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                                                                                                  COUNCIL MINUTES

                                                                                    June 17, 2013, 7:00 p.m.

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

                                                                                                     Meeting No. 14

 

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 Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu.

 

 

REGRETS

Councillor Logan Kanapathi.

 

 

STAFF

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor

Brenda Librecz, Commissioner of Community and Fire Services

Trinela Cane, Commissioner of Corporate Services

Jim Baird, Commissioner of Development Services

Joel Lustig, Treasurer

John Wong, Technology Support Specialist

Dennis Flaherty, Director of Communications and Community Relations

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy Clerk

Linda Irvine, Manager, Parks and Open Space Planning

Tom Villella, Senior Project Coordinator

 

 

 

The regular meeting of Council convened at 7:22 p.m. on June 17, 2013 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

 

At 11:47 p.m. on June 17, 2013, Council passed a motion to waive Section 3.28 of Procedural By-law 2001-1 allowing the meeting to continue further than 12:01 a.m. on June 18, 2013.  The motion moved by Councillor Alex Chiu and Councillor Don Hamilton was carried by a two-thirds vote of the Members present.

 

 


 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Colin Campbell disclosed an interest with respect to Item No. 1, Report No. 28 titled “Request for Proposal 310-R-12 National Brand Food & Beverage Franchise Service for Cornell Community Centre and Library” as he may have financial interest in the National food company awarded with the contract for Cornell Community Centre and Library, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.

 

 

 

2.         MINUTES

 

(1)        COUNCIL MINUTES – MAY 22 AND 28, 2013

            May 22   May 28

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

            1)         That the Minutes of the Council Meeting held on May 22 and 28, 2013, be adopted.

 

CARRIED

 

 

 

3.         PRESENTATIONS

 

(1)        STAFF PRESENTATION REGARDING THE ITEM TITLED “REVIEW OF PARKLAND DEDICATION BY-LAW, POLICIES AND PRACTICES – FINAL RECOMMENDATIONS – PR 11 126647” (10.0)

            Presentation

 

Tom Villella, Senior Project Coordinator, provided a presentation regarding the review of parkland dedication by-law, which included information on the proposed reduction incentive for higher-density development, based on comments received at the Development Services Committee Public Meeting held on April 23, 2013.

(See Item No. 6, Report No. 29 for Council's decision on this matter)

 

 


 

4.         DELEGATIONS

 

(1)        DELEGATIONS REGARDING THE ITEM TITLED
“REVIEW OF PARKLAND DEDICATION BY-LAW,
POLICIES AND PRACTICES
– FINAL RECOMMENDATIONS – PR 11 126647” (10.0)

 

            The following individuals addressed Council and spoke in opposition to the proposed recommendation titled “Review of Parkland Dedication By-law, Policies and Practices – Final Recommendations – PR 11 126647”:

 

            1.         Marilyn Ginsburg, Grandview Area Residents Association.

            2.         Tupper Wheatley.

            3.         Donna Bush, Markham Village City Ratepayers Association.

            4.         Evelin Ellison, Ward One (South) Thornhill Residents Inc.

            5.         Eileen Liasi.

            6.         Karen Rea.

            (See Item No. 6, Report No. 29 for Council's decision on this matter)

 

 

(2)        DELEGATIONS REGARDING THE ITEM
            TITLED "RENAMING OF HIGHWAY 7" (10.14)

 

            The following individuals addressed Council and spoke in opposition to changing the street name of Highway 7:

 

            1.         Annette Cacorovski.

            2.         Donna Bush.

            3.         Karen Rea, Markham Village City Ratepayers Association.

            4.         Tom Chan

            5.         Jim Kwan

            (See Item No. 12, Report No. 29 for Council's decision on this matter)

 

 

(3)        DELEGATION REGARDING THE ITEM TITLED
            "RECOMMENDATION REPORT
            INFRASTRUCTURE ONTARIO
            ZONING AMENDMENT APPLICATION
            TO REMOVE LANDS AT 8416 BAYVIEW AVENUE
            FROM THE PARKWAY BELT WEST PLAN AND
            REVOKE A MINISTER’S ZONING ORDER (MZO) (ZA 12 122178)" (10.5)

 

            Evelin Ellison, Ward One (South) Thornhill Residents Inc., addressed Council regarding the application for lands at 8416 Bayview Avenue and requested assurance that the Langstaff woodlot will be protected.

            (See Item No. 4, Report No. 29 for Council's decision on this matter)

 


 

 

5.         PETITIONS

 

There were no petitions.

 

 

 

6(A)     REPORT NO. 28 - GENERAL COMMITTEE (June 10, 2013)

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

 

That Report No 28 – General Committee comprised of 12 items be received and adopted, except Items Nos. 1, 5, 8. (See following Item Nos. 1, 5, 8)

 

 

(1)        REQUEST FOR PROPOSAL 310-R-12
NATIONAL BRAND FOOD & BEVERAGE
FRANCHISE SERVICE FOR CORNELL
COMMUNITY CENTRE AND LIBRARY (7.12 & 6.6)

            Report     Attachment

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

 

1)         That the report “Request for Proposal 310-R-12 National Brand Food & Beverage Franchise Service for Cornell Community Centre and Library” be received; and,

 

2)         That Request for Proposal 310-R-12 National Brand Food & Beverage Franchise Service for Cornell Community Centre and Library be awarded to the sole bidder, Second Cup Limited for a five (5) year term; and,

 

3)         That Markham receive a commission amount of eight percent (8%) of Annual Gross Sales  up to and including $700,000, plus ten percent (10%) of that portion of Annual Gross Sales which is in excess of $700,000 with a guaranteed minimum revenue amount of $22,600.00 (Inclusive of HST) per year; and,

 

4)         That Staff be authorized to allow Second Cup Limited to install an exterior sign on the bottom double-sided panel pylon sign outside the Cornell Community Centre and Library in the annual rental amount of $1,800.00; and,


 

5)         That the Commissioner of Community & Fire Services and Commissioner of Corporate Services be authorized to extend the contract for an additional five (5) years subject to annual increases of 3% in each year commencing in year 6 of this agreement; and,

 

6)         That the proceeds from the annual revenues and signage rental be credited to operating account 505-921-8903 ‘Concession Rentals’ at Cornell Community Centre; and,

 

7)         That Staff be authorized to approve capital investments by Second Cup Limited they require subject to permit approval; and further,

 

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

 

CARRIED

(Councillor Colin Campbell abstained)

 

            Councillor Colin Campbell, having previously disclosed an interest on the item titled “Request for Proposal 310-R-12 National Brand Food & Beverage Franchise Service for Cornell Community Centre and Library”, did not participate in the discussion of or vote on this matter.

