Council Minutes

                                                                                     May 15, 2014, 7:00 PM

                                                                  Council Chamber, Anthony Roman Markham Civic Centre

 

 

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

Brenda Librecz, Commissioner of Community and Fire Services

Joel Lustig, Treasurer and Acting Commissioner of Corporate Services

John Wong, Technology Support Specialist

Dennis Flaherty, Director of Communications and Community Relations

Alan Brown, Director of Engineering

Kimberley Kitteringham, City Clerk

Martha Pettit, Deputy City Clerk

 

 

 

The regular meeting of Council convened at 7:12 PM on May 15, 2014 in the Council Chamber.  Mayor Frank Scarpitti presided.

 

 

 

1.         DISCLOSURE OF PECUNIARY INTEREST

 

(1)        Councillor Valerie Burke disclosed an interest with respect to the Notice of Motion Item No. 1 titled "Final Recommendation Report Regarding Thornhill Revitalization Study" as she has a family owned business in the Thornhill area.

 

 

(2)        Deputy Mayor Jack Heath disclosed an interest with respect In-camera Item No. 8, Resolution No. 3 (CUPE Units Local 905 Inside and Outside Memorandum of Settlement  related to health and dental benefits) as he and his spouse own shares in Sun Life Financial, and did not take part in the discussion or vote on this matter.

 

 

 

2.         MINUTES

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Alex Chiu

 

(1)        COUNCIL MINUTES - APRIL 30, 2014

            Minutes

 

            1)         That the Minutes of the Council Meeting held on April 30, 2014, be adopted.

 

Carried

 

 

 

3.         PRESENTATIONS

 

There were no presentations.

 

 

 

4.         DELEGATIONS

 

(1)        DELEGATION OF JEFF LAU
             - PROCLAMATION OF TABLE TENNIS MONTH (3.4)

 

Moved by Councillor Don Hamilton

Seconded by Councillor Alan Ho

 

That the delegation of Jeff Lau, Canadian Chinese Table Tennis Association (CCTA), in support of the proclamation of September 2014 "Table Tennis Month" be received.

(See Proclamation Item No. 1 for Council's decision on this matter)

Carried

 

 

(2)        DELEGATION OF EDISON CHUA
 - LITCHFIELD DEVELOPMENTS LIMITED
(LANTERRA DEVELOPMENTS)
4116, 4128 AND 4142 HIGHWAY 7 (10.3, 10.5, 10.7)

 

Moved by Councillor Don Hamilton

Seconded by Councillor Alan Ho

 

            That the delegation of Edison Chua expressing concerns for the proposed Ferrah Street plan related to the development application submitted by Litchfield Developments Limited, (Lanterra Developments), 4116, 4128 and 4142 Highway 7 be received.

            (See Item No. 1, Report No. 21 for Council's decision on this matter)

Carried

 

 

(3)        DELEGATION OF PETER ROSS
            - CONTRACT AWARD OF 066-T-14 RECONSTRUCTION
            OF MAIN STREET MARKHAM FROM HIGHWAY 407 TO HIGHWAY 7 (7.12)

 

Moved by Councillor Don Hamilton

Seconded by Councillor Alan Ho

 

That the delegation of Peter Ross, Vinegar Hill Ratepayer's Association, expressing concerns with respect to the crosswalks for the reconstruction of Main Street Markham from Highway 407 to Highway 7 be received.

            (See New/Other Business Item No. 1 for Council's decision on this matter)

 

Carried

 

 

(4)        DELEGATION OF DEANNA LU
            - NO CASINO MARKHAM PETITION (13.2)

 

Moved by Councillor Valerie Burke

Seconded by Regional Councillor Gord Landon

 

            That the delegation of Deanna Lu in support of the "NO Casino Markham" petition be received.

            (See Petition Item No. 1 for Council's decision on this matter)

 

Carried

(See following to hear the delegation)

 

            Moved by Councillor Alan Ho

            Seconded by Councillor Howard Shore

 

            That Council suspend the rules of procedure to hear the delegation of Deanna Lu.

