APRIL 21, 2009 - 9:00 a.m.

MINUTES

DEVELOPMENT SERVICES COMMITTEE

Meeting No. 13

All Members of Council

Development Services Economic Development

Chair: Councillor J. Webster Chair: Regional Councillor T. Wong

Vice-Chair: Councillor D. Horchik Transportation Issues

Chair: Regional Councillor G. Landon

PART B

Report Agenda

9:00 a.m. – Council Chamber

Attendance

Mayor F. Scarpitti Deputy Mayor J. Heath Regional Councillor J. Jones Councillor V. Burke Councillor E. Shapero Councillor J. Virgilio Councillor C. Moretti Councillor J. Webster Councillor D. Horchik Councillor A. Chiu Regrets Regional Councillor G. Landon Regional Councillor T. Wong Councillor L. Kanapathi

J. Baird, Commissioner of Development Services A. Brown, Director of Engineering C. Conrad, Town Solicitor B. Karumanchery, Senior Development Manager V. Shuttleworth, Director of Planning and Urban Design A. Tari, Committee Clerk

The Development Services Committee convened at 9:04 AM in the Council Chambers with Councillor J. Webster in the Chair.

DISCLOSURE OF PECUNIARY INTEREST

None disclosed.

1. PRESENTATION OF SERVICE AWARDS (12.2.6)

Valentina Salvalaggio, Circulation Supervisor, Angus Glen Library, 20 years

Janice Horne, Information Services Assistant, Markham Village Library, 20 years

Donna Cooper, Clerk / Receptionist, Administration Centre, 10 years

Larry Lockway, Collection Development Strategist, Administration Centre, 5 years

Jennifer Dias-Stevenson, Information Services Librarian, Markham Village Library, 5 years

Verna Gilchrist, Circulation Supervisor, Milliken Mills Library, 5 years

Becky Godwin, Information Services Assistant, Milliken Mills Library, 5 years

Hosseini-Ara Moe, Director, Service Excellence, Administration Centre, 5 years

Margaret Macmillan, Branch Manager, Unionville Library, 5 years

Lana Miljkovic, Information Services Librarian, Milliken Mills Library, 3 years

2. DEVELOPMENT SERVICES COMMITTEE MINUTES
- April 7, 2009, Part B (10.0)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Development Services Committee meeting, Part B, held April 7, 2009, be confirmed.

CARRIED

3. DEVELOPMENT SERVICES PUBLIC MEETING MINUTES
- April 7, 2009 (10.0)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Development Services Public Meeting, held April 7, 2009, be confirmed.

CARRIED

4. HERITAGE MARKHAM COMMITTEE MINUTES
- March 11, 2009 (16.11)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Heritage Markham Committee meeting held on March 11, 2009, be received.

CARRIED

5. MAIN STREET MARKHAM COMMITTEE MINUTES
- March 18, 2009 (16.39)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Main Street Markham Committee meeting held on March 18, 2009, be received.

CARRIED

6. MARKHAM PUBLIC ART ADVISORY COMMITTEE MINUTES
- March 11, 2009 (16.34)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Markham Public Art Advisory Committee meeting held on

March 11, 2009, be received;

CARRIED

7. MARKHAM CENTRE SUB-COMMITTEE MINUTES
- MARCH 10, 2009 (10.0)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Markham Centre Sub-Committee meeting held on March 10, 2009, be received.

CARRIED

8. MINUTES - CORNELL ADVISORY GROUP
- January 19, 2009 (16.34)

Minutes

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

That the minutes of the Cornell Advisory Group meeting held on January 19, 2009, be received.

CARRIED

9. NINTH LINE DEVELOPMENTS LTD.
AND HUMBOLD PROPERTIES LTD.
NORTH OF CASTLEMORE AVENUE
SOUTH AND WEST OF DONALD COUSENS PARKWAY
GREENSBOROUGH COMMUNITY
APPLICATION FOR ZONING BY-LAW AMENDMENTS
(ZA 08 127255) (10.5)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

1) That the report entitled “Preliminary Report, Ninth Line Developments Ltd. and Humbold Properties Ltd., North of Castlemore Avenue, south and west of Donald Cousens Parkway, Greensborough Community, Application for zoning by-law amendments, File No.: ZA 08 127255”, dated April 21, 2009 be received; and,

2) That Staff be authorized to schedule a statutory Public Meeting to consider the application for zoning by-law amendments; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

10. 2009 FIRST QUARTER UPDATE OF THE
STREET NAME RESERVE LIST (10.14)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

1) That Development Services Committee receive the updated street name reserve list for the first quarter of 2009, attached as Appendix ‘A’ to the April 21^st, 2009 staff report.

