Council
Minutes
November
14, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 17
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional
Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Alan Ho,
Councillor Don Hamilton, Councillor Karen Rea, Councillor Colin Campbell,
Councillor Logan Kanapathi, Regional Councillor Joe Li, Councillor Amanda
Collucci, Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Brian Lee, Acting Commissioner of Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Sally Campbell, Manager,
Development, Planning & Urban Design
Bryan Frois, Mayor's Chief
of Staff
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Andrea Berry, Senior
Manager, Corporate Communications & Community Engagement
Erynn Sally, Media Relations
Co-ordinator
The meeting of
Council convened at 7:00 PM on November 1, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
Nov.
1 Nov
6-1:00 pm Nov
6-7:00 pm
Moved by
Councillor Alex Chiu
Seconded by
Councillor Valerie Burke
1) That the Minutes of the
Council Meetings held on November 1, November 6 (1:00 pm) and November 6 (7:00
pm), 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATION
- RECOMMENDATION FROM
LICENSING COMMITTEE HEARING (4
HEDGEWOOD DRIVE) (2.0)
Andrea
McWhirter, appellant, appeared before Council and requested that the requirement
for a replacement tree or cash-in-lieu be waived.
(See New/Other
Business Item No. 3 for Council's decision on this matter)
(2) DEPUTATIONS - APPLICATION FOR
605918 ONTARIO LTD. AT 8651 9TH LINE, IN CORNELL CENTRE (WARD 5)
(10.7, 10.3)
The following
individuals addressed Council and spoke in objection to the staff report
recommendation:
1. Eira Keay
2. Deb Burton
3. John Himanen
4. B. Sampson
5. Sam Priestley
Niomie Massey – on behalf of the applicant
addressed Council and provided details regarding the application.
(See Item No 2, Report No.
45 for Council's decision on this matter)
5. COMMUNICATIONS
Moved by
Deputy Mayor Heath
Seconded by
Councillor Alex Chiu
That Council
receive and consent to the disposition of communications in the following
manner:
Received
34-2017 COMMUNICATIONS REGARDING APPLICATION
FOR
605918 ONTARIO
LTD. AT 8651 9TH LINE, IN CORNELL CENTRE
(WARD 5) (10.7,
10.3)
Correspondence
1. Email dated November 13th, 2017 from
Kathryn Wright, providing comments.
2. Email dated November 13th, 2017 from
Fred & Donna Kendall, providing comments.
3. Email dated November 13th, 2017 from
Cathy Harvey, providing comments.
4. Email dated November 13th, 2017 from
Esther Attard & Andrew Cotton, providing comments.
5. Email dated November 13th, 2017 from
Donald Wood, providing comments.
6. Email dated November 13th, 2017 from
Mike Gannon, providing comments.
7. Email dated November 14th, 2017 from
Joely McEwen, providing comments.
8. Email dated November 14th, 2017 from
Joan Wood, providing comments.
9. Email dated November 14th, 2017 from
Marc Arakill, providing comments.
10. Email dated November 14th, 2017 from
Jeff McLeod, providing comments.
11. Email dated November 14th, 2017 from
Donna Dougan, providing comments.
12. Letter dated November 14th, 2017
from the Box Grove Connected Residents Association, providing comments.
Carried
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Joe Kanapathi
1) That the following new request for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- Human
Rights Day (December 10, 2017); and,
2) 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:
- Human Rights Day Flag
(December 9, 2017)
(Organized by Markham Race Relations Committee)
; and further,
3) That the following new request for
proclamation, 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:
- Complex Regional Pain
Syndrome/Reflex Sympathetic Dystrophy Syndrome (CRPS/RSD) Awareness Day
(November 6, 2017).