 

Carried by a 2/3 vote of Council Members present

 

 

 

5.         PETITIONS

 

(1)        NO CASINO MARKHAM PETITION (13.2)

            Petition

 

Moved by Councillor Alan Ho

Seconded by Councillor Valerie Burke

 

            That the "NO Casino Markham" petition forwarded by approximately 4120 individuals be received.

 

Carried

(See following to introduce the matter)

 

            Moved by Councillor Alan Ho

            Seconded by Councillor Don Hamilton

 

            That Council suspend the rules of procedure to allow for the introduction and receipt of a "NO Casino Markham" petition.

Carried by a 2/3 vote of Council Members present

 

 

 

 

6(a)      REPORT NO. 19 - GENERAL COMMITTEE (May 5, 2014)

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Logan Kanapathi

 

That Report No. 19 – General Committee comprised of 6 items be received and adopted.

 

(1)        065-T-14 SUPPLY AND DELIVERY TWENTY
FOUR (24) VARIOUS VEHICLES (7.12)

            Report

 

1)         That the report entitled “065-T-14 Supply and Delivery Twenty Four (24) Various Vehicles” be received; and,

 

2)         That the contract for supply and delivery of various vehicles be split and awarded to the lowest priced bidders for each respective vehicle in the following amounts:

 

-           Woodbine Truck Centre Ltd.       $302,430.72

-           Performance Chrysler                  $126,681.02

-           Giles Chevrolet Ltd.                     $115,826.28

-           Airport Nissan                             $  42,444.10

-           Maciver Dodge Limited               $158,447.44

-           East Court Ford Lincoln              $  77,377.28

            Total Award                                $823,206.84 (Inclusive of HST)

; and,

 

3)         That the award be funded from the various accounts as identified within the financial considerations section of this report in the amount of $823,206.84; and,

 

4)         That $96,100.00 of the remaining balance of $127,444.39 be utilized for “Markhamizing” the units and $31,344.39 be returned to the original funding source; and,

 

5)         That upon delivery of the new vehicles, the following 23 units: 1231, 3336, 3374, 3375, 1246, 1248, 1268, 1269, 3338, 3319, 3352, 3353, 3357, 3377, 8056, 8057, 9410, 9411, 9412, 9097, 3332, 2175, and 2192 be sold in accordance with Purchasing By-law 2004-341, Part V, Disposal of Personal Property and proceeds be posted to account 890 890 9305; and further,

 

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

 

Carried

 

 

(2)        2014 UNIONVILLE BUSINESS IMPROVEMENT AREA AND
MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA
OPERATING BUDGETS (7.4)

            Report   Attachments

 

1)         That the report entitled “2014 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated May 5, 2014 be received; and,

 

2)         That the 2014 Operating Budget in the amount of $234,098 for the Unionville Business Improvement Area (UBIA) be approved; and,

 

3)         That the 2014 Operating Budget in the amount of $301,796 for the Markham Village Business Improvement Area (MBIA) be approved; and,

 

4)         That the Special Tax Rate levy, in the amount of $205,982 for the UBIA members and $215,327 for the MBIA members be included in the 2014 Tax Levy By-law; and further,

 

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

 

Carried

 

 

(3)        2014 TAX RATES AND LEVY BY-LAW (7.3)

            Report   Attachment

 

1)         That the report dated May 5^th, 2014 entitled “2014 Tax Rates and Levy By-law” be received; and,

 

2)         That a by-law to provide for the levy and collection of property taxes totalling $581,288,631 required by the City of Markham, Regional Municipality of York, Boards of Education and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2014, as set out as follows, be approved:

 

Taxation Category                                2014 Levy Amount

City of Markham                                  $127,272,021

Region of York                                     $250,447,258

School Boards                                      $203,148,043

Markham Village BIA                           $215,327

Unionville BIA                                      $205,982

Total                                                   $581,288,631

;and,

 

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

 

4)         That the attached by-law be passed to authorize the 2014 Tax Rates and Levy By-law; and further,

 

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

            (By-law 2014-59)

 

Carried

 

 

(4)        ANNUAL FIELD AGREEMENT -
YORK REGION DISTRICT SCHOOL BOARD (6.4)