CARRIED

11. H AND W DEVELOPMENT CORPORATION
EAST SIDE OF SOUTH TOWN CENTRE BOULEVARD
BETWEEN CLEGG ROAD AND CEDARLAND DRIVE
APPLICATION FOR ZONING BY-LAW AMENDMENT
TO ADJUST THE DEVELOPMENT STANDARDS
FOR A PROPOSED RESIDENTIAL DEVELOPMENT
(ZA 08 106754) (10.5)

Report Attachment

Moved by Regional Councillor J. Jones

Seconded by Councillor A. Chiu

1) That the staff report dated April 21, 2009 titled “H and W Development Corporation, East side of South Town Centre Boulevard between Clegg Road and Cedarland Drive, Application for zoning by-law amendment to adjust the development standards for a proposed residential development,” be received; and,

2) That a public meeting be held to consider the zoning by-law amendment application (ZA 08 106754) once the applicant has submitted detailed project plans addressing the issues outlined in the staff report; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

12. ROUGE RIVER WATERSHED
PLAN IMPLEMENTATION GUIDE (10.0)

Report Appendix A and B Appendix D

Mr. Jim Baird, Commissioner of Development Services summarized the report regarding the Rouge River Watershed Plan Implementation Guide for the Committee.

The Committee inquired if this report conflicts with what is proposed through the Rouge Park Task Implementation Force. Staff advised that they are not aware of any conflicts between the two but some overlap does exist. The Committee suggested the following:

• That staff outline in more detail the outstanding issues and priorities for discussion at a future Development Services Committee meeting (Part A)
• Amend the clause that references an MOU emphasizing the commitment
• Directly advise the Rouge Park Alliance of such reports in future

Moved by Deputy Mayor J. Heath

Seconded by Councillor E. Shapero

1) That the staff report entitled Rouge River Watershed Plan Implementation Guide be received; and,

2) That this staff report be forwarded to the Toronto and Region Conservation Authority, Region of York and the Rouge Park as the Town’s response to the Rouge River Watershed Implementation Guide; and,

3) That the Town continue to work with the TRCA and other stakeholders on how best to meet the overall objectives of the Guide in the context of respective roles, responsibilities and funding capabilities; and,

4) That staff report back regarding future capital and operational costs associated with these guidelines as well as potential funding sources; and,

5) That the Town pursue with the TRCA the development of a Memorandum of Understanding (MOU) if deemed appropriate, to address roles responsibilities and funding arrangements; and further,

6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

13. MAIN STREET RESIDENCE (UNIONVILLE) INC.
(“THE ROCKPORT GROUP”)
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO PERMIT
THE DEVELOPMENT OF A RETIREMENT RESIDENCE
AT 34 MAIN STREET SOUTH, UNIONVILLE.
MARKHAM CENTRE
(ZA 06 120486 & SC 08 128054) (10.5)

Report Attachment

Mr. Heinz Vogt, Partner, Stone Kohn McQuire Vogt Architects presented the Committee with coloured renderings of the proposed retirement residence and the landscape concept plan. He advised that they have spent significant time on the façade treatment of the building to ensure it compliments the existing Main Street Unionville Community, including stepping back the height of the building and adding an entrance off Main Street.

Mr. Jack Winberg, Owner, Rockport Group, addressed the Committee to offer suggestions to rectify two outstanding technical issues related to the proposed retirement residence at 34 Main Street South Unionville. He advised the Committee that they have been working with the School Board since December 2008 (as per recommended condition of site plan) but have not finalized discussions to date. Mr. Winberg is suggesting that the site plan condition 3 (c) be amended to include the following wording “or provide alternate on-site management measures to the satisfaction of the Town.” He is also suggesting that staff recommendations (7) and (8) also include easement for snowplowing (municipal vehicles). Mr. Winberg indicated that the building would achieve LEED certification and that they will continue to work with Markham District Energy (MDE).

The Committee suggested amending site plan condition 3 (c) to include other alternative arrangements and that the site plan delegation to the Director of Planning and Urban Design be deferred to May 19, 2009.

