2005-12-13
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 1
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones (12:35
p.m.), Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J.
Virgilio, Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman (2:13 p.m.), Councillor A. Chiu. (10)
Regrets
Mayor D.
Cousens, Councillor E. Shapero. (2)
Moved by Councillor
A. Chiu
Seconded by Councillor
J. Webster
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) 2006
Advisory Committee/Board Appointments (16.24)
(2) Sky
Homes (Formerly Caster Developments Inc.) & Centennial Community Baptist
Church, 8232 McCowan Road & Part of 8176 McCowan Road, Draft Plan of
Subdivision & Zoning By-law Amendment, 19TM-040002 (Su 04 009913, ZA 04 009915) (10.5, 10.7)
(3) 1606090 Ontario Limited, 78 & 90 Lee Avenue Zoning By-law
Amendment & Draft Plan of Subdivision (19TM-05013) - To Permit 16 Single
Detached Dwellings (ZA 05 013080, Su 05 013073) (B/12/05, B/13/05) (10.5, 10.7)
(4) North
American Society of Trenchless Technology (NASTT) International No-Dig 2006
Conference and Exhibition March 26-31, 2006 (11.12)
(5) Regional
Capital Projects Mid Block Crossings at Highway 404 – Update (5.10)
(6) 2006
Advisory Committee/Board Appointments (16.24)
CARRIED
The Regular
Meeting of Council was held on December 13, 2005 at 1:13 p.m. in the Council
Chamber, Civic Centre. Deputy Mayor F.
Scarpitti presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman (2:13 p.m.), Councillor A. Chiu. (11)
Regrets
Mayor D.
Cousens, Councillor E. Shapero. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
P. Miller,
Manager, Secretariat Services
K. Bavington,
Committee Clerk
B. Nanninga,
Executive Assistant
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
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
Deputy Mayor F.
Scarpitti reported the following motions passed at the Committee of the Whole
meeting:
(1) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Committee of
Adjustment
That Simon
Gulden be appointed to the Committee of Adjustment for the term ending November 30, 2006, subject to his immediate resignation from the Markham Museum
Board;
Markham
Conservation Committee
That
the following persons be appointed to the Markham Conservation Committee for a
term as indicated:
Mylene Batista Bezerra term
to expire November 30, 2008
Joyce Chau term
to expire November 30, 2008
Philip Ling term
to expire November 30, 2008
Romila Verma term
to expire November 30, 2008
John O'Gorman term
to expire November 30, 2007
(2) SKY HOMES (FORMERLY CASTER DEVELOPMENTS
INC.)
AND CENTENNIAL COMMUNITY
BAPTIST CHURCH
8232 MCCOWAN ROAD AND PART OF
8176 MCCOWAN ROAD
DRAFT PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT
19TM-040002 (SU 04 009913, ZA
04 009915) (10.5, 10.7)
Report Memo
That the tabled memorandum from the
Commissioner of Development Services and the Director of Planning and Urban Design
providing an update on meetings with Mr. Sauer, Ms. MacDonald, Ms. Mingay and
Mr. Chiu, representing the owners of 8192 and 8202 McCowan Road, to
discuss concerns with the proposed
development by Sky Homes at 8232 and 8176 McCowan Road, be received;
And that the deputation of Mr. Chiu, 8202 McCowan Road, requesting that fifteen metres from Block 30 be transferred to
Block 37 for an access road, be received.
(3) 1606090
ONTARIO LIMITED, 78 AND 90 LEE AVENUE
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF SUBDIVISION
(19TM-05013) TO PERMIT 16
SINGLE DETACHED DWELLINGS
(ZA 05 013080, SU 05 013073)
(B/12/05, B/13/05) (10.5, 10.7)
That the verbal update by the Director, Planning and Urban Design
regarding appealing the Committee of Adjustment's severance decision in
connection with 78 and 90 Lee Avenue (B/12/05, B/13/05), be received;
And that the letter dated December 7, 2005
from Cattanach Hindson
Sutton VanVeldhuizen, on behalf of the applicant, advising that the applicant
will not proceed with the Committee of Adjustment decision and will work with
staff and residents to reach concensus, be received;
And that staff be directed to
appeal the Committee of Adjustment decision to the Ontario Municipal Board with
a request from the Town to defer scheduling the hearing.
(4) NORTH AMERICAN SOCIETY OF TRENCHLESS
TECHNOLOGY
(NASTT) INTERNATIONAL NO-DIG
2006 CONFERENCE
AND EXHIBITION MARCH 26-31,
2006 (11.12)
Report
That
authorization be granted
for the Manager of Infrastructure - Waterworks and Councilor
Alex Chiu to attend the North American Society of Trenchless Technology’s
International (NASTT) “No-Dig 2006” Conference and Exhibition on March 26-31, 2006 in Nashville, Tennessee;
And further that staff and Councilor Alex
Chiu’s expenses be paid in accordance to Town’s Policy from account
#760-998-5200 and #760-998-5201.