            Report   Attachment

 

1)         That the report titled Annual Field Agreement- York Region District School Board be received; and,

 

2)         That the Commissioner of Community and Fire Services be authorized to execute the 2014 Annual Field Agreement- York Region District School Board of Education in a form satisfactory to the City solicitor; and further,

 

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

 

Carried

 

 

(5)        SHARED PLACES OUR SPACES,
MARKHAM’S PUBLIC REALM
DRAFT STRATEGY (5.6)

            Report   Attachment

 

1)         That the staff report titled “Shared Places Our Spaces - Markham’s Public Realm Draft Strategy”, dated May 5, 2014 be received; and,

 

2)         That the document “Shared Places Our Spaces - Markham’s Public Realm Draft Strategy” dated May 5, 2014 be endorsed in principle including the Public Realm Vision and Strategy; and,

 

3)         That Council direct the Commissioner of Community & Fire Services to engage the community for input on the draft strategy and document, and report back based on public feedback and any recommended changes by February 2015; and further,

 

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

 

Carried

 

 

(6)        TENNIS CLUBS POLICY (6.0)

            Report   Attachment A

 

1)         That the report entitled “Tennis Clubs Policy” be received; and,

 

2)         That Council approve the revised Tennis Clubs Policy as per Attachment A; and further,

 

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

 

Carried

 

 

 

6(b)      REPORT NO. 20 - DEVELOPMENT SERVICES COMMITTEE
            (May 6, 2014)

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 20 – Development Services Committee comprised of 6 items be received and adopted.

 

(1)        DESIGNATED HERITAGE PROPERTY
            GRANT APPLICATIONS – 2014 (16.11)

            Report

 

1)         That the staff report dated May 6, 2014 entitled “Designated Heritage Property Grant Applications -2014”, be received; and,

 

2)         That Designated Heritage Property Grants for 2014 be approved in the amounts noted for the following properties, totaling $25,000.00, provided that the applicants comply with eligibility requirements of the program;

            1.         180 Main Street N. Markham Village- $5,000.00 for the restoration and reconditioning of the historic wooden windows;

            2.         303 Main Street N. Markham Village-$5,000.00 to re-open and restore the front veranda;

            3.         33 Artisan Trail, Victoria Square-$5,000.00 for the reconditioning of the historic wooden windows and production of new wooden storm windows;

            4.         15 Euclid Street, Unionville-$5,000.00 for the replacement of damaged exterior stucco;

            5.         131 Main Street, Unionville-$5,000.00 for the repair of historic masonry on the old portion of the building; and,

 

3)         That the grants be funded through the Designated Heritage Property Grant Project Fund, Account 620-101-5399-14009 ($30,000.00 available for 2014) and that remaining funds of $5,000.00 be returned to the original funding source; and further,

 

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

 

Carried

 

 

(2)        COMMERCIAL FAÇADE IMPROVEMENT
            GRANT PROGRAM FOR HERITAGE DISTRICTS 2014 (16.11)

            Report

 

1)         That the report entitled “Commercial Façade Improvement Grant Program for Heritage Districts 2014” dated May 6, 2014 be received; and,

 

2)         That the identified applications for the Commercial Façade  Improvement Grant Program be approved, provided that the applicants comply with the eligibility requirements of the program; and.

 

3)         That 80 Main St. N. receive up to $15,000.00 of grant assistance from the Commercial Façade Improvement Grant Program; and,

 

4)         That 142 Main St. Unionville receive up to $15,000.00 of grant assistance from the Commercial Façade Improvement Grant Program; and.

 

5)         That the grants be funded from the Heritage Façade Improvement Program Account 620-101-5699-14000 which has a budget of $32,000.00 and that the remaining funds of $2,000.00 be returned to the original funding source; and,

 

6)         That any difference between the grant given and the $15,000.00 upset limit per applicant will be returned to the original funding source; and further,

 

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

 

Carried

 

 

(3)        INFORMATION REPORT:  GREENBELT
            AND OAK RIDGES MORAINE
            2015 PROVINCIAL REVIEW (10.0)

            Report   Appendix A  Appendix B

 

Appendix 'A' - Oak Ridges Moraine Conservation Plan - available on-line only.

