COUNCIL
MINUTES
December
10, 2013, 1:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 28
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell,
Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
REGRETS
Councillor
Carolina Moretti.
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
Andrea Tang, Manager,
Financial Planning
Stephen Huycke, Public
Services and Record Coordinator
Carlie Turpin, Legislative
Coordinator
Peter Loukes, Director,
Environmental Services
The regular
meeting of Council convened at 1:04 p.m. on December 10, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to Item No. 5, Report No. 50 and
By-law 2013-221 regarding the adoption of Revised Draft City of Markham
Official Plan (Related to the Thornhill Revitalization Area and former Canac
Kitchens site specifically), as she has a family owned business in the
Thornhill area and did not take part in the discussion or vote on this matter.
2. MINUTES
(1) COUNCIL MINUTES – NOVEMBER 26, 2013
Minutes
Moved by
Councillor Alex Chiu
Seconded by
Councillor Howard Shore
1) That the Minutes of the
Council Meeting held on November 26, 2013, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) ANDREW FERANCIK - DELEGATION
REGARDING
5 OAKCREST AVENUE (10.5)
(Item No. 5, Report No. 50)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That the delegation of Andrew Ferancik, Walker, Nott, Dragicevic
Associates Ltd., regarding the setback requirement for the application
submitted Philip K. H. Eng, owner of 5 Oakcrest
Avenue, be received.
(See Item No.
5, Report No. 50 for Council decision on this matter)
CARRIED
(2) DELEGATIONS
REGARDING THE
REVISED DRAFT OFFICIAL PLAN
(10.0)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That the
following delegations regarding the Revised Draft Official Plan be received:
1. Marion Matthias, on
behalf of Ward One Thornhill South Residents Inc. and Bayview Glen Residents
Association, provided comments related to Thornhill areas.
2. Jim Kwan provided
comments related to second suites.
3. Heather Reading
enquired about the lands near the Hampton Green Condominiums Markham.
4. Mike Everard, on
behalf of Catholic Cemeteries Archdiocese of Toronto, requested that consideration of the
employment land redesignation application by Catholic Cemeteries be deferred.
(See Item No. 6, Report No. 50 for Council decision on this matter)
(3) GORD
WALTER (12.2.6)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That the
delegation of Gord Walter, on behalf of Sherwood Amber-Glen Ratepayers
Association, to thank Council and staff for their hard work in 2013 and extend
best wishes to everyone for the holiday season be received.
CARRIED
On behalf of
Council, Mayor Frank Scarpitti took the opportunity to wish everyone happy
holidays.
5. PETITIONS
There were no
petitions.
6(a) REPORT NO. 49 - GENERAL COMMITTEE (December
2, 2013)
Moved by
Regional Councillor Joe Li
Seconded by
Councillor Colin Campbell
That Council
Report No. 49 – General Committee comprised of 13 items be received and adopted,
except Item Nos. 9 and 13. (See
following Item Nos. 9 and 13)
(1) MINUTES OF THE NOVEMBER 13 AND
NOVEMBER 25, 2013
ENVIRONMENTAL ISSUES COMMITTEE (16.0)
Nov.
13 Nov.
25
Funding
Applications
1) That the Minutes of the
November 13 and November 25, 2013 Environmental Issues Committee be received
for information purposes; and,
2) That the following
recommendation from the November 13 and November 25, 2013 Environmental Issues
Committee meetings be endorsed:
a) November 13:
That the funding application from
Eddy Wu, Manager, Operations and Maintenance, Waterworks, for $5,000, for a
portable water bottle fill-up station, be approved; and,
That the funding application from
Toronto and Region Conservation Authority for $10,000, for a Environmental
Sustainability Geotour, be approved, subject to working with Markham Museum
staff; and,
b) November 25:
That the funding application from Laurie Canning, Manager, Fleet and
Supplies, for $8,737, for a natural gas vehicle conversion, be approved; and,
c) That the funds come from the Markham
Environmental Sustainability Fund (MESF), account #87 2800 168, and further,
d) That Staff be authorized to do all
things necessary to give effect to the above.
CARRIED
(2) AWARD OF CONTRACT
133-R-12 LABOUR AND
EMPLOYMENT LAW LEGAL SERVICES (7.12)
Report
1) That the report entitled “Award of Contract 133-R-12 Labour and Employment Law Legal Services” be received; and,
2) That Contract 133-R-12 for Labour and Employment Law Legal
Services be awarded to each of the two highest ranked bidders, Hicks Morley
Hamilton Stewart Storie B&S and Filion Wakely Thorup Angeletti
LLP for a one (1) year term with an option to renew for four (4) additional
years for the total amount of $363,545.00 over five (5) years between both
firms (inclusive of HST) (fixed hourly rates for five years):
a) 2014
- $72,709.00 (inclusive of HST)
b) 2015
- $72,709.00 (inclusive of HST)
c) 2016
- $72,709.00 (inclusive of HST)
d) 2017
- $72,709.00 (inclusive of HST)
e) 2018
- $72,709.00 (inclusive of HST)
Total: $363,545.00 (inclusive
of HST); and,
3) That the fees for Labour and Employment Law Legal Services
for Contract 133-R-12 be funded from account #200-205-5620 “Labour and
Employment Consulting Service” in the total amount of $363,545 (inclusive of HST, $72,709.00 per year), subject to Council approval
of the 2014 to 2018 Operating budgets; and,
4) That
Hicks
Morley Hamilton Stewart Storie B&S be designated as
the preferred vendor for the City’s Labour Law Legal Services needs for an initial
one year contract term with the Director, Human Resources having the authority
to renew the contract for successive one year terms to a maximum of a five year
term; and,
5) That Filion Wakely Thorup Angeletti LLP be designated as the preferred vendor for the City’s Employment Law Legal Services needs for an initial one year contract term with the Director,
Human Resources having the authority to renew the contract for successive one
year terms to a maximum of a five year term; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) DEVELOPMENT CHARGES
INDEXING
– JANUARY 1, 2014 (7.11)
Report
1) That
the report titled “Development Charges Indexing – January 1, 2014” be received;
and,
2) That
Council approve an increase in development charges of 0.3%, effective January
1, 2014; and further,
3) That Staff be
directed to do all things necessary to give effect to this report.
CARRIED
(4) DEVELOPMENT CHARGE REIMBURSEMENT
APPLICATION – MARKHAM STOUFFVILLE HOSPITAL (7.11)
Report
1) That
the report entitled “Development Charge Reimbursement Application – Markham
Stouffville Hospital” be received; and,
2) That
Council authorize a City Wide Hard Development Charge reimbursement of $209,622
to the Markham Stouffville Hospital for the construction of traffic signals on
Church Street at Country Glen Road to be paid from the City Wide Hard
Development Charge Reserve; and,
3) That
Council approve an amendment to the Development Charge Credit and Reimbursement
Policy to provide approval authority to the Treasurer for all amounts under
$500,000; and further,
4) That
Staff be
directed to do all things necessary to give effect to this report.
CARRIED
(5) WATER AND WASTEWATER
SYSTEM
FINANCIAL PLAN (5.3 & 7.4)
Report
1) That
the report entitled “Water and Wastewater System Financial Plan” prepared in
accordance with the Safe Drinking Water Act and Ontario Regulation 453/07 be
received; and,
2) That
Council, as the Owner and Operating Authority of the City of Markham’s Drinking
Water System, approve the Corporation of the City of Markham’s “Water and
Wastewater System Financial Plan”, which indicates that the Markham drinking
water and wastewater system is financially viable; and,
3) That
Council authorize Staff to submit the “Water and Wastewater System Financial
Plan” to the Ministry of Municipal Affairs and Housing on or before expiry of
the current licence on February 11, 2014; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution
CARRIED
(6) MARKHAM ENTERPRISES
CORPORATION
EQUITY INJECTION (7.0)
Report
1) That
the report entitled “Markham Enterprises Corporation Equity Injection” be
received; and,
2) That
the City of Markham subscribe for additional Markham Enterprises
Corporation shares, over the next four
years, up to a maximum of $17.1 million, to facilitate a Markham Enterprises
Corporation equity injection into PowerStream for their core business funding
requirements, with the purchase to be funded though the City’s Lifecycle
Replacement & Capital Reserve Fund; and,
3) That
the City of Markham’s commitment to subscribe for Markham Enterprises
Corporation shares, up to a maximum of $20.511 million, to facilitate a Markham
Enterprises Corporation equity injection into PowerStream for their solar
business, be extended to December 31, 2014; and,
4) That
the Mayor and Clerk be authorized to execute such documents as are necessary to
give effect to this resolution, in a form satisfactory to the City Solicitor;
and further,
5) That
Staff be directed to do all things necessary to give effect to this report.