 

 

(2)        DEVELOPMENT CHARGES DECEMBER 31, 2012
RESERVE BALANCES AND ANNUAL ACTIVITY
OF THE ACCOUNTS (7.11)

            Report     Schedule A-F

 

1)         That the report titled “Development Charges December 31, 2012 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

 

 

(3)        AWARD OF TENDER 039-T-13
INTERLOCKS REPAIRS (7.12)

            Report

 

1)         That the report entitled “Award of Tender 039-T-13 Interlock Repairs” be received; and,


 

2)         That the Contract for tender 039-T-13 Interlock Repairs be awarded to the lowest priced qualified Bidder, Humberview Maintenance Group Ltd.  for a three year term with prices fixed for the Contract term in the total amount of $1,099,923 inclusive of HST, and per year as follows;

·        2013 -  $366,641.00

·        2014 -  $366,641.00

·        2015 -  $366,641.00; and,

 

3)         That the Director of Operations and Senior Manager of Purchasing be authorized to exercise the option to renew Contract 039-T-13 for an additional 1 year (2016-2017) at the 2013 itemized prices subject to Consumer Price Index-Canada (CPI) adjustment (applied once per year in the month of February based on the CPI change for the year ending December of the previous year), performance and budget approval; and,

 

4)         That the award be funded from the Operations Department Capital and Operating Budgets as identified within the Financial Considerations Section; and,

 

5)         That Staff be authorized to amend the award amounts in years 2014-2017 to reflect changes to the Capital and Operating Budget accounts as approved by Council during the annual budget process; and,

 

6)         That the Director of Operations and Senior Manager of Purchasing be authorized to reallocate funds from this blanket order within the overall Asphalt Resurfacing Program up to a maximum of 20% of the estimated blanket amount for the duration of the Contract; to a combined annual total not to exceed the annual Asphalt Resurfacing Program budget; and further,

 

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

 

CARRIED

 

 

(4)        DEVELOPMENT CHARGES UPDATE
-AREA SPECIFIC (7.11)

            Report

 

1)         That the report on the “2013 Development Charges Update – Area Specific” be received; and,

 

2)         That no further public meeting is required under Section 12 of the Development Charges Act, 1997; and,


 

3)         That it is Council’s intent to ensure that the increase in the need for services to service anticipated development will be met; and,

 

4)         That Council recognizes that there are operating costs associated with the implementation of the capital program; and,

 

5)         That Council approve the enactment of the Area Specific development charges by-laws for Area 9, 42B-6 and 42B-8 effective on June 18th, 2013; and,

 

6)         That these recommendations including the implementing by-laws be forwarded to the June 17th, 2013 Council meeting for adoption; and further,

 

7)         That staff be directed to do all things necessary to give effect to this report.

            (By-laws 2013-109 to 2013-111)

 

CARRIED

 

 

(5)        A BY-LAW TO DELEGATE AUTHORITY TO CONDUCT
CERTAIN REAL PROPERTY TRANSACTIONS (8.0)

            Report     Attachment 1     Attachment 2

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

 

1)         That the report entitled “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions” dated April 30, 2013, be received; and,

 

2)         That Section 8 of By-law 4-2000, delegating authority under the Municipal Act for certain real property transactions to the Chief Administrative Officer, be deleted in its entirety; and,

 

3)         That Council adopt a new By-law, entitled “A By-Law to Delegate Authority to Conduct Certain Real Property Transactions, attached as Attachment No. 2 to this Report, delegating authority under the Municipal Act for certain real property transactions to the Chief Administrative Officer and the Manager, Real Property or their designate; and,

 

4)         That the new By-Law to Delegate Authority to Conduct Certain Real Property Transactions, also delegate authority to execute documents required to complete real property transactions and agreements and documents relating to litigation or potential litigation to the City Solicitor, or his/her designate; and further,


 

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

            (By-laws 2013-112 and 2013-113)

 

CARRIED

 

 

(6)        CASTLEMORE AVENUE & WILLIAMSON ROAD
PROPOSED ALL WAY STOP CONTROL (5.12)

            Report     Attachment A     Attachment B

 

1)         That the report entitled “Castlemore Avenue & Williamson Road Proposed All-way Stop Control”, be received; and,

 

2)         That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of Castlemore Avenue & Williamson Road; and,

 

3)         That the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations; and,

 

4)         That the cost of materials and installation for the traffic signs and pavement markings be funded from capital project # 11305 (Traffic Operational Improvements) in the amount of $500; and,

 

5)         That York Region Police be requested to enforce the all-way stop control upon installation of these stop signs and passing of the By-law; and further,

 

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

            (By-law 2013-114)

 

CARRIED

 


 

(7)        SPEED LIMIT REVISION ON 19TH AVENUE WITHIN
THE HAMLETS OF DICKSON HILL AND ALMIRA (5.12)

            Report    Attachment A    Attachment B     Attachment C

GC Page 167

 

1)         That the report entitled “Speed Limit Revision on 19th Avenue Within the Hamlets of Dickson Hill and Almira” be received; and,

 

2)         That Schedule “C” (60 km/h) of Speed By-Law 105-71 be amended by removing 19th Avenue, being the road allowance between Lots 30 and 31, between the western limits of the Municipality (proposed 404) and York-Durham Line; and,

 

3)         That Schedule “F” (50 km/h) of Speed Limit By-law 105-71 be amended to include 19th Avenue, between Warden Avenue and Kennedy Road; and,

 

4)         That Schedule “F” (50 km/h) of Speed Limit By-law 105-71 be amended to include 19th Avenue, between Highway 48 and a point 300 east of Mill Race Court; and,

 

5)         That Schedule “C” (60 km/h) of Speed By-Law 105-71 be amended by adding 19th Avenue, between Highway 404 and Warden Avenue; and,

 

6)         That Schedule “C” (60 km/h) of Speed By-Law 105-71 be amended by adding 19th Avenue, between Kennedy Road and Highway 48; and,

 

7)         That Schedule “C” (60 km/h) of Speed By-Law 105-71 be amended by adding 19th Avenue between a point 300 meters east of Mill Race Court and York-Durham Line; and,

 

8)         That the Operations Department be directed to remove and install the appropriate regulatory signs upon approval of the attached by-law; and,

 

9)         That the cost of materials and installation for the traffic signs be funded from capital project # 11305 (Traffic Operational Improvements) in the amount of $1,000; and,

 

10)       That York Region Police be requested to enforce the revised 50 km/h speed limit upon passing of the By-law and installation of the regulatory signs; and further,

 

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

            (By-law 2013-115)

 

CARRIED

 


 

(8)        GERMAN MILLS MEADOW AND NATURAL
HABITAT STATUS UPDATE (5.7)

            Report     Revised Attachment A

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alan Ho

 

1)         That the report entitled “German Mills Meadow and Natural Habitat – Status Update” be received; and,

 

2)         That Council Endorse the Terms of Reference for the German Mills Meadow and Natural Habitat Liaison Committee – Attachment “A”; and,

 

3)         That Council appoint Councillor Valerie Burke, Councillor Howard Shore, Regional Councillor Joe Li and three (3) residents to the Liaison Committee, one representative from the Bayview Country Club Limited, and one representative from the National Spiritual Assembly of the Baha'i Community; and further,

 

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

 

CARRIED

(See following motion which was lost)

 

            Council consented to appoint Regional Councillor Joe Li to the German Mills Meadow and Natural Habitat Liaison Committee.

