2005-06-14
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 12
(Canada
Room)
COMMITTEE
OF THE WHOLE
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Heath, Regional
Councillor J. Jones (6:30 p.m.), 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)
Moved by Councillor
A. Chiu
Seconded by Councillor
D. Horchik
That Council resolve itself into the
Committee of the Whole to discuss the following:
(1) 150 Main Street,
Unionville (2019311 Ontario Inc) - Applications for Official Plan & Zoning
By-Law Amendments (10.3, 10.5)
(2) Markham
Stouffville Hospital Site Master Plan (6.0)
(3) The
Markham Energy Conservation Office (5.7)
(4) Update
on Water & Sewer Allocation from the Region of York (5.0)
(5) Loblaw
Properties Limited, 2938 Major Mackenzie Drive East, in the West Cathedral
Community, Official Plan & Zoning By-Law Amendments to Permit a Large
Format Retail Plaza (10.3, 10.5)
(6) 2005
Council/Committee Meetings August Schedule (16.23)
(7) 2005
Advisory Committee/Board Appointments (16.24)
(8) Surplus
Property & Land Transfer to Region of York, Part of Lots 10 And 11,
Concession 4, Designated as Parts 8, 9, 12 & Part of Part 11 on Plan
65r-24140, South West Corner Highway 7 & Warden Avenue Markham (8.7)
(9) Property
Matter – Relocation of Joseph Marr House to Markham Heritage Estates Financial
Capability & Lot Selection (8.5 & 16.11)
(10) Tax
System - TMX 2000 (7.3)
(11) Land
Expropriation of Castan Property Transfer (8.10)
CARRIED
The Regular
Meeting of Council was held on June 14, 2005 at 7:05 p.m. in the Council Chamber, Civic Centre. Mayor D. Cousens presided.
(Council
Chambers)
COUNCIL
ROLL
CALL
Mayor D.
Cousens, Deputy Mayor F. Scarpitti (7:15 p.m.), 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 (7:39 p.m.)
(12)
Regrets
Councillor A.
Chiu. (1)
STAFF
J. Livey,
Chief Administrative Officer
J. Baird,
Commissioner of Development Services
C. Conrad,
Town Solicitor
B. Cribbett,
Treasurer
J. Sales,
Commissioner of Community & Fire Services
A. Taylor,
Commissioner of Corporate Services
P. Miller,
Manager, Secretariat Services
B. Nanninga,
Executive Assistant
S. Mintz,
Deputy Fire Chief
A. Brown,
Director of Engineering
V.
Shuttleworth, Director of Planning and Urban Design
J. Kee, Committee Clerk
1. DISCLOSURE OF PECUNIARY INTEREST
Councillor
J. Virgilio disclosed an interest with respect to Clause (3), Report No, 21 and
By-law 2005-170, the proposed development by Rodeo Fine Homes, 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 K. Usman
Seconded by
Councillor E. Shapero
That Council rise from the Committee of the
Whole and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
Council
consented to separate Committee of the Whole Item Number (1).
(1) 150 MAIN STREET, UNIONVILLE
(2019311 ONTARIO INC)
APPLICATIONS FOR OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
(OP 04 028702, ZA 04 027514) (10.3, 10.5)
Report 1
That the
report dated May 17, 2005 entitled “150 Main Street, Unionville (2019311 Ontario Inc.)
Applications for Official Plan and Zoning By-law Amendments, OP 04 028702 and
ZA 04 027514”, be received;
And that the minutes of the public meeting
held March 1, 2005 regarding the above-noted applications be received;
And that the
letter dated June 8, 2005 from Unionville Village Investments Inc., 139 Main
Street, Suite 206, Unionville, in objection to the applications for Official
Plan and Zoning By-law Amendments submitted by 2019311 Ontario Inc. for 150
Main Street, Unionville, be received;
And that the
letter dated June 13, 2005 from Monopoly Commercial Realty Inc. on behalf of
the owner of 150 Main Street, Unionville, requesting the Town to approve the
required zoning to permit Retail Use on the upper level of 150 Main Street
("At-Grade" level) and Restaurant Use on the lower floor
("Below-Grade" level) and that the petition signed by twelve Main
Street Unionville merchants in support of this proposal, be received;
And that the applications by 2019311 Ontario
Inc. for Official Plan and Zoning By-law Amendments be approved in part as
follows:
- restaurant use to be permitted below grade
- retail use to be required above grade
- restaurant use to be restricted to not
permit fast food or take out or pub style/tavern
- any redution in parking requirement to
include provision for payment of cash in lieu of parking
- provision for a driveway
connection/easement for future integration with parking lot to the north;
And that staff report to the Development
Services Committee meeting on June 21, 2005.
CARRIED
(See following
recorded vote) (6:5)
(See following motion
to defer which was Lost)
YEAS: Mayor
D. Cousens, Deputy Mayor F. Scarpitti, Regional Councillor J. Jones, Regional
Councillor B. O'Donnell, Councillor S. Daurio, Councillor G. McKelvey. (6)
NAYS: Regional
Councillor J. Heath, Councillor E. Shapero, Councillor J. Virgilio, Councillor
J. Webster, Councillor D. Horchik. (5)
ABSENT: Councillor
K. Usman, Councillor A. Chiu. (2)
Moved
by Councillor J. Virgilio
Seconded
by Councillor E. Shapero
That
consideration of Committee of the Whole Item Number (1) be deferred and
referred to the June 21, 2005 Development
Services Committee meeting.
LOST
(2) MARKHAM STOUFFVILLE HOSPITAL
SITE MASTER PLAN (6.0) Report
That the
report entitled "Markham Stouffville Hospital Site Master Plan", be
received;
And that
Council endorse the concept of the Markham Stouffville Hospital and the Town of
Markham developing an integrated facility incorporating the Town's Future
Central East Community Centre complex with the hospital's Health and Wellness
facility;
And that staff
be authorized to participate and report to Council on the results of the public
information open house scheduled for June 29, 2005, to present the emerging
land use concept for Cornell Centre and an overview of the Markham Stouffville
Hospital Master Plan concept;
And that staff
bring forward the "Principles of an Understanding between the Markham
Stouffville Hospital and the Town of Markham" as the basis for entering
into a land, design, construction and operating arrangement with the Markham
Stouffville Hospital in the fall of 2005.
(3) THE MARKHAM ENERGY CONSERVATION OFFICE
(5.7)
Report 1 2
a
That the staff
report entitled "The Markham Energy Conservation Office", dated June
14, 2005, be received;
And that the
Markham Energy Conservation Office allocate $1,000,000 over three years,
$500,000 in 2005, $250,000 in 2006 and $250,000 in 2007, in conservation demand
management funding from PowerStream toward the objectives, programs and
staffing outlined in Appendix B;
And that the
Canadian Urban Institute be funded to an upset limit of $65,000 from the conservation
demand management funding from June 2005 through March 2006 to implement and
lead the start up of the Markham Energy Conservation Office;
And that
approval be given to hire a Manager of the Markham Energy Conservation Office
and one administrative support staff person on a annual contract for up to
three years to oversee the conservation demand management program;
And further
that the Town provide up front funding for the contract positions at a cost of
$127,100 annually to oversee the conservation demand management program to be
repaid from future energy cost savings.
CARRIED
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That the
Report of the Committee of the Whole be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
MAY 24, 2005
Moved by
Councillor G. McKelvey
Seconded by
Councillor J. Virgilio
That the
Minutes of the Council Meeting held on May 24, 2005, be adopted.
