2007-06-12
COUNCIL MINUTES Council
Chamber, Civic Centre
ROLL CALL
Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (13)
The Regular Meeting of Council was held on
June 12, 2007 at 7:00 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
J. Sales, Commissioner of Community & Fire Services
A. Taylor, Commissioner of Corporate Services
K. Kitteringham, Deputy Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
J. Wong, Technology Support Specialist
J. Kee, Committee Clerk
1. DISCLOSURE OF PECUNIARY
INTEREST
None declared.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That the Minutes of the Council Meeting held
on May 22, 2007, be adopted.
CARRIED
Council consented to add Presentation (2).
Council recognized Robert Barkin and Aaron Taylor, students from German Mills Public School, for their outstanding fundraising efforts to help children living with AIDS in Africa. Council also recognized Glenn Marais, singer/songwriter, for inspiring the students with his song "Like a Child".
Council extended congratulations to the recipients of
the 2007 Mayor’s Senior Hall of Fame Awards.
The Mayor's Senior 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 Mayor's Senior Hall of
Fame Winner for 2007, the Meritorious Award and the Certificate of
Appreciation, are awarded to nominees for their unique or outstanding
achievements.
Council thanked Members of the Mayor’s Senior Hall of Fame Awards Committee and recognized the past recipients of the Awards who were in the audience.
Mr. Tony Murphy, Chair, Mayor’s Senior Hall of Fame Awards Committee, was in attendance to present the Awards.
Mayor's
Senior Hall of Fame Award in 2007 -
Lorne Smith
Meritorious
Awards - Robert Harrington; Sharon
Lawlor
Certificates
of Appreciation - Shirley Schaefer;
Sunny Lau; and John McKenna
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That Petition
signed by 4 area business owners outlining their proposal for parking solutions
on Cox Boulevard, be received and referred to Director of Strategic Initiatives.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor L. Kanapathi
That Report No. 34 - Development Services Committee be received and adopted.
Terms
of Reference Working
Groups
That the Make it Happen Task Force Terms of Reference be adopted;
And that the list of six (6) key focus areas to be tackled by the Task
Force, along with the proposed composition of Working Groups, be received.
CARRIED
Moved
by Councillor J. Virgilio
Seconded
by Councillor L. Kanapathi
That
Report No. 35 - General Committee be received and adopted.
That the resignation of Mr. Robert Bowman from the Animal Services Committee be accepted;
And that the resignation of Ms. Carina Mahendrarajah from the Markham
Race Relations Committee be accepted with regret, and
a letter of appreciation be forwarded.
That the report entitled, “Delegation of Signing Authority – MPAC
Agreements” be received;
And that the Treasurer and/or the Director of Taxation be authorized to
sign the annual municipal licence agreement on behalf of The Corporation of the
Town of Markham with the Municipal Property Assessment Corporation (MPAC), and
beginning in 2008, the proposed perpetual licence agreements as well as
supplementary and omitted assessment Product Use Sheet agreements required to
be signed prior to receipt of every supplementary or omitted assessment roll;
And that staff be authorized to do all things necessary to give effect to
this resolution.
That By-law 2002-289, “A By-law to provide for the Regulating and Licensing of Places of Amusement – Pinball and Video Games Rooms” be amended to:
That By-law 2002-284, “A By-law to establish Licence Fees” be amended to establish new licence fees for Class A and Class B Places of Amusement;
That an application for an Order and a schedule of set fines pursuant to the Provincial Offences Act and the rules for the Ontario Court of Justice be made;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2007-100 and 2007-101)
That the resignation of
Councillor E. Shapero from the Duffins and Carruthers Watershed Resource
Committee, due to scheduling conflicts, be received with regret.
That Councillor C. Moretti be appointed as the Council representative on the Staff
Appreciation Day Committee for 2007.
That Deputy Mayor J. Jones be
authorized to attend meetings in Ottawa relating to the Canadian Sports
Institute Ontario in May of 2007.
That the following persons be appointed to the Stiver
Mill Steering Committee:
Christl Reeh – Unionville Villagers Association
Ken Davis – Unionville Villagers Association
Richard Talbot – Unionville Villagers Association
Wes Rowe – Alternate - Unionville Villagers
Association
Jeanne Ker-Hornell – Alternate - Unionville
Villagers Association
CARRIED
Council consented to separate Clause (2).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No 36 - Development Services Committee be received and
adopted.
