Council
Minutes
September
23 and 24, 2014
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 18
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
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
Raj Raman, Mayor's Chief of
Staff
Kimberley
Kitteringham, City Clerk
Kitty Bavington,
Council/Committee Coordinator
Dennis Flaherty, Director of Communications &
Community Engagement
Moe
Hosseini-Ara, Director of Culture
The regular
meeting of Council convened at 7:11 PM on September 23, 2014 in the Council
Chamber. Mayor Frank Scarpitti presided.
At 11:55 PM on
September 23, 2014, Council passed a motion to waive Section 3.28 of Procedural
By-law 2001-1 allowing the meeting to continue further than 12:01 AM on
September 24, 2014. The motion moved by
Councillor Alan Ho and seconded by Councillor Carolina Moretti was carried by a
two-thirds vote of the Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. MINUTES
(1) COUNCIL MINUTES – AUGUST 25 AND SEPTEMBER
10, 2014
Aug
25 Sept
10
Moved by
Councillor Alex Chiu
Seconded by Councillor
Don Hamilton
1) That the Minutes of the
Council Meeting held on August 25 and September 10, 2014, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATION
OF JOBERT SEVILLENO
KINDRED SPIRITS ORCHESTRA
REQUEST FOR FINANCIAL
ASSISTANCE (9.0)
Jobert
Sevilleno, President and CAO of Kindred Spirits Orchestra, addressed Council
regarding their request for financial assistance, and thanked Council for their
financial support.
(See Item No. 2, Report No. 35 for Council's decision on this
matter)
(2) DELEGATIONS
- KING DAVID INC., 10340, 10350 AND 10370 WOODBINE
AVENUE
(10.3, 10.4, 10.5, 10.6, 10.7)
The following individuals addressed Council regarding the applications
by King David Inc., 10340, 10350 and 10370 Woodbine Avenue:
- Kim
Beckman, Davies Howe Partners LLP, representing King David Inc., spoke of the
deferral of the matter.
- Shant Kouyoumdjian, spoke in support
of the City attending the OMB hearing to oppose the appeals by King David Inc.
- Mayrose
Gregorios, spoke in support of the City
attending the OMB hearing to oppose the appeals by King David Inc.
- Wing Liu, spoke in support of the
City attending the OMB hearing to oppose the appeals by King David Inc.; and,
(See In-camera Item No. 5 for Council's
decision on this matter)
(3) DELEGATION
OF MARION MATTHIAS
- MAYOR’S YOUTH COUNCIL APPOINTMENTS
(16.24)
Marion
Matthias addressed Council and spoke of the youth representation for Thornhill
regarding the Mayor's Youth Council Appointments item.
(See
Item No. 5, Report No. 34 for Council's decision on this matter)
5. PETITIONS
See New/Other
Business Item No. 5.
6(a) REPORT NO. 35 - GENERAL COMMITTEE (September
15, 2014)
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Joe Li
That Report
No. 35 – General Committee comprised of 8 items be received and adopted, except
Item Nos. 2 and 7. (See following Item No. 2 and 7)
Report
1) That
the report for the cancellation, reduction or refund of taxes under sections 357 and 358 of the municipal act, 2001 be received; and,
2) That
taxes totalling approximately $78,658.57 be adjusted under section 357 (in the
amount of $19,037.64) and section 358 (in the amount of $59,620.93) of the municipal act, 2001, of which the city’s
portion is estimated to be $16,851.64; and,
4) That
the treasurer be directed to adjust the collector’s roll accordingly; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
1) That
the report entitled “Kindred Spirits Orchestra Request for Financial
Assistance” be received; and,
2) That the City of Markham support the
financial request by Kindred Spirits Orchestra Markham in the amount of $23,000
to the end of 2014; and,
3) That the City of Markham support
$15,000 quarterly to Kindred Spirits Orchestra beginning in 2015 until staff
report back; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried by recorded votes
(See following recorded votes)
(See following to consider the matter)
Council consented to delete the
words " up to...", before the
words "...$15,000..." contained in Resolution No. 3.
Recorded
vote for Resolution Nos. 1, 2 and 4 (12:0):
YEAS: Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Regional
Councillor Joe Li, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy
Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor
Alan Ho, Councillor Alex Chiu. (12)
ABSENT: Councillor
Logan Kanapathi. (1)
Recorded
vote for Resolution No. 3 (10:2):
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Joe Li, Regional Councillor Jim Jones,
Deputy Mayor Jack Heath, Councillor Colin Campbell, Councillor Alan Ho,
Councillor Alex Chiu. (10)
NAYS: Mayor
Frank Scarpitti, Regional Councillor Gord Landon. (2)
ABSENT: Councillor
Logan Kanapathi. (1)
Motion
to consider the matter:
Moved by Councillor Don Hamilton
Seconded by Councillor Carolina Moretti
That Council consider the matter entitled “Kindred Spirits Orchestra
Request for Financial Assistance” immediately following the delegation with
respect thereto.
