Council
Minutes
May
27, 2014, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 12
Alternate
formats for this document are available upon request
Roll
Call
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 Carolina Moretti, Councillor Colin
Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
Regrets
Mayor Frank
Scarpitti.
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
Bill Wiles, Manager of
Enforcement and Regulatory Services
Kimberley Kitteringham, City
Clerk
Martha Pettit,
Deputy City Clerk
The regular
meeting of Council convened at 7:17 PM on May 27, 2014 in the Council
Chamber. Deputy Mayor Jack Heath
presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to Motion Item No. 1 and Communication
No. 29-2014 titled "Final Recommendation Report Regarding Thornhill
Revitalization Study" 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) Councillor Valerie
Burke disclosed an interest with respect to Notices of Motion Item No. 1 titled
"Area of Thornhill Covered by By-Law 77-73" as she has a family owned
business in the Thornhill area.
2. MINUTES
(1) COUNCIL MINUTES
MAY 8 AND 15, 2014
May
8 May
15
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the Minutes of the Council Meetings
held on May 8 and 15, 2014, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS - NOTICE OF
MOTION TITLED "FINAL RECOMMENDATION REPORT REGARDING THORNHILL
REVITALIZATION STUDY" (10.0)
The following
individuals addressed Council regarding the motion titled "Final
Recommendation Report Regarding Thornhill Revitalization Study":
1. Alena Gotz, Resident, in support of the
proposed motion.
2. Lorne Kumer, Thornhill Area Revitalization Working Group,
in opposition to the proposed motion.
3. Paul
Zammit, Real Estate Ltd., in opposition to the proposed motion.
4. Brian Magee, Raywal
Cabinets, in opposition to the proposed
motion.
5. Mike Papapetrou, in opposition to the proposed motion.
6. Michael Dankevy, Thornhill Area Revitalization Working Group,
in opposition to the proposed motion.
7. Susan Eaton, AE Auto
Plus, in opposition to the proposed
motion.
8. Andrew Eaton, AE Auto
Plus, in opposition to the proposed
motion.
9. Angela Papapetrou, Auto
Trust Technician, in opposition to the
proposed motion.
10. Gail Gardner, Resident, in opposition to the proposed motion.
11. Willem
Tiemersma, Willand Ltd., in opposition
to the proposed motion.
12. Brian Gordon, in support
of the proposed motion.
13. Michael Lee, Thornhill Area Revitalization Working Group, in
support of the proposed motion.
14. Arnie Rose, delegation
read by Michael Lee, Thornhill Area
Revitalization Working Group, in support of the proposed motion.
15. Srdjana Jaksic, Thornhill Area Revitalization Working Group, in
support of the proposed motion.
(See Motion Item No. 1 for Council's decision on this matter)
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 22 - DEVELOPMENT SERVICES
COMMITTEE
(May 20, 2014)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Gord Landon
That Report
No. 22 – Development Services Committee comprised of 4 items be received and
adopted.
(1) LANGSTAFF GATEWAY SECONDARY PLAN
IMPLEMENTATION STATUS REPORT
(10.4)
Report
1) That
the staff report entitled “Langstaff Gateway Secondary Plan Implementation
Status Report” be received; and,
2) That
Council approve the Langstaff Gateway Memorandum of Agreement principles as
outlined in this report; and,
3) That
staff be directed to finalize the Memorandum of Agreement with Condor Properties
(The Owner), in accordance with the Agreement principles to the satisfaction of
the Commissioner of Development Services and the City Solicitor; and,
4) That
Council authorize the Mayor and Clerk to execute a Memorandum of Agreement and
any subsequent amendments for the implementation of the Langstaff Gateway
Secondary Plan, with the Owner, in a form satisfactory to the Commissioner of
Development Services and the City Solicitor; and,
5) That the Owner provides
financial reimbursement in accordance with the MOA, to the satisfaction of the
Commissioner of Development Services and the City Treasurer, at the time of
execution of the Agreement; and,
6) That
staff be authorized to engage the Thornhill Sub-committee, (comprised of Mayor
Scarpitti ex officio, Deputy Mayor Heath ex-officio, Regional Councillor Jones,
Councillor Burke and Councillor Shore); and,
7) That
the Thornhill Sub-committee proceedings include discussions with other
landowners; and,
8) That City staff
be authorized to initiate a process, as outlined in this report, to review and
approve Terms of Reference and review the Background Studies to be undertaken
by qualified professionals engaged by the Owner, as required by the Secondary
Plan prior to the precinct plan and development approvals, in consultation with
the Thornhill Sub-committee and the Owner; and,
9) that staff, in consultation
with the Thornhill Sub-committee, report back to Development Services Committee
on status of the Background Studies and Precinct Plan; and further,
10) that Staff
be authorized and directed to do all things necessary to give effect to this
resolution.
