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                                                                                                          Council Minutes

                                                                            November 25, 2014, 7:00 PM

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

                                                                                                     Meeting No. 20

 

Alternate formats for this document are available upon request

 

 

Roll Call

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Gord Landon, Regional Councillor Joe Li, Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu.

 

 

Regrets

Councillor Carolina Moretti.

 

 

Staff

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor

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

John Wong, Technology Support Specialist

Dennis Flaherty, Director of Communications and Community Relations

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

 

 

 

The regular meeting of Council convened at 7:05 PM on November 25, 2014 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Valerie Burke disclosed an interest with respect to Item 2, Report No. 38 (Thornhill Revitalization Area Land Use Study), as she has a family owned business in the Thornhill area and did not take part in the discussion or vote on this matter.

 

 


 

2.         MINUTES

 

(1)        COUNCIL MINUTES
            SEPTEMBER 17, SEPTEMBER 23 AND 24, AND OCTOBER 1, 2014

            Sept 17   Sept 23and24   Oct 1

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

            1)         That the Minutes of the Council Meetings held on September 17, September 23 and 24, and October 1, 2014, be adopted.

 

Carried

 

 

 

Mayor Frank Scarpitti welcomed Bishop Vacso Rajak and Father George Farah to the Council meeting.

 

 

 

3.         PRESENTATIONS

 

(1)        PRESENTATION TO DEPARTING MEMBERS OF COUNCIL
            - REGIONAL COUNCILLOR GORD LANDON
            - COUNCILLOR HOWARD SHORE
            -
COUNCILLOR CAROLINA MORETTI (12.2.6)

 

Moved by Councillor Colin Campbell

Seconded by Deputy Mayor Jack Heath

 

That Council suspend the rules of procedure to allow for a presentation to departing Members of Council.

 

Carried by a 2/3 vote of the Members present

 

 

Regional Councillor Gord Landon

On behalf of Council, Mayor Frank Scarpitti expressed appreciation to Regional Councillor Gord Landon's many years of service on Markham Council.  Mayor Scarpitti highlighted some of the many achievements by Regional Councillor Landon.

 

Regional Councillor Gord Landon thanked Members of Council and staff.


 

Mayor Frank Scarpitti presented congratulatory certificates from John McCallum, MP, Markham-Unionville, Kathleen Wynne, Premier of Ontario, Michael Chan, MPP, Markham-Unionville and Members of Council, City of Markham, to Regional Councillor Landon.

 

 

Councillor Howard Shore

On behalf of Council, Mayor Frank Scarpitti expressed appreciation to Councillor Howard Shore's hard work and enthusiasm during his term as a Member of Markham Council.  Mayor Scarpitti highlighted some of the many accomplishments of Councillor Shore.

 

Councillor Howard Shore thanked Members of Council and staff.

 

Mayor Frank Scarpitti presented a congratulatory certificate to Councillor Howard Shore from Members of Council.

 

 

            Councillor Carolina Moretti

On behalf of Council, Mayor Frank Scarpitti expressed appreciation to Councillor Carolina Moretti for her hard work and dedication during her terms as a Member of Markham Council.

 

Mayor Scarpitti will be presenting a congratulatory certificate to Councillor Moretti from Members of Council.

 

 

 

4.         DELEGATIONS

 

(1)        DELEGATIONS
- THORNHILL REVITALIZATION AREA
LAND USE INTENSIFICATION STUDY
TERMS OF REFERENCE (10.0)

 

The following individuals addressed Council regarding the item titled "Thornhill Revitalization Area Land Use Intensification Study, Terms of Reference":

 

1.         Robert Ede, spoke in opposition to the proposed motion.

2.         Alena Gotz spoke in favour of the proposed motion.

3.         Artem Pozdniakov, Settlers Park Residents Association, spoke in favour of the proposed motion.

4.         Brian Gordon, spoke in opposition to the proposed motion.

            (See Item No. 2, Report No. 38 for Council's decision on this matter)

 

 


 

5.         PETITIONS

 

 

 

6(a)      REPORT NO. 37 - GENERAL COMMITTEE (November 17, 2014)

 

Moved by Councillor Logan Kanapathi

Seconded by Regional Councillor Gord Landon

 

That Report No. 37 – General Committee comprised of 13 items be received and adopted.

 

 

(1)        2015 COUNCIL AND STANDING COMMITTEE
MEETING CALENDAR (JANUARY TO JUNE) (16.0)

            Calendar

 

1)         That the 2015 Council and Standing Committee Meeting Calendar for January to June be approved; and,

 

2)         That the City Clerk be directed to report back to General Committee in April 2015 with a recommendation on best practice guidelines for Council and Standing Committee meetings; and further,

 

3)         That the 2015 Council and Standing Committee Meeting Calendar for July to December be brought forward for consideration in April 2015.

