therefore, be it resolved that Council approve proceeding with the
public process for the planning of the 2003 Capital Project (Unionville
Parkette and Playground) at an estimated cost of $75,000;
And that funding for this project be provided 50 per cent from
Development Charges and 50 per cent from community fund raising efforts
including the 2003 Unionville Gala to be held in September;
And that the community fund raising portion be advanced by the Town to
be reimbursed upon the successful conclusion of the fundraising efforts;
And that staff report back on this matter in June or July, 2003.
(2) 180 MINGAY AVENUE,
BLOCK 206, PLAN 65M-3519
SITE RESERVED FOR PLACE OF WORSHIP
(BRIDLE TRAIL BAPTIST CHURCH INC.) (10.8 & 8.5)
That the report entitled "Site Reserved for Place of Worship
(Wismer Commons Community) Update", be received for information only;
And that the deputation of Mr.
Don Hindson, Cattanach Hindson Sutton VanVeldhuizen, on behalf of Bridle Trail
Baptist Church Inc., be received;
And that staff provide a legal
opinion on whether the Town's subdivision agreement is supportable in court;
And that this matter be referred
to staff for a report back in two (2) weeks.
(3) 1151
DENISON STREET, UNIT 3
"AMAZING HEALTH"
LICENSING HEARING (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
(1) That
the Body-Rub Parlour Owner’s Licence #03103871 issued pursuant to Body-Rub
Parlour By-laws 116-98 and / or 2002-292 in the name of Yue Hua Chen as
“Amazing Health” located at Unit 3, 1151 Denison Street, Markham, not be
renewed, and
(2) That,
pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision
not be stayed by any appeal of this decision that may be instituted in the courts.
(4) NOTICE
OF PUBLIC MEETING
AMENDMENT TO DEVELOPMENT
CHARGE BY-LAW
REMOVAL OF TRANSIT CHARGE
(7.11)
That staff be directed to provide the
statutory notice of a public meeting required under the Development Charges
Act, 1997 to consider the Town of Markham's intention of amending By-law
#148-1999, the Town of Markham's Town-Wide Soft Service Development Charge
By-law by eliminating the charge for public transit;
And that notice of the public meeting be
provided in the Markham Economist and Sun;
And that the public meeting be scheduled for
May 27, 2003.
(5) NOTICE
OF PUBLIC MEETING
AREA SPECIFIC DEVELOPMENT
CHARGE BY-LAWS
FOR AREA 46 CATHEDRAL AND
SUB-AREA 42A
SOUTH UNIONVILLE - HELEN
AVENUE (7.11)
That staff be directed to provide the statutory notice of a Public
Meeting required under the Development Charges Act, 1997 to consider
proposed area specific development charge by-laws for Area 46, Cathedral and
Sub-Area 42A, South Unionville - Helen Avenue;
And that notice of the Public Meeting be provided in the Markham
Economist and Sun;
And that the Public Meeting be scheduled for May 27, 2003.
(6) ACCELERATION
OF ROAD INFRASTRUCTURE
IN SUPPORT OF MARKHAM CENTRE
(5.10)
Enterprise Drive
That staff be authorized to accelerate the design and construction of
the Enterprise Drive/Helen Avenue extension from Warden Avenue to Kennedy Road
including the construction of the GO rail line grade separation for completion
by late 2004/early 2005;
Enterprise Drive -Warden Avenue to GO Transit rail line
And that the Mayor and Clerk be authorized to enter into a Development
Charge credit agreement with Remington Homes for the construction of Enterprise
Drive from Warden Avenue to the GO Transit rail line.
Enterprise Drive - GO Transit rail line to Kennedy Road
And that the Engineering Department be authorized to retain the
engineering consulting firm of McCormick Rankin Ltd to undertake the detailed
design, tender preparation and coordination of approvals for the Enterprise
Drive/CN grade separation for an upset fee of $ 570,000 plus GST to be funded
from Development Charges.
And that a contingency amount of $ 40,000 be authorized to cover the
potential cost of GO Transit’s peer review and expedited approval of the
proposed grade separation to be funded from Development Charges.
And that the Mayor and Clerk be authorized to enter into an agreement
with Go Transit/CN Rail for the rail crossing to the satisfaction of the CAO
and Town solicitor.
And that Engineering Department be authorized to pre-qualify
contractors for the tendering of the construction contract for the Enterprise
Drive/Helen Avenue extension including the rail grade separation
And that the Engineering Department report back with the construction
tender award and final financing plan for Council’s approval.
And that the Mayor and Clerk be authorized to enter into an agreement
with Markham Centre East Precinct land owners for the dedication of land
required to construct the roadways and the grade separation and if necessary
the front-end financing of the construction of the Enterprise Drive/Helen
Avenue extension and local services to the satisfaction of the CAO and Town
solicitor.