Carried
Report Revised
Reference Plan
1) That
the report dated May 20, 2014 titled “RECOMMENDATION REPORT, Global Unionville
Developments Inc., Applications for Official Plan and Zoning By-law Amendments
to permit a high density residential development at 28 Main Street Unionville,
and the associated Declaration of Surplus Lands in the vicinity, Files Nos.
OP/ZA 12 122739” be received; and,
2) That
in accordance with By-law 178-96, the lands legally described as Part of Lot 9,
Concession 5 (Markham), depicted as Parts 1, 2, 4, 5 and 9 on the Draft
Reference Plan prepared by R. Avis. Surveying Inc., attached hereto as Figure
6, being approximately 1,569 m2 (0.387 ac) (the “City-Owned Lands”),
be declared surplus to municipal purposes, subject to no objections from City Departments; and,
3) That subject to
Recommendation #2 above, the City enact a by-law to stop up and close that
portion of Enterprise Blvd, legally described as Part of Lot 9, Concession 5
(Markham), depicted as Parts 2, 3, 5, 7, 8, 9 and 10 on the Draft Reference
Plan prepared by R. Avis. Surveying Inc., attached hereto as Figure 6, being
approximately 421.7 m2 (0.104 ac) (the “Road Allowance Lands”); and,
4) That
subject to Recommendations #2 and #3 above, Mayor and Clerk be authorized to
execute an Agreement of Purchase and Sale with Global Unionville Development
Inc. (the “Applicant”) for the sale to the Applicant of the City-Owned Lands,
at a purchase price approved by the Chief Administrative Officer, containing
the conditions set out in this report, in a form satisfactory to the City
Solicitor and Chief Administrative Officer; and,
5) That
the application submitted by Global Unionville Development Inc. to amend the
Markham Centre Secondary Plan (OPA 21), as amended, be approved and that the
draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted
after the Applicant enters into an Agreement of Purchase and Sale with the City
for the acquisition of the City-Owned Lands; and,
6) That
the application submitted by Global Unionville Development Inc. to amend Zoning
By-law 122-72, as amended, and By-law 2004-196, as amended, be approved, and
the proposed Zoning By-law Amendments be brought forward to Council for
enactment once the Applicant has completed the acquisition of City-Owned Lands;
executed the Section 37 agreement; determined final parking ratios; and
finalized the necessary site details and financial arrangements relating to
shared access and private driveway arrangements with the neighbouring landowner
to the north [Main Street Residence (Unionville) Inc.] through the site plan
process; and,
7) In
the event that financial and access arrangements cannot be satisfactorily
concluded with the neighbouring landowner to the north, as described in
Recommendation #6 above, then at the request of Global Unionville Development
Inc. the proposed Zoning By-law Amendments be brought forward to Council for
enactment, subject to the Applicant demonstrating alternative access
arrangements to the satisfaction of the Director of Engineering; and,
8) That
the modeling forecasts for Markham Centre be updated to reflect the increased
residential unit count resulting from the approval of the proposed development;
and,
9) That
the Mayor and Clerk be authorized to execute a Section 37 Agreement with the
Applicant to the satisfaction of the Commissioner of Development Services and
the Chief Administrative Officer; and,
10) That the zoning by-law include holding
provisions addressing Transportation Demand Management, to be removed in each
phase when the Director of
Engineering is satisfied that transportation capacity is available; and
further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) MARKHAM
CENTRE VIVA RAPIDWAY
NEXT PHASE H3.4 PROJECT (5.14)
Report
1) That
the May 20, 2014 report
titled “Markham Centre VIVA Rapidway Next Phase H3.4 Project”, be received;
and,
2) That
the general configuration of a local municipal street and the Rapidway on the
Civic Mall/Simcoe Promenade from Birchmount Road to Sciberras Road, as outlined
in this report and shown on the sketches attached as Attachment ‘B’, be
endorsed; and,
3) That
the Mayor and Clerk be authorized to execute an agreement with Ruland
Properties Inc. for the conveyance by Ruland Properties Inc. to the City of
lands required for a local municipal street and the Rapidway on the Civic
Mall/Simcoe Promenade (total width approximately 33.8 metres, subject to
detailed design) from Birchmount to Sciberres Road, in a form satisfactory to