(5) REGIONAL CAPITAL PROJECTS
MID BLOCK CROSSINGS AT HIGHWAY
404 – UPDATE (5.10)
That the
verbal update by the Director of Engineering with respect to the commitment of
other municipalities for the mid block crossings at Highway 404 between Highway
7 and 16th Avenue, Major Mackenzie and Elgin Mills, and Elgin Mills
and 19th Avenue, be received.
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor J. Jones
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- NOVEMBER 29, 2005
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Virgilio
That the
Minutes of the Council Meeting held on November 29, 2005, be adopted.
CARRIED
4. PRESENTATIONS
(1) NATIONAL
POST DESIGN EXCHANGE SILVER AWARD
FOR EXCELLENCE IN DESIGN
ANGUS GLEN COMMUNITY CENTRE
(12.2.6)
Mr. D'Arcy Arthurs,
Architect for the Angus Glen Community Centre was in attendance to present
Council with the National Post Design Exchange, Silver Award for excellence in design
in the architectural category for the Angus Glen Community Centre.
5. DELEGATIONS
(1) 2006
WATER/WASTEWATER RATES - PUBLIC MEETING (7.4 & 7.5)
Notices were
published in the Markham Economist and Sun and Thornhill Liberal on November 22
and December 6, 2005 advising that the Town of Markham is holding a public
meeting this date to obtain public input on the proposed Retail Water/Sewer
Rate increase.
Mr. Fuwing
Wong, Manager, Financial Planning, presented information regarding this matter.
(Other
Business 1) (By-law 2005-362)
(2) HIGHWAY
48 - HIGHWAY 7 TO HIGHWAY 407 (13.4.3)
Jessica Gurley,
15 Willow Trail Road, was in attendance to express concern for the need to
widen Highway 48 to four lanes from Highway 7 to Highway 407.
(Report No. 2, Clause No. 9, Item No. 19)
6(a) REPORT NO. 1 - GENERAL COMMITTEE
Council
consented to separate Clauses (3) and (4).
Moved
by Councillor S. Daurio
Seconded
by Councillor A. Chiu
That
Report No. 1 - General Committee be received and adopted.
December 5, 2005
(1) BLANKET PURCHASE ORDER EXTENSION - B5-15
VIDOME CONSTRUCTION LIMITED
(CONTRACT # 010-T-05) (7.12.1)
Report
That
the report entitled, Blanket Purchase Order Extension – B5-15 Vidome
Construction Limited (Contract # 010-T-05) be received;
And
that Blanket Purchase Order B5-15, for the restoration of concrete curb &
sidewalk, be increased an additional $175,000.00 to accommodate anticipated
expenditures for the remainder of the 2005 season;
And
that the funding available in Capital Accounts (083-6150-6753-005,
050-6150-6615-005, and 050-6150-6208-005) be utilized to cover the cost of
additional concrete works.
(2) 2006 INTERIM TAX LEVY AND BY-LAW (7.3)
Report
That
Council authorize an interim tax levy for 2006;
And
that a By-law be passed to authorize the 2006 interim tax levy.
(By-law
2005-348)
(3) AWARD OF TENDER 188-T-05 FOR THE
CONSTRUCTION
OF THE MARKHAM VILLAGE LIBRARY
EXPANSION
AND RENOVATION (7.12 &
3.19)
Report
That
the report entitled “Award of Tender #188-T-05 for the Construction of the
Markham Village Library Expansion and Renovation” be received;
And
that the Tender #188-T-05 for the construction of the Markham Village Library
Expansion and Renovation be awarded to the lowest priced qualified bidder
TORCOM Construction Inc., in the total amount of $7,625,000 exclusive of GST;
And
that a contingency of $381,250 exclusive of GST be established and that the
Director of Asset Management or designate, be authorized to approve change
orders up to the contingency amount with the provision that a monthly statement
of these expenditures is forwarded to the Town Treasurer;
And
that the Markham Village Library Expansion and Renovation project budget in the
total amount of $10,805,370 outlined
on page 4 be approved;
And
that funding be provided from the following sources:
PREVIOUSLY APPROVED FUNDING:
Project 5155 $4,350,158
Project 5161 $1,587,397
Project 6317 $1,100,000
Project 6595 $1,100,000
Sub-Total $8,137,555
ADDITIONAL FUNDING:
2006 Capital Proj. 7118 – Markham Village
Lib. Add’l Funding $2,364,500
2006 Capital Proj. 7067 – Markham Village
Lib. Landscaping $100,000
2002 Capital Proj. 4923 – Angus Glen IT
Budget (Surplus Funds) $107,000
Additional Development Charges Reserves $86,684
10% Non-DC Reserve
$9,631
Total Funding $10,805,370
And
that the 2006 Capital Budget project #7067, Markham Village Library
Landscaping, in the amount of $100,000, and 2006 Capital Budget project #7118,
Markham Village Library Expansion & Renovation Additional Funding in the
amount of $2,364,500 be pre-approved;
And
that the award for Markham Village Library Expansion and Renovation project
furniture, fixtures and equipment in the amount of $741,405 be made in
accordance with the Purchasing By-Law 2004-341;
And
that the award for Markham Village Library Expansion and Renovation project
collections, in the amount of $1,144,600 be made in accordance with the
Purchasing By-Law 2004-341;
And
that the Mayor and Town Clerk be authorized to enter into an agreement with
TORCOM Construction Inc. in a form satisfactory to the Town Solicitor;
And
that any minor adjustments resulting from the reduction of the contingency from
5.58% to 5% be left to staff to amend as applicable;
And
that a monthly report on all over-runs be taken to the Building and Parks
Committee, the General Committee and Council for information.