And that the Engineering Department’s 2003 Capital budget funded by
development charges be amended accordingly.
Birchmount Road – Enterprise Drive to 14th Avenue
And that staff be authorized to accelerate the design and construction
of Birchmount Road from Enterprise Drive to 14th Avenue including
the construction of a CN rail line grade separation for completion by late
2005/early 2006;
And that the Mayor and Clerk be authorized to enter into a development
charges credit agreement with Remington Homes for the construction of
Birchmount Road from Enterprise Drive to Hwy 407;
And that the Engineering Department be authorized to retain a qualified
consulting engineering firm on a cost plus basis to provide Program Management
Services to the Town for the construction of Birchmount Road from Highway 407
to 14th Avenue to an upset limit of
$85,000 plus GST.
And that the Engineering Department be authorized to enter into
negotiations with and to retain qualified consulting engineering firms for the
design and tender preparation of this project to an upset limit of $ 375,000
plus GST.
And that Engineering Department be authorized to pre-qualify
contractors for the tendering of the construction contract for the Birchmount
Road extension including the rail grade separation
And that the Engineering Department report back with the construction
tender award for Council’s approval
And that the Engineering Department 2003 Capital budget be amended as
required to include the Birchmount Road Program Management and consulting
engineering fees to be funded from development charges;
And that the Mayor and Clerk be authorized to enter into the necessary
agreements with 407ETR, Ministry of Transportation, CN Rail, Hydro One and the
Ontario Realty Corporation for the land acquisition and construction of the
Birchmount Road extension to the satisfaction of the CAO and Town solicitor.
Capital Infrastructure Program
And that the 10 Year Road Capital Infrastructure program, including
acceleration of Enterprise Drive and Birchmount Road (south of Enterprise
Drive), be endorsed;
And that the Engineering Department update the 10 Year Road Capital
Infrastructure program on a yearly basis for endorsement by Council;
And that staff be directed to provide the statutory notice of a public
meeting required under the Development Charges Act, 1997to consider
proposed area specific development charge by-laws for Markham Centre;
And that notice of the public meeting be provided in the Markham
Economist and Sun;
And that the public meeting be scheduled for September 2003;
And further that the impact of the Enterprise Drive extension on Main
Street Unionville south be addressed through the public process currently
underway to deal with traffic concerns and options for traffic calming in the
Unionville community.
CARRIED
UNANIMOUSLY
(see following
recorded vote) (10:3)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (10)
ABSENT: Mayor D. Cousens, Regional
Councillor G. Landon, Councillor J. Heath. (3)
(7) EASTERN
MARKHAM STRATEGIC REVIEW
UPDATE ON MINISTER'S ZONING
ORDER (10.8)
That the information package and verbal update from the Commissioner of
Development Services regarding the potential impact of the Minister's Zoning
Order for lands subject to the tenant purchase program and the former
agricultural preserve in Pickering on lands in Markham, be received.
(8) RELAY
FOR LIFE - CANADIAN CANCER SOCIETY (12.2.6)
That the Town support the Canadian Cancer Society Relay For Life
fundraising event by advertising on the Markham Page and by organizing teams to
participate.
(9) 2003
COMMITTEE/BOARD APPOINTMENTS (16.24)
ACRA Committee
That the resignation of Catherine Escott from the ACRA Committee be
received with regret;
And that the ACRA Committee, comprised of the following membership, be
disbanded for 2003 and a letter of appreciation be forwarded to members:
Ken Wade Term
expires November 30, 2003
Marilyn Bell Term expires November
30, 2003
Ralph Persram Term expires November
30, 2004
Darlene Klemchuck Term expires November 30, 2004
A. David Taylor Term expires November
30, 2004
Kashinath (Nat)
Ghanekar Term expires November 30,
2005
Regional
Councillor G. Landon
Regional
Councillor B. O'Donnell
Councillor K.
Usman
Canada Day Committee
That the resignation of Joan Masterton from the Canada Day Committee be
received with regret and a letter of appreciation be forwarded;
And that Adam Poon be appointed to the Canada Day Committee.
(10) SARS
- ECONOMIC DEVELOPMENT UPDATE (11.0)
Whereas the economy of the Greater Toronto Area has been impacted by
the Severe Acute Respiratory Syndrome (SARS) epidemic, and the effects of the
severity of this economic impact has been reported on through local surveys and
at a SARS Economic Summit hosted by business leaders and associations;
And whereas the Town of Markham wants to work in partnership with
public sector and private sector stakeholders to address the challenges of the
current situation;
Now therefore be it resolved that Markham Council endorses the
establishment of a special 11-person Task Force involving members of Council
and local business associations (including the Markham Board of Trade, Business
Improvement Areas, Chinese Business Associations) to initiate local solutions;
And that the Task Force be chaired by Economic Development Committee
Chair Regional Councillor Bill O'Donnell;
And that the following additional four (4) members of Council be
appointed members of the Task Force:
Regional Councillor F. Scarpitti
Regional Councillor T. Wong
Councillor A. Chiu
Councillor K. Usman;
And that the Chief Administrative Officer bring forward to the May 5,
2003 meeting of the Finance and Administrative Committee a program in support
of the activities and actions to be undertaken by the Task Force over a 35-day
period.
