COUNCIL
AGENDA
March
19, 2013, 7:00 p.m.
Council
Chamber, Anthony Roman Markham Civic Centre
TABLE OF CONTENTS
1............. DISCLOSURE
OF PECUNIARY INTEREST
(1).......... COUNCIL MINUTES
– MARCH 6, 2013
6(A) REPORT NO. 12 - GENERAL COMMITTEE (February 25,
2013)
8............. NOTICES OF MOTIONS
11-2013. ROAD
CLOSURE REQUEST – CANADA DAY CELEBRATIONS (3.5)
12-2013. ROAD
CLOSURE REQUEST – 10 K TREES FOR THE ROUGE (3.5)
(1).......... PROCLAMATION AND
FLAG RAISING REQUESTS (3.4)
11.......... NEW/OTHER BUSINESS
BY-LAW 2013-29................ A BY-LAW
TO ESTABLISH WARD BOUNDARIES FOR THE CITY OF MARKHAM.
BY-LAW 2013-31................ ROAD
DEDICATION BY-LAW
BY-LAW 2013-34................ CROWN OF
MARKHAM INC., PART LOT CONTROL EXEMPTION BY-LAW, 65M-4314
BY-LAW 2013-37................ DIGRAM
DEVELOPMENTS INC., PART LOT CONTROL EXEMPTION BY-LAW, 65M-4334
(1).......... MINUTES OF
IN-CAMERA COUNCIL MEETING - MARCH 6,
2013
14.......... CONFIRMATORY BY-LAW
1) That the Minutes of the Council Meeting held on March 6, 2013, be adopted.
To the Mayor and Members of Council:
That the report of the General Committee be received and adopted. (Item
1):
OptionD1-approved
by GC on Feb. 25
Report Attachment
A Attachment
B-F
1) That the staff report entitled “Ward Boundary Review 2012-2013:
Final Report & Options to Redivide the City’s Ward Boundaries” be received;
and,
2) That the report of Dr. Robert J. Williams, entitled “Final Report
2012-2013 Ward Boundary Review” (Attachment “A”) be received; and,
3) That Council select in accordance with Section 222 of the Municipal Act, 2001, Option D1 to
redivide the City’s ward boundaries, with the amended Ward
numbering as amended at the February 25, 2013 General Committee meeting;
and,
4) That a by-law to redivide the City’s ward boundaries be passed; and,
5) That the City Clerk be directed to give public notice of the passing
of the by-law in accordance with Subsection 222(4) of the Municipal
Act, 2001; and,
6) That staff be directed to undertake all steps required to implement
the selected ward boundary configuration, including appearances necessary for
that purpose before the Ontario Municipal Board or a court of competent
jurisdiction; and,
7) That staff be directed to report back on any significant population variance between each of the City’s wards following the 2018 municipal election; and further,
8) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
(By-law 2013-29)
That Council
receive and consent to the disposition of communications in the following
manner:
The following roads will be closed on July 1, 2013 to facilitate the Canada Day Celebrations:
3:00 pm to 4:30 pm
- McCowan
Road from Bullock Drive to South Unionville Avenue
- McCowan
Road and Heritage Rd
- Hwy.
7 – east and west of McCowan Road
8:30 pm to 11:30 pm
- McCowan
Road north of South Unionville Avenue –rolling closures
The following road will be closed on April 28, 2013 from 8:00 am to 2:30 pm:
- Reesor Road (between Steeles Ave and 14th Ave)
-
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New
premises and application of a new liquor licence for indoor and outdoor areas).
1) That the following proclamations issued by the City Clerk in
accordance with the City of Markham Proclamation Policy be received for
information purposes:
- Holocaust Memorial Day (April 8, 2013)
- Israel Independence Day (April 16, 2013)
- Girls Rights Week (April 29 to May 3, 2013)
- Italian Heritage Month (June 2013); and,
2) That the following request for flag to
be raised at the Anthony Roman Markham Civic Centre flagpole approved by the City
Clerk in accordance with the City of Markham Community Flag Raisings & Flag
Protocol Policy be received for information purposes:
- Flag of Israel (April 16, 2013);
and,
3) That the following new requests for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- Keep Markham Beautiful Month (April 2013)
- World Autism Awareness Day (April 2, 2013)
- National Caregiver Day (April 5, 2013)
- Barbershop Harmony Week (April 7 to 13, 2013)
- National Youth Week (May 1 to 7, 2013)
- Persian New Year (Nowruz) (First day of spring 2013); and further,
4) That the following new request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:
- Autism Flag (April 2, 2013).