CARRIED
4. PRESENTATIONS
(1) WELCOME
WAGON ORGANIZATION (12.2.6 & 3.4)
Council congratulated
the Welcome Wagon Organization which is celebrating its 75th
Anniversary of bringing information and greetings to new residents. June 20 to 26, 2005 has been proclaimed "Welcome Wagon Week" in the Town of Markham.
The following
Representatives of the Organization were in attendance:
- Marlene Huggins
- Anita Keyes
- Barbara Marchant
- Jennifer Wheeler
(2) 2005
MAYOR'S SENIORS’
HALL OF FAME AWARDS (12.2.6)
Council presented the 2005 Mayor's Seniors'
Hall of Fame Awards. The Seniors’
Hall of Fame Award is presented to a nominee over 60 years of age who has made
a unique and outstanding contribution to the Markham Community. The Meritorious Award and Certificate of
Appreciation are awarded to nominees for their unique or outstanding
achievements.
The winners are:
Mayor's Seniors' Hall of Fame Award Winner:
- Dennis
"Red" Carlsen
Meritorious Award Winners:
- Betty Hoover
- Ramesh Patel
Hall of Fame Certificate of Appreciation Winners:
- Gokul Khatri
- George Mann
(3) ESSENTIAL
COMMUNITY MANAGEMENT PROGRAMS (12.2.6)
Mr. Stephen
Elliot, Community Officer, Emergency Management Ontario, presented a letter of
achievement signed by the Minister of Community Safety and Correctional
Services and the Ontario Commissioner of Emergency Management to acknowledge
the Town of Markham as successfully implementing the Essential Community Emergency
Management Programs.
Mayor Cousens,
on behalf of Council, thanked and congratulated Shayne Mintz, Deputy Fire
Chief, for a job well done in implementing the Essential Community Emergency
Management Programs.
(4) INTERNATIONAL
TOWN CRIER (12.2.6)
Council recognized
Councillor John Webster for his recent win as the International Town Crier.
5. DELEGATIONS
(1) Dr.
Ken Ng was in attendance with respect to the Grants and Sponsorships Guidelines
in relation to the Taste of Asia funding.
(Clause 2, Report No. 20) (7.6)
(2) Ms.
Judi McIntyre was in attendance with respect to the Grants and
Sponsorships Guidelines in relation to the Markham Arts Council funding.
(Clause 2, Report No. 20) (7.6)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor K. Usman
That Council recess into Committee of the Whole.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by
Councillor K. Usman
Seconded by
Councillor K. Horchik
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:
(4) UPDATE
ON WATER AND SEWER
ALLOCATION FROM THE REGION OF
YORK (5.0)
That the
presentation by the Director of Engineering and Director, Planning and Urban Design
providing an update on water and sewer allocation from the Region of York, be
received;
And
that the distribution of servicing allocation as per the Region of York June 15,
2005 report be
endorsed;
And
that the Region of York be requested to work with area municipalities and UDI
to review further allocation opportunities including future distribution of
reserves, allocation from the re-rating of the Duffin Creek Plant, etc.;
And
that the Region be requested to finalize, in consultation with area
municipalities, policies related to servicing allocation;
And
that the Region be requested to fast track the EA, design and construction of
the Southeast collector and the Duffin Creek treatment plant;
And
that Markham again begin to approve severances of 3 new lots, or less.
(5) LOBLAW PROPERTIES LIMITED
2938 MAJOR MACKENZIE DRIVE
EAST, IN THE WEST
CATHEDRAL COMMUNITY, OFFICIAL
PLAN AND ZONING
BY-LAW AMENDMENTS TO PERMIT A
LARGE FORMAT
RETAIL PLAZA (OP 04 010924, ZA
04 010910) (10.3, 10.5) Report Minutes
That the
deputation by Steve Zakem, Aird and Berlis, on behalf of the applicant to
provide additional information regarding the Official Plan and Zoning By-law
Amendments submitted by Loblaw Properties Limited to permit a large format
retail plaza at 2938 Major Mackenzie Drive East, be received;
And that the
application submitted by Loblaw Properties Limited for Official Plan and Zoning
By-law Amendments to permit a large format retail plaza at 2938 Major Mackenzie
Drive East, in the West Cathedral Community, be denied.
(6) 2005 COUNCIL/COMMITTEE MEETINGS
AUGUST SCHEDULE (16.23)
That the
information provided by Regional Councillor J. Heath regarding the August, 2005
schedule of standing committee meetings, be received;
And that the
General Committee meeting scheduled on August 22, 2005 be rescheduled to August 29, 2005 at 9:30 am;
And that the
Development Services Committee meeting scheduled on August 23, 2005 be rescheduled to August 30, 2005 at 11:00 am;
And that the
Council meeting scheduled on August 30, 2005
be rescheduled to September 1, 2005 at 5:00 pm for Committee of the Whole and 7:00 pm for Council;
And that only
committee items requiring Council approval be forwarded to Council on September 1, 2005 with the minutes of the August 29 and 30, 2005 committee meetings
being submitted to Council on September 13, 2005.
(7) 2005 ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)
Markham Accessibility Committee
That the
resignation of Ms. Marty Shultz from the Markham Accessibility Committee be
received with regret and a letter of appreciation be forwarded;
And that an
advertisement be placed in the local newspapers requesting appropriate
applications;
Markham Public Library Board
That the
resignation of Ms. Salma Rawof from the Markham Public Library Board be
received with regret and a letter of appreciation be forwarded.
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
6. PETITIONS
(1) TRAFFIC
FLOW FROM ROYAL ORCHARD BOULEVARD TO
BAYVIEW AVENUE SOUTH AND GREEN
LANE (5.12)
Moved by
Councillor S. Daurio
Seconded by
Councillor K. Usman
Petition
signed by the owners and/or residents of Landmark I, Landmark II and Landmark
III located at 7805, 7825 and 7905 Bayview Avenue regarding the traffic flow
from Royal Orchard Boulevard to Bayview Avenue South and Green Lane as follows:
"We, the Owners and/or Residents of Landmark I, Landmark II and
Landmark III located at 7805, 7825 and 7905 Bayview Avenue and which together
comprise 946 residences hereby request the Town of Markham to take the
necessary measures in conjunction with York Region Transportation Committee to
ensure optimum traffic flow from Royal Orchard Boulevard to Bayview Avenue
South and Green Lane in order to eliminate the need for unauthorized persons
accessing Landmark's private property to minimise their travel times. Minor measures taken by the Town and York
region have failed to stop unauthorized persons from entering Landmark
property. Furthermore, expansion of the
Thornhill Community Centre will contribute to additional unauthorized traffic
on Landmark property unless remedial measures are implemented by York Region
and Town of Markham within the next three months."
RECEIVED AND REFERRED TO
COMMISSIONER OF DEVELOPMENT SERVICES
7(a) REPORT NO. 20 - GENERAL COMMITTEE
Council
consented to separate Clauses (2), (7), (8), (17 item #18).
Moved by
Councillor K. Usman
Seconded by
Councillor E. Shapero
That Report
No. 20 - General Committee be received and adopted.
May 30, 2005
(1) GRANT
REQUEST – ARYA SAMAJ SENIOR CITIZENS’
CLUB (7.6) Report
That
Council approve the request for financial support from Arya Samaj Senior
Citizens’ Club in the amount of $1,000 to support their event to be held on
June 12, 2005.
