2005-02-22

COUNCIL MINUTES  Council Chamber, Civic Centre

 

(Canada Room)

COMMITTEE OF THE WHOLE

 

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 A. Chiu. (12)

 

Regrets

Councillor K. Usman. (1)

 

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That Council resolve itself into the Committee of the Whole to discuss the following:

 

(1)        Greater Toronto Airports Authority (GTAA) (13.1)

(2)        Town of Markham Ward Boundaries (9.2)

(3)        2005 Advisory Board/Committees Appointments (16.24)

(4)        Licensing Hearing “Natural Therapy Recreation Centre” 7039 Yonge Street, Unit 201, Markham (2.0)

(5)        Federation of Canadian Municipalities Conference, June 3 – 6, 2005 – St. John’s, Newfoundland (13.12.4 & 11.12) 

(6)        3-Stream Collection Implementation – Phase 2 Procurement of Organic Collection Kits (5.1, 5.2)

(7)        Avant Investments Inc. (Ellington Park) OMB Hearing Up-Date & Servicing Allocation Northeast Corner of Verclaire Gate And Highway 7 (10.8, 8.0)

 

CARRIED

 

 

The Regular Meeting of Council was held on February 22, 2005 at 7:00 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 A. Chiu. (12)

 

Regrets

Councillor K. Usman. (1)

 

 

 

STAFF

J. Livey, Chief Administrative Officer

J. Baird, Commissioner of Development Services

S. Birrell, Town Clerk

C. Conrad, Town Solicitor

B. Cribbett, Treasurer

B. Nanninga, Executive Assistant

J. Sales, Commissioner of Community & Fire Services

A. Taylor, Commissioner of Corporate Services

P. Miller, Manager, Secretariat Services

J. Carnegie, Director, Corporate Communication

P. Loukes, Director of Operations & Asset Management

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

None declared.

 

 

 

2.         REPORT OF THE COMMITTEE OF THE WHOLE

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor B. O’Donnell

 

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)        GREATER TORONTO AIRPORTS AUTHORITY (GTAA) (13.1)

 

That the presentation by Mr. Steve Shaw, Vice-President Corporate Affairs and Communications, Greater Toronto Airports Authority, regarding the future plans of the Greater Toronto Airports Authority be received;

 

And that the Greater Toronto Airports Authority provide Council of the Town of Markham with a status report every six months.

 

 

(2)        TOWN OF MARKHAM WARD BOUNDARIES (9.2)

 

That the presentation by the Town Clerk regarding Town of Markham ward boundaries be received;

 

And that staff be directed to make the entire southern boundary of Ward 3 the Highway 407;

 

And that staff be directed to consider changes to Wards 4 and 6 to further adjust the population distribution as discussed this date and report to Committee of the Whole on March 8, 2005.

 

 

(3)        2005 ADVISORY BOARD/COMMITTEES APPOINTMENTS (16.24)

 

Communities in Bloom Committee

That the following persons be appointed to the 2005 Communities in Bloom Committee:

 

            Tim Armstrong

            Robert Clark

            Lara Coombs

            Mary Hopperton

            Elizabeth Hutchison

            Richard Jarrell

            Ed Law

            Emily Ng

            Joanne Olson

            Mandy Ou

            Nirmala Persaud-Armstrong

            Dorothy Peverley

            Lesley Price

            Diane Reddy

            Christi Reeh

            Kate Seaver

 

Markham Business Improvement Area (BIA)

That the following membership of the 2005 Board of Management for the Markham Business Improvement Area (BIA) be confirmed:

 

            Dr. Morley Lem, Chair

            Amy Pialagitis, Vice-Chair

            Roger Clements

            Sid Ridgley

            Gordon Braithwaite

            Alexis Muir

            Tracy Xavier

            Mario Folco

            Wil Pialagitis

 

Property Standards Committee

That the resignation of Mr. Wayne Smith from the Property Standards Committee be received with regret and a letter of appreciation forwarded.

 

Varley-McKay Art Foundation of Markham

That Ms. Nancy Coxford be appointed to the Varley-McKay Art Foundation of Markham.

