2004-12-14
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 1
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath (11:12 a.m.),
Regional Councillor J. Jones (11:10 a.m.), Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster (11:12 a.m.), Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (13)
Moved by Councillor
A. Chiu
Seconded by Councillor
K. Usman
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) General
Committee Schedule (16.23)
(2) Canada – Ontario Municipal
Rural Infrastructure Fund (5.10)
(3) 2004
Advisory Committee/Board Appointments (16.24)
(4) Site
Lease 8100
Warden Avenue - Markham
District Energy Inc. (13.7)
(5) Kylemore
Homes, North Side of 16th Avenue, West of Kennedy Road - Official Plan & Zoning By-Law Amendments and Draft Plan of
Subdivision Applications to Permit 67 Condominium Townhouses, A Commercial
Block, Parkette, and Buffer/Valley Lands (10.3, 10.5, 10.7)
(6) Ice
Rink Pilot Project (6.1)
(7) Markham
District Energy Inc. Provincial RFP (13.7)
(8) Larry
& Mary Bingley - 7 Whiteoak Court - Ontario Municipal Board – Appeal Committee of Adjustment (13.13)
(9) Ruskinvale
Developments Limited - Application for Site Plan Approval 337 John Street
Thornhill (13.13)
(10) Jolis
Investments Ontario Limited, Woodbine Avenue, West Side, Concession 3, Part Lot
17 and Highway 404, East Side, Concession 3, Part Lot 17 - Appeal of Decision of
Assessment Review Board (13.13)
(11) Hydro
One Task Force Status Report and Additional Funding Request (13.8)
CARRIED
The Regular
Meeting of Council was held on December 14, 2004 at 1:00 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman, Councillor
A. Chiu. (13)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
S. Birrell,
Town Clerk
S. Chait,
Director, Economic Development
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
K. Usman declared an interest with respect to Clause (2), Report No. 66
(Finance and Administrative Committee Report), regarding the Tridel/Dorsay
Development Project at the northwest corner of Hwy. 7 and Cox Boulevard, by
nature of owning units in the apartment building, and did not take part in the
consideration of, or vote on the question of approval of this matter.
Councillor D. Horchik declared an interest
with respect to Clause (15), Report No. 66 (Finance and Administrative
Committee Report) and By-law 2004-343, regarding the 2005 Recreation User Fees
and Rates – Pool Rental, by nature of his daughter being a member of the
Markham Aquatic Club, and did not take part in the consideration of, or vote on
the question of approval of this matter.
Councillor
J. Virgilio disclosed an interest with respect to Clause (15), Report No. 67
(Development Services Committee Report), regarding the proposed development by
Kindwin Markham Limited, by nature of representing the owner, and did not take
part in the consideration or discussion of or vote on the question of the
approval of such matter.
2. REPORT OF THE COMMITTEE OF THE WHOLE
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(1) GENERAL
COMMITTEE SCHEDULE (16.23) Report
That meetings of the General Committee be
scheduled on Mondays and Tuesdays as illustrated on Schedule “A”;
And that no subcommittee, task force or
working group committees that would require the attendance of several
Councillors be scheduled on Standing Committee days;
And that General Committee meetings commence
at 9:30 a.m.;
And that the 2005 calendar of Council,
Committee of the Whole and Standing Committees attached as Schedule “C” be
approved.
(2) CANADA – ONTARIO MUNICIPAL
RURAL INFRASTRUCTURE FUND (5.10) Report
That the
report entitled “Canada
–Ontario Municipal Rural Infrastructure Fund” be received;
That the
Operations and Asset Management Department be authorized to submit an
application to the Canada-Ontario Municipal Rural Infrastructure Fund for Waste
Management, Waste Diversion (Organics Management) by January 10, 2005 due date;
And that
Council pass a resolution that the application submitted for Waste Management,
Waste Diversion (Organics Management) as the Town’s highest priority for the
implementation of Mission Green, Phase 2, 3-Stream Organics Collection under
the first intake of the Canada-Ontario Municipal Rural Infrastructure Fund.
(3) 2004
ADVISORY COMMITTEE/BOARD APPOINTMENTS (16.24)
Heintzman House
Community Centre Board
That the
following members of the Heintzman House Community Centre Board be confirmed
for a term January 1 to December 31, 2005:
Paul Glionna
Robert Hansford
Ed Hankins, Chair
Sam Masson
Ken Davis
Bob Willson
Mervin Goldstein (lifetime non-voting member)
Warren Carroll (lifetime non-voting member)
Auxiliary Members
Marilyn Elrick, Chair Sabina
Margitta
Carole Reilly, Secretary Christine
Schmoll
Claire Ritchi, Treasurer Eugenia
Cork
Toinette Bezant Valerie
Dainton
Barbara Goldstein Norma
Woollon
June O'Donnell Marion
Zeltins
Alison Ballantyne
Markham
Public Library Board
That
the resignation of Christine Lachance from the Markham Public Library Board be
received with regret and a letter of appreciation forwarded.
Victoria Square Community Centre Board
That the following members of the Victoria
Square Community Centre Board be confirmed for a term to expire December 31,
2005:
James Barker
Edith Friedel, Chair
Joy Mortson
Jean McCron
Ruth Brock
German
Mills Community Centre Board
That the following members of the German
Mills Community Centre Board be confirmed for a term January 1 to December 31,
2005:
Myra Bechtel
Kathy Branny
Eileen Carter
Erin Cattral
Helen Duffy
Stan Solomon
Sharon Raibmon
(4) SITE LEASE 8100 WARDEN AVENUE
MARKHAM DISTRICT ENERGY INC.
(13.7) report
That
the report dated December 6, 2004, entitled "Site Lease 8100 Warden
Avenue, Markham District Energy Inc." be received;
And
that the verbal report by the Manager, Real Property with respect to the amount
of annual rent for the subject property be received;
And
that Council authorize the Mayor and Clerk to execute a site lease with Markham
District Energy Inc. for the land situated under the structure and related
improvements on property located at 8100 Warden Avenue, including sufficient
land to accommodate an expansion of the operation, together with an easement
for egress and access over the existing driveway from Warden Avenue, in a form
that is satisfactory to the Chief Administrative Officer and the Town
Solicitor.
(5) KYLEMORE HOMES
NORTH SIDE OF 16TH
AVENUE, WEST OF KENNEDY ROAD
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS AND
DRAFT PLAN OF SUBDIVISION
APPLICATIONS TO PERMIT
67 CONDOMINIUM TOWNHOUSES, A
COMMERCIAL BLOCK,
PARKETTE, AND BUFFER/VALLEY
LANDS
(OP
03 119805, ZA 03 119739, SU 03 119813) (10.3, 10.5, 10.7)
That
the tabled information from the Director, Planning and Urban Design, providing
information regarding the possibility of aligning Street ‘A’ with Aitken
Circle, be received.
And
that the Region of York be requested to signalize the aligned intersection of
Street ‘A’ and Aitken
Circle with all costs
being borne by the applicant;
And
that the Region of York also be requested to review the Kennedy Road and Sixteenth Avenue intersection with a view to improving operations;
And
that the Region of York be requested to signalize Birchview Lane
and Kennedy road at the Region’s cost;
And
that Town staff be directed to review the issue of how to limit infiltration
into this community via Aitken Circle
whether by signage or design.
(6) ICE RINK PILOT PROJECT (6.1) Report
That
the information regarding insurance issues with respect to the ice rink pilot
project, be received;
And
that the matter be referred back to staff to develop with the insurance company
a more beneficial program for the community.
(7) MARKHAM DISTRICT ENERGY INC.
PROVINCIAL RFP (13.7)
That
the recommendation approved at the Joint Markham District Energy Inc. and
Markham Energy Corporation Board of Directors Meeting held on December 13, 2004 regarding the Markham District Energy Inc. Provincial RFP for new
clean generation, be endorsed;
And
that staff report back to Committee of the Whole immediately prior to the
opening of the second envelope.
