2008-06-24

COUNCIL MINUTES  Council Chamber, Civic Centre

Meeting No. 10

 

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

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor C. Moretti disclosed an interest with respect to Markham Centennial Bocce Club proposed facility lease terms and upfront payment (Clause 9, Report No. 34) by nature of being a Director for Markham Centennial Bocce Club, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.


 

(2)        Councillor C. Moretti disclosed an interest with respect to West Cathedral Fire Hall (Clause 12, Report No. 34, 2008) by nature of her son is employed by Fieldgate Developments, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

(3)        Councillor V. Burke disclosed an interest with respect to Transition of the Thornhill Industrial Area (Motion 1) by nature of being a part owner of a business on Guardsman Road as well as some members of her family work at this business, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES - JUNE 10, 2008

            Minutes

 

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

 

 

 

3.         PRESENTATIONS

 

Council consented to add Presentation (5).

 

(1)        PRESENTATION ON TOWN'S CULTURAL ALLIANCE
            WITH NORDLINGEN, GERMANY (12.2.6)

 

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

 


 

(2)        CANADIAN ASSOCIATION OF MUNICIPAL ADMINISTRATORS (CAMA)
            WILLIS AWARD FOR INNOVATION
            "CLICK WITH MARKHAM"
            - A UNIQUE PUBLIC ENGAGEMENT PROGRAM (12.2.6)

 

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.

 

 

(3)        SUPERINTENDENT WAYNE KALINSKI RECOGNITION (12.2.6)

 

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.

 

 

(4)        2007 SILVER DOLPHIN AWARDS (12.2.6)

 

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

 

 

(5)        PRESENTATION TO SHEILA BIRRELL, TOWN CLERK (12.2.6)

 

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

___________________________________

 

 

 

4.         DELEGATIONS

 

Council consented to add Delegations (1) to (6).

 

(1)        Angelo Santorelli, Trisan Construction, addressed Council regarding Award of Tender #021-T-08-2008, Relining of Cast Iron and Ductile Watermains, and expressed his opposition to the recommendation.  (7.12.1) (Clause 2, Report No. 38, 2008)

 

(2)        Michael O’Brien, LIUNA, Local 183, addressed Council regarding Award of Tender #021-T-08-2008, Relining of Cast Iron and Ductile Watermains, and expressed his opposition to the recommendation.  (7.12.1) (Clause 2, Report No. 38, 2008)

 

(3)        Jay Telegdi, Greater Toronto Sewer and Watermain Contractors Association, addressed Council regarding Award of Tender #021-T-08-2008, Relining of Cast Iron and Ductile Watermains, and spoke in support of an open and fair tendering process.  (7.12.1) (Clause 2, Report No. 38, 2008)

 

(4)        Annie Lam, addressed Council regarding Baldath Rampersad Application for Rezoning and Site Plan Approval to Permit a Daycare Centre and Medical Offices at 10137 Woodbine Avenue, and expressed concerns regarding the proposed rezoning. (10.5 & 10.6) (Clause 7, Report No. 36, 2008)

 

(5)        Edwin Lee, addressed Council regarding Baldath Rampersad Application for Rezoning and Site Plan Approval to Permit a Daycare Centre and Medical Offices at 10137 Woodbine Avenue, and expressed his opposition to the proposed rezoning.  (10.5 & 10.6) (Clause 7, Report No. 36, 2008)

 

(6)        Bal Rampersad, addressed Council regarding Baldath Rampersad Application for Rezoning and Site Plan Approval to Permit a Daycare Centre and Medical Offices at 10137 Woodbine Avenue, and expressed his support of the proposed recommendation.   (10.5 & 10.6) (Clause 7, Report No. 36, 2008)

 

 


 

5.         PETITIONS

 

(1)        There was no petition.

 

 

 

6(a)      REPORT NO. 32 - GENERAL COMMITTEE (May 26, 2008)

 

Moved by Councillor J. Virgilio

Seconded by Regional Councillor G. Landon

 

That Report No. 32 - General Committee comprising 1 clause be received and adopted.

 

 

(1)        DEVELOPMENT CHARGES TRANSITION RULES (7.11)

            Report

 

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 have submitted all documentation required to initiate the Subdivision Agreement, as set out in this report, on or before 30 days from the date of enactment of the 2008 Town Wide Hard and Area Specific Development Charge By-laws, be charged development charges based on the current 2004 bylaw rates, as indexed;
  • that site plans that have been endorsed by Council on or before 30 days from the date of enactment of the 2008 Town Wide Hard and Area Specific Development Charge By-laws, be charged development charges based on the current 2004 bylaw rates, as indexed; and,

 

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

 

 


 

6(b)      REPORT NO. 33 - GENERAL COMMITTEE (June 9, 2008)

 

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.

