COUNCIL MINUTES
June
26, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 16
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 Logan Kanapathi, Councillor
Alex Chiu.
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Alan Brown, Director of
Engineering
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy Clerk
Stephen Huycke, Public Service & Records
Coordinator
The regular
meeting of Council convened at 7:07 p.m. on June 26, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Regional Councillor Jim
Jones disclosed an interest with respect to Item 3, Report No. 34 regarding "Award
of Request for Proposal 019-R-13 Supply and Delivery of Soft Drinks and Related
Equipment" as his son is an employee of Pepsi and did not take part in the
consideration or discussion of or vote on the question of the approval of such
matter.
(2) Councillor Valerie Burke disclosed an interest with respect to New/Other
Business Item No. 4 regarding "Thornhill Revitalization" as she has a
family owned business in the Thornhill area 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 – JUNE 17, 2013
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
1) That
the Minutes of the Council Meeting held on June 17, 2013, be adopted.
CARRIED
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATIONS
REGARDING THE ITEM TITLED
"MARKHAM MUP (MULTI USE
PATHWAY)
16TH AVENUE TO BOB
HUNTER MEMORIAL PARK" (6.3)
The following individuals addressed Council:
1. Tupper Wheatley, Milne
Park Conservation Association, spoke in support of the proposed recommendation.
2. Maureen
Cowan, Sherwood South Ratepayers Community Group, provided comments.
(See Item No. 11. Report No. 32 for Council's
decision on this matter)
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 31 – GENERAL COMMITTEE (June 17,
2013)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
That Report
No. 31 – General Committee comprised of 3 items be received and adopted, except
Items No. 1 and 2. (See following Item Nos. 1 and 2)
(1) ANIMAL
SERVICES DELIVERY MODEL (2.8)
Presentation Report Attachment
A Attachment
B Attachment
C Attachment
D
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
1) That the Animal Care Committee Special Report entitled “The
Future of Markham Animal Services: Priorities for Action to 2016” be
received for information; and,
2) That Option 2 – “Enhanced Status Quo” of the DPRA report entitled “Study
of Animal Service Delivery Model” be adopted and implemented; and,
3) That Staff be authorized to enter into a contract with the OSPCA for
the provision of animal services for a period of two years with an option for 2
two year extensions (if agreeable to both parties); and,
4) That the “Customer Loyalty Card Program” outlined in this report be
adopted and implemented in Markham as a licensing incentive; and,
5) That Staff report back in the Fall of 2013 regarding the
implementation strategy for the Storefront Operation, including 2014 budget
requirements; and,
6) That
staff be directed to report back to Committee a year after the contract with
the OSPCA is signed with a status report on whether or not the OSPCA is
fulfilling the requirements of the contract to the satisfaction of the City of
Markham; and further,
7) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
CARRIED
(2) FIRE SERVICES AUTOMATIC
AID PILOT
PROJECT WITH THE CITY OF VAUGHAN &
TOWN OF RICHMOND HILL (7.15)
Report Appendix
A
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
1) That the report entitled,
“Fire Services Automatic Aid Pilot Project with the City of Vaughan and the
Town of Richmond Hill” dated May 27, 2013 be received; and,
2) That the City of Markham
participate in a two-year Fire Services Automatic Aid Pilot Project with City
the of Vaughan and the Town of Richmond Hill; and,
3) That the Fire Chief be
authorized to enter into discussions to develop an Automatic Aid Agreement with
the City of Vaughan and the Town of Richmond Hill; and,
4) That the Fire Chief advise
the Markham Professional Firefighters Association formally of Markham’s intent
to take part in the pilot project; and,
5) That the Fire Chief report
back on the results and provide recommendations following the two-year pilot;
and,
6) That the Fire Chief also
pursue other collaborations within the Region of York that would be beneficial
to the fire services in Markham; and,
7) That this report be circulated
to City of Vaughan and the Town of Richmond Hill; and,
8) That the Fire Chief be directed to report back on
the potential of entering into an agreement regarding Fire Services Automatic
Aid with the City of Toronto, City of Pickering or Town of Whitchurch-Stouffville,
including an outline of any possible implications; and further,
9) That staff be authorized and
directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to the following:
- Delete the word
"...Pilot..." after the words "...Fire Services Automatic
Aid..." in Resolution No. 8.
- Delete the words
"...Town of Whitchurch-Stouffville and outlining any possible
implications" and replace with the revised words "...Town of Whitchurch-Stouffville,
including an outline of any possible implications" in Resolution No. 8.
(3) TENNIS
CLUBS POLICY (6.0)
Report Attachment
1) That the report entitled
“Tennis Clubs Policy” be received; and,
2) That Council approve in
principle the draft policy, with direction to staff to bring forward a final
policy in September, 2013 after further review and consultation with existing
Tennis Clubs; and,
3) That the following recommendation be referred to the Chief
Administrative Officer for review and consultation with the Ward Councillor:
"That
the demolition of the Clubhouse building at Duncan Park for an upset limit of
$20,000 inclusive of HST to be funded from the Life Cycle Replacement and
Capital Reserve"; and,
4) That establishment of a new
capital project for the demolition be referred to the Chief Administrative
Officer; and,
5) That during the planning
phases of new parks, particularly in Wards 7 & 8, public tennis courts be
considered; and,
6) That
the deputation from Mike Gannon be received; and,
7) That
staff report back on with a recommendation report regarding the Tennis Club
Policy in the Fall 2013; and further,
8) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
CARRIED
6(B) REPORT NO. 32 – DEVELOPMENT SERVICES
COMMITTEE
(June 18, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 32 – Development Services Committee comprised of 11 items be received and
adopted, except Item Nos. 1 and 11. (See following Item Nos. 1 and 11)
(1) STATUS
UPDATE
JAMES CAMPBELL HOUSE
RELOCATION
26 ALBERT STREET
MARKHAM VILLAGE HERITAGE
CONSERVATION DISTRICT (16.11)
Memo
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the Memorandum entitled “Status
Update, James Campbell House Relocation, 26 Albert Street, Markham Village
Heritage Conservation District,” dated June 18, 2013, be received; and,
2) That as recommended by Heritage
Markham, Council declare the James Campbell House eligible for relocation to
Markham Heritage Estates, but only as an intact structure; and,
3) That staff be directed to continue to
work with the prospective purchaser on a proposal to relocate the building to
Markham Heritage Estates and report back to Council on lot selection and the
applicant’s financial capability, budget and project schedule; and
4) That
in the event there is a bonafide offer to purchase a building lot in Markham
Heritage Estates during Council’s summer recess, that authority be delegated to
the Chief Administrative Officer to approve, execute and complete the purchase
subject to confirmation from the Finance Department that the purchaser has the
financial capability to complete the transaction; and,
5) That Council express its appreciation
to the Markham Village Conservancy for their generous offer of financial
assistance toward the building’s preservation and relocation; and further,
6) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
CARRIED
(2) REQUEST
BY CORNELL ROUGE
DEVELOPMENT CORPORATION FOR A
STREET NAME CHANGE FROM
ARBORETUM DRIVE
TO WILLIAM FORSTER ROAD
(10.14)
Memo
1) That
the request by Cornell Rouge Development Corporation to rename Arboretum Drive
to William Forster Road be approved; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2013-125)
CARRIED
(3) RECOMMENDATION
REPORT
PROPOSED GENERAL HOUSEKEEPING
ZONING BY-LAW AMENDMENTS
RESPECTING
VARIOUS PROVISIONS IN THE CITY
OF MARKHAM
ZONING BY-LAWS
(ZA 12-107844 AND ZA
12-109460) (10.5)
Report
DSC
Page 109
1) That
the report dated June 18, 2013 entitled “RECOMMENDATION REPORT, Proposed
General Housekeeping Zoning By-law Amendments respecting Various Provisions in
the City of Markham Zoning By-laws, File Numbers: ZA 12-107844 and ZA
12-109460”, be received; and,
2) That
the record of the Public Meeting held on May 21, 2013, regarding the proposed
general Zoning By-law amendments, be received; and,
3) That
the General Housekeeping Zoning By-law amendments, respecting various
provisions in the City of Markham Zoning By-laws, be approved and the draft
by-laws attached as Appendix ‘A’ 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.