CARRIED
UNANIMOUSLY
(see following
recorded vote) (10:3)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor T. Wong, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu.
(10)
ABSENT: Mayor D. Cousens, Regional
Councillor G. Landon, Councillor J. Heath. (3)
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING MINUTES
- APRIL 15, 2003
Moved by
Councillor A. Chiu
Seconded by Councillor
G. McKelvey
That the
Minutes of the Council Meeting held on April 15, 2003, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to add Presentations (3) to (6).
(1) AWARD OF LIFESAVING SOCIETY DAVID W.
PRETTY
CUP TO THE TOWN OF MARKHAM,
AQUATIC STAFF (6.4)
Council
acknowledged the following Aquatic staff of the Recreation Services Department
for their contributions to the Town of Markham winning the Lifesaving Society
Ontario Branch's David W. Pretty Cup for the eighth consecutive year:
Lisa Young
Sheri Krauss
Susan Bennet
Janice Carroll
Laura Taccone
(2) FIREFIGHTERS'
CALENDAR SPONSORSHIP (12.2.6)
Mr. Scott
Daniel, Member, York Region Firefighters' Calendar Committee presented a plaque
of appreciation to Council for sponsoring the York Region Firefighters'
calendar.
(3) CAPTAIN
MIKE PERREAULT
PEACEKEEPING MISSION - BOSNIA
(7.15 & 11.6)
Council recognized Captain Mike Perreault,
Markham Firefighter, who has been chosen to take part in a peacekeeping mission
in Bosnia. Mr. Perreault was in
attendance.
(4) MARKHAM
STOUFFVILLE HOSPITAL
LEGACY
RUN (12.2.6)
Council was advised that the 5th Annual
Markham Stouffville Hospital Legacy Run held on Sunday, April 27, 2003 was very
successful.
(5) 10,000
TREES FOR THE
ROUGE VALLEY SYSTEM (12.2.6)
Council was advised that the 10,000 Trees For
The Rouge Valley System organization planted its 100,000th tree at the planting
held on Sunday April 27, 2003.
(6) YORK
ENVIRONMENTAL ALLIANCE (12.2.6)
Council was advised that the York Environmental
Alliance recently held a successful and well attended workshop and symposium on
natural lawn care and gardening.
5. DELEGATIONS
Council
consented to hear Delegations (1) & (2).
(1) Mr. Glenn Baron - in
objection to the process followed with respect to the sale of Town-owned lands
(a portion of Deviation Road). (Report No. 29, Clause 4) (8.5)
(2) Mr. Glenn Baron -
expressing concern that Helen Avenue is not included in the community
improvement district of Markham Centre. (Report No. 30, Clause 1) (10.3 &
10.5)
6(a) REPORT NO. 28 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council
consented to separate Clause (4).
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That Report
No. 28 - Community Services & Environment Committee be received and
adopted.
April 14, 2003
(1) NATIONAL PUBLIC WORKS AWARENESS
WEEK - MAY 18-24, 2003 (3.4
& 5.0 & 12.2.6)
That
the Mayor and Council proclaim the week of May 18 to 24, 2003 as National
Public
Works
Week in the Town of Markham.
(2) AWARD OF LIFESAVING SOCIETY DAVID W.
PRETTY
CUP TO THE TOWN OF MARKHAM,
AQUATIC STAFF (6.4)
That
the report entitled "Award of the Lifesaving Society David W. Pretty Cup
to the Town of Markham, Aquatic Staff" be received as information;
And
that the following staff of the Recreation Services Department be recognized
for their contribution:
Lisa Young
Sheri Krauss
Susan Bennet
Janice Carroll
Laura Taccone
And
further that the staff be invited to attend the Council Meeting to be held on
April 29, 2003, for an official presentation.
(3) REQUEST FOR A STREET LIGHT
ON EDWARD STREET (5.19)
That the
report dated April 14, 2003, entitled "Request for a Street Light on
Edward Street", be received;
And
that the request for installation of a streetlight on Edward Street be
approved;
And that the
deputations by Mr. Robin Banerjee, Mr. Brian Derynck and Mr. Ted Graham be
received;
And
that the Town install a new streetlight on the existing hydro pole on the south
side of the street with a heritage (decorative) style luminaire;
And
that the funding for the installation, at an estimated cost of $2,000.00, plus
$420, be funded from the 2002 Capital Project upgrading illumination
(#065-5350-4877-005).
