Council
Minutes
June
11, 2014, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 13
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 Carolina Moretti,
Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan Kanapathi,
Councillor Alex Chiu.
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
John Wong, Technology
Support Specialist
Dennis Flaherty, Director of
Communications and Community Relations
Mark Visser, Senior Manager, Financial Strategies
& Investments
Raj Raman, Mayor's Chief of
Staff
Martha Pettit,
Deputy City Clerk
Alida Tari,
Council/Committee Coordinator
The regular
meeting of Council convened at 7:14 PM on June 11, 2014 in the Council
Chamber. Mayor Frank Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) Councillor Valerie
Burke disclosed an interest with respect to Motion Item No. 1 titled "Area
of Thornhill Covered by By-Law 77-73" 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 – MAY 27, 2014
Minutes
Moved by
Councillor Alex Chiu
Seconded by Councillor
Carolina Moretti
1) That the Minutes of the
Council Meeting held on May 27, 2014, be adopted.
Carried
Council consented to replace
the word "Abstained" under "Recorded Vote" with the word
"Conflict" in Page 15 of the Council Minutes dated May 27, 2014.
3. PRESENTATIONS
There were no
presentations.
4. DELEGATIONS
(1) DELEGATION
- BY-LAW 2014-78
(ADMINISTRATIVE AMENDMENTS TO
WATER METER BY-LAW 2012-242)
(5.3)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Joe Li
That the
delegation of Barbara Sampson with respect to the proposed By-law 2014-78, a
by-law to amend Water Meter By-law 2012-242 related to enforcement purposes, be
received.
Carried
(2) DELEGATIONS
- MOTION TITLED "AREA OF THORNHILL
COVERED BY BY-LAW 77-73"(10.0)
Moved by Councillor
Logan Kanapathi
Seconded by Regional
Councillor Joe Li
That the following delegations regarding the motion titled "Area of
Thornhill Covered by By-Law 77-73" be received:
1. Mike Papapetrou, Auto Trust Technician,
in support of the proposed motion.
2. Brian Magee, on behalf of Michael Dankevy, in support of the proposed motion.
3. Brian Magee, Raywal
Cabinets/Green Lane Business Group, in
support of the proposed motion.
4. Lorne Kumer, Granite
REIT, in support of the proposed
motion.
5. Srdjana Jaksic, on behalf of Brian Gordon, provided comments.
6. Angela Papapetrou, in
support of the proposed motion.
7. Angela Papapetrou, on
behalf of Sam and Jas Sehota of Birkshire Automobiles, in support of the
proposed motion.
8. Willem Tiemersma,
resident/business owner of Willand Ltd., in support of the proposed motion.
9. Alena Gotz, in support
of the proposed motion in principle.
10. Srdjana Jaksic,
requested that Council defer the proposed motion until September 2014.
Carried
5. PETITIONS
There were no
petitions.
6(A) REPORT NO. 24 - GENERAL COMMITTEE (June 9,
2014)
Moved by Councillor
Carolina Moretti
Seconded by Councillor
Alan Ho
That Report
No. 24 – General Committee comprised of 5 items be received and adopted.
(1) STATUS OF CAPITAL PROJECTS
AS OF APRIL 30, 2014 (7.5)
Report Attachments
1) That the report
entitled “Status of Capital Projects as of April 30, 2014” be received; and,
2) That the amount of
$4,823,179 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 $362,143 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 $69,078 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
$74,475 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 $46,666 to the approved amount of $100,000;
and,
8) That the shortfall of
$139,233.06 from the Award of Tender 079-T-14 8100 Warden Data Centre Retrofit
be funded from the appropriate surplus funds being returned from closed capital
projects; and,
9) That the funding for
the following parcels of land be changed to the corresponding reserves; and
further,
|
Parcel
|
Original Funding
|
Recommended Funding
|
|
16
Main Street, Unionville (Pan Am Site)
|
General
Portfolio Investment Balance
|
Land
Acquisition Reserve Fund 50.8%
|
|
Development
Charges Reserves 44.3%
|
|
Non-DC
Growth Reserve Fund 4.9%
|
|
Karachi
Drive (former site for South East Community Centre & Library)
|
Development
Charges Reserves 90%
|
Parks
5% Cash-in-lieu Reserve Fund 76.5%
|
|
Non-DC
Growth Reserve Fund 10%
|
Land
Acquisition Reserve Fund 23.5%
|
|
YMCA
Blvd (NW corner of Kennedy Rd and 407)
|
Development
Charges Reserves 90%
|
Land
Acquisition Reserve Fund
|
|
Non-DC
Growth Reserve Fund 10%
|
|
160
Dudley Ave (former St. Luke's Catholic School land)
|
Parks
5% Cash-in-lieu Reserve Fund
|
Land
Acquisition Reserve Fund
|
10) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) ONTARIO ICE STORM
ASSISTANCE PROGRAM –
EXPRESSION OF INTEREST (5.7)
Report Attachments
1) That
the report dated June 11th, 2014 entitled “Ontario Ice Storm
Assistance Program – Expression of Interest” be received; and,
2) That
the City submit an expression of interest for assistance under the Ontario Ice
Storm Assistance Program with evidence to support ice damage and estimates of
ice storm costs by June 16, 2014; and,
3) That
the Treasurer or his delegate be authorized to submit claims on behalf of the
City; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) AWARD OF TENDER
079-T-14
8100 WARDEN DATA CENTRE RETROFIT (7.12)
Report
1) That
the report entitled “Award of Tender 079-T-14 8100 Warden Data Centre Retrofit”
be received; and,
2) That
the contract for the 8100 Warden Data Centre Retrofit be awarded to the lowest
priced bidder, Climatemp Systems (2009) Ltd., in the amount of $580,192.78
inclusive of HST impact; and,
3) That a contingency in the amount of $58,019.28 (10%), inclusive of HST impact be established to cover any additional construction costs
and that the Director of Asset Management be authorized to approve expenditures
of this contingency amount up to the specified limit in accordance with the
