COUNCIL MINUTES
January
29 and 30, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 2
Alternate
formats for this document are available upon request
ATTENDANCE FOR JANUARY 29, 2013, 7:08 P.M. TO
JANUARY 30, 2013, 3:31 A.M.
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
Jim Baird, Commissioner of
Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Joel Lustig, Treasurer
John Wong, Technology
Support Specialist
Mark Visser, Senior Manager, Financial Strategy & Investments
Dennis Flaherty, Director of Communications and Community Relations
Don Taylor,
Manager of Executive Operations
Bill Snowball,
Fire Chief
Laurie Rose,
Chief of Staff
Martha Pettit, Acting City
Clerk
Stephen Huycke, Acting
Deputy Clerk
Alida Tari,
Council/Committee Coordinator
The regular
meeting of Council convened at 7:08 p.m. on January 29, 2013 in the Council
Chamber. Mayor Frank Scarpitti presided. Deputy Mayor Jack Heath presided during 2:04
a.m. and 2:09 a.m. on January 30, 2013.
At 11:48 p.m.
on January 29, 2013, Council passed a motion to waive Section 3.28 of
Procedural By-law 2001-1 allowing the meeting to continue further than 12:01
a.m. on January 30, 2013. The motion
moved by Councillor Alex Chiu and Councillor Colin Campbell was carried by a two-thirds
vote of the Members present.
At 3:31 a.m.
on January 30, 2013, Council passed a motion to recess the meeting and to
reconvene the meeting at 10:30 a.m. on January 30, 2013. The motion moved by Councillor Carolina
Moretti and seconded by Councillor Howard Shore was carried by a two-thirds
vote of the Members present.
ATTENDANCE FOR JANUARY 30, 2013, 10:30 A.M.
to 11:59 A.M.
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 Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.
REGRETS
Councillor Colin
Campbell.
STAFF
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Trinela Cane, Commissioner
of Corporate Services
Joel Lustig, Treasurer
Alida Tari,
Council/Committee Coordinator
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of Communications and Community Relations
Rino Mostacci,
Director of Planning and Urban Design
Martha Pettit, Acting City
Clerk
Alida Tari, Council and
Committee Coordinator
The meeting re-convened
at 10:37 a.m. on January 30, 2013 in the Council Chamber. Deputy Mayor Jack Heath presided from 10:37
a.m. to 11:11 a.m. Deputy Mayor Jack
Heath vacated the chair at 11:12 a.m. and Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
disclosed.
2. MINUTES
(1) COUNCIL MINUTES
– DECEMBER 13, 2012, DECEMBER 18, 2012 AND
JANUARY 21, 2013
Dec
13 Dec
18 Jan
21
Moved by
Councillor Alex Chiu
Seconded by Councillor
Alan Ho
1) That the Minutes of the
Council Meetings held on December 13, 2012, December 18, 2012 and January 21,
2013, be adopted.
CARRIED
3. PRESENTATIONS
(1) INTERNATIONAL HOLOCAUST
REMEMBRANCE DAY
- JANUARY 27, 2013 (3.4)
Elin
Beaumont, Outreach and Communications Manager, Holocaust Survivor Memoirs
Program from the Azrieli Foundation, provided a presentation on the importance
of International Holocaust Remembrance Day.
A short film based on the book about local resident and Holocaust survivor
Felix Opatowski was displayed, followed by the 88-year-old author presenting a
copy of his book, “Gatehouse to Hell” to Mayor Frank Scarpitti.
(See Proclamation Item No.
1)
4. DELEGATIONS
Council
consented to hear Delegation Nos. 1 to 3 as listed below.
(1) DELEGATION
- GENTHORN DEVELOPMENTS INC, 5 HILLCROFT DRIVE (10.5)
- Mohamed Ladha addressed
Council and spoke of his concerns for the subject application.
Moved by Councillor Alex Chiu
Seconded by Councillor Logan Kanapathi
That Council consider the matter for Genthorn Developments Inc, 5
Hillcroft Drive, immediately following the delegation with respect thereto.
(See New/Other Business No. 1 for Council's decision on this matter)
CARRIED
(2) DELEGATION
- STIVER MILL PRESERVATION (16.34)
- Ann Laxton, President of the Unionville Historical Society, addressed
Council and spoke in favour of the silver colour for the Stiver Mill cladding as
she believes the presence of red paint is the result of primer being used prior
to painting.
(See Report No. 3, Item No. 3 for Council
decision on this matter)
(3) DELEGATIONS REGARDING:
- MOTION NO. 1:
RESCIND THE FINANCIAL FRAMEWORK FOR THE PROPOSED GTA SPORTS, ENTERTAINMENT AND
CULTURAL CENTRE)(6.0)
- MOTION NO. 2
COMPLETE THE MARKHAM LIVE VISION & UPDATE THE DOWNTOWN MARKHAM CENTRE
SECONDARY PLAN (10.0)
- NEW/OTHER BUSINESS NO. 2
SITE PLAN CONTROL APPLICATION FOR MARKHAM SPORTS, ENTERTAINMENT AND
CULTURAL CENTRE (10.6)
Presentation
Andy Taylor,
Chief Administrative Officer, provided a brief PowerPoint presentation for the
Markham Sports, Entertainment and Cultural Centre.
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive the delegations as listed below:
1. Paul
Kelly, Jackson Lewis, LLP - Spoke in support of the City of Markham pursuing the Markham Sports,
Entertainment and Cultural Centre.
2. Randy
Pettigrew, The Remington Group - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
3. Kurt Christensen – Spoke in support of the
Markham Sports, Entertainment and Cultural Centre.
4. Ken Ng,
FCCM/CCCM/Taste of Asia - Spoke in support of the City of Markham pursuing the Markham Sports,
Entertainment and Cultural Centre.
5. Bal Sharma, Markham
resident - Spoke in support of the City of Markham pursuing the Markham
Sports, Entertainment and Cultural Centre.
6. Aaron Madar, Toronto
Trillium Lions Club - Spoke in support of the City of Markham pursuing
the Markham Sports, Entertainment and Cultural Centre.
7. Owen Macri, on behalf
of Paul Calandra, MP, Oakridge-Markham - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
8. Marilyn
Ginsburg, on behalf of Grandview Area Residents Association - Spoke in support
of rescinding the financial framework for Markham
Sports, Entertainment and Cultural Centre.
9. Toinette Bezant, on
behalf of Bayview Glen Residents - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
10. Karen Rea, Markham
Village City Ratepayers - Spoke in support of rescinding
the financial framework for Markham Sports, Entertainment and Cultural Centre.
11. Annette Cacorovski - Spoke
in support of rescinding the financial framework for
Markham Sports, Entertainment and Cultural Centre.
