February
23, 2010
COUNCIL MINUTES Council Chamber, Civic Centre
Meeting No. 3
Alternate
formats for this document are available upon request
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik.
REGRETS
Councillor L. Kanapathi, Councillor A. Chiu.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
P. Loukes, Director, Operations
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
J. Lustig, Treasurer
K. Kitteringham, Town Clerk
A. Brouwer, Deputy Clerk
J. Wong, Technology Support
Specialist
A. Rose, Manager, Community Relations
K. Graver,
Senior Communications Advisor
R. Capocci, Chief of Staff
The Regular Meeting of Council was held on February 23, 2010 at 7.06 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. MINUTES
(1) COUNCIL MINUTES - FEBRUARY 9, 2010
Moved by Councillor J. Webster
Seconded by Councillor C. Moretti
That the Minutes of the Council Meeting held on February 9, 2010, be adopted.
CARRIED
3. PRESENTATIONS
There were no presentations.
4. DELEGATIONS
(1) Paul Bourbonniere, Angus Glen Ratepayers Association, addressed Council regarding Motion 1, titled "Growth Management Strategy" and spoke in opposition to the motion. (10.0)
(2) Tom Farrar, Save our Markham
(3) Jim Robb, Rouge Duffins Greenspace Coalition, addressed Council regarding Motion 1, titled "Growth Management Strategy" and spoke in favour of the motion. He distributed a written overview of his comments to Council. (10.0)
(4) Toinette Bezant, President, Bayview Glen Residents Association, addressed Council regarding Motion 1, titled "Growth Management Strategy" and spoke in favour of the motion. (10.0)
(5) Dianne More addressed Council regarding Motion 1, titled "Growth Management Strategy" and spoke in favour of the motion. (10.0)
(6) Joan Jenkyn addressed Council regarding Motion 1, titled
"Growth Management Strategy", and spoke in favour
of the motion. (10.0)
(7) Kim Empringham, York Region Federation of Agriculture, addressed
Council regarding Motion 1, titled "Growth Management Strategy" and
spoke in opposition to the motion. (10.0)
(8) Donald C. Hindson,
Cattanach Hindson Suton VanVeldhuizen LLP, addressed
Council regarding Motion 1, titled "Growth Management Strategy", and
spoke in opposition of the motion.
(10.0)
(9) Joe Vaccaro, Building Industry and Land Development Assoication, addressed Council on Motion 1, titled
"Growth Management Strategy", and spoke in opposition of the motion. (10.)
(10) Tupper Wheatley, Milne
Park Conservation Association, addressed Council on Motion 1, titled
"Growth Management Strategy", and spoke in favour
of the motion. (10.0)
(11) Marion Matthias, addressed Council regarding Motion 1, titled "Growth Management Strategy", and spoke in favour of the motion. (10.0)
(12) Tammy Mang, Markham Jazz Festival, addressed Council regarding Communication No. 6-2010 and spoke in favour of the request for road closure to facilitate the Festival being held on August 21 and 22, 2010. (3.5)
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor G. Landon
That Council receive Delegation Nos. (1) to (12).
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor E. Shapero
That Council
consider Motion 1 titled "Growth Management Strategy" immediately
following the receipt of Delegation Nos. (1) to (12).
(See following Motion 1 for
Council's decision on this matter)
CARRIED
5. PETITIONS
There were no petitions.
6(a) REPORT NO. 6 - GENERAL COMMITTEE (February 8, 2010)
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Report No. 6 - General Committee comprised of 1 item be received and adopted.
(1) ADVISORY
COMMITTEE RESIGNATIONS (16.24)
1) That the resignation of Ms. Serena Chin and Mr. Justin Chin from the Environmental Advisory Committee be received with regret and letters of appreciation be forwarded; and,
2) That the vacancies be filled.
CARRIED
6(b) REPORT NO.
7 - DEVELOPMENT SERVICES COMMITTEE
(February 16, 2010 )
Council consented to separate Item No. 6.