Appendix 'B' - Greenbelt Plan 2005 - available on-line only.

 

1)         That the staff report entitled “Information Report:  Greenbelt and Oak Ridges Moraine Provincial Review” dated March 18, 2014, be received; and,

 

2)         That Ministry of Municipal Affairs and Housing consider the recommendations outlined in this report and summarized on Appendix ‘C’ as Markham’s preliminary input into the provincial review process; and,

 

3)         That the Ministry of Municipal Affairs and Housing be encouraged to consult widely on the provincial review process to ensure all local interests are heard and considered; and,

 

4)         That the Province of Ontario representatives on the Rouge Park Landowners Steering Committee be requested to consult with the Landowners Committee regarding the upcoming Greenbelt Plan and Oak Ridges Moraine 2015 Provincial review, and how the policy review may be relevant to the Rouge National Urban Park and land transfer agreements; and,

 

5)         That staff report back to Development Services Committee once the Province has commenced the formal review process; and,

 

6)         That this staff report and Council resolution be forwarded to the Ministry of Municipal Affairs and Housing and the Region of York; and further,

 

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

 

Carried

 

 

(4)        CITY OF MARKHAM OFFICIAL PLAN 2013:
            PROPOSED MODIFICATIONS – SUPPLEMENTAL (10.0)

            Report

 

1)         That correspondence from John Mascarin, Aird & Berlis, and the deputation by Alan Rubin, representing Markham Airport, regarding proposed modifications to the City of Markham Official Plan – 2013, be received; and,

 

2)         That the deputation and presentation by Dave McKennitt, representing the Dickson Hill Hamlet and Neighbourhood Community Association, regarding proposed modifications to the City of Markham Official Plan – 2013, be received; and,

 

3)         That the report entitled “City of Markham Official Plan 2013: Proposed Modifications - Supplemental” dated May 6, 2014, be received; and,

 

4)         That the proposed modifications to the Council adopted Official Plan 2013, as outlined in Appendix ‘B’ of the report entitled “City of Markham Official Plan 2013: Proposed Modifications - Supplemental” dated May 6, 2014, as amended to:

a)         recognize Toronto Markham Airport as a “registered aerodrome”;

b)         retain wording that does not support expansion of the Toronto Markham Airport, as a statement of Council’s position while recognizing the federal jurisdiction for airports;

be adopted; and,

 

5)         That the proposed modifications to the Council adopted Official Plan 2013, as recommended in the report entitled “City of Markham Official Plan 2013: Proposed Modifications - Supplemental” dated May 6, 2014, be forwarded to the Region of York for consideration in the approval of Markham’s new Official Plan; and,

 

6)         That By-law Enforcement and Legal staff report back to Development Services Committee on site alteration issues at the Toronto Markham Airport from 2009, including any permits issued, steps taken by Markham’s By-law Enforcement and Legal Department, and the requirements of the owner to rehabilitate the property; and further,

 

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

 

Carried

 

 

(5)        PROPOSED THORNHILL PARK IMPROVEMENTS
            UNDER SECTION 37 (10.0)

            Report

 

1)         That the report entitled “Proposed Thornhill Park Improvements under Section 37” be received; and,

 

2)         That the priority projects recommended by the Thornhill Sub-Committee be implemented in accordance with the resolution of Council, dated September 17, 2013, to be confirmed subject to further review through the design and implementation process, and funding availability from the Section 37 funds and other potential funding sources in the general order of priority as follows:

                        -           Splash pad in Proctor Park;

                        -           Bandshell / outdoor stage in Grandview Park;

                        -           Durable base for the community ice rink in Grandview Park;

                        -           Playground equipment for E.J. Sands Public School to an upset limit of $30,000 on the condition that the YRDSB enter into an agreement for the long-term maintenance of the equipment and enter into an access agreement that maximizes public access;

                        -           A public walkway from Elgin Street to E.J. Sands Public School, acceptable to staff and the YRDSB, to enhance public safety and accessibility, and exploring the opportunity for co-funding with the School Board;

