2004-3-09
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 7
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor K. Usman. (11)
Regrets
Councillor D.
Horchik, Councillor A. Chiu. (2)
Moved by
Councillor J. Webster
Seconded by
Regional Councillor B. O'Donnell
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Project
Synergy Proposed Amalgamation of Markham
Hydro Distribution Inc., Vaughan Hydro Distribution Inc. & Richmond Hill
Hydro Distribution Inc. (13.7)
(2) Markham
District Energy Inc. Information Update (13.7)
(3) In
Camera Items from Development Services Committee: (March 2, 2004)
(4) 1107656
Ontario Inc., Leitchcroft Planning District Official Plan & Zoning By-Law
Amendments, (Op 03 116474 And Za 03 116428) (Op 03 116476 And Za 03 116428),
Saddlecreek Drive, South Park Road & Proposed Townhouse Blocks Fronting
Times Avenue South of Galleria Parkway (10.3, 10.5)
(5) Procedural
By-Law (16.23)
(6) 2004
Advisory Committee/Board Appointments (16.24)
(7) Town
of Markham Public Library Board Composition (3.19 & 16.24)
(8) Markham
Village Library Expansion (3.19, 6.6)
(9) 2004
Capital & Other Programs Budget Pre-Approval (7.4 & 7.5)
(10) 10th
Anniversary Gala of the Richmond Hill & Markham Chinese Business
Association April 17, 2004 - Awards Sponsorship (12.2.6)
CARRIED
The Regular
Meeting of Council was held on March 9, 2004 at 7:10 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 J. Heath, Regional Councillor J.
Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor E.
Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor K. Usman. (11)
Regrets
Councillor D.
Horchik, Councillor A. Chiu. (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
L. Manuel,
Seniors Coordinator
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community and Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Regional Councillor J. Jones
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:
(1) PROJECT
SYNERGY
PROPOSED AMALGAMATION OF
MARKHAM HYDRO DISTRIBUTION
INC.,
VAUGHAN HYDRO DISTRIBUTION
INC. AND
RICHMOND HILL HYDRO
DISTRIBUTION INC. (13.7)
That the report entitled “Project Synergy -
Proposed Amalgamation of Markham Hydro Distribution Inc., Vaughan Hydro
Distribution Inc. and Richmond Hill Hydro Distribution Inc.” be received; and
That the Mayor and Clerk be authorized to
execute a Merger Agreement between the City of Vaughan, the Town of Markham,
Hydro Vaughan Distribution Inc., Markham Energy Corporation, Markham Hydro
Distribution Inc. and Richmond Hill Hydro Inc., and any other documents
required to give effect thereto or close the transaction contemplated by the
Merger Agreement, including a Shareholders Agreement, all in a form
satisfactory to the CAO and the Town Solicitor.
(2) MARKHAM
DISTRICT ENERGY INC.
INFORMATION UPDATE (13.7)
That
the information update and background information regarding Markham District Energy
Inc. provided by Mr. Bruce Ander, President, Markham District Energy Inc., be
received.
(3) IN
CAMERA ITEMS FROM DEVELOPMENT SERVICES COMMITTEE:
(March 2, 2004)
- RE-NAMING
OF MCLAREN PARK (6.3)
That
the staff memorandum dated March 2, 2004, regarding the naming of McLaren Park
be received;
And
that the staff update with respect to the naming of McLaren Park be received;
And
that the letter dated February 20, 2004 from Alan Myers, Treasurer, German
Mills Ratepayers Association, providing an update of events and reinforcing the
support of the German Mills Ratepayers Association for Council to change the
name of the subject park back to "Simonston Park" from "McLaren
Park", be received;
And
that the letter dated March 4, 2004 from Mr. Alan Myers, Treasurer, German
Mills Ratepayers Association, enclosing a photograph of the German Mills
Ratepayers Association executive at "Simonston Park", letters dated
November , 2002 and February 27, 2004 to Councillor E. Shapero in support of
renaming the park "Simonston Park", and a petition in support of the
renaming signed by 181 residents, be received;
And
that a survey be conducted in the community to gather input on the name of the
park with one of the options being to name the original park Simonston Park and
the addition McLaren Park.
- MINUTES OF IN-CAMERA DEVELOPMENT
SERVICES
COMMITTEE MEETING – MARCH 2,
2004 (16.0)
(4) 1107656
ONTARIO INC.,
LEITCHCROFT PLANNING DISTRICT
OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS,
(OP 03 116474 AND ZA 03
116428) (OP 03 116476 AND ZA 03 116428), SADDLECREEK
DRIVE, SOUTH PARK ROAD AND PROPOSED TOWNHOUSE
BLOCKS FRONTING TIMES AVENUE
SOUTH OF GALLERIA PARKWAY
(10.3, 10.5) Weblink
That the
letter dated February 18, 2004 from Kagan Shastri, Barristers & Solicitors,
on behalf of their client 1107656 Ontario Ltd., appealing to the Ontario
Municipal Board their official plan and zoning by-law amendments to permit
1,800 dwelling units, a new 2.2 hectare park and 285,000 sq. ft. of commercial
floor area on blocks 45, 46, 49 and 50 and zoning by-law amendment to permit
at-grade residential in apartment buildings fronting onto Saddlecreek Drive,
South Park Road and proposed townhouse blocks fronting Times Avenue south of
Galleria Parkway; in the Leitchcroft Planning District, be received;
And that the
letter dated March 5, 2004 from Mr. Kagan, on behalf of his client, offering an
explanation for their appeal to the OMB and confirming their commitment to work
with the Town to improve the application, be received.