That By-laws 2013-29
to 2013-37 be given three readings and enacted.
(Item No. 1, Report No. 12)
- A by-law to dedicate certain lands as part of the highways of the Town of Markham:
(Block 53, Plan 65M-4233 - Begonia Street;
Block 54, Plan 65M-4233 - Furrow Street;
Block 105, Plan 65M-4341 - Furrow Street;
Block 115, Plan 65M-3809 - Greenspire Avenue;
Block 117, Plan 65M-3809 - Begonia Street;
Block 119, Plan 65M-3809 - Hyacinth Street;
Block 121, Plan 65M-3809 - Beacon Point Street;
THAT
Block 123, Plan 65M-3809 - Roy Rainey Avenue)
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Part of Block 18, Plan
65M-4217, designated as Parts 37 to 51 both inclusive, Pan 65R-32905.
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Block 256, Plan 65M-4237.
- A by-law to designate part of a certain
plan of subdivision not subject to Part Lot Control, Blocks 25, 26, 27 and 28,
Plan 65M-4314.
- A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Block 14, Plan 65M-4247.
- A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 27, 28, 29, 52, 53 and 505 and Blocks 554, 555, 556, 568 and 573,
Plan 65M-4325.
- A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Block 36, Plan 65M-4334.
That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters:
COUNCIL
– March 19, 2013
[Section 239 (2) (b) (c) (e) (f)]
GENERAL
COMMITTEE – March 4, 2013
[Section 239 (2) (f)]
That By-law 2013-38
be given three readings and enacted.
Council
meetings are audiostreamed live at the City of Markham website.
ADDENDUM ITEMS/ADDITIONAL
INFORMATION
PLEASE BRING YOUR MARCH 18, 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 6):
Report Attachment
A-K GC
page 35
1) That the report entitled “Information Report – Update on the Federal Electoral Districts Proposal for the Province of Ontario” be received; and,
2) That
the Federal Electoral Boundaries Commission for the Province of Ontario be
requested to re-name the riding of "Markham-Stouffville" to
"Markham-Stouffville-Rouge Valley; and,
3) That
the Federal Electoral Boundaries Commission for the Province of Ontario be
requested to re-name the riding of "Vaughan-Thornhill-Markham" to
"Thornhill"; and further,
4) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
1) That
the presentation by Mr. Paul Wealleans, Director, Taxation entitled “Property
Tax Ratios,” be received; and,
2) That the report entitled “Property Tax Ratios” be
received; and,
3) That Council support
setting tax ratios in 2013 to achieve Region-wide “revenue neutrality” such
that the relative tax burden of each property class is the same after the
reassessment as it was before the reassessment; and,
4) That
this resolution be forwarded to the Region of York; and further,
5) That
staff be authorized to and directed to do all things necessary to give effect
to this resolution.
Report Attachment
A Attachment
B Attachment
C GC
page 90
Note: See Communication No. 14-2013 with respect to the staff memorandum
providing information on ensuring all of Markham is covered for the subject
program.
1) That the report entitled “Citywide Multi-phase Sanitary System
Downspout Disconnection Program – Financial Assistance Plan” be received; and,
2) That Council, acknowledge the commencement of the Citywide Multi-phase Sanitary
System
Downspout Disconnection Program, which is an extension of the Pilot Sanitary
System Downspout Disconnection Program completed in 2010; and,
3) That Council, approve the financial assistance plan for the Citywide Multi-phases Sanitary System Downspout Disconnection Program; and,
4) That
the cost for Phase 1 of the Program totaling $518,510 of which $251,931 be
funded in 2013 from capital project #11382 Downspout Disconnection Program and
the remaining amount of $266,579 be requested as part of the 2014 capital
budget process; and further,
5) That Staff be authorized and
directed to do all things necessary to give effect to this resolution.
