2008-06-24
COUNCIL MINUTES Council Chamber, Civic Centre
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Heath, Regional Councillor J. Jones, 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 24, 2008 at 7:04 p.m. in the Council Chamber, Civic Centre. Mayor F. Scarpitti presided.
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
C. Conrad, Town Solicitor
K. Kitteringham, Deputy Clerk
B. Cribbett, Treasurer
J. Wong, Technology Support
Specialist
P. Loukes, Commission Lead, Operations and
Waterworks
A. Seabrooke, Commission Lead, Library Services,
Fire Services, and Recreation & Culture
C. Raynor, Committee Clerk
B. Nanninga, Executive Assistant
J. Carnegie, Director of Corporate Communications
D. Flaherty, Manager - Strategic Communications
S. Birrell, Town Clerk
B. Wiles, Manager of Enforcement
S. Laing, Director of Human Resources
Moved by Councillor A. Chiu
Seconded by Councillor L. Kanapathi
That the Minutes of the Council Meeting held on June 10, 2008, be adopted.
CARRIED
Council consented to add Presentation (5).
Mr.
Lorne Smith, Town Historian, provided a presentation regarding Town's cultural alliance
with Nordlingen, Germany. He also
presented information on the upcoming visit of Lord Mayor Hermann Faul with Councillors and boys of the Knabenkapelle
(youth band), Nordlingen, Germany, on August 28 until September 6, 2008.
Moved by Councillor J. Webster
Seconded by Councillor C. Moretti
That Council receive the presentation of Mr. Lorne Smith, Town Historian, regarding Town's cultural alliance with Nordlingen, Germany.
CARRIED
Council was presented with the 2008 Willis
Award for Innovation regarding "Click with Markham" - A Unique Public
Engagement Program. The Canadian
Association of Municipal Administrators (CAMA) recognizes the value of
excellence and professionalism in municipal administration through their annual
national awards program in Canada. The
awards are presented to local governments in recognition of their creativities
and successful programs, projects or services.
Mr. Paul Scarafile, Regional
Solutions Manager, Canada and Mr. Brian Del Vecchio, Senior Account Executive, Project
& Business Development, Johnson Controls L.P., were in attendance to
present the award.
Council recognized and thanked Superintendent Wayne Kalinski, York Regional Police, District 5, for the support given to the community of Markham and for making the streets safer. Superintendent Kalinski has been with the district since 2002.
Council recognized
the following winners of the 2007 Silver Dolphin Awards:
Local and Provincial Aquatic Achievement Award 2007:
- Brendon
Voumvakis
- Matthew
Li
National and International Aquatic Achievement Award 2007:
- Benn Stubbs
Council
presented a Certificate of Appreciation to retiring Town Clerk Sheila Birrell,
in recognition of her 38 years of public service and thanked her for the
significant contributions she has made to the Town of Markham over the past 8
years.
__________________________________
Moved by Deputy Mayor J. Heath
Seconded by
Regional Councillor
J. Jones
That
Council consider By-law 2008-164 immediately following the presentation regarding
the Town Clerk.
CARRIED
___________________________________
Council consented to add Delegations (1) to (6).
Moved by Councillor J. Virgilio
Seconded by Regional Councillor G. Landon
That Report No. 32 - General Committee comprising 1 clause be received and adopted.
That the report titled “Development Charge Transition Rules” be received; and,
That Council approve a transition policy for implementation of the proposed development charge by-law amendments, as follows:
That subdivision applicants that qualify for the 2004 development charge rates be given until September 30, 2008 to register their subdivisions, failing which the 2008 by-law rates apply; and,
That site plan applicants that qualify for the 2004 development charge rates be given until September 30, 2008 to complete the site plan agreement process and obtain a building permit, failing which the 2008 by-law rates apply; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to separate Clause (1).
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Report No. 33 - General Committee comprising 5 clauses be received and adopted.
That the presentation entitled “2008 Life
Cycle Reserve Study Update” be received; and,
That Gas Tax funding be utilized to fund eligible
projects in the minimum amount of $1.5 million total over the 3 years 2009 -
2011, in order to sustain sufficient funds in the Life Cycle and Capital
Reserve Fund for the next 25 years (to year 2033); and,
That Staff will review the impact of
supplementing the funding of qualified life cycle assets with future Gas Tax
funding and report back during the 2009 budget discussion; and,
That staff be authorized and directed to do
all things necessary to give effect to this resolution.
CARRIED
That the report titled “Development Charges Indexing July 1, 2008” be received; and,
That Council approve an increase in development charges of 3.57%, effective July 1, 2008; and further,
That Council approve the application of the increase to both the Town Wide Soft services (under the 2004 by-law) as well as the Area Specific and Town Wide Hard services (under the 2008 by-laws).
CARRIED
That the report entitled “Award of Request for Proposal 172-R-07 Supply and Delivery of Soft Drinks and Related Equipment” be received; and,
That Request for Proposal 172-R-07 for the Supply and Delivery of Soft Drinks and Related Equipment be awarded to the highest ranked bidder, Coca Cola Bottling Company for a term of five (5) years with financial returns as per Attachment “A”; and,
That the Supply and Delivery of Soft Drinks and Related Equipment contract
include a clause that requires an increase in non carbonated drinks component
from year 3 (years 1 & 2 at 50:50 carbonated vs. non carbonated) of the
contract to a complete transition into non carbonated drinks in the final year
of the contract; and,
That the Manager of Purchasing and Commission Lead, Community and Fire Services in consultation with the Town Solicitor be authorized to approve the final terms and conditions of the agreement; and,
That the $30,000.00 annual revenue towards beverage exclusivity and the one time $50,000.00 signing bonus be credited to the Partnership Revenue Account 795 797 9394 and the $50,000 signing bonus be transferred to account 087 2800 200 Life Cycle & Capital Reserve Fund; and,
That the $20,000.00 annual sponsorship revenue be utilized towards the Mayor’s Dinner for the Arts, Markham Theatre and the Tony Roman Memorial Hockey Tournament as outlined in financial consideration section of the report; and,
That the annual commission revenue be credited to the appropriate revenue account in Recreation Services; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Report Attachment
A Attachment
B
That the report titled “Quality Management System Operational Plan Endorsement” be received; and,
That Council, as the Owner and Operating Authority of Town of Markham’s Drinking Water System, accept and approve the Quality Management System Operational Plan as the Operational Plan of the Town’s Quality Management System as required by the Drinking Water Quality Management Standard; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the residential taxes totalling $25,274.96 be adjusted under Section 357 (in the amount of $15,997.25) and Section 358 (in the amount of $9,277.71) of the Municipal Act, 2001 of which the Town’s portion is estimated to be $6,405.76; and,
That the associated interest is cancelled in proportion to the tax adjustments; and,
That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to add Clause (12) and to separate Clause (9).
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That Report No. 34 - General Committee comprising 12 clauses be received and adopted.
That the
presentation on the East Markham Community Centre by Mr. D. Balmer, B. Arch., Associate D. Arthurs, OAA, Partner, & P. Fenech, OAA, Associate
Shore Tilbe Irwin & Partners be received; and,
That Council
endorse Building Design Option 3 as outlined in the presentation dated June 16,
2008, titled “East Markham Community Centre & Library Concept Presentation”
prepared by Shore Tilbe Irwin and Partners; and,
That Council
endorse the construction of an above-ground parking garage; and,
That staff report
back on the cost implications of constructing the parking garage in such a way
as to permit the construction of additional floors at a later date; and,
That Council
endorse Link Option B as outlined in the above-mentioned presentation; and,
That Council
approve the programming space as outlined in the above-mentioned presentation
including the aquatics viewing gallery; and further,
That staff
proceed to the detailed design stage of the East Markham Community Centre and
Library project; and,
That staff report
back in the fall of 2008 with an update on the process for relocating the
Markham Stouffville Hospital helipad and with options for providing a public
plaza space in the northeast corner of the project site.