(5) PROCEDURAL
BY-LAW (16.23) weblink
That By-Law No. 2001-1, “A By-Law to Govern
the Proceedings of Council and Committees of Council” be amended as follows:
1. Amend Section 3.12 “Orders of
the Day” to add “Proclamations” after “Communications”.
2. Delete the wording in Section
3.14 (2) and substitute with the following new wording:
“Where a motion to
defer is moved, the Chair shall request that the motion not be seconded until
the existing speaker’s list has been exhausted.” and
3. Re-number the existing Section
3.14(2) to Section 3.14(3) which reads as follows:
“Where a motion to
adjourn or a motion to defer has been duly moved and seconded, until such
motion has been decided, there shall be no discussion on the subject matter.”
4. Add the following to Section
3.17 subsections d) and e):
“subject to Section 3.14
(2)”.
(6) 2004
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Canada Day
Committee
That the
twelve 12 appointments to the Canada Day Committee for the term expiring
December 31, 2004 be referred to the March 30, 2004 Committee of the Whole
meeting;
Markham
Accessibility Committee
That
appropriate organizations be approached to indicate suitable candidates for
possible appointment to the Markham Accessibility Committee;
Markham
Cemetery Board
That the
following four (4) persons be appointed to the Markham Cemetery Board for a
term expiring November 30, 2006:
Robert Bowman
John Byer
Lorne Smith
Bruce Vanderbent
Markham Conservation Committee
That the four
(4) appointments to the Markham Conservation Committee for a term expiring
November 30, 2006 be referred to the March 30, 2004 Committee of the Whole
meeting;
Markham District Historical Museum Board
That
the following six (6) persons be appointed to the Markham District Historical
Museum Board effective April 1, 2004 for a term expiring as indicated:
John Bayfield term
to expire November 30, 2004
Monica Peel term
to expire November 30, 2004
Randy Barber term
to expire November 30, 2005
Ardy Reid term
to expire November 30, 2005
Simon Gulden term
to expire November 30, 2006
Susan Smitko term
to expire November 30, 2006
James Wicks term
to expire November 30, 2006
Property Standards Committee
That the five
(5) appointments to the Property Standards Committee for the term expiring
November 30, 2006 be referred to the March 30, 2004 Committee of the Whole
meeting;
Race Relations
Committee
That the
resignation of Ashwin de Xavier be accepted with regret and a letter of
appreciation be forwarded.
(7) TOWN
OF MARKHAM PUBLIC
LIBRARY BOARD COMPOSITION
(3.19 & 16.24)
Markham Public Library Board
That the following be approved as the
composition for the Markham Public Library Board:
Number of Council appointments 3
Number of public appointments 9
Number of School Board appointments 0
(8) MARKHAM
VILLAGE LIBRARY EXPANSION
(3.19, 6.6) weblink A B C
That the
report “Markham Village Library Expansion” be received;
And that
consideration of the matter be referred to the March 22, 2004 Finance and
Administrative Committee meeting;
And that, at
that time, staff report on detailed funding alternatives including alternatives
to support Option 3 - expansion to the north with a link to the arena.
(9) 2004
CAPITAL AND OTHER PROGRAMS BUDGET
PRE-APPROVAL (7.4 &
7.5) weblink
That
the report dated March 9, 2004 entitled "2004 Capital and Other Programs
Budget Pre-approval" be received;
And
that Council pre-approve selected projects from the 2004 Capital and Other
Programs Budget totalling $5,129,200 the funding and details of which are
listed in Appendix A attached to the original minutes in the Clerk's office.
(10) 10TH
ANNIVERSARY GALA OF THE RICHMOND HILL
& MARKHAM CHINESE BUSINESS
ASSOCIATION
APRIL 17, 2004 - AWARDS
SPONSORSHIP (12.2.6)
That an
additional $2,700 for an awards sponsorship for the 10th Anniversary Gala of
the Richmond Hill and Markham Chinese Business Association to be held on April
17, 2004, be approved.
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor J. Webster
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING
- FEBRUARY 24, 2004
Moved by
Councillor K. Usman
Seconded by
Councillor J. Webster
That Clause (7), Report No. 9 of the minutes of the Council meeting
held on February 24, 2004 be amended to reflect the name of the ratepayers
group forwarding correspondence dated February 11, 2004 as the
"Leitchcroft Ratepayers Association";
And that the
minutes of the Council meeting held on February 24, 2004 be adopted as amended.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Deputy Mayor F. Scarpitti
That Clause (7), Report No. 9 of the minutes
of the Council meeting held on February 24, 2004 be amended to reflect the name
of the ratepayers group forwarding correspondence dated February 11, 2004 as
the "Leitchcroft Ratepayers Association".
CARRIED
4. PRESENTATIONS
Council
consented to add Presentations (3) & (4).
(1) UNIONVILLE-MILLIKEN
SOCCER CLUB (12.2.6)
Mr. Robert
Ortali, President, Unionville-Milliken Soccer Club, was in attendance with
members of the soccer club and presented a plaque of thanks to Council for its
continued support of soccer.
(2) OLDER
ADULTS IN ACTION PRESENTATION OF CHEQUE (12.2.6)
Ms. Barb
Brown, President, and Ms. Betty Hoover, Treasurer, Older Adults in Action, were
in attendance and presented a cheque in the amount of $22,040 to Council to be
applied against the operating costs of the Water Street Seniors Centre.
(3) 2ND
UNIONVILLE CUBS (12.2.6)
Council welcomed members of the 2nd
Unionville Cubs and their leaders who were present to observe the Council
meeting as part of earning their Blue Star Badge.
(4) DR.