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 7 - Development Services Committee comprised of 7 items
be received and adopted, except Item No. 6. (See following Item No. 6)
(1) DENISON STREET & MIDDLEFIELD ROAD
PROPOSED PARKING PROHIBITION
(5.12.4)
1) That
the staff report entitled “Denison Street & Middlefield Road Proposed
Parking Prohibition”, be received; and,
2) That Schedule “C” of Traffic By-law 2005-188, be amended by
including both sides Denison Street from Middlefield Road to point 90 metres
west thereof; and,
3) That Schedule “C” of Traffic By-law 2005-188, be amended by
including both sides Denison Street from Middlefield Road to point 30 metres east
thereof; and,
4) That Schedule “C” of Traffic By-law 2005-188, be amended by
including both sides Middlefield Road from Denison Street to point 80 metres
north thereof; and,
5) That Schedule “C” of Traffic By-law 2005-188, be amended by
including both sides Middlefield Road from Denison Street to point 30 metres south
thereof; and,
6) That
the Operations Department be directed
to install the appropriate signs at the subject locations, funded
through the Operations Department account # 83-5399-8402-005; and,
7) That
the Operations Department be directed to maintain the signs at the subject
locations; and,
8) That
the Parking Control Department be directed to enforce the parking prohibition
upon installation of the signs; and further,
9) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2010-13)
CARRIED
(2) PROPOSED ADULT SCHOOL CROSSING GUARD
SERVICE AT RIVERWALK DRIVE AND
BARTER STREET / REVISION TO
CROSSING GUARD
APPROVAL PROCESS (3.16)
1) That the staff report entitled “Proposed Adult School Crossing Guard Service at Riverwalk Drive and Barter Street / Revision to Crossing Guard Approval Process”, be received; and,
2) That the Operations Department be authorized to establish an adult school crossing guard service at the intersection of Riverwalk Drive and Barter Street, at a cost of $4,934.64 per annum, exclusive of GST; and,
3) That the adult school crossing guard services be funded
through the 2010 budget, account # 740-998-5642; and,
4) That the Operations Department be directed to install the
school crossing signs and crosswalk pavement markings, funded by capital account
# 83-5399-8402-005; and,
5) That additional school crossing guard services be
implemented as warranted and approved by the Director of Operations, with
notification provided to the applicable Ward Councillor and without providing a
staff report to Council; and,
6) That a staff memorandum be provided to the applicable Ward
Councillor advising of new location(s); and further,
7) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(3) MORRIS KANSUN (MARKHAM VILLAGE SHOPPES
LIMITED)
SITE PLAN CONTROL
APPLICATION FOR
58-72 MAIN STREET NORTH
MARKHAM VILLAGE HERITAGE CONSERVATION
DISTRICT
(SC 09 111099) (10.6)
1) That the Development Services Commission Report entitled “Recommendation Report, Morris Kansun (Markham Village Shoppes Limited) Site Plan Control Application for 58-72 Main Street North, Markham Village Heritage Conservation District” dated February 16, 2010 be received; and,
2) That Council has no objection to the demolition of the existing non-heritage building located at 58-72 Main Street North; and,
3) That the Site Plan Application (SC 09 111099) submitted by Morris Kansun (Markham Village Shoppes Limited) to construct a new 12, 246 m2 6 storey, 142 residential condominium and 1,221 m2 of retail space fronting Markham Main Street North, be endorsed in principal, subject to the conditions attached as Appendix ‘C’; and,
4) That site plan approval be delegated to the Director of Planning and Urban Design, to be issued only when the Director or her designate has signed the site plan; and,
5) That the development be allocated 142 units (322.3 people) of servicing allocation from the 152 units (345 people) that was originally assigned to this project and that 7 units (15.9 people) be returned to the Town’s Servicing Allocation Reserve; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(4) BEST HOMES CANADA INC.
