2003-01-14
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 3
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor T. Wong, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Heath, Councillor
D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
Regrets
Regional
Councillor G. Landon (1)
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) Markham District Energy Inc. 2003
Business Plan and Budget (13.7)
(2) Election Contribution Rebates for
Residents (14.0)
(3) Delegations to Council/Committee (16.0)
(4) Short Term Financial Assistance Proposal
- Markham Jazz Festival (7.6)
(5) Advisory Committee Appointments (16.24)
(6) Centralized Fire
Dispatch (7.15)
CARRIED
The Regular
Meeting of Council was held on January 14, 2003 at 7:00 p.m. in the Council
Chamber, Civic Centre. Mayor D. Cousens
presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Regional Councillor T. Wong, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Heath, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (11)
Regrets
Deputy Mayor
F. Scarpitti, Regional Councillor G. Landon. (2)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development
Services
S. Birrell,
Town Clerk
B. Cribbett,
Treasurer
P. Loukes,
Director of Operations & Asset Management
J. Mascarin,
Acting Town Solicitor
P. Miller,
Acting Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire
Services
M. Scott,
Executive Coordinator
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
None declared.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor K. Usman
Seconded by
Councillor J. Virgilio
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Council
consented to separate Clause 2.
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) MARKHAM
DISTRICT ENERGY INC.
2003 BUSINESS PLAN AND BUDGET
(13.7)
That the presentation by Mr. Bruce Ander, President, Markham District
Energy Inc., regarding highlights of the 2003 business plan and budget as
approved by the Markham District Energy Inc. Board of Directors, be received;
And that the recommendations from the Markham District Energy Inc.
Board of Directors, be referred to staff for a report on the potential
financial impact to be brought forward to the January 20, 2003 Finance and
Administrative Committee meeting, if possible, or the January 28, 2003
Committee of the Whole meeting:
(2) ELECTION
CONTRIBUTION REBATES
FOR RESIDENTS (14.0)
That the report of the Town Clerk entitled
"Election Contribution Rebates for Residents", dated December 2,
2002, be received;
And that the Town of Markham adopt an
Election Contribution Rebate Program that will provide for:
a) a
75% election contribution rebate on net contributions to qualified candidates
in the 2003 Markham municipal elections; and
b) the
maximum allowable rebate will be $75.00 per individual regardless of the total
amount contributed or the number of candidates to whom he/she has contributed;
and
c) contributions
of $100.00 or more from residents of Ontario will be eligible for the rebate.
CARRIED
(See following
recorded vote) (6:5)
YEAS: Regional
Councillor T. Wong, Councillor E. Shapero, Councillor J. Virgilio, Councillor
J. Heath, Councillor K. Usman, Councillor A. Chiu. (6)
NAYS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
G. McKelvey, Councillor D. Horchik. (5)
ABSENT: Deputy
Mayor F. Scarpitti, Regional Councillor G. Landon. (2)
(3) DELEGATIONS
TO COUNCIL/COMMITTEE (16.0)
That the report dated January 14, 2003 from the Town Clerk entitled
"Delegations to Council/Committee", be received;
And that consideration of proposed amendments to the Town of Markham
Procedural By-law with respect to delegations to Council/Committee be referred
to the Finance and Administrative Committee.
(4) SHORT
TERM FINANCIAL ASSISTANCE PROPOSAL
FOR MARKHAM JAZZ FESTIVAL
(7.6)
That the report from the Treasurer, dated January 14, 2003, regarding
the short term financial assistance proposal for the Markham Jazz Festival, be
received;
And that Council approve a loan of $15,000 to the Markham Jazz
Festival, with $10,000 due to the Town of Markham on September 30, 2003 and the
balance of $5,000 due to the Town of Markham on September 30, 2004;
And that the loan be secured by the Markham Jazz Festival accounts
receivable;
And that the Mayor and Clerk be authorized to execute a loan agreement
with the Markham Jazz Festival.
(5) ADVISORY
COMMITTEE APPOINTMENTS (16.24)
Cedar Grove Community Centre Board
That the following appointments to the Cedar Grove Community Centre
Board be confirmed:
Murray Reesor term
to expire December 31, 2003
Rick Lapp term
to expire December 31, 2003
Robert Lapp term
to expire December 31, 2003
Paul Reesor term
to expire December 31, 2003
Graeme Weston term
to expire December 31, 2003;
Main Street Markham Committee
And that the following person be
appointed to the Main Street Markham Committee:
Corina Sallaberger duration
of mandate
Markham Race Relations Committee
And that the resignation of Anna
Searles from the Markham Race Relations Committee be accepted, with regret and
a letter of appreciation be forwarded.