CARRIED
That
the presentation by Mr. A. Wolfe, Project Engineer, and Mr. P. Burton and Mr. D Ecclestone,
Architects, Ventin Group,
regarding the Museum Collections Building be received; and,
That
the deputation by Mr. L. Smith, resident, expressing gratitude to Council for
endorsing improvements to the Museum Collections Building and underlining the
importance of attracting students to the Museum, be received; and,
That
Council endorse the proposed building structure outlined in the diagrams titled
“Markham Museum Collections Building”, dated June 12, 2008 prepared by The
Ventin Group Architects; and further,
That
staff be directed to report back with options for enhancing the accessibility
of the main entrance into the building.
CARRIED
Jan.
16 Feb.
20 Mar.
19 Apr.
16 May
21 Letter
That
the minutes of the January 16, February 20, March 19, April 16, and May 21,
2008 Advisory Committee on Accessibility be received; and,
That
the following one (1) recommendation from the May 21, 2008 meeting be adopted:
(1) That the letter dated April 10, 2008, from the Town of Richmond Hill requesting that the Regional Municipality of York increase the current membership of the Regional Accessibility Advisory Committee to include a representative from the Town of Richmond Hill’s Accessibility Committee be received and endorsed.
CARRIED
That the report entitled “Award of Tender #106-T-08 19th Avenue Bridge Replacement over the Little
Rouge Creek (East of Highway 48, B19)” be received; and,
That the contract for #106-T-08 19th Avenue Bridge Replacement be awarded to the lowest priced supplier,
Bob Hendricksen Construction Ltd., in the amount of $754,930.00,exclusive of
contingency and GST; and,
That a contingency amount of $50,000.00, exclusive of GST be established to cover any
additional construction and consultant costs and that the Director of Asset
Management be authorized to approve expenditure of this contingency amount up
to the specified limit in accordance with the Expenditure Control Policy; and,
That the award cost
of $754,930 and $50,000 contingency be funded from the allocated budget of
$810,000.00 in 2008 Capital Budget account 058-6150-8287-005, Replacement of 19th Avenue Bridge; and,
That the remaining
balance $5,070 in account 058-6150-8287-005 be used for other project related
activities as identified under financial considerations; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the Report titled “Amendments to Fire Services Fee By-laws 2002-276 in relation to Fire Services, Community & Fire Services Commission” be received; and,
That a by-law be enacted to increase the fees as set out in this report; and,
That the Fire Services fees within the By-law be increased annually according to the Consumers Price Index using the same Index as Recreation Services unless a review indicates otherwise. In either event, a review of the fees will take place at a minimum of once every three (3) years; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-122)
CARRIED
That the staff
report entitled “Report on Spending of 2007 Markham Council Grants for Rouge
River Watersheds”, dated June 16, 2008, be received; and,
That a cheque
in the amount of $25,000 be issued to the Rouge Park Alliance for their
programs in 2007, as outlined in this report; and,
That the Rouge
Park be requested to follow the reporting and documentation guidelines for 2008,
as outlined in this report, and;
That,
conditional upon the receipt of a letter of intent from the Rouge Park Alliance
outlining how they intend to use the Town’s current year (2008) grant, a cheque
in the amount of $25,000 be issued for their programs in 2008; and,
That the Rouge
Park Alliance be directed to report back to staff in detail confirming how the
2008 funding was utilized and be advised that failure to do so will result in
2009 funding being denied, and further,
That this
process be followed for similar grants in the future.
CARRIED
That Council authorize a conditional grant equal to Town of Markham development charges estimated to be $664,989.90 and reduced cash-in-lieu of parkland contribution (equivalent to 5% of the land value) payable, estimated at $90,000.00, to be paid on 120 eligible affordable housing units in the proposed East Markham Non-Profit Homes Inc. affordable rental housing project under the Canada Ontario Affordable Housing Program (AHP); and,
That the funding for the conditional grant be provided from the Corporate Rate Stabilization Reserve; and,
That the grant be conditional on East Markham Non-Profit Homes Inc. providing written confirmation of a Canada Ontario Affordable Housing Program (AHP) funding allocation of not less than $8,400,000 to the Commissioner of Development Services and the Commissioner of Corporate Services; and,
That the grant be conditional on the execution of an agreement between East Markham Non-Profit Homes Inc. and the Town of Markham, respecting affordable rental rates, to the satisfaction of the Town Solicitor; and,
That it be acknowledged that the Region of York will consider at their June 5, 2008 Finance and Administration Committee making a similar grant of regional development charges for this affordable housing project to demonstrate the Region’s commitment to partnering with senior and local municipal levels of government in support of affordable rental housing development in Markham and York Region; and,
That the September 2003 conditional grant approval for the Ling Liang Church be revoked, pending a future application for affordable rental housing and reconsideration of a conditional grant by Town of Markham Council; and,
That the Clerk be direct to forward a copy of this report to the Minister of Municipal Affairs and Housing, York Region MPPs and the Region of York; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution; and further,
That staff
report back in the fall of 2008 with a comprehensive report on how financial
incentives for affordable housing are handled.
CARRIED
That the June 16, 2008 staff report entitled “Award of Tender # 100-T-08, Pomona Mills Creek Erosion Restoration – Phase I” be received; and,
That the Mayor and the Clerk be authorized to execute a Cost Sharing Agreement between the Town of Markham and the Region of York as outlined in the attached draft cost sharing agreement, to the satisfaction of the CAO, Town Solicitor and Town Treasurer; and,
That subject to the execution of the cost sharing agreement with the Region of York, the contract for Tender # 100-T-08, Pomona Mills Creek Erosion Restoration – Phase I be awarded to the lowest price qualified bidder, R & M Construction Limited in the amount of $586,008.00 exclusive of GST; and,
That a contingency amount of $90,000 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; and,
That
staff be authorized to retain Aquafor Beech Limited as preferred supplier to
provide construction inspection and contract administration services during
construction of the project to an upset limit of $53,400 exclusive of GST; and,
That a contingency amount of $8,000 exclusive of GST be established to cover any additional construction inspection and contract administration services during construction and that the Director of Engineering be authorized to approve the expenditure of this contingency amount up to the specified limit; and,
That staff be authorized to retain Aquafor Beech Limited as
preferred supplier to provide post-construction monitoring services to an upset
limit of $20,000 exclusive of GST;
and,
That a contingency amount of $10,000 exclusive of GST be
established to cover the cost of any
environmental testing services which may be required to be conducted by
Aquafor Beech during construction and that the Director of Engineering be
authorized to approve the expenditure of this contingency amount up to the
specified limit; and,
That the approved $500,000.00 fund in the Asset Management Department Capital Works account # 58-6150-8294-005 be transferred to a new 2008 capital account to be established within the Engineering Department and that the Town’s portion of the project be funded from this account; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “Markham Centennial Bocce Club – Proposed Facility Lease Terms and Upfront Payment” be received; and,
That the Mayor and Clerk be authorized to enter into a 20 Year Facility Lease Agreement with the Markham Centennial Bocce Club for its 9,716 square foot facility at the Centennial Community Centre on the terms and conditions contained in this report, including the requirement for an upfront payment of $55,000; and,
That the Mayor and Clerk be authorized to execute the necessary documentation to give effect to the forgoing, said documentation to be in a form and content satisfactory to the Chief Administrative Officer and the Town Solicitor; and,
That all rent payments be applied against capital construction costs respecting the Bocce Facility; and,
That Staff be authorized and directed to do all things necessary to give effect to this report; and further,
That the above resolution be reported out in public session.