That the report entitled “Acceptance for
Maintenance of Residential Subdivisions Registered Plan Numbers 65M-3633,
65M-3634,65R-25622 Parts 4, 6, 7 and 8, 65M-3644, 65M-3605, 65M-3526, 65R-21711
Parts 1 to 6, 65M-3660, 65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672,
65M-3637, 65M-3296, 65R-21662 Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466
Part 1, 65R-18982 Parts 1, 2 and 3”, dated May 29, 2007, be received;
And that the services in Subdivision
Registered Plan Numbers 65M-3633, 65M-3634,65R-25622 Parts 4, 6, 7 and 8,
65M-3644, 65M-3605, 65M-3526, 65R-21711 Parts 1 to 6, 65M-3660,
65M-3044,65M-3045, 65R-26787 Part 4, 65M-3672, 65M-3637, 65M-3296, 65R-21662
Parts 3 and 5, 65R-24471 Parts 3 and 4, 65R19466 Part 1, 65R-18982 Parts 1, 2
and 3, be Accepted for Maintenance;
And that by-laws be
enacted by Council to accept these subdivisions and to establish each of the
roads within the residential subdivisions as a public highway of the Town of Markham;
And that the Community Services Commission accept the responsibility for operating and maintaining the
infrastructure within the subdivisions as part of the Town’s system;
And that acceptance of the subdivision be taken into consideration in future operating budgets;
And that the by-law to amend Schedule ‘12’ of
Traffic By-law #106-71, by including compulsory stop to the indicated streets,
be approved;
And that the by-law to amend Schedule ‘A’ of
the Speed By-law #105-71, by including a maximum speed of 40 kilometers per
hour for the streets indicated, be approved;
And that the by-law to amend Schedule ‘F’ of
the speed By-law # 105-71, by including a maximum speed of 50 kilometers per
hour for the streets indicated, be approved;
And that the by-law to amend Schedule ‘C’ of
the Parking By-law # 2005-188, by including no parking on the streets
indicated, be approved;
And that the Mayor and Clerk be authorized to execute the necessary releases from the
terms of the Subdivision Agreements, subject to confirmation from the Director
of Engineering that the final two year guarantee periods have been completed;
And that Staff be authorized and directed to do all things necessary to
give effect to these resolutions.
(By-laws 2007-102 to 2007-122)
That the report entitled “Town
of Markham Parking Programme” be received;
And that staff continue the
on-street permit parking programme in existing areas and consider expanding the
program on a case by case basis;
And that a Committee of Council
be established to make recommendations to Council on matters relating to the
Town’s Parking Programme including the operations of municipally owned or
operated surface parking lot(s) and structure(s), and other issues such as
analyses of similar programmes in other municipalities, provision of disabled
parking spots near Main Streets, provision of dedicated parking for alternative
vehicles such as scooters, partnerships with GO Transit and YRT/VIVA, and discussions with the Municipal Property
Assessment Corporation on tax incentives for underground parking lots;
And that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Regional Councillor J. Heath
Seconded by Councillor L. Kanapathi
That Clause (2) be amended
to add the words "…and YRT/VIVA…" after the words "…partnerships
with GO Transit…" in paragraph 3.
CARRIED
That the report entitled “Criteria for
Assessment of Ontario Municipal Board Appeals – (Committee of Adjustment)” be
received.
And that Council have regard to the criteria described in this report
in determining when:
·
Town staff should attend Ontario
Municipal Board (OMB) Committee of Adjustment appeals; or
·
decisions of the Committee of Adjustment
should be appealed by the Town.
