Council
Minutes
December
12, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 18
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, Regional Councillor Jim Jones, Regional Councillor Joe Li, Regional
Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Don
Hamilton, Councillor Karen Rea, Councillor Colin Campbell, Councillor Logan
Kanapathi, Councillor Amanda Collucci, Councillor Alex Chiu.
Regrets
Deputy Mayor Jack
Heath, Councillor Alan Ho.
Staff
Andy Taylor, Chief
Administrative Officer
Trinela Cane, Commissioner
of Corporate Services
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Brian Lee, Acting Commissioner of Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Ron Blake, Senior Development Manager
Sally Campbell, Manager,
Development, Planning & Urban Design
Bryan Frois, Chief of Staff
Andrea Tang, Senior Manager
Mark Visser, Senior Manager Financial Strategy & Investment
The meeting of
Council convened at 7:16 PM on December 12, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
Moved by Councillor
Karen Rea
Seconded by Councillor
Valerie Burke
That Council
recess at 9:51 PM and reconvene at 10:05 PM.
Carried
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES NOVEMBER 14, 2017
Minutes
Moved by
Councillor Alex Chiu
Seconded by
Councillor Amanda Collucci
1) That the Minutes of the
Council Meeting held on November 14, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) DEPUTATIONS – APPLICATION BY CITY
PARK (TOWN CRIER) HOMES INC. FOR. 7 TOWN
CRIER LANE (WARD 4) (10.7, 10.3 & 10.5)
The following
individuals addressed Council and spoke in opposition to the proposed
recommendation:
1. Harvey A. Thomson
2. Leanne Caradonna
3. Lisa Burgess
4. Kenny Brienza
5. Graham Dewar
(See Item No. 1, Report 52 for Council’s
decision on this matter)
(2) DEPUTATIONS - APPLICATION BY FUNG
LOY KOK INSTITUTE OF TAOISM. FOR A
ZONING BY-LAW AMENDMENT (10.5)
The
following individuals provided deputation to Council:
1. Louis Koutsaris, spoke in opposition to the proposed recommendation.
2. Chris Farano, responded to questions from Council and provided
comments.
3. Barbara Taylor, spoke in support of the proposed recommendation.
4. Susan Lundy, spoke in support of the proposed recommendation.
(See Item No 7(B) (2), Report 50 for
Council’s decision on this matter)
Moved by
Councillor Valerie Burke
Seconded by
Councillor Colin Campbell
That Council
waive the rules of procedure to allow Barbara Taylor and Susan Lundy to address
Council.
Carried by 2/3 vote
5. COMMUNICATIONS
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Joe Li
That Council
receive and consent to the disposition of communications in the following
manner:
Received
35-2017 LIQUOR LICENCE
APPLICATION FOR AXIA RESTAURANT, 4300 STEELES AVENUE EAST (WARD 8) (3.21)
Info
Request
for the City of Markham to complete the Municipal Information Form.
(Expansion of existing
liquor licence for indoor areas)
Carried
36-2017 COMMUNICATIONS
REGARDING APPLICATION FOR CITY PARK
(TOWN CRIER) HOMES INC. AT 7 TOWN CRIER LANE (WARD 4)
(10.7, 10.3 & 10.5)
Correspondence
1. Email dated December 9, 2017 from Nancy
Simpson, providing comments.
2. Email dated December 11, 2017 from Amanda
Helderman, providing comments.
3. Email dated December 11, 2017 from Ruth
Winterfield, providing comments.
4. Email dated December 1, 2017 from Jacquie
Gardiner, providing comments.
5. Email dated December 10, 2017 from Jacquie
Gardiner, providing comments.
6. Email dated December 12, 2017 from Helen
Lennon, providing comments.
7. Email dated December 12, 2017 from Roger
Carlsen, providing comments.
8. Email dated December 12, 2017 from Stephen
Burgess, providing comments.
Carried
37-2017 COMMUNICATIONS
REGARDING PROPOSED BY-LAW 2017-123 A BY-LAW TO ESTABLISH AREA SPECIFIC
DEVELOPMENT CHARGES FOR BUTTONVILLE AIRPORT AREA 18 DEVELOPMENT AREA OF THE
CITY OF MARKHAM (Item 7, Report No. 53) (7.11)
Correspondence
1. Letter dated December 12, 2017 from John P. Genest, Malone Given
Parsons Ltd., providing comments.
Carried
6. PROCLAMATIONS
(1) PROCLAMATIONS
AND FLAG RAISING REQUESTS (3.4)
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Valerie Burke
1) That the following proclamation, issued by the City Clerk in
accordance with the City of Markham Proclamation Policy, be received for
information purposes:
-
World Aids Day
(December 1, 2017)
-
International
Holocaust Remembrance Day (January 27, 2018)
-
National Eating
Disorder Awareness Week (February 1 – February 7, 2018)
-
Israel
Independence Day (April 19, 2018); and,
2) That
the following request for flag to be
raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City
Clerk in accordance with the City of Markham Community Flag Raisings & Flag
Protocol Policy, be received for information purposes:
- Israel
Independence Day (April 19, 2018)
(Organized by Consulate General of Israel Toronto)
Carried
7(A) REPORT NO. 49 - GENERAL COMMITTEE (December
5, 2017)
(1) 2018 PROPOSED
WATER/WASTEWATER RATE
PUBLIC CONSULTATION MEETING
AND
APPROVAL OF 2018 WATER/WASTEWATER RATE (16.0)
Minutes
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Amanda Collucci
That Report 49 - General Committee comprised of 1 item
be received and adopted.