Expenditure Control Policy; and,
4) That
the award be funded from the ITS Capital Account 049-6900-14083-005 “IT
Disaster Recovery (Business Continuity)”; and,
5) That
the funding shortfall in the amount of $139,233.06 be funded from the
appropriate surplus funds being returned from closed capital projects as
identified in the report titled “Status of Capital Projects as of April 30th,
2014”; and further,
6) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) AWARD OF CONTRACT
285-R-13,
MARKHAM PUBLIC LIBRARY MATERIAL AND
PROCESSING SERVICES (7.12)
Report
1) That the report entitled “Award of Contract 285-R-13 Markham
Public Library Material & Processing Services” be received; and,
2) That
contract 285-R-13 include the Annual Library collection and Opening Day
collection for South East Branch scheduled to open in Q4 2015; and,
3) That
contract 285-R-13 be awarded to the highest ranked and lowest priced bidder
Library Services Centre (“LSC”) for English and French materials in the total
amount of $6,343,475.62 inclusive of HST for a period of four (4) years, seven
months for the following:
Section A: Annual Collection for the seven
(7) current branches
- English & French materials
o
2014 June –
December $ 749,164.71
o
2015 January –
December $1,130,133.33
o
2016 January –
December $1,130,133.33
o
2017 January –
December $1,152,736.00
o
2018 January –
December $1,175,790.72
Section B: Opening Day Collection for South
East Branch Q4 2015
- English & French materials $1,005,517.53; and,
4) That
contract 285-R-13 be awarded to the highest ranked and second lowest priced
bidder Library Services Centre (“LSC”) for multilingual materials (Asian and
European language materials) in the amount of $1,556,226.92 inclusive of HST
for a period of four (4) years, seven months for the following:
Section A: Annual Collection for the seven
(7) current branches
- Multilingual
materials – Asian and European language materials
o
2014 June –
December $185,674.41
o
2015 January –
December $280,094.40
o
2016 January –
December $280,094.40
o
2017 January –
December $285,696.29
o
2018 January –
December $291,410.22
Section B: Opening Day Collection for South East Branch Q4 2015
- Multilingual
materials – Asian and European language materials $233,257.20; and,
5) That
contract 285-R-13 be awarded to the highest ranked and lowest priced bidder
Chinese Publications for Canadian Libraries Ltd. (“CPCL”) for Chinese only
multilingual materials in the amount of $1,792,628.43 for a period of four (4)
years, seven months for the following:
Section
A: Annual Collection for the seven (7) current branches
- Multilingual
materials – Chinese only
o
2014 June –
December $218,212.46
o
2015 January –
December $329,178.84
o
2016 January –
December $329,178.84
o
2017 January –
December $332,470.63
o
2018 January –
December $335,795.34
Section B: Opening Day Collection for South
East Branch Q4 2015
- Multilingual materials – Chinese only $247,792.32; and,
6) That
the award for the seven (7) current branches from June – December 2014 in the
amount of $1,153,051.58 ($749,164.71 + $185,674.41 + $218,212.46) inclusive of
HST be funded from account # 076-5350-14172-005 - Library Collections as
detailed in the Financial Considerations; and,
7) That
the award for the seven (7) current branches from year 2015 – 2018 (January
–December) be funded from the respective years’ capital budget accounts,
subject to Council approval of the annual capital budgets; and,
8) That
the Library Board be permitted on a one-time basis only to expend the remaining
balance of $192,490.42 in the 2014 Library Capital Budget account
#076-5350-14172-005 “Library Collections” on additional French and multilingual
materials to meet annual Library collection requirements; and,
9) That
the award for the Southeast Branch Opening day collection in the amount of
$1,486,567.05 ($1,005,517.53 + $233,257.20 + $247,792.32) inclusive of HST be
funded from account #070-5350-13892-005 - SECC&L - Library Collection as
detailed in the Financial Considerations; and,
10) That
the remaining balance in the amount of $833,932.95 be returned to original
funding source from the Opening Day Library Collections – South East, Account
#070-5350-13892-005 - SECC&L - Library Collection; and,
11) That
the Director of Administration for the Markham Public Library, have the
authority to re-allocate contract amounts to the Library collection accounts
(listed in financial considerations section) within the budget limit of each
account to adapt to publishing trends, change in material formats and community needs; and,
12) That
Staff be authorized to amend the purchase order amounts in years 2015 – 2018 to reflect potential changes to
the Markham Public Library operating budget accounts as approved by Council
during the annual budgeting process; and further,
13) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) NEW BUILDING CANADA
PLAN -
INFRASTRUCTURE FUND APPLICATION (5.0)
Report Attachments
1) That the report “New
Building Canada Plan - Infrastructure Fund Application” be received; and,
2) That staff be
authorized to apply for infrastructure funding for Markham’s flood control
program to the Ministry of Infrastructure as soon as applications are formally
accepted; and,
3) That a copy of this
staff report and Council’s approval, be forwarded to the Ministry of
Infrastructure, signaling that Markham’s Flood Control Program is a priority
and that Markham intends to apply for funding for it under the New Building
Canada Plan – Infrastructure Fund; and,
4) That staff report back
on how to allocate the funds if a favourable response is received from the
Ministry of Infrastructure; and further,
5) That Staff be
authorized and directed to do all things necessary to give effect to this resolution.