Carried
Report Appendices
1) That the report entitled “Development Charge
Credit/Reimbursement Application – North Markham
Avenue 7 Developers Group; 1820266 Ontario Inc. and Unionville Development
Corp.” be
received; and,
2) That Council authorize Area Specific Development Charge
credits and reimbursement from Area Specific By-laws for Areas 9, 42B-6 and
42B-8 not exceeding $4,777,701, to the North Markham
Avenue 7 Developers Group for the construction of the Sheridan pond, Sheridan storm sewer, and
Highway 7 storm sewer from Village Parkway east along Highway 7 to the Sheridan
pond; and,
3) That the Mayor and Clerk be authorized
to execute a Development Charge Credit and Reimbursement Agreement, in accordance with the City’s Development
Charge Credit and Reimbursement Policy,
with the North Markham Avenue 7 Developers
Group, or their successors in title to the satisfaction of the Treasurer and
City Solicitor; and,
4) That Council authorize Area Specific Development Charge
credits and reimbursement from Area 9 not exceeding $400,250, to 1820266 Ontario Inc. and
Unionville Development Corp. for the construction of a roundabout on Village Parkway; and,
5) That Council authorize Area Specific Development Charge
credits and reimbursement from Area 9 not exceeding $44,553, to 1820266 Ontario Inc. and
Unionville Development Corp. for the construction of a dedicated left turn lane on Village Parkway at
Highway 7; and,
6) That Council authorize Area Specific Development Charge
credits and reimbursement from Area 9 not exceeding $206,409, to 1820266 Ontario Inc. and
Unionville Development Corp. for the construction of dedicated bike lanes along Village Parkway; and,
7) That the Mayor and Clerk be authorized
to execute a Development Charge Credit and Reimbursement Agreement, in accordance with the City’s
Development Charge Credit and Reimbursement Policy, with 1820266 Ontario Inc. and Unionville Development Corp., or their
successors in title, to the satisfaction of the Treasurer and City Solicitor;
and,
8) That the Development Charge credits and reimbursement be
phased as outlined in this report; and,
9) That a By-law be passed to amend the
Fee By-law 2002-276 to include a cost recovery
fee applicable to each credit and/or reimbursement request to be charged for
the Engineering, Legal and Finance Departments costs incurred relating to the
preparation and administration of a Development Charge Credit and/or
Reimbursement agreement. The fee, which is
structured in the following manner, will be payable at the execution of a
credit and/or reimbursement agreement or any other relevant agreement:
- A
minimum fee of $1,500 to review a development charge credit and/or
reimbursement request
- A
fee equivalent to 1.0% of the value of the public works, to a maximum of
$10,000
- In
instances where the City’s costs to prepare and administer a credit and/or
reimbursement agreement exceed the fee structure set out above, such fees shall
be separately quantified and invoiced to the applicant; and further,
10) That staff be directed
to do all things necessary to give effect to this report.
(By-law
2014-140)
Carried
Report Appendices
1) That the report dated September 15, 2014 entitled, “2015 Capital
Budget Pre-Approval” be received; and,
2) That Council approve the 2015 Capital Budget pre-approval which
totals $26,647,500 as outlined in Appendices 1 and 2; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report
1) That
the Report Appointment of Members to the Markham Mayor’s Youth Council for the
period of September 1, 2014 to June 30, 2015 be received; and,
2) That
the following Appointments of Members to the Markham Mayor’s Youth Council be
confirmed for the term September 1, 2014 to June 30, 2015:
Name
|
Ward in which Youth Resides
|
School that the
Youth Attends
|
Grade
|
Loreta Chan, Co-Chair
|
3
|
Markville S.S.
|
11
|
Joeffre Braga, Co-Chair
|
5
|
St. Brother Andre C.H.S.
|
12
|
Nirushi Mohan
|
7
|
Markham District H.S.
|
12
|
Tina Zhong
|
1
|
Thornhill S.S
|
12
|
Jeffrey Li
|
3
|
Markville S.S
|
12
|
Jennifer Cheng
|
7
|
Markham District H.S.
|
12
|
Michelle Lu
|
4
|
Markham District H.S.
|
12
|
Yu Xin Shi
|
8
|
Milliken Mills H.S.
|
12
|
Justin Jen
|
4
|
St. Augustine C.H.S.
|
10
|
Joyce Chan
|
5
|
Unionville H.S.
|
10
|
Scott Zhang
|
6
|
Unionville H.S.
|
11
|
Gary Li
|
4
|
Pierre Elliot Trudeau H.S.
|
12
|
Monica Xu
|
4
|
Bayview S.S.
|
11
|
Nikolai Peram
|
2
|
Pierre Elliot Trudeau H.S.
|
9
|
Januut Nadeem
|
6
|
Pierre Elliot Trudeau H.S.
|
10
|
Ethan Wong
|
7
|
St. Brother Andre C.H.S.
|
11
|
June Xu
|
2
|
St. Roberts C.H.S.
|
11
|
Nicholas Vadivelu
|
8
|
Marc Garneau C.I.
|
10
|
Jessica Duncan
|
5
|
Markham District H.S.
|
10
|
Eason Gao
|
6
|
Unionville H.S.
|
11
|
Jasmyne Eastmond
|
4
|
Markham District H.S.
|
11
|
Megan Niu
|
4
|
Marc Garneau C.I.
|
9
|
Vruksha Vakeeswaran
|
4
|
Markville S.S.
|
11
|
Marie Song
|
2
|
Bayview S.S.
|
11
|
Aman Mathur
|
7
|
Markville S.S.
