2003-10-21
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 20
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero (5:15 p.m.), Councillor J. Virgilio
(5:35 p.m.), Councillor G. McKelvey, Councillor J. Heath, Councillor D.
Horchik, Councillor A. Chiu. (10)
Regrets
Regional
Councillor G. Landon, Councillor K. Usman. (2)
Moved by
Councillor A. Chiu
Seconded by
Councillor S. Daurio
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Box
Grove Secondary Plan Top Soil Stripping Permit (10.4)
(2) Sciberras/Fred Varley Safety
Improvements (5.10)
(3) Modification to Official Plan Amendment
No. 113 for Highway 404 North Planning District (10.3)
(4) Licensing Hearing - “Crown Beauty
International Inc.”, 2 Corby Road, Unit #7, Markham (2.0)
(5) Licensing Hearing - "Markham Health Studio", 7800
Woodbine Avenue, Unit #115, Markham (2.0)
(6) Licensing
Hearing - “Valleywood Health Centre”, 20 Valleywood Drive, Unit 113b, Markham
(2.0)
(7) Limousine
Licences (2.23)
(8) Council Resignation
(16.23)
(9) Region of York 16th Avenue Trunk Sewer
Dewatering Project (5.5)
(10) Markham
Professional Fire Fighters Association - Negotiations (11.6)
(11) Confidential
Property Matter Markham Centre - East Precinct (10.0)
(12) Sixteenth
Avenue Trunk Sewer Project Jennings Gate (5.5)
(13) Water/Wastewater Rate Proposed Public
Meeting (5.3 & 5.5)
(14) Markham Hydro Update (13.7)
CARRIED
The Regular
Meeting of Council was held on October 21, 2003 at 7:03 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu.
(10)
Regrets
Regional
Councillor G. Landon, Councillor K. Usman. (2)
STAFF
J. Livey, Chief
Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
A. Brown,
Director of Engineering
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P.
Loukes, Director of Operations & Asset Management
P. Miller, Manager, Secretariat Services
B. Nanninga, Executive Assistant
J. Sales,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
M. F. Turner,
Commissioner of Strategy, Innovations & Partnership
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor J.
Heath disclosed an interest with respect to Clause (1), Report No. 63 -
Development Services Committee, the proposed development by 1371045 Ontario
Limited for 160 and 162 Bullock Drive by nature of owning property next door to
the subject property, 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
Regional Councillor B. O'Donnell
Seconded by
Councillor J. Virgilio
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) BOX GROVE SECONDARY
PLAN
TOP SOIL STRIPPING PERMIT (10.4)
That the Box Grove Developers be permitted to undertake topsoil
stripping prior to draft plan approval subject to the following conditions:
- satisfying
requirements of a topsoil stripping permit
- The
Group expedite servicing of municipal water to the property line of existing
properties in the Hamlet of Box Grove as part of the initial underground
servicing for the Secondary Plan area
- The
Box Grove Developers Group submit a well monitoring/mitigation plan for
approval to address wells, which may be impacted prior to the availability of
municipal water
- The
Box Grove Developers Group submit a communication plan for approval by staff
for distribution to area residents as soon as possible.
(2) SCIBERRAS/FRED
VARLEY
SAFETY IMPROVEMENTS (5.10)
That the proposed pavement marking and
signage plan noted below be implemented to improve safety at the Fred Varley
Drive/Sciberras Road intersection;
- wider
cross-hatched centre-line markings
- two
advisory signs warning of "children in area" and two "curve
ahead" signs
- Additional
speed limit signs on both approaches
- Trimming
bushes in front of 115 Sciberras Road to improve visibility of speed hump sign
- Request
for priority police enforcement in this area
- cat
eyes be installed along the median
And that the Operations Department be
requested to implement these safety measures as soon as possible;
And that York Regional Police be requested to
identify this area for priority enforcement;
And that the matter of this specific stop
sign request and Town-wide stop signs be referred to the Safe Streets Task
Force early in the term of the 2004 - 2007 Council and that research statistics
and information on the impact of stop signs on speeding be available to the
Task Force.
(3) MODIFICATION TO
OFFICIAL PLAN AMENDMENT NO. 113
FOR HIGHWAY 404 NORTH PLANNING DISTRICT (10.3)
That the Report entitled “Proposed Modification to Official Plan
Amendment No. 113 (Highway 404 North Planning District)” dated October 21 2003
be received;
And That the Region of York, as part of its approval of Official Plan
Amendment No. 113, be requested to modify Official Plan Amendment No. 113 as
outlined in Appendix ‘A’ attached to the report;
And Further That the Director of Planning and Urban Design be
authorized to work with the Region of York and to seek such other modifications
to Official Plan Amendment No. 113 as may be appropriate, to give effect to
Council’s request.
(4) LICENSING HEARING
“CROWN BEAUTY INTERNATIONAL INC.”
2 CORBY ROAD, UNIT #7, MARKHAM (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed, subject to review of the minutes by Councillor J. Heath:
1. That the application
for Complementary
Healthcare Establishment, submitted by The Owner for "Complemenary
Health Care" at 2 Corby Road, Unit #7, Markham Ontario, be denied, and
2. That, pursuant to
section 25(1) of The Statutory Powers Procedures Act, this decision not be
stayed by any appeal of this decision that may be instituted in the courts.
(5) LICENSING HEARING
"MARKHAM HEALTH
STUDIO"
7800 WOODBINE
AVENUE, UNIT #115, MARKHAM (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
1. That
the Body-Rub Parlour Owner’s License No. 03103858, issued pursuant to Body-Rub
Parlour By-law 116-98, in the name of the Owner as “Markham Health Studio”,
located at Unit 115, 7800 Woodbine Avenue, not be renewed;
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.