1) That
the minutes of the November 21, 2017 2018 Proposed Water/Wastewater Rate Public
Consultation meeting be received; and,
2) That the 2018 City of Markham’s (“City”)
water/wastewater rate be increased by
$0.2887/m3 from $3.8555/m3 to $4.1442/m3 effective
April 1, 2018; and further,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2017-137)
Carried by a recorded vote (8:2)
YEAS: Councillor
Valerie Burke, Councillor Karen Rea, Regional Councillor Nirmala Armstrong,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Amanda
Collucci, Councillor Logan Kanapathi. (8)
NAYS: Councillor
Don Hamilton, Councillor Colin Campbell. (2)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath, Councillor Alex Chiu. (3)
7(B) REPORT NO. 50 - DEVELOPMENT SERVICES
COMMITTEE
(November 13, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report No. 5 - Development
Services Committee comprised of 3 items be received and adopted, except Item
No. 2. (See following Item No. 2)
(1) RECOMMENDATION
REPORT
APPLICATION FOR ZONING BY-LAW
AMENDMENT
BY RIVERWALK MEADOWS INC. TO
FACILITATE
A FUTURE SEVERANCE TO CREATE
EIGHT RESIDENTIAL LOTS
AT 7605 9TH LINE, 7597 9TH
LINE & BLOCK 228, PLAN 65M-3976 (WARD 7)
ZA 17 132402 (10.5)
Report
1) That the report titled
“RECOMMENDATION REPORT, Application for Zoning By-law Amendment by Riverwalk
Meadows Inc. to facilitate a future severance to create eight residential lots
at 7605 9th Line, 7597 9th Line & Block 228, Plan
65M-3976 (Ward 7) File ZA 17 132402” be
received; and,
2) That the application by
Riverwalk Meadows Inc. to amend Zoning By-law 194-82, as amended & Zoning
By-law 177-96, as amended, be approved and that the draft by-law attached as
Appendix ‘A’, be finalized and enacted without further notice; and further,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
(By-law 2017-114)
Carried
(2) RECOMMENDATION
REPORT
FUNG LOY KOK INSTITUTE OF
TAOISM
378 STEELES AVENUE
WEST OF LAURELEAF ROAD
APPLICATION FOR A ZONING
BY-LAW AMENDMENT
TO PERMIT OUTDOOR TAOIST TAI
CHI
ON THE DRIVEWAY UNDER THE
EXISTING
CANTILEVERED BUILDING (PLACE
OF WORSHIP)
FILE NO.: ZA 16 124382 (10.5)
Report
Moved by Regional
Councillor Joe Li
Seconded by
Councillor Logan Kanapathi
1) That
the report dated November 13, 2017 titled “RECOMMENDATION REPORT, Fung Loy Kok
Institute of Taoism, 378 Steeles Avenue, West of Laureleaf Road, Application
for a Zoning By-law Amendment to permit outdoor Taoist Tai Chi on the driveway
under the existing cantilevered building (place of worship)” be received; and,
2) That
the draft amendment to Zoning By-law 1767, as amended, attached to this report
as Appendix ‘A’ be finalized prior to being enacted by Council; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Lost by a recorded vote (6:5)
(See following recorded vote)
(See following to bring the matter forward)
NAYS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional Councillor
Jim Jones, Mayor Frank Scarpitti, Councillor Alex Chiu. (6)
YEAS: Regional
Councillor Nirmala Armstrong, Regional Councillor Joe Li, Councillor Colin
Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi. (5)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath. (2)
Moved by Councillor Valerie Burke
Seconded by Councillor Logan Kanapathi
That Council consider the matter of Fung Loy
Kok Institute of Taoism immediately following the deputations with respect
thereto.
Carried
(3) MARKHAM
ECONOMIC ALLIANCE
AND TWINNING POLICY (10.16)
Report
1) That
the memorandum dated December 7, 2017 entitled “Markham Economic Alliance and
Twinning Policy, Supplementary Information” be received; and,
2) That
the report dated September 25, 2017 entitled “Markham Economic Alliance and
Twinning Policy” be received and endorsed; and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(C) REPORT NO. 51 GENERAL COMMITTEE (November
20, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report No. 51 - General Committee comprised of 2 items be received
and adopted.
(1) 2018 COUNCIL AND STANDING COMMITTEE
MEETING CALENDAR (16.0)
Revised
Calendar
1) That the 2018 Council and Standing
Committee Meeting Calendar be adopted, as amended at the November 20, 2018
General Committee meeting.
Carried
(2) QUALITY MANAGEMENT SYSTEM
- MANAGEMENT REVIEW (5.3)
Report Attachment
A
1) That the report titled “Quality Management System - Management Review” be received;
and,
2) That the Report on Quality Management
System to Council from Management Review (Attachment “A”), be received; and,
3) That Council, as the Owner of the
City’s drinking water system, acknowledge and support the outcome and action
items identified from the Management Review; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
7(D) REPORT NO. 52 SPECIAL DEVELOPMENT SERVICES
COMMITTEE
(November 21, 2017)
That
Report No. 52 - Special Development Services Committee Report comprised of 1
item be received and adopted, as amended.
(1) RECOMMENDATION REPORT
CITY PARK (TOWN CRIER) HOMES INC.
PROPOSED DRAFT PLAN OF SUBDIVISION 19TM-16007
OFFICIAL PLAN AMENDMENT AND
ZONING BY-LAW AMENDMENT APPLICATIONS FOR UP TO
11 SINGLE DETACHED LOTS AND ONE RESIDUAL LOT
AT 7 TOWN CRIER LANE (NORTH OF HWY 7,
EAST OF MAIN STREET MARKHAM). WARD 4
SU 16 175583, OP 16 175583 AND ZA 16 175583 (10.7, 10.3 & 10.5)
Report
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Regional Councillor Jim Jones
1)
That the
memorandum dated November 23, 2017 entitled “7 Town Crier Lane – Demolition” be
received; and,
2)
That the
deputations by Michael Braithwaite, Paul Cicchini, Ruth Winterfield, Laura
Galati, Cynthia Hiatt, Stephan DiGiulio, Stephen Burgess, Alexis Whalen, Barb
Sampson, Marianne Policelli, Anthony Schultz of Grace Church, Markham, Jacquie
Gardiner, Joanne Sales, and John Webster regarding the applications by City Park (Town
Crier) Homes Inc., be received; and,
3) That
the report entitled “Recommendation Report, City Park (Town Crier) Homes Inc.,
Proposed Draft Plan of Subdivision 19TM-16007, Official Plan Amendment and
Zoning By-law Amendment applications for up to 11 single detached lots and one
residual lot at 7 Town Crier Lane, (north of Hwy 7, east of Main Street
Markham) Ward 4, Files SU 16 1755583, OP 16 175583 and ZA 16 175583”, be
received; and
4) That
the record of the Public Meeting held on November 22, 2016, regarding the
applications for approval of Draft Plan of Subdivision 19TM-16007, and Official
Plan and Zoning By-law Amendments, be received; and,
5) That
the Official Plan Amendment application submitted by City Park (Town Crier)
Homes Inc., to amend the 2014 Official Plan (partially approved by the Ontario
Municipal Board in Oct 2015, May 2016, March 2017 and April 2017), be approved,
and that the draft Official Plan Amendment attached as Appendix ‘A’ be
finalized and enacted without further notice; and,
6) That
the Zoning By-law Amendment application submitted by City Park (Town Crier)
Homes Inc., to amend Zoning By-law 1229, as amended, be approved and that
subject to the addition of a cap of 5000 ft2 on the maximum gross
floor area for each dwelling including garage, the draft by-law attached as
Appendix ‘B’ be finalized and enacted without further notice; and,
7) 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 a variance from the provisions of the zoning by-law (Appendix
‘B’) within two years of its approval by Council, except for lots 1, 2 and 4; and,
8) That
Draft Approved Plan of Subdivision 19TM-16007 submitted by City Park (Town
Crier) Homes Inc., be draft approved subject to the conditions outlined in
Appendix ‘C’; and,
9) 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 ‘C’ and as may be amended by the Director of Planning and Urban Design;
and,
10) That
the draft plan approval for Plan of Subdivision 19TM- 16007 will lapse after a
period of three (3) years from the date of Council approval in the event that a
subdivision agreement is not executed within that period; and,
11) That
Council assign servicing allocation for up to 12 single detached dwellings;
and,
12) That
the existing Class A heritage building, formerly known as the Markham Dairy
/Carman Lewis Home be approved for demolition subject to the following requirements
being included in the Subdivision Agreement to be undertaken by the proponent:
a) documentation of the building in the form
of a photographic record and measured drawings, and
b) creation of a standard City of Markham
Remembered plaque displaying graphic and textural description of the site’s
history and former use to be erected on or near the former site of the
building; and
13) That,
as part of the future Site Plan Control Application, the Owner be required to
submit a landscape plan for review and approval, to the satisfaction of the
Director of Planning and Urban Design, which plan shall include, but not be
limited to, the provision of additional landscaping along the east and south
property lines of the subject lands to provide an enhanced buffer between existing
and proposed homes; 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 (8:3)
(See following recorded vote)
(See following to bring the matter forward)
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 Don Hamilton, Councillor Karen Rea. (3)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath. (2)
Council consented to the following:
To add
the following words at the end of the proposed Resolution No. 7:
"except
for lots 1, 2 and 4"
To add a demolition clause at the end of the proposed Resolution No.