Carried
6(B) REPORT NO. 25 - DEVELOPMENT SERVICES
COMMITTEE
(June 10, 2014)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 25 – Development Services Committee comprised of 6 items be received and
adopted.
(1) HUMAN SERVICES PLANNING BOARD
OF YORK REGION (HSPB-YR):
COLLABORATIVE ADVOCACY:
CREATING THE
CONDITIONS TO INCREASE THE
SUPPLY OF PRIVATE
MARKET RENTAL HOUSING OPTIONS
(10.0)
Presentation
1) That
the presentation provided by Regional Councillor John Taylor, Town of
Newmarket, Co-Chair, Human Services Planning Board entitled "Human
Services Planning Board of York Region (HSPB-YR)" be received; and,
2) That
the City of Markham endorse the “Make Rental Happen” plan of the Human Services Planning Board of York Region (HSPB-YR).
Carried
(2) INFORMATION REPORT
APPLICATION FOR SITE PLAN
APPROVAL
BY NORTH MARKHAM 404 GROUP
LTD.
TO PERMIT A 51,000 M2 WAREHOUSE
AND
OFFICE DEVELOPMENT ON THE WEST
SIDE OF HONDA BOULEVARD
NORTH OF THE WOODBINE BY-PASS,
SOUTH OF THE EXISTING
HONDA CANADA PLANT, WITHIN THE
HIGHWAY 404
NORTH PLANNING DISTRICT (PRE
14 119 122) (10.6)
Report
1) That
the report titled “INFORMATION REPORT: Application for Site Plan Approval by
North Markham 404 Group Ltd., to permit a 51,000 m2 warehouse and
office development on the west side of Honda Boulevard, north of the Woodbine
By-pass, south of the existing Honda Canada Plant, within the Highway 404 North
Planning District;”, be received; and,
2) That
the Mayor and Clerk be authorized to enter into a Road Construction and
Conveyance Agreement, registered on title against the lands at the Owner's
expense securing the timing and construction of the roads, including the
provision of financial securities to guarantee construction of the roads to the
satisfaction of the Director of Engineering and City Solicitor; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) PROPOSED GENERAL HOUSEKEEPING
BY-LAW AMENDMENTS RESPECTING
VARIOUS PROVISIONS IN THE CITY
OF MARKHAM
ZONING BY-LAWS
(FILE NUMBERS: ZA 12-107844
AND ZA 12-109460) (10.5)
Memo
1) That
the Memorandum dated June 10, 2014, regarding “Proposed General Housekeeping
By-law Amendments respecting Various Provisions in the City of Markham Zoning
By-laws, File Numbers: ZA 12-107844 and ZA 12-109460”, be received; and,
2) That
the Draft Zoning By-law amendment, to amend the Height definitions in the City
of Markham Zoning By-laws, be deferred; and,
3) That
the Draft Zoning By-law amendment, to amend the Lot Coverage definitions in the
City of Markham Zoning By-laws, be approved, as per the attached Appendix ‘A’,
and be finalized and enacted without further notice; and further,
4) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
(By-law 2014-83)
Carried
(4) SERVICING ALLOCATION UPDATE (5.3, 5.5)
Report Attachment
A Attachment
B Attachment
C Attachment
D
1) That
the report dated June 10, 2014, titled “Servicing Allocation Update”, be
received; and,
2) That
Council authorize Staff to distribute “Current”
and 2015 allocation to those developments proceeding to a building
permit within a reasonable time frame at either Site Plan Endorsement Stage,
Draft Plan of Subdivision Approval stage or other stage of lot creation and to
notify the Region of York of servicing allocation distribution; and,
3) That
Council authorize Staff to distribute 2017/18 allocation and any additional
allocation distributed to Markham by the Region to those developments ready to
proceed; and,
4) That
Council authorizes Staff to submit to the Region the tracking and monitoring report
attached as Attachment D; and,
5) That
Staff report back to Committee upon
finalization of the Region’s Guidelines for their new Sustainable Development
through LEED program and their Servicing Incentive Program and Markham’s own
Sustainable Guidelines and Standards; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) RECOMMENDATION REPORT
CABOTO MEADOWS INC.