 

 

(4)        LICENSING HEARING
            “NATURAL THERAPY RECREATION CENTRE”
            7039 YONGE STREET, UNIT 201, MARKHAM (2.0)

 

That the following recommendation of the Markham Licensing Committee be adopted and confirmed:

 

         That the owner’s licence to own and operate a Complementary Healthcare Establishment known as “Natural Therapy Rec. Centre”, at 7039 Yonge Street, Unit 201, Markham, Ontario, be denied pursuant to By-law 2002-292, A By-law Respecting the Licensing and Inspecting of Body-rub Parlours and Attendants and Complementary Health Care ServiceProviders and Attendants;

 

         And that pursuant to section 25(1) of the Statutory Powers Procedure Act, this decision not be stayed by any appeal of this decision that may be instituted in the courts.

 

 

(5)        FEDERATION OF CANADIAN MUNICIPALITIES CONFERENCE
            JUNE 3 – 6, 2005 – ST. JOHN’S, NEWFOUNDLAND (13.12.4 & 11.12) 

 

That the information regarding FCM's 68th Annual Conference and Municipal Expo, being held June 3-6, 2005 at the St. John’s Convention Centre in St. John’s, Newfoundland, be received; 

 

And that Council approve the attendance of the following four members of Council, and the Mayor, at the Annual Conference and Municipal Expo of the Federation of Canadian Municipalities, June 3-6, 2005, with authorized expenses to be paid in accordance with Town Policy:

 

            Councillor A. Chiu

            Councillor S. Daurio

            Councillor G. McKelvey

            Councillor E. Shapero;

 

And that for 2006, four Members of Council who did not previously attend an FCM Conference, in this term of Council, be permitted to do so with authorized expenses to be paid in accordance with Town Policy;

 

And that for 2006, Members of Council who previously attended an FCM Conference in this term of Council, be permitted to do so, with authorized expenses to be paid in accordance with Town Policy, provided other Members of Council do not want to attend;

 

And that despite this Policy, any Member of Council who wishes to attend the FCM Conference may do so provided that all expenses are charged to their individual budgets.

 

 

(6)        3-STREAM COLLECTION IMPLEMENTATION – PHASE 2
            PROCUREMENT OF ORGANIC COLLECTION KITS (5.1, 5.2)

 

That the Report entitled “3-Stream Collection Implementation – Phase 2; Procurement of Organic Collection Kits” be received;

 

And that staff report back to Committee of the Whole on the date for the Town wide implementation of Markham’s Phase 2, 3-Stream collection program;

 

And that Council approve the issuance of a single source Purchase Order in accordance with the Town’s Purchasing By-Law #2004-341 Part II, Sections 7(c) and 7(h) to Norseman Plastics to provide and deliver 55,000 organic collection kits under the same terms and conditions as

Phase 1 and their unsolicited proposal dated February 24, 2004;

 

And that the Town Solicitor ensure that all future subdivisions require developers to provide green bins, as they do with recycling bins.

 

 

(7)        AVANT INVESTMENTS INC. (ELLINGTON PARK)
            OMB HEARING UP-DATE AND SERVICING ALLOCATION
            NORTHEAST CORNER OF VERCLAIRE GATE AND HIGHWAY 7 (10.8, 8.0)

 

That the report dated February 15, 2005, entitled “Avant Investments Inc. (Ellington Park), OMB Hearing Up-date and Servicing Allocation”, be received;

 

And that Avant Investments Inc. (Ellington Park) be granted a servicing allocation of 46 units from the Town reserve, contingent on York Region confirming its acceptance of Markham’s proposed flow control option, as discussed in the February 15, 2005 report on Servicing Allocation from the Director of Engineering and the Director of Planning and Urban Design;

 

And that this recommendation be made public, subject to Council authorizing the above.

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the Report of the Committee of the Whole be adopted, approved and confirmed.

 

CARRIED

 

 

 

3.         MINUTES

 

(1)        COUNCIL MINUTES
            FEBRUARY 8, 2005

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the Minutes of the Council Meeting held on February 8, 2005, be adopted.

 

CARRIED

 

 

 

4.         PRESENTATIONS

 

Council consented to add Presentation (2).