CARRIED
(4) TOWN
OF MARKHAM VOLUNTEERISM (12.2.6)
Report
That the
report entitled Town of Markham Volunteerism
prepared by the Director, Corporate Communications, dated December 5, 2005 be
received;
And that the
following recommendations be adopted:
- That a part-time, contract Volunteer
Coordinator be appointed to oversee new initiatives to generate an
increased level of volunteerism in Markham upon
confirmation of full sponsor
or partnership funding. The coordinator will network with businesses and
not-for-profit organizations, introducing businesses to not-for-profit
organizations requiring support. An area of focus would be the
identification of strong candidates to join not-for-profit boards of
directors;
- That the Town of Markham host two
meetings a year for the senior managers of not-for-profit organizations to
network and discuss common concerns and challenges;
- That a focus be put on finding volunteer
opportunities for new Canadians, especially those with professional training
and qualifications, to provide Canadian work experience that will help
them compete more effectively in the job market;
- That, with the support of the Markham
Board of Trade, The Chinese business associations and other business
associations, Markham’s major corporate organizations (such as IBM,
American Express or Motorola) be asked to present information about their
corporate volunteerism programs to other Markham-based businesses,
encouraging them to develop similar programs;
- That the Town of Markham encourage
partnerships between Markham-based businesses and not-for-profit
organizations to enhance existing programs supported by volunteers or to
make new programs possible. It is also recommended that an annual award be
established to recognize partnering organizations for the community
benefits achieved through their partnerships;
- That the Town of Markham communicate the
need for volunteers and promote Markham-based volunteer opportunities
through both existing communications vehicles and new materials designed
to support the goal of increased volunteerism. It is also recommended that
the services provided by Information Markham
be included in these communications;
- That the Town of Markham track the
impact of its focus on volunteerism by gathering year-over-year statistics
on the number of volunteers working within the community and the number of
volunteer hours contributed
- It is recommended that the salary of a
Volunteer Coordinator and the costs for communications materials be
supported through corporate partnership or sponsorship.
CARRIED
(5) REVISED TOWN OF MARKHAM HALLS -
ALCOHOL POLICY (3.21)
Report 1
That
the report entitled Revised Town of Markham
Halls – Alcohol Policy be received;
And
that Council approve the addition of new facilities as outlined in the report;
And
that in the future staff be authorized to add new facilities to the policy as
they open to the public;
And
further that the Town of Markham Halls – Alcohol Policy be revised to reflect
these changes
(6) ANTI-WHISTLING
STATUS REPORT (5.0)
Report 1 2 3
That
the report dated 2005-Dec-05 and entitled Anti-whistling Status
Report be received;
And
that GO Transit be requested to finalize options for the installation of safety
gates at the Eureka Gate at-grand crossing in consultation with the Town and
impacted property owners as part of their current contract for gate
installation along the Uxbridge Subdivision;
And
that staff from Legal Department and Finance Department in consultation with
staff from Engineering Department review and report back on the costs, risks
and implications to the Town of Markham with respect to GO Transit’s
requirement for third party liability if “anti-whistling” is to be pursued;
And
further that the Town convene a meeting with the General Manager of GO Transit
and representatives of the Region of York to discuss the fact that the Town
considers it unacceptable to await any elimination until the completion of all
gates.
(7) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- DECEMBER 5, 2005 (16.0)
CARRIED
6(b) REPORT NO. 2 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (9, items
19 and 22).
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B. O'Donnell
That Report No. 2 - Development Services
Committee be received and adopted.
December 6, 2005
(1) SEBASTIANO AND THERESA MIZZI
NORTHEAST CORNER OF MCCOWAN
ROAD AND
DENISON STREET, ZONING
AMENDMENT AND PLAN OF
SUBDIVISION APPLICATIONS TO
PERMIT 18 SINGLE-DETACHED
DWELLINGS (ZA 03 113947, SU 03
113946, 19TM-030013) (10.5, 10.7)
Report
That draft
plan of subdivision 19TM-030013 (SU.03-113946) located at 7475 McCowan Road,
proposed by Sebastiano and Theresa
Mizzi be draft approved subject to the conditions outlined in
Appendix ‘A’ attached to the staff report dated December 6, 2005;
And that the zoning application
(ZA.03-113947) to amend By-law 90-81 as amended,
and By-law 304-87, as amended, submitted by Sebastiano and Theresa Mizzi, to implement draft plan of
subdivision 19TM-030013 (SU.03-113946) located at 7475 McCowan Road, be approved and
the draft Zoning By-laws attached as Appendix
‘B’ to the staff report be finalized and enacted;
And that servicing allocation for the 18 units in the draft plan of
subdivision be granted as discussed in
the November 22, 2005 report on Servicing Allocation from the Director of Engineering and the
Director of Planning and Urban Design;
And that the
applicant agree to pay their proportionate share of the cost of the Hwy. 48
flow control measures, to the satisfaction of the Director of Engineering;
And that the Region of York be advised of the
servicing allocation for this development;
And that the Town reserves the right to
revoke or reallocate sewage allocation and water supply should the development
not proceed in a timely manner;
And that
the applicant provide to the Town the required payment of 30% subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 2005-189).