 

Carried

 

            Council consented to add a Markham Enterprise Corporation meeting to be held immediately following the January 26, 2015 General Committee meeting.

 

 

(2)        MINUTES OF THE SEPTEMBER 18, 2014
            GREEN PRINT ADVISORY COMMITTEE (16.0)

            Minutes

 

1)         That the minutes of the September 18, 2014 Green Print Advisory Committee meeting be received for information purposes; and,

 

2)         That the following recommendation from the September 18, 2014 Green Print Advisory Committee meeting be endorsed:

 

a)    That the Corporate Greenhouse Gas emissions target of 5% reduction from 2012 to 2019 be adopted; and,

 

b)    That the Corporate Energy Management Plan that recommends the measures to achieve the 5% reduction be received; and,


 

c)    That staff submit both the 5% reduction target and Corporate Energy Management Plan to the Federation of Canadian Municipalities Partner’s for Climate Protection program to achieve milestone’s two and three for the corporation; and further,

 

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

 

Carried

 

 

(3)        TEMPORARY BORROWING BY-LAW 2015 (7.0)

            Report

 

1)         That the report “Temporary Borrowing By-law 2015” be received; and,

 

2)         That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of an amount not to exceed $153,357,412 from January 1, 2015 to September 30, 2015 and $76,678,706 from October 1, 2015 to December 31, 2015 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and,

 

3)         That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further,

 

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

            (By-law 2014-166)

 

Carried

 

 

(4)        INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF 2015 BUDGET (7.0)

            Report

 

1)         That the report “Interim Spending Authority pending approval of 2015 Budget”, be received; and,

 

2)         That Council approve 50% of the City’s 2014 Operating, Waterworks, Planning & Design, Building Standards and Engineering budgets equal to $153,357,412 as a  pre-budget approval for 2015 operating expenditures; and further,

 

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

 

Carried

 


 

(5)        INTERIM SPENDING AUTHORITY PENDING
APPROVAL OF 2015 UNIONVILLE AND
MARKHAM VILLAGE IMPROVEMENT AREAS (B.I.A) BUDGETS (7.4)

            Report

 

1)         That the report dated November 17, 2014, entitled “Interim Spending Authority Pending Approval of 2015 Unionville and Markham Village Business Improvement Areas (B.I.A.) Budgets”, be received; and,

 

2)         That Council approve 50% of the 2014 Operating Budget equivalent to the amounts of $117,049 and $150,898 for the Unionville B.I.A. (UBIA) and Markham Village B.I.A (MBIA) respectively as pre-budget approval for 2015 operating expenditures; and further,

 

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

 

Carried

 

 

(6)        STAFF AWARD REPORT: DISK BASED BACK-UP&
ARCHIVAL SYSTEM REPLACEMENT (7.12)

            Report

 

1)         That the report entitled “179-R-14 Disk Based Backup and Archival Solution” be received; and,

 

2)         That the contract for “Disk Based Backup and Archival Solution” be awarded to the highest ranked, lowest priced bidder, Compugen Inc., in the amount of $456,088.98 inclusive of HST, (hardware, software and labour component totaling $341,348.88 and warranty, support and maintenance fee component totaling $114,740.10 for a term of six years to expire on December 31, 2020); and,

 

3)         That the hardware, software and labour cost component for 179-R-14 be funded from capital project  Disk Based Backup and Archival System (Account #049- 5350-14409-005) in the amount of $341,348.88, and the remaining funds of $12,690.36 will be used for the purchase of server racks, network switches as budgeted for in the Data Centre infrastructure replacement project; and,

 

4)         That the warranty, support and maintenance fee component for the hardware and software at $19,123.35 per year for a  six (6) year term starting in 2015, for the total amount of $114,740.10 (inclusive of HST) to be funded from operating budget account #400-404-5361 subject to Council approval of the 2015 to 2020 Operating Budgets; and,


 

5)         That the recommended bidder, Compugen Inc. be designated as preferred vendor for City’s Disk Based Backup and Archival System for the term of this contract; and,

 

6)         That the purchase orders may be adjusted to acquire additional Disk Based Backup and Archival Systems to support growth and future projects, subject to Expenditure Control Policy; and,

 

7)         That the Chief Information Officer and Senior Manager, Purchasing & Accounts Payable be authorized to approve any new purchases of Disk Based Backup and Archival Systems needed due to growth during the term of this contract; and further,

 

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

 

Carried

 

 

(7)        AWARD OF WEST THORNHILL FLOOD CONTROL
IMPLEMENTATION – PHASE 1C AND 2
DETAILED DESIGN (7.12)

            Report   Attachments

 