 

 

            Moved by Councillor Howard Shore

            Seconded by Councillor Alex Chiu

 

            That the matter titled “German Mills Meadow and Natural Habitat – Status Update” be deferred to a meeting in September 2013.

LOST

 


 

(9)        MAIN STREET UNIONVILLE
PARKING RESTRICTIONS (2.17)

            Report     Attachment A

 

1)         That the staff report entitled “Main Street Unionville Parking Restrictions” be received; and,

 

2)         That the proposed amendments to the parking restrictions on Main Street Unionville, as requested by the Unionville Business Improvement Association, be approved; and,

 

3)         That the Parking Control Department continue to enforce the new parking restrictions on Main Street Unionville, as revised in Schedule “C” of Parking By-law 2005-188; and further,

 

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

            (By-laws 2013-116)

 

CARRIED

 

 

(10)      MARKHAM FOOD CHARTER (5.7)

            Presentation     Report     Appendix A
            Appendix B     Appendix C

 

1)         That the presentation by Ms. Katie Burns, Sustainability Coordinator entitled “Markham Food Charter,” be received; and,

 

2)         That the Staff report titled “Markham Food Charter” and dated June 3, 2013 be received; and,

 

3)         That the Markham Food Charter, which aligns with the York Region Food Charter, be endorsed; and,

 

4)         That Sustainability Office staff continue to work with the York Region Food Charter Working Group to develop a food and agriculture action plan and establish a permanent governance body to oversee implementation; and,

 

5)         That the City of Markham request a seat on the permanent governance body; and,

 

6)         That Sustainability Office staff report back when the governance body is established for direction to identify the representative; and,


 

7)         That Sustainability Office Staff continue to build and leverage partnerships with other levels of government, agencies, non-governmental organizations, businesses, community groups, and residents to advance the Greenprint Community Sustainability Plan; and,

 

8)         That Sustainability Office staff report back regularly on these initiatives; and,

 

9)         That the correspondence from Janice Chu, United Way York Region; Kim Empringham, York Federation of Agriculture and Joan Stonehocker, York Region Food Network, be received; and further,

 

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

 

CARRIED

 

 

(11)      REVIEW OF FINANCIAL ASSISTANCE OPTIONS
FOR HOME DIALYSIS PATIENTS IN MARKHAM (5.7 & 7.0)

            Report

 

1)         That the report entitled, “Review of Financial Assistance Options for Home Dialysis Patients in Markham” dated May 9, 2013 be received; and,

 

2)         That a copy of this report be sent to the Ontario Minister of Health and Long Term Care; and,

 

3)         That Council, on behalf of the affected patients in Markham and York Region, request the Ministry to take into consideration in their development of their health service programs, the impacts of transferred utility costs on the patients; and further,

 

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

 

CARRIED

 


 

(12)      SOUTHEAST COMMUNITY CENTRE& LIBRARY
PROJECT – SITE PLAN APPROVAL AND TENDER (6.6 & 7.12)

            Report

 

1)         That the report entitled “Southeast Community Centre & Library Project – Site Plan Approval and Tender” be received; and,

 

2)         That Council authorizes Staff to proceed with tendering to the pre-qualified General Contractors for the construction phase of the project; and,

 

3)         That the site plan application (File Number SC 13 133615) to allow a municipal Community Centre and Library be endorsed in principle and that site plan  approval for the Southeast Community Centre and Library be delegated to the Director of Planning and Urban Design, or his designate; and,

 

4)         That Council authorize the Mayor and Clerk to execute a construction agreement(s) with Neamsby Investments Inc. in a form satisfactory to the City Solicitor and the Chief Administrative Officer for the construction of a East/West municipal road (‘E/W Municipal Road’) immediately south of the Southeast Community Centre & Library site; and,

 

5)         That Council authorize the City of Markham to upfront the design and construction costs for the E/W Municipal Road in the amount estimated at $1.5M to the satisfaction of Director of Engineering, or his designate of which approximately 55% (or $825k) will be reimbursed when the remainder of the lands are developed by Neamsby Investments Inc. per the Agreement of Purchase and Sale of the community centre lands; and,

 

6)         That the tendering process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7, item 1 (g) “where it is in the City’s best interest not to solicit a competitive bid” for Neamsby Investments Inc. to award the project to a general contractor provided it can be demonstrated to the satisfaction of the Director of Engineering that the overall cost to construct the E/W Municipal Road is competitive; and,

 

7)         That Council authorize Perkins + Will to proceed with the 14th Avenue Boulevard design in the amount of $8,000 to be funded from  the ‘South East Community Centre/Architect Consultant Services’ 2011 Capital Account #70-5350-11318-005; and,

 

8)         That Council authorize Perkins + Will to proceed with the design of the Emergency Reception Centre in the amount of $8,000 to be funded from  the ‘South East Community Centre/Architect Consultant Services’ 2011 Capital Account #70-5350-11318-005; and,


 

9)         That Staff report back with Audio Visual/Acoustic options for the interior Social Gathering space to the Southeast Council Subcommittee; and further,

 

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

 

CARRIED

 

 

 

6(B)     REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE (June 11, 2013)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 29 – Development Services Committee comprised of 12 items be received and adopted, except Item Nos. 6, 7, 11 and 12. (See following Item Nos. 6, 7, 11 and 12)

 

(1)        181-S-13 SOUTH UNIONVILLE COMMUNITY
            PARK WEST - DESIGN CONSULTANT (6.3)

            Report  Appendix A  Appendix B

 

1)         That the report entitled “South Unionville Community Park West - Design Consultant” be received; and,

 

2)         That the tendering process be waived in accordance with Purchasing By-law 2004-341, Part II, Section 7.1 (h) which states; “where it is necessary or in the best interests of the City to acquire…Professional Services from a preferred supplier or from a supplier who has a proven track record with the City in terms of pricing, quality and service.”; and,

 

3)         That the award for the South Unionville Community Park West – Design be awarded to Baker Turner Inc. to provide full service landscape architectural consulting services for the South Unionville Community Park West: design; working drawings,  tender documents; contract administration and warranty in accordance with the scope of work outlined in Attachment ‘B” to an upset limit of $100,000 inclusive of HST, capital administration fees, prime consulting fees, sub-consultant fees and a surveying/geo-technical allowance; and,

 

4)         That the award be funded from Development Charges in the amount of $90,000 (90%) and the Capital Contingency Account $10,000 (10%); and,

 

5)         That a new 2013 Urban Design capital project be established for this project; and further,


 

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

 

CARRIED

 

 

(2)        COMMERCIAL FAÇADE IMPROVEMENT AND
            SIGNAGE REPLACEMENT GRANT PROGRAMS
            FOR HERITAGE DISTRICTS 2013 (16.11)