(6) CENTRALIZED
FIRE DISPATCH (7.15)
WHEREAS at its meeting on November 21, 2002
the Region adopted Report No. 4 of the Regional Fire Services Committee with
regard to Centralized Fire Communications;
AND WHEREAS a copy of Clause No. 1 of Report
No. 4 regarding Centralized Fire Dispatch was distributed to the area
municipalities for input;
AND WHEREAS the Regional report was of a
preliminary nature and does not identify any benefits to Markham from a cost,
service level or labour relations perspective as a potential subscriber;
AND WHEREAS the Town of Markham involvement in a Centralized Fire
Dispatch arrangement is contingent upon certain conditions;
AND WHEREAS those conditions are that service
will be provided at a cost less than currently exists for Markham, at a service
level equal to or greater than is presently offered and that labour peace is
maintained;
AND WHEREAS the Regional report does not
adequately address Markham’s concerns of what benefits exist for Markham and
what advancements in technology and service provisions may be forthcoming;
IT IS RECOMMENDED that the Region be made
aware that Markham reiterates it’s concern about having Markham’s conditions
met and insists on having enough time to review any future reports regarding
the centralizing of the fire dispatch function prior to decisions being made
with regard to this service.
Moved by Councillor S. Daurio
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MEETING
- DECEMBER 10, 2002
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That the
Minutes of the Council Meeting held on December 10, 2002, be adopted.
CARRIED
4. PRESENTATIONS
(1) MONICA
AUERBACH
- TRANSITIONAL
& SUPPORTIVE HOUSING SERVICES
OF YORK REGION (12.2.6)
Ms. Monica Auerbach, Executive Director, and Mr. Brad Rye, President,
Transitional and Supportive Housing Services of York Region, were in attendance
and presented information about the agency and its current and planned projects
to meet the needs of homeless families and youth in York Region.
Ms.
Monica Auerbach, Executive Director, Transition and Supportive Housing Services
of York Region, was in attendance to present information about the agency and
its projects to meet the needs of homeless families and youth in York Region.
(2) STRATEGY,
INNOVATION AND
PARTNERSHIPS COMMISSION
(16.23)
Mayor Cousens
announced the creation of the new Strategy, Innovation and Partnerships
Commission. This new commission will
embrace strategic planning, organizational performance, innovation in
delivering quality services and intergovernmental issues and will manage corporate-wide
special projects. Mary-Frances Turner
has been appointed the Commissioner and the areas of Corporate Communications
and Economic Development will report through this new commission.
Congratulations
were extended on the appointment of Mary-Frances Turner and to Jim Baird as
Commissioner of Development Services and to Val Shuttleworth as Director of
Planning.
5. DELEGATIONS
(1) Mr. Mario D'Amico, 414
Raymerville Drive will be in attendance to request Council to install a 4-way
stop sign at Raymerville Drive & Crandall Drive. (Motion 2) (5.12)
(By-law 2003-15)
(2) Karl Winterstein,
representing the Canadian Racing Pigeon Union and Mr. Peter Kuo, in support of
the exemption to permit the keeping of racing pigeons in the Town of Markham
and expressing some concern regarding the restriction on numbers. (Report 5,
Clause 6) (8.0, 2.0)
(3) Glenn Baron requesting
that the name of the street being proposed by Abidien Inc., South Unionville,
(19TM-98005) be changed to "Dodds Gate" (Report 6, Clause 1) (10.14)
(4) Peter D'souze in
opposition to the application by Barwin Limited Partnership to permit a
restaurant use at 55 Harvest Moon Drive and submitting a petition in opposition
signed by 20 area residents. (Report 6, Clause 3) (10.5, 10.6)
6. PETITIONS
Council
consented to add Petition (1).
(1) BARWIN LIMITED
PARTNERSHIP, 55 HARVEST MOON DRIVE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
SITE PLAN APPROVAL TO PERMIT A RESTAURANT USE
(ZA 01 113977 & SC 01 115415) (10.5 & 10.6)
A petition signed by 20 area residents in opposition to the proposed
restaurant use at 55 Harvest Moon Drive, which reads as follows:
"We are opposed to have a restaurant at
55 Harvest Moon Drive, as it is not in the best interest of our neighbourhood
and our community."
Referred to Members of Council
7(a) REPORT NO. 4 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council
consented to separate Clause (1).
Moved by
Councillor J. Heath
Seconded by
Councillor A. Chiu
That Report
No. 4 - Community Services & Environment Committee be received and adopted.