(By-laws 2005-349 and 2005-350)
(2) BRAWLEY MANOR CORPORATION (19TM-02010 -
PHASE 4)
AND MATTAMY (ROBINSON CREEK)
LTD. (19TM-03008 - PHASE 2)
WISMER COMMONS COMMUNITY,
PLANS OF SUBDIVISION AND
ZONING BY-LAW AMENDMENTS (SU
02 115478, SU 03 113679) (10.5, 10.7)
Report
That draft plans of subdivision 19TM-02010 (Phase 4) (Brawley Manor Corporation) and 19TM-03008 (Phase 2) (Mattamy (Robinson Creek) Ltd.) located north of 16th
Avenue, west of Highway 48, be draft approved subject to the conditions
outlined in Appendices ‘A’ and ‘B’ to the staff report dated December 6, 2005;
And that the applications submitted by Brawley Manor Corporation and Mattamy (Robinson
Creek) Ltd. to
amend Zoning By-laws 304-87 and 177-76, as amended, be approved, and the draft
by-laws attached as Appendix ‘C’ to the staff report dated December 6, 2005, be
enacted;
And that the
applicants agree to pay their proportionate share of the Hwy. 48 flow control
measures, to the satisfaction of the Director of Engineering;
And that Brawley Manor Corporation be granted a servicing allocation of 73
units for draft plan 19TM-02010 (Phase 4) and Mattamy (Robinson Creek) Ltd. be granted a servicing allocation
of 4.5 units for draft plan 19TM-03008 (Phase 2), such allocation to be from the total
allocation for the Wismer Commons Community, in accordance with the November
22, 2005 report on servicing allocation;
And that the
Town reserves the right to revoke or reallocate the servicing allocation should
the developments not proceed in a timely manner;
And that the Region of York be advised of the servicing allocation for
these developments;
And that the
applicants provide to the Town the 30% payment of the required subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 211-83, as
amended by By-law 2005-189);
And further
that the draft plan approval for plans of subdivision 19TM-02010 (Phase 4) and 19TM-03008 (Phase 2) will lapse after a period of three years commencing December 6,
2005, in the event that a subdivision agreement is not executed within that
period.
(By-laws 2005-351 and 2005-352)
(3) SKY HOMES (FORMERLY CASTER DEVELOPMENTS
INC.)
AND CENTENNIAL COMMUNITY
BAPTIST CHURCH
8232 MCCOWAN ROAD AND PART OF
8176 MCCOWAN ROAD
DRAFT PLAN OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT
19TM-040002 (SU 04 009913, ZA
04 009915) (10.5, 10.7)
Report
That
the correspondence from Chris Sauer, and from Martha Anne Mingay of Mingay and
Vereshchak, on behalf of the South Unionville Community Association, with
concerns regarding the proposed development by Sky Homes at 8232 and 8176
McCowan Road, be received;
And
that the deputation by Ming Chiu, with concerns regarding the proposed
development by Sky Homes at 8232 and 8176 McCowan Road, be received;
And that staff meet with Mr. Sauer, Ms. Mingay, and Mr.