the Chief Administrative Officer and the City Solicitor; and,
4) That
staff be authorized to convey property interests to the Regional Municipality
of York for the Transit Rapidway, including station locations, between Warden
Avenue and Sciberras Road to the satisfaction of the City Solicitor and the
Chief Administrative Officer; and,
5) That
the Mayor and Clerk be authorized to amend the existing “Permission to Enter
and Construct the Transit Rapidway” agreement or enter into a new agreement
with the Regional Municipality of York and other parties having jurisdiction to
establish the parties’ obligations, pertaining to construction of the expanded
Rapidway on municipal rights-of-way or City owned lands associated with the
H3.4 Project, in a form satisfactory to the Chief Administrative Officer and
the City Solicitor; and,
6) That
the Mayor and Clerk be authorized to amend the existing “License To Operate And
Maintain Transit Rapidways” agreement or enter into a new agreement with the
Regional Municipality of York and other parties having jurisdiction for the
operation and maintenance of the VIVA Rapidway on the expanded Rapidway
associated with the H3.4 Project, in a form satisfactory to the Chief
Administrative Officer and the City Solicitor; and,
7) That
the Mayor and Clerk be authorized to execute a construction agreement with
Ruland Properties Inc. for construction of the municipal street (including
road, bridge crossings, cycling facilities, sidewalks, boulevards, landscaping,
underground services and public utilities,) on the Civic Mall/Simcoe Promenade,
in a form satisfactory to the Chief Administrative Officer and the City
Solicitor; and further,
8) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(4) HIGHWAY 48 FLOW CONTROL
CONTRIBUTION (5.0)
Report
1) That
the staff report entitled “Highway 48 Flow Control Contribution” be received;
and,
2) That
staff be directed to refund the surplus amount of the Flow Control Contribution
to the original owners who contributed to this project; and,
3) That
staff be directed to retain five (5)% of the Flow Control Contribution to cover
staff administration cost; and,
4) That
the Treasurer be authorized to refund the payments, as detailed in this report,
from the Non-DC Growth Reserve Fund; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
6(B) REPORT NO. 23 - GENERAL COMMITTEE (May 26,
2014)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Joe Li
That Report
No. 23 – General Committee comprised of 10 items be received and adopted.
(1) MINUTES OF THE APRIL 8, 2014
SENIORS ADVISORY COMMITTEE (16.0)
Minutes Terms
of Reference
1) That the minutes of the April 8, 2014 Seniors Advisory
Committee meeting be received for information purposes; and,
2) That
Council endorse the revised Terms of Reference as recommended at the April 8,
2014 Seniors Advisory Committee meeting.
Carried
(2) 082-R-14
SUPPLY AND DELIVERY OF SERVER
HARDWARE AND VMWARE SOFTWARE (7.12)
Report
1) That
the report entitled “082-R-14 Supply and Delivery of Server Hardware and VMware
Software” be received; and,
2) That
the contract for “Supply and
Delivery of Server Hardware and Vmware Software” be awarded to
the highest ranked, lowest priced bidder, Compugen Inc., in the total amount of
$478,111 inclusive of HST for a term
of six years to expire on December 31, 2020; and,
3) That
the total award of $478,111 inclusive of HST be funded from the Primary Data
Centre Server Replacement Project (Account #049- 5350-14409-005); and,
4) That
the recommended bidder, Compugen Inc. be designated as preferred vendor for
City’s Server Hardware and Vmware Software product for the term of this
contract; and,
5) That Staff be authorized to amend the
purchase order amounts in years 2014 – 2020 to accommodate business needs for
the purchase of the identified Server Hardware and Vmware software products
through Capital and Operating Budgets as approved by Council during the annual
budget process; 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 -
JULY 1, 2014 (7.11)
Report
1) That
the report titled “Development Charges Indexing – July 1, 2014” be received;
and,
2) That
Council approve an increase in development charges of 0.6%, 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 CHARGES
DECEMBER 31, 2013
RESERVE BALANCES AND ANNUAL ACTIVITY OF
THE ACCOUNTS (7.11)
Report Attachments
1) That
the report titled “Development Charges December 31, 2013 Reserve Balances and
Annual Activity of the Accounts” be received by Council as required under
Section 43(1) of the Development Charges Act, 1997.