            Report

 

1)         That the report entitled “Commercial Façade Improvement and Signage Replacement Grant Programs for Heritage Districts 2013” dated June 11, 2013 be received; and,

 

2)         That the identified applications for the Commercial Façade and Signage  Improvement Grant Programs be approved, provided that the applicants comply with the eligibility requirements of the programs; and,

 

3)         That 5 George St. receive $6,497.50 of grant assistance from the Commercial Façade Improvement Grant Program; and,

 

4)         That 40 Main St. N. receive $4,999.00 of grant assistance from the Commercial Façade Improvement Grant Program, provided that the grant request is supported by Heritage Markham; and,

 

5)         That 48 Main St. N. receive $3,248.75 of grant assistance from the Commercial Façade Improvement Grant Program; and,

 

6)         That 69 Main St. N. receive $4,999.00 of grant assistance from the Commercial Façade Improvement Grant Program, provided the applicant removes any existing illegal and inappropriate signage on the building and property; and,

 

7)         That 369 Main St. N. receive $10,000.00 of grant assistance from the Commercial Façade Improvement Grant Program, provided that a final inspection of the completed building determines that there are no significant deviations of deficiencies from the approved Site Plan and Building Permit drawings; and,

 

8)         That 19 Parkway Avenue receive $1,000.00 of grant assistance from the Commercial Signage Replacement Grant Program, provided that the grant request is supported by Heritage Markham; and,

 

9)         That the total grants of $30,744.25 be funded through the Heritage Façade Improvement/Sign Replacement Project Account 620 101 5699 13002 (which has a budget of $50,000.00) in the amount of $30,744.25; and further,


 

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

 

CARRIED

 

 

(3)        DESIGNATED HERITAGE PROPERTY
            GRANT APPLICATIONS – 2013 (16.11)

            Report

 

1)         That the staff report dated June 11, 2013 entitled “Designated Heritage Property Grant Applications -2013”, be received; and,

 

2)         That Designated Heritage Property Grants for 2013 be approved in the amounts noted for the following properties, totaling $43,708.73, provided that the applicants comply with eligibility requirements of the program;

1.         33 Joseph St. Markham Village- $5,000.00 for the restoration of the historic wooden exterior and windows;

2.         370 Main St. N. Markham Village-$2,185.49 for the production of two historically appropriate picture windows and front door;

3.         6 Water St. Markham Village-$3,391.13 for the production of a historically appropriate front porch, front window, and wooden louvred shutters;

4.         8 Water St. Markham Village-$3,391.13 for the production of a historically appropriate front porch, front window, and wooden louvred shutters;

5.         14 John St. Thornhill-$3,162.50 for repainting the exterior in documented original  colours and repairs to the stone foundation;

6.         25 John St. Thornhill-$2,471.88 for the re-use of historic brick salvaged from the east wall of the house to be used on the new addition; 

7.         118 Main St. Unionville-$5,000.00 for re-painting the house in documented original colours and the production of historically appropriate wooden storm windows, provided that satellite dishes currently mounted on the exterior are relocated to a more discreet location on the house or somewhere else on the property;

8.         116 Pavillion St. Unionville-$5,000.00 for the installation of historically appropriate wooden soffits and a historically appropriate wooden veranda ceiling;

9.         527 William Forster Road Cornell-$5,000.00 for the production of historically appropriate wooden louvred shutters, and the reconstruction of missing gable end chimneys;

10.       2665 Bur Oak Ave. Cornell- $2,106.60 for the re-conditioning of the historic wooden windows, and production of historically appropriate storm windows;


 

11.       36 Church St. Markham Village - $3,305.25 for the re-construction and repair of the existing historic front veranda;

12.       22 David Gohn Circle, Markham Heritage Estates-$2,000.00 for the painting the exterior in documented original colours;

13.       5000 Steeles Ave. E. The Ebenezer United Church-$5,000.00 for the restoration of the masonry walls and buttresses of the west side of the building; and,

 

3)         That the requested grant for $5,000.00 to construct a new steeple on the Bethesda Lutheran Church, at 20 Union St. Unionville, be denied because the proposed work does not meet the eligibility requirements of the Designated Heritage Property Grant program, because the new steeple does not restore, preserve, or replicate an original heritage feature of the building; and,

 

4)         That the grants be funded through the Designated Heritage Property Grant Project Fund, Account # 620-101-5399-13006 ($30,000.00 available for 2013); and,

 

5)         That the amount of grant assistance recommended for approval, in excess of the $30,000.00 available for 2013 Designated Heritage Property Grant program, be funded through  remaining funds from the 2013 Commercial Façade Improvement/Signage Replacement Grant program Project Fund, #620-101-5699-13002 ($ 19,255.75 remaining); and further,

 

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

 

CARRIED

 

 

(4)        RECOMMENDATION REPORT
            INFRASTRUCTURE ONTARIO
            ZONING AMENDMENT APPLICATION
            TO REMOVE LANDS AT 8416 BAYVIEW AVENUE
            FROM THE PARKWAY BELT WEST PLAN AND
            REVOKE A MINISTER’S ZONING ORDER (MZO)
            (ZA 12 122178) (10.5)

            Report

 

1)         That the report titled “RECOMMENDATION REPORT, Infrastructure Ontario, Zoning Amendment Application to remove the lands at 8416 Bayview Avenue from the Parkway Belt West Plan and Revoke a Minister’s Zoning Order (MZO), File No. ZA 12 122178,” and dated June 11, 2013 be received; and,

 

2)         That the application by Infrastructure Ontario to remove the lands at 8416 Bayview Avenue from the Parkway Belt West Plan and Revoke a Minister’s Zoning Order (MZO), be endorsed; and,


 

3)         That the Recommendation Report be forwarded to the Ministry of Municipal Affairs and Housing (MMAH); and further,

 

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

 

CARRIED

 

 

(5)        RECOMMENDATION REPORT
            ZONING AMENDMENT APPLICATION TO
            AMEND THE MINISTER’S ZONING ORDER (MZO)
            TO PERMIT A SINGLE DETACHED DWELLING AT
            4870 ELGIN MILLS ROAD EAST
            (ZA 12 130474) (10.5)

            Report

 

1)         That the report titled “RECOMMENDATION REPORT, Zoning Amendment Application to amend the Minister’s Zoning Order (MZO) to permit a single detached dwelling at 4870 Elgin Mills Road East, File No. ZA 12 130474,” and dated June 11, 2013 be received; and,

 

2)         That the application by Donny Chow to amend the  Minister’s Zoning Order (MZO) to permit a new single detached dwelling at 4870 Elgin Mills Road East, be endorsed; and,

 

3)         That the Recommendation Report be forwarded to the Ministry of Municipal Affairs and Housing (MMAH); and further,

 

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

 

CARRIED

 


 

(6)        RECOMMENDATION REPORT
            REVIEW OF PARKLAND DEDICATION BY-LAW,
            POLICIES AND PRACTICES – FINAL RECOMMENDATIONS
            PR 11 126647 (10.0)

