2008-06-24
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 10
ROLL
CALL
Mayor F.
Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional
Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke,
Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti,
Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi,
Councillor A. Chiu. (13)
The Regular
Meeting of Council was held on June 24, 2008 at 7:04 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
A. Taylor,
Commissioner of Corporate Services
C. Conrad,
Town Solicitor
K.
Kitteringham, Deputy Clerk
B. Cribbett,
Treasurer
J. Wong, Technology Support
Specialist
P. Loukes, Commission Lead, Operations and
Waterworks
A. Seabrooke, Commission Lead, Library Services,
Fire Services, and Recreation & Culture
C. Raynor,
Committee Clerk
B. Nanninga,
Executive Assistant
J. Carnegie,
Director of Corporate Communications
D. Flaherty, Manager - Strategic Communications
S. Birrell,
Town Clerk
B. Wiles,
Manager of Enforcement
S. Laing,
Director of Human Resources
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor C. Moretti
disclosed an interest with respect to Markham Centennial Bocce Club proposed
facility lease terms and upfront payment (Clause 9, Report No. 34) by nature of
being a Director for Markham Centennial Bocce Club, and did not take part in
the consideration or discussion of or vote on the question of the approval of
such matter.
(2) Councillor C. Moretti
disclosed an interest with respect to West Cathedral Fire Hall (Clause 12,
Report No. 34, 2008) by nature of her son is employed by Fieldgate
Developments, and did not take part in the consideration or discussion of or
vote on the question of the approval of such matter.
(3) Councillor V. Burke
disclosed an interest with respect to Transition of the Thornhill Industrial
Area (Motion 1) by nature of being a part owner of a business on Guardsman Road
as well as some members of her family work at this business, and did not take
part in the consideration or discussion of or vote on the question of the
approval of such matter.
2. MINUTES
(1) COUNCIL MINUTES - JUNE 10, 2008
Minutes
Moved by
Councillor A. Chiu
Seconded by
Councillor L. Kanapathi
That the
Minutes of the Council Meeting held on June 10, 2008, be adopted.
CARRIED
3. PRESENTATIONS
Council
consented to add Presentation (5).
(1) PRESENTATION
ON TOWN'S CULTURAL ALLIANCE
WITH NORDLINGEN, GERMANY
(12.2.6)
Mr.
Lorne Smith, Town Historian, provided a presentation regarding Town's cultural alliance
with Nordlingen, Germany. He also
presented information on the upcoming visit of Lord Mayor Hermann Faul with Councillors and boys of the Knabenkapelle
(youth band), Nordlingen, Germany, on August 28 until September 6, 2008.
Moved by
Councillor J. Webster
Seconded by
Councillor C. Moretti
That Council
receive the presentation of Mr. Lorne Smith, Town Historian, regarding Town's
cultural alliance with Nordlingen, Germany.
CARRIED
(2) CANADIAN
ASSOCIATION OF MUNICIPAL ADMINISTRATORS (CAMA)
WILLIS AWARD FOR INNOVATION
"CLICK WITH MARKHAM"
- A UNIQUE PUBLIC ENGAGEMENT
PROGRAM (12.2.6)
Council was presented with the 2008 Willis
Award for Innovation regarding "Click with Markham" - A Unique Public
Engagement Program. The Canadian
Association of Municipal Administrators (CAMA) recognizes the value of
excellence and professionalism in municipal administration through their annual
national awards program in Canada. The
awards are presented to local governments in recognition of their creativities
and successful programs, projects or services.
Mr. Paul Scarafile, Regional
Solutions Manager, Canada and Mr. Brian Del Vecchio, Senior Account Executive, Project
& Business Development, Johnson Controls L.P., were in attendance to
present the award.
(3) SUPERINTENDENT
WAYNE KALINSKI RECOGNITION (12.2.6)
Council
recognized and thanked Superintendent Wayne Kalinski, York Regional Police,
District 5, for the support given to the community of Markham and for making
the streets safer. Superintendent
Kalinski has been with the district since 2002.
(4) 2007
SILVER DOLPHIN AWARDS (12.2.6)
Council recognized
the following winners of the 2007 Silver Dolphin Awards:
Local and Provincial Aquatic Achievement Award 2007:
- Brendon
Voumvakis
- Matthew
Li
National and International Aquatic Achievement Award 2007:
- Benn Stubbs
(5) PRESENTATION
TO SHEILA BIRRELL, TOWN CLERK (12.2.6)
Council
presented a Certificate of Appreciation to retiring Town Clerk Sheila Birrell,
in recognition of her 38 years of public service and thanked her for the
significant contributions she has made to the Town of Markham over the past 8
years.
__________________________________
Moved by
Deputy Mayor J. Heath
Seconded by
Regional Councillor
J. Jones
That
Council consider By-law 2008-164 immediately following the presentation regarding
the Town Clerk.
CARRIED
___________________________________
4. DELEGATIONS
Council
consented to add Delegations (1) to (6).
(1) Angelo Santorelli,
Trisan Construction, addressed Council regarding Award of Tender #021-T-08-2008,
Relining of Cast Iron and Ductile Watermains, and expressed his opposition to
the recommendation. (7.12.1) (Clause 2,
Report No. 38, 2008)
(2) Michael O’Brien, LIUNA,
Local 183, addressed Council regarding Award of Tender #021-T-08-2008, Relining
of Cast Iron and Ductile Watermains, and expressed his opposition to the
recommendation. (7.12.1) (Clause 2,
Report No. 38, 2008)
(3) Jay Telegdi, Greater
Toronto Sewer and Watermain Contractors Association, addressed Council
regarding Award of Tender #021-T-08-2008, Relining of Cast Iron and Ductile
Watermains, and spoke in support of an open and fair tendering process. (7.12.1) (Clause 2, Report No. 38, 2008)
(4) Annie Lam, addressed
Council regarding Baldath Rampersad Application for Rezoning and Site Plan
Approval to Permit a Daycare Centre and Medical Offices at 10137 Woodbine
Avenue, and expressed concerns regarding the proposed rezoning. (10.5 &
10.6) (Clause 7, Report No. 36, 2008)
(5) Edwin Lee, addressed Council
regarding Baldath Rampersad Application for Rezoning and Site Plan Approval to
Permit a Daycare Centre and Medical Offices at 10137 Woodbine Avenue, and
expressed his opposition to the proposed rezoning. (10.5 & 10.6) (Clause 7, Report No. 36,
2008)
(6) Bal Rampersad, addressed
Council regarding Baldath Rampersad Application for Rezoning and Site Plan
Approval to Permit a Daycare Centre and Medical Offices at 10137
Woodbine Avenue, and expressed his support of the
proposed recommendation. (10.5 &
10.6) (Clause 7, Report No. 36, 2008)
5. PETITIONS
(1) There
was no petition.
6(a) REPORT NO. 32 - GENERAL COMMITTEE (May 26,
2008)
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor G. Landon
That Report
No. 32 - General Committee comprising 1 clause be received and adopted.
(1) DEVELOPMENT CHARGES TRANSITION RULES
(7.11)
Report
That
the report titled “Development Charge Transition Rules” be received; and,
That
Council approve a transition policy for implementation of the proposed
development charge by-law amendments, as follows:
- that
subdivision applicants that have submitted all documentation required to
initiate the Subdivision Agreement, as set out in this report, on or before
30 days from the date of enactment of the 2008 Town Wide Hard and Area
Specific Development Charge By-laws, be charged development charges based
on the current 2004 bylaw rates, as indexed;
- that
site plans that have been endorsed by Council on or before 30 days from
the date of enactment of the 2008 Town Wide Hard and Area Specific
Development Charge By-laws, be charged development charges based on the
current 2004 bylaw rates, as indexed; and,
That
subdivision applicants that qualify for the 2004 development charge rates be
given until September 30, 2008 to register their subdivisions, failing which
the 2008 by-law rates apply; and,
That site plan
applicants that qualify for the 2004 development charge rates be given until
September 30, 2008 to complete the site plan agreement process and obtain a
building permit, failing which the 2008 by-law rates apply; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(b) REPORT NO. 33 - GENERAL COMMITTEE (June 9,
2008)
Council
consented to separate Clause (1).
Moved by
Councillor J. Virgilio
Seconded by
Councillor A. Chiu
That Report
No. 33 - General Committee comprising 5 clauses be received and adopted.
(1) 2008 LIFE CYCLE RESERVE STUDY UPDATE
(7.0)
Presentation
That the presentation entitled “2008 Life
Cycle Reserve Study Update” be received; and,
That Gas Tax funding be utilized to fund eligible
projects in the minimum amount of $1.5 million total over the 3 years 2009 -
2011, in order to sustain sufficient funds in the Life Cycle and Capital
Reserve Fund for the next 25 years (to year 2033); and,
That Staff will review the impact of
supplementing the funding of qualified life cycle assets with future Gas Tax
funding and report back during the 2009 budget discussion; and,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
CARRIED
(2) DEVELOPMENT CHARGES INDEXING JULY 1,
2008 (7.11)
Report
That
the report titled “Development Charges Indexing July 1, 2008” be received; and,
That
Council approve an increase in development charges of 3.57%, effective July 1,
2008; and further,
That
Council approve the application of the increase to both the Town Wide Soft
services (under the 2004 by-law) as well as the Area Specific and Town Wide
Hard services (under the 2008 by-laws).
CARRIED
(3) AWARD OF REQUEST FOR PROPOSAL 172-R-07
SUPPLY AND
DELIVERY OF SOFT DRINKS AND
RELATED EQUIPMENT (7.9)
Report
That the report entitled “Award of Request for Proposal 172-R-07
Supply and Delivery of Soft Drinks and Related Equipment” be received; and,
That
Request for Proposal 172-R-07 for the Supply and Delivery of Soft Drinks and
Related Equipment be awarded to the highest ranked bidder, Coca Cola Bottling
Company for a term of five (5) years with financial returns as per Attachment
“A”; and,
That the Supply and Delivery of Soft Drinks and Related Equipment contract
include a clause that requires an increase in non carbonated drinks component
from year 3 (years 1 & 2 at 50:50 carbonated vs. non carbonated) of the
contract to a complete transition into non carbonated drinks in the final year
of the contract; and,
That the Manager of Purchasing and Commission Lead, Community
and Fire Services in consultation with the Town Solicitor be authorized to
approve the final terms and conditions of the agreement; and,
That the $30,000.00 annual revenue towards beverage exclusivity
and the one time $50,000.00 signing bonus be credited to the Partnership
Revenue Account 795 797 9394 and the $50,000 signing bonus be transferred to
account 087 2800 200 Life Cycle & Capital Reserve Fund; and,
That
the $20,000.00 annual sponsorship revenue be utilized towards the Mayor’s
Dinner for the Arts, Markham Theatre and the Tony Roman Memorial Hockey
Tournament as outlined in financial consideration section of the report; and,
That the annual commission revenue be credited to the
appropriate revenue account in Recreation Services; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) QUALITY MANAGEMENT SYSTEM OPERATIONAL
PLAN
ENDORSEMENT (5.3)
Report Attachment
A Attachment
B
That
the report titled “Quality Management System Operational Plan Endorsement” be
received; and,
That
Council, as the Owner and Operating Authority of Town of Markham’s Drinking
Water System, accept and approve the Quality Management System Operational Plan
as the Operational Plan of the Town’s Quality Management System as required by
the Drinking Water Quality Management Standard;
and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) CANCELLATION,
REDUCTION OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001
(RESIDENTIAL) (7.3)
Report
That the
residential taxes totalling $25,274.96 be adjusted under Section 357 (in the
amount of $15,997.25) and Section 358
(in the amount of $9,277.71) of the Municipal Act, 2001 of which the Town’s portion
is estimated to be $6,405.76; and,
That
the Treasurer be directed to adjust the Collector’s Roll accordingly; and
further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(c) REPORT NO. 34 - GENERAL COMMITTEE (June
16, 2008)
Council
consented to add Clause (12) and to separate Clause (9).
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor
J. Jones
That Report
No. 34 - General Committee comprising 12 clauses be received and adopted.
(1) EAST MARKHAM COMMUNITY CENTRE (6.6)
That the
presentation on the East Markham Community Centre by Mr. D. Balmer, B. Arch., Associate D. Arthurs, OAA, Partner, & P. Fenech, OAA, Associate
Shore Tilbe Irwin & Partners be received; and,
That Council
endorse Building Design Option 3 as outlined in the presentation dated June 16,
2008, titled “East Markham Community Centre & Library Concept Presentation”
prepared by Shore Tilbe Irwin and Partners; and,
That Council
endorse the construction of an above-ground parking garage; and,
That staff report
back on the cost implications of constructing the parking garage in such a way
as to permit the construction of additional floors at a later date; and,
That Council
endorse Link Option B as outlined in the above-mentioned presentation; and,
That Council
approve the programming space as outlined in the above-mentioned presentation
including the aquatics viewing gallery; and further,
That staff
proceed to the detailed design stage of the East Markham Community Centre and
Library project; and,
That staff report
back in the fall of 2008 with an update on the process for relocating the
Markham Stouffville Hospital helipad and with options for providing a public
plaza space in the northeast corner of the project site.