Carried
(5) DEVELOPMENT CHARGE
DEFERRAL –
CORNERSTONE CHRISTIAN COMMUNITY CHURCH (7.11)
Report
Attachment
1) That
the report titled “Development Charge Deferral – Cornerstone Christian
Community Church” be received; and,
2) That
Council authorize the Mayor and Clerk to execute an agreement with the
Cornerstone Community Church for a deferral of the payment of the City Wide
Hard Development Charges for up to three years, relating to the construction of
a the Cornerstone Centre at 9642 9th Line, to the satisfaction of
the City Solicitor; and,
3) That
the agreement provide that the City Wide Hard Development Charges to be
deferred be fully secured; and,
4) That
City Wide Hard Development Charges in the amount of $486,908.53 paid at
building permit issuance be refunded subsequent to the execution of the
deferral agreement; and,
5) That
the agreement provide that the deferred payment of the City Wide Hard
Development Charges be indexed at the higher of (1) Bank of Canada Prime
Business Rate or (2) Toronto Non-residential Building Construction Price index;
and,
6) That
Council authorize City staff to execute a service level agreement with the
Cornerstone Community Church in a form satisfactory to the City Solicitor and
CAO; and,
7) That
the Treasurer and Commissioner of Community and Fire Services be authorized to
approve Development Charge Deferrals that comply with the guidelines as
outlined in the “Community Use Facilities – Criteria and Conditions for
Deferral of Development Charges”, up to a value of $500,000; and further,
8) That
staff be directed to do all things necessary give effect to these
recommendations.
Carried
(6) AWARD OF CONTRACT
034-T-14
KENNEDY ROAD SEWAGE PUMPING
STATION UPGRADE (7.12)
Report
1) That the report
entitled “Award of Contract 034-T-14 Kennedy Road Sewage Pumping Station
Upgrade” be received; and,
2) That the Contract for Kennedy
Road Sewage Pumping Station Upgrade
be awarded to the lowest priced bidder, BGL Contractors Corp., in the total
amount of $355,549.44 inclusive of HST; and,
3) That
a contingency in the amount of $35,554.94 (10%), inclusive of HST, be established to cover any additional construction costs,
and that authorization to approve expenditures of this contingency amount up to
the specified limit be in accordance with the Expenditure Control Policy; and,
4) That the award be
funded from the Waterworks project for Sanitary Sewer Construction/Replacement
Program - Annual (account 053 6150 10329 005) in the amount of $391,104.38,
inclusive of HST; and,
5) That
the funding shortfall in the amount of $121,832.68 be funded from the
Waterworks Stabilization/Capital Reserve; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) MUNICIPAL FUNDING
AGREEMENT FOR
FEDERAL GAS TAX (7.0)
Report Attachment
1) That
the report dated April 30, 2014 entitled “Municipal Funding Agreement for
Federal Gas Tax” be received; and,
2) That
a By-Law be enacted granting authority to the Mayor and Clerk to sign the “Municipal Funding
Agreement for the Transfer of Federal Gas Tax Funds” between the Association of
Municipalities of Ontario (AMO) and the City of Markham (City); and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2014-72)
Carried
Report Attachment
1) That the report dated April 28, 2014
entitled “Unionville Theatre Company Request for Financial Assistance” be
received; and,
2) That Council not approve a gift or loan
in the amount of $35,000 to the Unionville Theatre Company; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(9) ENVIRONMENTAL
MANAGEMENT PLAN FOR
THE ABANDONED FUEL DISTRIBUTION
SYSTEM IN THORNHILL (5.0)
Report Attachments
1) That
the report titled “Environmental Management Plan for the Abandoned Fuel
Distribution System in Thornhill” be received; and,
2) That
the Mayor and Clerk be authorized to execute the Environmental Management Plan
(“EMP”) generally in the form attached to this report as “Attachment B” and
approved by the City Solicitor; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(10) SEWER USE BY-LAW UPDATE
AND
EFFLUENT COMPLIANCE PROGRAM (5.5)
Report Attachments
1) That
the report entitled “Sewer Use By-law Update and Effluent Compliance Program”,
dated May 26 2014, be received; and,
2) That
Council enact the proposed Sewer Use By-law, as described in this report
and in the form set out in Attachment
“A”; and,
3) That
Council repeal the current Sewer By-law (No. 436-86), as amended; and,
4) That
Council receive the information on Markham’s Sanitary Sewer Effluent Compliance
Program and the two-tier Sewer Use Compliance Collaboration with the Region of
York; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2014-71)
Carried
7. MOTIONS
(1) FINAL
RECOMMENDATION REPORT REGARDING
THORNHILL REVITALIZATION STUDY
(10.0)
Moved by
Councillor Howard Shore
Seconded by
Deputy Mayor Jack Heath
Whereas
the Thornhill Revitalization Working Group Terms of Reference were adopted by
Council on March 1, 2011; and,
Whereas
Town Hall meetings were held on April 27, 2011 and April 25, 2011; and,
Whereas
a Public Information meeting was held on January 23, 2013; and,
Whereas
at the Council meeting of March 23, 2013 key recommendations of the Working
Group were adopted, including: in the
Thornlea Revitalization Area, excluding the former Canac site, a prohibition of
manufacturing, assembly and warehousing, other than where no Certificate of
Approval is required from the Ministry of the Environment, and prohibiting auto
body repair shops in the new Official Plan; and,
Whereas
the Study Recommendations adopted by Markham Council in March 2013, identified
opportunities to attract a wider range of new employment uses, that are in
keeping with the Markham 2020 Economic Competitiveness Strategy; and,
Whereas
at a Special Council meeting of July 9, 2013 the Working Group was expanded to
include five community representatives and five business representatives as
well as all four Regional Councillors and Chaired by the Ward Councillor; and,