            Report  Appendix 1  Appendix 2  Appendix 3  Appendix 4  Appendix 5

 

Moved by Councillor Howard Shore

Seconded by Deputy Mayor Jack Heath

 

PROPOSED RECOMMENDATION:

 

1)         That the correspondence from Danielle Chin of BILD dated June 10, 2013 be received; and,

 

2)         That the deputations by Nick Pileggi, Karen Rea, and Donna Bush representing the Markham Village City Ratepayers Association regarding Parkland Dedication, be received; and,

 

3)         That the Report entitled “Review of Parkland Dedication By-law, Policies and Practices – Final Recommendations – PR 11 126647”, be received; and,

 

4)         That the Presentation by The Planning Partnership entitled “Revised Graduated Approach to Parkland Dedication for Higher Density Developments” dated June 11, 2013, be received; and,

 

5)         That the Final Report from The Planning Partnership entitled `City of Markham Review of Parkland Dedication By-law, Policies and Practices, May 2013’, be received, and that it be utilized to provide guidance to Staff and Council in matters involving parkland dedication; and,

 

6)         That the proposed Official Plan policies respecting “Parkland Dedication” and “Parks and Open Space Classification”, attached as Appendix 2 to this Report, be received for inclusion in the final Official Plan; and,

 

7)         That the draft Parkland Dedication By-law attached as Appendix 3 to this Report, including the recommended parkland dedication reduction incentive for higher density development in intensification areas, be endorsed; and,

 

8)         That Staff be directed to bring a final Parkland Dedication By-law forward for Council approval; and further,

 


 

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

            (By-law 2013-117 referred)

 

AMENDMENT TO THE PROPOSED RECOMMENDATION:

 

That the proposed By-law 2013-117 be amended so that the parkland dedication standard for lands described in clause 4.1 be 1.2ha/1000 population, and that the base level of parkland required, described in clauses 4.1 (b) and (c) be valued at urban land values, in accordance with the by-law provisions.  The difference, up to the 1.2 ha/1000 population standard, will be valued at a rural land value to be determined by the Manager of Real Property.

 

REFERRED

(See following to refer the proposed recommendation and the amendment)

(See following to consider the matter)

(See following motion to amend the proposed recommendation)

(See following to bring forward the matter for consideration)

 

 

Motion to refer the proposed recommendation and the amendment:

Moved by Councillor Howard Shore

Seconded by Deputy Mayor Jack Heath

 

That the Review of Parkland Dedication proposed recommendation and by-law be referred back to Development Services Committee for a staff report on:

 

            1)         The implications of the amendment moved by Councillor Carolina Moretti and seconded by Councillor Alex Chiu at the June 17, 2013 Council meeting.

 

            2)         The alignment of the proposed parkland dedication model with Greenprint principles.

 

CARRIED

 

 

            Motion to consider the matter:

            Moved by Regional Councillor Jim Jones

            Seconded by Councillor Don Hamilton

 

            That Council consider the matter.

CARRIED

 


 

Motion to amend the proposed recommendation:

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

 

That the proposed recommendation be amended to add the following clause:

 

"That the proposed By-law 2013-117 be amended so that the parkland dedication standard for lands described in clause 4.1 be 1.2ha/1000 population, and that the base level of parkland required, described in clauses 4.1 (b) and (c) be valued at urban land values, in accordance with the by-law provisions.  The difference, up to the 1.2 ha/1000 population standard, will be valued at a rural land value to be determined by the Manager of Real Property."

REFERRED

 

 

Motion to bring the matter forward for consideration:

Moved by Councillor Carolina Moretti

Seconded by Regional Councillor Jim Jones

 

That Council consider the review of parkland dedication matter immediately following the delegations with respect thereto.

CARRIED

 

 

(7)        Update on outdoor patios
            on the public right of way
            along Main Street Markham FOLLOWING
            review by the Markham Subcommittee
(10.0)

            Memo  Subcommittee Minutes

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the memorandum dated June 11, 2013, entitled “Update on Outdoor Patios on the Public Right of Way Along Main Street Markham Following Review by the Markham Subcommittee”, be received; and,

 

2)         That Council approve the attached Table 1, which reflects the Subcommittee recommendations relating to which patio type is considered appropriate for each business that has requested a patio, subject to formal review and approval by staff in accordance with regulations contained in the future Road Occupancy By-law and accompanying design guidelines.

 

CARRIED

 


 

(8)        RECOMMENDATION REPORT
            KYLEMORE COMMUNITIES (WEST VILLAGE) LTD.
            9 AND 15 STOLLERY POND CRESCENT
            ANGUS GLEN WEST VILLAGE
            APPLICATION FOR SITE PLAN APPROVAL TO PERMIT PHASE 1
            OF A RESIDENTIAL APARTMENT CONDOMINIUM DEVELOPMENT
            (SC 12 109301) (10.6)

            Report

 

1)         That the report dated June 11, 2013, entitled “RECOMMENDATION REPORT, Kylemore Communities (West Village) Ltd.,  9 and 15 Stollery Pond Crescent,  Angus Glen West Village, Application for Site Plan Approval to permit Phase 1 of a residential apartment condominium development, File No.: SC 12 109301”, be received; and,

 

2)         That the application submitted by Kylemore Communities (West Village) Ltd. for site plan approval be endorsed in principle for Phase 1, subject to the conditions outlined in Appendix “A”; and,

 

3)         That site plan approval for Phase 1 be delegated to the Director of Planning and Urban Design or designate, to be issued following execution of a site plan agreement.  Site Plan Approval is issued only when the Director or designate  has signed the plans; and,

 

4)         That the site plan endorsement shall lapse after a period of three (3) years from the date of endorsement in the event that a site plan agreement is not executed within that period; and,

 

5)         That servicing allocation for a population of 131.66 persons (58 apartment units) be granted to Kylemore Communities for Phase 1from the City of Markham 2013 Servicing Allocation distribution in accordance with the Region of York’s “Sustainable Development Through LEED” program; and,

 

6)         That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and further,

 

7)         That the Region of York be advised of the servicing allocation for this development.