CARRIED
(2) MUSEUM COLLECTIONS BUILDING (6.7)
That
the presentation by Mr. A. Wolfe, Project Engineer, and Mr. P. Burton and Mr. D Ecclestone,
Architects, Ventin Group,
regarding the Museum Collections Building be received; and,
That
the deputation by Mr. L. Smith, resident, expressing gratitude to Council for
endorsing improvements to the Museum Collections Building and underlining the
importance of attracting students to the Museum, be received; and,
That
Council endorse the proposed building structure outlined in the diagrams titled
“Markham Museum Collections Building”, dated June 12, 2008 prepared by The
Ventin Group Architects; and further,
That
staff be directed to report back with options for enhancing the accessibility
of the main entrance into the building.
CARRIED
(3) MINUTES
OF THE JANUARY 16, FEBRUARY 20, MARCH 19,
APRIL 16, & MAY 21, 2008 ADVISORY COMMITTEE ON
ACCESSIBILITY (16.0)
Jan.
16 Feb.
20 Mar.
19 Apr.
16 May
21 Letter
That
the minutes of the January 16, February 20, March 19, April 16, and May 21,
2008 Advisory Committee on Accessibility be received; and,
That
the following one (1) recommendation from the May 21, 2008 meeting be adopted:
(1) That the letter dated April 10, 2008, from the Town of Richmond
Hill requesting that the Regional Municipality of York increase the current
membership of the Regional Accessibility Advisory Committee to include a
representative from the Town of Richmond Hill’s Accessibility Committee be
received and endorsed.
CARRIED
(4) 106-T-08
REPLACEMENT OF 19TH AVENUE BRIDGE
OVER THE LITTLE ROUGE CREEK
(EAST OF HIGHWAY 48, B19) (7.12.2)
Report
That the report entitled “Award of Tender #106-T-08 19th Avenue Bridge Replacement over the Little
Rouge Creek (East of Highway 48, B19)” be received; and,
That the contract for #106-T-08 19th Avenue Bridge Replacement be awarded to the lowest priced supplier,
Bob Hendricksen Construction Ltd., in the amount of $754,930.00,exclusive of
contingency and GST; and,
That a contingency amount of $50,000.00, exclusive of GST be established to cover any
additional construction and consultant costs and that the Director of Asset
Management be authorized to approve expenditure of this contingency amount up
to the specified limit in accordance with the Expenditure Control Policy; and,
That the award cost
of $754,930 and $50,000 contingency be funded from the allocated budget of
$810,000.00 in 2008 Capital Budget account 058-6150-8287-005, Replacement of 19th Avenue Bridge; and,
That the remaining
balance $5,070 in account 058-6150-8287-005 be used for other project related
activities as identified under financial considerations; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) AMENDMENTS TO FEE BY-LAW 2002-276 IN
RELATION TO
FIRE SERVICES, COMMUNITY &
FIRE SERVICES COMMISSION
(7.15)
Report Attachment
That
the Report titled “Amendments to Fire Services Fee By-laws 2002-276 in relation
to Fire Services, Community & Fire Services Commission” be received; and,
That
a by-law be enacted to increase the fees as set out in this report; and,
That
the Fire Services fees within the By-law be increased annually according to the
Consumers Price Index using the same Index as Recreation Services unless a
review indicates otherwise. In either
event, a review of the fees will take place at a minimum of once every three
(3) years; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-122)
CARRIED
(6) REPORT ON SPENDING OF 2007 MARKHAM
COUNCIL
GRANTS FOR ROUGE
PARK (7.0)
Report
That the staff
report entitled “Report on Spending of 2007 Markham Council Grants for Rouge
River Watersheds”, dated June 16, 2008, be received; and,
That a cheque
in the amount of $25,000 be issued to the Rouge Park Alliance for their
programs in 2007, as outlined in this report; and,
That the Rouge
Park be requested to follow the reporting and documentation guidelines for 2008,
as outlined in this report, and;
That,
conditional upon the receipt of a letter of intent from the Rouge Park Alliance
outlining how they intend to use the Town’s current year (2008) grant, a cheque
in the amount of $25,000 be issued for their programs in 2008; and,
That the Rouge
Park Alliance be directed to report back to staff in detail confirming how the
2008 funding was utilized and be advised that failure to do so will result in
2009 funding being denied, and further,
That this
process be followed for similar grants in the future.
CARRIED
(7) FINANCIAL
INCENTIVES FOR AFFORDABLE HOUSING-
EAST MARKHAM NON-PROFIT HOMES INC.- CONDITIONAL.
GRANT FOR DEVELOPMENT CHARGES AND REDUCED
CASH-IN-LIEU OF PARKLAND (7.0)
Report
That Council
authorize a conditional grant equal to Town of Markham development charges
estimated to be $664,989.90 and reduced cash-in-lieu of parkland contribution
(equivalent to 5% of the land value) payable, estimated at $90,000.00, to be
paid on 120 eligible affordable housing units in the proposed East Markham
Non-Profit Homes Inc. affordable rental housing project under the Canada
Ontario Affordable Housing Program (AHP); and,
That the
funding for the conditional grant be provided from the Corporate Rate
Stabilization Reserve; and,
That the grant
be conditional on East Markham Non-Profit Homes Inc. providing written
confirmation of a Canada Ontario Affordable Housing Program (AHP) funding allocation of not less than $8,400,000 to the
Commissioner of Development Services and the Commissioner of Corporate Services;
and,
That the grant
be conditional on the execution of an agreement between East Markham Non-Profit
Homes Inc. and the Town of Markham, respecting affordable rental rates, to the
satisfaction of the Town Solicitor; and,
That it be
acknowledged that the Region of York will consider at their June 5, 2008
Finance and Administration Committee making a similar grant of regional
development charges for this affordable housing project to demonstrate the
Region’s commitment to partnering with senior and local municipal levels of
government in support of affordable rental housing development in Markham and
York Region; and,
That the
September 2003 conditional grant approval for the Ling Liang Church be revoked,
pending a future application for affordable rental housing and reconsideration
of a conditional grant by Town of Markham Council; and,
That the Clerk
be direct to forward a copy of this report to the Minister of Municipal Affairs
and Housing, York Region MPPs and the Region of York; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution; and further,
That staff
report back in the fall of 2008 with a comprehensive report on how financial
incentives for affordable housing are handled.
CARRIED
(8) AWARD
OF TENDER #100-T-08 POMONA MILLS CREEK
EROSION RESTORATION PHASE I (7.12.1)
Report
That the June
16, 2008 staff report entitled “Award of Tender # 100-T-08, Pomona Mills Creek
Erosion Restoration – Phase I” be received; and,
That the Mayor and the Clerk be authorized to execute a Cost
Sharing Agreement between the Town of Markham and the Region of York as outlined in the attached draft cost sharing agreement,
to the satisfaction of the CAO, Town Solicitor and Town Treasurer; and,
That subject to the execution of the cost sharing agreement with
the Region of York, the contract for Tender # 100-T-08, Pomona Mills Creek
Erosion Restoration – Phase I be awarded to the lowest price qualified bidder,
R & M Construction Limited in the amount of $586,008.00 exclusive of GST;
and,
That a contingency amount of $90,000 exclusive of GST be
established to cover any additional construction costs and that the Director of
Engineering be authorized to approve the expenditure of this contingency amount
up to the specified limit; and,
That
staff be authorized to retain Aquafor Beech Limited as preferred supplier to
provide construction inspection and contract administration services during
construction of the project to an upset limit of $53,400 exclusive of GST; and,
That a contingency amount of $8,000 exclusive of GST be
established to cover any additional construction inspection and contract
administration services during construction and that the Director of
Engineering be authorized to approve the expenditure of this contingency amount
up to the specified limit; and,
That staff be authorized to retain Aquafor Beech Limited as
preferred supplier to provide post-construction monitoring services to an upset
limit of $20,000 exclusive of GST;
and,
That a contingency amount of $10,000 exclusive of GST be
established to cover the cost of any
environmental testing services which may be required to be conducted by
Aquafor Beech during construction and that the Director of Engineering be
authorized to approve the expenditure of this contingency amount up to the
specified limit; and,
That the approved $500,000.00 fund in the Asset Management
Department Capital Works account # 58-6150-8294-005 be transferred to a new
2008 capital account to be established within the Engineering Department and
that the Town’s portion of the project be funded from this account; and
further,
That staff be authorized and directed to do all things necessary
to give effect to this resolution.
CARRIED
(9) MARKHAM
CENTENNIAL BOCCE CLUB-PROPOSED FACILITY
LEASE TERMS AND UPFRONT PAYMENT (8.2)
Report
That
the report entitled “Markham Centennial Bocce Club – Proposed Facility Lease
Terms and Upfront Payment” be received; and,
That
the Mayor and Clerk be authorized to enter into a 20 Year Facility Lease Agreement
with the Markham Centennial Bocce Club for its 9,716 square foot facility at
the Centennial Community Centre on the terms and conditions contained in this
report, including the requirement for an upfront payment of $55,000; and,
That
the Mayor and Clerk be authorized to execute the necessary documentation to
give effect to the forgoing, said documentation to be in a form and content
satisfactory to the Chief Administrative Officer and the Town Solicitor; and,
That
all rent payments be applied against capital construction costs respecting the
Bocce Facility; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this report; and further,
That
the above resolution be reported out in public session.
CARRIED
(Councillor C. Moretti abstained)
(10) FENCE BY-LAW AMENDMENT (2.19)
Report
That
the report entitled “Fence By-law Amendment” be received; and,
That
the Fence By-law (By-law 277-97) be amended as outlined in Attachment ‘A’
–Proposed By-law Amendment; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2008-123)
(11) DEVELOPMENT CHARGES (7.11)
That the
report on the “Development Charge Additional Update” be received; and,
That the
following recommendations included in the June 9, 2008 report entitled
“Proposed 2008 Town Wide Hard and Area Specific Development Charges” be
approved;
That the report
“Proposed 2008 Town Wide Hard and Area Specific Development Charges” be
received; and,
That the summary responses to the comments from the
public and the development community be received for information; and,
That the policy
excluding local services from the calculation of development charges,
with the exception of East Precinct and South Unionville–Helen Avenue be
approved; and,
That no further
public meeting is required under Section 12 of the Development Charges Act 1997; and,
That the minutes
of the May 27, 2008 Development Charges Public Meeting be approved; and,
That Council
approve the development charge background study prepared by Hemson Consulting
Ltd. dated May 2008; and,
That it is
Council’s intent to ensure that the increase in the need for services to
service anticipated development will be met; and,
That it is
Council’s intent that infrastructure related to post 2021 development
identified in the background study shall be paid for by development charges or
other similar charges; and,
That Council
recognizes that there are operating costs associated with the implementation of
the capital program; and,
That the Town
Wide Development Charge By-law and the Area 4 Don Mills/Browns Corner Industrial
Area Specific Development Charge By-law include a clause that sets out the
development charges payable by East Markham Non-Profit Housing Inc, at the 2004
by-law rates, indexed to January 1, 2008; and,
That Council
approve the amendment to the transition provisions allowing subdivision
applicants 30 days to satisfy the requirements to initiate a subdivision
agreement from the date of enactment of the new Town Wide Hard (TWH) and Area
Specific Development Charge (ASDC) by-laws; and,
That Council
approve the amendment to the transition provisions allowing site plans 30 days from the enactment of the new TWH and
ASDC by-laws to be endorsed for approval; and,
That the development charge background study prepared by Hemson
Consulting Ltd. dated May 2008, be amended to reflect an additional amount of
$2.9M to be collected under the Town Wide development charge for additional
bridges benefiting the Town and this amount be
included in the proposed TWH charge by an amendment to the TWH by-law; and,
That
the Town of Markham Development Charge By-laws, as amended, be brought forward
to the June 24, 2008 Council Meeting for adoption by Council; and further,
That
staff be directed to do all things necessary to give effect to this report.