1)         That the report entitled “Award of West Thornhill Flood Control Implementation – Phase 1C and Phase 2 Detailed Design” be received; and,

 

2)         That the contract for the detailed design of storm sewer and watermain for the Phase 2 area (Grandview) and watermain for Phase 1C – South (Canadiana Drive) be awarded to R.V. Anderson Associates Ltd. in the amount of $412,364.08 inclusive of provisional item, disbursements and HST; and,

 

3)         That a 10% contingency in the amount of $41,236.41 inclusive of HST be established to cover any additional costs and that the authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

4)         That the storm sewer detailed design component in the amount of $278,362.44 inclusive of contingency and HST be funded from “Flood Control Implementation – West Thornhill Phase 2” 058-6150-14271-005; and,

 

5)         That the watermain replacement detailed design component in the amount of  $175,238.05 inclusive of contingency and HST be funded from the “Waterworks Stabilization/Capital Reserve” and a new Waterworks capital project be established for ‘Watermain Detailed Design – for Phase 1C and Phase 2”; and,


 

6)         That the procurement process be waived in accordance with Purchasing By-Law 2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (c), which states “When the extension of an existing contract would prove more cost-effective and beneficial”; and further,

 

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

 

Carried

 

 

(8)        2015 INTERIM TAX LEVY BY-LAW AND REPORT (7.3)

            Report

 

1)         That the report “2015 Interim Tax Levy By-law” be received; and,

 

2)         That Council authorize an interim tax levy for 2015; and,

 

3)         That the attached by-law be passed to authorize the 2015 interim tax levy; and further,

 

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

(By-law 2014-167)

 

Carried

 

 

(9)        STATUS OF CAPITAL PROJECTS AS OF
SEPTEMBER 30, 2014 (7.5)

            Report   Attachments

 

1)         That the report entitled “Status of Capital Projects as of September 30, 2014” be received; and,

 

2)         That the amount of $1,506,700 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 in Exhibit B and C be approved; and,

 

4)         That the Non-DC Capital Contingency Project be topped up, from the Life Cycle Replacement and Capital Reserve, by $404,420 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 (DC) Reserve, by $18,287 to the approved amount of $100,000; and,

 

6)         That the Design Capital Contingency Project be topped up, from the Development Charges (DC) Reserve, by $44,877 to the approved amount of $100,000; and,

 

7)         That the Waterworks Capital Contingency Project be topped up, from the Waterworks Stabilization/Capital Reserve, by $79,996 to the approved amount of $100,000; and,

 

8)         That a new project for emergency roof repairs at the Markham Museum be approved; and further,

 

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

 

Carried

 

 

(10)      2015 CAPITAL BUDGET PRE-APPROVAL (7.5)

            Report   Attachments

 

1)         That the report dated November 17th, 2014 entitled, “2015 Capital Budget Pre-Approval” be received; and

 

2)         That Council approve the 2015 Capital Budget pre-approval which totals $8,527,500 as outlined in Appendices 1 and 2; and further,

 

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

 

Carried

 

 

(11)      STATUS UPDATE ON IMPLEMENTATION OF
            STORMWATER FEE (5.5 & 2.0)

            Report   Appendices

 

1)         That the report titled “Status Update on Implementation of Stormwater Fee” be received; and,

 

2)         That the Council- approved Stormwater Fee of $47 per residential property be included on the property tax bill effective 2015; and,


 

3)         That the existing Council resolution be amended to include all properties in the City of Markham Stormwater Fee; and,

 

4)         That implementation of the non-residential Stormwater Fee be delayed to 2016 until completion of the communication engagement process with the business community to seek input on methods of apportioning the non-residential share (40%) of the City-wide flood control program; and,

 

5)         That Staff report back with an interim report on the results of the engagement process with the non-residential sector by the end of the first quarter 2015; and,

 

6)         That a ‘Stormwater Fee’ by-law be established to levy a Stormwater Fee; and,

 

7)         That staff be directed to do a complete analysis of the associated costs of having the fees on the PowerStream bill versus the City of Markham tax bill; and further,

 

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

            (By-law 2014-168)

 

Carried

 

 

(12)      PROPOSED ALL-WAY STOP CONTROL –
VARIOUS LOCATIONS (5.12)

            Report   Attachments

 

1)         That the report entitled “Proposed All-way Stop Control – Hillmount Road & Willow Heights Boulevard; Castlemore Avenue & Swan Park Road”, be received; and

 

2)         That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of Hillmount Road & Willow Heights Boulevard; and,

 

3)         That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of Castlemore Avenue & Swan Park Road; and,

 

4)         That the Operations Department be directed to install the appropriate signs and pavement markings at the subject locations; and,


 

5)         That the cost of materials and installation for the traffic signs and pavement markings be funded from capital project # 14228 (Traffic Operational Improvements) in the amount of $1,000; and,