Whereas
the following clauses in the City –initiated draft amendment to By-law 77-73
were referred to the Revised Thornhill Area Revitalization Working Group for a
report back to the Development Services Committee by October 2013:
1. Permits
offices, personal services, financial institutions, commercial schools, and
retail and restaurant uses, but restricts industrial uses to existing uses
only;
2. Prohibits
all outdoor storage, auto body and auto repair, service stations and car
washes, hotels, funeral homes, night clubs, and new commercial storage uses;
3. Permits
day nurseries, places of worship, private schools, and motor vehicle sales
establishments, veterinary clinic, and indoor storage of motor vehicles on a
site-specific basis subject to previous zoning by-law amendments; and;
Whereas
it is recognized that current, existing businesses operating lawfully shall
have their current zoning uses and rights preserved and protected; and,
Whereas
staff have presented a new and revised draft zoning By-law and draft Official
Plan Amendment to address the concerns;
Now
therefore be it resolved:
1) That
staff present final recommendations to the Development Services Committee of
June 17, 2014, which shall include:
a. Proposed Zoning By-law and
Official Plan Amendment, which shall expressly include language toward
site-specific zoning to address the concerns of existing businesses in the auto
body maintenance and repair sector as well as those in the manufacturing
sector;
b. Clear definitions of outdoor
storage and how it relates to auto body/repair;
c. Terms of Reference for the
establishment of a Business Improvement Area, designation of the Study area as
a Community Improvement Plan area or combination thereof; and,
2) That
a Statutory Public Meeting be called for June 17, 2014; and further,
3) That
any decision of Development Services Committee be referred directly to the June
24, 2014 meeting of Council.
Motion lost by a recorded vote (10:1)
(Councillor Valerie Burke abstained due to
conflict noted below)
(See following recorded vote)
(See following to consider the matter)
Councillor
Valerie Burke disclosed an interest with respect to Motion Item No. 1 titled
"Final Recommendation Report Regarding Thornhill Revitalization
Study" as she has a family owned business in the Thornhill area and did
not take part in the discussion or vote on this matter.
Recorded vote:
Nays: Councillor Don
Hamilton, Councillor Carolina Moretti, Regional Councillor Joe Li, Regional
Councillor Jim Jones, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu. (10)
Yeas: Councillor
Howard Shore. (1)
Conflict: Councillor Valerie Burke. (1)
Absent: Mayor
Frank Scarpitti. (1)
Motion to move the matter forward for consideration:
Moved by Councillor Don Hamilton
Seconded by Councillor Carolina Moretti
That Council consider the motion titled "Final Recommendation
Report Regarding Thornhill Revitalization Study" immediately following the
delegations with respect thereto.
Carried
Note: The notice of this motion
titled "Final Recommendation Report Regarding Thornhill Revitalization
Study" was given to Council at its meeting held on May 15, 2014.
8. NOTICES OF MOTIONS
(1) AREA
OF THORNHILL COVERED BY BY-LAW 77-73 (10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
Whereas this part of Thornhill is and has
been in transition for a number of years and contains a wide range of low
density employment lands with at least one landowner under contract to sell;
and,
Whereas the ongoing and protracted process
between local businesses and residents to reach a satisfactory agreement for
land use has been unsuccessful and has caused a great deal of discord in the
area; and,
Whereas there is the possibility that with a
comprehensive and sophisticated level of urban planning, all stakeholders could
see their land use priorities realized to their satisfaction; and,
Whereas these lands are in a very strategic
location with frontage on Green Lane/John Street, and abutting two rail lines,
one of which is the Go Line from Richmond Hill to Union Station, as well as
being contiguous to, or a short distance from low and medium density
residential uses; and,
Whereas the Go Line from Richmond Hill has
been identified as a line to be converted into quiet Electric or High
Efficiency Diesel Commuter Trains running at frequent intervals; and,
Whereas this line has the potential, with new
drive train technology, to have a number of new stops added at Elgin Mill Road,
Major Mackenzie Road, 16th Ave, Green Lane/John Street, Steeles
Ave, Finch Ave, Eglinton Ave, Bloor Street and Queen Street; and,
Whereas this 85+ Acres
is a strategic parcel for residential infill and intensification, as well as
for a significant increase in non-industrial employment opportunities for the residents
of Markham; and,
Whereas there are few
locations of this size in the GTA available for both residential intensification and
non-industrial employment opportunities, leading to the conclusion that these lands
should be thoroughly studied with the intent of having a Comprehensive
Secondary Plan; and,
Whereas for proper urban planning, it is
extremely important that prior to any new development occurring a comprehensive
road network and land use plan be established; and,
Whereas it is in the interest of the City,
local businesses, and local residents to have this plan cover all of the
relevant lands and have an interactive process involving landowners,
ratepayers, GO, YRT and VIVA and professional world class urban design
consultants;
Now therefore be it resolved:
1) That Staff engage consultants determined by Staff to be
necessary, such as urban design architects, transportation planners and
engineers, landscape architects to
complete a secondary plan study for the lands shown on the attached Appendix; and,
2) That staff report back on the cost of the studies referred
to above with options for recovery of those costs.