(6) LICENSING HEARING
“VALLEYWOOD HEALTH CENTRE”
20 VALLEYWOOD DRIVE, UNIT 113B, MARKHAM (2.0)
That the following recommendation of the Markham Licensing Committee be
adopted and confirmed:
1. That
the application for Body-rub Parlour, submitted by the Owner for "Valleywood Health Centre" at 20 Valleywood
Drive, Unit 113B, Markham Ontario, be denied, and
2. That,
pursuant to section 25(1) of The Statutory Powers Procedures Act, this decision
not be stayed by any appeal of this decision that may be instituted in the
courts.
(7) LIMOUSINE
LICENCES (2.23) Weblink
That the report dated 2003-10-21, entitled "Limousine
Licences" providing comparative information from other municipalities with
respect to the transfer of limousine licences, be received for information;
And that the request of Helga Laehnemann,
President, Markham First Choice Limousine to transfer two limousine licences be
denied.
(8) COUNCIL
RESIGNATION (16.23)
Whereas the election of Regional Councillor Tony Wong as the new Member
representing the Electoral District of Markham in the Legislative Assembly of
the Province of Ontario was published in the Ontario Gazette on October 18,
2003;
And Whereas, pursuant to Section 9(2) of the Legislative Assembly Act,
Regional Councillor Tony Wong is deemed to have resigned from Town of Markham
Council at the end of the day on which the results of the Provincial election
are Gazetted;
Now therefore be it resolved that the resignation of Regional
Councillor Tony Wong be received;
And that the position not be declared vacant.
(9) REGION
OF YORK 16TH AVENUE TRUNK SEWER
DEWATERING PROJECT (5.5)
That the verbal staff report on a protocol on procedures for notice and
communications between the Region of York and the Town of Markham be received;
And that the Chief Administrative Officer report back with a draft of
this protocol for the consideration of Committee.
(10) MARKHAM
PROFESSIONAL FIRE FIGHTERS
ASSOCIATION - NEGOTIATIONS
(11.6)
That the update on Markham Professional Fire
Fighters Association negotiations presented by Commissioner of Community and
Fire Services, be received.
(11) CONFIDENTIAL PROPERTY
MATTER
MARKHAM CENTRE - EAST PRECINCT (10.0)
That the report regarding the confidential
property matter in connection with Markham Centre - East Precinct, be received.
Moved by Regional Councillor B. O'Donnell
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- SEPTEMBER 30, 2003
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on September 30, 2003, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to add Presentation (4).
(1) UNITED STATES SENIOR
WOMEN’S
AMATEUR GOLF CHAMPIONSHIP (12.2.6)
Council
recognized and congratulated Ms. Marlene Streit on winning the United States
Senior Women’s Amateur Golf Championship.
..............................................................
Mayor D.
Cousens vacated the Chair and Deputy Mayor F. Scarpitti assumed the Chair.
..............................................................
(2) 238TH
MARKHAM SCOUT TROOP (12.2.6)
Council
welcomed the 238th Markham Scout Troop along with their Leader Mr. Andy Lai and
Assistant Leaders Mr. Jim Liang and Ms. Mandy Yung.
(3) UNITED WAY CAMPAIGN
- COMMUNITY SERVICES COMMISSION
ANNUAL GOLF TOURNAMENT (12.2.6)
Council
recognized and congratulated the Community & Fire Services Commission for
donating $8,000 towards the Town of Markham United Way Campaign, representing
proceeds from the Annual Commission Golf Tournament.
The
Commissioner of Community & Fire Services presented a cheque to Ms. Linda
Irvine, Manager, Parks and Open Space Development and Chair of the Town of
Markham United Way Campaign.
(4) TONY
WONG, MPP, MARKHAM (12.2.6)
Council extended congratulations to Tony
Wong, MPP, Markham, former Town of Markham Regional Councillor, on his election
to the Legislative Assembly of the Province of Ontario. Council celebrated Mr. Wong as a
conscientious, hard-working friend and thanked him for his leadership and
support.
5. DELEGATIONS
Council
consented to add Delegations (1) and (2).
(1) Colin Alston, Alston
Associates Inc., in objection to the proposed rezoning application to permit a
Service Commercial use (including a dog daycare, grooming, sitting, dog
obedience school and accessory retail) for a period of three (3) years. (Clause
6, Report No. 63, 2003) (10.5)
(2) Glenn Baron, providing
comments regarding the proposal by Chiavatti Developments Ltd. and Bramblewell
Developments Ltd. at the southeast corner of Highway 7 and Swansea Road and the
need for a public pathway during development. (Clause 10, Report No. 63, 2003)
(10.5)
6(a) REPORT NO. 62 - TRANSPORTATION COMMITTEE
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That Report
No. 62 - Transportation Committee be received and adopted.
September 29, 2003
(1) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – SEPTEMBER
29, 2003 (16.0)
CARRIED
6(b) REPORT NO. 63 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1),
(3), (4), (5), (6), (7) and (10).
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Report No. 63 - Development Services
Committee be received and adopted.
October 14, 2003
(1) 1371045 ONTARIO
LIMITED, 160 AND 162 BULLOCK DRIVE
ZONING BY-LAW AMENDMENT (ZA.02-106189)(10.5) Weblink
That the record of the Public Meeting held on May 6, 2003, relating to
the application by 1371045 Ontario Limited for Zoning By-law Amendment to
change the zone category from Industrial (M) to Business Corridor (BC) at 160
and 162 Bullock Drive (File ZA.02-106189) be received;
And that the Zoning By-law Amendment to change the zone category, as
set out in Appendix ‘A’ attached to the staff report dated October 14, 2003, be
approved.
