2005-06-28 & 2005-06-29
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 13
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Deputy Mayor
F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio (5:35
p.m.), Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
Regrets
Mayor D.
Cousens, Regional Councillor B. O'Donnell. (2)
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) Milne
Park Sewer Update (5.5)
(2) Naming
the Unionville Gala an Official Town Event (3.5)
(3) Bringing
Paid Parking into Effect in the Ferrier Road, Allstate Parkway, & Markham
Centre Areas of the Town (2.17)
(4) Woodbine
Montessori School, 9921 Woodbine Avenue, Site Plan Approval to Permit a Private
School (Sc 04 026265) (10.6)
(5) Unionville
High School, Apple Creek and Warden Avenue Intersection Improvements (10.6)
(6) Licensing
Hearing, "Clark Therapy", 126 Clark Avenue, Unit #3, Markham (2.0)
(7) Licensing
Hearing, "Holistic Therapy Clinic" (1328757 Ontario Ltd.) 145 Royal
Crest Road, Unit #2, Markham (2.0)
(8) 2005
Advisory Committee/Board Appointments (16.24)
(9) Tender
Award – Markham Centennial Centre Expansion (6.6)
(10) Load
Restriction Exemption – 19th Avenue (5.10)
(11) Licensing
Hearing, Taxi Driver's Licence 1740 - Renewal Application (2.0)
(12) Markham
Public Library Board, Excerpt from Minutes of June 27, 2005 (6.0)
(13) Region
of York 16th Avenue Sewer Phase II Conveyance of Easement – (10.7)
(14) Official
Plan Amendment No. 116 (Rouge North Management Area) Options to Address the
Provincial Greenbelt Plan (10.3)
(15) Wismer
Markham Development Inc. (Metrus) 9442 and 9506 Hwy 48, Appeals to the
Ontario Municipal Board of Applications
to Rezone From Rural Residential to Major Commercial Area (Za 03 113694, Za 04
024270) (10.5)
(16) Powerstream
Shareholder’s Meeting (13.8)
(17) Status
Report on the Phase 1 Enterprise Drive/Helen Avenue Extension & GO Rail
Grade Separation Construction Project (5.10, 5.14.2 & 7.0)
(18) Status
Report on The Rodick Road/Highway 407 Grade Separation Construction Project
(5.10 & 7.5)
CARRIED
The Regular
Meeting of Council was held on June 28, 2005 at 7:10 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,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman (10:10pm), Councillor A. Chiu. (11)
Regrets
Mayor D.
Cousens, Regional Councillor B. O'Donnell. (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
S. Birrell,
Town Clerk
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
A. Brown,
Director of Engineering
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
J. Webster disclosed an interest with respect to Clause (15), Report No. 22, the
item dealing with the Town Crier’s visit to Australia, by nature of being the
current Town Crier, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Councillor J.
Virgilio disclosed an interest with respect to Clause (13), Report No. 23 and
By-laws 2005-208 and 2005-209), the proposed development by Wykland Estates
Inc. and Mattamy (Country Glen) Limited in the Cornell Planning district, by
nature of representing the previous owner who now holds the mortgage on the
subject property, and did not take part in the consideration or discussion of
or vote on the question of the approval of such matter.
Councillor J.
Virgilio disclosed an interest with respect to Clause (22) (Development
Services Committee Minutes - Item 34), Report No. 23, the proposed development
by Fairglen Homes Limited at 9765 Kennedy Road, by nature of representing the
owner, and did not take part in the consideration or discussion of or vote on
the question of the approval of such matter.
Councillor J.
Virgilio disclosed an interest with respect to Clause (22) (Development Services
Committee Minutes - Item 51), Report No. 23, the proposed development by 1297482
for a 4-storey apartment building at 7713 Kennedy Road by nature of
representing the owner of an adjoining property, and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
Councillor J.
Virgilio disclosed an interest with respect to Clause (22) (Development Services
Committee Minutes - Item 52), Report No. 23, the proposed development by 1297482
for 19 single detached dwellings, south of 14th Avenue, East of
Kennedy Road, West of Chiavatti Drive, by nature of representing the owner of
an adjoining property, and did not take part in the consideration or discussion
of or vote on the question of the approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by Councillor
S. Daurio
Seconded by Councillor
K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor F.
Scarpitti reported the following motions passed at the Committee of the Whole
meeting:
Council
consented to separate Committee of the Whole Item (12).
(1) MILNE PARK SEWER UPDATE (5.5)
That the
update from Marc Terrace, Infrastructure Management Group, with respect to the
Milne Park Sewer project, be received.
(2) NAMING THE UNIONVILLE
GALA
AN OFFICIAL TOWN EVENT
(3.5) Report 1
That the report dated June 28, 2005 entitled
"Naming the Unionville Gala an Official Town Event" be received;
And that the Unionville Gala be recognized as
an "Official Town Event" as defined in the Town's Policy,
"Policy for issuance of official tax receipts for income tax
purposes".
(3) BRINGING PAID PARKING
INTO EFFECT
IN THE FERRIER ROAD, ALLSTATE
PARKWAY, AND
MARKHAM CENTRE AREAS OF THE
TOWN (2.17) Report
That the report dated June 28, 2005, entitled
"Bringing Paid Parking into Effect in the Ferrier Road, Allstate Parkway,
and Markham Centre areas of the Town" be received;
And that the Town's consolidated Parking
By-law be amended to bring into effect on street paid parking in the three
identified areas of the Town, subject to the Table of Rates and Restrictions as
set out in Appendix A attached to this report.
(By-law 2005-253)
(4) WOODBINE MONTESSORI SCHOOL
9921 WOODBINE AVENUE, SITE PLAN APPROVAL
TO PERMIT A PRIVATE SCHOOL (SC
04 026265) (10.6) Report
That the presentation by Ben Quan, QX4
Investments Ltd., on behalf of the applicant, of coloured elevations for the
site at 9921 Woodbine Avenue, be received;
And that a sample of the proposed buff stucco
building material be approved by the Town Architect.
(5) UNIONVILLE HIGH SCHOOL
APPLE CREEK AND WARDEN AVENUE
INTERSECTION IMPROVEMENTS
(10.6) Memo
That the memorandum dated June 28, 2005 from
the Director of Engineering regarding the Unionville High School and
intersection improvements at Apple Creek Boulevard and Warden Avenue, be
received;
And that staff be authorized to retain the
Region of York's Warden Avenue Engineering consultant to undertake the design
of the widening of Apple Creek Boulevard, west of Warden Avenue, to coincide
with the Region's construction of Warden Avenue;
And that the Apple Creek
Boulevard improvements, at an estimated cost of
$90,000, be funded from cost savings in the Engineering Department's 2005
Capital Budget;
And that staff be authorized to negotiate
with the Region of York to include the Apple Creek Boulevard widening under
their Warden Avenue contract;
And that the Region of York be requested to
complete the Warden Avenue section between
Highway No. 7 and Apple Creek Boulevard first;
And that the Mayor and Clerk be authorized to
execute a revised site plan agreement based on the June 7, 2005 presentation to Development Services Committee.
(6) LICENSING HEARING
"CLARK THERAPY"
126 CLARK AVENUE, UNIT #3,
MARKHAM (2.0)
That the following recommendation of the
Markham Licensing Committee be adopted and confirmed:
That the applicant’s renewal application for a 2005
licence to own and operate a Complimentary Healthcare establishment known as
“Clark Therapy”, at 126 Clark Avenue, Unit 3, Markham, Ontario be denied pursuant to
By-law 2002-292, A By-law Respecting
the Licensing and Inspecting of Body-rub Parlours and Attendants and
Complementary Health Care Service Providers and Attendants;
And that
pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision
not
be stayed by
any appeal of this decision that may be instituted in the courts.
(7) LICENSING HEARING
"HOLISTIC THERAPY
CLINIC" (1328757 ONTARIO LTD.)
145 ROYAL CREST ROAD, UNIT #2,
MARKHAM (2.0)
That the following recommendation of the
Markham Licensing Committee be adopted and confirmed:
That the applicant's 2005 renewal application on behalf
of 1328757 Ontario Ltd to own and operate a Complementary Healthcare
establishment known as “Holistic Therapy Clinic”, at 145
Royal Crest Road, Unit 2, Markham, Ontario be denied pursuant to By-law 2002-292, A By-law Respecting the Licensing and Inspecting of
Body-rub Parlours and Attendants and Complementary Health Care Service
Providers and Attendants;
And that this
decision not be effective until the earlier of September 30, 2005 or the date of a decision by the Divisional Court with respect to an application for judicial review of the
Committee’s decision by the Licensee;
And that
pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision
not
be stayed by
any appeal of this decision that may be instituted in the courts.
(8) 2005 ADVISORY
COMMITTEE/BOARD
APPOINTMENTS (16.24)
Markham
Centre Advisory Committee
That the following persons be confirmed and
appointed to the Markham Centre Advisory Committee for the year 2005/2006:
Unionville
Ratepayers Association deferred
Unionville
Villagers Association Neil
Banerjee/ Harry Eaglesham
Unionville
Resident Darina
Phillips
Donna Church
Michelle Lynch
Markham
Residents at Large (3) Charles
Sutherland
Gary Atkins, Cornell
Robert Jarvis
Barry McFarquhar, Swan
Lake
Markham
Board of Trade Dick Gordon
Markham
Accessibility Committee Vito
Bigioni
Major
Local Business Susan Lawton, IBM Canada
Kira Sheppard, Motorola
Bruce Ander, Markham
District Energy
Mary-Frances Turner, YRTP
Mayor’s
Youth Task Force tbd
– August 2005
York
Region School Boards Jane
Ross, York Board of Education
Tom Pechkovsky, York Catholic District School
Board
Developer’s
Group Rep. Rudy Buczolits, Remington
Group
Markham
Public Art Advisory Committee
That the resignation of Azra Riaz from the
Markham Public Art Advisory Committee be accepted with regret and a letter of
appreciation be forwarded.
CARRIED
(9) TENDER AWARD – MARKHAM
CENTENNIAL CENTRE EXPANSION
(6.6) Report
That the report entitled “Award of Tender # 055-T-05 for the construction of the
Centennial Community Centre Addition and Renovation” be received;
And that the Tender # 055-T-05 for the construction of the
Centennial Community Centre Addition and Renovation be awarded to
the lowest priced qualified bidder Canning General Construction Limited, in the
total amount of $9,010,700
exclusive of GST;
And that award of construction of the north
and west parking lots to Canning General Construction Limited, in the amount of
$779,000 exclusive of GST, be deferred pending completion of the traffic
operations & parking study and conclusion of discussions with GO Transit
and York Region;
And that a contingency of $645,000 exclusive
of GST be established and that the
Director of Operations and Asset Management Department 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 Centennial Community Centre
Addition and Renovation project budget, in the total amount of $11,918,000,
outlined on page 6 be approved;
And that funding be provided from the
following sources:
Previously Approved Capital
(Projects 5047, 4987, 6587,
6585) $8,525,419
2005 Facility Ramp-up Reserve $2,300,000
2006 Facility Ramp-up Reserve $1,092,581
Total Funding $11,918,000
Less Recoveries:
- Bocce Club ($400,000)
- Canadian Bldg Incentive grant
($60,000)
Net Funding (after recoveries) $11,458,000
And that the base $1,200,000 facility ramp-up
for Cornell and East Community Centre & Library be pre-approved in the 2006
Operating Budget;
And that should the parking lots, in the
amount of $779,000, not be required to be constructed by the Town, the capital
required for the Centennial project be adjusted and funds be returned to the
Facility Ramp-up Reserve;
And that awards for future components of the
Centennial Community Centre Addition and Renovation project, such as furniture,
fixtures & equipment, be made in accordance with the Purchasing By-Law
2004-341;
And that staff report back to Council for
approval and execution of an agreement with the Bocce Club on up-fronting funds
and a total $400,000 repayment schedule for this project.
(10) LOAD RESTRICTION EXEMPTION – 19TH AVENUE (5.10) Report By-law
That the
presentations by Mike McLean, Fieldgate Developments, and Richard Tranquada,
Sernas Associates, on behalf of Lebovic Enterprises, regarding a request for
load restriction exemptions on 19th Avenue, be received;
And that the
request for exemption to the Town's Load Restriction By-law No. 2005-24, be
approved subject to the following conditions:
- Lebovic Enterprises and Fieldgate
Developments enter into a joint Developers Agreement with the Town that
will cover all terms and conditions for the approval of the temporary
exemption to the Load Restriction By-law.
- Submission of liability insurance naming
the Town of Markham in the amount of $5 million to the satisfaction of the
Town Solicitor.
- Reduction of the speed limit on 19th
Avenue from 60 km to 50 km from July 4, 2005 to September 30, 2005.
- Implementation of a speed monitoring
program to the satisfaction of the General Manager of Operations
- Further discussion with the 19th
Avenue residents as to mitigating concerns they may have.
- The Developers are required to pay the
total cost of the reconstruction and resurfacing of the sections of both
Reesor Road and 19th Avenue that will be impacted by this
project.
- The
Developers deposit with the Town a Letter of Credit in the amount of
$300,000 as security against their commitment to maintain this section of
road.
- The
Developers are held responsible to maintain this section of road at all
times to the satisfaction of the General Manager of Operations including
but not limited to dust control.
- The hours of operations will be
restricted to 7:00 a.m. to 6:00 p.m. Monday to Friday (staff to determine
the best scenario).
- The temporary By-law exemption will not
exceed 3 months duration and must end on or before September 30th,
2005.
- The trip generation for the movement of
surplus earth fill is restricted to a maximum 30 loads/hour throughout the
duration of the project.
- The Developers provide written notification
to all area residents directly impacted by this proposal. The Developer will be required to
include contact names and phone numbers to the area residents and to have
an individual available to respond to all resident’s complaints or
concerns throughout the duration of this project.
- A $10,000 administration fee.
- The Town of Markham retains the right to
terminate this agreement at any time should the Developers or their agents
fail to comply with the agreed to terms and conditions;
And that a
by-law be presented to enact the temporary exemption.
(By-law
2005-260)
(11) LICENSING
HEARING
TAXI DRIVER'S LICENCE 1740
RENEWAL APPLICATION (2.0)
That the following recommendation of the
Markham Licensing Committee be adopted and confirmed:
1. That
the renewal application for 2005 from the owner for taxi driver’s licence 1740
be refused;
2. And that pursuant to section 25(1) of the Statutory Powers Procedure
Act, this decision not be stayed by any appeal of this decision that may be
instituted in the courts.
(12) MARKHAM
PUBLIC LIBRARY BOARD
EXCERPT FROM MINUTES OF JUNE
27, 2005 (6.0)
That the
excerpt from the minutes of the Markham Public Library Board meeting held on
June 27, 2005 expressing concern about the condition of the Markham Village
Branch, be received;
And that these
concerns be referred to staff to investigate financial implications and report
back to the August 29, 2005 General Committee meeting;
And that, if
the Chief Administrative Officer deems it necessary, the Mayor or Deputy Mayor
call a Special Council Meeting over the summer recess.
CARRIED
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
- JUNE 14, 2005
Moved by
Councillor A. Chiu
Seconded by
Councillor D. Horchik
That the
Minutes of the Council Meeting held on June 14, 2005, be adopted.
CARRIED
4. PRESENTATIONS
(1) FIVE
WITH D.R.I.V.E. (12.2.6)
Ms. Sarah Bell
and Ms. Melissa Bell, Spokespersons for Five with D.R.I.V.E., were in
attendance and highlighted their incredible journey of walking the entire length of Yonge
Street beginning July 1, 2005. Five with
D.R.I.V.E. believes that individuals show their leadership by their actions and
attitudes and not so much in the words they speak. They lead by example to demonstrate how
leaders make a difference in the lives of others, in taking action, caring and
motivating others to lend a helping hand.
The following
are the members of the Five with D.R.I.V.E.:
- Jody Chrobak
- Dan Rossi
- Jonathon
Mishrigi
- Andrew Rossi
- Mark
Macdonnell
(2) ONTARIO
HERITAGE FOUNDATION RECOGNITION (12.2 6)
Council presented
the Ontario Heritage Foundation Young Heritage Leader achievement pins and recognition
certificates to Adrian Ellison and Daniel Casella for their significant
voluntary contributions to cultural, natural and built heritage preservation.
(3) YORK
REGION ENVIRONMENTAL ALLIANCE (12.2.6)
Ms. Sari
Merson, York Region Environmental Alliance, presented the results of the
Anti-Idling Challenge held in May 2005.
She announced that the Town of Markham won by
obtaining 1,628 pledges versus the Town of Newmarket with
1,395 pledges.
(4) 2004
SILVER DOLPHIN AWARD (12.2.6, 6.5)
Council recognized
Andrea Louli of the Markham Aquatic Club as the 2004 Silver Dolphin National
and International Award winner and Mariyan Stipetic of the Markham Masters Club
as the 2004 Silver Dolphin Local and Provincial Award winner based on their outstanding
accomplishments.
5. DELEGATIONS
Council
consented to add Delegations (1) to (5).
(1) Sari
Merson, York Region Environmental Alliance, requesting to speak regarding the
proposed Pesticide By-law. She was
invited to attend the September, 2005 Public Meeting to express her opinion.