CARRIED
(4) RECOMMENDATION
REPORT
MACKENZIE BUILDERS AND
DEVELOPERS LTD.
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND BY-LAW AMENDMENT,
SOUTHWEST CORNER OF
MAJOR MACKENZIE DRIVE EAST AND
MINGAY AVENUE
(SU 12 – 130894 AND ZA 12 –
130894) (10.7, 10.5)
Report
1) That
the report dated June 18, 2013, entitled “Recommendation Report, Mackenzie
Builders and Developers Ltd., Applications for Draft Plan of Subdivision
Approval and Zoning By-law Amendment, Southwest corner of Major Mackenzie Drive
East and Mingay Avenue, File Numbers SU 12-130894 and ZA12-130894”, be received;
and,
2) That
the record of the Public Meeting held on December 11, 2012, regarding the
applications for approval of Draft Plan of Subdivision and implementing Zoning
By-law be received; and,
3) That
draft plan of subdivision 19TM-12005 submitted by Mackenzie Builders and
Developers Ltd., be draft approved subject to the conditions outlined in
Appendix ‘A’; and,
4) The
Director of Planning and Urban Design, or his designate, be delegated authority
to issue draft approval, subject to the conditions set out in Appendix ‘A’ as
may be amended by the Director of Planning and Urban Design; and,
5) That
the application submitted by Mackenzie Builders and Developers Ltd. to amend
Zoning By-laws 304-87 and 177-96, as amended, be approved and the draft by-laws
attached as Appendix ‘B’ be finalized and enacted without further notice; and,
6) That
2011/2012 servicing allocation for 27.5 single detached units (101.75
population), 12 semi-detached units (36.24 population) and 32 townhouse
dwelling units (90.24 population) be granted to Mackenzie Builders and
Developers Ltd. (for plan of subdivision 19TM-12005 as well as two additional
single detached part lots) and to Wismer Markham Developments Inc. (for five
additional single detached part lots), in accordance with the June 26, 2012
Servicing Allocation Update Report; and,
7) That the Town reserves the right to
revoke or reallocate the servicing allocation should the development not
proceed in a timely manner; and,
8) That
the Region of York be advised of the servicing allocation for this development;
and,
9) That
the draft plan approval for plan of subdivision 19TM-12005 will lapse after a
period of three (3) years from the date of issuance in the event that a
subdivision agreement is not executed within that period; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-laws 2013-126 and 2013-127)
CARRIED
(5) RECOMMENDATION
REPORT
MAHAMEVNA BHAVANA ASAPUWA
TORONTO
APPLICATIONS FOR AMENDMENTS TO
THE
OFFICIAL PLAN, MINISTER’S
ZONING ORDER
AND ZONING BY-LAW TO PERMIT A
PLACE OF WORSHIP
AT 11175 KENNEDY ROAD
(OP 12 117122 AND ZA 12
117122) (10.3, 10.5)
Report
1) That
the report titled “RECOMMENDATION REPORT, Mahamevna Bhavana Asapuwa Toronto
Applications for Amendments to the Official Plan, Minister’s Zoning Order and
Zoning By-law to permit a Place of Worship at 11175 Kennedy Road,” and dated
June 18, 2013 be received; and,
2) That
the applications by Mahamevna Bhavana Asapuwa Toronto to amend the Official Plan and Zoning By-law to permit a
Place of Worship at 11175 Kennedy Road be approved; and,
3) That
the proposed amendment to the Minister’s Zoning Order (MZO) for such purposes,
be endorsed; and,
4) That
the Recommendation Report be forwarded to the Ministry of Municipal Affairs and Housing
(MMAH); and,
5) That
the proposed amendment to the Official Plan be adopted and forwarded to the
Region of York for approval; and,
6) That
the proposed amendment to City by-law 304-87, as amended, be enacted after the proposed
Official Plan Amendment is approved by the Region of York; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) RECOMMENDATION
REPORT
GRANDFIELD HOMES (OAKFORD)
LIMITED
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND ZONING BY-LAW AMENDMENT TO
PERMIT
48 SINGLE DETACHED RESIDENTIAL
UNITS
BLOCK 226, PLAN 65M-3526 AND
BLOCK 77, PLAN 65M-3559
(SU 12 120199 & ZA 12
120199) (10.7, 10.5)
Report
1)
That the petition signed by 43 residents in support of the revised
proposal; and the written submission from John Lee, on behalf of the North
Willow Heights Neighbourhood Residential Community, in opposition to the
proposal by Grandfield Homes, be received; and,
2) That the deputations by John Lee, Vincent Pun, Lisa Huang,
Antonio Taormina, and King Chen, regarding the proposal by Grandfield Homes, be
received; and,
3) That
the Staff Report entitled “RECOMMENDATION REPORT, Grandfield Homes (Oakford)
Limited, Applications for Draft Plan of Subdivision and Zoning By-law Amendment
to permit 48 single detached residential units, Block 226, Plan 65M-3526 and
Block 77, Plan 65M-3559, File No. SU 12 120199 & ZA 12 120199” be received;
and,
4) That
the record of the Public Meeting held on February 19, 2013 regarding the Draft
Plan of Subdivision and implementing Zoning By-law Amendment be received; and,
5) That
the Director of Planning and Urban Design, or his designate, be delegated
authority to issue draft approval, subject to the conditions set out in
Appendix ‘A’ to this report, as may be amended by the Director of Planning and
Urban Design, or his designate; and,
6) That
the application submitted by Grandfield Homes (Oakford) Limited to amend the
Zoning By-law 177-96, as amended, be approved and that the draft by-law
attached as appendices ‘B’ & ‘C’ be
finalized and enacted without further notice; and,
7) That
2011/2012 servicing allocation for 48 single detached units (177.6 population)
be granted to plan of subdivision 19TM-12009, in accordance with the June 26,
2012 staff report on servicing allocation; and,
8) That
the City reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and,
9) That the 2.5 metre strip of land from Block 77, Plan
65M-3559 comprising 940 square metres as shown on Attachment No. 5 be declared
surplus to municipal purposes pursuant to By-law 178-96 and conveyed to the
applicant at fair market value in the opinion of the Manager of Real Property;
and,
10) That
the applicant provide to the City the 30% payment of the required subdivision
processing fee in accordance with the City’s Fee By-law (By-law 211-83, as
amended by By-law 2012-244); and,
11) That