(8) LARRY AND MARY BINGLEY - 7 WHITEOAK COURT
ONTARIO MUNICIPAL
BOARD – APPEAL
COMMITTEE OF ADJUSTMENT FILE
NO. A/132/04
LEGAL FILE NO. 04 0809 JH 0346
(13.13)
That the Town
Solicitor and staff be instructed to attend before the Ontario Municipal Board
for a hearing of an appeal from the Committee of Adjustment’s refusal of a
variance application respecting 7 Whiteoak Court, Markham, requesting that the
following conditions be imposed if the variance is granted:
1. The
property owner enter into an encroachment agreement with the Town which
provides for the removal of the shed at the Owner’s expense in the event that
the Town needs to access the storm sewer;
2. The
property owner agrees to remedy and accept liability for any drainage problems
which might arise on the subject property, abutting properties and nearby
properties as a result of the placement of the shed on the storm sewer
easement; and
3. The
property owner agrees to indemnify and hold the Town harmless for any claims
which may arise as a result of the location of the shed on the easement;
And that this report be made public, subject
to Council authorizing the above.
(9) RUSKINVALE DEVELOPMENTS LIMITED
APPLICATION FOR SITE PLAN
APPROVAL
337 JOHN STREET THORNHILL
LEGAL FILE NO. 04 0205 JH 0328
(13.13)
That the
report dated December 14, 2004, entitled “Ruskinvale Developments Limited,
Application for Site Plan Approval for Site Plan Approval, 337 John Street,
Legal File No. 04 0205 JH 0328”. Be received;
And that staff
be authorized to represent the Town before the Ontario Municipal Board to
object to the approval of the application for site plan control on the basis
that the proposed use is not permitted by the zoning by-law and the official
plan;
And that these
recommendations be made public, subject to Council authorizing the above.
(10) JOLIS INVESTMENTS ONTARIO LIMITED
WOODBINE AVENUE, WEST SIDE,
CONCESSION 3 PART LOT 17 AND
HIGHWAY 404, EAST SIDE,
CONCESSION 3, PART LOT 17
ROLL NUMBERS
1936-020-136-52200-0000 AND 1936-020-136-53000-0000
APPEAL OF DECISION OF
ASSESSMENT REVIEW BOARD
LEGAL FILE NO. 04 0317 LG 0371
(13.13)
That the Town
Solicitor’s report entitled “Jolis Investments Ontario Limited, Woodbine
Avenue, West Side, Concession 3, Part Lot 17 and Highway 404, East Side,
Concession 3, Part Lot 17, Roll Numbers 1936-020-52200-0000 and
1936-020-136-53000-0000, Appeal of Decision of Assessment Review Board, Legal
File No. 04JO-0317, be received;
And that the
Town Solicitor, Treasurer and Staff be authorized to appeal the decision of the
Assessment Review Board by seeking leave to appeal to the Divisional Court and
by submitting a request for a review to the Assessment Review Board and to
retain outside legal counsel and any experts as may be required for the purposes
of conducting the appeals;
And that this
report not be made public.
(11) HYDRO
ONE TASK FORCE STATUS REPORT
AND ADDITIONAL FUNDING REQUEST (13.8)
That
the report entitled "Hydro One Task Force Status Report and Additional
Funding Request" be received;
And
that additional funding in the amount of $260,000 be provided from Town
Reserves for the Town's outside legal counsel, communications consultants and
technical experts to oppose the Hydro One proposal.
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- NOVEMBER 30, 2004
Moved by
Councillor K. Usman
Seconded by
Councillor E. Shapero
That the
Minutes of the Council Meeting held on November 30, 2004, be adopted.
CARRIED
4. PRESENTATIONS
(1) 2004
UNITED WAY CAMPAIGN - TOWN OF MARKHAM (12.2.6)
Council recognized and congratulated the
Town of Markham 2004 United Way Campaign Committee for raising in excess of $75,000.00
for the United Way.
The following Committee Members were acknowledged
for their contribution in making the Town of Markham 2004 United Way Campaign
successful:
Paul Wealleans, Chair
Linda Irvine
Jennifer Banfield
Donna Cooper
Greg Dycke
Denise Lawrusik
Freda Lee
Tina Murphy
Jennifer Nelson
Marjorie Rebane
Daphne Ross
Marilyn Scott
Dale Watterson
The following canvassers were
acknowledged for their efforts in making the payroll deduction contributions
successful:
Debbie Reeves
Valentina Salvalaggio
Hilary Huffman
Pushpa Sharma
Charlotte Kuchar
Catherine Ng
Christine Fortin
Rob Flindall
Rob Hartnett
Bonny Halberstadt
Mike Delic
Jill McWhinnie
Rose Cozis
Aisha Ravalia
Lorna Harrison
Barb Sharpe
Caroline Barnes
Donna Harris
Frank Edwards
(2) CORRECTIONAL
SERVICES OF CANADA
AWARD (12.2.6)
Dr. Ken Ng presented a plaque
to Council, on behalf of Correctional Services of Canada (CSC),
recognizing the Town of Markham for hosting
the Community Forum on Crime, Justice and Corrections in March, 2004. Staff of the Town of Markham were
acknowledged for their contribution to this event. Mr. E. Heise was also in attendance.
(3) MARKHAM/UNIONVILLE
ROTARY CLUB
AND THE ROTARY CLUB OF MARKHAM
SUNRISE (12.2.6)
Representatives
from the Markham/Unionville Rotary Club and the Rotary Club of Markham Sunrise
were in attendance to receive acknowledgment for their contribution to the
quality of life and their service to the community.
On February 23, 2005, Rotary International will celebrate 100 years of service to both
the local and international community. Rotary
International is best known for its PolioPlus initiative, aimed at freeing the
world of this disease by February, 2005.
The next big initiative for the Rotary will be the Aids pandemic. The week of February 21, 2005 will be proclaimed as "Rotary Week" in the Town of Markham (See
Proclamation Section).
…………………………………………….
Regional
Councillor J. Jones withdrew from the meeting.
…………………………………………….
5(a) REPORT NO. 65 - ECONOMIC DEVELOPMENT
COMMITTEE
Moved by
Councillor A. Chiu
Seconded by
Councillor K. Usman
That Report
No. 65 - Economic Development Committee be received and adopted.
December 6, 2004
(1) GREATER
TORONTO MARKETING ALLIANCE -
MISSION TO INDIA (10.16)
That the presentation from Mr. S. Chait, Director, Economic
Development, regarding the Greater Toronto Marketing Alliance Mission to India, be received;
And that the participation of Councillor K.
Usman and the Economic Development Director as part of a Greater Toronto
Marketing Alliance business delegation to India, previously approved by Council
on November 16, 2004, be extended by two (2) days to a total of eight (8) days
at a total cost not to exceed $14,000 to be funded from within the 2005 base
budget Business Travel account #610-9985201.
(2) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF ECONOMIC
DEVELOPMENT
COMMITTEE MEETING – DECEMBER
6, 2004 (16.0)
CARRIED
5(b) REPORT NO. 66 - FINANCE & ADMINISTRATIVE
COMMITTEE
Council
consented to separate Clauses (2), (14), (15) and (18).
Moved
by Councillor S. Daurio
Seconded
by Councillor K. Usman
That
Report No. 66 - Finance & Administrative Committee be received and adopted.