 

6)         That York Region Police be requested to enforce the all-way stop controls upon installation of these stop signs and passing of the By-law; and further,

 

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

            (By-law 2014-169)

 

Carried

 

 

(13)      QUALITY MANAGEMENT SYSTEMS –
MANAGEMENT REVIEW OUTCOMES (5.3)

            Report

 

1)         That the report “Quality Management System –Management Review Outcomes” be received; and,

 

2)         That the Quality Management System Management Review Outcomes be received;

 

3)         That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcomes and action items identified from the 2014 Management Review; and,

 

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

 

Carried

 

 


 

6(b)      REPORT NO. 38 - DEVELOPMENT SERVICES COMMITTEE
            (November 18, 2014)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Howard Shore

 

That Report No. 38 – Development Services Committee comprised of 4 items be received and adopted, except Item No. 2. (See following Item No. 2)

 

 

(1)        RECOMMENDATION REPORT
PROCEDURAL BY-LAW FOR THE
CITY OF MARKHAM COMMITTEE OF ADJUSTMENT
PR 14 128493 (10.12)

            Report

 

1)         That the report dated November 18, 2014 titled “Recommendation Report – Procedural By-law for the City of Markham Committee of Adjustment, PR 14 128493”, be received; and,

 

2)         That a Procedural By-law for the Committee of Adjustment be endorsed for adoption by Council; and further,

 

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

(By-law 2014-170)

 

Carried

 

 

(2)        THORNHILL REVITALIZATION AREA
            LAND USE INTENSIFICATION STUDY
            TERMS OF REFERENCE
            FILE PR 14 126187 (10.0)

            Report

 

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Gord Landon

 

1)         That the report titled “Thornhill Revitalization Area Land Use Intensification Study, Terms of Reference, File PR 14 126187” be received; and,

 

2)         That the Terms of Reference attached as Appendix B to this report be endorsed as the basis for a 2015 Capital Budget submission and Request for Proposals for Consulting Services; and,


 

3)         That funding for this project be considered under the 2015 Capital Budget process, with the funding source being Development Charges (Planning and Engineering Studies); and,

 

4)         That staff and the selected consultant report to Development Services Committee regarding the Feasibility of the proposed GO Station/Mobility Hub, as a first phase of the study, before proceeding with the balance of the study; and further,

 

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

 

Referred by a recorded vote (11:0)

(Councillor Valerie Burke abstained to due conflict noted below)

(See following to refer the matter)

(See following to move the matter forward for consideration)

(See following to consider the matter)

 

Councillor Valerie Burke disclosed an interest with respect to Item 2, Report No. 38 (Thornhill Revitalization Area Land Use Study), as she has a family owned business in the Thornhill area and did not take part in the discussion or vote on this matter.

 

 

Motion to refer the matter

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Gord Landon

 

That the matter titled “Thornhill Revitalization Area Land Use Intensification Study, Terms of Reference, File PR 14 126187” be referred back to Development Services Committee to allow for further discussion with Metrolinx and community consultation.

 

Carried by a recorded vote (11:0)

(Councillor Valerie Burke abstained to due conflict)

(See following recorded vote)

 

            YEAS:             Councillor Howard Shore, Councillor Don Hamilton, Regional Councillor Joe Li, Regional Councillor Jim Jones, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Gord Landon, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi, Councillor Alex Chiu. (11)

 

            ABSENT:        Councillor Carolina Moretti. (1)

 

            CONFLICT:    Councillor Valerie Burke. (1)

 


 

            Motion to move the matter forward for consideration

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Gord Landon

 

That Council consider the matter titled “Thornhill Revitalization Area Land Use Intensification Study, Terms of Reference, File PR 14 126187” immediately following the delegations with respect thereto.

Carried

 

 

Motion to consider the matter

Moved by Regional Councillor Jim Jones

Seconded by Regional Councillor Gord Landon

 

That Council consider the matter titled “Thornhill Revitalization Area Land Use Intensification Study, Terms of Reference, File PR 14 126187” as proposed.