(2) GRANTS AND SPONSORSHIP GUIDELINES
(7.6) Report 1
That
the report dated May 30, 2005 entitled Grants & Sponsorships
Guidelines be received;
And that the Grants & Sponsorships Guidelines be approved and referred to the first Council meeting in June with appropriate
notice being given to the public;
And that all funding requests that do not fall into the Celebrate
Markham and Table Sponsorships categories be grouped into a generic “Council
Promotion” category with an upset limit of $1,000 per request, unless otherwise
approved by Council;
And that an additional $2,500 in sponsorship funding be approved for
the Taste of Asia in 2005.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor J. Virgilio
That Clause (2), Report No. 20 be amended to
add the following paragraph:
"And that an additional $2,500 in sponsorship
funding be approved for the Taste of Asia in 2005."
CARRIED
(3) 2005
CELEBRATE MARKHAM GRANTS (7.6) Report 1
That the
report dated May 30, 2005 entitled 2005 Celebrate Markham
Grants be received;
And that the
Grants Sub-Committee’s proposed allocation of Celebrate Markham grants as shown
on Appendix A be approved conditional upon the receipt of documentation
supporting their compliance with the grants and sponsorship guidelines;
And that the
Doors Open Markham Committee receive funding in the amount of $7,500 to support
of their event.
(4) ADULT SCHOOL CROSSING GUARD PROGRAM
2005 TO 2008 TENDER AWARD -
077-T-05 (7.12) Report
That
the report entitled Tender Award #077-T-05
Adult School Crossing Guard Program be received;
And
that the contract for tender #077-T-05 Adult School Crossing Guard Program be
awarded to the sole bidder, “Staffing Services Inc.” in the estimated annual
amount of $510,195.84 per annum (based on $12.18 per 30-minute shift, 224
shifts per day, and 187 school days) for a term of 3 years totalling
approximately $1,530,587.52 exclusive of GST;
And
that the actual annual monetary amount will be based on a per unit basis
(30-minute shift);
And
that the project be funded through Engineering Department’s 2005 Operating
Budget Account # 640 998 5642 and subsequent operating budgets.
(5) MEMORANDUM OF UNDERSTANDING FOR THE
DEVELOPMENT OF ONEYORK (7.13) Report
That
the report dated May 30, 2005, entitled Memorandum of Understanding for the Development of OneYork be
received;
And
that the Mayor and Council authorize staff on behalf of the Town of Markham to
enter into a Memorandum of Understanding setting out the terms governing the
activities and co-operation of participants in the development of OneYork;
And
that the CAO or designate be appointed to the Steering Committee.
(6) WARD BOUNDARIES (9.2 & 14.0) Report A
That
a by-law be enacted to adopt new ward boundaries to be effective for the 2006
municipal election, as outlined on Schedule A (attached to original Council
minutes in the Clerk’s office)
(By-law
2005-157)
(7) ANIMAL CARE & LICENCING BY-LAW
(2.8) Report
That
a new by-law to regulate animal care & licencing be enacted;
And that the
clause “Persons will be allowed a maximum total of four pets with no limit on
type (may have four dogs)” be changed to “Persons will be allowed a maximum of
four (4) animals but a limit of two (2) dogs only;
And
that By-law 2001-23, A By-law to regulate the keeping of animals in the Town of
Markham including provision for animal identification, be repealed;
And
that By-law 182-86, A By-law to prohibit the keeping of certain classes of
animals and to regulate the keeping of certain other classes of animals in the
Town of Markham, be repealed;
And
that the Town recommend to the Province that a set fine in the amount of
$100.00 be imposed for all offences;
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 include fees
for licencing of animals.
CARRIED AS AMENDED
(See following motion to amend)
(See following motion which was Lost)
Moved by Councillor E. Shapero
Seconded by Councillor J. Webster
That Clause (7), Report No. 20 be amended to
add the following as paragraph 5:
"And that the Town recommend to the
Province that a set fine in the amount of $100.00 be imposed for all offences;"
CARRIED
Moved by
Councillor J. Virgilio
Seconded by
Regional Councillor J. Jones
That Clause (7), Report No. 20, paragraph 2 be amended to delete the
words "…limit of two (2) dogs only…" and replace with the words
"… limit of three (3) dogs only …".
LOST
(8) BY-LAW TO PRESCRIBE STANDARDS
FOR MAINTENANCE OF TALL GRASS
AND WEEDS
ON PRIVATE LANDS (2.20) Report
That
Council adopt a by-law to prescribe standards for maintenance of tall grass and
weeds on private lands;
And
that enforcement of the by-law, including the coordination of Town-initiated
cutting of tall grass and weeds be undertaken by the By-Law Enforcement &
Licensing Division.
(By-law
2005-158)
CARRIED
(See following recorded vote) (11:1)
(See following motion to defer which was
Lost)
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 J. Virgilio, Councillor G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor K. Usman. (11)
NAYS: Councillor
E. Shapero. (1)
ABSENT: Councillor
A. Chiu. (1)
Moved by Councillor E.
Shapero
Seconded by Councillor J. Virgilio
That consideration of Clause (8), Report No. 20 be deferred.
LOST
(9) RELEASE AND ABANDONMENT OF PERMANENT
WATERMAIN
EASEMENT – PART OF LOT 67 AND
BLOCK 82, PLAN 65M-3343
AND PART OF LOTS 29, 90 AND
PART OF BLOCKS 113 & 114,
PLAN 65M-3582 TO MONARCH
CONSTRUCTION (8.1) Report
That
a By-law be enacted authorizing the Mayor and Clerk to execute the necessary
release and abandonment of the watermain easement registered on title to the
lands described hererin, in a form satisfactory to the Town Solicitor.
(By-law
2005-159)
(10) COMMUNITY SPORT COUNCIL REPORT AND
PRESENTATION (6.4) Report
Presentation
That
the report titled Community Sport Council be
received and approved;
And
that the Community Sport Council’s goals, objectives and by-laws be received
and approved;
And
that approval is granted to hire a part-time staff member at 24 hours per week
and related financial costs for a one-year trial period starting September 1,
2005 to further establish the Markham Sport Council;
And
that the funding in the amount of $16,344.96 in 2005 be off set from salary
gapping dollars in the 2005 Armadale Community Centre budget be approved;
And
that pre-approval of funding be authorized to increase the 2006 operating
budget in the amount of $32,689.92 to support the project which will be
included in the 2006 Business Unit Profile.
(11) 2005-2006 ICE ALLOCATION REPORT (6.1) Report 1
2 3 4
That the
report entitled 2005-2006 Ice Allocation Report
be received;
And that Council
approve the Ice Allocation schedule (Appendix A) for the 2005-2006 ice season;
And further
that Council receive the Special Events List (Appendix B) for the 2005-2006 ice
season.
(12) USE OF TORONTO FIRE SERVICES TRAINING
FACILITIES (3.0) Report
That Council authorize the Mayor and Clerk to
sign a Permission, Release, Covenant and Indemnification to the City of Toronto
and the Toronto Fire Services respecting the use of Toronto Fire Services
training facilities for training exercises by Town of Markham recruit
firefighters, in a form satisfactory to the Town Solicitor.