December 9, 2002
(1) SATELLITE RECREATION CENTRES MEMORANDUM)
OF UNDERSTANDING AND POLICIES
(6.6 & 8.2)
That the draft Satellite Recreation Centres
Memorandum of Understanding and related Policies be approved for circulation to
the volunteer boards;
And that Principle 5 of the draft Memorandum
of Understanding attached as Appendix "C" to the December 9, 2002
staff report regarding cost-sharing principles, be amended to include the words
"(where possible)";
And that subject to agreement with the
volunteer boards, a future report be submitted for review and final approval by
the Community Services & Environment Committee and Council.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That Clause (1), Report No. 4 be amended to
add the following paragraph:
And that Principle 5 of the draft
Memorandum of Understanding attached as Appendix "C" to the December
9, 2002 staff report regarding cost-sharing principles, be amended to include
the words "(where possible)";
CARRIED
(2) DOG LEASH-FREE PILOT PROJECT UPDATE
AND RECOMMENDATIONS (2.8 &
6.3)
That
the report "Dog Leash-Free Pilot Project Update and Recommendations"
be received;
And
that staff be directed to negotiate an agreement with the Ontario Realty
Corporation (ORC) for the use of three areas within the hydro corridors as
permanent Dog Leash-Free areas as shown in Appendix "A" of the staff
report, and that staff report back on costs for the land lease and installation
of Dog Leash-Free areas;
And
that the Town extend the Dog Leash-Free Pilot Project at Milne Dam Park until
such time as staff bring back a report on the results of the investigation of a
permanent Dog Leash free area at one of the proposed ORC locations;
And
that Council direct the Dog Leash-Free Area Sub-Committee to finalize the
process and guidelines for the implementation and ongoing maintenance of
permanent Dog Leash-Free areas, and report back to the Community Services &
Environment Committee for approval;
And
that the Development Services Commission, Urban Design Group, consider
incorporating a Dog Leash-Free area in future park designs.
(3) PARAMOUNT PARK NAME CHANGE (6.3 &
2.1)
That
the report "Paramount Park Name Change", dated December 9, 2002, be
received;
And
that based on no objections being received from 97% of the public consulted,
Council confirm their previous approval in principle to rename the central
portion of Paramount Park to Markhaven Park, and the southern portion to South
Paramount Park as shown on Appendix "B", of the staff report.
(4) PILOT
PROJECT ANALYSIS AND 3-STREAM
COLLECTION IMPLEMENTATION PLAN
(5.1)
That the Report ‘Pilot Project Analysis and
3-Stream Collection Implementation Plan’ be received;
And that approval be deferred to phase in a
Town-wide 3-Stream Collection system with Phase I being the curbside collection
of kitchen organics starting in 2003; and Phase 2 being the curbside collection
of co-mingled recyclables starting in 2004;
And that such action be pending staff reporting
back to Community Services & Environment Committee as soon as possible
regarding the confirmation of, among other items, organics and yard waste
disposal (to be either combined or separated), the ability of the Region of
York to provide interim organic processing in 2003, and the Region of York
being requested to provide comments on the staff report this date, entitled
"Pilot Project Analysis and 3-Stream Collection Implementation Plan";
And that waste management staff investigate and
report back to Council with an organics diversion implementation plan,
including the acquisition, distribution and collection costs for a kitchen
organic curbside container and funding options;
And that the
Director of Environmental Services be authorized to establish a 3-Stream
Implementation Project Team, with representation from Town of Markham Council
members and Waste Management Department Staff to prepare plans for the
implementation of Town wide 3-Stream collection including a public consultation
process.
And that the following
Members of Council be appointed to the "3-Stream Implementation Project
Team":
- Regional Councillor F. Scarpitti
- Regional Councillor T. Wong
- Councillor S. Daurio
- Councillor J. Heath
(5) REGION OF YORK - WASTE
COLLECTION
RESPONSIBILITY
REVIEW (5.1)
That the
Region of York letter and attachments, dated November 25, 2002, and the City of
Vaughan letter and attachments, dated November 29, 2002, with respect to local
municipalities participating in a waste management service level consolidation
and governance review, be received;
And that staff
be directed to take part in the review of waste management service level
consolidation and governance review proposed by the Region of York;
And that staff
review the Region's report entitled 'Waste Collection Responsibility
Review", concerning waste collection responsibilities, and report back to
the Community Services & Environment Committee as soon as possible on the
issues to be considered in the review;
And that staff
report back monthly to the Community Services & Environment Committee on
the progress of the issues and potential implications for the Town of Markham.
(6) PROVISION OF SANITARY
AND WATER SERVICES
TO NEW ANGUS
GLEN COMMUNITY CENTRE
AND LIBRARY - DRAFT LETTER
(6.6 & 5.4 & 5.5)
That the draft
letter to Angus Glen Developments Ltd., prepared by the Chief Administrative
Officer, with respect to the provision of sanitary and water services to the
new Angus Glen Community Centre and Library, be endorsed.
(7) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF COMMUNITY
SERVICES & ENVIRONMENT
COMMITTEE MEETING – DECEMBER
9, 2002 (16.0)
That
the Community Services & Environment Committee minutes dated December 9,
2002 be received.
CARRIED
7(b) REPORT NO. 5 - FINANCE &
ADMINISTRATIVE COMMITTEE
Council
consented to separate Clauses (1), (4) and (6).
Moved by
Councillor K. Usman
Seconded by
Councillor S. Daurio
That Report
No. 5 - Finance & Administrative Committee be received and adopted.