CARRIED
(Councillor C. Moretti abstained)
That the report entitled “Fence By-law Amendment” be received; and,
That the Fence By-law (By-law 277-97) be amended as outlined in Attachment ‘A’ –Proposed By-law Amendment; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-123)
That the report on the “Development Charge Additional Update” be received; and,
That the following recommendations included in the June 9, 2008 report entitled “Proposed 2008 Town Wide Hard and Area Specific Development Charges” be approved;
That the report
“Proposed 2008 Town Wide Hard and Area Specific Development Charges” be
received; and,
That the summary responses to the comments from the
public and the development community be received for information; and,
That the policy
excluding local services from the calculation of development charges,
with the exception of East Precinct and South Unionville–Helen Avenue be
approved; and,
That no further
public meeting is required under Section 12 of the Development Charges Act 1997; and,
That the minutes
of the May 27, 2008 Development Charges Public Meeting be approved; and,
That Council
approve the development charge background study prepared by Hemson Consulting
Ltd. dated May 2008; and,
That it is
Council’s intent to ensure that the increase in the need for services to
service anticipated development will be met; and,
That it is
Council’s intent that infrastructure related to post 2021 development
identified in the background study shall be paid for by development charges or
other similar charges; and,
That Council
recognizes that there are operating costs associated with the implementation of
the capital program; and,
That the Town
Wide Development Charge By-law and the Area 4 Don Mills/Browns Corner Industrial
Area Specific Development Charge By-law include a clause that sets out the
development charges payable by East Markham Non-Profit Housing Inc, at the 2004
by-law rates, indexed to January 1, 2008; and,
That Council approve the amendment to the transition provisions allowing subdivision applicants 30 days to satisfy the requirements to initiate a subdivision agreement from the date of enactment of the new Town Wide Hard (TWH) and Area Specific Development Charge (ASDC) by-laws; and,
That Council approve the amendment to the transition provisions allowing site plans 30 days from the enactment of the new TWH and ASDC by-laws to be endorsed for approval; and,
That the development charge background study prepared by Hemson Consulting Ltd. dated May 2008, be amended to reflect an additional amount of $2.9M to be collected under the Town Wide development charge for additional bridges benefiting the Town and this amount be included in the proposed TWH charge by an amendment to the TWH by-law; and,
That the Town of Markham Development Charge By-laws, as amended, be brought forward to the June 24, 2008 Council Meeting for adoption by Council; and further,
That staff be directed to do all things necessary to give effect to this report.
(Communication No. 61-2008) (By-laws 2008-124 to 2008-144)
CARRIED
That the
presentation regarding the West Cathedral Fire Hall by Ms. J. Stewart, Thomas
Brown & Associates be received, and;
That staff be
directed to develop the detailed design and technical specifications with the
target of achieving the certification level of LEED Gold; and,
That Council
endorse the following quotation of Fire Services staff as contained in the
communication from the Director of Asset Management emailed to Council on June
24, 2008:
"To maintain adequate service to the public
it is important to have a fire station built in a timely fashion. The Cathedral
Fire Station is the station that currently could be completed the soonest so
that is the station that should go forward first."; and further,
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(Councillor C. Moretti abstained)
Council consented to separate Clause (2).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 35 - Development Services Committee comprising of 3 clauses be received and adopted.
That the report entitled “Recommendation Report, Town Initiated Official Plan Amendment, Development Principles for the Langstaff Area, File SD 03 – 116189” be received; and,
That the record of the Public Meeting held on November 20, 2007, be received; and,
That the Official Plan amendment (attached as Appendix ‘A’) to establish a high level policy framework for the future planning of the Langstaff area and to identify in the Markham Official Plan that the Langstaff Area is part of an Urban Growth Centre (Richmond Hill/Langstaff Gateway Urban Growth Centre) in the context of the Provincial Growth Plan, be finalized, adopted, and forwarded to the Region of York for approval; and,
That Staff initiate discussions with the Town of Richmond Hill about the use and disposition of the lands that are currently subject to their municipal jurisdiction; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-145)
CARRIED
That the report dated June 10, 2008 titled “RECOMMENDATION REPORT, Alderland Group, 201 Hood Road, Zoning By-law Amendment and Site Plan applications to permit four mixed-use buildings containing offices, restaurants, retail and commercial uses” be received; and,
That the record of the Public Meeting held on February 19, 2008 regarding the proposed Zoning By-law Amendment be received; and,
That the draft implementing Zoning By-law (ZA 07 131772) to amend By-law 108-81, as amended, be finalized and enacted by Council at a later date; and,
That
the application for Site Plan approval (SC 08 107365) be endorsed in principle,
subject to the conditions attached as Appendix ‘A’ and incorporating “white
roof” technology for the lower buildings (“green roof” being proposed for the
office building) and conducting a feasibility study for the use of geo-thermal
energy, with results be shared with
staff; and,
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 further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-146)
CARRIED
That the staff report dated June 10, 2008 titled “Civic Mall Preliminary Design Concept, Markham Centre” be received; and,
Council endorse the preliminary design concept for the Civic Mall, through the Remington Group’s Downtown Markham project, as discussed in this report; and,
That Council authorize staff to retain Janet Rosenberg and Associates, Landscape Architects, as the Town’s consultant to proceed with further concept development as required, detailed design work, cost estimating, and phasing options associated with construction of Phase 1 of the Civic Mall park component, together with YRRTC, the Technical Working Committee and the Remington Group; and,
That the purchase order for Janet Rosenberg and Associates (P8266) for detailed design of the park component within the Civic Mall be increased by $48,600 for the above work; and,
That funding for the above, in the maximum amount of $48,600, be from Planning and Urban Design’s Capital Account #81-5350-7647-005 entitled “Markham Centre Amenity / Urban Park (Phase I Design)” and that the balance in the account be retained for the original purpose intended; and,
That staff report back to Council on the proposed design for the Civic Mall, including detailed cost estimates, funding sources, construction and phasing of the Civic Mall, as well as operational and maintenance matters, in the fall of 2008; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to separate Clauses (9), (11), (16) and (17).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 36 - Development Services Committee comprising of 17
clauses be received and adopted.
That the report entitled, “Request for Variance to the Fence By-Law 277-97, as amended, for 7751 Yonge Street (1547155 Ontario Ltd.)”, be received; and,
That the request to permit a 2.1m (7ft.) high, wood, acoustic fence in the interior side yard of a proposed residential condominium development at 7751 Yonge Street (1547155 Ontario Ltd.) be approved; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “Request for Variance to the Fence By-Law 277-97, as amended, for 2900 Denison Street, Islamic Society of Markham” be received; and,
That the request to grant relief from the provisions of the Fence By-Law 277-97, as amended, to permit a 1.5m (5ft.) high decorative iron fence with 1.8m high decorative columns in a front and exterior flankage side yard of the place of worship, located at 2900 Denison Street whereas the By-Law limits the fence height in the front yard and exterior flankage side yard to 1.2m (4ft.), be approved subject to the following conditions:
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That Council agree in principle to provide a grant from the Heritage Reserve Fund to the Markham Village Conservancy to assist with the interpretive plaque project for the Mount Joy portion of the Markham Village Heritage Conservation District; and,
That staff be directed to consult with representatives of the Markham Village, Thornhill and Unionville Heritage Conservation Districts concerning the plaque design for future, similar projects within those heritage conservation districts; and,
That staff report back in September of this year with the results of the consultation with the other district representatives, with the preferred plaque design, and to recommend funding for the Markham Village Conservancy project; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the staff report entitled “Recommendation Report, Town Initiated Official Plan Amendment to Set Out the Requirements for Complete Applications Submissions, and Town Initiated By-Law to Set Out Development Proponents to Consult with Town Staff File: OP.07-131262”, dated June 17, 2008 be received; and,
That the record of the Public Meeting held on February 19, 2008 be received; and,
That the Official Plan amendment (attached as Appendix ‘A’) to set out requirements for Complete Applications be finalized and adopted; and,
That the By-law (attached as Appendix ‘B’) to set out the requirements for Consultation be finalized and enacted; and further,
That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-laws 2008-147 and 2008-148)
CARRIED
That the vacant heritage house known as the “Archibald Fenwick House” be declared eligible for relocation to Markham Heritage Estates due to its cultural heritage significance as an excellent example of an Ontario Regency Cottage associated with a prominent early Markham Township family, and its precarious state of long-term vacancy and deterioration; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the June 18, 2008 report entitled “Release of Easement – Part of
Lots 3 and 4, Concession 3, designated as Parts 1 and 2, Plan 65R-28378, Box
Grove Community”, be received; and,
That the Mayor and Clerk be authorized and directed to execute a
release of an easement over Part of Lots 3 and 4, Concession 3, designated as
Parts 1 and 2, Plan 65R-28378, and any other documents required to give effect
thereto; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the correspondence
from Annie Lam, Edwin Lee, Astrid Lam, Anita Woo, Danny Seto and Rita Lei,
Irene Au and Carlo and Camille Chiang be received; and,
That the report dated June 17, 2008, entitled “Applications for rezoning and site plan approval to permit a daycare centre and medical offices at 10137 Woodbine Avenue” be received; and,
That Zoning By-law Amendment application (ZA 07 127816) to amend By-laws 304-87 and 177-96, as amended, submitted by Baldath Rampersad to permit a daycare centre and medical/professional offices at 10137 Woodbine Avenue, be approved and the draft Zoning By-law Amendment attached as Appendix ‘A’, be finalized and enacted; and,
That
Site Plan Control application (SC 07 124013) submitted by Baldath Rampersad to
permit a daycare centre and medical/professional offices at 10137 Woodbine
Avenue, be endorsed in principle, subject to the conditions attached as
Appendix “B”; and further,
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.