Report GC
page 102
1) That the report “Partnership with Unionville Milliken Soccer
Association -Milliken Mills Soccer Dome, Room Expansion” be received; and,
2) That Council approves the partnership with the Unionville Milliken Soccer Association, for the room
expansion at Milliken Mills Soccer Dome; and,
3) That the cost for the expansion in the amount of $30,000 be funded
50% from the Unionville Soccer Club and 50% from the City; and,
4) That the City’s portion in the amount of $15,000 be funded from the
Recreation Facilities Development Charge Reserve in amount of $13,500 (90%) and
Life Cycle Replacement and Capital Reserve Fund in the amount of $1,500 (10%);
and further,
5) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Presentation Report GC
page 106
1) That
the presentation by Mr. Bill Smelser, President and CEO, Laurilliam Lighting
Technologies Inc. entitled “LED Streetlighting – Status Update,” be received;
and,
2) That the report entitled “LED Streetlighting - Status Update” be
received; and,
3) That the Council endorse
the use
of light emitting diode (LED) technology as an alternate to high
pressure sodium (HPS) for all City
streetlights; and,
4) That the staff be authorized to proceed with the procurement tender
for the supply and installation of LED luminaires to convert the existing HPS
cobra-head style luminaires; and,
5) That the staff be authorized to include provisional items in the
procurement tender for part-time and constant light output dimming (CLO) and
monitoring options; and,
6) That the Chief Administration Officer be authorized to award the
supply and installation contract(s), if the contract(s) are within budget; and,
7) That the selected LED luminaires,
LED performance standards and specifications be adopted as City Standards; and,
8) That the City apply for the grant
for the LED retrofit project from the SaveOnEnergy program administered by the
Ontario Power Authority (OPA); and,
9) That the Commissioner of Community
& Fire Services or her designate be delegated authority, to complete and
sign the OPA's SaveOnEnergy application form and, if approved, such agreements
and other instruments and documents necessary or advisable to obtain the grant;
and further,
10) That staff be authorized and directed to do all things necessary to
give effect to this resolution.
Report Attachment
A Attachment
B
Attachment
C Attachment
D Attachment
E GC
page 137
1) That the staff report entitled ‘Emerald Ash Borer Management Plan
Update’ be received, and;
2) That Operations staff implement an Emerald Ash Borer Management Plan
that aligns with the recommendations outlined in the draft ‘City of Markham
Emerald Ash Borer Management Strategy’, prepared by the Davey Resource Group,
included in Attachment ‘B’ of report, and;
3) That Operations staff continue to engage the services of Davey Resource Group to provide their expertise in the development of the City’s tree species selection and wood lot data collection initiatives, and;
4) That
the Operations Department continue to celebrate and promote tree planting initiatives such as; National Tree
Day, National Forest Week, Trees for Tomorrow, Trees for Life, Urban Tree
Canopy Coalition, etc., and;
5) That the Operations Department report back to Council on an annual
basis to provide updates on the Emerald Ash Borer Management Plan, including
annual budget considerations, and further,
6) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
PLEASE BRING YOUR MARCH 19, 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):
Presentation DSC
page 31
1)
That the presentation
provided by Flo McLellan, Program Director, Smart Commute – Markham / Richmond
Hill Transportation Management Association (TMA) entitled “Smart Commute –
Markham / Richmond Hill 2013 Business Plan”, at the March 19, 2013 Development
Services Committee, be received; and,
2) That the funding
allowance for Smart Commute – Markham / Richmond Hill Transportation
Association (TMA) in the amount of $75,000, funded under the 2013 Capital Account
No. 640-101-5699-10060, be approved; and,
3) That the Regional
Municipality of York, the Town of Richmond Hill and Smart Commute – Markham /
Richmond Hill be advised accordingly; and,
4) That the Mayor and
Clerk be authorized to execute an amended Memorandum of Understanding (MOU) to
