2005-02-08
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting
No. 3
(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 G. McKelvey, Councillor J. Webster,
Councillor D. Horchik, Councillor A. Chiu. (11)
Regrets
Councillor J.
Virgilio, Councillor K. Usman. (2)
Moved by Councillor
A. Chiu
Seconded by Councillor
D. Horchik
That Council
resolve itself into the Committee of the Whole to discuss the following:
(1) 2005 Operating, Capital & Waterworks
Budgets (7.4 & 7.5)
(2) 2005 Advisory Committee/Board
Appointments (16.24)
(3) David Suzuki Foundation Nature Challenge
(12.2.6)
(4) Licensing Hearing - “Merry Spa”, 2800
John Street, Unit 7A, Markham (2.0)
(5) Markham District Energy
Inc. Provincial RFP (13.7)
(6) Highway
7 Corridor Stormwater Management Facilities, Class Environmental Assessment
& Property Acquisition (5.3, 8.6)
(7) Land Acquisition, ORC Lands Kennedy Road And Highway 407 (8.6)
CARRIED
The Regular
Meeting of Council was held on February 8, 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 G. McKelvey, Councillor J. Webster, Councillor
D. Horchik, Councillor A. Chiu. (11)
Regrets
Councillor J.
Virgilio, Councillor K. Usman. (2)
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
J. Kee,
Committee Clerk
J. Olsen,
Councillor's Assistant
J. Carnegie,
Director, Corporate Communication
D. McClean, Fire
Chief
W. Snowball,
Deputy Fire Chief
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) 2005
OPERATING, CAPITAL AND
WATERWORKS BUDGETS (7.4 &
7.5)
That the report dated February 8, 2005 entitled, “2005 Operating, Capital, and Waterworks Budgets” be received;
And that Council approve the 2005 Operating
Budget for Town services which totals
$137,354,323, (excluding prior years surplus) the principle components of which
are detailed on Appendix 1 attached to the original Council Minutes in the
Clerk’s Office;
And that gross operating expenditures of
$137,354,323, (excluding prior years surplus transfers to reserves) be funded
from the following sources:
|
|
$
|
|
Taxation
Revenues
|
86,232,870
|
|
Grant &
Subsidy Revenues
|
863,081
|
|
General
Revenues (Interest, Fines, Permits)
|
25,644,110
|
|
User Fees
& Service Charges (User Fees, Rentals, Sales)
|
18,791,139
|
|
Other
Income/Recoveries
|
5,823,123
|
|
Total
|
137,354,323
|
And that Council approve the 2005 Capital
Budget that totals $75,884,688, the funding details of which are listed in
Appendix 2 attached to the original Council Minutes in the Clerk’s Office;
And that
Council approve the Waterworks Budget that totals $44,220,802, (excluding prior
years surplus transfers to reserves) the principle components of which are
detailed on Appendix 3 attached to the original Council Minutes in the Clerk’s
Office;
And that upon
finalization of the 2004 audited financial statements, the 2005 Operating and
Waterworks budgets be adjusted to reflect the 2004 operating results;
And further
that a copy of the budgets be made available to the public through the Clerk’s
Department and each of the Markham Public Libraries.
CARRIED
(See following recorded vote) (Unanimous)
YEAS Deputy Mayor F. Scarpitti,
Regional Councillor J. Heath, Regional Councillor J. Jones, Regional Councillor
B. O’Donnell, Councillor S. Daurio, Councillor E. Shapero, Councillor G.
McKelvey, Councillor J. Webster, Councillor D. Horchik, Councillor A. Chiu,
Mayor D. Cousens. (11)
ABSENT Councillor J. Virgilio, Councillor K.
Usman (2)
(2) 2005
ADVISORY COMMITTEE/BOARD
APPOINTMENTS (16.24)
Accessibility
Committee
That the
resignation of Sharon Prasow from the Accessibility Committee be accepted with
regret and a letter of appreciation forwarded;
Box Grove
Community Centre Board
That the
following persons be appointed to the Box Grove Community Centre for a term
from January 1, 2005 to December 31, 2005:
Tom Farrar, Chair
Frank Orovits, Vice-Chair
Lorraine Crivaro, Secretary
Dan McCombe, Treasurer
Rina Abbott
Nick Agostino
Barb Beauchamp
Stan Buell
Murray Cresswell
Karen Feddersen
Bodo Maslabey
Bob Watt
Heritage Markham
That the
following persons be appointed to Heritage Markham for a term to expire
November 30, 2007:
Mr. Amar Banerjee, Unionville Representative
Ms. Judy Dawson-Ryan, Thornhill
Representative;
Rouge Park
Alliance
That
Councillor John Webster be appointed to the Rouge Park Alliance as Second Alternate.