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO PERMIT RESIDENTIAL LOTS ON
THE FUTURE
EXTENSION OF HAMMERSLY
BOULEVARD
WISMER COMMONS COMMUNITY
(ZA 08-120818) (10.5)
1) That
the report entitled “Recommendation Report, Best Homes Canada Inc. Application
for Zoning By-law Amendment to permit residential lots on the future extension
of Hammersly Boulevard, Wismer
Commons Community, File Number ZA 08-120818, dated February 16, 2010” be
received; and,
2) That the record of the Public Meeting held on October 20, 2009, regarding the applications for approval of Draft Plan of Subdivision and implementing Zoning By-law be received; and,
3) That
the application submitted by Best Homes Canada Inc. to amend Zoning By-laws
304-87 and 177-96, as amended, as they apply to certain low density lands
fronting Hammersly Boulevard, be approved and the
draft by-laws attached as Appendix ‘A’ be finalized and enacted without further
notice; and,
4) That
conditional 2011 servicing allocation for 5 units (15.8 population) be granted
from the total allocation assigned to the applicant in accordance with the May
19, 2009 report on servicing allocation; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2010-14 and 2010-15)
CARRIED
(5) APPLICATIONS BY MONARCH DEVELOPMENTS
CORPORATION - PART
OF LOT 22, CONCESSION 3
WEST SIDE OF WOODBINE AVENUE
NORTH OF
MAJOR MACKENZIE DRIVE FOR:
RED-LINE
REVISIONS TO PHASE I OF
DRAFT PLAN OF SUBDIVISION
19TM-05009
(CATHEDRAL TOWN SOUTH) (FILE
#’S SU 05 011381);
DRAFT PLAN OF
SUBDIVISION APPROVAL AND
REZONING OF PHASE II OF PLAN 19TM-05009
(CATHEDRAL TOWN SOUTH)
(FILE #’S SU 05 011381 001
& ZA 08 112151);
APPLICATIONS BY
KING DAVID DEVELOPMENTS
- PART OF LOT 22 CONCESSION 3, WEST SIDE OF
WOODBINE AVENUE NORTH OF MAJOR
MACKENZIE DRIVE FOR:
RED-LINE REVISIONS TO
DRAFT PLAN OF SUBDIVISION
AND REZONING TO INCORPORATE A PHASE
III INTO THE AREA
OF DRAFT PLAN APPROVAL FOR
PLAN 19TM-05009
(FILE # SU 05 011381 002 (ZONING FILE
TO BE DETERMINED))
((10.7, 10.5)
1) That the report dated February 16, 2010, entitled “Recommendation Report - Applications by Monarch Developments Corporation - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:
- Red-line Revisions to Phase I of Draft Plan of Subdivision
19TM-05009 (Cathedral Town South) (file #’s SU 05 011381);
- Draft
Plan of Subdivision Approval and Rezoning of Phase II of plan 19TM-05009 (Cathedral Town South) (file #’s
SU 05 011381 001 & ZA 08 112151); and,
Applications by King David Developments - Part of Lot 22 Concession 3, West side of Woodbine Avenue north of Major Mackenzie Drive for:
- Red-line revisions to Draft Plan of Subdivision and Rezoning to incorporate a Phase III into the area of Draft Plan
Approval for plan 19TM-05009 (file # SU
05 011381 002 (Zoning File to be determined)).”
be received; and,
2) That
Redline revisions to Phase I of Draft Plan of Subdivision 19TM-05009 prepared
by Design Plan Services, identified as Project Number 0238-120 dated January 28,
2010, be approved subject to conditions of draft plan approval set out in
Appendix ‘A’ to this report; and,
3) That the record of the public meeting held on September 16, 2008, relating to the Phase II applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by Monarch Corporation, located on the west side of Woodbine Avenue, north of Major MacKenzie Drive, within the West Cathedral Community, be received; and,
4) That Phase II of Draft Plan of Subdivision 19TM-05009 prepared by Design Plan Services, identified as Project Number 0238-120 dated January 28, 2010, be approved subject to conditions of draft plan approval set out in Appendix ‘B’ to this report; and,
5) That
the Director of Planning and Urban Design be directed to issue draft plan
approval for the Phase II lands upon:
a. the
applicant executing an Indemnity Agreement with the Region of York pertaining
to Regional infrastructure projects and servicing allocation for Phase II of
Draft Plan of Subdivision 19TM-05009; and,
b. the Owner providing to the Town the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law; and,
6) That servicing allocation for 172 units be granted to Phase II of plan of subdivision 19TM-05009 and 52 units be reassigned from King David Developments to Phase III of plan of subdivision 19TM-05009 from the total allocation for the Cathedral Community, assigned in accordance with the May 19, 2009 report on servicing allocation; and,
7) That the Town reserves the right to revoke or reallocate the servicing allocation assigned to Phases II & III should the developments not proceed in a timely manner; and,
8) That the Region of York be advised of the servicing allocation for Phases II & III of these developments; and,
9) That
the draft amendments to Zoning By-laws 304-87 and 177-96 for the Phase II