the satisfaction of the CAO and City Solicitor; and further,
5) That staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Presentation DSC
page 51
1) That the presentation provided by Peter Miasek, Vice-Chair,
Markham Cycling and Pedestrian Advisory Committee (CPAC) entitled “Cycling and
Pedestrian Advisory Committee (CPAC) - 2013 Business Plan”, at the March 19,
2013 Development Services Committee meeting, be received; and,
2) That the funding allowance for Markham’s Cycling and
Pedestrian Advisory Committee (CPAC) in the amount of $25,000, funded under the
2013 Capital Account No. 640-101-5699-6138, be approved; and further,
3) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Report DSC
page 104
1) That the deputation and correspondence
from Barry A. Horosko, Brattys, Barristers and Solicitors, on behalf of Liberty
Development, regarding 2145312 Ontario Inc., provided at the March 19, 2013
Development Services Committee meeting, be received; and,
2) That
the report entitled “RECOMMENDATION REPORT, 2145312 Ontario Inc., 1 Steelcase Road West,
West of Woodbine Avenue, south of Steelcase Road West, Applications for
Official Plan and Zoning By-law Amendments to permit a mixed use
commercial/office development, File No.’s: OPA and ZA 12 115839” be received;
and,
3) That the application
submitted by 2145312 Ontario Inc. to amend the Official Plan, be approved and
that the draft Official Plan Amendment attached as Appendix “B”, further amended to permit an initial Phase 1A wherein
up to 20,000 m2of retail space would be permitted, provided that
7,500 m2 of office uses is provided, be finalized and
adopted without further notice; and,
4) That the notice of
adoption of the Official Plan Amendment be forwarded to the Region of York for
final approval of the Official Plan Amendment; and,
5) That the application
submitted by 2145312 Ontario Inc. to amend Zoning By-law 108-81, as amended, be
approved and the draft by-law attached as Appendix “C”, further amended to permit an initial Phase 1A wherein
up to 20,000 m2of retail space would be permitted, provided that
7,500 m2 of office uses is provided, be finalized and
enacted without further notice; and further,
6) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Report DSC page 132
1) That the deputations by Arnie Rose, representing the
Thornlea Revitalization Working Group, Brian Gordon, Mike Papetrou, Alena Gotz,
Marilyn Ginsberg, Jonathon Wu, and Sam Balsamo representing Condor Properties,
be received; and,
2) That
the written submission by Alena Gotz, dated March 19, 2013, Marilyn Ginsberg,
and Manuel Der Maroutiounian be
received; and,
3) That the report
entitled: “INFORMATION REPORT, Thornhill Revitalization Area Land Use Study:
Summary and Discussion of the Working Group and City Staff/Consultant
Recommendations; File PR 11 127722,” be received; and,
4) That the new Draft
Official Plan policies pertaining to the Thornlea
Revitalization Area be based on the points of agreement between the City Staff
/Consultant recommendations and the recommendations of the Working Group; and,
5) That the Development
Services Committee and Council provide the following direction to staff:
a) In the Thornlea Revitalization Area, excluding the
former Canac site, prohibit manufacturing, assembly and warehousing, other than where no Certificate of Approval is
required from the Ministry of the Environment, and prohibiting auto-body repair
shops in the new Official Plan and prohibiting auto-body repair
shops in the new Official Plan;
b) On the former Canac
Kitchens property, provide for mixed use residential
redevelopment (e.g. ground-oriented residential with at grade
commercial, retail and office uses
along John Street and Green Lane); and,
a.
That automobile-oriented land
uses, such as gas stations, non-accessory parking lots, and other drive-through
uses not be accommodated;
b.
That to protect the residential
characteristics of the area, commercial development be limited to the
following:
i) Low intensity and
pedestrian oriented commercial uses, such as professional offices and small
retail or commercial businesses.
ii) Any new
residential development in this area must be pedestrian friendly and provide
for a small-scale central area where residents could find benches, shading, and
perhaps a visual attraction all could be proud of.