(Communication
No. 61-2008) (By-laws 2008-124 to 2008-144)
CARRIED
(12) WEST CATHEDRAL FIRE HALL (7.15)
Presentation
That the
presentation regarding the West Cathedral Fire Hall by Ms. J. Stewart, Thomas
Brown & Associates be received, and;
That staff be
directed to develop the detailed design and technical specifications with the
target of achieving the certification level of LEED Gold; and,
That Council
endorse the following quotation of Fire Services staff as contained in the
communication from the Director of Asset Management emailed to Council on June
24, 2008:
"To maintain adequate service to the public
it is important to have a fire station built in a timely fashion. The Cathedral
Fire Station is the station that currently could be completed the soonest so
that is the station that should go forward first."; and further,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(Councillor C. Moretti abstained)
6(d) REPORT NO. 35 - DEVELOPMENT SERVICES
COMMITTEE (June 10, 2008)
Moved by
Councillor J. Webster
Seconded by
Councillor D. Horchik
That Report
No. 35 - Development Services Committee comprising of 3 clauses be received and
adopted.
(1) TOWN INITIATED OFFICIAL
PLAN AMENDMENT
DEVELOPMENT PRINCIPLES FOR THE
LANGSTAFF AREA
(SD 03 – 116189) (10.3)
Report Attachment
That the report
entitled “Recommendation Report, Town
Initiated Official Plan Amendment, Development Principles for the Langstaff
Area, File SD 03 – 116189” be received; and,
That
the record of the Public Meeting held on November 20, 2007, be received; and,
That
the Official Plan amendment (attached as Appendix ‘A’) to establish a high
level policy framework for the future planning of the Langstaff area and to
identify in the Markham Official Plan that the Langstaff Area is part of an
Urban Growth Centre (Richmond Hill/Langstaff Gateway Urban Growth Centre) in
the context of the Provincial Growth Plan, be finalized, adopted, and forwarded to the
Region of York for approval; and,
That
Staff initiate
discussions with the Town of Richmond Hill about the use and disposition of the
lands that are currently subject to their municipal jurisdiction; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-145)
CARRIED
(2) ALDERLAND GROUP
201 HOOD ROAD
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO
PERMIT
FOUR MIXED-USE BUILDINGS
CONTAINING
OFFICES, RESTAURANTS, RETAIL
AND COMMERCIAL USES
(ZA 07 131772 & SC 08
107365) (10.5 & 10.6)
Report Attachment
That
the report dated June 10, 2008 titled “RECOMMENDATION REPORT, Alderland Group,
201 Hood Road, Zoning By-law Amendment and Site Plan applications to permit
four mixed-use buildings containing offices, restaurants, retail and commercial
uses” be received; and,
That
the record of the Public Meeting held on February 19, 2008 regarding the
proposed Zoning By-law Amendment be received; and,
That
the draft implementing Zoning By-law (ZA 07 131772) to amend By-law 108-81, as
amended, be finalized and enacted by Council at a later date; and,
That
the application for Site Plan approval (SC 08 107365) be endorsed in principle,
subject to the conditions attached as Appendix ‘A’ and incorporating “white
roof” technology for the lower buildings (“green roof” being proposed for the
office building) and conducting a feasibility study for the use of geo-thermal
energy, with results be shared with
staff; and,
That
Site Plan approval be delegated to the Director of Planning and Urban Design,
or her designate, to be issued following execution of a Site Plan Agreement.
Site Plan approval is issued only when the Director has signed the Site Plan;
and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2008-146)
CARRIED
(3) CIVIC MALL PRELIMINARY
DESIGN CONCEPT
MARKHAM CENTRE (10.0)
Report Attachment
That
the staff report dated June 10, 2008 titled “Civic Mall Preliminary Design
Concept, Markham Centre” be received; and,
Council
endorse the preliminary design concept for the Civic Mall, through the
Remington Group’s Downtown Markham project, as discussed in this report; and,
That Council
authorize staff to retain Janet Rosenberg and Associates, Landscape Architects,
as the Town’s consultant to proceed with further concept development as
required, detailed design work, cost estimating, and phasing options associated
with construction of Phase 1 of the Civic Mall park component, together with
YRRTC, the Technical Working Committee and the Remington Group; and,
That the purchase
order for Janet Rosenberg and Associates (P8266) for detailed design of the
park component within the Civic Mall be increased by $48,600 for the above
work; and,
That funding
for the above, in the maximum amount of $48,600, be from Planning and Urban
Design’s Capital Account #81-5350-7647-005 entitled “Markham Centre Amenity /
Urban Park (Phase I Design)” and that the balance in the account be retained
for the original purpose intended; and,
That
staff report back to Council on the proposed design for the Civic Mall,
including detailed cost estimates, funding sources, construction and phasing of
the Civic Mall, as well as operational and maintenance matters, in the fall of
2008; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(e) REPORT NO. 36 - DEVELOPMENT SERVICES
COMMITTEE (June 17, 2008)
(1) REQUEST FOR VARIANCE TO
THE
FENCE BY-LAW 277-97, AS
AMENDED,
FOR 7751 YONGE STREET (1547155
ONTARIO LTD.) (2.19)
Report Attachment
That
the report entitled, “Request for Variance to the Fence By-Law 277-97, as
amended, for 7751 Yonge Street (1547155 Ontario Ltd.)”, be received; and,
That
the request to permit a 2.1m (7ft.) high, wood, acoustic fence in the interior
side yard of a proposed residential condominium development at 7751 Yonge
Street (1547155 Ontario Ltd.) be approved; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) REQUEST FOR VARIANCE TO
THE
FENCE BY-LAW 277-97, AS
AMENDED,
FOR 2900 DENISON STREET
ISLAMIC SOCIETY OF MARKHAM
(FV 07 126490) (2.19)
Report Attachment
That
the report entitled “Request for Variance to the Fence By-Law 277-97, as
amended, for 2900 Denison Street, Islamic Society of Markham” be received; and,
That
the request to grant relief from the provisions of the Fence By-Law 277-97, as
amended, to permit a 1.5m (5ft.) high decorative iron fence with 1.8m high
decorative columns in a front and exterior flankage side yard of the place of
worship, located at 2900 Denison Street whereas the By-Law limits the fence
height in the front yard and exterior flankage side yard to 1.2m (4ft.), be
approved subject to the following conditions:
- The fence
design is to be consistent with the detail submitted. (Figure 3)
- Entry
gates must provide a minimum 6.0 meter clear width for fire truck access.
- No lock
is allowed to be installed as an internally integrated component of the
gate system. The gates may only be
chained (in order that the chain/lock may be cut by the Fire Department
staff in the event of an emergency).
- Entry
gates can be closed only when there is no occupancy in the building; and
further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) INTERPRETIVE PLAQUES
FOR
MOUNT JOY HERITAGE BUILDINGS (16.11)
Report Attachment
That
Council agree in principle to provide a grant from the Heritage Reserve Fund to
the Markham Village Conservancy to assist with the interpretive plaque project
for the Mount Joy portion of the Markham Village Heritage Conservation
District; and,
That
staff be directed to consult with representatives of the Markham Village,
Thornhill and Unionville Heritage Conservation Districts concerning the plaque
design for future, similar projects within those heritage conservation
districts; and,
That
staff report back in September of this year with the results of the
consultation with the other district representatives, with the preferred plaque
design, and to recommend funding for the Markham Village Conservancy project;
and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) TOWN INITIATED OFFICIAL
PLAN AMENDMENT
TO SET OUT THE
REQUIREMENTS FOR
COMPLETE APPLICATIONS SUBMISSIONS
AND TOWN INITIATED BY-LAW TO
SET OUT
DEVELOPMENT PROPONENTS TO
CONSULT
WITH TOWN STAFF
(OP.07-131262) (10.3)
Report Attachment
That the staff
report entitled “Recommendation Report, Town Initiated Official Plan Amendment
to Set Out the Requirements for Complete Applications Submissions, and Town Initiated By-Law to Set Out Development
Proponents to Consult with Town Staff File: OP.07-131262”, dated June 17, 2008
be received; and,
That the
record of the Public Meeting held on February 19, 2008 be received; and,
That
the Official Plan amendment (attached as Appendix ‘A’) to set out requirements
for Complete Applications be finalized
and adopted; and,
That
the By-law (attached as Appendix ‘B’) to set out the requirements for
Consultation be finalized and enacted; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-laws
2008-147 and 2008-148)
CARRIED
(5) ELIGIBILITY OF
ARCHIBALD FENWICK HOUSE
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES
4551 ELGIN MILLS ROAD (16.11)
Report Attachment
That
the vacant heritage house known as the “Archibald Fenwick House” be declared
eligible for relocation to Markham Heritage Estates due to its cultural heritage
significance as an excellent example of an Ontario Regency Cottage associated
with a prominent early Markham Township family, and its precarious state of
long-term vacancy and deterioration; and,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) RELEASE
OF EASEMENT
– PART OF LOTS 3
AND 4, CONCESSION 3
DESIGNATED AS PARTS 1 AND 2,
PLAN 65R-28378
BOX GROVE COMMUNITY (8.1)
Report Attachment
That the June 18, 2008 report entitled “Release of Easement – Part of
Lots 3 and 4, Concession 3, designated as Parts 1 and 2, Plan 65R-28378, Box
Grove Community”, be received; and,
That the Mayor and Clerk be authorized and directed to execute a
release of an easement over Part of Lots 3 and 4, Concession 3, designated as
Parts 1 and 2, Plan 65R-28378, and any other documents required to give effect
thereto; and further,
That
Staff be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(7) BALDATH RAMPERSAD
APPLICATIONS
FOR REZONING AND
SITE PLAN APPROVAL TO PERMIT A
DAYCARE CENTRE AND MEDICAL
OFFICES
AT 10137 WOODBINE AVENUE
(ZA 07127816 & SC 07
124013) (10.5 & 10.6)
Report Attachment
That the correspondence
from Annie Lam, Edwin Lee, Astrid Lam, Anita Woo, Danny Seto and Rita Lei,
Irene Au and Carlo and Camille Chiang be received; and,
That the
report dated June 17, 2008, entitled “Applications for rezoning and site plan
approval to permit a daycare centre and medical offices at 10137 Woodbine
Avenue” be received; and,
That Zoning
By-law Amendment application (ZA 07 127816) to amend By-laws 304-87 and 177-96,
as amended, submitted by Baldath Rampersad to permit a daycare centre and
medical/professional offices at 10137 Woodbine Avenue, be approved and the
draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and
enacted; and,
That
Site Plan Control application (SC 07 124013) submitted by Baldath Rampersad to
permit a daycare centre and medical/professional offices at 10137 Woodbine
Avenue, be endorsed in principle, subject to the conditions attached as
Appendix “B”; and further,
That
site plan approval be delegated to the Director of Planning and Urban Design or
her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the
Director has signed the site plan.
(By-laws 2008-149 and 2008-150)
CARRIED
(8) 1606090 ONTARIO LIMITED
78 & 90 LEE AVENUE
DRAFT PLAN OF SUBDIVISION (19TM-05013)
AND
ZONING BY-LAW AMENDMENT TO
PERMIT
10 SINGLE DETACHED DWELLINGS
ON THE
NORTH SIDE OF LEE AVENUE,
BETWEEN
BRIMLEY ROAD AND NOBLE STREET
(SU 05 013073 AND ZA 05
013080) (10.7, 10.5)
Report Maps By-law
That
the report dated June 17, 2008, entitled “1606090 Ontario Limited, 78 & 90
Lee Avenue, Draft Plan of Subdivision (19TM-05013) and Zoning By-law amendment
to permit 10 single detached dwellings on the north side of Lee Avenue, between
Brimley Road and Noble Street, (SU.05-013073 & ZA.05-013080)”, be received;
and,
That
the record of the Public Meeting held on December 6, 2005, regarding the
proposed plan of subdivision and zoning by-law amendment be received; and,
That
the record of the Public Meeting held on April 8, 2008, regarding the proposed
plan of subdivision and zoning by-law amendment be received; and,
That
draft plan of subdivision 19TM-05013 located on the north side of Lee Avenue
between Brimley Road and Noble Street, municipally known as Nos. 78 & 90
Lee Avenue, proposed by 1606090 Ontario Limited be draft approved subject to
the conditions outlined in Appendix ‘A’; and,
That
the Zoning By-law Amendment application (ZA. 05-013080) to amend By-law 193-81,
as amended, be approved as outlined in the staff report and the implementing
Zoning By-law attached as Appendix ‘B’, be finalized
and enacted; and,
That
the Hold provision appended to the zoning be lifted from Parcels ‘A’ and ‘B’
only, as outlined in the staff report and the implementing Zoning By-law
attached as Appendix ‘B’ be finalized and enacted; and,
That
the applicant provide to the Town the required payment of 30% subdivision processing
fees in accordance with the Town’s Fee By-law; and,
That
Council assigns servicing allocation for 8 units within the draft plan from the
Town’s reserves; and,
That
the Town reserves the right to revoke or re-allocate servicing allocation at
it’s sole discretion, should development not proceed in a timely manner; and,
That
the draft plan approval for plan of subdivision 19TM-05015 will lapse after a
period of three years commencing June 24, 2008, in the event that a subdivision
agreement is not executed within that period; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-151)
CARRIED
(9) INTENTION TO DESIGNATE
UNDER PART IV
OF THE ONTARIO HERITAGE ACT
MUNSHAW HOMESTEAD
10 RUGGLES AVENUE
CONDOR PROPERTIES LTD. (16.11.3)
Report Attachment
That
as recommended by Heritage Markham, the Munshaw Homestead – 10 Ruggles Avenue,
be approved for designation under Part IV of the Ontario Heritage Act as
a property of cultural heritage value or interest; and,
That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and further,
That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board.