12:
"subject to the following requirements being included in the
Subdivision Agreement to be undertaken by the proponent:
a) documentation of the building in the form of a photographic
record and measured drawings, and
b) creation of a standard City of Markham Remembered plaque
displaying graphic and textural description of the site’s history and former
use to be erected on or near the former site of the building; and"
To add the following as Resolution No. 13:
13) That, as part of the future Site Plan Control
Application, the Owner be required to submit a landscape plan for review and
approval, to the satisfaction of the Director of Planning and Urban Design,
which plan shall include, but not be limited to, the provision of additional
landscaping along the east and south property lines of the subject lands to
provide an enhanced buffer between existing and proposed homes, and
further,
Moved by Councillor Karen Rea
Seconded by Councillor Don Hamilton
That Council consider the matter of 7 Town Crier Lane immediately
following the deputations with respect thereto.
Carried
7(E) REPORT NO. 53 GENERAL COMMITTEE (December
5, 2017)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Amanda Collucci
That Report
No. 53 - General Committee comprised of 9 items be received and adopted, except
Item Nos. 3, 7 and 9. (See following
Item Nos. 3, 7 and 9)
(1) CITY
OF MARKHAM A VISION FOR
SPORT DEVELOPMENT (6.0)
Presentation Report Attachment
1
1) That the presentation entitled “A Vision for Sport
Development”, be received; and,
2) That the report
entitled “City of Markham, A Vision for Sport Development” be received; and,
3) That
Council approve the City of Markham A Vision for Sport Development (Attachment
1); and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) AWARD OF CONTRACT
#206-P-17 – ROSTER OF ELECTRICAL
CONTRACTORS FOR SERVICES REQUIRED AT VARIOUS
CITY LOCATIONS ON AN AS-REQUIRED BASIS (7.12)
Report
1) That the report “Award of Contract #
206-P-17 – Roster of electrical contractors for services required at various
City locations on an as-required basis” be received; and,
2) That the contract for Electrical
Services at various City locations on an as-required basis for three (3) years
(November 2017 to October 2020) be awarded to the three (3) highest ranked
bidders, (Igman Electric Ltd., R.A. Graham Electrical Contractors, and RPM
Industrial Inc.) in the estimated annual amount of $493,232.00 inclusive of HST
impact; and,
3) That the contract be
funded from various City Departments’ Operating Budgets on an as required
basis; and,
4) That the award amounts in 2018 to 2020
be subject to Council approval of the respective year’s operating budgets and
that the award amounts be amended to reflect changes to the various
departments’ budget accounts as approved by Council during the annual budget
process; and,
5) That Staff be authorized to issue three
(3) purchase orders for each of the three (3) awarded bidders in an annual
amount of $164,410.67; and,
6) That Staff be authorized to reallocate
purchase order fund commitments among the three (3) awarded bidders based on
actual usage within each term of the contract; and further,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(3) 2018 BUDGET (7.0)
Report Appendices
1-7
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Amanda Collucci
1) That the report dated December 5, 2017
entitled, “2018 Budget” be received; and,
2) That
Council approve a 2.90% property tax rate increase to the City’s tax levy which
includes:
2.44%
for day-to-day operations and infrastructure investment;
0.46%
for Provincial Legislation Bill 148 (Fair Workplaces, Better Jobs Act); and,
3) That
Council approve the 2018 Primary Operating Budget for City services of
$204,664,482 and Library of $13,818,779 to a total of $218,483,261 (excluding
the 2017 surplus/deficit) which includes a 2.90% property tax rate increase, of
which the principal components are detailed in
Appendices 1 and 2; and,
4) That
the gross operating expenditures of $218,483,261, (excluding the 2017
surplus/deficit), be funded from the following sources:
2018
Budget
Taxation
Levies $155,050,962
Payments-in-lieu
of Taxes $1,209,007
Grant
& Subsidy Revenues $2,042,829
General
Revenues (Investment Income, Fines, Permits, Penalty & Interest) $25,571,588
User
Fees & Service Charges, Rentals and Sales $29,159,189
Other
Income / Recoveries $5,449,686
Total Revenues $218,483,261
;
and,
5) That
Council approve the remaining 2018 Capital Budget of $76,191,300 for a total of
$77,715,300 ($76,191,300 + $1,524,000 pre-approved) of which the projects are detailed
in Appendix 3; and,
6) That Council authorize Staff to purchase
the required US dollars (USD) for applicable capital budget projects at the
time the budget is approved on an annual basis and to make any budget
adjustments necessary due to a variance between the budgeted USD exchange rate
and the actual USD exchange rate at the time the USD are purchased; and,
7) That Council approve the 2018 Planning
& Design Operating Budget totalling $10,294,001, (excluding the 2017
surplus based on forecast), the principal components of which are detailed in
Appendix 4; and,
8) That Council approve the 2018 Engineering
Operating Budget totalling $8,088,242, (excluding the 2017 surplus based on
forecast), the principal components of which are detailed in Appendix 5; and,
9) That Council approve the 2018 Building
Standards Operating Budget totalling $9,956,946, (excluding the 2017 deficit
based on forecast), the principal components of which are detailed in Appendix
6; and,
10) That Council approve the 2018 Waterworks
Operating Budget totalling $131,634,019 (excluding the 2017 surplus), the
principal components of which are detailed in Appendix 7; and,
11) That upon finalization of the 2017
audited financial statements, the 2018 Operating, Planning & Design, Engineering,
Building Standards, and Waterworks Operating Budgets be adjusted to reflect the 2017 operating results; and,
12) That a copy of the Budgets be made available
to the public through the Clerk’s Department, the City website and each of the
Markham Public Libraries; and,
13) That the “Additional Financial Disclosure
Requirements Pursuant to Ontario Regulation 284/09” be received for information
purposes; and,
14) That this report be brought forward to
Council on Tuesday, December 12, 2017; and further,
15) That Staff be authorized and directed to do
all things necessary to give effect to this resolution.