(13) SENIOR CENTRES FACILITY OPERATING
AGREEMENT (6.0) Report 1 a 2
a
b 3
That the Mayor
and Clerk be authorized to execute a Facility Operating Agreement between the
Older Adults in Action (O.A.I.A.) and the Town of Markham, and any other
documents required to give effect thereto, respecting the Senior Centre at 22
Water Street be approved in a form satisfactory to the Town Solicitor for the
period January 1, 2005 to December 31, 2009;
And that the
Mayor and Clerk be authorized to execute a Facility Operating Agreement between
the Thornhill Seniors Club and the Town of Markham, and any other documents
required to give effect thereto, respecting the Senior Centre at 7755 Bayview
Avenue, be approved in a form satisfactory to the Town Solicitor for the period
January 1, 2005 to December 31, 2009.
(14) GREEN FLEET TRANSITION PLAN UPDATE REPORT
(5.0) Report
That the staff
report entitled Green Fleet Transition Plan Update Report,
dated May 2nd, 2005, be received;
And that Fleet
Services provide annual ‘Technology Testing Reports’, to be posted on the
Town’s Website, to measure emission reductions to equivalent Carbon Dioxide
(eCO2) through the implementation of the Green Fleet
Transition Plan;
And that in the fall of each year starting in 2005, Fleet Services
staff provide annual fleet replacement programs, including opportunities to
implement green fleet management practices, to the Budget Review Committee as
part of the Operations and Asset Management Capital Budget submission.
(15) AMENDMENT TO BY-LAW 32-95 TO EXPAND
3-STREAM TOWN WIDE (5.1,
5.7) Report By-law
That the report entitled Amendments to Waste Management By-Law 32-95 be approved;
And that the amendments to Waste Management
By-Law 32-95, as proposed, be enacted.
(By-law
2005-160)
(16) SKATEBOARD PARK BOOKINGS AND RENTAL
FEES (6.4) Report 1
That the policy
and procedures outlined in this report be adopted for permitting the Markham
Centennial Skate Park;
And that the
permitting of the Markham Centennial Skate Park be
limited to a maximum 5 days a year from May through September;
And that the
commercial permit fee be established at $345.00;
And that the
resident/ not-for-profit permit fee be established at $240.00;
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;
And
that the park be called the ‘Markham
Centennial
Skate
Park’
from this point forward.
(By-law 2005-161)
(17) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- MAY 30, 2005 (16.0)
7(b) REPORT NO. 21 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clauses (3) and
(5).
Moved by Councillor G. McKelvey
Seconded by Councillor K. Usman
That Report No. 21 - Development Services
Committee be received and adopted.
June 7, 2005
(1) ASSUMPTION OF PLANS OF
SUBDIVISION (10.7)
Whereas by
Memorandum dated May 26, 2005 the Director of Engineering advised that the
guarantee periods for Registered Plans 65M-2919, 65M-2147, 65M-2457, 65M-2926,
65M-2927, 65M-3092, 65M-3149, 65M-2668, 65M-2512, 65M-2513, 65M-3180, 65M-3190,
65M-3242, 65M-3330, 65M-3191, 65M-3156 and 65R-7490, have expired and all
securities have been returned to the owners;
Now therefore be it resolved:
That
the services in the following subdivisions be assumed:
T.S.L.
Investments Ltd. 65M-2919
Bramalea
Limited 65M-2147
621538
Ontario Inc. 65M-2457
Monarch
Construction Limited 65M-2926
and
65M-2927
Cedarland
Properties Limited 65M-3092
Cedarland
Properties Limited 65M-3149
Stringbridge
Investments Limited 65M-2668
Buttonwood
Estates Limited 65M-2512
and
65M-2513
Daniels
Rouge Corporation 65M-3180
and
65M-3190
Mattamy
(Sixteenth) Limited 65M-3242
Baystore
Developments Inc. 65M-3330
Cedar-Erin
Developments Inc. 65M-3191
Raymerville
Developers Limited 65M-3156
387004
Ontario Limited and
Allstate
Insurance Company of Canada 65R-7490 (Tiverton Court
– Part 7);
And that the Mayor and Clerk be
authorized to execute the necessary releases from the terms of the subdivision
agreements;
And further that the necessary by-laws
be enacted to establish roads within the subdivisions as part of the highways
of the Town of Markham.
(By-laws 2005-162
to 2005-169)
(2) VARIANCE
TO THE FENCE BY-LAW 277-97
625 COCHRANE DRIVE (2.19) Report
That the
report entitled “Variance to the Fence By-Law 277-97 at 625 Cochrane Drive” to
Development Services Committee, dated June 7, 2005 be received;
And that the request to grant relief from the provisions of the Fence
By-Law 277-97 to permit a 1.8m high decorative metal screen fence in the front
yard of a commercial office building (to screen a proposed backup generator
unit) at 625 Cochrane Drive, whereas the by-law permits a maximum 1.2m high
fence in the front yard, be approved.
(3) RODEO FINE HOMES, 378
JOHN STREET, THORNHILL
ZONING BY-LAW AMENDMENT TO
PERMIT THE
CONSTRUCTION OF 3 NEW SINGLE
DETACHED DWELLINGS
(ZA 04 024598) (10.5) Report
That
the staff report entitled “Recommendation Report: Rodeo Fine
Homes – Application for Zoning By-law Amendment to permit the construction of 3
new single detached dwellings at 378 John Street, Thornhill (ZA 04 024598)”
be received;
And
that the zoning by-law amendment application (ZA 04 0245598) to amend By-law
151-75 as amended, submitted by Rodeo Fine Homes to change the zone category to
R8 with a hold and amend development standards to permit the creation of three
lots on the subject lands municipally known as 378 John Street, be approved and
the draft Zoning By-law be finalized and enacted.
(By-law
2005-170)
CARRIED
(Councillor J. Virgilio
abstained)
(4) IBRANS
DEVELOPMENT LTD., 7033 14TH AVENUE
BOX GROVE PLANNING DISTRICT (19TM-04001)
PLAN OF SUBDIVISION AND
IMPLEMENTING ZONING BY-LAW
AMENDMENTS (SU 04 009413, ZA 04
009405) (10.5, 10.7) Report
That the amended draft resolution dated June
7, 2005, be received;
That the staff report entitled “Ibrans Development Ltd. (19TM-04001),
7033 14th Avenue, Proposed plan of subdivision and implementing
zoning by-law amendments, Box Grove Planning District” dated June 7, 2005,
be received;
And that the record of the Public Meeting held on June 28, 2004 with respect to the applications by Ibrans Development
Ltd. For draft plan of subdivision (19TM-04001) and implementing zoning by-law
be received;
And that Ibrans Development Ltd. Be granted a servicing allocation of
34 units, such allocation to be from the total allocation available for the Box
Grove Secondary Plan area, contingent on York Region confirming its acceptance
of Markham’s proposed flow control option, as discussed in the February 15,
2005 report on Servicing allocation from the Director of Engineering and the
Director of Planning and Urban Design;
And that draft plan of subdivision 19TM-04001 (SU.04-009413) located
south of 14th Avenue, east of 9th Line, proposed by
Ibrans Development Ltd., be draft approved subject to the conditions outlined
in Appendix ‘A’ to the staff report;
And that zoning application (ZA.04-009405) to amend By-law 304-87, and
By-law 177-96, submitted by Ibrans Development Ltd., be approved and the
implementing Zoning By-law be finalized and enacted;
And that the Town reserve the right to revoke or reallocate water and
sewage allocation at its sole discretion;
And that the Region of York be advised of the servicing allocation for
this development;
And that Ibrans Development Ltd. provide the Town with the required
subdivision processing fees in accordance with the Town’s Fee By-law (By-law
170-2000).
