Elin Beaumont, Outreach and Communications Manager, Holocaust Survivor Memoirs Program from the Azrieli Foundation, will provide a presentation on the importance of International Holocaust Remembrance Day.

(See Proclamation Item No. 1)

4. DELEGATIONS

5. PETITIONS

6(A) REPORT NO. 1 - GENERAL COMMITTEE (November 19, 2012)

(1) 2013 OPERATING BUDGET (7.4)

Nov19GCReport Jan29CouncilReport

Note: On November 19, 2012, General Committee recommended the 2013 Operating Budget will be considered at a January 2013 Council meeting.

See staff reports dated November 19, 2012 entitled “2013 Operating Budget” and dated January 29, 2013 entitled “2013 Operating Budget – Supplementary Report” attached.

The recommendation from the November 19, 2012 General Committee meeting has been revised to accommodate the revisions recommended in the supplementary report – See bolded Resolution Nos. 1, 7, 8, 9, 10 and 12.

This revised recommendation is for Council's consideration:

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 further,

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

6(B) REPORT NO. 2 - GENERAL COMMITTEE (January 21, 2013)

PLEASE BRING YOUR JANUARY 21, 2013

GENERAL COMMITTEE AGENDA

To the Mayor and Members of Council:

That the report of the General Committee be received and adopted. (Items 1 to 3):

(1) REVISED TERMS OF REFERENCE
-THEATRE BOARD (16.0)

Minutes Appendix A Memo GC page 61

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.”

(2) 013-S-13 SUPPLY OF FIRE DEPARTMENT APPARATUS (7.12)

Report GC page 68

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.

(3) DEVELOPMENT CHARGE BY-LAW UPDATE (7.11)

Presentation GC presentation provided at the meeting

Note: At the January 21, 2013 General Committee meeting, the following recommendation was deferred to the January 28, 2013 General Committee meeting:

"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."

The recommendation from the January 28, 2013 meeting will be provided to Council under Addendum Agenda, to be distributed at the meeting.

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 4^th 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.

6(C) REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE (January 22, 2013)

PLEASE BRING YOUR JANUARY 22, 2013

DEVELOPMENT SERVICES COMMITTEE AGENDA

To the Mayor and Members of Council:

That the report of the Development Services Committee be received & adopted. (Items 1 to 6):

(1) METROLINX - BIG MOVE UPDATE (5.0)

Presentation Draft Resolution DSC page 38

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.

(2) MAIN STREET UNIONVILLE
PRECINCT MASTER PLAN (10.0) DSC page 264

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.

(3)        UNIONVILLE STIVER MILL PRESERVATION
            ADVISORY COMMITTEE MINUTES
            - December 12, 2012 (16.34)

Minutes Terms of Reference Jan 17 - Extract DSC page 174

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).

(4) HERITAGE DESIGNATION BY-LAW AMENDMENTS
LEGAL DESCRIPTIONS (16.11)

Report DSC page 196

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 16^th 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.

(5) REQUEST FOR DEMOLITION
9 ALBERT ST. MARKHAM VILLAGE (16.11)

Report DSC page 210

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.

(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 DSC page 243

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.

7. MOTIONS

(1) RESCIND THE FINANCIAL FRAMEWORK FOR THE
PROPOSED GTA SPORTS, ENTERTAINMENT AND CULTURAL CENTRE (6.0)

No attachment

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.

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 26^th, 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.

(2) COMPLETE THE MARKHAM LIVE VISION &
UPDATE THE DOWNTOWN MARKHAM CENTRE SECONDARY PLAN (10.0)

No attachment

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.

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 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.

8. NOTICES OF MOTIONS

9. COMMUNICATIONS

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

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.

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).

10. PROCLAMATIONS

(1) PROCLAMATION REQUESTS (3.4)

No attachment

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).

11. NEW/OTHER BUSINESSES

(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

Note: On December 18, 2012, Council deferred consideration of this recommendation from the December 11, 2012 Development Services Committee meeting to the Council meeting this date. The recommendation outlined below for Council's consideration is as recommended by the Committee on December 11, 2012.

For your information, staff report dated December 11, 2012 is attached and the implementing by-law is listed on this agenda under By-law No. 2013-9.

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)

(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

Note: This matter was discussed at the November 20, 2012 Development Services Committee.

Staff report dated October 23, 2012 presented to Development Services Committee meeting on November 20, 2012 and extract from the meeting are attached for your information.

As outlined in the staff report, the following recommendation is for Council's consideration:

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 delegated to the Commissioner of Development Services, to be issued following 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 Council authorize the enactment of a by-law to remove the Hold (H) provisions on the subject lands upon execution of the Site Plan Agreement 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.