the applicant be requested to provide additional playground features to the
park at a suggested value of $30-50,000, in consultation with the community and
the Manager of Parks and Open Space Development; and further,
12) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(7) MARKHAM
CENTRE PARKLAND FUNDING
AND DELIVERY AGREEMENT (10.0)
Report
1)
That
correspondence from Lyn Townsend of Townsend and Associates regarding Markham
Centre parkland Funding and Delivery Agreement, be received; and,
2) That
the report titled “Markham Centre Parkland Funding and Delivery Agreement”
dated June 18, 2013 be received; and,
3) That
the Mayor and Clerk be authorized and directed to enter into the Markham Centre
Parkland Funding and Delivery Agreement, generally in the form attached hereto,
and amendments thereto, with the Trustee of the Markham Centre Landowners Group
and landowners within Markham Centre, in a form satisfactory to the
Commissioner of Development Services and the City Solicitor; and,
4) That
the staff be authorized to engage a Trustee to manage the trust account and
transactions as described in this report, to be funded from the Parkland
Delivery Fund, and that the Mayor and Clerk be authorized and directed to
execute a contract with the Trustee; and,
5) That
the competitive purchasing process for the engagement of the Trustee 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” to
engage the Trustee; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
the recommendations set out in this report, including execution of documents.
CARRIED
(8) MARKHAM CENTRE MOBILITY HUB STUDY
REVISED SCOPE OF WORK (5.14)
Report Appendix A Appendix
B
1)
That the report
titled “Markham Centre Mobility Hub Study, Revised Scope of Work” be received;
and,
2) That
the following be referred to the Unionville Subcommittee:
"That
Purchase Order PD 11314 issued to Arup Canada Inc. for contract 167-T-11
(Markham Centre Mobility Hub/Station – Consulting Services) be increased
by $290,765.00, inclusive of HST, (from $369,197 to $659,962) to cover the
proposed expanded scope of work as detailed in this report, and be funded from
Capital Account 640-101-5699-10577 (Markham Centre Mobility Hub)"; and,
3) That
the Unionville Subcommittee and the Chief Administrative Officer be authorized
to approve proceeding with the study and to approve the funding, during Council’s summer recess; and,
4) That
staff provide regular updates to Development Services Committee on the progress
of the Markham Centre Mobility Hub Study; and,
5) That
Metrolinx be requested to fund a portion of the study; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(9) TEMPORARY ROAD CLOSURE OF A SECTION
OF CORNELL CENTRE BOULEVARD
FROM 16TH AVENUE TO
RIVERLANDS AVENUE (5.10)
Report
1) That
the June 18, 2013 report entitled ‘Temporary
Road Closure of a Section of Cornell Centre Boulevard from 16th
Avenue to Riverlands Avenue’ be received; and,
2) That
temporary closure of Cornell Centre Boulevard,
from 16th Avenue to Riverlands Avenue be approved to
facilitate the construction of municipal services infrastructure and
reconstruction of Cornell Centre Boulevard, for a forecast period from Monday
July 1, 2013 to Friday November 1, 2013 subject to conditions listed in this
report; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(10) RE-CONSTRUCTION
AND TEMPORARY ROAD CLOSURE
OF VILLAGE PARKWAY BETWEEN
HIGHWAY 7
AND LANDMARK COURT (5.10)
Report
1) That
the report titled ‘Re-construction and Temporary
Road Closure of Village Parkway between Highway 7 and Landmark Court’
dated June 18, 2013 be received; and,
2) That
Council authorize the Mayor and Clerk to execute construction agreement(s) for
re-construction of Village Parkway, from Highway 7 to Landmark Court with the
Times Group/Unionville Development Corp (Lee) and/or North Avenue 7 Developers
Group Inc. and/or any other parties having jurisdiction, in a form satisfactory
to the Chief Administrative Officer and the City Solicitor; and,
3) That
temporary road closure of Village Parkway between Highway 7 and Landmark Court
be approved to facilitate the re-construction of Village Parkway and
installation of underground services for
a forecast period from Monday July 5, 2013 to Monday October 28, 2013, subject
to conditions listed in this report; and,
4) That
an exemption to the City’s Noise Control By-Law 2003-137 be made to extend the
hours of work from 7:00 AM to 9:00 PM on weekdays and from 7:00 AM to 7:00 PM
on weekends and holidays during the road closure period; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(11) MARKHAM
MUP (MULTI USE PATHWAY)
16TH AVENUE TO BOB
HUNTER MEMORIAL PARK (6.3)
Resolution Presentation
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Alan Ho
1) That the deputations by
Tupper
Wheatley, representing the Milne Dam Conservation Association, and Elizabeth
Tan regarding the Markham Multi Use Pathway be received; and,
2) That the June 18, 2013 presentation
from Schollen and Company Inc. be received; and,
3) That staff be authorized to proceed
with the tender of Phase 1 MUP construction for Area 2, 3 & 4 (from Carlton
Rd & Main St Unionville through Milne Dam Conservation Area to Drakefield
Road), and report back on bid pricing and award of tender; and,
4) That staff report back to Council or
CAO with respect to tender price/award and final scope of work for Phase 1,
including Options 1 and 2 for the Main Street/Carlton Road crossing and an
approach to improve the accessibility of the parking lot at the Milne Dam
Conservation Area; and,
5) That staff ensure the accessibility
loop be properly maintained; and,
6) That staff report back with an update
on Phase II works and outstanding issues (i.e. signage, entrance features,
landscaping, maintenance requirements, etc.,); and further,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED BY A UNANIMOUS RECORDED VOTE (13:0)
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 Logan Kanapathi, Councillor Alex
Chiu.
Moved by Deputy Mayor Jack Heath
Seconded by Councillor Carolina Moretti
That Council consider the item titled "Markham Mup (Multi Use
Pathway) 16th Avenue to Bob Hunter Memorial Park" immediately
following the delegations with respect thereto.