12. Evelin Ellison – Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
13. Stephen Kotyck – Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre.
14. Brenda Andress – Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
15. Grace
Sonoda – Spoke in support of rescinding the
financial framework for Markham Sports, Entertainment and Cultural Centre.
16. Rose
Mittelholzer – Spoke in opposition to the City of Markham pursuing Markham
Sports, Entertainment and Cultural Centre.
17. Bil Trainor - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
18. Marg Ferguson – Spoke in
opposition to the City of Markham funding the Markham Sports, Entertainment and
Cultural Centre, and not in opposition to the City pursuing the centre.
19. Donna Bush - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
20. Barbara Sampson - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
21. Mike Gannon, representing Unionville
Ratepayers Group – Spoke in support of rescinding the financial
framework for Markham Sports, Entertainment and Cultural Centre.
22. Robert Mok - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
23. Joyce Ramer - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
24. Ahsan Irfan - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
25. Norman Manara - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
26. John Chiu – Spoke in opposition to
publicly funding Markham Sports, Entertainment and Cultural Centre.
27. Sumeet Tandon – Not in attendance when
name was called.
28. Lorne Mccool – Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
29. Jean Chiu - Spoke in opposition to
publicly funding Markham Sports, Entertainment and Cultural Centre.
30. Terry Gibson, on behalf of his father
John Gibson, Markham resident who was not able to attend in person - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
31. RT Sangani - Spoke in opposition to
publicly funding Markham Sports, Entertainment and Cultural Centre.
32. Tom Chan - Spoke in opposition to
publicly funding Markham Sports, Entertainment and Cultural Centre.
33. Patrick O'Hanlon, Angus Glen Development
Ltd. – Spoke
in support of the City of Markham pursuing the Markham Sports, Entertainment
and Cultural Centre.
34. Nick Zarafonitis, The School Restaurant –
Spoke in
support of the City of Markham pursuing the Markham Sports, Entertainment and
Cultural Centre.
35. Mohamed Maherali - Not
in attendance when name was called.
36. Shafique Malik - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
37. Daniel Elmalem - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
38. Bhupen Karia - Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre.
39. Patrick Regina, Hilton Suites Hotel - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
40. Jim Kwan - Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre.
41. Gin
Siow - Not in attendance when name was called.
42. Wayne Sonoda - Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre. (Grace
Sonoda read the delegation on behalf of Wayne Sonoda)
43. Marco
Filice, representing Liberty Development Corporation - Spoke in support of the City of Markham
pursuing the Markham Sports, Entertainment and Cultural Centre.
44. Eileen Liasi, German
Mills Residents' Association - Spoke in support of rescinding the financial
framework for Markham Sports, Entertainment and Cultural Centre.
45. Elisabeth Tan - Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre.
46. Bill O'Donnell - Not in
attendance when name was called.
47. Meg Stokes - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
48. Gary Tehara - Not in
attendance when name was called.
49. Daisy Wau, Ad2000 and Beyond Advertising
Inc. - Not in attendance when name was called.
50. Tupper Wheatley - Spoke in opposition to the City of
Markham pursuing Markham Sports, Entertainment and Cultural Centre.
51. Lou Bada, Greenpark Group of Companies - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
52. David Stewart, TACC Developments - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre,
provided that an NHL team is achieved.
53. Peeter Vanker - Spoke
in support of rescinding the financial framework for
Markham Sports, Entertainment and Cultural Centre.
54. Ashok Joshi - Not in attendance when name
was called.
55. Ray Menzies - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
56. Sandra McEleney - Not in attendance when
name was called.
57. Dean Rajwani – Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
58. Bruce Barrow - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
59. Loris Rossi - Not in attendance when name
was called.
60. Rob Kadlovski, Central Counties Tourism -
Spoke in
support of the City of Markham pursuing the Markham Sports, Entertainment and
Cultural Centre.
61. Jason Kaptyn, Sheraton Parkway Toronto
North Hotel - Spoke
in support of the City of Markham pursuing the Markham Sports, Entertainment
and Cultural Centre.
62. Philip Wong, Gibson Community Centre - Not
in attendance when name was called.
63. Stephen Chan, Dapasoft
Inc. - Not in attendance when name was called.
64. Graham
Dewar - Not in attendance when name was called.
65. Harold Kersey, Mady Development Corp. - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
66. John Quinn - Not in
attendance when name was called.
67. Lenx Revilien - Not in attendance when
name was called.
68. Samir Sa’D – Spoke in opposition to rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
69. Shakir Rehmatullah, Flato Developments - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
70. Sam Wadera, Second Cup - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
71. Harpreet Bal, HomeLife Superstars Real
Estate - Spoke
in support of the City of Markham pursuing the Markham Sports, Entertainment
and Cultural Centre.
72. Ahmad Khawaja, Markham-Unionville Young
Liberals - Not in attendance when name was called.
73. Joyce Deutsch - Spoke in support of rescinding the financial framework for Markham Sports, Entertainment
and Cultural Centre.
74. Davide Pellegrini, Countrywide Homes - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
75. Bhulesh Lodhia, JM Hospitality Group - Not
in attendance when name was called.
76. Mohammed Rahman, President, Rouge River
Residents' Association - Spoke in opposition to the City of Markham pursuing Markham Sports,
Entertainment and Cultural Centre.
77. Amanda Collucci, ACCE – Not in attendance
when name was called.
78. Charles Jiang, Federation of Canadian Chinese
Association - Spoke
in support of the City of Markham pursuing the Markham Sports, Entertainment
and Cultural Centre.
79. Carmel Marina - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
80. Cosimo Crupi, D. Crupi & Sons Ltd. - Spoke in support of the City of
Markham pursuing the Markham Sports, Entertainment and Cultural Centre.
81. David Black, Monopoly Property Management
- Spoke in
support of the City of Markham pursuing the Markham Sports, Entertainment and
Cultural Centre.
82. Kenny Wong, Richmond Hill/Markham Chinese
Business Association - Spoke in support of the City of Markham pursuing the Markham Sports,
Entertainment and Cultural Centre.
83. Peter Counti, new Markham resident – Provided
comments.
CARRIED
(See following to consider the matter)
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider the following items immediately following the delegations with
respect there to:
- Motion No. 1 titled "Rescind the
Financial Framework for the Proposed GTA Sports, Entertainment and Cultural
Centre".
- Motion No. 2 titled "Complete the
Markham Live Vision & Update the Downtown Markham Centre Secondary
Plan."
- New/Other Business No. 2 titled "Application
for Site Plan Control Approval, GTA Centre L.P. on behalf of The Remington
Group".
(See
Motion Nos. 1 & 2, and New/Other Business No. 2 for Council's decision on
these items)
CARRIED
5. PETITIONS
There were no
petitions considered.
6(A) REPORT NO. 1 - GENERAL COMMITTEE (November
19, 2012)
(1) 2013
OPERATING BUDGET (7.4)
Nov19GCReport
Jan29CouncilReport
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
That
Report No. 1 – General Committee comprised of 1 item be received and adopted.