(5.7) (Clause (20), Report No. 22).
(2) Janet
May, Pesticide Free Ontario, requesting to speak regarding the proposed
Pesticide By-law. She was invited to
attend the September, 2005 Public Meeting to express her opinion. (5.7) (Clause
(20), Report No. 22).
(3) Ray
Smylie in objection to the application to permit restaurant use at 150 Main Street,
Unionville. He also noted items that
should be included in the conditions of approval: air conditioned waste
collection area and appropriate screening and buffering be provided for the
waste bins. (10.3, 10.5) (Clause (19), Report No. 23).
(4) Greg
McCormick, on behalf of the Unionville BIA, in objection to the application to
permit restaurant use at 150 Main Street,
Unionville, and expressing concern about a possible parking crisis on Main Street,
Unionville. (10.3, 10.5) (Clause (19), Report No. 23).
(5) Greg
McCormick, on behalf of the Unionville BIA, commending Council on the
beautification of the main streets of the Town of Markham with the
addition of flowers and requesting that the Unionville BIA be relieved of its
obligation to contribute towards the flowers on Main Street,
Unionville. (5.7) (Clause (22), Report No. 22).
6. PETITIONS
(1) USE OF STREET NAME LAHORE ROAD IN MARKHAM (10.14)
Moved by
Councillor E. Shapero
Seconded by
Councillor J. Virgilio
Petition
signed by the residents objecting to the use of the street name Lahore Road in
the Town of Markham.
RECEIVED AND REFERRED TO
COMMISSIONER OF DEVELOPMENT SERVICES
7(a) REPORT NO. 22 - GENERAL COMMITTEE
Council
consented to separate Clauses (2), (7), (8), (14), (15), (19), (20), (21) and
(32).
Moved
by Councillor A. Chiu
Seconded
by Councillor J. Virgilio
That
Report No. 22 - General Committee be received and adopted.
June 20, 2005
(1) MARKHAM ARTS COUNCIL
PRESENTATION
REQUEST FOR FUNDING (7.6 &
12.2.6)
That the presentation of Ms. Judi McIntyre requesting funding for the Markham
Arts Council be received;
And
that funding in the amount of $15,000.00 be approved for the Markham Arts
Council in accordance with the recommendation from the Grants Sub-Committee.
CARRIED
(2) AMENDMENT TO BY-LAW
4-2000 – A BY-LAW TO APPOINT
A CHIEF ADMINISTRATIVE OFFICER
(2.0 & 10.6 & 16.23) Report
That By-law 4-2000 be amended to delegate authority to the Chief
Administrative Officer, or designate, to call public meetings; grant site plan
approval; grant extensions and minor revisions to draft plan approvals; approve
street names; grant draft plan or condominium approval; initiate special
advertising and be authorized to act on any general administrative issues that
may be necessary in the absence of Council during the annual summer break
between the last meeting in June or July, as the case may be, and the next
regular Council meeting except as noted in this report in which case the
General Committee shall be the delegated approval authority;
And that By-law 4-2000 be amended to authorize the Chief Administrative
Officer to award any required contracts greater than $350,000 for the annual
Council summer break between the last meeting in June or July, as the case may
be, and the next regular Council meeting By-law which are in compliance with
the Town’s Purchasing By-law and which are within budget as approved by
Council;
And that the Treasurer report back every September to the General
Committee as to the awards made by the Chief Administrative Officer.
(By-law 2005-187)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional
Councillor J. Heath
Seconded by
Councillor A. Chiu
That Clause (2),
Report No. 22 be amended to:
Paragraph
1
Add "…, as the case may be,…" after the words"…between
the last meeting in June or July…", delete the words "…first meeting
in August,…" and substitute with "….next regular Council
meeting,…".
Paragraph 2
Add "…, as the case may be,…" after
the words"…between the last meeting in June or July…", delete the
words "…first meeting in August,…" and substitute with "….next
regular Council meeting,…".
CARRIED
(3) DEVELOPMENT CHARGES
INDEXING (7.11) Report 1
That the report titled “Development Charges Indexing” be received;
And that Council approve an increase in development charges of 1.42%,
effective July 1, 2005.
(4) TENDER AWARD #090-T-05
REPLACEMENT
OF 18TH AVENUE BRIDGE OVER BRUCE CREEK(7.12.2 & 5.10) Report
That
the report entitled “Tender Award #090-T-05 Replacement of 18th
Avenue Bridge Over Bruce Creek” be received;
And
that the contract for tender #090-T-05 Replacement of 18th Avenue
Bridge Over Bruce Creek be awarded to the lowest priced bidder, Torbridge
Construction Ltd. in the amount of $448,130.84 exclusive of GST;
And
that $45,000 be established as a contingency for this project, the use of which
will be guided by the Expenditure Control Policy;
And
that funds are provided for in Capital Works ROW’s 2005 Capital Budget Account
# 58 6150 6581 005 Bridges and Culvert Improvement Program in the total amount
of $1,300,000.
(5) RFP AWARD 032-R-05,
WASTEWATER COLLECTION
SYSTEM REHABILITATION AND
MAINTENANCE
ON VARIOUS STREETS (7.12.1
& 5.3) Report
That the report entitled “RFP Award – 032-R-05, Wastewater Collection
System Rehabilitation and Maintenance on Various Streets” be received;
And that RFP 032-R-05 for “Wastewater Collection System Rehabilitation
and Maintenance on Various Streets” be awarded to the lowest priced bidder,
Liqui-Force Services (Ontario) Inc., in the total amount of $764,970
exclusive of GST;
And that a separate blanket purchase order be issued for contingency in
the amount of $60,710.97 exclusive of GST, the use of which will be governed by
the Expenditure Control Policy;
And further that the award be funded from Waterworks Capital Account as
follows:
Year Project
Name Account
# Budget
Remaining
2004 Sewer System Upgrade 53-6150-6015-005 $ 206,880.97
2004 Sewer Works – Infiltration Control 53-6150-6016-005 $ 438,800.00
2005 Sewer System Upgrade 53-6150-6674-005 $ 180,000.00
TOTAL: $
825,680.97
(6) TENDER AWARD - 107-T-05
MICROSOFT
LICENSING AGREEMENT (7.13
& 7.12) Report
That
the report dated June 20, 2005, entitled “Tender Award – 107-T-05, Microsoft
Licencing Agreement” be received;
And
that Tender 107-T-05 for “Microsoft Licensing Agreement” be awarded to the
overall lowest priced bidder, ASAP Software Express, Inc., for a term of three
years beginning December 1, 2004 until November 30, 2007 for:
- Part A: Microsoft
Enterprise Agreement in the estimated total amount of $784,605 ($261,535
annually) inclusive of 8% PST and exclusive of GST;
- Part B: Microsoft Select
Agreement in the estimated amount of $65,578.40 for 2005 purchases as
outlined in Appendix A (Part B), inclusive of 8% PST and exclusive of GST:
- Part C: the Fixed Discount
Rate of 19.76% be accepted for all purchases of products under the
Microsoft Select Agreement (Part B);
And
that staff be authorized to enter into a 3-year Enterprise Agreement and Select
Agreement with Microsoft Canada and ASAP Software Express, Inc in a form
satisfactory to the Town Solicitor for the Provision of the licensing of
Microsoft desktop and server products at discounted rates;
And that
the Mayor and the Town Clerk be authorized to execute the agreement;
And
that the 2005 Enterprise Agreement (Part A) annual payment will be funded from
ITS Department’s 2005 Capital Account 49-5350-6738-005, ITS Base Architecture,
in the amount of $261,535, inclusive of 8% PST and exclusive of GST;
And
that the 2005 licensing requirements for Microsoft products covered by the
Select Agreement (Part B) be funded from ITS Department’s 2005 Capital Budget,
Account # 049-5350-6738-005 in the amount of $65,578.40; inclusive of 8% PST
and exclusive of GST.
CARRIED
(7) MARKHAM ENVIRONMENTAL
SUSTAINABILITY FUND
SPRING FUNDING (5.7) Report
That
staff report titled “Markham Environmental Sustainability Fund – Spring
Funding”, dated June 20, 2005 be received;
And
that Council approve the three projects evaluated and recommended by staff and
the Environmental Issues Committee in the amount of $14,000, as outlined in the
Financial Considerations section of this report, to be funded from the Markham
Environmental Sustainability Fund (MESF), Account #87 2800168;
And
that in future a maximum of 3 schools shall receive funding per selection cycle
to a maximum of $5,000 each;
And
that formal cheque presentations to these applicants be scheduled for a Council
meeting in the fall of 2005, together with the applicants who receive funding
in the fall;
And
that the matter of funding for wildlife services and the inquiry from the
Toronto Wildlife Centre be considered as part of the Town’s review of the
animal care and sheltering program and the 2006 Budget review;
And
further that staff continue with advertising the Markham Environmental
Sustainability Fund and soliciting applications for the balance of the 2005.
CARRIED AS AMENDED
(See following motion to amend)
Moved by
Councillor D. Horchik
Seconded by
Regional Councillor J. Heath
That Clause (7), Report No. 22 be amended to
add "…to a maximum of $5,000 each" to the end of paragraph 3.
CARRIED
(8) PARKING CONTROL BY-LAW
(2.17) Report
That a
consolidated by-law be enacted to govern and control the parking of vehicles in
the Town.
(By-law 2005-188)
CARRIED
(9) UP-FRONTING OF THE DESIGN AND CONSTRUCTION OF
TWO PARKS IN THE BOXGROVE COMMUNITY
BY BOX GROVE HILL DEVELOPMENTS INC. (6.3 & 10.7) Report
That
the report dated June 20, 2005, to General Committee, entitled “Up-fronting of
the Design and Construction of Two Parks in the Box Grove
Community by Box Grove Hill Developments Inc.” be received;
And
that Council approve the request by Box Grove Hill Developments Inc. to
up-front the cost of design, construction and contract administration of two
parks identified as Block 737 (0.286 ha or 0.707 ac) and Block 738 (0.278 ha or
0.686 ac) in draft plan of subdivision 19TM-030012, subject to the following
conditions:
1. That Box Grove Hill developments Inc. up-front
the cost of the design, construction and contract administration of these two
parks to a minimum value of $135,000.00 per acre which totals approximately
$188,055.00 inclusive of all applicable taxes;
2. That Box Grove Hill Developments Inc. contribute
an additional $50,000.00 for a gazebo structure in Block 738 to be built at the
time that the park is constructed;
3. That, subject to compliance with these terms
and conditions, the Town of Markham reimburse Box Grove Hill Developments Inc.
up to $188,055.00 towards this project from development charges for park
development under the understanding that Box Grove Hill Developments Inc. may
contribute additional funds above this amount (which includes the $50,000.00
noted above), which will not be reimbursable by the Town, towards the
development of these parks;
4. That the Town reimburse Box Grove Hill
Developments 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 two parks up to a maximum of
$188,055.00, 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 $188,055.00) at the
building permit stage for residential lots within the Box Grove Community to
warrant repayment in full to the maximum allowable. No interest on such
invoices shall be payable by the Town;
5. That owners / developers within the Box Grove
Community, including Box Grove Hill Developments 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 Box Grove Community;
6. That Box Grove Hill Developments 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;
7. That Box Grove Hill Developments 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 applicable, as
well as review and approval by the Planning and Urban Design Department in consultation with the Parks
Operations Department;
8. That Box Grove Hill Developments 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. Costs for the 2 year maintenance
contract are the responsibility of Box Grove Hill Developments Inc.;
9. That, notwithstanding the requirement noted
above in Condition (8), Box Grove Hill Developments Inc. shall also maintain
the park to Town standards, from the time that it is built until such time as
the parks would normally have been built (identified in the Town’s Development
Charges Study as 2007 and 2008). The Town will not reimburse Box Grove Hill
Developments for costs associated with this additional maintenance obligation
for the park;
10. That these parks be included in the Urban Design, Development Services Commission, 2007 Capital
Budget submission which will include the amount to be reimbursed and the
internal consulting fees.
(10) UP-FRONTING OF THE
DESIGN AND CONSTRUCTION OF
TWO PARKETTES AND ONE
NEIGHBOURHOOD PARK
IN THE GRAND CORNELL COMMUNITY
BY LINDVEST
PROPERTIES (CORNELL) LTD. (6.3
& 10.7) Report
That
the report dated June 20, 2005, to General Committee, entitled “Up-fronting of the Design and Construction
of Two Parkettes and One Neighbourhood Park in the Grand Cornell Community by
Lindvest Properties (Cornell) Ltd.” be received;
And
that Council approve the request by Lindvest Properties (Cornell) Ltd. to up-front
the cost of design, construction and contract administration of two parkettes
identified as Block 259 (0.40 ha or 0.988ac) and Block 260 (0.32 ha or 0.79 ac)
and one neighbourhood park identified as Block 257 (2.82 ha or 6.96 ac) in
draft plan of subdivision 19T-02001, Phase 1A, subject to the following
conditions:
1. That Lindvest Properties (Cornell) Ltd.
up-front the cost of the design, construction and contract administration of
these three parks to a minimum value of $135,000.00 per acre which totals
approximately $1,179,630.00 inclusive of all applicable taxes;
2. That, when approved through the draft plan of
subdivision, Lindvest Properties (Cornell) Ltd. contribute additional funding
in an amount not less that $290,000.00 for the design, construction and
contract administration of a clock tower and associated landscaping in Block
260 and maintain this clock tower and associated landscaping to Town standards
from the time that it is built until such time as the park is assumed by the
Town for maintenance. The owner acknowledges and agrees to make appropriate
arrangements with the Town through the draft plan of subdivision 19T-02001,
Phase 1A, to address the long-term maintenance requirements of the clock tower;
3. That, subject to compliance with these terms
and conditions, the Town of Markham reimburse Lindvest Properties (Cornell)
Ltd. up to $1,179,630.00 towards this project from development charges for park
development under the understanding that Lindvest Properties (Cornell) Ltd. may
contribute additional funds above this amount (which includes the $290,000.00
noted above), which will not be reimbursable by the Town, towards the
development of these parks;
4. That the Town reimburse Lindvest Properties
(Cornell) 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 these three parks up to a maximum of
$1,179,630.00, 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 $1,179,630.00) at the
building permit stage for residential lots within the Grand Cornell Community
to warrant repayment in full to the maximum allowable. No interest on such
invoices shall be payable by the Town;
5. That owners / developers within the Grand Cornell
Community, including Lindvest Properties (Cornell) 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 Grand Cornell Community;
6. That Lindvest Properties (Cornell) 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;
7. That Lindvest Properties (Cornell) 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 applicable, as
well as review and approval by the Planning and Urban Design Department in consultation with the Parks
Operations Department;
8. That Lindvest Properties (Cornell) 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 parks to the Town’s
satisfaction as part of the tendered works. Costs for the 2 year maintenance
contract are the responsibility of Lindvest Properties (Cornell) Ltd.;
9. That notwithstanding the requirement noted
above in Condition (8), Lindvest Properties (Cornell) Ltd. shall also maintain
the parks to Town standards, from the time that they are built until such time
as the park would normally have been built (identified in the Town’s
Development Charges Study as 2007 and 2008). The Town will not reimburse
Lindvest Properties (Cornell) Ltd. for costs associated with this additional maintenance
obligation for the park;
10. That these parks be included in the Urban Design, Development Services Commission, 2007 Capital
Budget submission which will include the amount to be reimbursed and internal
consulting fees.
(11) TOWN OF MARKHAM AND KEVIN
THISTLE PARTNERSHIP (12.2.6
& 3.19 & 6.6) Report
That a
non-exclusive partnership between the Town of Markham and Kevin Thistle for
Personally Naming a small section in the children’s story nook corner, by
hanging a small personalized plaque at the Angus Glen Library in the amount of
$3,000 per year be approved by Council;
And
that a Community Partnership agreement between Kevin Thistle and the Town of
Markham be prepared, consisting of a legal agreement outlining the terms and
conditions;
And
that Council authorize the Mayor and Clerk to execute this agreement in a form
satisfactory to the Town Solicitor;
And
that the Community Partnership Coordinator work with internal stakeholders to
implement and service the partnership;
And
that the $3,000 per year revenue be allocated as follows:
- $800 a one time fee, to
design the naming plaque
- The $3,000 annual payments
be directed to the Town of Markham Public Libraries revenue account.
(12) AMENDMENT TO DEVELOPMENT
FEE BY-LAWS
DEVELOPMENT SERVICES
COMMISSION (10.13 & 2.0) Report 1 2 3 4 5
6
That the report titled “Amendment to Development Fee By-laws,
Development Services Commission” 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;
And that By-law No. 145-93, “A By-Law Under the Building Code Act,
1992, Respecting Permits and Related Matters”, be repealed;
And that a new Building By-law, attached as Attachment “B”, be enacted;
And that a Development Fee Reserve be
established to stabilize development fee rates and to fund actual shortfalls in
Building, Engineering and Planning in future years;
And that future year-end surpluses from
Building, Engineering and Planning fees (net of direct
and indirect costs) be transferred into the Development Fee Reserve;
And that staff report back in Fall, 2005 with
further adjustments to the Fee By-law for development applications within the Engineering and Planning/Urban Design Departments, after completing a more detailed
cost analysis of each service (application type), and after further discussion
with the development community.