Carried
7(A) REPORT
NO. 45 - DEVELOPMENT SERVICES COMMITTEE
(October 30, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 45 - Development Services Committee comprised of 4 items be received and
adopted, except Items 1 and 2. (See
following Item Nos. 1 and 2)
(1) ADMINISTRATIVE
AMENDMENT TO
CITY OF MARKHAM SPEED LIMIT
BY-LAW 105-71 (5.12)
Memo Attachment
A
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
1) That
the memorandum dated October 30, 2017 entitled “Administrative Amendment to
City of Markham Speed Limit By-Law 105-71" be received; and,
2) That
the memorandum dated November 14, 2017 entitled "City of Markham Speed
Limit By-law 105-71 - Supplemental Information" be received; and further,
3) That
an amendment to the Speed Limit By-law is necessary in order to align with the
Ontario Highway Traffic Act (R.S.O. 1990), correct various errors, and provide
an updated, accurate and consolidated legal document. Therefore, City staff recommends that Council
repeal Speed Limit By-law 105-71 and replace it with the proposed 2017 Speed
Limit By-law, as per Attachment “A”.
Carried
(2) RECOMMENDATION
REPORT
605918 ONTARIO LTD.
PROPOSED DRAFT PLAN OF
SUBDIVISION 19TM-16009
AND OFFICIAL PLAN AMENDMENT
APPLICATIONS
FOR MIXED USE, MID/HIGH RISE
BUILDINGS
AT 8651 9TH LINE,
IN CORNELL CENTRE (WARD 5)
SU 16 117108, OP 16 117108
(10.7, 10.3)
Report
Sally Campbell, Manager, Development,
Planning & Urban Design, provided a presentation
outlining the details of the staff report, as presented at the Development
Services Committee meeting held on October 30, 2017. Discussion on the matter ensued.
Moved by
Councillor Colin Campbell
Seconded by
Regional Councillor Nirmala Armstrong
1) That
the report entitled “RECOMMENDATION REPORT, 605918 Ontario Ltd. Proposed Draft
Plan of Subdivision 19TM-16009 and Official Plan Amendment applications for
mixed use, mid/high rise buildings at 8651 9th Line, in Cornell Centre (ward
5), Files SU/OP 16 117108”, be received; and,
2) That
the record of the Public Meeting held on April 10, 2017, regarding the
applications for Draft Plan of Subdivision 19TM-16009 and Official Plan
Amendment, be received;
3) That the deputations by Eira Keay, Deb
Burton, John Himanen, B. Sampson, Sam Priestley and Niomie Massey (on behalf of
the applicant) be received; and that the written correspondence from Jeff
McLeod, Donna Dougan and Nimisha Patel on behalf of Box Grove Connected be
received, and,
4) That Draft Plan of Subdivision
19TM-16009 submitted by 605918 Ontario Ltd., be draft approved subject to the
conditions outlined in Appendix ‘A’; and,
5) That the Director of Planning and Urban
Design, or his designate be delegated authority to issue draft approval,
subject to the conditions set out in Appendix ‘A’ as may be amended by the
Director of Planning and Urban Design, including the addition of TRCA
conditions; and,
6) That the draft plan approval for Plan
of Subdivision 19TM- 16009 will lapse after a period of five (5) years from the
date of Council approval in the event that a subdivision agreement is not
executed within that period; and,
7) That the Official Plan Amendment
application submitted by 605918 Ontario Ltd.
to amend the Cornell Secondary Plan (2008) be approved, and that the
draft Official Plan Amendment attached as Appendix ‘B’ be finalized and enacted
without further notice; and,
8) That the City Clerk advise the Region
of York that the Official Plan Amendment application submitted by 605918
Ontario Ltd. has been approved, and that the City has no objection to the
Region of York removing the subject lands from Deferral 2 Area in the Cornell
Secondary Plan (2008); and,
9) That prior to approval of a Zoning
By-law Amendment application on the subject lands, staff hold a design
charrette to inform the urban built form including elements such as building
location, height, massing, streetscape, etc. for the wider area between Highway
7 and Rustle Woods Avenue and between 9th Line and Bur Oak Avenue,
and further,
10) That Staff be authorized and directed to
do all things necessary to give effect to this resolution.