(By-law 2003-309)
CARRIED
(Councillor
J. Heath abstained)
(2) LANGSTAFF LAND USE
STUDY, TERMS OF REFERENCE
PHASE I (SD.03 - 116189)(10.8) Weblink
That the Development Services Commission Report entitled “Langstaff
Land Use Study, Terms of Reference, Phase I”, dated October 14, 2003, be
received;
And that the study terms of reference attached as Appendix ‘A’ to the
report dated October 14, 2003, be endorsed;
And that staff be authorized to proceed with consultant selection and
commencement of the Study, in accordance with provisions of the Purchasing
By-law, with consultant fees not to exceed $37,190.29 inclusive of 7% G.S.T.
($35,800 inclusive of 3% G.S.T.);
And that funds are provided for in Planning
Department’s 1993 Capital Budget Account # 79 5399 135 Langstaff
Study and 2002 Capital Budget Account # 80 5399 4812 005 Langstaff
Land Use Study (Phase 2);
And that staff report back on the consultant selection and detailed
work program upon completion of the “Request for Proposal” process.
CARRIED
(3) MAIN
STREET MARKHAM
STREETSCAPE AND TRAFFIC MANAGEMENT STUDY (10.8, 16.39)
That
the staff report entitled "Main Street Markham Streetscape and Traffic
Management Study - Final Report" be received;
And
that the "Main Street Markham Streetscape and Traffic Management Study -
Final Report" be endorsed by Council in principle;
And
that the Construction and Utilities staff be authorized to retain an
engineering consultant to carry out detail design of the intersection of 16th
Avenue and Markham Road (Stage 1 of Phase 1) in 2003 for construction in 2004;
And
that the cost of the Stage 1 design and construction in an estimated amount of
$530,000 (Town cost $243,000, ROY cost $213,000 and MTO cost $74,000) be funded
from the 2003 Engineering Capital Budget, Account No. 83-5350-5208-005, and the
cost contributions from the Region of York and the Ministry of Transportation;
And
that the Construction and Utilities staff be further authorized to retain
engineering consultants to complete the detail design of the remaining Phase 1
work and carry out the detail design of Phase V (the intersection of Highway #
7 and Markham Road);
And
that the cost of detail design for the remaining Phase 1 and for the Phase V
work, in an estimated amount of $70,000, be funded from the 2003 Capital
Budget, Account No. 052-5399-5252-005, and the funding contribution from the
Ministry of Transportation and the Region of York where applicable.
CARRIED
(4) OAK RIDGES MORAINE: DRAFT OFFICIAL PLAN
AMENDMENT AND ZONING BY-LAW
(M1.204)(10.3, 10.5) Weblink
Council
consented to a division on the question.
That
correspondence dated October 14, 2003, from Michael J. McQuiad of Weir Foulds,
representing Lebovic Enterprises Ltd., with concerns regarding the Oak Ridges
Moraine Draft Official Plan Amendment and Zoning By-law, be received.
CARRIED
And
that the staff report entitled "Oak Ridges Moraine: Draft Official Plan
Amendment and Zoning By-law", dated October 14, 2003, be received;
And
that the record of the Public Meeting held on July 7, 2003 with respect to the
proposed amendment to the Official Plan and Zoning By-law be received;
And
that the Official Plan Amendment for the Oak Ridges Moraine, attached as
Appendix 'A' to the staff report dated October 14, 2003, be adopted;
And
that the Draft Zoning By-law Amendment to By-law 304-87, as amended to
implement the Oak Ridges Moraine, attached as Appendix 'B' to the staff report
dated October 14, 2003, be passed;
And
that the Ministry of Municipal Affairs and Housing be forwarded the Official
Plan Amendment and Zoning By-law for approval;
And
that the Ministry of Municipal Affairs be forwarded a justification report in
support of the rezoning to protect the smaller woodlots;
And
further that the Region of York, Toronto and Region Conservation Authority,
Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering,
Transport Canada and the Rouge Park Alliance be provided with a copy of the
amendments and notice of adoption.
(By-laws 2003-310 and 2003-311)
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (4) be amended to delete the word "…for…" after
the words "...in support of the rezoning..." and replace it with
"…to protect…" in paragraph 6.
CARRIED
(5) PROVINCIAL SMART GROWTH
INITIATIVES:
CENTRAL ONTARIO SMART GROWTH PANEL
FINAL REPORT AND ONTARIO’S URBAN FORUMS (10.0) Weblink
That the staff report entitled “Provincial Smart
Growth Initiatives: Central Ontario Smart Growth Panel Final Report and
Ontario’s Urban Forums”, dated October 14, 2003, be received for information;
And that
Council endorse the general direction of the April 2003 Central Ontario Smart
Growth panel’s final report;
And that
Council urge the new provincial government to act on the common themes or
directions of the Provincial Smart Growth Initiatives with respect to planning
and investing in:
- long-term growth management to address
urban sprawl and encourage intensification;
- providing more affordable housing
opportunities;
- protecting natural heritage systems,
greenspace and farmland;
- providing a balanced and integrated
transportation network with investment in public transit to reduce
gridlock;
- recycling organic waste to achieve waste
diversion; and
- providing infrastructure funding to
priority growth areas such as urban centres and corridors;
And that
Council urge the new provincial government to finalize a provincial Smart
Growth strategy for the Central Ontario zone linking strategic provincial
planning and policy regulation to strategic provincial investment and financial
management;
And that
Council urge the new provincial government to immediately develop a framework
to
implement the
Central Ontario Smart Growth panel’s recommendations and provide immediate
support to the
Town of Markham in the implementation of Smart Growth initiatives by:
(a)
removing planning and
regulatory barriers and expediting the provision of improved planning and fiscal tools to achieve the
new Markham Centre development;
(b) developing
an implementation framework to deliver provincial investment and policies to
encourage compact development and balanced live/work opportunities;
(e) acting on the recommendations of the Eastern Markham Strategic
Review Committee particularly as they relate to the protection of key linkages
to the Little Rouge Creek Corridor lands of the Rouge Park, the protection of
agricultural lands, and the coordinated
planning for the lands in the vicinity of the Pickering Airport site;
(f) acting to implement the
Central Ontario Smart Growth panel’s August 2002 interim advice and investing
immediately and significantly in transit initiatives throughout the Central
Ontario zone by allocating a portion of the provincial gas or sales tax to
municipalities;
(g) expediting
approval mechanisms to increase processing capacity for organic waste to
prevent further delay of the
implementation of municipal curbside organic waste collection;
(h)
proceeding with implementing the blue box
funding mechanism as set out in the Waste Diversion Act; and
(i)
working with municipalities across the
Central Ontario zone to ensure coordination of long-term decision-making on
planning and investment in infrastructure and resolution of issues that span
municipal boundaries;
(j)
initiating
special legislation under the Planning Act to protect the Rouge Park;
And that Council urge the new provincial government to act on the findings of
Ontario’s Urban Forums by:
(a)
providing targeted,
long-term and sustainable funding in support of the provision of rental and
affordable housing, transit/transportation, and infrastructure initiatives; and
(b)
designing approaches to
ensure coordination and collaboration between the province, municipalities, the
federal government and the private sector.