 

(1)        7^TH MILLIKEN MILLS SCOUT GROUP (12.2.6)

 

Council welcomed the 7^th Milliken Mills Scouts and their Leaders.

 

 

(2)        PARKING CONTROL BY-LAW AMENDMENT
            ANGUS GLEN SUBDIVISION (2.17)   Report     Presentation

 

Mr. B. Wiles, Manager, By-law Enforcement and Licensing, gave a presentation on the process followed for the proposed Angus Glen subdivision parking by-law amendment, the details of the proposed amendment and next steps.

 

5.         DELEGATIONS

 

Council consented to add Delegations (1), (2), (3) and (4).

 

 

(1)        Meg Stokes, in support of no charge on-street parking in all circumstances and not in support of the proposed by-law amendment for parking in the Angus Glen Subdivision (2.17) (Report No. 6, Clause 3).

 

(2)        Phu-My Nguyen, in support of the option to park cars on the street and not in support of the proposed By-law amendment for parking in the Angus Glen Subdivision (2.17) (Report No. 6, Clause 3).

 

(3)        Richard Ballard, Chair, Angus Glen Parking Subcommittee, in support of the proposed by-law amendment for parking in the Angus Glen Subdivision (2.17) (Report No. 6, Clause 3).

 

(4)        Randal Dickie, opposed to the proposed By-law amendment for parking in the Angus Glen Subdivision as it leads to his concerns regarding the occasional parking of boat and landscape trailers (2.17) (Report No. 6, Clause 3).

 

 

 

6(a)      REPORT NO. 6 - GENERAL COMMITTEE

 

Council consented to separate Clause (3).

 

Moved by Councillor E. Shapero

Seconded by Regional Councillor B. O’Donnell

 

That Report No. 6 - General Committee be received and adopted.

 

January 14, 2005

 

(1)        PROPERTY MANAGEMENT AND LEASING SERVICES 
            AGREEMENT AMENDMENT – HELTER INVESTMENTS LTD.
            60 ESNA PARK DRIVE, MARKHAM (8.2 & 8.7)    Report

 

That Council approve an amendment to Section 6.1 (Term) and Section 7.1(e) (Bonus Management Fee) of the existing Property Management and Leasing Services Agreement dated April 30, 2002 for 60 Esna Park Drive, Markham, between the Town of Markham and Helter Investments Limited, extending the Term for a period of two (2) years commencing January 1, 2006 and to expire on December 31, 2007 and revising the Bonus Management Fee from 50 percent to 33 percent of the annual net operating income;

 

And that the Mayor and Town Clerk be authorized to execute the amendment in a form satisfactory to the Town Solicitor.

 

(2)        CIVIL MARRIAGES (2.0)  Report

 

That a by-law be enacted to implement the civil marriage ceremonies in the Town of Markham.

(By-law 2005-22)

 

 

(3)        PARKING CONTROL BY-LAW AMENDMENT
            ANGUS GLEN SUBDIVISION (2.17)   Report     Presentation

 

That the deputation of Mr. Rob Wells, resident of the Angus Glen Subdivision, providing comments on the proposed one year trial parking permit program, be received;

 

And that By-law No. 336-88 “A By-Law to govern and control parking of vehicles in the Town of Markham” be amended to provide for permit parking within the Angus Glen Subdivision, East Village only;

 

And that the practice of issuing overnight exemptions for guests, etc. be extended to the East Village, year round.

(By-law 2005-23)

 

CARRIED

 

 

(4)        PURCHASING OF SPONSORSHIPS – PAKISTAN NATIONAL
            DAY DINNER – MARCH 18, 2005 (12.2.6)  Report

 

That Council purchase a Gold Sponsorship for the Pakistan National Day Dinner on March 18, 2005 to be held at the Crystal Fountain Banquet Hall.  Charges of $3,000 to account 840 8415840.

 

 

(5)        PURCHASE OF SPONSORSHIP – CONFEDERATION OF GREATER
TORONTO CHINESE BUSINESS ASSOCIATION – 8^TH ANNUAL
CHINESE NEW YEAR GALA – FEBRUARY 19, 2005 (12.2.6)

 

That Council purchase a table in the amount of $1,380.00 for the 8^th Annual Chinese New Year Gala on February 19, 2005 at the Hilton Suites Toronto/Markham Conference Centre & Spa (Charge of $1,380 to account 840 8415840.);

 

And that if Members of Council cannot fill the table, then members of Senior Management or members of the Economic Development Department be invited to attend.