 

 

(1)        2008 LIFE CYCLE RESERVE STUDY UPDATE (7.0)

            Presentation

 

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

 

 

(2)        DEVELOPMENT CHARGES INDEXING JULY 1, 2008 (7.11)

            Report 

 

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

 


 

(3)        AWARD OF REQUEST FOR PROPOSAL 172-R-07 SUPPLY AND
            DELIVERY OF SOFT DRINKS AND RELATED EQUIPMENT (7.9)

            Report 

 

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

 

 

(4)        QUALITY MANAGEMENT SYSTEM OPERATIONAL PLAN
            ENDORSEMENT (5.3)

            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

 

 

(5)        CANCELLATION, REDUCTION OR REFUND OF TAXES UNDER
SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001
(RESIDENTIAL) (7.3)

            Report

 

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

 

 

 

6(c)      REPORT NO. 34 - GENERAL COMMITTEE (June 16, 2008)

 

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.

 

 

(1)        EAST MARKHAM COMMUNITY CENTRE (6.6)

 

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

 

 

(2)        MUSEUM COLLECTIONS BUILDING (6.7)

 

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

 

 

(3)        MINUTES OF THE JANUARY 16, FEBRUARY 20, MARCH 19,
APRIL 16, & MAY 21, 2008 ADVISORY COMMITTEE ON
ACCESSIBILITY (16.0)

            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

 

 

(4)        106-T-08 REPLACEMENT OF 19TH AVENUE BRIDGE
OVER THE LITTLE ROUGE CREEK
(EAST OF HIGHWAY 48, B19) (7.12.2)

            Report 

 

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

 

 

(5)        AMENDMENTS TO FEE BY-LAW 2002-276 IN RELATION TO
            FIRE SERVICES, COMMUNITY &
            FIRE SERVICES COMMISSION (7.15)

            Report  Attachment

 

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

 

 

(6)        REPORT ON SPENDING OF 2007 MARKHAM COUNCIL
            GRANTS FOR ROUGE PARK (7.0)

            Report 

 

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

 


 

(7)        FINANCIAL INCENTIVES FOR AFFORDABLE HOUSING-
EAST MARKHAM NON-PROFIT HOMES INC.- CONDITIONAL.
GRANT FOR DEVELOPMENT CHARGES AND REDUCED
CASH-IN-LIEU OF PARKLAND (7.0)

            Report 

 

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

 


 

(8)        AWARD OF TENDER #100-T-08 POMONA MILLS CREEK
EROSION RESTORATION PHASE I (7.12.1)

            Report 

 

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

 


 

(9)        MARKHAM CENTENNIAL BOCCE CLUB-PROPOSED FACILITY
LEASE TERMS AND UPFRONT PAYMENT (8.2)

            Report

 

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)

 

 

(10)      FENCE BY-LAW AMENDMENT (2.19)

            Report 

 

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)

 

(11)      DEVELOPMENT CHARGES (7.11)

 

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

 

 

(12)      WEST CATHEDRAL FIRE HALL (7.15)

            Presentation

 

 

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)

 

 


 

6(d)      REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE (June 10, 2008)

 

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.

 

(1)        TOWN INITIATED OFFICIAL PLAN AMENDMENT
            DEVELOPMENT PRINCIPLES FOR THE LANGSTAFF AREA
            (SD 03 – 116189) (10.3)

            Report   Attachment

 

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

 

 

(2)        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
            (ZA 07 131772 & SC 08 107365) (10.5 & 10.6)

            Report  Attachment

 

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

 

 

(3)        CIVIC MALL PRELIMINARY DESIGN CONCEPT
            MARKHAM CENTRE (10.0)

            Report  Attachment

 

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

 

 

 

6(e)      REPORT NO. 36 - DEVELOPMENT SERVICES COMMITTEE (June 17, 2008)

 

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.

 

(1)        REQUEST FOR VARIANCE TO THE
            FENCE BY-LAW 277-97, AS AMENDED,
            FOR 7751 YONGE STREET (1547155 ONTARIO LTD.) (2.19)

            Report  Attachment 

 

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

 

 

(2)        REQUEST FOR VARIANCE TO THE
            FENCE BY-LAW 277-97, AS AMENDED,
            FOR 2900 DENISON STREET
            ISLAMIC SOCIETY OF MARKHAM
            (FV 07 126490) (2.19)

            Report  Attachment

 

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:

 

  1. The fence design is to be consistent with the detail submitted. (Figure 3)
  2. Entry gates must provide a minimum 6.0 meter clear width for fire truck access.
  3. No lock is allowed to be installed as an internally integrated component of the gate system.  The gates may only be chained (in order that the chain/lock may be cut by the Fire Department staff in the event of an emergency).
  4. Entry gates can be closed only when there is no occupancy in the building; and further,

 

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

 

CARRIED

 

 