(By-laws 2005-189 and 2005-190)
(13) NOISE BY-LAW EXEMPTION
(2.10) Report
That the information provided by Mr. G. Daniel, Carisound, regarding
the event planned for July 31, 2005 be received;
And that the Caribbean Music Fest Committee be granted an exemption
from the Noise By-Law for an outdoor event to be held on July 31, 2005 from
2:00 p.m. to midnight in a tent located on the Shangri-La Convention Centre
(Court Yard) property at 50 Esna Park Drive that will feature live amplified
music;
And that noise abatement measures be installed in order that sound be
directed northwards to Highway 407.
(14) TENDER AWARD - #098-T-05
– UPPER MILNE CREEK
REHABILITATION (7.12.1) Report
That the report entitled “Tender Award #098-T-05 Upper Milne Creek
Rehabilitation” be received;
And that the contract for tender #098-T-05 Upper Milne Creek
Rehabilitation be awarded to the lowest priced bidder, Dynex Construction Ltd.
in the amount of $418,375.94 inclusive of 7% GST ($391,005.55 exclusive of
GST);
And that the tendering process for the retention of the consulting firm
be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7 (1)
which states “When any of the following conditions apply, the Treasurer and the
Manager of Purchasing may, in consultation with the appropriate Director,
negotiate a contract for the supply of goods and services without a competitive
process, which shall be submitted to the Chief Administrative Officer for
approval…(c) when the extension of an existing contract would prove more
cost-effective or beneficial;
And that staff be authorized to retain the consulting firm of
Harrington and Hoyle Ltd to provide construction inspection and contract
administration services during construction of the project to an upset limit of
$52,328.35 inclusive of 7% GST ($48,905 exclusive of GST);
And that funds are provided for in the Engineering Department’s 2005
Capital Budget Account # 83-5350 6777 005 Downstream River Improvement Work
Program in the amount of $500,000.00;
And that a contingency amount of $42,800.00 inclusive of 7% GST
($40,000.00 exclusive of GST) be established to cover any additional
construction costs and that the Director of Engineering be authorized to
approve expenditure of this contingency amount up to the specified limit and to
provide monthly statements of these expenditures to the Town Treasurer;
And that upon payment of all invoices, any remaining funds will be
returned to the original funding source.
CARRIED
(15) FUNDING REQUEST FOR TOWN
CRIER
COMPETITION (7.0 & 11.12
& 16.23) Report
That the report dated June 20, 2005 entitled “Funding Request for Town
Crier Competition” be received;
And that the Town Crier, John Webster be authorized to attend the two
Town Crier competitions in Australia on behalf of the Town of Markham with the
Town funding the expenses for airfare, accommodations and meals at an
approximate cost of $3,800 from the Corporate Contingency account
#840-841-7849;
And that staff develop a Town policy on the extent of the support to be
given to the Town Crier in future, with reference to the support given by other
municipalities.
CARRIED
(See following recorded vote)
(7:1)
(Councillor J. Webster abstained)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey. (7)
NAYS: Councillor
D. Horchik (1)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor J. Webster, Councillor K.
Usman, Councillor A. Chiu. (5)
(16) AMENDMENT TO FEE BY-LAW 2002-276 TO INCLUDE
A CHARGE FOR GREEN BINS AND KITCHEN
COLLECTORS’ (5.7) Report
That the Report entitled Amendment to Fee By-law 2002-276 to include a charge for Green Bins and Kitchen Collectors’ be received;
And
that Fee By-law 2002-276, be amended to include a charge of $18.00 per unit for
a Green Bin, $5.00 per unit for a Kitchen Collector, and a combined fee of
$25.00 per housing unit to be included in all Subdivision Agreements;
And
that notice to the public be provided in accordance with By-law 2002-275, a
By-law to prescribe the form and manner and times for the provision of
reasonable notice.
(By-law 2005-191)
(17) 2004 SILVER DOLPHIN AWARD
(12.2.6 & 6.5) Report
That the report entitled 2004 Silver
Dolphin Award be received;
And that Council recognizes Andrea Louli of
the Markham Aquatic Club as the 2004 Silver Dolphin National and International
Award winner based on her outstanding accomplishments;
And that Council recognizes Mariyan Stipetic
of the Markham Masters Club as the 2004 Silver Dolphin Local and Provincial
Award winner based on his outstanding accomplishments.
(18) THORNHILL LOWER FLOOR FEASIBILITY
STUDY (6.6) Report
That
the report entitled “Thornhill Community Centre, Lower Level Feasibility Study”
be received;
And
that staff be authorized to retain the services of Oleson Worland_Taylor Smyth
Architects to conduct the feasibility study in the amount of $10,000 (exclusive
of GST), to be funded from the 2005 Recreation Department Capital Budget,
project 70 5399 6543 005, titled “Thornhill Community Centre Lower Level
Feasibility Study”.
(19) MARKHAM MUSEUM MASTER PLAN – PHASE I
BUSINESS PLAN (6.7)
Report Presentation a
b c
d e f g
That the report
entitled Museum Master
Plan Phase I Business Plan be received;
And that Council
approve the Museum Mission, Vision and Mandate statements recommended in the
Institutional Plan component of the Master Plan and described in Appendix A;
And that Council
review the recommended policy changes and strategic initiatives for the Phase I
Collections Plan (Appendix B) segment of the Museum
Master Plan;
And that Council
direct Museum staff to develop revised Collections Policies aligned with the
strategic directions described in the Museum Master Plan;
And that the
expenditure of $1.2 million on the Heritage Carnival and the Celebration Field
be reviewed by staff and a further report come back as to whether to proceed
with the advancement of the Children’s Museum in Phase 1.
CARRIED
(20) PESTICIDE FOLLOW-UP REPORT AND
BY-LAW (5.7) Report 1 2 3 4
Council
consented to a division of the question.
That
the deputations from Mr. G. Forman, Canadian Association of Physicians for the
Environment, and Ms. S. Merson, York Region Environmental Alliance in support
of a Pesticide by-law in Markham be received;
And
that the Markham Staff report entitled Pesticide By-law-Town of Markham, dated June 20, 2005, be received;
And
that Staff proceed with the preparation of a draft Pesticide By-law, with
options from other municipalities, to restrict “non-essential” use of
pesticides based upon the precautionary principle and utilizing research
undertaken by the City of Toronto regarding the potential health impacts
associated with pesticide use;
And
that the Region of York Medical Officer of Health be requested to supply an
opinion on the use of pesticides to the Town of Markham;
And
that a Town Hall meeting be convened at the earliest possible date
incorporating a facilitator and an expert panel to be comprised of four (4)
persons to outline the pros and cons of implementing a Toronto style Pesticide
By-law and other options from other municipalities, following which input will
be invited from residents;
And
that the cost of a facilitator’s and panel members' services, to an upset limit
of $25,000, be funded from the 2005 operating budget approved for
Pesticide-Free parks;
And
that the Town of Markham Staff report back on the findings of the public
consultation and on the steps necessary to implement a Pesticide By-law,
including: phasing, financial implications, and educational/enforcement
programs;
And
that the Minister of the Environment be requested to take leadership to
uniformly and consistently address the issues of “non-essential” use of
pesticides on lawns and gardens by homeowners and local applicators in urban
municipalities across the Province.
CARRIED AS AMENDED
(See following motions to amend)
(See following recorded votes)
Moved by Councillor A. Chiu
Seconded by Councillor J. Virgilio
That Clause (20), Report No. 22, paragraph 1,
2, 4, 6, 7, and 8 be adopted as written.
CARRIED
Moved by Regional Councillor J. Heath
Seconded by Councillor E. Shapero
That Clause (20), Report No. 22, Paragraph 3 be amended to add
"…the preparation of a draft…" after the words "…staff proceed
with…" and add "…,with options from other municipalities,…"
after the words "…Pesticide By-law…".
CARRIED
(See following recorded vote) (7:3)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor J. Virgilio, Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (7)
NAYS: Regional
Councillor J. Jones, Councillor S. Daurio, Councillor G. McKelvey. (3)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
Moved by Regional Councillor J. Jones
Seconded by Councillor S. Daurio
That Clause (20), Report No. 22, Paragraph 5
be amended to add the words "…implementing a Toronto style…" after the words "…pros and
cons of…" and add the words "…and other options from other
municipalities…" after the words Pesticide By-law…"
CARRIED
(See following recorded vote) (10:0)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu.
(10)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Clause (20), Report No. 22, Paragraph 6
be amended to add the words"…and panel members'…" after the words
"…cost of a facilitator's…".
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Clause (20), Report No. 22 be amended to
delete Paragraph 3 in its entirety.
LOST
(See following recorded vote which was Lost)
(5:5)
YEAS: Councillor
S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey, Councillor D.
Horchik, Councillor A. Chiu. (5)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero, Councillor J. Webster. (5)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Clause (20), Report No. 22, Paragraph 5
be amended to delete the words "…a Pesticide By-law following which input
will be invited from residents;" from the end of the paragraph and replace
them with the words "…Pesticide use;".
LOST
(See following recorded vote which was Lost) (4:6)
YEAS: Councillor
S. Daurio, Councillor G. McKelvey, Councillor D. Horchik, Councillor A. Chiu.
(4)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero, Councillor J. Virgilio, Councillor J. Webster. (6)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
Moved by Councillor E. Shapero
Seconded by Regional Councillor J. Jones
That Clause (20), Report No. 22, Paragraph 5
be amended to delete the words "…Town Hall …" before the words
"…meeting be convened …" and replace them with the words "…
public consultation …".
LOST
(See following recorded vote which was Lost) (4:6)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero, Councillor
J. Webster. (4)
NAYS: Regional
Councillor J. Jones, Councillor S. Daurio, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor D. Horchik, Councillor A. Chiu. (6)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
(21) PROPOSED IDLING CONTROL BY-LAW AND
ENFORCEMENT PROGRAM (5.7) Report
That the staff report entitled Report on Proposed Idling
Control By-law and Enforcement Program dated June 20, 2005 be
received;
And that an idling control by-law to prohibit unnecessary idling of
vehicles within the Town of Markham, as described in this report, be brought
forward for adoption;
And that language be included in the By-law to allow the Officer some
discretion in situations of extreme heat and cold;
And that Corporate Communications staff assist in the developing of
advertising strategies to inform the public about the by-law;
And that the proposed by-law enforcement program, as outlined in this
report, be adopted and that funding from Natural Resources Canada and Clean Air
Partnership be received and used towards that program.
(By-law 2005-192)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor S. Daurio
Seconded by Councillor J. Virgilio
That Clause (21), Report No. 22 be amended to
add the following as paragraph 3:
"And that language be included in the
By-law to allow the Officer some discretion in situations of extreme heat and
cold;"
CARRIED
(22) RECOMMENDATIONS FOR HORTICULTURAL
STREETSCAPE ENHANCEMENTS (5.7) Report
That the staff report entitled
“Recommendations for Horticultural Streetscape Enhancements”, dated June 20,
2005, be received;
And that Council
direct the following actions be taken:
i)
Spend $127,300 as identified in the 2005
Operating budget on the installation of baskets/barrels on both sides of
Middlefield Road (between 14th Avenue and Steeles Avenue) to address
immediate needs of the Milliken Mills community for horticultural streetscape
enhancements;
ii)
That horticultural streetscape enhancements not
be introduced onto Elson Street, as requested, since it is a “frontlotted”
street;
iii)
Streetscape study and plans for low-maintenance/permanent
plantings on Denison Street (between the Fire Station near Birchmount Road and
Markham Road) and Middlefield Road (between 14th Avenue and Steeles
Avenue) be prepared by a consultant, hired and supervised by Urban Design staff
to an upset cost limit of $50,000, to replace existing/approved basket/barrel
streetscape enhancements in the long-term;
iv)
That $25,000 of the $50,000 program be funded
from the 2005 Corporate Contingency Account and $25,000 be funded from the base
2006 basket/barrel Operating Budget;
v)
That the Kennedy Road streetscape between
Highglen Avenue and Steeles Avenue be reviewed by Urban Design staff during the
course of redevelopment and that permanent, low maintenance plantings be
secured through development approvals over time to replace the
existing/approved baskets and barrels program in the long-term;
vi)
That the recommended Policy for Horticultural
Streetscape Enhancements, as described in this report be brought forward for
Council approval together with the streetscape plans described in item iii) in
the spring of 2006;
And
that no further baskets or barrels of flowers are approved in the Town pending
the adoption of a long-term policy for horticultural enhancements.
(23) ELSON STREET AND
EASTVALE DRIVE -
ADULT SCHOOL CROSSING GUARD
SERVICE (3.16) Report 1
That the staff report entitled “Elson Street and Eastvale Drive – Adult
School Crossing Guard Service” be approved;
And that the Engineering Department be authorized to establish an adult
school crossing guard service at the intersection of Elson Street and Eastvale
Drive at a cost of $4,555.00 per year, exclusive of GST, starting September
2005 to be funded from account 640-998-5642;
And that the Operations and Asset Management Department be directed to
install school crossing signs and crosswalk pavement markings at the
intersection of Elson Street and Eastvale Drive before the commencement of the
2005/2006 school year.
(24) DAYTIME PERMIT PARKING PROPOSAL
RIVERLANDS DRIVE, COUNTRY GLEN ROAD
AND WALKERVILLE ROAD (5.12.4) Report
1
That
the deputation from Mr. L. Barata regarding parking restrictions on Walkerville
Avenue and the need for additional traffic control measures in the area be
received;
And that
the Town’s consolidated Parking By-law be amended to include a new Schedule 10
for “Daytime Permit Parking” on Riverlands Avenue, Country Glen Road and
Walkerville Road as shown in Attachment B;
And
that the Operations and Asset Management Department be directed to install the
appropriate signs, before September 2005, upon approval of the attached by-law;
And
that the Parking Control Department be directed to issue the daytime permit
parking permits to the respective residents and enforce the attached by-law.
(By-laws 2005-193 and 2005-194)
(25) SMART COMMUTE 404-7
(TMA)
TRANSPORTATION MANAGEMENT ASSOCIATION
(5.14) Report
That the Mayor and Town Clerk be authorized to execute a Memorandum of
Understanding (MOU) and all other related documents, between the Town of
Markham, Town of Richmond Hill, Markham Board of Trade, Richmond Hill Chamber
of Commerce and the Regional Municipality of York, to the satisfaction of the
Director of Engineering, Town Solicitor and the Chief Administrative Officer to
establish the Smart Commute 404-7 Transportation Management Association;
And Councillor E. Shapero be appointed to act as the Town
representative on the Smart Commute 404-7 Program Committee, with Councillor S.
Daurio acting as alternate;
And that the tendering process be waived in accordance with Purchasing
By-law 2004-341, Part II, Section 7 (1) which states “When any of the following
conditions apply, the Treasurer and the Manager of Purchasing may, in
consultation with the appropriate Director, negotiate a contract for the supply
of goods and services without a competitive process, which shall be submitted
to the Chief Administrative Officer for approval...
(h) where it is necessary or in the best
interests of the Town to acquire non-standard items or Consulting and
Professional Services from a preferred supplier or from a supplier who has a
proven track record with the Town in terms of pricing, quality and service”;
And that the Town of Markham enter into a contract with the Markham
Board of Trade, for the provision of consulting services and a commuter options
program for Markham businesses with an upset limit of $43,000 for the balance
of 2005 (July-December), funding for which is included in the Engineering
Department Capital Projects #6141 and #6504 (Urban Transportation Showcase
Program);
And that York Region Transit be requested to include Smart Commute
404-7 as a participant of the YRT – Volume Incentive Pilot program.
(26) HIGHWAY 404 MID-BLOCK CROSSING
BETWEEN HIGHWAY 7 AND 16TH AVENUE
CLASS ENVIRONMENTAL ASSESSMENT (5.10) Report 1
That the report entitled “Highway 404 Mid-Block Crossing Between
Highway 7 and 16th Avenue Class Environmental Assessment” be received;
And that the preferred alternative for the mid-block crossing as
described in this report be endorsed;
And that Town engineering staff be authorized, in conjunction with the
Region of York and the Town of Richmond Hill, to hold the final Public
Consultation Centre during June 2005 to present the recommended alternative;
And that any comments received during the final Public Consultation
Centre be incorporated into the Environmental Study Report for the project;
And that Town engineering staff, in conjunction with the Region of York
and the Town of Richmond Hill, be authorized to file the Environmental Study
Report for the mandatory 30-day review period.