311 & 313 HELEN AVENUE
DRAFT PLAN OF SUBDIVISION
APPLICATION
TO PERMIT A TOTAL OF 14 NEW
DWELLINGS AND
TWO PART LOTS FRONTING ONTO
THE CABOTO TRAIL EXTENSION
FILE NOS. OP/ZA & SU 13
127998 (10.7)
Report
1) That
the report entitled “RECOMMENDATION REPORT, Caboto Meadows Inc., 311 & 313
Helen Avenue, Draft Plan of Subdivision application to permit a total of 14 new
dwellings and two part lots fronting onto the Caboto Trail extension, File Nos.
OP/ZA & SU 13 127998,” be received; and,
2) That
the Director of Planning and Urban Design, or his designate, be delegated
authority to issue draft plan approval, subject to conditions set out in
Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or
his designate; and,
3) That
Council authorize servicing allocation for 15.5 semi-detached units (47
population) and 0.5 single-detached units (2 population), and that the Owner
provide a clearance letter from the Trustee of the South Unionville Landowners
Group, confirming that there is adequate servicing allocation for 15.5
semi-detached units (47 population) and 0.5 single-detached units (2
population) within the servicing allocation assigned to South Unionville; and,
4) That
the City reserves the right to revoke or reallocate the servicing allocation
should the development not proceed in a timely manner; and,
5) That
the draft plan approval for plan of subdivision 19TM-13006 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 further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) MAIN STREET MARKHAM NORTH
HIGHWAY 7 TO STATION STREET
PARKING BY-LAW AMENDMENT
(5.12)
Report
1) That
the report entitled "Main Street Markham North, Highway 7 to Station
Street, Parking By-Law Amendment" be received; and,
2) That
Schedule ‘C’ of Parking by-law 2005-188, be amended by rescinding any existing
parking restrictions on Main Street Markham North, between Highway 7 and
Station Street; and,
3) That
Schedule ‘C’ of Parking by-law 2005-188, be amended by prohibiting parking at
specified locations on Main Street Markham North, between Highway 7 and Station
Street; and,
4) That
Schedule ‘D’ of Parking by-law 2005-188, be amended by rescinding any existing
parking restrictions on Main Street Markham North, between Highway 7 and
Station Street; and,
5) That
Schedule ‘D’ of Parking by-law 2005-188, be amended by restricting parking at
specified locations on Main Street Markham North, between Highway 7 and Bullock
Drive; and,
6) That
staff monitor the parking demands with the BIA and report back if any further
parking restrictions are required; and further,
7) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7. MOTIONS
(1) AREA
OF THORNHILL COVERED BY BY-LAW 77-73 (10.0)
Appendix
- Area Map
Discussion on the matter ensued.
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
Whereas this part of Thornhill is and has
been in transition for a number of years and contains a wide range of low
density employment lands with at least one landowner under contract to sell;
and,
Whereas the ongoing and protracted process
between local businesses and residents to reach a satisfactory agreement for
land use has been unsuccessful and has caused a great deal of discord in the
area; and,
Whereas there is the possibility that with a
comprehensive and sophisticated level of urban planning, all stakeholders could
see their land use priorities realized to their satisfaction; and,
Whereas these lands are in a very strategic
location with frontage on Green Lane/John Street, and abutting two rail lines,
one of which is the Go Line from Richmond Hill to Union Station, as well as
being contiguous to, or a short distance from low and medium density
residential uses; and,
Whereas the Go Line from Richmond Hill has
been identified as a line to be converted into quiet Electric or High
Efficiency Diesel Commuter Trains running at frequent intervals; and,
Whereas this line has the potential, with new
drive train technology, to have a number of new stops added at Elgin Mill Road,
Major Mackenzie Road, 16th Ave, Green Lane/John Street, Steeles
Ave, Finch Ave, Eglinton Ave, Bloor Street and Queen Street; and,
Whereas this 85+ Acres
is a strategic parcel for residential infill and intensification, as well as
for a significant increase in non-industrial employment opportunities for the
residents of Markham; and,
Whereas there are few
locations of this size in the GTA available for both residential intensification and
non-industrial employment opportunities, leading to the conclusion that these lands
should be thoroughly studied with the intent of having a Comprehensive
Secondary Plan; and,
Whereas for proper urban planning, it is
extremely important that prior to any new development occurring a comprehensive
road network and land use plan be established; and,
Whereas it is in the interest of the City,
local businesses, and local residents to have this plan cover all of the
relevant lands and have an interactive process involving landowners,
ratepayers, GO, YRT and VIVA and professional world class urban design
consultants;
Now therefore be it resolved:
1) That staff be directed to report back on an estimated cost
for the studies, timing and potential financial resources; and,
2) That Staff engage consultants determined by Staff to be
necessary, such as urban design architects, transportation planners and engineers,
landscape architects to complete a secondary plan study for the lands shown on
the attached Appendix.