(3)        INTERPRETIVE PLAQUES FOR
            MOUNT JOY HERITAGE BUILDINGS (16.11)

            Report  Attachment

 

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

 


 

(4)        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
            (OP.07-131262) (10.3)

            Report  Attachment

 

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

 

 

(5)        ELIGIBILITY OF ARCHIBALD FENWICK HOUSE
            FOR RELOCATION TO MARKHAM HERITAGE ESTATES
            4551 ELGIN MILLS ROAD (16.11)

            Report  Attachment

 

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

 


 

(6)        RELEASE OF EASEMENT
            – PART OF LOTS 3 AND 4, CONCESSION 3
            DESIGNATED AS PARTS 1 AND 2, PLAN 65R-28378
            BOX GROVE COMMUNITY (8.1)

            Report  Attachment

 

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

 

 

(7)        BALDATH RAMPERSAD
           
APPLICATIONS FOR REZONING AND
            SITE PLAN APPROVAL TO PERMIT A
            DAYCARE CENTRE AND MEDICAL OFFICES
            AT 10137 WOODBINE AVENUE
            (ZA 07127816 & SC 07 124013) (10.5 & 10.6)

            Report  Attachment

 

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


 

 

(8)        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 AND ZA 05 013080) (10.7, 10.5)

            Report  Maps  By-law

 

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

 

 

(9)        INTENTION TO DESIGNATE UNDER PART IV
            OF THE ONTARIO HERITAGE ACT
            MUNSHAW HOMESTEAD
            10 RUGGLES AVENUE
            CONDOR PROPERTIES LTD. (16.11.3)

            Report   Attachment 

 

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

 


 

(10)      INTENTION TO DESIGNATE UNDER PART IV
            OF THE ONTARIO HERITAGE ACT
            GEORGE R. COWIE HOUSE
            5933 FOURTEENTH AVENUE
            1113529 ONTARIO INC. (16.11.3)

            Report  Attachment

 

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

 

 

(11)      ATTILIO VETTESE                                                                                        DSC Page 359
            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
            (ZA 08 110187 & SU 08 110200) (10.5, 10.7)

            Report  Attachment

 

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

 

 

(12)      RED BANNER DEVELOPMENTS LIMITED
            ZONING BY-LAW AMENDMENT APPLICATION
            TO
CLARIFY THE RANGE AND NATURE OF
            PERMITTED USES AND AMEND THE PARKING STANDARDS
            FOR
5970 AND 5990 16TH AVENUE.
            (ZA 08 115374) (10.5)

            Report  Attachment

 

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

 

 

(13)      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
            (ZA 06 131832 & SC 08 106746) (10.5, 10.6)

            Report  Attachment

 

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

 

 

(14)      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
            (OP.06-132776 AND ZA.06-132779) (10.3, 10.5)

            Report  Attachment

 

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

 


 

(15)      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
            (OP  07 126509) (10.3)

            Report   Attachment 

 

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

 

 

(16)      HIGHWAY 48 SPEED LIMIT REDUCTION
            BETWEEN MAJOR MACKENZIE DRIVE AND
            EDWARD JEFFREYS AVENUE (5.12.2)

            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

 

 

(17)      AWARD OF TENDER #068-T-08
            WOODBINE BYPASS CONSTRUCTION – PHASE 1 (7.12.2)

            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

 

 


 

6(f)       REPORT NO. 37 - DEVELOPMENT SERVICES PUBLIC MEETING (June 17, 2008)

 

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.

 

(1)        RULAND PROPERTIES INC.
            DOWNTOWN MARKHAM – PHASE 1
            ZONING BY-LAW AMENDMENT APPLICATION
            WEST SIDE OF THE BIRCHMOUNT ROAD EXTENSION
            PLAN 19TM01012
            MARKHAM CENTRE
            (ZA 08 110137) (10.5)

            Report  Attachment

 

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

 

 

(2)        ESTEE LAUDER COSMETICS
            80 ALDEN ROAD
            OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT
            APPLICATIONS TO PERMIT A PARKING LOT
            WITHIN THE HYDRO CORRIDOR
            (OP 08 112499 & ZA 08 112500) (10.3, 10.5)

            Report  Attachment

 

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

 

 

(3)        GREAT WEST DEVELOPMENTS
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT A MEDIUM DENSITY RESIDENTIAL
            DEVELOPMENT ON CONDOMINIUM ROADS AT THE
            SOUTHEAST CORNER OF MARKHAM ROAD AND ELSON STREET
            (ZA 08 110695) (10.5)

            Report  Attachment

 

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 Markham Road and Elson Street” be received; and,

 

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

 


 

(4)        FOREST BAY HOMES
            ZONING BY-LAW AMENDMENT
            APPLICATION TO PERMIT TWO
            SEMI-DETACHED RESIDENTIAL LOTS
            ON MONIQUE COURT
            (ZA 08 107567) (10.5)

            Report  Attachment

 

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 “Forest Bay Homes. Zoning By-law Amendment application (ZA 08 107567) to permit two semi-detached residential lots on Monique Court”, be received; and,

 

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

 

 

 

6(g)      REPORT NO. 38 - GENERAL COMMITTEE (June 23, 2008)

 

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.