(Communication
No. 63-2008)
CARRIED
(See following motion to defer
which was lost)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Clause 9, Report No. 36 regarding heritage designation for 10
Ruggles Avenue be deferred until September 2008 to enable additional
information to be gathered concerning the building.
MOTION LOST
(10) INTENTION TO DESIGNATE
UNDER PART IV
OF THE ONTARIO HERITAGE ACT
GEORGE R. COWIE HOUSE
5933 FOURTEENTH AVENUE
1113529 ONTARIO INC. (16.11.3)
Report Attachment
That
as recommended by Heritage Markham, the George R. Cowie House – 5933 Fourteenth Avenue, be approved for
designation under Part IV of the Ontario Heritage Act as a property of
cultural heritage value or interest; and,
That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and further,
That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board.
CARRIED
(11) ATTILIO VETTESE DSC Page 359
APPLICATION FOR
ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION
APPROVAL (19TM-0800001) TO
PERMIT
A RESIDENTIAL PLAN OF
SUBDIVISION AT
7085 14TH AVENUE
(ZA 08 110187 & SU 08
110200) (10.5, 10.7)
Report Attachment
That
the report dated June 17, 2008 entitled, “RECOMMENDATION REPORT, Attilio
Vettese, Application for Zoning By-law Amendment and Draft Plan of Subdivision
Approval (19TM-0800001) to permit a residential plan of subdivision at 7085 14th
Avenue” be received; and,
That
the record of the Public Meeting held on May 20, 2008, regarding the
applications for Zoning By-law Amendment and Draft Plan of Subdivision be
received; and,
That
draft plan of subdivision (19TM-0800001) by Attilio Vettese located on the
south side of 14th Avenue, east of Riverwalk Drive and west of the
CP Railway tracks within the Box Grove Community to permit 58 townhouse units
and 2 single-detached lots be draft approved subject to the conditions outlined
in Appendix ‘A’; and,
That
Zoning By-law Amendment Application (ZA 08 110187) submitted by Attilio Vettese
to amend By-law 304-87, as amended, and By-law 177-96, as amended, for lands on
the south side of 14th Avenue, east of Riverwalk Drive and west of
the CP Railway tracks, be approved and the draft implementing zoning by-laws
attached as Appendix ‘B’ be finalized and enacted; and,
That
servicing allocation for 58 townhouse units (163.6 populations) be granted to
19TM0800001; and,
That
the Town reserves the right to revoke or re-allocate servicing allocation at
it’s sole discretion, should development not proceed in a timely manner; and,
That
the Owner provide to the Town the required payment of 30% subdivision
processing fees in accordance with the Town’s Fee By-law; and,
That
the owner agrees to pay their proportionate share of the Highway 48 flow
control measures, to the satisfaction of the Director of Engineering; and,
That
the draft plan approval for plan of subdivision 19TM-0800001 will lapse after a
period of three years commencing June 17, 2008 in the event that a subdivision
agreement is not executed within that period; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws
2008-152 and 2008-153)
CARRIED
(12) RED BANNER DEVELOPMENTS
LIMITED
ZONING BY-LAW
AMENDMENT APPLICATION
TO CLARIFY THE RANGE AND NATURE OF
PERMITTED USES AND AMEND THE
PARKING STANDARDS
FOR 5970 AND 5990 16TH
AVENUE.
(ZA 08 115374) (10.5)
Report Attachment
That the
report dated June 17, 2008 entitled “PRELIMINARY REPORT, Red Banner
Developments Limited. Zoning By-law
Amendment Application to clarify the range and nature of permitted uses and to
amend the parking standards for 5906 and 5990 16th Avenue.” be
received; and,
That Staff be
authorized to schedule a statutory Public Meeting to consider the proposed Zoning By-law amendment
application; and,
That Council
authorize a full refund of the zoning application fee in the amount of $7,900
conditional on that the applicant work with Town staff on declaring road access
surplus and obtaining easement across the property; and,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(13) CRET 9900 MARKHAM
LIMITED
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT
AND SITE PLAN APPROVAL TO
PERMIT A
RETAIL PLAZA AND A
MULTI-SCREEN MOVIE THEATRE
NEAR THE SOUTHWEST CORNER OF
MAJOR MACKENZIE DRIVE
AND MARKHAM ROAD
(ZA 06 131832 & SC 08
106746) (10.5, 10.6)
Report Attachment
That
the report dated June 17, 2008, entitled “CRET 9900 Markham Limited,
Applications for Zoning By-law Amendment and Site Plan Approval to permit a
retail plaza and a multi-screen movie theatre near the southwest corner of
Major Mackenzie Drive and Markham Road”, be received; and,
That
the Zoning By-law Amendment application (ZA 06 131832) submitted by CRET 9900
Markham Limited to rezone the lands located on the south side of Major
Mackenzie Drive, west of Markham Road, municipally known as 5899 Major
Mackenzie Drive, from Rural Residential Four (RR4) under By-law 304-87, as
amended, to Major Commercial (MJC) under By-law 177-96, as amended, be approved
and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and
enacted; and,
That
the Site Plan Application (File No. SC 08 106746) submitted by CRET 9900
Markham Limited to permit a retail plaza and a multi-screen movie theatre near
the southwest corner of Major Mackenzie Drive and Markham Road, be endorsed in
principle, subject to the conditions attached as Appendix ‘A’; and,
That
staff and the applicant continue to consult with the Ward Councillor; and,
That
a review of the safety of the Major Mackenzie Drive entrance be undertaken
within 3 years of the development being constructed and that a financial
security be posted with the Town of Markham to allow for future access
revisions and/or traffic signals at the entrance to the site; and,
That
staff and the applicant look at an opportunity to provide a pedestrian link
and/or connection between the existing commercial development at the southwest
corner of Markham Road and Major Mackenzie Drive; and,
That
the Owner submit revised building elevations (as discussed in this report) to
the satisfaction of the Director of Planning and Urban Design; and further,
That
site plan approval be delegated to the Director of Planning and Urban Design or
her designate, to be issued following execution of a site plan agreement. Site Plan approval is issued only when the
Director has signed the site plan.
(By-laws
2008-154 and 2008-155)
CARRIED
(14) DOUGSON INVESTMENTS INC.
(VILLAGE NISSAN)
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
APPLICATIONS TO PERMIT AN
AUTOMOBILE DEALERSHIP
ON THE SOUTH SIDE OF FUTURE
SOUTH UNIONVILLE AVENUE
EAST OF KENNEDY ROAD
SOUTH UNIONVILLE COMMUNITY
(OP.06-132776 AND
ZA.06-132779) (10.3, 10.5)
Report Attachment
That
the correspondence from Chris & Scott Campbell be received; and,
That the staff
report dated June 17, 2008 entitled “Dougson Investments Inc. (Village Nissan),
Official Plan and Zoning By-law amendment applications to permit an automobile
dealership on the south side of future South Unionville Avenue, east of Kennedy
Road, South Unionville Community, File Nos. OP.06-132776 and ZA.06-132779;” be
received; and,
That
the minutes of the April 8, 2008 Public Meeting to consider the requested
Official Plan and zoning by-law amendments, be received; and,
That
the applications by Dougson Investments Inc. (Village Nissan) to amend the
Town’s Official Plan and zoning by-laws to permit an automobile dealership on
the south side of future South Unionville Avenue, east of Kennedy Road, be
approved; and,
That
staff be directed to finalize the draft Official Plan and Zoning By-law
amendments for consideration by Council on September 9, 2008; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(15) JOLIE HOME INC.
APPLICATION FOR
OFFICIAL PLAN AMENDMENT
FOR A MIXED-USE DEVELOPMENT
EAST SIDE OF KENNEDY ROAD
BETWEEN
CASTAN AVENUE AND SOUTH
UNIONVILLE AVENUE
SOUTH UNIONVILLE COMMUNITY
(OP 07 126509) (10.3)
Report Attachment
That
the report dated June 17, 2008 titled “Recommendation Report, Jolie Home Inc.;
Application for Official Plan Amendment for a mixed-use development; East side
of Kennedy Road between Castan Avenue and South Unionville Avenue; South
Unionville Community; File No. OP 07 126509” be received; and,
That
the record of the Public Meeting held on April 8, 2008 to consider the Official
Plan Amendment and corresponding zoning amendment applications, be received;
and,
That the
Official Plan Amendment application (OP 07 126509) be approved as outlined in
the staff report and the draft Official Plan Amendment attached as Appendix ‘A’
be finalized and adopted; and,
That staff
report back on the corresponding rezoning application together with the
required site plan application once detailed plans have been submitted and the
issues outlined in the June 17, 2008 staff report have been addressed to the
satisfaction of staff; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2008-156)
CARRIED
(16) HIGHWAY 48 SPEED LIMIT
REDUCTION
BETWEEN MAJOR
MACKENZIE DRIVE AND
EDWARD JEFFREYS AVENUE (5.12.2)
Report Attachment
A Attachment
B By-law
That
the report entitled “Highway 48 Speed Limit Reduction between Major Mackenzie
Drive and Edward Jeffreys Avenue” dated June 17, 2008, be received; and,
That Schedule B (60 km/h) of Speed Limit By-law 105-71 be amended to
include Highway 48 between Major Mackenzie Drive and Bur Oak Avenue; and,
That Schedule
F (50 km/h) of Speed Limit
By-law 105-71 be amended to include Highway 48 between Bur Oak Avenue and 16th Avenue; and,
That
the Operations Department be directed to remove the existing 80 km/h speed
limit signs upon approval of the attached by-law; and,
That the Operations Department be directed to
install the appropriate signs, funded through the 2008 Engineering budget, account
#8402; and,
That the York Regional Police Department be
requested to enforce the reduced speed limit upon installation of the signs;
and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-157)
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor J. Webster
Seconded by Regional Councillor T. Wong
That Clause 16, Report No. 36 regarding speed limit on Highway 48 be
amended to include:
- 60 km/h between Major Mackenzie Drive and Bur
Oak Avenue.
- 50 km/h on Highway 48
between Bur Oak Avenue and 16th Avenue.