Carried

 

 

(3)        RECOMMENDATION REPORT
KYLEMORE COMMUNITIES (VICTORIA SQUARE) LTD.
10975 WOODBINE AVENUE
APPLICATIONS FOR ZONING BY-LAW AMENDMENT
AND DRAFT PLAN OF SUBDIVISION
FILE NO. ZA 13 113916 & SU 13 113916 (10.5, 10.7)

            Report

 

1)         That the Staff report entitled “RECOMMENDATION REPORT, Kylemore Communities (Victoria Square) Ltd., 10975 Woodbine Avenue, Applications for Zoning By-law Amendment and Draft Plan of Subdivision, File No. 13 113916 & SU 13 113916” be received; and,

 

2)         That the record of the Public Meeting held on April 1, 2014, relating to the applications for Zoning By-law Amendment and Draft Plan of Subdivision Approval by Kylemore Communities (Victoria Square) Ltd., located on the east side of Woodbine Avenue, north of Elgin Mills Road, within the Highway 404 North Secondary Plan area, be received; and,

 

3)         That Draft Plan of Subdivision 19TM-13002 prepared by J.D. Barnes Ltd, identified as Project Number 14.2027 dated October 29, 2014, be endorsed subject to conditions of draft plan approval set out in Appendix ‘C’ to this report; and,


 

4)         That final approval of Draft Plan of Subdivision 19TM-13002 prepared by J.D. Barnes Ltd, identified as Project Number 14.2027 dated October 29, 2014, be delegated to Staff; and,

 

5)         That servicing allocation for 147 units be granted to plan of subdivision 19TM-13002 from the total allocation for the Highway 404 North Secondary Plan area, assigned in accordance with the June 11, 2014 report on servicing allocation; and,

 

6)         That the draft plan approval for plan of subdivision 19TM-13002 will lapse after a period of three years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period; and,

 

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

 

8)         That the Region of York be advised of the servicing allocation for this development; and,

 

9)         That the draft amendments to Zoning By-laws 304-87 and 177-96 for the subject lands, attached to this report as Appendix ‘A’, be finalized and enacted; and further,

 

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

            (By-law 2014-171)

 

Carried

 

 

(4)        KYLEMORE VICTORIA SQUARE COMMUNITY DESIGN PLAN
            AND ARCHITECTURAL DESIGN GUIDELINES
            FILE NO. ZA 13 113916 & SU 13 113916 (10.0)

            Report

 

1)         That the Development Services Commission Report dated November 18, 2014, entitled “Kylemore Victoria Square Community Design Plan and Architectural Design Guidelines” be received; and,

 

2)         That the Kylemore Communities (Victoria Square) Ltd. Neighbourhood Design Brief (Community Design Plan, “CDP”), attached to the November 18, 2014 report, prepared by John G. Williams Architect and Alexander Budrevics & Associates Limited Landscape Architects be approved in principle; and,

 

3)         That the Kylemore Communities (Victoria Square) Ltd. Architectural Design Guidelines (“ADG”), attached to the November 18, 2014 report, prepared by John G. Williams Architect be approved in principle; and,


 

4)         That all development applications within the Kylemore Communities Victoria Square Community be reviewed to ensure compliance with the CDP and ADG; and,

 

5)         That the Director of Planning be authorized to approve any future required revisions to the CDP and ADG; and further,

 

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

 

Carried

 

 

 

7.         MOTIONS

 

 

(1)        WARD 8 MILLIKEN LEITCHCROFT COMMUNITY (12.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Don Hamilton

 

Whereas many of Markham’s electoral wards are comprised of communities that have names, such as Milliken, Berczy, Angus Glen, Unionville, Thornhill and Markham Village; and,

 

Whereas the names of those communities reflect, in some cases, their original settlement names; and,

 

Whereas the eastern portion of Ward 8 is known as the community of Milliken, an area that began as a rural crossroads community with its post office named Milliken’s Corners after Norman Milliken, a United Empire Loyalist that settled in the area in 1807; and,

 

Whereas Ward 8 was expanded for the October 27, 2014 municipal election to include the community of Leitchcroft, which was named for the Leitchcroft Experimental Farm, established by prominent Toronto businessman Gordon C. Leitch in 1938, which was a landmark agricultural property in Markham until the 1980s; and,

 

WHEREAS it is important to reflect the names of the two original communities that now comprise Ward 8;

 

Therefore be it resolved that Ward 8 be referred to as the Ward for “Milliken Leitchcroft”.

 

Carried

(See following to introduce the matter)


 

            Moved by Councillor Alex Chiu

            Seconded by Councillor Don Hamilton

 

            That Council introduce a motion titled "Milliken Leitchcroft Community" for consideration.

Carried by a 2/3 vote of the Members present

 

 

(2)        CHRISTMAS SEASON (12.2.6)

 

Moved by Councillor Colin Campbell

Seconded by Councillor Logan Kanapathi

 

            1)         That the City of Markham offer the greeting of “Merry Christmas” in publications to its residents during the Christmas Season.

 

Carried

(See following to introduce the matter)

 

            Moved by Councillor Colin Campbell

            Seconded by Councillor Alan Ho

 

            That Council introduce a motion titled "Christmas Season" for consideration.

 

Carried by a 2/3 vote of the Members present

 

 

 

8.         NOTICES OF MOTIONS

 

There were no notices of motions.