Carried by a recorded vote (9:1)
(See following recorded vote)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Regional Councillor Joe Li,
Councillor Amanda Collucci, Councillor Logan Kanapathi. (9)
NAYS: Councillor
Colin Campbell. (1)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath, Councillor Alex Chiu. (3)
(4) STATUS OF CAPITAL PROJECTS AS OF
SEPTEMBER 30, 2017 (7.0)
Report Exhibits A-C
1) That
the report dated November 8, 2017 entitled “Status of Capital Projects as of
September 30, 2017” be received; and,
2) That the amount of
$1,094,108 from the closure of capital projects be transferred to the sources
of funding as listed on Exhibit A; and,
3) That the closure of
projects as outlined on Exhibit B and C be approved; and,
4) That the Non-Development
Charge Capital Contingency Project be topped up from the Lifecycle Replacement
and Capital Reserve Fund, by $1,107,941 to the approved amount of $250,000;
and,
5) That the Engineering Capital Contingency Project be topped
up, from the City-Wide Hard Development Charges Reserve, by $113,158 to the
approved amount of $100,000; and,
6) That the Design Capital
Contingency Project be topped up, from the Development Charges Reserve, by $76,
118 to the approved amount of $100,000; and,
7) That
the Planning Capital Contingency Project be topped up, from the Development
Charges Reserve, by $12,217 the approved amount of $50,000; and,
8) That
the Waterworks Capital Contingency Project be topped up, from the Waterworks
Stabilization/Capital Reserve, by $366,704 to the approved amount of $100,000;
and,
9) That the following in-year
2017 new capital projects, subsequent to the approval of the 2017 capital
budget, be received;
Project
Number Name Budget
Funding Source
17328
Thornhill CC Flooding Emergency
Work $66,144 Other External: Insurance Claim
17331
Mt Joy CC Brine Pump Replacement $19,843 Non-DC Capital Contingency
17332
Thornhill CC 2nd Flood Emergency
Work $254,400 Other External: Insurance Claim
17333
Old Unionville Well Building
Structure Removal $56,000 Waterworks Capital Contingency
17339
Mt Joy CC Dehumidifier
Replacement $82,000 Non-DC Capital Contingency
17340
Varley Art Gallery HVAC RTU
Replacement $155,742 Non-DC Capital Contingency
17343
Service Connection Deficiency
Repairs $50,000 Non-DC Capital Contingency
17345
Corporate GIS Review and Strategy $71,232 Non-DC Capital Contingency
; and further,
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) UPDATE
TO RECORDS RETENTION BY-LAW (12.1)
Report Appendix
A
1) That
the report entitled “Update to Records Retention By-law” be received; and,
2) That Council adopt the Records
Retention By-law, as outlined in Appendix A to this report; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law 2017-151)
Carried
(6) EXTENSION OF DEVELOPMENT
CHARGE DEFERRAL
- CORNERSTONE CHRISTIAN COMMUNITY CHURCH (7.11)
Report
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Nirmala Armstrong
1) That the report titled “Extension of
Development Charge Deferral – Cornerstone Christian Community Church” be
received; and,
2) That Council authorize an amendment to the
current Development Charge Deferral Agreement with the Cornerstone Christian
Community Church dated January 9, 2015, to extend the payment due date of the
City Wide Hard development charges from January 9, 2015 to October 1, 2021;
and,
3) That the Mayor and Clerk be authorized to
execute amendments to the Development Charge Deferral Agreement satisfactory to
the City Solicitor and the Treasurer, as set out in this Report; and further,
4) That staff be directed to do all things
necessary give effect to these recommendations.
Carried
(7) 2017
DEVELOPMENT CHARGES BACKGROUND STUDY (7.11)
Report Appendix
A Appendix
B
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Joe Li
1) That the report on the “2017 Development
Charges Background Study” be received; and,
2) That Council determine that no further
public meeting is required, pursuant to Section 12 of the Development Charges Act 1997, as amended; and,
3) That Council approve the Development
Charge Background Study prepared by Hemson Consulting Ltd. dated October 2017;
and,
4) That Council affirm its intention to
ensure that the increase in the need for services to service anticipated
development will be met; and,
5) That Council affirm its intention that
development related to post 2026 capacity identified in the Background Study
shall be paid for by development charges or other similar charges; and,
6) That Council affirm its intention that
infrastructure related to post 2031 development identified in the background
study shall be paid for by development charges or similar charges; and,
7) That Council recognizes that there are
operating costs associated with the implementation of the capital program; and,
8) That Council approve the policy changes as
outlined in this report; and,
9) That Council enact the City Wide Hard,
City Wide Soft and Area Specific development charges by-laws, effective on
December 13, 2017; and,
10) That
Council affirm its intention that the future excess capacity identified in the
Development Charges Background Study, dated October 2017, prepared by Hemson
Consulting Ltd. shall be paid for by the development charges; and,
11) That these
recommendations, including the implementing by-laws, be forwarded to the
December 12, 2017 Council meeting for adoption; and further,
12) That staff be directed to do all things
necessary to give effect to this report.
(By-laws
2017-116 – 2017-136)
(By-law
2017-153)
Carried
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Joe Li
That Council
consider the matter of the 2017 Development Charges Background Study and
By-laws following the deputations with respect thereto.
Carried
(8) USE
OF CORPORATE RESOURCES FOR ELECTION PURPOSES (14.0)
Presentation Policy
1) That
the presentation entitled, “Use of Corporate Resources for Election Purposes,”
be received; and,
2) That the Policy titled, “Use
of Corporate Resources for Election Purposes Policy,” be postponed to the January 22, 2018 General
Committee meeting; and,
3) That Members of Council be limited to spending up to 25% of
their 2018 discretionary budget and limited to one newsletter to the end of
February 2018; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(F) REPORT NO. 54 - DEVELOPMENT SERVICES
COMMITTEE
(December 5, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 54 - Development Services Committee comprised of 2 items be received and
adopted.