CARRIED
(17) AWARD OF TENDER
#068-T-08
WOODBINE BYPASS CONSTRUCTION –
PHASE 1 (7.12.2)
Report Attachment
Updated
Report
That
the correspondence dated June 16, 2008 from Scott R. Cole, Cole Engineering
Group Ltd., be received; and,
That the report entitled “Award
of Tender # 068-T-08 Woodbine Avenue Bypass Construction – Phase 1” be received; and,
That the tender be awarded to the lowest price qualified bidder, TACC
Construction Ltd in the total amount of $11,033,279.68
exclusive of GST subject to the
receipt of funding as described in this
report; and,
That a contingency amount of $950,000 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 with monthly reporting to the Town Treasurer; and,
That the award of the contract for construction inspection and contract
administration services to Earth Tech Canada in the amount of $201,000 as
described in the April 11, 2006 staff report be confirmed; and,
That the value of the contract
for construction inspection and contract administration services to Earth Tech
Canada be increased by $90,500 to a total of $291,500 exclusive of GST to cover
the increased scope of services and updated construction schedule as described
in this report; and,
That a contingency amount of $32,700
exclusive of GST be established to
cover any additional construction inspection and contract administration costs
and that the Director of Engineering be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That staff be authorized to retain Earth Tech Canada to re-design the
Elgin Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary
Plan as required by the Ministry of Transportation for an upset limit not to
exceed $ 50,000 exceeding GST to be funded by Cathedral Developers; and,
That a contingency amount of $250,000.00 exclusive of GST be
established to cover the additional costs of constructing the Elgin
Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary Plan
and that the Director of Engineering be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That a contingency amount of $935,000 exclusive of GST to be funded
by Cathedral Developers be established to cover any Contractors claims which
may result from delays in obtaining the outstanding permits and approvals from
the TRCA and/or Ministry of Transportation and that the CAO be authorized to
approve expenditure of this contingency amount up to the specified limit; and,
That staff be authorized to retain the geotechnical consulting firm of
Geo-Canada Ltd. as a preferred supplier to provide geotechnical and materials
testing services during construction for an upset limit not to exceed $154,000
exclusive of GST; and,
That a contingency amount of $20,000
exclusive of GST be established to
cover any additional geotechnical and materials testing services during
construction and that the Director of Engineering be authorized to approve
expenditure of this contingency amount up to the specified limit; and,
That staff be authorized to issue a Purchase Order to Geo-Canada Ltd in
the amount of $80,000 to cover the cost of geotechnical and materials testing
services provided during the Woodbine Bypass trunk sanitary sewer project as
described in the June 19th 2007 report; and,
That staff be authorized to retain a qualified independent
environmental consulting firm in accordance with the Town’s Purchasing Bylaw to
provide on-site environmental monitoring to ensure compliance with TRCA permit
requirements for an upset limit not to exceed $65,000 exclusive of GST; and,
That staff be authorized to issue a Purchase Order to Powerstream Ltd
in the amount of $50,000 to cover the cost of connecting the street lighting
and traffic signal systems to the existing electrical distribution network;
and,
That the
sidewalk and illumination portions of the tender ($1,759,285.39) be funded from
the Engineering Department’s Capital Accounts #8339, #8400 and #8455; and,
That a
contingency amount of $ 338,230.50 exclusive of GST be established to cover
possible hydro power supply work and that the Director of Engineering be
authorized to approve expenditure of this contingency amount up to the
specified limit; and,
That staff be authorized and directed to
do all things necessary, including the execution of documents, to give effect
to the above; and,
That upon
payment of all the invoices, any remaining funds be applied to the construction
of outstanding works in Phase 1 and 2a of the Woodbine Avenue Bypass project;
and,
That the Ministry of Transportation and
the Region of York be advised that the Town of Markham does not support a
double left turn for eastbound Elgin Mills Road to northbound Woodbine By-pass;
and,
That staff proceed with the Class
Environmental Study for the Hwy 404 northbound exit ramp extension to Lord
Melbourne Street as the preferred route for truck access into the Cathedral and
404 North business lands; and,
That staff
confirm with the Region of York that the Region will pay all costs with respect
to the Carlton Creek culvert replacement.
CARRIED AS AMENDED
(See following motion to amend)
"That staff confirm with the Region
of York that the Region will pay all costs with respect to the Carlton Creek
culvert replacement."
CARRIED
6(f) REPORT
NO. 37 - DEVELOPMENT SERVICES PUBLIC MEETING (June 17, 2008)
Council consented to separate Clause (2).
(1) RULAND PROPERTIES INC.
DOWNTOWN MARKHAM – PHASE 1
ZONING BY-LAW AMENDMENT
APPLICATION
WEST SIDE OF THE BIRCHMOUNT
ROAD EXTENSION
PLAN 19TM01012
MARKHAM CENTRE
(ZA 08 110137) (10.5)
Report Attachment
That the
record of the Public meeting held on June 17, 2008, with respect to the
proposed zoning by-law amendment be received; and,
That the application by Ruland Properties Inc. to amend By-law 2004-196
as amended, to permit a 2.71 metres increase in
the maximum height of Building (F) to 33.71 metres, and an increase of 14.91
metres to 45.91 metres, for Building (E) be approved; and further,
That the proposed amendment to By-law 2004-196, as amended, be enacted
without further notice.
(By-law
2008-158)
CARRIED
(2) ESTEE LAUDER COSMETICS
80 ALDEN ROAD
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENT
APPLICATIONS TO PERMIT A
PARKING LOT
WITHIN THE HYDRO CORRIDOR
(OP 08 112499 & ZA 08
112500) (10.3, 10.5)
Report Attachment
That the record of the Public Meeting held on June 17, 2008, with
respect to “Estee Lauder Cosmetics, 80 Alden Road, Official Plan and Zoning
By-law Amendment applications to permit a parking lot within the Hydro Corridor
(File Nos. OP 08 112499 & ZA 08 112500 ),” be received; and,
That the Official Plan Amendment application (OP 08 112499) submitted
by Estee Lauder Cosmetics to permit a parking lot at 80 Alden Road within the
Hydro Corridor, be approved and the draft Official Plan Amendment be finalized
and adopted; and,
That the Zoning By-law Amendment application (ZA 08 112500) to amend
Zoning By-law 108-81, as amended, submitted by Estee Lauder Cosmetics to permit
a parking lot at 80 Alden Road within the Hydro Corridor, be approved and the
draft Zoning By-law Amendment be enacted without further notice; and further,
That staff be
authorized to review materials used in the construction of the parking lot,
including permeable pavers, in order to mitigate any potential run-off issues.
(By-laws
2008-159 and 2008-160)
CARRIED
(3) GREAT WEST DEVELOPMENTS
APPLICATION FOR
ZONING BY-LAW AMENDMENT
TO PERMIT A MEDIUM DENSITY
RESIDENTIAL
DEVELOPMENT ON CONDOMINIUM
ROADS AT THE
SOUTHEAST CORNER OF MARKHAM
ROAD AND ELSON STREET
(ZA 08 110695) (10.5)
Report Attachment
That the
correspondence from 73 Monique Court (on behalf of the neighborhood) be received;
and,
That the record of the Public Meeting held on June 17, 2008, with
respect to “Great West Developments, Application
for Zoning By-law Amendment (ZA 08 110695) to permit a medium density
residential development on condominium roads at the southeast corner of Markham Road
and Elson Street” be received; and,
That the Zoning By-law Amendment application (ZA 08 110695) to amend
By-law 90-81, as amended, submitted Great West Developments, to permit a medium density residential development on condominium
roads at the southeast corner of Markham Road and Elson Street, be approved and the draft Zoning By-law
Amendment be enacted without further notice.
(By-law
2008-161)
CARRIED
(4) FOREST BAY HOMES
ZONING BY-LAW AMENDMENT
APPLICATION TO PERMIT TWO
SEMI-DETACHED RESIDENTIAL LOTS
ON MONIQUE COURT
(ZA 08 107567) (10.5)
Report Attachment
That the
correspondence from 73 Monique Court (on behalf of the neighborhood) be
received; and,
That the record of the Public Meeting held on June
17, 2008, with
respect to “Forest Bay Homes. Zoning By-law Amendment application (ZA 08
107567) to permit two semi-detached residential lots on Monique Court”, be
received; and,
That the Zoning By-law Amendment application (ZA 08 107567) to amend By-law 90-81, as amended,
submitted by Forest Bay Homes to permit
two semi-detached residential lots on Monique Court, be approved and the draft Zoning By-law
Amendment be enacted without further notice.
CARRIED
6(g) REPORT NO. 38 - GENERAL COMMITTEE (June
23, 2008)
Council
consented to add Report No. 38 and to separate Clauses (2) and (3).
Moved by
Regional Councillor T. Wong
Seconded by
Regional Councillor
J. Jones
Report No. 38
- General Committee comprising of 13 clauses be received and adopted.
(1) DEVELOPMENT CHARGE CREDIT POLICY (7.11)
Report Attachment
That
Council approve the detailed policies included as Appendix A of this report
regarding development charge credit requests for Town capital works undertaken
by development proponents; and,
That
the Town Treasurer be delegated authority to approve applications for
development charge credits in respect of works done by and at the expense of
developers of site plans, in
accordance with the policy attached hereto; and,
That
the policies regarding development charge credits be applied to the current and
future Town of Markham Development Charges study, which includes associated
development charge policies; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
________________________________
Moved by Regional
Councillor J. Jones
Seconded by Regional
Councillor T. Wong
That Council refer
the matter regarding Relining of Cast Iron and Ductile Watermains to in-camera session
to receive legal advice (10:56 p.m.).
________________________________
(2) AWARD OF TENDER #021-T-08 2008 RELINING
OF CAST IRON
AND DUCTILE WATERMAINS
(7.12.1)
Report
That
the report
entitled “Award of Tender # 021-T-08 2008 Relining of Cast Iron and Ductile
Watermains” be received; and,
That
the contract for 2008 Relining of Cast Iron & Ductile Iron Watermains be
awarded to the lowest qualified priced bidder, Fer-Pal Construction in the
total amount of $861,430.00 exclusive of GST; and,
That a
contingency in the amount of $86,000 00
exclusive of GST be established to cover any additional construction costs and
that the General Manager of Waterworks be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That this
contract be drawn from the 2008 Capital Budget Account 053 6150 8069 005
“Cement Relining Iron Watermain” in the amount of $1,000,000.00; and,
That upon
completion of the project the remaining funds be returned to the original
funding source; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) POOL ALLOCATION POLICY UPDATE (6.0)
Presentation
That the presentation by Ms. B. Roth, Director,
Recreation Services, entitled “Pool Allocation Policy Update” be received; and,
That the deputations from Ms. N. Garritano, on behalf of Markham Aquatic Club (MAC), Mr. M.
Berube, Head Coach, MAC, Mr. D. Paradkar (MAC), Mr. P. MacNamara (MAC), and Mr.
J. Stubbs (MAC), all in opposition to the staff recommendation and from Ms. K.
Salvo, Markham Mallards and Mr. S. Vangerof, Head Coach, Markham Mallards, in
support of the staff recommendation be received; and,
That the current allocation of total pool
time (total hours and time slots) to the Markham swim clubs be maintained; and,
That staff and representatives from all
Markham swim clubs work together over the next 14 days on possible amendments
to the current allocation of time slots in an effort to better meet the needs
of each Club, with staff authorized to implement any agreed changes, and
failing any agreed changes, the Aquatics Advisory Committee meet with staff and
representatives of Markham’s swim clubs to further discuss the allocation of time
slots; and,
That the Pool Allocation Working Group be
renamed as the Aquatics Advisory Committee and be tasked with working with
representatives from Markham swim clubs in order to develop a fair and
equitable policy on pool allocation that will serve as a model for other
municipalities; and,
That staff consider innovative options, such
as public and/or private partnerships, for increasing the amount of pool time
available to user groups and report back prior to the 2009-2010 season; and,
That staff report back on the effectiveness
of the Town’s current aquatic programs relative to Markham’s swim clubs and
with options for increasing capacity in existing Markham pools; and further,
That staff be
directed to conduct a needs analysis relative to Markham’s aquatic programs and
facilities and report back as expeditiously as possible.
CARRIED AS AMENDED
(Paragraphs 1 to 6 carried on a
unanimous recorded vote)
(See following motions to amend)
Council consented to
division of Paragraph 7.
Moved by Councillor
C. Moretti
Seconded by Regional
Councillor J. Jones
That Paragraph 7
be amended to read as follows:
"That staff report back on
the effectiveness of the Town’s current aquatic programs relative to Markham’s
swim clubs and with options for increasing capacity in existing Markham
pools;"
CARRIED
Council consented
to delete the following from Paragraph 7, after the words "…relative to
Markham's swim club…":
"…on the feasibility of providing a 50
metre pool in the future East Markham Community Centre and Library facility…".
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That the following be added as Paragraph 8:
"That staff be directed to conduct a needs analysis relative to
Markham’s aquatic programs and facilities and report back as expeditiously as
possible."
CARRIED
(4) VITAL STATISTICS (9.4)
Report Attachment
That
the service fee for issuing of a marriage licence be increased from $100.00 to
$125.00; and,
That
the service fee for the rental of the wedding chapel be increased from $150.00
to $175.00 (GST included); and,
That the
service fee charged for Commissioner of Oaths and Certifications be increased
from $15.00 to $20.00; and further,
That By-law
2002-276, as amended, be amended to include the new revised fees.