|
10
|
; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Report Presentation Extract
1) That the report
entitled “Public Art Update/Pan Am Public Art” be received; and,
2) That the presentation
entitled “Public Art Update” be received; and,
3) That a new Culture
Department 2014 capital project be created for ‘Pan Am Public Art’; and,
4) That the remaining
funds from the International Indian Film Academy (IIFA) Buzz Events’ in the
amount of $15,717.35 in account 031-222-0074 be transferred to the new ‘Pan Am
Public Art’ account; and,
5) That the Public Art
Advisory Committee extract dated September 10, 2014 be received; and,
6) That Council approves the
recommendation of the Public Art Committee that approved the artwork proposal
for TACC Development’s Upper Unionville Development submitted by Marlene Hilton
Moore; and further,
7) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
Report Appendices
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
1) That
the report dated September 5, 2014 entitled “Markham Arts Council (MAC) Request
for Financial Assistance” be received; and,
2) That
MAC be requested to complete a strategic plan outlining clear strategic
imperatives and outcomes for the next 3-5 years and report back the results to
Council in Q1 2015; and,
3) That
Council defer the 2014 loan repayment in the amount of $6,600 to November 2015
with the remainder to be repaid in equal installments of $6,600 annually until
paid in full; and,
4) That
the City of Markham support the financial request by MAC in the amount of
$23,000 for 2014, which is in addition to the $43,000 already received by MAC
from the City for 2014; and,
5) That
the City of Markham support $15,000 per quarter to MAC beginning in 2015 until
staff report back; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried by recorded votes
(See following recorded votes)
Council
consented to the following amendments to the proposed recommendation:
- Delete
the following proposed Resolution No. 2 in its entirety and the remaining
proposed resolutions be renumbered:
"2) That staff do not recommend approval of
the requested $150,000 per year grant for the years 2015-2018; and,"
- Delete the following proposed
Resolution No. 4:
"4) That the City of Markham support the
financial request by MAC in the amount of $23,000 for 2014; and,"
and replace with the following revised Resolution No. 4:
"4) That
the City of Markham support the financial request by MAC in the amount of
$23,000 for 2014, which is in addition to the $43,000 already received by MAC
from the City for 2014; and,"
- Delete the words "...up to ..." before the word
"...$15,000..." contained in the proposed Resolution No. 5.
Recorded
vote for Resolution Nos. 1, 2, 3, 4 and 6 (12:0):
YEAS: Councillor Valerie Burke,
Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti,
Regional Councillor Joe Li, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor
Colin Campbell, Councillor Alan Ho, Councillor Alex Chiu. (12)
ABSENT: Councillor
Logan Kanapathi. (1)
Recorded
vote for Resolution No. 5 (10:2):
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Regional Councillor Joe Li, Regional Councillor Jim Jones, Deputy
Mayor Jack Heath, Councillor Colin Campbell, Councillor Alan Ho, Councillor
Alex Chiu. (10)
NAYS: Mayor
Frank Scarpitti, Regional Councillor Gord Landon. (2)
ABSENT: Councillor
Logan Kanapathi. (1)
Report Attachments
1) That the report entitled “City-wide
Stream Erosion Master Study Update, Class Environmental Assessment,” dated
September 8, 2014 be received; and
2) That the recommendation to complete
erosion restoration at priority erosion sites along Markham’s water courses as
detailed in the Environmental Study Report (ESR) be endorsed; and,
3) That staff be authorized to file the
ESR for the mandatory 30 day public review; and,
4) That staff report back in 2015
with a 5-year implementation plan for
restoration of priority sites including funding, easement, inspection and
maintenance requirements for private property erosion restoration sites; 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. 36 - DEVELOPMENT SERVICES
COMMITTEE
(September 16, 2014)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That Report
No. 36 – Development Services Committee comprised of 10 items be received and adopted,
except Item No. 4. (See following Item No. 4)
(1) ACCEPTANCE
FOR MAINTENANCE
OF PLANS OF SUBDIVISION
REGISTERED PLAN NUMBERS
65M-4031,
65M-4197, 65M-4225, 65M-4226,
65M-4229,
65M-4232, 65M-4233, 65M-4235,
65M-4245, 65R-32883,
65M-4262, 65M-4289 AND
65M-4302 (10.7)
Report
1) That
the report entitled “Acceptance for Maintenance of Plans of Subdivision”
Registered Plan Numbers 65M-4031, 65M-4197, 65M-4225, 65M-4226, 65M-4229,
65M-4232, 65M-4233, 65M-4235, 65M-4245, 65R-32883, 65M-4262, 65M-4289 and
65M-4302 be received; and,
2) That
the municipal services in Subdivision Registered Plan numbers 65M-4031,
65M-4197, 65M-4225, 65M-4226, 65M-4229, 65M-4232, 65M-4233, 65M-4235, 65M-4245,
65R-32883, 65M-4262, 65M-4289 and 65M-4302 be Accepted for Maintenance; and,
3) That
by-laws be enacted by Council to accept these subdivisions and to establish
each of the roads within the residential subdivisions as a public highway of
the City of Markham; and,
4) That
the Community Services Commission accepts the responsibility for operating and
maintaining the infrastructure within the subdivisions as part of the City’s
system; and,
5) That
the Acceptance for Maintenance Period commence July 1, 2014; and,
6) That
acceptance of the subdivisions to be taken into consideration in future
operation budgets; and,
7) That
the by-law to amend schedule ‘12’ of Traffic By-law #106-71, by including
compulsory stops to the indicated streets, be approved; and,
8) That
the by-law to amend Schedule ‘A’ of the Speed By-law #105-71, by including a
maximum speed of 40 kilometers per hour for the streets indicated, be approved;
and,
9) That
the by-law to amend schedule ‘F’ of the speed by-law #105-71, by including a
maximum speed of 50 kilometers per hour for the streets indicated, be approved;
and,
10) That
the by-law to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188,
by including prohibited parking on the streets indicated, be approved; and,
11) That
the Mayor and Clerk be authorized to execute the necessary releases from the
terms of the Subdivision Agreements, subject to confirmation from the Director
of Engineering that the final two year guarantee periods have been completed;
and further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2014-141 to 2014-156)
Carried
(2) REQUEST
FOR DEMOLITION
36 GEORGE ST. MARKHAM VILLAGE
(16.11 & 10.13)
Report
1) That
Council endorse the demolition of the single detached dwelling at 36 George St.