January 6, 2003
(1) MARKHAM COMMUNITY LIBRARY EXPANSION
(3.19 & 6.6)
That Council
approves proceeding with a 10,500 sq. ft. expansion of the Markham Community
Library;
And that an
architect be engaged to design the expansion project;
And that a report be submitted to Council, establishing the building
design, project budget, and detailed project schedule, when the schematic
design stage is complete;
And that the
report include an examination of opportunities for funding partners and/or
sponsorships;
And that
Council allocates an upset limit of $ 300,000, including all taxes, for the
design of the Markham Community Library expansion, to be funded from the
Development Charges Reserve;
And that an
Executive Steering Committee comprised of some or all of the following be
established to oversee the corporate elements of the project:
Chair of the
Community Services Committee
Council
Members on the Library Board
One or more
non-Council Members on the Library Board
Commissioner
of Community and Fire Services
Commissioner
of Corporate Services
Library CEO
And further
that a Public Information Meeting be held at the appropriate time prior to
finalization of issues.
CARRIED
(2) COST BENEFIT ANALYSIS OF RELOCATING THE
LIBRARY ADMINISTRATIVE CENTRE
WITHIN THE
MARKHAM COMMUNITY LIBRARY
EXPANSION (3.19 & 6.6)
That
the cost-benefit analysis of relocating the Library Administration Centre
within the Markham Community Library expansion be received;
And
that this project be incorporated into the expansion of Markham Community
Library.
(3) WATERMAIN
REPLACEMENT - STEELES AVENUE
BETWEEN CANADIANA DRIVE AND
FAIRWAY HEIGHTS DRIVE (5.4)
That
the contracted amount for the watermain replacement on Steeles Avenue between
Canadiana Drive and Fairway Heights Drive be increased from $441,054.00 to
$582,852.00 as a result of the extra cost incurred by the contractor due to
unforeseen ground condition;
And
that the additional funds in the amount of $141,798.00 be funded from the Water
Reserves.
(4) MANAGEMENT
AGREEMENT - MILNE DAM
FISHWAY (5.7 & 8.2 &
6.3)
That
Council receive the proposed Management Agreement to indemnify and save
harmless the Town of Markham from the construction, operation and maintenance
of a fish pass at Milne Dam including an access road;
And
further that a by-law be enacted at the Council meeting on January 14, 2003,
authorizing the Mayor and Clerk to execute the Management Agreement between
Toronto and Region Conservation Authority, Her Majesty The Queen In Right Of
Ontario and The Corporation Of The Town Of Markham, in a form satisfactory to
the Town Solicitor.
(By-law 2003-2)
CARRIED
(5) 11 CHURCH STREET, MARKHAM
LEASE AMENDING AGREEMENT (8.2
& 8.7)
That
Council approve an amendment to the lease for 11 Church Street, Markham,
between the Town of Markham and The Markham Guild of Village Crafts for a
period of one (1) year commencing January 1, 2003 and to expire on December 31,
2003;
And
that the Mayor and Town Clerk be authorized to execute the lease amendment in a
form satisfactory to the Town Solicitor.
(6) KEEPING OF PIGEONS - 105 BEDALE CRESCENT
(8.0 & 2.0)
That
the owners of racing pigeon operations at 105 Bedale Crescent be
"exempted" from the provisions of By-law 182-96, "A by-law to
prohibit the keeping of certain classes of animals and to regulate the keeping
of certain other classes of animals in the Town of Markham" subject to:
1. Property owner entering into
a written agreement with The Town that
shall include the following condition: "exemption" clause
stipulating that
permission pertains to the current owner only.
2. Pigeons to be housed solely
on the subject property.
3. A maximum of 40 pigeons be
permitted on the property.
4. All structures used to house
the pigeons must meet zoning lot line setbacks,
building and property standards regulations.
5. Receipt of a written
commitment that flights of the pigeons be restricted
to twice daily between the hours of 6:00 am-10:00am, and
7:00pm-10:00pm.
6. Continued membership in the
Canadian Racing Pigeon Union.
7. All pigeons must be banded
with identifying leg bands issued by a club or
organization
And that the owner of 105 Bedale Crescent be
directed to remove all of his pigeons and any associated structures and
equipment from his neighbour's property at 103 Bedale Crescent by April 30,
2003;
And further that the owner of 105 Bedale
Crescent construct a new structure that meets zoning set-back, building and
property standards regulations by April 30, 2003;
And further that staff review and report on
other racing pigeon operations in other locations within the Town of Markham;
And further that the owner of the subject
property and adjacent properties be notified prior to Council approval.
(By-law 2003-3)
CARRIED
(7) ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(AMO)
REQUEST FOR CONTRIBUTION TO
BILL 210 FUND (13.12.1 & 7.0)
That the letter dated December 5, 2002 from the Association of
Municipalities of Ontario (AMO), seeking a voluntary contribution from
municipalities for Bill 210 Fund, be received;
And that the amount of $2,000.00 be forwarded to AMO for Bill 210 Fund;
such funds to be charged to Account No. 840 841 7849.