                        -           Painted mural on the CN rail underpass (Phase 2);

                        -           Skate park at Grandview Park; and,

 

3)         That staff be authorized to retain, as appropriate, landscape architects through the City’s competitive procurement process to provide professional support services for the projects identified above, and that funding from the Thornhill Park Improvement Project (Project #14402, Budget $2,000,000) established for all approved design, construction, and contract administration costs associated with these projects including any internal administration fees and all applicable taxes; and,

 

4)         That the City of Markham, E. J. Sands Public School, and the York District School Board enter into a Memorandum of Understanding outlining the terms and conditions to establish a children’s playground at E.J. Sands Public School in accordance with YRDSB policies including the School Grounds Enhancement Projects Policy and Funding Formula, and in accordance with the funding contributions generally agreed to as follows: $30,000 from the City of Markham (Section 37 funds), $10,000 from the E. J. Sands School Council, and $12,000 from the YRDSB; and,

 

5)         That the City of Markham, E. J. Sands Public School, and the York District School Board enter into a Memorandum of Understanding outlining the terms and conditions to explore the establishment of a public walkway from Elgin Street to E.J. Sands Public School, which is acceptable to staff and the YRDSB, to enhance public safety and accessibility, including the opportunity for co-funding with the School Board; and,

 

6)         That design workshops and community consultation be held prior to finalizing all plans related to the priority projects identified in Clause (2) above and following which, staff report back to Development Services Committee on the final list of priority projects and funding source(s) based on all identified amenity and infrastructure requirements, any additional and necessary park or landscaping improvements, as well as any or all issues that may have arisen that would affect the feasibility, implementation, phasing and/or funding of each of these projects; and further,

 

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

 

Carried

 

 

(6)        TEMPORARY ROAD CLOSURE OF:
            A) SECTION OF ANGUS GLEN BOULEVARD FROM
            EAST OF POTTERS WHEEL ROAD TO PROSPECTORS DRIVE,
            B) SECTION OF OAKFORD DRIVE FROM
            MOSS CREEK BOULEVARD TO WILLOW HEIGHTS BOULEVARD, AND
            C) SECTION OF SOUTH UNIONVILLE AVENUE FROM
            THE ROUNDABOUT TO GREENWATER GATE (5.10)

            Report

 

1)         That the May 6, 2014 report entitled ‘Temporary Road Closure of:

 

                        a)         Section of Angus Glen Boulevard from East of Potters Wheel Road to Prospectors Drive,

                        b)         Section of Oakford Drive from Moss Creek Boulevard to Willow Heights Boulevard, and

                        c)         Section of South Unionville Avenue from the roundabout to Greenwater Gate; be received; and,

 

2)         That the Director of Engineering be delegated authority to authorize the temporary closure of:

 

a)         Angus Glen Boulevard from East of Potters Wheel Road to Prospectors Drive for a maximum of three (3) weeks to facilitate the installation of municipal services infrastructure and reinstatement of Angus Glen Boulevard, subject to conditions listed in this report;

 

b)         Oakford Drive from Moss Creek Boulevard to Willow Heights Boulevard for a maximum of three (3) weeks to facilitate the installation of municipal services infrastructure and reinstatement of Oakford Drive, subject to conditions listed in this report;

 

c)         South Unionville Avenue from the roundabout to Greenwater Gate for a maximum of one (1) week to facilitate the installation of municipal services infrastructure and reinstatement of the streets subject to conditions listed in this report; and,

 

3)         That staff be authorized and directed to do all things necessary to give effect to the above resolutions; and further,

 

4)         That the Director of Engineering be delegated authority to approve future temporary road closures for a maximum period of six (6) weeks, in consultation with the Director of Operations and the Ward Councillor.

 

Carried

 

 

 

6(c)      REPORT NO. 21 - DEVELOPMENT SERVICES PUBLIC MEETING
            (May 6, 2014)

 

Council consented to separate Item No. 1.