 

 

(1)        DEVELOPMENT CHARGE CREDIT POLICY (7.11)

            Report  Attachment

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.).

 

________________________________

 

 

(2)        AWARD OF TENDER #021-T-08 2008 RELINING OF CAST IRON
            AND DUCTILE WATERMAINS (7.12.1)

            Report

 

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

 


 

(3)        POOL ALLOCATION POLICY UPDATE (6.0)

            Presentation

 

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

 

 

(4)        VITAL STATISTICS (9.4)

            Report  Attachment

 

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

 


 

(5)        EXTENSION OF CONTRACT 068-R-06 CONSULTING SERVICES
            FOR FACILITY PROJECT MANAGEMENT
            AND SPACE PLANNING (7.12)

            Report              Attachment

 

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

 

 

(6)        2008 MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA (BIA)
            OPERATING BUDGET (3.11)

            Report              Attachment

 

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

 


 

(7)        2008 UNIONVILLE BUSINESS IMPROVEMENT AREA (BIA)
            OPERATING BUDGET (3.12)

            Report  Attachment

 

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

 

 

(8)        2008 BUSINESS IMPROVEMENT AREA (BIA)
            TAX LEVY BY-LAW (3.11 & 3.12)

            Report 

 

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

 

 

(9)        CONDOMINIUM WORKING GROUP MEMBERSHIP (3.7)

            Report

 

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

 


 

(10)      CORNELL OVERNIGHT PARKING PERMIT PILOT PROGRAM (2.17)

            Report

 

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

 

 

(11)      COUNCIL ISSUES (16.0)

            Report 

 

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

 

 

(12)      WINTER OPERATIONS TENDERS (5.0)

 

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

 

(13)      APPOINTMENTS TO ADVISORY COMMITTEES (16.24)

 

That Mr. Richard Morales be appointed to the Heritage Markham Committee as the Markham Representative for the term ending November 30, 2011.

 

CARRIED

 

 

 

6(h)      REPORT NO. 39- DEVELOPMENT SERVICES COMMITTEE (June 24, 2008)

 

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

______________________________________

 

 

(1)        REQUEST FOR DEMOLITION OF DWELLING
            12 EUCLID STREET
            UNIONVILLE HERITAGE CONSERVATION DISTRICT
            (10.0 & 16.11)

            Report  Attachment

 

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)

 

 

(2)        YMCA BOULEVARD “PAY & DISPLAY”
            ON-STREET PARKING (5.12.4)

            Report  Attachment A  By-law 

 

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 Engineering Capital account – “Paid Parking Program” # 045-6900-4817-005 to maximum of $2,000; and further,

 

That staff be authorized and directed to do all things necessary to give effect to this resolution.

(By-law 2008-182)

 

 

(3)        1475398 ONTARIO INC. (TOWN AND COUNTRY BMW)
            EAST SIDE OF KENNEDY ROAD, BETWEEN
            SOUTH UNIONVILLE AVENUE AND HELEN AVENUE
            APPLICATIONS FOR OFFICIAL PLAN AND
            ZONING BY-LAW AMENDMENT TO PERMIT
            AN ADDITIONAL AUTOMOBILE DEALERSHIP
            (OP 06 132776 AND ZA 06 132779) (10.3 & 10.5)

            Memo  Attachment

 

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

 

 

(4)        MARKHAM ‘GIRO’ CYCLING EVENT
            SUNDAY, AUGUST 10, 2008 (5.12)

            Report  Map

 

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 Engineering Capital Account #083-5399-8113-005 - Cycling Awareness Program; and further,


 

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

 

CARRIED

 

 

 

7.         MOTIONS

 

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

________________________________

 

 

(1)        TRANSITION OF THE THORNHILL INDUSTRIAL AREA TO A
            HIGHER ORDER BUSINESS CORRIDOR AREA (10.0)

 

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

____________________________________

 

 

(2)        APPLICATION BY MEMORIAL GARDENS CANADA LIMITED
            TO DEMOLISH THE JOHN RAMER HOUSE & BARN, 6278 19TH AVENUE (16.11)

 

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)

 

 

 

 

8.         NOTICE OF MOTIONS

 

(1)        There was no notice of motion.