December 6, 2004
(1) STATUS
REPORT ON THE PHASE 1 ENTERPRISE DRIVE/
HELEN AVENUE EXTENSION &
GO RAIL GRADE
SEPARATION CONSTRUCTION
PROJECT (5.10, 5.14.2 & 7.0)
That the confidential report entitled
“Status Report on the Phase 1 Enterprise
Drive/Helen Avenue Extension & GO Rail Grade Separation Contruction Project” dated December 6, 2004 be received;
And that staff be authorized to issue a purchase order to Miwel Construction
in a total amount not to exceed $624,769.79 inclusive of 7% GST, ($583,897
exclusive of GST) for the additional cost of the winter construction works;
And that staff be authorized to issue a
purchase order to McCormick Rankin Corporation in a total amount not to exceed
$75,756 inclusive of 7% GST, ($70,870 exclusive of GST) for the additional
construction inspection and contract administration fees associated with the
winter construction works for the bridge structure;
And that the Director of Engineering, Town Solicitor and Treasurer be
authorized to retain Ronald Frieday, a claims resolution specialist, as a sole
source supplier to provide assistance to staff in the review and negotiation of
the anticipated Contractor claims for lost productivity and increased overhead
costs resulting from delays in the project schedule, and that an allowance of
$16,050 inclusive of 7% GST. ($15,000 exclusive of GST) be approved for these
consulting costs;
And that staff report back as to the negotiations with Miwell Construction on
the claim for Council’s approval;
And that staff be authorized to issue a
purchase order to GO Transit for a total amount not to exceed $160,500
inclusive of 7% GST, ($150,000 exclusive of GST) for the additional cost of
works to be carried out by GO Transit for the temporary diversion of the rail
line to allow construction of the grade separation;
And that staff be authorized to invoice the Region of York for their
proportional share of the additional costs of winter construction in the amount
of approximately $193,000;
And that funding for the above works/services be funded from the Engineering
Department’s 2004/2005 Capital Budget from development charges for Phase 1
Enterprise Drive/Helen Avenue extension and GO Line Grade Separation project;
And that Engineering staff
be authorized to delay the tendering of construction contracts for the balance
of the Markham Centre major road projects including Phase 2 of the Enterprise
Drive extension and the Birchmount Road extension until
all necessary approvals from external agencies are received and property is
acquired to the satisfaction of the Director of Engineering.
CARRIED
(2) TRIDEL PRESENTATION - REQUEST FOR
NOISE BY-LAW EXEMPTION -
NORTHWEST
CORNER OF HWY. 7 AND COX BOULEVARD
(2.10)
That
the deputation by Mr. Stefen Upton, Tridel, and the letter dated November 29,
2004, regarding a request for exemption to the Noise By-law, be received;
And that an exemption be granted to the Town's Noise By-law 2003-137 to
allow construction noise from the Tridel/Dorsey residential development project
on the northwest corner of Highway 7 and Cox Boulevard;
And that the exemption be limited to the time periods of 7:00
p.m. to 10:00 p.m. from Monday through to and including Friday;
And further that no truck servicing or construction vehicles be allowed
to park on Cox Boulevard after 7:00 p.m.
CARRIED AS AMENDED
(Councillor K. Usman abstained)
(See following motion to amend)
Moved by Councillor E. Shapero
Seconded by Councillor D. Horchik
That Clause (2), Report No. 66 be amended to
delete the words "11:00 p.m." in paragraph
three and replace them with "10:00 p.m.".
CARRIED
(3) STANDING/ADVISORY COMMITTEE REVIEW
(16.23)
That
the presentation by the Town Clerk regarding a Standing/Advisory Committee
Review, be received;
And that a General Committee System be
adopted, effective January 1, 2005;
And that the matter of scheduling meetings on
either Tuesdays, or Mondays and Tuesdays, be deferred to Committee of the Whole
on December 14, 2004.
(By-law
2004-336)
(4) ADDRESSING
VOLUNTEERISM IN 2005 (12.2.6)
That Ms. Janet Carnegie, Director of
Corporate Communications, be given authority to work with Council to promote
volunteerism in Markham during
2005;
And that staff be requested to report back on
the progress and activities to involve our community;
And further that the business community,
large corporations, and other organizations, such as service clubs, charities,
schools and hospitals be included in this initiative.
(5) 2005
BUDGET (7.4 & 7.5)
That the Markham 2005 Budget Presentation be
received;
And that the Proposed 2005 Budget be
presented at the Budget Breakfast on January
25, 2005.
(6) 2005 INTERIM SPENDING AUTHORITY (7.4
& 7.5) report
That
Council receive the report "2005 Interim Spending Authority", dated December 6, 2004;
And
that Council approve pre-budget operating expenditures of up to 50% of the 2004
approved Operating Budget.
(7) BY-LAW TO AUTHORIZE TEMPORARY BORROWING
(7.0) report b/l
That
a by-law be brought forward for Council approval to authorize the temporary
borrowing, if required, of an amount not to exceed $83,220,028 from January 1,
2005 to September 30, 2005 and $41,610,014 from October 1, 2005 to December 31,
2005 to meet the current expenditures of the Corporation until taxes are
collected and other revenues are received.
(By-law
2004-337)
(8) 2005 INTERIM TAX LEVY AND BYLAW
(7.3) report
That
Council authorize an interim tax levy for 2005;
And
that the attached by-law be passed to authorize the 2005 interim tax levy.
(By-law
2004-338)
(9) DEVELOPMENT CHARGES INDEXING (7.11) report
That
the report titled "Development Charges Indexing" be received;
And
that Council approve an increase in development charges of 6.9%, effective January 1, 2005.
(10) ASSESSMENT
APPEAL AUTHORITY (7.1 & 7.3) report
That
the Treasurer or her designate be authorized to commence and file notices of
appeal with the Assessment Review Board where it is considered necessary for
The Corporation of the Town of Markham to protect its assessment base;
And
that the draft by-law be adopted to authorize such action.
(By-law
2004-339)
(11) TAXI
BY-LAW AMENDMENTS (2.23) report
That
the report entitled "Taxi By-Law Amendments" be received;
And
that By-law No. 2002-308 "A By-Law for Licensing, Regulating and Governing
Owners and Drivers of Taxicab Brokers" be amended to provide for mandatory
driver training for new taxi driver applicants and to enact various
administrative amendments.
(By-law
2004-340)
(12) REVISIONS
TO PURCHASING BY-LAW 143-2000 (7.9 & 2.0)
report
That
the report entitled "Revisions to Purchasing By-Law 143-2000" dated December 6, 2004 be received;
And
that the Town of Markham By-Law 143-2000 be repealed in its entirety and be replaced in
accordance with this report.
(By-law
2004-341)
(13) GOVERNANCE - VARLEY ART GALLERY
AND FOUNDATION (6.12) report
That
the report entitled: "Governance - Varley Art Gallery and
Foundation" be received;
And
that the Advisory Board of the Gallery be amalgamated into the existing Board
of the Varley-McKay Art Foundation of Markham;
And
that the size of the Board of the Varley-McKay Art Foundation of Markham be set at
up to 16 plus two Councillors, and the Mayor, Ex-Officio;
And
that staff be directed to review and update the 1998 terms of reference to
bring them into alignment with current policy and management practices;
And
further that Council approve the following appointments to the Board of the
Varley-McKay Art Foundation of Markham:
Heather Sifton (to replace Jennifer Deacon
who has retired)
Bill Pickering
Howard Back
Robert McCulloch
Donald Hindson
Patricia Loveland
Brian Roman
Michael Roth
Stanley Neal
Lana Champion
Anna Gauci
Karen Chadwick
Beverly Schaeffer
Erin Shapero, Councillor
Jim Jones, Regional Councillor
CARRIED
(14) PROPOSED
2005 RECREATION USER FEES
AND RATES & BY-LAW (6.4) report AppA AppB AppsCD
Council consented
to a division of the question.
That the
report dated December 6, 2004, from the Community Services Commission entitled Proposed 2005 Recreation User Fees and Rates, be received;
And
that an additional charge of $2 per registration for programs and $5 per
fitness membership be effective September 1, 2005;
And
that an additional charge of $20 per hour for ice and indoor soccer field
rentals be effective September 1, 2005,
to correspond to the beginning of the 2005-2006 season;
And
that By-law 2002-276, a by-law to impose fees or charges for services or
activities provided or done by the Town of Markham, be amended
to reflect the new rates;
And
that notice to the public be provided in accordance with By-law 2002-275, a
by-law to prescribe the form and matter and times for the provision of
reasonable notice.
(By-law
2004-342)
CARRIED AS AMENDED
(See following separate vote)
(See following recorded vote) (11:1)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Regional Councillor B.
O'Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, Councillor A. Chiu. (11)
NAYS: Regional
Councillor J. Heath. (1)
ABSENT: Councillor
J. Jones.
And that the Director of Recreation and Culture be authorized to set
future increases annually so that Markham's rates remain competitive while
offsetting the Recreation Department's operating budget pressures;
LOST
(See following recorded vote) (3:9)
YEAS: Councillor
S. Daurio, Councillor D. Horchik, Councillor A. Chiu. (3)
NAYS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor K. Usman. (9)
ABSENT: Regional
Councillor J. Jones.