(By-laws 2008-149 and 2008-150)
CARRIED
That the report dated June 17, 2008, entitled “1606090 Ontario Limited, 78 & 90 Lee Avenue, Draft Plan of Subdivision (19TM-05013) and Zoning By-law amendment to permit 10 single detached dwellings on the north side of Lee Avenue, between Brimley Road and Noble Street, (SU.05-013073 & ZA.05-013080)”, be received; and,
That the record of the Public Meeting held on December 6, 2005, regarding the proposed plan of subdivision and zoning by-law amendment be received; and,
That the record of the Public Meeting held on April 8, 2008, regarding the proposed plan of subdivision and zoning by-law amendment be received; and,
That draft plan of subdivision 19TM-05013 located on the north side of Lee Avenue between Brimley Road and Noble Street, municipally known as Nos. 78 & 90 Lee Avenue, proposed by 1606090 Ontario Limited be draft approved subject to the conditions outlined in Appendix ‘A’; and,
That the Zoning By-law Amendment application (ZA. 05-013080) to amend By-law 193-81, as amended, be approved as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’, be finalized and enacted; and,
That the Hold provision appended to the zoning be lifted from Parcels ‘A’ and ‘B’ only, as outlined in the staff report and the implementing Zoning By-law attached as Appendix ‘B’ be finalized and enacted; 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 Council assigns servicing allocation for 8 units within the draft plan from the Town’s reserves; and,
That the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner; and,
That the draft plan approval for plan of subdivision 19TM-05015 will lapse after a period of three years commencing June 24, 2008, in the event that a subdivision agreement is not executed within that period; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-151)
CARRIED
That as recommended by Heritage Markham, the Munshaw Homestead – 10 Ruggles Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and further,
That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.
(Communication No. 63-2008)
CARRIED
(See following motion to defer
which was lost)
Moved by Councillor D. Horchik
Seconded by Regional Councillor J. Jones
That Clause 9, Report No. 36 regarding heritage designation for 10 Ruggles Avenue be deferred until September 2008 to enable additional information to be gathered concerning the building.
MOTION LOST
That as recommended by Heritage Markham, the George R. Cowie House – 5933 Fourteenth Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and further,
That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.
CARRIED
That the report dated June 17, 2008 entitled, “RECOMMENDATION REPORT, Attilio Vettese, Application for Zoning By-law Amendment and Draft Plan of Subdivision Approval (19TM-0800001) to permit a residential plan of subdivision at 7085 14th Avenue” be received; and,
That the record of the Public Meeting held on May 20, 2008, regarding the applications for Zoning By-law Amendment and Draft Plan of Subdivision be received; and,
That draft plan of subdivision (19TM-0800001) by Attilio Vettese located on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks within the Box Grove Community to permit 58 townhouse units and 2 single-detached lots be draft approved subject to the conditions outlined in Appendix ‘A’; and,
That Zoning By-law Amendment Application (ZA 08 110187) submitted by Attilio Vettese to amend By-law 304-87, as amended, and By-law 177-96, as amended, for lands on the south side of 14th Avenue, east of Riverwalk Drive and west of the CP Railway tracks, be approved and the draft implementing zoning by-laws attached as Appendix ‘B’ be finalized and enacted; and,
That servicing allocation for 58 townhouse units (163.6 populations) be granted to 19TM0800001; and,
That the Town reserves the right to revoke or re-allocate servicing allocation at it’s sole discretion, should development not proceed in a timely manner; and,
That the Owner provide to the Town the required payment of 30% subdivision processing fees in accordance with the Town’s Fee By-law; and,
That the owner agrees to pay their proportionate share of the Highway 48 flow control measures, to the satisfaction of the Director of Engineering; and,
That the draft plan approval for plan of subdivision 19TM-0800001 will lapse after a period of three years commencing June 17, 2008 in the event that a subdivision agreement is not executed within that period; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2008-152 and 2008-153)
CARRIED
That the report dated June 17, 2008 entitled “PRELIMINARY REPORT, Red Banner Developments Limited. Zoning By-law Amendment Application to clarify the range and nature of permitted uses and to amend the parking standards for 5906 and 5990 16th Avenue.” be received; and,
That Staff be authorized to schedule a statutory Public Meeting to consider the proposed Zoning By-law amendment application; and,
That Council
authorize a full refund of the zoning application fee in the amount of $7,900
conditional on that the applicant work with Town staff on declaring road access
surplus and obtaining easement across the property; and,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report dated June 17, 2008, entitled “CRET 9900 Markham Limited, Applications for Zoning By-law Amendment and Site Plan Approval to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road”, be received; and,
That the Zoning By-law Amendment application (ZA 06 131832) submitted by CRET 9900 Markham Limited to rezone the lands located on the south side of Major Mackenzie Drive, west of Markham Road, municipally known as 5899 Major Mackenzie Drive, from Rural Residential Four (RR4) under By-law 304-87, as amended, to Major Commercial (MJC) under By-law 177-96, as amended, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted; and,
That the Site Plan Application (File No. SC 08 106746) submitted by CRET 9900 Markham Limited to permit a retail plaza and a multi-screen movie theatre near the southwest corner of Major Mackenzie Drive and Markham Road, be endorsed in principle, subject to the conditions attached as Appendix ‘A’; and,
That
staff and the applicant continue to consult with the Ward Councillor; and,
That
a review of the safety of the Major Mackenzie Drive entrance be undertaken
within 3 years of the development being constructed and that a financial
security be posted with the Town of Markham to allow for future access
revisions and/or traffic signals at the entrance to the site; and,
That
staff and the applicant look at an opportunity to provide a pedestrian link
and/or connection between the existing commercial development at the southwest
corner of Markham Road and Major Mackenzie Drive; and,
That the Owner submit revised building elevations (as discussed in this report) to the satisfaction of the Director of Planning and Urban Design; and further,
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.