Chiu and provide an update regarding their concerns at Committee of the Whole
on December 13, 2005;
And that the
report dated December 6, 2005, entitled “Recommendation Report, Sky Homes (formerly Caster Developments
Inc.) and Centennial Community Baptist Church, 8232 McCowan Road and part of
8176 McCowan Road, Draft Plan of Subdivision and Zoning By-law Amendment, 19TM-040002
File Nos. (SU 04 009913
& ZA 04 009915) ” be received;
And that the
draft plan of subdivision prepared by Templeton Planning Limited, dated
May 24, 2005 and revised November 1, 2005,
attached as Figure 4 to the staff report dated December 6, 2005, be
approved, subject to the conditions of Draft Plan Approval attached as Appendix
‘A’ to the staff report, the execution of a comprehensive subdivision agreement
and revisions to the draft plan including the following redline revisions:
i)
provide a 7.5
metre radius on the right-of-way at the intersection of South Unionville Avenue and Street ‘A’;
ii)
align the
westerly leg of Laneway ‘A’, across South Unionville Avenue, with Rembrandt
Drive;
iii)
re-label Block 37
as “Future Private Access”;
iv)
provide a 0.3
metre reserve across the South
Unionville Avenue street
line, including adjacent to lot 18 and blocks 32, 33 and 41;
v)
provide a widening across the full frontage of the site where it abuts McCowan Road of sufficient width to provide a
minimum of 18 metres from the centreline of construction of McCowan Road;
vi)
provide a 0.3
metre reserve across the full frontage of the site where it abuts McCowan Road;
vii)
provide a 0.3
metre reserve across the frontage of Block 37 along the Street ‘A’ street line; and
viii)
indicate the
Regional Storm Flood elevation line of 172.3 metres above sea level;
And that
servicing (sewer and water) allocation for 41 units be granted to the Draft
Plan of Subdivision 19TM-040002 (SU 04 009913) per Council’s November 29, 2005 resolution;
And that the
Town reserves the right to revoke or reallocate such servicing allocation
should construction not proceed in a timely manner;
And that the
Owner agree to pay their proportionate share of the Highway 48 flow control
measures, to the satisfaction of the Director of Engineering;
And that the
Owner pay the required subdivision processing fees in accordance with the
Tariff of Fees By-law, prior to the issuance by the Town of the stamped draft
approved plan and conditions of approval;
And that prior
to final approval of the plan of subdivision, the Centennial Community Baptist Church execute
an amended site plan agreement to reflect the changes to their property,
including changes to the parking lot;
And that the
rezoning application (ZA 04 009915) submitted by Sky Homes and Centennial Community Baptist Church to implement
the proposed plan of subdivision be approved and the implementing amendments to
By-laws 304-87 and 177-96, be enacted.
(By-laws 2005-353
and 2005-354)
(4) LOUIS KOUTSARIS, 366, 372, 376 STEELES
AVENUE E.
ZONING BY-LAW AMENDMENT AND
DRAFT PLAN OF
SUBDIVISION TO PERMIT AN 8 LOT
RESIDENTIAL SUBDIVISION
(ZA 97 207371, SU 99 029950)
(10.5, 10.7)
Report
That draft plan of subdivision 19TM-99024 prepared by
Henderson, Paddon and Associates Ltd., dated September 17, 2001, to permit 8
single detached lots at 366, 372 and 376 Steeles Avenue East, be approved
subject to the conditions of draft plan approval set out in Appendix ‘A’ to the
staff report dated December 6, 2005 (Louis Koutsaris, Files SU 99 029950, ZA 97
207371);
And that the application submitted by Louis Koutsaris to amend
Zoning By-law 1767, as amended, be approved, and the draft by-law attached as
Appendix ‘B’ to the staff report dated December 6, 2005, be enacted;
And that the applicant agrees to pay his proportionate
share of the Hwy. 48 flow control measures, to the satisfaction of the Director
of Engineering;
And that Council grant servicing allocation for 5 units
from the Town reserve (3 units already exist on the site and will be
transferred to the draft plan of subdivision);
And that the applicant provide the Town with the
required payment of 30% of subdivision processing fees in a in accordance with
the Town’s Fee By-law (By-law 2005-189);
And further that draft plan of subdivision 19TM 99024
will lapse after a period of 3 years, in the event that a subdivision agreement
is not executed within that period.
(By-law 2005-355)
(5) CONVEYANCE OF EASEMENT - REGIONAL
WATERMAIN
PART 1 OF BLOCK 162 AND PART 2
OF BLOCK 163, PLAN 65M-3644 (5.4, 8.1)
Report
That a by-law be enacted authorizing the Mayor and
Clerk to execute a Transfer of Easement to the Region of York for the purpose
of installing and maintaining a Regional watermain over Town-owned lands legally
described as Part 1, Block 162 and Part 2 of Block 163, Plan 65M-3644, in a
form satisfactory to the Town Solicitor.
(By-law 2005-356)
(6) AMENDMENT TO DEVELOPMENT FEE BY-LAW
FOR PLANNING/DESIGN AND
ENGINEERING FEES (10.0)
Report Attach.
A-E
That the
Report titled “Amendment to Development Fee By-law, Development Services
Commission (Planning/Design and Engineering Fees)," be received:
And that the
amendment to the “Tariff of Fees for Processing Development Services Commission
Applications,” By-law 211-83, attached to this report as Attachment
"A" be enacted.
(By-law 2005-357)
(7) NEAMSBY INVESTMENTS INC.
SOUTHEAST CORNER OF KENNEDY
ROAD AND
DENISON STREET REZONING
APPLICATION TO PERMIT AN
APARTMENT DEVELOPMENT (ZA 04
028090, SC 04 014176) (10.5, 10.6)
That
the Development Services Commission report dated February 15, 2005 entitled
“Preliminary Report, Neamsby Investments Inc., rezoning and site plan applications
to permit an apartment development at the southeast corner of Kennedy Road and
Denison Street (ZA 04 028090 and SC 04 014176)”
be received;
And
that the record of the Public Meeting held on December 6, 2005, with respect to
the proposed amendment to By-law 90-81, as amended, and By-law 177-96, as
amended, by Neamsby Investments Inc. to permit an apartment development at the
southeast corner of Kennedy Road and Denison Street (ZA 04 028090), be
received;
And
that the zoning amendment application by Neamsby Investments Inc to amend
By-law 98-81, as amended, and By-law 177-96, as amended, be approved;
And
that the proposed amendments to By-law 90-81, as amended, and By-law 177-96, as
amended, be enacted.