Carried as amended by a recorded vote (8:5)
(See following for recorded vote)
(See following to amend)
(See following to consider the matter)
(See following to reconsider the matter)
YEAS: Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor
Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Alan Ho Councillor Don Hamilton, Councillor Karen
Rea, Deputy Mayor Jack Heath (5)
Moved
by Regional Councillor Jones
Seconded
by Councillor Colin Campbell
That an additional clause be added as #9 and
that the remaining clauses be renumbered accordingly:
9. That prior to approval of a Zoning
By-law Amendment application on the subject lands, staff hold a design
charrette to inform the urban built form including elements such as building
location, height, massing, streetscape, etc. for the wider area between Highway
7 and Rustle Woods Avenue and between 9th Line and Bur Oak Avenue,
and further,
Carried by recorded vote (10:3)
(See following recorded vote)
YEAS: Councillor
Alan Ho, 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 Logan Kanapathi, Councillor
Alex Chiu. (10)
NAYS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea (3)
The recommendation as amended was carried by a
recorded vote, after which Council immediately requested reconsideration in
order to clarify the intent of the motion.
See following for resolution that was reconsidered.
Moved by Councillor Colin Campbell
Seconded by Regional Councillor Nirmala
Armstrong
1)
That the report
entitled “RECOMMENDATION REPORT, 605918 Ontario Ltd. Proposed Draft Plan of
Subdivision 19TM-16009 and Official Plan Amendment applications for mixed use,
mid/high rise buildings at 8651 9th Line, in Cornell Centre (ward 5), Files
SU/OP 16 117108”, be received; and,
2) That
the record of the Public Meeting held on April 10, 2017, regarding the
applications for Draft Plan of Subdivision 19TM-16009 and Official Plan
Amendment, be received; and,
3) That Draft Plan of Subdivision
19TM-16009 submitted by 605918 Ontario Ltd., be draft approved subject to the
conditions outlined in Appendix ‘A’; and,
4) That the Director of Planning and Urban
Design, or his designate be delegated authority to issue draft approval,
subject to the conditions set out in Appendix ‘A’ as may be amended by the
Director of Planning and Urban Design, including the addition of TRCA
conditions; and,
5) That the draft plan approval for Plan
of Subdivision 19TM- 16009 will lapse after a period of five (5) years from the
date of Council approval in the event that a subdivision agreement is not
executed within that period; and,
6) That prior to consideration of the
Official Plan Amendment application submitted by 605918 Ontario Ltd. to amend the Cornell Secondary Plan (2008)
being approved, staff hold a design charrette as part of the secondary plan for
the entire area of Cornell Centre, and that the draft Official Plan Amendment
attached as Appendix ‘B’ be finalized and enacted without further notice; and,
7) That the City Clerk advise the Region
of York that the Official Plan Amendment application submitted by 605918
Ontario Ltd. has been approved, and that the City has no objection to the
Region of York removing the subject lands from Deferral 2 Area in the Cornell
Secondary Plan (2008); and further,
8) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried as amended on a recorded
vote (8:5)
(See following for recorded vote)
YEAS: Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor
Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Alan Ho Councillor Don Hamilton, Councillor Karen
Rea, Deputy Mayor Jack Heath (5)
Moved by Councillor Colin Campbell
Seconded by Councillor Amanda Collucci
That Council waive the rules of procedure in
order to reconsider Item 7(A) 2 of Report No. 45 of the Development Services
Committee.
Carried by a 2/3 vote
Moved by Councillor
Karen Rea
Seconded by Deputy
Mayor Jack Heath
That Council
consider the applications for a Draft Plan of Subdivision and Official Plan
Amendment by 605918 Ontario Ltd. immediately following the deputations with respect thereto.