The Committee complimented the applicant with respect to the building materials, massing and building heights. There was considerable discussion related to sustainable development practices and the Committee requested that a more comprehensive list of sustainable initiatives needs to be developed for this proposal. Mr. Winberg confirmed that he will provide a more comprehensive list than outlined to date and that the development will contain sufficient features to qualify for LEED status. The Committee recommended that a meeting be set up with staff, representatives of MDE, the applicant and Ward Councillor to further discuss having this development connected to Markham District Energy. The Committee suggested, if required, that a meeting be scheduled with the Unionville Subcommittee to discuss any other concerns related to the proposed retirement residence at 34 Main Street South, Unionville. The Committee wanted more clarification of sustainability features and other issues outlined in the staff report before granting site plan approval.

Moved by Councillor J. Virgilio

Seconded by Councillor C. Moretti

1) That the report dated April 21, 2009 titled “RECOMMENDATION REPORT, Main Street Residence (Unionville) Inc. (“The Rockport Group”). Zoning By-law Amendment and site plan applications to permit the development of a retirement residence at 34 Main Street South, Unionville. Markham Centre (ZA 06 120486 & SC 08 128054),” be received; and,

2) That the record of the Public Meeting held on November 4, 2008 regarding the proposed Zoning By-law Amendment be received; and,

3) That the Zoning By-law amendment application (ZA 06 120486) submitted for 34 Main Street South Unionville be approved, and that the draft implementing Zoning By-law (ZA 06 120486) to amend Zoning By-law 122-72, as amended, be finalized and enacted by Council at a later date, upon resolution of all of the site plan issues identified in this report, to the satisfaction of the Town; and,

4) That the proposed retirement residence use and site plan for Phases 1 and 2 be endorsed in principle, subject to the conditions attached as Appendix ‘A’, amended as follows:

· 3 (c) The Owner enters into a cost sharing agreement with the York Region District School Board and the Town, for the storm sewers including stormwater management, in the Bill Crothers Secondary School site or alternative arrangements to the satisfaction of the Director of Engineering; and,

5) That Site Plan approval be deferred to the May 19, 2009 Development Services Committee meeting; and,

6) That the proposed retirement residence shall be considered as an institutional use for servicing allocation purposes and cash-in-lieu of parkland dedication; and,

7) That the Chief Administrative Officer and the Town Solicitor be authorized to negotiate an agreement, and the Mayor and Clerk be authorized to enter into said agreement with the York Region District School Board, regarding future operations and maintenance of the storm drainage system in the Bill Crothers Secondary School Site, for drainage of Street ‘A’ and to obtain necessary easements for municipal service vehicles; and,

8) That the Mayor and Town Clerk be authorized to enter into an agreement with the York Region District School Board, the Owner, and any other benefiting landowners for the construction of storm sewers including stormwater management facilities in the Bill Crothers Secondary School site, and easements for municipal service vehicles to the satisfaction of the Chief Administrative Officer and the Town Solicitor; and,

9) That Council authorizes the Mayor and Town Clerk to enter into a construction agreement for Street ‘A’, if required; and further,

10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

14. COTTONLANE ESTATES INC.
ZONING BY-LAW AMENDMENT AND
SITE PLAN APPLICATIONS TO FACILITATE
A MIXED-USE BUILDING AND STACKED TOWNHOUSE
DEVELOPMENT WITH A PARK, AND AMENDMENTS
TO CONDITIONS OF DRAFT APPROVAL OF THE
PLAN OF SUBDIVISION
158, 168 & 178 OLD KENNEDY ROAD
MILLIKEN MAIN STREET
(ZA 07 133824, SC 07 133898 & SU 05 023993) (10.5, 10.6, 10.7)

Report Attachment

Moved by Councillor A. Chiu

Seconded by Councillor J.Virgilio

1) That the report dated April 21, 2009 titled “RECOMMENDATION REPORT, Cottonlane Estates Inc. Zoning By-law amendment and Site Plan applications to facilitate a mixed-use building and stacked townhouse development with a park, and amendments to conditions of draft approval of the Plan of Subdivision. 158, 168 & 178 Old Kennedy Road. Milliken Main Street (ZA 07 133824, SC 07 133898 & SU 023993),” be received; and,

2) That the record of the Public Meeting held on March 18, 2008 regarding the proposed Zoning By-law amendment be received; and,

