Council Minutes
September
12, 2018, 7:00 PM
Council Chamber, Anthony
Roman Markham Civic Centre
Meeting No. 14
Roll Call
Mayor Frank Scarpitti, Deputy Mayor
Jack Heath, Regional Councillor Jim Jones, Regional Councillor Nirmala
Armstrong, Regional Councillor Joe Li; Councillor Valerie Burke, Councillor
Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Councillor Colin
Campbell, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Alex
Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Arvin Prasad, Commissioner
of Development Services
Joel Lustig, Treasurer
Kimberley Kitteringham, City
Clerk
Alida Tari, Acting Manager,
Access & Privacy
John Wong, Technology
Support Specialist
Bryan Frois, Chief of Staff
Andrea Berry, Senior
Manager, Corporate Communications & Community Engagement
Biju Karumanchery, Director,
Planning & Urban Design
Brian Lee,
Director, Engineering
Ron Blake, Senior Manager,
Development, Planning & Urban Design
Dave Miller, Manager,
Development, Planning & Urban Design
The meeting of
Council convened at 7:07 PM on September 12, 2018 in the Council Chamber. Mayor
Frank Scarpitti presided.
INDIGENOUS LAND ACKNOWLEDGEMENT
We begin today by
acknowledging that we walk upon the traditional territories of Indigenous
Peoples and we recognize their history, spirituality, culture, and stewardship
of the land. We are grateful to all Indigenous groups for their commitment
to protect the land and its resources and we are committed to reconciliation,
partnership and enhanced understanding.
The Mayor acknowledged
the passing of former Deputy Mayor and Regional Councillor Ron Dancy. He also
acknowledged the sudden passing of long-time City employee Agnes Kam. On behalf
of Council, he extended condolences to their respective families. Council
observed a moment of silence in their honour.
Council recessed
at 9:48 pm and reconvened at 9:57 pm.
At 11:49 p.m.
on September 12, 2018, Council passed a motion allowing the meeting to continue
further than 12:01 a.m. on September 13, 2018.
The motion moved by Councillor Karen Rea and seconded by Councillor Alan
Ho was carried by a two-thirds vote of the Members present.
1. DISCLOSURE OF PECUNIARY INTEREST
None
disclosed.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL
MINUTES – JUNE 26, 2018
Minutes
The June 26,
2018 Council minutes were amended to include names of individuals who withdrew
their request to address Council following the reporting of the recommendations
with respect to the York Downs Golf Course development.
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
1) That
the Minutes of the Council Meeting held on June 26, 2018, as amended, be adopted.
Carried as amended
In recognition
of the City’s commitment to achieve inclusion in the organization and the
community, a photo will be taken with the new Markham Inclusion Charter
statement.
Withdrawn
4. DEPUTATIONS
(1) DEPUTATION – JUNE 26,
2018 COUNCIL MINUTES (16.0)
Richard
Dusome addressed Council on this matter.
(2) DEPUTATION - CONFIDENTIAL
ITEM: SIXTEENTH LAND HOLDINGS INC., 4134 16TH AVENUE (YORK DOWNS
GOLF COURSE) (WARD 6)(8.0)
The
following individuals addressed Council on this matter:
1)
Richard Dusome spoke
in opposition of the application.
2)
Peter Miasek provided
comments.
3)
Nesta Morris spoke in opposition of the application.
4)
Michael Morris spoke in opposition of the application.
5)
Richard Herold spoke in opposition of the application.
6)
Elisabeth Tan
spoke in opposition of the application.
(See Confidential Item No. 8 for Council’s
decision on this matter)
(3) DEPUTATION
– PARKLAND DEDICATION (10.0)
Martin
Quarcoopome, Weston Consulting addressed Council on an item not on the agenda
related to parkland dedication.
(4) DEPUTATION – MINIMUM
HEIGHT RESTRICTIONS IN THE FUTURE URBAN AREA (10.0)
The
following individuals addressed Council and provided comments and concerns
regarding the Motion on minimum height restrictions:
1) Maria Gatzios
2) Clay Leibel.
(See Motion
No. 2 for Council’s decision on this matter)
5. COMMUNICATIONS
That Council
receive and consent to the disposition of communications in the following
manner:
Moved by Councillor
Alex Chiu
Seconded by Councillor
Khalid Usman
Received
26-2018 NOMINATIONS FOR
2019 COLLEGE PHYSICIANS AND SURGEONS OF ONTARIO COUNCIL AWARD (12.2.6)
Communication
The College of Physicians and Surgeons of
Ontario is accepting nominations for the 2019 Council Award. The
Council Award honours outstanding Ontario physicians who have demonstrated
excellence and embody society's vision of an ideal physician. The
deadline for receipt of nominations is October 1, 2018.
|
27-2018 LOCAL PLANNING APPEAL TRIBUNAL
(LPAT) DECISION – 4031 16TH AVENUE (UNIONVILLE) INC. – 4031 16TH
AVENUE (13.13)
Communication
Summary from the City Solicitor:
On
June 25, 2018, the Local Planning Appeal Tribunal (the LPAT) approved a
settlement between the City of Markham and 4031 16th Avenue
(Unionville) Inc. (the “Appellant”) with respect to appeals by 4031 16th
Avenue (Unionville) Inc. from the City’s failure to make a decision regarding
applications for draft plan of subdivision and zoning by-law amendment for 4031
16th Avenue, located on the south side of 16th Avenue
between Village Parkway and Normandale Road.
The
settlement permits the lands to be developed with seven single detached
residential lots served by a private road connecting to Normandale Road. The
existing heritage home on the lands will relocated to one of the proposed lots,
restored and expanded. The west
(valleyland) portion of the property and a park block will be transferred to
the City of Markham.
The
LPAT approved a zoning by-law amendment to delete the lands from the designated
area of By-law 134-79, incorporate them into the designated area of By-law
177-96 (the New Urban Area By-law) and zone them to permit the development
outlined above. This by-law requires
assignment of a number for municipal tracking purposes.
(By-law
2018-119)
28-2018 COMMUNICATION
REGARDING YORK
DOWNS DEVELOPMENT (8.0)
Communication
dated September 11, 2018 from Nesta Morris providing comments on the York Downs
Development.
Communication
Communication
dated September 12, 2018 from Mike Gannon providing comments on the York Downs
Development.
Communication
(Confidential
Item No. 8)
Carried
6. PROCLAMATIONS
(1) PROCLAMATIONS
AND FLAG RAISING REQUESTS (3.4)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Regional
Councillor Joe Li
1) That the following proclamations, issued by the City
Clerk in accordance with the City of Markham Proclamation Policy, be received
for information purposes:
-
Prostate Cancer Awareness Month - September 2018
-
Public - Rail Safety Week - September 23 - 29, 2018
- National
Day of the People's Republic of China – September 30, 2018
-
Occupational Therapy Month - October 2018
-
World Mental Health Day - October 10, 2018
-
English as a Second Language Week – October 28 – November 3, 2018
-
Pulmonary Hypertension Awareness Month – November 2018
2) That the following new requests for proclamations, issued by
the City Clerk in accordance with the City of Markham Proclamation Policy, be
received and added to the Five-Year Proclamations List approved by Council:
- Mitochondrial
Disease Awareness Week - September 17 - 23, 2018
- Walk for Aging
Positively Day - September 23, 2018
3) That
the following request for a 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:
- National Day of the People's Republic of
China – September 30, 2018
(Organized by Federation Chinese Canadians in
Markham).