ANN FOWLE MEMORIAL TRIBUTE (12.2.6)
Council advised of the passing of Dr. Ann
Fowle, a Markham resident, and acknowledged her as an important member of the
community dedicated to community, neighbourhood and the environment. It was noted that Dr. Fowle was instrumental
in the Pumona Park and Settlers Park projects.
5. DELEGATIONS
Council
consented to add Delegations (1) & (2).
(1) Charles
Sutherland, President, Options for Homes (York Region) - providing information
regarding a proposed affordable housing development at 90 Old Kennedy Road.
(10.7) (Clause (8) - Item 12, Report No. 13, 2004)
(2) Jeff
Wayne, on behalf of the Markham Skating Club - in support of the request of the
Club for financial assistance for their 2004 ice show. (7.6 & 12.2.6)
(Clause 1, Report No. 12)
6(a) REPORT NO. 11 - TRANSPORTATION COMMITTEE
Council
consented to separate Clauses (2), (3) & (4).
Moved by
Councillor K. Usman
Seconded by
Councillor J. Webster
That Report
No. 11 - Transportation Committee be received and adopted.
February 23, 2004
(1) MARKHAM SAFE STREETS TASK FORCE – UPDATE
(5.12, 16.34)
That the presentation by Mr. A. Brown,
Director, Engineering providing an update on the Markham Safe Streets Task
Force, be received;
And that the
appointment of the appropriate Ward Councillors, and the following persons, to
the Markham Safe Streets Committee, be confirmed:
Mike Curran
Joel Landis
David McBeth
John Cosgrave
Glenn Schaeffer
David Johnston
Randa Issa
Sal Difede
Anna Halkidis
Robert Tremblay
Dan McCowell
Kartika-Sari Listiadji
Sgt. Frank Auld;
And that the
Town of Markham confirm that implementation of the 2003 Traffic-calming Plan is
still ongoing.
CARRIED
(2) REGION OF YORK 2004 AND
10 YEAR CAPITAL PROGRAM
(ROADS AND TRANSIT) (5.10,
5.14) Weblink
That the
Engineering Department’s update on the Region of York 2004 and 10 Year Road and
Transit Capital Program, be received;
And that the
Region of York be requested to review their funding policy for grade separation
of mid-block collectors to incorporate the Birchmount and Rodick structures
with Highway 407, Rouge River and CN;
And that staff
report back on the timing of the Warden Avenue and Hwy 7 road program;
And that the
Region of York be requested not to reduce their overall Transit program, and
instead reallocate the $500,000 from the poor performance routes to other
existing routes;
And that any
GST rebates received by York Region Transit, offset reductions in the 2004
service improvement plan;
And that the
Region of York be requested to give higher priority to intersection
improvements, signal timing and progression as a cost-effective means to
increase road capacity and improve traffic flow;
And that the
Region of York be requested to review its current standards for boulevard
tree-planting and to consult with municipal staff on tree-planting standards
and implementation on Regional Roads to ensure a greater degree of flexibility
to adapt to local conditions;
And that the
Region of York be requested to meet with Regional Councillors and Town staff to
review the above issues and:
- acceleration
of the road program;
- widening
of 16th Avenue (Woodbine to Warden);
- Steeles
Avenue improvements;
- delaying 14th Avenue improvements east of Ninth Line
and 16th Avenue improvements east of
the By-pass; and
- the
coordination of Warden Avenue improvements with YRTP plans;
And that the
Region of York be requested to expediate their streetscape study and finalize
the streetscaping and cross-selection issues.
And that Ms.
R. Burkholder, Markham Board of Trade, Ms. A. Yip, Scarborough/York Chinese
Business Association, and Mr. K. Schipper, Commissioner of Works, Region of
York, be advised accordingly.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Heath
Seconded by
Councillor K. Usman
That Clause (2),
Report No. 11 be amended to delete the following from paragraph 8:
"14th and 16th
Avenue improvements east of Ninth Line; and"
And that the following be substituted
therefor:
"delaying 14th Avenue improvements
east of Ninth Line and 16th Avenue
improvements east of the By-pass; and".
CARRIED
(3) NEIGHBOURHOOD TRANSPORTATION COMMITTEE
2004 PROJECTS - BUDGET AND
RESOURCE IMPACT (5.12) Weblink
That the
Neighbourhood Transportation Committee 2004 programme be deferred pending the
outcome of the Markham Safe Streets Task Force;
And that the developer funded projects on Highglen Avenue and Delmark
Boulevard proceed using outside consultants, if necessary.
CARRIED AS AMENDED
(See following motion to amend)
Moved by
Councillor J. Webster
Seconded by
Councillor K. Usman
That Clause (3),
Report No. 11 be amended to add the following paragraph:
"And that the developer funded projects on Highglen Avenue and
Delmark Boulevard proceed using outside consultants, if necessary."
CARRIED
(4) ANTIWHISTLING - REGIONAL AND
TORONTO ROAD
INTERSECTIONS (5.13) Weblink
That the
Region of York and City of Toronto be requested to issue letters authorizing
the Town to undertake the safety audits for rail crossings on Regional and
Toronto arterials along the Uxbridge Line;
And that the
Town of Markham upfront costs to undertake safety audits to eliminate whistling
at Regional and Toronto crossings along the Uxbridge Line from Major Mackenzie
Drive to Steeles Avenue subject to receipt of letters of authorization from the Region of York and City of
Toronto;
And that staff
report back with the estimated capital costs to implement the safety measures
for the crossings along the Uxbridge Line from Major Mackenzie Drive to Steeles
Avenue;
And
that the Region of York and City of Toronto be requested to reimburse the Town
of Markham for the safety audit costs.