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report dated May 29, 2007 entitled
“Cottonlane Estates Inc., 158, 168 and 178 Old Kennedy Road, Draft Plan of
Subdivision (19TM-05019) to create a park block, a medium density block and a
mixed use block on the west side of Old Kennedy Road, south of Victory Avenue,
(SU.05-023993)” be received;
And that the record of the Public Meeting
held on October 3, 2006, regarding the proposed plan of subdivision be received;
And that draft plan of subdivision 19TM-05019
located on the west side of Old Kennedy Road, south of Victory Avenue, proposed
by Cottonlane Estates Inc., be draft approved subject to the conditions
outlined in Appendix ‘A’;
And that the Owner shall enter into a No
Presale Agreement with the Town, which agreement shall be registered on title,
committing the Owner not to enter into any agreements of purchase and sale with
anyone, including other developers or builders, for the subject lands
(19TM-05019), until full servicing allocation has been granted by Council for
the proposed development, prior to draft plan approval being issued. The Agreement shall include but not be
limited to the following:
(A) Not to enter into any agreements or
purchase and sale with end users (eventual homeowner who is purchasing an
individual lot containing a dwelling for the purpose of occupancy) for the
subject lands until such time as:
(a)
i. York Region has advised in
writing that it is no earlier than twelve (12) months prior to the expected
completion of the Duffin Creek Water Pollution Control Plant expansion project
and the Southeast Collector Trunk Sewer project; and
ii. The Council of the Town of Markham
has allocated adequate available water supply and sewage servicing capacity to
the subject development;
or,
(b)
the Town of Markham approves the assignment of servicing allocation to
this development that is not dependent upon the construction of infrastructure;
or
(c) the Regional
Commissioner of Transportation and Works confirms servicing capacity for this
development by a suitable alternative method and the Town of Markham allocates
the capacity to this development;
And
(B) Not enter into any agreements of purchase and
sale with non end users for the subject lands unless the agreement of purchase
and sale contains a condition that requires the purchaser and any subsequent
purchasers to enter into a separate agreement with the Town of Markham, which
agreement shall be registered on title, committing the Owner to the same terms
as set out in item A above;
And that the Owner shall apply for a zoning
by-law amendment to permit the proposed stacked townhouse development, mixed
use block and parkette. This approval
shall be in place prior to final draft plan approval;
And that the applicant provide to the Town
the required payment of 30% subdivision processing fees in accordance with the
Town’s Fee By-law;
And that the draft plan approval for plan of subdivision 19TM-05019
will lapse after a period of three years commencing May 29, 2007, in the event
that a subdivision agreement is not executed within that period;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report dated May 29, 2007 entitled “RECOMMENDATION REPORT,
Naam Group Inc., South-west corner of
Yorktech Drive and Rodick Road,
Applications for zoning by-law amendment and site plan approval for a
multiple tenant industrial building with accessory retail,” be received;
And that the draft implementing zoning by-law attached as Appendix ‘B’ be finalized and enacted;
And that the application for site plan
approval be endorsed,
in principle subject to the conditions attached as Appendix “A”;
And that site plan approval be delegated to
the Director of Planning and Urban Design or her designate, to be issued once
the conditions outlined above have been satisfied. Site Plan approval is issued only when the
Director has signed the site plan;
And that this endorsement shall lapse and
site plan approval will not be issued, after a period of three years commencing
May 29, 2007, in the event that the site plan agreement is not executed within
that period;
And that staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2007-123)
That the report titled, “Review of Citizen
Requests for Town-wide Three-hour Maximum Parking Restriction”, dated May 29,
2007, be received;
And that a Town-wide three-hour maximum
parking restriction by-law not be implemented at this
time;
And that by-law 2005-188, Schedule D, titled
“Parking for a Restricted Period” continue to be enforced as a means of
restricting parking on an individual basis, where conditions are justified;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report titled, “Snowdon Circle
Stopping Prohibition” dated May 15, 2007, be received;
And that the attached by-law to amend
Schedule D of Parking By-law 2005-188, pertaining to “Parking for a Restricted
Period,” by including both sides of Snowdon Circle, from the north intersection
of Mansfield Lane to the south intersection of Mansfield Lane, be approved;
And that the Operations Department be directed to install and maintain the appropriate signs
upon approval of the attached by-law;
And that the Parking Control Department be directed to enforce the parking restrictions upon
installation of the signs;
And that the Clerks Department be directed to forward a copy of this report to GO Transit
staff regarding improvements to the Centennial GO Station passenger drop-off
and pick-up facility;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2007-124)
That the staff
memo entitled "Yonge Street Corridor Study Coordination",
be received;
And that Markham staff be authorized to coordinate with the City of Vaughan on Yonge Street Corridor detailed planning/urban design studies as outlined in the memo;
And further that the Region of York be requested to coordinate an inter-municipal review of basic land use (population and employment) targets along the Yonge Street Corridor, in support of the ongoing consideration of transit options.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 37 - Development Services Public Meeting be received
and adopted.
That the Record of the Public Meeting held on May 29, 2007 with respect to applications SU 02 118676 (19TM-02016 – Phase 3) and ZA 07 108332 submitted by 1039954 Ontario Limited for draft plan of subdivision approval and amendments to Zoning By-laws 304-87 and 177-96, be received;
And that draft plan of subdivision 19TM-02016, Phase 3 be referred back to staff for further review and approval under section 2 (b) (iv) of Delegation By-law 2002-202.