 

(6)        NATURAL SCIENCE AND ENGINEERING RESEARCH
            COUNCIL PROGRAM GRANT USE (6.7)   Report

 

That the report entitled Natural Science and Engineering Research Council Program Grant Use (NSERC) be received;

 

And that Council approve the objectives for the project, as outlined in this report;

 

And that the Museum be authorized to allocate portions of its approved operating budget allocations to support the work outlined in this report.

 

 

(7)        PROPOSED SENIORS CLUBS FEE SCHEDULE -
            LETTER OF UNDERSTANDING (6.0)   Report

 

That the report entitled Proposed Seniors Clubs Fees Schedule – Letter of Understanding be received;

 

And that the proposed five-year fee schedule detailing the contributions to be made by the Older Adults in Action and the Thornhill Seniors Club to the Town of Markham be approved as listed in Appendix A (attached to original Council minutes in Clerk’s Office) and take effect from 2005 to 2009;

 

And that the Director, Recreation and Culture Services be authorized to execute a Letter of Understanding between the Older Adults in Action club and Thornhill Seniors Club and the Town of Markham in a form satisfactory to the Town Solicitor.

 

 

(8)        L.E.A.D. (LEAD, EXPERIENCE AND DEVELOP)
            PROGRAM  (6.0)  Report

 

That the report titled L.E.A.D. (Lead, Experience and Develop) Program be received;

 

And that Members of Council approve the Addition to the Purchase of Service – Schedule D to form part of the existing Child Care Services Agreement;

 

And that Council authorize the Mayor and Clerk to execute Schedule ‘D’ - Addition to Purchase of Service (attached to original Council minutes in Clerk’s Office), and all other documents necessary to give effect thereto, in a form satisfactory to the Town Solicitor which will form a part of the existing Consolidated Agreement for Child Care Services between the Town of Markham and The Regional Municipality of York approved by Council September 28, 2004;

 

And that Council authorize a discount of 20% of the program fee to eligible participants to cover the Town’s contribution.

 

(9)        PESTICIDE FREE PILOT PROJECT UPDATE (5.7)  Report  

 

That the staff report entitled Pesticide Free Pilot Project Update, dated February 14^th, 2005 be received;

 

And that the deputation by Ms. Sari Merson regarding the Pesticide Free Pilot Project be received;

 

And that the current Pesticide Free Pilot Project in Ward 2 and the Civic Centre, and the Cultural Practices Pilot Project at five Ward 2 parks and at the Civic Centre continue until October 2005;

 

And that consideration for continued use of cultural practices in parks be addressed through the consultants report on Park Maintenance Standards in the fall of 2005;

 

And that the matter be referred to the Environmental Issues Committee for further discussion.

 

 

(10)      RESPONSE TO COUNCIL DEPUTATION BY MR. KAY
REGARDING REESOR ROAD BRIDGE REPLACEMENT
BETWEEN 16^th AVE AND MAJOR MACKENZIE DR (5.10)  Report

 

That the report entitled Response to Council Deputation by Mr. Kay regarding Reesor Road Bridge Replacement between 16^th Avenue and Major Mackenzie Drive be received;

 

And that the Town proceed with the Reesor Road Bridge Replacement Project in the summer of 2005 as previously approved by Council.

 

 

(11)      SPRING AND YEAR ROUND LOAD
            RESTRICTIONS (5.10)   Report

 

That the report titled Spring and Year-Round Load Restrictions for the Town of Markham’s Road Network be received;

 

And that a By-Law be passed authorizing the restriction of the gross weight of commercial vehicles to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2005 to April 30, 2005;

 

And that should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations and Asset Management, the load restrictions be extended up to May 31, 2005 (up to four weeks);

 

And that a By-law be passed authorizing the restriction of the gross vehicle weight of commercial vehicles to 5 tonnes per axle for hard surfaced Town roads, from March 1, 2005 to February 28, 2006;

 

And that according to the Highway Traffic Act Sec.122 (4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school buses;

 

And that the Director of Operations and Asset Management be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion.