(1) HERITAGE
EASEMENT AGREEMENT
FOR HERITAGE PROPERTY TAX
REDUCTION PROGRAM
ST. VOLODYMYR’S CHURCH AND RECTORY
15 CHURCH LANE, THORNHILL
(WARD 1) (16.11.3)
Report
1) That the staff report titled “Heritage Easement Agreement
for Heritage Property Tax Reduction Program, St. Volodymyr’s Church and
Rectory, 15 Church Lane, Thornhill, Ward 1”, dated December 5, 2017, be
received; and,
2) That
a by-law be passed to authorize the Mayor and Clerk to execute a Heritage
Easement Agreement with the property owners of 15 Church Lane, and any other
documents required to give effect thereto, in a form satisfactory to the City
Solicitor; and,
3) That Staff be authorized to request the owners to relocate the
plaque to a more visible spot; and further;
4) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
(By-law 2017-138)
Carried
Council
consented to add Resolution 3 as follows:
3) That Staff be authorized to request the owners to relocate
the plaque to a more visible spot; and further;
(2) ACCEPTANCE FOR
MAINTENANCE OF
PLANS OF SUBDIVISION
REGISTERED PLAN NUMBERS: 65M-4303, 65M-4376
65M-4405, 65M-4445, 65R-35775, 65M-4325, 65M-4060
(WARDS 3, 5 AND 6) (10.7)
Report
1) That
the report entitled “Acceptance for Maintenance of Plans of Subdivision,
Registered Plan Numbers: 65M-4303, 65M-4376, 65M-4405, 65M-4445, 65R-35775,
65M-4325, 65M-4060” be received; and,
2) That
the municipal services in Subdivision Registered Plan numbers 65M-4303,
65M-4376, 65M-4405, 65M-4445, 65R-35775, 65M-4325, 65M-4060, be Accepted for
Maintenance; and,
3) That
the Acceptance for Maintenance Period commence as of September 01, 2017, which
is the date the subdivisions were eligible for acceptance; and,
4) That
the Community Services Commission accept the responsibility for operating and
maintaining the municipal infrastructure within the subdivisions as part of the
City’s asset; and,
5) That
future operating budgets be adjusted to include the operations and maintenance
of the above subdivisions; and,
6) That
by-laws as shown on Attachment ‘H’, be enacted by Council to establish each of
the roads within the residential subdivisions as a public highway of the City
of Markham; and,
7) That
the by-law as shown on Attachment ‘I’, to amend Schedule ‘12’ of Traffic By-law
#106-71, by including compulsory stops to the indicated streets, be enacted;
and,
8) That
the by-law as shown on Attachment ‘J’, to amend Schedule ‘A’ of the Speed
By-law #2017-104, by including a maximum speed of 40 kilometers per hour for
the streets indicated, be enacted; and,
9) That
the by-law as shown on Attachment ‘K’, to amend Schedule ‘B’ of the Speed
By-law #2017-104, by including a maximum speed of 50 kilometers per hour for
the streets indicated, be enacted; and,
10) That
the by-law as shown on Attachment ‘L’, to amend Schedule ‘C’ of the Parking of
Vehicles By-law #2005-188, by including prohibited parking on the streets
indicated, be enacted; and,
11) That
the by-law as shown on Attachment ‘M’, to amend Schedule ‘D’ of the Parking of
Vehicles By-law #2005-188, by including parking for a restricted period on the
streets indicated, be enacted; and,
12) That
the Mayor and Clerk be authorized to execute the necessary releases from the
terms of the Subdivision Agreements, subject to confirmation from the Director
of Engineering that the final two year Acceptance for Maintenance Period have
been completed; and further,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law Nos. 2017-139 – 2017-149)
Carried
7(G) REPORT
NO. 55 - DEVELOPMENT SERVICES COMMITTEE PUBLIC MEETING (December 5, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 55 - Development Services Committee Public Meeting comprised of 1 item be
received and adopted.
(1) DEVELOPMENT
FEE AND
BUILDING FEE BY-LAWS UPDATE
(2018) (10.0)
Report
1)
That the Record
of the Public Meeting held on December 5, 2017, with respect to the proposed
amendments to the Development and Building Fee By-laws be received; and,
2)
That the
amendment to the “Tariff of Fees for Processing Planning Applications,” By-law
211-83, as amended, substantially in the form attached as Attachment
"A", be enacted; and,
3)
That By-law
2016-148 as amended be repealed and the attached “By-law respecting
Construction, Demolition and Change of Use Permits and Inspections,” attached
as Attachment “A”, be enacted; and,
4)
That the By-laws
come into force and take effect on January 1, 2018; and further,
5)
That Staff be
authorized and directed to do all thing necessary to give effect to this
resolution.
Carried
7(H) REPORT
NO. 56 DEVELOPMENT SERVICES COMMITTEE
(December 11, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 56 - Development Services Committee comprised of 4 items be received and
adopted, except Items No. 1 and 4 (See following Items No. 1 and 4)
(1) ELIGIBILITY
OF THE ALFRED READ HOUSE
FOR RELOCATION TO MARKHAM
HERITAGE ESTATES
2780 19TH AVENUE,
WARD 2 (16.11)
Report
Discussion on this matter ensued.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That
the report entitled “Eligibility of the Alfred Read House for relocation to Markham Heritage Estates, 2780 19th
Avenue, Ward 2”, dated December 11, 2017, be received; and,
2) That
the Alfred Read House not be declared eligible for relocation to Markham
Heritage Estates, so that long term preservation of the building on its
original site might be achieved through compliance with both the City of
Markham’s Property Standards, and Keep Markham Beautiful By-laws; and,
3) That
as recommended by Heritage Markham, the Alfred Read House be approved for
designation under Part IV of the Ontario Heritage Act as a property of
cultural heritage value or interest; and,
4) That
the Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
5) That
if there are no objections to the designation in accordance with the provisions
of the Ontario Heritage Act, the Clerk be authorized to place a
designation by-law before Council for adoption; and,
6) That
if there are any objections in accordance with the provisions of the Ontario
Heritage Act, the Clerk be directed to refer the proposed designation to
the Ontario Conservation Review Board; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Lost by a recorded vote (5:5)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional
Councillor Nirmala Armstrong, Councillor Amanda Collucci. (5)
NAYS: Regional
Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe Li,
Councillor Colin Campbell. (4)
ABSTAINED: Councillor
Logan Kanapathi abstained from voting; therefore, it is recorded as a
"nay" vote. (1)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath, Councillor Alex Chiu. (3)
Moved by Councillor Logan Kanapathi
Seconded by Regional Councillor Jim Jones
(2) PROPOSED
DEEMING BY-LAW
YORK REGION DISTRICT SCHOOL
BOARD (YRDSB)
150 HENDERSON AVENUE
FILE NO: DY 17 180180 (WARD 1)
(10.0)
Report
1)
That Council
enact a by-law to deem lots 68, 69, 70 and 67 (Lot 67 save and except for Part
1, Plan 65R-31545) Registered Plan 2368, City of Markham, Regional Municipality
of York, not to be part of a registered plan of subdivision, and that Staff
take appropriate action as required under Section 50 of the Planning Act; and,
2) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2017-154)
Carried
(3) FOR
THE CONVEYANCE OF LAND TO THE
CITY PURSUANT TO THE PLANNING
ACT (5.7)
Report
1) That
the report entitled “Environmental Policy and Procedures for the Conveyance of
Land to the City pursuant to the Planning Act” be received; and,
2) That
Council adopt the Environmental Policy and Procedures for the Conveyance of
Land to the City pursuant the Planning Act in a form substantially similar to
the policy and procedures as set out in Attachment ”A”; and,
3) That
the Director of Engineering be authorized to make amendments to the
Environmental Policy and Procedures for the Conveyance of Land to the City
pursuant to the Planning Act, provided such amendments are satisfactory to the
City Solicitor and the Chief Administrative Officer; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) NEW
BUSINESS
MARIJUANA DISPENSARIES IN MARKHAM (13.1)
Discussion on this matter ensued.