3) That the Zoning By-law amendment application (ZA 07 133824) submitted for 158, 168 & 178 Old Kennedy Road be approved, and that draft implementing Zoning By-law (ZA 07 133824) to amend Zoning By-law 177-96, as amended, be finalized and enacted by Council; and,

4) That the Site Plan application (SC 07 133898) be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,

5) That Site Plan approval be delegated to the Director of Planning and Urban Design, or her designate, to be issued following execution of a Site Plan Agreement. Site Plan approval is issued only when the Director has signed the Site Plan; and,

6) That servicing allocation for the 78 stacked townhouse units and the mixed-use building consisting of 28 residential units, be granted by Council and allotted through the Trustee of the Landowners Group; and,

7) That the Council resolution dated June 12, 2007 (Appendix ‘B’) be amended to delete the requirement for a No Pre-Sale Agreement, prior to the issuance of draft plan approval; and,

8) That the revised conditions of draft approval for the Plan of Subdivision (Appendix ‘C’), which incorporates recommendations from Heritage Markham to address the demolition of the previously existing house of heritage significance located at 158 Old Kennedy Road, be approved; and,

9) That the revised draft plan of subdivision (19TM-05019), (Figure 6), be approved; and further,

10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

15. BOX GROVE DEVELOPMENTS INC.
APPLICATIONS FOR OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS TO PERMIT
SINGLE RETAIL PREMISES WITH A MAXIMUM
FLOOR AREA OF 18,000 M² AND A MINIMUM FLOOR
AREA OF 93 M², AND ADDITIONAL USE PERMISSIONS
FOR A SHOPPING CENTRE AT 500 COPPER CREEK DRIVE,
BOX GROVE COMMUNITY
(OP 08-121619 AND ZA 08-121691) (10.3, 10.5)

Report Appendix A-D Appendix E-H Letters

The Commissioner of Development Services briefly highlighted the context of the staff report and addendum materials, including submissions received, and the staff recommendation.

Ms. Susan Rogers, Townsend Rogers LLP, addressed the Committee stating her disagreement to the staff recommendation for the proposed Official Plan and Zoning By-law amendments at 500 Copper Creek Drive. She presented an overview of the site plan, and building elevations, and advised that this proposal will provide a commercial centre that includes both office and retail uses. Ms. Rogers indicated that the site specific policy permits retail up to 6000 m² per store size, and that this is large format. She advised that a market study was completed primarily to determine if increasing the size of a single retail store (Wal-mart) would have any impact and the conclusion of the study was that it would not make a difference. Ms. Rogers believes that this proposal will provide a variety of employment opportunities for the community and that the urban design policies for this site will be fully met. She indicated that the Ontario Municipal Board (OMB) has ruled that a retail job has the same merit as other types of jobs. She pointed out that this proposal will assist in advancing the completion of the Donald Cousens Parkway. Ms. Rogers requested that these applications be approved.

The Committee inquired about the possible employment land conversion implications with respect to the Provincial and Regional policies. Ms. Rogers advised that the Region of York is viewing it as a local matter.

There was considerable discussion with respect to the loss of employment lands and the Town’s desire to maintain a sufficient supply of high quality office/business development lands. The Committee stated concerns why the Town’s 6000 m² policy for these lands cannot be enforced to prohibit this type of development. The Committee questioned the possibility of moving the Wal-mart onto several storeys and also develop office towers on the site. Ms. Rogers advised that the owner would like to proceed with the development in the near future and currently there is no demand for that type of development. She also advised that the major tenant (Wal-mart) prefers the building only for them and one storey in height.

The Committee inquired about the timing of the completion of the Donald Cousens Parkway. Staff anticipate having a recommendation report to the Development Services Committee on May 5, 2009 that will outline principles in relation to the Region of York, Town of Markham and Box Grove Developers for the balance of the Donald Cousens Parkway from Highway 407 to the 9^th Line By-Pass, for commencement of construction in 2009 and completion in 2010.

The Committee noted that while more recent Business Corridor policies limit individual retail store size to 1000 m², this site was grandfathered to allow the original cap of 6000 m², and that the Wal-mart at 18,000 m² may not be much different than what could be constructed under the Official Plan and Zoning. The future site plan approval should demonstrate a high standard of urban design.

Mr. Tom Farrar, Box Grove Community Association, addressed the Committee regarding the proposed shopping centre at 500 Copper Creek Drive and spoke in support of the proposal. He believes this development will be pedestrian and bicycle friendly to the existing Box Grove Community.