(8) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – JANUARY 6,
2003 (16.0)
That
the Finance & Administrative Committee minutes dated January 6, 2003 be
received.
CARRIED
7(c) REPORT NO. 6 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1),
(2), (3), (6) & (7).
Moved by Councillor G. McKelvey
Seconded by Councillor S. Daurio
That Report No. 6 - Development Services
Committee be received and adopted.
January 7, 2003
(1) ABIDIEN INC., SOUTH UNIONVILLE
REQUEST FOR STREET NAMES
(10.14)
That the matter of street name requested by Abidien Inc. for a plan of
subdivision on the north side of Helen Avenue in South Unionville (19TM-98005)
be referred to staff for report and recommendation to the January 21, 2003
Development Services Committee meeting regarding the feasibility of naming the
subject street "Dodds Gate".
CARRIED
AS AMENDED
(See
following motion to amend)
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor B. O'Donnell
That Clause (1), Report No. 6 be amended to
be referred to staff for report and recommendation to the January 21, 2003 Development
Services Committee meeting regarding the feasibility of naming the subject
street "Dodds Gate".
CARRIED
(2) UNIONVILLE CONGREGATIONAL CHURCH, 150
MAIN ST.
HERITAGE CONSERVATION EASEMENT
(16.11)
That the Town
enter into a heritage conservation easement agreement with the Unionville Home
Society, the owner of the property at 150 Main Street Unionville to ensure the
protection of the historic Unionville Congregational Church Building (former
Unionville Veterans Hall).
CARRIED
(3) BARWIN LIMITED
PARTNERSHIP, 55 HARVEST MOON DRIVE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
SITE PLAN APPROVAL TO PERMIT A RESTAURANT USE
(ZA 01 113977 & SC 01 115415) (10.5 & 10.6)
That
the staff memo dated January 7, 2003, regarding the applications by Barwin
Limited Partnership for restaurant use and garbage room addition at 55 Harvest
Moon Drive (Files ZA 01 113977 and SC 01 115415) be received;
And that the report dated November 5, 2002, entitled “Barwin Limited
Partnership, Application for Zoning By-law Amendment and Site Plan Approval to
permit a restaurant use at 55 Harvest Moon Drive File No ZA 01 113977 and SC 01
115415”, be received;
And that application ZA 01 113977 to amend Zoning By-law 72-79
submitted by Barwin Limited Partnership to permit a restaurant use at 55
Harvest Moon Drive be approved, and the implementing Zoning By-law, attached as
Appendix ‘B’ to the January 7, 2003, staff memo, be enacted after an amendment
to the site plan agreement has been executed by the Owner;
And that application for Site Plan Approval SC 01 115415 to permit a
43.8 m2 (471.5 ft2) garbage room addition be approved,
subject to the following conditions:
- That
the owner enter into an amending Site Plan Agreement with the Town;
- That
prior to execution of the site plan agreement, the owner shall submit
final site plan, elevation and landscape drawings, complying with all
requirements of the Town and authorized public agencies, prepared to the
satisfaction of the Commissioner of Development Services;
- That
the site plan agreement provide for payment by the owner of all applicable
fees, recoveries and development charges;
- That
the owner agrees to install and maintain in any new restaurant an odour
reducing module as part of the kitchen hood exhaust system specifically
designed for the removal of cooking odours related to smoke and grease
laden vapour involving grilling, frying or deep frying of foods; and
That the site plan approval lapse on January
7, 2006 in the event that a site plan agreement is not executed by that date.
(By-law 2003-4)
CARRIED
(See following motion)
Moved by Councillor G. McKelvey
Seconded by Councillor S. Daurio
That the memorandum dated January 14, 2003
from the Acting Commissioner of Development Services and the Acting Director of
Planning, providing further information on the prohibition of "accessory
uses" in the site plan, be received.
CARRIED
(4) TENDER HOLDINGS LTD.
7020 WARDEN AVENUE (NORTH WARDEN CENTRE).
APPLICATION FOR SITE PLAN APPROVAL TO PERMIT
A COMMERCIAL DEVELOPMENT (SC. 02-111235) (10.6)
That the report dated January
7, 2003, entitled “Tender Holdings Ltd.
Application for site plan approval to permit a commercial development at
7020 Warden Avenue (North Warden Centre) (SC.02-111235)”, be received for
information purposes;
And that Council endorse the
proposed site plan conditions outlined in Appendix ‘A’, attached to the report
dated January 7, 2003;
And that staff be authorized to
continue discussions with the applicant to finalize the site plan details and
modify any conditions attached in Appendix ‘A’ as necessary, prior to the
Ontario Municipal Board Hearing scheduled to begin on January 20, 2003.
(5) EDCO ANNUAL CONFERENCE (10.16)
That the
report entitled "EDCO Annual Conference", regarding a provincial
economic development conference to be held a the Toronto Marriott Eaton Centre
Hotel, February 4-6, 2003, be received;
And that
Council authorize the purchase of a table at the President's Dinner on February
5, 2003 at a total cost of $1,016.50 to be funded from Economic Development's
Meeting and Conference Account 610-9905200.