Carried
(3) RECOMMENDATION
REPORT
CORRADO GAZZE HOLDINGS LIMITED
C/O CREATIVE HOME SOLUTIONS
ZONING BY-LAW AMENDMENT AND
SITE PLAN CONTROL APPLICATION TO
PERMIT A
PROPOSED SIX-STOREY 117 UNIT
CONDOMINIUM
APARTMENT BUILDING AT 9700 9TH
LINE, WARD 5
FILES ZA 16 124169 AND SC 16
124169 (10.5, 10.6)
Report
1) That
the report titled “RECOMMENDATION REPORT, Corrado Gazze Holdings
Limited c/o Creative Homes Solutions, Zoning By-law Amendment and Site Plan
Control application to permit a proposed six-storey 117 unit condominium
apartment building at 9700 9th Line, Ward 5, Files ZA 16 124169 and SC
16124169”, dated October 16, 2017, be received; and,
2) That
the record of the Public Meeting held on April 12th, 2016 regarding the
Official Plan and Zoning By-law Amendment applications submitted by Corrado
Gazze Holdings Limited (OP/ZA 15 124169), be received; and,
3) That
the Zoning By-law Amendment (ZA 16 124169) submitted by Corrado Gazze Holdings
Limited c/o Creative Homes Solutions to amend By-laws 304-87, as amended and
177-96, as amended, be approved, and the draft Zoning By-law Amendment attached
as Appendix ‘A’ be finalized and adopted without further notice; and,
4) That
the Site Plan application (SC 16 124169) submitted Corrado Gazze Holdings
Limited c/o Creative Homes Solutions to facilitate a development consisting of
a six-storey condominium apartment
building be endorsed in principle, subject to the conditions attached as
Appendix ‘B’; and,
5) That
Site Plan Approval (SC 16 124169) 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 Section 37 Agreement; and,
6) 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,
7) That
the City’s 2009 Policy requiring all medium and high density residential
developments to achieve at least LEED Silver, be waived, subject to the
implementation of the sustainability initiatives outlined in this report, to
the satisfaction of the Commissioner of Development Services; and further,
8) That
Staff be authorized to do all things necessary to give effect to this
resolution.
Carried
(4) RECOMMENDATION REPORT
NATIONAL HOMES (OLD KENNEDY) INC.,
APPLICATIONS FOR DRAFT PLAN OF
SUBDIVISION
AND ZONING BY-LAW AMENDMENT TO PERMIT
SIXTY-NINE (69) TOWNHOUSE UNITS AND
SEVEN (7) LIVE-WORK UNITS
AT 146 OLD KENNEDY ROAD (WARD 8),
FILE NOS. SU/ZA 16 138057 (10.7, 10.5)
Report
1) That
the report titled “National Homes (Old Kennedy) Inc., Applications for Draft
Plan of Subdivision and Zoning By-law Amendment to permit sixty-nine (69)
townhouse units and seven (7) live-work units at 146 Old Kennedy Road (Ward 8),
File Nos. SU/ZA 16 138057”, be received; and,
2) That
the record of the Public Meeting held on May 2, 2017 regarding the proposed
Draft Plan of Subdivision and implementing Zoning By-law Amendment, be
received; and,
3) That
Draft Plan of Subdivision 19TM-16012 (SU 16 138057) be approved subject to the
conditions of draft approval set out in Appendix ‘A’ of this report; and,
4) That
the Director of Planning and Urban Design or his designate, be delegated
authority to issue draft plan approval, subject to the conditions set out in
Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or
his designate; and,
5) That
the Zoning By-law Amendment application (ZA 16 138057) submitted by National
Homes (Old Kennedy) Inc., be approved and the draft implementing Zoning By-law,
attached as Appendix ‘B”, be finalized and enacted without further notice, once
the Parking Justification Report has been reviewed to staff’s satisfaction;
and,
6) That
servicing allocation for sixty-nine (69) townhouse units and seven (7)
live-work units be assigned to this project subject to receiving a letter from
the Trustee for the Landowner’s Group confirming the Applicant is in good
standing; and,
7) That
the City reserves the right to revoke or reallocate servicing allocation should
the development not proceed in a timely manner; and,
8) That
the draft approval for plan of subdivision 19TM-16012 will lapse after a period
of three (3) years commencing on the date of issuance of draft plan approval,
in the event that a subdivision agreement is not executed within that period;
and further,
9) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(B) REPORT
NO. 46 - GENERAL COMMITTEE (November 6, 2017)
Moved by Deputy
Mayor Heath
Seconded by
Councillor Colin Campbell
That the report of the General Committee be received and adopted.