(By-laws 2008-154 and 2008-155)
CARRIED
That
the correspondence from Chris & Scott Campbell be received; and,
That the staff
report dated June 17, 2008 entitled “Dougson Investments Inc. (Village Nissan),
Official Plan and Zoning By-law amendment applications to permit an automobile
dealership on the south side of future South Unionville Avenue, east of Kennedy
Road, South Unionville Community, File Nos. OP.06-132776 and ZA.06-132779;” be
received; and,
That
the minutes of the April 8, 2008 Public Meeting to consider the requested
Official Plan and zoning by-law amendments, be received; and,
That
the applications by Dougson Investments Inc. (Village Nissan) to amend the
Town’s Official Plan and zoning by-laws to permit an automobile dealership on
the south side of future South Unionville Avenue, east of Kennedy Road, be
approved; and,
That
staff be directed to finalize the draft Official Plan and Zoning By-law
amendments for consideration by Council on September 9, 2008; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
That the report dated June 17, 2008 titled “Recommendation Report, Jolie Home Inc.; Application for Official Plan Amendment for a mixed-use development; East side of Kennedy Road between Castan Avenue and South Unionville Avenue; South Unionville Community; File No. OP 07 126509” be received; and,
That the record of the Public Meeting held on April 8, 2008 to consider the Official Plan Amendment and corresponding zoning amendment applications, be received; and,
That the Official Plan Amendment application (OP 07 126509) be approved as outlined in the staff report and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted; and,
That staff report back on the corresponding rezoning application together with the required site plan application once detailed plans have been submitted and the issues outlined in the June 17, 2008 staff report have been addressed to the satisfaction of staff; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-156)
CARRIED
Report Attachment A Attachment B By-law
That
the report entitled “Highway 48 Speed Limit Reduction between Major Mackenzie
Drive and Edward Jeffreys Avenue” dated June 17, 2008, be received; and,
That Schedule B (60 km/h) of Speed Limit By-law 105-71 be amended to
include Highway 48 between Major Mackenzie Drive and Bur Oak Avenue; and,
That Schedule
F (50 km/h) of Speed Limit
By-law 105-71 be amended to include Highway 48 between Bur Oak Avenue and 16th Avenue; and,
That the Operations Department be directed to remove the existing 80 km/h speed limit signs upon approval of the attached by-law; and,
That the Operations Department be directed to
install the appropriate signs, funded through the 2008 Engineering budget, account
#8402; and,
That the York Regional Police Department be requested to enforce the reduced speed limit upon installation of the signs; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-157)
CARRIED AS AMENDED
(See following motion
to amend)
Moved by Councillor J. Webster
Seconded by Regional Councillor T. Wong
That Clause 16, Report No. 36 regarding speed limit on Highway 48 be amended to include:
- 60 km/h between Major Mackenzie Drive and Bur
Oak Avenue.
- 50 km/h on Highway 48
between Bur Oak Avenue and 16th Avenue.
CARRIED
Report Attachment Updated Report
That
the correspondence dated June 16, 2008 from Scott R. Cole, Cole Engineering
Group Ltd., be received; and,
That the report entitled “Award
of Tender # 068-T-08 Woodbine Avenue Bypass Construction – Phase 1” be received; and,
That the tender be awarded to the lowest price qualified bidder, TACC
Construction Ltd in the total amount of $11,033,279.68
exclusive of GST subject to the
receipt of funding as described in this
report; and,
That a contingency amount of $950,000 exclusive of GST be established
to cover any additional construction costs 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,
That the award of the contract for construction inspection and contract
administration services to Earth Tech Canada in the amount of $201,000 as
described in the April 11, 2006 staff report be confirmed; and,
That the value of the contract
for construction inspection and contract administration services to Earth Tech
Canada be increased by $90,500 to a total of $291,500 exclusive of GST to cover
the increased scope of services and updated construction schedule as described
in this report; and,
That a contingency amount of $32,700
exclusive of GST be established to
cover any additional construction inspection and contract administration costs
and that the Director of Engineering be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That staff be authorized to retain Earth Tech Canada to re-design the
Elgin Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary
Plan as required by the Ministry of Transportation for an upset limit not to
exceed $ 50,000 exceeding GST to be funded by Cathedral Developers; and,
That a contingency amount of $250,000.00 exclusive of GST be
established to cover the additional costs of constructing the Elgin
Mills/Woodbine Bypass intersection to accommodate the 404 North Secondary Plan
and that the Director of Engineering be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That a contingency amount of $935,000 exclusive of GST to be funded
by Cathedral Developers be established to cover any Contractors claims which
may result from delays in obtaining the outstanding permits and approvals from
the TRCA and/or Ministry of Transportation and that the CAO be authorized to
approve expenditure of this contingency amount up to the specified limit; and,
That staff be authorized to retain the geotechnical consulting firm of
Geo-Canada Ltd. as a preferred supplier to provide geotechnical and materials
testing services during construction for an upset limit not to exceed $154,000
exclusive of GST; and,
That a contingency amount of $20,000
exclusive of GST be established to
cover any additional geotechnical and materials testing services during
construction and that the Director of Engineering be authorized to approve
expenditure of this contingency amount up to the specified limit; and,
That staff be authorized to issue a Purchase Order to Geo-Canada Ltd in
the amount of $80,000 to cover the cost of geotechnical and materials testing
services provided during the Woodbine Bypass trunk sanitary sewer project as
described in the June 19th 2007 report; and,
That staff be authorized to retain a qualified independent
environmental consulting firm in accordance with the Town’s Purchasing Bylaw to
provide on-site environmental monitoring to ensure compliance with TRCA permit
requirements for an upset limit not to exceed $65,000 exclusive of GST; and,
That staff be authorized to issue a Purchase Order to Powerstream Ltd
in the amount of $50,000 to cover the cost of connecting the street lighting
and traffic signal systems to the existing electrical distribution network;
and,
That the
sidewalk and illumination portions of the tender ($1,759,285.39) be funded from
the Engineering Department’s Capital Accounts #8339, #8400 and #8455; and,
That a
contingency amount of $ 338,230.50 exclusive of GST be established to cover
possible hydro power supply work and that the Director of Engineering be
authorized to approve expenditure of this contingency amount up to the
specified limit; and,
That staff be authorized and directed to
do all things necessary, including the execution of documents, to give effect
to the above; and,
That upon
payment of all the invoices, any remaining funds be applied to the construction
of outstanding works in Phase 1 and 2a of the Woodbine Avenue Bypass project;
and,
That the Ministry of Transportation and
the Region of York be advised that the Town of Markham does not support a
double left turn for eastbound Elgin Mills Road to northbound Woodbine By-pass;
and,
That staff proceed with the Class Environmental Study for the Hwy 404 northbound exit ramp extension to Lord Melbourne Street as the preferred route for truck access into the Cathedral and 404 North business lands; and,
That staff
confirm with the Region of York that the Region will pay all costs with respect
to the Carlton Creek culvert replacement.
CARRIED AS AMENDED
(See following motion to amend)
Moved by Councillor
D. Horchik
Seconded by Regional
Councillor J. Jones
That Clause 17, Report No. 36 regarding
Woodbine By-Pass Construction - Phase 1 be amended to include the following
paragraph:
"That staff confirm with the Region
of York that the Region will pay all costs with respect to the Carlton Creek
culvert replacement."
CARRIED
Council consented to separate Clause (2).
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 37 - Development Services Public Meeting comprising of
4 clauses be received and adopted.
That the record of the Public meeting held on June 17, 2008, with respect to the proposed zoning by-law amendment be received; and,
That the application by Ruland Properties Inc. to amend By-law 2004-196
as amended, to permit a 2.71 metres increase in
the maximum height of Building (F) to 33.71 metres, and an increase of 14.91
metres to 45.91 metres, for Building (E) be approved; and further,
That the proposed amendment to By-law 2004-196, as amended, be enacted
without further notice.
(By-law 2008-158)
CARRIED
That the record of the Public Meeting held on June 17, 2008, with
respect to “Estee Lauder Cosmetics, 80 Alden Road, Official Plan and Zoning
By-law Amendment applications to permit a parking lot within the Hydro Corridor
(File Nos. OP 08 112499 & ZA 08 112500 ),” be received; and,
That the Official Plan Amendment application (OP 08 112499) submitted
by Estee Lauder Cosmetics to permit a parking lot at 80 Alden Road within the
Hydro Corridor, be approved and the draft Official Plan Amendment be finalized
and adopted; and,
That the Zoning By-law Amendment application (ZA 08 112500) to amend
Zoning By-law 108-81, as amended, submitted by Estee Lauder Cosmetics to permit
a parking lot at 80 Alden Road within the Hydro Corridor, be approved and the
draft Zoning By-law Amendment be enacted without further notice; and further,
That staff be
authorized to review materials used in the construction of the parking lot,
including permeable pavers, in order to mitigate any potential run-off issues.
(By-laws 2008-159 and 2008-160)
CARRIED
That the
correspondence from 73 Monique Court (on behalf of the neighborhood) be received;
and,
That the record of the Public Meeting held on June 17, 2008, with
respect to “Great West Developments, Application
for Zoning By-law Amendment (ZA 08 110695) to permit a medium density
residential development on condominium roads at the southeast corner of
That the Zoning By-law Amendment application (ZA 08 110695) to amend
By-law 90-81, as amended, submitted Great West Developments, to permit a medium density residential development on condominium
roads at the southeast corner of Markham Road and Elson Street, be approved and the draft Zoning By-law
Amendment be enacted without further notice.