located within the Markham Village Heritage Conservation District; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) HERITAGE
EASEMENT AGREEMENTS
ABRAHAM REESOR HOUSE, 7265
HIGHWAY 7
FRANK ALBERT REESOR HOUSE,
7323 HIGHWAY 7
LINDVEST PROPERTIES (CORNELL)
LIMITED (16.11.3)
Report
1) That
the report titled “Heritage Easement Agreements, Abraham Reesor House, 7265
Highway 7, Frank Albert Reesor House, 7323 Highway 7, Lindvest Properties
(Cornell) Limited”, be received; and,
2) That
the Mayor and Clerk be authorized to enter into Heritage Easement Agreements between
the City of Markham and the property owner, Lindvest Properties (Cornell)
Limited; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) RECOMMENDATION
REPORT
ARBOR MEMORIAL INC.
(FORMERLY MEMORIAL GARDENS
CANADA LIMITED)
REZONING APPLICATION TO PERMIT
A FUNERAL HOME
AND CEMETERY AT 6278 19TH
AVENUE
(FILE NOS: ZA 13 113055)
(10.5)
Report
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1)
That the
correspondence from W. Thomas Barlow of Fasken Martineau DuMoulin, LLP,
representing the applicant, regarding Arbor Memorial Inc., be received; and,
2)
That the
deputation by Dave McKennitt, representing the Dickson Hill Hamlet and
Neighbourhood Community Association, regarding Arbor Memorial Inc., be
received; and,
3) That
the report dated September 16, 2014 titled “RECOMMENDATION REPORT, Arbor
Memorial Inc. (formerly Memorial Gardens Canada Limited), Rezoning application
to permit a funeral home and cemetery at 6278 19th Avenue (File No.
ZA 13 113055)”, be received; and,
4) That
the application (ZA 13 113055) submitted by Arbor Memorial Inc. to amend the
City’s Zoning By-law to permit a funeral home and cemetery not be supported;
and,
5) That
the City Solicitor and Staff be authorized to attend at the Ontario Municipal
Board hearing to defend Council’s position in opposition to the appeal of the
Zoning By-law application (ZA 13 113055) filed by Arbor Memorial Inc.; and
further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Council consented
to delete the following words from the end of Resolution No. 5:
"...should
the application to amend the City’s Zoning By-law to permit a funeral home and
cemetery be refused."
(5) SERVICING
AGREEMENT FOR LEITCHCROFT
SANITARY SEWER UPGRADE (5.5)
Report
1) That
the report entitled “Servicing Agreement for Leitchcroft Sanitary Sewer Upgrade”,
be received; and,
2) That
Council authorize the Mayor and Clerk to execute a servicing agreement with the
Times Group in a form satisfactory to the City Solicitor and the Commissioner
of Development Services for the construction of a sanitary sewer from South
Park Road to an existing sewer crossing at the Highway 407 ETR; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) CHURCH
STREET IMPROVEMENTS
(NINTH LINE TO BUR OAK AVENUE)
ENVIRONMENTAL ASSESSMENT STUDY
(5.7)
Report
1) That the staff report
entitled “Church Street Improvements (Ninth Line to Bur Oak Avenue),
Environmental Assessment Study”, dated September 16, 2014 be received; and,
2) That the preferred cross
section for Church Street Improvements as set out in the Environmental
Assessment Study be endorsed; and,
3) That staff be authorized to
issue a Notice of Study Completion for the project which will make the
Environmental Assessment Study available for public review for a period of 30
days commencing September 22, 2014; and,
4) That staff report back as to
level of service, operating cost and budget requirements for bike paths and
multi-use pathways in Markham; and,
5) That the configuration of the
boulevard be finalized at the design stage; and further,
6) That staff be authorized and
directed to do all things necessary to give effect to this resolution.
Carried
(7) HIGHWAY
7 STREETSCAPE IMPROVEMENTS
FROM TOWN CENTRE BLVD. TO
SCIBERRAS ROAD (5.10)
Report
1) That
the staff report entitled, Highway 7 Streetscape Improvements from Town Centre
Blvd. to Sciberras Road be received; and,
2) That
the streetscape design concept for the Highway 7 right-of-way from Town Centre
Blvd. to Sciberras Road as outlined in this report be endorsed; and,
3) That
the Director of Engineering and Director of Planning and Urban Design be
authorized to finalize any future revisions to the streetscape plans; and,
4) That
staff report back to Council with the operations and maintenance costs
associated with the enhanced streetscaping for Council consideration; and
further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(8) MARKHAM ROAD SANITARY SEWER
AND FAIRTREE SEWAGE PUMPING
STATION IMPROVEMENTS (5.5)
Report
1)
That the report
titled “Markham Road Sanitary Sewer and Fairtree Sewage Pumping Station Improvements”
be received; and,
2)
That a new Engineering
Department’s 2014 capital project be created in the amount of $496,000 for a
Markham Road Sanitary Sewer and Fairtree Sewage Pumping Station Class
Environmental Assessment Study; and,
3)
That the Class
Environmental Assessment Study be 100% funded by the benefiting developers;
and,
4)
That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(9) UTILITY
RELOCATION FOR HWY 404
MIDBLOCK CROSSING NORTH OF HWY
7 (5.10)
Report
1) That
the report entitled “Utility Relocation for Hwy 404 Midblock Crossing North of
Hwy 7” be received; and,
2) That
the tendering process for the relocation of existing utilities for Hwy 404
Midblock Crossing North of Hwy 7, be waived in accordance with Purchasing
By-Law 2004-341 Part II, Section 7 Non-Competitive Procurement item 2 (e) which
states “Tenders, Requests for Proposal and Requests for Quotation may not be
required for goods and services to be provided by Utilities”; and,
3) That
Staff be authorized to issue Purchase Orders to the various utility companies
(Rogers Cable Communications Inc., PowerStream Inc., Enbridge Gas Distribution
Inc. and Bell Canada) for the relocation of their facilities in the amount of
$895,884.88 (inclusive of HST), and be funded from the Hwy 404 Mid-Block
Crossing, North of Hwy 7 account # 083-5350-12046-005; and,
4) That
a contingency in the amount of $89,588.49 inclusive of HST, be established to
cover any additional construction costs and that the Director of Engineering be
authorized to approve expenditures of this contingency up to the specified
limit in accordance with the Expenditure Control Policy; and,
5) That
the Engineering Department Capital Administration Fee in the amount of
$88,692.60 inclusive of HST, be transferred to revenue account 640-998-8871
(Capital Admin Fees); and,
6) That
the City of Markham upfront the total cost for the relocation of facilities in
the total amount of $1,074,165.98 (inclusive of HST), and recover 67% of the
cost from the Region of York and Town of Richmond Hill as their share of the costs
following the execution of the Cost Sharing Agreement between the Region of
York, City of Markham and Town of Richmond Hill; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(10) PUBLIC
ART UPDATE
(MARKHAM MUSEUM SCULPTURE BY
KIPJONES (6.0)
Extract Presentation
1) That Markham Council
accept the artwork proposed for the Markham Museum site submitted by Kipjones.
