COUNCIL MINUTES
February
26, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 6
Alternate
formats for this document are available upon request
ROLL CALL
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell,
Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
REGRETS
Councillor
Carolina Moretti
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Martha Pettit, Acting City
Clerk
Stephen Huycke, Acting
Deputy Clerk
The regular
meeting of Council convened at 7:07 p.m. on February 26, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES
– FEBRUARY 7, 2013 AND
FEBRUARY 12 AND 13, 2013
Feb
7 Feb
12and13
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
1) That the Minutes of the
Council Meetings held on February 7, 2013, February 12 and 13, 2013, be
adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
There were no
delegations.
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 7 - DEVELOPMENT SERVICES
COMMITTEE
(February 12, 2013)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That Report
No. 7 – Development Services Committee comprised of 2 items be received and
adopted.
(1) INTENTION
TO DESIGNATE A PROPERTY
UNDER PART IV OF THE ONTARIO
HERITAGE ACT
THE JOHN KOCH HOUSE
12 HERITAGE CORNERS LANE
(16.11)
Report
1) That
the report dated February 12, 2013, entitled “Intention to Designate a Property
under Part IV of the Ontario Heritage Act, John
Koch House, 12 Heritage Corners Lane” be received; and,
2) That
as recommended by Heritage Markham, the John Koch House – 12 Heritage Corners
Lane, be approved for designation under Part IV of the Ontario
Heritage Act as a property of cultural heritage value or interest;
and,
3) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario
Heritage Act; and,
4) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be
authorized to place a designation by-law before Council for adoption; and,
5) That
if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the
proposed designation to the Ontario Conservation Review Board; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(2) TERMS
OF REFERENCE
– MAIN STREET UNIONVILLE COMMITTEE (16.24)
Report
1) That
the staff report entitled “Terms of Reference – Main Street Unionville
Committee”, dated February 12, 2013, be received; and,
2) That
the Terms of Reference for the Main Street Unionville Committee attached as
Appendix ‘A’ to this report be adopted; as amended to increase the BIA
representatives to four; and,
3) That
each of the identified community groups or organizations be invited to
participate on the Main Street Unionville Committee by appointing a
representative as per the Terms of Reference; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(B) REPORT NO. 8 - GENERAL COMMITTEE (February
25, 2013)
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Colin Campbell
That Report
No. 8 – General Committee comprised of 3 items be received and adopted.
Report Attachment
A- Presentation Attachment
B
1) That the report titled “Southeast Community
Centre and Library– Design Development and Southeast Community Centre Park
Design Consultant” be received; and,
2) That the presentation by Perkins + Will, the Prime Design
Consultant for the Southeast Community Centre and Library, highlighting the
result of the Design Development phase of the project be received; and,
3) That Council authorizes staff to proceed with the detailed
design drawings, technical specifications, and the construction contract
documents phase of Southeast Community Centre and Library project; and,
4) That staff be directed to report back in June 2013 with an
update of the Southeast Community Centre and Library cost estimate, prior to
the issuance of the construction tender; and,
5) That Council affirm Fleisher Ridout Partnership Inc. as the
preferred consultant to provide full service landscape architectural consulting
services for the Southeast Community Centre Park: 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 $218,000 inclusive of HST and capital
administration fees; and;
6) 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;
7) That a new 2013 Urban Design capital project for the award
to hire Fleisher Ridout Partnership Inc. be created to an upset limit of
$218,000 inclusive of HST and capital administration fees, to be funded from
Development Charges in the amount of $196,200 (90%) and the Capital Contingency
Account in the amount of $21,800 (10%); and further,
8) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
CARRIED
Report Appendix
1 Appendix
2 Appendix
3
1) That
the report dated February 25, 2013 entitled “2013 Water/Wastewater Rate
Increase, 2013 Waterworks Operating Budget and Feedback from Public Meeting” be
received; and,
2) That
the minutes from public meeting held on February 12, 2013 with respect to the
2013 Water/Wastewater rate increase be received (Appendix 1); and,
3) That the 2013 City of Markham’s
(“City”) Water/Wastewater rate increase be equivalent to the Region of York’s
(“Region”) monetary increase of $0.1637 per cubic metre (m3) based
on Region’s approved increase of 10%; and,
4) That in addition to the Region’s
increase, the 2013 Water/Wastewater rate increase includes a surcharge of
$0.0462/m3; and,
5) That effective April 1, 2013, the 2013
Water/Wastewater rate will be $2.8376/m3, an increase of $0.2099/m3;
and,
6) That Council approve the 2013 Waterworks budget that totals $89,789,481,
(excluding the 2012 surplus/deficit), the principle components of which are
detailed in Appendix 2; and further,
7) That Staff be authorized and directed
to do things necessary to give effect to this resolution.