Carried by a recorded vote (8:4)
(See following recorded vote)
(Councillor Valerie Burke abstained due to
conflict noted below)
YEAS: Councillor Don
Hamilton, Councillor Carolina Moretti, Regional Councillor Joe Li, Regional
Councillor Jim Jones, Regional Councillor Gord Landon, Councillor Colin
Campbell, Councillor Logan Kanapathi, Councillor Alex Chiu. (8)
NAYS: Councillor
Howard Shore, Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Councillor Alan
Ho. (4)
CONFLICT: Councillor Valerie Burke (1)
Councillor
Valerie Burke disclosed an interest with respect to Motion Item No. 1 titled
"Area of Thornhill Covered by By-Law 77-73" as she has a family owned
business in the Thornhill area and did not take part in the discussion or vote on
this matter.
Council
consented to the following:
Delete the following proposed recommendation:
"1) That Staff engage consultants determined
by Staff to be necessary, such as urban design architects, transportation
planners and engineers, landscape architects
to complete a secondary plan study for the lands shown on the attached
Appendix; and,
2) That staff report back on the cost of the studies referred
to above with options for recovery of those costs."
and replace with the following revised proposed recommendation:
"1) That staff be directed to report back on
an estimated cost for the studies, timing and potential financial resources;
and,
2) That Staff engage consultants determined by Staff to be
necessary, such as urban design architects, transportation planners and engineers,
landscape architects to complete a secondary plan study for the lands shown on
the attached Appendix."
Note: The motion titled "Area
of Thornhill Covered by By-Law 77-73" was given to Council at its meeting
held on May 27, 2014.
8. NOTICES OF MOTIONS
There were no
notices of motions.
9. 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:
Referred to all Members of
Council
31-2014 LIQUOR LICENCE
APPLICATION FOR CONGEE QUEEN, 230 COMMERCE VALLEY DRIVE EAST (WARD 2) (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
32-2014 SPECIAL OCCASION
LIQUOR PERMIT FOR GREEK ORTHODOX COMMUNITY OF MARKHAM (WARD 6) (3.21)
Letter
Requesting
an approval from the City of Markham to designate their Annual Greek Summer
Festival being held from July 18 to 20 and 25 to 27, 2014 at 11359 Warden
Avenue 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 application of a Special Occasion Liquor Permit.
Carried
33-2014 SPECIAL OCCASION
LIQUOR PERMIT FOR MARKHAM FAIR (WARD 4) (3.21)
Letter
Requesting
an approval from the City of Markham to designate the Markham Fair being held
from October 2 to 5, 2014 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 application of a Special Occasion Liquor Permit.
Carried
34-2014 LIQUOR LICENCE
APPLICATION FOR TANGERINE EXPRESS HAKKA CUISINE, 7393 MARKHAM ROAD, UNITS 86
& 87 (WARD 7) (3.21)
Info
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(New premises and application of a new liquor licence for indoor
areas).
Carried
35-2014 ROAD CLOSURE
REQUEST – NIGHT IT UP (3.5)
Info
The following roads will be closed to facilitate the event during the
dates and times noted:
Road Closure
- Town
Centre Blvd between Wallis Way and Cox Blvd - both sides
Date and time:
- Friday
July 11, 2014 (6:30 PM to 11:59 PM)
- Saturday
July 12, 2014 (2:30 PM to 11:59 PM)
- Sunday
July 13, 2014 (2:30 PM to 8:00 PM)
Carried
Received
36-2014 MEMORANDUM -
HOLD REMOVAL BY-LAW FOR H & W DEVELOPMENT CORPORATION, PHASE 2, 33 CLEGG
ROAD AND 38 CEDARLAND DRIVE (10.0)
Memo
Memorandum dated June 11, 2014 from the Commission of Development
Services providing information regarding the application for H & W
Development Corporation, Phase 2, 33 Clegg Road and 38 Cedarland Drive, and
recommending the enactment of the proposed Hold Removal By-law with respect
thereto.
(By-law
2014-80)
10. PROCLAMATIONS
(1) PROCLAMATION
REQUESTS (3.4)
Moved by
Councillor Alex Chiu
Seconded by Councillor
Don Hamilton
1) That the following new requests 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:
- Recreation & Parks Month (June 2014)
- National Health & Fitness
Day (June 7, 2014); and,
2) That the following proclamation, issued by
the City Clerk in accordance with the City of Markham Proclamation Policy, be
received for information purposes:
- International Day Against Drug Abuse and
Illicit Trafficking (June 26, 2014).
Carried
11. NEW/OTHER BUSINESS
(1) DEVELOPMENT CHARGE DEFERRAL
REQUEST
- MON SHEONG FOUNDATION (7.11)
Report Attachments
This matter was
referred from the June 9, 2014 General Committee meeting.
Andy Taylor, Chief Administrative Officer, provided a verbal update on
the status of the development charge deferral for Mon Sheong Foundation.
Mark Visser, Senior Manager, Financial Strategies
& Investments, provided a verbal estimate of the indexed rate for the
development charge deferral.
Moved by
Councillor Alex Chiu
Seconded by Regional
Councillor Gord Landon
1) That
the report titled “Development Charge Deferral Request – Mon Sheong Foundation”
be received; and,
2) That
Council approve the Development Charge Deferral request; and that the Mayor and
Clerk be authorized and directed to enter into an agreement with the applicant
to secure the following terms of approval:
(a) Phased
payment with a defined timeline of not more than three years for full payment
of the development charges.