(By-law 2008-161)
CARRIED
That the
correspondence from 73 Monique Court (on behalf of the neighborhood) be
received; and,
That the record of the Public Meeting held on
That the Zoning By-law Amendment application (ZA 08 107567) to amend By-law 90-81, as amended,
submitted by Forest Bay Homes to permit
two semi-detached residential lots on Monique Court, be approved and the draft Zoning By-law
Amendment be enacted without further notice.
(By-law 2008-162)
CARRIED
Council consented to add Report No. 38 and to separate Clauses (2) and (3).
Moved by Regional Councillor T. Wong
Seconded by Regional Councillor J. Jones
Report No. 38 - General Committee comprising of 13 clauses be received and adopted.
That Council approve the detailed policies included as Appendix A of this report regarding development charge credit requests for Town capital works undertaken by development proponents; and,
That the Town Treasurer be delegated authority to approve applications for development charge credits in respect of works done by and at the expense of developers of site plans, in accordance with the policy attached hereto; and,
That the policies regarding development charge credits be applied to the current and future Town of Markham Development Charges study, which includes associated development charge policies; and further,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
________________________________
Moved by Regional
Councillor J. Jones
Seconded by Regional
Councillor T. Wong
That Council refer
the matter regarding Relining of Cast Iron and Ductile Watermains to in-camera session
to receive legal advice (10:56 p.m.).
________________________________
That
the report
entitled “Award of Tender # 021-T-08 2008 Relining of Cast Iron and Ductile
Watermains” be received; and,
That
the contract for 2008 Relining of Cast Iron & Ductile Iron Watermains be
awarded to the lowest qualified priced bidder, Fer-Pal Construction in the
total amount of $861,430.00 exclusive of GST; and,
That a
contingency in the amount of $86,000 00
exclusive of GST be established to cover any additional construction costs and
that the General Manager of Waterworks be authorized to approve expenditure of
this contingency amount up to the specified limit; and,
That this
contract be drawn from the 2008 Capital Budget Account 053 6150 8069 005
“Cement Relining Iron Watermain” in the amount of $1,000,000.00; and,
That upon completion of the project the remaining funds be returned to the original funding source; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the presentation by Ms. B. Roth, Director,
Recreation Services, entitled “Pool Allocation Policy Update” be received; and,
That the deputations from Ms. N. Garritano, on behalf of Markham Aquatic Club (MAC), Mr. M.
Berube, Head Coach, MAC, Mr. D. Paradkar (MAC), Mr. P. MacNamara (MAC), and Mr.
J. Stubbs (MAC), all in opposition to the staff recommendation and from Ms. K.
Salvo, Markham Mallards and Mr. S. Vangerof, Head Coach, Markham Mallards, in
support of the staff recommendation be received; and,
That the current allocation of total pool
time (total hours and time slots) to the Markham swim clubs be maintained; and,
That staff and representatives from all
Markham swim clubs work together over the next 14 days on possible amendments
to the current allocation of time slots in an effort to better meet the needs
of each Club, with staff authorized to implement any agreed changes, and
failing any agreed changes, the Aquatics Advisory Committee meet with staff and
representatives of Markham’s swim clubs to further discuss the allocation of time
slots; and,
That the Pool Allocation Working Group be
renamed as the Aquatics Advisory Committee and be tasked with working with
representatives from Markham swim clubs in order to develop a fair and
equitable policy on pool allocation that will serve as a model for other
municipalities; and,
That staff consider innovative options, such
as public and/or private partnerships, for increasing the amount of pool time
available to user groups and report back prior to the 2009-2010 season; and,
That staff report back on the effectiveness
of the Town’s current aquatic programs relative to Markham’s swim clubs and
with options for increasing capacity in existing Markham pools; and further,
That staff be
directed to conduct a needs analysis relative to Markham’s aquatic programs and
facilities and report back as expeditiously as possible.
CARRIED AS AMENDED
(Paragraphs 1 to 6 carried on a
unanimous recorded vote)
(See following motions to amend)
Council consented to
division of Paragraph 7.
Moved by Councillor
C. Moretti
Seconded by Regional
Councillor J. Jones
That Paragraph 7
be amended to read as follows:
"That staff report back on
the effectiveness of the Town’s current aquatic programs relative to Markham’s
swim clubs and with options for increasing capacity in existing Markham
pools;"
CARRIED
Council consented
to delete the following from Paragraph 7, after the words "…relative to
Markham's swim club…":
"…on the feasibility of providing a 50
metre pool in the future East Markham Community Centre and Library facility…".
Moved by Regional Councillor J. Jones
Seconded by Regional Councillor T. Wong
That the following be added as Paragraph 8:
"That staff be directed to conduct a needs analysis relative to
Markham’s aquatic programs and facilities and report back as expeditiously as
possible."
CARRIED
That the service fee for issuing of a marriage licence be increased from $100.00 to $125.00; and,
That the service fee for the rental of the wedding chapel be increased from $150.00 to $175.00 (GST included); and,
That the service fee charged for Commissioner of Oaths and Certifications be increased from $15.00 to $20.00; and further,
That By-law
2002-276, as amended, be amended to include the new revised fees.
(By-law 2008-179)
CARRIED
That the report entitled “Extension of Contract 068-R-06 Consulting Services for Facility Project Management and Space Planning” be received; and,
That contract 068-R-08 “Consulting Services for Facility Project Management and Space Planning” be extended to include the construction projects at 8100 Warden Avenue; and,
That the construction projects undertaken at 8100 Warden Ave shall be Zero Waste Construction; and,
That the current Purchase Order for Consulting Services for Facility Project Management and Space Planning with Mayhew and Associates be increased to an upset limit of $1,446,000 exclusive of GST; and,
That the contract costs be funded from the 2008 Capital Relocation of Fire Admin and other Civic Centre Departments account 056 6150 8283 005 in the amount of $950,000.00 and 2008 Corporate Accommodation – Annual Program account 056 6150 8101 005 in the amount of $496,000.00; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “2008 Markham Village B.I.A. Operating Budget” dated June 23, 2008 be received; and,
That the Operating Budget in the amount of $236,119 for the Markham Village B.I.A. be approved; and,
That the Special Tax Rate levy, in the amount of $202,185, for the Markham Village B.I.A. members be included in the 2008 Tax Levy By-law; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “2008 Unionville B.I.A. Operating Budget” dated June 23, 2008 be received; and,
That the 2008 Operating Budget in the amount of $205,506 for the Unionville B.I.A. be approved; and,
That the Special Tax Rate levy, in the amount of $199,500, for the Unionville B.I.A. members be included in the 2008 Tax Levy By-law; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That a by-law
be approved to provide for the levy and collection of a special charge against
all rateable property in a business property class in the Unionville Business
Improvement Area in the amount of $199,500 and in the Old Markham Business
Improvement Area in the amount of $202,185; and,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-180)
CARRIED
That the following residents of the Town of Markham be appointed to the Markham Association of Townhome Condominium Owners (MATCO) Condominium Working Group: Ed Schollen, Bert Taylor, Brian Gordon, Ray Chan, and Ernie Nyitrai; and,
That staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “Cornell Overnight Parking Permit Pilot Program” be received; and,
That a one year pilot program for overnight permit parking be implemented on the streets of the Cornell subdivision designated on Schedule A; and,
That the Parking Control By-law be amended to permit overnight parking on the streets in Cornell Subdivision designated on Schedule A, subject to the fees established in the Parking Control By-law for permit parking in the Cornell subdivision; and,
That at the conclusion of the one year pilot period, a public consultation meeting be convened to receive feedback on the pilot program from residents in the pilot program area; and further,
That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2008-181)
CARRIED
That two regular
General Committee meetings be scheduled each month from 9:00 a.m. to 2:30 p.m.;
and,
That one General
Committee meeting be scheduled once a month from 9:00 a.m. to 12:00 noon for
the purpose of receiving presentations and for workshop sessions; and,
That staff report back in September 2008 on the feasibility of holding
all Standing Committee meetings in the Council Chambers; and,
That staff be
directed to arrange for the use of the public address system to notify
delegates of upcoming items and to acquire a wall clock and a podium clock to
ensure delegates do not exceed the allotted time; and further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
That staff continue to investigate options to reduce the net cost of the award of tenders 095-T-08 and 032-T-08, and resulting impact on future Operating Budgets; and,
That the CAO be authorized to award tenders 095-T-08 and 032-T-08 to the upset limit of the bid prices; and further,
That the budget impacts resulting from the award of these tenders be dealt with through the 2009 Budget process.