(27) REGION OF YORK CLASS ENVIRONMENTAL ASSESSMENT
YORK/DURHAM LINE (Y.R. 30)
STEELES AVENUE TO HIGHWAY 7 (5.10) Report
That the staff report entitled “Region of York Class Environmental
Assessment, York/Durham Line (Y.R. 30) Steeles Avenue to Highway 7” dated June
13, 2005 be received;
And that the preferred design for the widening and
realignment of the York/Durham Line as described in the Environmental Study
Report prepared by the Region be endorsed subject to the following conditions:
- The Region coordinate with area residents
regarding the modifications to the intersection of 14th Avenue
and York/Durham Line;
- The Region prepare a Landscape Plan to
address restoration of lost vegetation;
- The Region, prior to the removal of any
vegetation, undertake a photographic documentation and mapping report
including the views and vistas of the roadway and the sidelines. The
report should be filed with the Markham Museum;
- Final design drawings and specifications
be submitted to the Town for review prior to the tender of the project
including engineering design drawings, traffic management plans, tree
preservation plans, stormwater management plans and erosion and sediment
control plans;
- The Region prepare a Communication Plan
prior to the start of construction to provide the public with details of
the proposed construction activities and project schedule;
- All construction activities comply with
all relevant Town by-laws, including hours of operation unless otherwise
approved by Markham Council.
And that the schedule for the widening and realignment
of York/Durham Line be subject to further consultation with the Region in
relation to Stage 1 and Stage 2;
And that Mr. K.
Schipper, Commissioner of Works, Region of York be advised
accordingly.
(28) REGIONAL TRAFFIC SIGNAL
PROGRAMME (5.12.1) Report
That
the staff report dated June, 20, 2005 entitled “Regional Traffic Signal
Programme” be received;
And
that staff report back with the candidate list of signal locations in Markham
where the Town may consider up-fronting costs for Regional traffic signals as
part of the 2006 budget process in accordance with the Region’s policy;
And
that the Region of York be requested to prepare a 10 year implementation plan
for signalization of Regional intersections in Markham;
And
that staff report back on a Regional 2006 and 10-year traffic signal programme
for the Town of Markham;
And that Kees Schipper,
Commissioner of Transportation and Works of the Regional Municipality of York,
be advised accordingly.
(29) THORNHILL VEHICULAR
INFILTRATION
PROPOSED TRAFFIC IMPROVEMENTS
(5.12) Report 1
That
the report entitled “Thornhill Vehicular Infiltration – Proposed Traffic
Improvements” dated June 20, 2005 be received;
And
that the Region of York be requested to implement the following mitigation
measures identified in the report entitled “Thornhill Vehicular Infiltration –
Proposed Traffic Improvements” by November 2005;
- Yonge Street at Grandview
Avenue: southbound left turn prohibition – 6:30 to 9:00 a.m.;
- Yonge Street at Woodward
Avenue: southbound left turn prohibition – 6:30 to 9:00 a.m.;
- Yonge Street at Highland
Park Boulevard: southbound left turn prohibition – 6:30 to 9:00 a.m.;
- Bayview Avenue at Proctor
Avenue: southbound right turn prohibition – 6:30 to 9:00 a.m.;
- Yonge Street at Grandview
Avenue: westbound right turn prohibition – 4:00 to 7:00 p.m.;
- Yonge Street at Woodward
Avenue: westbound right turn prohibition – 4:00 to 7:00 p.m.;
- Yonge Street at Highland
Park Boulevard: westbound right turn prohibition – 4:00 to 7:00 p.m.;
- Yonge Street at Clark
Avenue: signal timing adjustments – 6:30 – 9:00 a.m.
- Yonge Street at Clark
Avenue: signal timing adjustments – 4:00 – 7:00 p.m.
And
that the City of Toronto be requested to implement the following mitigation
measures identified in the report entitled “Thornhill Vehicular Infiltration –
Proposed Traffic Improvements”:
- Yonge Street and Steeles
Avenue: signal timing adjustments – 6:30 – 9:00 a.m.
- Yonge Street and Steeles
Avenue: signal timing adjustments – 4:00 – 7:00 p.m.
- Steeles Avenue and
Willowdale Road: signal timing adjustments – 6:30 – 9:00 a.m.
- Steeles Avenue and
Willowdale Road: signal timing adjustments – 4:00 – 7:00 p.m.
And
that the York Regional Police Department be requested to enforce the proposed
turn prohibitions immediately following the sign installation;
And
that Engineering staff monitor and modify, as required, the various mitigation
measures in the spring of 2006;
And
that staff proceed with the tendering and installation of traffic control
signals at the intersection of Henderson Avenue and Proctor Avenue;
And
that members of the Thornhill Task Force be thanked for their assistance in the
process;
And that Brian Harrison, Director of Roads
Transportation of the Regional Municipality of York be advised accordingly;
And that Allen Pinkerton, Manager, Traffic
Operations/WES of the City of Toronto be advised
accordingly.
(30) TOWN OF RICHMOND HILL
HIGHWAY 407 WIDENING – HIGHWAY
400 TO HIGHWAY 404
AND NEED FOR FULL INTERCHANGE
AT LESLIE STREET (5.10)
That
the letter from the Town of Richmond Hill detailing a request to 407ETR to
initiate the necessary designs to construct a full interchange at Leslie Street
and Highway 407 at the same time as the highway widening is completed be endorsed;
And
that staff report back on the progress of this matter.
(31) CANADA DAY FUNDING (3.5)
That
Council approve $5,000.00 to the Canada Day Committee to pay for increased security at the Canada
Day festival.
CARRIED
(32) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- JUNE 20, 2005 (16.0)
CARRIED
7(b) REPORT NO. 23 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (1), (3),
(8), (13), (14), (18), (19) and (22).
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Report No. 23 - Development Services
Committee be received and adopted.
June 21, 2005
(1) MILLER PAVING LIMITED, 7781 WOODBINE AVENUE
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT A MAJOR SHOPPING
CENTRE
(OP 04 017217, ZA 04 017225) (10.3, 10.5)
That
the presentation by Jim
Kirk of Malone Given Parsons Ltd. and
Leo McArthur, both representing the applicant, Miller Paving Limited, regarding
revisions to the proposal at 7781 Woodbine Avenue, be received;
And that the letter dated June 27, 2005 from
Aird & Berlis, on behalf of Loblaw Properties Limited, forwarding an
objection to the application submitted by Miller Paving Limited to permit a
large format shopping centre at 7781 Woodbine Avenue and outlining background
information with respect thereto, be received;
And
that the application for Official Plan Amendment (File OP 04 017217) submitted
by Miller Paving Limited to permit a large format shopping centre at 7781
Woodbine Avenue, revised as presented on June 21, 2005, be approved in
principle;
And
that the site-specific Official Plan Amendment, along with the rationale for
approval, reflective of the Committee’s discussions, and the Zoning By-law
amendment (File ZA 04 017225) together with site plan and/or subdivision
approval applications, be brought forward at a later date.
CARRIED AS AMENDED
(See following recorded vote)
(6:4)
(See following motion to amend)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Webster, Councillor A. Chiu. (6)
NAYS: Regional
Councillor J. Heath, Councillor J. Virgilio, Councillor G. McKelvey, Councillor
D. Horchik. (4)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell, Councillor K. Usman. (3)
Moved by
Councillor G. McKelvey
Seconded by
Councillor D. Horchik
That Clause (1),
Report No. 23 be amended to add the following as paragraph 2:
"And that the letter dated June 27, 2005 from Aird & Berlis, on
behalf of Loblaw Properties Limited, forwarding an objection to the application
submitted by Miller Paving Limited to permit a large format shopping centre at
7781 Woodbine Avenue and outlining background information with respect thereto,
be received;"
CARRIED
(2) UNIONVILLE PLAYGROUND (6.3)
That
the staff presentation regarding the Unionville Playground be received;
And
that staff proceed with the detailed design and required TRCA approvals for the
“naturalized, non-traditional, playground options”;
And
that staff proceed with a construction tender for implementing “phase one” of
this project with the remaining funds in the current budget;
And
that additional funding be provided in the amount of $22,000 from Account
81-5350-6643-005.
(3) HERITAGE
MARKHAM COMMITTEE MINUTES
- June 8, 2005 (16.11) Minutes
That
the minutes of the Heritage Markham Committee meeting held June 8, 2005, be
received for information;
And that the
deputation by Ernie Couperthwaite, owner of 43 Albert Street, regarding item # 7 of the Heritage Markham Committee meeting held June 8, 2005, be received;
And that the
demolition of 43
Albert Street be approved,
upon site plan approval.
CARRIED
(See following motion to
reconsider which was Lost)
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That Clause (3), Item 9, Report No. 23
regarding design concepts submitted by Caliber Homes on James Walker Court in the Heritage Markham minutes
be reconsidered.
LOST
(4) NORVALLEY
HOMES LIMITED, 57 MAIN STREET
AND 1,3,5 RICHARD MAYNARD CRESCENT, UNIONVILLE
DRAFT PLAN OF SUBDIVISION AND
REZONING
(SU 03 118872, ZA 03 117259)
(10.5, 10.7) Report
That the Development Services Commission
Report entitled “Norvalley Homes Limited, Applications for Draft Plan of
Subdivision, and Rezoning, 57 Main
Street and 1, 3, 5 Richard Maynard Crescent, Unionville”, dated June 7, 2005,
be received;
And that the record of the Public Meeting
held on October 5, 2004 with respect to the applications for draft plan of
subdivision 19TM 03 0017 and the implementing zoning by-law be received;
And that Norvalley Homes Limited, in addition
to its existing allocation of 3 units, be granted a servicing allocation of
five units from the Town reserve, contingent on York Region confirming its
acceptance of Markham’s proposed flow control option, as discussed in the
February 15, 2005 report on Servicing Allocation from the Director of Engineering and the
Director of Planning and Urban Design (hereafter referred to as the “flow control
option”);
And that the Town reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner;
And that the
applicant agree to pay their proportionate share 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 conditions of draft approval for
draft plan of subdivision 19TM-030017 (Appendix ‘A’, attached to the staff
report dated June 21, 2005) be endorsed by Council, and that final approval be
delegated to the Commissioner of Development Services, with such final approval
to occur when the Region confirms the flow control option (or the project is
phased to allow the existing 3 units to proceed) and subject to the payment of
the required 30% subdivision processing fees in accordance with the Tariff of
Fees By-law;
And that the application to amend Zoning
By-law 122-72, as amended, be approved, and the by-law be brought forward to
Council for approval once the Region confirms its acceptance of the flow
control option (or the by-law is revised to place a holding provision on those
properties without a servicing allocation).
(By-law 2005-195)
(5) STRINGBRIDGE INVESTMENTS LIMITED AND
TIMES INVESTMENTS LIMITED, SOUTHWEST CORNER
OF HIGHWAY 7 AND SOUTH TOWN
CENTRE BOULEVARD
BY-LAW AMENDMENT AND PRECINCT
PLAN (ZA 04-024490) (10.5) Report
That
the staff report entitled “Recommendation Report, Stringbridge Investments
Limited, Times Investments Limited, By-law Amendment and Precinct Plan,
Southwest Corner of Highway 7 and South Town Centre Boulevard, (File number ZA
04-024490)” be received;
And that the
revised Precinct Plan for the 7.12 hectare (17.6 acre) Stringbridge Investments
Limited and Times Investment Land Holdings be approved;
And that
Appendix I to the Central Area Secondary Plan (OPA 21) be amended to reflect
the changes in the Warden West Development Phasing Plan;
And that the
zoning By-law amendment application (ZA 04-024490) to remove the lands from
By-law 177-96, as amended, and to add them to Bylaw 2004-196, as amended
submitted by Stringbridge Investments Limited and Times Investments Limited, be
finalized and enacted;
And that the
Traffic and Transportation study be finalized to the satisfaction of the
Commissioner of Development Services.
(By-laws 2005-196 & 2005-197)
(6) JOSHUA MILLER HOUSE, 10192 NINTH LINE
ELIGIBILITY FOR RELOCATION TO
MARKHAM
HERITAGE ESTATES (16.11) Report 1
That Council declare the vacant heritage house known as
the “Joshua Miller House,” located at 10192 Ninth Line, eligible for relocation
to Markham Heritage Estates;
And that as a condition of Site Plan Approval for the
Joshua Miller House, an architectural restoration plan based on thorough
research by a qualified heritage resource consultant will be required.
(7) ACCEPTANCE FOR MAINTENANCE OF RESIDENTIAL
SUBDIVISIONS, REGISTERED PLAN
NUMBERS:
65M-3551, 65M-3593, 65M-3654
AND 65R-19051 (PARTS 3 AND 11)
ENG. FILE #'S: 2058 PHASE 6,
2141 PHASES L & 2 AND 91-34 (10.7)
Report 1 2 3 4 By-law By-law
That the services in Subdivision, Registered Plan
Numbers 65M-3551,
65M-3593, 65M-3654, and 65R-19051 (Parts 3 and 11) be accepted;
And that by-laws be enacted by Council to accept these subdivisions and to
establish each of the roads within the residential subdivisions as a public
highway of the Town of Markham;
And that the Community Services Commission assume the responsibility for
operating and maintaining the infrastructure within the Subdivisions as part of
the Town’s system;
And that acceptance of the Subdivisions be taken into consideration in
future operating budgets;
And that the
by-law to amend Schedule ‘12’ of Traffic By-law # 106-71, by including
compulsory stop to the indicated streets, be approved;
And that the by-law to amend Schedule ‘A’ of the Speed By-law # 105-71, by
including a maximum speed of 40 kilometers per hour for the streets indicated,
be approved;
And that the Mayor and Clerk be authorized to execute the necessary
releases from the terms of the Subdivision Agreements, subject to confirmation
from the Director of Engineering that the final two year guarantee periods have
been completed.
(By-laws 2005-198 to 2005-203)
CARRIED
(8) KNOWLEDGE COMMUNITY TASK FORCE
(10.16) Report
That the
report entitled “Knowledge Community Task Force” be received;
And that the
recommended two year implementation program be received for information;
And that a
9-person Knowledge Community Sub-Committee of Economic Development
Committee supported by a staff technical support group be established to guide
the design, costing, and implementation of the two year program;
And that the
contents and findings of this report be communicated to the members of the
Knowledge Community Task Force, and that they be thanked for their valuable
input and participation;
And
that Regional Councillor J. Jones, Councillor D. Horchik, and Councillor J.
Virgilio be appointed to the Knowledge Community Sub-Committee.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor J. Heath
That Clause (8), Report No. 23 be amended to add "…Regional
Councillor J. Jones…" to the last paragraph.
CARRIED
(9) OLD KENNEDY CO-OPERATIVE DEVELOPMENT
CORPORATION, 90 AND 108 OLD
KENNEDY ROAD
REZONING AND SITE PLAN
APPLICATIONS TO PERMIT
A STACKED TOWNHOUSE AND
MIXED-USE DEVELOPMENT
(ZA 04 009099, SC 04 009105)
(10.5, 10.6) Report
That the implementing by-law for the Milliken
Main Street Secondary Plan be amended to delete the lands municipally known as
90 and 108 Old Kennedy Road;
And that the draft Zoning By-law be finalized
and enacted;
And that Old Kennedy Co-operative Development Corporation be granted a
servicing allocation of 135 units
from the Town reserve, contingent on York Region confirming its acceptance of
the Town’s proposed flow control option, as discussed in the February 15, 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 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 servicing allocation should the
development not proceed in a timely manner;
And that the Site Plan application (SC.04-009105) submitted by Old Kennedy
Co-operative Development Corporation to permit a 135-unit townhouse and stacked townhouse development with 5 retail units, at 90 and 108 Old
Kennedy Road, be approved subject to the following conditions:
1.
That the final
site plan and elevation drawings be submitted to the satisfaction of the
Commissioner of Development Services, including any revisions arising from the
following:
a.
Recommendations
of the required noise and vibration study
b.
Recommendations
of the required traffic impact study
c.
Provision of a
temporary turning circle to Town standards
d.
Configuration of
the safety berm to the satisfaction of GO Transit and the Town
e.
Provision of
greater architectural detail in the elevations of end units visible from public
streets;
2.
That a Landscape Plan be submitted, prepared by
a Landscape Architect having O.A.L.A. membership, to the satisfaction of the
Commissioner of Development Services;
3.
That a traffic impact study be submitted and any
recommendations be implemented, to the satisfaction of the Commissioner of
Development Services;
4.
That a noise study be submitted and any
recommendations be implemented, to the satisfaction of the Commissioner of
Development Services;
5.
That an environmental site assessment be
submitted to the satisfaction of the Town and appropriate agencies, identifying
any required remediation to residential standards;
6.
That the Owner comply with all requirements of
the Town and authorized public agencies, to the satisfaction of the
Commissioner of Development Services;
7. That the Owner enter into a site plan agreement with the Town,
containing all standard and special provisions and requirements of the Town and
public agencies including the following:
a.