Councillor
Valerie Burke disclosed an interest with respect to Notices of Motion Item No.
1 titled "Area of Thornhill Covered by By-Law 77-73" as she has a
family owned business in the Thornhill area.
Note: The Notice of Motion titled
"Area of Thornhill Covered by By-Law 77-73" will be considered by
Council on June 11, 2014.
9. COMMUNICATIONS
Council
consented to add the correspondences from Srdjana Jaksic and Brian Gordon under
Communication No. 29-2014.
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
That
Communication Nos. 25-2014, 26-2014 and 28-2014 to 30-2014 be received.
Carried
(Councillor
Valerie Burke abstained due to conflict
on
Communication No. 29-2014)
Council
consented to replace the words "...Friday June 20, 2014 from 2:00 PM to Saturday
June 21, 2014 8:00 PM..." with the words "...Friday June 20, 2014
from 3:00 PM to Saturday June 21, 2014 11:00 PM..." contained in
Communication No. 27-2014.
Moved by Councillor
Colin Campbell
Seconded by Councillor
Alan Ho
That
Communication No. 27-2014 be received.
Carried
Received
25-2014 CITY OF OSHAWA –
CANADA POST RESIDENTIAL DELIVERY SERVICES (13.5.2)
Letter
Forwarding their request to endorse the resolution
regarding Canada Post's announcement to replace all door-to-door mail delivery
with community mailbox delivery.
Carried
Referred to all Members of
Council
26-2014 ROAD CLOSURE
REQUEST – MARKHAM JAZZ FESTIVAL (3.5)
Info
The following roads will be closed to facilitate the Markham Jazz
Festival during the dates and times noted:
Roads to be closed
- Main Street Unionville
to south of Carlton Rd.
- Fred Varley Drive west
of Main Street Unionville.
- Main Street Unionville
from Concession Rd.
Dates and times of road closure
- August 15, 2014 – 5:00
PM TO 11:00 PM.
- August 16, 2014 –
11:00 AM TO 11:00 PM.
Carried
27-2014 TEMPORARY
EXTENSION APPLICATION FOR LIQUOR SALES LICENCE – MARKHAM VILLAGE BIA (WARDS 4
AND 5) (3.21)
Info
Requesting an approval from the City of Markham
to extend their existing liquor licence for the outdoor areas created by using
the sidewalks located directly in front of the establishment while the street
is closed to vehicular traffic. The proposed extension will be utilized in
conjunction with the events as follows:
Markham Village Music Festival
(Friday June 20, 2014 4:00 PM to 11:00 PM)
(Saturday June 21, 2014 11:00 AM to 9:00 PM)
- Marca
on Main, 96 Main Street North Markham
- Liberty Burgers &
Wings, 144 Main Street North Markham
- Main’s Mansion
Restaurant and Bar, 144 Main Street North Markham
- Al Dente Restaurant,
39 Main Street North Markham
- Folco’s Restaurant, 42
Main Street North Markham
- Rawlicious Restaurant,
116 Main Street North Markham
Markham Village Music Festival
(Friday June 20, 2014 4:00 PM to Saturday
June 21, 2014 2:00 AM)
(Saturday June 21, 2014 11:00 AM to 9:00 PM)
- The Duchess of
Markham, 53 Main Street North Markham ***
***Note: The approval to extend the patio from Friday June
20, 2014 4:00 PM to Saturday June 21, 2014 2:00 AM for the Duchess of Markham is
subject to the following conditions:
1. Over-night road closure has been approved by the City of Markham
for Friday June 20, 2014 from 3:00 PM to Saturday June 21, 2014 11:00 PM to
facilitate the Markham Village Music Festival.