Carried
7(A) REPORT NO. 33 – GENERAL COMMITTEE
(SEPTEMBER 4, 2018)
That the report of the General Committee comprised of 11 items be
received & adopted, except for Item No. 7. (See Item No. 7).
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
(1) MINUTES OF THE APRIL 5,
2018
GERMAN MILLS MEADOW & NATURAL HABITAT
LIAISON COMMITTEE (16.0)
Minutes
1) That the minutes of the April 5, 2018 German Mills Meadow
& Natural Habitat Liaison Committee meeting be received; and,
2) That
Council endorse the motion passed at the April 5, 2018 German Mills Meadow and
Natural Habitat Liaison Committee meeting requesting staff to prepare a report on fishing
and the various laws that apply in Markham (what is permitted and what is not).
Carried
(2) 2019 INTERIM SPENDING AUTHORITY
PENDING APPROVAL OF BUDGET (7.0)
Report
1) That the report titled
“2019 Interim
Spending Authority Pending Approval of Budget”, be received; and,
2) That Council approve 50% of the City’s 2018
Operating, Waterworks, Planning & Design, Building Standards and
Engineering budgets equal to $189,228,235 as a
pre-budget approval for 2019 operating expenditures; and further,
3) That Staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(3) 2019 INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF UNIONVILLE AND MARKHAM VILLAGE
IMPROVEMENT AREAS BUDGETS (7.0)
Report
1) That the report titled
“2019 Interim Spending Authority Pending Approval of Unionville and Markham
Village Business Improvement Area Budgets”, be received; and,
2) That Council approve 50% of the 2018
Operating Budget equivalent to the amounts of $141,878 for the Unionville BIA
(UBIA) and $224,150 for the Markham Village BIA (MBIA) as pre-budget approval
for 2019 operating expenditures; and further,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(4) TEMPORARY BORROWING BY-LAW
2019 (7.0)
Report
1) That the report titled “2019 Temporary Borrowing By-law” be
received; and,
2) That a by-law be brought forward
for Council approval to authorize the temporary borrowing, if required, of
amounts not to exceed $189,228,235 from January 1, 2019 to September 30, 2019
and $94,614,117 from October 1, 2019 to December 31, 2019 to meet the
expenditures of the municipality until taxes are collected and other revenues
are received; and,
3) That
the Treasurer report to Council in advance of borrowing, if temporary borrowing
is required; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law
2018-126)
Carried
(5) DELEGATION OF AUTHORITY
TO
CHIEF ADMINISTRATIVE OFFICER
DURING THE 2018 ANNUAL SUMMER
RECESS AS PER BY-LAW 4-2000 (7.0)
Report Attachment
1) That the report
entitled “Delegation of Authority to Chief Administrative Officer during the
2018 annual summer recess as per By-law 4-2000” be received; and,
2) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
(6) AWARD OF PROPOSAL
134-R-17 SUPPLY
AND INSTALLATION, CUSTOMER RELATIONSHIP
MANAGEMENT SOLUTION (CRM) (7.12)
Report
1) That the report
entitled “Award of Proposal 134-R-17 Supply and Installation, Customer Relationship
Management Solution (CRM)” be received; and,
2) That the contract for 134-R-17 Supply
and Installation, Customer Relationship Management Solution (CRM) be awarded to
the highest ranked/lowest priced bidder, Verint Americas Inc. in the amount of
$1,159,102.37 inclusive of HST, of which $718,438.83 is for the software and
implementation costs and $440,663.54 is for seven years of
support and maintenance; and,
3) That a 10% contingency in the amount of $71,843.88 inclusive of HST, be
established to cover any additional project costs be approved, and that
authorization be granted to approve expenditures of this contingency in an
amount up to the specified limit, in accordance with the Expenditure Control
Policy; and,
4) That the
cost of the software, implementation, and contingency be funded from the
following capital project; #16062 “Legislative Services - ACR Replacement/CRM
System” with an
approved budget of $1,250,300.00 inclusive of HST, and that the budget surplus
in the amount of $460,017.29 ($1,250,300.00 less $718,438.83 less $71,843.88)
be returned to the original funding source; and,
5) That the
cost of the software support and maintenance fees of $440,663.54 inclusive of HST for a seven year
(Year 2 to 8) term be funded from #400-400-5361 with an available annual budget
of $39,550.00 subject to Council approval of the 2020-2026 operating budgets in
the amounts of;
Year 2 (2020) - $59,488.90
Year 3 (2021) - $59,488.90
Year 4 (2022) - $62,463.34
Year 5 (2023) - $62,463.34
Year 6 (2024) - $65,586.36*
Year 7 (2025) - $65,586.36*
Year 8 (2026) - $65,586.36*
Total - $440,663.54
*Optional Year Renewal; and,
6) That
the current operating budget shortfall of $19,938.90 ($39,550.00 - $59,488.90)
in Year 2 will be addressed as part of the 2020 and future operating budget
processes, subject to Council approval of the 2020 to 2026 operating budgets;
and,
7) That a contract Staff for a one-year term to
a maximum amount of $69,418 (including benefits) be pre-approved as part of the
2019 Operating Budget to support the implementation, change management, testing
and training of the CRM system and;
8) That
Verint Americas Inc. be designated as the preferred vendor for the City of
Markham’s Customer Relationship Management Solution (CRM); and,
9) That the Chief Information Officer be
authorized to approve the annual support and maintenance fee subject to Council
approval of the annual Operating Budget; and,
10) That
the Chief Information Officer be authorized to execute additional renewals for
the life cycle of the project (at the sole discretion of the City); and
further,
11) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) UPDATE
ON LEGAL CANNABIS SALES IN ONTARIO (13.1)
Report Attachment
Moved by
Councillor Amanda Collucci
Seconded by
Regional Councillor Jim Jones
1) That
the report entitled “Update on Legal Cannabis in Ontario” be received; and,
2) That
the City Clerk be delegated the authority to inform the Province of Ontario
that Markham is not a willing host of cannabis retail locations and that
Markham is opting out of permitting physical cannabis retail stores within the City
once this option is officially made available to municipalities; and,
3) That
Staff report back to General Committee when changes to Bill 174 are passed by
the Government of Ontario.
Carried by a recorded vote (12:1)
(See following recorded vote)
(See following to bring the matter forward)
Recorded vote (12:1):
YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala
Armstrong,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Amanda
Collucci, Councillor Khalid Usman, Councillor Alex
Chiu.
NAYS: Councillor
Colin Campbell
Motion to consider the matter:
Moved by
Deputy Mayor Jack Heath
Seconded by
Regional Councillor Joe Li
Council consented to consider the matter related to the Update on Legal Cannabis Sales in Ontario following the passing of the
By-laws.