(6) 1107656 ONTARIO LTD.,
LEITCHCROFT COMMUNITY
LOTS 1,2,3,4, 6, REGISTERED PLAN 65M-3575, AND
BLOCKS 41, 42, 43, REGISTERED PLAN 65M-3226
OFFICIAL PLAN AND ZONING BY-LAW AMENDMENTS
(OP 02-112639, ZA.02-112690) (10.3, 10.5)
That
the following written submissions regarding Official Plan Amendment and
Rezoning applications, Files OP 02-112639 and ZA.02-112690, submitted by
1107656 Ontario Ltd., be received:
1. Petition from 24 residents, in support
of the park, and submitting comments;
2. Jim Kirk, Malone Given Parsons Ltd., on
behalf of 1107656 Ontario Ltd., submitting comments and concerns;
And that the
deputation by Mr. Jim Kirk, Malone Given Parsons Ltd., on behalf of 1107656
Ontario Ltd., be received;
And that the Development
Services Commission report dated November 5, 2002, entitled "Preliminary
Report: Application by 1107656 Ontario Ltd. for Official Plan and Zoning By-law
Amendments to permit water allocation for an additional 650 residential units,
to delete requirements for at-grade commercial uses along street frontages and
to incorporate technical amendments to By-law 177-96 on Blocks 1, 2, 3, 4 and 6
Registered Plan 65M-3575 and Blocks 41, 42, 43 Registered Plan 65M-3226,
Leitchcroft Community (File Nos. OP 02 112639 and ZA 02 112690)", be
received;
And that the Record of the Public Meeting held on January 7, 2003, with
respect to the applications by 1107656 Ontario Ltd. for Official Plan and
Zoning By-law Amendments to: revise water allocation policies, remove
requirements for at-grade commercial uses, permit additional townhouse and
apartment units as amended, and institute technical zoning amendments as they
apply to Blocks 41 to 43 Plan 65M-3226 and Blocks 1, 2, 3, 4 and 6 Plan
65M-3575, be received;
And that the Record of the Public Meeting held on January 7, 2003 with
respect to the Town initiated Official Plan Amendment to redesignate Block 45
Plan 65M-3226 from Business Corridor Area to Business Park Area; and the
Town-initiated Zoning By-law Amendment to rezone Block 50 and part of Block 49
Plan 65M-3226 from Business Park Zone to Open Space One Zone, be received;
And that water allocation for an additional 65 residential units (total
allocation of 715 units) be granted from the Town reserve on Blocks 1, 2, 3, 4
and 6, Registered Plan 65M-3575, formerly Block 44, Registered Plan 65M-3226;
And that staff be directed to prepare a
zoning by-law amendment to address the required technical changes to By-law 177-96
(concerning setbacks, lot frontages and other related matters); and to permit
an additional 65 residential units (total 715 residential units) on Blocks 1,
2, 3, 4 and 6 Registered Plan 65M-3575 (formerly Block 44 Registered Plan
65M-3226), for consideration by Council;
And that the applications for Secondary Plan
and Zoning By-law Amendments to permit an additional 650 residential units on
the subject lands and to delete requirements for at-grade retail; and the
Town-initiated Official Plan and Zoning By-law Amendments, be referred back to
staff for a report evaluating the proposals.
CARRIED
(7) EXTENSION OF MARKHAM
INTERIM CONTROL BY-LAW 2002-20
MAIN STREET UNIONVILLE LAND USE AND PARKING STUDY (10.8)
That staff be directed to obtain a legal opinion regarding the
automatic extension of the Interim Control By-law if a subsequent zoning by-law
is enacted;
And that, if necessary, staff present to Council at its meeting on
January 14, 2003, a by-law to extend Interim Control By-law 2002-20 for the Unionville
Land Use and Parking Study, to September 1, 2003.
(By-law 2003-5)
That Clause (7), Report No. 6 be amended to delete the words in
Paragraph 2 "…for a period of 6 months or one year, as determined by
Council" and substitute the following therefor "…to September 1,
2003."
CARRIED
(8) OTHER
COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JANUARY 7,
2003 (16.0)
CARRIED
8. MOTIONS
Council consented to add Motions (1) to (4).
(1) MONICA
AUERBACH
- TRANSITIONAL &
SUPPORTIVE HOUSING SERVICES
OF YORK REGION (12.2.6)
Moved by Regional Councillor T. Wong
Seconded by Councillor G. McKelvey
That the deputations by Ms. Monica Auerbach, Executive Director, and
Mr. Brad Rye, President, Transitional and Supportive Housing Services of York
Region, the agency and its current and planned projects to meet the needs of
homeless families and youth in York Region, be received;
And that support of this endeavour be referred to staff for a report
and recommendation.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) REQUEST TO INSTALL
4-WAY STOP SIGNS ON
RAYMERVILLE DRIVE AND CRANDALL DRIVE (5.12)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That Council reconsider its decision of November 26, 2002 on the matter
of the installation of 4-way stop signs at the intersection of Raymerville
Drive and Crandall Drive.