CARRIED BY A 2/3 VOTE OF MEMBERS PRESENT
6(C) REPORT NO. 33 – DEVELOPMENT SERVICES PUBLIC
MEETING
(June 18, 2013)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY REPORT
8310 WOODBINE DEVELOPMENTS
INC.
8310 WOODBINE AVENUE
SOUTHWEST CORNER OF WOODBINE
AVENUE AND LANARK ROAD
APPLICATIONS FOR ZONING BY-LAW
AMENDMENT AND
SITE PLAN APPROVAL TO PERMIT A
ONE STOREY OFFICE BUILDING
(ZA/SC 12 119142) (10.5, 10.6)
Report
1) That
the Development Services Commission report dated May 7, 2013 entitled
“Preliminary Report, 8310 Woodbine Developments Inc., 8310 Woodbine Avenue,
Southwest corner of Woodbine Avenue and Lanark
Road, Applications for Zoning By-law Amendment and Site Plan Approval to permit
a one storey office building, File No.: ZA/SC 12 119142”, be received; and,
2) That
the Record of the Public Meeting held on June 18, 2013, with respect to the
application by 8310 Woodbine Developments Inc., for an amendment to Zoning By-law 165-80,
as amended, be received; and further,
3) That Zoning By-law Amendment application (ZA
12 119142) by 8310 Woodbine Inc. for an amendment to Zoning By-law 165-80, as
amended, be approved; and further,
4) That the proposed Zoning By-law Amendment to
amend By-law 165-80, as amended, be enacted without further notice.
(By-law 2013-129)
CARRIED
6(D) REPORT NO. 34 – GENERAL COMMITTEE (June 24,
2013)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
That Report
No. 34 – General Committee comprised of 7 items be received and adopted, except
Item Nos. 2, 3, 4 and 7. (See following Item Nos. 2, 3, 4 and 7)
(1) APPOINTMENT OF THE
INTEGRITY
COMMISSIONER (9.0)
Report
1) That the verbal introduction by Ms. Trinela Cane,
Commissioner, Corporate Services be received; and,
2) That the report entitled “Request for Proposal 003-R-13 for Integrity
Commissioner Services for Council” be received; and,
3) That
the contract for Integrity Commissioner Services for Council be awarded to ADR
Chambers Inc. in an annual retainer amount of $20,710 (inclusive of HST) and
additional services; and,
4) That the contract be awarded for an initial term of one year with the
option to renew for up to five (5) additional one (1) year terms; and,
5) That Staff be authorized to bring forward a by-law for Council’s
consideration to appoint ADR Chambers Inc., and to fulfill the role of
Integrity Commissioner; and,
6) That the retainer fee of $10,355 (inclusive of HST) for the period from
July to December 2013 and one time training cost of $1,526 be funded from the
existing Operating Budget account 840-841-7849 (Corporate Contingency); and,
7) That Staff be authorized to monitor the 2013 expenses and any necessary
adjustments will be considered as part of the 2014 Operating Budget process;
and further,
8) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2013-135)
CARRIED
(2) MINUTES
OF THE MAY 13, 2013
COMMUNICATIONS COMMITTEE & INFORMATION
TECHNOLOGY SUB-COMMITTEE (16.0)
Minutes
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That
the Minutes of the May 13, 2013 Communications Committee and Information
Technology Sub-Committee be received for information purposes; and,
2) That
Council endorse the resolution passed at the May 13, 2013 Communications &
ITS Sub-Committee meeting:
“That the Communications & Information Technology Sub-Committee be
renamed the Information, Communication and Technology Sub-Committee.”
CARRIED
(3) PROJECT #019-R-13
SUPPLY AND DELIVERY
OF SOFT DRINKS AND RELATED EQUIPMENT (7.12)
Report
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That the report
entitled “Award of Request for Proposal 019-R-13 Supply and Delivery of Soft
Drinks and Related Equipment” be received; and,
2) That Request for
Proposal 019-R-13 for the Supply and Delivery of Soft Drinks and Related
Equipment be awarded to the highest ranked / highest revenue return bidder,
PepsiCo Beverages Canada for a term of five (5) years with financial returns as per Attachment
“A”; and,
3) That the Director of Recreation
and Senior Manager of Purchasing & Accounts Payable in consultation with
the City Solicitor be authorized to approve the final terms and conditions of
the agreement; and,
4) That the $5,000.00
annual revenue towards beverage exclusivity be credited to Corporate Items – Other Revenue (Operating
Budget account 890 890 9397) and the $10,000.00 signing bonus be transferred to
Life Cycle Replacement & Capital Reserve Fund (account 087 2800 200); and,
5) That the $5,000.00
annual sponsorship revenue be allocated as follows: $2,500.00 credited to the
Markham Theatre Corporate Sponsorship (Operating Budget account 530 534 8831)
and $2,500.00 towards the Tony Roman Memorial Hockey Tournament as outlined in
financial consideration section of the report; and,
6) That a commission
amount of thirty percent (30%) of Annual Gross Sales in the estimated annual
amount of $33,540.00 be credited to the Vending Machine Operating Budgets
accounts for Recreation, Library and Roads; and,
7) That the Director of
Recreation and Senior Manager of Purchasing & Accounts Payable be
authorized to extend the contract for an additional five (5) years subject to
annual increases of 2% in each year commencing in year 6 of this agreement; and
further,
8) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
CARRIED
(Regional
Councillor Jim Jones abstained due to conflict)
Regional
Councillor Jim Jones disclosed an interest and did not participate in the
discussion of or vote on this matter.