(3) DAVID SUZUKI FOUNDATION NATURE CHALLENGE
(12.2.6)
That
the Town of Markham, Town Council, enter the David Suzuki Foundation Nature
Challenge;
And
that all Members of Council participate’
And
that an invitation to participate be extended to the Citizens of the Town of Markham;
And
that this issue be referred to staff for development and implementation;
And
that the David Suzuki Foundation be so advised.
(4) LICENSING
HEARING
“MERRY SPA”
2800 JOHN STREET, UNIT 7A,
MARKHAM (2.0)
1. That a
licence to own and operate a Body Rub Parlour known as “Merry Spa”, at 2800 John Street, Unit 7, Markham,
Ontario, be revoked pursuant to By-law 2002-292, A By-law Respecting the Licensing and Inspecting of
Body-rub Parlours and Attendants and Complementary Health Care Service
Providers and Attendants.
2. And that pursuant to section 25(1) of the Statutory Powers
Procedure Act, this decision not be stayed by any appeal of this decision that
may be instituted in the courts.
(5) MARKHAM
DISTRICT ENERGY INC
PROVINCIAL RFP (13.7)
That the
presentation of Mr. John Livey, Chief Administrative Officer, and Mr. Bruce Ander, President,
Markham District Energy Inc., regarding the Provincial Request for Proposal, be
received.
(6) HIGHWAY
7 CORRIDOR STORMWATER MANAGEMENT
FACILITIES, CLASS
ENVIRONMENTAL ASSESSMENT
AND PROPERTY ACQUISITION (5.3,
8.6)
That the
report entitled “Highway 7 Corridor Stormwater Management Facilities, Class
Environmental Assessment,” dated January 25, 2005, be received;
And that the
preferred alternative for the stormwater management facilities to service the
Highway 7 Corridor as detailed in the Environmental Study Report be endorsed;
And that Engineering Department
staff be authorized to file the Environmental Study Report for the 30 day public
review commencing February 15th, 2005;
(7) LAND
ACQUISITION, ORC LANDS
KENNEDY ROAD AND HIGHWAY 407 (8.6)
That a by-law
be enacted to authorize the Mayor and Clerk to execute an Agreement of Purchase
and Sale and all related documents for the acquisition of approximately 10.35
acres of land situated at the northwest corner of Kennedy Road and Highway 407
from Ontario Realty Corporation.
(By-law
2005-21)
Moved by Councillor A. Chiu
Seconded by Regional Councillor B. O’Donnell
That the
Report of the Committee of the Whole, be adopted, approved and confirmed.
CARRIED
3. MINUTES
(1) COUNCIL
MINUTES
- JANUARY 18, 2005
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That the
Minutes of the Council Meeting held on January 18, 2005, be adopted.
CARRIED
4. PRESENTATIONS
Council
consented to add Presentations (5).
(1) PROVINCIAL
COMMUNITIES IN ACTION FUND (12.2.6 & 7.6)
Mr. Tony Wong,
MPP, Markham, was in attendance and gave details of the Province of Ontario’s “Communities
in Action Fund”. He advised that the
purpose of the Fund is to enhance opportunities for physical activity and
community sport and recreation, and help Ontarians realize the benefits of an
active lifestyle. Members were advised
that the Town of Markham will receive $86,560 from the Province to develop an active living
strategy in Markham over the next five years.
(2) CANADA
TRADE MISSION TO CHINA (12.2.6)
Mr. Tony Wong,
MPP, Markham, was in attendance and commented on the very successful Canadian
Government Trade Mission to China. Deputy Mayor Frank Scarpitti, who had also
been part of the delegation in January, provided additional remarks regarding the
development of further commercial ties with China.
(3) HOLIDAY
LIGHTEN-UP CONTEST
WINNERS (12.2.6)
Councillor S.
Daurio presented a short video of 4 Rosea Court’s
holiday light display, and Councillor J. Webster gave a presentation relating
to the Ward 5 homeowners. Awards to the
winners of the Markham Holiday Lighten-up Contest were presented to those in
attendance, as follows:
Best
Lit Houses
It was announced that the
best-lit households will receive a one-year family membership to the Varley Art Gallery and Markham Museum.