12. BY-LAWS

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.

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).

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.

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.

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 16^th Avenue, east of Bur Oak Avenue and west of Donald Cousens Parkway.

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.

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.

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)

13. IN-CAMERA ITEMS

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters:

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)

[Section 239 (2) (g)]

(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(CONFIDENTIAL NOTICE OF MOTION) (5.0)

[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)]

14. CONFIRMATORY BY-LAW

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.

15. ADJOURNMENT

Council meetings are audiostreamed live at the City of Markham website.

ADDENDUM ITEMS/ADDITIONAL INFORMATION

4. DELEGATIONS

(1) KURT CHRISTENSEN, MARKHAM RESIDENT - REGARDING MOTION NOS. 1 AND 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(2) KEN NG, FCCM/CCCM/TASTE OF ASIA - REGARDING MOTION NOS. 1 AND 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(3) BAL SHARMA, MARKHAM RESIDENT - REGARDING MOTION NOS. 1 AND 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (6.0 & 10.0)

(4) AARON MADAR, TORONTO TRILLIUM LIONS CLUB - REGARDING NEW/OTHER BUSINESS NO. 2

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(5) OWEN MACRI - REGARDING NEW/OTHER BUSINESS NO. 2

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(6) TOINETTE BEZANT, ON BEHALF OF BAYVIEW GLEN RESIDENTS - REGARDING MOTION NOS. 1 AND 2, AND NEW/OTHER BUSINESS NO. 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(7) MARILYN GINSBURG, ON BEHALF OF GRANDVIEW AREA RESIDENTS ASSOCIATION - REGARDING MOTION NOS. 1 AND 2, AND NEW/OTHER BUSINESS NO. 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(8) KAREN REA, MARKHAM VILLAGE CITY RATEPAYERS – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(9) ANNETTE CACOROVSKI

(10) EVELIN ELLISON – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(11) STEPHEN KOTYCK – REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(12) BRENDA ANDRESS – REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(13) GRACE SONODA – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(14) ROSE MITTELHOLZER – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(15) BIL TRAINOR

(16) DONNA BUSH

(17) MARG FERGUSON

(18) BARBARA SAMPSON

(19) MIKE GANNON – REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(20) ROBERT MOK

(21) JOYCE RAMER - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(22) AHSAN IRFAN - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(23) NORMAN MANARA - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(24) JOHN CHIU

(25) SUMEET TANDON - REGARDING NEW/OTHER BUSINESS NO. 2

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(26) LORNE MCCOOL – REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(27) JEAN CHIU

(28) TERRY GIBSON - REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(29) RT SANGANI

(30) TOM CHAN - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(31) PATRICK O'HANLON, ANGUS GLEN DEVELOPMENT LTD – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(32) NICK ZARAFONITIS, THE SCHOOL RESTAURANT – REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(33) MOHAMED MAHERALI - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(34) SHAFIQUE MALIK - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(35) DANIEL ELMALEM - REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(36) BHUPEN KARIA - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(37) PATRICK REGINA, HILTON SUITES HOTEL - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(38) OWEN MACRI - REGARDING MOTION NO. 1

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(39) JIM KWAN

(40) GIN SIOW

(41) WAYNE SONODA - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(42) EILEEN LIASI, GERMAN MILLS RESIDENTS' ASSOCIATION - REGARDING MARKHAM SPORTS, ENTERTAINMENT AND CULTURAL CENTRE

(43) MARCO FILICE, REPRESENTING LIBERTY DEVELOPMENT CORPORATION - REGARDING MOTION NOS. 1 AND 2, AND NEW/OTHER BUSINESS NO. 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

(44) ELISABETH TAN - REGARDING MOTION NOS. 1 AND 2, AND NEW/OTHER BUSINESS NO. 2

(Rescind the Financial Framework for the Proposed GTA Sports, Entertainment and Cultural Centre) (6.0)

(Complete the Markham Live Vision & Update the Downtown Markham Centre Secondary Plan) (10.0)

(Site Plan Control Application for Markham Sports, Entertainment and Cultural Centre) (10.6)

6(B) REPORT NO. 2 - GENERAL COMMITTEE (January 21, 2013)

(3) DEVELOPMENT CHARGE BY-LAW UPDATE (7.11)

Presentation GC presentation provided at the meeting

Note: At the January 21, 2013 General Committee meeting, the following recommendation was deferred to the January 28, 2013 General Committee meeting:

"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."

The above recommendation was approved by General Committee on January 28, 2013. Accordingly, the resolution outlined below for Council's consideration has been revised to include this recommendation – See bolded Resolution No. 3