(By-law
2008-179)
CARRIED
(5) EXTENSION OF CONTRACT 068-R-06
CONSULTING SERVICES
FOR FACILITY PROJECT
MANAGEMENT
AND SPACE PLANNING (7.12)
Report Attachment
That
the report entitled “Extension of Contract 068-R-06 Consulting Services for Facility Project Management and
Space Planning” be received; and,
That
contract 068-R-08 “Consulting
Services for Facility Project Management and Space Planning” be
extended to include the construction projects at 8100 Warden Avenue; and,
That
the construction projects undertaken at 8100 Warden Ave shall be Zero Waste
Construction; and,
That the
current Purchase Order for Consulting
Services for Facility Project Management and Space Planning with
Mayhew and Associates be increased to an upset limit of $1,446,000 exclusive of
GST; and,
That the contract costs be funded from the 2008 Capital Relocation of Fire Admin and
other Civic Centre Departments account
056 6150 8283 005 in the amount of $950,000.00 and 2008 Corporate
Accommodation – Annual Program account 056 6150 8101 005 in the amount of
$496,000.00; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) 2008 MARKHAM VILLAGE BUSINESS
IMPROVEMENT AREA (BIA)
OPERATING BUDGET (3.11)
Report Attachment
That
the report entitled “2008 Markham Village B.I.A. Operating Budget” dated June
23, 2008 be received; and,
That
the Operating Budget in the amount of $236,119 for the Markham Village B.I.A.
be approved; and,
That
the Special Tax Rate levy, in the amount of $202,185, for the Markham Village
B.I.A. members be included in the 2008 Tax Levy By-law; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) 2008 UNIONVILLE BUSINESS IMPROVEMENT
AREA (BIA)
OPERATING BUDGET (3.12)
Report Attachment
That
the report entitled “2008 Unionville B.I.A. Operating Budget” dated June 23,
2008 be received; and,
That
the 2008 Operating Budget in the amount of $205,506 for the Unionville B.I.A.
be approved; and,
That
the Special Tax Rate levy, in the amount of $199,500, for the Unionville B.I.A.
members be included in the 2008 Tax Levy By-law; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(8) 2008 BUSINESS IMPROVEMENT AREA (BIA)
TAX LEVY BY-LAW (3.11 &
3.12)
Report
That a by-law
be approved to provide for the levy and collection of a special charge against
all rateable property in a business property class in the Unionville Business
Improvement Area in the amount of $199,500 and in the Old Markham Business
Improvement Area in the amount of $202,185; and,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2008-180)
CARRIED
(9) CONDOMINIUM WORKING GROUP MEMBERSHIP
(3.7)
Report
That the
following residents of the Town of Markham be appointed to the Markham
Association of Townhome Condominium Owners (MATCO) Condominium Working
Group: Ed Schollen, Bert Taylor, Brian
Gordon, Ray Chan, and Ernie Nyitrai; and,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(10) CORNELL OVERNIGHT PARKING PERMIT PILOT
PROGRAM (2.17)
Report
That
the report entitled “Cornell Overnight Parking Permit Pilot Program” be
received; and,
That
a one year pilot program for overnight permit parking be implemented on the
streets of the Cornell subdivision
designated on Schedule A; and,
That the Parking Control By-law be amended to
permit overnight parking on the streets in Cornell Subdivision designated
on Schedule A, subject to the fees
established in the Parking Control By-law
for permit parking in the Cornell subdivision; and,
That at the conclusion of the one year pilot
period, a public consultation meeting be convened to receive feedback on the
pilot program from residents in the pilot program area; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-181)
CARRIED
(11) COUNCIL ISSUES (16.0)
Report
That two regular
General Committee meetings be scheduled each month from 9:00 a.m. to 2:30 p.m.;
and,
That one General
Committee meeting be scheduled once a month from 9:00 a.m. to 12:00 noon for
the purpose of receiving presentations and for workshop sessions; and,
That staff report back in September 2008 on the feasibility of holding
all Standing Committee meetings in the Council Chambers; and,
That staff be
directed to arrange for the use of the public address system to notify
delegates of upcoming items and to acquire a wall clock and a podium clock to
ensure delegates do not exceed the allotted time; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(12) WINTER OPERATIONS TENDERS (5.0)
That staff
continue to investigate options to reduce the net cost of the award of tenders
095-T-08 and 032-T-08, and resulting impact on future Operating Budgets; and,
That the CAO
be authorized to award tenders 095-T-08 and 032-T-08 to the upset limit of the
bid prices; and further,
That the
budget impacts resulting from the award of these tenders be dealt with through
the 2009 Budget process.
CARRIED
(13) APPOINTMENTS TO ADVISORY COMMITTEES
(16.24)
That Mr. Richard Morales be
appointed to the Heritage Markham Committee as the Markham Representative for
the term ending November 30, 2011.
CARRIED
6(h) REPORT NO. 39- DEVELOPMENT SERVICES
COMMITTEE (June 24, 2008)
Moved by Regional
Councillor J. Jones
Seconded by
Regional Councillor T. Wong
CARRIED
(1) REQUEST
FOR DEMOLITION OF DWELLING
12 EUCLID STREET
UNIONVILLE HERITAGE
CONSERVATION DISTRICT
(10.0 & 16.11)
Report Attachment
That the staff report titled “Request for
Demolition of Dwelling, 12 Euclid Street, Unionville Heritage Conservation
District” dated June 10, 2008, be received; and,
That Council approve the demolition of 12
Euclid Street, subject to the following terms and conditions as per Section
42(4) of the Ontario Heritage Act:
1) The applicant advertise
for an extended period of 6 months the availability of the dwelling for
relocation (but not to Markham Heritage Estates) and/or salvage of materials to
try to divert the materials from landfill;
2) The applicant obtain Site
Plan Approval for the new dwelling, prior to the issuance of the demolition
permit;
3) The new dwelling unit be approximately 3,000 sq ft in
size, to be compatible with the neighbourhood and comply with the Unionville
Heritage Conservation District Plan; and
4) The
applicant work with staff to retain mature trees and vegetation on the
property; and,
That the applicant be notified of Council’s
decision as per the requirements of the Ontario Heritage Act; and
further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(See following recorded vote)
(9:4)
YEAS: Deputy
Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon,
Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster,
Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (9)
NAYS: Mayor
F. Scarpitti, Regional Councillor T. Wong, Councillor V. Burke, Councillor E.
Shapero. (4)
(2) YMCA BOULEVARD “PAY & DISPLAY”
ON-STREET PARKING (5.12.4)
Report Attachment
A By-law
That the report entitled “YMCA
Boulevard “Pay & Display On-street Parking” dated June 24, 2008, be received; and,
That Schedule “C” of Parking By-law 2005-188,
pertaining to “Prohibited Parking”, be approved as outlined in the attached
by-law; and,
That Schedule “L” of Parking By-law 2005-188,
pertaining to “Machine Control Areas
(Highways)”, be approved as outlined in
the attached by-law; and,
That the Parking Control Department be
directed to enforce the parking control by-laws upon installation of the signs;
and,
That the cost
associated with the installation of the on-street “Pay and Display” system be
drawn from Engineering Capital account – “Paid Parking Program” # 045-6900-4817-005 to
maximum of $2,000; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-182)
(3) 1475398 ONTARIO INC. (TOWN AND COUNTRY
BMW)
EAST SIDE OF KENNEDY ROAD,
BETWEEN
SOUTH UNIONVILLE AVENUE AND
HELEN AVENUE
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENT TO
PERMIT
AN ADDITIONAL AUTOMOBILE
DEALERSHIP
(OP 06 132776 AND ZA 06
132779) (10.3 & 10.5)
Memo Attachment
That the memorandum
dated June 24, 2008 from the Commissioner of Development Services regarding
applications by 1475398 Ontario Inc. (Town and Country BMW) for Official Plan and zoning by-law amendment to permit an
additional automobile dealership on the
east side of Kennedy Road, between South Unionville Avenue and Helen Avenue, be
received; and,
That
Development Services Committee direct staff to bring forward Official Plan and
zoning by-law amendments to the September 9, 2008 meeting of Council,
concurrent with the implementing amendments for Dougson Investments Inc.
(Village Nissan), as discussed by Development Services Committee on June 17,
2008.
CARRIED
(4) MARKHAM ‘GIRO’
CYCLING EVENT
SUNDAY, AUGUST 10,
2008 (5.12)
Report Map
That
the report entitled “Markham ‘Giro’ Cycling
Event, Sunday, August 10, 2008, dated June 24, 2008, be received; and,
That
Council endorse this event and instruct staff to collaborate with the Cycling
and Pedestrian Advisory Committee and the D’Ornellas Racing Team to promote and
assist with the overall event operation; and,
That
motor vehicle traffic on Cochrane Drive be restricted to one lane, one way
traffic flow, between the hours of 8:00 AM and 12:00 PM (Noon) to accommodate
the 1.8 KM ‘Giro’ course; and,
That
an upset limit of $2,000 to support this event be approved and funded under the
Engineering Capital Account #083-5399-8113-005 - Cycling Awareness Program; and
further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
7. MOTIONS
Council
consented to add Motions (1) and (2).
________________________________
Moved by
Councillor E. Shapero
Seconded by
Councillor J. Virgilio
That Council
consent to the introduction of a motion regarding Transition of the Thornhill
Industrial Area.
CARRIED
________________________________
(1) TRANSITION
OF THE THORNHILL INDUSTRIAL AREA TO A
HIGHER ORDER BUSINESS CORRIDOR
AREA (10.0)
Whereas
community compatibility issues have existed for many years within the Thornhill
residential and industrial areas; and,
Whereas the
Thornhill Industrial Area (John Street, Green Lane, Guardsman Road and Harlech
Court east of Bayview Avenue) is an area in need of investment, redevelopment
and revitalization; and,
Whereas
changes in land use and property ownership are beginning to occur in and around
the area; and,
Whereas the
Markham Official Plan and Thornhill Secondary Plan call for the area to
transition from Industrial to higher order Business Corridor Area uses; and,
Whereas
Markham Council has recently requested the Province, through its “Metrolinx”
transportation planning exercise, to consider improvements in higher order
transit service to Thornhill, including a potential future GO Transit commuter
rail station and “Mobility Hub” at John Street and the CN Rail Line;
Now Therefore
Be it Resolved,
That Staff
review and report back to Development Services Committee in Fall 2008 on
Official Plan, Secondary Plan and Zoning By-law provisions with the goal of
advancing and promoting the transition of the Thornhill Industrial Area to a
higher order Business Corridor Area, including addressing issues of land use
compatibility with the surrounding residential area and considering additional
restrictions on potentially incompatible or obnoxious employment uses; and,
That Staff be
authorized and directed to all things necessary to give effect to this
resolution.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
(Councillor V. Burke abstained)
____________________________________
Moved by
Councillor J. Virgilio
Seconded by
Councillor C. Moretti
That Council
continue the meeting from June 24, 2008 to past the hour of 12:00 a.m. on June
25, 2008.
CARRIED
____________________________________
Moved by
Councillor D. Horchik
Seconded by
Councillor J. Webster
That Council
consent to the introduction of a motion regarding the demolition of the John Ramer
House and Barn, 6278 19th Avenue.
CARRIED
____________________________________
(2) APPLICATION
BY MEMORIAL GARDENS CANADA LIMITED
TO DEMOLISH THE JOHN RAMER
HOUSE & BARN, 6278 19TH AVENUE (16.11)
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
Whereas the Town served a Notice of
Intention to designate the property described as The John Ramer House and Barn,
6278 19th Avenue, Town of Markham, Ontario (the “Property”) pursuant
to subsection 29(1.1) of the Ontario
Heritage Act, R.S.O. 1990, c. O.18 (the “Act”); and,
Whereas applications were made by Memorial Gardens Canada Limited on
November 8th, 2007 to demolish the John Ramer House and Barn and a
shed or storage building at the Property pursuant to section 34 of the Act (the
“Applications”); and,
Whereas a hearing was held before the Conservation Review Board on the
issue of whether it was appropriate for the Property to be designated under the
Act (the “Hearing”); and,
Whereas the Conservation Review Board has not provided
their report on the outcome of the Hearing as of June 19th, 2008;
and,
Whereas the Town’s decision with respect to the
Applications is outstanding;
Now therefore be it resolved,
That the Applications by Memorial Gardens Canada
Limited to demolish the John Ramer House and Barn and a shed or storage
building at 6278 19th Avenue, Town of Markham, made pursuant to
section 34 of the Ontario Heritage Act,
R.S.O. 1990, c. O.18, as amended, be refused.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
8. NOTICE OF MOTIONS
(1) There
was no notice of motion.
9. COMMUNICATIONS
Council
consented to add Communication No. 63-2008 to 65-2008.
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
58-2008 Markham Village
BIA - Requesting an approval from the Town of Markham regarding the applications
of temporary extension to the liquor licence to be utilized in conjunction with
the Main Street Markham Auto Classic being held on September 7, 2008 from 10:00
a.m. to 6:00 p.m. for the following establishments:
- The Duchess of Markham, 53 Main
Street North
- Main’s
Mansion Restaurant and Bar, 144 Main Street North
- The Artisan Pub, 48 Main Street North. (3.21)
Info
59-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Unionville House Restaurant, 187 Main
Street Unionville (extension of existing indoor and outdoor licence). (3.21)
Info
60-2008 Markham Village
BIA - Forwarding a request to temporarily close various streets at Main Street
Markham as follows:
Road to be closed
- Main Street Markham North
from Highway 7 to South of Parkway Avenue.