|
WARD
|
ADDRESS
|
HOUSEHOLD
|
|
1
|
4 Rosea Court, Thornhill
|
Lindsay
|
|
1
|
46 Stornoway Cres.,
Thornhill
|
Sebastyan
|
|
1
|
26 Woodward Ave.,
Thornhill
|
Di Liddo
|
|
1
|
54 Highland Park,
Thornhill
|
Forrester
|
|
1
|
155 Royal Orchard Blvd.,
Thornhill
|
Stefanik/Welsh
|
|
1
|
168 Royal Orchard Blvd.,
Thornhill
|
Curran
|
|
2
|
3 Cottonwood Crt., Thornhill
|
Iskandar
|
|
2
|
166 Simonston Blvd.,
Thornhill
|
Florencia
|
|
2
|
21 Bucks Green Rd.,
Thornhill
|
Kercheff
|
|
2
|
68 Kings College Rd.,
Thornhill
|
Hansen
|
|
2
|
62 Pond Dr., Thornhill.
|
Yee
|
|
4
|
2 Bakerdale Rd. Markham
|
Jennings
|
|
5
|
168 Church St., Markham
|
Calleri
|
|
5
|
38 Joseph St., Markham
|
Saliba
|
|
5
|
161 Church St., Markham
|
Nantais
|
|
5
|
8 Serviceberry Rd., Markham
|
Saunders
|
|
5
|
101 Rouge Bank Dr.,
Markham
|
Todorovski
|
|
6
|
1 Glenridge Dr., Markham
|
Scrymgeour
|
|
6
|
7 Walnut Glen Place
|
Nimens
|
Best
Lit Street
It was announced that a
representative of the street will receive a permanent ‘Communities in Bloom”
street sign to be erected.
|
Ward
|
Street
|
Street Representative
|
|
1
|
Shady Lane Cres, Thornhill
|
The Liver Family
|
|
2
|
Holm Cres, Thornhill
|
The Holmes Family
|
|
5
|
Daniel Court, Markham
|
Mrs. Debbie Park &
Mrs. Trish Gregory
|
Thanks and appreciation was
expressed to the many Councillors, staff and community groups that were
involved in the great success of the Contest.
(4) 2004
HERITAGE COMMUNITY RECOGNITION
PROGRAM (12.2.6)
Ms. Kiloran German, Board
Member of the Ontario Heritage Foundation, was in attendance and explained the
purpose of the Foundation’s Heritage Community Recognition Program. She advised that municipalities are requested
to nominate individuals in their communities who have made a significant
contribution to the promotion, preservation or protection of Ontario’s
heritage, and those selected receive a certificate of recognition and pin
honouring their service.
Presentations were made to
the following residents of the Town of Markham:
William Wylie -
Lifetime Achievement Award
Elizabeth Plashkes - Built Heritage Category
Gwyneth Wojna - Cultural Heritage
Mavis & Raymond
Smylie - Heritage Gardens Category
Valerie Burke - Natural Heritage
Category
Ms. German also made a
presentation to the Mayor and Council in recognition of the Town’s dedication
to the past and to the future.
(5) MUNICIPAL
FINANCE OFFICERS’ ASSOCIATION OF
ONTARIO (MFOA) - AWARD
FOR BUDGET EXCELLENCE (7.0 & 12.2.6)
Budget
Staff was congratulated on winning, once again, the prestigious Government
Finance Officers’ Association award for Budget Excellence in 2004 which is
presented by the Municipal Finance Officers’ Association of Ontario (MFOA).
5. DELEGATIONS
Council
consented to add Delegations (1).
(1) Sam
Orrico, regarding the 2005 Budget, expressing concerns relating to salary
increases. (7.4 & 7.5)
6. PETITIONS
Council
consented to add 15 additional signatures.
(1) TRAFFIC ISSUES ON ELGIN STREET (5.12)
Petitions
signed by 29 residents from the area of Elgin Street regarding traffic issues as
follows:
"It is my right as a citizen of Markham
to file the following petition:
Drivers are using Elgin Street as a shortcut
from Bayview Ave. to Yonge St. and avoiding the traffic on John Street, because
of its many Stop signs and slow 40 km/h traffic.
Some of these drivers are careless and are
making it dangerous for the people living on Elgin Street for the following
reasons:
·
children can not
walk safely on Elgin Street
·
joggers and
casual walkers can not safely use Elgin Street
·
backing out of
your driveway is difficult and dangerous
·
speed limit 40
km/h is not being obeyed
·
average speed
driven is 60 km/h+.
I am writing to petition the following to be
implemented by on Elgin Street (between Dudley Avenue & Johnston Street)
ASAP:
·
Road Bumps (as
high as Arnold Street's road bumps otherwise motorist will not slow down and
instead use the low bumps as a fun ride and in fact increase their speed to get
more elevation)
·
Construction of 2
Stop signs on Eglin Street
·
Police surveillance
& enforcing the 40 km/h speed zone on Elgin Street.
I would very much appreciate a written reply
and please attend to this matter as soon as possible as the Safety and serenity
of our beloved Elgin Street and its occupants is at stake."
(See
Communication Nos. 19 to 23)
RECEIVED AND REFERRED
TO COMMISSIONER OF DEVELOPMENT SERVICES
AND YORK REGIONAL POLICE
7(a) REPORT NO. 4 - GENERAL COMMITTEE
Council
consented to separate Clauses (2), (9) (10) and (13).
Moved by
Councillor G. McKelvey
Seconded by
Councillor A. Chiu
That Report
No. 4 - General Committee be received and adopted.