(4) DOG LEASH-FREE AREAS (6.3 & 2.8)
That the report dated April 14, 2003,
entitled "Dog Leash-Free Areas", be received;
And that correspondence from the following residents and organizations
be received:
Ms. Debra
Beattie, in opposition (to staff recommendation)
Mr. Chuck
Garneau, expressing comments
Mr. H. Leznoff,
in opposition
Ms. Sheila
Wilson, expressing comments
Ms. Paula Munoz,
in opposition
Ms. Stephanie
Pier, American Kennel Club, in opposition
Ms. Joanne
Morphy, in opposition
Ms. Kerri
Johnson, in opposition
Mr. T. Wheatley, President, Milne Park
Conservation Association, expressing
concerns
Mr. Richard
Talbot, in opposition
Mr. & Ms.
Brian Staniford, in opposition, and
Mr. Lewis Yeager,
Rouge Park, expressing concerns
And that the petition dated April 9, 2003 with 43 signatures in support
of maintaining the existing off-leash area of Milne Park be received;
And that the Summary of Comments presented by residents at the
Community Meeting held on April 9, 2003, be received;
And that the letter from Mr. Robert Wright and petition with 11
signatures relating to traffic, parking and safety concerns, be received;
And that the deputations from the following residents be received:
Mr. Robert
Wright, in support
Mr. Tupper
Wheatley, expressing concerns
Mr. Richard
Talbot, in opposition
Ms. C. Wilson, in
opposition
Ms. Lesley Price,
in opposition
And that staff make application to the
Toronto Region Conservation Authority to obtain TRCA's position with respect to
their granting approval to locate a permanent dog leash-free area in Milne Dam
Conservation Park;
And that staff convene a meeting of the Dog
Leash-Free Committee to review all options for dog leash-free areas in the Town
including the suitability of Ontario Realty Corporation hydro corridors for
permanent leash-free areas and particularly Option B and the ORC lands adjacent
to Huntington Park locations referred to in the staff report;
And that staff report back to the Community
Services & Environment Committee at its meeting on May 12, 2003.
CARRIED AS AMENDED
(see following motion
to amend)
Moved by Councillor E. Shapero
Seconded by Councillor A. Chiu
That Clause (4), Report No. 28, paragraph 8 be amended to include the
words "… ORC lands adjacent to …" after the words "… Option B
and the …".
CARRIED
(5) STATUS OF THE CONSTRUCTION OF THE ANGUS
GLEN COMMUNITY CENTRE AND
LIBRARY (6.3 & 2.8)
That the
report entitled "Status of Construction of the Angus Glen Community Centre
and Library" be received;
And that
Council approve the remaining funding required to purchase the Furnishings,
Fixtures and Equipment as defined in the Project Budget;
And that the
funding sources for the balance of the Furniture, Fixtures & Equipment/IT
Costs be as follows:
Development Charges Reserve Fund $2,086,341
General Capital Reserve $ 380,163
Total Funding $2,466,504
And that the details in Appendix
"B", attached to the April 14, 2003 staff report, be received for
information.
(6) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – APRIL 14,
2003 (16.0)
CARRIED
6(b) REPORT NO. 29 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (4).
Moved by
Councillor K. Usman
Seconded by
Councillor S. Daurio
That Report
No. 29 - Finance & Administrative Committee be received and adopted.
April 22, 2003
(1) PRE-QUALIFICATION OF CONTRACTORS FOR
SELECTED PARK CONSTRUCTION
(6.3 & 7.12)
That
the report entitled "Pre-qualification of Contractors for Selected Park
Construction" dated April 22, 2003, be received;
And
that Council approve the use of the pre-qualification process in accordance
with Purchasing By-law 143-2000 for the purpose of selecting qualified
contractors for bid solicitation for the construction of the skatepark at the
Centennial Community Centre and for the construction of waterplay facilities in
Milliken and in Thornhill;
And
further that Council approve the use of six contractors (previously
pre-qualified in 2001 in accordance with Purchasing By-law 143-2000, for the
construction of the northern portion of Berczy Community Park) for the purpose
of bid solicitation for all current and future phases of construction of the
southern portion of Berczy Community Park.
(2) 2003 MARKHAM VILLAGE B. I. A.
OPERATING BUDGET (3.1 &
7.4)
That
the report entitled "2003 Markham Village B. I. A. Operating Budget",
dated April 22, 2003 be received;
And
that the 2003 Operating Budget for the Markham Village B. I. A. in the amount
of $183,096.00 be approved.
(3) EXTENSION OF LIBRARY ADMINISTRATION
CENTRE
LEASE AGREEMENT,
445 APPLE CREEK BLVD,
SUITE 100, MARKHAM (3.19 &
8.2)
That
Council authorize staff to negotiate an extension to the lease agreement at 445
Apple Creek Blvd., Suite 100, Markham, Ontario for one year beginning December
1, 2003 and ending November 30, 2004;
And
that should the negotiation with the Landlord be unsuccessful, staff report
back to Council;
And
that staff is authorized to find an alternate site for which the cost will not
exceed the current operating budget allotment for the existing space;
And
that staff report back to Council on this matter.