(By-laws
2005-358 and 2005-359)
(8) GREENSBOROUGH COMMUNITY BLOCKS 1 AND 3,
PLAN 65M-3642
TOWN INITIATED OFFICIAL PLAN
AND ZONING BY-LAW
AMENDMENTS TO IMPLEMENT THE
TOWN’S NEIGHBOURHOOD
COMMERCIAL STRATEGY (OP 05
014796, ZA 05 014812) (10.3, 10.5)
That
the record of the Public Meeting held on December 6, 2005, with respect to the
Town initiated Official Plan and Zoning By-law amendments to implement the
Town’s neighbourhood commercial strategy for the lands located on Greensborough
Village Circle within the Greensborough Community, be received;
And
that the proposed amendments be enacted without further notice.
(By-laws 2005-360
and 2005-361)
CARRIED
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – DECEMBER 6,
2005 (16.0)
CARRIED
7. MOTIONS
Council
consented to add Motion (1) to (3).
(1) NATIONAL
POST DESIGN EXCHANGE SILVER AWARD
FOR EXCELLENCE IN DESIGN
ANGUS GLEN COMMUNITY CENTRE
(12.2.6)
Moved by
Councillor D. Horchik
Seconded by
Councillor A. Chiu
That the
deputation by Mr. D'Arcy Arthurs, Architect for the Angus Glen Community Centre
presenting Council with the National Post Design Exchange, Silver Award for
excellence in design, be received.
(2/3rd vote to consider was
required and obtained)
CARRIED
(2) JESSICA
GURLEY, WIDENING OF HIGHWAY 48 (13.4.3)
Moved by
Councillor J. Webster
Seconded by
Councillor D. Horchik
That
the deputation by Jessica Gurley, 15 Willow Trail Road, regarding widening of
Highway 48, be received and referred to Engineering staff for a response.
(2/3rd vote to consider was
required and obtained)
CARRIED
(3) AWARD OF TENDER 188-T-05 FOR THE
CONSTRUCTION
OF THE MARKHAM VILLAGE LIBRARY
EXPANSION
AND RENOVATION (7.12 &
3.19)
Moved by
Councillor J. Webster
Seconded by
Regional Councillor J. Heath
That
thanks be extended to Catherine Biss, Chief Executive Officer, Markham Public
Library, Michelle Tidball, Chair, Markham Public Library Board, Steve Andrews,
Director of Asset Management, Eardley Adams, Project Manager, all past Markham
Public Library Board members and Chairs and all staff involved in bringing this
project to fruition.
(2/3rd vote to consider was
required and obtained)
CARRIED
8. COMMUNICATIONS
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That Council
receive and consent to the disposition of communications in the following
manner:
Received
179-2005 Town
of Aurora - Advising that their Council received and endorsed the resolution
from the Town of Markham regarding full service gas stations for patrons having
special needs. (10.0 & 13.5.1)
Referred to all Members of Council
180-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Little Bangkok Thai Cuisine, 227 Main Street
North, Unit 8 (indoor) (3.21)
181-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Saiyen Washoku, 3229 Highway No. 7, Unit 9
(indoor) (3.21)
CARRIED
9. OTHER BUSINESS
(1) 2006
WATER/WASTEWATER RATES (7.4 & 7.5)
Moved by
Councillor G. McKelvey
Seconded by
Regional Councillor B. O'Donnell
That the Town of Markham
water/wastewater rate be increased by 6.1% effective January 1, 2006 from $1.4053 per cubic meter to
$1.4909 per cubic meter;
And 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 increase in water/wastewater rates.
(Delegation 1)
(By-law 2005-362)
CARRIED
(2) MILLER PAVING LIMITED
APPLICATION FOR SITE SPECIFIC
OFFICIAL PLAN AMENDMENT
TO PERMIT A COMMERCIAL
SHOPPING CENTRE AT
7781 WOODBINE AVENUE
(OP-04-017217) (10.3)
Memo Official
Plan Schedules
Moved by Regional
Councillor B. O'Donnell
Seconded by
Regional Councillor J. Jones
That the
information regarding the application for site specific Official Plan Amendment
by Miller Paving Limited, to permit commercial development at 7781 Woodbine
Avenue as recommended by Development Services Committee on June 21, 2005, be
received.
(By-law
2005-363)
CARRIED
(3) 10225-10227 KENNEDY ROAD DESIGNATION
UNDER PART IV OF THE ONTARIO
HERITAGE ACT:
THE HOMER WILSON HOUSE, J.P.