CARRIED
(5) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF TRANSPORTATION
COMMITTEE MEETING – FEBRUARY
23, 2004 (16.0)
CARRIED
6(b) REPORT NO. 12 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clause (1).
Moved by
Councillor S. Daurio
Seconded by
Deputy Mayor F. Scarpitti
That Report
No. 12 - Finance & Administrative Committee be received and adopted.
March 1, 2004
(1) REQUEST FOR FINANCIAL ASSISTANCE
MARKHAM SKATING CLUB (7.6
& 12.2.6)
That
Council receive the request for financial assistance from the Markham Skating
Club;
And that the request for financial assistance
be referred to staff for a report on an interest free loan to the Markham
Skating Club with the assistance of the two area Councillors.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion to amend which was
Lost)
Moved by Regional Councillor J. Heath
Seconded by Councillor G. McKelvey
That Clause (1), Report No. 12 be amended to
delete the second paragraph in its entirety and to add the following paragraph:
"And
that the request for financial assistance be referred to staff for a report on
an interest free loan to the Markham Skating Club with the assistance of the
two area Councillors."
CARRIED
Moved by Councillor G. McKelvey
Seconded by Councillor J. Webster
That Clause (1), Report No. 12 be amended to
add the following paragraph:
"And that, on the recommendation of staff, a substantial grant to
the Markham Skating Club be approved."
LOST
(2) PURCHASE OF SPONSORSHIP - YORK REGION
POLICE
3RD ANNUAL TARTAN GALA,
FRIDAY, APRIL 16, 2004
(12.2.6 & 13.4.10) Weblink
That
Council purchase tickets for Councillors wishing to attend the York Region
Police Pipes and Drums 3rd Annual "Tartan" Gala, Friday, April 16,
2004. Event to be held at Hollywood
Princess Meeting, Convention & Banquet Centre, 2800 Highway #7 West,
Vaughan.
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – MARCH 1,
2004 (16.0)
CARRIED
6(c) REPORT NO. 13 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (4)
& (8).
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Report No. 13 - Development Services
Committee be received and adopted.
March 2, 2004
(1) FINAL ASSUMPTION, RESIDENTIAL PLANS OF
SUBDIVISION (10.7)
Whereas, by
Memorandum dated October 30, 2003 the Director of Engineering advised that the
guarantee periods for Registered Plans 65M-2073, 65M-2964, 65M-2965, 65M-2900,
65M-2443, 65M-3142, 65M-2951, 65M-2352 and 65M-3177 have expired and all
securities have been returned to the owners;
Now therefore
be it resolved:
That the
services in the following subdivisions be assumed:
434023 Ontario
Limited 65M-2073
Sixteenth
Warden Limited 65M-2964
and 65M-2965
Bramalea
Limited 65M-2900
Inventure
Developments Incorporated 65M-2443
Unionville
Woods Limited 65M-3142
Monarch
Construction Limited 65M-2951
Rust
Developments Ltd. 65M-2352
Baystore
Developments Inc. 65M-3177;
And that the
Mayor and Clerk be authorized to execute the necessary releases from the terms
of the subdivision agreements;
And further
that the necessary by-laws be enacted to establish roads within the
subdivisions as part of the highways of the Town of Markham.
(By-laws
2004-47 to 2004-54)
(2) 1473092 ONTARIO LTD., METRUS DEVELOPMENT
INC.
UP-FRONTING OF THE DESIGN AND
CONSTRUCTION
OF A NEIGHBOURHOOD PARK IN
UPPER CORNELL (6.3) Weblink
That the
report dated March 2, 2004, to Development Services Committee, entitled
“Up-fronting of the Design and Construction of a Neighbourhood Park by 1473092
Ontario Ltd. in Metrus Development Inc.’s Upper Cornell” be received;
And that
Council approve the request by 1473092 Ontario Ltd. to up-front the cost of
design, construction and contract administration of the 4.72 acre neighbourhood
park in Upper Cornell (Cornell Phase 6) subject to the following conditions:
- That
1473092 Ontario Ltd. up-front the cost of the design, construction and
contract administration of the neighbourhood park to minimum value of
$95,000.00 per acre which totals approximately $448,400.00 inclusive of
all applicable taxes;
- That,
subject to compliance with these terms and conditions, the Town of Markham
reimburse 1473092 Ontario Ltd. up to $448,400.00 towards this project from
development charges for park development under the understanding that
1473092 Ontario Ltd. may contribute additional funds, which will not be
reimbursable by the Town, towards the development of this park;
- That
the Town reimburse 1473092 Ontario Ltd. for invoices paid on a single lump
sum basis for all approved costs associated with the design, construction
and contract administration, including all applicable taxes, of the
neighbourhood park up to a maximum of $448,400.00, less the 10% holdback
to be released to them upon final assumption of the park by the Town,
after sufficient Development Charges for park development have been
collected (90% of a maximum of $448,400) at the building permit stage for
residential lots within the Cornell Community to warrant repayment in full
to the maximum allowable. No interest on such invoices shall be payable by
the Town;
- That
owners / developers within the Cornell Community, including 1473092
Ontario Ltd. not receive any credit towards park development charges and
continue to pay the park development charge at the building permit stage
for all present and future development phases of subdivisions within the
Cornell Community;
- That
1473092 Ontario Ltd. hire a landscape architect who is a full member of
the OALA, and approved by the Town, to provide professional design,
contract document, and contract administration services to the
satisfaction of the Town;
- That
1473092 Ontario Ltd. conform with the Town’s standard park and open space
approval process which includes development of several design concepts,
holding community input meetings, presentation to selected Standing and
Advisory Committees, as well as review and approval by the Planning and
Urban Design Department in consultation with the Parks Operations
Department. This process will also be informed by the Town’s on-going
Recreation Master Plan Update Study which will establish park facility
requirements and priorities;
- That
1473092 Ontario Ltd. agree to the deferral of the design approval of all
other parkettes and urban open spaces within Upper Cornell so that these
elements can be designed, reviewed and approved in a coordinated manner
with the design of this park. The construction of these specific elements,
prior to the Town assuming the subdivision, are an obligation of 1473092
Ontario Ltd. as set out within the subdivision agreement;
- That
1473092 Ontario Ltd. tender out the construction of the park works in
accordance with Markham’s Purchasing By-law, including a minimum of three
bidders to the satisfaction of the Town and a 2 year detailed maintenance
contract for the park to the Town’s satisfaction as part of the tendered
works. Costs for the 2 year maintenance contract are the responsibility of
1473092 Ontario Ltd.;
- That,
notwithstanding the requirements noted above in Condition (8), 1473092
Ontario Ltd. shall also maintain the park to Town standards, from the time
that it is built until such time as the park would normally have been
built in accordance with the Town’s park development strategy for Cornell
(which normally coincides with the time when sufficient Development
Charges for park development have been collected within the Cornell
Community to warrant starting park construction). The Town will not reimburse
1473092 Ontario Ltd. for costs associated with this additional maintenance
obligation for the park;
- That
this park be included in the Urban Design, Development Services
Commission, 2005 Capital Budget submission;
- That
these terms and conditions be included in the Subdivision Agreement for
this draft plan.