CARRIED
(7) CONTRACT EXTENSION FOR
ROUTINE
AND EMERGENCY SEWER
AND WATERMAIN REPAIRS (5.4 & 7.12)
Report
1) That
the report entitled “Contract Extension for Routine & Emergency Sewer and
Watermain Repairs” be received; and,
2) That
the contract for Routine & Emergency Sewer and Watermain Repairs be
extended to Finch Paving (1993) Inc. for an additional six (6) months (January
1, 2014 to June 30, 2014) with a contractual value totaling $473,183, inclusive
of HST at the same 2013 itemized pricing; and,
3) That
the tendering process be waived in accordance with Purchasing By-Law 2004-341,
Part II, Section 7 (1) (c) which states “when the extension of an existing
contract would prove more cost-effective or beneficial”; and,
4) That
funds be provided from the 2014 Operating Budget accounts as listed in the
Financial Considerations section in the amount of $473,183, subject to Council
approval of the 2014 operating budget; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(8) DEVELOPMENT CHARGE
REFUND
– ANGUS GLEN VILLAGE LIMITED (7.11)
Report
1) That the report entitled “Development Charge Refund – Angus
Glen Village Ltd.” be received; and,
2) That Council authorize staff to refund Angus Glen Village
Ltd. the amount of $617,468 representing amounts paid into Area Specific
Development Charge Account 47A for a local crossing (bridge) which is being
built by Angus Glen at their cost; and,
3) That Council authorize staff to refund Angus Glen Village
Ltd. the amount of $15,273 representing amounts paid into Area Specific
Development Charge Account 47A for a sanitary sewer connection on 16th
Avenue which was built by Angus Glen at their cost; and,
4) That Council authorize the payments to be made subsequent to
the execution of the Amended Subdivision Agreement for Angus Glen West Village
Phase I; and further,
5) That staff
be directed to do all things necessary to give effect to this report.
CARRIED
(9) PROPOSED 2014
WATER/WASTEWATER
RATE INCREASE AND 2014 WATERWORKS
OPERATING BUDGET (5.3 & 7.4)
Memorandum Appendix
A Report
Dec.
10 Presentation
Discussion on the matter ensued.
Moved by
Regional Councillor Joe Li
Seconded by
Councillor Colin Campbell
1) That
the presentation dated December 10, 2013 titled "2014 Proposed
Water/Wastewater Rates (Supplemental Information)" and the memorandum dated December 2,
2013 from Andrea Tang, Manager of Financial Planning be received; and,
2) That the minutes from
the public meeting held on November 26, 2013 with respect to the 2014 Water and
Wastewater Rate Increase be received (Appendix A to the memorandum); and,
3) That the report dated
November 18, 2013 entitled “Proposed 2014 Water/Wastewater Rate Increase and
2014 Waterworks Operating Budget” be received; and,
4) That the 2014 City of Markham’s
(“City”) water/wastewater rate increase be equivalent to the Region of York’s
(“Region”) monetary increase of $0.1799 per cubic metre (m3) based
on the Region’s approved increase of 10%; and,
5) That in addition to the Region’s
increase, the 2014 water/wastewater rate increase include a surcharge of
$0.0474/m3; and,
6) That effective April 1, 2014, the 2014
water/wastewater rate will be $3.0649/m3, an increase of $0.2273/m3,
equivalent to a 8.0% increase compared to prior year; and,
7) That Council approve the 2014 Waterworks budget that
totals $96,505,681, (excluding the 2013 surplus/deficit), the principal
components of which are detailed in Appendix 1; and further,
8) That Staff be authorized and directed
to do things necessary to give effect to this resolution.
(By-law 2014-201)
CARRIED BY RECORDED VOTES
(See following recorded votes)
Recorded vote for the adoption of
Resolution Nos. 1 to 4 (12:0):
YEAS: Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Regional Councillor Joe Li,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath,
Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (12)
ABSENT: Councillor
Carolina Moretti.
Recorded vote for the adoption of
Resolution No. 5 (10:2):
YEAS: Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Regional Councillor Joe Li,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Gord
Landon, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
(10)
NAYS: Deputy
Mayor Jack Heath, Councillor Colin Campbell. (2)
ABSENT: Councillor Carolina Moretti.
Recorded vote for the adoption of
Resolution Nos. 6 to 8 (12:0):
YEAS: Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Regional Councillor Joe Li,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath,
Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (12)
ABSENT: Councillor
Carolina Moretti.
(10) 2014
CAPITAL BUDGET (7.5)
Report
1) That
the report dated December 2, 2013 entitled, “2014 Capital Budget” be received;
and,
2) That
the following changes to the 2014 Capital Budget be approved:
a) Capital
Project #14035 “Miller Avenue – Woodbine to Rodick Reconstruction – Design” be
increased by $101,800 from $508,000 to $609,800, to be funded from the
Waterworks Stabilization/Capital Reserve; and,
b) Capital
Project #14323 “Watermain
Construction and Replacement Program” with budget of $676,300 be deleted from
the 2014 Capital Budget; and,
c) A
new capital project, “Smart City Forum”, in the amount of $10,000, be added to
the 2014 Capital Budget, to be funded from the 2014 Operating Non-Life Cycle
funds; and,
d) Additional
funding in the amount of $54,800 be added to the 2013 approved capital project
#13343 “Streetlights – Markham Heritage Estates Subdivision” from $73,100 to
$127,900, to be funded from the 2014 Capital Budget (2014 Operating Non-Life
Cycle funds $39,800 and 2014 Operating Life Cycle funds $15,000); and,
3) That
Council approve the 2014 Capital Budget which totals $119,879,300 as outlined
in Appendices 1, 2 and 3; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(11) CONTRACT EXTENSION FOR
THE
SUPPLY & DELIVERY OF E10
GASOLINE WITH THE YORK REGION
BUYERS CO-OPERATIVE CT-09-02 (7.12)
Report
1) That
the report entitled “Contract Extension for the Supply & Delivery of E10
Gasoline with the York Region Buyers Co-operative CT-09-02” be received; and,
2) That the contract for
the supply & delivery of E10 Gasoline be extended to Valero Energy Inc.
(formerly – Ultramar Ltd.) at a per litre rate of $1.05/litre inclusive of all
taxes (HST, Provincial Road Tax, Federal Excise Tax) based on the November 27th,
2013 daily rack price, totaling $466,358, inclusive of all taxes; and,
3) That the contract term be for one (1)
year effective January 1, 2014 through to December 31, 2014, subject to Council
approval of the 2014 operating budget; and,
4) That the Tender process
be waived in accordance with the Purchasing By-Law 2004-341, Part II, Section 7
Non Competitive Procurement item 1 (c), which states; “when the extension of an
existing contract would prove more cost-effective or beneficial;”; and,
5) That the 2014 estimated
cost of award be provided within the Operations Department Operating Budget for
Gasoline, account 750-752-4300; and further,
6) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(12) PROVINCIAL
DEVELOPMENT
CHARGES REVIEW 2013 (7.11)
Report
1) That
the report entitled “Provincial Development Charges Review 2013” be received;
and,
2) That
Council recommend a revision to the
Development Charges Act, 1997, to remove the 10% discount applied to services
such as recreation, libraries, park development and transit; and,
3) That
Council recommend a revision to the Development Charges Act, 1997, to change
the requirement to calculate 10-year historic average service levels; and,
4) That
Council recommend a revision to the Development Charges Act, 1997, to allow for
the usage of a flexible methodology in the calculation of the service levels;
and,
5) That
Council recommend a revision to the Development Charges Act, 1997, to include
waste management, administrative buildings and hospitals as services that are
eligible for development charges; and,
6) That
Council recommend a revision to the Development Charges Act, 1997, to amend the
definition of capital cost to allow for the recovery of computer equipment;
and,
7) That
Council authorize staff to prepare and submit these recommendations, with
supporting evidence, for improving the Development Charges Act, 1997 to the
Ministry of Municipal Affairs and Housing by January 10, 2014, with a copy to
the Municipal Finance Officers Association; and,
8) That
a letter in support of the recommended changes to the Development Charges Act,
1997 be forwarded to the Premier of Ontario and the Minister of Municipal
Affairs and Housing by the Mayor; and further,
9) That
Staff be directed to do all things necessary to give effect to this report.