January 24, 2005
(1) PURCHASE OF ONE (1) PUMPER FIRE
APPARATUS (7.15) Report
That
Council authorizes the Fire Chief and the Manager of Purchasing to enter into a
sales agreement with Safetek Emergency Vehicles, as the Canadian sales
distributor for Smeal Fire Apparatus Co. (Inc.), Nebraska U.S.A., for the
purchase of one (1) - Pumper Fire Apparatus for an amount not to exceed
$600,000 inclusive of import fees;
And
that the funding for the pumper fire apparatus purchase be up-fronted from the
Life Cycle Replacement Reserve, account 86-2700-200;
And
further that tax based funding be pre-approved and included in the 2006 capital
budget to replenish the Life Cycle Replacement Reserve.
CARRIED
(2) IDLE-FREE ZONE AT CIVIC CENTRE AND
FUNDING
REQUIREMENTS FOR ANTI-IDLING
CAMPAIGN (5.7) Presentation Report
That the presentation of Mr. Jean-Pierre
Bombardier and Mr. Justin Tse, Anti-Idling Technicians, regarding the Town of
Markham’s Idle-Free Campaign 2005, be received;
And
that the staff report entitled “Idle-Free Zone at Civic Centre and Funding
Requirements for Anti-Idling Campaign”, dated January 24, 2005, be received;
And
that Council authorize designation of the Markham Civic Centre as an idle-free
zone and that the following be undertaken, as described in this report:
- a letter announcing the Idle-Free Zone
and encouraging employees not to idle their vehicles be sent from the
Mayor and Chairman of the Environmental Issues Committee;
- five permanent metal signs be placed in
front of the Civic Centre;
- Markham Idle-Free key-tags and Idle-Free
windshield decals be distributed to staff on the idle-free day; and
- A 20 minute lunch hour presentation by
Natural Resource Canada officers and experts be arranged on idle-free municipal
initiatives.
And
that Town of Markham Idle-Free brochures be printed for distribution at
libraries, GO Train stations and other locations within the Town of Markham as
part of the Idle-Free Campaign;
And
that the cost of these initiatives in the amount of $2500, be funded from the
reserve account 086-2700083 (Clean Air Initiatives);
And
further that the Markham Theatre also be included in the idle-free zone;
And
further that all Community Centres and Libraries also be included as Idle Free
Zones.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Deputy Mayor F. Scarpitti
Seconded by Councillor E. Shapero
That Clause (2), Report No. 4 be amended to
add the following paragraph:
"And further that all Community Centres
and Libraries also be included as Idle Free Zones."
CARRIED
(3) FINANCIAL INCENTIVES FOR AFFORDABLE
HOUSING
REQUEST TO THE REGION OF YORK
FOR CHANGES
TO THE REGIONAL DEVELOPMENT
CHARGES BY-LAW
DEFINITION FOR AN APARTMENT
DWELLING (7.11 & 10.7) Report
That
the staff report entitled “Financial Incentives for Affordable Housing – Request
to the Region of York for Changes to the Regional Development Charges By-law
Definition for an Apartment Dwelling” be received;
And
that Council request the Region of York to introduce a development charge
by-law definition for plexes and stacked and garden apartments, to charge such
units at the same rate as apartment units, consistent with Markham’s
definition, to demonstrate support for increasing the supply of rental and
affordable housing in Markham and the Region overall;
And
accordingly that Council request the Region of York to initiate changes to the
Regional Development Charges By-law definition of “apartment dwellings” to
include:
-
a dwelling unit
in a duplex, triplex or fourplex;
-
a residential
building, other than a hotel, containing more than four dwelling units
where
the residential units are connected by an interior corridor; and
-
a residential
building, other than a hotel, with a minimum of sixty units per net hectare and
a minimum floor space index of 0.75;
And
further that the Clerk be requested to forward a copy of this report to the
Region of York.
(4) REPORT ON DEVELOPING THE ANTI-IDLING
BY-LAW
WITH THE GREATER TORONTO AREA
CLEAN AIR PARTNERSHIP (5.7) Report
That
the staff report entitled “Report on Developing Anti-Idling By-law Development
with the Clean Air Partnership” dated January 10, 2005, be received;
And
that the Greater Toronto Area Clean Air Partnership be requested to select the
Town of Markham for participation in their Idle-Free Program 2005-2006;
And
that staff be directed to bring forward an anti-idling by-law and
implementation plan to Council for adoption no later than spring 2005;
And
that the two anti-idling technician’s positions be extended for an additional
three (3) months to assist with the delivery of this program and completion of
other anti-idling initiatives that are currently underway, at a cost of $8,000;
And
that an upset limit of $2,500 be set for promotional materials;
And
that the funding for promotion and salaries be funded from the reserve account
086-2700083 (Clean Air Initiatives).
(5) PURCHASE OF SPONSORSHIPS – YEE HONG DRAGON
BALL – SATURDAY, FEBRUARY 5,
2005 (12.2.6) Report
That Council
be polled and tickets be purchased for those wishing to attend the Yee Hong
Dragon Ball on Saturday, February 5, 2005 at
the Metro Toronto Convention Centre.