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

That Report No. 21 – Development Services Public Meeting comprised of 2 items be received and adopted, except Item No. 1. (See following Item No. 1)

 

 

(1)        LITCHFIELD DEVELOPMENTS LIMITED
(LANTERRA DEVELOPMENTS)
4116, 4128 AND 4142 HIGHWAY 7
(NORTH SIDE, WEST OF SCIBERRAS ROAD)
APPLICATIONS FOR OFFICIAL PLAN AND
ZONING BY-LAW AMENDMENTS AND DRAFT PLAN OF SUBDIVISION
TO PERMIT A TOWNHOUSE DEVELOPMENT
FILE NOS. OP 13 125529, ZA 13 125529, SU 13 125529 (10.3, 10.5, 10.7)

            Report

 

Moved by Regional Councillor Jim Jones

Seconded by Councillor Don Hamilton

 

1)         That the correspondence from Joanne Gillespie, Serfina Lee, Saturn Ador-Dionisio and May Lukt, and Larraine Chan regarding applications by Litchfield Developments Limited (Lanterra Developments) be received; and,

 

2)         That the deputations by Edison Chua and Saturn Ador-Dionisio regarding applications by Litchfield Developments Limited (Lanterra Developments) be received; and,

 

3)         That the staff report dated February 4, 2014 titled “PRELIMINARY REPORT, Litchfield Developments Limited (Lanterra Developments), Applications for Official Plan and zoning by-law amendment and draft plan of subdivision to permit a townhouse development,” be received; and,

 

4)         That the record of the Public Meeting held on May 6, 2014 with respect to the applications, be received; and,

 

5)         That the Region be requested to provide access for construction traffic from Highway 7; and,

 

6)         That the stub on Ferrah Street remain until such time as there is an alternative for truck turning routes in the area; and,

 

7)         That the applications by Litchfield Developments Limited (Lanterra Developments), for Official Plan and zoning by-law amendment and draft plan of subdivision to permit a townhouse development at 4116, 4128 and 4142 Highway 7, be approved and the draft implementing Official Plan, and Zoning By-law Amendments be finalized and enacted; and further,

 

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

 

Carried by a unanimous recorded vote (13:0)

(See following recorded vote)

 

            YEAS:             Councillor Valerie Burke, Councillor Howard Shore, Councillor Don Hamilton, Councillor Carolina Moretti, 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. (13)

 

            Council consented to add the following as Resolution No. 6 to the proposed recommendation for the application submitted by Litchfield Developments Limited (Lanterra Developments), 4116, 4128 and 4142 Highway 7:

 

            "6)        That the stub on Ferrah Street remain until such time as there is an alternative for truck turning routes in the area; and,"

 

 

 

(2)        PRELIMINARY REPORT
            MARKHAM CENTRE DEVELOPMENT CORPORATION
            SOUTH-WEST CORNER OF ENTERPRISE BOULEVARD
            AND RIVIS ROAD APPLICATIONS FOR OFFICIAL PLAN AMENDMENT
            AND REZONING TO PERMIT A MIXED-USE DEVELOPMENT
            (FILES: OP 14 108661 AND ZA 14 108661) (10.3, 10.5)

            Report

 

1)         That correspondence from Ken Wightman, regarding the applications by Markham Centre Development Corporation, south-west corner of Enterprise Boulevard and Rivis Road, be received; and,

 

2)         That the deputation by Peter Miasek, President, Unionville Ratepayers Association, regarding the applications by Markham Centre Development Corporation be received; and,

 

3)         That the report dated April 1, 2014  titled “Preliminary Report,  Markham Centre Development Corporation, South-west corner of Enterprise Boulevard and Rivis Road,  Applications for Official Plan Amendment and rezoning to permit a mixed-use development,” be received; and,

 

4)         That the record of the Public Meeting held on May 6, 2014 with respect to the applications, be received; and,

 

5)         That the Official Plan Amendment application (OP 14 108661) be approved and the proposed Official Plan Amendment be finalized for adoption by Council; and, 

 

6)         That the zoning by-law amendment application (ZA14 108661)  be approved and the zoning by-law amendment(s) be finalized for approval by Council; and, 

 

7)         That the zoning by-law(s) include holding provisions addressing the items discussed at the public meeting, including linkages to completion of the Markham Centre Mobility Hub Study and a transportation/traffic study up-date; and,

 

8)         That the Official Plan and zoning by-law amendments be finalized for consideration by Council on June 24, 2014; and,

 

9)         That staff be directed to continue discussions with the applicant in the context of the Markham Centre Mobility Hub Study to address the issues outlined in the preliminary staff report; and further,

 

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

 

Carried

 

 

 

7.         MOTIONS

 

There were no motions.