CARRIED
(13) DEVELOPMENT
OF A PARKS
SIGNAGE SYSTEM (6.3)
Presentation
Moved by
Regional Councillor Joe Li
Seconded by
Councillor Colin Campbell
1) That the presentation
dated December 2, 2013, entitled "Development of a Parks Signage
System" provided by Linda Irvine, Manager, Parks and Open Space
Development be received; and,
2) That
Council approve the proposed design direction as presented to General Committee
on December 2, 2013 in principal; and,
3) That
Staff undertake the following next steps:
a) Confirmation of sign
technical specifications.
b) Release Request for
Quotation to confirm Supplier and Cost of Production.
c) Production of a limited
number of signs based on current available funding (pilot) in 2014.
d) Identify new parks to be
signed (all parks built or in design since 1998).
e) Undertake inventory of
parks requiring new signage by Operations Department.
f) Prepare phased-in
multi-year sign replacement program commencing in 2015; and,
4) That staff be directed to
present the development of park signage concepts to the Heritage Markham
Committee for their input; and,
5) That staff be directed to
report back to General Committee; and further,
6) That Staff be directed to do all things necessary to give effect to
this recommendation.
CARRIED BY A RECORDED VOTE (12:0)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Joe Li, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell,
Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (12)
ABSENT: Councillor
Carolina Moretti.
6(b) REPORT
NO. 50 - DEVELOPMENT SERVICES COMMITTEE
(December 3, 2013)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That Report
No. 50 – Development Services Committee comprised of 7 items be received and
adopted, except Item Nos. 3, 5 and 6.
(See following Item Nos. 3, 5 and 6)
(1) MAIN STREET MARKHAM
COMMITTEE MINUTES
- September 18, 2013
- October 16, 2013 (16.34)
Sept.
18 Oct.
16
1) That the minutes of the Main Street Markham Committee
meetings held September 18 and October 16, 2013, be received for information
purposes: and,
2) That the following recommendation from the October 16, 2013
minutes be endorsed:
"That the Main Street Markham Committee
would like to maintain the current membership of the Main Street Markham
Committee until the end of the current Council term to ensure continuity of the
current work being undertaken on the street but would also welcome the addition
of new members to increase the expertise on the Committee and contribution to
the vision for the street."
CARRIED
(2) ACCEPTANCE FOR MAINTENANCE
OF PLANS OF SUBDIVISION
REGISTERED PLAN NUMBERS
65M-4195
65M-4196, 65M-4007, 65M-3809,
65R-27886
65M-3057, 65M-4066, 65M-3969,
65M-4263
65M-3807, 65M-4219, 65M-4256, 65R-32390
PARTS 1 TO 5, 65M-4215, AND
65M-4217 (10.7)
Report
1) That
the report entitled “Acceptance for Maintenance of Plans of Subdivision”
Registered Plan Numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809, 65R-27886,
65M-3057, 65M-4066, 65M-3969, 65M-4263, 65M-3807, 65M-4219, 65M-4256, 65R-32390
Parts 1 to 5, 65M-4215, and 65M-4217 be received; and,
2) That
the municipal services in Subdivision Registered Plan numbers 65M-4195,
65M-4196, 65M-4007, 65M-3809, 65R-27886, 65M-3057, 65M-4066, 65M-3969,
65M-4263, 65M-3807, 65M-4219, 65M-4256, 65R-32390 Parts 1 to 5, 65M-4215, and
65M-4217 be Accepted for Maintenance; and,
3) That
by-laws be enacted by Council to accept these subdivisions and to establish
each of the roads within the residential subdivisions as a public highway of
the Town of Markham; and,
4) That
the Community Services Commission accepts the responsibility for operating and
maintaining the infrastructure within the subdivisions as part of the Town’s
system; and,
5) That
the Acceptance for Maintenance Period commence September 1, 2013; and,
6) That
acceptance of the subdivisions to be taken into consideration in future
operation budgets; and,
7) That
the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including
compulsory stops to the indicated streets, be approved; and,
8) That
the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a
maximum speed of 40 kilometers per hour for the streets indicated, be approved;
and,
9) That
the by-law to amend schedule ‘F’ of the speed by-law #105-71, by including a
maximum speed of 50 kilometers per hour for the streets indicated, be approved;
and,
10) That
the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188,
by including prohibited parking on the streets indicated, be approved; and,
11) That
the Mayor and Clerk be authorized to execute the necessary releases from the terms
of the Subdivision Agreements, subject to confirmation from the Director of
Engineering that the final two year guarantee periods have been completed; and
further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2013-202 to 2013-218)
CARRIED
(3) STATUS OF LETTER OF CREDIT
AND APPLICATION FEES – 26
ALBERT STREET
MARKHAM VILLAGE (16.11)
Memo
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the deputation by Karen Rea regarding 26 Albert Street, be received; and,
2) That
the staff memorandum dated December 3, 2013 titled "Status of Letter of
Credit and Application Fees - 26 Albert Street, Markham Village" be
received; and further,
3) That
$8,200 from the Letter of Credit relating to 26 Albert Street, drawn upon and
cashed by the City of Markham, be returned to the applicant at this time.
CARRIED BY A RECORDED VOTE (7:4)
YEAS: Councillor Don
Hamilton, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor
Jack Heath, Councillor Colin Campbell, Councillor Logan Kanapathi, Councillor
Alex Chiu. (7)
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Regional Councillor Gord Landon,
Councillor Alan Ho. (4)
ABSENT: Regional Councillor
Joe Li, Councillor Carolina Moretti.
(4) RECOMMENDATION REPORT
DEL RIDGE (GOLDEN) INC.
(ORIGINALLY SUBMITTED BY
FOREST BAY HOMES)
APPLICATIONS TO AMEND THE
SECONDARY PLAN
AND ZONING BY-LAW AND FOR SITE
PLAN APPROVAL
TO PERMIT A 6-STOREY136 UNIT
RESIDENTIAL CONDOMINIUM
APARTMENT BUILDING AT 7400
MARKHAM ROAD
(OP 11 115740, ZA 11 115740 AND SC 11
115740) (10.4, 10.5, 10.6)
Report
DSC page 126
1) That
the report dated December 3rd, 2013 titled “RECOMMENDATION REPORT, Del Ridge (Golden) Inc. (originally submitted
by Forest Bay Homes), Applications to amend the Secondary Plan and Zoning
By-law and for Site Plan Approval to permit a 6-storey 136 unit residential
condominium apartment building at 7400 Markham Road, File Nos: OP 11 115740, ZA
11 115740 and SC 11 115740”, be received; and,
2) That
the record of the Public Meeting held on February 21st, 2012
regarding the applications originally submitted by Forest Bay Homes (OP 11
115740 and ZA 11 115740) to amend the
Secondary Plan (PD 24-2) for part of the Armadale Planning District and to
amend Zoning By-law 90-81, as amended,
be received; and,
3) That
the record of the Public Meeting held on December 3rd, 2013 regarding the revised applications
submitted by Del Ridge (Golden) Inc. (OP 11 115740 and ZA 11 115740) to amend
the Secondary Plan (PD 24-2) for part of the Armadale Planning District and to
amend Zoning By-law 90-81, as amended, be received; and,
4) That
the Official Plan Amendment (OPA) application (OP 11 115740) submitted by Del
Ridge (Golden) Inc. to amend Secondary Plan (PD 24-2) for part of the Armadale
Planning District, as amended, to permit a 6-storey 136 unit residential
condominium apartment building at 7400 Markham Road, be approved, and the draft
Secondary Plan amendment attached as Appendix ‘A’ be finalized and adopted
without further notice; and,
5) That
adoption of the OPA application (OP 11 115740) submitted by Del Ridge (Golden)
Inc. to amend Secondary Plan (PD 24-2) for part of the Armadale Planning
District, to permit a 6-storey 136 unit condominium apartment building at 7400
Markham Road be reflected in the draft City of Markham Official Plan, currently
under review; and,
6) That
the application (ZA 11 115740) submitted by Del Ridge (Golden) Inc. to amend
Zoning By-law 90-81, as amended, to permit a 6-storey residential
condominium apartment building at 7400
Markham Road, be approved, and the draft Zoning By-law amendment attached as
Appendix ‘B’ be finalized and enacted without further notice; and,
7) That
the Site Plan application (SC 11 115740) submitted by Del Ridge (Golden) Inc.
to facilitate a 6-storey 136 unit residential condominium building be endorsed
in principle, subject to conditions attached as Appendix ‘C’; and,
8) That
this endorsement shall lapse and site plan approval will not be issued, after a
period of three years commencing on December 3, 2013 in the event the site plan
agreement is not executed within that time period; and,
9) That
Site Plan Approval be delegated to the Director of Planning and Urban Design or
his designate, to be issued following execution of a site plan agreement. The Site Plan is only approved when the
Director or his designate has signed the site plan; and,
10) That the Site Plan Agreement include a cash
contribution of $150,000 for public art; and,
11) That
the City’s 2009 Policy, requiring all High Density residential developments to
achieve at least LEED Silver, be waived, subject to the implementation of the
sustainability initiatives outlined in this report, to the satisfaction of the
Commissioner of Development Services; and,
12) That
2011/2012 servicing allocation for all 136 apartment units be assigned by the
City of Markham, subject to the implementation of the sustainability initiatives
outlined in this report, to the satisfaction of the Commissioner of Development
Services; and,
13) That
the City reserves the right to revoke or reallocate servicing allocation should
the development not proceed in a timely manner; and,
14) That
the Mayor and Clerk be authorized to execute a Section 37 Agreement with the
Owner; and,
15) That
a By-law to remove the Holding (H) provision, on the subject lands, be adopted
by Council upon execution of the Site Plan Agreement, to the satisfaction of
the Commissioner of Development Services and City Solicitor; and further,
16) That
Staff be authorized to do all things necessary to give effect to this
resolution.