 

 


 

9.         COMMUNICATIONS

 

Moved by Councillor Alex Chiu

Seconded by Regional Councillor Jim Jones

 

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

 

Received

49-2014           ROAD CLOSURE REQUEST – OLDE TYME CHRISTMAS CANDLELIGHT PARADE (3.5)

                        Info

                       

The following roads will be closed on December 5, 2014 from 5:30 PM to 10:00 PM to facilitate the event:

-     Carlton Rd. West to Pomander Rd.

-     Carlton Rd. East to Stanford Rd.

-     Main St. Unionville North to Library Lane

-     Main St. Unionville & Carlton Rd.

-     Fred Varley Drive West of Main St. Unionville

-     Concession Rd. & Main St. Unionville

-     Victoria St. & Main St. Unionville

-     Main St. Unionville & Station Lane

Carried

 

 

50-2014           ROAD CLOSURE REQUEST – MARKHAM SANTA CLAUS PARADE (3.5)

                        Info

 

                        The following roads will be closed on November 29, 2014 during the time noted to facilitate the event:

1.      Hwy 7 North of Main St. N. Markham Parkway Ave.        9:00 am - 1:30 pm

2.      Hwy 7 East of Wooten Way to West of Hwy 48                 8:00 am - 1:30 pm

3.      Wooten Way West of Hwy 7                                             8:00 am - 1:30 pm

4.      Wideman St. North of Hwy 7                                             8:00 am - 1:30 pm

5.      Christman Court South of Hwy 7                                        8:00 am - 1:30 pm

6.      Savannah Cres. North of Hwy 7                                         8:00 am - 1:30 pm

7.      Jerman St. North of Hwy 7                                                 8:00 am - 1:30 pm

8.      Thomson Court West of Main St.                                       9:00 am - 1:30 pm

9.      Washington St. North of Hwy 7                                          8:00 am - 1:30 pm

10.  Albert Street & Hwy 7                                                       8:00 am - 1:30 pm

11.  Centre Street east of Main St.                                             9:00 am - 1:30 pm

12.  Robinson St. West of Main St.                                            9:00 am - 1:30 pm

13.  Albert St, North of Hwy 7                                                  8:00 am - 1:30 pm

14.  Dublin St. West of Main St.                                                9:00 am - 1:30 pm

15.  Robinson St. East of Main St  Markham to George St         7:00 am - 1:30 pm

16.  Wilson St. West of Main St.                                               9:00 am - 1:30 pm

17.  Bullock Drive West of Main St.                                          9:00 am - 1:30 pm

18.  Parkway Ave. East of Main St.                                           9:00 am - 1:30 pm

19.  Ramona Blvd. West of George St.                                      9:00 am - 1:30 pm

20.  Reeves Drive                                                                      9:30 am - 11:00 am

21.  Station St. West of Main St.                                               10:00 am - 1:30 pm

22.  Beech St. West of Main St.                                                10:00 am - 1:30 pm

23.  Eby Way West of Main St.                                                 10:00 am - 1:30 pm

24.  Springdale Ave. West of Main St.                                       10:00 am - 1:30 pm

25.  Gleason Ave East of Main St.                                             10:00 am - 1:30 pm

26.  Peter St. South of 16th Ave                                                 10:00 am - 1:30 pm

27.  David St. West of Main St.                                                 10:00 am - 1:30 pm

28.  Pilkey Lane East of Main St.                                               10:00 am - 1:30 pm

29.  Elizabeth St. South of 16th Avenue                                      10:00 am - 1:30 pm

30.  Quarry Stone Ave. South of 16th Ave.                                10:00 am - 1:30 pm

31.  16th Ave. East of Mingay Ave.                                            10:00 am - 1:30 pm

32.  Heritage Corners North of 16th Ave.                                   10:00 am - 1:30 pm

33.  Main St. North-East of Deer Park Lane                              10:00 am - 1:30 pm

34.  Main St. North-East & West of 16th Ave.                           10:00 am - 1:30 pm

35.  Main St. North; North of Bur Oak Ave.                              10:00 am - 1:30 pm

Carried

 

 

51-2014           LIQUOR LICENCE APPLICATION FOR CHEF WONG'S, 3235 HIGHWAY 7 EAST, UNITS 18 & 19 (WARD 6) (3.21)

                        Info

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

                        (Change of ownership and application of a liquor licence for indoor areas previously licenced).