(15) PROPOSED
2005 RECREATION USER FEES
AND RATES - POOL RENTAL (6.4) report
That
the report dated December 6, 2004, from the Community Services Commission
entitled Proposed 2005 Recreation User Fees
and Rates - Pool Rental, be received;
And
that the rates for rental of the pools by the Markham Aquatic Club be increased
September 1, 2005, by $5 per hour from $28 to $33 per hour and on September 1,
2006, by a further $5 per hour, from $33 to $38 per hour, the additional money
to form part of the operating revenue to assist in offsetting operating
expenditures;
And
that By-law 2002-276, a by-law to impose fees or charges for services or
activities provided or done by the Town of Markham be amended to reflect the
new rates;
And
that notice to the public be provided in accordance with By-law 2002-275, a
by-law to prescribe the form and manner and times for the provision of
reasonable notice.
(By-law
2004-343)
CARRIED
(Councillor D. Horchik abstained)
(See following recorded vote)
(10:1)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Virgilio, Councillor
G. McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor K. Usman,
Councillor A. Chiu. (10)
NAYS: Regional Councillor J. Heath.
ABSENT: Regional
Councillor J. Jones.
ABSTAINED: Councillor D. Horchik.
(16) NEW
ADMINISTRATION FEES - TAXATION (7.3) report
That
effective January 1, 2005, Financial
Services be authorized to implement a $25.00 ownership change fee when a
transfer of title occurs;
And
that effective January 1, 2005, Financial
Services be authorized to implement a $50.00 new account set up fee;
And
that effective January 1, 2005, Financial
Services be authorized to implement a $15.00 tax receipt fee when an Income Tax
Letter is requested;
And
that By-law 2002-276 be amended to reflect these changes.
(By-law
2004-344)
(17) CENTENNIAL
COMMUNITY CENTRE EXPANSION
ENERGY CONSERVATION ENHANCEMENTS (6.6 & 5.7) report
That
the report entitled "Centennial Community Centre Expansion - Energy
Conservation Enhancements" be received;
And
that Council approve including the energy conservation enhancements detailed in
this report in the Centennial Community Centre Expansion project;
And
that Council approve allocating on a temporary basis $285,000 from the Life
Cycle Replacement Reserve to finance the energy conservation enhancements;
And
that the $285,000 be repaid by depositing the $60,000 CBIP (Canadian Building
Incentive Program) grant to the Life Cycle Replacement Reserve;
And
that the balance of $225,000 be repaid by transferring the projected annual
energy savings of $76,000 from the annual operating budget of the Centennial
Community Centre to the Life Cycle Replacement Reserve for a period of three
years;
And
that staff be requested to report back to Council in three years on the savings
related to the energy conservation enhancements included in the Centennial
Community Centre Expansion project.
CARRIED
(18) FUNDING
- TONY ROMAN MEMORIAL
HOCKEY TOURNAMENT (7.6 & 12.2.6)
That $5,000.00 be pre-approved from the 2005
Grants Budget for the Tony Roman Memorial Hockey Tournament.
CARRIED
(19) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF FINANCE &
ADMINISTRATIVE
COMMITTEE MEETING – DECEMBER 6,
2004 (16.0)
CARRIED
…………………………………………….
Regional
Councillor J. Jones rejoined the meeting.
…………………………………………….
5(c) REPORT NO. 67 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (2),
(9) and (14).
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Report No. 67 - Development Services
Committee be received and adopted.
December 7, 2004
(1) MARKHAM STOUFFVILLE HOSPITAL
TEMPORARY BUS LOOP (5.14)
That the deputation by Don Gordon, General
Manager, and Irene McNeil of York Region Transit (YRT) regarding the proposed
temporary bus loop close to Markham Stouffville Hospital be received;
And that the Town of Markham support the interim proposal by
York Region Transit to continue the current on-street/hospital site bus looping
arrangement until the Bur Oak extension to Highway 7 is completed;
And that the Town of Markham support the termination of the
Quickstart service at Markville Mall until the Bur Oak extension to Highway 7
is completed;
And that York Region Transit be requested to
improve service between Markville Mall and the Markham – Stouffville Hospital, to ensure good coordination with
the Quickstart service terminating at Markville Mall;
And that staff provide a progress report to
Development Services Committee in March, 2005.
CARRIED
(2) SPLENDID CHINA SQUARE TRAFFIC ISSUES
(5.10)
Council
consented to a division of the question.
Resolution
A
That
the staff presentation regarding traffic issues for the Splendid China Square proposal be received;
And
that the deputations by Frederick Woo, and Mary Flynn-Guglietti of McMillan
Binch, representing York Region Condominium Corporation No. 890, owner of
Pacific Mall, with concerns for the Splendid China proposal, be received;
And
that the City of Toronto be requested to finalize funding and accelerate timing of Steeles Avenue
improvements including the grade separation;
And
that the City of Toronto be requested to circulate site plan and traffic and parking studies
for the Splendid China proposal to the Town of Markham for
comment;
And
that the applicant be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City;
And
that the applicant be requested to address the need for Splendid China to have
a shared parking agreement in place with the GO Transit Station for overflow
parking as part of any traffic study undertaken;
And
that York Region Transit and the Toronto Transit Commission be requested to
review transit service to the Kennedy Road
and Steeles Avenue area, including increasing services and transit stop locations;
And
that Pacific Mall, Market Village and Canada Trust be requested to consider bus
shuttle service to the Unionville GO Transit Station to accommodate overflow
parking on Saturdays, Sundays and public holidays.
Resolution
B:
Whereas
the Town of Markham recognizes the need to accelerate the widening of Steeles
Avenue east of Markham Road, that a meeting be arranged with appropriate
political participants from Markham, the Region of York, and the City of
Toronto;
And
that the Working Committee be reinstated to work on road issues in the Steeles
Avenue area, with membership revised to include Deputy Mayor F. Scarpitti, Regional
Councillors J. Heath, J. Jones and B. O’Donnell and Councillors J. Webster and
K. Usman.
CARRIED AS AMENDED
(See following votes taken separately)
Resolution A
That
the staff presentation regarding traffic issues for the Splendid China Square proposal be received;
And
that the deputations by Frederick Woo, and Mary Flynn-Guglietti of McMillan
Binch, representing York Region Condominium Corporation No. 890, owner of
Pacific Mall, with concerns for the Splendid China proposal, be received.
CARRIED
That
the City of Toronto be requested to finalize funding and accelerate timing of Steeles Avenue
improvements including the grade separation.
CARRIED
(see following recorded vote) (7:6)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor
E. Shapero, Councillor J. Virgilio, Councillor D. Horchik, Councillor K. Usman.
(7)
NAYS: Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor G. McKelvey, Councillor J. Webster, Councillor A. Chiu. (6)
That
the City of Toronto be requested to circulate site plan and traffic and parking studies
for the Splendid China proposal to the Town of Markham for
comment.
CARRIED
(see following recorded vote) (10:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor B. O'Donnell, Councillor E. Shapero, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor J. Webster, Councillor D. Horchik,
Councillor K. Usman, (10)
NAYS: Regional
Councillor J. Jones, Councillor S. Daurio, Councillor A. Chiu. (3)
That
the applicant be requested to consider the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion which was Lost)
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Clause (2), Report No. 67, Resolution A,
paragraph 6 be deleted in its entirety and the following be substituted
therefore:
“That the applicant be requested to consider
the extension of Redlea Boulevard to Passmore Avenue in any traffic studies undertaken by the City.”
CARRIED
(See following recorded vote) (10:3)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Councillor E.
Shapero, Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, (10)
NAYS: Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor A. Chiu. (3)
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
“That the applicant be requested to add the extension of Redlea Boulevard to Passmore Avenue as a condition of approval for Phase I of the Splendid China
development.”
LOST
(See following recorded vote) (4:9)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor K. Usman. (4)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (9)
That
the applicant be requested to address the need for Splendid China to have a
shared parking agreement in place with the GO Transit Station for overflow
parking as part of any traffic study undertaken.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion which was Lost)
Moved by Councillor D. Horchik
Seconded by Councillor K. Usman
That Clause (2), Report No. 67, Resolution A,
paragraph 7 be deleted in its entirety and the following be substituted
therefore:
“That the applicant be requested to address
the need for Splendid China to have a shared parking agreement in place with
the GO Transit Station for overflow parking as part of any traffic study
undertaken.”