(By-laws 2013-219 and 2013-220)
CARRIED
(5) RECOMMENDATION REPORT
PHILIP K. H. ENG (OWNER)
5 OAKCREST AVENUE
ZONING BY-LAW AMENDMENT TO
PERMIT ONE NEW DETACHED
DWELLING
(ZA 13 131319) (10.5)
Report
Discussion on the matter ensued.
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the report dated December 3, 2013 titled “RECOMMENDATION REPORT, Philip K. H.
Eng (Owner), 5 Oakcrest Avenue, Zoning by-law amendment to permit one new
detached dwelling” be received; and,
2) That
the zoning amendment application (ZA 13 131319) be approved and the draft
zoning by-law amendment attached as Appendix ‘A’, which incorporates the
modifications as discussed in this report, be finalized and enacted; and
further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) ADOPTION OF REVISED DRAFT OFFICIAL PLAN
- ADDITIONAL COMMENTS AND
STAFF RESPONSE (10.0)
Dec. 3 Memo Link:
Memo
Nov. 19 Report Links:
Report Appendix
B Appendix
C Appendix
C – Correspondence
Appendix
D Appendix
E Appendix
F
Appendix 'A' to Nov. 19 Report– Revised Draft
Official Plan Dated Nov. 2013 Links:
Table
of Contents Chapter
1 Chapter
2 Chapter
3 Chapter
4 Chapter
5
Chapter
6 Chapter
7 Chapter
8 Chapter
9 Chapter
10 Chapter
11
Map
1 Map
2 Map
3 Map
4 Map
5 Map
6 Map
7 Map
8 Map
9
Map
10 Map
11 Map
12 Map
13 Map
14 Map
15
Appendix
A Appendix
B Appendix
C Appendix
D Appendix
E
Appendix
F Appendix
G Appendix
H Appendix
I Appendix
J
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the deputations at the Development Services Committee meeting held on December
3, 3013 by Mike Everard, representing Catholic Cemeteries Archdiocese of
Toronto; Don Given of Malone Given Parson, representing TACC, North Markham
Landowners Group, and Mark Lichtblau; Catherine Lyons of Goodmans representing
Minotar Holdings; and Allan Rubin, representing Markham Airport, regarding the
revised draft Official Plan be received; and,
2) That staff be directed to include Site A within the ‘Deferral
Area’ of the
employment land designation in the new Official Plan for Box Grove Hill Developments (OP 13-108173); and,
3) That
staff be directed to replace the current Map 7 of the Official Plan with the
revised Map 7 as presented by Catherine Lyons on December 3, 2013, regarding
revisions to the Greenbelt Plan Natural Heritage System for the Minotar lands
north of Major Mackenzie Drive and west of McCowan Road; and,
4) That
in the event the OMB decision on Phase I of the ROP/ROPA3 hearing determines
that additional lands are required for inclusion in the urban expansion area, the
Region be requested to amend the urban expansion area for Markham, as
identified in Regional Official Plan Amendment 3 (ROPA3) to include the
properties at:
-
5172 Major
Mackenzie Drive;
-
10066 McCowan
Road;
-
10144 McCowan
Road;
-
10192 McCowan
Road;
-
10228 McCowan
Road;
-
10272 McCowan
Road; and
-
The property
immediately to the north of 10272 McCowan Road; and
That
the Markham Official Plan be amended to be consistent with the revised boundary
of the urban expansion area identified in ROPA3; and,
5) That
consideration of the employment land redesignation application by Catholic
Cemeteries be deferred and that staff be directed to work with the applicant to
find a mutually agreeable solution to the Catholic Cemeteries requirements
on/or before two (2) years from December 10, 2013; and, in the event that staff
and Catholic Cemeteries do not arrive at a mutually agreeable solution within
said time frame, staff is directed to process the current application
OPA/13/116842; and,
6) That
the memorandum titled "Adoption of Revised Draft Official Plan –
Additional Comments and Staff Response" dated December 3, 2013 be
received; and,
7) That
the report entitled “Revised Draft Official Plan – Public Release and Adoption”
dated November 19, 2013, be received; and,
8) That
the Revised Draft Official Plan dated November, 2013, attached under separate
cover as Appendix ‘A’ to the November 19, 2013 report, including the proposed revisions outlined
in the December 3, 2013 memorandum, be adopted as Markham’s new Official Plan;
and,
9) That
upon adoption by Council, the new Official Plan be forwarded to the Region of
York for approval; and further
10) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2013-221)
CARRIED AS AMENDED BY RECORDED VOTES
(Councillor
Valerie Burke
abstained due to conflict related to
the Thornhill Revitalization Area and former
Canac Kitchens site specifically)
(See following recorded votes)
(See following amendments)
Resolution Nos. 1, 2, 4, 6, 7, 9 and 10 (11:0):
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (11)
ABSENT: Councillor
Carolina Moretti, Regional Councillor Joe Li.
Resolution No. 3 (10:1):
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor
Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex
Chiu. (10)
NAYS: Councillor
Valerie Burke. (1)
ABSENT: Regional
Councillor Joe Li, Councillor Carolina Moretti.
Resolution No. 5 (11:0):
Moved by Regional Councillor Jim Jones
Seconded by Deputy Mayor Jack Heath
That the following amendment regarding
Catholic Cemeteries be added as Resolution No. 5:
"5) That
consideration of the employment land redesignation application by Catholic
Cemeteries be deferred and that staff be directed to work with the applicant to
find a mutually agreeable solution to the Catholic Cemeteries requirements
on/or before two (2) years from December 10, 2013; and, in the event that staff
and Catholic Cemeteries do not arrive at a mutually agreeable solution within
said time frame, staff is directed to process the current application
OPA/13/116842;"
CARRIED (11:0)
(See
following recorded vote)
YEAS: Councillor Valerie Burke, Councillor
Howard Shore, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor
Alex Chiu. (11)
ABSENT: Councillor
Carolina Moretti, Regional Councillor Joe Li.
Resolution No. 8 (10:0):
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Regional Councillor Jim Jones, Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu. (10)
CONFLICT: Councillor Valerie
Burke (Related to the Thornhill Revitalization Area and former Canac Kitchens
site specifically).
ABSENT: Councillor
Carolina Moretti, Regional Councillor Joe Li.
(7) HIGHWAY 7 - VIVA H3 PROJECT
- SIDEWALK INSTALLATION (5.10)
Report
1) That the report entitled “Highway 7 - VIVA H3 Project -
Sidewalk Installation” be received; and
2) That Staff be authorized to issue a purchase order to York
Region Rapid Transit Corporation in the amount of $495,558.00 inclusive of HST, for the
construction of the following new sidewalks along Highway 7 (from Highway 404
to Town Centre Boulevard); South Town Centre Boulevard and Cedarland Drive as
part of VIVA H3 project; and,
3) That the tender process be waived in accordance with
Purchasing By-Law 2004-341, Part II, Section 7 Non Competitive Procurement Item
1 (g) which states “where it is in the City’s best interest not to solicit a
competitive bid”; and,
4) That the Engineering Capital Administration Fee in the
amount of $37,166.85 inclusive of HST be transferred to revenue account
640-998-8871 (Capital Administration Fees); and,
5) That funding for the sidewalk construction be funded from
account 083-5350-12051-005 (Sidewalk Program) in the amount of $532,724.85, inclusive of HST impact; and
further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
6(c) REPORT NO. 51 - GENERAL COMMITTEE
(December 9, 2013)
Moved by
Councillor Alan Ho
Seconded by
Councillor Logan Kanapathi
That Report
No. 51 – General Committee comprised of 2 items be received and adopted, except
Item No. 1. (See following Item No. 1)
CodeofConduct Presentation
Memo RevisedCodeofConduct
AdoptedCodeofConduct
Discussion on the matter ensued.