(Items 1 to 6):
(1) 2018
INTERIM SPENDING AUTHORITY
PENDING APPROVAL OF BUDGET
(7.0)
Report
1) That the report titled “2018 Interim Spending
Authority Pending Approval of Budget”, be received; and,
2) That Council approve 50% of the City’s
2017 Operating, Waterworks, Planning & Design, Building Standards and
Engineering budgets equal to $180,935,012 as a
pre-budget approval for 2018 operating expenditures; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(2) 2018
INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF UNIONVILLE AND
MARKHAM VILLAGE IMPROVEMENT
AREAS BUDGETS (7.0)
Report
1)
That the report titled “2018 Interim Spending Authority Pending
Approval of Unionville and Markham Village Business Improvement Area Budgets”, be received; and,
2) That Council approve 50% of the 2017
Operating Budget equivalent to the amounts of $134,758 for the Unionville BIA
(UBIA) and $182,830 for the Markham Village BIA (MBIA) as pre-budget approval
for 2018 operating expenditures; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) 2018
TEMPORARY BORROWING BY-LAW 2018 (7.0)
Report
1) That the report titled “2018 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 $180,652,512 from January 1, 2018 to
September 30, 2018 and $90,326,256 from October 1, 2018 to December 31, 2018 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.
Carried
(4) 2018
INTERIM TAX LEVY REPORT (7.3)
Report
1) That
the report “2018 Interim Tax Levy By-law” be received; and,
2) That
Council authorize an interim tax levy for 2018; and,
3) That
the attached by-law be passed to authorize the 2018 interim tax levy; and
further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) TAX
WRITE-OFFS IN ACCORDANCE WITH SECTION 354
OF THE MUNICIPAL ACT, 2001 (7.3)
Report
1) That
taxes totalling $157,110 as set out in this report, of which the estimated
City’s portion is $39,999 be written off pursuant to the provisions of Section
354 of the Municipal Act, 2001; and,
2) That
the Treasurer be authorized to remove the taxes from the Collector’s Roll; and,
3) That
the Markham portion of the taxes be charged to Tax Write-off Account
820-820-7040; and,
4) That
the Treasurer be authorized to write-off all outstanding taxes annually for the
property located at:
i. 7001
Reesor Rd;
ii. 0
Major Mackenzie Dr E;
iii. 11091
Warden Ave; and,
5) That
the associated interest be cancelled in proportion to the tax adjustments; and
further,
6) That
staff be authorized to and directed to do all things necessary to give effect
to this resolution.
Carried
(6) NOTICE
AND POSTAGE FOR NON STATUTORY MEETINGS (10.0)
1) That a maximum of 400 notices be funded through the
Corporate Services Commission for the Special Development Services Committee
meeting scheduled for November 21, 2017, and that the notices be sent out by
the Clerks Department.
7(C) REPORT
NO. 47 - DEVELOPMENT SERVICES PUBLIC MEETING
(November 7, 2017)
Moved by
Regional Councillor Jim Jones
Seconded by
Councillor Don Hamilton
That the report of the
Development Services Public Meeting be received & adopted.
(Item 1):
(1) PRELIMINARY REPORT
NEAMSBY INVESTMENTS INC.
APPLICATIONS FOR OFFICIAL PLAN
AND ZONING BY-LAW AMENDMENTS
TO PERMIT A TWO-STOREY
BUILDING
FOR RECREATIONAL AND ATHLETIC
PURPOSES
AT 1443 DENISON STREET (WARD
8)
FILE NOS. OP/ZA 17 148679
(10.3, 10.5)
Report
1) That
the written submission from Tom Wridolin regarding the application by Neamsby
Investments Inc. at 1443 Denison Street, be received; and,
2) That
the Development Services Commission report dated September 11, 2017, entitled
“Preliminary Report, Neamsby Investments Inc., Applications for Official Plan
and Zoning By-law Amendments to permit a two-storey building for recreational
and athletic purposes at 1443 Denison Street (Ward 8), File Nos. OP/ZA 17
148679”, be received; and,
3) That
the Record of the Public Meeting held on November 7, 2017 with respect to the
proposed Official Plan and Zoning By-law Amendment applications, be received;
and,
4) That
the applications by Neamsby Investments Inc. for proposed Official Plan and
Zoning By-law Amendments (OP/ZA 17 148679) be approved and the draft