(4) AWARD
OF TENDER 155-T-13
CONVERSION OF EXISTING HPS
COBRA-HEAD
LUMINAIRES WITH LED LUMINAIRES
(7.12)
Report
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That
the report entitled “Award of Tender 155-T-13 Conversion of Existing HPS
Cobra-Head Luminaires with LED Luminaires” be received; and,
2) That
the contract for tender 155-T-13 to supply and install 12,276 LED
luminaires be awarded to the lowest
priced bidder, Fellmore Electrical Contractors Limited in the amount of
$4,604,060.78 inclusive of HST; and,
3) That a contingency amount of $460,406.08 inclusive of HST, be established to cover any additional expenditure in
accordance with the Expenditure Control Policy; and,
4) That
the contract for tender 155-T-13 Provisional Items for the Factory Installed
Part-Night and Constant Light Input (CLO) Dimmers, Factory Installed Wireless
Addressable Dimming Control Modules, hosting the Monitoring Central Management
System for Dimming Control Modules, and
supply and installation of 500 units of House Shield be awarded to the
lowest priced bidder, Fellmore Electrical Contractors Limited in the amount of
$1,568,373.84, inclusive of HST; and,
5) That a contingency amount of $156,837.38 inclusive of HST, be established to cover any additional expenditure in
accordance with the Expenditure Control Policy; and,
6) That the Staff be authorized to award the contract for
part-time contract administration services to Laurilliam Lighting Technologies
Inc. in the amount of $39,584.64 inclusive of
HST, in accordance with Part II (7) (I) (h) of the Purchasing By-law;
and,
7) That a contingency amount of $4,000.00 inclusive of HST, be established to cover any additional expenditure in
accordance with the Expenditure Control Policy; and,
8) That Staff be authorized to retain a qualified consulting
firm in accordance with the City’s purchasing by-law to provide inspection
services during LED conversion program for an upset limit of $148,000.00
inclusive of HST; and,
9) That the payback for the base LED conversion project be
approved at 6.7 years and the provisional items be approved at 10.1 years and
the combined project be approved at 7.3 years; and,
10) That a By-Law be enacted to allow for the dimming of
streetlights for 5 hours per night (midnight to 5.00 a.m.) at the locations
where pedestrian activity permits; and,
11) That the award be funded from the Project 058-6150-13346-005
Streetlights – LED Conversion of Cobra Head Fixtures; and,
12) That a Public Communication Plan be developed in consultation
with Corporate Communications & Community Engagement Department and
Sustainability Office; and,
13) That for all subdivision and site plans that do not have an
approved streetlight plan that LED luminaires be required; and,
14) That all City standards be adjusted accordingly; and further,
15) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) 2014 BUDGET SCHEDULE
(7.0)
Report
1) That
the report dated June 24, 2013 entitled “2014 Budget Schedule” be received;
and,
2) That
the Budget Sub-Committee meetings to review the proposed 2014 Budget be
approved for the dates and times below:
Meeting #1 – Tuesday, October 8th (1:00 p.m. to 4:00 p.m. – Canada
Room)
Meeting #2 – Friday, October 11th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #3 – Tuesday, October 15th
(1:00 p.m. to 4:00 p.m. – Canada Room)
Meeting #4 – Friday, October 18th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #5 – Friday, October 25th
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #6 – Friday, November 1st
(9:00 a.m. to 12:00 p.m. – Canada Room)
Meeting #7 – Friday, November 8th (9:00 a.m. to 12:00 p.m. – Council
Chamber); and,
3) That
the draft presentation on the proposed 2014 Budget (based on the budget status
following the October 18th Budget Sub-Committee meeting) for the
public meeting be presented at the October 21st General Committee
meeting; and,
4) That
a public meeting be held at the Civic Centre in the Council Chamber on
Thursday, October 24, 2013 at 7:00 pm to receive public feedback on the 2014
Budget; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) ROAD
OCCUPANCY BY-LAW (5.10)
Report Attachment
A
1) That
the report entitled "Road Occupancy By-law" be received; and,
2) That
the proposed Road Occupancy By-law included as Appendix “A” be enacted to
regulate the use, alteration and occupancy of highways within the City of
Markham; and,
3) That
By-laws 191-89 (Fouling of Streets), 68-92 (Trees on Highways) 158-93 (Curb
Cuts), and 2002-276 (Fees- Road Occupancy Section) be repealed; and,
4) That
the Director of Operations be authorized to set future increases annually based
on the change in the Consumer Price Index (Toronto All Items December-
December) with such increases effective January 1 and rounded to the nearest
half dollar; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2013-136)
CARRIED
(7) TO2015
PAN AM/PARAPAN AM GAMES
– STATUS UPDATE (6.0)
Presentation Report Attach
A Attach
B Attach
C Attach
D
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Colin Campbell
1) That
the report TO2015 Pan Am/Parapan Am Games – Status Update be received; and,
2) That
Council approve the participation of the City of Markham in the TO2015
Municipal Designation Program at a Gold Level, based on the City’s role as a
major Games location and the requirements of the Facility Agreement at a
maximum cost of $250,000 and the Community Engagement Strategy for a cost of
$50,000 to be funded from corporate sponsorship and fundraising initiatives;
and,
3) That
Council support the Pan Am 2 Year Countdown event on Wednesday, July 10, 2013
to be held at the Markham Civic Centre be funded to a maximum of $15,000 will
be funded from Project #12465 ‘Pan Am –
Building Demolition’; and,
4) That
Council endorse the permanent name recommended by the Federal government
(Attachment D), satisfying the requirements within the agreement that all
permanent facility signage must be bilingual, English and French, at the
Markham Pan Am Centre as follows:
Markham Pan Am Centre
A Legacy of the Pan and Parapan American
Games
Centre Panaméricain de Markham
Un Legs Des Jeux Panaméricians et
Parpanaméricains
5) That
Council approve the Terms of Reference for the Markham Pan Am Host Advisory
Committee (Attachment B) with the Mayor chairing the Committee and the Chair of
Economic Development as a member and that the Mayor with the support of the CAO
and Commissioner of Community & Fire Services finalize the appointments
based on the categories in the terms of reference; and,
6) That
Council approve the Terms of Reference for the Markham Pan Am Community
Activation and Legacy Committee (Attachment C) and request that each Councillor
provide three names for consideration based on the areas outlined in the
membership list to be forwarded to the City Clerk for consideration and
appointment by the end of September 2013 in accordance to the Markham Board and
Committee Appointment Policy; and,
7) That
Council thank all participants that attended the Community Workshop (Attachment
A) and the suggestions provided be reviewed by the Markham Pan Am Community
Activation and Legacy Committee; and,
8) That
Council authorize the hiring of a contract position to facilitate the
marketing, sport development plan and start up of the Pan Am Facility funded to
a maximum of $115,000 per annum to start
January 2014 to be funded from the existing Personnel Ramp-Up Reserve
for the Markham Pan Am Centre; and further,
9) 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
(1) TO CREATE A PERMANENT, SEARCHABLE
VOTING RECORD FOR MEMBERS OF
COUNCIL (16.23)
Note: This notice of motion will
be considered by Council on September 17, 2013.
Moved by Councillor Howard
Shore
Seconded by Councillor Don
Hamilton
Whereas the City of Markham is committed to the principle of Open
Government, which promotes transparency, accountability and accessibility of
good governance and fosters a culture of collaboration and improved service to
the public; and,
Whereas a complete and comprehensive record of each elected
representatives’ voting is essential to the principle of accountability; and,
Whereas a complete and accurate attendance record for all elected
members of Council is fundamental to good governance; and,
Whereas the City of Markham has the technology available to readily
record all members’ votes on all items; and,
Now therefore be it resolved:
1) That the Commissioner of Corporate
Services report to General Committee no later than October 21, 2013 with
recommendations regarding the required logistics of recording, compiling and
reporting of a Voting Record for each individual Member of Council.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
That Council
receive and consent to the disposition of communications in the following
manner:
Referred to all Members of
Council
50-2013 LIQUOR LICENCE
APPLICATION FOR SUSHI KIKU, 230 COMMERCE VALLEY DRIVE EAST, SUITE 11 (WARD 2)
(3.21)
Info
-
Forwarding a request for the City of Markham to complete the Municipal Information
Form.