Provision for the payment by the Owner of all
applicable fees, recoveries, development charges, parkland dedications and
financial obligations related to applicable Development Group Agreements
(including planning processing fees in the amount of $33,550.00, which were
deferred at the time of application)
b. Provision
for a deferral of Town-wide development charges and a reduced and deferred
cash-in-lieu of parkland contribution, as approved by Council on March 29, 2005
as a pilot project financial incentive in support of affordable homeownership
housing in Markham, once a deferral agreement has been executed between the
Owner, the Home Ownership Alternatives Non-Profit Corporation and the Town; and
provision for securities for the
maximum liability for such charges and cash-in-lieu, to the satisfaction of the
Treasurer
c. Provision of a letter of credit for the full value of the
estimated area-specific development charge amount, to be determined by the
Director of Engineering
d. Provision for contribution towards the provision of community and
infrastructure facilities (including, but not limited to, the school site north
of Victory Avenue), where the costs of these facilities are not included within
the estimated area-specific development charge amount
e. Provide for the owners proportionate share of the Hwy.48 flow
control measures, to the satisfaction of the Director of Engineering;
8. That the Owner obtain written
agreement from the landowner to the north to convey the remainder of the lands
required for the east-west public road between the two properties to the Town
prior to development of the subject lands;
9. That the Owner construct the
east-west public road at the north limit of the site;
10. That the Owner provide a
letter of credit for the estimated proportional share of the construction costs
for the future north-south public road at the west limit of the site;
11. That the Owner convey the
rights-of-way and buffer blocks to the north and west of the site to the Town
and provide an environmental clearance for these lands;
12. That the Owner submit a satisfactory parking study to justify a
reduction in the parking standard for this development and obtain a variance to
the Town’s parking standards;
13. That a site plan agreement be executed prior
to final site plan approval;
14. And that the site plan approval shall lapse
after a period of three years commencing June 21, 2005, in the event a site plan agreement is not executed
within that period;
And that the site plan agreement currently registered against the
property be released from title once the new site plan agreement is registered.
(By-laws
2005-204 & 2005-205)
(10) LINDVEST PROPERTIES (CORNELL) LIMITED
(H & R DEVELOPMENTS)
CORNELL PLANNING DISTRICT
PLAN OF SUBDIVISION 19TM-02001
(PHASE 2)
(SU 02 100376, ZA 02 100353)
(10.7) Report
That the
record of the Public Meetings held on June 4, 2002 and on January 20, 2004 with
respect to the applications by Lindvest
Properties (Cornell) Limited for the second phase of draft plan
of subdivision 19TM-02001 and
implementing zoning by-law be received;
And that Lindvest Properties (Cornell) Limited be granted a servicing
allocation of 270 units, such allocation
to be from the total allocation available for the Cornell Secondary Plan area, contingent on York Region confirming its
acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005
report on servicing allocation from the Director of Engineering and the
Director of Planning and Urban Design (hereafter
referred to as the “flow control option”);
And that the
applicant agree to pay their proportionate share of the Hwy. 48 flow control
measures, to the satisfaction of the Director of Engineering;
And that the
conditions of draft approval for the second phase of draft plan of subdivision
19TM-02001 (Appendix ‘A’, attached to the staff report dated June 21, 2005) be
endorsed by Council and that final approval be delegated to the Commissioner of
Development Services, with such final approval to occur when the Region confirms its acceptance of the flow
control option;
And that the
application to amend Zoning By-laws 304-87 and 177-96 for the second phase of
draft plan of subdivision 19TM-02001 be approved, and the draft by-laws be
brought forward to Council for approval once the Region confirms its acceptance of the flow control
option;
And further
that the Town reserves the right to revoke or reallocate the water supply allocation
should the development not proceed in a timely manner;
And that the
Region of York be advised of the sewage and water supply allocation for this
development.
(By-laws
2005-206 & 2005-207)
(11) TEVA NOVOPHARM LIMITED, 575 HOOD ROAD
VARIANCE TO THE FENCE BY-LAW
277-97 (2.19) Report 1 2 3
That the
report entitled “Variance to the Fence By-Law 277-97 at 575 Hood Road” to
Development Services Committee, dated June 21, 2005 be received;
And that the request to grant relief from the provisions of the Fence
By-Law 277-97 to permit a 1.8m high fence to surround the property, whereas the
by-law permits a maximum 1.2m high fence in the front and exterior side yards,
be approved subject to the applicant executing an amendment to the site plan
agreement and payment of all the applicable fees.
(12) BUR OAK AVENUE EXTENSION TO HIGHWAY 7
CORNELL COMMUNITY (5.10) Report
That the staff
report dated June 21, 2005 entitled “Cornell
Community - Bur Oak Avenue extension to Highway 7” be received;
And that
timing of completion of construction of the extension of Bur Oak Avenue
to Highway 7 be extended from December 31, 2005 to July 31, 2006, subject to the following conditions:
- Bur Oak Avenue shall be constructed in
its ultimate condition (4 lanes with provision for future parking bays)
and opened from Riverlands Avenue to Church Street by no later than
December 31, 2005.
- Riverlands Avenue shall be constructed
and opened from Bur Oak Avenue to the existing Markham By-pass by no later
than December 31, 2005.
- Directional signage to the Markham
Stouffville Hospital from Highway 7 via the existing Markham By-pass and
temporary Riverlands Avenue extension to the existing Markham By-pass
shall be provided and installed to the satisfaction of the Town.
- That the Mayor and Clerk be authorized
to execute a development agreement in a form satisfactory to the Town
Solicitor with Wykland Estates (Cornell) Inc. for the construction of the
temporary Riverlands Avenue extension to the existing Markham By-pass and
the construction of Bur Oak Avenue
to Highway 7.
- And
further that a by-law be enacted authorizing the Mayor and Clerk to
execute a Transfer/Deed of Land and all related documents, in a form
satisfactory to the Town Solicitor, for the right-of-way of the Bur Oak
Avenue extension and the temporary Riverlands Avenue extension to the
existing Markham by-pass.
CARRIED
(13) WYKLAND ESTATES INC, PHASE 2 AND
MATTAMY
(COUNTRY GLEN) LIMITED,
CORNELL PLANNING DISTRICT
PROPOSED RESIDENTIAL PLAN OF
SUBDIVISION
19TM-030003 (PHASE 2)
(WYKLAND)
19TM-030007 (MATTAMY COUNTRY
GLEN)
(SU 03 108934, ZA 03 108933 -
WYKLAND)
(SU 03 109620, ZA 03 109616 -
MATTAMY COUNTRY GLEN)
(10.5,
10.7) Report
That the record of the Public Meetings held
on May 20, 2003 with respect to the applications by Wykland Estates Inc. for
draft plan of subdivision 19TM-030003
and implementing zoning by-law be received;
That the record of the Public Meeting held on
July 7, 2003 with respect to the applications by Iole and Sandro Capogna (now Mattamy (Country Glen) Limited) for
draft plan of subdivision 19TM-030007
and implementing zoning by-law be received;
And that Wykland Estates Inc. and
Mattamy (Country Glen) Limited be granted a servicing allocation of 218 units, such allocation to
be from the total allocation available for the Cornell Secondary Plan area, contingent on York Region confirming its
acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005
report on Servicing Allocation from the Director of Engineering and the
Director of Planning and Urban Design (hereafter
referred to as the “flow control option”);
And that the applicant agree to pay their
proportionate share of the Hwy. 48 flow control measures, to the satisfaction
of the Director of Engineering;
And that the conditions of draft approval for
the second phase of draft plan of subdivision 19TM-030003 and for draft plan of
subdivision 19TM-030007 (Appendix ‘A’, attached to the staff report dated June
21, 2005) be endorsed by Council and that final approval be delegated to the
Commissioner of Development Services, with such final approval to occur when
the Region confirms its acceptance
of the flow control option;
And that the application to amend Zoning By-laws
304-87 and 177-96 for the second phase of draft plan of subdivision 19TM-030003
and for draft plan of subdivision 19TM-030007 be approved, and the draft
by-laws be brought forward to Council for approval once the Region confirms its acceptance of the flow
control option;
And further that the Town reserves the right
to revoke or reallocate the servicing allocation should the development not
proceed in a timely manner;
And that the Region of York be advised of the
servicing allocation for this development.
(By-laws
2005-208 & 2005-209)
CARRIED
(Councillor J. Virgilio
abstained)
(14) ALAWN LAI, 6155 16TH
AVENUE, SOUTHWEST CORNER
OF 16TH AVENUE AND
FINCHAM AVENUE
REZONING APPLICATION TO PERMIT
FOUR NEW
SINGLE DETACHED RESIDENTIAL
LOTS (ZA 04 007115) (10.5) Report
That the deputation by Ben Quan of QX4 Investments Ltd., representing the
applicant, Alawn Lai, be received;
And that Alawn Lai
be granted a servicing allocation of 4 units, such allocation to be from the
total allocation available for infill development, contingent on York Region
confirming its acceptance of Markham’s proposed flow control option, as
discussed in the February 15, 2005 report on servicing allocation from the
Director of Engineering and the Director of Planning and Urban Design (hereafter
referred to as the “flow control option”);
And that the application submitted by Alawn Lai to amend Zoning By-laws 304-87 and 177-96, as amended to permit four new single
detached residential lots at 6155 16th Avenue be approved and the
draft by-law be brought forward to Council for approval once the Region
confirms its acceptance of the flow control option;
And that the Town reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner;
And that the Region of York be advised of the
servicing allocation for this development;
And that a landscape plan be reviewed with
Mr. Kavanagh and the Ward Councillor at the site plan stage including a hedge
and enhanced landscaping to a minimum of $5,000;
And that the following conditions be
recommended to the Committee of Adjustment with respect to an application by
Alawn Lai for consent to sever at 6155 16th Avenue:
- That
the owner submit a site plan, building elevations, landscape plan and tree
preservation plan for review and approval by the Commissioner of
Development Services
- That
the owner provide cash-in-lieu of parkland in accordance with Town policy
- That
the applicant agree to pay their proportionate share f the Hwy. 48 flow
control measures, to the satisfaction of the Director of Engineering
- That
the owner construct a bus passenger standing area in the 16th
Avenue road allowance to the satisfaction of the Region of York
- That the owner
enter into a site plan agreement with the Town.
(By-laws
2005-210 & 2005-211)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor
J. Webster
Seconded by
Councillor A. Chiu
That Clause (14),
Report No. 23 be amended to add the following as paragraph 6:
"And that a landscape plan be
reviewed with Mr. Kavanagh and the Ward Councillor at the site plan stage
including a hedge and enhanced landscaping to a minimum of $5,000;"
CARRIED
(15) LOBLAW
PROPERTIES LIMITED, LOBLAWS AT THE PUMPS
200 BULLOCK DRIVE, AT
MCCOWAN ROAD
TOWN-INITIATED OFFICIAL PLAN
AMENDMENT
TO REDESIGNATE LANDS FROM BUSINESS CORRIDOR AREA
TO MAJOR COMMERCIAL AREA, AND
ZONING AND SITE PLAN
APPLICATIONS TO PERMIT
CONSTRUCTION OF A GAS BAR
AND CAR WASH FACILITY (OP 04
017774, ZA 04 006583, SC 04 006664)
(10.3,
10.5, 10.6) Report
That the correspondence from Glenn Baron, and
from Harry Froussios of Zelinka Priamo Ltd., representing Loblaw Properties
Limited, with comments regarding the
Town initiated Official Plan, Zoning, and Site Plan proposals for the Loblaw
property at 200 Bullock Drive, be received;
And that the Town initiated Official Plan
Amendment to redesignate the lands at the north-east corner of McCowan Road and
Bullock Drive from “Business Corridor Area” to “Major Commercial Area,” be
adopted;
And that the zoning
by-law amendment application (ZA.
04-006583) to amend By-law 1229 as amended, submitted by Loblaw
Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive,
be approved and the draft Zoning By-law be finalized and enacted;
And that the Site Plan application (SC. 04-006664) submitted by Loblaw
Properties Ltd to permit a gas bar and car wash facility at 200 Bullock Drive,
be approved subject to the following conditions:
1. That the final site plan and elevation drawings be submitted to the
satisfaction of the Commissioner of Development Services, including:
a.
the provision of
an upgraded landscaping treatment along the rear (north) portion of the
property to the satisfaction of the Town to screen the gas bar and car wash
facility from the residential development to the north;
b.
provision to ensure that
the environmental buffer along the eastern portion of the site is restored and
landscaped (including erosion control fencing) by the Owner, to the
satisfaction of the Town and the Toronto & Region Conservation Authority;
c. any revisions required to
implement the recommendations of the required traffic impact study, noise study
and stormwater management study;
d. the nine (9) parking spaces located within the 10 metre
environmental buffer along the eastern portion of the property be removed;
e. screening of lighting from the gas station to
mitigate its impact on existing residential development;
2. That a Landscape Plan, prepared by a Landscape Architect having
O.A.L.A. membership, be submitted to the satisfaction of the Commissioner of
Development Services;
3. That the Owner
convey to the Town the required land to accommodate the intersection
improvement on the north east corner of Bullock Drive and McCowan prior to
development approvals, to the satisfaction of the
Commissioner of Development Services;
4. That a letter of credit be provided by the Owner in the amount of
$40,000 to secure the construction of the satellite building or interim
upgraded landscape feature, to the satisfaction of the Commissioner of
Development Services;
5. That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
6. And that the Owner enter into
a site plan agreement with the Town, containing all standard and special
provisions and requirements of the Town and public agencies;
7. And further that the site plan approval shall lapse after a period
of three years commencing June 21, 2005 in the event a site plan agreement is
not executed within that period.
(By-laws
2005-212 & 2005-213)
(16) ABIDIEN INC., 123 - 231 HELEN AVENUE, SOUTH
UNIONVILLE
ZONING BY-LAW AMENDMENT AND
SUBDIVISION
APPLICATION TO PERMIT 68
TOWNHOUSE UNITS
(ZA 03 115824, SU 03 119056)
(10.5, 10.7) Report
That the correspondence from Glenn Baron, 251 Helen
Avenue, with comments and requests regarding the application by Abidien Inc. at
123-231 Helen Avenue, be received;
And that the recommendation report entitled “Abidien Inc. zoning by-law
amendment and subdivision application to permit 68 townhouse units, 123-231
Helen Avenue, South Unionville, file numbers ZA 03 115824 and SU 03 119056” be
received;
And that the record of the public meeting on January 20, 2004 regarding the proposed plan of subdivision and implementing zoning
be received;
And that
Abidien Inc. be granted a servicing allocation of 68 units, such
allocation to be from the total allocation available for the South Unionville
Secondary Plan area, contingent on
York Region confirming its acceptance of Markham’s proposed flow
control option, as discussed in the
February 15, 2005 report on Servicing Allocation from the Director of
Engineering and the Director of Planning and Urban Design (hereafter
referred to as the “flow control option”);
And that the applicant agree to pay their proportionate
share of the Hwy. 48 flow control measures, to the satisfaction of the Director
of Engineering;
And that the conditions of draft approval 19TM-030018
(SU 03 119056) for 68 townhouse units located east of Kennedy Road, south of
Helen Avenue, on the south side of the extension of Caboto Trail (Appendix ‘A’,
attached to the staff report dated June 21, 2005) be endorsed by Council, and
that final approval be delegated to the Commissioner of Development Services,
with such final approval to occur when the Region confirms its acceptance of the flow control
option;
And that the zoning application (ZA. 03-115824) to
amend By-law Nos. 304-87 and 177-96, as amended, to implement draft plan of
subdivision 19TM-030018 (SU. 03-119056), be approved and the implementing
Zoning By-laws be brought forward to Council for approval once the Region confirms its acceptance of the flow
control option;
And that the Town reserves the right
to revoke or re-allocate such servicing allocation, at its sole discretion, should
development not proceed in a timely manner;
And that the Region of York be advised
of the servicing allocation for this development;
And
that the applicant provide the Town with the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law
17-2000);
And further that
the draft plan approval for plan of subdivision 19TM-030018 will lapse after a
period of three years commencing June 28, 2005, in the event that a subdivision
agreement is not executed within that period.
(By-laws
2005-214 & 2005-215)
(17) 1107656 ONTARIO INC., LEITCHROFT PLANNING DISTRICT
BLOCKS 41, 42 AND 43,
REGISTERED PLAN 65M-3226
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPROVAL
TO PERMIT TWO APARTMENT
BUILDINGS (357 UNITS),
FOUR TOWNHOUSE BLOCKS (56
UNITS) AND A
PRIVATE RECREATION CENTRE (ZA
03 116428, SC 03 117426)
(10.5, 10.6) Report
That
the deputation by Ira Kagan of Kagan Shastri, representing the applicant,
1107656 Ontario Inc., be received;
And that the report entitled: “Applications for Zoning
By-law Amendment and Site Plan Approval by 1107656 Ontario Inc., to permit two
apartment buildings (357 units), four townhouse blocks (56 units) and a private
recreation centre on Blocks 41, 42 and 43, Registered Plan 65M-3226, Leitchroft
Planning District
(Files ZA 03 116428 and SC 03 117426)” be received;
And that 1107656 Ontario Ltd. be granted a servicing allocation
of 413 units, to permit the proposed development of Blocks 41, 42, 43
Registered Plan 65M-3226, such allocation
to be from the total allocation available for the Leitchcroft Secondary Plan
area, contingent on York Region
confirming its acceptance of Markham’s proposed flow control
option, as discussed in the
February 15, 2005 report on Servicing Allocation from the Director of
Engineering and the Director of Planning and Urban Design (hereafter referred to as the
“flow control option”);
And that the
applicant agree to pay their proportionate share of the Hwy. 48 flow control
measures, to the satisfaction of the Director of Engineering;
And that Council endorse the draft Zoning By-law Amendment
(file ZA 03 116428) and that Staff forward the draft Zoning By-law Amendment to
the Ontario Municipal Board for final approval, following Regional approval of
the flow control option;
And that the application for site plan approval
submitted by 1107656 Ontario Inc. (File SC 03 117426) to permit two apartment
buildings (357 units), four townhouse blocks (56 units) and a recreation centre
on Blocks 41, 42 and 43, Registered Plan 65M-3226, Leitchroft Planning District, be
approved, subject to the following conditions:
1. That
the owner will enter into a site plan agreement with the Town of Markham
containing all standard provisions and requirements of the Town and public
agencies and including the specific requirements identified in the staff
report;
2. That
site plan approval shall lapse after a period of three years commencing June
21, 2005, in the event that the site plan agreement is not executed within that
period;
3.