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:
Referred to
all Members of Council
48-2014 ROAD
CLOSURE REQUEST – ANGUS GLEN HALF MARATHON (3.5)
Info
The following roads will be closed on November 2, 2014 from 8:00 AM to
1:00 PM to facilitate the event:
-
Kennedy Rd from Bur Oak to Elgin
Mills Rd
- Major MacKenzie Dr from Kennedy Rd to
Ridgecrest Dr
- Schoolhouse Rd from Kennedy Rd to
Prospectors Dr
- Prospectors Dr from Schoolhouse Rd to
Angus Glen Blvd
- The Fairways from Prospectors Dr to
Angus Glen Blvd
- Royal Troon Cres – all
- Angus Glen Blvd from The Fairways to
Kennedy Rd
- Elgin Mills Rd from Kennedy Rd to
McCowan Rd
- McCowan Rd from Elgin Mills Rd to 19th
Ave
Carried
10. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alan Ho
Seconded by
Councillor Alex Chiu
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Waste Reduction Week
(October 20 to 26, 2014).
- Lung Month (November
2014); and,
2) That the following new request for proclamation, issued by
the City Clerk in accordance with the City of Markham Proclamation Policy, be
received and added to the Five-Year Proclamations List approved by Council:
- World Polio Day (October 24, 2014);
and further,
3) That the following new requests 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 and added to the Five-Year List of Request to Raise Flag approved by Council:
- Syringomyelia and
Chiari Malformation Flag (September 22, 2014)
- "End Polio Now" Flag
(October 24, 2014).
Carried
11. NEW/OTHER BUSINESS
(1) NOTICE
OF PROPOSED SALE
LOT 3, PLAN 65M-2761
(6 HERITAGE CORNERS LANE,
MARKHAM HERITAGE ESTATES) (7.0
& 16.11)
Notice of Proposed Sale
City of Markham
Proposed Sale of Surplus
Real Property
(Pursuant to By-law
178-96)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That the notice of
proposed sale for the City of Markham owned lands, legally described as Lot 3, Plan 65M-2761, City of
Markham, Regional Municipality of York (6 Heritage Corners Lane, Markham
Heritage Estates), be confirmed.
(In-Camera Item No. 2 – September 23, 2014 Council)
Carried
(2) CENTRAL
PICKERING DEVELOPMENT PLAN
CLASS ENVIRONMENTAL ASSESSMENT
FOR REGIONAL SERVICES (5.7)
Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
1) That
the staff report entitled “Central Pickering Development Plan – Class
Environmental Assessment for Regional Services” be received; and,
2) That
Durham Region be advised of the City of Markham’s concerns re transportation
issues in the East end of Markham and the impact of the Central Pickering Plan
on Box Grove residents; and,
3) That
Durham Region be requested to review
with Markham and Region of York the transportation staging and implementation
plan for phases subsequent to Phase 1 of the Central Pickering Development Plan
and solutions to mitigate impact to Box Grove; and,
4) That
Durham Region be requested to work with the MTO, City of Toronto, Regional
Municipality of York and City of Markham to develop a comprehensive plan for
transportation issues in this area including widening of Steeles Avenue from Markham Road to York-Durham Line, impact
on Box Grove, Locust Hill and Green River, impact on Rouge National Urban Park,
transit requirements and implementation plan and protection of wildlife
crossings; and,
5) That
Metrolinx be requested to provide transit services to the Seaton Community and
East Markham, including commuter rail service on the CP Havelock Subdivision,
CP Belleville Subdivision, Highway 7 transit, and Highway 407 transit; and,
6) That
this report and recommendations be forwarded to Durham Region, Regional
Municipality of York, City of Pickering, Metrolinx, Ministry of Transportation
and the Ministry of the Environment for their necessary action; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Council consented to add the words
"National Urban", before the words "...impact on Rouge..."
contained in Resolution No. 4.