 

 

 

9.         COMMUNICATIONS

 

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:

 

Referred to all Members of Council

58-2008           Markham Village BIA - Requesting an approval from the Town of Markham regarding the applications of temporary extension to the liquor licence to be utilized in conjunction with the Main Street Markham Auto Classic being held on September 7, 2008 from 10:00 a.m. to 6:00 p.m. for the following establishments:

                                    - 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)

                        Info


 

59-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Unionville House Restaurant, 187 Main Street Unionville (extension of existing indoor and outdoor licence). (3.21)

                        Info

 

60-2008           Markham Village BIA - Forwarding a request to temporarily close various streets at Main Street Markham as follows:

                        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)

                        Info

 

61-2008           Commissioner of Corporate Services - Outlining the changes that have been made to the proposed development charges by-laws. (7.11)

                        (Clause 11, Report No. 34, 2008) (By-laws 2008-124 to 2008-144)

                        Memo

 

 

Referred to Commissioner of Development Services & Town Solicitor

62-2008           Ontario Municipal Board - Forwarding a decision regarding the following properties:

                        - 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)

                        Info

 


 

Referred to all Members of Council

 

63-2008           Roger T. Beaman, Thomson Rogers, representative for the property owner of Munshaw Homestead, 10 Ruggles Avenue - Requesting Council defer the consideration of the heritage designation for the subject property until September 2008 to enable additional information to be gathered concerning the building. (16.11.3) (Clause 9, Report No. 36, 2008)

                        Letter

 

64-2008           Commissioner of Development Services - Providing information regarding removal of the "Hold" provision for 1711509 Ontario Inc., 4600 Steeles Avenue East, northeast corner of Steeles Avenue East and future Midland Avenue. (10.5) (By-law 2008-183)

                        Memo

 

65-2008           Liquor Licence Application - Forwarding a request to complete the Alcohol and Gaming Commission Municipal Information Form for Wild Wing Boxgrove Inc., 70 Copper Creek Drive, Building 'H', CRU # 2 (indoor licence for new establishment). (3.21)

                        Info

 

CARRIED

 

 

 

10.       PROCLAMATIONS

 

Council consented to add Proclamation (1).

 

(1)        PROCLAMATIONS (3.4)

            Info

 

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)

 

 


 

11.       NEW/OTHER BUSINESS

 

________________________________

 

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

______________________________________

 

 

(1)        PART 6, PLAN 65R-24474
            ST. LUKES CEMETERY ADJACENT TO
            ST. VLADIMIR UKRAINIAN CATHOLIC CHURCH
            AT 15 CHURCH LANE (8.1)

 

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

 

 

(2)        UPDATE ON ONTARIO POWER AUTHORITY'S (OPA'S)
            LOCAL GENERATION RFP (NORTHERN YORK REGION) (5.7)

            Memo

 

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

 

 

(3)        BILL CROTHERS SECONDARY SCHOOL OUTDOOR SPORTS
            FIELDS JOINT USE AND MAINTENANCE AGREEMENT (8.2)

            Report  Attachment

 

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

 


 

(4)        UNIONVILLE BUSINESS IMPROVEMENT AREA (BIA)
            APPOINTMENT OF BOARD OF DIRECTORS (16.24)

            Letter

 

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.

 

 

 

12.       BY-LAWS

 

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.


 

Three Readings

 

BY-LAW 2008-96      A by-law to regulate or prohibit the injury or destruction of trees on private property within the Town of Markham (Tree Preservation By-law) (Effective June 24, 2008).

                                    (Clause 9, Report No. 26, 2008)

                                    By-law

 

BY-LAW 2008-97      A by-law to amend Fee By-law 2002-276 (Tree Preservation By-law Permit Fees) (Effective June 24, 2008).

                                    (Clause 9, Report No. 26, 2008)

                                    By-law

 

BY-LAW 2008-122    A by-law to amend Fee By-law 2002-276 (Fire services fees - Annually according to the Consumers Price Index using the same Index as Recreation Services).
(Clause 5, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-123    A by-law to amend Fence By-law 277-97 (To regulate garden structures and other landscaping constructions).
(Clause 10, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-124    A by-law to establish Town-Wide Hard Services Development Charges for the Corporation of the Town of Markham (repeals By-law 2004-222).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-125    A by-law to amend By-law 2008-124, being a by-law to establish Town-Wide Hard Services Development Charges for the Corporation of the Town of Markham (to revise the amount of the Town-wide hard services development charges calculated and collected by the Corporation of the Town of Markham).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-126    A by-law to establish an Area Specific Development Charges By-law for the Don Mills/Browns Corner Area 4 development Area of the Town of Markham (repeals By-law 2004-225).
(Clause 11, Report No. 34, 2008)

                                    By-law


 

BY-LAW 2008-127    A by-law to establish an Area Specific Development Charges By-law for the Armadale Area 5 development area of the Town of Markham (repeals By-law 2004-226).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-128    A by-law to establish an Area Specific Development Charges By-law for the Armadale North East Area 7 development area of the Town of Markham (repeals By-law 2004-227).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-129    A by-law to establish an Area Specific Development Charges By-law for the Milliken Mills Area 8 development area of the Town of Markham.
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-130    A by-law to establish an Area Specific Development Charges By-law for the PD 1-7 Area 9 development area of the Town of Markham (repeals By-law 2004-228).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-131    A by-law to establish an Area Specific Development Charges By-law for the Rodick/Miller Road Planning District Area 17 development area of the Town of Markham.