2. Hiring (and confirmation) of a pay duty officer from 10:00 PM to
2:00 AM for each establishment operating past 11:00 PM.
3. Provision of stable and secure fence enclosure, with a minimum
0.91 m height, for any licenced patio areas established on municipal property.
4. Inspection and approval of fence enclosure by City Staff.
5. No amplified music past 11:00 PM.
Unity Festival
(Sunday July 20, 2014 (11:00 AM to 6:00 PM)
- Marca on Main, 96 Main Street North Markham
- Liberty Burgers &
Wings, 144 Main Street North Markham
- The Duchess of
Markham, 53 Main Street North Markham
- Main’s Mansion
Restaurant and Bar, 144 Main Street North Markham
- Al Dente Restaurant,
39 Main Street North Markham
- Folco’s Restaurant, 42
Main Street North Markham
- Rawlicious Restaurant,
116 Main Street North Markham
Markham Auto Classic
(Sunday September 7, 2014, 11:00 AM to 6:00 PM)
- Marca
on Main, 96 Main Street North Markham
- Liberty Burgers &
Wings, 144 Main Street North Markham
- The Duchess of
Markham, 53 Main Street North Markham
- Main’s Mansion
Restaurant and Bar, 144 Main Street North Markham
- Al Dente Restaurant,
39 Main Street North Markham
- Folco’s Restaurant, 42
Main Street North Markham
- Rawlicious Restaurant,
116 Main Street North Markham
Carried
28-2014 COMMUNICATION -
GLOBAL UNIONVILLE DEVELOPMENT INC., 28 MAIN STREET UNIONVILLE (10.3, 10.5, 8.0)
(See Item No. 2, Report No. 22)
Letter
Tatiana Di Giacinto, Rockport Group, property owner to the north of Global Unionville Development Inc., 28 Main
Street Unionville, providing comments.
Carried
29-2014 COMMUNICATIONS -
NOTICE OF MOTION TITLED "FINAL RECOMMENDATION REPORT REGARDING THORNHILL
REVITALIZATION STUDY" (10.0)
(See Motion Item No. 1)
Communications AddendumCommunications
Communications providing comments regarding the notice of motion titled
"Final Recommendation Report Regarding Thornhill Revitalization
Study" received as follows:
1. Dave Fantini, F.D.M.
Contracting Co. Ltd.
2. Gerald S. Swinkin,
Blake, Cassels & Graydon LLP, on behalf of Raywal Limited Partnership,
owner of 68 Green Lane.
3. Bob Lanthier, Chemline
Plastics Limited, 55 Guardsman Road.
4. Barry A. Horosko,
Brattys Barristers and Solicitors, on behalf of Granite Real Estate Investment
Trust, located at 67 Green Lane.
5. Lorne Kumer, Michael Dankevy, Brian
Magee, Angela Papapetrou and Paul Zammit, Members of Thornhill Area Revitalization Working Group.
6. Arnie
Rose.
7. Angela and Michael Papapetrou, Owners/Auto Trust Technicians, 79
Green Lane.
8. Mario Morassutti,
Property Manager and Part Owner, 47 Guardsman Road.
9. Duane Hoo, Can-Jam Motorsports, 41 Guardsman Road.
10. Stewart Hoo, Can-Jam Motorsports, 41 Guardsman Road.
11. Kevin Hoo, Can-Jam Motorsports, 41
Guardsman Road.
12. Srdjana Jaksic.
13. Brian Gordon.
Carried
(Councillor
Valerie Burke abstained due to conflict noted below)
Councillor
Valerie Burke disclosed an interest with respect to Communication No. 29-2014
"Final Recommendation Report Regarding Thornhill Revitalization
Study" as she has a family owned business in the Thornhill area and did
not take part in the discussion or vote on this matter.
30-2014 ROAD CLOSURE
REQUEST – UNIONVILLE FESTIVAL (3.5)
June
7 June
8
The following roads will be closed to facilitate the Unionville
Festival during the dates and times noted:
Saturday, June 7,
2014 – 6:00 AM to 8:00 PM
- Main
Street Unionville north from Concession Road to south of Carlton Road.
- No access
from Main Street Unionville east onto Carlton Road.
- No access
from Main Street Unionville west onto Fred Varley Drive and Carlton Road.
- Main
Street Unionville north from Highway 7 to south of Bridle Trail.
- Fred
Varley Drive west from Main Street to east of Fonthill Boulevard.
- Fred
Varley Drive west of EJ Lennox Way east of plaza driveway -will have limited
access for residents.
- Carlton
Road west of Wembley Avenue to Chamberry Cres.