Moved by
Councillor Alan Ho
Seconded by Regional
Councillor Gord Landon
1) That
the memo dated December 10, 2013 from the City Clerk providing information
regarding the suggestions and amendments made at the December 9, 2013 General
Committee meeting be received; and,
2) That the words "brother and sister, including half
brother and sister" be eliminated from the definition of Family;
and,
3) That the statements such as "All Members will" and
"Members will" be amended to "Members are expected to" with
matters not having to adhere to legislation; and,
4) That the presentation provided by Kimberley Kitteringham,
City Clerk, entitled "Proposed Markham Council Code of Conduct
(Revised)", be received; and,
5) That Staff arrange a training and education session with
Members of Council and the Integrity Commissioner on the Code of Conduct to be
held in January, 2014; and,
6) That
Markham City Council adopt the proposed revised Council Code of Conduct to come
into effect on February 1, 2014 subject to a training and education session
having taken place with the Mayor, Members of Council and the Integrity
Commissioner; and,
7) That information on the Code of Conduct and the associated
complaint submission process be placed on the City’s website; and further,
8) That Staff report back to the General Committee on the Code
of Conduct in February, 2015 with any required revisions.
CARRIED BY A RECORDED VOTE (10:0)
(See following recorded vote)
(See following motion which was
lost)
Council consented to the following:
- Insert the sentence
"Such items are confidential to the Member to the extent as covered by
law.", after the end of first sentence under in the definition of
"Constituents Records".
- That Resolution No. 8
be revised to note that Staff report back to the General Committee on the Code
of Conduct in February, 2015 with any required revisions.
Recorded vote (10:0):
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Alex Chiu. (10)
ABSENT: Councillor Carolina
Moretti, Regional Councillor Joe Li, Councillor Logan Kanapathi.
Motion
which was lost:
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
That
investigations regarding sitting Members of Council not be accepted six months
prior to an election.
MOTION LOST
(2) REQUEST FOR PROPOSALS: RE-USE OF
160 DUDLEY AVENUE (ST. LUKES CATHOLIC SCHOOL) (7.12)
Memorandum
1) That
the memorandum dated December 4, 2013 from David Pearce, Manager of Real
Property, be received; and,
2) That
Staff recommend that the City release a Request for Proposal for the adaptive
re-use of the former St. Lukes Catholic School; and further,
3) That
Staff report back in January, 2014 on the results of the Request for Proposal
process and any recommended proposals.
CARRIED
6(d) REPORT NO. 52 – DEVELOPMENT SERVICES PUBLIC
MEETING
(December 9, 2013)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That Report
No. 52 – Development Services Public Meeting comprised of 1 item be received
and adopted.
(1) DEVELOPMENT FEE AND
BUILDING FEE BY-LAWS UPDATE
(2014) (10.0)
Summary Background
Info Report
1) That
the Record of the Public Meeting held on December 9, 2013, with respect to the
proposed amendments to the Development and Building Fee By-laws be received;
and,
2) That
the amendment to the “Tariff of Fees for Processing Planning Applications,”
By-law 211-83, substantially in the form attached as Attachment "A",
be enacted; and,
3) That
By-law 2011-236 be repealed and the attached “By-law respecting Construction,
Demolition and Change of Use Permits and Inspections,” attached as Attachment
“B”, be enacted; and further,
4) That
the By-laws come into force and take effect on January 1, 2014.
CARRIED
7. MOTIONS
There were no
motions.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
74-2013 LIQUOR LICENCE
APPLICATION FOR VICTORIAN TEA ROOM, 7713 YONGE STREET, MAIN FLOOR (WARD 1)
(3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of
ownership and application of a liquor licence for indoor areas not previously
licenced).
CARRIED
75-2013 COMMUNICATIONS
REGARDING THE PROPOSED CITY OF MARKHAM REVISED OFFICIAL PLAN (10.0)
Communications
1. Correspondence dated
December 8, 2013 from Maria Gatzios, Planning + Development Consultants Inc.,
providing comments on behalf of North Markham 404 GP Ltd. (Parcel A), 11160
Woodbine Avenue Ltd. (Parcels B & C) and Rice Commercial Group (Parcel D),
landowners within the 404 North Business Park.
2. Correspondence dated
December 8, 2013 from Maria Gatzios, Planning + Development Consultants Inc.,
providing comments on behalf 8 Steelcase Holding Corporation, landowners of 8
Steelcase Road West.
3. Correspondence dated
December 8, 2013 from Jeffrey E. Streisfield, Land Lawyer & Land
Development Manager, providing comments on behalf of Norfinch Group Inc.,
owners of plaza located at 8051-8055 Yonge Street.
4. Correspondence dated
December 8, 2013 from Jeffrey E. Streisfield, Land Lawyer & Land
Development Manager, providing comments on behalf of Scardred 7 Company Ltd.,
landowners of 4038 Highway 7.
5. Correspondence dated
December 6, 2013 from Jeremy Warson, Infrastructure Ontario, providing comments
respecting the property known as 8359 Reesor Road.
6. Correspondence dated
December 2, 2013 from Rosemarie L. Humphries, Humphries Planning Group Inc.,
providing comments on behalf of Terra Gold (McCowan) Properties Inc., owners of
9329 McCowan Road.
7. Correspondence dated
December 9, 2013 from Evelin Ellison, providing comments on behalf of Ward One
Thornhill South Residents Inc.
8. Correspondence dated
December 9, 2013 from Julius De Ruyter, PMG Planning Consultants, providing
comments on behalf of Forest Bay Homes Ltd., owners of 359 Elson Street.
9. Correspondence dated
December 9, 2013 from Michael Bissett, Bousfield Inc., providing comments on
behalf of Dundee Realty Corporation, owners of 60 Columbia Way.
10. Correspondence dated
December 8, 2013 from Anna Maria Dimilta, owner of lands know as Part of Lot
31, Concession 6, providing comments.
11. Correspondence dated
December 8, 2013 from Dominic Dimilta, Rocco Dimilta and Antonio Dimilta,
owners of 4584 19th Avenue, providing comments.
12. Correspondence dated
December 9, 2013 from Julius De Ruyter, PMG Planning Consultants, providing
comments on behalf of Norfinch Construction (Toronto) Limited, landowners for
the property located at the southwest corner of Reesor Road and Highway 7.
13. Correspondence dated
December 9, 2013 from Jason Park, Dentons Canada LLP, providing comments on
behalf of 4716 Elgin Mills Markham Ltd., Kennedy MM Markham Ltd., Markham MMM
North Development Corp. and Markham MMM South Development Corp., landowners of
the four properties in the northwest of the City of Markham.
14. Correspondence dated
December 9, 2013 Maria Gatzios, Planning + Development Consultants Inc.,
providing comments on behalf Berczy Glen Landowners Group (BGLG), landowners of
Concession Block 4, west of Warden Avenue and south of Elgin Mills Road East.
CARRIED
10. PROCLAMATIONS
There were no
proclamations.
11. NEW/OTHER BUSINESS
Moved by
Regional Councillor Gord Landon
Seconded by
Regional Councillor Jim Jones
That New/Other
Business Item Nos. 1, 2 and 4 to 11 be received and adopted.
(See following
for Item No. 3)
(1) 2387276
ONTARIO INC.
61 TELSON ROAD
- SUPPORT FOR FIT PROGRAM
(5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
2387276 Ontario Inc. (the "Applicant") proposes to construct and
operate a 100 KW rooftop solar PV system (the Project) on 61 Telson Road (the
"Lands") in the City of Markham under the Province's FIT Program;
and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the Project
on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(2) DELRIDGE
(GOLDEN) INC.
7400 MARKHAM ROAD
- SUPPORT FOR FIT PROGRAM
(5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
DelRidge (Golden) Inc.(the "Applicant") proposes to construct and
operate a 325 KW rooftop solar PV array (the Project) on 7400 Markham Road (the
"Lands") in the City of Markham under the Province's FIT Program;
and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(3) REGIONAL
MUNICIPALITY OF YORK
– REGIONAL COUNCIL COMPOSITION
(CITY OF VAUGHAN) (13.4)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Deputy Mayor Jack Heath
1) That
the report titled “Regional Municipality of York– Regional Council Composition
(City of Vaughan)” be received;
2) That
the correspondence from Denis Kelly, Regional Clerk, attached as Attachment “A”
be received;
3) That
Markham City Council consent to the adoption of a Regional Municipality of York
by-law changing the composition and size of Regional Council by increasing the
number of members elected from the City of Vaughan from four (4) to five (5);
4) That
the City Clerk be requested to forward Council’s decision on this to the
Regional Clerk; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (10:0)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Alex Chiu. (10)
ABSENT: Councillor Carolina
Moretti, Regional Councillor Joe Li, Councillor Logan Kanapathi.