(Change of
ownership and application of a liquor licence for indoor areas previously
licenced).
CARRIED
51-2013 SPECIAL OCCASION
LIQUOR PERMIT FOR GREEK ORTHODOX COMMUNITY OF MARKHAM (Ward 6) (3.21)
Letter
- Requesting an approval from the City of
Markham to designate their Annual Greek Summer Festival being held from July 19 to 21 and 26 to 28,
2013 at 11359 Warden Avenue as an event of "Municipal Significance". The City's designation is a requirement of the
Alcohol and Gaming Commission of Ontario (AGCO) to support the application of a
Special Occasion Liquor Permit.
CARRIED
Received
52-2013 MINUTES OF THE
MARKHAM SUB-COMMITTEE – JUNE 20, 2013
(PROPOSED SECONDARY SCHOOL SITE EXCHANGE IN CORNELL BETWEEN PUBLIC AND CATHOLIC
SCHOOL BOARDS AND THE POTENTIAL ACCOMMODATION OF SOCCER FIELDS WITHIN THESE
SCHOOL SITES) (10.0)
Minutes
CARRIED
53-2013 2223156 ONTARIO
INC. (GABRIELE GROUP OF COMPANIES), 150 BULLOCK DRIVE – MEMORANDUM FROM THE
COMMISSIONER OF DEVELOPMENT SERVICES (10.5)
- Providing an update on this application and recommending the
enactment of the zoning by-law with respect thereto.
(By-law 2013-137)
Memo
CARRIED
Council
consented to delete the words "...140 Bullock Drive..." and replace
with the revised words "...150 Bullock Drive...".
54-2013 ANNETTE
CACOROVSKI (16.0)
- Providing comments with respect to the June 26, 2013 In-Camera
Council Meeting.
Email
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
REQUESTS (3.4)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- International Day Against Drug Abuse and Illicit Trafficking (June
26, 2013)
- Ontario Family Fishing Events (July 6 to 14, 2013)
CARRIED
11. NEW/OTHER BUSINESS
(1) AWARD
OF TENDER # 009-T-13
BIRCHMOUNT ROAD / DENISON
STREET
INTERSECTION IMPROVEMENTS
(7.12 & 5.10)
Report
Alan
Brown, Director of Engineering provided a verbal update on options for turn
lanes.
Moved by Regional
Councillor Gord Landon
Seconded by
Councillor Alex Chiu
1) That the report entitled “Award of Tender # 009-T-13 Birchmount Road /
Denison Street Intersection Improvements” be received; and,
2) That the contract for Tender # 009-T-13
Birchmount Road / Denison Street Intersection Improvements be awarded to the
lowest priced compliant bidder, Ashland Paving in the amount of $452,931.04
inclusive of HST; and,
3) That
a contingency in the amount of
$45,293.10 inclusive of HST, be established to cover additional
construction costs, and staff be authorized to approve the expenditure of
this contingency in accordance with the City of Markham’s Expenditure Control
Policy; and,
4) That
the Engineering Department Capital Administration Fee in the amount of
$59,786.90, inclusive of HST, be transferred to reserve account # 640-998-8871
“Capital Administration Fess”; and,
5) That
the project cost be funded from
Account # 083-5350-9291-005 (Intersection improvements) in the amount of
$558,011.04; and,
6) That
the remaining funds in account # 083-5350-9291-005 “Intersection Improvements”
in the amount of $192,990.20 be returned to the original funding source; and
further,
7) That
Staff be authorized and directed to take all steps necessary to give effect to
this resolution.
CARRIED
(2) STOUFFVILLE GO ENVIRONMENTAL
ASSESSMENT (EA) STUDY (5.14)
Memo
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
Whereas in the
Metrolinx’s Big Move (2009) and Next Wave (November 2012) documents, full day,
2 way service expansion for the Stouffville GO Line corridor is to be from
Union station to Mount Joy station as part of the 15 year plan for Regional
Rapid Transit; and,
Whereas Markham
Council on May 1, 2012 requested GO Transit to consider electrification for
this corridor and establish a steering committee and working group; and,
Whereas GO Transit
is undertaking an Environmental Assessment (EA) study area for this line from
Kennedy station to Unionville station; and,
Whereas staff have
requested GO Transit to revise their study Terms of Reference to include,
Unionville station to Mount Joy station and a 2031 horizon year for the Environmental
Assessment Study;
Now therefore be it resolved:
1) That GO Transit be requested to expand the scope of work and
study area of their EA study to include the Unionville station to Mount Joy
station section; and,
2) That GO Transit be requested to extend the Environmental
Assessment study time horizon to 2031 to be consistent with the provincial
growth horizon and to ensure transit requirements in this corridor can be
defined; and,
3) That GO Transit consider the electrification for this corridor;
and,
4) That GO Transit review anti-whistling requirements in this
corridor as part of this Environmental Assessment study;
5) That Gary McNeil, President of GO Transit, Robert Prichard, Chair
of Metrolinx and Bill Fisch, Chair of Region of York be advised accordingly.
CARRIED
(3) DECLARATION
OF SURPLUS PROPERTY
PART LOT 6, PLAN 2196,
DESIGNATED PARTS 1 AND 2, PLAN
65R-34305 (8.5)
Notices of Proposed Sale
Town of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Don Hamilton
1) That the
notice of proposed sale for the City owned lands legally described as follows
be confirmed:
"Part
of Lot 6, Plan 2196, designated as Parts 1 and 2, Plan 65R-34305, City of Markham,
Regional Municipality of York."
(By-law 2013-133)
CARRIED
(4) MEETINGS
REGARDING THORNHILL REVITALIZATION
(PUBLIC INFORMATION MEETING –
JULY 9, 2013, 7:00 PM)
(SPECIAL COUNCIL MEETING –
JULY 9, 2013, 8:00 PM) (10.0)
Council was
advised of the following meetings:
A Public
Information Meeting has been scheduled for July 9, 2013, 7:00 p.m., Council
Chamber, regarding Thornhill Revitalization.
A Special
Council Meeting has been scheduled for July 9, 2013, 8:00 p.m., Council
Chamber, regarding Thornhill Revitalization.
(Councillor Valerie Burke abstained due to
conflict)
Councillor
Valerie Burke disclosed an interest and did not participate in the discussion
of or vote on this matter.
Council
consented to add this item to the Council In-camera Agenda for this date to
obtain legal advice under the authority of The Municipal Act, Section
239 (2) (f).
(See In-camera Item No. 10 for Council's decision on this matter)
12. BY-LAWS
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
That By-laws 2013-121 to 2013-133 and
2013-135 to 2013-137 be given three readings and enacted.