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Regional Councillor Jim Jones
Carried by a recorded vote (10:0)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Mayor Frank
Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda
Collucci, Councillor Logan Kanapathi. (10)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath, Councillor Alex Chiu. (3)
8. MOTIONS
(1) NANJING
MASSACRE (12.2.6)
Moved
by Regional Councillor Joe Li
Seconded
by Regional Councillor Jim Jones
Whereas December 13, 1937 was the start of the Nanjing Massacre and
this year marks the 80th Anniversary; and,
Whereas more than 300,000 people in Nanjing (comparable to the current
population of the City of Markham), including women and young children were
tortured, raped, and murdered during the Japanese invasion of China in World
War II; and,
Whereas this atrocity in China has been largely unknown to many in
Canada as it is rarely discussed but continues to have a deeply felt impact in
many Asian societies, including Markham's diverse Asian communities; and,
Whereas honouring the individuals that lost their lives and educating
the public of these atrocities is necessary to promote understanding and peace;
and,
Whereas Markham is home to a high percentage of residents of Chinese
origin in Canada, some of whom recall the atrocities that took place during
this dark period; and,
Whereas the Toronto District School Board which is the largest school
board in North America, passed a unanimous motion in year 2008, encouraging the
teaching of the atrocities of the Nanjing Massacre and Japanese Military Sexual
Slavery in their schools; and,
Whereas the City of Toronto issued a proclamation for the 75th
Anniversary of the Nanjing Massacre in 2012 and then reaffirmed its recognition
on December 2016; and,
Whereas the
City of Markham can play a vital role in raising public awareness by affirming
its recognition of the Nanjing Massacre, as a crime against humanity, in honour
of the men, women and children who died; and,
Whereas the City of Markham encourages the York Region School Board to follow the Toronto
District School Board by encouraging the teaching of the atrocities of the Nanjing
Massacre and Japanese Military Sexual Slavery in their schools;
Now therefore be it resolved:
1) That
Markham City Council proclaim December 13, 2017 as the 80th Anniversary of the
Nanjing Massacre Day; and,
2) That
December 13th be proclaimed as Nanjing Massacre Day every year thereafter.
Carried by a recorded vote (11:0)
(See following recorded vote)
(See following to consider the matter)
(See following to bring the matter forward)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, 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. (11)
ABSENT: Councillor
Alan Ho, Deputy Mayor Jack Heath. (2)
Council consented to add the following as Resolution No. 2 to the
proposed motion:
2) That
December 13th be proclaimed as Nanjing Massacre Day every year
thereafter.
Moved by Regional Councillor Joe Li
Seconded by Regional Councillor Jim Jones
That the matter of Nanjing Massacre matter be considered prior to the Deputations Section
of the Council agenda.
Carried
Council observed a moment of silence in memory of those affected by the
Nanjing Massacre and for everyone to reflect on the importance of world peace.
Note:
The
notice of this motion, moved by Councillor Alan
Ho and seconded by Regional Councillor Joe Li, was given to Council on December 13, 2016. At
the request of the mover and seconder, the motion has been revised for consideration
by Council on December 12, 2017.
9. NOTICE OF MOTION TO RECONSIDER
There were no
notices of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) HOLD
REMOVAL BY-LAW
KYLEMORE COMMUNITIES (YORKTON)
LIMITED
9350-9392 KENNEDY ROAD
(WEST SIDE OF KENNEDY ROAD,
NORTH OF 16TH AVENUE)
FILE NO. ZA 17 168139 (10.5)
Memo
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
1) That
the memorandum entitled “Hold Removal By-law Kylemore Communities (Yorkton)
Limited 9350-9392 Kennedy Road (West side of Kennedy Road, north of 16th
Avenue), File No. ZA 17 168139”, dated December 12, 2017 be received; and,
2) That
the application to remove a Hold provision, which applies to a portion of the development proposal by Kylemore at 9350-9392 Kennedy Road (‘Subject Lands’), be approved. (See
Figure 1 - Area Context/Zoning and Figure 2 – Site Plan – Area Subject to the
Holding Provision); and,
3) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2017-155)
Carried
11. ANNOUNCEMENTS
(1) ANNOUNCEMENTS
- CHRISTMAS SEASON
- CHRISTMAS MARKET
- HOMETOWN HOCKEY (12.2.6)
Councillor
Valerie Burke thanked Yvonne Lord Buckley for decorating the Council Chambers
for the Holiday Season.
Councillor
Karen Rea thanked all staff that assisted on the first Christmas Market held at
the Civic Centre.
Mayor Frank
Scarpitti announced that the City of Markham has been chosen as a location for
hometown hockey being held on March 3 and 4, 2018 with further details
forthcoming in the New Year.
12. BY-LAWS
Moved by Councillor
Colin Campbell
Seconded by Regional
Councillor Joe Li
That By-laws
2017-116 to 2017-136 be given three readings and enacted.
Carried
Moved by
Councillor Logan Kanapathi
Seconded by
Councillor Valerie Burke
That By-laws
2017-111 to 2017-115 and 2017-137 to 2017-155 be given three readings and
enacted.
Carried
Three Readings
BY-LAW 2017-111 CITY PARK (TOWN CRIER) HOMES, 7 TOWN CRIER LANE, AMENDMENT TO THE
NEW
COUNCIL ADOPTED OFFICIAL PLAN (2014), AS AMENDED
A
by-law to adopt Official Plan Amendment No. 13 to the new Council Adopted Official Plan (2014), as amended, to permit the
development of a common elements condominium.
(Item
No. 1, Report No. 52)
By-law
Carried
BY-LAW 2017-112 CITY PARK (TOWN CRIER) HOMES, 7 TOWN CRIER LANE, ZONING BY-LAW
AMENDMENT
A
by-law to amend By-law 1229, as amended, to permit the development of a common
elements condominium.
(Item
No. 1, Report No. 52)
By-law
Carried
BY-LAW 2017-113 A BY-LAW TO AMEND BY-LAW 2017-9, A BY-LAW TO APPOINT MUNICIPLAL
LAW ENFORCEMENT OFFICERS FOR THE CITY OF MARKHAM
A
by-law to appoint employees of “Secured Courier Limited” as Municipal Law
Enforcement Officers and Provincial Offences Officers for the purpose of
issuing summons.
By-law
Carried
BY-LAW 2017-114 RIVERWALK MEADOWS INC.,
7605 9TH LINE, 7597 9TH LINE & BLOCK 228 PLAN
65M-3976, ZONING BY-LAW AMENDMENT
A
by-law to amend By-law 194-82, as amended, and By-law 177-96, as amended, to
permit the use of the lands for Single Detached Dwellings.
(Item
No. 1, Report No. 50)
By-law
Carried
BY-LAW 2017-115 2504373 ONTARIO INC., 37 MAIN STREET, UNIONVILLE, ZONING BY-LAW
AMENDMENT
A
by-law to amend By-law 304-87, as amended, to facilitate the renovation and
expansion to the existing single detached dwelling to accommodate commercial
uses.
By-law
Carried
BY-LAW 2017-116 A BY-LAW TO ESTABLISH CITY-WIDE HARD SERVICES DEVELOPMENT CHARGES
FOR THE CORPORATION OF THE CITY OF MARKHAM
(Repeals By-law 2013-82)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-117 A BY-LAW TO ESTABLISH CITY-WIDE SOFT SERVICES DEVELOPMENT CHARGES
FOR THE CORPORATION OF THE CITY OF MARKHAM
(Repeals By-law 2013-81)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-118 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR THE
YONGE STEELES CORRIDOR AREA 1B DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Repeals By-law 2013-83)
(Item No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-119 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR THE
ARMADALE AREA 5 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Repeals By-law 2013-85)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-120 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR THE
ARMADALE NE AREA 7 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Repeals By-law 2013-86)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-121 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR PD
1-7 AREA 9 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Repeals By-law 2015-167)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-122 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
RODICK/MILLER ROAD PLANNING DISTRICT AREA 17 DEVELOPMENT AREA OF THE CITY OF
MARKHAM
(Repeals By-law 2013-88)
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-123 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
BUTTONVILLE AIRPORT AREA 18 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
(Repeals
By-law 2013-89)
(Communication
No. 37-2017)
By-law
Carried
BY-LAW 2017-124 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR MOUNT
JOY AREA 23 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-125 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE – SOUTH UNIONVILLE – HELEN AVENUE AREA 42A-1 DEVELOPMENT AREA OF
THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-126 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE AREA 42B DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-127 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE – CLEGG AREA 42B-2 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-128 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR MARKHAM
CENTRE – HOTEL AREA 42B-4 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-129 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE – SOUTH HIGHWAY 7 AREA 42B-6 DEVELOPMENT AREA OF THE CITY OF
MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-130 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE – SCIBERRAS AREA 42B-8 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-131 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
MARKHAM CENTRE – EAST PRECINCT AREA 42B-9 DEVELOPMENT AREA OF THE CITY OF
MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-132 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
CATHEDREAL AREA 46 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-133 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR YORK
DOWNS AREA 47B DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-134 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR 404
NORTH EMPLOYMENT LANDS AREA 49 DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-135 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
FUTURE URBAN AREA – AREA 50A DEVELOPMENT AREA OF THE CITY OF MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-136 A BY-LAW TO ESTABLISH AREA SPECIFIC DEVELOPMENT CHARGES FOR
FUTURE URBAN AREA – ROBINSON GLEN – AREA 50A-2 DEVELOPMENT AREA OF THE CITY OF
MARKHAM
(Item
No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-137 2018 WATER/WASTEWATER RATES (EFFECTIVE APRIL 1, 2018)
A
by-law to amend By-law 2002-276, being a by-law to impose fees or charges for
services or activities provided or done by the City of Markham.
(Item
No. 1, Report No. 49)
By-law
Carried
BY-LAW 2017-138 A BY-LAW TO AUTHORIZE THE EXECUTION OF HERITAGE EASEMENT
AGREEMENTS – ST. VOLODYMYR’S UKRAINIAN CATHOLIC CHURCH – 15 CHURCH LANE,
THORNHILL
(Item
No. 1, Report No. 54)
By-law
Carried
BY-LAW 2017-139 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF
SUBDIVISION 65M-4303 AS A PUBLIC HIGHWAY PART OF LOT 20, CONCESSION 8 (DIGRAM
DEVELOPMENTS INC.)
(Jeffrey
Nihda Crescent).
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-140 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY
SYSTEM – WYKLAND ESTATES INC.
A
by-law to adopt Almira Avenue, Cornell Centre Boulevard, Cornwall Drive,
Diamond Jubilee Drive, Lawrence Pilkington Avenue and Morning Dove Drive for
public use and declare to be and form part of the City of Markham highway
system in accordance with Plan of Subdivision.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-141 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY
SYSTEM – UPPER UNIONVILLE INC.
A
by-law to adopt William Bartlett Drive for public use and declare to be and
form part of the City of Markham highway system in accordance with Plan of
Subdivision.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-142 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY
SYSTEM – DIGRAM DEVELOPMENTS INC.
A
by-law to adopt Cheswick Court and Warton Court for public use and declare to
be and form part of the City of Markham highway system in accordance with Plan
of Subdivision.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-143 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY
SYSTEM – WYKLAND ESTATES INC.
A
by-law to adopt Wilfred Murison Avenue, Old Meadow Lane, Bracknell
Avenue,
William Berczy Boulevard, Beckett Avenue, Hua Du Avenue, Busch Avenue, Manila
Avenue, William Bartlett Drive, Foshan Avenue, Henry Bauer Avenue, Brock
Avenue, Holst Avenue, Hubner Avenue, Brunswick Avenue and Orchard Hill
Boulevard for public use and declare to be and form part of the City of Markham
highway system in accordance with Plan of Subdivision.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-144 A BY-LAW TO ESTABLISH STREETS AS PART OF CITY OF MARKHAM HIGHWAY
SYSTEM – RULAND PROPERTIES INC.
A
by-law to adopt Rouge Valley Drive West, Moseby Gate, Bidwell View
Gate, Lord Durham Road, Bonnycastle Road,
Roseberry Road, Mackenzie’s Stand Avenue, Upper Duke Crescent, Verdale Crossing
and Birchmount Road, (both portions) for public
use and declare to be and form part of the City of Markham highway system in
accordance with Plan of Subdivision.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-145 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71
To
add compulsory stops at specific intersections within the City of Markham.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-146 A BY-LAW TO AMEND SPEED BY-LAW 2017-104
To
establish a maximum speed limit of 40 kilometres per hour on specific streets
within the City of Markham.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-147 A BY-LAW TO AMEND SPEED BY-LAW 2017-104
To
establish a maximum speed limit of 50 kilometres per hour on specific streets
within the City of Markham.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-148 A BY-LAW TO AMEND PARKING BY-LAW 2005-188
To
amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-149 A BY-LAW TO AMEND PARKING BY-LAW 2005-188
To
amend Schedule D of the Parking By-law pertaining to “Parking for a Restricted
Period”.
(Item
No. 2, Report No. 54)
By-law
Carried
BY-LAW 2017-150 A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION, CHANGE OF USE
PERMITS AND INSPECTIONS (BUILDING BY-LAW)
(Repeals 2016-148)
(Item
No. 1, Report No. 55)
By-law
Carried
BY-LAW 2017-151 A BY-LAW ESTABLISHING SCHEDULES OF RECORD RETENTION PERIODS FOR
ALL RECORDS KEPT BY THE CITY OF MARKHAM
(Repeals
By-law 2001-101)
(Item
No. 5, Report No. 53)
By-law
Carried
BY-LAW 2017-152 A BY-LAW TO AMEND BY-LAW 211-83, AS AMENDED, A BY-LAW TO
PRESCRIBE A TARIFF OR FEES FOR THE PROCESSING OF PLANNING APPLICATIONS.
(Item
No.1, Report No. 55)
By-law
Carried
BY-LAW 2017-153 A BY-LAW TO REPEAL AREA SPECIFIC DEVELOPMENT CHARGES BY-LAWS IN
THE CITY OF MARKHAM
(Repeals By-laws 2013-84, 2013-87 and 2013-96)
(Item No. 7, Report No. 53)
By-law
Carried
BY-LAW 2017-154 A BY-LAW TO DEEM CERTAIN LANDS NOT BE A REGISTERED PLAN OF
SUBDIVISION, YORK REGION DISTRICT SCHOOL BOARD, 150 HENDERSON AVENUE
By-law
Carried
BY-LAW 2017-155 KYLEMORE COMMUNITIES (YORKTON) LIMITED, 9350 TO 9392 KENNEDY RD,
ZONING BY-LAW AMENDMENT
A
by-law to amend By-law 177-96, as amended, to remove the Holding provision from
the subject lands in order to permit the construction of street townhouses on
these lands.