And further that the new Provincial Government be advised that the Town
of Markham wishes to offer its support and assistance to the Province in future
Smart Growth initiatives or Smart Growth Panels, including political or senior
staff representation on Panels, Committees or Task Forces.
CARRIED
AS AMENDED
(See
following motions to amend)
Moved by Councillor E. Shapero
Seconded by Councillor G. McKelvey
That Clause (5) be amended to add the following to paragraph 5 as
subsection (j):
"(j) initiating
special legislation under the Planning Act to protect the Rouge Park;"
CARRIED
Moved by Councillor E. Shapero
Seconded by Regional Councillor B. O'Donnell
That the following be added as the last paragraph:
"And further that the new Provincial
Government be advised that the Town of Markham wishes to offer its support and
assistance to the Province in future Smart Growth initiatives or Smart Growth
Panels, including political or senior staff representation on Panels,
Committees or Task Forces."
CARRIED
(6) DOGEDEN, 60 BULLOCK
DRIVE
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO PERMIT A SERVICE COMMERCIAL USE (ZA.03-114132)(10.5) Weblink
That the
deputation by Debbie Reynolds, owner of "Life's Ruff", be received;
And that the
record of the Public Meeting held on September 9, 2003, entitled, “Dogeden and
Life’s Ruff, 60 Bullock Drive”, be received;
And that the
Zoning By-law Amendment application (ZA.03-114132) submitted by Dogeden for a
permanent by-law not be approved;
And that the
proposed temporary use by-law attached as Appendix ‘A’ to the report dated
October 14, 2003, be enacted.
(By-law 2003-312)
CARRIED
(See
following motions to amend which were Lost)
Moved by
Councillor J. Virgilio
Seconded by
Councillor E. Shapero
That Clause (6) be amended to delete
paragraphs 3 and 4 and the following be substituted therefor:
"That staff be directed to meet with the
landlord, the applicant and Mr. Alston to address the issues of noise
attenuation, soundproofing, parking and odour as raised this date."
LOST
Moved by Mayor D. Cousens
Seconded by Councillor J. Heath
That Clause (6) be amended to add the
following as the last paragraph:
"And that the proposed temporary use
by-law include an (H) Hold provision on the zoning to ensure that the issue of
noise attenuation has been addressed to the satisfaction of the Commissioner of
Development Services."
LOST
(7) PUBLIC ART POLICY FRAMEWORK (6.5) Weblink
That the
report to Development Services Committee entitled “Public Art Policy
Framework”, dated October 14, 2003, be received;
And that the
“Public Art Policy Framework” attached as Appendix A to the staff report dated
October 14, 2003, be endorsed as a general framework and process for making
decisions about the placing of art on municipal lands as well as a guideline
for the future development of specific public art policies;
And that the
Town Clerk proceed with the establishment of a “Public Art Advisory Committee”
having the roles and responsibilities as outlined in the “Public Art Policy
Framework” document;
And that, following establishment of the Public Art
Advisory Committee, staff report back on the next steps necessary to implement
the public art policy framework including staffing assignments, identifying
priority policy areas that need further development, as well as an appropriate
implementation strategy, work plan and schedule;
And further
that the “Public Art Advisory Committee”, in association with staff, review and
report back on how best to spend the $100,000.00 that has been allocated in the
2003 Capital budget for Public Art within the Town of Markham.
CARRIED
(8) WATER ALLOCATION DISTRIBUTION
(2003)(5.3) Weblink
That
correspondence and deputation by Ira T. Kagan of Kagan Shastri, representing
Times Group Corporation, Galleria, be received;
And that the
Development Services report entitled “Water Allocation Distribution (2003),”
dated October 14, 2003, be received;
And that the
allocation of water to specific planning districts as identified in Appendix
“A” to the staff report dated October 14, 2003, be endorsed;
And that the
allocation to specific planning districts be subject to conditions as listed in
Appendix “B” attached to the staff report dated October 14, 2003;
And that the
Town reserve the right to revoke or reallocate water allocation at its sole
discretion;
And that staff
report back in January 2004 with a recommended water allocation policy for
high-rise residential developments;
And that staff
report back in spring 2004 with an update to the 2003 allocation and with
recommendations for the distribution of the 2004-2011 (±11,466 units)
additional water allocation.