(3) WYKLAND ESTATES INC., CORNELL COMMUNITY
UP-FRONTING OF THE DESIGN AND
CONSTRUCTION
OF TWO PARKS IN AREA 2 AND 3,
PHASE 1 (6.3) Weblink
That the
report dated March 2, 2004, to Development Services Committee, entitled “"Up-fronting of the
Design and Construction of Two Parks by Wykland Estates Inc. in Area 2 and 3,
Phase 1 within the Cornell Community” be received;
And that
Council approve the request by Wykland Estates Inc. to up-front the cost of
design, construction and contract administration of two parks (Blocks 344 and
342) in Area 2 and 3, Phase 1 within the Cornell Community, subject to the
following conditions:
1. That Wykland
Estates Inc. up-front the cost of the design, construction and
contract administration of two parks (totalling 2.995 acres in area) to a
minimum value of $95,000.00 per acre which totals approximately $284,525.00
inclusive of all applicable taxes;
2. That, subject to compliance with these terms and conditions, the
Town of Markham reimburse Wykland Estates Inc. up to $284,525.00 towards this
project from development charges for park development under the understanding
that Wykland
Estates Inc. may contribute additional funds, which will not be reimbursed by the Town, towards the
development of these parks;
3. That the Town reimburse Wykland Estates Inc. for invoices paid on a
single lump sum basis for all approved costs associated with the design,
construction and contract administration, including all applicable taxes, of
these parks up to a maximum of $284,525.00, less the 10% holdback to be
released to them upon final assumption of the park by the Town, after
sufficient Development Charges for park development have been collected (90% of
a maximum of $284,525) at the building permit stage for residential lots within
the Cornell Community to warrant repayment in full to the maximum allowable. No
interest on such invoices shall be payable by the Town;
4. That owners / developers within the Cornell Community, including Wykland Estates Inc. not
receive any credit towards park development charges and continue
to pay the park development charge at the building permit stage for all present
and future development phases of subdivisions within the Cornell Community;
5. That Wykland
Estates Inc. hire a landscape architect who is a full member of
the OALA, and approved by the Town, to provide professional design, contract
document, and contract administration services to the satisfaction of the Town;
6. That Wykland
Estates Inc. conform with the Town’s standard park and open space
approval process which includes development of several design concepts, holding
community input meetings, presentation to selected Standing and Advisory
Committees, as well as review and approval by the Planning and Urban Design
Department in consultation with the Parks Operations Department. This process will
also be informed by the Town’s on-going Recreation Master Plan Update Study
which will establish park facility requirements and priorities;
7. That Wykland
Estates Inc. agree to the deferral of the design approval of all
other parkettes and urban open spaces within Area 2 and 3, Phase 1, so that
these elements can be designed, reviewed and approved in a coordinated manner
with the design of these two parks that are the subject of this report. The
construction of these specific elements prior to the Town assuming the
subdivision, are an obligation of Wykland Estates Inc. as set out within the
subdivision agreement;
8. That Wykland
Estates Inc. tender out the construction of the park works in
accordance with Markham’s Purchasing By-law, including a minimum of three
bidders to the satisfaction of the Town and a 2 year detailed maintenance
contract for the parks to the Town’s satisfaction as part of the tendered works
the cost of which is the responsibility of Wykland Estates Inc.;
9. That, notwithstanding the requirements of Condition (8) above, Wykland Estates Inc. shall
also maintain these parks to Town standards, from the time that it is built,
until such time as the park would normally have been built in accordance with
the Town’s park development strategy for Cornell (which normally coincides with
the time when sufficient Development Charges for park development have been
collected within the Cornell Community to warrant starting park construction).
The Town will not reimburse Wykland Estates Inc. for costs associated with
this additional maintenance obligation for these parks;
10. That this park be included in the Urban Design, Development Services
Commission, 2005 Capital Budget submission;
11. That these terms and conditions be included in the Subdivision
Agreement for this draft plan.