lands, attached to this report as Appendices C and D, be finalized and enacted; and,
10) That a Public Meeting be held to consider the applications by King David Developments for draft plan approval and zoning By-law amendment to incorporate lands to the north (identified as Phase III) into the Phase II lands of plan of subdivision 19TM-05009 owned by Monarch Developments; and further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2010-16 and 2010-17)
CARRIED
(6) TOWN OF MARKHAM COMMENTS ON
THE REGION OF YORK OFFICIAL
PLAN,
AS ADOPTED DECEMBER 16, 2009
(EDITED APPENDIX A: REQUESTED
MODIFICATIONS
TO THE YORK REGION OFFICIAL
PLAN) (10.17)
Report Attachment Memo Edited Appendix A
1) That
this memo entitled “Town of
2) That Development Services Committee adopt the edited Appendix A attached; and,
3) That prior to approval, the Ministry of Municipal Affairs be requested to make the modifications to the Region of York Official Plan, as discussed in this memorandum and the report dated February 2, 2010 entitled “Town of Markham Comments on the Region of York Official Plan, as adopted December 16, 2009” and listed in edited Appendix ‘A’, attached; and,
4) That the Region of York’s Planning and Development Services Commission – Long Range and Strategic Planning Department be requested to clarify the additional policy matters identified in this memorandum and the report dated February 2, 2010 entitled “Town of Markham Comments on the Region of York Official Plan, as adopted December 16, 2009”; and,
5) That the Ministry and the Region be requested to consult with the Town of Markham in considering any other proposed modifications or revisions to the Regional Official Plan that would affect policies or schedules pertaining to lands in the Town of Markham ; and,
6) That
the Region of York be thanked for the removal of original asterisks from Map 1
of the Plan, which had conceptually depicted potential future urban expansion
lands in Markham; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Council consented to add the following as resolution No. 6:
"That the
Region of York be thanked for the removal of original asterisks from Map 1 of
the Plan, which had conceptually depicted potential future urban expansion
lands in Markham;"
(7) ONTARIO MUNICIPAL BOARD APPEALS
1771107 ONTARIO LIMITED
(“TIMES GROUP”)
SOUTH SIDE OF HIGHWAY 7, EAST
OF WARDEN AVENUE
ZONING AND DRAFT PLAN OF
SUBDIVISION APPLICATIONS
(ZA 07 133350 AND SU 07 133313
) (10.5, 10.7)
1) That
the report entitled “PRELIMINARY RECOMMENDATION REPORT, Ontario Municipal Board
Appeals, 1771107 Ontario Limited (“Times Group”), South side of Highway 7, east
of Warden Avenue, Zoning and draft plan of subdivision applications, Planning File
Numbers: and ZA 07 133350 and SU 07
133313” be received; and,
2) That
Council endorse applications ZA 07 133350 and SU 07 133313, in principle, as
outlined in this report; and,
3) That
Council endorse in principle the precinct plan drawing prepared by Kirkor Architects and Planners, dated January 12, 2010, for
the Centre North District- Precinct 5, but only in relation to the Times Group
lands (as shown on Figure 2 ) together with the
densities (residential, retail and employment) and building heights per
development block as outlined in this report; and,
4) That
staff report to Council separately on the status of the precinct plan as it
pertains to the Aryeh Construction Ltd. lands on the
east side of Warden Avenue, south of Highway 7, and on the status of the Aryeh OMB appeals, prior to commencement of any hearing in
connection with those appeals; and,
5) That
staff prepare a zoning by-law and conditions of draft plan approval for
the Times Group lands based on the
recommendations of this report and Council’s endorsement of same, and provide a
status report to Council prior to commencement of the May 4, 2010 OMB hearing
for the Times Group appeals; and,
6) That
in the event of an appeal by Times Group in connection with Planning File OP 09
128896, staff work with the applicant on the wording of an Official Plan
Amendment based on the recommendations of this report; and,
7) That
staff be authorized to enter into negotiations with the Times Group regarding a
Section 37 contribution, to form the basis of a draft Section 37 Agreement to
be brought back to Council for consideration; and,
8) That
staff continue settlement discussions with Times Group and all other parties
having an interest in the Times Group appeals with a view to resolving any
outstanding issues, and if necessary, seek mediation before the OMB; and,
9) That
the Town Solicitor and staff attend the OMB hearing concerning the Times Group
appeals scheduled to commence on May 4, 2010; and further,
10) That staff be authorized to do all things necessary to give effect to these resolutions.