Carried
(8) APPOINTMENT
OF MEMBERS TO THE MARKHAM
MAYOR’S YOUTH COUNCIL FOR THE PERIOD OF
SEPTEMBER 4, 2018 TO JUNE 28, 2019 (5.0)
Report
1) That
the Report Appointment of Members to the Markham Mayor’s Youth Council for the
period of September 4, 2018 to June 28, 2019 be received; and,
2) That
the following Appointments of Members to the Markham Mayor’s Youth Council be
confirmed for the term September 4, 2018 to June 28, 2019;
Name
|
High School
|
Grade
|
Ahmed Nadeem
|
St Roberts C.H.S
|
11
|
Laura Florea
|
Thornhill S.S
|
12
|
Vivian Liu
|
Thornhill S.S
|
12
|
Julia Groza
|
TMS Schools
|
12
|
Evan Qi
|
Bayview S.S
|
11
|
Kelly Hu
|
Bayview S.S
|
11
|
Ivan Qian
|
Bayview S.S
|
12
|
Michelle Lam
|
Bayview S.S
|
12
|
Jaclyn Leung
|
Pierre Elliott
Trudeau H.S
|
12
|
Sidd Mittal
|
Unionville H.S
|
11
|
Boris Lam
|
Markville S.S
|
11
|
Hana Almofti
|
Markville S.S
|
11
|
Selina Qiu
|
Markville S.S
|
10
|
Patrick Ang
|
St. Brother
Andre C.H.S
|
10
|
Justine Lin
|
Unionville H.S
|
9
|
Jake
Koszczewski
|
Markham
District H.S
|
12
|
Adara Hagman
|
St. Brother
Andre C.H.S
|
10
|
Maxine Bisera
|
St. Brother
Andre C.H.S
|
10
|
Olivia Chan
|
Unionville
H.S.
|
9
|
Grace Huang
|
Bayview S.S
|
12
|
Eddy Guo
|
Bayview S.S
|
11
|
Karthik
Ganapathiraju
|
Pierre Elliott
Trudeau H.S
|
12
|
Renee Lee Wah
|
St. Augustine
C.H.S
|
12
|
Janice Xu
|
Bayview S.S
|
12
|
Ashley Vadivelu
|
Markville S.S
|
11
|
and further;
3) That
Staff be authorized and directed to do all things necessary to give effect
to this resolution.
Carried
(9) DEVELOPMENT
CHARGES AUDIT (7.0)
Presentation Report
1) That the presentation provided by Geoff
Rodrigues, CPA, CA, CIA, CRMA, ORMP, MNP LLP, Auditor General, City of Markham,
entitled “Report of the Auditor General – Development Charges Audit” be
received; and,
2) That the report prepared by Geoff
Rodrigues, CPA, CA, CIA, CRMA, ORMP, MNP LLP, Auditor General, City of Markham,
entitled “City of Markham – Development Charges Audit” be received; and
further,
3) That Staff be authorized and directed
to do all things necessary to give effect to the recommendations
Carried
(10) INCLUSION
CHARTER FOR CITY OF MARKHAM (11.0)
Presentation Report
1) That
the presentation entitled “Markham’s Inclusion Charter” be received; and,
2) That
Council endorse the Inclusion Charter for Markham, set out in this report; and,
3) That
the Clerk circulate this report, for information, to local municipalities, York
Region, The Race Relations, Seniors, Youth Council and Accessibility Advisory
Committees, the York Region Accessibility Advisory Committee, the York Regional
Police Services Board, Community Partnership Council and the Municipal
Diversity and Inclusion Group; and further,
4) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
(11) INCORPORATION OF A
DESTINATION
MARKETING CORPORATION (7.0)
Report Appendix
1) That the report
“Incorporation of a Destination Marketing Corporation” be received; and,
2) That
Council approve the Destination Marketing Corporation Business Case; and,
3) That staff be
authorized to apply for incorporation of a Municipal Services Corporation which
will operate as the City of Markham’s new destination marketing organization;
and,
4) That
Council approve the appointment of the City Solicitor, Treasurer, and the
Director of Economic Growth, Culture & Entrepreneurship as the initial
Directors of
the new Municipal Services Corporation; and further,
5) That staff
be authorized and directed to do all things necessary to give effect to this
resolution.
(By-law
2018-116)
Carried
7(B) REPORT NO. 34 - DEVELOPMENT SERVICES COMMITTEE
(September 5, 2018)
That the report of the Development Services Committee comprised of 4
items be received & adopted, except for Item No. 3. (See Item No. 3).
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) UPDATE
ON PROVINCIAL AND REGIONAL
HOUSING INITIATIVES (10.0)
Report
1) That
the report entitled “Update on Provincial and Regional Housing Initiatives”
dated September 5, 2018, be received; and,
2) That
Staff be requested to report back on an updated Affordable and Rental Housing
Strategy for the City of Markham, including options for inclusionary zoning and
additional financial incentives, in response to Provincial and Regional
affordable and rental housing initiatives; and,
3) That
the Mayor and Clerk be authorized to enter into a Transfer Payment Agreement
with the Ministry of Housing for the Provincial Development Charges Rebate
Program, generally in a form satisfactory to the City Solicitor; and,
4) That
Staff be authorized to submit a Take Up Plan to the Ministry of Housing for the
Provincial Development Charges Rebate Program, generally in a form satisfactory
to the Commissioner of Development Services; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) STREET
NAME CHANGE
FROM RIVIS ROAD TO UNIVERSITY
BOULEVARD (10.14)
Memo
1) That
the memorandum dated August 20, 2018 entitled “Street Name Change from Rivis
Road to University Boulevard” be received; and,
2) That the road named Rivis Road be renamed to University
Boulevard.
(By-law
2018-131)
Carried
(3) WEB
SUMMIT- LISBON, PORTUGAL
NOVEMBER 5-8, 2018 (10.16)
Report
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Deputy
Mayor Jack Heath
1) That
the report dated September 5, 2018 entitled “Web Summit- Lisbon, Portugal
November 5-8, 2018” be received; and,
2) That
the City of Markham be represented by Christina Kakaflikas, Manager Economic
Development, another member of staff and Mayor Frank Scarpitti; and,
3) That
the total cost of the summit to a maximum amount of $15,300.00
be funded from the 2018 Operating budget account #610-998-5201 “Business
Travel”, and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Council consented to
amend clause 2 and 3 from
"2) That
the City of Markham be represented by Christina Kakaflikas, Manager Economic
Development and another member of staff; and,
3) That
the total cost of the summit to a maximum amount of $5,100.00 be funded from
the 2018 Operating budget account #610-998-5201 “Business Travel”, and further,"
To as follows:
"2) That
the City of Markham be represented by Christina Kakaflikas, Manager Economic Development,
another member of staff and Mayor Frank Scarpitti; and,
3) That
the total cost of the summit to a maximum amount of $15,300.00
be funded from the 2018 Operating budget account #610-998-5201 “Business Travel”,
and further,"
(4) PROPOSED
LANE DESIGNATION BY-LAW (5.0)
Report
1) That
the report entitled “Proposed Lane Designation By-law”, be received; and,
2) That a
new “Lane Designation” By-law be enacted, designating the portions of a public
highway for the exclusive use of certain types of vehicles; and,
3) That
the VivaNext Rapidway, located on portions of South Town Centre Boulevard and
Cedarland Drive, as identified in this report, be designated for the exclusive
use of certain types of vehicles as set out in the new Lane Designation By-law;
and,
4) That
York Region Police be requested to enforce the new By-law upon its passing; and
further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2018-130)
Carried
7(C) REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE
(September 10, 2018)
That the report of the Development Services Committee, comprised of 6
items be received & adopted, except for Item No. 3. (See Item No. 3):
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) AWARD
OF TENDER 106-T-18:
SWAN LAKE PARK SOUTH
WILLIAMSON – CONSTRUCTION (7.12)
Report
1) That
the report entitled “Award of Tender 106-T-18: Swan Lake Park South Williamson
Construction” be received; and,
2) That the contract for the Swan Lake Park South
Williamson – Construction, be awarded to the lowest priced bidder Loc Pave
Construction Limited, in the amount of $386,538.41, inclusive of
HST; and,
3) That a 7% contingency in the amount of $27,057.69, inclusive of HST, be established to
cover any additional project costs and that authorization to approve
expenditures of this contingency up to the specified limit be in accordance with
the Expenditure Control Policy; and,
4) That
the Internal Project Management Fee in the amount of $37,223.65 be allocated to
account 081-5350-17013-005 “Swan Lake Park South - Construction”; and,
5) That
the total cost for the project in the amount of $450,819.75 ($386,538.41 +
$27,057.69 + $37,223.65) be funded from capital project #17013 “Swan Lake Park
South – Construction” which has an available budget of
$404,227.72; and,
6) That
the budget shortfall of $46,592.03 ($404,227.72 - $450,819.75) be funded from the
Development Charges Reserve in the amount of $41,932.83 (90%) and Parks
Cash-in-lieu Reserve in the amount of $4,659.20 (10%); and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) INFORMATION
MEMORANDUM
BOX GROVE RESIDENTIAL EAST
INC.