Carried
(2/3rd vote to consider was
required and obtained)
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That the deputations of Mr. Mario D'Amico, 414 Raymerville Drive, and
Mr. Jorge Martinez, 81 Strathmore Road, urging Council to install a 4-way stop
sign at Raymerville Drive & Crandall Drive, be received;
And that the immediate installation of a 4-way stop sign at Raymerville
Drive & Crandall Drive, be approved.
(By-law 2003-15)
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) CITY
OF VAUGHAN - GTA WIDE
COORDINATING BODY (13.5.2)
Moved by Councillor J. Heath
Seconded by Councillor G. McKelvey
That the City of Vaughan
resolution to request the Province of Ontario to establish a GTA Wide
Coordinating Body to focus on developing and implementing solutions to GTA-wide
problems, be received and endorsed.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) CITY
OF KINGSTON
RESTORATION AND RENEWAL OF
PUBLIC POWER (13.5.1)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor T. Wong
That the City of Kingston resolution regarding requesting the
Government of Ontario to restore and renew public power and to stop the proposed
future sale of lease of any Hydro One or Ontario Power Generation facilities,
including the Bruce Nuclear Station, be received and endorsed.
CARRIED
(2/3rd vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add communication 79-2003
Moved by
Councillor J. Heath
Seconded by
Councillor G. McKelvey
That Council
receive and consent to the disposition of communications in the following
manner:
Received
58-2003 Dieter
Kiesewalter, Chairman, German Language School Ottawa, and Irmgard Stegner -
Forwarding letters of support for the decision to protect the lands at 80
German Mills Road - Settlers Park. (10.7)
59-2003 City of Vaughan
- Forwarding a resolution to request the Province of Ontario to establish a GTA
Wide Coordinating Body to focus on developing and implementing solutions to
GTA-wide problems. (13.5.2)
60-2003 City of Kingston
- Forwarding a resolution regarding requesting the Government of Ontario to
restore and renew public power and to stop the proposed future sale of lease of
any Hydro One or Ontario Power Generation facilities, including the Bruce
Nuclear Station. (13.5.1)
61-2003 Association of
Municipalities of Ontario - Forwarding a resolution of the City of Pickering
regarding requesting the Government of Canada and the Canadian Food Inspection
Agency (CFIA) to take steps immediately to establish the outer limit of the
Emerald Ash Borer (EAB) infestation in southwestern Ontario. (13.5.2)
62-2003 Association of
Municipalities of Ontario - Forwarding a brief summary of bills passed by the
Legislature during the Fall, 2002 sitting. (13.2)
63-2003 City of Toronto
- Forwarding a resolution regarding "Proposals for Provincial Management
of Secondary Uses in Hydro Corridors." (13.5.2)
64-2003 Association of
Municipal Clerks and Treasurer of Ontario - Forwarding a resolution of the City
of Thorold regarding requesting the Minister of Energy to take a leadership
role and take the necessary steps to change Hydro One Networks Inc. back to a
not-for-profit company and to distribute any surplus earnings back to Hydro One
Networks Inc. customers in the form of a rebate. (13.5.2)
65-2003 The Regional
Municipality of York - Forwarding a resolution regarding the 16th Avenue truck
sewer mitigation of dewatering impacts. (13.4)
66-2003 The Regional
Municipality of York - Forwarding information regarding the change to the
composition and representation on Regional Council. (13.4)
67-2003 The Regional
Municipality of York - Forwarding a resolution urging the Provincial Government
to discontinue pooling the City of Toronto's social service and social housing
costs across the Greater Toronto Area Municipalities and the Province assume
full responsibility for social services funding costs for the entire Province.