Three Readings
BY-LAW 2013-121 FRONTIER GROUP OF COMPANIES INC., 11192 WOODBINE AVENUE, ZONING
BY-LAW AMENDMENT – DELETING BY-LAW
- A by-law to amend 304-87, as amended, to
delete the lands from By-law 304-87, as amended, so they may be incorporate
into By-law 177-96, as amended, to permit business office use.
(Item No. 1, Report No. 30 – Approved by
Council on June 17, 2013)
By-law
CARRIED
BY-LAW 2013-122 FRONTIER GROUP OF COMPANIES INC., 11192 WOODBINE AVENUE, ZONING
BY-LAW AMENDMENT – IMPLEMENTING BY-LAW
- A by-law to amend By-law 177-96, as amended,
to permit business office use.
(Item No. 1, Report No. 30 – Approved by
Council on June 17, 2013)
By-law
CARRIED
BY-LAW 2013-123 LINDVEST PROPERTIES (CORNELL) LIMITED, SOUTH OF HIGHWAY 7, EAST
OF 9TH LINE, ZONING BY-LAW AMENDMENT – DELETING BY-LAW
- A
by-law to amend by-law 304-87, as amended, to delete the lands from by-law
304-87, as amended, so they may be incorporated into By-law 177-96, as amended,
to permit a residential development.
(Item No. 2, Report No. 23 – Approved by
Council on May 13, 2013)
By-law
CARRIED
BY-LAW 2013-124 LINDVEST PROPERTIES (CORNELL) LIMITED, SOUTH OF HIGHWAY 7, EAST
OF 9TH LINE, ZONING BY-LAW AMENDMENT – IMPLEMENTING BY-LAW
- A
by-law to amend by-law By-law 177-96, as amended, to permit a residential
development.
(Item No. 2, Report No. 23 – Approved by
Council on May 13, 2013)
By-law
CARRIED
BY-LAW 2013-125 A BY-LAW TO RENAME ARBORETUM DRIVE TO WILLIAM FORSTER ROAD
(Item No. 2, Report No. 32)
By-law
CARRIED
BY-LAW 2013-126 MACKENZIE BUILDERS AND DEVELOPERS LTD., SOUTHWEST CORNER OF MAJOR
MACKENZIE DRIVE EAST AND MINGAY AVENUE, ZONING BY-LAW AMENDMENT – DELETING
BY-LAW
- A by-law to amend By-law 304-87, as
amended, to delete the lands from By-law 304-87, as amended, so they may be
incorporated into By-law 177-96, as amended, to permit a residential
development.
(Item No. 4, Report No. 32)
By-law
CARRIED
BY-LAW 2013-127 MACKENZIE BUILDERS AND DEVELOPERS LTD., SOUTHWEST CORNER OF MAJOR
MACKENZIE DRIVE EAST AND MINGAY AVENUE, ZONING BY-LAW AMENDMENT – IMPLEMENTING
BY-LAW
- A by-law to amend By-law 177-96, as
amended, to permit a residential development.
(Item No. 4, Report No. 32)
By-law
CARRIED
BY-LAW 2013-128 GRANDFIELD HOMES (OAKFORD) LIMITED, BLOCK 226, PLAN 65M-3526 AND
BLOCK 77, PLAN 65M-3559, WEST OF WOODBINE AVENUE AND NORTH OF 16TH
AVENUE AND SOUTH OF MAJOR MACKENZIE DRIVE, ZONING BY-LAW AMENDMENT –
IMPLEMENTING BY-LAW
- A by-law to amend By-law 177-96, as
amended, to permit residential development and introduce site specific
development standards.
(Item No. 6, Report No. 32)
By-law
CARRIED
BY-LAW 2013-129 8310 WOODBINE DEVELOPMENTS INC., 8310 WOODBINE AVENUE, ZONING
BY-LAW AMENDMENT
- A by-law to amend By-law 165-80, as
amended, to permit an office building.
(Item No. 1, Report No. 33)
By-law
CARRIED
- A by-law to amended By-law 177-96, as
amended, to permit the development of residential dwellings, west of The Bridle
Walk and north of Wilfred Murison Avenue.
By-law
CARRIED
BY-LAW 2013-131 KYLEMORE COMMUNITIES (WEST VILLAGE) LTD., 9 AND 15 STOLLERY POND
CRESCENT, ANGUS GLEN WEST VILLAGE, REMOVAL OF HOLDING (H) PROVISION
- A by-law to amend By-law 177-96, as
amended, to permit the development of residential condominium.
By-law
CARRIED
BY-LAW 2013-132 EMERY THE ESSENTIAL LAND CORPORATION, 550 BUR OAK AVENUE, PART OF
BLOCK 12, PLAN 65M-3632, REMOVAL OF HOLDING (H) PROVISION
- A by-law to amend By-law 177-96, as
amended, to permit the development of residential condominium.
By-law
CARRIED
BY-LAW 2013-133 A BY-LAW TO DECLARE SURPLUS, A PORTION OF THE FORMER HELEN AVENUE
TURNING CIRCLE, MORE PARTICULARLY DESCRIBED AS PART LOT 6, PLAN 2196,
DESIGNATED PARTS 1 AND 2, PLAN 65R-34305.
By-law
CARRIED
BY-LAW 2013-135 APPOINTMENT OF INTEGRITY COMMISSIONER (ADR CHAMBERS INC.)
(Item No. 1, Report No. 34)
By-law
CARRIED
BY-LAW 2013-136 A BY-LAW TO REGULATE THE USE, ALTERATION, AND OCCUPANCY OF
HIGHWAYS WITHIN THE CITY OF MARKHAM
(Repeals Fouling of Street By-law 191-89,
Trees on Highways 68-92, Curb Cuts 158-93)
(Item No. 6, Report No. 34)
By-law
CARRIED
BY-LAW 2013-137 2223156 ONTARIO INC. (GABRIELE GROUP OF COMPANIES), 150 BULLOCK
DRIVE, ZONING BY-LAW AMENDMENT
- A by-law to amend By-law 1229, as amended,
to allow additional uses on the subject property.
(Communication No. 53-2013)
By-law
CARRIED
Council consented to delete the words "...140 Bullock
Drive..." and replace with the revised words "...150 Bullock
Drive...".