 

CARRIED

 


 

(9)        RECOMMENDATION REPORT
            1232548 ALBERTA INC.
            REVISED
ZONING AMENDMENT APPLICATION
            TO PERMIT 5 DETACHED DWELLINGS AND
            THE RELOCATION OF AN EXISTING HERITAGE DWELLING
            AT 6750 14TH AVENUE, 7784 9TH LINE AND 7790 9TH LINE
            (
ZA 11 112570) (10.5)

            Report

 

1)         That the report titled “RECOMMENDATION REPORT, 1232548 Alberta Inc., Revised Zoning Amendment Application to permit 5 detached dwellings and the relocation of an existing Heritage dwelling at 6750 14th Avenue, 7784 and 7790 9th Line, File No. ZA 11 112570,” dated June 11, 2013 be received; and,

 

2)         That the record of the Public Meeting held on October 25, 2011, regarding the Zoning Amendment Application  be received; and,

 

3)         That the revised application by 1232548 Alberta Inc., to amend Zoning By-law 194-82, as amended, be approved and the draft by-law attached as Appendix ‘B’ , be finalized and enacted without further notice; and further,

 

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

            (By-law 2013-118)

 

CARRIED

 

 

(10)      TENDER AWARD OF 081-T-13 ROAD
RECONSTRUCTION OF MAIN STREET MARKHAM
FROM HIGHWAY 7 TO BULLOCK DRIVE (7.12 & 5.10)

            Report  Attachments

 

1)         That the deputation by Diane Kobelansky of the Markham Village BIA be received; and,

 

2)         That the report entitled “Tender Award of 081-T-13 Road Reconstruction of Main Street Markham From Highway 7 To Bullock Drive” be received; and,

 

3)         That Council endorse Option 1 as the preferred option as it relates to the funding shortfall for the project: Maintain streetscaping level and obtain additional funding from sources to be determined; and


 

a.         That the contract for “Tender Award of 081-T-13 Road Reconstruction of Main Street Markham From Highway 7 To Bullock Drive” be awarded to the highest ranked / lowest priced bidder, Four Seasons Site Development in the amount of $3,104,887.38, inclusive of HST; and,

 

b.         That a contingency amount of $465,733.11 (15%), inclusive of HST, be established to cover any additional 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 following recommendations be approved:

 

a)         That Staff be authorized to award the contract for the Contract Administration and Inspection Service to Municipal Engineering Services in the amount of $176,009.18, inclusive of HST, in accordance with Part II (7)(1)(h) of the Purchasing By-law; and,

 

b)         That Staff be authorized to award the contingency in the amount of $17,600.92 (10%), inclusive of HST, to cover potential costs related to Contract Administration and Inspection Services and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

c)         That Staff be authorized to award, if necessary, a contract for the Construction Design Review Services  to Morrison Hershfield in the amount of $15,264.00, inclusive of HST, to cover Engineering and Urban Design drawing revisions required during construction; and,

 

d)         That an allowance of $96,672.00, inclusive of HST, be authorized for a PO (PD 11169) increase request from Morrison Hershfield for additional detailed design fees related to multiple streetscaping revisions, additional public meetings, etc., related to this project and that the Director of Engineering be authorized to finalize the Purchase Order increase request; and,

 

e)         That Staff be authorized to award the contract for the Pre and Post Construction Inspection Services to OZA Inspections Limited in the amount of $35,616.00, inclusive of HST, in accordance with Part II (7)(1)(h) of the Purchasing By-law; and,

 

f)          That the Engineering Department Capital Administration Fee in the amount of $175,536.00, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,


 

g)         That the project costs be funded from the following Capital Accounts:

 

i.          083-5350-11079-005 (Main Street Markham reconstruction);

ii.          083-5350-12048-005 (Main Street Markham reconstruction);

iii.         083-5350-13036-005 (Main Street Markham Streetscaping);

iv.         058-6150-12403-005 (Storm Sewer Upgrade – Main Street Markham);

v.         058-6150-12328-005 (Watermain Construction & Replacement Program); and

vi.         053-6150-12334-005 (Sanitary Sewer System Upgrade Program).

 

as outlined under the “Financial Consideration and Template” section of this report; and,

 

5)         That Staff be authorized to restrict Main Street Markham, from Highway 7 to Bullock Drive to one (1) southbound lane as required, from July 1, 2013 to November 29, 2013, or as required by the Director of Engineering, to facilitate the proposed roadway and streetscaping improvements; and,

 

6)         That Schedule ‘C’ of Parking By-Law 2005-188, permanently restricting parking, be amended by including both sides of Water Street, from Wilson Street to Robinson Street, both sides of Centre Street, between Main Street and Jerman Street, and portions of Main Street Markham, between Highway 7 and Bullock Drive starting July 1, 2013; and,

 

7)         That the existing parking in front of 85 Main Street be maintained on a trial basis, provided that the parking spaces are constructed with a rolled curb and Staff monitor the area for any safety issues (in the event of which the parking spaces will be removed); and,

 

8)         That the Parking Control Department be directed to enforce the parking prohibition upon the installation of the signs; and,

 

9)         That a 10-year moratorium be placed on any major servicing and utility installation along Main Street Markham between Highway 7 and Bullock Drive; and,

 

10)       That the Director of Engineering be authorized to finalize and implement the traffic and pedestrian  management plan in consultation with the two (2) local Ward Councillors,  the Region of York, the Operations Department, the Fire and Emergency Services Department, and the Project Liaison Committee; and,

 

11)       That a maximum allowance of $33,580.80, inclusive of HST, be authorized to implement the draft 2013 Marketing Plan subject to the conditions specified in this report; and,


 

12)       That Capital Project 13034 ($1.44 million) for Main Street Markham Storm Sewer Upgrade, from Bullock Drive to 16th Avenue and Hwy 48, Bullock to 16th Avenue portion of Capital Project 13701 ($1.491 million), be deferred pending Council prioritization of gas tax funded projects; and,

 

13)       That the Engineering Department 2013 Capital Account 13036 be increased in the amount of $525,000, inclusive of HST, and is to be funded from Life Cycle Replacement and Capital Reserve; and further,

 

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

            (By-law 2013-138)

 

CARRIED

 

 

(11)      SUNNY FOODMART – 7700 MARKHAM ROAD
            EXEMPTION UNDER THE RETAIL BUSINESS HOLIDAYS ACT (10.16)

            Correspondence

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the correspondence from Yong Li, VP Director, Sunny Foodmart requesting the City of Markham's support with respect to an application made to the Regional Municipality of York for exemption at 7700 Markham Road under the Retail Business Holidays Act, be received; and,

 

2)         That the Region of York be advised that the City of Markham supports and endorsed the request of Sunny Foodmart for exemption under the Retail Business Holidays Act for the location at 7700 Markham Road.

 

LOST BY A RECORDED VOTE (7:5)

(See following recorded vote)

 

            NAYS:             Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Councillor Colin Campbell. (7)

 

            YEAS:             Regional Councillor Joe Li, Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Alan Ho, Councillor Alex Chiu. (5)

 

            ABSENT:        Councillor Logan Kanapathi. (1)

 


 

(12)      RENAMING OF HIGHWAY 7 (10.14)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the Region of York be advised that the City of Markham recommends that the name of Highway 7 remain unchanged.

 

CARRIED BY A RECORDED VOTE (10:2)

(See following recorded vote)

 

YEAS:             Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu. (10)

 

NAYS:           Mayor Frank Scarpitti, Regional Councillor Gord Landon. (2)

 

ABSENT:       Councillor Logan Kanapathi. (1)

 

 


 

6(C)     REPORT NO. 30 - DEVELOPMENT SERVICES PUBLIC MEETING
            (June 11, 2013)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 30 – Development Services Public Meeting comprised of 1 item be received and adopted.