CARRIED
That Mr. Richard Morales be
appointed to the Heritage Markham Committee as the Markham Representative for
the term ending November 30, 2011.
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor D. Horchik
That Report No. 30 - Development Services Committee comprising of 4 clauses be received and adopted.
________________________________
Moved by Regional
Councillor J. Jones
Seconded by
Regional Councillor T. Wong
That Council refer the matter regarding demolition of 12 Euclid Street to in-camera session to received legal advice (10:56 p.m.).
CARRIED
______________________________________
That the staff report titled “Request for
Demolition of Dwelling, 12 Euclid Street, Unionville Heritage Conservation
District” dated June 10, 2008, be received; and,
That Council approve the demolition of 12
Euclid Street, subject to the following terms and conditions as per Section
42(4) of the Ontario Heritage Act:
1) The applicant advertise
for an extended period of 6 months the availability of the dwelling for
relocation (but not to Markham Heritage Estates) and/or salvage of materials to
try to divert the materials from landfill;
2) The applicant obtain Site
Plan Approval for the new dwelling, prior to the issuance of the demolition
permit;
3) The new dwelling unit be approximately 3,000 sq ft in
size, to be compatible with the neighbourhood and comply with the Unionville
Heritage Conservation District Plan; and
4) The
applicant work with staff to retain mature trees and vegetation on the
property; and,
That the applicant be notified of Council’s
decision as per the requirements of the Ontario Heritage Act; and
further,
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
(See following recorded vote)
(9:4)
YEAS: Deputy Mayor J. Heath, Regional Councillor J. Jones, Regional Councillor G. Landon, Councillor J. Virgilio, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (9)
NAYS: Mayor F. Scarpitti, Regional Councillor T. Wong, Councillor V. Burke, Councillor E. Shapero. (4)
That the report entitled “YMCA
Boulevard “Pay & Display On-street Parking” dated June 24, 2008, be received; and,
That Schedule “C” of Parking By-law 2005-188,
pertaining to “Prohibited Parking”, be approved as outlined in the attached
by-law; and,
That Schedule “L” of Parking By-law 2005-188,
pertaining to “Machine Control Areas
(Highways)”, be approved as outlined in
the attached by-law; and,
That the Parking Control Department be
directed to enforce the parking control by-laws upon installation of the signs;
and,
That the cost
associated with the installation of the on-street “Pay and Display” system be
drawn from
That staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2008-182)
That the memorandum
dated June 24, 2008 from the Commissioner of Development Services regarding
applications by 1475398 Ontario Inc. (Town and Country BMW) for Official Plan and zoning by-law amendment to permit an
additional automobile dealership on the
east side of Kennedy Road, between South Unionville Avenue and Helen Avenue, be
received; and,
That
Development Services Committee direct staff to bring forward Official Plan and
zoning by-law amendments to the September 9, 2008 meeting of Council,
concurrent with the implementing amendments for Dougson Investments Inc.
(Village Nissan), as discussed by Development Services Committee on June 17,
2008.
CARRIED
That the report entitled “Markham ‘Giro’ Cycling Event, Sunday, August 10, 2008, dated June 24, 2008, be received; and,
That Council endorse this event and instruct staff to collaborate with the Cycling and Pedestrian Advisory Committee and the D’Ornellas Racing Team to promote and assist with the overall event operation; and,
That motor vehicle traffic on Cochrane Drive be restricted to one lane, one way traffic flow, between the hours of 8:00 AM and 12:00 PM (Noon) to accommodate the 1.8 KM ‘Giro’ course; and,
That
an upset limit of $2,000 to support this event be approved and funded under the
That Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to add Motions (1) and (2).
________________________________
Moved by Councillor E. Shapero
Seconded by Councillor J. Virgilio
That Council consent to the introduction of a motion regarding Transition of the Thornhill Industrial Area.
CARRIED
________________________________
Whereas
community compatibility issues have existed for many years within the Thornhill
residential and industrial areas; and,
Whereas the
Thornhill Industrial Area (John Street, Green Lane, Guardsman Road and Harlech
Court east of Bayview Avenue) is an area in need of investment, redevelopment
and revitalization; and,
Whereas
changes in land use and property ownership are beginning to occur in and around
the area; and,
Whereas the
Markham Official Plan and Thornhill Secondary Plan call for the area to
transition from Industrial to higher order Business Corridor Area uses; and,
Whereas
Markham Council has recently requested the Province, through its “Metrolinx”
transportation planning exercise, to consider improvements in higher order
transit service to Thornhill, including a potential future GO Transit commuter
rail station and “Mobility Hub” at John Street and the CN Rail Line;
Now Therefore
Be it Resolved,
That Staff
review and report back to Development Services Committee in Fall 2008 on
Official Plan, Secondary Plan and Zoning By-law provisions with the goal of
advancing and promoting the transition of the Thornhill Industrial Area to a
higher order Business Corridor Area, including addressing issues of land use
compatibility with the surrounding residential area and considering additional
restrictions on potentially incompatible or obnoxious employment uses; and,
That Staff be authorized and directed to all things necessary to give effect to this resolution.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
(Councillor V. Burke abstained)
____________________________________
Moved by Councillor J. Virgilio
Seconded by Councillor C. Moretti
That Council continue the meeting from June 24, 2008 to past the hour of 12:00 a.m. on June 25, 2008.
CARRIED
____________________________________
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
That Council consent to the introduction of a motion regarding the demolition of the John Ramer House and Barn, 6278 19th Avenue.
CARRIED
____________________________________
Moved by Councillor D. Horchik
Seconded by Councillor J. Webster
Whereas the Town served a Notice of
Intention to designate the property described as The John Ramer House and Barn,
6278 19th Avenue, Town of Markham, Ontario (the “Property”) pursuant
to subsection 29(1.1) of the Ontario
Heritage Act, R.S.O. 1990, c. O.18 (the “Act”); and,
Whereas applications were made by Memorial Gardens Canada Limited on
November 8th, 2007 to demolish the John Ramer House and Barn and a
shed or storage building at the Property pursuant to section 34 of the Act (the
“Applications”); and,
Whereas a hearing was held before the Conservation Review Board on the
issue of whether it was appropriate for the Property to be designated under the
Act (the “Hearing”); and,
Whereas the Conservation Review Board has not provided
their report on the outcome of the Hearing as of June 19th, 2008;
and,
Whereas the Town’s decision with respect to the
Applications is outstanding;
Now therefore be it resolved,
That the Applications by Memorial Gardens Canada
Limited to demolish the John Ramer House and Barn and a shed or storage
building at 6278 19th Avenue, Town of Markham, made pursuant to
section 34 of the Ontario Heritage Act,
R.S.O. 1990, c. O.18, as amended, be refused.
CARRIED
(2/3 VOTE WAS REQUESTED & OBTAINED)
Council consented to add Communication No. 63-2008 to 65-2008.
That Council
receive and consent to the disposition of communications in the following
manner:
- The Duchess of Markham, 53 Main
Street North
- Main’s
Mansion Restaurant and Bar, 144 Main Street North
- The Artisan Pub, 48 Main Street North. (3.21)
Road to be closed
- Main Street Markham North
from Highway 7 to South of Parkway Avenue.
- Access east from Main Street Markham North is
closed to:
a) Centre
Street
b) Robinson
Street.