CARR
COTTAGE AND PINGLE FARM
CEMETERY (16.11.3)
Moved by Councillor
G. McKelvey
Seconded by
Councillor J. Virgilio
That the
letter dated 17 November 2005 from Mr. McLean, on behalf of Fieldgate
Developments submitting objections to the designation of the Homer Wilson
House, J.P. Carr Cottage and Pingle Farm Cemetery as properties of
architectural and/or historic interest or value under Part IV of the Ontario
Heritage Act, R.S.O. 1990 Chapter 0.18, be received;
And that such
matter be referred to the Conservation Review Board for a hearing and report.
(Clause 4,
Report No. 28, 2005)
CARRIED
10. BY-LAWS
Council
consented to separate By-law 2005-377.
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That By-laws 2005-348
to 2005-377 be given three readings and enacted.
Three Readings
BY-LAW 2005-348 A by-law to authorize the 2006 interim tax levy.
(Clause 2, Report No. 1, 2005)
BY-LAW 2005-349 A by-law to amend Zoning By-law 304-87, as amended (Sebastiano
and Theresa Mizzi, 7475 McCowan Road - To delete the subject lands from By-law
304-87, as amended, so that it may be added to By-law 90-81, as amended, to
permit single-detached residential development).
(Clause 1, Report No. 2, 2005)
BY-LAW 2005-350 A by-law to amend Zoning By-law 90-81, as amended (Sebastiano and
Theresa Mizzi, 7475 McCowan Road - To permit 18 single-detached dwellings).
(Clause 1, Report No. 2, 2005)
BY-LAW 2005-351 A by-law to amend Zoning By-law 304-87, as amended (Brawley Manor
Corporation and Mattamy (Robinson Creek) Ltd., Part of Lots 16 & 17,
Concession 7, 19TM-02010, north of 16th Avenue and west of Highway No. 48 - To
delete the subject lands from By-law 304-87, as amended, so that it may be
added to By-law 177-96, as amended, to permit draft plans of subdivision).
(Clause 2, Report No. 2, 2005)
BY-LAW 2005-352 A by-law to amend Zoning By-law 177-96, as amended (Brawley Manor
Corporation and Mattamy (Robinson Creek) Ltd., Part of Lots 16 & 17,
Concession 7, 19TM-02010, north of 16th Avenue and west of Highway No. 48 - To
permit draft plans of subdivision).
(Clause 2, Report No. 2, 2005)
BY-LAW 2005-353 A by-law to amend Zoning By-law 304-87, as amended (Sky Homes
(formerly Caster Development Inc.) and Centennial Community Baptist Church,
8232 McCowan Road and part of 8176 McCowan Road - To delete the subject lands
from By-law 304-87, as amended, so that it may be added to By-law 177-96, as
amended, to permit the construction of 53 residential units).
(Clause 3, Report No. 2, 2005)
BY-LAW 2005-354 A by-law to amend Zoning By-law 177-96, as amended (Sky Homes
(formerly Caster Development Inc.) and Centennial Community Baptist Church,
8232 McCowan Road and part of 8176 McCowan Road - To permit the construction of
53 residential units).
(Clause 3, Report No. 2, 2005)
BY-LAW 2005-355 A by-law to amend Zoning By-law 1767, as amended (Louis
Koutsaris, 366, 372, 376 Steeles Avenue East - To permit the development of a
residential plan of subdivision consisting of 8 single detached dwelling
building lots clustered around a cul-de-sac).
(Clause 4, Report No. 2, 2005)
BY-LAW 2005-356 A by-law to authorize the Mayor and Clerk to execute a Transfer
of Easement to the Region of York for the purpose of installing and maintaining
a Regional watermain over Town-owned lands legally described as Part 1, Block
162 and Part 2 of Block 163, Plan 65M-3644.
(Clause 5, Report No. 2, 2005)
BY-LAW 2005-357 A by-law to amend By-law 211-83, as amended, being a by-law to
prescribe a tariff of fees for the processing of Planning Applications (Planning/Design and
Engineering Fees).
(Clause 6, Report No. 2, 2005)
BY-LAW 2005-358 A by-law to amend Zoning 90-81, as amended (Neamsby Investments
Inc., southeast corner of Kennedy Road and Denison Street - To delete the
subject lands from By-law 90-81, as amended, so that it may be added to By-law
177-96, as amended, to permit an apartment development).
(Clause 7, Report No. 2, 2005)
BY-LAW 2005-359 A by-law to amend Zoning 177-96, as amended (Neamsby Investments
Inc., southeast corner of Kennedy Road and Denison Street - To permit an
apartment development).
(Clause 7, Report No. 2, 2005)
BY-LAW 2005-360 A by-law to adopt Official Plan Amendment No. 145 (Town of Markham,
the northwest and northeast blocks at Greensborough Village Circle and Bur Oak
Avenue - To ensure neighbourhood commercial uses are built on the subject
lands).