(9) SCHOOL CROSSING GUARD SERVICE
WOOTTEN WAY SOUTH AT SENATOR REESOR'S DRIVE (NORTH LEG)
(5.12) Weblink
That the Human Resources Department be authorized to
establish school crossing guard service at the intersection of Wootten Way
South and the north leg of Senator Reesor’s Drive.
And that the Human Resources Department be authorized to remove
the school crossing guard service at the intersection of Highway 7 and Wootten
Way.
And that the Roads Department be directed to install school crossing
signs and crosswalk pavement markings at the Wootten Way South/Senator Reesor’s
Drive (north leg) and remove the existing school crossing signs at Highway
7/Wootten Way South upon approval of the by-law;
And that the
deputation by Gillian McCarthy of the William Armstrong Public School Parent
Council, be received;
And that the
petition with 78 signatures in support of crossing guards at Wootten Way South
at Senator Reesor's Drive, and at Wootten Way and Major Buttons; and the
submission from the William Armstrong Public School Parent Council requesting
additional safety measures, be received and referred to staff for a report.
(10) CHIAVATTI DEVELOPMENTS LTD.
AND
BRAMBLEWELL DEVELOPMENTS LTD.
SOUTHEAST CORNER HWY 7 AND SWANSEA ROAD
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS FOR
EIGHT SEMI-DETACHED DWELLINGS (OP 03-116179, ZA 03-112197)(10.5)
That
the deputation by Glenn Baron, with comments regarding the proposal by
Chiavatti Developments Ltd. and Bramblewell Developments Ltd., be received;
And that the Record of the Public Meeting
held on October 14, 2003 with respect to the applications by Chiavatti
Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and
zoning by-law amendments to permit eight semi-detached residential units south
of Highway 7, east of Swansea Road (OP 03-116179, ZA 03-112197), be received;
And that the applications by Chiavatti
Developments Ltd. and Bramblewell Developments Ltd. for Official Plan and
zoning by-law amendments be approved;
And that staff be directed to finalize the
proposed Official Plan Amendment, and that the Amendment be adopted without
further notice;
And that staff be directed to finalize the
proposed amendment to By-law 134-79, as amended, and that the by-law be enacted
without further notice.
CARRIED
(11) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – OCTOBER
14, 2003 (16.0) Weblink
CARRIED
..............................................................
Deputy Mayor
F. Scarpitti vacated the Chair and Mayor D. Cousens assumed the Chair.
..............................................................
6(c) REPORT NO. 64 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to add Report No. 64 - Finance & Administrative Committee.
Council
consented to separate Clauses (2) and (11).
Moved by
Councillor A. Chiu
Seconded by
Deputy Mayor F. Scarpitti
That Report
No. 64 - Finance & Administrative Committee be received and adopted.
October 20, 2003
(1) UPDATE ON STATUS OF CAPITAL PROJECTS
AS OF SEPTEMBER 30, 2003 (7.5)
That
the report entitled "Update on Status of Capital Projects as of September
30, 2003" be received;
And
that Exhibit A entitled "Summary of Open Capital Projects at September 30,
2003", attached to the staff report, be received for information purposes;
And
that $1,892,595 from closed capital projects be transferred to the original
sources of funding as per Exhibit B, entitled "Summary of Closed Capital
Projects by Account at September 30, 2003", attached to the staff report.
(2) INNOVATION SYNERGY CENTRE
1ST QUARTER STATUS REPORT
(10.16 & 12.2.6) Weblink
That the presentation by Mr. Stephen Chait,
the Director of Economic Development and Mr. Bob Glandfield, the General
Manager of the Innovation Synergy Centre, be received;
And
that the report entitled "Innovation Synergy Centre Status Report" be
received;
And
that the Innovation Synergy Centre in Markham be incorporated as a Community
Development Corporation under Part III of the Corporations Act;
And
that the Town appoint the Mayor, the Town Solicitor, and York University's VP
of Research & Innovation to apply on the municipality's behalf for
incorporation;
And
that the General Manager of the Innovation Synergy Centre be authorized to sign
on behalf of the Town a waiver and/or non-disclosure agreements between clients
of the ISC and the ISC, contractors (i.e. mentors and consultants) working for
the Innovation Synergy Centre;
And
that the name "Innovation Synergy Centre in Markham" be extended to
all materials coming forward.
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor J. Heath
Seconded by Councillor E. Shapero
That Clause (2) be amended to add the
following as the last paragraph:
"And that the name "Innovation Synergy Centre in
Markham" be extended to all materials coming forward."
CARRIED
(3) UNIONVILLE HOMES SOCIETY MILLENNIUM
PROJECT -
GRANT REQUEST FOR FEES AND
LETTERS OF CREDIT
IN THE SITE PLAN AGREEMENT FOR
4300 HIGHWAY #7 EAST
MARKHAM, ONTARIO (10.5 &
10.6)
That
the report dated October 20, 2003, entitled "Unionville Homes Society
Millennium Project - grant request for fees and letters of credit in the Site
Plan Agreement for 4300 Highway #7 East, Markham, Ontario" be received;
And
that the Town obtain a Master Letter of Credit in the amount of $272,758 for
the development proposal in the Site Plan Agreement;
And
that the Town embed the applicant's Highway 7 sanitary sewer contribution
($168,000) into the Master Letter of Credit;
And
that the owner not draw down the Master Letter of Credit until all of the
required works itemized in the Site Plan Agreement have been completed, and not
below an amount of $168,000 corresponding to the Owner's share of the Highway 7
Sanitary Sewer (unless payment is made separately for applicant's share);
And
that the owner allow the Town to cash part of the Master Letter of Credit (in
the amount of $168,000) as the applicant's share of the Highway 7 Sanitary
Sewer;
And
that in the Site Plan Agreement, the owner will only pursue the option of a
sanitary connection to the north as an interim measure in the event that the
Highway 7 Sanitary Sewer is not available at the time of occupancy, and will
agree to ultimately connect to the Highway 7 Sanitary Sewer once available;
And
that the Town deny the request for a grant in the amount of Town processing
fees;
And
that the Town deny the request to take the property on Eureka Street as
collateral instead of a cash contribution;
And
that the owner and Town Staff cooperate together, and with other benefiting
landowners, to undertake to facilitate the installation of the Highway 7 East
municipal servicing project to coincide with the development of the Unionville
Homes Society Millennium Project.