(b) Payment
of 25% of the total City development charges due for 1 and 2 Sun Yat-Sen Avenue
on the issuance of the building permit for the above grade/structural works,
with payment of the remaining 75% in three equal annual installments commencing
twelve months after issuance of the above grade/structural building permit.
(c) Refund
of 75% of the Area Specific and City Wide Hard development charges paid at the
issuance of the below grade building permit which amounts to $417,529 (75% of
the $556,705 paid).
(d) Provision
of security in a form satisfactory to the Treasurer to secure the outstanding
development charges obligation; and further,
3) That
staff be directed to do all things necessary to give effect to these
recommendations.
Carried by a unanimous recorded vote (13:0)
(See following recorded vote)
(See following to consider the matter)
YEAS: 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 Carolina
Moretti, Councillor Colin Campbell, Councillor Alan Ho, Councillor Logan
Kanapathi, Councillor Alex Chiu. (13)
Council
consented to delete the following proposed recommendation regarding the development
charge deferral for Mon Sheong Foundation:
"1) That
the report titled “Development Charge Deferral Request – Mon Sheong Foundation”
be received; and,
2) That
the Development Charge Deferral request in respect of the construction of a
Seniors Care Facility at 1 and 2 Sun Yat-Sen Avenue by the Mon Sheong
Foundation not be approved; and,
3) That,
should Council approve the Development Charge Deferral request, the Mayor and
Clerk be authorized and directed to enter into an agreement with the applicant
to secure the following terms of approval:
(a) Phased
payment with a defined timeline of not more than three years for full payment
of the development charges.
(b) Payment
of 25% of the total City development charges due for 1 and 2 Sun Yat-Sen Avenue
on the issuance of the building permit for the above grade/structural works,
with payment of the remaining 75% in three equal annual installments commencing
twelve months after issuance of the above grade/structural building permit.
(c) Refund
of 75% of the Area Specific and City Wide Hard development charges paid at the
issuance of the below grade building permit which amounts to $417,529 (75% of
the $556,705 paid).
(d) The
development charges be calculated and paid at the higher of (1) the rate that
is in effect at the time of payment, (2) the indexed rate from the date of
building permit issuance, (3) the rate in effect at building permit issuance
plus accrued interest at the Bank of Canada Prime Business Rate or (4) the rate
in effect at building permit issuance plus the average cost of borrowing
through the Region of York, if applicable.
(e) Provision
of security in a form satisfactory to the Treasurer to secure the outstanding
development charges obligation, in the amount of 110% of outstanding
development charges (based on a 3 year term) to protect against any increase in
the rates; and further,
4) That
staff be directed to do all things necessary to give effect to these
recommendations."
and
replace with the following revised proposed recommendation:
"1) That
the report titled “Development Charge Deferral Request – Mon Sheong Foundation”
be received; and,
2) That
Council approve the Development Charge Deferral request; and that the Mayor and
Clerk be authorized and directed to enter into an agreement with the applicant
to secure the following terms of approval:
(a) Phased
payment with a defined timeline of not more than three years for full payment
of the development charges.
(b) Payment
of 25% of the total City development charges due for 1 and 2 Sun Yat-Sen Avenue
on the issuance of the building permit for the above grade/structural works,
with payment of the remaining 75% in three equal annual installments commencing
twelve months after issuance of the above grade/structural building permit.
(c) Refund
of 75% of the Area Specific and City Wide Hard development charges paid at the
issuance of the below grade building permit which amounts to $417,529 (75% of
the $556,705 paid).
(d) Provision
of security in a form satisfactory to the Treasurer to secure the outstanding
development charges obligation; and further,
3) That
staff be directed to do all things necessary to give effect to these
recommendations."
Moved by Councillor Alex Chiu
Seconded by Regional Councillor Jim Jones
That Council consider the item titled "Development Charge Deferral
Request - Mon Sheong Foundation" immediately following the Presentation
Section of the Council Agenda.
Carried
(2) SPECIAL
DEVELOPMENT SERVICES COMMITTEE MEETING
- JUNE 16, 2014, 7:00 PM
(KING DAVID INC., 10340, 10350
AND 10370 WOODBINE AVENUE) (16.0)
Moved by Councillor
Alan Ho
Seconded by Deputy
Mayor Jack Heath
1) That
a Special Meeting of Development Services Committee be held on June 16, 2014,
7:00 pm, to discuss the matter of King David Inc., 10340, 10350 and 10370
Woodbine Avenue.
Carried by a 2/3 vote of Council Members present
(3) DEVELOPMENT
CHARGE POLICES REVIEW (7.11)
Moved by
Deputy Mayor Jack Heath
Seconded by Regional
Councillor Gord Landon
1) That staff review the
policies with respect to deferral and/or exemption of development charges for
affordable housing projects and non-profit health care facilities.
Carried by a 2/3 vote of Council Members present
12. BY-LAWS
Moved by
Councillor Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-laws
2014-73 to 2014-77 and 2014-80 to 2014-83 be given three readings and enacted.
Carried
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That By-law
2014-78 be given three readings and enacted.