(5) MILLIKEN MAIN STREET STUDY
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS
(OP 04 009433, ZA 04 009448) (10.3,
10.5) Report
That
correspondence from Peter Chee of Mi-Ko Urban Consulting Inc., representing
Tang’s Automotive Centre Ltd., and Sonny Hakkim, with concerns for the proposed
Official Plan and Zoning By-law amendments for the Milliken Main Street Study,
be received;
And
that the deputations by Peter Chee of Mi-Ko Urban Consulting Inc., representing
Tang’s Automotive Centre Ltd., Ben Quan, representing a property owner, and
Sonny Hakkim, with concerns for the proposed Official Plan and Zoning By-law
amendments for the Milliken Main Street Study, be received;
And that the
report entitled “Milliken Main Street Study: Official Plan and Zoning By-law
Amendments (OP 04 009433, ZA 04 009448)”, dated June 7, 2005, be received;
And that the
Official Plan Amendment, incorporating a Secondary Plan for the Milliken Main
Street Area within the Risebrough Planning District, be
approved and adopted;
And that the
Region of York be requested to approve the Official Plan Amendment
incorporating a Secondary Plan for the Milliken Main Street Area in the
Risebrough Planning District;
And that the
draft implementing zoning by-laws be finalized and enacted;
And that the
recommendations of the Safety Audit of the Old Kennedy Road/Denison Street intersection be implemented and the existing configuration of the Old Kennedy Road/Denison Street intersection be endorsed;
And that the
draft by-law to designate the Milliken Main Street Secondary Plan area as a Community
Improvement Project Area, be finalized and enacted; and
And that a
Public Meeting be held to consider the draft Milliken Main Street Area-Specific
Development Charges By-law, once a draft by-law has been prepared to the
satisfaction of the Commissioner of Development Services.
CARRIED
(6) MARKHAM SUITES HOTEL LTD. (HILTON SUITES
HOTEL)
8500 WARDEN AVENUE, MARKHAM
CENTRE
ZONING BY-LAW AMENDMENT,
PARKING BY-LAW
TO PERMIT PAID PARKING ON
HOTEL PROPERTY (ZA 05 005737) (10.0) Report
That the
recommendation report on the application submitted by Markham Suites Hotel Ltd.
(Hilton Suites Hotel) at the
southwest corner of Highway #7 and Warden Avenue to permit paid parking be
received;
And that the
by-law to amend Zoning By-law No. 28-97 (Parking By-law) to permit the
introduction of paid parking in conjunction with the hotel operations at 8500
Warden Avenue be enacted;
And
further that the Town Clerk bring forward to Council a separate by-law to deal
with identification of Hilton Suites Hotel staff as Provincial Offences
Officers for the purpose of the issuance of Town Parking Tickets.
And
that staff monitor the paid parking program and report to the Development
Services Committee in two years.
(By-laws
2005-171 and 2005-172)
(7) WOODBINE AVENUE BY-PASS
VILLAGE OF VICTORIA SQUARE (5.10)
Whereas the completion of the
Woodbine By-pass will reduce the volume of traffic through the Hamlet of
Victoria Square;
And whereas the Woodbine
By-pass will enable employment lands to proceed in the Cathedral Secondary
Plan;
And whereas the Town of
Markham has requested the Cathedral Developers Group to advance the schedule
for its construction to 2007/2009 from the Region’s current schedule of
2011/2012;
And whereas the Cathedral
Developers Group are prepared to advance Stage 1 and 2 of the Woodbine By-pass
to 2007/2009;
And whereas on March 8, 2005
Markham Council approved the principles of an agreement between the Region of
York, the Cathedral Developers Group and the Town of Markham to advance the
construction of the Woodbine By-pass;
And whereas the Cathedral
Developers Group has advised that the Region of York’s financial conditions
preclude them from advancing the construction schedule;
And whereas in 2004 Markham
Council requested the Region of York to defer various capital projects;
Now therefore be it resolved
that the Region of York be requested to undertake the following:
1. Establish
a mutually agreeable front ending agreement with the Cathedral Developers Group
to ensure that the completion of Stages 1 and 2 of the Woodbine By-pass can be
advanced to 2007/2009, and
2. To
advance completion of Stage 3 of the Woodbine By-pass to 2009 by utilizing
unexpended or reallocated budget funds.
(8) YORK REGION CONDOMINIUM CORPORATION NO.
279
31 PORTERFIELD CRESCENT,
THORNHILL SECONDARY PLAN AREA,
OFFICIAL PLAN AND ZONING BY-LAW
AMENDMENTS
(OP 05 006539 ZA 05 006552)
(10.3, 10.5)
That the report from the Development Services
Commission dated March 1, 2005, entitled “Official Plan and Zoning By-law
Amendments to permit a condominium management office at 31 Porterfield Crescent,
Thornhill Secondary Plan Area” be received;
And that the Record of the Public Meeting
held on June 7, 2005, with respect to the proposed amendment to the Town of
Markham’s Official Plan and Zoning By-law 1767, as amended, be received;
That the application by York Region
Condominium Corporation No. 279 to amend the Town By-law 1767, as amended, be
approved;
And that the proposed amendment to the Town’s
Official Plan and Zoning By-law 1767, as amended, be enacted without further
notice.
(9) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JUNE 7,
2005 (16.0)
8. MOTIONS
Council consented
to add Motions (1) to (4).
(1) 2005
MAYOR'S SENIORS'
HALL OF FAME AWARDS (12.2.6)
Moved by Deputy Mayor F. Scaritti
Seconded by Regional Councillor J. Heath
That congratulations be extended to the Mayor's
Seniors' Hall of Fame Award recipients for their unique and outstanding contribution
to the Markham Community:
Mayor's Seniors' Hall of Fame Award Winner:
- Dennis
"Red" Carlsen
Meritorious Award Winners:
- Betty Hoover
- Ramesh Patel
Hall of Fame Certificate of Appreciation Winners:
- Gokul Khatri
- George Mann
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) GRANTS
AND SPONSORSHIPS
GUIDELINES (7.6)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor J. Jones
That the deputation by Dr. Ken
Ng, representing the Taste of Asia Festival, in support of the Grants and
Sponsorships Guidelines and requesting that Council continue to support the
Taste of Asia Festival, be received;
And that the deputation by Judi McIntyre, representing the
Markham Arts Council and the Markham Music Festival, in support of the Grants
and Sponsorships Guidelines and in support of the arts in Markham, be received.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) PURCHASE
OF SPONSORSHIPS
FUTURE POSSIBILITIES – CENTRE
STAGE GALA
JUNE 28, 2005 (12.2.6)
Moved by Councillor S. Daurio
Seconded by Councillor K. Usman
That Council support the Future Possibilities fundraising gala in the
amount of $1,000. The amount is to be
charged to account 840 8415840.
CARRIED
(2/3rd vote to consider was
required and obtained)
(4) SWAN
LAKE VILLAGE CONDOMINIUM
REQUEST TO ESTABLISH TASK
FORCE (7.3, 12.2.6)
That the
matter of the request by Swan Lake Village Condominium for the Town to
establish a Task Force to examine concerns be received for information and that
a Working Group comprised of Members of Council and representatives of Swan
Lake Village Condominium be established to examine concerns and that staff
bring back a report in this regard.