 

(1)        PRELIMINARY REPORT
            FRONTIER GROUP OF COMPANIES INC.
            11192 WOODBINE AVENUE
            APPLICATIONS FOR ZONING BY-LAW AMENDMENT AND
            SITE PLAN APPROVAL TO LEGALIZE THE
            EXISTING BUSINESS OFFICE USE
            (ZA 13 113119 & SC 13 113119) (10.5, 10.6)

            Report

 

1)         That the Development Services Commission report dated May 7, 2013 entitled “PRELIMINARY REPORT, Frontier Group of Companies Inc., 11192 Woodbine Avenue, Applications for Zoning By-law Amendment and Site Plan Approval to Legalize the existing Business Office use, File No. ZA 13 113119 & SC 13 113119” be received; and,

 

2)         That the record of the Public Meeting held on June 11, 2013, with respect to the proposed Zoning By-law Amendment by Frontier Group of Companies to permit an Business Office, be received; and,

 

3)         That the Zoning By-law Amendment application (ZA 13-113119) by Frontier Group of Companies Inc. to amend By-law 304-87, as amended, and By-law 177-96 as, amended be approved; and further,

 

4)         That the proposed Zoning By-law Amendment to amend By-law 304-87, as amended, and By-law 177-96, as amended be enacted without further notice.

 

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 Don Hamilton

 

That Council receive and consent to the disposition of communications in the following manner:

 

Referred to all Members of Council

48-2013           LIQUOR LICENCE APPLICATION FOR SONOYA RAMEN, 3235 HIGHWAY NO. 7 EAST, UNIT 22 (WARD 6) (3.21)

                        Info

                       

                        - Forwarding a request for the City of Markham to complete the Municipal Information Form.

                        (Exiting premises and application of a new liquor licence for indoor areas).

 

CARRIED

 

 

Received

49-2013           COMMUNICATIONS RECEIVED REGARDING THE ITEM TITLED “REVIEW OF PARKLAND DEDICATION BY-LAW, POLICIES AND PRACTICES – FINAL RECOMMENDATIONS – PR 11 126647” (10.0)

                        Communications

 

                        1.      Danielle Chin, Building Industry and Land Development Association (BILD), providing comments.

                        2.      Nick Pileggi, Malone Given Parsons Ltd., providing comments.

CARRIED

 

 

 

10.       PROCLAMATIONS

 

There were no proclamations.

 

 


 

11.       NEW/OTHER BUSINESS

 

(1)        UPDATE AND CONSOLIDATION OF ZONING BY-LAW 177-96
             – COMMENTS FROM TORONTO AND REGION
            CONSERVATION AUTHORITY (TRCA) (10.5)

            Memo

 

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Gord Landon

 

1)         That the memorandum titled “Update and Consolidation of Zoning By-Law 177-96 – Comments from Toronto and Region Conservation Authority (TRCA)”, be received, and;

 

2)         That the comments from the Toronto and Region Conservation Authority be considered during the upcoming Markham Consolidated Zoning By-law Project.

            (By-law 2013-108)

 

CARRIED

 

 

(2)        ROAD RECONSTRUCTION OF MAIN STREET
            MARKHAM FROM HIGHWAY 7 TO BULLOCK DRIVE (7.12 & 5.10)

            Presentation

 

Moved by Councillor Colin Campbell

Seconded by Councillor Carolina Moretti

 

1)         That Council approve $1.44M funding from the 2013 Gas Tax for the Main Street Markham Stormwater Upgrade Project, from Bullock Drive to 16th Avenue; and,

 

2)         That the $0.96M project shortfall for the road reconstruction of Main Street Markham from Highway 7 to Bullock Drive be funded from Main Street Markham Stormwater Upgrade Project (Project 13034); and,

 

3)         That staff be authorized to Award the contract for “Tender Award of 081-T-13 Road Reconstruction of Main Street Markham From Highway 7 To Bullock Drive” to Four Seasons Site Development in the amount of $3,104,887.38, inclusive of HST; and,

 

4)         That Staff be directed to prepare a fiscal outlook to be presented to the Budget Sub-Committee as part of the 2014 budget process in the Fall of 2013; and further,


 

5)         That any road reconstruction/streetscaping from Bullock Drive to 16th Avenue be considered as part of future budget plans.

 

CARRIED

 

 

(3)        NATIONAL BASKETBALL LEAGUE OF
            CANADA’S (NBL CANADA) 2013 DRAFT EVENT (7.6)

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Alan Ho

 

1)         That the City of Markham support the National Basketball League of Canada’s (NBL Canada) 2013 Draft Event as the Presenting Sponsor in the amount of $5,000.

 

CARRIED

(See following motion to consider the matter)

 

            Moved by Councillor Howard Shore

            Seconded by Councillor Valerie Burke

 

            That Council introduce a matter regarding the National Basketball League of Canada’s (NBL Canada) 2013 Draft Event.

CARRIED BY A 2/3 VOTE OF MEMBERS PRESENT

 

 

 

12.       BY-LAWS

 

Moved by Councillor Howard Shore

Seconded by Deputy Mayor Jack Heath

 

That By-law 2013-117 regarding Parkland Dedication be referred back to the Development Services Committee.

CARRIED

 

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That By-laws 2013-101 to 2013-116, 2013-118 and 2013-138 be given three readings and enacted.

CARRIED

 


 

Three Readings

 

BY-LAW 2013-101    ROAD DEDICATION BY-LAW

                                    - A by-law to dedicate certain lands as part of the highways of the City of Markham (Block 514, Plan 65M-3501 - Gable Avenue)

                                    By-law

CARRIED

 

 

BY-LAW 2013-102    ROAD DEDICATION BY-LAW

                                    - A by-law to dedicate certain lands as part of the highways of the City of Markham (Block 173, Plan 65M-4364 - Elphee Lane)

                                    By-law

CARRIED

 

 

BY-LAW 2013-103    ROAD DEDICATION BY-LAW

                                    - A by-law to dedicate certain lands as part of the highways of the City of Markham (Part of Lot 14, Plan 8, designated as Part 1, Pan 65R-23686 - Elgin Street)

                                    By-law

CARRIED

 

 

BY-LAW 2013-104    ROAD DEDICATION BY-LAW

                                    - A by-law to dedicate certain lands as part of the highways of the City of Markham (Part of Lot 21, Concession 3, designated as Part 2, Plan 65R-30752 - Markland Street.)

                                    By-law

CARRIED

 

 

BY-LAW 2013-105    AMBER PLAINS INVESTMENTS LIMITED, PART LOT CONTROL EXEMPTION BY-LAW

                                    - A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Lots 1 to 8, 13 to 16, 18 to 21, Lots 24 to 29 and 35 to 37, Plan 65M-4391, south of Major Mackenzie Drive East and east of Roy Rainey Avenue.