- Access east from Main Street Markham North is
closed to:
a) Centre
Street
b) Robinson
Street.
- Access west from Main Street Markham North is
closed to:
b. Dublin
Street
c. Robinson
Street
d. Wilson
Street
- Robinson Street West from Main Street
Markham North to Water Street.
Events, dates and times
- Markham Jazz Festival (August 17, 2008 from 10:00 a.m. to 6:00 p.m.)
- Main Street Markham Auto Classic (September 7, 2008 from 8:00 a.m. to
7:00 p.m.) (3.5)
(By-law 2008-163)
Info
61-2008 Commissioner of
Corporate Services - Outlining the changes that have been made to the proposed
development charges by-laws. (7.11)
(Clause 11, Report No. 34, 2008) (By-laws 2008-124 to 2008-144)
Memo
Referred to Commissioner of
Development Services & Town Solicitor
62-2008 Ontario
Municipal Board - Forwarding a decision regarding the following properties:
- 196 and 198 Langstaff Road East
- 201, 203, 205 Langstaff Road East, and 3 and 5 Essex Avenue
- 195 Langstaff Road East
- 139 Langstaff Road East
- 21 Essex Avenue (13.13).
(By-laws 2008-173 to 2008-177)
Info
Referred to all Members of
Council
63-2008 Roger T. Beaman,
Thomson Rogers, representative for the property owner of Munshaw Homestead, 10
Ruggles Avenue - Requesting Council defer the consideration of the heritage
designation for the subject property until September 2008 to enable additional
information to be gathered concerning the building. (16.11.3) (Clause 9, Report
No. 36, 2008)
Letter
64-2008 Commissioner of
Development Services - Providing information regarding removal of the
"Hold" provision for 1711509 Ontario Inc., 4600 Steeles Avenue East,
northeast corner of Steeles Avenue East and future Midland Avenue. (10.5)
(By-law 2008-183)
Memo
65-2008 Liquor Licence
Application - Forwarding a request to complete the Alcohol and Gaming
Commission Municipal Information Form for Wild Wing Boxgrove Inc., 70 Copper
Creek Drive, Building 'H', CRU # 2 (indoor licence for new establishment).
(3.21)
Info
CARRIED
10. PROCLAMATIONS
Council
consented to add Proclamation (1).
(1) PROCLAMATIONS
(3.4)
Info
Moved by
Councillor C. Moretti
Seconded by
Regional Councillor T. Wong
That the
following be proclaimed in the Town of Markham:
- Pierre Elliot Trudeau Day
(October 18, 2008); and,
That the Corporate Communications Department be
requested to publish the above proclamation in the local newspapers.
CARRIED
(Motion carried on a unanimous
recorded vote)
11. NEW/OTHER BUSINESS
Moved by Regional
Councillor J. Jones
Seconded by
Regional Councillor T. Wong
CARRIED
(1) PART
6, PLAN 65R-24474
ST. LUKES CEMETERY ADJACENT TO
ST. VLADIMIR UKRAINIAN
CATHOLIC CHURCH
AT 15 CHURCH LANE (8.1)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor G. Landon
That
the notice of the proposed sale for the Town own lands legally described as Part 6, Plan 65R-24474, be confirmed.
(In-Camera
Clause 2)
CARRIED
(2) UPDATE
ON ONTARIO POWER AUTHORITY'S (OPA'S)
LOCAL GENERATION RFP (NORTHERN
YORK REGION) (5.7)
Memo
Moved by Councillor
D. Horchik
Seconded by
Councillor A. Chiu
That the
Memorandum titled “Update on OPA’s Local Generation RFP (Northern York
Region)”, dated June 24, 2008, be received; and,
That Markham
Council reiterates its support for the OPA’s “Integrated Solution” for power
supply to Northern York Region comprised of: Demand Reduction; New Transformer
Station capacity; and Local Generation as adopted by Council on September 27,
2005 and further endorsed by Council on April 24, 2007 and November 27, 2007; and,
That the Town
of Markham remains strongly opposed to a transmission contingency solution for
Northern York Region and requests the OPA to continue to expedite local
generation supply options to Northern York Region; and,
That the OPA
be requested to review it’s draft RFP dated June 6, 2008 for 350 MW of peaking
generation in Northern York Region, with a view to placing a greater emphasis
on environmental, municipal consultation, and community outreach criteria in
the scoring and evaluation of proposals, as outlined in the Memorandum
attached; and,
That Council
support the submission of this Memorandum and Resolution to the Ontario Power
Authority, the Ontario Energy Board, the Ministry of Energy, Hydro One,
PowerStream, Region of York, and the Markham – Aurora Hydro One Task Force
Members; and,
That this
Memorandum and Resolution also be forwarded to the Premier, the Minister of
Energy, and Region of York M.P.P.s; and,
And that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(3) BILL CROTHERS SECONDARY SCHOOL OUTDOOR
SPORTS
FIELDS JOINT USE AND
MAINTENANCE AGREEMENT (8.2)
Report Attachment
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor
J. Jones
That
the report titled Bill Crothers Secondary School Outdoor Sports Fields Joint
use and Maintenance Agreement be received; and,
That
Council authorize the Mayor and Clerk to execute a joint use and maintenance
agreement with the York Region District School Board in respect of the Bill
Crothers Secondary School Outdoor Sports Fields, in a form and content satisfactory
to the Chief Administrative Officer and the Town Solicitor; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) UNIONVILLE BUSINESS IMPROVEMENT AREA
(BIA)
APPOINTMENT OF BOARD OF
DIRECTORS (16.24)
Letter
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor
J. Jones
That the
following appointments of the Unionville BIA Board of Directors for a term
ending November 30, 2010, be confirmed:
Sharon Taylor-Wood
Angela Wong; and,
That
the resignation of Lori Lievonen from the Unionville BIA Board of Directors be
accepted with regret and a letter of appreciation be forwarded.
12. BY-LAWS
Council
consented to add By-laws 2008-179 to 2008-184 and to separate By-laws 2008-157
and 2008-164.
Moved by
Councillor A. Chiu
Seconded by
Councillor C. Moretti
That By-law
2008-157 regarding the speed limit on Highway 48 be amended as follows:
- Highway 48
between Bur Oak Avenue and 16th Avenue (50 km/h)
- Highway 48
between Major Mackenzie Drive and Bur Oak Avenue (60 km/h)
CARRIED
Moved by
Deputy Mayor J. Heath
Seconded by
Regional Councillor
J. Jones
That By-law 2008-164
be given three readings and enacted.
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor C. Moretti
That By-laws 2008-96
and 2008-97, 2008-122 to 2008-163, 2008-165 to 177 and By-laws 2008-179 to
2008-184 be given three readings and enacted.
Three Readings
BY-LAW 2008-96 A by-law to regulate or prohibit the injury or destruction of
trees on private property within the Town of Markham (Tree Preservation By-law)
(Effective June 24, 2008).
(Clause 9, Report No. 26, 2008)
By-law
BY-LAW 2008-97 A by-law to amend Fee By-law 2002-276 (Tree Preservation By-law
Permit Fees) (Effective June 24, 2008).
(Clause 9, Report No. 26, 2008)
By-law
BY-LAW 2008-122 A by-law to amend Fee By-law 2002-276 (Fire services fees -
Annually according to the Consumers Price Index using the same Index as Recreation
Services).
(Clause 5, Report No. 34, 2008)
By-law
BY-LAW 2008-123 A by-law to amend Fence By-law 277-97 (To regulate garden
structures and other landscaping constructions).
(Clause 10, Report No. 34, 2008)
By-law
BY-LAW 2008-124 A by-law to establish Town-Wide Hard Services Development Charges
for the Corporation of the Town of Markham (repeals By-law 2004-222).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-125 A by-law to amend By-law 2008-124, being a by-law to establish
Town-Wide Hard Services Development Charges for the Corporation of the Town of
Markham (to revise the amount of the Town-wide hard services development
charges calculated and collected by the Corporation of the Town of Markham).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-126 A by-law to establish an Area Specific Development Charges By-law
for the Don Mills/Browns Corner Area 4 development Area of the Town of Markham
(repeals By-law 2004-225).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-127 A by-law to establish an Area Specific Development Charges By-law
for the Armadale Area 5 development area of the Town of Markham (repeals By-law
2004-226).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-128 A by-law to establish an Area Specific Development Charges By-law
for the Armadale North East Area 7 development area of the Town of Markham
(repeals By-law 2004-227).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-129 A by-law to establish an Area Specific Development Charges By-law
for the Milliken Mills Area 8 development area of the Town of Markham.
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-130 A by-law to establish an Area Specific Development Charges By-law
for the PD 1-7 Area 9 development area of the Town of Markham (repeals By-law
2004-228).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-131 A by-law to establish an Area Specific Development Charges By-law
for the Rodick/Miller Road Planning District Area 17 development area of the
Town of Markham.
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-132 A by-law to establish an Area Specific Development Charges By-law
for the South Unionville Area 42A development area of the Town of Markham
(repeals By-law 2004-333).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-133 A by-law to establish an Area Specific Development Charges By-law
for the South Unionville - Helen Avenue Area 42A-1 development area of the Town
of Markham (repeals By-law 2003-182).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-134 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre Area 42B development area of the Town of Markham
(repeals By-law 2004-234).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-135 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre - Clegg Area 42B-2 development area of the Town of
Markham (repeals By-law 2004-236).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-136 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre - Hotel Area 42B-4 development area of the Town of Markham
(repeals By-law 2004-238).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-137 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre - South Hwy. 7 Area 42B-6 development area of the Town
of Markham (repeals By-law 2004-239).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-138 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre - Sciberras Area 42B-8 development area of the Town of
Markham (repeals By-law 2004-241).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-139 A by-law to establish an Area Specific Development Charges By-law
for the Markham Centre - East Precinct Area 42B-9 development area of the Town
of Markham (repeals By-law 2004-242).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-140 A by-law to establish an Area Specific Development Charges By-law
for the Rouge North East Area 44A development area of the Town of Markham.
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-141 A by-law to establish an Area Specific Development Charges By-law
for the Wismer Area 45A development area of the Town of Markham (repeals By-law
2004-245).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-142 A by-law to establish an Area Specific Development Charges By-law
for the Cathedral Area 46 development area of the Town of Markham (repeals
By-law 2004-247).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-143 A by-law to establish an Area Specific Development Charges By-law
for the York Downs Area 47B development Area of the Town of Markham (repeals
By-law 2004-249).
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-144 A by-law to establish an Area Specific Development Charges By-law
for the 404 North Employment Lands Area 49 development area of the Town of
Markham.
(Clause 11, Report No. 34, 2008)
By-law
BY-LAW 2008-145 A by-law to adopt an Official Plan Amendment No. 171 (Langstaff
Urban Growth Centre Area).
(Clause 1, Report No. 35, 2008)
By-law
BY-LAW 2008-146 A by-law to amend Zoning By-law 108-81, as amended (Alderland
Group, 201 Hood Road - To permit four mixed-use buildings containing offices,
restaurants, retail and commercial uses).
(Clause 2, Report No. 35, 2008)
By-law
BY-LAW 2008-147 A by-law to adopt an Official Plan Amendment No. 172 (Town
initiated amendment to set out the requirements for complete applications
submissions).
(Clause 4, Report No. 36, 2008)
By-law
BY-LAW 2008-148 A by-law to require prior consultation by applicants proposing to
submit applications for official plan or zoning by-law amendments, plans of
subdivision or site plans for the Corporation of the Town of Markham).
(Clause 4, Report No. 36, 2008)
By-law
BY-LAW 2008-149 A by-law to amend Zoning By-law 304-87, as amended (Baldath
Rampersad, 10137 Woodbine Avenue - To delete subject lands from area By-law
304-87, as amended, so they may be incorporated into By-law 177-96, as amended,
to allow for a day nursery, and a medical and professional office building).
(Clause 7, Report No. 36, 2008)
By-law
BY-LAW 2008-150 A by-law to amend Zoning By-law 177-96, as amended (Baldath
Rampersad, 10137 Woodbine Avenue - To allow for a day nursery, and a medical
and professional office building).
(Clause 7, Report No. 36, 2008)
By-law
BY-LAW 2008-151 A by-law to amend Zoning By-law 193-81, as amended (1606090
Ontario Limited, 78 & 90 Lee Avenue - To permit single detached houses).
(Clause 8, Report No. 36, 2008)
By-law
BY-LAW 2008-152 A by-law to amend Zoning By-law 304-87, as amended (Attilio
Vettese, 7085 14th Avenue, south side of 14th Avenue and west of CP railway
tracks (19TM-0800001) - To delete subject lands from the designated area of By-law
304-87, as amended, so that they may be incorporated into By-law 177-96, as
amended, to permit the development of 58 townhouse units and two
single-detached lots).