SITE PLAN APPLICATION TO ALLOW
COMMON ELEMENT CONDOMINIUM
TOWNHOUSE
DEVELOPMENT AT THE NORTH-WEST
CORNER
OF DONALD COUSENS PARKWAY AND
COPPER CREEK DRIVE
(PART OF BLOCK 1, 65M 4141),
WARD 7
FILE NO: SC 18 150349 (10.6)
Report
1) That
the Staff report dated September 10, 2018 and titled “Information Report, Box
Grove Residential East Inc., Site Plan application to allow common element
condominium townhouse development at the north-west corner of Donald Cousens
Parkway and Copper Creek Drive (Part of Block 1, 65M 4141), Ward 7, (File No:
SC 18 150349),” be received; and,
2) That
the presentation by Box Grove Residential East Inc. with respect to the Site
Plan application (SC 18 150349) be received; and,
3) That
the authority for granting Site Plan Endorsement (SC 18 150349) for the
proposed common element condominium townhouse development be delegated to the
Director of Planning and Urban Design; and,
4) That
prior to issuance of Site Plan Endorsement, the Owner shall submit revised
drawings and comply with all requirements of the City and authorized public
agencies, to the satisfaction of the Director of Planning and Urban Design;
and,
5) That
Site Plan Approval (SC 18 150349) be delegated to the Director of Planning and
Urban Design or his designate, not to be issued prior to the execution of a site
plan agreement; and,
6) That
Council assign servicing allocation for a maximum of 217 townhouses; and
further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) RECOMMENDATION
REPORT
BERCZY GLEN COMMUNITY DESIGN
PLAN (WARD 2) (10.0)
Report
1) That
the staff report dated September 10, 2018, titled “Recommendation Report,
Berczy Community Design Plan” be received; and,
2) That
the Berczy Glen Community Design Plan, dated August 2018, prepared by NAK
Design Strategies, be endorsed subject to Section 7 “Sustainable Development
and Community Energy Plan” being updated following completion and acceptance of
the Berczy Glen Community Energy Plan; and,
3) That
the urban design principles and guidance contained in the Berczy Glen Community
Design Plan be used in the evaluation of development applications within the
Berczy Glen Secondary Plan area; and,
4) That
the design guidance be implemented by the plans to be approved and the
conditions of draft plan approval and subdivision and site plan agreements
within the Berczy Glen Secondary Plan area as appropriate; and,
5) That
staff be directed to continue to evaluate the issues and/or concerns raised by
Development Services Committee; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) RECOMMENDATION
REPORT
DIGRAM DEVELOPMENTS MARKHAM 2
INC.
APPLICATIONS TO AMEND THE
ZONING BY-LAW
AND FOR SITE PLAN APPROVAL TO
ALLOW TOWNHOUSES
FRONTING ONTO SWAN PARK ROAD
NORTH OF CASTLEMORE AVENUE
(PART OF BLOCK 78, 65M3834)
WARD 5.
FILE NOS: ZA 16 113212 &
SC 18 113212 (10.5, 10.6)
Report
1) That
the report titled “Recommendation Report, Digram Developments Markham 2 Inc.,
Applications to amend the Zoning By-law and for Site Plan Approval to allow
townhouses fronting onto Swan Park Road, north of Castlemore Avenue (Part of
Block 78, 65M3834), Ward 5,” be received; and,
2) That
the Zoning By-law Amendment application (ZA 16 113212) be approved and the
draft implementing Zoning By-law, attached as Appendix ‘A’ to this report, be
finalized and enacted without further notice; and,
3) That
the site plan application (File No. SC 18 113212) submitted by Digram
Developments Markham 2 Inc., to allow 21 townhouses fronting onto Swan Park Road, north of Castlemore Avenue, be
endorsed in principle, subject to the conditions attached as Appendix ‘B’; and,
4) That
Site Plan Approval (SC 18 113212) be delegated to the Director of Planning and
Urban Design or his designate; not to be issued prior to the execution of a
site plan agreement; and,
5) That
site plan endorsement shall lapse after a period of three (3) years from the
date of endorsement in the event that a site plan agreement is not executed
within that period; and,
6) That
Council assign servicing allocation for a maximum of 21 townhouses; and
further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law
2018-128)
Carried
(5) DEVELOPMENT
CHARGE REIMBURSEMENT APPLICATION
– VILLAGE OF FAIRTREE BY
FOREST BAY HOMES LTD.
6350 STEELES AVENUE E, WARD 7
(AMANDA NO. 98 224944 SU) (7.0, 5.0)
Report
1) That
the report entitled “Development Charge Reimbursement Application – Village of
Fairtree by Forest Bay Homes Ltd., 6350 Steeles Avenue E, Ward 7 (AMANDA No. 98
224944 SU) ” be received; and,
2) That
Council authorize City Wide Hard Development Charge reimbursement not exceeding
$4,045,149, to Forest Bay Homes Ltd. for the construction of the extension of
Denison Street and Kirkham Drive and associated infrastructure, external to the
plan of subdivision, as set out on this report and all in accordance with the
City’s Development Charge Credit and Reimbursement Policy; and ,
3) That
Council authorize the reimbursement of any completed works to date, subject to
the approval of the Director of Engineering and the Treasurer; and,
4) That the Mayor and Clerk be authorized
to execute a Development Charge Reimbursement Agreement, if necessary, in
accordance with the City’s Development Charge Credit and Reimbursement Policy, with Forest Bay Homes Ltd., or their successors in title, to the satisfaction of the Treasurer and
City Solicitor; and further,
5) That staff be directed to do all things necessary
to give effect to this report.