(4) GREEN ROOF FEASIBILITY STUDY (5.7 &
12.4) Weblink
That
the staff report entitled "Green Roof Feasibility Study Results",
dated October 20, 2003, be received;
And
that funding for implementing an extensive green roof system at the Civic
Centre roof that allows public access on the lower level be included as a 2004
capital submission for consideration during the budget process.
(5) ONTARIANS WITH DISABILITIES ACT, 2001
TOWN OF MARKHAM DRAFT
ACCESSIBILITY PLAN (16.9 & 13.2) Weblink
That
the draft Accessibility Plan be received;
And
that the Accessibility Plan be made available to the public through the Clerk's
Department and the Town's website;
And
that the Accessibility Plan be provided to the Markham Advisory Committee on
Accessibility for comment;
And
that a public meeting be held and that notice of a public meeting be given by
newspaper publication and by notice on the Town's website;
And
that the Manager of Corporate Strategy and Quality, within the Strategy,
Innovation and Partnerships Commission be appointed to:
a. Coordinate responses of
Commission staff assigned to implement the Plan, monitor accessibility and
update the Plan annually;
b. Maintain records with respect
to accessibility issues and actions; and
c. Report to Council on the
implementation of the Plan on a regular basis and make recommendations for
future initiatives.
And that a staff person be identified within
each commission to be responsible for inquiries relating to accessibility,
annual updates of the Accessibility Plan, implementation of Commission
accessibility initiatives, monitoring accessibility and following up on
complaints related to accessibility;
And that the Planning Department's Design
Excellence Awards for 2005 include a category for excellence in design and
accessibility;
And that the Provincial government be
requested to amend the Building Code Act,
the Planning Act and other related Acts to ensure that municipally
adopted accessibility guidelines are enforceable on non-municipal projects
through subdivision, zoning, site plan approval, building permit issuance and
any other means available;
And further
that staff report back at the November 17, 2003 meeting of Finance &
Administrative Committee on what action is being taken to make the Town's website accessible to
persons with disabilities.
(6) DEVELOPMENT CHARGES INDEXING FOR 2004
(7.11)
That
the report entitled "Development Charges Indexing for 2004" dated
October 20, 2003 be received;
And
that Council approve an increase in all development charges of 4.0% effective
January 1, 2004.
(7) CHARACTER COMMUNITY
COMMUNICATIONS INITIATIVE (12.0 & 7.0)
That
Markham Council approve $2,587.50 inclusive of 7% GST and 8% PST ($2,497.50
inclusive of 3% GST and 8% PST) for the printing of "Character
Community" banners for insertion in OMG Public Space Recycling boxes
throughout the Town;
And
that funding of this project be provided for in account 110-110-5830 Council
Promotion;
And
further that staff report back on the OMG boxes and the results to date of
their advertising program.
(8) AMENDMENT TO BY LAW 2002-276 (6.4 &
6.2)
That
By-law 2002-276, a by-law to impose fees or charges for services or activities
provided or done by the Town of Markham, be amended to reflect the new $10.00
Administration fee for refund requests for registered Recreation and Culture
Services and to reflect the revised rental rates for the Markham Theatre.
(By-law 2003-319)
(9) TENDER AWARD - CONTRACT 167-T-03
BUTTONVILLE
CRESCENT EAST AND WEST
SERVICING (7.12 & 5.4 & 5.5)
That the
deputation of Mr. Glenn Baron, 251 Helen Avenue and his letter of October 20,
2003, be received;
And
that the tender for the construction of watermains, sanitary sewers and road
restoration of Buttonville Crescent East and West be awarded to the lowest
qualified bidder Drainstar Contracting Ltd. in the amount of $342,932.66
inclusive of 7% GST ($330,112.94 inclusive of 3% GST);
And
that the Mayor and Clerk be authorized to execute the contract with Drainstar
Contracting Ltd. for the construction of the watermain, sanitary sewer and road
restoration of Buttonville Crescent East and West;
And
that Engineering Department staff be authorized to retain the consulting firm
of Mitchell Pound and Braddock Ltd. to provide construction inspection and
contract administration services during construction of the project to an upset
limit of $10,639.40 inclusive of 7% GST ($10,241.66 inclusive of 3% GST);
And
that Engineering Department staff be authorized to retain a geotechnical
consulting firm to provide geotechnical testing services during construction of
the project to an upset limit of $5,350.00 inclusive 7% GST ($5,150.00
inclusive of 3% GST);
And
that funding be provided from the Waterworks Reserve account #83 6900 5323 005,
Buttonville Crescent Servicing in the amount of $391,000;
And
that future recoveries from property owners be allocated back to Waterworks
Reserve;
And
that upon payment of all invoices, any remaining funding will be returned to
its original funding source;
And
that the Legal Department report back after completion of construction with a
Fee By-law in accordance with the July 8 Council resolution.