implementing Official Plan and Zoning By-law Amendments be finalized and
enacted without further notice; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
7(D) REPORT
NO. 48 - DEVELOPMENT SERVICES COMMITTEE
(November 13, 2017)
Moved by
Regional Councillor Joe Li
Seconded by Regional
Councillor Nirmala Armstrong
(1) LAKE
TO LAKE CYCLING ROUTE
AND WALKING TRAIL
-ADDITIONAL BUDGET REQUEST
(WARDS 1 AND 8) (6.3)
1) That
the report entitled “Lake to Lake Cycling Route and Walking Trail – Additional
Budget Request (Wards 1 and 8)” be received; and,
2)
That a Purchase
Order be issued to the Region of York in the amount of $1,803,230.27, inclusive
of HST, to be funded from Capital Project # 17047 “MUP – Lake to Lake
Cycling Route and Walking Trail” in the amount of $1,415,700.00; and,
3) That
the Engineering Department Capital Administration Fee in the amount of
$38,677.47, inclusive of HST, be charged to revenue account 640-998-8871
(Capital Admin Fees); and,
4) That the shortfall in the amount of $426,207.74
($1,415,700.00 -$1,803,230.27-$38,677.47) will be funded from the Development
Charges Reserve in the amount of $277,035.03 and Gas Tax Reserve in the amount
of $149,172.71; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
8. MOTIONS
There were no
motions.
9. NOTICE OF MOTION TO RECONSIDER
There were no
notices of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) DECLARATION
OF SURPLUS LANDS ADJACENT TO
DIGRAM DEVELOPMENTS MARKHAM
INC.’S
TOWNHOUSE CONDOMINIUM
DEVELOPMENT AT
6232 16TH AVENUE
(BLOCK 25, 65M-3796) (8.7)
Map
Notices of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Nirmala Armstrong
1) That the
notice of proposed sale for the City owned lands legally described as Part
of Block 28, on Registered Plan 65M-3796, designated as Part 1, 65R-36947 City
of Markham, Regional Municipality of York, be confirmed.
(In-Camera Item No. 6 - November 1, 2017
Council Meeting)
Carried
(2) ELECTION
OF YORK REGION CHAIR (13.4)
Region's
Proposed motion
1) That
Markham City Council reaffirm its previous support for the Province of Ontario
in terms of the passage of enabling legislation providing for election of the
York Region Chair by general vote.
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Nirmala Armstrong
That the
motion regarding the Election of the York Region Chair be withdrawn.
Carried
(3) RECOMMENDATION
FROM THE SEPTEMBER 28, 2017
LICENSING COMMITTEE HEARING (4
HEDGEWOOD DRIVE) (2.0)
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Jim Jones
1) That the following recommendation of the Licensing Committee
from the Hearing held on September 28, 2017 be approved and adopted:
"1. That
the application
to remove a sugar maple tree at 4 Hedgewood Drive, Markham, be denied; and,
2. That
the application
to remove a red oak tree at 4 Hedgewood Drive, Markham, be approved; and,
3. That the recommendations are based on
the unique characteristics of this case only and are neither intended to be
precedent setting nor to be used as a basis for future cases."
Carried as amended
(See following to amend)
(See following to consider the matter)
Moved by
Councillor Don Hamilton
Seconded by
Regional Councillor Jim Jones
That the following proposed Recommendation
No. 3 from the September 28, 2017 Licensing Committee Hearing meeting be
deleted in its entirety:
3. That the applicant provide for one replacement
tree to a Markham park or natural area project, in a size and native species
deemed appropriate by staff, by 2018, or provide a cash-in-lieu payment of
$300.00 per tree; and further,
Carried
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
That
Council consider Item 10 (3) under New/Other Business, Recommendation from the
September 28, 2017 Licensing Committee Hearing (4 Hedgewood Drive) immediately
following the deputation with respect thereto.
Carried
(4) RETAIL
BUSINESS HOLIDAYS ACT APPLICATION (13.4)
Letter
Moved by Councillor Karen Rea
Seconded by Regional Councillor Nirmala Armstrong
That the Region of York be advised that the City of Markham does not
support the Region's proposed exemptions to the Retail Holidays Business Act,
exempting all retail businesses on statutory holidays save and except for
Christmas Day.