Carried

 

52-2014           ONTARIO MUNICIPAL BOARD (OMB) DECISION – 2145312 ONT. INC. 1 STEELCASE ROAD WEST (13.13)

                        Communication

 

                        Summary from the City Solicitor:

On September 4, 2014, the Ontario Municipal Board issued a decision regarding the settlement of an appeal by Harry Farber Construction Limited (the “appellant”) respecting the City’s approval of  Zoning By-law No. 2013-45 (“By-law”), which rezoned 1 Steelcase Road West (“subject property”) to permit a phased mixed-use commercial/office development as follows: 


 

“The first phase proposes the demolition of approximately 10 per cent of the existing building and the construction of a 16-storey office          building, a 2-storey retail building, and a three level parking garage.  Future phases include the introduction of two additional office buildings (15 and 17 storeys), a hotel (17 storeys), and two stand-alone retails restaurants.”

 

2145312 Ontario Limited (“applicant”) owns the subject property. 

 

Following settlement discussions, the applicant, the appellant and the City agreed to amendments to the By-law that incorporated comments from the Region respecting the hold provision, and imposed a restriction with respect to minimum size of 46.45 square metres (500 square feet) for retail stores.  The intent of the unit size restriction was to ensure that adequate parking would be available.  The applicant and the appellant agreed to additional minor revisions to the By-law that the City did not take a position on.

 

The Board member considered the evidence from the applicant’s planner in support of the settlement, and approved the revised By-law.

Carried

 

 

53-2014           LIQUOR LICENCE APPLICATION FOR SENSE, 3235 HIGHWAY 7 EAST, UNIT 18A (WARD 6) (3.21)

                        Info

                       

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

                        (Change of ownership and application of a liquor licence for indoor areas previously licenced).

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Colin Campbell

 

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

            -     National Seniors Day (October 1, 2014)

            -     German Pioneers Day (October 14, 2014)

            -     Pulmonary Hypertension Month (November 2014)

            -     World AIDS Day (December 1, 2014); 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:

            -     World Mental Health Day (October 10, 2014); 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:

            -     National Seniors Flag (October 1, 2014)

            -     Poppy Flag (October 31 to November 11, 2014).

 

Carried

 

 

 

11.       NEW/OTHER BUSINESS

 

There was no new/other business.

 

 

 

12.       BY-LAWS

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That By-laws 2014-164 to 2014-172 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2014-164    BRIARLANE DEVELOPMENTS INC., PART LOT CONTROL EXEMPTION BY-LAW

                                    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, north side of Riverlands Avenue, which is east of Bur Oak Avenue and north of Church Street in the Cornell Secondary Plan area, Lot 153 and Block 157, Registered Plan 65M-4375.

                                    By-law

Carried

 


 

BY-LAW 2014-165    ASPEN RIDGE HOMES LTD., PART LOT CONTROL EXEMPTION BY-LAW

                                    A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, north of Bur Oak Avenue and east of Country Glen Boulevard in the Cornell Secondary Plan area, Lots 25 to 30, Lots 40 to 42, Lots 46 to 48 and Lots 61 and 62, Plan 65M-4362.

                                    By-law

Carried

 

 

BY-LAW 2014-166    TEMPORARY BORROWING BY-LAW 2015.

                                    A by-law to authorize the temporary borrowing to meet the expenditures of the municipality until taxes are collected and other revenues are received in 2015.

                                    (Item No. 3, Report No. 37)

                                    By-law

Carried

 

 

BY-LAW 2014-167    2015 INTERIM TAX LEVY BY-LAW

                                    A by-law to authorize an interim tax levy for 2015.

                                    (Item No. 8, Report No. 37)

                                    By-law

Carried

 

 

BY-LAW 2014-168    STORMWATER FEE BY-LAW

                                    A bylaw to levy stormwater fee (Residential properties).

                                    (Item No. 11, Report No. 37)

                                    By-law

Carried

 

 

BY-LAW 2014-169    A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71 (ALL-WAY STOP CONTROL – HILLMOUNT ROAD & WILLOW HEIGHTS BOULEVARD; CASTLEMORE AVENUE & SWAN PARK ROAD)

                                    (Item No. 12, Report No. 37)

                                    By-law

Carried

 

 

BY-LAW 2014-170    A BY-LAW TO ESTABLISH A PROCEDURE FOR THE COMMITTEE OF ADJUSTMENT OF THE CITY OF MARKHAM.

                                    (Item No. 1, Report No. 38)

                                    By-law

Carried


 

 

BY-LAW 2014-171    KYLEMORE COMMUNITIES (VICTORIA SQUARE) LTD.
10975 WOODBINE AVENUE, ZONING BY-LAW AMENDMENTS

                                    A by-law to amend by-law 304-87, as amended, and to amend by-law 177-96, as amended, to permit a Draft Plan of Subdivision.

                                    (Item No. 3, Report No. 38)

                                    By-law

Carried

 

 

BY-LAW 2014-172    ANGUS GLEN VILLAGE LTD., 15 STOLLERY POND CRESCENT, HOLD REMOVAL BY-LAW

                                    A by-law to amend By-law 177-96, as amended, to allow for a residential development.