(3) RECOMMENDATION
FROM THE
SEPTEMBER 17, 2014 LICENSING
COMMITTEE HEARING
(39 MCKAY CRESCENT) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That the following
recommendation of the Licensing Committee from the Hearing held on September
17, 2014 be approved and adopted:
"1. That the application
to remove a Norway Maple tree at 39 McKay Crescent, Markham, be approved, with
the following condition:
a) That the
applicants provide for two replacement trees to a Markham park or natural area
project, in a size and native species deemed appropriate by staff, by 2015, or
provide a cash-in-lieu payment of $600.00 per tree; and,
2. That the
recommendations are based on the unique characteristics of this case only and
are neither intended to be precedent setting nor to be used as a basis for
future cases."
(4) RECOMMENDATION
FROM THE
SEPTEMBER 17, 2014 LICENSING
COMMITTEE HEARING
(7 VICTORIA AVENUE) (2.0)
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Joe Li
1) That
the following recommendation of the Licensing Committee from the Hearing held
on September 17, 2014 be approved and adopted:
"1. That
the application
to remove a Sugar Maple tree at 7 Victoria Avenue, Markham be denied; and,
2. That
the application
to remove a Golden Weeping Willow tree at 7 Victoria Avenue, Markham be denied."
(5) CROSSING
GUARD AT THE CORNER OF
SHADY OAKS AND JOHN ALLAN
CAMERON STREET (3.16)
Petition
Moved by Councillor
Colin Campbell
Seconded by Councillor
Don Hamilton
1) That
the petition submitted by the Black Walnut Public School Parent Council requesting
a Crossing Guard at the corner of Shady Oaks and John Allan Cameron Street be
received; and,
2) That
a Crossing Guard be implemented for the corner of Shady Oaks and John Allan
Cameron Street on a temporary basis; and further,
3) That
staff report back on permanent solutions for traffic flows and parking
restrictions in this area, with the anticipation of the opening of St. Joseph
Catholic Elementary School.
Carried by a 2/3 vote of Council Members
present
(6) WASHROOMS
IN MAIN STREET UNIONVILLE
AND MAINTENANCE OF LANEWAY
BETWEEN MAIN STREET UNIONVILLE
AND CARLTON ROAD (5.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Alan Ho
1) That staff be directed to report on the
evaluation of washrooms for Main Street Unionville and maintenance for the
laneway east of Main Street Unionville between Main Street Unionville and
Carlton Road during the 2015 Budget Process.
Carried by a 2/3 vote of Council Members
present
12. BY-LAWS
Moved by
Councillor Colin Campbell
Seconded by Councillor
Don Hamilton
That By-laws 2014-139
to 2014-158, By-law 2014-161 and 2014-162 be given three readings and enacted.
Carried
Moved by
Councillor Colin Campbell
Seconded by
Councillor Carolina Moretti
That By-law
2014-160 be given three readings and enacted.
Carried
(See following to consider the by-law)
Moved by
Councillor Colin Campbell
Seconded by
Councillor Carolina Moretti
That Council
consider By-law 2014-160 immediately following the consideration of the item
titled “Markham Arts Council (MAC) Request for Financial Assistance”.
Carried
Three Readings
BY-LAW 2014-139 UPPER UNIONVILLE INC., 19TM-12012, HOLD REMOVAL BY-LAW
A by-law to amend By-law 177-96, as amended, to remove the Holding
Provision to permit residential development, north of 16th Avenue
and east of Kennedy Road.
By-law
Carried
BY-LAW 2014-140 A BY-LAW TO AMEND FEE BY-LAW 2002-276 (ADMINISTRATIVE FEE FOR
DEVELOPMENT CHARGE CREDIT AND/OR REIMBURSEMENT)
(Item No. 3, Report No. 35
By-law
Carried
BY-LAW 2014-141 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (TO INCLUDE COMPULSORY
STOPS FOR THE STREETS AS INDICATED IN THE BY-LAW)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-142 A BY-LAW TO AMEND SPEED BY-LAW 105-71 (TO INCLUDE A MAXIMUM SPEED
OF 40 KILOMETERS PER HOUR FOR THE STREETS AS INDICATED IN THE BY-LAW)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-143 A BY-LAW TO AMEND SPEED BY-LAW 105-71 (TO INCLUDE A MAXIMUM SPEED
OF 50 KILOMETERS PER HOUR FOR THE STREETS AS INDICATED IN THE BY-LAW)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-144 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (TO PROHIBIT PARKING ON
THE STREETS AS INDICATED IN THE BY-LAW)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-145 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4031 AS PUBLIC HIGHWAY PART OF LOT 21, CONCESSION 3 (MAJORWOOD
DEVELOPMENTS INC.)
(Markland Street; Russell Dawson Road;
Silverado Hills Drive; Ivory Silk Drive; Princess Diana Drive)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-146 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4197 AS PUBLIC HIGHWAY PART OF LOT 21, CONCESSION 3 (MAJORWOOD
DEVELOPMENTS INC.)
(Robert Osprey Drive; Staglin Court; Lane)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-147 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4225 AS PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 7 (WISMER
MARKHAM DEVELOPMENTS INC.)
(Wozniak Crescent; Hammersly Boulevard; Evershot Crescent)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-148 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4226 AS PUBLIC HIGHWAY PART OF LOTS 18 AND 19, CONCESSION 7
(WISMER MARKHAM DEVELOPMENTS INC.)
(Fred McLaren Boulevard; Everett Street;
Kentland Street; Hammersly Boulevard; Lanes)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-149 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4229 AS PUBLIC HIGHWAY PART OF LOT 17, CONCESSION 7 (WYNBERRY
DEVELOPMENTS INC.)