(4) GRASSHOPPER SOLAR FIT
PROJECTS INC.
201 BENTLEY STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 24 KW rooftop solar PV array (the Project) on 201
Bentley Street (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(5) GRASSHOPPER SOLAR FIT
PROJECTS INC.
231 BENTLEY STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 24 KW rooftop solar PV array (the Project) on 231 Bentley
Street (the "Lands") in the City of Markham under the Province's FIT
Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(6) GRASSHOPPER SOLAR FIT
PROJECTS INC.
381 BENTLEY STREET, 385 BENTLEY STREET, 331 AMBER STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 300 KW rooftop solar PV array (the Project) on 381
Bentley Street, 385 Bentley Street, 331 Amber Street (the "Lands") in
the City of Markham under the Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(7) GRASSHOPPER SOLAR FIT
PROJECTS INC.
400 BENTLEY STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas Council
at its meeting held on October 3, 2012 directed staff to forward the completed
“Prescribed Form/Template: Municipal Council Resolution” and any other
documentation for renewable energy projects that meet the approved criteria as
determined by City staff for a motion to support specific projects as per the
Feed-In-Tariff Program, as required by the Ontario Power Authority to Council;
and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 250 KW rooftop solar PV array (the Project) on 400
Bentley Street (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(8) GRASSHOPPER SOLAR FIT
PROJECTS INC.
401 BENTLEY STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 75 KW rooftop solar PV array (the Project) on 401
Bentley Street (the "Lands") in the City of Markham under the
Province's FIT Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(9) GRASSHOPPER SOLAR FIT
PROJECTS INC.
421 BENTLEY STREET
- SUPPORT FOR FIT PROGRAM (5.7)
Whereas
Council at its meeting held on October 3, 2012 directed staff to forward the
completed “Prescribed Form/Template: Municipal Council Resolution” and any
other documentation for renewable energy projects that meet the approved
criteria as determined by City staff for a motion to support specific projects
as per the Feed-In-Tariff Program, as required by the Ontario Power Authority
to Council; and,
Whereas
Grasshopper Solar FIT Projects Inc. (the "Applicant") proposes to
construct and operate a 100 KW rooftop solar PV array (the Project) on 421 Bentley
Street (the "Lands") in the City of Markham under the Province's FIT
Program; and,
Whereas the
Applicant has requested that Council of the City of Markham indicate by
resolution Council's support for the construction and operation of the Project
on the Property; and,
Whereas
pursuant to the rules governing the FIT Program (the "FIT Rules"),
Applications whose Projects receive the formal support of Local Municipalities
will be awarded Priority Points, which may result in the Applicant being
offered a FIT Contract prior to other persons applying for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of the
Project on the Lands; and,
2) That
this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be use for the purpose of any other
form of municipal approval in relation to the Application or Project or any
other purpose.
CARRIED
(10) SUPPORT
OF FEED-IN-TARIFF PROGRAM (FIT)
FOR THE PROVINCE OF ONTARIO
(5.7)
Whereas capitalized terms not
defined herein have the meanings ascribed to them in the
FIT Rules, Version 3.0; and,
Whereas the Province's FIT Program encourages the construction and operation of rooftop solar PV array
generation projects (the "Projects"); and,
Whereas one or
more Projects may be constructed and operated in the City of Markham; and,
Whereas pursuant to the FIT Rules, Version 3.0, Applications whose Projects receive the formal support of Local Municipalities will be awarded
Priority Points, which may result in these Applicants being offered a FIT Contract
prior to other Persons applying
for FIT Contracts; and,
Now therefore be it resolved:
1) That
Council of the City of Markham supports the construction and operation of
rooftop solar PV array Projects anywhere in the City of Markham; and,
2) That
this resolution's sole purpose is to enable the participants in the FIT Program to receive Priority Points under the FIT Program and may
not be used for the purpose of any other form of municipal approval
in relation to the Application or Projects or any other purpose; and further,
3) That
this resolution shall expire twelve (12) months after its adoption by Council.
CARRIED
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That By-laws
2013-193 to 2013-220, 2013-222, 2013-223, 2013-225 and 2013-226 be given three
readings and enacted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That By-law
2013-192 be given three readings and enacted.
CARRIED
Moved by
Councillor Alex Chiu
Seconded by
Councillor Colin Campbell
That By-law
2013-221 be given three readings and enacted.
CARRIED
(Councillor
Valerie Burke
abstained due to conflict related to
the Thornhill Revitalization Area and former
Canac Kitchens site specifically)
Three Readings
BY-LAW 2013-192 ROAD DEDICATION BY-LAW (MEADOWVIEW AVENUE)
By-law
- A by-law to dedicate certain lands as part
of the highways of the City of Markham (Part of Lot 18, Plan 10327, designated
as Part 10, Plan 65R-32918)
CARRIED
BY-LAW 2013-193 ROAD DEDICATION BY-LAW (LANE AND IAN BARON AVENUE)
By-law
- A by-law to dedicate certain lands as part of the highways of the
City of Markham (Block 21, Plan 65M-4258 - Lane: Block 22, Plan 65M-4258 - Ian
Baron Avenue; Blocks 19 And 20, Plan 65M-4400 - Ian Baron Avenue; Block 22,
Plan 65M-4400 - Lane)
CARRIED
BY-LAW 2013-194 A BY-LAW TO RENAME IAN BARON AVENUE TO UNITY GARDENS DRIVE
By-law
- Part of Lot 2, Plan 2196, designated as
Parts 3 and 4, Plan 65R-33608 and Part of Lot 3, Plan 2196, designated as Part
2, Plan 65R-18880, save and except Parts 8 and 10, Plan 65R-26116
(Item No. 1, Report No. 43 – October 29, 2013
Council Meeting)
CARRIED
BY-LAW 2013-195 PACE DEVELOPMENT INC. PART LOT CONTROL EXEMPTION BY-LAW
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Blocks 1 to 6, Plan
65M-4390, west of Highway 48 between Bur Oak Avenue and Edward Jeffreys Avenue.
CARRIED
BY-LAW 2013-196 UPPER UNIONVILLE INC., PART LOT CONTROL EXEMPTION BY-LAW
By-law
-
A by-law to designate part of a certain plan of subdivision not subject to Part
Lot Control, Blocks 101, 102 and 103, Plan 65M-3886, north
of 16th Avenue, east of Kennedy Road.
CARRIED
BY-LAW 2013-197 A BY-LAW TO AMEND BY-LAW 2002-276, A BY-LAW TO IMPOSE FEES AND
CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM
(2014 E3 INITIATIVES USE FEES)
By-law
(Item No. 3, Report No. 47 – November 26,
2013 Council Meeting)
CARRIED
By-law
-
A by-law to amend By-law 177-96, as amended, to facilitate the development of
the lands for single detached, semi-detached and townhouse units.
(Item
No. 1, Report No. 39 – October 8, 2013 Council Meeting)
CARRIED
BY-LAW 2013-199 CORNELL ROUGE DEVELOPMENT CORP., SOUTH OF 16TH AVENUE, WEST OF
DONALD COUSENS PARKWAY, CORNELL COMMUNITY, ZONING BY-LAW AMENDMENT
By-law
-
A by-law to amend By-law 177-96, as amended, to amend driveway widths, rear
yard setbacks to permit double car garages on the subject lots.
(Item
No. 2, Report No. 39 – October 8, 2013 Council Meeting)
CARRIED
BY-LAW 2013-200 DIGRAM DEVELOPMENTS INC., MAJOR MACKENZIE DRIVE EAST PART OF LOT
20, CONCESSION 8, zoning by-law amendment
By-law
- A by-law to amend By-law 177-96, as
amended, to facilitate minor land exchanges between abutting land owners
for the orderly development of the Greensborough Planning District.
(Item
No. 4, Report No. 48 – November 26, 2013 Council Meeting)
CARRIED
BY-LAW 2013-201 2014 WATER/WASTEWATER RATE
By-law
- A by-law to amend By-law No. 2002-276, being a by-law to impose fees or
charges for services or activities provided or done by the City of Markham.
(Item No. 9, Report No. 49)
CARRIED
BY-LAW 2013-202 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-3057 AS PUBLIC HIGHWAY (SCHICKEDANZ BROS. LIMITED)
By-law
- Part of Lot 21, Concession 4 (Heritage Hill
Drive).