                                    By-law

Carried

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Howard Shore

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (9:34 PM):

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - SEPTEMBER 23, 2014 (16.0)

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

 

 

 

General Committee – November 17, 2014

 

 

(2)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.6)

            [Section 239 (2) (c)]

 


 

(3)        PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(
PROPERTY TAX MATTER UNDER
SECTION 373 OF THE MUNICIPAL ACT, 2001) (7.3)

            [Section 239 (2) (b)]

 

 

(4)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.0)

            [Section 239 (2) (c)]

 

 

 

Development Services Committee – November 18, 2014

 

 

(5)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 3) (8.0)

            [Section 239 (2) (e)

 

 

(6)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.6)

            [Section 239 (2) (c)]

 

Carried

 

 

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Howard Shore

 

That Council rise from the in-camera session. (9:46 PM)

Carried

 

 


 

The in-camera items were reported out as follows:

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
- SEPTEMBER 23 AND 24, 2014 (16.0)

 

Moved by Councillor Alex Chiu

Seconded by Councillor Alan Ho

 

            1)         That the Council In-camera Minutes dated September 23 and 24, 2014 be confirmed.

 

Carried

 

 

(2)        REPORTING OUT OF ACQUISITION OF LANDS
            AND EASEMENT FOR EXTENSION OF ANDERSON AVENUE (8.6)

            Report

 

Moved by Regional Councillor Gord Landon

Seconded by Regional Councillor Jim Jones

 

1)         That the report entitled “Reporting out of Acquisition of Lands and Easement for extension of Anderson Avenue” be received; and,

 

2)         That Staff be authorized and directed to take the actions set out in this report.

 

Carried

 

 

(3)        PROPERTIES FOR TAX SALE – UPDATE (7.3)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Logan Kanapathi

 

1)         That the confidential report entitled “Properties for Tax Sale - Update” be received; and,

 

2)         That staff be authorized to proceed as directed by Council on November 25, 2014.

 

Carried

 


 

(4)        REPORTING OUT OF ACQUISITION OF LANDS
            AT WILLIAMSON ROAD AND MAPLE RIDGE CRESCENT (8.0)

            Report

 

Moved by Regional Councillor Joe Li

Seconded by Councillor Don Hamilton

 

1)         That the report entitled “Reporting out of Acquisition of Lands at Williamson Road and Maple Ridge Crescent”, be received; and,

 

2)         That Staff be authorized and directed to take the actions set out in this report.

 

Carried

 

 

(5)        LITCHFIELD DEVELOPMENTS LIMITED (LANTERRA DEVELOPMENTS), 4116, 4128 AND 4142 HIGHWAY 7 (NORTH SIDE, WEST OF SCIBERRAS ROAD), OMB APPEALS OF APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION TO PERMIT A TOWNHOUSE DEVELOPMENT
FILE NOS. OP 13 125529, ZA 13 125529 AND SU 13 125529 (8.0)

 

Moved by Councillor Don Hamilton

Seconded by Councillor Howard Shore

 

1)         That the confidential report dated November 18, 2014 titled “Litchfield Developments Limited (Lanterra Developments), 4116, 4128 and 4142 Highway 7 (north side, west of Sciberras Road), OMB appeals of applications for Official Plan and zoning by-law amendment and draft plan of subdivision to permit a townhouse development,” be received; and,

 

2)         That Council direct the City Solicitor or her designate and all necessary staff to attend the OMB hearing to support approval of the applications for Official Plan and zoning by-law amendment and draft plan of subdivision based on the applicant’s current proposed plan (Figure No. 8), subject to conditions and any required technical revisions, as described in this Report; and,

 

3)         That staff be authorized to negotiate the content of the Official Plan Amendment, Zoning By-law Amendment and conditions of draft plan of subdivision approval with the applicant, in consultation with the applicable public agencies; and further,


 

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

 

Carried

 

 

(6)        A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD MATTER (WARD 8) (8.6)

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Colin Campbell

 

1)         That the confidential report dated November 18, 2104 from the Commissioner of Development Services and Director of Engineering regarding a proposed or pending acquisition or disposition of land by the municipality or local board matter in Ward 8 be received; and,

 

2)         That staff be authorized to proceed as directed by Council on November 25, 2014.

 

Carried

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

 

That By-law 2014-173 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2014-173    A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 25, 2014.

                                    By-law

 

Carried

 

 


 

15.       ADJOURNMENT

 

Moved by Regional Councillor Gord Landon

Seconded by Councillor Howard Shore

 

That the Council Meeting be adjourned at 9:49 PM.

 

Carried

 

 

 

 

 

 

_________________________________                        _______________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

 

(Signed)

 

 

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