(Clause 11, Report No. 36, 2008)
By-law
BY-LAW 2008-153 A by-law to amend Zoning By-law 177-96, as amended (Attilio
Vettese, 7085 14th Avenue, south side of 14th Avenue and west of CP railway
tracks (19TM-0800001) - To permit the development of 58 townhouse units and two
single-detached lots).
(Clause 11, Report No. 36, 2008)
By-law
BY-LAW 2008-154 A by-law to amend Zoning By-law 304-87, as amended (CRET 9900
Markham Limited, 5899 Major Mackenzie Drive, southwest corner of Major
Mackenzie Drive and Markham Road- To delete subject lands from the designated
area of By-law 304-87, as amended, so that they may be incorporated into By-law
177-96, as amended, to permit the development of a retail plaza).
(Clause 13, Report No. 36, 2008)
By-law
BY-LAW 2008-155 A by-law to amend Zoning By-law 177-96, as amended (CRET 9900
Markham Limited, 5899 Major Mackenzie Drive, southwest corner of Major
Mackenzie Drive and Markham Road- To permit the development of a retail plaza).
(Clause 13, Report No. 36, 2008)
By-law
BY-LAW 2008-156 A by-law to adopt an Official Plan Amendment No. 173 (Jolie Home
Inc., east side of Kennedy Road between Castan Avenue and South Unionville
Avenue, South Unionville Community - To permit a mixed-use development).
(Clause 15, Report No. 36, 2008)
By-law
BY-LAW 2008-157 A by-law to amend Speed By-law 105-71 (Highway 48 between Bur Oak
Avenue and 16th Avenue - 50 km/h and Highway 48 between Major Mackenzie Drive
and Bur Oak Avenue - 60 km/h).
(Clause 16, Report No. 36, 2008) CARRIED AS AMENDED
(Clause 16, Report No. 36, 2008)
By-law
BY-LAW 2008-158 A by-law to amend Zoning By-law 2004-196, as amended (Ruland
Properties Inc., Downtown Markham - Phase 1, west side of the Birchmount Road
extension, Plan 19TM-01012 - To permit an increase in height for two
residential apartment buildings)
(Clause 1, Report No. 37, 2008)
By-law
BY-LAW 2008-159 A by-law to adopt an Official Plan Amendment No. 174 (Estee
Lauder Cosmetics, 80 Alden Road - To permit a parking lot within the Hydro
Corridor).
(Clause 2, Report No. 37, 2008)
By-law
BY-LAW 2008-160 A by-law to amend Zoning By-law 108-81, as amended (Estee Lauder
Cosmetics, 80 Alden Road - To permit a parking lot within the Hydro Corridor).
(Clause 2, Report No. 37, 2008)
By-law
BY-LAW 2008-161 A by-law to amend Zoning By-law 90-81, as amended (Great West
Developments, southeast corner of Markham Road and Elson Street - To permit a
medium density residential development).
(Clause 3, Report No. 37, 2008)
By-law
BY-LAW 2008-162 A by-law to amend Zoning By-law 90-81, as amended (Forest Bay
Homes, north side of Monique Court and east of Markham Road - To permit two
semi-detached residential lots).
(Clause 4, Report No. 37, 2008)
By-law
BY-LAW 2008-163 A by-law to authorize the temporary closure of various roads at
Main Street Markham to facilitate the Markham Jazz Festival and Main Street
Markham Auto Classic in 2008
(Communication No. 60-2008)
By-law
BY-LAW 2008-164 To appoint Town Clerk for the Corporation of the Town of Markham
- Kimberley Kitteringham. (Repeals By-laws 33-2000 (appointment of Sheila
Birrell as the Town Clerk) and 2006-105 (appointment of Kimberley Kitteringham
as Deputy Town Clerk).
By-law
BY-LAW 2008-165 A by-law to designate part of a certain plan of subdivision not subject
to Part Lot Control (Laurier Homes, south of Major Mackenzie Drive and west of
Mingay Avenue, Lots 1 to 6, Plan 65M-4039).
By-law
BY-LAW 2008-166 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Cathedral Town and 404 Developments Inc., Blocks
43 to 48, Plan 65M-3995, 100 Betty Roman Boulevard, northeast corner of Betty
Roman Boulevard and Woodbine By-pass).
By-law
BY-LAW 2008-167 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Monarch Corporation, Blocks 158 to 160, 65M-4050,
southeast quadrant of Woodbine By-pass and Russel Dawson Road)
By-law
BY-LAW 2008-168 A by-law to amend By-law 2002-308, being a by-law for licensing,
regulating, and governing owners and drivers of taxicabs and taxicabs brokers (As
requested by the taxi industry, Council approved maintaining taxi fares
consistent with the City of Toronto. The
City of Toronto fares will be increased consistent with those recommended in
the by-law effective June 24th, 2008).
By-law
BY-LAW 2008-169 A by-law to amend Municipal Law Enforcement Officers Appointment
By-law 2002-178 (To revise officers' list under Animal Control).
By-law
BY-LAW 2008-170 A by-law to amend Zoning By-law 90-81, as amended (Neamsby
Investments Inc., northwest corner of Markham Road and Steeles Avenue - To
amend existing Hold provision on the subject property to prevent development
until new servicing allocation is available and assigned to these lands).
(Clause 1, Report No. 27, 2008)
By-law
BY-LAW 2008-171 A by-law to amend Zoning By-law 177-96, as amended (Heritage at
Cathedral Subdivision - Monarch, westside of Woodbine Avenue and north of Major
Mackenzie Drive - To remove (H) Hold provision to permit the construction of 2
single detached and 31 townhouse dwelling units).
By-law
BY-LAW 2008-172 A by-law to amend Zoning By-law 2004-196, as amended (Ruland
Properties Inc., north-east quadrant of Enterprise Boulevard and Rouge Valley
Drive, Markham Centre - To remove (H) provision to permit the construction of
167 townhome units).
By-law
Ontario
Municipal Board Approval By-laws
BY-LAW 2008-173 A by-law to amend Zoning By-law 2551, as amended (Robert and
Deborah Tiberio, 196 and 198 Langstaff Road East - To allow business offices
and outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)
Info
(See Communication 62-2008)
BY-LAW 2008-174 A by-law to amend Zoning By-law 2551, as amended (Cosini
Properties Inc., 201, 203, 205 Langstaff Road East, and 3 and 5 Essex Avenue -
To allow business offices and outdoor storage uses, and a cat rescue shelter at
205 Langstaff Road East, for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)
Info
(See Communication 62-2008 - Page 25)
BY-LAW 2008-175 A by-law to amend Zoning By-law 2551, as amended (Cosini
Properties Inc., 195 Langstaff Road East - To allow business offices and
outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)
Info
(See Communication 62-2008 - Page 25)
BY-LAW 2008-176 A by-law to amend Zoning By-law 2551, as amended (Cosini
Properties Inc., 139 Langstaff Road East - To allow business offices and
outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)
Info
(See Communication 62-2008 - Page 25)
BY-LAW 2008-177 A by-law to amend Zoning By-law 2551, as amended (Cosini
Properties Inc., 21 Essex Avenue - To allow business offices and outdoor
storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)
Info
(See Communication 62-2008 - Page 25)
BY-LAW 2008-179 A by-law to amend Fee By-law 2002-276 (Revised marriage licence,
wedding chapel rental, and commissioner of oath and certification fees).
(Clause 4, Report No. 38, 2008)
By-law
BY-LAW 2008-180 A by-law to provide for the levy and collection of sums required
by the Unionville Business Improvement Area and the Old Markham Business Improvement
Area for the year 2008.
(Clause 8, Report No. 38, 2008)
By-law
BY-LAW 2008-181 A by-law to amend Parking By-law 2005-188 (Cornell overnight
permit parking pilot program).
(Clause 10, Report No. 38, 2008)
By-law
BY-LAW 2008-182 A by-law to amend Parking By-law 2005-188 (YMCA Boulevard
"Pay and Display" on-street parking) (Paid Parking Program).
(Clause 4, Report No. 39, 2008)
By-law
BY-LAW 2008-183 A by-law to amend By-law 177-96, as amended (1711509 Ontario
Inc., 4600 Steels Avenue East, northeast corner of Steeles Avenue East and
future Midland Avenue, Part of Lot 1, Concession - Remove Holding (H) provision
to permit construction of a proposed development consisting of a 7-storey apartment
building and two 3-storey townhouse blocks).
(Communication No. 64-2008)
By-law
BY-LAW 2008-184 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Kylemore (Post Road) Ltd.Blocks 19, 20, 21, 22,
23, 24, 25, 26, 27, 28 and 29, Plan 65M-4065, north of 16th Avenue and east of
Yorkton Boulevard ).
By-law
CARRIED
13. IN-CAMERA ITEMS
Moved by
Regional Councillor
J. Jones
Seconded by
Councillor J. Webster
That Council
resolve into an in-camera session to discuss three confidential legal matters
(10:56 p.m.).
CARRIED
Moved by
Councillor A. Chiu
Seconded by
Councillor J. Webster
That Council
rise and the Chair report the following three confidential legal matters from
in-camera session (11:11 p.m.):
1. Award tender of relining of cast iron
and ductile watermains
(See Clause 2, Report No. 38)
2. Demolition of 12 Euclid Street
(See Clause 1, Report No. 39)
3. Proposed sale of Town's property
adjacent to St. Vladimir Ukrainian Catholic Church
(See New/Other Business 1)
Moved by
Councillor C. Moretti
Seconded by
Councillor E. Shapero
That Council
resolve into an in-camera session to discuss confidential matters (11:20 p.m.).
CARRIED
Moved by
Councillor C. Moretti
Seconded by
Councillor E. Shapero
That Council
rise and the Chair report the following from in-camera session (1:05 a.m., June
25, 2008):
(1) MINUTES OF IN-CAMERA COUNCIL MEETING -
JUNE 10, 2008 (16.0)
That the
minutes of the in-camera Council meeting held on June 10, 2008, be confirmed.
REPORT
OF GENERAL COMMITTEE - June 16, 2008
(2) CONFIDENTIAL
LEGAL MATTER REGARDING
THE CONVEYANCE OF LAND TO
ST. VLADIMIR’S UKRAINIAN
CATHOLIC CHURCH (8.1)
That the report entitled “St. Vladimir
Ukrainian Catholic Church – Result of Investigation of Land Exchange Options
for the Unopened Portion of William Street” be received; and,
That Part 6, Plan 65R-24474, located within the
St. Luke’s Cemetery, adjacent to St. Vladimir Ukrainian Catholic Church at 15
Church Lane, be declared surplus pursuant to Town of Markham By-law 178-96 and
that notice of the proposed disposition of such lands be placed on the agenda
for the Council meeting of June 24, 2008; and,
That staff be directed to do all things
necessary to give effect to this report.
(3) CONFIDENTIAL
PROPERTY MATTER (5.7)
That the
information presented to Council regarding a confidential property matter be
received; and,
That the Town
proceed as directed with respect to this matter.
(4) CONFIDENTIAL
LAND ACQUISITION MATTER (8.6)
That the confidential report dated May 20, 2008
from the Town Solicitor regarding a land acquisition matter be received; and,
That staff be directed to do all things
necessary to give effect to this report.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - June 17, 2008
(5) CONFIDENTIAL
LEGAL MATTER (10.16)
That the
information presented by the Chief Administrative Officer regarding a
confidential legal matter be received; and,
That staff
proceed as directed with respect to this matter.
REPORT
OF DIRECTOR OF HUMAN RESOURCES
(6) CONFIDENTIAL
PERSONNEL MATTER (11.0)
That Council
endorse the recommendation of the Chief Administrative Officer (CAO) and appoint the
preferred candidate to the position of Commissioner, Community and Fires
Services; and,
That staff be
authorized and directed to do all things necessary to give effect to this
report.
CARRIED
Moved by
Councillor C. Moretti
Seconded by
Councillor E. Shapero
That the
report be adopted, approved and confirmed.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor L. Kanapathi
Seconded by
Councillor J. Virgilio
That By-law
2008-178 be given three readings and enacted.
Three Readings
BY-LAW 2008-178 A by-law to confirm the proceedings of the Council meeting of
June 24 and 25, 2008.
(Council Meeting No. 10, 2008)
By-law
CARRIED
15. ADJOURNMENT
Moved
by Deputy Mayor J. Heath
Seconded
by Regional Councillor J. Jones
That the meeting do adjourn.
CARRIED
Council
adjourned at 1:10 a.m. on June 25, 2008
__________________________________ ________________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
DEPUTY
CLERK MAYOR
(Signed)