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-203 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-3807 AS PUBLIC HIGHWAY (MERIN INVESTMENTS (MARKHAM) INC.)
By-law
- Lot 1 and Parts of Lots 2, 3, 4 and 5,
Block C, Plan 18 and Part of West Half of Lot 9, Concession 8 (Torrance Road
and James Walker Court)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-204 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-3809 AS PUBLIC HIGHWAY (MACKENZIE BUILDERS & DEVELOPERS
LTD.)
By-law
- Part of the West Half of Lot 20, Concession
7 (Begonia Street, Hammersly Boulevard, Hermitage Boulevard, Fred McLaren
Boulevard, Florelle Drive, Greenspire Avenue, Hyacinth Street, Roy Rainey
Avenue and Beacon Point Street)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-205 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-3969 AS PUBLIC HIGHWAY (MACKENZIE BUILDERS & DEVELOPERS
LTD.)
By-law
- Part of the West Half of Lot 20, Concession
7 (Hammersly Boulevard)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-206 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4007 AS PUBLIC HIGHWAY (DOVCOM REALTY INC.)
By-law
- Part of Lot 19, Concession 7 (Locust
Terrace and Lane A)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-207 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4195 AS PUBLIC HIGHWAY (THE CROWN OF MARKHAM INC.)
By-law
- Part of Lots 23 and 24, Concession 3
(Reflection Road, Count Crystan Avenue and George Heenan Street)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-208 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4196 AS PUBLIC HIGHWAY (THE CROWN OF MARKHAM INC.)
By-law
- Part of Lots 23 and 24, Concession 3
(Anthony Roman Avenue, Alsop
Avenue, Reflection Road and George Heenan Street)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-209 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4215 AS PUBLIC HIGHWAY .(NINTH LINE DEVELOPMENTS LIMITED)
By-law
- Part of Lot 19, Concession 8 (Darren Hill
Trail, Desjardin Drive and Sedore Street)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-210 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4217 AS PUBLIC HIGHWAY (NINTH LINE DEVELOPMENTS LIMITED)
By-law
- Part of Lot 19, Concession 8 (Stoney Creek Drive and Swan Park
Road)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-211 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4219 AS PUBLIC HIGHWAY (1473092 ONTARIO LIMITED)
By-law
- Part of Lots 17 and 18, Concession 9
(Duncan Road, Garden Trail Road and Paper Birch Drive)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-212 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4256 AS PUBLIC HIGHWAY (CORNELL ROUGE DEVELOPMENT CORP.)
By-law
- Part of Lots 11 and 12, Concession 9
(Cornell Rouge Boulevard, Rustle
Woods Avenue, Red Brick Road, Honey Glen Avenue, Rivertree Street and Harvest
Field Road)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-213 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4263 AS PUBLIC HIGHWAY (MACKENZIE BUILDERS & DEVELOPERS
LTD.)
By-law
- Part of 19, Concession 7 (Fred McLaren
Boulevard and Greenspire Avenue)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-214 A BY-LAW TO ESTABLISH STREETS AS PUBLIC HIGHWAY BEING PART OF
BLOCK 179, 65M-3610
By-law
- Part of Lot 19 and Part of the West Half of
Lot 20, Concession 7, designated as Parts 3, 4, 5, 6, 7, 8 and 9, Plan
65R-27886 (Roy Rainey Avenue)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-215 A BY-LAW TO AMEND PARKING BY-LAW 2005-188
By-law
- To prohibit parking (Related to registered
plan numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809, 65R-27886, 65M-3057,
65M-4066, 65M-3969, 65M-4263, 65M-3807,
65M-4219, 65M-4256, 65R-32390, PARTS 1 TO 5, 65M-4215, AND 65M-4217)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-216 A BY-LAW TO AMEND SPEED BY-LAW 105-71 (40 km per hour)
By-law
- To define a maximum of 40 km per hour
(Related to registered plan numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809,
65R-27886, 65M-3057, 65M-4066, 65M-3969, 65M-4263, 65M-3807, 65M-4219,
65M-4256, 65R-32390, PARTS 1 TO 5, 65M-4215, AND 65M-4217)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-217 A BY-LAW TO AMEND SPEED BY-LAW 105-71 (50 km per hour)
By-law
- To define a maximum speed of 50 km per hour
on Betty Roman Boulevard from Markham By-Pass to Reflection Avenue.
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-218 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71
By-law
- To add compulsory stops (Related to
registered plan numbers 65M-4195, 65M-4196, 65M-4007, 65M-3809, 65R-27886,
65M-3057, 65M-4066, 65M-3969, 65M-4263, 65M-3807, 65M-4219, 65M-4256,
65R-32390, PARTS 1 TO 5, 65M-4215, AND 65M-4217)
(Item No. 2, Report No. 50)
CARRIED
BY-LAW 2013-219 DEL RIDGE (GOLDEN) INC. (ORIGINALLY SUBMITTED BY FOREST BAY
HOMES), 7400 MARKHAM ROAD, OFFICIAL PLAN AMENDMENT
OP
- A by-law to adopt Official Plan Amendment No.
214, to permit a condominium apartment building.
(Item No. 4, Report No. 50)
CARRIED
BY-LAW 2013-220 DEL RIDGE (GOLDEN) INC. (ORIGINALLY SUBMITTED BY FOREST BAY
HOMES), 7400 MARKHAM ROAD, ZONING BY-LAW AMENDMENT
By-law
- A by-law to amend By-law 90-81, as amended. The effect of the By-law is that a six
(6) storey, 136 unit residential condominium apartment building will be
permitted on the subject lands.
(Item No. 4, Report No. 50)
CARRIED
BY-LAW 2013-221 A BY-LAW TO ADOPT "PLANNING MARKHAM'S FUTURE, CITY OF
MARKHAM OFFICIAL PLAN, PART I"
By-law AddendumDoc
Table
of Contents Chapter
1 Chapter
2 Chapter
3 Chapter
4
Chapter
5 Chapter
6 Chapter
7 Chapter
8
Chapter
9 Chapter
10 Chapter
11
Map
1 Map
2 Map
3 Map
4 Map
5 Map
6 Map
7 Map
8
Map
9 Map
10 Map
11 Map
12 Map
13 Map
14 Map
15
Appendix
A Appendix
B Appendix
C Appendix
D Appendix
E
Appendix
F Appendix
G Appendix
H Appendix
I Appendix
J
(Item No. 6, Report No. 50)
CARRIED
(Councillor
Valerie Burke
abstained due to conflict related to
the Thornhill Revitalization Area and former
Canac Kitchens site specifically)
BY-LAW 2013-222 SUPERIOR DEVELOPERS, PART LOT CONTROL EXEMPTION BY-LAW
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Part of Block 18,
65M-4258, designed as Part 2 on Plan 65R-34638, south of Ian Baron Avenue, east
of Harry Cook Drive.
CARRIED
BY-LAW 2013-223 ROAD DEDICATION BY-LAW (SOUTH UNIONVILLE AVENUE)
By-law
- A by-law to dedicate certain lands as part of the highways of the
City of Markham (Block 127, Plan 65M-3397 and Part of Lot 6 and Part of Unnamed
Road Allowance, Plan 2196, designated as Parts 2, 4, 8, 10, 13, 15, 20 and 22,
Plan 65R-27219).
CARRIED
(Repeals By-law 2011-236)
(Item No. 1, Report No. 52)
By-law
CARRIED
BY-LAW 2013-226 A BY-LAW TO AMEND BY-LAW 211-83, AS AMENDED (A BY-LAW TO
PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF PLANNING APPLICATIONS)
(Item No. 1, Report No. 52)
By-law
CARRIED
13. IN-CAMERA ITEMS
Council
consented to not resolve into an in-camera session and to report out the
following items, as proposed, at open Council session:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 26, 2013 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f) (g)]
GENERAL COMMITTEE – December 2, 2013
(2) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5)
(8.7)
[Section 239 (2) (c)]
(3) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
(4) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD/COMMITTEE RESIGNATION) (16.24)
[Section 239 (2) (b)]
(5) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD (LEASE AGREEMENT) (7.12)
[Section 239 (2) (a)]
DEVELOPMENT SERVICES COMMITTEE – December 3,
2013
(6) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD (OMB - WARD 2)
(8.0)
[Section 239 (2) (e)]
GENERAL COMMITTEE – December 9, 2013
(7) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE
APPOINTMENTS) (16.24)
[Section 239 (2) (b)]
(8) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD (CONTRACT NEGOTIATION) (7.12)
[Section 239 (2) (e)]
Moved by
Councillor Alex Chiu
Seconded by
Regional Councillor Jim Jones
That In-camera
Item Nos. 1 to 8 be received and adopted.