CARRIED
(4) NEW PLANNING REFORMS (BILL 26) AND
GREENBELT PROTECTION (BILL 27)
(10.0, 13.2) Weblink
That the staff report entitled
“New Planning Reforms (Bill 26) and Greenbelt Protection (Bill 27)”, dated
March 2, 2004, be received for information;
And that Council support, in principle, the proposed planning reform
and greenbelt protection legislation as an important component of the new
initiative of the provincial government to create a growth management vision,
in consultation with municipalities;
And that
Council support the establishment of public and stakeholder consultations on
the proposed legislation, and specifically request the provincial government
and the Greenbelt Task Force to invite the Town of Markham to actively
participate in future workshops related to
·
proposed planning
and Ontario Municipal Board reforms;
·
the scope,
content and implementation of a proposed future greenbelt;
·
the growth
management strategy and implementation framework for the Central Ontario Zone;
and
·
the five year
review of the Provincial Policy Statement;
And that Council request the provincial government and the Greenbelt Task
Force to support an exemption for OPA No. 113 on the basis that Markham has
been practicing comprehensive settlement planning, including specific attention
to environmental issues, consistent with the current Provincial Policy Statement
and the requirements of the Region of York Official Plan;
And that Council reiterate its request to the
provincial government for comments on the Eastern Markham Strategic Review
within the context of the Greenbelt Study;
And that Council urge the provincial government to expedite an
integrated provincial growth management strategy for the Central Ontario Zone
including its approach to Greenbelt Protection in the Golden Horseshoe and
related revisions to the Provincial Policy Statement;
And that Council urge the provincial government to
address the following municipal issues as they relate to the proposed
legislation and the new growth management vision:
(a)
to provide a stronger Provincial Policy Statement assuring greater
clarity regarding the relationship and priority amongst policies and more
guidance on interpretation;
(b) to further amend the Planning Act to include a definition of a
“complete application” enabling municipalities to make more timely planning
decisions based on complete information;
(c)
to include
provisions in the legislation to determine when a provincial interest is
affected in order to avoid uncertainty relating to the
application/interpretation of matters of provincial interest;
(d) to further restrict the powers of the Ontario Municipal Board to only review local decisions based on a
prescribed standard of review and/or a failure
of process, or matters that involve a clear provincial interest;
(e)
to achieve
consistency in the definition of “Urban Settlement Area” as it applies to Bill
26, Bill 27 and the Provincial Policy Statement;
(f)
to amend Bill 124
to delete the proposed amendment to Section 41 of the Planning Act as it is
contrary to the stated intent of Bill 26;
(g)
to further amend
the Planning Act to broaden the powers of Section 41 to provide municipalities
with greater control over community built form and urban design, where a
municipality has prescribed urban design standards articulated through its
Official Plan, and planning approvals processes, by:
(i)
introducing
authority under Subsection (4) for a council of a municipality to approve plans
and drawings addressing the colour, texture and type of material, window
treatment, and construction and architectural details of a proposed
development; and
(ii)
eliminating the current OMB appeal mechanism;
(h) to
further amend the Planning Act to broaden the powers of Section 51 to
strengthen a municipality’s capability to conserve cultural heritage resources
and their incorporation into developing communities by introducing a new
criterion in Subsection (24) to include “conservation of cultural heritage
resources”;
And that Council
endorse the attached report and submit it to the Province as the Town of
Markham comments on Environmental Bill of Rights Registry Nos. AF03E0001 and
AF03E002;
And that the Clerk
forward a copy of this report to the Premier, the Minister of Municipal
Affairs, the Minister of Public Infrastructure Renewal, York Region MPPs, the Association of
Municipalities of Ontario, the Region of York and the Chair of the GTA Task Force
on OMB Reform.
CARRIED
(5) RETENTION OF A CONSULTANT
- 2004 MARKHAM CENTRE (10.8) Weblink
That the
report entitled “Retention of a
Consultant - 2004 Markham Centre Communications Strategy and Plan”
dated March 2, 2004 be received;
And that Town
staff be authorized to proceed with a Request for Proposal (RFP) to engage a
communications consultant to develop and implement a Markham Centre
Communications Strategy and Plan;
And that
funding for this project, to an upset limit of $135,000.00 inclusive of GST, be
subject to approval by Council of allocation in the 2004 Capital Budget;
And that
subject to Budget approval, the CAO be
authorized to award a contract to the successful proponent identified according
to the evaluation process in the RFP document for an amount not to exceed the
allocation to be approved in the 2004 Capital Budget.
(6) WYKLAND ESTATES INC. (MATTAMY
DEVELOPMENT CORP.)
5616 SIXTEENTH AVENUE, PHASE 1, WISMER COMMONS
PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING BY-LAW
(SU 03-113679 (19TM-030008) ZA
03-113693) (10.5, 10.7) Weblink
That the Record of Public Meeting held on August 25,
2003, regarding the proposed draft plan of subdivision and zoning by-law
amendment applications (SU 03 113679 & ZA 03 117946) submitted by Wykland Estates Inc. be
received;
And that the first phase (145 units) of draft plan of subdivision
19TM-030008 (SU 03 113679) located on the north side of Sixteenth Avenue, west
of Highway 48, proposed by Wykland Estates Inc. be draft approved, subject to
the plan of subdivision being red-lined to delete residential Block 71 and
Buffer Block M and incorporate these lands in to the Stormwater Management
Block G, and subject to the conditions outlined in Appendix ‘A’ (attached to
the original minutes on file in the office of the Clerk) as amended by the revision of Clause 10.5
and the addition of a new clause:
10.5 The Owner covenants and agrees to install traffic signals at 16th
Avenue and Roy Rainey Avenue an agreed schedule with the Region of York and the
Department of Engineering. The Owner shall upfront the costs in accordance with
the Region of York Traffic Signal Warrant Policy, October 2, 2002, and seeks
reimbursement from the Region;
New Clause:
7.18 The Owner covenants and agrees to install the sidewalk on 16th
Avenue from the west limit of the subdivision to Mingay Avenue by October 2004.