1) That the report dated November 19, 2012 entitled “2013 Operating
Budget” and the report dated January 29, 2013 entitled “2013 Operating Budget –
Supplementary Report” be received; and,
2) That
Council approve a 1.0% tax rate increase to the City’s tax levy; and,
3) That
Council approve an additional 0.5% tax rate increase for infrastructure to fund
an extraordinary item, the Emerald Ash Borer (EAB) infestation; and,
4) That
Council approve the establishment of an interest bearing infrastructure reserve
fund for the Emerald Ash Borer program; and,
5) That
Council approve the 2013 Operating budget for City services totalling
$180,795,409 (excluding the 2012 surplus) which includes a 1.5% tax rate
increase over 2012 ($171,553,698) of which the principal components are detailed
in Appendix 1; and,
6) That
the gross operating expenditures of $180,795,409, (excluding the 2012 surplus)
be funded from the following sources:
Revenue 2013
Budget $
Taxation Levies 124,765,727
Grants-in-lieu of Taxes 1,209,007
Grant & Subsidy Revenue 1,546,994
General Revenues (Investment Income,
Fines, Permits, Interest & Penalties) 26,393,689
User Fees & Services Charges
(User Fees, Rentals, Sales) 22,281,315
Other Income/Recoveries 4,598,677
Total Revenues 180,795,409
; and,
7) That
Council approve the 2013 Planning & Design Operating Budget totalling
$8,407,168, (excluding the 2012 surplus/deficit), the principal components of
which are detailed in Appendix 2; and,
8) That
Council approve the 2013 Engineering Operating Budget totalling $6,467,026,
(excluding the 2012 surplus/deficit), the principal components of which are
detailed in Appendix 3; and,
9) That
Council approve the 2013 Building Standards Operating Budget totalling
$9,026,380, (excluding the 2012 surplus/deficit), the principal components of
which are detailed in Appendix 4; and,
10) That
upon finalization of the 2012 audited financial statements, the 2013 Operating,
Planning & Design, Engineering and Building Standards Operating Budgets be
adjusted to reflect the 2012 operating results; and,
11) That
a copy of the budget document be made available to the public through the
Clerk’s Department, the City’s website and each of the Markham Public
Libraries; and,
12) That
the “Additional Financial Disclosure Requirements Pursuant to Ontario
Regulation 284/09” be received for information purposes; and,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (9:1)
(See following recorded vote)
YEAS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord
Landon, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don
Hamilton, Councillor Carolina Moretti, Councillor Alan Ho, Councillor Logan
Kanapathi. (9)
NAYS: Regional
Councillor Joe Li. (1)
ABSENT: Mayor
Frank Scarpitti, Councillor Colin Campbell, Councillor Alex Chiu. (3)
6(B) REPORT NO. 2 - GENERAL COMMITTEE (January
21, 2013)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
That Report
No. 2 – General Committee comprised of 3 items be received and adopted.
Minutes Appendix
A Memo
1) That
Council endorse the resolution made at the May 28, 2012 Markham Theatre
Advisory Board meeting:
“That
the revised Theatre Advisory Board Terms of Reference be approved as shown in
Appendix “A” attached hereto.”
CARRIED
(2) 013-S-13
SUPPLY OF FIRE DEPARTMENT APPARATUS (7.12)
Report
1) That the report entitled “013-S-13 2013 Supply of Fire Department
Apparatus” be received; and,
2) That the supply of three (3) Pumper apparatus be awarded to Safetek
Emergency Vehicles in the amount of $577,652.85 each in US dollars ($567,774.99
each in CAD dollars), totaling $1,732,958.55 in US dollars ($1,703,324.96 CAD
dollars) inclusive of HST; and,
3) That the supply of an Aerial apparatus be awarded to Safetek
Emergency Vehicles in the amount of $927,918.91 in US dollars ($912,051.50 each
in CAD dollars) inclusive of HST; and,
4) That authority to approve the expenditure to equip the three (3)
Pumper apparatus and one (1) Aerial apparatus in the amount of $225,000.00 be
provided to the Director of Operations (or his designate) or the Fire Chief (or
his designate) as per the limits in accordance to the Expenditure Control
Policy; and,
5) That the funds for the award are provided from account
057-6150-13402-005 “Corporate Fleet Replacement-Fire” in the amount of
$2,840,376.46 CAD dollars; and,
6) That the remaining funds in account 057-6150-13402-005 “Corporate
Fleet Replacement-Fire” in the amount of $622,823.54 in CAD dollars be returned
to the original funding source; and,
7) That the tender process be waived in accordance with purchasing
By-Law 2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (e)
which states “Where the City is acquiring specialized equipment, in which case
the sources of supply may be identified based on technical specifications
prepared by the User Department staff, the Manager of Purchasing may negotiate
purchases based on such specifications in consultation with the User
Department;” and,
8) That vehicles 9871 (2003 model year), 9881 (1998 model year), 9836
(2002 model year) and one of 911, 961 or 971 (2003 model year) will be disposed
of in accordance with Purchasing By-Law 2004-341, Part V, Disposal of Personal
Property and the proceeds be posted to account 890-890-9305 “Proceeds of
Sale-Other F/A” upon placing the new apparatus into service; and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(3) DEVELOPMENT
CHARGE BY-LAW UPDATE (7.11)
Presentation
1) That
Council endorse the following policies as a basis in the preparation of the
Development Charges Background Study:
1. That
the cost of
oversizing sanitary sewers be funded 100% from development charges; and,
2. That
the by-laws be amended to allow for rate increases only; and,
3. That
development charges
be calculated using the rates in effect at building permit issuance; and,
4. That
staff include other
service levels in development charge recoveries, including
but not limited to, Parking services; and,
5. That 12 month deferrals
be made available to high-rise and mixed use
developments in the ratio 30%/35%/35% ; and,
6. That the policy of
applying a differentiated rate for the non-residential portion of mixed-use
developments be continued; and,
7. That a policy be
adopted to defer development charges for facilities owned and operated by a
non-profit organization that meet City specifications; and,
8. That the industrial
exemption for the expansion of up to 50% of a structure be broadened to include
office buildings; and,
9. That the City institute
one apartment rate for large and small apartments to incent the construction of
larger units; and,
10. That a policy be adopted
to apply the average non-residential rates (Retail : Industrial/Office) to
non-residential structures where no information on tenancy is available; and,
11. That a policy be adopted
to close the reserve accounts of inactive Area Specific by-laws and transfer
the net balance to the City Wide hard reserve at every by-law review; and,
12. That the current policy
of funding a maximum of 25% of the cost of local bridges that have a city wide benefit from the City Wide
Hard reserves be continued; and,
13. That all Public works
capital infrastructure, for soft services be funded 100% from Development
Charges; and,
14. That enhanced
streetscaping on internal roads within a plan of subdivision or abutting site
plan be treated as 100% local cost; and further,
15. That the 4th
lane of a road in a residential subdivision be funded 100% from the City Wide
Hard reserves and 3 lanes or less in a residential subdivision be funded 100%
by the local developer; and,
2) That the Area Specific
Development Charges (ASDC) By-laws are not consolidated and that the City
continue with the current ASDC methodology for the 2013 update of the by-laws:
- Consolidate ASDCs
where possible.