(By-laws 2005-24 and 2005-25)

 

 

(12)      18^th AVENUE BRIDGE REPLACEMENT - STATUS
UPDATE (5.10)   Report

 

That the report entitled “18^th Avenue Bridge Replacement - Status Update” be received;

 

And that the Operations and Asset Management Department be authorized to proceed with construction of the 18^th Avenue Bridge Replacement Project in 2005;

 

And that Totten Sims Hubicki Associates be retained for finalizing detail design, preparation of tender documents and provision of contract administration at an estimated amount of $41,500 plus GST and the tendering process be waived in accordance with Purchasing By-Law 2004-431, Section II-7(1c);

 

And that this project be funded from the 2002 Capital Budget, Account No. 65-5350-4872-005 and from the 2005 Capital Budget, Account No. 58-6150-6581-005.

 

 

(13)      OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF GENERAL COMMITTEE MEETING
             - JANUARY 14, 2005 (16.0)  

 

That the General Committee minutes dated January 14, 2005 be received.

 

CARRIED

 

6(b)      REPORT NO. 7 - DEVELOPMENT SERVICES COMMITTEE

 

Council consented to separate Clause (2).

 

Moved by Councillor G. McKelvey

Seconded by Councillor A. Chiu

 

That Report No. 7 - Development Services Committee be received and adopted.

 

January 15, 2005

 

(1)        PROPOSED PUBLIC ART IMPLEMENTATION
             PROGRAMME FOR 2005 (6.5, 12.1)   Report

 

That the report to Development Service Committee dated February 15, 2005 entitled “Proposed Public Art Implementation Programme for 2005” be received;

 

And that, in accordance with the Town of Markham’s Public Art Policy Framework, 2003, a consultant be retained to develop a “Municipal Public Art Plan” in conjunction with relevant departments and the Markham Public Art Advisory Committee, and that funding to a maximum of $25,000 be provided from Planning and Urban Design’s Capital Account #56-5350-5293-005, “Town Wide Public Art”;

 

And that, a consultant/curator be retained to work with staff and the Markham Public Art Advisory Committee to undertake an invited “Environmental Art Event” in conjunction with the Town’s 2005 Communities in Bloom Program, and that funding to a maximum of $20,000 be provided from Planning and Urban Design’s Capital Account #56-5350-5293-005, “Town Wide Public Art” for all costs associated with administering and implementing the “Environmental Art Event”;

 

And further that, staff provide regular updates to Development Services Committee on the status of the municipal art plan and on the environmental art event.

 

 

(2)        SERVICING ALLOCATION (5.0)  Report

 

That the correspondence from Joanne Barnett on behalf of Brawley Manor Corporation, and from Ira Kagan representing Times Group, both in support of the allocations, be received;

 

And that the deputation by Nik Mracic, representing Metrus Development, be received;

 

And that the February 15, 2005 report entitled “Servicing Allocation,” be received;

 

And that York Region be requested to approve Markham’s proposed flow control option, as outlined in this report, at their March 2, 2005, Regional Transportation and Works Committee Meeting;

 

And that, Markham Council assign servicing allocation for 4732 residential units as noted in Attachment ‘C’ to the original Council minutes in the office of the Clerk, upon Regional Council approval of the additional allocation to Markham;

 

And that Attachment ‘B’ be amended to indicate the Angus Glen allocation, contingent on construction of the bridge and collector road to the satisfaction of the Town, to be determined at the time of draft plan approval;

 

And that the principles for servicing allocation policies related to low/medium and high density residential development, as outlined in this report, be endorsed in principle with recommended policies to be presented to Markham Council for adoption once York Region has confirmed the amount and timing of future servicing allocation;

 

And that the principles for a “Use it or Lose it” policy, as outlined in this report, be endorsed;

 

And that staff report back to Development Services Committee when the next round of servicing allocation is available from the Region for assignment by Markham Council;

And that staff report back to Development Services Committee on the number of houses in Box Grove, Cachet, and Jennings Gate communities that have not converted from wells within 12 months;