(4) SALE OF PORTION OF DEVIATION ROAD
PARTS 1, 2, 3 & 4, PLAN
65R-25471, MARKHAM (8.5)
That
Council receive and accept the Agreement of Purchase and Sale for the property
identified as Parts 1 and 4 on Plan 65R-25471, Deviation Road, Markham from
Morewest Holdings Inc. in the amount of $11,325 excluding GST;
And
that Council receive and accept the Agreement of Purchase and Sale for the
property identified as Parts 2 and 3 on Plan 65R-25471, Deviation Road, Markham
from Quintil Group Limited in the amount of $23,675 excluding GST;
And
that a by-law be enacted on April 29, 2003 to authorize the Mayor and Clerk to
execute a Transfer/Deed of Land to Morewest Holdings Inc. for the lands
identified as Parts 1 and 4 on Plan 65R-25471, Deviation Road, Markham, in a
form satisfactory to the Town Solicitor;
And
further that a by-law be enacted on April 29, 2003 to authorize the Mayor and
Clerk to execute a Transfer/Deed of Land to Quintil Group Limited for the lands
identified as Parts 2 and 3 on Plan 65R-25471, Deviation Road, Markham, in a
form satisfactory to the Town Solicitor.
(By-laws 2003-107 & 2003-108)
CARRIED
(see following motion
to amend which was deferred)
Moved by Councillor E. Shapero
Seconded by Regional Councillor T. Wong
That the proceeds from the sale
of the portion of Deviation Road - Parts 1, 2, 3 and 4, Plan 65R-25471 - be
transferred to the Town's Environmental Land Acquisition Fund.
DEFERRED
(see following motion to defer)
Moved by Councillor J. Virgilio
Seconded by Councillor G. McKelvey
That the motion moved by Councillor Shapero,
seconded by Regional Councillor Wong regarding the transfer of funds from the
sale of a portion of Deviation Road to the Town's Environmental Land
Acquisition Fund, be deferred for consideration at the May 5, 2003 Finance and
Administrative Committee meeting pending a staff report regarding policy and
precedent
CARRIED
(5) SALE OF TOWN OWNED GO LANGSTAFF
PARKING LOT PART 1, PLAN 65R-25869, MARKHAM (8.5)
That
Council receive and accept the Agreement of Purchase and Sale for the property
identified as Part 1 on Plan 65R-25869, Langstaff Road East, Markham from
Greater Toronto Transit Authority in the amount of $99,400 excluding GST;
And
that a by-law be enacted on April 29, 2003 to authorize the Mayor and Clerk to
execute a Transfer/Deed of Land to Greater Toronto Transit Authority for the
lands identified as Part 1 on Plan 65R-25869, Langstaff Road, Markham, in a
form satisfactory to the Town Solicitor.
(By-law 2003-109)
(6) TOWN OF MARKHAM REVISED
INVESTMENT POLICY (7.0)
That
the report dated April 22, 2003, entitled "Town of Markham Revised Investment
Policy" be received and adopted.
(7) TOP UP OF SALARY FOR FIREFIGHTER
PARTICIPATING
IN UN PEACEKEEPING OPERATION
WITH CANADIAN
ARMY IN BOSNIA WHILE ON A
LEAVE OF ABSENCE (7.15 & 11.6)
That
the Finance & Administrative Committee grant a mandate to the Human
Resources Department to provide a top up of salary and benefits totalling no
more than $15,000 to Captain Mike Perreault during his Tour of Duty on a
Peacekeeping operation for the United Nations with the Canadian Army in Bosnia;
And
that staff be requested to establish a Town policy relating to all types of
leaves of absence, including peacekeeping and military operations.
(8) FLOOD RELIEF DONATION TO THE TOWN OF
BADGER, NEWFOUNDLAND (7.6
& 12.2.6)
That
Council approve a $500.00 grant to match the Town of Aurora's donation in
support of the flood relief effort for the Town of Badger, Newfoundland.
(9) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – APRIL 22,
2003 (16.0)
CARRIED
6(c) REPORT NO. 30 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (7).
Moved by Councillor G. McKelvey
Seconded by Regional Councillor T. Wong
That Report No. 30 - Development Services
Committee be received and adopted.