The Committee requested that staff ensure that this proposal has proper turning movements and right-in/right-outs for effective movement throughout the development.

Moved by Councillor A. Chiu

Seconded by Councillor E. Shapero

That the correspondence dated April 14, 2009 from Mr. Silvio DeGasperis, Box Grove Hill Developments Inc. for the above subject matter; and,

That the correspondence dated April 8, 2009 from Mr. David Stewart, Box Grove Hill Developments Inc. providing letters of support for the above subject matter from the following;

1. Letter from Northtown Medical Centre Inc. dated April 1, 2009;

2. Letter from Mandarin Restaurant dated April 1, 2009;

3. Letter from Wild Wing dated March 30, 2009;

4. Letter from Bridges Bar & Restaurant;

5. Letter from Anytime Fitness dated March 30, 2009;

6. Letter from Pizza Nova dated April 6, 2009;

7. Letter from Markham-Stouffville Urgent Care Centre dated April 6, 2009; and,

That the correspondence dated April 6, 2009 from Mr. Tom Farrar, Chair, Box Grove Community Association for the above subject matter; and,

That the correspondence dated April 20, 2009 from the Legacy Community Ratepayers’ Association for the above subject matter, and further,

That the correspondence dated April 15, 2009 from Mr. Anthony Longo, President & CEO, Longo's for the above subject matter, be received.

CARRIED

Moved by Mayor F. Scarpitti

Seconded by Regional Councillor J. Jones

1) That the staff report dated April 21, 2009 entitled “RECOMMENDATION REPORT, Box Grove Developments Inc., Applications for Official Plan and Zoning By-law Amendments to permit single retail premises with a maximum floor area of 18,000 m² and a minimum floor area of 93 m², and additional use permissions for a shopping centre at 500 Copper Creek Drive, Box Grove Community, File: OP 08-121619 and ZA 08-121691”, be received; and,

2) That the applications by Box Grove Developments Inc. for Official Plan and Zoning By-law amendments, be approved; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

16. INFORMATION REPORT
SEVEN STAR PLAZA INC
OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENT APPLICATIONS
FOR 8495 MCCOWAN ROAD
(OP 08-120413 AND ZA 08-120455) (10.3, 10.5)

Report

Moved by Councillor C. Moretti

Seconded by Regional Councillor J. Jones

1) That the report entitled “Information Report. Seven Star Plaza Inc. Official Plan and Zoning By-law Amendment Applications for 8495 McCowan Road” be received; and,

2) That staff bring forward a recommendation report regarding the Official Plan amendment and zoning by-law amendment for 8495 McCowan Road, after a site plan application is submitted and a community information meeting is held; and further,

3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.

CARRIED

17. BLOORGUARD INVESTMENT CO. LTD.
SITE PLAN APPLICATION TO PERMIT
A 4918 SQUARE METRE INDUSTRIAL BUILDING
TO ACCOMMODATE A POWERSTREAM WAREHOUSE
AND SERVICE FACILITY
80 ADDISCOTT COURT
(SC 08 124764) (10.6)

Report Attachment

Mr. Baird provided background information related to the Addiscott Court access issues. He presented two aerial photos to the Committee, one that demonstrates the existing temporary easements for the temporary turnaround and the second demonstrates the staff recommended turning circle configuration that would be shared 3-ways equally by Hanna Paper Fibres Limited (Hanna), Riviera Catering Inc. (Riviera) and Bloorguard Investments/PowerStream. He advised that all three companies are agreeable to the proposed turning circle shared equally by each business subject to conditions as outlined in the staff memorandum. He also advised that Hanna and Riviera are requesting financial compensation in order to participate in the land dedication.

Mr. Renzo Belluz, Bianci Presta, LLP, on behalf of Hanna Paper Fibers Limited and Riviera Catering Inc., addressed the Committee stating two conditions with respect to the proposed equally shared turning circle on Addiscott Court. The first condition is physical improvements that Mr. Belluz believes can be settled. The second is financial compensation. Mr. Belluz advised that his clients are now prepared to support binding arbitration to settle the financial compensation provided that there are adequate safeguards in place to ensure the arbitration is fair to all parties involved. He also advised that his clients generally support the proposed staff recommendation.

Mr. George Millar, Hanna Paper Fibres Limited, addressed the Committee with respect to the current situation on Addiscott Court. He advised that he has already discussed his traffic concerns with PowerStream. Mr. Millar illustrated on the aerial photos where travel stacking does sometimes occur.