That the site
plan shall comply with the requirements of By-law 177-96, as amended;
4.
That prior to
final approval of the site plan, the Owner shall:
a) Submit
drawings, to the satisfaction of the Director of Environmental Services,
showing the location, size, and construction of the refuse storage and
recycling area(s) for the proposed apartment building;
b) Submit
a detailed plan showing the limits of construction hoarding and any proposed
relocation of any existing services and utilities that may be required to
facilitate construction of the underground parking garage;
c) Meet
with the fire department to finalize the location(s) of the Fire Department
Connection and rapid entry key box, fire hydrants, fire alarm annunciator, and
provide adequate rear lane fire routes, or alternatively, revise the length of
townhouse blocks, to the satisfaction of the Fire Chief;
d) Provide
the following, to the satisfaction of the Director of Engineering:
i)
an updated
servicing study that will assess the water main, sanitary and storm sewer
capacity for the proposed development;
ii)
an updated storm
water design brief for the proposed development that confirms how the
major/minor drainage will comply with the Master Drainage Plan for the
Leitchcroft Planning District;
iii)
a detailed noise
study that addresses noise impacts from surrounding roadways and mitigation
measures;
iv)
a traffic impact
study to address the issues of traffic generated by the proposed development;
v)
documentation
that the proposed relationship between the driveway accesses on the subject
lands and the driveways on the north side of Galleria Parkway are acceptable
from a traffic circulation standpoint; or alternatively, that the site plan is
revised so that the center lines of the driveways on the subject development
align with the centre lines of the driveway accesses to the residential
developments on the north side of Galleria Parkway;
e) Provide
the following, to the satisfaction of the Director of Planning and Urban Design:
i) A revised
site plan which demonstrates a stronger (built-form) corner relationship
between the grade related town house units and the 12 storey residential
buildings at the corner of Times Avenue and South Park Road
and Saddlecreek Drive and South Park
Road. The associated visitor parking spaces should not extend into
the front yard landscape area south of the apartment buildings;
ii) The proposed
pad transformer located at the south east corner of the site should be
relocated to a less exposed location. (To the interior of the site or
incorporated into the underground parking);
iii) Whereas the elevations of the multi-unit residential
buildings identify that a raised porch and canopy element with a decorative
railing is required in some locations where the porch height exceeds 0.7m., the
applicant is to provide an appropriate detail for this element. The detail should identify a line to
differentiate between the material of the proposed concrete top and the porch
base. The base is to be constructed of a material other than pre-cast concrete;
iv)
Documentation
demonstrating that any utility meters and air conditioning units fronting onto public
streets will be adequately screened from view;
f) Dedicate
to the Town, free of all costs and encumbrances, a minimum 2.39 ha (5.9 acre)
neighbourhood park, sized to accommodate existing development plus this
proposal. Such parcel shall be located south
of South Park Road, adjacent to the eastern boundary of the OS1 zone located
between Times Avenue and Saddlecreek Drive, as set out by By-law 2005-3. The exact location and configuration of the
neighbourhood park shall be to the satisfaction of the Director of Planning and Urban Design;
g) Execute
the site plan agreement required in Conditions 1 and 6;
5.
That prior to the
execution of the site plan agreement the owner shall submit a Landscape Plan,
prepared by a Landscape Architect having O.A.L.A. membership, to the
satisfaction and approval of the Director of Planning and Urban Design;
6.
That the site
plan agreement shall:
a)
provide for
payment by the Owner of all applicable fees, recoveries and development
charges;
b)
contain
provisions for satisfying Town Departments including all requirements of the
Director of Engineering, the Fire Department, Waste Management and Roads;
c)
contain a clause
whereby the owner will agree to provide temporary pedestrian access within the
existing boulevard, to the satisfaction of the Director of Engineering, during
construction of the development;
d)
contain a clause
whereby the owner is required to provide indemnity to the Town for possible
damages to utilities in the road rights of way during construction;
e)
contain a clause
whereby the owner agrees to assume sole responsibility for year-round
maintenance (including winter snow removal) of the proposed walkways leading
from the site and intersecting with the municipal sidewalks on Suncrest
Boulevard, Saddlecreek Drive and Galleria Parkway;
f)
contain a clause
whereby the owner agrees, at his own cost, to clean, disinfect, and undertake
hydrostatic testing and sampling of all connections to water mains and private
water distribution systems in accordance with the Town of Markham Watermain
Testing Procedures;
g)
provide for the
owners proportionate share of the Hwy. 48 flow control measures, to the
satisfaction of the Director of Engineering.
CARRIED
(18) BORRON CONSTRUCTION INC. (FRAM BUILDING GROUP)
LAKESIDE VISTA WAY, SWAN LAKE
VILLAGE
BLOCKS 9 AND 26, PLAN 65M-3482
OFFICIAL PLAN/SECONDARY PLAN
AND ZONING BY-LAW
AMENDMENTS AND SITE PLAN
APPROVAL TO PERMIT
82 CONDOMINIUM TOWNHOUSE UNITS
(OPA 04 009862, ZA 04 009845,
SC 04 023810)
(10.3,
10.5. 10.7) Report
That the applications submitted by Borron Construction Inc. (Fram Building
Group) to amend the Swan
Lake Secondary Plan (PD 30-1) and Zoning By-law 177-96, as amended to permit 82 condominium townhouse units within
Swan Lake Village be approved and the draft Official Plan/Secondary Plan and
Zoning By-law amendments be finalized and enacted;
And that the application submitted by Borron
Construction Inc. (Fram Building Group) for Site Plan Control approval to permit 82 condominium townhouse units
within Swan Lake Village be approved subject to the following conditions:
1. That the final site plan and elevation drawings be submitted to the
satisfaction of the Commissioner of Development Services, including:
·
a revision to the site plan to incorporate the extension of Street ‘A’ to
Bur Oak Avenue.
2. That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services.
3.
That the Owner enter into a site plan agreement
with the Town, containing all standard and special provisions and requirements
of the Town and public agencies.
4.
That the site plan contain provisions for a
north non-staff security gate at Swan Lake, as well as electronic
security connection from the security gate to each house in the subdivision.
5. That the site plan approval shall lapse after a period of three
years commencing June 7, 2005 in the event a site plan agreement is not
executed within that period.
And that Borron
Construction Inc. (Fram Building Group) be granted servicing allocation for 82
units from the existing Town reserve (322 units).
(By-laws
2005-216 & 2005-217)
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Clause 18, Report No. 23 be amended to add the following as No. 4
to the conditions of Site Plan Control approval:
"That the site plan contain provisions
for a north non-staff security gate at Swan Lake, as well as electronic
security connection from the security gate to each house in the subdivision."
CARRIED
……………………………………..
Councillor K.
Usman joined the meeting at 10:10 p.m.
……………………………………..
(19) 150 MAIN STREET, UNIONVILLE
(2019311 ONTARIO INC)
APPLICATIONS FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS (OP 04 028702, ZA 04 027514) (10.3, 10.5)
That correspondence from Glenn Baron, 251 Helen Avenue, in support of the
proposal submitted
by 2019311 Ontario Inc. for restaurant use at 150 Main Street
Unionville be received;
And that the draft minutes of the Unionville Villagers
Association meeting held June 20, 2005, be
received;
And that the staff memorandum dated June 21, 2005, regarding 150 Main
Street Unionville,
Applications for Official Plan and Zoning By-law
Amendments, (OP 04 028702, ZA 04 027514)
be received;
And that the deputations by Jessie Agnew, in support,
and by Peter Wales, Greg McCormick representing the Unionville Villagers
Association, Ray Smylie, and Jeanne Ker-Hornell, in opposition to the proposal
by 2019311 Ontario Inc. for restaurant use at 150 Main Street Unionville, be
received;
And that, to
implement Council’s direction of June 14, 2005, to address the following
issues:
-
Restaurant use to
be permitted below grade
-
Retail use to be
required above grade
-
Restaurant use to
be restricted to not permit fast food or take-out or pub style/tavern
-
Any reduction in
parking requirement to include provision for payment of cash-in-lieu of parking
-
Provision of a
driveway connection/easement for future integration with parking lot to the
north
the Draft Official Plan Amendment for 150 Main Street,
Unionville, be adopted;
And that the
draft Zoning By-law amendment for 150 Main Street,
Unionville, as amended to specify the parking requirements, be adopted;
And that at
the site plan stage, the applicant shall provide an air conditioned waste
collection area and appropriate screening and buffering for the waste bins;
And that staff
negotiate with the applicant regarding providing public washrooms.
(By-laws
2005-218 & 2005-219 were withdrawn)
LOST AS AMENDED
(See following recorded vote) (5:6)
(See following motion to amend)
(See following motion to put the question)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Jones, Councillor S. Daurio,
Councillor G. McKelvey, Councillor A. Chiu. (5)
NAYS: Regional
Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio, Councillor
J. Webster, Councillor D. Horchik, Councillor K. Usman. (6)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell. (2)
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That Clause (19), Report No. 23 be amended to
include the following paragraphs:
"And
that at the site plan stage, the applicant shall provide an air conditioned
waste collection area and appropriate screening and buffering for the waste
bins;
And that
staff negotiate with the applicant regarding providing public washrooms."
CARRIED
Moved by Councillor G. McKelvey
Seconded by Councillor D. Horchik
That the question is now put.
LOST
Moved by Councillor D. Horchik
Seconded by Councillor E. Shapero
That Clause (19), Report No. 23 be
reconsidered.
LOST
(See following recorded vote which was Lost) (5:6)
YEAS: Councillor
E. Shapero, Councillor J. Virgilio, Councillor J. Webster, Councillor D.
Horchik, Councillor K. Usman. (5)
NAYS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor S. Daurio, Councillor G. McKelvey, Councillor A. Chiu. (6)
ABSENT: Mayor D.
Cousens, Regional Councillor B. O'Donnell. (2)
(20) 1648438 ONTARIO INC. (J. ADDISON SCHOOL)
2 VALLEYWOOD DRIVE, OFFICIAL
PLAN AND
ZONING BY-LAW AMENDMENTS TO PERMIT
A PRIVATE
SCHOOL AND RESIDENCES (OP 05
011949, ZA 05 011972) (10.3, 10.5)
That the report from the Development Services
Commission dated May 17, 2005, entitled “Preliminary Report: J. Addison School:
Application for Official Plan and Zoning By-law Amendments at 2 Valleywood
Drive” be received;
And that the Record of the Public Meeting
held on June 21, 2005, with respect to the proposed amendment to the Town of
Markham’s Official Plan and Zoning By-law 165-80, as amended, be received;
And that the application by 1648438 Ontario
Inc. (J. Addison School) to amend the Town’s By-law 165-80, as amended, be
approved;
And that the application by 1648438 Ontario
Inc. (J. Addison School) to amend the Town’s Official Plan (1987), as amended,
be approved;
And that the proposed amendment to the Town’s
Official Plan and Zoning By-law 165-80, as amended, be enacted when appropriate
without further notice.
(21) LYNDE CENTRE FOR DERMATOLOGY, 3 OVIDA
BOULEVARD
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
TO PERMIT A
BUSINESS/PROFESSIONAL OFFICE PARKING LOT
(OP 04 027404, ZA 04 027442)
(10.3, 10.5)
That the written submission from Joe Ricci,
in objection to Files OP 04 027404, ZA 04 027442 submitted by Lynde Centre for
Dermatology, be received;
And
that the deputations by Donald Hindson of Cattanach Hindson Sutton
VanVeldhuizen, representing the applicant, and by Joe Ricci with concerns
regarding Files OP 04 027404, ZA 04 027442) submitted by Lynde Centre for
Dermatology, be received;
And that the Development Services Commission
report dated May 17, 2005, entitled “Preliminary Report – Lynde Centre for
Dermatology, 3 Ovida Boulevard, Applications for Official Plan and Zoning
By-law Amendments to permit a business/professional office parking lot”, be
received;
And that the Record of the Public Meeting
held on June 21, 2005, with respect to the proposed amendments to the Official
Plan (Revised 1987), and Zoning By-law 1229 as amended be received;
And that the applications by the Lynde Centre
for Dermatology to amend the Official Plan (Revised 1987) and Zoning By-law
1229 as amended, be approved;
And further that the proposed amendments to
the Official Plan (Revised 1987), as amended and Zoning By-law 1229 be enacted
without further notice.
(By-laws
2005-220 & 2005-221)
CARRIED
(22) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JUNE 21,
2005 (16.0)
CARRIED
(Councillor J. Virgilio abstained
- Items 34, 51 & 52)
8. MOTIONS
Council
consented to add Motions (1) to (5).
(1) FIVE
WITH D.R.I.V.E. (12.2.6)
Moved by Regional Councillor J. Jones
Seconded by Councillor S. Daurio
That the presentation by Sarah Bell and
Melissa Bell on behalf of Five with D.R.I.V.E. whose members will begin their
attempt to walk the entire length of Yonge Street on July 1, 2005 – 1,900
kilometres in forty days, be received;
And that Markham Council extends
congratulations to the following members of Five with D.R.I.V.E. and wishes
them well in their initiative:
- Jody Chrobak
- Dan Rossi
- Jonathon Mishrigi
- Andrew Rossi
- Mark Macdonnell
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) ONTARIO
HERITAGE FOUNDATION RECOGNITION (12.2.6)
Moved by
Councillor E. Shapero
Seconded by
Regional Councillor J. Jones
That Markham
Council extends congratulations to Adrian Ellison and Daniel Casella for
winning the Ontario Heritage Foundation Young Heritage Leader achievement pins
and recognition certificates for their significant voluntary contributions to
cultural, natural and built heritage preservation.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) YORK
REGION ENVIRONMENTAL ALLIANCE (12.2.6)
Moved by
Councillor E. Shapero
Seconded by
Councillor J. Webster
That the
presentation by Sari Merson, York Region Environmental Alliance, announcing
that the Town of Markham won the Anti-Idling Challenge held in May, 2005 by
obtaining 1,628 pledges versus the Town of Newmarket with 1,395 pledges, be
received;
And that
thanks be extended to Councillor E. Shapero, Mavis Urquhart, Acting
Manager, Environmental Leadership, Jean Pierre Bombardier, Anti-Idling Campaign
Technician, and Justin Tse, Anti-Idling Campaign Technician, for their excellent
work on this initiative.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) 2004
SILVER DOLPHIN AWARD (12.2.6, 6.5)
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council
extend congratulations to Andrea Louli of the Markham Aquatic Club for winning
the 2004 Silver Dolphin National and International Award and to Mariyan
Stipetic of the Markham Masters Club for winning the 2004 Silver Dolphin Local
and Provincial Award based on their outstanding accomplishments.
CARRIED
(2/3rd vote to consider was
required and obtained)
(5) USE OF STREET NAME LAHORE ROAD IN
MARKHAM (10.14)
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That the petition signed by six residents in
objection to the name Lahore being used to name a street in Markham and
suggesting the Town use the names of Canadian heroes to name streets be
received;
And that the Commissioner of Development
Services be requested to communicate the Town's procedure with respect to street
names pointing out that many of the Town's streets have been named after
founding Fathers and veterans.
CARRIED
(2/3rd vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add Communications 122-2005 to 131-2005.
That Council
receive and consent to the disposition of communications in the following
manner:
Received
107-2005 York
Region Water for Tomorrow - Forwarding appreciation and a certificate to the
Town of Markham for making the York Children's Water Festival an experience for
many children to look back on fondly in the future. (13.4)
108-2005 Ministry
of Citizenship and Immigration - Calling nominations for the 2005 Ontario Medal
for Good Citizenship. The deadline for
nominations is August 5, 2005. (13.2)
109-2005 Rotary
Club of Richmond Hill - Forwarding an invitation to support the Rotary
Foundation Walk being held on September 11, 2005 in Richmond Hill. (12.2.6) Invitation
110-2005 Alcohol
and Gaming Commission of Ontario - Advising of a Hearing scheduled for August
25, 2005 at 9:00 a.m. to refuse to remove conditions from the liquor licence
for MIX2 KTV & BILLIARDS at 1661 Denison Street, Unit 3 and forwarding an invitation to the Hearing with respect
thereto. (3.21)
111-2005 John
Gamble, Barrister and Solicitor - Forwarding a copy of the letter sent to
McCormick Rankin Corporation outlining his concerns regarding the Markham
By-pass Corridor Environmental Assessment. (5.10)
112-2005 Town
Clerk - Forwarding a copy of the response sent to Mr. Peter
MacLeod regarding the rental of outdoor facilities
and signage in the Town of Markham. (6.6 &
2.16)
113-2005 Region
of York - Forwarding an approval for temporary road closure with respect the
Taste of Asia Street Festival being held on June 25 and 26, 2005. (3.5)
114-2005 Region
of York - Forwarding information on organizational adjustments to ensure
its continued strength regarding their management of growth. (13.4)
115-2005 Toronto
and Region Conservation - Forwarding a copy of their 2004 Annual Report. (13.2)
122-2005 Councillor
Joe Mihevc, Toronto City Council, St. Paul's West, Ward 21 - Forwarding
congratulations to the Town of Markham on its decision to start the process of
investigating the feasibility of a by-law regulating the use of chemical
pesticides on private lawns. (5.7)
123-2005 City
of Kingston - Forwarding a copy of the resolution requesting the Provincial
government to amend the Occupiers Liability Act so as to clearly establish that
those using trail systems are deemed to do so at their own risk, so that owners
and volunteer organizations will not be held liable in any way for any damages
arising from the use of trails by the public.(13.5.2)
124-2005 Region
of York - Forwarding an update of population figures on road signs in area
municipalities. (13.4)
125-2005 K.C.