CARRIED
6(c) REPORT NO. 8 - GENERAL COMMITTEE (February 22, 2010)
Council consented to add Report No. 8.
Moved by Regional Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Report No. 8 - General Committee comprised of 2 items received and adopted.
(1) AWARD OF TENDER 027-T-10
ADDITIONS AND RENOVATIONS OF
THORNHILL COMMUNITY CENTRE
AND LIBRARY (6.6 & 7.12)
1) That staff report entitled “Award of Tender 027-T-10, Additions and Renovations of Thornhill Community Centre and Library” be received; and,
2) That the contract for Tender 027-T-10, Additions and Renovations of Thornhill Community Centre and Library be awarded to the lowest price bidder, Charterhouse Projects Inc. in the amount of $3,140,000 exclusive of GST; and,
3) That a construction contingency be established in the amount of $471,000 (15% of construction award) exclusive of GST be established to cover any additional construction costs and that the Director of Recreation Services be authorized to approve the expenditure of this contingency amount up to the specified limit and to provide a monthly statement of these expenditures to the Town Treasurer; and,
4) That
a architectural services contingency be established in the amount of $47,000
(13 % of architectural services award) exclusive of GST to cover any additional
consultant costs and awarded to W.K. Lim Architect, and that the Director of
Recreation Services be authorized to approve the expenditure of this
contingency amount up to the specified limit and to provide a monthly statement of these expenditures to
the Town Treasurer; and,
5) That
an additional amount of $50,000 exclusive of GST be allocated to FF&E budget (increasing from
$710,000 to $760,000); and,
6) That staff be authorized to retain a contractor(s) for landscaping and site security to an upset limit of $200,000 in accordance with Purchasing By-Law 2004-341; and,
7) That the Commissioner, Community & Fire Services be authorized to re-allocate the funds identified within recommendations 3,4,5,6 such that the total expenditures do not exceed the allocated funds of $768,000; and,
8) That Staff report back to General Committee on the use of the $539,000 balance remaining prior to June 21, 2010, in compliance with the Infrastructure Stimulus Fund agreement; and,
9) That
the Award of Tender 027-T-10
be funded from 070-5350-9515-005 Thornhill
CC & Library Renovation; and further,
10) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(2) SPRING AND YEAR ROUND LOAD RESTRICTIONS
FOR THE TOWN OF MARKHAM’S ROAD
NETWORK (5.0)
1) That
the report titled ‘Spring and year round load
restrictions for the Town of
2) That the gross weight of commercial vehicles be restricted to 5 tonnes per axle on all public highways under the jurisdiction of the Town of Markham, from March 1, 2010 to April 30, 2010, according to the attached by-law “Appendix A ”; and,
3) That should adverse spring thaw conditions be encountered due to a harsh winter, at the discretion of the Director of Operations, the load restrictions be extended up to May 31, 2010 (up to four weeks); and,
4) That the gross vehicle weight of commercial vehicles be restricted to 5 tonnes per axle for the hard surfaced Town roads listed in Appendix ‘B’, from March 1, 2010 to February 28, 2011, according to the attached by-law “Appendix B”; and,
5) That according to the Highway Traffic Act Sec. 122(4) the restrictions would exempt vehicles operated by or on behalf of the municipality and school busses; and,
6) That the Director of Operations be authorized to grant exemptions to the By-law to permit heavy vehicular loads, at his discretion; and further,
7) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2010-20 and 2010-21)
CARRIED
7. MOTIONS
(1) GROWTH
MANAGEMENT STRATEGY (10.0)
Whereas
Markham is working on its Growth Management Strategy and preparing a new Official
Plan; and
Whereas
in this process, Markham is dealing with provincial and regional mandated
population targets of 151,000 additional residents between 2006 and 2031; and
Whereas
approximately 30,000 have already been accommodated to 2010 within Markham’s