April 22, 2003
(1) MARKHAM CENTRE YMCA AND
ORC LANDS
7996 KENNEDY ROAD, CONCESSION 5, PART LOT 8
TOWN INITIATED OFFICIAL PLAN AMENDMENT AND RE-ZONING
FOR A YMCA (OP 02.116451 AND ZA 02.111702) (10.3, 10.5) Weblink
That the
report dated April 22, 2003, entitled, “Final Report - Town Initiated Official Plan Amendment and Re-Zoning, Markham
Centre YMCA and ORC lands at 7996 Kennedy Road, Concession 5, Part Lot 8,
Markham, Ontario File Number OP 02.116451 and ZA 02.111702” be received;
And that the
record of the Public Meeting held on Tuesday September 10, 2002 with respect to
the related re-zoning be received;
And that the
record of the Public Meeting held on Tuesday February 4, 2003 with respect to
the related Official Plan amendment be received;
And that the Official Plan Amendment (OP
02.116451) and re-zoning application (ZA 02.111702) be approved subject to the
following:
·
That the Secondary Plan
Amendment incorporating the revisions to the Central Area Planning District, PD
33-1 (OPA 21), for 7996 Kennedy Road (northeast corner of Kennedy and Highway
407), as set out in Appendix A to the report dated April 22, 2003 be adopted;
·
That the Zoning By-laws,
as set out in Appendix B attached to the report dated April 22, 2003, be
enacted, including a Hold Provision on the proposed Business Park density,
beyond 100%, to be removed upon completing the following, to the satisfaction
of the Town:
o
Site plan approval of a
specific development proposal,
o
Submission and approval
of a Detailed Precinct Plan,
o
Execution of a site plan
agreement,
o
Detailed Transportation
study,
o
Stormwater Management
report, and
o
Any additional studies
which the Town may require;
·
And that landowners
acknowledge that Markham is currently undertaking a financial strategy for
Markham Centre which will contemplate among other techniques, designating the
area as a community improvement district, pilot tax incentive zone and/or
special tax assessment zone and agree to support, in principle, this
undertaking;
- And further that the Thomas Rivis House
is to be preserved within any future development of the property, subject
to the submission of a site plan application, review, and commentary by
Heritage Markham.
(2) 1421122 AND 1424421
ONTARIO LIMITED
MARKVILLE LANDROVER/JAGUAR/VOLVOAUTOMOBILE
DEALERSHIP, 4072, 4086 AND 4096 HIGHWAY #7 EAST
HOLD REMOVAL (ZA 02.114375)(10.5, 10.6)
Weblink
That the staff
report dated April 22, 2003, entitled “Markville Landrover/Jaguar/Volvo Automobile Dealership at
4072, 4086 and 4096 Highway #7 East (Application for Site Plan Approval and
Hold Removal submitted by 1421122 and 1424421 Ontario Limited File Number SC
03.105543 and ZA 02.114375)” be received;
And that the
zoning application (ZA 02.114375) submitted by 1421122 Ontario Limited to remove
the Hold (H) provision on the portion of the lands known as 4096 Highway #7
East be approved;
And that the
Holding (H) provision be removed upon the execution of a site plan agreement.
(3) INTERIM CONTROL BY-LAW EXTENSION
MILLIKEN MILLS MAIN STREET URBAN DESIGN
STUDY AREA (10.8) Weblink
That Interim
Control By-law 2002-79, in effect for the Milliken Mills Main Street Urban
Design Study area, be extended for an additional year to May 12, 2004 to allow
recommended amendments to land use designations and zoning arising from the
study, to be adopted by Council;
And that the
by-law to extend Interim Control By-law 2002-79 for the Milliken Mills Main
Street Urban Design Study area, attached as Appendix ‘A’ to the report dated
April 22, 2003, be enacted.
(By-law 2003-110)
(4) MARANDER MONTESSORI
SCHOOL, 5906 16TH AVENUE
OFFICIAL PLAN AMENDMENT, REZONING AND SITE PLAN
APPROVAL, (OP 02 116664, ZA 02 116670, SC 03 106210) (10.3, 10.5, 10.6) Weblink
That
the Record of Public Meeting held on January 7, 2003 regarding the Official
Plan amendment and implementing zoning by-law for 5906 16th Avenue,
Files OP 02 116664, ZA 02 116670, submitted by Marander Montessori School to permit a day
care centre, be received;
And that the
application to amend the Official Plan (revised 1987) to provide for a day care
centre, be approved and the draft amendment attached as Appendix ‘A’ to the
staff report dated April 22, 2003, entitled “Marander Montessori School”, be
adopted;
And that the
application to amend the zoning by-law to permit a day care centre, be approved
and the implementing by-law, set out in Appendix “B” to the staff report dated
April 22, 2003, be enacted;
And further
that the application for site plan approval of a day care centre, be approved,
subject to the following conditions:
1. That the Owner enter into a site plan agreement with the Town;
2. That
prior to execution of the site plan agreement, the Owner shall submit final
drawings, and comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services;
3.
That the site plan agreement include provisions for the payment by the
Owner of all applicable fees, recoveries, development charges and parkland
dedications;
4.
That site plan approval shall lapse after a period of three years commencing
April 22, 2003, in the event that the Owner does not enter into a site plan
agreement with the Town during that period;
5.