                                    (Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-132    A by-law to establish an Area Specific Development Charges By-law for the South Unionville Area 42A development area of the Town of Markham (repeals By-law 2004-333).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-133    A by-law to establish an Area Specific Development Charges By-law for the South Unionville - Helen Avenue Area 42A-1 development area of the Town of Markham (repeals By-law 2003-182).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-134    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre Area 42B development area of the Town of Markham (repeals By-law 2004-234).
(Clause 11, Report No. 34, 2008)

                                    By-law


 

BY-LAW 2008-135    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre - Clegg Area 42B-2 development area of the Town of Markham (repeals By-law 2004-236).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-136    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre - Hotel Area 42B-4 development area of the Town of Markham (repeals By-law 2004-238).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-137    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre - South Hwy. 7 Area 42B-6 development area of the Town of Markham (repeals By-law 2004-239).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-138    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre - Sciberras Area 42B-8 development area of the Town of Markham (repeals By-law 2004-241).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-139    A by-law to establish an Area Specific Development Charges By-law for the Markham Centre - East Precinct Area 42B-9 development area of the Town of Markham (repeals By-law 2004-242).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-140    A by-law to establish an Area Specific Development Charges By-law for the Rouge North East Area 44A development area of the Town of Markham.
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-141    A by-law to establish an Area Specific Development Charges By-law for the Wismer Area 45A development area of the Town of Markham (repeals By-law 2004-245).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-142    A by-law to establish an Area Specific Development Charges By-law for the Cathedral Area 46 development area of the Town of Markham (repeals By-law 2004-247).
(Clause 11, Report No. 34, 2008)

                                    By-law


 

BY-LAW 2008-143    A by-law to establish an Area Specific Development Charges By-law for the York Downs Area 47B development Area of the Town of Markham (repeals By-law 2004-249).
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-144    A by-law to establish an Area Specific Development Charges By-law for the 404 North Employment Lands Area 49 development area of the Town of Markham.
(Clause 11, Report No. 34, 2008)

                                    By-law

 

BY-LAW 2008-145    A by-law to adopt an Official Plan Amendment No. 171 (Langstaff Urban Growth Centre Area).
(Clause 1, Report No. 35, 2008)

                                    By-law

 

BY-LAW 2008-146    A by-law to amend Zoning By-law 108-81, as amended (Alderland Group, 201 Hood Road - To permit four mixed-use buildings containing offices, restaurants, retail and commercial uses).
(Clause 2, Report No. 35, 2008)

                                    By-law

 

BY-LAW 2008-147    A by-law to adopt an Official Plan Amendment No. 172 (Town initiated amendment to set out the requirements for complete applications submissions).
(Clause 4, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-148    A by-law to require prior consultation by applicants proposing to submit applications for official plan or zoning by-law amendments, plans of subdivision or site plans for the Corporation of the Town of Markham).
(Clause 4, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-149    A by-law to amend Zoning By-law 304-87, as amended (Baldath Rampersad, 10137 Woodbine Avenue - To delete subject lands from area By-law 304-87, as amended, so they may be incorporated into By-law 177-96, as amended, to allow for a day nursery, and a medical and professional office building).
(Clause 7, Report No. 36, 2008)

                                    By-law


 

BY-LAW 2008-150    A by-law to amend Zoning By-law 177-96, as amended (Baldath Rampersad, 10137 Woodbine Avenue - To allow for a day nursery, and a medical and professional office building).
(Clause 7, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-151    A by-law to amend Zoning By-law 193-81, as amended (1606090 Ontario Limited, 78 & 90 Lee Avenue - To permit single detached houses).
(Clause 8, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-152    A by-law to amend Zoning By-law 304-87, as amended (Attilio Vettese, 7085 14th Avenue, south side of 14th Avenue and west of CP railway tracks (19TM-0800001) - To delete subject lands from the designated area of By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of 58 townhouse units and two single-detached lots).
(Clause 11, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-153    A by-law to amend Zoning By-law 177-96, as amended (Attilio Vettese, 7085 14th Avenue, south side of 14th Avenue and west of CP railway tracks (19TM-0800001) - To permit the development of 58 townhouse units and two single-detached lots).
(Clause 11, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-154    A by-law to amend Zoning By-law 304-87, as amended (CRET 9900 Markham Limited, 5899 Major Mackenzie Drive, southwest corner of Major Mackenzie Drive and Markham Road- To delete subject lands from the designated area of By-law 304-87, as amended, so that they may be incorporated into By-law 177-96, as amended, to permit the development of a retail plaza).
(Clause 13, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-155    A by-law to amend Zoning By-law 177-96, as amended (CRET 9900 Markham Limited, 5899 Major Mackenzie Drive, southwest corner of Major Mackenzie Drive and Markham Road- To permit the development of a retail plaza).
(Clause 13, Report No. 36, 2008)