- Transfer the
responsibility for the construction of some ASDC infrastructure to the
developers group where possible; and further,
3) That
the City adopt the Alternate Methodology for calculating the Soft Services
Charge as follows:
- Library Services and Indoor Recreation -
Population and Households
- Park Development - Population and
Households
- Fire Service and Public Works - Household
and Employment
CARRIED
Note: Resolution Nos. 1 and 2
are from the January 21, 2013 General Committee meeting. Resolution No. 3 is from January 28, 2013
General Committee meeting.
6(C) REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE
(January 22, 2013)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Alan Ho
That Report
No. 3 – Development Services Committee comprised of 6 items be received and
adopted.
(1) METROLINX - BIG MOVE UPDATE (5.0)
Presentation Draft
Resolution
1) That
the presentation provided by Mr. Alan Brown, Director of Engineering entitled
"Metrolinx - Big Move Update" be received; and,
2) That Metrolinx be requested to deliver a more specific and
timely transit implementation and funding strategy that provides the necessary
transit infrastructure to accommodate growth to 2031: and,
3) That staff work with Region of York and Metrolinx to provide
an updated transit plan to accommodate growth to 2031; and,
4) That staff report back following discussions with York
Region as to opportunities to advance the design of the Yonge Subway; and,
5) That Bruce McCuaig, President and C.E.O., Metrolinx, and
Bill Fisch, York Regional Chair be advised accordingly, and,
6) That the Transportation Demand Management (TDM) program
continue; and further,
7) That
Mayor Frank Scarpitti send a letter with this resolution to the leaders of the
Liberal, Conservative, and New Democrat Parties at the Provincial and Federal
levels, and Markham MPs and MPP.
CARRIED
(2) MAIN STREET UNIONVILLE
PRECINCT MASTER PLAN (10.0)
Draft
Resolution Precinct
Plan Proposal
1) That
the Main Street Unionville Precinct Master Plan study proposal submitted by
Torti Gallas and Partners Inc., and sub-consultants, dated January 16, 2013, be
received; and,
2) That
Council authorizes the Main Street Unionville Precinct Master Plan study, at an
upset limit not to exceed $250,000, subject to the study proceeding in four (4)
stages as outlined in the proposal, and with provision for the CAO and the
Commissioner of Development Services to pre-authorize advancement to each stage
of the study, and to release payments to the consultants on a pro-rata basis
upon completion of each respective stage, having regard to the schedule on page
33 of the proposal; and,
3) That
the RFP process be waived in accordance with Purchasing By-law 2004-341, Part
II, Section (h) – where it is necessary or in the best interest of the City to
acquire non-standard items or Consulting and Professional Services from a
preferred supplier or from a supplier who has a proven track record with the
City in terms of pricing, quality and service; and,
4) That
the lead consultant, enter into a standard form of consultant contract with the
City of Markham; and,
5) That
all consultant expenses, including disbursements and travel costs, and
attendance at all required presentations
and meetings with Council, Committees of Council, Study Working Group,
and Public Agencies, as required to see the study through to completion and
acceptance by Council, shall be included in the upset limit of $250,000; and,
6) That a new 2013 capital project be created for the Main Street
Unionville Precinct Master Plan to an upset limit of $250,000 inclusive of HST;
and,
7) That
the project be funded from the Development Charges Reserve ($225,000 or 90%)
and the Development Fee Reserve ($25,000 or 10%); and further,
8) That
staff report back to Committee with Terms of Reference for a Main Street
Unionville Committee, to be comprised of representatives of Council, the UBIA,
and area Ratepayer and Heritage Groups, to operate as a Working Group to guide
the study process and to make recommendations to Development Services Committee
and Council regarding the Master Plan study and its implementation.
CARRIED
(3) UNIONVILLE STIVER MILL PRESERVATION
ADVISORY COMMITTEE MINUTES
- December 12, 2012 (16.34)
Minutes Terms
of Reference Jan
17 - Extract
1) That
the deputations by Bob Stiver and Jeanne Ker-Hornell, both of the Unionville
Village Conservancy, be received; and,
2) That
the minutes of the Unionville Stiver Mill Preservation Advisory Committee
meeting held on December 12, 2012, be received for information purposes; and,
3) That
the following recommendation from the December 12, 2012 Unionville Stiver Mill
Preservation Advisory Committee meeting be endorsed:
"That the Terms of Reference of the Unionville Stiver Mill
Preservation Advisory Committee attached as Appendix A, be approved.";
and,
4) That
the following recommendation from the January 17, 2013 Unionville Stiver Mill
Preservation Advisory Committee meeting be endorsed:
"That
in light of the new evidence provided, the Unionville Stiver Mill Preservation
Advisory Committee recommends that the "silver" colour for the Stiver
Mill cladding approved by the Committee on December 12, 2012 be replaced with
the colour "red with a shade to be determined between Heritage Staff and
the Architect".; and further,
5) That
any replacement cladding should be a metal product replicating the existing
materials in profile, shape, and texture, and its placement should replicate
the historical/original direction of the siding (the building has both vertical
and horizontal components).
CARRIED
(4) HERITAGE DESIGNATION BY-LAW AMENDMENTS
LEGAL DESCRIPTIONS (16.11)
Report
1) That
the staff report entitled “Heritage Designation By-law Amendments, Legal
Descriptions”, dated January 22, 2013, be received; and,
2) That
the heritage designation by-laws on the following municipal property addresses
be amended to reflect their current legal descriptions:
a. 33 Artisan Trail (formerly 10372 Woodbine Ave)
b. 37 Artisan Trail (formerly 10271 Woodbine Ave)
c. 39 Artisan Trail (formerly 10327 Woodbine Ave)
d. 7 Bewell Drive (formerly 7449 Ninth Line)
e. 15 Bewell Drive (formerly 7447 Ninth Line)
f.
819 Bur Oak
(formerly 9483 McCowan Road)
g. 2665 Bur Oak Ave (formerly 7006 16th Ave)
h. 17 Campus Close (formerly 10521 Woodbine Ave)
i.
43 Castleview
Cres (formerly 10077 Woodbine Ave)
j.
18 Cecil Nichols
Drive (formerly 10519 Woodbine Ave)
k. 60 Dame Gruev (formerly 6297 Major Mackenzie Dr)
l.