CARRIED
(See following recorded vote) (7:6)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor J. Virgilio, Councillor J.
Webster, Councillor D. Horchik, Councillor K. Usman. (7)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor
S. Daurio, Councillor G. McKelvey, Councillor A. Chiu. (6)
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That the City of Toronto be requested to add the requirement for
Splendid China to have a shared parking agreement in place with the Go Transit
Station for overflow parking as a condition of approval for Phase II.
LOST
(See following recorded vote) (5:8)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor J. Webster, Councillor K. Usman. (5)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor D. Horchik, Councillor A. Chiu. (8)
That
York Region Transit and the Toronto Transit Commission be requested to review
transit service to the Kennedy Road and Steeles Avenue area, including
increasing services and transit stop locations.
CARRIED
(See following recorded vote) (11:2)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman. (11)
NAYS: Regional
Councillor J. Jones, Councillor A. Chiu. (2)
That
Pacific Mall, Market Village and Canada Trust be requested to consider bus
shuttle service to the Unionville GO Transit Station to accommodate overflow
parking on Saturdays, Sundays and public holidays.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor A. Chiu
Seconded by Deputy Mayor F. Scarpitti
That Clause (2), Report No. 67, Resolution A, Paragraph 9 be deleted
in its entirety and the following be substituted therefore:
“That Pacific Mall, Market Village and Canada
Trust be requested to consider bus shuttle service to the Unionville GO Transit
Station to accommodate overflow parking on Saturdays, Sundays and public
holidays.”
CARRIED
(See following recorded vote) (8:5)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor S. Daurio, Councillor E. Shapero, Councillor J. Webster, Councillor
D. Horchik, Councillor K. Usman. (8)
NAYS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor J. Virgilio,
Councillor G. McKelvey, Councillor A. Chiu. (5)
Resolution B:
Whereas
the Town of Markham recognizes the need to accelerate the widening of Steeles
Avenue east of Markham Road, that a meeting be arranged with appropriate
political participants from Markham, the Region of York, and the City of
Toronto;
And
that the Working Committee be reinstated to work on road issues in the Steeles Avenue
area, with membership revised to include Deputy Mayor F. Scarpitti, Regional Councillors
J. Heath, J. Jones and B. O’Donnell and Councillors J. Webster and K. Usman.
CARRIED AS AMENDED
(See following motion to amend)
(See
following recorded vote) (12:1)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor S. Daurio, Councillor E. Shapero,
Councillor J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman, Councillor A. Chiu. (12)
NAYS: Councillor
B. O'Donnell. (1)
Moved by Deputy
Mayor F. Scarpitti
Seconded by
Councillor K. Usman
That Clause (2), Report No. 67, Resolution B,
Paragraph 2 be amended to include Regional Councillor B. O’Donnell on the
Working Committee.
CARRIED
That
the City of Toronto be requested to require that Phase IA and Phase IB of the
Splendid China proposal be subject to site plan approval.
LOST
(see following recorded vote) (4:9)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Councillor E. Shapero,
Councillor K. Usman. (4)
NAYS: Mayor
D. Cousens, Regional Councillor J. Jones, Regional Councillor B. O'Donnell,
Councillor S. Daurio, Councillor J. Virgilio, Councillor G. McKelvey,
Councillor J. Webster, Councillor D. Horchik,
Councillor A. Chiu. (9)
(3) BUR OAK AVENUE AND STONEBRIDGE DRIVE
ADULT SHOOL CROSSING GUARD
SERVICE (3.16) report attch
That the staff report entitled “Bur Oak Avenue
and Stonebridge Drive – Adult School Crossing Guard Service,” be approved;
And that the Engineering Department be
authorized to establish an adult school crossing guard service at the
intersection of Bur Oak Avenue and Stonebridge Drive at a cost of $5,880.00 per
year, exclusive of GST starting in January, 2005;
And that the Operations and Asset Management Department
be directed to install school crossing signs and crosswalk pavement markings at
the intersection of Bur Oak Avenue
and Stonebridge Drive.
(4) BUR OAK AVENUE AND MINGAY AVENUE
ADULT SCHOOL CROSSING GUARD
SERVICE (3.16) report attch
That the staff report entitled “Bur Oak Avenue
and Mingay Avenue – Adult School Crossing Guard Service,” be approved;
And that the Engineering Department be
authorized to establish an adult school crossing guard service at the
intersection of Bur Oak Avenue and Mingay Avenue at a cost of $5,880.00 per
year, exclusive of GST starting n January, 2005;
And that the Operations and Asset Management Department
be directed to install school crossing signs and crosswalk pavement markings at
the intersection of Bur Oak Avenue
and Mingay Avenue.
(5) FAIRMOUNT BOOKS INC., 100
DUFFIELD DRIVE
DEEMING BYLAW (SC 04 025667)
(10.6) report
That Council
enact a by-law to deem Lots 11 and 12, Registered Plan 65M-2813 not to be part
of a registered plan of subdivision, and that staff take appropriate action as
required under Section 50 of the Planning Act.
(By-law
2004-345)
(6) DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 4160 19TH
AVENUE
"THE ALMIRA FLOUR AND
WOOLLEN MILL"
OWNER: 4160 19TH AVENUE INC. (16.11.3) report
That Heritage Markham’s recommendation to
designate the Almira Flour and
Woollen Mill at 4160 19th Avenue under Part IV of the Ontario Heritage Act be approved;
And That the Clerks Department be authorized
to:
·
publish and serve
Council’s Notice of Intention to Designate as per the requirements of the Act;
and,
·
prepare the
Designation By-law for this property.
(7) DESIGNATION
UNDER PART IV OF THE ONTARIO
HERITAGE ACT, 9404 HIGHWAY 48
“THE MENNO RAYMER HOUSE”
OWNER: SUSAN M. WADDINGTON (16.11.3)
report
That pursuant
to the Conservation Review Board recommendation dated September 22, 2004,
Council pass the a by-law designating the Menno Raymer House at 9404 Highway 48
under Part IV of the Ontario Heritage Act.
(By-law
2004-346)
(8) DESIGNATION UNDER PART IV OF THE ONTARIO
HERITAGE ACT, THREE (3)
HISTORIC PROPERTIES
OWNED BY THE TOWN OF MARKHAM:
- ST. JOHN’S LUTHERAN
CEMETERY, BUTTONVILLE
- BOX GROVE SCHOOL HOUSE, 7651
9TH LINE
- BUTTONVILLE WOMEN’S
INSTITUTE COMMUNITY HALL
8931 WOODBINE AVENUE (16.11.3) report
That Heritage
Markham’s recommendation to designate the following Town owned properties under
Part IV of the Ontario Heritage Act be approved:
- St. John’s Lutheran Cemetery,
Buttonville
- Box Grove School House,
7651 9th Line (Box Grove Community Centre)
- Buttonville Women’s Institute Community
Hall, 8931
Woodbine Avenue;
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 Act; and
- prepare
the Designation By-law for the properties.
CARRIED
(9) BY-LAW 177-96 - HOUSEKEEPING AND ZONING BY-LAW
AMENDMENT (ZA 04-013653)
(10.5) report
That the
report entitled “Recommendation
Report, By-law 177-96 - Housekeeping and Zoning By-law Amendment, the New Urban
Area By-law” be received (File number ZA 04-013653);
And that enactment of the amendment to By-law
177-96 be deferred;
And that the amendment to By-law
177-96 be brought forward for consideration in the New Year, after further
review of development industry submissions.
(By-law 2004-347)
CARRIED AS AMENDED
(See following motion to amend)
Moved by
Councillor G. McKelvey
Seconded by
Councillor K. Usman
That Clause (9), Report No. 67 be amended to
delete paragraph 2 as follows:
"And that
the by-law be enacted, with the exception of the section regarding driveway
widths, which is to be deferred for further discussion on front yard parking
issues."