 

And that the Region be requested to exempt severance applications (3 new lots or less) from servicing allocation restrictions;

 

And that this report and its recommendations be forwarded to Bryan Tuckey, Commissioner of Planning and Development Services and Kees Schipper, Commissioner of Transportation and Works, at the Region of York;

 

And that the cost to implement, monitor and maintain the flow control option be assessed to the benefiting 4099 residential units;

 

And that the Director of Engineering be authorized to sole source a consultant and contractor for the installation, monitoring and maintenance of the flow control option;

 

And further that the Engineering Department’s 2005 Capital Budget be revised to include the flow control project at a cost of $300,000 to be funded by the pre DCA Engineering Reserve and subsequently recovered from the development industry.

 

CARRIED AS AMENDED

(See following motion to amend)

 

            Moved by Councillor G. McKelvey

            Seconded by Councillor A. Chiu

 

            That Clause (2), Report No. 7 be amended as follows:

 

            Paragraph 5

            - delete the words "…Appendix 'B'…" and replace them with "…Appendix 'C'…".

 

            Paragraph 6

            - delete the word "…grant…" and replace it with "…indicate…".

 

CARRIED

 

 

(3)        BAYVIEW COUNTRY CLUB, 25 FAIRWAY HEIGHTS DRIVE
            ZONING BY-LAW AMENDMENT TO PERMIT CONSTRUCTION
            OF MAINTENANCE FACILITY (ZA 04 027819) (10.5)   

 

That the report from Development Services Commission dated January 11, 2005, entitled “Preliminary Report: Application for Zoning By-law Amendment to permit the construction of a maintenance facility” be received;

 

And that the Record of the Public Meeting held on February 15, 2005, with respect to the proposed amendment to By-law 304-87, as amended, and By-law 1767, as amended, be received;

 

And that the application by Bayview Country Club to amend By-law 304-87 as amended and By-law 1767, as amended, be approved;

 

And that the proposed amendment to By-law 304-87, as amended and By-law 1767, as amended, be enacted without further notice.

 

 

(4)        STEPANOVA BALLET ACADEMY INC., ROWBRY HOLDINGS LTD.
            83 - 85 GLEN CAMERON ROAD, ZONING BY-LAW AMENDMENT
            TO PERMIT A COMMERCIAL USE (ZA 04 022520) (10.5) 

 

That the report from Development Services Commission dated November 9, 2004, entitled “Preliminary Report – 83-85 Glen Cameron Road, Stepanova Ballet Academy Inc.: Application for Zoning By-law Amendment to permit a commercial school in the existing building” be received;

 

And that the Record of the Public Meeting held on February 15, 2005, with respect to the proposed amendment to By-law 2237, as amended, be received;

 

And that the application by Stepanova Ballet Academy Inc. to amend By-law 2237, as amended, be approved;

 

And that the proposed amendment to By-law 2237, as amended, be enacted without further notice, once staff are satisfied with parking provisions.

 

 

(5)        OTHER COMMITTEE PROCEEDINGS
            - MINUTES OF DEVELOPMENT SERVICES
            COMMITTEE MEETING – JANUARY 15, 2005 (16.0) 

 

That the Development Services Committee minutes dated January 15, 2005 be received.

 

CARRIED

 

 

 

7.         MOTIONS

 

Council consented to add Motion (1).

 

(1)        PARKING CONTROL BY-LAW AMENDMENT
            ANGUS GLEN SUBDIVISION (2.17)   Report  Presentation

 

That the presentation by the Manager, By-law Enforcement and Licensing, on the process followed for the proposed Angus glen subdivision parking by-law amendment, the details of the proposed amendment and next steps, be received;

 

And that the deputations by the following persons, be received:

 

               Meg Stokes, in support of no charge on-street parking in all circumstances and not in support of the proposed by-law amendment for parking in the Angus Glen Subdivision.

 

               Phu-My Nguyen, in support of the option to park cars on the street and not in support of the proposed By-law amendment for parking in the Angus Glen Subdivision.