Carried by a recorded vote (8:5)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Karen Rea, Regional Councillor Nirmala Armstrong, Mayor
Frank Scarpitti, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor
Logan Kanapathi, Councillor Alex Chiu. (8)
NAYS: Councillor
Alan Ho, Councillor Don Hamilton, Regional Councillor Jim Jones, Deputy Mayor
Jack Heath, Regional Councillor Joe Li (5)
Council
consented to not consider the following recommendation postponed from the
November 1, 2017 Council meeting:
1) That the letter dated October 20, 2017 from York Region providing
information regarding the Holiday Shopping By-law be received; and,
2) That the presentation from Jonathan Wheatle, Manager,
Strategic Economic Initiative, York Region regarding the Retail
Business Holiday Act, be received; and further,
3) That the exemptions to the holiday closures under the Retail Business Holiday Act be referred to the Province of
Ontario for their direction and further clarification.
11. ANNOUNCEMENTS
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by
Councillor Alan Ho
That By-laws
2017-99 to 2017-108 and 2017-110 be given three readings and enacted.
Three Readings
BY-LAW 2017-99 ROAD DEDICATION BY-LAW (VERDALE CROSSING, BIRCHMOUNT ROAD AND ENTERPRISE BOULEVARD)
A
by-law to dedicate certain lands as part of the highways of the City of Markham
(Blocks 53, and 60 Plan 65M-4060 - Verdale Crossing;
Block 26, Plan 65M-4294, Part of the west half of Lot 9, Concession 5,
designated as Parts 1 and 5, Plan 65R-34150 and Part of the east half and the
west half of Lot 8, Concession 5, designated as Parts 8 and 14, Plan 65R-27985
- Birchmount Road; Part of the east half and the west half of Lot 8, Concession
5, designated as Part 10, Plan 65R-27985 - Enterprise Boulevard)
By-law
Carried
BY-LAW 2017-100 WYKLAND ESTATES INC., PART
LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Lots 10 and 11, Registered Plan 65M-4406 designated as Parts 17, 18,
19 and 20, Plan 65R-35490, north of Highway 7 East, south of 16th
Avenue, and west of Reesor Road.
By-law
Carried
BY-LAW 2017-101 A
BY-LAW TO AMEND BY-LAW 2002-311, A BY-LAW TO APPOINT DEPUTY CLERKS FOR THE CITY
OF MARKHAM
(Appointment of Vanessa Rhodes)
By-law
Carried
BY-LAW 2017-102 2018 TEMPORARY BORROWING BY-LAW
A by-law to authorize temporary borrowing to
meet the expenditures of the City of Markham until taxes are collected and
other revenues received in 2018.
(Item No. 3, Report No. 46)
By-law
Carried
BY-LAW 2017-103 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY IN 2018
(Item No. 4, Report No. 46)
By-law
Carried
BY-LAW 2017-104 A BY-LAW TO AUTHORIZE SPEED LIMITS IN THE CITY OF MARKHAM
(Repeal Speed By-law 105-71)
(Item No. 1, Report No. 45)
By-law
Carried
BY-LAW 2017-105 A BY-LAW TO APPROVE THE EXPROPRIATION OF LAND IN FEE SIMPLE, IN
THE CITY OF MARKHAM
(Part of Lots 40, 41, 42 and 43 in Block M
on Registered Plan 173 designated as Parts 5, 6, 7, 8, 9 and 11 on Reference
Plan 65R-36046, in the City of Markham, Regional Municipality of York being
part of PIN 02936-0377 [LT]
By-law
Carried
BY-LAW 2017-106 CORRADO GAZZE HOLDINGS LIMITED, C/O CREATIVE HOME SOLUTIONS, 9700
9TH LINE, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 304-87, as amended,
and By-law 177-96, as amended, to permit the use of the lands for a midrise
condominium apartment building.
(Item No. 3, Report No. 45)
By-law
Carried
BY-LAW 2017-107 605918
ONTARIO LTD., 8651
9TH LINE, AMENDMENT TO THE
IN FORCE OFFICIAL PLAN (REVISED 1987), AS AMENDED
A by-law to adopt an Official Plan Amendment
to the in force Official Plan (Revised 1987), as amended, to allow mixed use,
mid/high rise buildings.