(10) TENDER
AWARD - 128-T-03 HIRED LOADERS ON AN
"AS AND WHEN" REQUIRED BASIS (7.12.2)
That
the report entitled "Tender Award - 128-T-03 Hired Loaders on an "as
and when" Required Basis" be received;
And
that tender 128-T-03 Hired Loaders on an "as and when" required basis
be split and awarded to the companies listed on Table A (page 3 of staff report
dated October 20, 2003) in their hourly operating rates totalling an estimated
$1,110,896.38 inclusive of 7% GST ($1,069,367.54 inclusive of 3% GST) for a
period of two years;
And
that the 2003 costs, estimated at $154, 415.90 (inclusive of 3% GST) be charged
to the Operations Department's 2003 Operating Budget, account number 700 504
5407, and any over spending, projected to be $248,808.59 will be absorbed by
favourable variances in other Town wide operating accounts, including Revenue
(cost recovery) from the Region of York;
And
that the following 2004-2005 estimated costs (inclusive of 3% GST) be provided
for within the respective years' budget submission for the Operations
Department:
·
2004 $534,683.77
·
2005 (Jan 1 - Mar 31) $380,267.87;
And
that the 2005 and 2006 budgets/purchase orders will be adjusted for growth
(increase in kilometres of roadway) based on the approved budget for that year;
And
that loaders for non-winter maintenance activities, Skid Steer (1835 Case or
Equivalent) Loaders and 2 Wheel Drive Loaders (items 1 & 2 on Appendix A),
be awarded to the companies listed on Appendix A on an "as required
basis";
And
further that funds for non-winter maintenance loaders are included in Townwide
operating and capital budget accounts.
(11) OFFICIAL PLAN AMENDMENT
AND SECONDARY PLAN
FOR THE BOX GROVE PLANNING DISTRICT (10.4)
That Official Plan Amendment No. 92 incorporating a Secondary Plan for
the Box Grove Area, be modified as outlined in Appendix ‘A’ to the staff report
dated October 20, 2003, without further notice;
And that the Ontario Municipal Board be requested to approve Town of
Markham Official Plan Amendment No. 92 incorporating a Secondary Plan for the
Box Grove Area, as modified herein;
And that the Town Solicitor and appropriate staff be directed to
represent the Town before the Ontario Municipal Board to defend Official Plan
Amendment No. 92 and Secondary Plan for the Box Grove Area, as modified herein;
And that this report be made public, subject to Council authorizing the
above.
CARRIED
(See following
recorded vote) (10:0)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor A. Chiu.
(10)
ABSENT: Regional
Councillor G. Landon, Councillor K. Usman. (2)
(12) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE & ADMINISTRATIVE
COMMITTEE MEETING – OCTOBER
20, 2003 (16.0)
CARRIED
7. MOTIONS
Council
consented to add Motion (1).
(1) MARKHAM
DISTRICT VETERANS ASSOCIATION
REMEMBRANCE DAY PARADE &
CEREMONY (3.5.6)
Moved by Councillor J. Virgilio
Seconded by Deputy Mayor F. Scarpitti
That the request from the Markham District Veterans Association
requesting permission to hold its annual Remembrance Day Service and Parade on
Saturday, November 8, 2003, be approved;
And that all actions necessary to facilitate road closures and the
control of traffic during the Association's Remembrance Day Service and Parade,
be approved.
(2/3rd vote to consider was
required and obtained)
CARRIED
8. COMMUNICATIONS
Council
consented to add Communication Nos. 243-2003 and 244-2003.
Moved by
Councillor A. Chiu
Seconded by
Councillor E. Shapero
That Council
receive and consent to the disposition of communications in the following
manner:
Received
230-2003 Minister
of Transportation - Responding to the Town of Markham’s resolution regarding
the introduction of red light cameras to discourage drivers from running red
lights. (5.12)
243-2003 Development
Services Commission - Forwarding clarification for Mr. Colin Alston of Alston
Associates Inc. and Members of Council regarding the concerns outlined in the
letter dated October 15, 2003 from Mr. Alston in objection to the application
submitted by Dogeden for zoning amendment to permit a service commercial use at
60 Bullock Drive. (Communication No.
240-2003 & Clause (6), Report No. 63). (10.5)
Referred to all Members of Council
231-2003 Proclamation
- November 17 to 21, 2003 - YMCA World Peace Week. (3.4).
232-2003 Proclamation
- Canadian HIV/AIDS Awareness Week - November 24 to December 1, 2003 and World
AIDS Day - December 1, 2003. (3.4)
233-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for The Main Street Grill, 66 Main Street North,
Markham (indoor & outdoor). (3.21)
Referred to all Members of Council
234-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Rasoee The Indian Kitchen, 4400 Highway 7 East,
Markham (indoor). (3.21)
235-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Golden Griddle Family Restaurant, 7100 Woodbine
Avenue, Markham (indoor). (3.21)
236-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for The Pickle Barrel, 5000 Highway No. 7 East, Unit
Y007, Markham (indoor & outdoor). (3.21)
237-2003 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Koto Japanese Restaurant, 2900 Steeles Avenue
East, Unit CRU 25, Markham (indoor). (3.21)
238-2003 Markham District Veterans Association - Requesting
permission to hold its annual Remembrance Day Parade and Ceremony on November
8, 2003 between the hours of 10:30 a.m. and 11:30 a.m. and Poppy Campaign from
November 1 to 11, 2003. (3.5.6)
244-2003 Proclamation -
October 30 to November 11, 2003 - 2003 Holocaust Education Awareness Week (3.4)
Referred to Commissioner of Development
Services
239-2003 John A. Dawson,
McCarthy Tetrault - Forwarding comments, on behalf of 1065764 Ontario Limited
(Major Mark Centre), the owner of lands known as 9900 Highway No. 48, regarding
the zoning application submitted by Cranford Developments Ltd. for the lands
located on the south of Major Mackenzie Drive, west of Highway 48. (10.5)
240-2003 Colin Alston,
Alston Associates Inc. - Forwarding comments in objection to the application
submitted by the Dogeden for zoning amendment to permit a service commercial
use at 60 Bullock Drive. (Clause (6), Report No. 63) (10.5)
241-2003 Toronto
& Region Conservation Authority - Forwarding information regarding the
Workplan to Fulfill the Watershed Planning Requirements of the Oak Ridges
Moraine Conservation Plan (ORMCP). (13.13.2)
242-2003 Toronto
& Region Conservation Authority - Forwarding information regarding
Conservation Ontario’s Watershed-Based Demonstration Projects. (13.13.2)
CARRIED
9. BY-LAWS
Council
consented to add By-law 2003-319 and separate By-law 2003-218.