226 Edward
Jefferys (formerly 9462 Hwy 48)
m. 8 Greenhollow Court (formerly 9516 Ninth Line)
n. 11 Heritage Corners Lane (formerly 9251 Hwy 48)
o. 9899 Hwy 48
p. 1 Kalvinster Drive (formerly 6937 Hwy 7)
q. 70 Karachi Drive (formerly 7555 Markham Road)
r. 10000 Kennedy Road (formerly 9994 Kennedy Road)
s. 20 Mackenzie’s Stand Avenue (formerly 8083 Warden Ave)
t.
60 Maple Park Way
(formerly 4438 Fourteenth Ave)
u. 73 Old Kennedy Road
v. 28 Pike Lane (formerly 9451 Ninth Line)
w. 11 Tannis St (formerly 9765-67 Kennedy Rd)
x. 99 Thoroughbred Way (formerly 9721 Kennedy Rd)
y. 527 William Forster Rd (formerly 8882 Reesor Rd)
z. 8 Wismer Place (formerly 10391 Woodbine Ave)
aa. 99 YMCA Blvd (formerly 7796-7798 Kennedy Rd); and,
3) That
notice of the proposed amendments be given to the property owners in accordance
with the Ontario Heritage Act; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(5) REQUEST FOR DEMOLITION
9 ALBERT ST. MARKHAM VILLAGE
(16.11)
Report
1) That
the report titled “Request for Demolition, 9 Albert St. Markham Village” dated
January 22, 2013 be received; and,
2) That
Council endorse the demolition of the non-heritage detached garage at 9 Albert
St. within the Markham Village Heritage Conservation District; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
(6) INFORMATION REPORT
PROPOSED AMENDMENT 2 TO THE
GROWTH PLAN FOR THE GREATER
GOLDEN HORSESHOE
2006 – POPULATION AND
EMPLOYMENT FORECASTS
POLICIES AND IMPLEMENTATION
(2012) (10.0)
Report
1) That
the Information Report: Proposed Amendment 2 to the Growth Plan for the Greater
Golden Horseshoe, 2006 – Population and Employment Forecasts Policies and
Implementation (2012), be received; and,
2) That
the Minister of Infrastructure be advised that future growth must be supported
by the necessary Provincial investment in transit infrastructure; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
6(D) REPORT NO. 4 - GENERAL COMMITTEE (January
28, 2013)
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Logan Kanapathi
That Report
No. 4 – General Committee comprised of 2 items be received and adopted.
(1) TOWN CENTRE BOULEVARD
STREETLIGHT REPLACEMENT
- PURCHASE ORDER ADJUSTMENT
REQUEST (7.0)
Report
1) That the report entitled “Town Centre Boulevard Streetlight
Replacement – Purchase Order Adjustment Request” be received; and,
2) That Purchase Order PD 12282 issued to
Fellmore Electric for contract 188-T-12 Town Centre Boulevard Streetlight
Replacement be increased by $237,076 from $352,313 to $589,389
inclusive of HST, to cover the
additional works due to revised streetlight poles and luminaires design; and,
3) That Purchase Order PD 10097 issued to
Lumentec Engineers Inc. for contract 036-Q-10 Town Centre Boulevard
Illumination, Consulting, Design and Contract Administration Services be
increased by $16,180 from $45,792 to
$61,972 inclusive of HST, to cover revisions
to streetlight pole and luminaires design and additional contract
administration services required; and,
4) That the funding shortfall of $153,256 inclusive of HST, to complete the
additional work be funded from the Life Cycle Replacement and Capital Reserve; and
further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED
(2) NORTH AMERICAN SOCIETY OF
TRENCHLESS TECHNOLOGY (NASTT)
NO-DIG 2013 CONFERENCE &
EXHIBITION
ON MARCH 3-7, 2013 IN
SACRAMENTO, CALIFORNIA, USA (11.12)
Report
1) That
authorization be granted for Ernie Ting, Manager of Infrastructure, Waterworks
and Councillor Alex Chiu to attend the North American Society of Trenchless
Technology’s (NASTT) No-Dig 2013 Conference and Exhibition on March 3-7, 2013
in Sacramento, California; and,
2) That
Waterworks staff and Councillor expenses be paid in accordance to Town’s Policy
from the 2012 Operating Budget account #760-998-5200; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED
7. MOTIONS
(1) RESCIND
THE FINANCIAL FRAMEWORK FOR THE
PROPOSED GTA SPORTS,
ENTERTAINMENT AND CULTURAL CENTRE (6.0)
A lengthy
discussion ensued.
Moved by Councillor
Colin Campbell
Seconded by Councillor
Valerie Burke
Whereas the City of
Markham at the request of GTA Sports, Entertainment and Cultural Centre, has
developed a Financial Framework for the proposed Markham, Sports, Entertainment
and Cultural Centre; and,
Whereas this proposed
financial framework has been subject to considerable study and feedback by all
stakeholders; and,
Whereas the present
financial framework model is not in the best interest of the City; and,
Now therefore be it resolved:
1) That the
previous approval of the draft financial framework on April 26th,
2012 for the GTA Centre project be rescinded, and,
2) That the
City of Markham have no participation in the financing of the GTA Centre
(MSECC) project, and,
3) That all
work and negotiations on operating and cost-sharing agreements related to the
GTA Centre project be terminated, and further,
4) That the GTA
Sports and Entertainment Centre consortium be advised it may continue to pursue
site plan approval at its sole discretion, cost and risk.
MOTION LOST BY A RECORDED VOTE (6:7)
(See following recorded vote)
(See following to consider the matter)
YEAS: Deputy
Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li,
Councillor Valerie Burke, Councillor Don Hamilton, Councillor Colin Campbell.
(6)
NAYS: Mayor
Frank Scarpitti, Regional Councillor Gord Landon, Councillor Howard Shore,
Councillor Carolina Moretti, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu. (7)
Motion to consider the matter:
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider Motion No. 1 titled "Rescind the Financial Framework for
the Proposed GTA Sports, Entertainment and Cultural Centre" immediately
following the delegations with respect thereto.
CARRIED
Note: The
notice of this motion was given to Council at its meeting held on November 20,
2012. It was the consensus of Council to
consider the motion at a Council meeting in January 2013.
(2) COMPLETE
THE MARKHAM LIVE VISION &
UPDATE THE DOWNTOWN MARKHAM
CENTRE SECONDARY PLAN (10.0)
A lengthy
discussion ensued.
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Jim Jones
Motion:
That site plan approval
for the GTA Centre be deferred pending the outcome of a Secondary Planning
process for the lands east of Tributary #4, south of the Rouge River Valley,
east to Kennedy Road and north of 407 Highway.