Carried
(6) CONSULTING
ENGINEERING SERVICES
FOR THE HIGHWAY 404 NORTH
SECONDARY PLAN, WARD 2 (5.0)
Report
1) That
the report entitled “Consulting Engineering Services for the Highway 404 North
Secondary Plan, Ward 2” be received; and,
2) That
the tendering process for consulting engineering services for the Highway 404
North Secondary Plan, Ward 2 be waived in accordance with Purchasing By-Law
2017-8, Part II, Section 11.1 (h), which states “where it is necessary or in
the best interests 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,
3) That
the consulting engineering services for the detailed design of trunk municipal
services to service the Highway 404 North Secondary Plan be awarded to SCS
Consulting Group Limited in the amount of $1,230,502.27 Inclusive of HST
impact; and,
4) That a
10% contingency in the amount of $123,050.22 inclusive of HST impact (10% of
$1,230,502.27) be established to cover for any additional work and that the
authorization to approve expenditures of this contingency amount up to the
specified limit be in accordance with the Expenditure Control Policy; and,
5) That
the consulting engineering services for the preliminary design and property
protection for the north-east quadrant of the future Highway 404 interchange at
19th Avenue and widening of 19th Avenue be awarded to
CIMA+ in the amount of $44,367.36 Inclusive of HST impact; and,
6) That a
10% contingency in the amount of $4,436.73 inclusive of HST impact (10% of
$44,367.36) be established to cover for any additional work and that the
authorization to approve expenditures of this contingency amount up to the
specified limit be in accordance with the Expenditure Control Policy; and,
7) That
the total consulting engineering services in the amount of $1,402,356.58
($1,230,502.27 + 123,050.22 + $44,367.36 + $4,436.73) be funded from the
Development Charges Reserve; and,
8) That
this award be pre-approved as part of the 2019 Capital Budget process; and
further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(D) REPORT NO.26 - DEVELOPMENT SERVICES COMMITTEE
(June 11, 2018)
That the report of the Development Services Committee comprised of 1
item be received & adopted.
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Don Hamilton
(1) GEOTHERMAL-BASED COMMUNITY
ENERGY SYSTEM PILOT PROJECT
(WARDS 2 AND 6) (5.0)
Mattamy
Presentation Staff
Presentation Report
1) That
the presentations by Subhi Alsayed, VP, Sustainable Development, Mattamy Homes,
and Graham Seaman, Director, Sustainability & Asset Management, regarding
the Geothermal-Based Community Energy System Pilot Project (Wards 2 and 6) be
received; and,
2) That
the report entitled “Geothermal-Based Community Energy System Pilot Project
(Wards 2 and 6)”, dated June 11, 2018, be received; and,
3) That
Staff be directed to continue to negotiate with Mattamy and Enwave to address
outstanding issues; and,
4) That
Staff report back on the result of the negotiation, resolution of issues identified
by Staff, and provide comments on the implementation of community energy system
pilot project at a future Development Services Committee meeting; and,
5) That
the Mayor and Clerk be authorized to enter into agreements, as necessary, to
the satisfaction of the Chief Administrative Office and the City Solicitor, to
implement the Pilot Project; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
8. MOTIONS
(1) MOTION – DEVELOPMENT AND WILDLIFE (10.0)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Amanda Collucci
Whereas development displaces wildlife’s homes and
causes injury and death through habitat loss and the increase in automobiles.
Whereas the protection of wildlife and biodiversity is
paramount to the residents of the City of Markham
Therefore be it resolved that staff report back in
2019:
That staff report back on the relationship between
development and wildlife displacement and/or injury as well as the associated
costs to the City for development-related wildlife issues.
Carried
(2) MOTION – MINIMUM HEIGHT
RESTRICTIONS IN THE FUTURE URBAN AREA (10.0)
Moved by
Councillor Karen Rea
Seconded
Councillor Khalid Usman
Council agreed to
consider the motion on Minimum Height Restrictions in the Future Urban Area.
Carried by 2/3
"Whereas that given the
significant increase in the number of seniors in our community now and in the
near future; and,
Whereas our Official Plan, as
well as Provincial and Regional Policy, directs the creation of complete
communities, including providing a variety of housing for the full range of age
groups;
Therefore, be it resolved:
That City staff be directed to
ensure that the minimum building height in all of the Residential Mid Rise
designations in the Robinson Glen, Angus Glen, and Berczy Glen Secondary Plans be two storeys, and the minimum
height in all Residential Low Rise designations in the Robinson Glen, Angus
Glen Secondary and Berczy Glen Secondary
plans be one storey; and further,
That City staff report back on the feasibility of applying these
minimum requirement city-wide."
Carried as amended, by a recorded vote (10:3)
(See following recorded vote)
(See following to refer to matter to staff)
(See following to amend the motion)
Recorded vote, as amended
(10-3):
YEAS: Councillor Valerie Burke;
Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Regional Councillor
Jim Jones,
Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Khalid Usman, Councillor Alex
Chiu.
NAYS: Councillor Alan Ho, Mayor
Frank Scarpitti, Deputy Mayor Jack Heath
Motion to refer to staff:
That
the motion be referred to staff to review implications.
Lost
Council consented to add the following:
- "That Berczy Glen Secondary Plan be added and,
- That City staff report back
on the feasibility of applying these minimum requirement City-wide."
Carried
9. NOTICE OF MOTION TO RECONSIDER
There were no
notices of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) NEW/
OTHER BUSINESS - DECLARATION OF SURPLUS LANDS - 16 MOORE’S COURT LAND EXCHANGE
(8.6)
Map
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
Notices
of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
1) That
the notice of proposed sale for the City owned lands legally described as Part
of Block 19 on Plan 65M-4290, depicted as Part 1 on Plan 65R-37850, City of
Markham, Regional Municipality of York (the “City’s Lands”) be confirmed.
(In-Camera
Item No. 4 – June 26, 2018 Council Meeting)
Carried
(2) NEW/
OTHER BUSINESS - DIVERSITY OF HOUSING IN THE FUTURE URBAN AREA (10.0)
Memo
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
1) The
memorandum "Diversity of Housing in the Future Urban Area", be
received.
Carried
(3) NEW/
OTHER BUSINESS - PARKLAND DEDICATION (10.0)
Written Communication
Moved by
Councillor Khalid Usman
Seconded by Councillor Colin Campbell
That the rules of procedure be waived in order
to allow Martin Quarcoopome to address Council on an item not on the agenda.
Carried by 2/3
Moved by
Regional Councillor Jim Jones
Seconded by Councillor Karen Rea
1) That the deputation of
Martin Quarcoopome be received and,
2) That the matter be
referred to staff.
(4) NEW/ OTHER BUSINESS - TERM LIMIT FOR MUNICIPAL COUNCILLORS (16.23)
Councillor Karen
Rea inquired why the motion on Term Limits for Municipal Councillors from the
September 4, 2018 General Committee meeting was not on the Council agenda.
Kimberley Kitteringham, City Clerk advised that based on the City's Procedural
By-law and past practice, motions lost at the Standing Committee level are not
brought to Council as there is no recommendation for Council to consider.