current urban boundary; and
Whereas,
according to the Town’s 60% intensification option, at least 90,000 new
residents can be accommodated within the existing urban boundary in
single-family, semi, townhouse, low-rise condo, and high-rise condo units
within proximity to anticipated higher-order transit; and
Whereas
40,000 of the 151,000 are proposed to be accommodated within the “white-belt”
residential area outside the current urban boundary; and
Whereas
neighbouring municipalities in the Greater Toronto Area are also conducting
studies and devising strategies to accommodate provincial growth targets, and
some municipalities have excess capacity in areas already served by
higher-order transit, to which an allocation could be transferred by the Province
and / or York Region; and
Whereas
food security, the potential loss of Class #1 agricultural farmland (of which
all the remaining farmland in Markham is) and climate change are priority
factors for Markham in planning its Growth Management Strategy and new Official
Plan; and
Whereas
the addition of 40,000 residents in the “white-belt” (generally north of Major
Mackenzie) which may not be served by higher-order transit for decades if ever,
will add unmanageable additional traffic to Markham’s gridlock and infiltration
headaches in residential communities, both of which are experienced regularly
by current Markham residents;
Now
therefore be it resolved:
1) That
Markham request the Province and York Region to reduce the population target
for Markham in its new Official Plan by 40,000; and
2) That
DEFERRED
(See following motion to defer)
The
Notice of Motion (1) titled "Growth Management Strategy" was distributed to Council at its meeting held on February 9, 2010 (moved
by Deputy Mayor J. Heath and seconded by Regional Councillor J. Virgilio).
Moved by Councillor D. Horchik
Seconded by Councillor C. Moretti
That Motion (1),
titled
"Growth Management Strategy", be deferred until such time as the "Markham's
Growth Alternatives to 2031" is considered by Council.
CARRIED BY A RECORDED VOTE (9:2)
(See following recorded vote)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor G. Landon, Regional Councillor J. Virgilio, Councillor V. Burke, Councillor E. Shapero, Councillor D. Hamilton, Councillor C. Moretti, Councillor D. Horchik. (9)
NAYS: Regional Councillor J. Jones, Councillor J. Webster. (2)
ABSENT: Councillor L. Kanapathi, Councillor A. Chiu. (2)
(See following motion to move the matter forward)
Moved by Councillor D. Horchik
Seconded by Councillor E. Shapero
That
Council consider Motion 1 titled "Growth Management Strategy"
immediately following the receipt of Delegation Nos. (1) to (12).
CARRIED
8. NOTICES OF MOTIONS
There were no notices of motions.
9. COMMUNICATIONS
Council consented to add Communication Nos. 7-2010 to 9-2010.
Councillor D. Hamilton drew Council's attention to Communication No. 9-2010 regarding the objection to the Markham Jazz Festival.
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Horchik
That Council receive and consent to the
disposition of communications in the following manner:
Referred
to all Members of Council
5-2010 Paula Roberts, Chair
- Forwarding a request to close the following roads to facilitate the Unionville Village Festival:
Saturday, June 5, 2010 (7:00 a.m. - 7:30 p.m.)
- Main
Street Unionville north from Highway 7 to south of The Bridle Trail
- Fred
Varley Drive west from Main Street to east of Fonthill Boulevard
- Fred
Varley Drive west of EJ Lennox Way east of plaza
driveway will have limited access for residents
- Carlton
Road west of Wembley Avenue to Chambery Crescent
- No
access from Main Street Unionville east onto:
Eckardt Avenue
Maple
Lane
Victoria
Avenue
Carlton
Road
- No
access from Main Street Unionville west onto:
Pavilion
Street
Euclid
Street
Station
Lane
Fred Varley Drive
Main
Street Lane (west)
Carlton
Road (east & west)
- No
access from Main Street Unionville east onto Library Lane & The Bridle
Trail
- No
access from Main Street Unionville west onto Toogood
Pond Park
Sunday, June 6, 2010 (8:00 a.m. - 6:00 p.m.)