                                    By-law


 

BY-LAW 2008-156    A by-law to adopt an Official Plan Amendment No. 173 (Jolie Home Inc., east side of Kennedy Road between Castan Avenue and South Unionville Avenue, South Unionville Community - To permit a mixed-use development).
(Clause 15, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-157    A by-law to amend Speed By-law 105-71 (Highway 48 between Bur Oak Avenue and 16th Avenue - 50 km/h and Highway 48 between Major Mackenzie Drive and Bur Oak Avenue - 60 km/h).
(Clause 16, Report No. 36, 2008)                   CARRIED AS AMENDED
(Clause 16, Report No. 36, 2008)

                                    By-law

 

BY-LAW 2008-158    A by-law to amend Zoning By-law 2004-196, as amended (Ruland Properties Inc., Downtown Markham - Phase 1, west side of the Birchmount Road extension, Plan 19TM-01012 - To permit an increase in height for two residential apartment buildings)

                                    (Clause 1, Report No. 37, 2008)

                                    By-law

 

BY-LAW 2008-159    A by-law to adopt an Official Plan Amendment No. 174 (Estee Lauder Cosmetics, 80 Alden Road - To permit a parking lot within the Hydro Corridor).

                                    (Clause 2, Report No. 37, 2008)

                                    By-law

 

BY-LAW 2008-160    A by-law to amend Zoning By-law 108-81, as amended (Estee Lauder Cosmetics, 80 Alden Road - To permit a parking lot within the Hydro Corridor).

                                    (Clause 2, Report No. 37, 2008)

                                    By-law

 

BY-LAW 2008-161    A by-law to amend Zoning By-law 90-81, as amended (Great West Developments, southeast corner of Markham Road and Elson Street - To permit a medium density residential development).

                                    (Clause 3, Report No. 37, 2008)

                                    By-law

 

BY-LAW 2008-162    A by-law to amend Zoning By-law 90-81, as amended (Forest Bay Homes, north side of Monique Court and east of Markham Road - To permit two semi-detached residential lots).

                                    (Clause 4, Report No. 37, 2008)

                                    By-law


 

BY-LAW 2008-163    A by-law to authorize the temporary closure of various roads at Main Street Markham to facilitate the Markham Jazz Festival and Main Street Markham Auto Classic in 2008
(Communication No. 60-2008)

                                    By-law

 

BY-LAW 2008-164    To appoint Town Clerk for the Corporation of the Town of Markham - Kimberley Kitteringham. (Repeals By-laws 33-2000 (appointment of Sheila Birrell as the Town Clerk) and 2006-105 (appointment of Kimberley Kitteringham as Deputy Town Clerk).

                                    By-law

 

BY-LAW 2008-165    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Laurier Homes, south of Major Mackenzie Drive and west of Mingay Avenue, Lots 1 to 6, Plan 65M-4039).

                                    By-law

 

BY-LAW 2008-166    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Cathedral Town and 404 Developments Inc., Blocks 43 to 48, Plan 65M-3995, 100 Betty Roman Boulevard, northeast corner of Betty Roman Boulevard and Woodbine By-pass).

                                    By-law

 

BY-LAW 2008-167    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Monarch Corporation, Blocks 158 to 160, 65M-4050, southeast quadrant of Woodbine By-pass and Russel Dawson Road)

                                    By-law

 

BY-LAW 2008-168    A by-law to amend By-law 2002-308, being a by-law for licensing, regulating, and governing owners and drivers of taxicabs and taxicabs brokers (As requested by the taxi industry, Council approved maintaining taxi fares consistent with the City of Toronto.  The City of Toronto fares will be increased consistent with those recommended in the by-law effective June 24th, 2008).

                                    By-law

 

BY-LAW 2008-169    A by-law to amend Municipal Law Enforcement Officers Appointment By-law 2002-178 (To revise officers' list under Animal Control).

                                    By-law

 

BY-LAW 2008-170    A by-law to amend Zoning By-law 90-81, as amended (Neamsby Investments Inc., northwest corner of Markham Road and Steeles Avenue - To amend existing Hold provision on the subject property to prevent development until new servicing allocation is available and assigned to these lands).
(Clause 1, Report No. 27, 2008)

                                    By-law


 

BY-LAW 2008-171    A by-law to amend Zoning By-law 177-96, as amended (Heritage at Cathedral Subdivision - Monarch, westside of Woodbine Avenue and north of Major Mackenzie Drive - To remove (H) Hold provision to permit the construction of 2 single detached and 31 townhouse dwelling units).