And that amendments to Zoning By-laws 304-87 and 177-96 to implement draft plan of subdivision 19TM-02016 – Phase 3 be finalized for enactment.
That the
deputation by David Bronskill, Goodmans LLP regarding the proposed zoning
by-law amendment with respect to increase in permitted building height and an
increase in permitted number of dwelling units, be received;
That the staff
report dated May 1, 2007, entitled “PRELIMINARY REPORT – Times Markham Centre
(Majestic Court Condominium) – North-west corner of South Town Centre Boulevard
and Clegg Road – Application for zoning by-law amendment to permit an increase
in the maximum number of storeys from 12 to 16, and increase in the maximum
number of dwelling units from 400 to 532, and to rezone a portion of the
property for a public park” be received;
And that the
Record of the Public Meeting held on May 29, 2007 with respect to the proposed
amendment to By-law 2004-196, as amended, be received;
And that the
application by Times Markham Centre to amend By-law 2004-196 as amended, be approved;
And further
that the proposed amendment to By-law 2004-196, as amended, be enacted without
further notice, upon resolution of the identified park issues.
CARRIED
Council consented to add Report No. 38.
Moved by Councillor J. Virgilio
Seconded by Councillor D. Horchik
That Report No. 38 - General Committee be received and adopted.
That
a By-law be enacted to stop up and close that portion of the surplus Clegg Road
turning circle legally described as Block 13, Plan 65M-2668;
And
that the portion of the surplus Clegg Road turning circle being lands legally
described as Block 13, Plan 65M-2668 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 12, 2007;
And
that a By-law be enacted at Council on June 12, 2007, authorizing the Mayor and
Clerk to execute a Transfer of Land and other related documents for the
completion of conveyancing required, in a form satisfactory to the Town
Solicitor;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(Other Business (3) & By-laws 2007-139 and 2007-140)
That the
report entitled “Town Conveyance of a portion of
That Part of Lot 3, Concession 8, designated as Parts 1 and 4, Plan 65R-29254 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 12, 2007;
And that a by-law be enacted at council on June 12, 2007, authorizing the Mayor and Clerk to execute a Transfer of Land in favour of the Region of York for nominal consideration and other related documents for the completion of this transaction, all in a form satisfactory to the Town Solicitor;
And that Staff be authorized and directed to do all things necessary including execution of documents to give effect to this report.
(Other Business (4) & By-law 2007-141)
That Mr. Wil Pialagitis, Chair, Markham Village BIA, be
appointed to the Markham Main Street Committee effective immediately.
CARRIED
Council consented to add Communications No. 44-2007 and 45-2007.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That Council
receive and consent to the disposition of communications in the following
manner:
Dates and times
June 15, 2007 - 4:00 p.m. to 11:00 p.m.
June
16, 2007 - 7:00 a.m. to 7:00 p.m.
Streets
a) Main Street Markham north from Highway 7 to
South of Parkway Avenue
b) Access east from Main Street Markham is
closed to
- Centre Street
- Robinson Street
c) Access west from Main Street Markham is
closed to
- Thompson Court
- Dublin Street
- Robinson Street
- Wilson Street
d) Robinson Street
(By-law 2007-125)
- Start line is at Angus Glen Golf Course
- South on Kennedy Road to Major MacKenzie Drive
- West on Major MacKenzie Drive to Prospector's Drive
- South on Prospector's Drive to The Fairways
- West on The Fairways and south onto Royal Troon Crescent
- Royal Troon Crescent onto Angus Glen Blvd
- East on Angus Glen Blvd to Potters Wheel Road
- North on Potters Wheel Road to Port Rush Trail
- East on Port Rush Trail to Angus Meadow Drive
- South on Angus Meadow Drive to Angus Glen Blvd
- East on Angus Glen Blvd to Kennedy Road
- South on Kennedy Road to just north of 16th Avenue
- Runners make a u-turn & go north on Kennedy Road to Elgin Mills Road East
- East on Elgin Mills Road to McCowan Road
- North on McCowan Road to 19th Avenue
- West on 19th Avenue to Warden Avenue
- South on Warden Avenue to Elgin Mills Road East
- East on Elgin Mills Road East to Kennedy Road
- South on Kennedy Road to Angus Glen Golf Course
(By-law 2007-126)
Friday, June 15 - 4:00 p.m. to 11:00 p.m.