And that the following paragraphs be added:
"And that enactment of the amendment to By-law
177-96 be deferred;
And that the amendment to By-law
177-96 be brought forward for consideration in the New Year, after further
review of development industry submissions."
CARRIED
(10) NORVALLEY HOMES LTD.
355-357 MAIN STREET MARKHAM
NORTH
REZONING APPLICATION FOR SINGLE AND SEMI-DETACHED
DWELLINGS (ZA 04 010190)
(10.5, 10.6) report
That the Zoning By-law Amendment application by
Norvalley Homes Ltd, to permit the construction of one semi-detached building,
two single detached dwellings and restoration of the existing single detached
heritage dwelling at 355-357 Main Street Markham North, be approved and an
amending by-law be enacted.
(By-law 2004-348)
(11) SUBMISSION
TO THE PROVINCE REGARDING
FINANCIAL TOOLS TO IMPLEMENT MARKHAM CENTRE
(10.8, 13.2, 7.0) report
That the staff
report entitled “Submission to the Province regarding Financial Tools to
Implement Markham Centre” dated December 7th, 2004, be received;
And that Council endorse and request that the Province
take necessary action to provide the five financial tools summarized in this
report and set out in Appendix “A” attached, namely:
1. Introduce Tax Increment
Financing (TIF) legislation in support of Markham Centre and permanently remove tax capping within TIF
zones;
2. Invest in The Region of
York’s Rapid Transit Strategy and Plan;
3. Amend the Development
Charges Act to support future urban growth and intensification;
4. Empower “Downtown
Development Corporations” to act as a flexible business model to promote the
provincial growth plan for the Greater Golden Horseshoe; and
5. Use provincial land and
facilities strategically to promote and support the provincial growth plan for
the Greater Golden Horseshoe;
And that the Clerk be requested to forward a copy of
this report to the Minister of Public
Infrastructure Renewal, the Minister of Municipal Affairs and Housing, the
Minister of Finance, the Minister of Transportation, the York Rapid Transit
Plan, York Region MPPs, the Region of York, and the Assistant Deputy Minister
for the Ontario Growth Secretariat.
(12) MARKHAM CENTRE STREETSCAPE (10.8) report
That the report entitled “Markham Centre Streetscape
Standards” dated December 7, 2004 be received;
And that Council endorse the enhanced streetscape
standards for the hierarchy of public streets in Markham Centre;
And that staff be directed to report back in 2005 on
offsetting operations, maintenance and capital replacement costs in the context
of Markham Centre’s higher densities and higher property value assessments, as
part of the Financial Strategy Study and Implementation Plan for Markham
Centre.
(13) 973125 ONTARIO LTD. AND
CONSTANTINOS PALLAS
9250 WARDEN AVENUE, DRAFT PLAN
OF SUBDIVISION AND
ZONING BY-LAW AMENDMENT (SU 04
016284, ZA 04 016314)
(10.5, 10.7) report
That the report dated December 7, 2004, entitled “Recommendation Report, 973125 Ontario Ltd. and
Constantinos Pallas” be received;
And that notwithstanding
the Council moratorium on residential draft plan and site plan approvals, the Draft
Plan of Subdivision (SU 04 016284) and Zoning By-law Amendment (ZA 04 016314)
applications be approved and that water
and sewer allocation be granted in accordance with York Region commitments, as
outlined in a letter to the Town, dated October, 19, 2004;
And that the
draft plan of subdivision prepared by Humphries Planning Group Inc., identified
as File Number 0422, dated May 12, 2004 as revised, and attached as Figure 3,
be approved, subject to the conditions of Draft Plan Approval, the execution of
a comprehensive subdivision agreement and revisions to the draft plan
including:
- changes required to reflect York
Region’s right-of-way requirements, including appropriate corner roundings
and day-light triangles
- relocation of the termination of the
cul-de-sac to the west, to
allow for landscaping and a pedestrian connection at the end of the
street, and elimination of the ditch/change in grade between the end of
the cul-de-sac and Warden Avenue to the satisfaction of the Commissioner
of Development Services
- final design of the cul-de-sac and
turning metre radius, in accordance with Town standards and including
sidewalk locations, to the satisfaction of the Commissioner of Development
Services
And that Council endorse the parameters for
the drafting of a zoning by-law, including Hold (H) provisions, as discussed in
the report, including tree preservation and noise attenuation, and that staff
be directed to bring forward the implementing by-law at the first available
opportunity.
CARRIED
(14) GROUND SIGN VARIANCE (04 026572)
NIVLOG INVESTMENTS, 7333 WOODBINE AVENUE (2.16.2) report
That the
ground sign variance application by Nivlog Investments at 7333 Woodbine Ave, application # 04-026572, be approved to accommodate an analogue
clock as proposed, which does not advertise specific products of services, with
no special lighting, and with numbers and symbols restricted to those used for
an analogue clock only.
CARRIED
(See following recorded vote)
(9:4)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones, Regional Councillor B. O'Donnell, Councillor S. Daurio,
Councillor E. Shapero, Councillor J. Webster, Councillor A. Chiu. (9)
NAYS: Councillor
J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K.
Usman. (4)
(15) KINDWIN MARKHAM LIMITED, BERCZY COMMUNITY
NORTHWEST CORNER OF WILLIAM BERCZY BLVD AND
OLIVIA DR., ZONING BY-LAW AMENDMENT TO PERMIT
42 STREET TOWNHOUSE UNITS
(ZA.04-025605 & SC.04-025606) (10.5, 10.6)
That the
report from the Development Services Commission dated November 9, 2004,
entitled “Kindwin Markham Limited, Application fro Zoning By-law Amendment and
Site Plan Approval to permit the construction of 42 Street Townhouse Units,
Northwest corner of William Berczy Boulevard and Olivia Drive (ZA 04 025605)”
be received;
And that the
Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to By-law 177-96 be
received;
And that the applications by Kindwin Markham
Limited to amend by-law 177-96, as amended, be approved;
And that the proposed amendment to By-law
177-96, as amended, be enacted without further notice.
CARRIED
(Councillor J. Virgilio abstained)
(16) WOODBINE MONTESSORI SCHOOL, 9921 WOODBINE AVE.
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
AND SITE PLAN APPROVAL TO
PERMIT THE CONVERSION
OF A SINGLE DETACHED
RESIDENTIAL DWELLING TO A
PRIVATE SCHOOL (OP.04-025537
& ZA.04-025549) (10.3, 10.5, 10.6)
That the written submission from Antonia
Pantazis, and Mary and Peter Spanogiannis, in support, and from Ben Quan of QX4
Investments Ltd., with comments regarding the proposal by Woodine Montessori
School for 9921 Woodbine Avenue, be received;
And
that the deputation by Mary Spanogiannis, 16 Allen Manor, with concerns
regarding the proposal by Woodbine Montessori
School, be received;
And that the
report from the Development Services Commission dated November 9, 2004,
entitled “Woodbine Montessori School, Applications for Official Plan Amendment,
Zoning By-law Amendment, and Site Plan Approval to Permit the Conversion of a
Single Detached Residential Dwelling to a Private School, 9921 Woodbine Avenue,
East Side of Woodbine Avenue, South of Major Mackenzie Drive”, be received;
And that the
Record of the Public Meeting held on December 7, 2004, with respect to the proposed amendments to the Official Plan and
to By-law 304-87, as amended, be received;
And that the applications by Woodbine Montessori School to amend the Official Plan and
By-law 304-87, as amended, be approved;
And that the proposed Official Plan Amendment
and amendment to By-law 304-87, as amended, be enacted without further notice.
(17) TOWN INITIATED OFFICIAL PLAN AMENDMENT
TO REDESIGNATE LANDS WITHIN
THE LEGACY COMMUNITY
FROM HIGH DENSITY HOUSING TO
MEDIUM DENSITY
(OP 04 017782) (10.3)
That the written submissions from Mei-Mei
Kwan and Sum Yeung, Judy and Dennis Yeun, and Oi Yin Kong and Stephen Yun Ming
Nip, in support of the Town-initiated Official Plan amendment, Legacy
Community, be received;
And that the deputations by Arturo De Marchi,
and Don Hutchinson, President of Legacy Ratepayers Association, in support of the
Town-initiated Official Plan amendment, Legacy Community, be received;
And that the
Record of the Public Meeting held on December 7, 2004, with respect to “Town-initiated Official Plan amendment to
redesignate lands within the Legacy Community from High Density Housing to
Medium Density Housing”, be received;
And that the Town-initiated Official Plan
amendment for Legacy Community be approved;
And that the proposed Official Plan Amendment
be enacted without further notice.