LOST
(See following recorded vote) (5:7)
YEAS: Deputy
Mayor F. Scarpitti, Regional Councillor J. Heath, Regional Councillor J. Jones,
Councillor E. Shapero, Councillor J.
Webster. (5)
NAYS: Mayor
D. Cousens, Regional Councillor B. O'Donnell, Councillor S. Daurio, Councillor
J. Virgilio, Councillor G. McKelvey, Councillor D. Horchik, Councillor K.
Usman. (7)
ABSENT: Councillor
A. Chiu. (1)
9. COMMUNICATIONS
Council
consented to refer Communication No. 104-2005 to all Members of Council and
Communities in Bloom Staff.
Moved by Regional
Councillor J. Jones
Seconded by
Regional Councillor J. Heath
That Council
receive and consent to the disposition of communications in the following
manner:
Received
97-2005 Minister
of Municipal Affairs and Housing - Informing of the changes to the Building
Code Act, 1992 and Building Code resulting from the Building Code Stature Law
Amendment Act, 2002 (Bill 124). (13.2.5)
98-2005 Ministry
of Municipal Affairs and Housing - Forwarding information regarding the proposed
governance model that would give municipal employees and employers greater
control of the Ontario Municipal Employees Retirement System (OMERS). (13.2.5)
99-2005 Association
of Municipalities of Ontario - Updating matters considered at regular
Memorandum of Understanding meetings with the various Provincial ministries.
(13.12.2)
100-2005 Ontario
Municipal Employees Retirement System (OMERS) - Forwarding a copy of OMERS 2004
Annual Report. (11.0)
Referred to all Members of Council
101-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission Municipal
Information Form for The Major Milliken Pub House, 7710 Kennedy Road (indoor
expansion) (3.21).
102-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Mix2 KTV & Billiards, 1661 Denison Street,
Unit 3 (indoor expansion) (3.21).
103-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for The Rail Pool & Lounge, 7500 Woodbine Avenue
(indoor) (3.21).
Referred to all Members of Council &
Communities in Bloom Staff
104-2005 Development
Services Commission - Providing an update regarding the application submitted
by Canadian National Railway Company to permit a commercial development for a
strip of land near the southwest corner of Markham Road and 14th
Avenue. At the April 19, 2005 Public
Meeting, Committee raised concerns with respect to the CN Railway bridge
painting and the installation of a sidewalk along the entire frontage of the
property at 7750 Markham Road. (10.5)
(By-laws 2005-173 and 2005-174)
CARRIED
(See
following motion to amend)
Moved by Regional Councillor J. Heath
Seconded by Councillor S. Daurio
That communication 104-2005 be amended to be referred to Communities in Bloom
staff as well.
CARRIED
Referred to Commissioner of
Development Services & Town Solicitor
105-2005 Ontario
Municipal Board - Forwarding a decision approving the site plan application
submitted by Ruskinvale Developments Limited for lands composed of Part of Lots
4 & 5, Concession 2. (13.13)
106-2005 Ontario
Municipal Board - Forwarding a decision ordering Eastpine Kennedy-Steeles
Limited and Ricenburg Developments Limited to pay recoveries with respect to a
proposed plan of subdivision on lands composed of Part of Lot 2, Concession 5.
(13.13)
CARRIED
10. PROCLAMATION
Council
consented to add the following proclamations:
- Pakistan Independence Day – August 14, 2005
- India Independence Day – August 15, 2005
- Jack MacKay Day – September 30, 2005
(1) PROCLAMATIONS
(3.4)
Moved by
Regional Councillor J. Heath
Seconded by
Councillor K. Usman
That the
following be proclaimed in the Town of Markham:
- Welcome
Wagon Week - June 20 to 26, 2005
- National
Marina Day - August 13, 2005
- Pakistan Independence Day – August 14, 2005
- India Independence Day – August 15, 2005
- Markham Day
at the Rogers Cup - August 17, 2005
- Jack MacKay Day – September 30, 2005
- Big Brothers
Big Sisters Month - September 2005
- Character
Community Day - October 19, 2005;
And that the
Corporate Communications Department be requested to publish the proclamation of
the 'Big Brothers Big Sisters Month' in the Markham Economist and Sun.
CARRIED AS AMENDED
(See following motions to amend)
Moved by Councillor K. Usman
Seconded by Regional Councillor J. Jones
That Report No. 10 be amended to include the following proclamation:
"- Pakistan
Independence Day – August 14, 2005"
CARRIED
Moved by Councillor K. Usman
Seconded by Deputy Mayor F. Scarpitti
That Report No. 10 be amended to include the
following proclamation:
"- India
Independence Day – August 15, 2005"
CARRIED
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor D. Horchik
That Report No. 10 be amended to include the
following proclamation:
"- Jack
MacKay Day – September 30, 2005"
CARRIED
11. OTHER BUSINESS
(1) – RELOCATION OF JOSEPH
MARR HOUSE TO MARKHAM HERITAGE
ESTATES (8.5 & 16.11)
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
Moved by Councillor G. McKelvey
Seconded by Regional Councillor B.
O'Donnell
That the notice of proposed sale for the Town
owned lands, legally described as Part of Lot 16, Concession 7, designated as Part
3, Plan 65R-24463, be confirmed.
(Committee of
the Whole Motion - June 14, 2005)
(By-law 2005-175)
CARRIED
(2) EXCHANGE INVOLVING VARIOUS PARTS OF
CHIPPENHAM LANE WITH WYKLAND
ESTATES
(MATTAMY HOMES) – EAST OF 9TH
LINE,
SOUTH OF 16TH AVENUE
– PLAN 65M-3767, CORNELL
COMMUNITY (8.5, 10.0)
Council inquired whether any
persons were in attendance to either support or object to the stop up and close
portions of Chippenham Lane.
No persons
were in attendance to either support or object to this matter.
Moved by Regional Councillor
J. Jones
Seconded by Councillor S.
Daurio
Whereas a
notice to stop up and close portions of Chippenham Lane,
more particularly described as:
- Part
of Chippenham
Lane, Plan 65M-3767,
designated as Parts 1 and 2, Plan 65R-27525;
- Part
of Chippenham
Lane, Plan 65M-3767,
designated as Parts 6 and 7, Plan 65R-27525;
- Part
of Chippenham Lane, Plan 65M-3767, designated as Part 1, Plan 65R-28088.
has been
published on the Town of Markham website on June 10, 2005 and Town of Markham
Council agenda dated June 14, 2005;
And whereas no
persons have objected thereto this date;
Therefore be
it resolved that a by-law to stop up and close portions of Chippenham Lane,
more particularly described as part of Chippenham Lane, Plan 65M-3767,
designated as Parts 1 and 2, Plan 65R-27525, part of Chippenham Lane, Plan 65M-3767,
designated as Parts 6 and 7, Plan 65R-27525 and, part of Chippenham Lane, Plan
65M-3767, designated as Part 1, Plan 65R-28088, be considered by Council later
in the meeting.
(By-law 2005-176)
CARRIED
12. BY-LAWS
Council
consented to separate By-laws 2005-170, 2005-182 and 2005-186.
Moved by
Councillor K. Usman
Seconded by
Councillor G. McKelvey
That By-laws 2005-157
to 2005-169 and 2005-171 to 2005-181 and 183-2002 to 185-2005 be given three
readings and enacted.
Three Readings
BY-LAW 2005-157 A by-law to establish ward boundaries for the Town of Markham to be
effective for the 2006 municipal election.