(Fred McLaren Boulevard; Prebble Drive;
Stoots Street)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-150 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4232 AS PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 7 (DANVEST
WISMER INVESTMENTS LIMITED)
(Eakin Mill Road; Landsdown Crescent;
Pineforest Place)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-151 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4233 AS PUBLIC HIGHWAY PART OF LOT 19, CONCESSION 7 (DOVCOM
REALTY INC.)
(Silkgrove Terrace; Locust Terrace; Furrow
Street; Begonia Street; Lane A; Lanes)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-152 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4235 AS PUBLIC HIGHWAY PART OF LOTS 26 AND 27, CONCESSION 3
(MONARCH CORPORATION)
(Gillings Street; Helford Street; Duke of
Cornwall Drive; Colonel George McLaren Drive; Bruce Thomson Drive; Laneway 1)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-153 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION
65M-4245 AS PUBLIC HIGHWAY PART OF W ½ OF LOT 24, CONCESSION 4 (MONARCH WALMARK
DEVELOPMENT LIMITED)
(Campus Close; Cecil Nichols Avenue; Hazelton
Avenue; Church View Avenue; Freesia Road; James Joyce Drive)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-154 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4262 AS PUBLIC HIGHWAY PART OF LOT 8, PLAN 2196 (FLATO MEADOWS
INC.)
(Peshawar Avenue; Caboto Trail; Glenbar
Gardens)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-155 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4289 AS PUBLIC HIGHWAY PART OF EAST ½ OF LOT 2, CONCESSION 5
(COTTONLANE ESTATES INC.)
(Aldergrove Drive)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-156 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4302 AS PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 6 (LASSETER
DEVELOPMENT INC.)
(Lane; Truchard Avenue; Nimes Avenue; Sibbald
Avenue; Percy Reesor Street; Valliere Drive)
(Item No. 1, Report No. 36)
By-law
Carried
BY-LAW 2014-157 2271850 ONTARIO 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, south of Woodbine By-pass and
north of Elgin Mills Road, Block 93, Plan 65M-4328.
By-law
Carried
BY-LAW 2014-158 CWH MARKHAM DEVELOPMENTS 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, east of Mingay Avenue and south
of Bur Oak Avenue, Lots 5 and 6 and Blocks 7 to 15, Plan 65M-4415.
By-law
Carried
BY-LAW 2014-160 LINDVEST PROPERTIES (CORNELL) LIMITED, SOUTH OF HIGHWAY 7 AND WEST OF
DONALD COUSENS PARKWAY, AMENDMENT TO THE IN FORCE OFFICIAL PLAN (REVISED 1987),
AS AMENDED
A by-law to adopt Official Plan Amendment No.
224 to the in force Official Plan (Revised 1987), as amended, to re-designate
the subject lands to Residential, and to adjust Open Space, Environmental
Protection Area and Residential Designations.
(Item No. 4, Report No. 34 – September 10,
2014 Council Meeting)
OPA
Carried
BY-LAW 2014-161 BELFIELD INVESTMENTS INC., 8050 WOODBINE AVENUE, AMENDMENT TO THE IN FORCE
OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt Official Plan Amendment No.
225 to the in force Official Plan (Revised 1987), as amended, to expand the
range of permitted uses for the subject lands.
(Item No. 1, Report No. 29 – June 24, 2014
Council Meeting)
OPA
Carried
BY-LAW 2014-162 BELFIELD INVESTMENTS INC., 8050 WOODBINE AVENUE, ZONING BY-LAW
AMENDMENT
A by-law to amend By-law 2284-68, as amended,
and By-law 177-96, as amended, to expand the range of permitted uses for the
subject lands.
(Item No. 1, Report No. 29 – June 24, 2014
Council Meeting)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Howard Shore
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following Item No. 5
(9:15 PM on September 23, 2014):
LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE
ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (KING DAVID
INC., 10340, 10350 AND 10370 WOODBINE AVENUE)
(10.3, 10.4, 10.5, 10.6, 10.7)
[Section 239 (2) (e)]
Carried
Moved by
Regional Councillor Gord Landon
Seconded by
Regional Councillor Joe Li
That Council
rise from the in-camera session to reconvene the regular session. (11:52 PM on
September 23, 2014)
Carried
Moved by
Councillor Carolina Moretti
Seconded by
Councillor Valerie Burke
That, in
accordance with Section 239 (2) of the Municipal Act,
Council reconvene the in-camera session to discuss the following items (12:31 AM
on September 24, 2014):
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- AUGUST 25 AND SEPTEMBER 10, 2014 (16.0)
[Section 239 (2) (b) (c) (e)]
General
Committee – September 15, 2014
(2) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (7.0 &
16.11)
[Section 239 (2) (c)]
Council directed that the Ward Number for In-camera Item No. 2 be corrected
to read "Ward 4", instead of Ward 5.
(3) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 7) (8.6)
[Section 239 (2) (c)]
(4) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 2) (8.6)
[Section 239 (2) (c)]
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (KING DAVID INC., 10340, 10350 AND
10370 WOODBINE AVENUE)
(10.3, 10.4, 10.5, 10.6, 10.7)
[Section 239 (2) (e)]
(6) ADVICE
THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE (WARD 2) (8.0)
[Section
239 (2) (f)]
Council consented to add In-Camera
Item No. 6.
Carried
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
That Council
rise from the in-camera session and reconvene the regular session. (12:51 AM on
September 24, 2014)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- AUGUST 25 AND SEPTEMBER 10, 2014 (16.0)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Colin Campbell
1) That the Council
In-camera Minutes dated August 25 and September 10, 2014 be confirmed.