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Report
Council
Extract Subcommittee
Minutes Communications DSC page 145
1) That the correspondence from
Michael and Jacqueline Baranowsky; Anne Chang; Jeremy Tio, and a form letter
signed by approximately 32 area residents, regarding the proposal for Site Plan
Control in the Hughson Drive area, be received; and,
2) That the deputations by Teremy Tio,
Freda Chu, Andrew Wu, Christopher Zadel on belahf of Maria Murgaski, Jenny
Tsikfidis, Georgia Leung, John Vretos, and Daniel Ho Lung, regarding Site Plan
Control in the Hughson Drive area, be received; and further,
3) That
the introduction of Site Plan Control Approval and Community Design Guidelines
for the Hughson Drive Community not be supported.
Letter Communication DSC page 579
1)
That
the correspondence from Salim Alibhai, Manager Engineering, Roads Branch,
Region of York, providing comments, be received; and,
2)
That
the deputation by Sam Balsamo representing Condor Properties be received; and,
3) That the Enbridge Gas Distribution Inc. (“Enbridge”)
EB-2012-0451 - Greater Toronto Area (“GTA”) Project Ontario Energy Board (the
“Board”) Notice of Application be received; and,
4) That Enbridge Gas Distribution Inc. be invited to the April
9, 2013 meeting of the Development Services Committee to provide a presentation
on the routing of the proposed GTA gas distribution pipeline through the City
of Markham; and,
5) That the March 14, 2013, letter from the Director of
Engineering in respect to Markham’s response to the Ontario Energy Board and
intervenor status be received; and,
6) That Enbridge Gas Distribution Inc. be requested to submit a
construction staging communication and signage plan to the satisfaction of the
Director of Engineering; and,
7) That the City of Markham reserve the right to require
Enbridge to find an alternative alignment if the proposed pipeline conflicts
with Markham’s future infrastructure and land use; and further,
8) That the City of Markham reserve the right to provide to the
OEB any additional comments arising from the Enbridge presentation at the April
9, 2013 DSC meeting and subsequently also arising from any future details
received from Enbridge regarding the alignment and grade of the proposed
pipeline through Markham.
(Item No. 3, Report No. 13) Page
141
Report Figure
1 Appendix
A Appendix
B Appendix
C Appendix
D
DSC page 191
Note: Development
Services Committee at its meeting held on March 19, 2013 deferred the
consideration of this matter to the Council meeting this date.
1) That
correspondence from Patricia A. Foran, Aird & Berlis; Piper Morley, Aird
& Berlis; Paul Young; Andrea A. Gabor, Urban Strategies Inc.; Rosemarie L.
Humphries, Humphries Planning Group Inc.; Vania Ottoborgo, 1659139 Ontario Inc.
(Holborn), and John Amello, provided at the March 19, 2013 Development Services
Committee, be received;
2) That
a statutory Public Meeting to consider the Draft Official Plan be scheduled for
April 23, 2013, preceded by an Open House on April 11, 2013; and,
3) That
applications for employment land conversions be considered at a DSC meeting in
May 2013 for Committee and Council direction on whether removal of the lands from the
employment land supply is appropriate; and further,
4) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
COUNCIL
– March 19, 2013
(3) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING
MATTERS BEFORE ADMINISTRATIVE
TRIBUNALS,
AFFECTING THE MUNICIPALITY OR
LOCAL BOARD
[Section 239 (2) (e)]
GENERAL
COMMITTEE – March 18, 2013
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD.
[Section 239 (2) (c)]
(5) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS.
[Section
239 (2) (d)]
(6) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD.
[SECTION 239 (2) (C)]
DEVELOPMENT
SERVICES COMMITTEE – March 19, 2013
(7) DEVELOPMENT SERVICES COMMITTEE IN-CAMERA
MINUTES
- MARCH 5, 2013
[Section 239 (2) (e) (f)]
(8) ROUGE PARK IMPLEMENTATION TASK FORCE
IN-CAMERA MINUTES
- MARCH 12, 2013
[Section 239 (2) (c)]
(9) A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD
[Section 239 (2) (c)]