 

               Richard Ballard, Chair, Angus Glen Parking Subcommittee, in support of the proposed by-law amendment for parking in the Angus Glen Subdivision

 

               Randal Dickie, opposed to the proposed By-law amendment for parking in the Angus Glen Subdivision as it leads to his concerns regarding the occasional parking of boat and landscape trailers.

 

CARRIED

(2/3rd vote to consider was required and obtained)

 

8.         COMMUNICATIONS

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That Council receive and consent to the disposition of communications in the following manner:

 

Received

24-2005           Town of Richmond Hill - Forwarding a resolution with respect to pooling costs in the Greater Toronto Area and requesting support with respect thereto. (13.5.2)

 

 

Referred to all Members of Council

25-2005           Liquor Licence Application - Request to complete the Alcohol and Gaming Commission Municipal Information Form for Duchess of Markham, 53 Main Street North Markham (outdoor). (3.21)

 

 

Referred to Commissioner of Development Services & Town Solicitor

26-2005           Ontario Municipal Board - Adjourning the hearing to March 22 and 23, 2005 for the appeal submitted by Ruskinvale Developments Ltd. regarding the proposed Site Plan application at 337 John Street. (13.13)

 

27-2005           Ontario Municipal Board - Appointing Monday, February 28, 2005, at 10:30 a.m. for the commencement of the settlement hearing regarding the appeal submitted by Memorial Gardens (Ontario) Limited and Speros and Bessie Zaharopoulos.  The appeal is regarding a decision of the Regional Municipality of York to approve Proposed Amendment No. 31 to the Official Plan for the Regional Municipality of York. (13.13)

 

28-2005           Ontario Municipal Board - Denying the appeals submitted by the Golden Griddle Corporation, Direct Marketing Centre Inc. and AJD Data Services regarding By-law 2004-202 (Seneca College of Applied Arts and Technology, 10 Allstate Parkway - To permit a Community College). (13.13 & 10.5)

 

CARRIED

 

9.         PROCLAMATION

 

Council consented to add the proclamation of Youth Science Month.

 

(1)        PROCLAMATIONS (3.4)

 

Moved by Councillor A. Chiu

Seconded by Regional Councillor J. Heath

 

That the following be proclaimed in the Town of Markham:

- Kidney Month - March 2005

- Red Cross Month - March 2005;

- Youth Science Month – March 2005.

 

And that the Corporate Communications Department be requested to publish the proclamations of the 'Kidney Month' and 'Red Cross Month' in the Markham Economist and Sun;

 

And that the Kidney Foundation flag be raised on the Town of Markham Civic Centre flagpole for the duration of Kidney Month;

 

And that the Red Cross flag be raised on the Town of Markham Civic Centre flagpole and at the Markham Fire Halls for the duration of Red Cross Month.

 

CARRIED

 

 

 

10.       BY-LAWS

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That By-laws 2005-22 to 2005-40 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2005-22      A by-law to authorize the civil marriage solemnization service in the Town of Markham.
(Clause 2, Report No.6, 2005)

 

BY-LAW 2005-23      A by-law to amend Parking By-law 336-88 (To provide permit parking within the Angus Glen Subdivision).
(Clause 3, Report No. 6, 2005)

 

BY-LAW 2005-24      A by-law to provide for load restriction limiting loads to 5 tonnes per axle on all public highways in the Town of Markham from March 1, 2005 to April 30, 2005.
(Clause 11, Report No. 6, 2005)

 

BY-LAW 2005-25      A by-law to provide year-round load restriction limiting loads to 5 tonnes per axle on all Town's rural roads from March 1, 2005 to February 28, 2006.
(Clause 11, Report No. 6, 2005)

 

BY-LAW 2005-26      A by-law to adopt Official Plan Amendment No. 128 (Araya Investment Corp., 111 Times Avenue, The Galleria Shops - To permit a neighbour plaza).
(Clause 2, Report No. 5, 2005)

 

BY-LAW 2005-27      A by-law to amend Urban Expansion Area Zoning By-law 177-96, as amended (Araya Investment Corp., 111 Times Avenue, The Galleria Shops - To permit a neighbour plaza).
(Clause 2, Report No. 5, 2005)

 