Whereas
planning and development within the area (lands south of the Rouge River, commonly called Downtown Markham
and including approximately 125 acres around the Metrolinx hub commonly called
Markham Live, boundaries Kennedy Road on the East, Tributary #4 on the west and
407 Highway on the south) in
Markham Centre has been proceeding on a site by site basis rather than in
accordance with an overall integrated strategy, and,
Whereas
a comprehensive vision and plan is needed to shape and guide development in the
area rather than allowing individual development applications to drive the
plan; and
Whereas
the area's public realm, streetscape, transportation and transit infrastructure
are being adversely affected by uncoordinated development; and,
Now therefore be it resolved:
1) That staff be directed to report back to Development
Services Committee by February 2013 on the
visioning and planning for a new draft updated secondary plan done with total
public participation; and,
2) That the City leads the visioning exercise and planning
process and not the landowners.
CARRIED AS AMENDED BY A UNANIMOUS RECORDED VOTE (13:0)
(See
following to amend)
(See
following to consider the matter)
For record purposes, the
following Resolution Nos. 1 to 4 was proposed to Council:
1) That the GTA Centre site plan is deferred until completion
of a comprehensive plan and policies for the area with public input and
participation; and,
2) That the visioning and planning for a
new draft updated secondary plan done with total public participation; and,
3) That the City leads the visioning exercise and planning process
and not developer driven; and further,
4) That the consortium be advised it may continue to pursue
site plan approval at its' sole discretion, cost and risk.
Council consented to amend the
above proposed Resolution Nos. 1 to 4 as follows:
Resolution No. 1 – Lost by a
recorded vote
"1) That the GTA Centre site plan is deferred
until completion of a comprehensive plan and policies for the area with public
input and participation;"
MOTION
LOST BY A RECORDED VOTE (5:8)
(See
following recorded vote)
YEAS: Regional
Councillor Jim Jones, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor
Don Hamilton, Councillor Colin Campbell. (5)
NAYS: Mayor
Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon,
Councillor Howard Shore, Councillor Carolina Moretti, Councillor Alan Ho,
Councillor Logan Kanapathi, Councillor Alex Chiu. (8)
Resolution Nos. 2 and 3 – Carried
as amended by a recorded vote
Moved
by Regional Councillor Joe Li
Seconded
by Regional Councillor Jim Jones
That the following proposed Resolution Nos. 2
and 3 be deleted:
"2) That the
visioning and planning for a new draft updated secondary plan done with total
public participation; and,
3) That the City leads the visioning exercise and planning process
and not developer driven;"
and replaced with the following
as Resolution Nos. 1 and 2:
"1) That staff be directed to report back to
Development Services Committee by February 2013 on the
visioning and planning for a new draft updated secondary plan done with total
public participation; and,
2) That the City leads the visioning exercise and planning
process and not the landowners."
CARRIED
AS AMENDED BY A UNANIMOUS RECORDED VOTE (13.0)
(See following recorded vote)
YEAS: 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.
Resolution No. 4 – Council
consented to delete:
"4) That the consortium be advised it may continue to pursue site
plan approval at its' sole discretion, cost and risk."
Motion to consider the matter:
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider Motion No. 2 titled "Complete the Markham Live Vision
& Update the Downtown Markham Centre Secondary Plan" immediately
following the delegations with respect thereto.
CARRIED
Note: The
notice of this motion was given to Council at its meeting held on November 20,
2012. It was the consensus of Council to
consider the motion at a Council meeting in January 2013.
8. NOTICES OF MOTIONS
(1) MADE
ALL REPORTS RELATED TO THE GTA ARENA PUBLIC (6.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
Whereas
a number of reports pertaining to the proposed GTA Centre arena were
commissioned by the City without Council's knowledge or authorization; and,
Whereas
these reports continue to be withheld from Markham taxpayers; and,
Whereas
the release of these reports would not expose proprietary information or
divulge matters that warrant them being kept secret; and,
Now
therefore be it resolved:
1) That all such reports
and related documentation be immediately released to the public, including those
authored by:
1. Miller Thomson Slide Deck – Markham
Live – Jan 24, 2011
2. KPMG Reports
a. Markham
Sports Entertainment and Cultural Centre Project Highlights
b. Assisting
the Town of Markham in Pursuing a Sports and Entertainment Facility as a
Public-Private Partnership
3. Weir Foulds – Client-Privileged
Communications
a. Assisting the Mayor and Town Staff how
to make this a Municipal Capital Facility
b. Memorandum – How the potential Centre
transaction might be structure
4. BDR – 4 page memorandum –Sensitivity
Analysis
a. Re – Model developed by the Town of
Markham regarding the possible Markham participation in “Project Live”
5. Prof Daniel Mason/Prof Brad Humphreys –
A review
a. New Arena Development in Markham
6. Town of Markham – Economic Opportunity
- Stephen Chait
a. Exploratory Economic Impact Analysis of
a Major Sports/Event Arena in Markham Centre
7. Raymond James – Markham Arena
Opportunity – 40 pages
a. Mainly a slide deck presentation; and,
2) That Council be advised
of the cost, funding source(s) and authorization for the work.
Note: This
notice of motion will be listed on the February 12, 2013 Council Agenda for
consideration.
9. COMMUNICATIONS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive and consent to the disposition of Communication No. 4-2013 as outlined
below.
CARRIED
(See following to consider)
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider Communication No. 4-2013 immediately following the delegations
with respect thereto.
CARRIED
Moved by Councillor
Howard Shore
Seconded by Regional
Councillor Jim Jones
That Council
receive and consent to the disposition of Communication Nos. 1-2013 to 3-2013 as
outlined below.
CARRIED
Received
1-2013 ONTARIO
MUNICIPAL BOARD DECISION (13.13)
Letters
Summary from the City Solicitor:
This
decision relates to the Zoning By-law 2012-13 passed for the area comprised of
Hughson Drive, Lunar Crescent, Ankara Court, Polaris Drive and part of Athens
Drive, establishing new regulations to permit lot division with the area. The by-law was appealed by two homeowners who
opposed lot division and two others seeking site specific relief from the
height and sideyard setback provisions.
The appellants who opposed lot division supported the conclusions of
Meridien Planning Consultants, who had been retained by the City to study the
area and who had recommended preservation of the existing large lots, with
significant open spaces and vegetation.
The
Ontario Municipal Board found that updating the old standards for the community
was important, that permitting lot division would not necessarily increase the
number of applications for severance, that the by-law would guide future growth
and is in the public interest.
In
addition, site specific relief was requested for two properties, 12 Hughson and
11 Lunar Crescent. Firstly, the
calculation of maximum height was varied to permit renovation of attic space,
as the actual height of a dwelling is not increased, and in the other, site
specific reduction of the required 1.8m sideyards, to 1.5m was approved.