                                    By-law

 

BY-LAW 2008-172    A by-law to amend Zoning By-law 2004-196, as amended (Ruland Properties Inc., north-east quadrant of Enterprise Boulevard and Rouge Valley Drive, Markham Centre - To remove (H) provision to permit the construction of 167 townhome units).

                                    By-law 

 

 

Ontario Municipal Board Approval By-laws

 

BY-LAW 2008-173    A by-law to amend Zoning By-law 2551, as amended (Robert and Deborah Tiberio, 196 and 198 Langstaff Road East - To allow business offices and outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)

                                    Info (See Communication 62-2008)

 

BY-LAW 2008-174    A by-law to amend Zoning By-law 2551, as amended (Cosini Properties Inc., 201, 203, 205 Langstaff Road East, and 3 and 5 Essex Avenue - To allow business offices and outdoor storage uses, and a cat rescue shelter at 205 Langstaff Road East, for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)

                                    Info (See Communication 62-2008 - Page 25)

 

BY-LAW 2008-175    A by-law to amend Zoning By-law 2551, as amended (Cosini Properties Inc., 195 Langstaff Road East - To allow business offices and outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)

                                    Info      (See Communication 62-2008 - Page 25)

 

BY-LAW 2008-176    A by-law to amend Zoning By-law 2551, as amended (Cosini Properties Inc., 139 Langstaff Road East - To allow business offices and outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)

                                    Info      (See Communication 62-2008 - Page 25)

 

BY-LAW 2008-177    A by-law to amend Zoning By-law 2551, as amended (Cosini Properties Inc., 21 Essex Avenue - To allow business offices and outdoor storage uses for a period of three (3) years).
(Communication No. 62 - Ontario Municipal Board Approval)

                                    Info      (See Communication 62-2008 - Page 25)


 

BY-LAW 2008-179    A by-law to amend Fee By-law 2002-276 (Revised marriage licence, wedding chapel rental, and commissioner of oath and certification fees).

                                    (Clause 4, Report No. 38, 2008)

                                    By-law

 

BY-LAW 2008-180    A by-law to provide for the levy and collection of sums required by the Unionville Business Improvement Area and the Old Markham Business Improvement Area for the year 2008.
(Clause 8, Report No. 38, 2008)

                                    By-law

 

BY-LAW 2008-181    A by-law to amend Parking By-law 2005-188 (Cornell overnight permit parking pilot program).
(Clause 10, Report No. 38, 2008)

                                    By-law

 

BY-LAW 2008-182    A by-law to amend Parking By-law 2005-188 (YMCA Boulevard "Pay and Display" on-street parking) (Paid Parking Program).
(Clause 4, Report No. 39, 2008)

                                    By-law

 

BY-LAW 2008-183    A by-law to amend By-law 177-96, as amended (1711509 Ontario Inc., 4600 Steels Avenue East, northeast corner of Steeles Avenue East and future Midland Avenue, Part of Lot 1, Concession - Remove Holding (H) provision to permit construction of a proposed development consisting of a 7-storey apartment building and two 3-storey townhouse blocks).
(Communication No. 64-2008)

                                    By-law

 

BY-LAW 2008-184    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control (Kylemore (Post Road) Ltd.Blocks 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29, Plan 65M-4065, north of 16th Avenue and east of Yorkton Boulevard ).

                                    By-law

CARRIED

 

 


 

13.       IN-CAMERA ITEMS

 

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):

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING - JUNE 10, 2008 (16.0)

 

That the minutes of the in-camera Council meeting held on June 10, 2008, be confirmed.

 

 


 

REPORT OF GENERAL COMMITTEE - June 16, 2008

 

(2)        CONFIDENTIAL LEGAL MATTER REGARDING
            THE CONVEYANCE OF LAND TO
            ST. VLADIMIR’S UKRAINIAN CATHOLIC CHURCH (8.1)

 

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.

 

 

(3)        CONFIDENTIAL PROPERTY MATTER (5.7)

 

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.

 

 

(4)        CONFIDENTIAL LAND ACQUISITION MATTER (8.6)

 

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

 

(5)        CONFIDENTIAL LEGAL MATTER (10.16)

 

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 (CAO) and appoint the preferred candidate to the position of Commissioner, Community and Fires Services; and,

 

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

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor L. Kanapathi

Seconded by Councillor J. Virgilio

 

That By-law 2008-178 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2008-178    A by-law to confirm the proceedings of the Council meeting of June 24 and 25, 2008.
(Council Meeting No. 10, 2008)

                                    By-law

 

CARRIED

 

 


 

15.       ADJOURNMENT

 

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)