13. IN-CAMERA ITEMS
Moved by Councillor
Carolina Moretti
Seconded by Regional
Councillor Joe Li
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters
(7:59 p.m.):
COUNCIL
– June 26, 2013
(1) RESTRICTED IN-CAMERA COUNCIL MEETING MINUTES
- APRIL 30 AND MAY 1, 2013
(16.0)
[Section 239 (2) (d)]
GENERAL
COMMITTEE- June 17, 2013
(2) ADVICE THAT IS SUBJECT TO
SOLICITOR-CLIENT PRIVILEGE,
INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE
(MARKHAM SPORTS, ENTERTAINMENT
AND CULTURAL CENTRE) (6.0)
[Section 239 (f)]
DEVELOPMENT
SERVICES COMMITTEE- June 18, 2013
(3) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (8.0)
[Section 239 (2) (e)]
GENERAL
COMMITTEE- June 24, 2013
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES. (BOARD/COMMITTEE APPOINTMENT) (16.24)
[Section 239 (2) (b)]
(5) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES. (BOARD/COMMITTEE RESIGNATION) (16.24)
[Section 239 (2) (b)]
(6) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD. (WARD 3) (6.0 and 8.6)
[Section 239 (2) (c)]
(7) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD. (WARD 4) (8.6)
[Section 239 (2) (c)]
COUNCIL
– June 26, 2013
(8) A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 6) (8.0)
[Section 239 (2) (c)]
(9) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES. (MARKHAM SPORTS, ENTERTAINMENT & CULTURAL CENTRE) (6.0)
[Section 239 (2) (b)]
(10) ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT
PRIVILEGE,
INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE
(THORNHILL REVITALIZATION)
(10.0)
[Section 239 (2) (f)]
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Don Hamilton
That Council
rise from the in-camera session and report. (9:02 p.m.)
CARRIED
The items were
reported out as follows:
(1) RESTRICTED IN-CAMERA
COUNCIL MEETING MINUTES
- APRIL 30 AND MAY 1, 2013
(16.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the Restricted In-camera Council meeting minutes
dated April 30 and May 1, 2013, be
confirmed.
CARRIED
(2) ADVICE
THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE,
INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE
(MARKHAM SPORTS, ENTERTAINMENT
AND CULTURAL CENTRE) (6.0)
Moved by
Regional Councillor Gord Landon
Seconded by
Councillor Alan Ho
Whereas Council directed that a second
opinion be sought from an outside legal source to provide advice on whether the
City should release the records referenced in the motion presented at its
meeting of February 12, 2013 to the Public; and,
Whereas Alex Cameron, a partner with the firm
of Fasken Martineau and an expert on access to information and privacy issues,
was retained by the City to provide this advice; and,
Whereas the second legal opinion, which is a privileged
and confidential document, has been received by Markham Council; and,
Whereas the decision to release the records
in question is currently under appeal to the Information and Privacy Commission
of Ontario; and,
Now therefore be it resolved that:
The City of Markham reaffirms the position not to disclose any of the
documents or background material related to the Markham Sports, Entertainment
and Cultural Centre that were subject of a motion at the February 12, 2013
Council meeting, except in accordance with the Municipal Freedom of
Information and Protection of Privacy Act.
CARRIED BY A RECORDED VOTE (11:2)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor
Carolina Moretti, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho, Councillor
Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Regional
Councillor Joe Li, Regional Councillor Jim Jones. (2)
(3) CONFIDENTIAL REPORT
MINOR VARIANCE APPEAL
HANI AND LEILA FADALI
17 WILDROSE CRESCENT
A/06/13 (8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the report titled “Confidential Report, Minor Variance Appeal, Hani and Leila
Fadali, 17 Wildrose Crescent, A/06/13” be received; and,
2) That
Council direct the City Solicitor and Staff not to attend the Ontario Municipal
Board hearing in respect of the conditions imposed by the Committee of
Adjustment on its approval of the application for minor variance respecting 17
Wildrose Crescent; and,
3) That
a copy of this Council Resolution be forwarded to Metrolinx; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(4) BOARD/COMMITTEE
APPOINTMENT (16.24)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
1)
That the following appointment to
the Main Street Unionville Committee be confirmed:
|
Representation
|
Term End
Date
|
Charles Deacon
|
Unionville Villagers
Association
|
November 30, 2014
|
CARRIED
(5) BOARD/COMMITTEE
RESIGNATION (16.24)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Valerie Burke
1) That the resignation of Ellakiya Sivapalan from
the RBC Markham-Milliken Children's Festival Committee be received with
regret for information purposes and that a letter of appreciation be forwarded
by Mayor Frank Scarpitti.
CARRIED
(6) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 3) (6.0
& 8.6)
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Gord Landon
1) That staff be
authorized to proceed as directed by Council on June 26, 2013 regarding a
proposed or pending acquisition or disposition of land by the municipality or
local board (Ward 3).
CARRIED BY A RECORDED VOTE (9:4)
(See following recorded vote)
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor
Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (9)
NAYS: Councillor
Valerie Burke, Regional Councillor Joe Li, Regional Councillor Jim Jones, Councillor
Colin Campbell. (4)
(7) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD. (WARD 4)
(8.6)
Moved by
Councillor Carolina Moretti
Seconded by Regional
Councillor Gord Landon
1) That staff be
authorized to proceed as directed by Council on June 26, 2013 regarding a
proposed or pending acquisition or disposition of land by the municipality or
local board (Ward 4).
CARRIED BY A RECORDED VOTE (11:2)
(See following recorded vote)
YEAS: Councillor
Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional
Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho, Councillor
Logan Kanapathi, Councillor Alex Chiu. (11)
NAYS: Councillor
Valerie Burke, Regional Councillor Joe Li. (2)
(8) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION
OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (Ward 6) (8.0)
Moved by
Councillor Carolina Moretti
Seconded by
Deputy Mayor Jack Heath
1) That staff be
authorized to proceed as directed by Council on June 26, 2013 regarding a
proposed or pending acquisition or disposition of land by the municipality or
local board (Ward 6).
CARRIED
(9) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES. (MARKHAM SPORTS, ENTERTAINMENT & CULTURAL CENTRE) (6.0)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Howard Shore
1) That staff be
authorized to proceed as directed by Council on June 26, 2013 regarding a personal
matter about an identifiable individual, including municipal or local board
employees (Markham Sports, Entertainment & Cultural Centre).
CARRIED
(10) ADVICE
THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE,
INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE
(THORNHILL REVITALIZATION)
(10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the legal advice from
the City Solicitor that is subject to solicitor-client privilege, including
communications necessary for that purpose regarding Thornhill Revitalization be
received.
CARRIED
(Councillor
Valerie Burke abstained due to conflict)
Councillor
Valerie Burke disclosed an interest and did not participate in the discussion
of or vote on this matter.
Moved by Councillor
Colin Campbell
Seconded by Councillor
Howard Shore
2) That New/Other Business
Item No. 4 providing information for the meetings being held on July 9, 2013 regarding
Thornhill Revitalization be received.
(See New/Other Business Item No. 4 for more information)
CARRIED
(Councillor
Valerie Burke abstained due to conflict)
Councillor
Valerie Burke disclosed an interest and did not participate in the discussion
of or vote on this matter.
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
That By-law 2013-134
be given three readings and enacted.
Three Readings
BY-LAW 2013-134 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE
26, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 9:19 p.m.
CARRIED
_________________________________ _______________________________
KIMBERLEY
KITTERINGHAM FRANK
SCARPITTI
CITY CLERK MAYOR
(Signed)