CARRIED
Referred to all Members of
Council
2-2013 LIQUOR LICENCE
APPLICATION FOR WONDER FUSION, 505 HIGHWAY 7 EAST (WARD 2) (3.21)
Info
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
Received
3-2013 MOHAMED LADHA
AND ROSA LADHA – FORWARDING COMMENTS REGARDING THE PROPOSED APPLICATION FOR GENTHORN
DEVELOPMENTS INC., 5 HILLCROFT DRIVE (10.5)
Letter
(New/Other Business Item No. 1) (By-law 2013-9)
CARRIED
4-2013 COMMUNICATIONS
RECEIVED – PROVIDING COMMENTS REGARDING MARKHAM SPORTS, ENTERTAINMENT AND
CULTURAL CENTRE (6.0)
Communications
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That Council
receive Communication No. 4-2013 as outlined below:
1. Michael
Chan, MPP, Markham-Unionville
2. John
McCallum, MP, Markham-Unionville
3. Mary
Tashos
4. Anthony
and Nelly Mazzone
5. Robert
Watson
6. Carol
Pollard
7. Azza
Gammo
8. Ray
Tawadros
9. Pearl
Sarafian
10. Eira
Keay
11. Ingrid
Hollett
12. Julieta
Montojo
13. Caterina
Crupi
14. Bill
Hollett
15. Grace
Chin
16. Tony
Hsiung
17. Keith
Thirgood
18. Carlos Diaz
19. Evelyn St. Laurent
20. Jim & Marcia Archer, Joyce & Jim
Allen, Carlos & Sue Pereia
21. Peter Kent, MP, Thornhill
22. Sameer Thaver
23. Carolyn and Bob Davison
24. Paul
Calandra, MP, Oak Ridges-Markham
25. Cosimo
Crupi
26. Mary
Brawley
27. Frank
E. Russo Jr., Senior Vice President, Business Development & Client
Relations, Global Spectrum
28. Anne
Marie DeCicco-Best, Mayor, London, Ontario 2000-2010
CARRIED
(See following to consider)
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider Communication No. 4-2013 immediately following the delegations
with respect thereto.
CARRIED
10. PROCLAMATIONS
(1) PROCLAMATION
REQUESTS (3.4)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Howard Shore
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 Holocaust Remembrance Day
(January 27, 2013)
(See Presentation Item No. 1)
- Heritage Week (February 17
to 23, 2013)
2) That the following new request for proclamation
be approved and added to the Five-Year Proclamations List approved by Council:
- Epilepsy Awareness Month (March 2013).
CARRIED
11. NEW/OTHER BUSINESS
(1) RECOMMENDATION REPORT
GENTHORN DEVELOPMENTS INC.
ZONING BY-LAW AMENDMENT
APPLICATION
TO ADD RESTAURANTS, TAKE-OUT
RESTAURANTS
AND COMMERCIAL SCHOOLS TO THE
LIST OF
PERMITTED USES AT 5 HILLCROFT
DRIVE
(ZA 11 131295) (10.5)
Report
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Gord Landon
1) That
the report dated December 11, 2012 titled “RECOMMENDATION REPORT, Genthorn
Developments Inc., Zoning By-law Amendment application to add restaurants,
take-out restaurants and commercial schools to the list of permitted uses at 5
Hillcroft Drive, File No. ZA 11 131295” be received; and,
2) That
the application (ZA 11 131295) submitted by Genthorn Developments Inc. to amend
Zoning By-law 90-81, as amended, to add restaurants, take-out restaurants and
commercial schools to the list of permitted uses at 5 Hillcroft Drive, be
approved, and the draft By-law attached as Appendix “A” be finalized and
enacted without further notice; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2013-9)
CARRIED
(See following to consider the
matter)
Moved by Councillor Alex Chiu
Seconded by Councillor Logan Kanapathi
That Council consider the matter for Genthorn Developments Inc, 5
Hillcroft Drive, immediately following the delegation with respect thereto.
(See Delegation No. 1)
CARRIED
Note: This matter was deferred from the December
18, 2012 Council meeting.
(2) RECOMMENDATION
REPORT
APPLICATION FOR SITE PLAN
CONTROL APPROVAL
GTA CENTRE L.P. ON BEHALF OF
THE REMINGTON GROUP
PROPOSED MARKHAM SPORTS,
ENTERTAINMENT
AND CULTURAL CENTRE
EAST SIDE OF TRIBUTARY 4,
SOUTH OF ENTERPRISE BOULEVARD
311 ENTERPRISE BOULEVARD,
MARKHAM CENTRE
(SC 12 124727) (10.6)
Nov20DSCExtract Nov20DSCReport
A lengthy
discussion ensued.
Moved by Councillor
Howard Shore
Seconded by Deputy
Mayor Jack Heath
1) That the Recommendation Report titled
“Application for Site Plan Control Approval, GTA Centre L.P. on behalf of The
Remington Group” be received; and,
2) That
the application for Site Plan Control Approval for the proposed Markham Sports,
Entertainment and Cultural Centre be endorsed in principle, subject to the conditions attached as
Appendix A; and,
3) That
Site Plan Control Approval be brought back to the Development Services
Committee to be issued prior to the execution of a Site Plan Agreement. Site Plan Control Approval is issued only
when the Commissioner or designate has signed the site plan; and,
4) That site plan approval is conditional
on Council approving a financial model and implementing agreements for the
funding and operation of the arena and delivery of external infrastructure
works to support the site plan application; and,
5) That staff report back to Council on
requirements and agreements related to road network improvements, event traffic
management and special transit service requirements to support programming
associated with the site plan application in consultation with Metrolinx, VIVA,
York Region and MTO; and,
6) That staff bring back a by-law to
remove the Hold (H) provisions on the subject lands upon execution of the Site
Plan Agreement and to the satisfaction of the CAO in consultation with the
Commissioner of Development Services and the City Solicitor; and further,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED BY A RECORDED VOTE (9:4)
(See following recorded vote)
(See following to amend)
(See following to consider the matter)
Recorded vote:
YEAS: Mayor Frank Scarpitti, Deputy Mayor Jack
Heath, Regional Councillor Gord Landon, Councillor Howard Shore, Councillor Don
Hamilton, Councillor Carolina Moretti, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu. (9)
NAYS: Regional
Councillor Jim Jones, Regional Councillor Joe Li, Councillor Valerie Burke,
Councillor Colin Campbell. (4)
"3) That
Site Plan Control Approval be brought back to the Development Services
Committee to be issued prior to the execution of a Site Plan Agreement. Site Plan Control Approval is issued only
when the Commissioner or designate has signed the site plan; and,
6) That staff bring back a by-law to
remove the Hold (H) provisions on the subject lands upon execution of the Site
Plan Agreement and to the satisfaction of the CAO in consultation with the
Commissioner of Development Services and the City Solicitor;"
Motion to consider the matter:
Moved
by Councillor Carolina Moretti
Seconded
by Councillor Alan Ho
That
Council consider New/Other Business No. 2 titled "Application for Site
Plan Control Approval, GTA Centre L.P. on behalf of The Remington Group"
immediately following the delegations with respect thereto.