Tickets are $400.00 each and will be purchased as required not to exceed
$3000.00. Charges to account 840
8415840.
A silent
auction item will be provided on behalf of Council.
(6) PURCHASE OF SPONSORSHIPS – WINTER FROLIC
2005 - EVERGREEN HOSPICE GALA
– FRIDAY,
FEBRUARY 18, 2005
(12.2.6) Report
That
Council be polled and tickets to be purchased for those wishing to attend the
Evergreen Hospice Gala “Winter Frolic 2005” on Friday, February 18, 2005 at Angus
Glen Golf Club. Tickets are $140.00 each
and will be purchased as required not to exceed the Town’s maximum
contribution. Charges to account 840
8415840.
(7) PURCHASE OF SPONSORSHIPS – MIDNIGHT AT
THE OASIS
MARKHAM STOUFFVILLE HOSPITAL
GALA
FRIDAY, APRIL 1, 2005
(12.2.6) Report
That
Council purchase a Corporate Table of 10 for the Markham Stouffville Hospital
Gala “Midnight at the Oasis” on Friday, April 1, 2005 at Le Parc. Charges of $3,500 to account 840 8415840.
(8) PURCHASE OF SPONSORSHIPS – 8TH
ANNUAL LEGACY
5 KM RUN OR WALK – SUNDAY, APRIL 24, 2005 (12.2.6) Report
That Council
sponsor the Legacy Run in the amount of $500.
Charge $500 to account 840 8415840.
CARRIED
(9) 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
four members of Council, excluding 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;
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;
And also that if conferences are held where
overnight travel is not required, all Members of Council would be able to
attend.
DEFERRED
(See following motion to defer)
Moved by Regional Councillor J. Heath
Seconded by Deputy Mayor F. Scarpitti
That Clause (9), Report No. 4 be deferred.
CARRIED
(10) REGIONAL ROAD ASSUMPTION
CRITERIA (5.10) Report
That the criteria for assumption of roads by the Region of York be
endorsed by Council;
And that, in the event a road is transferred to the Region, the Region
and the Town develop an agreement to establish and maintain the appropriate
streetscape and urban design standards to reflect the Town’s objectives;
And that the transfer of any Regional roads to the local municipality
will be subject to appropriate consultation with local staff and approval by
local council;
And that Kees Schipper, Region of York Commissioner of Transportation
and Works be advised accordingly.
And that, following completion of the York
Region Streetscape Study, staff schedule a workshop to address the service and
community issues associated with Regional roads and their integration into the
Town of Markham, such as road
signage.
WITHDRAWN
(See following motion to withdraw)
Moved by
Councillor D. Horchik
Seconded by
Councillor A. Chiu
That Clause (10),
Report No. 4 be withdrawn.
CARRIED
(11) TRANSPORTATION MANAGEMENT
ASSOCIATION CONSOLIDATION (5.12) Report 1 2
That
the Markham Centre and 404/7 Transportation Management Association initiatives
be consolidated as one Transportation Management Association;
And
that a separate and stand alone Transportation Management Association be reconsidered
in the future as the Markham Centre development matures;
And
that staff report back to Committee to seek Council approval for the
organizational and governance structure and business plan of the soon to be
incorporated Transportation Management Association.
(12) REGION OF YORK 2005 AND
10 YEAR
CAPITAL ROAD PROGRAM (5.10,
13.4.3) Report 1
That
the staff report entitled “Region of York – 2005 and 10 Year Capital Road
Program” dated January 24, 2005 be received;
And
that the Region of York be requested to incorporate into their 2006 and 10 Year
Capital Road Programs, Markham’s requirements as noted in Attachment “A”
(attached to the original Council minutes kept on file in the Clerk’s Office);
And
that Mr. Keith Bray, Markham Board of Trade, Ms. A. Yip, Scarborough/York
Chinese Business Association, and Mr. K. Schipper, Commissioner of Works,
Region of York, be advised accordingly.
(13) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF GENERAL COMMITTEE
MEETING
- JANUARY 24, 2005 (16.0)
CARRIED
7(b) REPORT NO. 5 - DEVELOPMENT SERVICES
COMMITTEE
Council consented to separate Clause (1), (2)
and (3).
Moved by Councillor G. McKelvey
Seconded by Councillor A. Chiu
That Report No. 5 - Development Services
Committee be received and adopted.
January 25, 2005
(1) READ-EASTERN CAPITAL,
DOVCOM REALTY INC.