And that staff
look at further reducing the density in remaining lands owned by the Ministry
of Transportation, as part of a comprehensive report on all of the MTO lands.
(18) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – DECEMBER 7,
2004 (16.0)
CARRIED
5(d) REPORT NO. 68 - COMMUNITY SERVICES &
ENVIRONMENT COMMITTEE
Council consented to add Report No. 68.
Council consented to separate Clause (1).
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Report No. 68 - Community Services & Environment Committee be
received and adopted.
December 13, 2004
(1) ICE RINK PILOT PROJECT (6.1) Report
That the staff report entitled “Ice Rink
Pilot Project”, dated December 13th, 2004, be received;
And that
Council approve a pilot project, permitting volunteer resident groups to establish
ice rinks at Bayview
Lane and Mintleaf Parks for the
2004/2005winter season, subject to the following terms and conditions:
1.
A local Organization of volunteers or service group of volunteers be
formed to operate and maintain the rink(s);
1.a. Members of the Organization or service group be trained by Town
staff in the preparation, maintenance, and operation of an outdoor rink;
2. The Organization or service group be
responsible for the installation, operation, maintenance, snow removal and
inspection of the ice rink;
3. The service club provide satisfactory insurance, which names the
Town as an additional insured, for any liabilities arising from the existence
and operation of the ice rink;
4.
Only members of the Organization or service group who have been trained
by the Town shall operate or maintain the rink(s);
5. The Organization or service group enter
into a licence agreement with the Town for the use of a designated portion of
the park;
6. Subtle and subdued lighting be used as approved by Town of Markham staff;
7.
Shinny not be permitted unless the rink is divided for pleasure skating
in one area and shinny in another, and signed accordingly, and rules be
approved to ensure no pucks can enter the pleasure skating area;
8. The ice rink shall not be placed on sports field turf;
9. The ice rink shall be open to use by all residents of the community;
10. The Town will provide access to a water service and will provide
water for the ice rink, where winterized water services are currently installed
and operational;
11. The Town will plow access into the site, and provide benches and
waste and recycling receptacles,
as required;
12. The ice rinks will only be permitted subject to receiving the
consent of a majority of residents who abut the park.
And that the
Mayor and Clerk be authorized to enter into an agreement with the service club
or organization sponsoring the ice rink program in a form that is satisfactory
to the Town Solicitor.
And
that Staff report back to Council in the fall of 2005 to provide information on
the success of this pilot project and make recommendations regarding the
establishment of a permanent outdoor ice rink program.
And
that staff locate the necessary insurance coverage for the ice rink pilot
project.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor A. Chiu
Seconded by Councillor K. Usman
That Clause (1), Report No. 68 be amended to
delete terms and conditions 1, 2, 3, 4 and 5 and replace them with the
following:
“1. A
local Organization of volunteers or service group of volunteers be formed to
operate and maintain the rink(s);
1.a. Members of the Organization or service group be trained by Town
staff in the preparation, maintenance, and operation of an outdoor rink;
2. The
Organization or service group be responsible for the installation, operation,
maintenance, snow removal and inspection of the ice rink;
3. The service club provide
satisfactory insurance, which names the Town as an additional insured, for any
liabilities arising from the existence and operation of the ice rink;
4. Only
members of the Organization or service group who have been trained by the Town
shall operate or maintain the rink(s);
5. The
Organization or service group enter into a licence agreement with the Town for
the use of a designated portion of the park;”
And that terms and conditions 7 be deleted and replaced with the
following:
“7. Shinny not be permitted unless the rink is divided for pleasure skating
in one area and shinny in another, and signed accordingly, and rules be
approved to ensure no pucks can enter the pleasure skating area;”
CARRIED
(2) MARKHAM MUSEUM MASTER PLAN CONCEPTUAL
FRAMEWORK (6.7) Report 1 2 Presentation
That
the report entitled “Museum Master Plan Conceptual Framework” be received;
And
that staff be directed to bring forward a report with a detailed business plan
and associated cost for Phase 1: 2005-2008, as outlined in the Master Plan, in conjunction with a broad-based public
consultation process;
And
that Council approve the establishment of a Friends of the Markham Museum
Foundation;
And
further that staff be directed to review and
update the current terms of reference for the Friends of the Markham Museum
Foundation to assist in fund-raising and sponsorship activities.
(3) AMENDMENT TO POLICY TITLED COMMUNITY
SERVICE GROUPS CRITERIA FOR
USE OF TOWN
FACILITIES (8.7) Report 1 2
That the report titled “Amendment to Policy Titled Community Service
Groups Criteria for Use of Town Facilities” be received;
And that the policy be amended to provide, based on availability, that
Members of Council be permitted to use community centre meeting rooms free of
charge for public meetings relating to Ward, Town or Regional issues;
And that the Rouge River Community Centre Poolside Lounge be added to
the list of meeting rooms available to Community Service Groups at no cost,
based on the criteria approved by Council June 23, 1998;
And that free use of meeting rooms by Members of Council for
election-related or personal use not be authorized;
And further that for any other facility bookings the Community Service
Group rate will apply to Members of Council.
(4) REPORT ON SPENDING OF 2004 MARKHAM
COUNCIL GRANTS FOR ROUGE RIVER
& DON
RIVER WATERSHEDS
(5.7) Report
That the staff
report entitled “Report on Spending of 2004 Markham Council Grants for Rouge
River and Don River Watersheds”, dated December 13, 2004 be received;
And that a
cheque in the amount of $25,000 be issued to the Rouge Park Alliance for their
programs, as outlined in this report.
(5) VARLEY ART GALLERY
PRICING (6.12) Report 1
That the
report entitled “Varley Art Gallery Pricing”
be received;
And that the
booking priority process be endorsed;
And that the
proposed 2005 rate and fee increases as outlined in Appendix A be approved
effective January 2, 2005;
And that the
Director of Recreation and Culture be authorized to set future increases annually
so that Markham’s rates remain competitive while offsetting the Art Gallery’s
operating budget pressures;
And that
By-law 2002-276, a by-law to impose fees or charges for services or activities
provided or done by the Town of Markham, be amended
to reflect the new rates;
And that
notice to the public be provided in accordance with By-law 2002-275, a by-law
to prescribe the form and manner and times for the provision of reasonable
notice.
(6) JOHN STREET LANDS PROPOSAL (3.0,
7.15) Report
That
Council receive this report and approve the use of the John St. Fire Station
and lands as an interim training centre for the Fire and Emergency Services
Department;
And that staff locate the necessary funds
within the 2005 Capital budget for signage and minor capital improvements
needed for the continued use of this facility on an interim basis;
And that staff come forward with a
Feasibility Study project (to be funded by the 2004 Capital budget - account
number 67-5399-6316-005) in the second year of interim use.
(7) SPORT FIELD USER FEES (6.3, 6.10) Report 1 By-law
That prime and
non-prime hours as outlined in this report be established for all outdoor sport
fields in the Town of Markham;
And that minor
group and resident prime time sport field user fees for the 2005 outdoor season
be increased by one dollar per game;
And that
non-residents prime time sport field user fees for prime hours increase by two
dollars per game;
And that
outdoor sport field hydro fees for 2005 be increased by one dollar per hour for
minor sport and resident groups;
And that
outdoor sport field hydro fees for the 2005 outdoor season be increased by two
dollars per hour for non-residents;
And that the
Director of Strategic Services be authorized to set future increases annually
so that Markham’s rates remain competitive while offsetting the Parks Maintenance
sport field operating budget pressures;
And
that Schedule A of By-law 2002-276, A By-law to Impose Fees or Charges for
Services or Activities Provided or Done by the Town of Markham, be amended
accordingly.