The Town agrees to provide a Development Charge credit in the subdivision
agreement for this work. The sidewalks on Roy Rainey Drive are to be built at
the same time as the street.
And that zoning application (ZA 03 113693) to amend By-laws 304-87, as
amended, and 177-96, as amended, submitted by Wykland Estates Inc., for lands located on the north side of
Sixteenth Avenue, west of Highway 48, be approved and the implementing Zoning
By-laws attached as Appendix ‘B’ (attached to the staff report dated March 2,
2004) be enacted;
And that the
applicant provide to the Town the 30% payment of the required subdivision
processing fees in accordance with the Town’s Fee By-law (By-law 170-2000);
And that water
supply allocation for 145 units be granted to Wykland Estates Inc. subject to
written confirmation from the Trustee of the Wismer Commons Developers’ Group
that water supply has been made available from the total allocation granted to
the Wismer Commons Community by the Town;
And that the
Town reserves the right to revoke or reallocate water supply allocation should
the development not proceed in a timely manner;
And that
registration of Wykland Estates Inc. 19TM-030008 Phase 1 in respect to interim
sanitary capacity and sewage allocation and water supply be subject to
conditions listed in this report;
That the
Wismer Commons Development Phasing Plan be updated to reflect the revision to
the phasing of development as outlined in this report, and further;
That the
Region of York be advised of the sewage and water supply allocation for this
development.
(By-laws
2004-55 and 2004-56)
(7) DANVEST WISMER INV. LTD./DOVCOM REALTY
INC.
43 TO 81 OMEGA STREET &
272 TO 310 ROY RAINEY AVENUE
BLOCKS 67 TO 72, PLAN
65M-3613, WISMER COMMONS COMMUNITY
ZONING AMENDMENT
(ZA.03-117946) (10.5) Weblink
That the Record of Public Meeting held on January 20,
2004, regarding the proposed zoning by-law amendment application (ZA 03 117946)
submitted by Danvest Wismer Inv. Ltd./Dovcom Realty Inc. to reduce the minimum width of unenclosed parking spaces
for Blocks 67 to 72, Plan 65M-3613, be received;
And that the application (ZA 03 117946) to amend zoning
by-law 177-96, submitted by Danvest Wismer Inv. Ltd./Dovcom Realty Inc. be
approved and the implementing by-law, set out in Appendix ‘A’ (attached to the
staff report dated March 4, 2004) be enacted.
(By-law
2004-57)
(8) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – MARCH 2,
2004 (16.0)
CARRIED
6(d) REPORT NO. 14 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council
consented to add Report No. 14 - Community Services & Environment
Committee.
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor J. Virgilio
That Report
No. 14 - Community Services & Environment Committee be received and
adopted.
March 8, 2004
(1) SPRING AND YEAR-ROUND
LOAD RESTRICTIONS
FOR THE TOWN OF MARKHAM’S ROAD
NETWORK (5.12) Weblink1
2
That the report titled “Spring And Year Round
Load Restrictions For The Town Of Markham’s Road Network” be received;
And that the gross weight of commercial
vehicles be restricted to five (5) tonnes per axle on all public highways under
the jurisdiction of the Town of Markham, from March 1, 2004 to April 30, 2004,
according to By-law No. 2004-60;
And that should adverse spring thaw conditions
be encountered due to a harsh winter, at the discretion of the Director of
Operations and Asset Management, the load restrictions be extended up to May
31, 2004 (up to four weeks);
And that the gross vehicle weight of commercial
vehicles be restricted to five (5) tonnes per axle for the hard surfaced Town
roads listed in By-law No. 2004-61, from March 1, 2004 to February 28, 2005;
And that according to the Highway Traffic Act
Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of
the municipality and school busses;
And that the Director of Operations and Asset
Management be authorized to grant exemptions to the By-law to permit heavy
vehicular loads, at his discretion.
(By-laws 2004-60 and
2004-61)
CARRIED
7. MOTIONS
Council
consented to add Motion (1).
(1) MARKHAM
COMMUNITY HOMES (10.7)
Moved by Regional Councillor J. Jones
Seconded by Deputy Mayor F. Scarpitti
That the Town of Markham accept partial payment of the Development
Services processing fees for the proposed Markham Community Homes project in
the amount of $5,000 and defer the remaining Development Services processing
fees in the amount of $47,000 until such time as the final staff recommendation
is presented for consideration. (Clause (8) - Item 12, Report No. 13, 2004)
CARRIED
(2/3rd vote to consider was
required and obtained)
8. COMMUNICATIONS
Council
consented to add proclamation of "Young Scientist Month" to Communication
No. 36-2004 and to add Communication No. 39, 2004.
Moved by
Regional Councillor B. O'Donnell
Seconded by
Councillor K. Usman
That Council
receive and consent to the disposition of communications in the following
manner:
Received
35-2004 City
of Sarnia - Requesting endorsement of their resolution with respect to the Gas
Tax Rebate. (13.5.2)
Referred to all Members of
Council
36-2004 Proclamations
- March
26, 2004 - International Day. (3.4)
- March, 2004 -
Young Scientist Month. (3.4)
Referred to Commissioner of
Development Services & Town Solicitor
37-2004 Ontario
Municipal Board - Advising of the settlement hearing that was to be held by
telephone conference on February 25, 2004 for the appeal submitted by Nicola
Giuditta Villanti, Ubaldo & Yolanda Giordani, and Li Ying Cai & Chun
Lim Xu. The appeal is against the draft
plan of subdivision proposed by Chiavatti, Kakalteris, Paraskevakos, Panaci and
Garritano for lands located east of Kennedy Road and north of Helen Avenue
(By-laws 2001-267 and 2001-268). (13.13, 10.5 & 10.7)
38-2004 Ontario
Municipal Board - Advising of receipt of the appeal submitted by Mr. Ira T.