BY-LAW 2005-28      A by-law to adopted Official Plan Amendment No. 129 (Read-Eastern Capital, Dovcom Realty Inc. and Danvest Wismer Investments Ltd. (Sunoco), southeast corner of Major Mackenzie Drive and McCowan Road - To permit a gas bar, car wash and future commercial plaza).
(Clause 1, Report No. 5, 2005)

 

BY-LAW 2005-29      A by-law to amend Zoning By-law 304-87, as amended (Read-Eastern Capital, Dovcom Realty Inc. and Danvest Wismer Investments Ltd. (Sunoco), southeast corner of Major Mackenzie Drive and McCowan Road - To delete the subject lands from Zoning By-law 304-87, as amended, so that it may be incorporation into By-law 177-96, as amended, to permit a gas bar and car wash facility).
(Clause 1, Report No. 5, 2005)

 

BY-LAW 2005-30      A by-law to amend Zoning By-law 177-96, as amended (Read-Eastern Capital, Dovcom Realty Inc. and Danvest Wismer Investments Ltd. (Sunoco), southeast corner of Major Mackenzie Drive and McCowan Road - To permit a gas bar and car wash facility).
(Clause 1, Report No. 5, 2005)

 

BY-LAW 2005-31      A by-law to adopted Official Plan Amendment No. 130 (Woodbine Montessori School, 9921 Woodbine Avenue - To permit a private school and day nursery).
(Clause 16, Report No. 67, 2004)

 

BY-LAW 2005-32      A by-law to amend Zoning By-law 304-87, as amended (Woodbine Montessori School, 9921 Woodbine Avenue - To permit a private school and day nursery).
(Clause 16, Report No. 67, 2004)

 

BY-LAW 2005-33      A by-law to adopted Official Plan Amendment No. 131 (1038715 Ontario Ltd., 9302 Kennedy Road - To permit the construction of a building for the Unionville Montessori School).
(Clause 5, Report No. 50, 2004)

 

BY-LAW 2005-34      A by-law to amend Zoning By-law 304-87, as amended (1038715 Ontario Ltd., 9302 Kennedy Road - To delete the subject lands from Zoning By-law 304-87, as amended, so that it may be incorporation into By-law 177-96, as amended, to permit the construction of a building for the Unionville Montessori School).
(Clause 5, Report No. 50, 2004)

 

BY-LAW 2005-35      A by-law to amend Zoning By-law 177-96, as amended (1038715 Ontario Ltd., 9302 Kennedy Road - To permit the construction of a building for the Unionville Montessori School).
(Clause 5, Report No. 50, 2004)

 

BY-LAW 2005-36      A by-law to amend Zoning By-law 177-96, as amended (Tri-lag Corporation, 10, 20 and 50 Bur Oak Avenue, Part of Lot 18, Concession 6 - To remove the (H) Hold provision).

 

BY-LAW 2005-37      A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Chiavatti Developments Ltd., Part of Block 128, Plan 65M-2520, designated as Parts 1, 3, 5 and 6, Plan 65R-27216 and Part of Lot 10, Concession 2, designated as Parts 2 and 4, Plan 65R-27216, north and south sides of Prince William Drive, east of Swansea Road).

 

BY-LAW 2005-38      A by-law to amend By-law 2002-178, a by-law to appoint Municipal Law Enforcement Officers (To revise Schedule "B").

 

BY-LAW 2005-39      A by-law to appoint a Town of Markham Representative to the Region of York Joint Board to administer Provincial Offences Court (Commissioner of Corporate Services (A. Taylor), Representative and Town Clerk (S. Birrell), Alternate Representative) (Repeals By-law 2004-83).

 

BY-LAW 2005-40      A by-law to confirm the proceedings of the Council meeting of February 22, 2005.
(Council Meeting No. 4, 2005)

 

CARRIED

 

11.       ADJOURNMENT

 

Moved by Councillor A. Chiu

Seconded by Councillor G. McKelvey

 

That the meeting do adjourn.

CARRIED

 

 

Council adjourned at 8:00 p.m.

 

 

 

 

 

 

___________________________________        ___________________________

SHEILA BIRRELL, TOWN CLERK                    DON COUSENS, MAYOR

(Signed)