Walduck and N.E. Walduck, users of Parkview Golf Club - Forwarding their
concerns regarding the Markham By-pass Corridor Environmental Assessment.
(5.10)
126-2005 County
of Dufferin - Outlining its views with respect to the letter from the
Association of Municipalities regarding federal gas tax. (13.5.1)
Referred to all Members of Council
116-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Stars of Thai Cuisine, 3130-3150 Highway No. 7
East, Unit 1 (indoor) (3.21).
117-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Golden Shanghai Restaurant, 7750 Kennedy Road,
Unit 7B (indoor) (3.21).
118-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Senses, 3100 Steeles Avenue East, Unit 102
(indoor & outdoor) (3.21).
119-2005 Markham
Village BIA - Forwarding a request to close the following streets on September 11, 2005
from 8:00 a.m. to 5:00 p.m. to facilitate the Olden Days & Antique Cars:
1. Main
Street Markham north from Highway 7 to South of Parkway Avenue
2. Access east from Main Street
Markham is closed to
- Centre Street
- Robinson Street
3. Access west from Main Street
Markham is closed to
- Thompson Court
- Dublin Street
- Robinson Street (3.5)
(By-law 2005-222)
Referred to Commissioner of
Development Services and Town Solicitor
120-2005 Ontario Municipal Board - Forwarding an Order allowing the appeals submitted
by Minto Markham Ltd. and Markham Glen Inc. regarding a proposed Official Plan
Amendment and Zoning By-law Amendment to permit single detached, semi-detached,
and street townhouse units on the subject property (Block
285, Plan 65M-3133, northeast corner of Rouge Bank Drive and Russell Jarvis
Drive). (13.13 & 10.5)
(By-laws 2005-225 and 2005-226)
121-2005 Ontario
Municipal Board - Forwarding an update on a conference held on June 3, 2005
regarding the appeals of ten of the Town’s Development Charges By-laws and
advising that the appeals submitted by G. Baron, P. Doherty and Tricia Lou
Developments Ltd. for By-law 204-233 have been withdrawn. (13.13)
127-2005 Steven
Zakem, Aird & Berlis, on behalf of Loblaw Properties Limited - Forwarding
an objection to the application submitted by Miller Paving Limited to permit a
large format shopping centre at 7781 Woodbine Avenue and outlining background information with respect thereto. (10.3 & 10.5)
128-2005 City
of Toronto - Forwarding the Morningside Avenue/Markham By-pass Extension
Individual Project Environment Assessment Study Status Report. (13.5.2)
129-2005 Region
of York - Forwarding information regarding the Markham By-pass extension south
of Highway 407 to Morningside Avenue. (13.4)
131-2005 Glenn
Baron, 251 Helen Avenue – in support of the application by Best Homes to permit
68 townhouses on Helen Avenue and requesting a meeting with Councillors and
staff to discuss his revised severance application. (10.5)
Referred to Commissioner of Community
Services
130-2005 Donald
L. Page, Executive Director, Industry Task Force II on 2,4-D Research Data -
Forwarding reference documents prepared for the Town of Markham review of
2,4-D. (5.7)
CARRIED
10. PROCLAMATION
(1) PROCLAMATIONS
(3.4)
Moved by
Councillor K. Usman
Seconded by
Councillor E. Shapero
That the
following be proclaimed in the Town of Markham:
- Canadian
Amputee Days - July 29 to 31, 2005.
CARRIED
11. OTHER BUSINESS
Council
consented to add Other Business (3).
Moved by
Councillor K. Usman
Seconded by
Regional Councillor J. Heath
That Other
Business (1) to (3) be received and adopted.
(1) SURPLUS
PROPERTY AND LAND TRANSFER
TO REGION OF YORK
PART OF LOTS 10 AND 11,
CONCESSION 4, DESIGNATED AS
PARTS 8, 9, 12 AND PART OF
PART 11 ON PLAN 65R-24140
SOUTH WEST CORNER HIGHWAY 7
AND WARDEN AVENUE MARKHAM (8.7)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
That the notice of proposed sale for the Town
owned lands, legally described as Part of Lots 10 and 11, Concession 4,
designated as Parts 8, 9, 12 and Part of Part 11 on Plan 65R-24140, be confirmed.
(Committee of the Whole Motion - June 14,
2005)
(By-law 2005-223)
(2) PROPOSED
CHANGE OF NAME OF LAHORE ROAD IN
FAIRTREE VILLAGES TO BETHANY
STREET (10.14)
Council inquired whether
any persons are in attendance to either support or object to the proposed
change of name of Lahore Road to Bethany Street.
No
persons were in attendance to either support or object to this matter.
Whereas a
notice of the proposed change of name of Lahore Road in Fairtree Villages to
Bethany Street has been published on the Town of Markham website on June 24,
2005 and Town of Markham Council agenda dated June 28, 2005;
And whereas no
persons have objected this date;
There fore be
it resolved that a by-law to change the name of Lahore Road in Fairtree
Villages to Bethany Street be enacted by Council later in the meeting.
(By-law 2005-224)
(3) NEW
AUDIO/VISUAL EQUIPMENT
AT MARKHAM CIVIC CENTRE (7.14,
7.12)
Concern was
raised about difficulties with the new audio/visual system at the Civic Centre
and that the warranty should not be permitted to expire without
resolution. Any changes should be in
consultation with Members of Council.
12. BY-LAWS
Council
consented to amend By-law No. 2005-192 and to withdraw By-laws No. 2005-218 and
2005-219 and to separate By-laws No. 2005-208, 2005-209, 2005-235 and 2005-258
and to add By-laws No. 2002-259 & 2005-260.
Moved by Councillor
A. Chiu
Seconded by
Councillor K. Usman
That By-laws 2005-187
to 2005-217 and 2005-220 to 2005-257 and 2005-259 to 2005-260 be given three
readings and enacted.
Three Readings
BY-LAW 2005-187 A by-law to amend By-law 4-2000, a by-law to appoint a Chief
Administrative Officer for the Town of Markham (To delegate authorities during
the summer break).
(Clause 2, Report No. 22, 2005)
BY-LAW 2005-188 A by-law to govern and control the parking of vehicles in the
Town of Markham (Parking By-law) (Repeals Parking By-law 336-88).
(Clause 8, Report No. 22, 2005)
BY-LAW 2005-189 A by-law to amend By-law 211-83, a by-law to prescribe a tariff
of fees for the processing of planning applications (New fees as a result of
changes required through the Building Code Statute Law Amendment Legislation,
Bill 124).
(Clause 12, Report No. 22, 2005)
BY-LAW 2005-190 A by-law respecting construction, demolition and change of use
permits and inspections (Building By-law) (Repeals Building By-law 145-93).
(Clause 12, Report No. 22, 2005)
BY-LAW 2005-191 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
(Green bins and kitchen collectors charges).
(Clause 16, Report No. 22, 2005) CARRIED
BY-LAW 2005-192 A by-law to prohibit unnecessary idling of vehicles within the
Town of Markham (Idling Control By-law).
(Clause 21, Report No. 22, 2005) CARRIED AS AMENDED
BY-LAW 2005-193 A by-law to amend Parking By-law 2005-188 (Daytime permit parking
on Riverlands Avenue, Country Glen Road and Walkerville Road).
(Clause 24, Report No. 22, 2005)
BY-LAW 2005-194 A by-law to amend Parking By-law 2005-188 (Parking prohibition on
Walkerville Road).
(Clause 24, Report No. 22, 2005)
BY-LAW 2005-195 A by-law to amend Zoning By-law 122-72, as amended (Norvalley
Homes Limited, 57 Main Street and 1, 3, 5 Richard Maynard Crescent - To permit
a development of single and semi-detached dwellings).
(Clause 4, Report No. 23, 2005)
BY-LAW 2005-196 A by-law to amend Urban Expansion Area Zoning By-law 177-96, as
amended (Stringbridge Investments Limited, Times Investments Limited, southwest
corner of Highway 7 and South Town Centre Boulevard - To delete subject lands
from the area By-law 177-96, as amended, so that they may be incorporated into
By-law 2004-196, as amended, to permit development of a mixed use
commercial/retail and residential development).
(Clause 5, Report No. 23, 2005)
BY-LAW 2005-197 A by-law to amend Markham Centre Area Zoning By-law 2004-196, as
amended (Stringbridge Investments Limited, Times Investments Limited, southwest
corner of Highway 7 and South Town Centre Boulevard - To permit development of
a mixed use commercial/retail and residential development).
(Clause 5, Report No. 23, 2005)
BY-LAW 2005-198 A by-law to amend Traffic By-law 106-71 (65M-3551, 65M-3593,
65M-3654, and 65R-19051 - to implement compulsory stops in residential
subdivisions).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-199 A by-law to amend Speed By-law 105-71 (65M-3551, 65M-3593,
65M-3654, and 65R-19051 - To include a maximum of 40 kilometers in in
residential subdivisons).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-200 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3654 as public highway (Eden Oak (Unionville) Inc., Part of Lot
8, Concession 6 - Caboto Trail, Raintree Drive, Anita Drive, Rembrandt Drive
& Via Jessica Drive).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-201 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3551 as public highway (Monarch Construction Limited, Part of
Lot 2, Concession 6 - Thornton Street, Cartmel Drive, Dynasty Drive and
Cashmere Crescent).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-202 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3593 as public highway (Eden Oak (Unionville) Inc., Part of Lot
8, Concession 6 - Caboto Trail, Isabella Street, Lucien Street, Spiker Street
and Vineland Street).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-203 A by-law to establish street as public highway (Part of Lot 10,
Concession 4, designated as Parts 3 and 11, Plan 65R-19051 - Fairburn Drive).
(Clause 7, Report No. 23, 2005)
BY-LAW 2005-204 A by-law to amend Zoning By-law 47-85, as amended (Old Kennedy
Co-operative Development Corporation, 90 and 108 Old Kennedy Road - To delete
subject lands from the designated area By-law 47-85, as amended, so that they
may be added to By-law 177-96, as amended, to permit 135-unit townhouse and
stacked townhouse development with retail units).
(Clause 9, Report No. 23, 2005)
BY-LAW 2005-205 A by-law to amend Zoning By-law 177-96, as amended (Old Kennedy
Co-operative Development Corporation, 90 and 108 Old Kennedy Road - To permit
135-unit townhouse and stacked townhouse development with retail units).
(Clause 9, Report No. 23, 2005)
BY-LAW 2005-206 A by-law to amend Zoning By-law 304-87, as amended (Lindvest
Properties (Cornell) Limited (H & R Developments), south of Highway 7 and
east of 9th Line, second phase of draft plan of subdivision 19TM-02001 - To
delete subject lands from designated area By-law 304-87, as amended, so that
they may be added to By-law 177-96, as amended, to implement a draft plan of
subdivision).
(Clause 10, Report No. 23, 2005)
BY-LAW 2005-207 A by-law to amend Zoning By-law 177-96, as amended (Lindvest Properties
(Cornell) Limited (H & R Developments), south of Highway 7 and east of 9th
Line, second phase of draft plan of subdivision 19TM-02001 - To implement a
draft plan of subdivision).
(Clause 10, Report No. 23, 2005) CARRIED
BY-LAW 2005-208 A by-law to amend Zoning By-law 304-87, as amended (Wykland
Estates Inc., 19TM-030003, south of 16th Avenue and east of 9th Line - To
delete subject lands from designated area By-law 304-87, as amended, so that
they may be added to By-law 177-96, as amended, to implement a draft plan of
subdivision).
(Clause 13, Report No. 23, 2005) CARRIED
(Councillor J. Virgilio abstained)
BY-LAW 2005-209 A by-law to amend Zoning By-law 177-96, as amended (Wykland
Estates Inc., 19TM-030003, south of 16th Avenue and east of 9th Line - To
implement a draft plan of subdivision).
(Clause 13, Report No. 23, 2005) CARRIED
(Councillor J. Virgilio abstained)
BY-LAW 2005-210 A by-law to amend Zoning By-law 304-87, as amended (Alawn Lai,
6155 16th Avenue, southwest corner of 16th Avenue and Fincham Avenue - To
delete subject lands from designated area By-law 304-87, as amended, so that
they may be added to By-law 177-96, as amended, to permit four new single
detached residential lots).
(Clause 14, Report No. 23, 2005)
BY-LAW 2005-211 A by-law to amend Zoning By-law 177-96, as amended (Alawn Lai,
6155 16th Avenue, southwest corner of 16th Avenue and Fincham Avenue - To
permit four new single detached residential lots).
(Clause 14, Report No. 23, 2005)
BY-LAW 2005-212 A by-law to adopt Official Plan Amendment No. 138 (Loblaw
Properties Ltd., 200 Bullock Drive - To permit the construction of a gas bar
and car wash facility).
(Clause 15, Report No. 23, 2005)
BY-LAW 2005-213 A by-law to amend Zoning By-law 1229, as amended (Loblaw Properties
Ltd., 200 Bullock Drive - To permit the construction of a gas bar and car wash
facility).
(Clause 15, Report No. 23, 2005)
BY-LAW 2005-214 A by-law to amend Zoning By-law 304-87, as amended (Abidien Inc.,
123-231 Helen Avenue, South Unionville - To delete subject lands from the area
designated area By-law 304-87, as amended, so that they may be added to By-law
177-96, as amended, to permit 68 townhouse units)
(Clause 16, Report No. 23, 2005)
BY-LAW 2005-215 A by-law to amend Zoning By-law 177-96, as amended (Abidien Inc.,
123-231 Helen Avenue, South Unionville - To permit 68 townhouse units)
(Clause 16, Report No. 23, 2005)
BY-LAW 2005-216 A by-law to adopt Official Plan Amendment No. 139 (Borron
Construction Inc. (Fram Building Group), Lakeside Vista Way, Swan Lake Village,
Blocks 9 & 26, Plan 65M -3482 - To permit 82 condominium townhouse units).
(Clause 18, Report No. 23, 2005)
BY-LAW 2005-217 A by-law to amend Zoning By-law 177-96, as amended (Borron
Construction Inc. (Fram Building Group), Lakeside Vista Way, Swan Lake Village,
Blocks 9 & 26, Plan 65M -3482 - To permit 82 condominium townhouse units).
(Clause 18, Report No. 23, 2005)
CARRIED
BY-LAW 2005-218 A by-law to adopt Official Plan Amendment No. 140 (Jessie Agnew
(2019311 Ontario Inc.), 150 Main Street, Unionville - To permit business and
professional office uses on the ground floor).
(Clause 19, Report No. 23, 2005) WITHDRAWN
BY-LAW 2005-219 A by-law to amend Zoning By-law 122-72, as amended (Jessie Agnew
(2019311 Ontario Inc.), 150 Main Street, Unionville - To permit business and
professional office uses on the ground floor).
(Clause 19, Report No. 23, 2005) WITHDRAWN
BY-LAW 2005-220 A by-law to adopt Official Plan Amendment No. 141 (Lynde Centre
for Dermatology, 3 Ovida Blvd. - To permit a business/professional office
parking lot).
(Clause 21, Report No. 23, 2005)
BY-LAW 2005-221 A by-law to amend Zoning By-law 1229, as amended (Lynde Centre
for Dermatology, 3 Ovida Blvd. - To permit a business/professional office
parking lot).
(Clause 21, Report No. 23, 2005)
BY-LAW 2005-222 A by-law to authorize the temporary closure of various roads in
Main Street Markham to facilitate the Olden Days & Antique Cars on
September 11, 2005 from 8:00 a.m. to 5:00 p.m.
(Communication No. 119-2005)
BY-LAW 2005-223 A by-law to authorize the execution of a Transfer/Deed of land to
the Region of York and other related documents for lands known as Part of Lots
10 and 11, Concession 4 and Parts 8, 9, 12 and Part of Part of 11 on Reference
Plan 65R-24140.
(Other Business 1)
BY-LAW 2005-224 A by-law to change a certain street name in the Town of Markham
(Lahore Road to Bethany Street).