CARRIED
(3) REVIEW
OF TAX PAYMENT PLAN OPTIONS (7.3)
Moved by Councillor
Don Hamilton
Seconded by Councillor
Carolina Moretti
1) That
staff be directed to report back to General Committee in February 2013 regarding
options for the tax payment plan and the communications tools relative to the payment
plan; and,
2) That
staff consider payment dates of February/April and July/September.
CARRIED
(2/3 Vote of
Council was obtained)
(4) ROBBIE
BURNS DAY – JANUARY 25, 2013 (12.2.6)
Council wished our Canadian-Scottish community a very happy Robbie
Burns Day.
12. BY-LAWS
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Howard Shore
That By-laws 2013-2
to 2013-9 be given three readings and enacted.
Three Readings
BY-LAW 2013-2 ROAD
DEDICATION BY-LAW (BERKSHIRE CRESCENT)
By-law
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham, Block 157, Plan 65M-4085.
CARRIED
BY-LAW 2013-3 ROAD
DEDICATION BY-LAW (MAJOR MACKENZIE DRIVE AND MARKLAND STREET)
By-law
- A by-law to dedicate certain lands as part
of the highways of the Town of Markham, Part of Lot 20, Concession 3,
designated as Part 1, Plan 65R-34002 (Major Mackenzie Drive) and Part of Lot
20, Concession 3, designated as Part 2, Plan 65R-34002 (Markland Street).
CARRIED
BY-LAW 2013-4 DOVCOM
REALTY INC. PART LOT CONTROL EXEMPTION BY-LAW FOR 65M-4233
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Blocks 46 and 47,
65M-4233, south of Major Mackenzie Drive East and west of Markham Road and east
of McCowan Road.
CARRIED
BY-LAW 2013-5 DOVCOM
REALTY INC. PART LOT CONTROL EXEMPTION BY-LAW FOR 65M-4341
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Blocks 87 to 95, 102 and
103, 65M-4341, south of Major Mackenzie Drive East and west of Markham Road and
east of McCowan Road.
CARRIED
BY-LAW 2013-6 BRIARLANE
DEVELOPMENTS INC. PART LOT CONTROL EXEMPTION BY-LAW FOR 65M-4306
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Lots 31 to 35, 46 to 55
and 134 to 140, 65M-4306, south of 16th Avenue, east of Bur Oak
Avenue and west of Donald Cousens Parkway.
CARRIED
BY-LAW 2013-7 2271850
ONTARIO LTD. PART LOT CONTROL EXEMPTION BY-LAW FOR 65M-4328
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Lots 1 to 4, 8 to 11, 13
to 17, 22 to 27, 55 to 59, 63 to 67 and
79 to 86, Plan 65M-4328, 11050 Woodbine Avenue, west of Woodbine Avenue and
north of Elgin Mills Road.
CARRIED
BY-LAW 2013-8 PARADISE
HOMES UNIONVILLE INC. PART LOT CONTROL EXEMPTION BY-LAW FOR 65M-4325
By-law
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Lots 205,
206, 443, 444, 452, 460, 480 to 484, 506, 534, 535, Blocks 561 to 564 and
Blocks 571 and 572, Plan 65M-4325.
CARRIED
BY-LAW 2013-9 GENTHORN
DEVELOPMENTS INC., 5 HILLCROFT DRIVE, IMPLEMENTING BY-LAW
By-law
- A by-law to amend By-law 90-81, as amended,
to permit additional uses.
(New/Other Businesses Item No. 1)
CARRIED
13. IN-CAMERA ITEMS
Council
consented to add an item regarding a litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
or local board (Item No. 6).
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Alan Ho
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters: (11:09
a.m. on January 30, 2013)
COUNCIL
– January 29, 2013
(1) A MATTER IN RESPECT OF WHICH A COUNCIL,
BOARD, COMMITTEE OR
OTHER BODY MAY HOLD A CLOSED
MEETING UNDER ANOTHER ACT
(MINUTES OF IN-CAMERA COUNCIL
MEETING - DECEMBER 18, 2012) (16.0)
[Section 239 (2) (g)]
(2) PERSONAL MATTERS ABOUT AN
IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(CONFIDENTIAL NOTICE OF MOTION) (6.0)
[Section 239 (2) (b)]
GENERAL
COMMITTEE – January 21, 2013
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS)
[Section 239 (2) (b)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(BOARD/COMMITTEE RESIGNATION)
[Section 239 (2) (b)]
DEVELOPMENT
SERVICES COMMITTEE – January 22, 2013
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (e)]
COUNCIL
– January 29, 2013
(6) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (e)]
Moved by Regional
Councillor Gord Landon
Seconded by Councillor
Alan Ho
That
Council rise from the in-camera session and report. (11:57 a.m. on January 30,
2013)
CARRIED
Council
reported out the items as follows:
(1) MINUTES OF IN-CAMERA COUNCIL MEETING
- DECEMBER 18, 2012 (16.0)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Howard Shore
1) That the Council
In-camera Minutes dated December 18, 2012 be confirmed.
CARRIED
(2) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(CONFIDENTIAL NOTICE OF MOTION) (6.0)
Moved by Councillor
Howard Shore
Seconded by
Councillor Alex Chiu
1) That
staff be authorized to proceed as directed by Council on January 30, 2013.
CARRIED
(3) BOARD/COMMITTEE APPOINTMENTS (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
1) That
the following appointment to the Unionville Stiver Mill Preservation Advisory
Committee be received, for information purposes:
Name
|
Representation
|
Term
|
Reid McAlpine
|
President of the Unionville
Villagers Association (UVA)
|
November 30, 2014
|
CARRIED
(4) BOARD/COMMITTEE RESIGNATION (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
1) That
the resignation of Salim Manji from the Environmental Advisory Committee be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti.
CARRIED
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
1) That
the confidential verbal report from the City Solicitor regarding a litigation
or potential litigation matter, be received; and,
2) That
staff be authorized to proceed as directed by Council on January 30, 2013.
CARRIED
(6) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS
BEFORE ADMINISTRATIVE
TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD
(8.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Carolina Moretti
1) That
staff be authorized to proceed as directed by Council on January 30, 2013.
CARRIED
14. CONFIRMATORY BY-LAW
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That By-law 2013-10
be given three readings and enacted.
Three Readings
BY-LAW 2013-10 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JANUARY
29, 2013.
By-law
CARRIED
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 11:59 a.m. on January 30,
2013.
CARRIED
_______________________________ _______________________________
MARTHA PETTIT FRANK
SCARPITTI
ACTING CITY CLERK MAYOR
(Signed)