Kagan, 1107656 Ontario Ltd. against the proposed Official Plan Amendment for
Blocks 41 to 46, 49 and 50, Registered Plan 65M-3226, Part of Lot 10,
Concession 2. (13.13)
Referred to Commissioner of Development
Services
39-2004 Charles
Sutherland, President, Options for Homes (York Region) - Forwarding information
regarding a proposed affordable housing development at 90 Old Kennedy Road.
(10.7) (Clause (8) - Item 12, Report No. 13, 2004)
CARRIED
9. BY-LAWS
Council
consented to add By-laws 2004-60 and 2004-61.
Moved by
Regional Councillor J. Heath
Seconded by
Councillor K. Usman
That By-laws
2004-46 to 2004-61 be given three readings and enacted.
Three Readings
BY-LAW 2004-46 A by-law to amend By-law No. 2001-1, being a by-law to govern
the proceedings of Council and Committees of Council (Deferral/Referral and
Proclamation).
(Committee of the Whole Motion - March 9, 2004)
BY-LAW 2004-47 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2073 as public highway (434023 Ontario Limited), Part of Lot 9,
Concession 3 - Lanark Road and Cochrane Drive.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-48 A by-law to establish streets laid out according to Plans of
Subdivision 65M-2964 (White Lotus Circle, Village Gate Drive, Plum Tree Circle,
Calvert Road) and 65M-2965 (Calvert Road, Macrill Road) as public highway
(Sixteenth Warden Limited), Part of Lots 16 and 17, Concession 4.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-49 A by-law to establish streets laid out according to Plans of
Subdivision 65M-2900 as public highway (Bramalea Limited), Part of Lot 13,
Concession 5 - Webber Crescent, Milford Lane, Guildford Circle, Heimsley
Crescent and Turnberry Crescent.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-50 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2443 as public highway (Inventure Developments Incorporated),
Part of Lots 99 and 100, Plan 2366 - Hunt Club Court.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-51 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3142 as public highway (Unionville Woods Limited), Part of Lot
10, Concession 6 - Meadowbrook Lane.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-52 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2951 as public highway (Monarch Construction Limited), Part of
Lot 2, Concession 6 - Gillingham Avenue, Hertford Crescent, Devonshire Avenue
and Hillcroft Drive.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-53 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2352 as public highway (Rust Development Ltd.), Part of Lot 3,
Concession 6 - Denison Street, Jaffray Road, Hillcroft Drive and Devonshire
Avenue.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-54 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3177 as public highway (Baystore Developments Ltd.), Part of
Southwest Part of East Half of Lot 16 and Part of Northwest Part of East Half
of Lot 16 and Part of East Part of East Half of Lot 16, Concession 6 - Trail
Ridge Lane, Briar Path Lane, Twin Oaks Drive and Lane.
(Clause 1, Report No. 13, 2004)
BY-LAW 2004-55 A by-law to amend Zoning By-law 304-87, as amended (Wykland
Estates Inc. (Mattamy Development Corporation), 5616 Sixteenth Avenue, Phase 1
- To delete the lands from By-law 304-87, as amended, so that it may be
incorporated into By-law 177-96, as amended to permit the development of a draft approved
plan of subdivision comprising approximately 145 single detached and
semi-detached dwellings.)
(Clause 6, Report No. 13, 2004)
BY-LAW 2004-56 A by-law to amend Zoning By-law 177-96, as amended (Wykland
Estates Inc. (Mattamy Development Corporation), 5616 Sixteenth Avenue, Phase 1
- To permit
the development of a draft approved plan of subdivision comprising
approximately 145 single detached and semi-detached dwellings.)
(Clause 6, Report No. 13, 2004)
BY-LAW 2004-57 A by-law to amend Zoning By-law 177-96, as amended (Danvest
Wismer Investment Ltd./Dovcom Realty Inc., 43 to 81 Omega Street and 272 to 310
Roy Rainey Avenue, Blocks 67 to 72, Plan 65M-3613 - To reduce the minimum
parking space width for selected blocks within Registered Plan 65M-3613 Wismer
Commons from 2.75 metres to 2.68 metres.
(Clause 7, Report No. 13, 2004)
BY-LAW 2004-58 A by-law to amend Zoning By-law 177-96, as amended
(Mach-a-Laben Holding Inc., Wismer Commons, Lots 115 to 117, Plan 65M-3494,
Part of Lot 16, Concession 7 - To remove the (H) Hold provision.)
BY-LAW 2004-59 A by-law to confirm the proceedings of the Council meeting of
March 9, 2004.
(Council Meeting No. 7, 2004)
BY-LAW 2004-60 A by-law to provide for the load restriction limiting loads to
5 tonnes per axle on all public highways under the jurisdiction of the Town of
Markham from March 1, 2004 to April 30, 2004, and extended up to May 31, 2004.
(Clause 1, Report No. 14, 2004)
BY-LAW 2004-61 A by-law to provide for the year-round load restriction
limiting loads to 5 tonnes per axle on all rural roads in the Town of Markham
from March 1, 2004 to February 28, 2005.
(Clause 1, Report No. 14, 2004)
CARRIED
10. ADJOURNMENT
Moved by
Councillor K. Usman
Seconded by
Councillor J. Webster
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:30 p.m.
___________________________________ ___________________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)