(By-law 2013-24)
CARRIED
(3) UPDATE
ON SWAN LAKE WATER QUALITY (5.0)
Report Attachment
A & B
1) That the report entitled
“Update on Swan Lake Water Quality Monitoring” be received; and
2) That the Phoslock application to lower
Phosphorus levels in Swan Lake in the amount of $150,000 be funded from surplus
funds in Project #8445 ‘Pond 2D Buttonville’ and from Project #9241 ‘Storm
Water Mgmt – Pond Maintenance (ID #10 Galleria); and,
3) That the remaining budget of $15,931 in Projects #8445 and
#9241 be returned to the original funding source; and,
4) That Staff report back in summer 2014 regarding the results
of the Phoslock application and the level of reduction in Phosphorus and algae
bloom in the lake; and further,
5) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
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 Valerie Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Received
8-2013 ONTARIO
MUNICIPAL BOARD DECISION – TRIBUTE (UNIONVILLE) LIMITED, 20 FRED VARLEY DRIVE (13.13)
Letter
Summary
from the City Solicitor:
Tribute
Homes applied to permit a 113 unit, four storey apartment building with
at-grade commercial at 20 Fred Varley Drive, in close proximity to the
Unionville Heritage District, to replace an existing strip plaza with one
storey of residential above. The
applicant appealed the application to the Ontario Municipal Board after the
expiry of the Planning Act time limits.
The City initiated a process to work with a facilitator and the
community and as a result, an Alternate Development Concept was developed,
which comprised a maximum FSI of 1.14 and 67 dwelling units. Though discussions with the community and
the developer continued up to the hearing, an acceptable settlement proposal
was not agreed upon. The TRCA also
opposed the application which is within a special policy area and the floodplain.
The Board
found that the intensification (over and above the Alternate Development
Concept) is compatible with the abutting area and is an appropriate use of the
site. The Board allowed the appeal of the owners and approved their development
of 3-4 stories, 113 residential units, with ground floor commercial, at an FSI
of 1.92.
(By-law 2013-22)
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
REQUEST (3.4)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
1) That the following new request for proclamation be approved:
- Lyme Disease Awareness Month (May 2013);
and,
2) That the 2014 proclamation request for Lyme Disease
Awareness Month be forwarded to Council for review and approval.
CARRIED
11. NEW/OTHER BUSINESS
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That New/Other
Business Item Nos. 1 and 2 be received and adopted.
(1) AMBER
PLAIN INVESTMENTS LIMITED
SOUTH OF MAJOR MACKENZIE DRIVE
EAST
EAST OF ROY RAINEY AVENUE
WISMER COMMONS COMMUNITY
FILE NUMBER: ZA 12-135492
(10.5)
Memo
1) That
the memorandum from the Commissioner of Development Services titled "Amber
Plain Investments Limited, South of Major Mackenzie Drive East, east of Roy
Rainey Avenue, Wismer Commons Community, File Number: ZA 12-135492" be
received; and,
2) That
2011/2012 servicing allocation for 17.5 single detached units (64.75 population)
and 50 semi-detached units (151 population) be granted to plan of subdivision
19TM-11002 (Amber Plain Investments Limited) from the total allocation for the
Wismer Commons Secondary Plan, assigned in accordance with the June 26, 2012
Servicing Allocation Update Report.
(By-law 2013-20)
CARRIED
(2) UPPER
UNIONVILLE INC.
DRAFT APPROVED PLAN OF
SUBDIVISION 19TM-10003 (PHASE 2)
EAST OF KENNEDY ROAD, NORTH OF
16TH AVENUE
BERCZY VILLAGE COMMUNITY
FILE NUMBERS: SU 10 118874 AND ZA 12 134745 (10.5)
Memo
1) That
the memorandum dated February 21, 2013 from the Commissioner of
Development Services titled "Upper Unionville Inc. Draft approved plan of
subdivision 19TM-10003 (Phase 2), East of Kennedy Road, north of 16th
Avenue, Berczy Village Community, File Numbers: SU 10 118874 and ZA 12 134745" be received; and,
2) That 2013 servicing
allocation for 185.9 single detached units, 146 semi-detached units and 280
townhouse units be granted to draft approved plan of subdivision 19TM-10003
(Phase 2), Upper Unionville Inc. from the servicing allocation being
redistributed from high density developments to low density developments, in
accordance with the staff report on servicing allocation adopted by Council on
June 26, 2012; and further,
3) That the Holding (H)
provision, with respect to servicing allocation, in Zoning By-law 177-96, as
amended, that applies to draft approved plan of subdivision 19TM-10003 (Phase 2),
Upper Unionville Inc. be removed.