(8) THEATRE COMPLIMENTARY TICKET
POLICY (6.2) Report 1
That
the report titled “Theatre Complimentary Ticket Policy” be received and
approved;
And
that the revised policy be effective September 1, 2005.
CARRIED
6. MOTIONS
Council
consented to add Motions (1).
(1) MARKHAM/UNIONVILLE
ROTARY CLUB
AND THE ROTARY CLUB OF MARKHAM
SUNRISE (12.2.6)
Moved by
Councillor E. Shapero
Seconded by
Deputy Mayor F. Scarpitti
That the
deputations by members of the Rotary Club representing Markham/Unionville
Rotary Club and Rotary Club of Markham Sunrise in recognition of 100 years of
service to both the local and international community, be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
7. COMMUNICATIONS
Council
consented to add Communications 171-2004 to 173-2004.
Council
consented to separate Communication 168-2004.
That Council
receive and consent to the disposition of communications in the following
manner:
Received
166-2004 City
of Vaughan - Forwarding a resolution with respect to requesting the provincial
government to take the necessary steps to enact an amendment to the legislation
which clarifies the position of the government that the introduction of the
Ontario Health Premium is intended as an increase to individual provincial
income tax. (13.5.2)
167-2004 City
of Ottawa - Requesting support with respect to requesting the provincial
government to enact special legislation to allow for a broader range of
investments than allowed under municipal legislation. (13.5.2)
168-2004 Minister
of Municipal Affairs and Housing - Announcing the introduction of performance
measures for library services as well as parks and recreation under the 2004
Municipal Performance Measurement Program (MPMP). (13.2.5)
CARRIED
Referred to Commissioner of
Development Services and Town Solicitor
169-2004 Ontario
Municipal Board - Advising that the appeals submitted by Minto Homes for the
application submitted by Animate Construction Limited for Draft Plan of
Subdivision have been withdrawn (By-laws 2004-147, 2004-148 & 2004-149).
(10.5 & 13.13)
170-2004 Ontario
Municipal Board - Acknowledging receipt of appeals for Development Charges
By-laws (2004-222, 2004-223, 2004-228, 2004-233, 2004-234, 2004-239, 2004-240,
2004-241, 2004-242 and 2004-247). (7.11)
Referred to all Members of Council
171-2004 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Uptown Bar & Grill, 144 Main Street North
Markham, Unit 18 (indoor & outdoor). (3.21)
Referred to Commissioner of Development
Services
172-2004 Stanley
B. Stein, Osler, Hosking & Harcourt Barristers and Solicitors, on behalf of
the owners of Splendid China Square - Expressing concerns with respect to
Resolution A, Clause (2), Report No. 67 (Development Services Committee
Report), the proposed development at 4675 Steeles Avenue, southeast corner of
Steeles Avenue and Kennedy Road. (5.10)
(Clause 2, Report No. 67, 2004)
173-2004 Frederick
Woo - Outlining his involvement with respect to the proposed development at
4675 Steeles Avenue, southeast corner of Steeles Avenue and Kennedy Road
(Splendid China Square). (5.10)
(Clause 2, Report No. 67, 2004)
CARRIED
8. PROCLAMATION
(1) PROCLAMATIONS (3.4)
Moved by
Regional Councillor J. Heath
Seconded by
Regional Councillor J. Heath
That the
following be proclaimed in the Town of Markham:
- Rotary Week
- Week of February 21, 2005
- Ontario Family
Fishing Weekend - July 8 to 10, 2005.
CARRIED
9. BY-LAWS
Council
consented to the following:
- add By-laws
2004-356 and 2004-357
- defer By-law
2004-347
- separate
By-law 2004-343.
That By-laws 2004-336
to 2004-346 and By-law 2004-348 to 2004-357 be given three readings and
enacted.
Three Readings
BY-LAW 2004-336 A by-law to amend By-law 2001-1, a by-law to govern the
proceedings of Council and Committees of Council (To update Council/Committees
structure).
(Clause 3, Report No. 66, 2004)
BY-LAW 2004-337 A by-law to authorize the temporary borrowing, if required, of an
amount not to exceed $83,220,028 from January 1, 2005 to September 30, 2005 and
$41,610,014 from October 1, 2005 to December 31, 2005 to meet the current
expenditures of the Corporation until taxes are collected and other revenues
are received.
(Clause 7, Report No. 66, 2004)
BY-LAW 2004-338 A by-law to authorize the 2005 interim tax levy.
(Clause 8, Report No. 66, 2004)
BY-LAW 2004-339 A by-law to authorize the Treasurer to file assessment and tax
complaints.
(Clause 10, Report No. 66, 2004)
BY-LAW 2004-340 A by-law to amend By-law 2002-308, a by-law for licensing,
regulating and governing owners and drivers of taxicab brokers (To provide for
mandatory driver training for new taxi driver applicants and to enact various
administrative amendments).
(Clause 11, Report No. 66, 2004)
BY-LAW 2004-341 A by-law to establishing Procurement, Service and Disposal
Regulations and Policies (Purchasing By-law) (Repeals Purchasing By-law
143-2000).
(Clause 12, Report No. 66, 2004).
BY-LAW 2004-342 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham (Recreation
user fees and rates).
(Clause 14, Report No. 66, 2004)
BY-LAW 2004-343 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham
(Pool rental fees and rates).
(Clause 15, Report No. 66, 2004)
CARRIED
(Councillor D. Horchik abstained)
BY-LAW 2004-344 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham (Taxation
administration fees).
(Clause 15, Report No. 66, 2004)
BY-LAW 2004-345 A by-law to deem lots 11 and 12, Plan 65M-2813 not to be part of
a registered plan of subdivision (Fairmount Books Inc., 100 Duffield Drive).
(Clause 5, Report No. 67, 2004)
BY-LAW 2004-346 A by-law to designate a property as being of Historic and/or
Architectural Value or Interest (The Menno Raymer House, 9404 Highway 48).
(Clause 7, Report No. 67, 2004)
BY-LAW 2004-347 A by-law to amend Urban Expansion Area Zoning By-law 177-96, as amended (Housekeeping
amendments).
(Clause 9, Report No. 67, 2004) DEFERRED
BY-LAW 2004-348 A by-law to amend Zoning By-law 1229, as amended (Norvalley
Homes, 355-357
Main Street Markham North -
to permit the construction of one semi-detached building, two single detached
dwellings and restoration of the existing single detached heritage dwelling).
(Clause 10, Report No. 67, 2004)
BY-LAW 2004-349 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham (Water/Wastewater
Rates - Effective January 1, 2005).
(Motion (1) - November 30, 2004)
BY-LAW 2004-350 A by-law to adopt Official Plan Amendment No. 126 (Olive Branch Community Church, 175 and
185Anderson Avenue - To permit a place of worship).
(Clause 8, Report No. 64, 2004)
BY-LAW 2004-351 A by-law to amend Zoning By-law 88-76, as amended (Olive Branch
Community Church, 175 & 185 Anderson Avenue - To permit a place of worship).
(Clause 8, Report No. 64, 2004)
BY-LAW 2004-352 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Markham Development Joint Venture, south of Bur
Oak Avenue, west of 9th Line, Lots 40 to 43, Blocks 60 and 61, Plan
65M-3586).
BY-LAW 2004-353 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Mattamy Wykland Limited, east of 9th Line and
south of 16th Avenue, Blocks 321 to 332, Plan 65M-3767).
BY-LAW 2004-354 A by-law to amend By-law 2002-178, a by-law to appoint Municipal
Law Enforcement Officers (To revise Schedule B).
BY-LAW 2004-355 A by-law to confirm the proceedings of the Council meeting of December 14, 2004.
(Council Meeting No. 1, 2004)
BY-LAW 2004-356 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham
(Varley Art Gallery Pricing).
(Clause 5, Report No. 68, 2004)
BY-LAW 2004-357 A by-law to amend By-law 2002-276, a by-law to impose fees or
charges for services or activities provided or done by the Town of Markham
(Sport Field User Fees).
(Clause 7, Report No. 68, 2004)
CARRIED
10. ADJOURNMENT
Moved by Councillor
A. Chiu
Seconded by Councillor
K. Usman
That the
meeting do adjourn.
CARRIED
Council
adjourned at 2:44 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)