(5) NEW/ OTHER BUSINESS – TABLE TENNIS BUILDING
PERMIT (6.0)
Regional Councillor Joe Li
inquired on the status of the Table Tennis Building permit. The Mayor advised
that staff are looking into the matter.
(6) NEW/ OTHER BUSINESS – CANADA DAY FUNDRAISING
(7.0)
Councillor Amanda Collucci
thanked Regional Councillor Jim Jones for his support in raising $30,000 in
additional funds for the Canada Day celebration.
11. ANNOUNCEMENTS
(1) COUNCILLOR ALEX CHIU –
WITHDRAWING AS CANDIDATE FOR WARD 8 (16.23).
Announcement
At the start
of the meeting, Councillor Alex Chiu announced that he is withdrawing his name for
consideration as a candidate for Ward 8.
It was noted
that under the Municipal Elections Act, the deadline has passed for the
withdrawal of nominations, and that candidate Alex Chiu's name will still be
included in the ballot in the upcoming October 22, 2018 Municipal elections.
Moved by Deputy
Mayor Jack Heath
Seconded by Regional
Councillor Jim Jones
1) That
the comments of Councillor Alex Chiu be received and that the Markham City
Council extend its sincere appreciation to Councillor Alex Chiu for his 33
years of public service to Markham.
Carried Unanimously
12. BY-LAWS
That By-laws 2018-110
to 2018-132, and 2018-134 be given three readings and enacted.
Moved by Councillor
Don Hamilton
Seconded by Councillor
Alex Chiu
Three Readings
BY-LAW 2018-110 ROAD DEDICATION BY-LAW (CASTLEMORE
AVENUE)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Block
3, (Reserve) Plan 65M-3833 - Castlemore Avenue)
By-law
Carried
BY-LAW 2018-111 CULTURAL HERITAGE BY-LAW (JOSEPH WIDEMAN HOUSE)
A By-law to designate a property as being of cultural heritage value
of interest – Joseph Wideman House.
By-law
Carried
BY-LAW 2018-112 A BY-LAW TO AMEND FENCE BY-LAW 277-97
By-law
Carried
BY-LAW 2018-113 A BY-LAW TO AMEND SIGN BY-LAW 2002-94
To amend Bylaw 2002-94 being a
By-law to prohibit and
regulate signs and other advertising devices and the posting of notices on
building or vacant lots within the City of Markham.
By-law
Carried
BY-LAW 2018-114 A BY-LAW TO AMEND NOISE BY-LAW 2017-74
To amend By-law 2017-74 being a By-law to regulate noise in the City of Markham.
By-law
Carried
BY-LAW 2018-115 A BY-LAW TO AMEND TREE BY-LAW 2008-96
To amend By-law 2008-96 being a By-law to regulate or prohibit the injury or destruction of trees within the
City of Markham.
By-law
Carried
BY-LAW 2018-116 MUNICIPAL ACCOMMODATION TAX BY-LAW
(Item No.11, Report No. 33)
By-law
Carried
BY-LAW 2018-117 ROAD DEDICATION BY-LAW (VERDALE
CROSSING)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Block 22, Plan 65M-4294 – Verdale Crossing)
By-law
Carried
BY-LAW 2018-118 ROAD DEDICATION BY-LAW
A
by-law to dedicate certain lands as part of the highways of the City of
Markham:
1.
Block 269, (Reserve) Plan 65M-3840 - Maryterance Court.
2.
Block 291, (Reserve) Plan 65M-3840 - Stoney Stanton Road.
3.
Block 292, (Reserve) Plan 65M-3840 - Lane 16.
By-law
Carried
(By-law
2018-119 approved by LPAT)
(For
information only to facilitate the assignment of a By-law number)
BY-LAW 2018-119 4031 16th AVENUE (UNIONVILLE) INC., 4031 16TH
AVENUE, ZONING BY-LAW AMENDMENT APPROVED BY LOCAL PLANNING APPEAL TRIBUNAL
(LPAT)
A
By-law to amend By-law 134-79, as amended, to delete the lands from the
designated area of By-law 134-79, incorporate them into the designated area of
By-law 177-96 (the New Urban Area By-law), as amended.
(Communication No. 27-2018)
By-law
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lots 1 to
21 (inclusive) and 24 to 39 (inclusive), Registered Plan 65M-4619.
By-law
Carried
BY-LAW 2018-121 A
BY-LAW TO CHANGE A CERTAIN STREET NAME IN THE CITY OF MARKHAM (ANTHONY ROMAN
AVENUE TO POPE JOHN PAUL II SQUARE)
By-law
Carried
BY-LAW 2018-122 A
BY-LAW TO REPEAL IN PART, PART LOT CONTROL EXEMPTION BY-LAW 180-84
By-law
Carried
BY-LAW 2018-123 NEAMSBY INVESTMENTS INC., 1443 DENISON STREET, AMENDMENT TO THE IN FORCE OFFICIAL PLAN
(REVISED 2014), AS AMENDED
A by-law to adopt an Official Plan Amendment to the in force Official
Plan (Revised 2014), as amended, to provide for
a sports and fitness recreation use as a discretionary use through a new site
specific policy applicable to the subject lands.
(Item No.6,
Report No. 30 - June 26, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-124 NEAMSBY INVESTMENTS INC., 1443 DENISON STREET, ZONING BY-LAW
AMENDMENT
A By-law to amend
By-law 108-81, as amended, to provide for a sports and
fitness recreation use as a discretionary use through a new site specific policy
applicable to the subject lands.
(Item No.6,
Report No. 30 - June 26, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-125 NOBLEE HOMES CORPORATION, 4671 14TH AVENUE, ZONING BY-LAW AMENDMENT
A By-law to amend
By-law 193-81, as amended to facilitate the severance and future construction
of two new single-detached dwellings.
(Item No. 1,
Report No. 8 – February 27, 2018 Council Meeting)
By-law
Carried
BY-LAW 2018-126 2019 TEMPORARY BORROWING BY-LAW
By-law
to authorize temporary borrowing to meet the expenditures of the City of
Markham until taxes are collected and other revenues received.
(Item No. 4,
Report No. 33)
By-law
Carried
BY-LAW 2018-127 FOREST BAY HOMES, LOTS 1, 41 AND 42 PLAN 65M-4619, VILLAGES OF
FAIRTREE – EAST VILLAGE, HOLD REMOVAL BY-LAW.
A
by-law to amend By-law 2015-6 to remove the Holding (H1) zoning provision.
By-law
Carried
BY-LAW 2018-128 DIGRAM DEVELOPMENTS
MARKHAM 2 INC., NORTH OF CASTLEMORE AVENUE, EAST SIDE OF SWAN PARK ROAD, ZONING BY-LAW AMENDMENT
A
By-law to amend By-law 177-96, as amended, to permit residential development on
the lands in addition to zoning two (2) Vegetation Protection Zone (VPZ)
blocks.
(Item
No. 4, Report No. 35)
By-law
Carried
BY-LAW 2018-129 KALEXIA DEVELOPMENT CORPORATION, PART LOT
CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Blocks 1-6 on Registered Plan 65M-4621
By-law
Carried
BY-LAW 2018-130 LANE DESIGNATION BY-LAW
A
by-law to designate lanes on City of Markham roads for the exclusive use of
certain classes of vehicles.