(13.4)
68-2003 The Regional
Municipality of York - Advising that the Inaugural Meeting will be held on the
Thursday following the first Monday in December, 2003 following a regular
election and forwarding the by-law with respect thereto. (13.4)
69-2003 Town of
Newmarket - Forwarding support for the streamlined Regional/local
municipalities review and approval process pertaining to the York Rapid Transit
Plan. (13.5.2)
70-2003 Town of
Newmarket - Forwarding a resolution regarding requesting the Minister of Finance
to bring forward a plan to improve working relationships between assessment
staff and municipalities at the local level. (13.5.2)
71-2003 Town of
Newmarket - Forwarding a resolution in support of the LCBO Deposit and Return Act. (13.5.2)
72-2003 Director of
Human Resources - Forwarding information for the title change in the Community
and Fire Services Commission. (11.0)
79-2003 Glenn Baron -
Requesting Council to consider renaming the originally approved "Kildeer
Gate" to "Dodds Gate", instead of "Warrington Gate" as
approved by Development Services Committee on January 7, 2003 for the
application submitted by Abidien Inc. for a plan of subdivision on the north
side of Helen Avenue in South Unionville. (10.14)
(Clause 1, Report No. 6, 2003)
Referred to all Members of Council
73-2003 Proclamations,
from Race Relations Committee that the month of February, 2003 be proclaimed
"Black History Month" in the Town of Markham and that March 21, 2003
be proclaimed as the International Day for the Elimination of Racial
Discrimination in the Town of Markham and such proclamations be inserted in the
local newspapers. (3.4 & 16.10)
74-2003 Proclamation -
February 10 to 15, 2003 - Marriage Checkup Week. (3.4)
75-2003 Proclamation -
February 2 to 8, 2003 - White Cane Week. (3.4)
76-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for Take One
Studio, 7850 Woodbine Avenue, Suite 328 (3rd floor). (3.21)
77-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for East Side
Mario's, 5060 Highway No. 7 (indoor & outdoor) (3.21)
78-2003 Liquor Licence
Application - Request to complete the Municipal Information Form for Old
Country Inn, 198 Main Street Unionville. (indoor & outdoor) (3.21)
10. BY-LAWS
Council
consented to add By-laws 2003-14 & 2003-15.
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That By-laws
2003-2 to 2003-15 be given three readings and enacted.
Three Readings
BY-LAW 2003-2 A
by-law to authorize the execution of a Management Agreement between Toronto
& Region Conservation Authority, Her Majesty the Queen in Right of Ontario
and the Town of Markham in connection with the construction, operation and
maintenance of a fish pass at Milne Dam which includes an access road.
(Clause 4, Report No. 5, 2003)
BY-LAW 2003-3 A
by-law to amend By-law 182-96, being a by-law to prohibit the keeping of
certain classes of animals and to regulate the keeping of certain other classes
of animals in the Town of Markham (to house 40 or less racing pigeons at 105
Bedale Crescent).
(Clause 6, Report No. 5, 2003)
BY-LAW 2003-4 A
by-law to amend Zoning By-law 72-79, as amended (Barwin Limited Partnership, 55
Harvest Moon Drive - To permit a restaurant).
(Clause 3, Report No. 6, 2003)
BY-LAW 2003-5 A
by-law to provide for the extension of Interim Control By-law 2002-20, being a
by-law to amend Zoning By-law 122-72, as amended (Interim Control By-law for
Unionville Core Area - To temporarily restrict the redevelopment or use of the
subject lands for restaurant purposes, until completion of the Unionville Core
Area Review)
(Clause 7, Report No. 6, 2003)
BY-LAW 2003-6 A
by-law to authorize the execution of a Transfer/Deed of Land to Jamie &
Jessie Mercer for lands legally described as Part of Lot 16, Concession 7,
designated as Part 1, Plan 65R-24463 (Lunau Residence).
(Clause 3, Report No. 2, 2002)
BY-LAW 2003-7 A
by-law to authorize the execution of a Transfer/Deed of Land to Ontario Realty
Corporation for lands legally described as part of Benson Avenue Road
Allowance, Plan 2386, designated as Part 9, 65R-to be registered.
(Clause 16, Report No. 2, 2002)
BY-LAW 2003-8 A
by-law to authorize the execution of a Transfer/Deed of Land to the Regional
Municipality of York for lands legally described as Part of Lot 21, Concession
5, designated as Parts 1, 2, 3 and 4, Plan 65R-25469.
(Clause 17, Report No. 2, 2002)
BY-LAW 2003-9 A
by-law to designate a certain property as being of Historic and/or
Architectural Value or Interest - The Buttonville General Store and Hood House.
(Clause 1, Report No. 55, 2002)
BY-LAW 2003-10 A by-law to designate a certain property as being of Historic
and/or Architectural Value or Interest - William Clarry House.
(Clause 2, Report No. 55, 2002)
BY-LAW 2003-11 A by-law to designate a certain property as being of Historic
and/or Architectural Value or Interest - The Francis Button House.
(Clause 1, Report No. 59, 2002)
BY-LAW 2003-12 A by-law to amend By-law 2002-178, being a by-law to appoint
Municipal Law Enforcement Officers (to revise Schedule 'A' for Parking Control
staff)
(Council Meeting No. 3, 2003)
BY-LAW 2003-13 A by-law to confirm the proceedings of the Council meeting of
January 14, 2003.
(Council
Meeting No. 3, 2003)
BY-LAW 2003-14 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Block 42, Plan 65M-2761, designated as Parts 2, 4,
6 and 8, Plan 65R-24463 - Heritage Corners Lane)
(Council Meeting No. 3, 2003)
BY-LAW 2003-15 A by-law to amend the traffic by-law no. 106-71 (a stop sign at
Raymerville Drive and Crandall Drive)
(Motion
(2))
CARRIED
11. ADJOURNMENT
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Heath
That the
meeting do adjourn.
CARRIED
Council
adjourned at 9:00 p.m.
______________________________ _____________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)