Carried
Three Readings
BY-LAW 2014-73 ARISTA HOMES UNIONVILLE INC., PART LOT CONTROL EXEMPTION BY-LAW
By-law
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 78, 79, 260 to 264 inclusive, 272, 273, 297 and 298; and Blocks
340 to 348 inclusive, 353, 361, 385 and 386, Plan 65M-4398, east
of Kennedy Road and north of 16th Avenue in the Berczy Village
Secondary Plan area.
Carried
BY-LAW 2014-74 VISPANIA HOME INC., PART LOT CONTROL EXEMPTION BY-LAW
By-law
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 1, 2, 162, 163, 175, 176, 186, 187, 234, 235,
236, 246, 247, 310, 315, 316, 317, 323 and 324; and Blocks 325 to 333 inclusive,
356, 357 and 362, Plan 65M-4398, east of Kennedy Road and north of 16th Avenue in the Berczy
Village Secondary Plan area.
Carried
BY-LAW 2014-75 MATTAMY (WYKLAND) LIMITED, PART LOT CONTROL EXEMPTION BY-LAW
By-law
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Block 1, Plan 65M-4406, west of Cornell Centre
Boulevard and north of Highway 7, in the Cornell Community.
Carried
BY-LAW 2014-76 ROAD DEDICATION BY-LAW (ANNINA CRESCENT)
By-law
A by-law to dedicate certain lands as part of
the highways of the City of Markham (Block 184, Plan 65M-3246 - Annina
Crescent)
Carried
BY-LAW 2014-77 PRISTINE HOMES (GREENSBOROUGH) INC., PART LOT CONTROL EXEMPTION
BY-LAW
By-law
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Blocks 34 and 35, Plan
65M-4334, north of Donald Cousens Parkway, south of Major
Mackenzie Drive East and west of 9th Line, within the Greensborough
community.
Carried
BY-LAW 2014-78 A BY-LAW TO AMEND WATER METER BY-LAW 2014-242 (ADMINISTRATIVE
AMENDMENTS)
By-law
Carried
BY-LAW 2014-80 H & W DEVELOPMENT CORPORATION, PHASE 2, 33 CLEGG
ROAD AND 38 CEDARLAND DRIVE, HOLD REMOVAL BY-LAW
By-law
A by-law to amend By-law 2004-196, as amended, to permit
construction of the second phase of the proposed apartment development.
(Communication No. 36-2014)
Carried
BY-LAW 2014-81 A BY-LAW TO AMEND PARKING BY-LAW 2005-188, SCHEDULE
"C" PERTAINING TO "NO PARKING" (MAIN STREET MARKHAM NORTH
HIGHWAY 7 TO STATION STREET PARKING RESTRICTIONS).
(Item No. 6, Report No. 25)
By-law
Carried
BY-LAW 2014-82 A BY-LAW TO AMEND PARKING BY-LAW 2005-188, SCHEDULE
"D" PERTAINING TO "RESTRICTED PARKING" (MAIN STREET MARKHAM
NORTH HIGHWAY 7 TO STATION STREET PARKING RESTRICTIONS).
(Item No. 6, Report No. 25)
By-law
Carried
BY-LAW 2014-83 GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (LOT COVERAGE).
(Item No. 3, Report No. 25)
By-law
Carried
13. IN-CAMERA ITEMS
Moved by Councillor
Don Hamilton
Seconded by
Councillor Alex Chiu
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into an in-camera session to discuss the following matters (9:51
PM):
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MAY 15 AND 27, 2014 (16.0)
[Section 239 (2) (b) (c) (d) (e) (f)]
General Committee – June 9, 2014
(2) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES
(BOARD/COMMITTEE APPOINTMENTS AND RESIGNATIONS) (16.24)
[Section 239 (2) (b)]
(3) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD (WARD 4) (7.0 & 16.11)
[Section 239 (2) (c)]
(4) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES AND ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING
COMMUNICATIONS NECESSARY FOR THAT PURPOSE
(MEMBER OF A BOARD/COMMITTEE) (3.0)
[Section 239 (2) (b) (f)]
Development Services Committee – June 10,
2014
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 4) (8.0)
[Section 239 (2) (e)]
(6) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 7) (8.0)
[Section 239 (2) (e)]
Carried
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Valerie Burke
That Council
rise from the in-camera session. (10:03 PM)
Carried
The in-camera
items were approved by Council as follows:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- MAY 15 AND 27, 2014 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the Council In-camera
Minutes dated May 15 and 27, 2014 be confirmed.
Carried
(2) BOARD/COMMITTEE
APPOINTMENTS AND RESIGNATIONS (16.24)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That
the following appointments to the Markham Village Train Station Community
Centre Board be confirmed:
Name Term
Dianne More May
31, 2015
Ken Rudy May
31, 2015
Donna Wigmore May
31, 2015
Mari Lin Van Zetten May
31, 2015
Theo Rothe May
31, 2015
Dorothy Gilbert May
31, 2015
Linaire Armstrong May
31, 2015
Annette Ali May
31, 2015
Ina Campbell May
31, 2015
Mathew Harris May
31, 2015
Karen Harris May
31, 2015; and,
2) That
the resignation of Muhammad Zahid Rashid from the Markham Environmental
Advisory Committee be received with regret for information purposes and
that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,
3) That
the resignation of Rosemary Donegan from the Varley-McKay Art Foundation of
Markham be received with regret for information purposes and that a letter
of appreciation be forwarded by Mayor Frank Scarpitti; and further,
4) That
the resignation of Roger Feng from the Markham Theatre Advisory Board be
received with regret for information purposes and that a letter of appreciation
be forwarded by Mayor Frank Scarpitti.