By-law
Carried
BY-LAW 2018-131 A
BY-LAW TO CHANGE A CERTAIN STREET NAME IN THE CITY OF MARKHAM (RIVIS ROAD TO UNIVERSITY BOULEVARD)
By-law
Carried
BY-LAW 2018-132 10945 VICTORIA SQUARE BLVD, PART LOT CONTROL EXEMPTION BY-LAW
A
by-law to designate part of a certain plan of subdivision not subject to part
lot control, Blocks 20-25 on Registered Plan 65M-4612
By-law
Carried
BY-LAW 2018-134 ONE PIECE (MS) DEVELOPMENTS INC., NORTH OF ENTERPRISE BLVD, WEST
OF MAIN STREET UNIONVILLE, ZONING BY-LAW AMENDMENT
A By-law to amend By-law 122-72 and By-law 2004-196, as amended to permit a proposed development accommodating approximately
673 residential units and up to 1700 square metres of retail uses in 29 and 33
storey buildings.
(Item No.1,
Report No. 32 – June 26, 2018 Council Meeting)
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by
Councillor Khalid Usman
Seconded
by Councillor Alex Chiu
That,
in accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session at 9:48 PM.
Carried
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
JUNE 26, 2018 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f)]
General Committee - September 4, 2018
(2) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.3)
[Section 239 (2) (b)]
(3) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD (WARD 7) (8.6)
[Section 239 (2) (a)]
(4) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.2)
[Section 239 (2) (a)]
(5) LABOUR RELATIONS OR EMPLOYEE
NEGOTIATIONS (3.19 & 11.0)
[Section 239 (2) (d)]
Development Services Committee - September 4,
2018
(6) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – MINOR VARIANCE APPLICATION APPEAL – 2915 BUR OAK AVENUE (WARD
5) (8.0)
[Section
239 (2) (e)]
(7) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – 2404099 ONTARIO LIMITED (JD DEVELOPMENT GROUP) (WARD 7) (8.0)
[Section
239 (2) (e)]
(8) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – SIXTEENTH LAND HOLDINGS INC., 4134 16TH AVENUE
(YORK DOWNS GOLF COURSE) (WARD 6)(8.0)
[Section
239 (2) (e)]
Moved by Regional
Councillor Joe Li
Seconded by Councillor
Valerie Burke
That
Council rise from the confidential session at 11:14 PM.
Carried
The confidential items were
approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
JUNE 26, 2018 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That
the Council Confidential Minutes dated June 26, 2018 be confirmed.
Carried
General
Committee - September 4, 2018
(2) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (7.3)
[Section 239 (2)
(b)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That
the report entitled “Properties Ready for Tax Sale Registration” be received.
Carried
(3) THE SECURITY OF THE
PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (WARD 7) (8.6)
[Section 239 (2)
(a)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That the
confidential report regarding the security of the property of the municipality
or local board be received; and,
2) That
notice of the proposed surplus declaration in respect of the following lands,
being 0.3 metre reserves and road widening lands adjacent to roads under the
jurisdiction of The Regional Municipality of York, be published in the public
agenda for the next Council meeting:
·
Block 7 on Plan
65M-4141 (road widening);
·
Blocks 12 and 16
on Plan 65M-4141(0.3 metre reserves);
·
Blocks 62 and 63
on Plan 65M-3970 (0.3 metre reserves);
·
Part of Lots 4
and 5, Concession 9, designated as Part 4 on Plan 65R-30962 (0.3 metre
reserve);
·
Blocks 14 and 19
on Plan 65M-4141 (0.3 metre reserves);
·
Part of Blocks
374 and 375, Plan 65M-3838, designated as Parts 15, 16, and 18 on Plan
65R-30962 (0.3 metre reserves); and
·
Part of Block
375, Plan 65M-3838, designated as Part 17 on Plan 65R-30962 (road widening).
Carried
(4) THE SECURITY OF THE
PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.2)
[Section 239 (2)
(a)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That the
confidential report regarding the security of the property of the municipality
or local board be received; and,
2) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
(5) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS (3.19 & 11.0)
[Section 239 (2)
(d)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor Alex Chiu
1) That the
confidential report regarding labour relations or employee negotiations be
received; and,
2) That staff be authorized
and directed to do all things necessary to give effect to this resolution.
Carried
Development
Services Committee - September 4, 2018
(6) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD – MINOR VARIANCE APPLICATION APPEAL – 2915 BUR OAK
AVENUE (WARD 5) (8.0)
[Section 239 (2) (e)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That the confidential report titled
“Minor Variance Application Appeal, Annie Ai-Ling Cheng, 2915 Bur Oak Avenue”
be received; and,
2) That Council direct the City Solicitor
and Staff to attend the Local Planning Appeal Tribunal (LPAT) hearing in
support of the decision of the Committee of Adjustment to deny the minor
variances related to the proposal of a fourplex dwelling; and further,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
(7) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD – 2404099 ONTARIO LIMITED (JD DEVELOPMENT GROUP)
(WARD 7) (8.0)
[Section 239 (2) (e)]
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Alex Chiu
1) That
the Confidential Report titled “2404099 Ontario Limited (JD Development Group),
Applications for Zoning By-law Amendment and Site Plan Approval to permit 258
stacked townhouse units and 11 dual-purpose units (south west corner of Markham
Rd. and Denison Street in Ward 7) ” be received; and,
2) That the City Solicitor or their
designate and all necessary Staff be directed to attend the Local Planning
Appeal tribunal (LPAT) hearing to support the settlement of the appeal made by
2404099 Ontario Limited, as described in this report; and,
3) That Council approve in principle the
Zoning By-law Amendment application to
rezone the subject lands from Special Commercial One (SC1) under By-law 90-81,
as amended, to Community Amenity One (CA1) under By-law 177-96, as amended,
with site specific development standards attached in draft as Appendix ‘A’;
and,
4) That Council endorse in principle the
site plan application for 258 stacked townhouse units and 11 dual-purpose
units; and,
5) That Council assign in principle
servicing allocation for 269 townhouse units to the proposed development; and,
6) That Council authorize the City
Solicitor to enter into Minutes of Settlement reflecting the terms of this
report; and,
7) That staff be directed to review
the collision data and re-evaluate traffic engineering options to improve
safety at the Denison Street/Marydale Avenue and report back to a future
Development Services Committee meeting; and,
8) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
(8) LITIGATION OR POTENTIAL
LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE
MUNICIPALITY OR LOCAL BOARD – SIXTEENTH LAND HOLDINGS INC., 4134 16TH
AVENUE (YORK DOWNS GOLF COURSE) (WARD 6)(8.0)
Moved by Councillor
Amanda Collucci
Seconded by Regional
Councillor Jim Jones
1) That the Confidential Recommendation Report dated September
10th, 2018 titled, “Sixteenth Land Holdings Inc., 4134 16th
Avenue (York Downs Golf Course), North of 16th Avenue, west of
Kennedy Road, Legal advice regarding settlement of an appeal, Applications for
Official Plan and Zoning By-law amendments, and Draft Plans of Subdivision
Approval to permit a new residential neighbourhood”, be received; and,
2) That the confidential presentation entitled “Sixteenth Land
Holdings Inc. 4134 16th Avenue (York Downs Golf Course) Development
Phasing & Transportation Triggers” by Brian Lee, Director of Engineering be
received; and,
3) That the City Solicitor or designate be directed to attend
the Local Planning Appeal Tribunal (LPAT) hearing in support of the
applications, subject to the conditions and recommendations set out in this