- No access
from Main Street Unionville east onto Eckardt Avenue, Maple Lane, Victoria
Avenue, Carlton Road.
- No access
from Main Street Unionville west onto Pavilion Street, Euclid Street, Station
Lane, Fred Varley Drive, Main Street Lane (west), Carlton Road (east &
west).
- No access
from Main Street Unionville east onto Library Lane, The Bridle Trail.
- No access
from Main Street Unionville west onto Toogood Pond Park.
Sunday, June 8, 2014
– 8:30 AM to 5:00 PM
- Main
Street - Carlton Rd to Station Lane.
- Fred
Varley - Fronthill Blvd to Main Street Unionville.
- Concessions
Rd - Carlton Rd. to Main Street Unionville.
Carried
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the following proclamation, issued by the City Clerk in
accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Armenian National
Day (May 28, 2014); and,
2) That the following request for flag to
be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the
City Clerk in accordance with the City of Markham Community Flag Raisings &
Flag Protocol Policy, be received for information purposes:
- Armenian Flag (May
28, 2014).
Carried
11. NEW/OTHER BUSINESS
(1) DECLARATION
OF SURPLUS LANDS
GLOBAL UNIONVILLE DEVELOPMENT
INC. (10.3, 10.5, 8.0)
Moved by Councillor
Alan Ho
Seconded by Regional
Councillor Gord Landon
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
1) That the notice of
proposed sale for the City of Markham's lands legally described as follows be
confirmed:
"Part of Lot 9, Concession 5
(Markham), depicted as Parts 1, 2, 4, 5 and 9 on the Draft Reference Plan
prepared by R. Avis. Surveying Inc., Project No. 1616-15, Drawing No. 1616-15R
(GRID –NAD 83), being approximately 1,569 m2 (0.387 ac) (the
“City-Owned Lands”)."
(Item No. 2, Report No. 22)
Carried
12. BY-LAWS
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
That By-law
2014-69, 2014-71 and 2014-72 be given three readings and enacted.
Carried
(See following to consider the proposed
by-laws)
Moved
by Councillor Don Hamilton
Seconded
by Councillor Carolina Moretti
That
Council consider the proposed By-law Nos. By-law 2014-69, 2014-71 and 2014-72 immediately
following the deputations regarding Thornhill Revitalization Study.
Carried
Three Readings
BY-LAW 2014-69 HONDA CANADA INC. AND 11160 WOODBINE AVENUE LIMITED, 180
HONDA BOULEVARD, HOLD REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended, to permit future
employment development(s) on the subject lands.
By-law
Carried
BY-LAW 2014-71 A BY-LAW TO ENACT RULES AND REGULATIONS FOR THE INSTALLATION
AND CONNECTION OF PRIVATE SEWERS TO SEWAGE WORKS, AND THE DISCHARGE OF SEWAGE,
STORM WATER AND LAND DRAINAGE WITHIN THE SERVICED AREA OF THE CITY OF MARKHAM
(SEWER USE BY-LAW)
(Repeals Sewer By-law No. 436-86)
(Item No. 10, Report No. 23)
By-law
Carried
BY-LAW 2014-72 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO SIGN THE
“MUNICIPAL FUNDING AGREEMENT FOR THE TRANSFER OF FEDERAL GAS TAX FUNDS” BETWEEN
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO) AND THE CITY OF MARKHAM
(CITY)
(Item No. 7, Report No. 23)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Carolina Moretti
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following new business
item (9:24 PM):
(1) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
(UNIONVILLE BUSINESS
IMPROVEMENT AREA) (16.24)
[Section 239 (2) (b)]
Carried by a 2/3 vote of members present
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
That Council
rise from the in-camera session. (9:33 PM)
Carried
The in-camera new
business item was approved by Council as follows:
(1) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL
BOARD EMPLOYEES
(UNIONVILLE BUSINESS
IMPROVEMENT AREA) (16.24)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
Whereas
Council may, pursuant to subsection 204(12) of the Municipal Act,
appoint a person to fill a vacancy on a board of management for the unexpired
portion of the term and the appointed person is not required to be a member of
the improvement area;
Now
therefore be it resolved:
1) That
Council, in accordance with subsection 204(12) of the Municipal Act,
appoint Andrew Black to the Unionville Business Improvement District Board of
Management (the “Board”) until November 30, 2014, to fill the current vacancy
on the Board.
Carried
14. CONFIRMATORY BY-LAW
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
That By-law 2014-70
be given three readings and enacted.
Three Readings
BY-LAW 2014-70 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY
27, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
That the Council Meeting be adjourned at 9:34 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Jack Heath
City Clerk Deputy
Mayor
(Signed)