Carried
(3) PROPERTY MATTER
RELOCATION OF THE
JAMES BRANDER HOUSE TO MARKHAM
HERITAGE ESTATES JACOB VAN HALTEREN,
APPLICANT FINANCIAL CAPABILITY OF
APPLICANT/LOT SELECTION (7.0 AND 16.11)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That the report on financial capability and lot selection
for the applicant, Jacob Van Halteren, to purchase a lot and relocate and
restore the James Brander House at Markham Heritage Estates be received; and,
2) That Lot 34, Plan 65M-2761, City of Markham, Regional
Municipality of York
(2 Alexander Hunter Place, Markham Heritage Estates) be declared surplus to the
City’s needs; and,
3) That notice of the proposed sale of the above lands be
placed on the next Council agenda, or subsequent date; and,
4) That the Mayor and Clerk be authorized to execute an
Agreement of Purchase and Sale between Jacob Van Halteren and the City of
Markham including any other documentation required to give effect to these
recommendations in a form satisfactory to the City Solicitor; and further,
5) That
Staff be authorized and directed to take the actions set out in this report.
Carried
(4) PERSONAL MATTERS ABOUT
AN IDENTIFIABLE INDIVIDUAL
FROM THE UNIONVILLE BUSINESS IMPROVEMENT AREA (3.0)
Moved by
Regional Councillor Jim Jones
Seconded by
Regional Councillor Gord Landon
1) That
staff be directed to bring back a report with recommendations to amend By-law
169-83 to establish an appropriate governance model and appropriate control
mechanisms in respect of the UBIA/Board of Management ("Board") and
that the following be addressed in the report:
i) the
vision/goals/objectives of the UBIA;
ii) the
membership eligibility of the UBIA;
iii) the
appointment of Directors to the Board;
iv) the
roles/responsibilities of the Board;
v) Board vacancies;
vi) the
roles/responsibilities of the Chair, Vice-Chair, Secretary and Treasurer;
vii) signing
authority;
viii) the procedures to
be followed for Board meetings/Membership meetings, including:
(a) agendas;
(b) minutes
(including the requirement for the
minutes to reflect whether quorum is established, the times each meeting item
is discussed, and the time quorum is lost (if applicable);
(c) quorum;
(d) voting procedures;
(e) delegations;
(f) conflict of
interest;
(g) delegations;
(g) exceptions to the
open meeting requirement, as set out in Section 239 of the Municipal
Act;
ix) City approval of
employee /independent contractor appointments;
x) ownership of UBIA
assets;
xi) insurance
provided by the City;
xii) services provided
by the City; and,
2) That Larry Mariani be
appointed to the Unionville Business Improvement Area Board of Directors
for a term to expire November 30, 2014.
Carried
(5) CONFIDENTIAL
REPORT
MINOR VARIANCE APPEAL
5697 MAJOR MACKENZIE DRIVE
EAST
MACKENZIE BUILDERS AND
DEVELOPERS LTD.
FILE A/191/13 (8.0, 10.12)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That
the report titled “Minor Variance Appeal, 5697 Major Mackenzie Drive East,
Mackenzie Builders and Developers Ltd., File A/191/13”, dated June 10, 2014, be
received; and,
2) That
Council direct staff not to attend the Ontario Municipal Board (OMB) Hearing
regarding the decision of the Committee of Adjustment to deny the requested
minor variance, providing the appellant agrees to request the OMB to implement
the staff recommended conditions of approval submitted to the Committee of
Adjustment; and further,
3) That Staff be authorized
and directed to do all things nessasary to give effect to this resolution.
Carried
(6) CONFIDENTIAL
REPORT
MINOR VARIANCE APPEAL
7025 MARKHAM ROAD, COR-LOTS
DEVELOPMENTS LTD.
FILE A/19/14 (8.0, 10.12)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Gord Landon
1) That
the report titled “Minor Variance Appeal, 7025 Markham Road, Cor-Lots
Developments Ltd., File A/19/14”, dated June 10, 2014, be received; and,
2) That
Council direct Staff not to attend the Ontario Municipal Board (OMB) Hearing
regarding the decision of the Committee of Adjustment to deny the requested
minor variance, providing the Appellant agrees to request the OMB to impose the
staff recommended conditions of approval submitted to the Committee of
Adjustment; and further,
3) That Staff be authorized
and directed to do all things nessasary to give effect to this resolution.
Carried
14. CONFIRMATORY BY-LAW
Moved by
Councillor Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2014-79
be given three readings and enacted.
Three Readings
BY-LAW 2014-79 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
JUNE 11, 2014.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
That the Council Meeting be adjourned at 10:06 PM.
Carried
_________________________________ _______________________________
Martha
Pettit Frank
Scarpitti
Deputy
City Clerk Mayor
(Signed)