resolution and in the report; and,
4) That Council support approval of the Draft Plan of
Subdivision and conditions of draft plan approval; the Official Plan Amendment;
and the Zoning By-law Amendment contained in this report, amended to include the following changes:
·
Prior to registration of the
first phase of Stage A (max. 559 units), improvements to all approaches of the
16th Avenue/Kennedy Road intersection will be designed and approved,
financially secured, and construction commenced;
·
Prior to registration of the
second phase of Stage A (beyond 559 units), improvements to all approaches of
the 16th Avenue/Kennedy Road intersection will be completed and
operational;
·
Prior to registration of the
second phase of Stage A (beyond 559 units), improvements to all approaches of
the 16th Avenue/Warden Avenue intersection will be designed and
approved, financially secured, and construction commenced;
·
Prior to registration of the
first phase of Stage B (beyond 1099 units), improvements to all approaches of
the 16th Avenue/Warden Avenue intersection will be completed and
operational;
·
Prior to registration of the
first phase of Stage B, (beyond 1099 units), York Region’s 16th
Avenue Environmental Assessment is approved;
·
Prior to
registration of the first phase of Stage B (beyond 1099 units), the widening of
16th Avenue from Warden Avenue to Kennedy Road is in York Region’s
10-year Roads and Transit Capital Construction Program;
·
Prior to
registration of the first phase of Stage B (beyond 1099 units), detailed design
of the widening of 16th Avenue from Warden Avenue to Kennedy Road is
completed and approved; and,
·
Prior to the registration of
the second phase of Stage B (at 1,500 units), the widening of 16th
Avenue from Warden Avenue to Kennedy Road is completed; and,
·
Notwithstanding the above
conditions for 16th Avenue widening, if alternative measures or
improvements are available to mitigate the transportation impact of the
development through real-time, periodic monitoring, compared with the traffic
conditions prior to any construction of development (i.e. first phase Stage A),
to the satisfaction of Regional staff and City of Markham staff, the above
transportation conditions related to 16th Avenue widening may be
considered satisfied for the purpose of registration; and,
·
That the height of the
condominium development (Block 26) be limited to 4 storeys at the south end of
the block and 6 storeys at the north end of the block; and,
5) That staff be authorized to finalize the content of the
official plan amendment, zoning by-law amendment, and conditions of draft plan
approval with the applicant, in consultation with applicable public agencies
and in accordance with this report; and,
6) That the 4134 16th Avenue (York Downs) Community
Design Plan, dated May 18, 2018 prepared by MBTW-WAI be approved in principle
subject to the following revisions:
·
Updated Figures to reflect the current
community design concept plan;
·
Update Section 2.0 - Sustainable Development
Principles to comply with the “Draft Subdivision of Land Low-rise Housing
checklist”;
·
Updated cross-section for Figure 8 to indicated
the second row of trees;
·
Update figures 11 and 12 to conform to comply
with fire requirements;
·
Update to Section 3.3.3 - 16th
Avenue Special Character Area to reflect City of Markham Urban Design
Guidelines for mixed use blocks;
·
Update Section 4.4 to reflect current direction
High Density Residential Product;
·
Update Section 4.5 and 4.7 to reflect City of
Markham Urban Design Guidelines for mixed use blocks and the additional design
principles proposed;
·
Update Section 6.0 to reflect revised parkland
configurations;
·
Update Section 7.0 to reflect updated zoning
requirements;
·
Update Section 8.0 A to reflect Updated
Sustainable Development Principles to comply with the “Draft Subdivision of
Land Low-rise Housing checklist”;
·
Update Section 8.0 C to include a “laneway
coach house” option.
7) That
Council authorize the City Solicitor or designate to prepare and execute
minutes of settlement with the appellants and other parties as applicable, in a
form satisfactory to the City Solicitor and the Commissioner of Development
Services, in accordance with this resolution and the report and including the
following items, subject to the Ratepayers Associations that are parties to the
LPAT appeal, agreeing to withdraw from the hearing;
·
That no drive-through facilities shall be
permitted at the south end of the mixed-use block (Block 25), but may be permitted at the
north end of the mixed-use block
(Block 25); and,
·
That a six metre wide, double treed buffer block
shall be provided north of 16th Avenue abutting the commercial
uses in Block
No. 25; and,
·
That a six meter wide window street and a three
meter wide buffer block be provided in front of the residential uses fronting
onto 16th Avenue in Block 25; and,
·
That at least 50 percent of Block No. 25 fronting
on to 16th Avenue shall be for reserved for residential uses;
8) That in accordance with the provisions
of subsection 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the
Owner shall through this Resolution, be permitted to apply to the Committee of
Adjustment for variances from the provisions of Zoning By-law Amendment
referred to Resolution No. 4 above, excluding any increase
in the permitted number of storeys and increase in density, before
the second anniversary of the day on which the by-law is approved; and,
9) That Council assign servicing allocation for the
development; and,
10) That the Mayor and Clerk be authorized to enter into a tree
planting agreement and a trails agreement with the applicants; and,
11) That City Staff be
directed to have the Environmental Plan be peer reviewed, save and except the
portions of the Plan that have been approved or in respect of which permits
have been issued and especially related to Barn Swallows, at the applicant’s expense; and,
12) That staff request the Ministry of Natural Resources and
Forestry to provide confirmation of approval under the Environmental Protection
Act for any plan registration impacting the barn swallows; and,
13 That all trees planted on the site be guaranteed for two
years, and if a planted tree fails the replacement tree shall be guaranteed for
an additional two years; and further,
14) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried by a recorded vote for Resolution
Nos., 1 to 10, and 14 (10:3)
(See following recorded vote)
Carried by a recorded vote for Resolution
Nos. 11, 12 and 13 (13:0)
(See following recorded vote)
(See following to bring the matter forward)
Recorded vote for the adoption of Recommendation Nos. 1 to 10 and
14:
YEAS: Councillor Alan Ho, Councillor Don Hamilton, Regional Councillor Nirmala
Armstrong,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Khalid Usman, Councillor Alex
Chiu.
NAYS: Councillor
Valerie Burke, Councillor Karen Rea, Deputy Mayor Jack Heath
Recorded vote for the adoption of Recommendation Nos. 11, 12 and 13:
YEAS: Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala
Armstrong,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Councillor Colin
Campbell,
Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Alex Chiu.
NAYS: None
Motion to consider the matter:
Moved
by Regional Councillor Nirmala Armstrong
Seconded by
Councillor Valerie Burke
Council consented to consider the matter related to the
York Downs Golf Course following the deputations with respect thereto.
Carried
14. CONFIRMATORY BY-LAW
That By-law 2018-133
be given three readings and enacted.
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
Three Readings
BY-LAW 2018-133 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER
12, 2018.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor Valerie Burke
That the Council Meeting be adjourned at 1:21 AM on September 13, 2018.
Carried
________________________________ _____________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor