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                                                                                                          Council Minutes

                                                                                     May 29, 2017, 7:00 PM

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

                                                                                                      Meeting No. 8

 

Alternate formats for this document are available upon request

 

Roll Call

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe Li (arrived at 7:32 PM and left at 10:32 PM), Regional Councillor Nirmala Armstrong, Councillor Valerie Burke (left at 10:22 PM), Councillor Alan Ho, Councillor Don Hamilton, Councillor Colin Campbell, Councillor Amanda Collucci (arrived at 7:21 PM and left at 10:40 PM), Councillor Alex Chiu.

 

 

Regrets

Councillor Karen Rea, Councillor Logan Kanapathi.

 

 

Staff

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor and Acting Director of Human Resources

Jim Baird, Commissioner of Development Services

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community and Fire Services

Joel Lustig, Treasurer

Raj Raman, Mayor's Chief of Staff

Kimberley Kitteringham, City Clerk

Alida Tari, Council/Committee Coordinator

John Wong, Technology Support Specialist

Mary Creighton, Director of Recreation

 

 

 

The meeting of Council convened at 7:03 PM on May 29, 2017 in the Council Chamber. 

Mayor Frank Scarpitti presided.

 

 

 

Moved by Councillor Valerie Burke

Seconded by Councillor Alan Ho

 

That Council recess at 10:17 PM and reconvene at 10:24 PM.

Carried

 

 


 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        None declared.

 

 

 

2.         APPROVAL OF PREVIOUS MINUTES

 

(1)        COUNCIL MINUTES - MAY 9, 2017

            Minutes

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Colin Campbell

 

            1)         That the Minutes of the Council Meeting held on May 9, 2017, be adopted.

 

Carried

 

 

 

3.         PRESENTATIONS

 

There were no presentations.

 

 

 

4.         DEPUTATIONS

 

(1)        DEPUTATIONS -
            2473330 ONTARIO LTD. TO FACILITATE THE
            CREATION OF 13 SINGLE DETACHED LOTS AND
            8 REAR LANE TOWNHOUSE UNITS WITHIN
            2 TOWNHOUSE BLOCKS ON THE SUBJECT PROPERTY
            KNOWN LEGALLY AS BLOCK 120, PLAN 65M-3830 (WARD 2)
            FILE NO’S: SU/ZA 16 114903 (10.7, 10.5)

            (Item No. 4, Report No. 24)

 

The following individuals addressed Council regarding the applications for a Draft Plan of Subdivision and Zoning By-law Amendment by 2473330 Ontario Ltd.:

 

            1.      Billy Tung, KLM Planning Partners Inc., spoke in support of the proposed recommendation.

            2.      Meaghan McDermid, Davies Howe, on behalf of King David Inc., stated concerns with respect to the proposed elevations.

            (See Item No. 4, Report No. 24 for Council's decision on this matter)

 


 

(2)        DEPUTATION
            1771107 ONTARIO INC. (TIMES GROUP INC.)
            SOUTH SIDE OF HIGHWAY 7, EAST OF WARDEN AVENUE
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT AN INCREASE IN THE MAXIMUM PERMITTED
            NUMBER OF DWELLING UNITS AND MAXIMUM PERMITTED
            BUILDING HEIGHT IN THE TIMES GROUP’S UPTOWN
            MARKHAM DEVELOPMENT. (WARD 3)
            FILE NO. ZA 16 164154 (10.5)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alan Ho

 

That the following deputations regarding the application for 1771107 Ontario Inc. (Times Group Inc.), south side of Highway 7, east of Warden Avenue, be received:

 

1.            Billy Pang - Submitted a petition and expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

2.            Greg Ambrozic - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

3.            Jean Capewell - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

4.            David Lewis - Expressed objection to the proposed recommendation due to the increase in height of the proposed building and traffic concerns.

 

5.            Andrea Winarski - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

6.            Stacey Connors - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

7.            Christine Bergauer-Free - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

8.            Dave McBeth - Expressed objection to the proposed recommendation due to the increase in height of the proposed building.

 

9.            Alick Siu - Submitted a petition and expressed objection to the proposed recommendation due to the increase in height of the proposed building.


 

10.        Lincoln Lo, Malone Given Parsons, on behalf of the applicant, provided information relative to the sun shadow impact.

            (See Item No. 3, Report No. 27 & By-law 2017-51 for Council's decision on this matter)

 

Carried

 

 

 

5.         COMMUNICATIONS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Colin Campbell

 

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

 

Received

17-2017           LIQUOR LICENCE APPLICATION FOR CONGEE QUEEN, 230 COMMERCE VALLEY DRIVE EAST, SUITE 1 (WARD 8) (3.21)

                        Info

                        Forwarding a request for the City of Markham to complete the Municipal Information Form.

                        (Application for outdoor areas only as the indoor areas is currently licenced).

 

Carried

 

 

18-2017           SPECIAL OCCASION LIQUOR PERMIT APPLICATION – MARKHAM FAIR (WARD 6) (3.21)

                        Info

                        Requesting an approval from the City of Markham to designate the Markham Fair being held on September 28, 29, 30 and October 1 2017 at 10801 McCowan Road as an event of Municipal Significance . The City's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support the Markham and East York Agricultural Society's application of a Special Occasion Liquor Permit to be utilized in conjunction with the Fair.

Carried

 


 

19-2017           COMMUNICATION RECEIVED REGARDING THE APPLICATION FOR 1771107 ONTARIO INC. (TIMES GROUP INC.) (10.5)

                        (Item No. 3, Report No. 27 and By-law 2017-51)

                        Email  Transport Canada

 

                        1.   Email dated May 23, 2017 from Hugh Kuang, YRSCC 1303, providing comments.

                        2.   Letter dated May 26, 2017 from Transport Canada providing exemptions from the Buttonville Airport Zoning Regulations.

 

 

20-2017           COMMUNICATION RECEIVED FROM CHIEF ELIZABETH ATLOOKAN, EABAMETOONG FIRST NATION (12.2.6)

                        Letter

                        Chief Elizabeth Atlookan, Eabametoong First Nation, extending their appreciation to the City of Markham on the new partnership and to the Chinese community in Markham for their generous support.

 

 

 

6.         PROCLAMATIONS

 

(1)        PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alan Ho

 

1)         That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

            -     Armenian National Day (May 27, 2017).

            -     Walk for Values Week (June 11 to 17, 2017).

            -     International Day Against Drug Abuse & Illicit Trafficking (June 26, 2017); and,

 

2)         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:

            -     Food Allergy Awareness Month (May 2017); and further,


 

3)         That the following requests 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:

            -     Armenian National Day Flag (May 27, 2017)

                        (Organized by Armenian Community).

            -     Walk for Values Week Flag (June 11 to 17, 2017).

                        (Organized by Sathya Sai School).

 

Carried

 

 

 

7(A)     REPORT NO. 24 - DEVELOPMENT SERVICES COMMITTEE
            (May 8, 2017)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 24 - Development Services Committee comprised of 6 items be received and adopted, except Item Nos. 2 and 4.  (See following Item Nos. 2 and 4)

 

(1)        ACCEPTANCE FOR MAINTENANCE
            OF PLANS OF SUBDIVISION
            REGISTERED PLAN NUMBERS:
            65M-3778, 65R-27216 (PARTS 1, 2, 3, 4, 5, 6 & 7)
            65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457
            (WARDS 2, 3, 4, 5, 7 AND 8) (10.7)

            Report

DSC page 113

 

1)         That the report entitled “Acceptance for Maintenance of Plans of Subdivision, Registered Plan Numbers: 65M-3778, 65R-27216 (Parts 1, 2, 3, 4, 5, 6 & 7), 65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457”, be received; and,

 

2)         That the municipal services in Subdivision Registered Plan numbers 65M-3778, 65R-27216 (Parts 1, 2, 3, 4, 5, 6 & 7), 65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457), be Accepted for Maintenance; and,

 

3)         That the Acceptance for Maintenance Period commence as of January 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 ‘G’, 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 ‘H’, 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 ‘I’, to amend Schedule ‘A’ of the Speed By-law #105-71, 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 ‘J’, to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be enacted; and,

 

10)       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,

 

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

            (By-laws 2017-30 to 2017-42)

 

Carried

 


 

(2)        CORNELL ROUGE NATIONAL
            URBAN PARK GATEWAY - REPORT ON
            DESIGN CHARRETTE AND NEXT STEPS (10.0)

            Report

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the report entitled “Cornell Rouge National Urban Park Gateway - Report on Design Charrette and Next Steps” dated April 24, 2017 be received; and,

 

2)         That a Gateway Advisory Committee be established to assist in the review of Terms of Reference for the preparation of a Cornell Rouge National Urban Park Gateway Vision and Implementation Plan; under the direction of the Markham Subcommittee; and,

 

3)         That consultants be retained through a competitive bid process to prepare the Cornell Rouge National Urban Park Gateway Vision and Implementation Plan; and,

 

4)         That the Cornell Rouge National Urban Park Gateway Vision and Implementation Plan be funded through the existing approved Cornell Secondary Plan Capital Budget 15025; and

 

5)         That a copy of this resolution including the staff report be forwarded to the Federal Minister of Environment and Climate Change and Members of Parliament for Markham; further,

 

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

 

Carried

 

            Council consented to add the following paragraph to the proposed recommendation as Resolution No. 5.

                        "That a copy of this resolution including the staff report be forwarded to the Federal Minister of Environment and Climate Change and Members of Parliament for Markham;"

 


 

(3)        RECOMMENDATION REPORT
            APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT BY
            1696913 ONTARIO INC.
            TO FACILITATE THE CREATION OF
            26 SINGLE DETACHED LOTS FOR THE
            SUBJECT PROPERTY KNOWN LEGALLY AS
            BLOCK 79, PLAN 65M-4033 (WARD 2)
            FILE NO’S: SU/ZA 16 177627 (10.7, 10.5)

            Report

 

1)         That the staff report dated May 8, 2017 titled “RECOMMENDATION REPORT, Applications for a Draft Plan of Subdivision and Zoning By-law Amendment by 1696913 Ontario Inc. to facilitate the creation of 26 single detached lots for the subject property known legally as Block 79, Plan 65M-4033”, be received; and,

 

2)         That the record of the Public Meeting held on September 20, 2016, regarding the proposed Draft Plan of Subdivision and Zoning By-law Amendment by 1696913 Ontario Inc. to facilitate the creation of 26 single detached lots for the subject property known legally as Block 79, Plan 65M-4033, be received; and,

 

3)         That the application submitted by 1696913 Ontario Inc. to amend Zoning By-law 177-96, as amended, be approved and the Draft Zoning By-law amendment attached as Appendix A be finalized and enacted without further notice; and,

 

4)         That Draft Plan of Subdivision 19TM-16001 be approved, subject to the conditions set out in Appendix B of this report, being finalized prior to approval; and,

 

5)         That the Director of Planning and Urban Design or his designate, be delegated authority to issue draft plan approval, subject to the draft conditions set out in Appendix B, as may be amended by the Director of Planning and Urban Design or his designate; and,

 

6)         That the draft plan approval for Plan of Subdivision 19TM-16001 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and,

 

7)         That servicing allocation for 26 units be assigned to Draft Plan of Subdivision 19TM-16001; and further,

 

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

            (By-law 2017-49)

 

Carried

 


 

(4)        RECOMMENDATION REPORT
            APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION
            AND ZONING BY-LAW AMENDMENT BY
            2473330 ONTARIO LTD. TO FACILITATE THE
            CREATION OF 13 SINGLE DETACHED LOTS AND
            8 REAR LANE TOWNHOUSE UNITS WITHIN
            2 TOWNHOUSE BLOCKS ON THE SUBJECT PROPERTY
            KNOWN LEGALLY AS BLOCK 120, PLAN 65M-3830 (WARD 2)
            FILE NO’S: SU/ZA 16 114903 (10.7, 10.5)

            Report

 

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Nirmala Armstrong

 

1)         That the staff report dated May 8, 2017 titled “RECOMMENDATION REPORT, Applications for a Draft Plan of Subdivision and Zoning By-law Amendment by 2473330 Ontario Ltd. To facilitate the creation of 13 single detached lots and 8 rear lane townhouse units within 2 townhouse blocks on the subject property known legally as Block 120, Plan 65M-3830”, be received; and,

 

2)         That the record of the Public Meeting held on September 20, 2016, regarding the proposed Draft Plan of Subdivision and Zoning By-law Amendment by 2473330 Ontario Ltd. To facilitate the creation of 13 single detached lots and 8 rear lane townhouse units within 2 townhouse blocks on the subject property known legally as Block 120, Plan 65M-3830, be received; and,

 

3)         That the application submitted by 2473330 Ontario Ltd. To amend Zoning By-law 177-96, as amended, be approved and the Draft Zoning By-law amendment attached as Appendix A be finalized and enacted without further notice; and,

 

4)         That prior to issuance of draft plan approval, the Architectural Control Guidelines are to be approved, a Control Architect retained, and procedures established to ensure that, prior to issuance of building permits, the site plan and building elevations of each dwelling unit within the plan of subdivision will comply with the Architectural Control Guidelines, all to the satisfaction of the Director of Planning and Urban; and,

 

5)         That conditional upon the satisfaction of Resolution No. 4 to the satisfaction of the Director of Planning and Urban Design, Draft Plan of Subdivision 19TM-16008 be approved subject to the conditions set out in Appendix B of this report being finalized prior to approval; and,

 


 

6)         That the draft plan approval for Plan of Subdivision 19TM-16008 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and,

 

7)         That servicing allocation for 21 units be assigned to Draft Plan of Subdivision 19TM-16008; and further,

 

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

            (By-law 2017-50)

 

Carried

(See following to consider the matter)

 

            Council consented to the following:

 

            Delete the following proposed Resolution Nos. 4 and 5:

"4)        That Draft Plan of Subdivision 19TM-16008 be approved subject to the conditions set out in Appendix B of this report, being finalized prior to approval; and,

 

5)         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 B, as may be amended by the Director of Planning and Urban Design or his designate; and,"

 

            and replace with the following Resolution Nos. 4 and 5:

"4)        That prior to issuance of draft plan approval, the Architectural Control Guidelines are to be approved, a Control Architect retained, and procedures established to ensure that, prior to issuance of building permits, the site plan and building elevations of each dwelling unit within the plan of subdivision will comply with the Architectural Control Guidelines, all to the satisfaction of the Director of Planning and Urban; and,

 

5)         That conditional upon the satisfaction of Resolution No. 4 to the satisfaction of the Director of Planning and Urban Design, Draft Plan of Subdivision 19TM-16008 be approved subject to the conditions set out in Appendix B of this report being finalized prior to approval; and,"

 

 

            Moved by Deputy Mayor Jack Heath

            Seconded by Regional Councillor Jim Jones

 

            That Council consider the the applications for a Draft Plan of Subdivision and Zoning By-law Amendment by 2473330 Ontario Ltd. immediately following the deputations with respect thereto.

Carried


 

 

(5)        RECOMMENDATION REPORT
            TIMES GROUP CORPORATION
            SOUTH OF HIGHWAY 7, EAST OF BAYVIEW AVENUE
            BLOCK 45 AND PART OF BLOCK 49, PLAN 65M-3226
            AND BLOCK 3, PLAN 65M-3575
            OFFICIAL PLAN, ZONING BY-LAW AMENDMENT
            AND SITE PLAN APPROVAL APPLICATIONS TO
            PERMIT A TOWNHOUSE RESIDENTIAL DEVELOPMENT (WARD NO. 8)
            FILE NO.’S: OP 13 131100, ZA 14 131100 AND SC 16 131100 (10.3, 10.5 & 10.6)

            Report

 

1)                  That the deputation and written submission by Frederick Woo regarding applications by Times Group Corporation, South of Highway 7, east of Bayview Avenue, be received; and,

 

2)         That the Staff report dated May 8, 2017 entitled “RECOMMENDATION REPORT, Times Group Corporation, South of Highway 7, east of Bayview Avenue, Block 45 and Part of Block 49, Plan 65M-3226 and Block 3, Plan 65M-3575, Official Plan and Zoning By-law Amendment applications to permit a townhouse residential development” be received; and,

 

3)         That Staff be authorized and directed to finalize for enactment by Council amendments to the 1987 Official Plan and the Leitchcroft Secondary Plan, and the 2014 Official Plan for the conversion of the subject lands from employment lands to residential lands, and to secure a public elementary school site in the Leitchcroft community; and,

 

4)         That the approvals recommended by this report be subject to Council’s approval of a modification the 2014 Official Plan, Part 1, to implement the development recommended in this report, to be forwarded to the Ontario Municipal Board for approval, and,

 

5)         That Staff be authorized and directed to finalize for approval by Council an amendment to Zoning By-law 177-96, as amended, for the townhouse and school block component of the proposed development plan; and,

 

6)         That the site plan for the town house component of  the development plan be endorsed in principle and that the authority for granting site plan endorsement and final approval be delegated to the Director of Planning and Urban Design; and,

 

7)         That servicing allocation for 134 townhouse units be assigned to the townhouse component of the proposed development plan; and,

 

8)         That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,


 

9)         That the Region of York be advised that servicing allocation for 134 units has been confirmed; and further,

 

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

 

Carried

 

 

(6)        LANGSTAFF GATEWAY
            POMONA CREEK CROSSINGS
            CONSTRUCTION AGREEMENT, (WARD 1) (5.7)

            Report

DSC page 266

 

1)         That the report titled “Langstaff Gateway Pomona Creek Crossings Construction Agreement”, be received; and,

 

2)         That Council authorize the Mayor and Clerk to execute one or more construction agreements with Markham Gateway Development Inc., as necessary, to allow for the construction of Pomona Mills Creek crossings as part of the environmental remediation and creek restoration and enhancement works in the Langstaff Gateway Secondary Plan Area; and further,

 

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

 

Carried

 

 


 

7(B)     REPORT NO. 25 - GENERAL COMMITTEE (May 15, 2017)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Colin Campbell

 

That Report No. 25 - General Committee comprised of 2 items be received and adopted.

 

(1)        REPORTING OUT OF LEASE AND
CAPITAL IMPROVEMENT UPDATES
FOR 160 DUDLEY AVE (8.2)

Staff Presentation    Tenant Presentation   Report

 

1)         That the Staff presentation entitled “160 Dudley Ave Capital Improvement Updates” be received; and,

 

2)         That the tenant presentation entitled “Cyrus Foundation Renovation Update” be received; and,

 

3)         That the report entitled “Reporting out of Lease for 160 Dudley Avenue” be received; and,

 

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

 

Carried

 

 

(2)        2017 UNIONVILLE BUSINESS
            IMPROVEMENT AREA AND MARKHAM
            VILLAGE BUSINESS IMPROVEMENT AREA
            OPERATING BUDGETS (7.4)

            Report    Attachment

 

1)         That the report entitled “2017 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated May 15, 2017 be received; and,

 

2)         That the 2017 Operating Budget in the amount of $269,516 for the Unionville Business Improvement Area (UBIA) be approved; and,

 

3)         That the 2017 Operating Budget in the amount of $365,659 for the Markham Village Business Improvement Area (MBIA) be approved; and,


 

4)         That the Special Tax Rate levy, in the amount of $205,982 for the UBIA members and $239,322 for the MBIA members be included in the 2017 Tax Levy By-law; and further,

 

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

 

Carried

 

 

 

7(C)     REPORT NO. 26 - GENERAL COMMITTEE (May 23, 2017)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Amanda Collucci

 

That Report No. 26 - General Committee comprised of 1 item be received and adopted.

 

(1)        2017 TAX RATES
AND LEVY BY-LAW (7.3)

            Report

 

1)         That the report dated May 23rd, 2017 entitled “2017 Tax Rates and Levy By-law” be received; and,

 

2)         That a by-law to provide for the levy and collection of property taxes totalling $670,532,294 required by the City of Markham, The Regional Municipality of York, Boards of Education and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2017, as set out as follows, be approved; and,

 

Taxation Category

2017 Levy Amount

City of Markham

$146,539,380

Region of York*

$294,824,625

School Boards

$228,722,985

Markham Village BIA

$239,322

Unionville BIA

$205,982

Total

$670,532,294

                *Regional Tax Levy Bylaw is scheduled to be approved on May 25th, 2017


 

3)         That Staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act, 2001, as outlined in Section 9 of the attached by-law once the required information is received from the Minister of Training, Colleges and Universities; and,

 

4)         That the attached by-law be passed to authorize the 2017 Tax Rates and Levy By-law; and further,

 

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

(By-law 2017-43)

 

Carried

 

 

 

7(D)     REPORT NO. 27 - DEVELOPMENT SERVICES COMMITTEE
            (May 23, 2017)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 27 - Development Services Committee comprised of 4 items be received and adopted.

 

(1)        ACCEPTANCE FOR MAINTENANCE
            OF PLANS OF SUBDIVISION
            REGISTERED PLAN NUMBERS:
            65M-4317, 65M-4326, 65R-21556 (PARTS 21 & 29)
            (WARD 6) (10.7)

            Report

 

1)         That the report entitled “Acceptance for Maintenance of Plans of Subdivision, Registered Plan Numbers: 65M-4317, 65M-4326, 65R-21556 (Parts 21 & 29)”, be received; and,

 

2)         That the municipal services in Subdivision Registered Plan numbers 65M-4317, 65M-4326, 65R-21556 (Parts 21 & 29), be Accepted for Maintenance; and,

 

3)         That the Acceptance for Maintenance Period commence as of January 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 ‘D’, 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 ‘E’, 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 ‘F’, to amend Schedule ‘A’ of the Speed By-law #105-71, 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 ‘G’, to amend Schedule ‘C’ of the Parking of Vehicles By-law #2005-188, by including prohibited parking on the streets indicated, be enacted; and,

 

10)       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,

 

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

            (By-laws 2017-44 to 2017-47)

 

Carried

 


 

(2)        BUILDING PERMIT APPLICATION (HERITAGE PERMIT)
            FILE NO. 17 161212
            1 THOMSON COURT, MARKHAM
            APARTMENT BALCONY REFURBISHMENT (WARD 4) (10.13)

            Report

 

1)         That the staff report entitled “Building Permit Application (Heritage Permit), File No. 17 161212,  1 Thomson Court, Markham Village, Apartment Balcony Refurbishment”, dated May 23, 2017, be received; and,

 

2)         That the recommendation from the Heritage Markham Committee indicating that the proposed balcony treatment is not supported be received; and,

 

3)         That the balcony improvements include bird-friendly measures; and,

 

4)         That Markham Council has no objection to Building Permit Application 17 162212 which includes a Heritage Permit for alterations within a heritage conservation district; and further,

 

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

 

Carried

 

 

(3)        UPDATE REPORT
            1771107 ONTARIO INC. (TIMES GROUP INC.)
            SOUTH SIDE OF HIGHWAY 7, EAST OF WARDEN AVENUE
            APPLICATION FOR ZONING BY-LAW AMENDMENT
            TO PERMIT AN INCREASE IN THE MAXIMUM PERMITTED
            NUMBER OF DWELLING UNITS AND MAXIMUM PERMITTED
            BUILDING HEIGHT IN THE TIMES GROUP’S UPTOWN
            MARKHAM DEVELOPMENT. (WARD 3)
            FILE NO. ZA 16 164154 (10.5)

            Report

 

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Jim Jones

 

1)                  That the deputations by Reid McAlpine, representing the Unionville Residents Association, and Arina Nummi, regarding the application by 1771107 Ontario Inc. (Times Group Inc.), be received; and,


 

2)                  That the written submissions from Reid McAlpine, representing the Unionville Residents Association, Lincoln Lo of Malone Given Parsons Ltd, with correspondence from Joseph M. Szwalek, Transport Canada, Stacey Connors, Arina Nummi, Justin Hui, and Becky Sin, regarding the application by 1771107 Ontario Inc. (Times Group Inc.), be received; and,

 

3)         That the staff report dated May 23, 2017, titled “UPDATE REPORT, 1771107 Ontario Inc. (Times Group Inc.), South side of Highway 7, east of Warden Avenue, Application for zoning by-law amendment to permit an increase in the maximum permitted number of dwelling units and maximum permitted building height in the Times Group’s Uptown Markham development. (Ward 3), File No. ZA 16 164154” be received, and further,

 

4)         That the application by 1771107 Ontario Inc. (Times Group Inc.), South side of Highway 7, east of Warden Avenue, Application for zoning by-law amendment to permit an increase in the maximum permitted number of dwelling units and maximum permitted building height in the Times Group’s Uptown Markham development. (Ward 3), File No. ZA 16 164154” be approved.

            (By-law 2017-51)

 

Carried by a recorded vote (9:2)

(See following recorded)

(See following to consider the matter)

 

YEAS:             Councillor Don Hamilton, 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 Alex Chiu. (9)

 

NAYS:             Councillor Valerie Burke, Councillor Alan Ho. (2)

 

ABSENT:        Councillor Karen Rea, Councillor Logan Kanapathi. (2)

 

 

            Moved by Councillor Alex Chiu

            Seconded by Deputy Mayor Jack Heath

 

            That Council consider the application for 1771107 Ontario Inc. (Times Group Inc.), South side of Highway 7, east of Warden Avenue, immediately following the deputations with respect thereto.

Carried

 


 

(4)        PUBLIC ART ADVISORY COMMITTEE MINUTES
            - JANUARY 11, 2017 AND APRIL 12, 2017 (16.0)

            Jan. 11   April 12   Presentation

 

1)         That the minutes of the Public Art Advisory Committee meetings held January 11, 2017 and April 12, 2017, be received for information purposes; and,

 

2)         That the following recommendation from the April 12, 2017 Public Art Advisory Committee be endorsed:

 

                        "That the Public Art Advisory Committee recommend that Council endorse the commissioning of Jill Anholt’s “Living Light” public art work for downtown Markham."; and,

 

3)         That the report entitled “Markham Centre Public Art” be received; and,

 

4)         That a new Culture Department 2017 capital project be created for “Markham Centre Public Art”; and,

 

5)         That the received funds from the Remington Group in the amount of $566,913 in the account 087-2801255 be transferred to the new “Markham Centre Public Act” account; and,

 

6)         That staff follow the Public Art Process as outlined in the Public Art Policy (2012 CFP 02), for the initial art installation, at a cost not to exceed $566,913 outlined in this report, and future public art installation within the Remington Group’s Downtown Markham project; and further,

 

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

 

Carried

 

 

 

8.         MOTIONS

 

There were no motions.

 

 

 

9.         NOTICE OF MOTION TO RECONSIDER

 

There was no notice of motion to reconsider.

 

 


 

10.       NEW/OTHER BUSINESS

 

(1)        YORK REGION GOVERNANCE (13.4)

 

Moved by Regional Councillor Nirmala Armstrong

Seconded by Councillor Alex Chiu

 

Whereas Markham City Council on December 10, 2013 and November 1, 2016 supported the request to change the composition of Regional Council by increasing the number of City of Vaughan members from four (4) to five (5); and,

 

Whereas Section 219(2) of the Municipal Act provides that before a by-law changing the composition of Council comes into force, a “triple majority” must be attained; and,

 

Whereas a triple majority cannot be attained;

 

Now therefore be it resolved:

 

1)         That the following correspondences be received:

                        1.      Extract dated November 1 and 2, 2016 from Markham Council minutes including the correspondence dated October 13, 2016 from York Region;

                        2.      Minutes dated January 26, 2017 from York Region Council;

                        3.      Letter dated April 21, 2017 from York Region;

                        4.      Letter dated May 12, 2017 from Mayor Maurizio Bevilacqua, City of Vaughan;

                        5.      Letter dated May 15, 2017 from Township of King;

                        6.      Letter dated May 25, 2017 from Town of Georgina;

                        7.      Email dated May 26, 2017 from Town of East Gwillimbury;

                        8.      Email dated May 18, 2017 from Town of Whitchurch-Stouffville;

                        9.      Memo dated May 26,, 2017 from Markham City Clerk providing a summary of information regarding York Region Governance;

                        10.    Letter dated May 29, 2017 from Town of Aurora;

                        11.    Letter dated May 29, 2017 from Town of Newmarket; and,

 

2)         That the City of Markham continues to support the City of Vaughan’s request; and further,

 

3)         That a copy of this resolution be provided to the Regional Clerk and to the Clerks of all York Region municipalities prior to May 31, 2017.

 

Carried

 


 

            Moved by Regional Councillor Jim Jones

            Seconded by Deputy Mayor Jack Heath

 

            That the following paragraph be added to the proposed recommendation as Resolution No. 2:

 

                        "That the City of Markham continues to support the City of Vaughan’s request."

 

Carried

 

 

            Council consented to not consider the following recommendation from the May 15, 2017 General Committee meeting:

"That the correspondence dated April 21, 2017 from Christopher Raynor, Regional Clerk, Regional Municipality of York, be received; and,

 

That the City of Markham provides consent to a by-law changing the composition and size of Regional Council by increasing the number of members from  The Corporation of the City of Vaughan from four (4) to five (5)."

 

 

 

(2)        GRASS CUTTING ON
            CITY BOULEVARDS AND PUBLIC SPACES (5.0)

 

Councillor Colin Campbell raised concerns with respect to the City's grass cutting service level on City boulevards and public spaces.

 

 

(3)        PUBLIC FIRE HYDRANT WATER THEFT (5.0)

 

Regional Councillor Nirmala Armstrong thanked staff for their work on the public fire hydrant water theft.

 

 

 

11.       ANNOUNCEMENTS

 

There were no announcements.

 

 


 

12.       BY-LAWS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

That By-law 2017-49 be given three readings and enacted.

Carried

 

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alex Chiu

 

That By-laws 2017-33 to 2017-48, 2017-50 and 2017-51 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2017-33      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-3778 AS A PUBLIC HIGHWAY PART OF LOT 10, CONCESSION 6 (SKY PALACE INC.)

                                    (Prince William Drive)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-34      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO REFERENCE PLAN 65R-27216 AS A PUBLIC HIGHWAY BLOCK 128, REGISTERED PLAN 65M-2520, AND PART OF LOT 10, CONCESSION 6 (CHIAVATTI DEVELOPMENTS LIMITED)

                                    (Prince William Drive)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-35      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4174 AS A PUBLIC HIGHWAY PART OF LOT 1, CONCESSION 6 (2148098 ONTARIO LIMITED)

                                    (Celadine Drive)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 


 

BY-LAW 2017-36      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4328 AS A PUBLIC HIGHWAY PART OF LOTS 27 AND 28, CONCESSION 3 (VETMAR LIMITED)

                                    (Bishop’s Gate, Earl Goodyear Road, Helford Street, Livante Court, Living Crescent, Vetmar Avenue, and Zeng Cheng Drive)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-37      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4415 AS A PUBLIC HIGHWAY BLOCK 33, REGISTERED PLAN 65M-3493 (CWH MARKHAM DEVELOPMENTS INC.)

                                    (Wermoth Court and Alatera Avenue)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-38      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4457 AS A PUBLIC HIGHWAY BLOCK 1, REGISTERED PLAN 65M-3616 (FOREST BAY HOMES LTD.)

                                    (Castle Rock Court)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-39      A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

                                    (Compulsory Stops - Acceptance of maintenance for 65M-3778, 65R-27216 (Parts 1, 2, 3, 4, 5, 6 & 7), 65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-40      A BY-LAW TO AMEND SPEED BY-LAW 105-71

                                    (Maximum speed of 40 kilometres per hour - Acceptance of maintenance for 65M-3778, 65R-27216 (Parts 1, 2, 3, 4, 5, 6 & 7), 65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 


 

BY-LAW 2017-41      A BY-LAW TO AMEND PARKING BY-LAW 2005-188

                                    (Prohibited Parking - Acceptance of maintenance for 65M-3778, 65R-27216 (Parts 1, 2, 3, 4, 5, 6 & 7), 65M-4174, 65M-4328, 65M-4406, 65M-4415, 65M-4457)

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-42      A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST (LAPP-PILKEY HOUSE, 7186 ELEVENTH CONCESSION ROAD)

                                    By-law

Carried

 

 

BY-LAW 2017-43      2017 TAX RATES AND LEVY BY-LAW

                                    (Item No. 1, Report No. 26)

                                    By-law

Carried

 

 

BY-LAW 2017-44      A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO REFERENCE PLAN 65R-21556 AS A PUBLIC HIGHWAY PART OF LOT 17 AND 18, CONCESSION 7 (WISMER COMMONS DEVELOPERS GROUP INC.)

                                    (Roy Rainey Avenue)

                                    (Item No. 1, Report No. 27)

                                    By-law

Carried

 

 

BY-LAW 2017-45      A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

                                    (Compulsory stops - Acceptance of maintenance for 65M-4317, 65M-4326, 65R-21556 (Parts 21 & 29))

                                    (Item No. 1, Report No. 27)

                                    By-law

Carried

 

 

BY-LAW 2017-46      A BY-LAW TO AMEND SPEED BY-LAW 105-17

                                    (Maximum speed of 40 kilometres per hour - Acceptance of maintenance for 65M-4317, 65M-4326, 65R-21556 (Parts 21 & 29))

                                    (Item No. 1, Report No. 27)

                                    By-law

Carried

 


 

BY-LAW 2017-47      A BY-LAW TO AMEND PARKING BY-LAW 2005-188

                                    (Prohibited parking - Acceptance of maintenance for 65M-4317, 65M-4326, 65R-21556 (Parts 21 & 29))

                                    (Item No. 1, Report No. 27)

                                    By-law

Carried

 

 

BY-LAW 2017-48      CORNELL ROUGE DEVELOPMENT CORP., PART LOT CONTROL EXEMPTION BY-LAW

                                    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 215 and 216 inclusive on Registered Plan 65M-4354, north of Highway 7 East, south of 16th Avenue and west of Reesor Road.

                                    By-law

Carried

 

 

BY-LAW 2017-49      1696913 ONTARIO INC., BLOCK 79, PLAN 65M-4033, ZONING BY-LAW AMENDMENT

                                    A by-law to amend By-law 177-96, as amended, to facilitate the development of single detached dwellings, west of Prince Regent Street and north of Reflection Road, within the Cathedral Community.

                                    (Item No. 3, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-50      2473330 ONTARIO LTD., BLOCK 120, PLAN 65M-3830, ZONING BY-LAW AMENDMENT

                                    A by-law to amend By-law 177-96, as amended, to facilitate single detached lots and townhouse blocks, west of Prince Regent Street and north of Reflection Road, within the Cathedral Community.

                                    (Item No. 1, Report No. 24)

                                    By-law

Carried

 

 

BY-LAW 2017-51      1771107 ONTARIO INC. (TIMES GROUP INC.), 15 WATER WALK DRIVE, ZONING BY-LAW AMENDMENT

                                    A by-law to amend By-law 2004-196, as amended, to permit the increase in the height of the tower component of the condominium.

                                    By-law

Carried

 

 


 

13.       CONFIDENTIAL ITEMS

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Alan Ho

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters (11:01 PM):

 

(1)        MINUTES OF CONFIDENTIAL COUNCIL MEETING
 - MAY 9, 2017 (16.0)

            [Section 239 (2) (a) (b) (c) (d) (e) (f)]

 

 

General Committee - May 15, 2017

 

(2)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE RESIGNATIONS) (16.24)

            [Section 239 (2) (b)]

 

 

(3)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (PROPOSED LEASE AGREEMENT) (3.0)

            [Section 239 (2) (a)]

 

 

(4)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (DISPOSITION OF LAND IN WARD 7) (8.6)

            [Section 239 (2) (c)]

 

 

(5)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (LEASE AGREEMENT) (8.2)

            [Section 239 (2) (a)]

 

 

Council - May 29, 2017

 

 

(6)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (APPOINTMENTS TO BOARDS/COMMITTEES) (16.24)

            [Section 239 (2) (b)]

 


 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Nirmala Armstrong

 

That Council rise from the private session. (11:11 PM)

Carried

 

 

The confidential items were approved by Council as follows:

 

 

(1)        MINUTES OF CONFIDENTIAL COUNCIL MEETING
             - MAY 9, 2017 (16.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

            1)         That the Council Confidential Minutes dated May 9, 2017 be confirmed.

 

Carried

 

 

(2)        RESIGNATIONS TO BOARDS/COMMITTEES (16.24)

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Nirmala Armstrong

 

1)         That the resignation of Councillor Alan Ho from the Budget Committee and the Flato Markham Theatre Advisory Board be received with regret for information purposes.

 

Carried

 

 

(3)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (PROPOSED LEASE AGREEMENT) (3.0)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Colin Campbell

 

            1)         That the confidential presentation on the the security of the property of the municipality or local board (proposed lease agreement) be received;

 

            2)         That staff be authorized to proceed as directed by Council on May 29, 2017.

 

Carried

 


 

(4)        DECLARATION OF SURPLUS LANDS
            BLOCK 228, 65M-3976 (8.6)

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Jim Jones

 

1)         That the confidential report entitled “Declaration of Surplus Lands - Block 228, 65M-3976, adjacent to 7597 9th Line” be received; and,

 

2)         That in accordance with By-law 178-96, the City declare certain lands described as Block 228, on Registered Plan 65M-3976, City of Markham, Regional Municipality of York (the “Subject Property”), as surplus to municipal purposes; and further,

 

3)         That Staff be authorized and directed to do all things necessary to give effect to the foregoing.

 

Carried

 

 

(5)        THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (LEASE AGREEMENT) (8.2)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Colin Campbell

 

            1)         That the confidential report on the security of the property of the municipality or local board (lease agreement); and,

 

            2)         That staff be authorized to proceed as directed by Council on May 29, 2017.

 

Carried

 


 

(6)        APPOINTMENTS TO BOARDS/COMMITTEES (16.24)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

1)                  That the following person be appointed to the Heritage Markham Committee:

            Name                                                               Term

            Jennifer Peters-Morales                                    November 30, 2019; and,

 

2)                  That the following person be appointed to the Senior’s Hall of Fame Committee:

            Name                                                               Term

            Gail Leet                                                          November 30, 2019

 

Carried

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

That By-law 2017-52 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2017-52      A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 29, 2017.

                                    By-law

 

Carried

 

 


 

15.       ADJOURNMENT

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

That the Council Meeting be adjourned at 11:13 PM.

 

Carried

 

 

 

 

 

 

 

__________________________________                      ________________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

(Signed)

 

 

 

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