That the Owner provide
for internal refuse storage areas to the satisfaction of the Director of
Environmental Services;
6.
That prior to final site
plan approval, the Owner submit a tree inventory and preservation plan, to the
satisfaction of the Commissioner of Development Services.
(By-laws 2003-111 to 2003-113)
(5) HIGHWAY
7 CORRIDOR SANITARY SEWER SERVICING
CLASS ENVIRONMENTAL ASSESSMENT (5.5) Weblink
That the
report entitled Highway 7 Corridor Sanitary Sewer Servicing Class Environmental
Assessment be received;
And
that the preferred alternative, as shown on Appendix B attached to the April
22, 2003 staff report, for the installation of a sanitary sewer on Highway 7
from Warden Avenue to Main Street Unionville as detailed in the Environmental
Screening Document be endorsed;
And that
Engineering Department staff be authorized to file the Environmental Screening
Document for the 30-day public review commencing May 13th 2003;
And that staff
be authorized to enter into negotiations with adjacent benefiting landowners
regarding the front-end financing for the design and construction of the
sanitary sewer;
And that if
the benefiting land owners wish to advance the funds for the design of the
sewer in 2003, the Engineering Department 2003 Capital Budget be amended
accordingly;
And that the
Mayor and Clerk be authorized to enter into a front-ending agreement with
adjacent benefiting landowners in a form satisfactory to the CAO and the Town
Solicitor.
(6) EXEMPTION TO THE FENCE BY-LAW 277-97
AT 56 WEEPING WILLOW LANE (2.19) Weblink
That
notwithstanding clause 4.7 of By-Law 277-97 (Fences) an exemption be granted to
permit an existing 7.5-foot high (1.98m) fence to remain along the interior
side yard property line at 56 Weeping Willow Lane.
(7) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – APRIL 22,
2003 (16.0)
19. 1421122
AND 1424421 ONTARIO LIMITED
MARKVILLE LANDROVER/JAGUAR/VOLVOAUTOMOBILE
DEALERSHIP, 4072, 4086 AND 4096 HIGHWAY #7 EAST
SITE PLAN APPROVAL (SC 03.105543)(10.5, 10.6)
Moved by Councillor J. Virgilio
Seconded by Councillor S. Daurio
That condition 2 of the site plan application submitted by 1421122 and
1424421 Ontario Limited for an automobile dealership at 4072, 4086 and 4096
Highway #7 East be amended to delete the words "…final approval of the
site plan…" and replace them with "…issuance of the Building
Permit…".
CARRIED
7. MOTIONS
Council
consented to add Motions (2), (3) and (4).
(1) FEDERATION OF CANADIAN
MUNICIPALITIES
ANNUAL CONFERENCE AND MUNICIPAL EXPO
WINNIPEG, MANITOBA - MAY 30 TO JUNE 2, 2003 (11.12 & 16.23)
Moved by
Councillor J. Virgilio
Seconded by
Councillor K. Usman
That
Councillor A. Chiu be authorized to attend the Federation of Canadian
Municipalities 66th Annual Conference and Municipal Expo in Winnipeg, Manitoba
on May 30 to June 2, 2003.
CARRIED
(2) SALE
OF PORTION OF DEVIATION ROAD
PARTS 1, 2, 3 & 4, PLAN
65R-25471, MARKHAM (8.5)
Moved by Councillor A. Chiu
Seconded by Councillor G. McKelvey
That the deputation of Mr. Glenn Baron in objection to the matter of
the sale of town-owned lands (a portion of Deviation Road) being considered
in-camera, be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) MARKHAM CENTRE YMCA AND
ORC LANDS
7996 KENNEDY ROAD, CONCESSION 5, PART LOT 8
TOWN INITIATED OFFICIAL PLAN AMENDMENT AND RE-ZONING
FOR A YMCA (OP 02.116451 AND ZA 02.111702) (10.3, 10.5)
Moved by Councillor A. Chiu
Seconded by Councillor G.
McKelvey
That the deputation of Mr. Glenn Baron expressing concern that Helen
Avenue is not included in the community improvement district of Markham Centre,
be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) ANDRIN KENNEDY HOMES,
NORTHEAST CORNER
OF KENNEDY ROAD AND CASTAN AVENUE
ZONING BY-LAW AMENDMENT FOR MIXED USE TOWNHOUSES
(ZA.02-115263) (10.5)
That the application by Andrin Kennedy Homes to amend By-law 177-96 be
approved;
And that the proposed amendment to By-law 177-96 be enacted without
further notice;
And further that the resident at 62 Castan Avenue be notified when the
By-law amendment is to be considered."