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 26, 2013 (16.0)
1) That the Council
In-camera Minutes dated November 26, 2013 be confirmed.
CARRIED
(2) PROPOSED
LAND EXCHANGE FOR
THE REALIGNMENT OF CORNELL
CENTRE BOULEVARD (8.7)
1) That
the confidential report entitled “Proposed Land Exchange for the Realignment of
Cornell Centre Boulevard” be received; and,
2) That
pursuant to By-law 178-96, the City declare Parts 2 and 4, shown in blue on
Attachment No. 3, legally described as Part of Road Allowance between Lots 15
and 16, Concession 9, City of Markham, Regional Municipality of York, surplus to municipal purposes; and further,
3) That
subject to the results of Recommendation No. 2, above, the City enact a by-law
to stop up and close Parts 2 and 4 on Attachment 3, legally described as Part
of Road Allowance between Lots 15 and 16, Concession 9, City of Markham,
Regional Municipality of York; and further,
4) That
staff be authorized to proceed as directed by Council on December 10, 2013.
CARRIED
(3) BOARD/COMMITTEE
APPOINTMENTS (16.24)
1) That the following
appointments to the Agricultural Advisory Committee be confirmed:
Name Term
Lynne Koss November
30, 2016
Jay Reesor November
30, 2016
Richard Reesor November 30, 2016
Ligia DeFliippis November 30, 2016
2) That the following
re-appointments to the Achievement & Civic Recognition Advisory
Committee be confirmed:
Name Term
Tammy Mok November
30, 2014
Harvey Rogers November
30, 2014
Kenneth Wade November
30, 2014
3) That the following
re-appointment to the Cemetery Board be confirmed:
Name Term
John Byer November
30, 2016
4) That the following appointments
to the Cycling & Pedestrian Advisory Committee be confirmed:
Name Start
Date Term
Zain Khan January
1, 2014 November 30, 2016
Gordon Cole January
1, 2014 November 30, 2017
Dan Gilligan January
1, 2014 November 30, 2017
Gordon Lawson January
1, 2014 November 30, 2016
David Rawcliffe January 1, 2014 November
30, 2016
5) That the following
appointment to the Animal Care Committee be confirmed:
Name Start
Date Term
Trudie Ross January
1, 2014 November 30, 2016
6) That the following
appointments to the Advisory Committee on Accessibility be confirmed:
Name Start
Date Term
Keith Irish January 1, 2014 November 30, 2016
Brendan Faulkner January
1, 2014 November 30, 2016
Sidney Polak January
1, 2014 November 30, 2016
Robert Hunn January
1, 2014 November 30, 2016
Joan Jenkyn January
1, 2014 November 30, 2015
7) That the following
appointments to the Main Street Markham Committee be confirmed:
Name Start
Date Term
Jason McCauley January
1, 2014 November 30, 2016
Phil Howes January
1, 2014 November 30, 2016
Helen Walter January
1, 2014 November 30, 2016
(4) BOARD/COMMITTEE
RESIGNATION (16.24)
1) That the resignation of Rodney Yee from
the Markham Environmental Advisory Committee be received with regret for
information purposes and that a letter of appreciation be forwarded by Mayor
Frank Scarpitti.
CARRIED
(5) THE
SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD
(WARD 7) (7.12)
1) That the confidential
report dated November 21, 2013 from the Chief Administrative Officer and
Manager, Real Property regarding the security of the property of the municipality
or local board in Ward 7 be received; and,
2) That staff be
authorized to proceed as directed by Council on December 10, 2013.
CARRIED
(6) CONFIDENTIAL
REPORT
CONSENT AND MINOR VARIANCE
APPLICATION APPEAL
PATRICK KO & CHRISTINA MA
1 MILMAR COURT, B/11/13,
A/97/13 & A/98/13 (8.0)
1) That
the report titled “Confidential Report, Consent and Minor Variance Application
Appeal, Patrick Ko & Christina Ma, 1 Milmar Court, B/11/13, A/97/13 &
A/98/13” be received; and,
2) That
Council direct the City Solicitor and Staff to attend the Ontario Municipal
Board Hearing to:
a. support
the Committee of Adjustment’s decision to deny the requested consent and minor
variances;
b. request
that the applicant be required as a condition of severance approval, in the
event that the Ontario Municipal Board sees merit in the consent application.
to make arrangements satisfactory to the Chief Building Official, the Director
of Engineering, the Director of Operations, and the Treasurer respecting the
servicing of the retained parcel and severed parcel, which arrangements shall
include but not be limited to matters related to location of sewer hook ups,
and payment by the applicant of its proportionate share of the cost of
extending the sanitary sewer to Milmar Court; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) BOARD/COMMITTEE
APPOINTMENTS (16.24)
1) That
the following appointments to the Markham Environmental Advisory Committee
be confirmed:
Name
|
Start Date
|
Term
|
Diane Ross
|
January 1, 2014
|
November 30, 2016
|
Jocelyn Cheung
|
January 1, 2014
|
November 30, 2016
|
Amol Rao
|
January 1, 2014
|
November 30, 2016
|
Vern Ricksen Tam
|
January 1, 2014
|
November 30, 2016
|
2) That the following appointments to the Heritage
Markham Committee be confirmed:
Name
|
Start Date
|
Term
|
Anthony Farr
|
February 1, 2014
|
November 30, 2016
|
Templar Tsang-Trinaistich
|
February 1, 2014
|
November 30, 2016
|
Graham Dewar
|
February 1, 2014
|
November 30, 2016
|
3) That the following re-appointment to
the Agricultural Advisory Committee be confirmed:
Name
|
Term
|
Ruth Brock
|
November 30, 2016
|
4) That the following re-appointment to
the Public Realm Advisory Committee be confirmed:
Name
|
Term
|
Omar Bhatti
|
November 30, 2016
|
5) That the following appointments to the Race
Relations Committee be confirmed:
Name
|
Start
Date
|
Term
|
Maggie Quirt
|
January 1,
2014
|
November 30,
2016
|
Grace
Permaul
|
January 1,
2014
|
November 30,
2016
|
Osman Akhtar
|
January 1,
2014
|
November 30,
2016
|
Jaqueline
Sang
|
January 1,
2014
|
November 30,
2016
|
Moises Calo
(re-appointment)
|
January 1,
2014
|
November 30,
2016
|
6) That the following appointments to the Flato
Markham Theatre Advisory Board be confirmed:
Name
|
Start
Date
|
Term
|
Sophia Sun
|
January 1,
2014
|
November 30,
2016
|
Roger Feng
|
January 1,
2014
|
November 30,
2016
|
Anne
Gilligan
|
January 1,
2014
|
November 30,
2016
|
Aleem Israel
|
January 1,
2014
|
November 30,
2016
|
7) That the following appointments to the Public
Art Advisory Committee be confirmed:
Name
|
Start
Date
|
Term
|
Frankie Ip
|
January 1,
2014
|
November 30,
2016
|
Taleen Der
Haroutiounian
|
January 1,
2014
|
November 30,
2016
|
Stephen Lusk
|
January 1,
2014
|
November 30,
2016
|
8) That Council declare the position of Si
Ming (Steven) Lu on the Race Relations Committee vacant.
CARRIED
(8) TERMINATION OF CONTRACTS
046-T-13
(ASPHALT MAINTENANCE) AND
053-T-13 (CONCRETE
MAINTENANCE) (7.12)
1) That
the confidential report entitled “Termination of Contracts 046-T-13 (Asphalt
Maintenance) and 053-T-13 (Concrete Maintenance)” be received; and,
2) That
Staff be authorized to terminate the following contracts with Serve
Construction Ltd. - Contract 046-T-13 (Asphalt Maintenance) and Contract
053-T-13 (Concrete Maintenance); and,
3) That
Staff be authorized to negotiate a one year contract for asphalt maintenance
with Road Mill (the second lowest priced bidder for 046-T-13 (Asphalt
Maintenance) and a one year contract for concrete maintenance with Miwel
Construction (the second lowest bidder for 053-T-13 (Concrete Maintenance) pursuant
to Section 7(1)(g) of the City’s Purchasing By-law,
or (if negotiations are unsuccessful) issue a new tender to the market for
asphalt maintenance and concrete maintenance for 2014 (with the option for the
City to renew for 2015 and 2016); and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That By-law 2013-224
be given three readings and enacted.
Three Readings
BY-LAW 2013-224 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
DECEMBER 10, 2013.
By-Law
CARRIED
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Colin Campbell
That the Council Meeting be adjourned at 4:05 p.m.
CARRIED
_________________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
CITY CLERK MAYOR
(Signed)