- Main
Street Unionville north from Concession Road to south of Carlton Road
- No
access from Main Street Unionville east onto Carlton Road
- No access from Main Street Unionville west
onto Fred Varley Drive & Carlton Road (3.5.4) Info
6-2010 Linda Briggs,
Executive Director - Forwarding a request to close the following roads to
facilitate the Markham Jazz Festival:
Saturday, August 21, 2010 (10:00 a.m. - 8:00 p.m.)
Sunday, August 22, 2010 (10:00 a.m. - 6:00 p.m.)
- Main Street Unionville, north of Carlton Road and south of Library Lane.
(3.5) Info
Referred to Commissioner of
Development Services
7-2010 Peter
Swinton, Manager of Urban Design, PMG Planning
Consultants - Forwarding their concerns regarding the zoning and draft plan of
subdivision applications for 1771107 Ontario Limited (“Times Group”), south
side of Highway 7, east of Warden Avenue
(Item No. 7, Report No. 7)
8-2010 Communications regarding Motion 1, titled "Growth Management Strategy" (10.0):
- Marianne Yake (in support of the motion)
- Maureen Flynn, Wingsong Wildlife Presentation Alliance (in support of the motion)
- Art Jaszczyk (in support of the motion)
Referred to Acting of Director Corporate Communications and Community
Relations
9-2010 Greg McCormick,
Chair, Unionville BIA - Forwarding their objection to the road closure for
Markham Jazz Festival. (3.5)
(Communication No. 6-2010)
CARRIED
10. PROCLAMATIONS
There were no proclamations.
11. NEW/OTHER BUSINESSES
(1) MARKHAM CIVIC CENTRE
ARTIFICIAL ICE RINK UPDATE (6.1)
On February
22, 2010, General Committee referred the consideration of the recommendation
regarding Markham Civic Centre Artificial Ice Rink Update to the Council
meeting this date.
1) That the report dated February 22, 2010 and entitled “Markham Civic Centre Artificial Ice Rink Update” be received; and,
2) That the attached Conceptual Site Plan as presented herein for the Markham Civic Centre Artificial Ice Rink be approved in principle; and,
3) That staff proceed with further detailed design work, preparation of working drawings, tendering and tender award as required for the construction of the new ice rink and associated works; and,
4) That the Chief Administrative Officer (CAO) be delegated authority to award the construction tender to the successful bidder provided that the project is within budget or can be made to come within budget through selected scope changes or price negotiation with the lowest priced bidder; and,
4) That the Director of Planning and Urban Design be delegated authority for Site Plan Approval; and,
5) That additional funding in the amount of $600,000 be provided to this project and funded from the Development Charges Reserve (90% of $600,000) and Lifecycle Replacement and Capital Reserve Fund (10% of $600,000) and transferred to a Capital Project to be set up separately; and,
6) That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, 1(b), Non-Competitive Procurement, where there is only one source of supply for the goods to be purchased, and that Council authorize staff to proceed with Cimco Eco Chill energy efficient refrigeration system to an upset amount of $1,125,680; and,
7) That
staff in Asset Management be authorized to hire a consultant to investigate the
sediment in the Civic Centre pond including evaluating the quantity and quality
of the sediment and to develop a strategy for the eventual removal and disposal
of the sediment including cost implications. Asset Management staff will report
back to Council on whether this work should be undertaken coincident with this ice
rink project or not, and further,
8) That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following motion)
Moved by Councillor C. Moretti
Seconded by Councillor J. Webster
That recommendation regarding Markham Civic Centre Artificial Ice Rink Update be received and adopted.
CARRIED
12. BY-LAWS
Council consented to add By-laws 2010-20 and 2010-21.
Moved by Regional Councillor J. Jones
Seconded by Councillor D. Hamilton
That By-laws
2010-13 to 2010-18 and By-laws 2010-20 and 2010-21 be given three readings and
enacted.
Three Readings
BY-LAW 2010-13 A by-law to amend Parking By-law
2005-188 (Denison Street & Middlefield Road Parking Prohibition).