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
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
127-2003 Government of
Canada - Advising of the new developments and upcoming events concerning the
Pickering Airport Site and the enactment of Federal Airport Zoning Regulations
(AZR) (13.1)
Referred to all Members of
Council
128-2003 Markham
Village BIA - Request to close various streets to facilitate the festival
events being held at Main Street Markham in 2003 as follows:
Markham Farmers' Market
Date & Time: Every Saturday from May 10 to October 11, 2003 from 7:00
a.m. to 2:00 p.m.
Streets: Robinson Street west of Main
Street Markham to the end of the building at 132 Robinson Street.
Community Garage Sale
Date & Time: May 31, June 28,
July 26, August 30 and September 27, 2003 from 7:00 a.m. to 2:00 p.m.
Streets: Robinson Street east of Main
Street Markham to the driveway behind the Scotia Bank.
Markham Village Music Festival
Date and Time: June 20, 2003 from
6:00 p.m. to 11:00 p.m. and June 21, 2003 from 7:00 a.m. to 7:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue.
Markham Caribbean Day
Date and Time: July 20, 2003 from
11:00 a.m. to 5:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue.
Olden Days & Antique Cars Festival
Date & Time: September 7, 2003
form 10:00 a.m. to 5:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue.
Festival of Lights
Date & Time: November 28, 2003
from 6:00 p.m. to 11:00 p.m.
Streets: Main Street Markham from
Highway No. 7 north to Parkway Avenue. (3.5)
(By-law 2003-114)
129-2003 Canadian Cancer
Society - Proclamation - Relay For Life Day - June 6, 2003. (3.4)
CARRIED
9. BY-LAWS
Council
consented to separate By-laws 2003-119 and 2003-120.
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That By-laws
2003-107 to 2003-120 be given three readings and enacted.
Three Readings
BY-LAW 2003-107 A by-law to authorize the execution of a Transfer/Deed of Land to
Morewest Holdings Inc. for the lands identified as Parts 1 and 4 on Plan
65R-25471, Deviation Road.
(Clause 4, Report No. 29, 2003)
BY-LAW 2003-108 A by-law to authorize the execution of a Transfer/Deed of Land to
Quintil Group Limited for the lands identified as Parts 2 and 3 on Plan
65R-25471, Deviation Road
(Clause 4, Report No. 29, 2003)
BY-LAW 2003-109 A by-law to authorize the execution of a Transfer/Deed of Land to
Greater Toronto Transit Authority for the lands identified as Part 1 on Plan
65R-25869.
(Clause 5, Report No. 29, 2003)
BY-LAW 2003-110 A by-law to amend Zoning By-laws 90-81, as amended and 47-85, as
amended (Milliken Mills Main Street Study Area - To extend Interim Control
By-law 2002-79).
(Clause 3, Report No. 30, 2003)
BY-LAW 2003-111 A by-law to adopt Official Plan Amendment No. 102 (Marander
Montessori School, 5906 16th Avenue - To provide for a day care centre).
(Clause 4, Report No. 30, 2003)
BY-LAW 2003-112 A by-law to amend Zoning By-law 304-87, as amended (Marander Montessori School, 5906 16th
Avenue - To delete the subject lands from Zoning By-law 304-87, as amended, so
that it may be incorporation into Zoning By-law 1229, as amended to provide for
a day care centre).
(Clause 4, Report No. 30, 2003)
BY-LAW 2003-113 A by-law to amend Zoning By-law 1229, as amended (Marander Montessori School, 5906 16th
Avenue - To provide for a day care centre).
(Clause 4, Report No. 30, 2003)
BY-LAW 2003-114 A by-law to close various streets to facilitate the festival events
being held at Main Street Markham in 2003.
(Communication No. 128-2003)
BY-LAW 2003-115 A by-law to adopt Official Plan Amendment No. 103 (Technical
amendment)
(Clause 6, Report No. 26, 2003)
BY-LAW 2003-116 A by-law to designate two properties as being of Historic and/or
Architect Value or Interest (The Christian Ramer Tenant House and The John D.
Hess House).
(Clause 4, Report No. 15, 2003)
BY-LAW 2003-117 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Part of Lots 1 & 2, Concession 8, designated as Parts 1,
5, 6, 7 and 8, Plan 65R-25211 - Elson Street)
BY-LAW 2003-118 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 172, Plan 65M-2294 - Hillcroft Drive and Block 99, Plan
65M-2951 - Hertford Crescent)
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That By-law
2003-119 be given three readings and enacted.
Three Readings
BY-LAW 2003-119 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 1 and 2, Plan 65M-3559, designated as Parts 1, 2, 3 and 4, Plan
65R-25300 (Richpark Developments Ltd.).
(Councillor J. Virgilio abstained)
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That By-law
2003-120 be given three readings and enacted.
Three Readings
BY-LAW 2003-120 A by-law to confirm the proceedings of the Council meeting of
April 29, 2003.
(Council
Meeting No. 11, 2003)
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:30 p.m.
_______________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)