(Clause 6, Report No. 20, 2005)
BY-LAW 2005-158 A by-law to prescribe standards for maintenance of tall grass and
weeds on private lands (Grass and Weed Control By-law).
(Clause 8, Report No. 20, 2005)
BY-LAW 2005-159 A by-law authorize the execution of a Release and Abandonment of
the Watermain Easement registered on lands legally described as Part of Lot 67
and Block 82, Plan 65M-3343 and Part of Lots 29, 90 and Part of Blocks 113 and
114 Plan 65M-3582.
(Clause 9, Report No. 20, 2005)
BY-LAW 2005-160 A by-law to amend By-law 32-95, being a by-law to establish and
maintain a system for the collection of refuse in the Town of Markham (Expansion of
3-Stream waste collection).
(Clause 15, Report No. 20, 2005)
BY-LAW 2005-161 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
(skateboard park booking and rental fees).
(Clause 16, Report No. 20, 2005)
BY-LAW 2005-162 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2919 as public highway (T.S.L Investments Ltd, Part of Lot 6,
Concession 5 - Duffield Drive and Deverill Court).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-163 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2147 as public highway (Bramalea Limited, Part of Lot 13,
Concession 5 - Addington Square, Village Parkway, Webber Crescent &
Wentworth Court).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-164 A by-law to establish streets as public highway, being Part of
Block 11, Plan M-2029, designated as Part 7, Plan 65R-7490 (Tiverton Court).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-165 A by-law to establish streets laid out according to Plans of
Subdivision 65M-2926 & 65M-2927 as public highway (Monarch Construction
Limited, Part of Lots 13, 14 and 15, Concession 6 - Manhattan Drive , Bushberry
Court, Burndenford Crescent, Wall Street& Arborfield Lane).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-166 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3092 as public highway (Cedarland Properties Limited, Part of
Lots 3 and 4, Concession 7 - Kruger Road & Sophia Road).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-167 A by-law to establish streets laid out according to Plan of
Subdivision 65M-3149 as public highway (Cedarland Properties Limited, Part of
Lot 4, Concession 7 - Sophia Road).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-168 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2668 as public highway (Stringbridge Investment Limited, Part
of Lot 10, Concession 4 - Clegg Road & Flaska Drive).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-169 A by-law to establish streets laid out according to Plan of
Subdivision 65M-2512 & 65M-2513 as public highway (Buttonwood Estates
Limited, Part of Lot 14, Concession 4 - John Button Boulevard, John Stiver
Crescent, Hoodview Court, William Craig Court, Sutton Court & Burr Crescent
(65M-2512) and Morrison Crescent, Mary Elizabeth Crescent, Tomlinson Circle
& Rodick Road (65M-2513).
(Clause 1, Report No. 21, 2005)
BY-LAW 2005-170 A by-law to amend Zoning By-law 151-75, as amended (Rodeo Fine
Homes, 378 John
Street - To permit the
construction of 3 new single detached dwellings).
(Clause 3, Report No. 21, 2005) CARRIED
(Councillor
J. Virgilio abstained)
BY-LAW 2005-171 A by-law to amend Zoning By-law 165-80, as amended by By-law 28-97
(Parking By-law) - To permit the introduction of paid parking in conjunction
with the hotel operations at 8500 Warden Avenue.
(Clause 6, Report No. 21, 2005)
BY-LAW 2005-172 A by-law to amend By-law 2002-178, a by-law to appoint Municipal
Law Enforcement Officers (Appointment of Hilton Suites Hotel staff as
Provincial Offences Officers to issue Town parking tickets - To revise Schedule
"B" ).
(Clause 6, Report No. 21, 2005)
BY-LAW 2005-173 A by-law to amend Zoning By-law 304-87, as amended (Canadian
National Railway Company Southwest corner of Markham Road and 14th
Avenue - To delete the subject lands from By-law 304-87, as amended, so that
they may be incorporate into By-law 108-81, as amended, to allow the
consolidation of the subject lands with the adjoining property to the southwest
to be utilized for commercial purposes).
(Communication No. 104-2005)
BY-LAW 2005-174 A by-law to amend Zoning By-law 108-81, as amended (Canadian
National Railway Company Southwest corner of Markham Road
and 14th Avenue - To allow the consolidation of the subject lands with the
adjoining property to the southwest to be utilized for commercial purposes).
(Communication No. 104-2005)
BY-LAW 2005-175 A by-law to authorize the execution
of an Agreement of Purchase and Sale between the Town and David and Melissa
Loney together with the execution of the Transfer of Land for lands legally
described as Part of Lot 16, Concession 7, designated as Part 3, Plan 65R-24463 (Relocation
of Joseph Marr House to Markham Heritage Estates).
(Other Business (1))
BY-LAW 2005-176 A by-law to stop up and close portions of Chippenham Lane (Plan
65M-3767, designated as Parts 1, 2, 6 & 7, Plan 65R-27525 and Plan
65R-3767, designated as Part 1, Plan 65R-28088).
(Other Business (2))
BY-LAW 2005-177 A by-law to amend By-law 2002-178, a by-law to appoint Municipal
Law Enforcement Officers (To revise Schedules "A" & "B").
BY-LAW 2005-178 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Best Homes, north side of Helen Avenue, south of
South Unionville Avenue and west of Harry Cook Drive, Lots 1 to 4, Plan
65M-3755 and Part of Lot 1, Plan 65M-3680).
BY-LAW 2005-179 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Gel-Don Investments, north of Highway 7 East,
abutting the northerly lot line of 3864 and 3872 Highway 7 East between Tenbury
Drive and Verclair Gate, Part of Block 79, Parts 3 & 4, Part of Block 80,
Parts 7 to 10, Part of Block 81, Parts 12 & 13, Plan 65M-2497, Plan
65R-27083).
BY-LAW 2005-180 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Karvon Enterprises Ltd., north of 16th
Avenue, west of Williamson Road, Blocks 69 and 70, Plan 65M-3636).
BY-LAW 2005-181 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Pam Grey Holdings Inc., north of Bur Oak Avenue,
west of Williamson Road, Lots 10, 11, 12, 37, 39, 45, 46, 53 to 61 both
inclusive, 64, 67 and 68 and Blocks 69 to 75 both inclusive, Plan 65M-3814 ).
BY-LAW 2005-182 A by-law to amend Parking By-law 336-88 (Main Street Unionville
parking restrictions).
CARRIED
(See
following recorded vote) (9:2)
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 J. Webster, Councillor K. Usman. (9)
NAYS: Regional Councillor J.
Jones, Councillor G. McKelvey. (2)
ABSENT: Councillor D. Horchik,
Councillor A. Chiu. (2)
BY-LAW 2005-183 A by-law to amend Zoning By-law 304-87, as amended (Fairtree Driving Range, 10411 Kennedy Road - To permit the subject lands to be used as golf driving range, for
three (3) years from the date of passing).
(Clause 10, Report No. 19, 2005)
BY-LAW 2005-184 A by-law to amend Zoning By-law 177-96, as amended
(Larkin/Monarch Partnership (Phase 5B), north of 16th Avenue, between Kennedy Road and McCowan Road
in the Berczy Village Secondary Plan Area - To
remove the (H) Hold provision).
BY-LAW 2005-185 A by-law to amend Zoning By-law 165-80, as amended (Strada
Aggregates Inc., 350 Yorkteck Drive, Concession 4, Parts 1 and 4, Plan
65R-22981 - To extend Temporary Use By-law 2002-139 for and additional three
(3) years).