- Access west from Main Street Markham North is
closed to:
b. Dublin
Street
c. Robinson
Street
d. Wilson
Street
- Robinson Street West from Main Street Markham North to Water Street.
Events, dates and times
- Markham Jazz Festival (August 17, 2008 from 10:00 a.m. to 6:00 p.m.)
- Main Street Markham Auto Classic (September 7, 2008 from 8:00 a.m. to 7:00 p.m.) (3.5)
(By-law 2008-163)
(Clause 11, Report No. 34, 2008) (By-laws 2008-124 to 2008-144)
- 196 and 198 Langstaff Road East
- 201, 203, 205 Langstaff Road East, and 3 and 5 Essex Avenue
- 195 Langstaff Road East
- 139 Langstaff Road East
- 21 Essex Avenue (13.13).
(By-laws 2008-173 to 2008-177)
CARRIED
Council consented to add Proclamation (1).
Moved by Councillor C. Moretti
Seconded by Regional Councillor T. Wong
That the
following be proclaimed in the Town of Markham:
- Pierre Elliot Trudeau Day
(October 18, 2008); and,
That the Corporate Communications Department be
requested to publish the above proclamation in the local newspapers.
CARRIED
(Motion carried on a unanimous
recorded vote)
________________________________
Moved by Regional
Councillor J. Jones
Seconded by
Regional Councillor T. Wong
That Council refer the matter regarding proposed sale of Town's property adjacent to St. Vladimir Ukrainian Catholic Church to in-camera session to receive legal advice (10:56 p.m.).
CARRIED
______________________________________
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL
PROPERTY
(Pursuant to By-law 178-96)
Moved by Councillor A. Chiu
Seconded by Regional Councillor G. Landon
That
the notice of the proposed sale for the Town own lands legally described as Part 6, Plan 65R-24474, be confirmed.
(In-Camera
Clause 2)
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That the Memorandum titled “Update on OPA’s Local Generation RFP (Northern York Region)”, dated June 24, 2008, be received; and,
That Markham Council reiterates its support for the OPA’s “Integrated Solution” for power supply to Northern York Region comprised of: Demand Reduction; New Transformer Station capacity; and Local Generation as adopted by Council on September 27, 2005 and further endorsed by Council on April 24, 2007 and November 27, 2007; and,
That the Town of Markham remains strongly opposed to a transmission contingency solution for Northern York Region and requests the OPA to continue to expedite local generation supply options to Northern York Region; and,
That the OPA be requested to review it’s draft RFP dated June 6, 2008 for 350 MW of peaking generation in Northern York Region, with a view to placing a greater emphasis on environmental, municipal consultation, and community outreach criteria in the scoring and evaluation of proposals, as outlined in the Memorandum attached; and,
That Council support the submission of this Memorandum and Resolution to the Ontario Power Authority, the Ontario Energy Board, the Ministry of Energy, Hydro One, PowerStream, Region of York, and the Markham – Aurora Hydro One Task Force Members; and,
That this Memorandum and Resolution also be forwarded to the Premier, the Minister of Energy, and Region of York M.P.P.s; and,
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That
the report titled Bill Crothers Secondary School Outdoor Sports Fields Joint
use and Maintenance Agreement be received; and,
That
Council authorize the Mayor and Clerk to execute a joint use and maintenance
agreement with the York Region District School Board in respect of the Bill
Crothers Secondary School Outdoor Sports Fields, in a form and content satisfactory
to the Chief Administrative Officer and the Town Solicitor; and further,
That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
Moved by Councillor J. Virgilio
Seconded by Regional Councillor J. Jones
That the
following appointments of the Unionville BIA Board of Directors for a term
ending November 30, 2010, be confirmed:
Sharon Taylor-Wood
Angela Wong; and,
That
the resignation of Lori Lievonen from the Unionville BIA Board of Directors be
accepted with regret and a letter of appreciation be forwarded.
Council consented to add By-laws 2008-179 to 2008-184 and to separate By-laws 2008-157 and 2008-164.
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That By-law
2008-157 regarding the speed limit on Highway 48 be amended as follows:
- Highway 48
between Bur Oak Avenue and 16th Avenue (50 km/h)
- Highway 48
between Major Mackenzie Drive and Bur Oak Avenue (60 km/h)
CARRIED
Moved by Deputy Mayor J. Heath
Seconded by Regional Councillor J. Jones
That By-law 2008-164
be given three readings and enacted.
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor C. Moretti
That By-laws 2008-96
and 2008-97, 2008-122 to 2008-163, 2008-165 to 177 and By-laws 2008-179 to
2008-184 be given three readings and enacted.
(Clause 9, Report No. 26, 2008)
(Clause 9, Report No. 26, 2008)
(Clause 11, Report No. 34, 2008)
(Clause 1, Report No. 37, 2008)
(Clause 2, Report No. 37, 2008)
(Clause 2, Report No. 37, 2008)
(Clause 3, Report No. 37, 2008)
(Clause 4, Report No. 37, 2008)
Ontario
Municipal Board Approval By-laws
Info
(See Communication 62-2008)
Info
(See Communication 62-2008 - Page 25)
Info
(See Communication 62-2008 - Page 25)
Info
(See Communication 62-2008 - Page 25)
Info
(See Communication 62-2008 - Page 25)
(Clause 4, Report No. 38, 2008)
CARRIED
Moved by Regional Councillor J. Jones
Seconded by Councillor J. Webster
That Council resolve into an in-camera session to discuss three confidential legal matters (10:56 p.m.).
CARRIED
Moved by Councillor A. Chiu
Seconded by Councillor J. Webster
That Council rise and the Chair report the following three confidential legal matters from in-camera session (11:11 p.m.):
1. Award tender of relining of cast iron
and ductile watermains
(See Clause 2, Report No. 38)
2. Demolition of 12 Euclid Street
(See Clause 1, Report No. 39)
3. Proposed sale of Town's property
adjacent to St. Vladimir Ukrainian Catholic Church
(See New/Other Business 1)
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That Council resolve into an in-camera session to discuss confidential matters (11:20 p.m.).
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That Council rise and the Chair report the following from in-camera session (1:05 a.m., June 25, 2008):
That the minutes of the in-camera Council meeting held on June 10, 2008, be confirmed.
REPORT
OF GENERAL COMMITTEE - June 16, 2008
That the report entitled “St. Vladimir
Ukrainian Catholic Church – Result of Investigation of Land Exchange Options
for the Unopened Portion of William Street” be received; and,
That Part 6, Plan 65R-24474, located within the
St. Luke’s Cemetery, adjacent to St. Vladimir Ukrainian Catholic Church at 15
Church Lane, 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 24, 2008; and,
That staff be directed to do all things
necessary to give effect to this report.
That the
information presented to Council regarding a confidential property matter be
received; and,
That the Town
proceed as directed with respect to this matter.
That the confidential report dated May 20, 2008
from the Town Solicitor regarding a land acquisition matter be received; and,
That staff be directed to do all things
necessary to give effect to this report.
REPORT
OF DEVELOPMENT SERVICES COMMITTEE - June 17, 2008
That the
information presented by the Chief Administrative Officer regarding a
confidential legal matter be received; and,
That staff
proceed as directed with respect to this matter.
REPORT
OF DIRECTOR OF HUMAN RESOURCES
(6) CONFIDENTIAL PERSONNEL MATTER (11.0)
That Council
endorse the recommendation of the Chief Administrative Officer (
That staff be authorized and directed to do all things necessary to give effect to this report.
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor E. Shapero
That the report be adopted, approved and confirmed.
CARRIED
Moved by Councillor L. Kanapathi
Seconded by Councillor J. Virgilio
That By-law
2008-178 be given three readings and enacted.
CARRIED
Moved
by Deputy Mayor J. Heath
Seconded
by Regional Councillor J. Jones
That the meeting do adjourn.
CARRIED
Council adjourned at 1:10 a.m. on June 25, 2008
__________________________________ ________________________________
KIMBERLEY KITTERINGHAM FRANK SCARPITTI
DEPUTY
CLERK MAYOR
(Signed)