(Item No. 2, Report No. 45)
By-law
Carried
BY-LAW 2017-108 NATIONAL
HOMES (OLD KENNEDY) INC., 146 OLD KENNEDY ROAD, ZONING BY-LAW AMENDMENT
A by-law to amend By-law 177-96, as amended,
to permit the lands to be developed with townhouses and some live-work units.
(Item No. 4, Report No. 45)
By-law
Carried
BY-LAW 2017-110 ROAD DEDICATION BY-LAW (POPE
JOHN PAUL II SQUARE)
A by-law to
dedicate certain lands as part of the highways of the City of Markham (Part of
Block 121, Plan 65M-4252, designated as Part 1, Plan 65R-37392 – Pope John Paul
II Square)
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by
Councillor Karen Rea
Seconded by
Councillor Amanda Collucci
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential
matters (11:33 PM)
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- NOVEMBER 1, 2017 (16.0)
[Section 239 (2) (b) (c) (e) (f)]
Development
Services Committee - October 30, 2017
(2) LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE
ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – ONTARIO
MUNICIPAL BOARD – YONGE STEELES CORRIDOR SECONDARY PLAN (WARD 1) (8.0)
[Section 239 (2) (e)]
General
Committee - November 6, 2017
(3) PERSONAL MATTERS ABOUT AN IDENTIFIABLE
INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (PROPERTY FOR TAX SALE) (7.3)
[Section 239 (2)
(b)]
New
Business – November 14, 2017
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (2780 19th AVENUE) (8.6)
[Section 239 (2) (c)]
Moved by
Councillor Alex Chiu
Seconded by
Councillor Logan Kanapathi
That Council
rise from the private session. (11:40 PM)
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES OF CONFIDENTIAL
COUNCIL MEETING
NOVEMBER 1, 2017 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Amanda Collucci
1) That the Council Meeting confidential minutes
dated November 1, 2017 be confirmed.
Carried
(2) REQUEST FOR PARTY
STATUS IN AN
ONTARIO MUNICIPAL BOARD APPEAL OF THE
CITY OF VAUGHAN YONGE STEELES CORRIDOR SECONDARY PLAN (8.0)
Moved by Councillor Valerie Burke
Seconded by Councillor Alan Ho
1) That
the report titled “Request for Party Status in Ontario Municipal Board Appeal
of the City of Vaughan Yonge Steeles Corridor Secondary Plan” be received; and,
2) That City Staff be authorized to seek party status on the
limited basis described in this report, in the appeal of the City of Vaughan
Yonge Steeles Corridor Secondary Plan; and,
3) That Council direct the City Solicitor
and Staff to attend the Ontario Municipal Board hearing to ensure that the City
of Markham's interests with respect to development potential within Markham are
protected; and,
4) That Staff be authorized and directed to
do all things necessary to give effect to this resolution, and further;
5) That the foregoing resolutions be
reported out at a future public Council meeting.
Carried
(3) PROPERTY
FOR TAX SALE AUTHORIZATION (7.3)
Moved by Deputy
Mayor Heath
Seconded by Councillor
Colin Campbell
1) That
the confidential report entitled “Properties for Tax Sale Authorization” be
received; and,
2) That staff be authorized to proceed as
directed by Council on November 14, 2017."
Carried
(4) REPORTING
OUT OF REAL
PROPERTY ACQUISITION
- 2780 19TH AVENUE
(8.6)
Report
Moved by Councillor Alan Ho
Seconded by Regional Councillor Jim Jones
1) That the report entitled “Reporting Out
of Real Property Acquisition – 2780 19th Avenue” be received; and,
2) That Staff be authorized and directed
to take the actions set out in this report; and,
3) That the report entitled “Reporting Out
of Real Property Acquisition – 2780 19th Avenue” and the forgoing resolutions
be reported out in the public Council meeting on November 14th, 2017.
Carried
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by
Councillor Karen Rea
That By-law 2017-109
be given three readings and enacted.
Three Readings
BY-LAW 2017-109 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
NOVEMBER 14, 2017
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 11:42 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)