Mr. Mike Matthews, VP Operations & Construction, PowerStream Inc., addressed the Committee advising that PowerStream requires the entire site for their operations centre. He also advised that PowerStream is agreeable to the proposed 3-way equally shared turning circle configuration and that Bloorguard is prepared to settle the financial compensation through the arbitration mechanism.

Mr. Louie Belcastro, Riviera Catering, addressed the Committee with respect to the traffic congestion on Addiscott Court. He believes that the outstanding issues need to be addressed immediately.

There was discussion regarding the Municipality’s authority to require land dedication, and the suggested arbitration process.

Moved by Councillor D. Horchik

Seconded by Mayor F. Scarpitti

That staff be directed to endorse in principle the site plan application to permit a 4918 square metre industrial building to accommodate a PowerStream warehouse and service facility at 80 Addiscott Court based on the staff recommendation that the cul-de-sac be configured to be shared three ways equally by Hanna Paper Fibres Limited, Riviera Catering and PowerStream; and,

That PowerStream be required to convey to the Town of Markham the lands for the southern 1/3 portion of the cul-de-sac; and further,

That in the event that the Town of Markham does require the lands from Hanna Paper Fibres Limited and Riviera Catering for a permanent cul-de-sac to be conveyed to the Town, provided that Hanna Paper Fibres Limited, Riviera Catering and Bloorguard Investment Co. Ltd. all consent, the compensation payable by Bloorguard for the lands, based on the market value of the lands, shall be determined through binding arbitration.

CARRIED

18. AWARD OF TENDER #029-T-09
WOODBINE BY-PASS CONSTRUCTION
ELGIN MILLS ROAD TO HONDA BOULEVARD
PHASES 2 AND 3A (7.12.2)

Report Attachment A Attachment B

Moved by Mayor F. Scarpitti

Seconded by Councillor J. Virgilio

1) That the report entitled “Award of Tender # 029-T-09 Woodbine Avenue By-pass Construction – Phases 2A, 2B, and 3A” be received; and,

2) That the tender be awarded to Con-drain Company (1983) Ltd., in the total amount of $2,678,869.08, inclusive of 1.5% discount for payment within 15 business days and exclusive of GST, subject to the receipt of funding as described in this report; and,

3) That the tender award be subject to execution of the Tri-Party Agreement between the Region of York, Town of Markham and the 404 North Developers or alternative legal arrangements to the satisfaction of the Chief Administrative Officer and Town Solicitor; and,

4) That a contingency amount of $267,886.91, exclusive of GST be established to cover any additional construction costs and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit with monthly reporting to the Town Treasurer; and,

5) That staff be authorized to issue a Purchase Order to Powerstream Ltd. up to a maximum amount of $80,000 to cover the cost of connecting the street lighting and traffic signal systems to the existing electrical distribution network; and,

6) That staff be authorized to retain Masongsong Associates Engineering Limited as preferred supplier to provide construction inspection, contract administration services, geotechnical material testing, and inspection of electrical works during construction of the project to an upset limit of $215,173.00 exclusive of GST, in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1); and,

7) That a contingency amount of $31,500 exclusive of GST be established to cover any additional construction inspection, contract administration costs, geotechnical material testing, inspection of electrical works and that the Director of Engineering be authorized to approve expenditure of this contingency amount up to the specified limit with monthly reporting to the Town Treasurer; and,

8) That the sidewalk and illumination portions of the tender $235,034.77 and $185,353.59 respectively, exclusive of GST be funded from the Engineering Department’s Capital Accounts #83-5350-9302-005, and # 83-5350-9301-005; and,

9) That staff be authorized to obtain competitive quotes from Masongsong Associates Engineering and AECOM for the contract administration and inspection for Phase 1A and 3B before the tendering process for such construction projects, and retain AECOM or Masongsong as preferred supplier for such contract administration and inspection in accordance with Purchasing By-law 2004-341, Part II, Section 7(i); and,

10) That the funding be provided from the summary listed in the Financial Considerations section of this report. And that all funding received from external sources (ie. Region of York, Cathedral Developers Group, and 404 North Developers Group) be deposited into Engineering Department’s Capital Account # 83-5350-8441-005; and further,

11) That staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.

CARRIED

NEW BUSINESS

There was no new business.

ADJOURNMENT

The Development Services Committee meeting adjourned at 1:08 PM.