(Item No. 1, Report No. 7)
BY-LAW 2010-14 A by-law to amend By-law 304-87, as amended (Best Homes Canada
Inc., Concession 7, Part lot 18, 9582 Highway 48, Wismer
Commons Community - To delete subject lands from By-law 304-87, as amended, so
they may be incorporated into By-law 177-96, as amended, to permit the
development of four semi-detached lots and one single-detached lot).
(Item No. 4, Report No. 7)
BY-LAW 2010-15 A by-law to amend By-law 177-96, as
amended (Best Homes Canada
(Item No. 4, Report No. 7)
BY-LAW 2010-16 A by-law to amend By-law 304-87, as
amended (Monarch Corporation, Cathedral Town South Subdivision, 19T-05009, Part
of Lot 22, Concession 3 - To remove subject lands from By-law 304-87, as
amended, so that they may be incorporated into By-law 177-96, as amended, to permit
a proposed plan of subdivision).
(Item No. 5, Report No. 7)
BY-LAW 2010-17 A by-law to amend By-law 177-96, as
amended (Monarch Corporation, Cathedral Town South Subdivision, 19T-05009, Part
of Lot 22, Concession 3 - To permit a proposed plan of subdivision).
(Item No. 5, Report No. 7)
BY-LAW 2010-18 A by-law to dedicate certain lands as
part of the highways of the Town of Markham
BY-LAW 2010-20 A by-law to provide for load restriction limiting loads to 5
tonnes per axle on all public highways in the Town of Markham from March 1,
2010 to April 30, 2010 and extended up to May 31, 2010 at the discretion of the
Director of Operations (Exceptions will be made for the streets listed in
Clause 2 and for vehicles operated by or on behalf of the municipality, where
the vehicles are engaged in highway maintenance, transportation of fire
apparatus, transportation of waste, public utility emergency vehicles and
school busses as stated in Sec. 122(4) of the Highway Traffic Act).
(Item No. 2, Report No. 8)
BY-LAW 2010-21 A by-law to provide year-round load restriction limiting loads
to 5 tonnes per axle on all Town's rural roads as listed on the by-law from
March 1, 2010 to February 28, 2011 (Exceptions will be made for vehicles
operated by or on behalf of the municipality, where the vehicles are engaged in
highway maintenance, transportation of fire apparatus, transportation of waste,
public utility emergency vehicles and school busses as stated in Sec. 122(4) of
the Highway Traffic Act).
(Item No. 2, Report No. 8)
CARRIED
13. IN-CAMERA ITEMS
Council considered In-Camera Item (1) regarding "Land Acquisitions for South Unionville Avenue - Status of Negotiated Settlements" during the regular session and did not resolve in-camera session for discussion of this matter.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE- February 16, 2010
(1) LITIGATION OR POTENTIAL
LITIGATION
- LAND ACQUISITIONS FOR SOUTH UNIONVILLE AVENUE
STATUS OF NEGOTIATED SETTLEMENTS (8.0)
1) That the report entitled "Land Acquisitions for South Unionville Avenue - Status of Negotiated Settlements" be received; and,
2) That Staff be authorized and directed to take the actions set out in this report.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Hamilton
That Council resolve into in-camera session to receive an update on the proposed acquisition of land by Mr. David Pearce, Manager of Real Property.
(9:55 p.m.)
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor D. Hamilton
That Council rise from in-camera session and re-convene regular session.
(10:15 p.m.)
CARRIED
(2) PROPOSED ACQUISITION OF LAND (8.6)
Council was provided with an update on the proposed acquisition of land by Mr. David Pearce, Manager of Real Property. (This matter was referred from the General Committee meeting held on February 22, 2010)
14. CONFIRMATORY BY-LAW
Moved by Councillor V. Burke
Seconded by Councillor E. Shapero
That By-law 2010-19
be given three readings and enacted.
Three Readings
BY-LAW 2010-19 A by-law to confirm the proceedings of
the Council meeting of February 23, 2010 .
(Council Meeting No. 3, 2010)
CARRIED
15. ADJOURNMENT
Moved
by Councillor V. Burke
Seconded by Councillor D. Hamilton
That the meeting do adjourn.
CARRIED
Council adjourned at 10:18 p.m.
___________________________________ _____________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
TOWN CLERK MAYOR
(Signed)