(Clause 11, Report No. 19, 2005)
CARRIED
Moved by
Councillor K. Usman
Seconded by
Councillor S. Daurio
That Council
recess into Committee of the Whole in-camera.
CARRIED
2. REPORT OF THE COMMITTEE OF THE WHOLE -
cont'd
Moved by
Regional Councillor J. Jones
Seconded by
Councillor K. Usman
That Council rise from the Committee of the
Whole in-camera and the Chairman report.
CARRIED
Mayor D.
Cousens reported the following motions passed at the Committee of the Whole
meeting:
(8) SURPLUS PROPERTY AND LAND TRANSFER
TO REGION OF YORK
PART OF LOTS 10 AND 11,
CONCESSION 4, DESIGNATED AS
PARTS 8, 9, 12 AND PART OF
PART 11 ON PLAN 65R-24140
SOUTH WEST CORNER HIGHWAY 7
AND WARDEN
AVENUE
MARKHAM (8.7)
That
land situated at the south west corner of Highway 7 and Warden Avenue, being
Part of Lots 10 and 11, Concession 4 and shown as Parts 8, 9, 12 and part of
Part 11 on Reference Plan 65R-24140 (new R-Plan to be prepared and deposited)
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 28, 2005;
And
subject to the representations of anyone wishing to be heard on June 28th,
2005, that a by-law be enacted at the Council meeting on June 28, 2005,
authorizing the Mayor and Clerk to execute a Transfer/Deed of Land to the
Region of York and other related documents for the lands known as Part of Lots
10 and 11, Concession 4 and shown as Parts 8, 9, 12 and part of Part 11 on
Reference Plan 65R-24140 (new R-Plan to be prepared and deposited) Markham, in
a form satisfactory to the Town Solicitor;
And
that the Region of York be permitted to enter and start construction within the
above noted lands prior to the land transfer.
(9) PROPERTY MATTER – RELOCATION OF JOSEPH
MARR HOUSE TO MARKHAM HERITAGE
ESTATES
FINANCIAL CAPABILITY AND LOT
SELECTION (8.5 & 16.11)
That the
report on financial capability of the applicants to purchase a lot and relocate
and restore the Joseph Marr House at the Markham Heritage Estates be received;
And that Part
3, Plan 65R-24463 (Heritage Subdivision) be declared surplus to the Town’s
needs and made available for sale to the applicants;
And that the
fourteen (14) day notice period of the proposed sale of the above lands be
placed on the next Council agenda, or subsequent date, in accordance with the
Town of Markham By-law No. 178-96 (Sale of Surplus Real Property);
And that a
by-law be enacted authorizing the Mayor and Clerk to execute an Agreement of
Purchase and Sale between David and Melissa Loney and the Town of Markham
together with the transfer/deed of land and any other required closing
documentation in a form satisfactory to the Town Solicitor;
And that Part
3 of Plan 65R-24463 be sold for $96,000 plus GST;
And further
that when a building permit is issued for Part 3, Plan 65R-24463, that the
property be exempt from all of the Town’s current development charges in
accordance with Town of Markham By-law No. 147-99 (Town-Wide Hard Services) and
Town of Markham By-law 148-99 (Town-Wide Soft Services).
(10) TAX SYSTEM – TMX 2000 (7.3)
That
the Mayor and Clerk be authorized to sign the License Agreement and Maintenance
and Support Agreement with the City of
Mississauga for the continued use of the tax system (TXM 2000);
And
that the Mayor and Clerk be authorized to sign the joint Development Agreement
with the City of Mississauga, City of Brampton and Town of Richmond Hill for the tax system (TXM 2000);
And
that the Treasurer and Chief Information Officer be authorized to sign the
joint Master Preferred Escrow Agreement, and any other related supporting
documentation, with the City of Mississauga, City of Brampton and Town of
Richmond Hill as a preferred beneficiary providing for the retention,
administration and controlled access to system source code by an external
escrow agent;
And
that the Treasurer and Chief Information Officer be authorized to sign the
joint Statement of Work agreement with the City of Mississauga, City of
Brampton and Town of Richmond Hill to provide for the verification of the
system source code and system materials that will be held in escrow;
And
that maintenance and support costs of $145,832 (including PST) for the period
2003 to 2005 be approved and funded from Operating Account 400-400-5361 and
$880,276 (including PST) for system development costs for the period 2003 to
2005 be approved and funded from 2004 Capital Account 49-5350-6327-005 and 2005
Capital Account 049-6150-6738-005;
And
that the License, Maintenance and Support, Development, Master Preferred Escrow
and Statement of Work Agreements be executed subject to confirmation by the
Treasurer that negotiations with the City of Mississauga regarding support and
maintenance costs for 2006 have been finalized;
And
that staff report back to Council before year end 2005 regarding the 2006
support and maintenance costs.
(11) LAND
EXPROPRIATION OF
CASTAN PROPERTY TRANSFER
(8.10)
That the
confidential report entitled "Land Expropriation of Castan Avenue, South
Unionville" dated June 14, 2005, be received;
And that the
Town Solicitor, be authorized to commence proceedings to expropriate Property
owned by Inger and Flemming Kunzel, defined as Part of Lot 6 Plan 2196
described as Part 23 – Plan 65R-18880 for the realignment of Castan Avenue;
And that the
tendering process be waived in accordance with Purchasing By-law 2004-341, Part
II, Section 7(1) which states "When any of the following conditions apply,
the Treasurer and the Manager of Purchasing may, in consultation with the
appropriate Director, negotiate a contract for the supply of goods and services
without a competitive process, which shall be submitted to the Chief
Administrative Officer for approval … (h) where it is necessary or in the best
interest of the Town to acquire non-standard items or Consulting and
Professional Services from a preferred supplier or from a supplier who has a
proven track record with the Town in terms of pricing, quality and service;
And that the
Town Solicitor, be authorized to retain an independent real estate appraiser
and outside legal counsel to assist staff in these expropriations procedures;
And that staff
be authorized to do all the things necessary including execution of documents
and notices as required by the Expropriations Act;
And that the
Engineering Department's 2005 Capital Budget be amended to include a $200,000
allowance for the cost of the property expropriation, appraisal and legal
counsel services to be funded by the South Unionville Area Specific Development
Charges (A.S.D.C. – 42A);
And that the Town accept a
conveyance free and clear of all encumbrances of Parts 8, 9 and 10 , Plan
65R-27219 from Inger and Flemming and Kunzel to complete the extension on South
Unionville Avenue East of Harry Cook Drive;
And that staff be directed to do
all things necessary to give effect to this recommendation;
And that this report not be released to the public and remain
confidential upon Council approval.
Moved by Councillor G. McKelvey
Seconded by Councillor J. Virgilio
That the Report of the Committee of the Whole
be adopted, approved and confirmed.
CARRIED
12. BY-LAWS
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor K. Usman
That By-law
2005-186 be given three readings and enacted.
Three Readings
BY-LAW 2005-186 A by-law to confirm the proceedings of the Council meeting of June 14, 2005.
(Council Meeting No. 12, 2005)
CARRIED
13. ADJOURNMENT
Moved by Councillor E. Shapero
Seconded by Councillor K. Usman
That the meeting do adjourn.
CARRIED
Council adjourned at 11:10 p.m.
___________________________________ ______________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, DEPUTY MAYOR
(Signed)