                                    By-law

 

CARRIED

 


 

BY-LAW 2013-106    RULAND PROPERTIES INC., PART LOT CONTROL EXEMPTION BY-LAW

                                    - A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Block 1, Plan 65M-4060, designated as Parts 1 to 8, Plan 65R-31413 and Blocks 4, 5, 8, 9, 15 and 18, Plan 65M-4060, east of Warden Avenue and north of Enterprise Boulevard.

                                    By-law

 

CARRIED

 

 

BY-LAW 2013-107    WISMER COMMONS DEVELOPERS GROUP, ZONING BY-LAW AMENDMENT, WEST OF ROY RAINEY AVE AND NORTH OF FRED MCLAREN BLVD., PLAN 65M-3612, BLOCK 98

                                    - A by-law to amend By-law 177-96, as amended, to allow the subject lands to be combined with the existing residential part lots to the east to create 4 single detached lots.

                                    (Item No. 2, Report No. 18 - Approved by Council on April 16, 2013)

                                    By-law

CARRIED

 

 

BY-LAW 2013-108    ALL AND VARIOUS LANDS WITHIN THE CORPORATION LIMITS OF THE CITY OF MARKHAM, THAT ARE ZONED BY BY-LAW 177-96, AS AMENDED

                                    - A by-law to amend by-law 177-96, as amended, to incorporate housekeeping amendments intended to update and clarify certain provisions and standards in the by-law.

                                    (Item No. 1, Report No. 26 – Approved by Council on May 28, 2013)

                                    By-law

CARRIED

 

 

BY-LAW 2013-109    A BY-LAW TO ESTABLISH AN AREA SPECIFIC DEVELOPMENT CHARGES BY-LAW FOR THE PD 1-7 AREA 9 DEVELOPMENT AREA OF THE CITY OF MARKHAM

                                    (Repeals By-law 2008-130)

                                    (Item No. 4, Report No. 28)

                                    By-law

CARRIED

 


 

BY-LAW 2013-110    A BY-LAW TO ESTABLISH AN AREA SPECIFIC DEVELOPMENT CHARGES BY-LAW FOR THE MARKHAM CENTRE - SOUTH HWY. 7 AREA 42B-6 DEVELOPMENT AREA OF THE CITY OF MARKHAM

                                    (Repeals By-law 2008-137)

                                    (Item No. 4, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-111    A BY-LAW TO ESTABLISH AN AREA SPECIFIC DEVELOPMENT CHARGES BY-LAW FOR THE MARKHAM CENTRE - SCIBERRAS AREA 42B-8 DEVELOPMENT AREA OF THE CITY OF MARKHAM

                                    (Repeals By-law 2008-138)

                                    (Item No. 4, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-112    A BY-LAW TO AMEND BY-LAW 4-2000, BEING A BY-LAW TO APPOINT A CHIEF ADMINISTRATIVE OFFICER

                                    (Delete Section 8 regarding the delegation of authority to the Chief Administrative Officer for certain real property transactions).

                                    (Item No. 5, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-113    A BY-LAW TO DELEGATE AUTHORITY TO CONDUCT CERTAIN REAL PROPERTY TRANSACTIONS TO THE CHIEF ADMINISTRATIVE OFFICER AND THE MANAGER OF REAL PROPERTY, OR THEIR DESIGNATES.

                                    (Item No. 5, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-114    A BY-LAW TO AMEND BY-LAW 106-71 - CASTLEMORE AVENUE & WILLIAMSON ROAD ALL WAY STOP CONTROL

                                    (Item No. 6, Report No. 28)

                                    By-law

CARRIED

 


 

BY-LAW 2013-115    A BY-LAW TO AMEND BY-LAW 105-71 - SPEED LIMIT REVISION ON 19TH AVENUE WITHIN THE HAMLETS OF DICKSON HILL AND ALMIRA

                                    (Item No. 7, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-116    A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (MAIN STREET UNIONVILLE PARKING RESTRICTIONS)

                                    (Item No. 9, Report No. 28)

                                    By-law

CARRIED

 

 

BY-LAW 2013-117    A BY-LAW TO PROVIDE FOR THE CONVEYANCE OF LAND FOR PARK OR OTHER PUBLIC RECREATIONAL PURPOSES, OR FOR THE PAYMENT OF MONEY

                                    (Repeals By-laws 195-90 and 74-94)

                                    (Item No. 6, Report No. 29)

                                   

REFERRED

 

 

BY-LAW 2013-118    1232548 ALBERTA INC., 6750 14TH AVENUE, 7784 AND 7790 9TH LINE

                                    - A by-law to amend By-law 194-82, as amended, to permit the construction of 5 detached dwellings and the relocation of an existing Heritage dwelling on the subject lands.

                                    (Item No. 9, Report No. 29)

                                    By-law

CARRIED

 

 

BY-LAW 2013-138    A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (PARKING RESTRICTION ON WATER STREET)

                                    By-law

 

CARRIED

 

 


 

13.       IN-CAMERA ITEMS

 

 

Council consented to not resolve into in-camera session and to report out the following items, as proposed, at open Council session:

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
 - MAY 28, 2013 (16.0)

            [Section 239 (2) (c)]

 

 

GENERAL COMMITTEE – June 10, 2013

 

(2)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENT)

            [Section 239 (2) (b)]

 

 

(3)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE RESIGNATION)

            [Section 239 (2) (b)]

 

 

(4)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD

            [Section 239 (2) (a)]

 

 

 

The items were reported out as follows:

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - MAY 28, 2013 (16.0)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

            1)         That the Council In-camera Minutes dated May 28, 2013 be confirmed.

 

CARRIED

 


 

(2)        BOARD/COMMITTEE APPOINTMENTS (16.24)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

1)                  That the following persons be appointed to the Heintzman House Community Centre Board:

 

Name

Term End Date

Louise MacNaughton

November 30, 2015

Kenneth Steinberg

November 30, 2015

 

CARRIED

 

 

(3)        BOARD/COMMITTEE RESIGNATION (16.24)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

1)         That the resignation of Ken Davis from the Heintzman Community Centre Board be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,

 

2)         That the resignation of Erica Tsang from the Environmental Advisory Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

 

CARRIED

 

 

(4)        MARKHAM GREEN GOLF CLUB LEASE (8.2)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

1)         That staff be authorized to release a Request for Proposals commencing April 1, 2014 to operate the Markham Green Golf Club for a term of 5 years; and,

 

2)         That staff report back on the results of the Request for Proposals, including any recommended proponent; and further,

 

3)         That staff be authorized to proceed as directed by Council on June 17, 2013.

 

CARRIED

 

 


 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Joe Li

 

That By-law 2013-119 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2013-119    A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 17, 2013.

                                    By-law

CARRIED

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That the Council Meeting be adjourned at 11:54 p.m.

 

CARRIED

 

 

 

 

 

 

_________________________________                        _______________________________

KIMBERLEY KITTERINGHAM                                     FRANK SCARPITTI

CITY CLERK                                                                   MAYOR

 

(Signed)

 

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