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That By-laws
2003-309 to 2003-317 and By-law 2003-319 be given three readings and enacted.
Three Readings
BY-LAW 2003-309 A By-law to amend Zoning By-law 1229, as amended (1371045 Ontario
Limited, 160 & 162 Bullock Drive - To expand the list of permitted uses.)
(Clause 1, Report No. 63, 2003)
BY-LAW 2003-310 A by-law to adopt Official Plan Amendment No. 117 (Oak Ridges
Moraine.)
(Clause 4, Report No. 63, 2003)
BY-LAW 2003-311 A by-law to amend Zoning By-law 304-87, as amended (To implement
the Oak Ridges Moraine.)
(Clause 4, Report No. 63, 2003)
BY-LAW 2003-312 A by-law to amend Zoning By-law 1229, as amended (Dogeden and
Life’s Ruff, 60 Bullock Drive - To permit a Service Commercial use (including a
dog daycare, grooming, sitting, dog obedience school and accessory retail) for
a period of three (3) years.)
(Clause 6, Report No. 63, 2003)
BY-LAW 2003-313 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Henry Arnold House, 10372 Woodbine
Avenue.)
(Clause 3, Report No. 52, 2003)
BY-LAW 2003-314 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Walker Homestead, 2920 16th Avenue.)
(Clause 6, Report No. 52, 2003)
BY-LAW 2003-315 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Buttonville Mill House, 9064 Woodbine Avenue.)
(Clause 6, Report No. 52, 2003)
BY-LAW 2003-316 A by-law to amend Zoning By-law 90-81, as amended (Forest Bay
Homes Ltd., Armadale East Planning District (Planning District No. 24-2),
northeast corner of Steeles Avenue and Markham Road - To adjust the mix of RSD4
and RSD5 zones to reflect the Phase 5 final plan; to increase the maximum
coverage for the R9 zone to 45%; to include a coverage maximum for the RSD5
zone and to consolidate a number of variances within the Villages of Fairtree
subdivision.)
(Clause 12, Report No. 47, 2003)
BY-LAW 2003-317 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Lots 99, 100, 101, 106, 107, 108, 114 to 118, both
inclusive, 120 to 123 both inclusive, 128 to 131, both inclusive and Blocks 135
and 136, Plan 65M-3670.)
BY-LAW 2003-319 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham (To
reflect the new $10.00 Administration fee for refund requests for registered
Recreation and Culture Services and to reflect the revised rental rates for the
Markham Theatre.)
(Clause (8), Report No. 64, 2003)
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor A. Chiu
That Council recess into Committee of the
Whole in-camera.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor J. Virgilio
Seconded by
Councillor E. Shapero
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(12) MARKHAM
HYDRO UPDATE (13.7)
That the staff report and direction to staff
on confidential Hydro matters be received and confirmed.
(13) SIXTEENTH
AVENUE TRUNK SEWER PROJECT
JENNINGS GATE (5.5)
Whereas Town of Markham Engineering staff made a presentation to the
Town’s Development Services Committee on September 9, 2003 with respect to the
16th Avenue Trunk Sewer Phase II Mitigation Program;
And whereas Town of Markham Engineering staff presented a report from
Terraprobe Limited on the said date which report provided that of the 61 homes
in Jennings Gate the number of wells potentially affected by Phase II of the
trunk sewer project is two (2);
And whereas the Region of York previously committed to funding all necessary
mitigative measures with respect to private wells due to the 16th
Avenue trunk sewer project;
And whereas the residents of Jennings Gate wish to present their
mitigative proposal to the Region of York;
Now therefore be it resolved that the mitigative proposal from the
Jennings Gate residents to the Region of York as listed below, be received:
"The Region shall pay the sum of $336,000.00 (61 wells x
$6,000.00/well) toward the cost of providing municipal water to Jennings
Gate. The Region would pay each well
owner directly and each well owner would be required to execute a full
release."
And that Town staff is hereby directed to present this resolution and
the said mitigative proposal to the Region of York for their immediate
response;
And that Town staff is hereby authorized to negotiate with the Region
of York to achieve the objectives of
the Jennings Gate residents;
And that staff report back on this matter to the November 17, 2003
Finance and Administrative Committee meeting.
(14) WATER/WASTEWATER
RATE
PROPOSED PUBLIC MEETING (5.3
& 5.5)
That a public meeting be held on Tuesday, December 9, 2003 to consider
a proposed water/wastewater rate increase to be effective January 1, 2004;
And that staff report back to Council on Tuesday, December 16, 2003
with recommendations.
CARRIED
9. BY-LAWS
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That By-law
2003-318 be given three readings and enacted.
Three
Readings
BY-LAW 2003-318 A by-law to confirm the proceedings of the Council meeting of
October 21, 2003.
(Council
Meeting No. 20, 2003)
CARRIED
10. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That the
meeting do adjourn.
CARRIED
Council
adjourned at 11:25 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)