(Other Business (2))
BY-LAW 2005-225 A by-law to adopt Official Plan Amendment No. 142 (Minto Markham
Ltd. & Markham Glen Inc., Block 285, Plan 65M-3133, northeast corner of
Rouge Bank Drive and Russell Jarvis Drive - To permit single detached,
semi-detached, and street townhouse units on the subject property).
(Communication No. 120-2005 - OMB Approval)
BY-LAW 2005-226 A by-law to amend Zoning By-law 177-96, as amended (Minto Markham
Ltd. & Markham Glen Inc., Block 285, Plan 65M-3133, northeast corner of
Rouge Bank Drive and Russell Jarvis Drive - To permit single detached,
semi-detached, and street townhouse units on the subject property).
(Communication No. 120-2005 - OMB Approval)
BY-LAW 2005-227 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 123 - MacAdam Road and Block 124 - Hartmoor Street, Plan
65M-3794).
BY-LAW 2005-228 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 76 - Ralph Chalmers Avenue, Block 77 - Hartmoor Street
and Block 78 - MacAdam Road, Plan 65M-3789).
BY-LAW 2005-229 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 16, Plan 65M-3778 - Prince William Drive).
BY-LAW 2005-230 A by-law to dedicate certain lands as part of the highways of the
Town of Markham (Block 109, Plan 65M-2016 - Torrance Road).
BY-LAW 2005-231 A by-law to amend By-law No.2003-238, a by-law to designate The
Josephus Reesor Tenant House as being of historic and/or architectural value or
interest (To revise legal description in Schedule "A" - 7447 9th
Line, Part of Lot 3, Concession 9, designated as Part 1, Plan 65R-27998).
BY-LAW 2005-232 A by-law to amend By-law No.2003-239, a by-law to designate The
Josephus Reesor House as being of historic and/or architectural value or
interest (To revise legal description in Schedule "A" - 7449 9th
Line, Part of Lots 3 and 4, Concession 9, designated as Part 2, 65R-27998).
BY-LAW 2005-233 A by-law to amend By-law No.2003-152, a by-law to designate The John
Noble Raymer House as being of historic and/or architectural value or interest
(To revise legal description in Schedule "A" - 7124 14th Avenue, Part
of Lot 6, Concession 9, designated as Part 2, Plan 65R-27047).
BY-LAW 2005-234 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Fieldgate Homes, north of 16th Avenue, east of
McCowan Road, Plan 65M-3806, Lots 59 to 64 and 76 to 88).
CARRIED
BY-LAW 2005-235 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Mattamy (Wykland) Limited, west of 9th Line and
south of the Markham By-pass - Blocks 309 to 320, Plan 65M-3767).
CARRIED
(Councillor J.
Virgilio abstained)
BY-LAW 2005-236 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (National Homes, Greenpark Homes, west of Highway
48 and north of 16th Avenue, Lots 1 to 6, 39 to 44, 74 to 94, 101 and 102,
Blocks 103, 107, 108, 110 and 116 to 120, Plan 65M-3794 and Block 67, Plan
65M-3789).
BY-LAW 2005-237 A by-law to amend Zoning By-law 177-96, as amended (York Region
District School Board, 61 Russell Jarvis Drive, Block 283, Plan 65M-3133 - To
remove the (H) Hold provision).
BY-LAW 2005-238 A by-law to amend Zoning By-law 177-96, as amended (Branstone
Estates Inc. (Greenpark Homes), Blocks 72, 73 and 75 Plan 65M-3719 - To remove
the (H) Hold provision).
BY-LAW 2005-239 A by-law to amend Zoning By-law 177-96, as amended (Sierra Lane
Town Villas Inc., Daniels Swan Lake Corp., F.S. Swan Lake Developments Ltd.,
Parts 1 and 2, Plan 65R-23608, Blocks 1, 2, 3, 5, 6, 7, 8, Part of Block 15 and
Blocks 16 to 25, Plan 65M-3482, Part of Lot 17, Concession 8 - To remove the
(H) Hold provision).
BY-LAW 2005-240 A by-law to amend Zoning By-law 165-80, as amended (Seneca
College of Applied Arts and Technology, 10 Allstate Parkway, Block 9,
Registered Plan M-2029 - To remove the (H) Hold provision).
BY-LAW 2005-241 A by-law to amend Zoning By-law 122-72, as amended (1421122 and
1421121 Ontario Limited, Volvo/Audi Dealership, 4072, 4086, 4096 Highway 7 East
- To remove the (H) Hold provision).
BY-LAW 2005-242 A by-law to amend Zoning By-law 304-87, as amended (Ibrans
Development Ltd., 7033 14th Avenue - To delete lands from the designate area of
By-law 304-87, as amended, so that they may be incorporated into By-law 177-96,
as amended, to permit development in accordance with residential plan of
subdivision 19TM-04001).
(Clause 4, Report No. 21, 2005)
BY-LAW 2005-243 A by-law to amend Zoning By-law 177-96, as amended (Ibrans
Development Ltd., 7033 14th Avenue - To permit development in accordance with
residential plan of subdivision 19TM-04001).
(Clause 4, Report No. 21, 2005)
BY-LAW 2005-244 A by-law to adopt Official Plan Amendment No. 143 (York Region
Condominium Corporation No. 279, 31 Porterfield Crescent - To permit a
management office and swimming pool associated to the condominium).
(Clause 8, Report No. 21, 2005)
BY-LAW 2005-245 A by-law to amend Zoning By-law 1767, as amended (York Region
Condominium Corporation No. 279, 31 Porterfield Crescent - To permit a
management office and swimming pool associated to the condominium).
(Clause 8, Report No. 21, 2005)
BY-LAW 2005-246 A by-law to amend Zoning By-law 90-81, as amended (Forest Bay
Homes Ltd., Armadale East Planning District (Planning District No.
24-2), north of Denison Street, east of Markham Road within Phase 6 of the
Villages of Fairtree subdivision - To adjust the mix of RSD4 and RSD5 zones to
reflect lotting on the Phase 6 final plan.)
(Clause 20 (Item 41), Report No. 41, 2004)
BY-LAW 2005-247 A by-law to adopt Official Plan Amendment No. 144 (Milliken Main
Street Area (Part of the Risebrough Planning District)
Official Plan Amendment and Secondary Plan).
(Clause 5, Report No. 21, 2005)
BY-LAW 2005-248 A by-law to amend Zoning By-law 47-85, as amended (Milliken Main
Street Area, Risebrough Planning District - To delete subject lands from the designated area of
By-law 47-85, as amended, so that they may be included with the designated area
of By-law 177-96, as amended, to implement the Milliken Main Street Secondary
Plan).
(Clause 5, Report No. 21, 2005)
BY-LAW 2005-249 A by-law to amend Zoning By-law 90-81, as amended (Milliken Main
Street Area, Risebrough Planning District - To delete subject lands from the designated area of
By-law 90-81, as amended, so that they may be included with the designated area
of By-law 177-96, as amended, to implement the Milliken Main Street Secondary
Plan).
(Clause 5, Report No. 21, 2005)
BY-LAW 2005-250 A by-law to amend Zoning By-law 177-96, as amended (Milliken Main
Street Area, Risebrough Planning District - To implement the Milliken Main Street Secondary Plan).
(Clause 5, Report No. 21, 2005)
BY-LAW 2005-251 A by-law to designate the Milliken Main Street Secondary Plan
Area as a Community Improvement Project Area.
(Clause 5, Report No. 21, 2005)
BY-LAW 2005-252 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
(Fees for conducting civil marriage ceremonies)
(Clause 2, Report No. 6, 2005)
BY-LAW 2005-253 A by-law to amend Parking By-law 2005-188 (Paid Parking - Ferrier
Road, Allstate Parkway, and Markham Centre areas).
(Committee of the Whole Motion - June 28, 2005)
BY-LAW 2005-254 A by-law to regulate animal care & licencing (Animal Control
By-law) (Repeals By-laws 2001-23 and 182-96).
(Clause 7, Report No. 20, 2005)
BY-LAW 2005-255 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 (Fees
for the licencing of animals).
(Clause 7, Report No. 20, 2005)
BY-LAW 2005-256 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Peter G. Mustard House, 14 Alexander Hunt
Place).
(Clause 4, Report No. 11, 2005)
BY-LAW 2005-257 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (Daniel Quantz House, 2960 Sixteenth Avenue).
(Clause 3, Report No. 11, 2005)
BY-LAW 2005-259 A by-law to amend By-law 2002-178, a by-law to appoint Municipal
Law Enforcement Officers (Add Officers to Schedule B)
BY-LAW 2005-260 A by-law to amend By-law No. 105-71, a by-law authorizing speed
limits, reducing the maximum speed on 19th Avenue from 9th Line to Reesor Road
to 50 km/h from July 4, 2005 to September 30, 2005.
(Committee of the Whole Motion - June 28, 2005)
CARRIED
Moved by
Councillor E. Shapero
Seconded by
Councillor G. McKelvey
That Council
recess into Committee of the Whole in-camera.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor S. Daurio
Seconded by
Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Deputy Mayor
F. Scarpitti reported the following motions passed at the Committee of the
Whole meeting:
(13) REGION OF YORK 16TH
AVENUE SEWER PHASE II
CONVEYANCE OF EASEMENT –
(10.7)
That the
report dated June 28, 2005 from the Director
of Engineering regarding the Region of York 16th Avenue sewer phase II project and the conveyance of easement, be received;
And
that the Mayor and Clerk be authorized to execute the necessary documents to
convey a permanent easement over Part 5 and 8 Plan R262802, and if necessary a
temporary working easement over Part 6 and 7 Plan 64R-8270, to the Region of
York for the construction of the 16th Avenue sanitary sewer and
shaft;
And
that the terms of the easements be to the satisfaction of the Town Solicitor
and Director of Engineering;
And
that the Region of York be permitted to enter and start construction within
Part 5 and 8, Plan R262802 prior to the dedication of the easements subject to
receipt of the contractor’s liability insurance protecting the Town of Markham
with terms satisfactory to the Town’s Treasurer and Solicitor;
And
that Kees
Schipper,
Commissioner, Transportation and Works, Region of York, be advised accordingly.
(14) OFFICIAL PLAN AMENDMENT NO. 116
(ROUGE NORTH MANAGEMENT AREA)
OPTIONS TO ADDRESS THE
PROVINCIAL GREENBELT PLAN (10.3)
That the
confidential staff report entitled “Official
Plan Amendment No. 116 - Options to Address the Provincial Greenbelt Plan”,
dated June 21, 2005, be received;
And that the
Minister of Municipal Affairs and Housing be requested to provide the Town with
a position on Council’s request to prescribe Official Plan Amendment No. 116
under the Greenbelt Protection Act (2005) prior to commencement of the Ontario
Municipal Board pre-hearing on July 21, 2005;
And that
should the Minister of Municipal Affairs and Housing not prescribe Official
Plan Amendment No. 116, staff be directed to prepare a new draft Official Plan
Amendment for the Rouge North Management Plan area, incorporating the Greenbelt
Plan boundary and policy references, as outlined in this report;
And that staff
be authorized to release the draft amendment for circulation to affected
agencies and interested stakeholders in the Summer of 2005 and proceed to a
statutory public meeting in early Fall 2005 to obtain public input;
And that staff
report back to Council following the public meeting with recommendations for
implementation;
And that the
Ontario Municipal Board be advised of the Town’s preferred option at the next
pre-hearing scheduled for July 21, 2005
to repeal and replace Official Plan Amendment No. 116 with a modified Official
Plan Amendment incorporating the Provincial Greenbelt Plan boundary and
appropriate policy references, to reflect mandated Provincial policy.
(15) WISMER MARKHAM DEVELOPMENT INC. (METRUS)
9442 AND 9506 HWY 48, APPEALS
TO THE ONTARIO
MUNICIPAL BOARD OF
APPLICATIONS TO REZONE FROM
RURAL RESIDENTIAL TO MAJOR
COMMERCIAL AREA
(ZA 03 113694, ZA 04 024270)
(10.5)
That Council
approve in principle the rezoning of 9442 and 9506 Highway 48 to Major
Commercial subject to a restriction on the maximum size of retail premises to 6000m2 and subject to a holding
zone provision, to be removed upon site plan approval and execution of a site
plan agreement;
And that a
Public Meeting be scheduled for September, 2005, to consider an amendment to
the zoning by-laws for 9426 and
9462 Highway 48 to restrict the maximum individual retail premise size to 6000m2,
and add a hold provision to the zoning, to be removed upon site plan approval
and execution of a site plan agreement;
And that staff be directed to bring forward a
draft zoning by-law for 9442, 9426, 9462 and 9506 Highway 48 following the
public meeting;
And that the Town Solicitor be instructed to
do all things necessary to give effect thereto.
(16) POWERSTREAM
SHAREHOLDER’S MEETING (13.8)
That the Deputy Mayor be appointed, in the
absence of the Mayor, to represent the Town of Markham at the Annual PowerStream
Shareholders Meeting on June 22, 2005 and that the appropriate
amendment to the Revised and Restated Shareholders Declaration be made.
(17) STATUS REPORT ON THE
PHASE 1 ENTERPRISE DRIVE/
HELEN AVENUE EXTENSION & GO RAIL GRADE
SEPARATION CONSTRUCTION
PROJECT (5.10, 5.14.2 & 7.0)
That
the confidential report entitled “Status Report on the Phase 1 Enterprise Drive/Helen
Avenue Extension & GO Rail Grade Separation Contruction Project”
dated June 20 2005 be received;
And that
staff be
authorized to issue a purchase order to Miwel Construction in a total amount of
$876,615.33 inclusive of 7% GST,
($819,299.66 exclusive of GST) for the settlement of the contractor’s claim for
lost productivity and increased overhead costs resulting from delays in the
project;
And
that staff be authorized to issue a
purchase order to Miwel Construction in a total amount of $ 730,967.02 inclusive of 7% GST, ($
683,146.75 exclusive of GST) for the
cost of extra work completed on the project to date;
And that a contingency amount of $775,750
inclusive of 7% GST ($725,000 exclusive of 7% GST) be established to cover the
cost of future additional construction work required to complete the project
and that the Director of Engineering be authorized to
approve expenditure of this contingency amount up to the specified limit and to
provide a monthly statement of these expenditures to the Town Treasurer;
And that funding for the above works be provided from
the Engineering Department’s 2004/2005 Capital Budget for
Phase 1 Enterprise Drive/Helen Avenue extension and GO Line Grade Separation
project;
And
that the Chief Administrative Officer be authorized to meet with Miwel
Construction to further negotiate a settlement on this matter;
And
that a further report be brought forward on accounting practices, sequence of
events, and how overruns of this nature could be prevented in the future.
(18) STATUS REPORT ON THE RODICK ROAD/HIGHWAY 407
GRADE SEPARATION CONSTRUCTION
PROJECT (5.10 & 7.5)
That
the confidential report entitled “Status
Report on the Rodick Road/Highway 407 Grade Separation Construction Project”
dated June 20, 2005 be received;
And
that staff be authorized to issue a purchase order to Graham Bros Construction
in a total amount not to exceed $1,737,888.83 inclusive of 7% GST, ($
1,625,129.75 exclusive of GST) for the additional construction costs to
complete the project as described in this report;
And
that a contingency amount of $738,300 inclusive of 7% GST, ($ 690,000
exclusive of GST) be established to cover any additional construction costs and
that the Director of Engineering be authorized to
approve expenditure of this contingency amount up to the specified limit and to
provide a monthly statement of these expenditures to the Town Treasurer;
And
that staff be authorized to issue purchase orders to Morrison Hershfield Ltd
for additional design, construction inspection and contract administration
services for the expanded scope of work required to complete the construction
in a total amount not to exceed $388,002.33 inclusive of 7% GST, ($362,619.00
exclusive of GST);
And
that staff be authorized to issue a purchase order to 407ETR for an amount not
to exceed $26,750 inclusive of 7% GST ($25,000 excluding GST) for the
additional cost of work carried out by 407ETR;
And that staff be authorized to establish a
Reserve Fund for the payment of 407 ETR maintenance and repair costs for the
Highway 407 grade separation structure for the balance of the 407 ETR lease
with the Province of Ontario as described in this report;
And
that the Engineering
Department’s 2005 Capital Budget be amended to include additional funding in
the amount of $ 924,453 for this project to be funded by development charges;
And
that the Chief Administrative Officer be authorized to meet with Graham Bros.
Construction to further negotiate a settlement on this matter;
And
that a further report be brought forward on accounting practices, sequence of
events, and how overruns of this nature could be prevented in the future.
Moved by Councillor S. Daurio
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
12. BY-LAWS
Moved by
Councillor D. Horchik
Seconded by
Councillor J. Webster
That By-law
2005-258 be given three readings and enacted.
BY-LAW 2005-258 A by-law to confirm the proceedings of the Council meeting of June 28, 2005.
(Council Meeting No. 13, 2005)
13. ADJOURNMENT
Moved by Councillor K. Usman
Seconded by Councillor J. Webster
That the meeting do adjourn.
CARRIED
Council adjourned at 12:25 a.m. on June 29, 2005.
___________________________________ __________________________________
SHEILA BIRRELL, TOWN CLERK DON COUSENS, MAYOR
(Signed)