(Clause 8, Report No. 2, 2005)
BY-LAW 2005-361 A by-law to amend Zoning By-laws 177-96, as amended
(Greensborough Town Centre, Part of Blocks 1 and 3, Plan 65M-3642, Part of Lots
17 and 18, Concession 8 - To ensure the ground floor level of any buildings
subject to this by-law will be used for commercial uses only).
(Clause 8, Report No. 2, 2005)
BY-LAW 2005-362 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
(Water/Wastewater Rates - Effective January 1, 2006).
(Other Business 1)
BY-LAW 2005-363 A by-law to adopt Official Plan Amendment 146 (Miller Paving
Limited, 7781 Woodbine Avenue - To permit a commercial shopping centre).
(Other Business 2)
BY-LAW 2005-364 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Henry Pingle Sr. House, 9767 Kennedy Road)
(Clause 2, Report No. 28, 2005)
BY-LAW 2005-365 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Raymer-Robb House, 7555 Markham Road)
(Clause 1, Report No. 28, 2005)
BY-LAW 2005-366 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Lewis J. Burkholder House, 6881 Highway No. 7)
(Clause 3, Report No. 28, 2005)
BY-LAW 2005-367 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (William Forster House, 8882 Reesor Road)
(Clause 1, Report No. 31, 2005)
BY-LAW 2005-368 A by-law to amend Fee By-law 2002-276 to levy fifty percent (50%)
of the actual cost of construction of sanitary services on Buttonville Crescent
East and Buttonville Crescent West together with a fee for connection to the
sanitary services.
(Clause 3, Report No. 46, 2003 & Clause 9, Report No. 64, 2003)
BY-LAW 2005-369 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 (Update Officers' List).
BY-LAW 2005-370 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Monarch Corporation, southeast corner of Sharon
Lee Drive and Wilfred Murison Avenue, Block 97, Plan 65M-3733, designated as
Part 11, Plan 65R-28510 and Block 133, Plan 65M-3582, designated as Parts 1 to
10, Plan 65R-28510).
BY-LAW 2005-371 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Merin Investments Inc. (Caliber Homes), south end
of James Walker Court, Lots 29, 30, 31 and 32, Plan 65M-3807).
BY-LAW 2005-372 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Cobalt Creek Homes, east of Ninth Line and south
of Highway No. 7, Lots 31 to 45 and 186 to 190 Plan 65M-3840)
BY-LAW 2005-373 A by-law to amend Zoning By-law 177-96, as amended (Fieldgate
Developments - Woodbine Mackenzie Developments Ltd., Phase III, 10271, 10327,
10391 Woodbine Avenue, east side of Woodbine Avenue & north of Major
Mackenzie Drive - To remove the (H) Hold provision in order to permit
development of 17 single detached units, 6 semi-detached units and 8 lane-based
townhouses).
BY-LAW 2005-374 A by-law to amend Zoning By-law 177-96, as amended (Fieldgate
Developments - Woodbine Mackenzie Developments Ltd., Phase I, east side of
Woodbine Avenue & north of Major Mackenzie Drive, Blocks 135 and 136
Registered Plan 65M-3670 - To remove the (H) Hold provision in order to permit
development of 9 single detached units).
BY-LAW 2005-375 A by-law to amend Zoning By-law 304-87, as amended (9442 and 9506
Highway 48 - To delete the subject lands from By-law 304-87, as amended, so
that it may be added to By-law 177-96, as amended, to allow commercial uses).
(Clause 9, Report No. 31, 2005)
BY-LAW 2005-376 A by-law to amend Zoning By-law 177-96, as amended (9426, 9442,
9462 and 9506 Highway 48 - To allow commercial uses).
(Clause 9, Report No. 31, 2005)
CARRIED
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Heath
That Council
recess into In-camera Committee of the Whole to discuss a personnel matter.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE –
cont'd
Moved by Councillor K. Usman
Seconded by Councillor S. Daurio
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:
(6) 2006
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Heritage Markham
That the
following persons be appointed to Heritage Markham for the term ending November 30, 2008:
Judith Dawson representing
Thornhill area
Joyce Nelson-Watt representing
Markham area
Ted Chisholm representing
Unionville area
Elizabeth Plashkes representing
the rural area
And that staff be directed to re-advertise
for one (1) additional position on Heritage Markham to represent the Unionville
area;
And that the Mayor forward a letter to Susan
Casella expressing appreciation for her long term commitment to Heritage
Markham and explaining the Town's policy regarding reappointments;
And that the Mayor forward a response to the
email from the Committee explaining the Town's policy regarding reappointments.
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
10. BY-LAWS – cont'd
Moved by
Councillor S. Daurio
Seconded by
Councillor G. McKelvey
That By-law
2005-377 be given three readings and enacted.
Three Readings
BY-LAW 2005-377 A by-law to confirm the proceedings of the Council meeting of
December 13, 2005.
(Council Meeting No. 1, 2005)
CARRIED
11. ADJOURNMENT
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the meeting do adjourn.
CARRIED
Council adjourned at 2:15 p.m.
__________________________________ ___________________________________
SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)