& DANVEST WISMER
INVESTMENTS LTD., SUNOCO GAS BAR
SOUTHEAST CORNER OF MAJOR
MACKENZIE DRIVE AND
MCCOWAN ROAD, WISMER COMMONS
COMMUNITY
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS TO
PERMIT A GAS BAR, A CAR WASH
AND A FUTURE NEIGHBOURHOOD
COMMERCIAL PLAZA (OP 04
025509, ZA 04 018923, SC 04 018004)
(10.3, 10.5, 10.6) Report
That the applications submitted by Read-Eastern Capital, Dovcom Realty Inc.
& Danvest Wismer Investments Ltd. for Official Plan and Zoning By-law amendments (OP 04 025509, ZA 04 018923) to permit a gas bar, car wash, and
future commercial plaza at the southeast corner of Major Mackenzie Drive
and McCowan Road be approved
and the draft Zoning By-law and Official Plan Amendments be finalized and
enacted;
And that the Site Plan application (SC 04-018004) submitted by Read-Eastern Capital, Dovcom
Realty Inc. & Danvest Wismer Investments Ltd. to permit a gas bar and car wash at the southeast corner of Major Mackenzie
Drive and McCowan Road, be
approved subject to the following conditions:
1. That the final site plan and
elevation drawings be submitted to the satisfaction of the Commissioner of Development
Services, including:
a. any
revisions required to implement the recommendations of the required traffic
impact study and noise study;
b. directional
lighting from the gas station and car wash facility and muted
illumination
of signage to mitigate its impact on the existing residential
development,
and concealed light bulbs be used in the canopy;
2. That a Landscape Plan,
prepared by a Landscape Architect having O.A.L.A. membership, be submitted to
the satisfaction of the Commissioner of Development Services;
3. That the Owner comply with all
requirements of the Town and authorized public agencies, to the satisfaction of
the Commissioner of Development Services;
4.
And that the Owner enter into a site plan
agreement with the Town, containing all standard and special provisions and
requirements of the Town and public agencies;
5.
And further that
the site plan approval shall lapse after a period of three years commencing January
25, 2005 in the event a site plan agreement is not executed within that period;
6.
And that berming
along Major Mackenzie Drive and McCowan Road be the highest that is
appropriate.
CARRIED
(2) ARAYA
INVESTMENT CORP.
111 TIMES AVENUE, THE GALLERIA
SHOPS
OFFICIAL PLAN AND ZONING
BY-LAW AMENDMENTS AND
SITE PLAN APPROVAL FOR A NEIGHBOURHOOD PLAZA
(OP 00 246207, ZA 00 246212,
SC 00 246216) (10.3, 10.5, 10.6) Report
That the
report dated January 5, 2005 entitled “Araya Investment Corp 111 Times Avenue
- The Galleria Shops, Applications for
Official Plan and Zoning By-law Amendments and Site Plan approval to permit a
neighbourhood plaza (OP 00 246207; ZA 00 246212; SC 00 246216), be received;
And that the minutes of the public meeting
held October 19,
2004 regarding the above-noted applications be
received;
And that the applications by Araya Invstment
Corp for Official Plan and Zoning By-law Amendments and Site Plan approval to
permit a neighbourhood plaza be approved;
And that the draft Official Plan Amendment be
adopted;
And that the draft Zoning By-law Amendment be
finalized and then enacted;
And that that site plan application SC 00
246216 for the development of a neighbourhood plaza at 111 Times Avenue be
approved, subject to the following conditions:
- That the owner shall enter into a site
plan agreement with the Town of Markham containing all standard
provisions, and requirements of the Town and public agencies and including
the specific requirements identified in the staff report;
- That the site plan approval shall lapse
after a period of three years commencing January 25, 2005, in the event
that the site plan agreement is not executed within that period;
- That prior to final approval of the site
plan, the Owner shall:
a)
address the
proposed revisions to the site plan, set out by the Regional Municipality of
York in their letter of October 6, 2004, to the satisfaction of the Region and
the Town of Markham;
b)
meet with the
Fire Department to confirm the locations of the Fire Department Connection,
private hydrant, fire route signage and rapid entry key box to the satisfaction
of that department;
- That the site plan agreement shall:
a)
provide for
payment by the Owner of all applicable fees, recoveries and development
charges;
b)
contain
provisions for satisfying Town Departments and outside agencies including all
requirements of the Director of Engineering, the Fire Department, Waste
Management, Roads and York Region;
c)
contain a clause
whereby the owner acknowledges and agrees to enter into discussions and
finalize with the Regional Municipality of York a schedule of contributions to
the York Rapid Transit System’s financial requirements;
d)
contain a clause
whereby the owner agrees to construct, at no cost to the Region, bus passenger
standing areas/platforms/shelter pads to the satisfaction of the Region and the
Town of Markham;
e)
contain
provisions for the conveyance of land for sight triangles and widening of
Highway 7, if required, to the satisfaction of the Region of York and the Town
of Markham;
f)
include the
Regional Municipality of York as a party to the agreement.