Saturday, June 16 - 9:00 a.m. to 7:00 p.m. (3.21)
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That Proclamation (1) be received and adopted.
That the
following be proclaimed in the Town of Markham:
- Pride Week - September 3
to 9, 2007
And that the Corporate Communications Department be requested to publish the above proclamation in the local
newspapers.
CARRIED
Council consented to add Other Business (3) and (4).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
Council
inquired whether any persons were in attendance to either support or object to
the proposed renaming of Markham By-pass to Cornell Centre Boulevard.
No persons were in attendance to either support or
object to this matter.
Whereas a notice of the proposed change of name of the Town-owned Markham By-Pass in Cornell to Cornell Centre Boulevard has been published in the Markham Economist and Sun and on the Town of Markham website on May 31, 2007 and Town of Markham Council agenda dated June 12, 2007;
And whereas no persons have objected this date;
Therefore be
it resolved that a by-law to change the name of the
Town-owned Markham By-Pass in Cornell to Cornell Centre Boulevard be
considered by Council later in the meeting.
(By-law 2007-127)
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor L. Kanapathi
That the
memorandum dated May 28, 2007 from the Commissioner of Development Services
providing an update with respect to the
applications SU 02 115478 (19TM-02010 – Phase 6) and ZA 02 115483 submitted by
Brawley Manor Corporation for draft plan of subdivision approval and amendments
to Zoning By-laws 304-87 and 177-96, be received;
And that the Zoning Application No. ZA 02 115483 to amend Zoning
By-laws 304-87, as amended and 177-96, as amended, be enacted without further
notice;
And that servicing allocation for 93 units be
granted to plan of subdivision 19TM-02010- Phase 6 from the total allocation
for the Wismer Commons Community, assigned in accordance with the June 20, 2006
report on servicing allocation.
(By-laws 2007-128 and 2007-129)
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
That the notice of proposed sale for the Town owned lands legally described as Block 13, Plan 65M-2668, be confirmed.
(Clause 1, Report No. 38 and By-laws 2007-139 and 2007-140)
CARRIED
Moved by Councillor J. Virgilio
Seconded by Councillor L. Kanapathi
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
That the notice of proposed sale for the Town owned lands legally described as Part of Lot 3, Concession 8, designated as Parts 1 and 4, Plan 65R-29254, be confirmed.
(Clause 2, Report No. 38 and By-law 2007-141)
CARRIED
Council consented to add By-laws 2007-138 to 2007-141.
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That By-laws 2007-100 to 2007-136 and 2007-138 to 2007-141 be given three readings and enacted.
CARRIED
Seconded by Councillor J. Webster
That Council resolve into an in-camera session to discuss confidential legal and personnel matters.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor C. Moretti
That Council rise and the Chair report the following from in-camera session:
That the minutes of the in-camera Council meeting held on April 10, 2007, be confirmed.
That the report titled “Monarch Corporation Appeal of Committee of Adjustment Decision Respecting 14 Lots” be received;
And that the Town Solicitor and Staff be instructed not to attend the Ontario Municipal Board (OMB) hearing of the appeal by Monarch of the refusal of the Committee of Adjustment for minor variances of the garage door widths for 14 of its lots in the Roamin Stables subdivision;
And that staff be authorized and directed to take the actions set out in this report.
That the report titled “Michael and Joanne Merlino appeal of Committee of Adjustment decision regarding 356 Manhattan Drive, Markham” be received;
And that the Town Solicitor and Staff be instructed to attend the Ontario Municipal Board hearing of the appeal of Michael and Joanne Merlino in respect of the decision of the Committee of Adjustment on their application for a minor variance to the maximum driveway width at 356 Manhattan Drive and to oppose the appeal unless the Appellants consent to the Town’s requested conditions;
And that Staff be authorized and directed to take the actions set out in this report.
That Staff be authorized to
proceed as directed with respect to the confidential personnel matter.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That the report of the in-camera sessions be adopted, approved and confirmed.
CARRIED
Moved by Regional Councillor T. Wong
Seconded by Councillor E. Shapero
That By-law
2007-137 be given three readings and enacted.
Moved
by Councillor A. Chiu
Seconded
by Councillor C. Moretti
That
CARRIED
Council adjourned at 9:41 p.m.
______________________________ ___________________________
KIMBERLEY KITTERINGHAM FRANK
SCARPITTI
DEPUTY TOWN CLERK MAYOR
(Signed)