(By-law 2013-21)
CARRIED
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That By-laws
2013-19 to 2013-21 and 2013-24 be given three readings and enacted.
Three Readings
BY-LAW 2013-19 2271850 ONTARIO LTD. PART LOT CONTROL EXEMPTION BY-LAW
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Lots 30 to 46 and 49 to
51, Plan 65M-4328, west of Woodbine Avenue and north of Elgin Mills Road.
CARRIED
BY-LAW 2013-20 AMBER PLAIN INVESTMENTS LIMITED, HOLD REMOVAL BY-LAW, 5443
MAJOR MACKENZIE DRIVE EAST, WISMER COMMONS COMMUNITY
By-law
- A by-law to amend By-law 177-96, as amended, to permit residential
development.
(New/Other Business No. 1)
CARRIED
BY-LAW 2013-21 UPPER UNIONVILLE INC., HOLD REMOVAL BY-LAW, EAST OF KENNEDY
ROAD AND NORTH OF 16TH AVENUE
By-law
- A by-law to amend By-law 177-96, as amended, to permit residential
development.
(New/Other Business No. 2)
CARRIED
BY-LAW 2013-22 TRIBUTE (UNIONVILLE) LIMITED, 20 FRED VARLEY DRIVE (BY-LAW
APPROVED BY OMB)
By-law
A by-law to amend by-law 122-72, as amended,
to permit a mixed use development.
(Communication No. 8)
Note: OMB approved By-law 2013-22
(For information only to facilitate the
assignment of a by-law number)
BY-LAW 2013-24 2013 WATER/WASTEWATER RATE
By-law
- A by-law to amend
By-law No. 2002-276, being a by-law to impose fees or charges for services or
activities provided or done by the City of Markham.
(Item No. 2, Report No. 8)
CARRIED
13. IN-CAMERA ITEMS
Moved by
Regional Councillor Jack Heath
Seconded by
Councillor Alex Chiu
That the rules
of procedure be suspended to add an In-camera Item as No. 8 regarding the
following matter:
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE
MUNICIPALITY OR LOCAL BOARD
AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE
CARRIED
(2/3 Vote of Council was obtained)
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters
(7:15 p.m.):
COUNCIL
– February 26, 2013
(1) MINUTES OF IN-CAMERA COUNCIL MEETING - FEBRUARY
12 AND 13, 2013
[Section 239 (2) (b) (e)]
(2) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (8.0)
[Section 239 (2) (e)]
DEVELOPMENT
SERVICES COMMITTEE- February 12, 2013
(3) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD
[Section 239
(2) (e)]
(4) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD
[Section 239
(2) (e)]
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (e)]
GENERAL
COMMITTEE – February 25, 2013
(6) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE RESIGNATION)
[Section 239 (2) (b)]
(7) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS)
[Section 239 (2) (b)]
COUNCIL
– February 26, 2013
(8) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD [Section 239 (2) (c)]
AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE [Section 239 (2) (f)]
CARRIED
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Howard Shore
That
Council rise from the in-camera session and report. (7:46 p.m.)
CARRIED
Council
reported out the items as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- FEBRUARY 12 AND 13, 2013 (16.0)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That the Council
In-camera Minutes dated February 12 and 13, 2013 be confirmed.