(3) OTHER COMMITTEE PROCEEDINGS
- MINUTES OF DEVELOPMENT
SERVICES
COMMITTEE MEETING – JANUARY 25, 2005 (16.0)
CARRIED
8. MOTIONS
Council
consented to add Motions (1) through (3).
(1) RED
LIGHT CAMERAS (5.12)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor G. McKelvey
That the
following recommendation be deferred and referred to the Town’s Traffic Safety
Committee:
That a consultant be hired to evaluate
options for installation of one or more red light cameras in 2006; options to
include locations, cost, education and recommendations;
And that the consultant work with York
Regional Police through the review;
And that the cost not exceed $25,000 and be
included in the 2005 Budget.
CARRIED
(2/3rd vote to consider was
required and obtained)
(2) EXPRESSION
OF APPRECIATION
– 2005 BUDGET PREPARATION (7.4
& 7.5)
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That congratulations be extended to the Chief Administrative Officer,
the Commissioner of Corporate Services, the Treasurer, the Director of
Financial and Client Services, the Manager of Financial Planning and all other
staff in the preparation of the 2005 Budget.
CARRIED
(2/3rd vote to consider was
required and obtained)
(3) PROVINCIAL
COMMUNITIES IN ACTION FUND (12.2.6 & 7.6)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor J. Heath
That the
Council of the Town of Markham express its appreciation to the Province of
Ontario for funding in the amount of $86,560 from the Communities In Action
Fund.
CARRIED
(2/3rd vote to consider was
required and obtained)
9. COMMUNICATIONS
Council
consented to add Communication Nos. 21-2005 to 23-2005.
Moved by
Councillor A. Chiu
Seconded by
Regional Councillor B. O’Donnell
That Council
receive and consent to the disposition of communications in the following
manner:
Received
11-2005 Association
of Municipalities of Ontario - Forwarding
the highlights of its pre-budget submission to the Government of Ontario.
(13.12.2)
12-2005 John
O'Gorman - Forwarding information regarding the distribution of local newspaper
and the Mission Green Program in the Town of Markham. (12.2.6
& 5.1)
Referred to all Members of Council
13-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Soca Palace, 7380 McCowan Road, Unit 7 (indoor). (3.21)
14-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Daisuki Sushi, 9275 Highway 48 Unit 5 (indoor).
(3.21)
15-2005 Liquor
Licence Application - Request to complete the Alcohol and Gaming Commission
Municipal Information Form for Nick's Corner Family Restaurant, 2300 John
Street, Unit 11 (indoor & outdoor). (3.21)
16-2005 The
Regional Municipality of York - Requesting the endorsement of its resolution
regarding the proposed Accessibility for Ontarians with Disabilities Act, 2004
and requesting that the endorsement regarding further development of the Act be
forwarded to the Minister of Citizenship and Immigration for consideration.
(13.4)
Referred to Commissioner of Development
Services & Town Solicitor
17-2005 Ontario
Municipal Board - Forwarding an oral decision regarding a proposed plan of
subdivision on lands comprising Part Lot 17, Concession 3, 19T-88018 (Jolis
Investments (Ontario) Limited) and advising that a prehearing is scheduled for
10:00 a.m. on April 14, 2005. (13.13)
18-2005 Ontario Municipal Board - Forwarding
a Notice of Prehearing Conference being held on March 2, 2005 at 10:00 a.m. for
the appeal submitted by Minto Markham Partnership regarding the proposed
Official Plan Amendment, File OP 04 013980, to redesignate lands at the northwest
corner of Rouge Bank Drive and 9th Line from "Neighbourhood
Commercial" to "Low Density Housing" to permit single detached,
semi-detached, and street townhouse units. (13.13 & 10.5)
Referred to Commissioner of Development
Services and York Regional Police
19-2005 John
Honsberger - Forwarding comments with respect to the traffic issues on Elgin Street.
(5.12)
(See Petitions (1))
20-2005 Jolanta
Hanna Mirian - Forwarding comments with respect to the traffic issues on Elgin Street.
(5.12)
(See Petitions (1))
21-2005 Kristine
Herga-Thomas & Derek Thomas - Forwarding comments with respect to the
traffic issues on Elgin Street.
(5.12)
(See Petitions (1))
22-2005 The
Moss Family - Forwarding comments with respect to the traffic issues on Elgin
Street. (5.12)
(See Petitions (1))
23-2005 Bruce
Stewart - Forwarding comments with respect to the traffic issues on Elgin Street
and advising of his objection to the installation of road bumps.
(See Petitions (1))
CARRIED
10. PROCLAMATION
(1) PROCLAMATIONS (3.4)
Moved by
Deputy Mayor F. Scarpitti
Seconded by
Councillor E. Shapero
That the
following be proclaimed in the Town of Markham:
- Ontario
Heritage Week - February 20 to 26, 2005
- Social Work
Week - March 7 to 13, 2005
- Pakistan
National Day - March 23, 2005;
And that Town (Heritage Section) staff set up
an educational heritage display in the Great Hall of the Civic Centre during
Heritage Week to promote Markham’s built heritage programs;
And that the Prince of Wales flag be raised
on the Town of Markham Civic Centre flagpole for the duration of Ontario
Heritage Week;
And that a
Flag-Raising Ceremony for the Pakistan National Day be held at the Markham
Civic Centre on March 23, 2005 between 10:00 a.m. and 1:00
p.m.