Carried
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Colin Campbell
1) That the confidential report on financial capability and lot
selection for the applicant, Basil Galatianos, to purchase a lot and relocate
and restore the Elias Hamilton House at Markham Heritage Estates be received;
and,
2) That Lot 3, Plan 65M-2761, City of Markham, Regional
Municipality of York (6 Heritage Corners Lane, Markham Heritage Estates) be
declared surplus to the City’s needs; and
3) That notice of the proposed sale of the above lands be
placed on the next Council agenda, or subsequent date; and,
4) That the Mayor and Clerk be authorized to execute an Agreement
of Purchase and Sale between Basil Galatianos and the City of Markham including
any other documentation required to give effect to these recommendations in a
form satisfactory to the City Solicitor; and further,
5) That
staff be authorized and directed to take the actions
set out in this report.
Carried
(3) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 7)
(8.6)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Colin Campbell
1) That
the confidential report dated September 8, 2014 from the Chief Administrative
Officer and City Solicitor regarding a proposed or pending acquisition or
disposition of land by the municipality or local board matter in Ward 7 be
received; and,
2) That
staff be authorized to proceed as directed by Council on September 23, 2014.
Carried
(4) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 2)
(8.6)
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Colin Campbell
1) That
the confidential report dated September 5, 2014 from the Chief Administrative
Officer and City Solicitor regarding a proposed or pending acquisition or
disposition of land by the municipality or local board matter in Ward 2 be
received; and,
2) That
staff be authorized to proceed as directed by Council on September 23, 2014.
Carried
(5) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD (KING DAVID INC., 10340, 10350 AND 10370 WOODBINE
AVENUE) FILE NO.: OP/ZA/SU 13 109102 AND SC 13 138564 /13 138565
(10.3, 10.4, 10.5, 10.6, 10.7)
Moved by Deputy
Mayor Jack Heath
Seconded by
Regional Councillor Jim Jones
1) That the following
delegations regarding the applications by King David Inc., 10340, 10350 and
10370 Woodbine Avenue, be received:
- Kim Beckman, Davies Howe Partners
LLP, representing King David Inc., spoke of the deferral of the matter.
- Shant
Kouyoumdjian, spoke in support of the City attending the OMB hearing to oppose
the appeals by King David Inc.
- Mayrose Gregorios, spoke in support of the City attending the
OMB hearing to oppose the appeals by King David Inc.
- Wing
Liu, spoke in support of the City attending the OMB hearing to oppose the appeals
by King David Inc.; and,
2) That the report dated September 23,
2014 and entitled “Confidential report, legal advice regarding settlement of
appeals by King David Inc., 10340, 10350 and 10370 Woodbine Avenue, Cathedral
Community, North of Major Mackenzie Drive, west of Woodbine Avenue,
Applications for Official Plan/Secondary Plan and Zoning By-law amendments,
Draft Plan of Subdivision and Site Plan Approval, File No.: OP/ZA/SU 13 109102 and SC 13 138564”
(the “Applications”), be received; and,
3) That the City Solicitor or her
designate be directed to attend the Ontario Municipal Board (OMB) hearing to
oppose the appeals by King David Inc. respecting File Nos. OP/ZA/SU
13 109102 and SC 13 138564; and,
4) That staff be directed to retain an
external planner and any other consultants as necessary; and further,
5) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried by a recorded vote (8:2)
(See
following recorded vote which was carried)
(See following proposed motion to defer the
matter which was lost)
(See following recorded vote on motion as
proposed in confidential report which was lost)
Recorded vote which was carried (8:2)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Joe Li, Regional Councillor Jim Jones, Deputy Mayor Jack Heath,
Councillor Colin Campbell, Councillor Alan Ho. (8)
NAYS: Councillor
Carolina Moretti, Mayor Frank Scarpitti. (2)
ABSENT: Regional Councillor
Gord Landon, Councillor Logan Kanapathi, Councillor Alex Chiu. (3)
(This recorded vote was taken at
approximately 12:55 AM on September 24, 2014)
Proposed motion to defer the matter which was lost:
Moved by Deputy Mayor Jack Heath
Seconded by Regional Councillor Gord Landon
That
Council defer the consideration of the matter for King David Inc., 10340, 10350
and 10370 Woodbine Avenue, to the December 16, 2014 Council meeting.
Lost
Council denied the request to withdraw the proposed motion, moved by
Deputy Mayor Jack Heath and seconded by Regional Councillor Gord Landon, to
defer the consideration of the matter for King David Inc., 10340, 10350 and
10370 Woodbine Avenue, to the November 25, 2014 Council meeting. Council consented to revise the date from "November
25, 2014" to "December 16, 2014".
Recorded
vote on motion as proposed in confidential report which was lost (8:4):
NAYS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Regional
Councillor Joe Li, Regional Councillor Jim Jones, Deputy Mayor Jack Heath,
Councillor Colin Campbell, Councillor Alan Ho. (8)
YEAS: Councillor
Carolina Moretti, Mayor Frank Scarpitti, Regional Councillor Gord Landon,
Councillor Alex Chiu. (4)
Absent: Councillor
Logan Kanapathi. (1)
(This recorded vote was taken at
approximately 11:55 PM on September 23, 2014)
(6) ADVICE THAT IS SUBJECT
TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT
PURPOSE
(WARD 2) (5.7)
[Section
239 (2) (f)]
Council
consented to not report out on this matter.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Jim Jones
That By-law 2014-159
be given three readings and enacted.
Three Readings
BY-LAW 2014-159 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER
23, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Valerie Burke
Seconded by Councillor
Howard Shore
That the Council Meeting be adjourned at 1:11 AM on September 24, 2014.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)