By-law
Carried
13. CONFIDENTIAL ITEMS
Council
consented to not resolve into private session to discuss the following confidential
matters:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- NOVEMBER 14, 2017 (16.0)
[Section 239 (2) (b) (c) (e)]
Development Services Committee – November 13,
2017
(2) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD – MINOR VARIANCE APPEAL – 3 ROSEA
COURT (WARD 1) (8.0)
[Section 239 (2) (e)]
(3) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD – MINOR VARIANCE APPEAL – 51
GAINSVILLE AVENUE (WARD 3) (8.0)
[Section
239 (2) (e)]
General Committee – December 5, 2017
(4) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (6.0)
[Section 239 (2) (c)]
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- NOVEMBER 14, 2017 (16.0)
Moved by Councillor
Colin Campbell
Seconded by Councillor
Amanda Collucci
1) That
the Council Confidential Minutes dated November 14, 2017 be confirmed.
Carried
DEVELOPMENT
SERVICES COMMITTEE – November 13, 2017
(2) MINOR
VARIANCE APPLICATION APPEAL
HUSSIEN ALI JAWAD
3 ROSEA COURT
A/81/17 (8.0)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
1) That the confidential
report titled “Minor Variance Application Appeal, Hussien Ali Jawad, 3 Rosea Court”
be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to deny the minor
variances related to front yard setback, rear yard setback, building height and
building depth, provided that the applicant agrees to request the OMB to impose
the staff recommended conditions of approval set out below in the event that
the OMB approves the variances:
a)
The variances apply only to the proposed development as long as it
remains;
b)
That the variances apply only to the subject development, in
substantial conformity with the plan(s) submitted with the application dated
December 2016 (see Appendix A), to the satisfaction of the Director of Planning
and Urban Design or their designate;
c)
That the applicant submits a siting/grading plan of the property to the
Director of Engineering or their designate for review and acceptance, with such
plan to demonstrate:
i. That the existing drainage pattern within the property will
not be altered in such a way as to cause any adverse impact on the
existing drainage from the site to abutting properties; and
ii. That there will be no negative impact to any abutting
property respecting surface water drainage;
ii That
the Secretary Treasurer receives written confirmation that this condition has
been fulfilled to the satisfaction of the Director of Engineering or their
designate; and,
d)
That the applicant submit a stormwater management report to the Director
of Engineering or their designate for review and acceptance, with such report
to include a recommendation that would limit post development run-off to pre
development levels, and that the Secretary Treasurer receives written
confirmation that this condition has been fulfilled to the satisfaction of the
Director of Engineering or their designate;
e)
That subject to
the review and approval of a detailed siting/ grading plan designed and stamped
by a Professional Engineer/Ontario Land Surveyor/Landscape Architect, the owner
demonstrates that the entire building envelope, including all foundations,
windows, porches, stairs and any other protruding structures, will maintain a
minimum distance of 0.6 m from the existing easement on the east side of the
property, and that the Secretary-Treasurer receive written confirmation that
this condition has been fulfilled to the satisfaction of the Director of
Engineering or their designate;
f)
Submission of a
Tree Assessment and Preservation Plan, prepared by a qualified arborist in
accordance with the City’s Streetscape Manual (2009), as amended, which Tree
Assessment and Preservation Plan shall reflect the siting/grading plan referred
to above, to be reviewed and approved by the Director of Planning and Urban
Design or their designate, and that the Secretary-Treasurer receive written
confirmation from the Director of Planning and Urban Design or their designate
that this condition has been fulfilled to his/her satisfaction, and that the
detailed siting/grading plan required as a condition of approval reflects the
Tree Assessment and Preservation Plan.
g)
That prior to the
commencement of construction or demolition, tree protection be erected around
all trees on site, including street trees, to the satisfaction of the Director
of Planning and Urban Design or their designate, in accordance with the City’s
Streetscape Manual (2009) as amended, be inspected by City Staff, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
their designate;
h)
That arrangements
for tree replacements and other plantings be made, if required by and to the
satisfaction of the Director of Planning and Urban Design or their designate,
in accordance with the Tree Assessment and Preservation Plan, and that the Secretary-Treasurer receive written confirmation
that this condition has been fulfilled to the satisfaction of the Director of
Planning and Urban Design or their designate; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) MINOR
VARIANCE APPLICATION APPEAL
APPLICANT: JAILING WU
APPELLANT: JAILING WU
ADDRESS:
51 GAINSVILLE AVENUE
FILE NO.: A/198/16 (8.0)
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Jim Jones
1) That the confidential
report titled “Minor Variance Application Appeal, Jailing Wu, 51
Gainsville Avenue, A/198/16” be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board hearing
regarding the decision of the Committee of Adjustment to deny the minor
variances, provided that the applicant agrees to request the OMB to impose the
staff recommended conditions of approval set out below in the event that the
OMB allows the variances:
a) The variances apply
only to the proposed development as long as it remains;
b) That the variances
apply only to the subject development, in substantial conformity with the
plan(s) attached as Appendix AA to the Staff Report dated August 2, 2017,
including the elimination of the rooftop patio and associated stairwell, to the
satisfaction of the Director of Planning and Urban Design or designate;
c) Submission of a Tree
Assessment and Preservation Plan, prepared by a qualified arborist in
accordance with the City’s Streetscape Manual (2009), as amended, to be
reviewed and approved by the City, and that the Secretary-Treasurer receive
written confirmation from the Director of Planning and Urban Design or
designate that this condition has been fulfilled to his/her satisfaction;
d) That prior to the
commencement of construction or demolition, tree protection be erected and
maintained around all trees on site as well as any trees in the vicinity, in
accordance with the City’s Streetscape Manual (2009) as amended, and inspected
by City Staff to the satisfaction of the Director of Planning and Urban Design
or designate and that the Secretary-Treasurer receive written confirmation that
this condition has been fulfilled to the satisfaction of the Director of
Planning and Urban Design or designate;
e) That tree replacements
be provided and/or tree replacement fees be paid to the City if required in
accordance with the Tree Assessment and Preservation Plan, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
designate;
f) That the height variance
applied for be reduced to 25 feet 6 inches to reflect the elimination of the
rooftop and associated stairwell to the satisfaction of the Director of
Planning; and further,
3) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
GENERAL
COMMITTEE - December 5, 2017
(4) DECLARATION
OF SURPLUS LANDS
- ROBERT WEST LANE (8.6)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Joe Li
1) That
the confidential report entitled “Declaration of Surplus Lands – Robert West
Lane” be received; and,
2) That
in accordance with By-law 178-96, a request for declaration that those lands
described as Part of Lot 31, Concession 1, shown as Part 1 on Registered Plan Plan 65R-10487 (the “Robert West Lane”); City of Markham, Regional
Municipality of York, are surplus to municipal purposes, be placed on an
upcoming Council agenda; and further,
3) That
staff be authorized and directed to do all things necessary to give effect to
the foregoing.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That By-law
2017-156 be given three readings and enacted.
Three Readings
BY-LAW 2017-156 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
DECEMBER 12, 2017.
Carried
15. ADJOURNMENT
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Karen Rea
That the Council Meeting be adjourned at 11:57 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)