CARRIED
11. OTHER BUSINESS
Council
consented to withdraw Other Business (1).
(1) TOWN
INITIATED ZONING BY-LAW TO
RESTRICT ISSUANCE OF
RESIDENTIAL BUILDING PERMIT
UNTIL MUNICIPAL SERVICES AND
CAPACITY ARE AVAILABLE (PR 04
028625) (10.5, 5.0)
THAT the Development Services Commission
report dated December 7, 2004 entitled “Town Initiated Zoning By-law to Restrict Issuance of
Residential Building Permit until Municipal Services and Adequate Capacity are
Available, (File
number PR 04 028625)” be received;
AND THAT the Record of the Public Meeting
held on January 11, 2005, with respect
to the proposed By-law be received;
AND THAT Council confirm, as per Section
34(17) of the Planning Act, that no further Public Notice is required;
AND FURTHER THAT the proposed By-law be
enacted.
(By-law
2005-19)
WITHDRAWN
(See following motion to
withdraw)
Moved by
Councillor G. McKelvey
Seconded by Regional Councillor B. O’Donnell
That Other Business (1) be withdrawn.
CARRIED
12. BY-LAWS
Council
consented to withdraw By-law 2005-19 and add By-law 2005-21.
Moved by
Councillor A. Chiu
Seconded by
Councillor G. McKelvey
That By-laws 2005-11
to 2005-18 and By-laws 2005-20 and 2005-21 be given three readings and enacted.
Three Readings
BY-LAW 2005-11 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Aspen Ridge Homes (Upper Cornell) Limited, Cornell
Community, east of Ninth Line and north of 16th Avenue, Blocks 314
to 350, Plan 65M-3759).
BY-LAW 2005-12 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Ballantry Homes Limited, Cornell Community, east
of Ninth Line and south of 16th Avenue, Lots 1 to 4, 55 to 60, 87 to
90, 104 to 115, 131 to 139, 218 to 222, 297 to 308, Plan 65M-3767).
BY-LAW 2005-13 A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control (Markham Development Joint Venture, Plan 65M-3586,
Block 62, Lots 44 and 45, south of Bur Oak Avenue, west of 9th
Line).
BY-LAW 2005-14 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Lot 5, Concession 2, designated as Parts 2 and 3,
Plan 65R-10116 - John Street).
BY-LAW 2005-15 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Block 3, Plan 65M-2503, designated as Part 4, Plan
65R-26665 - Circa Drive).
BY-LAW 2005-16 A by-law to dedicate certain lands as part of the highways of
the Town of Markham (Part of Block 171, Plan M-1973, designated as Parts 2 and 3, Plan
65R-5825 - Sunway Square).
BY-LAW 2005-17 A by-law to amend Zoning By-law 88-76, as amended (HIPA
Investments Limited, 9899 High 48 - To delete the lands from Zoning By-law
88-76, as amended, so that it may be incorporated into Zoning By-law 177-96, as
amended, to permit a commercial development).
(Clause 1, Report No. 46, 2004)
BY-LAW 2005-18 A by-law to amend Zoning By-law 177-96, as amended (HIPA Investments
Limited, 9899 High 48 - To permit a commercial development).
(Clause 1, Report No. 46, 2004)
BY-LAW 2005-19 A by-law to prohibit the use of land or the erection or use of
buildings or structures unless municipal services are available.
(Other Business (1))
WITHDRAWN
BY-LAW 2005-20 A by-law to confirm the proceedings of the Council meeting of
February 8, 2005.
(Council Meeting No. 3, 2005)
BY-LAW 2005-21 A by-law to authorize the Mayor and Clerk to execute an
Agreement of Purchase and Sale and all related documents for the acquisition of
approximately 10.35 acres of land situated at the northwest corner of Kennedy
Road and Highway 407 from Ontario Realty Corporation.
CARRIED
Mayor Don
Cousens reminded Members of Council, staff and residents about two upcoming
events on Saturday, February 12, 2005:
1) Angus Glen Community Centre and Library - Official
Opening at 3990 Major
Mackenzie Drive
2) Chinese New Year Celebrations at the Markham Civic
Centre
13. ADJOURNMENT
Moved by Councillor
A. Chiu
Seconded by Councillor
E. Shapero
That the
meeting do adjourn.
CARRIED
Council
adjourned at 8:55 p.m.
___________________________________ ___________________________
SHEILA
BIRRELL, TOWN CLERK DON
COUSENS, MAYOR
(Signed)