CARRIED
(2) OMB APPEALS: (1) TIMES GROUP
INC. (1820266 ONTARIO INC.),
4002/4022 HIGHWAY 7 (OPA 11
129271 AND ZA 11 129271
(2) LEE DEVELOPMENTS
(UNIONVILLE DEVELOPMENT CORPORATION),
3972 HIGHWAY 7 (OPA 12 111399
AND ZA 12 111399)
(3) ALEX SHAW (2124123 ONTARIO
LIMITED), 3940 HIGHWAY 7 (OPA 07 134436,
ZA 07 134461 AND SU 07 134454) NORTH SIDE OF HIGHWAY 7 IN
THE VICINITY OF VILLAGE
PARKWAY (10.3, 10.5, 10.7)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That
the oral report of the City Solicitor be received; and,
2) That the City Solicitor be instructed to settle the Ontario
Municipal Board appeals by Times and Lee in accordance with her oral report on
maximum number of units and approval of single family dwellings at the north
end of the Times site; and,
3) That the City Solicitor and Commissioner of Development
Services be authorized to finalize settlement negotiations on any other
outstanding issues; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) MINOR VARIANCE APPEAL
104 MAIN STREET, UNIONVILLE
WINDAR MANAGEMENT LIMITED
(10.12)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That
Council supports the existing dental practice at 104 Main Street Unionville, as
it is a good transition between Highway 7 and the residential to the north, and
it will not set a precedent; and,
2) That
the correspondence from Doug Worsley and Carole Doane, area residents,
regarding the Minor Variance for 104 Main Street, Unionville, be received; and,
3) That
the report titled “Minor Variance Appeal, 104 Main Street, Unionville,
A/206/12”, dated February 12, 2013, be received; and,
4) That
staff be directed to withdraw the appeal of the Committee of Adjustment (A/
206/12) with respect to 104 Main Street Unionville, to approve a minor variance
to permit an existing dental office; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(4) MINOR VARIANCE APPEAL
245 RENFREW DRIVE
A/202/12 (10.12)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1)
That Council supports a place of worship within the existing private
school at 245 Renfrew Drive, as site specific Official Plan Amendment has
already been approved for this property to permit a private school, and this
additional use will not set a precedent; and,
2) That
the report titled “Minor Variance Appeal, 245 Renfrew Drive, A/202/12” be
received; and,
3) That
staff be directed to withdraw the appeal of the decision of the Committee of
Adjustment under file “A/202/12” with respect to 245 Renfrew Drive, to approve
a minor variance to permit a place of worship within an existing private school
whereas the by-law does not permit a place of worship; and further,
4) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
CARRIED
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (10.3, 10.5)
Moved by Councillor Valerie Burke
Seconded by Councillor Alex Chiu
1) That
the confidential report dated January 22, 2013 from the City Solicitor,
Commissioner of Development Services and Director of Planning and Urban Design
regarding a litigation and potential litigation matter be received; and,
2) That
staff be authorized to proceed as directed by Council on February 26, 2013.
CARRIED
(6) BOARD/COMMITTEE
RESIGNATION (16.24)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That the resignation of Mylene
Batista Bezerra from the Environmental Advisory Committee 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 Chris Burkholder from the Agricultural
Advisory Committee be received with regret for information purposes and
that a letter of appreciation be forwarded from Mayor Frank Scarpitti.
CARRIED
(7) BOARD/COMMITTEE
APPOINTMENTS (16.24)
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That
the following persons be appointed to the RBC Markham-Milliken Children’s
Festival Committee:
|
Term End Date
|
Vivienne Jiang
|
November 30, 2016
|
Munira Budhedo
|
November 30, 2016
|
Kimberly Cheung
|
November 30, 2015
|
Iman Cassim
|
November 30, 2016
|
Andy Leung
|
November 30, 2015
|
Susanna Lee
|
November 30, 2015
|
Ellakiya Sivapalan
|
November 30, 2015
|
Nappinder Dogra
|
November 30, 2014
|
Kethika Logan
|
November 30, 2014
|
Gowthaman Rajakumar
|
November 30, 2014
|
Vivian
Lam
|
November 30, 2016; and,
|
2) That the
following persons be appointed to the Animal Care Committee:
|
Term End Date
|
Pamela Young
|
November 30, 2016; and further,
|
3) That
the following persons be appointed to the Environmental Advisory Committee:
|
Term End Date
|
Muhammad Rashid
|
November 30, 2016
|
Alexander Karlovski
|
November 30, 2016
|
Amanda Napoli
|
November 30, 2015.
|
CARRIED
(8) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD
AND
ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE (8.0)
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Logan Kanapathi
1) That the City of
Markham be authorized to proceed as directed on this matter by Council on
February 26, 2013.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by
Valerie Burke
That By-law 2013-23
be given three readings and enacted.
Three Readings
BY-LAW 2013-23 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY
26, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by
Councillor Alex Chiu
Seconded by
Valerie Burke
That the Council Meeting be adjourned at 7:48 p.m.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)