 

 

 

8.         NOTICES OF MOTIONS

 

(1)        FINAL RECOMMENDATION REPORT REGARDING
            THORNHILL REVITALIZATION STUDY (10.0)

 

Moved by Councillor Howard Shore

Seconded by Deputy Mayor Jack Heath

 

Whereas the Thornhill Revitalization Working Group Terms of Reference were adopted by Council on March 1, 2011; and,

 

Whereas Town Hall meetings were held on April 27, 2011 and April 25, 2011; and,

 

Whereas a Public Information meeting was held on January 23, 2013; and,

 

Whereas at the Council meeting of March 23, 2013 key recommendations of the Working Group were adopted, including:  in the Thornlea Revitalization Area, excluding the former Canac site, a prohibition of manufacturing, assembly and warehousing, other than where no Certificate of Approval is required from the Ministry of the Environment, and prohibiting auto body repair shops in the new Official Plan; and,

 

Whereas the Study Recommendations adopted by Markham Council in March 2013, identified opportunities to attract a wider range of new employment uses, that are in keeping with the Markham 2020 Economic Competitiveness Strategy; and,

 

Whereas at a Special Council meeting of July 9, 2013 the Working Group was expanded to include five community representatives and five business representatives as well as all four Regional Councillors and Chaired by the Ward Councillor; and,

 

Whereas the following clauses in the City –initiated draft amendment to By-law 77-73 were referred to the Revised Thornhill Area Revitalization Working Group for a report back to the Development Services Committee by October 2013:

 

1.      Permits offices, personal services, financial institutions, commercial schools, and retail and restaurant uses, but restricts industrial uses to existing uses only;

2.      Prohibits all outdoor storage, auto body and auto repair, service stations and car washes, hotels, funeral homes, night clubs, and new commercial storage uses;

3.      Permits day nurseries, places of worship, private schools, and motor vehicle sales establishments, veterinary clinic, and indoor storage of motor vehicles on a site-specific basis subject to previous zoning by-law amendments; and;

 

Whereas it is recognized that current, existing businesses operating lawfully shall have their current zoning uses and rights preserved and protected; and,

 

Whereas staff have presented a new and revised draft zoning By-law and draft Official Plan Amendment to address the concerns;

 

Now therefore be it resolved:

 

1)         That staff present final recommendations to the Development Services Committee of June 17, 2014, which shall include:

                  a.   Proposed Zoning By-law and Official Plan Amendment, which shall expressly include language toward site-specific zoning to address the concerns of existing businesses in the auto body maintenance and repair sector as well as those in the manufacturing sector;

                  b.   Clear definitions of outdoor storage and how it relates to auto body/repair;

                  c.   Terms of Reference for the establishment of a Business Improvement Area, designation of the Study area as a Community Improvement Plan area or combination thereof; and,

 

2)         That a Statutory Public Meeting be called for June 17, 2014; and further,

 

3)         That any decision of Development Services Committee be referred directly to the June 24, 2014 meeting of Council.

 

 

            Councillor Valerie Burke disclosed an interest with respect to the Notice of Motion titled "Final Recommendation Report Regarding Thornhill Revitalization Study" as she has a family owned business in the Thornhill area.

 

 

            Note:    This notice of motion titled "Final Recommendation Report Regarding Thornhill Revitalization Study" will be considered at the May 27, 2014 Council meeting.

 

 

 

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:

 

Received

20-2014           ONTARIO MEDAL FOR GOOD CITIZENSHIP NOMINATIONS (13.2)

                        - The Minister of Citizenship and Immigration calling nominations for the 2014 Ontario Medal for Good Citizenship. The deadline for nominations is July 17, 2014.

                        Letter

Carried

 

 

Referred to all Members of Council

21-2014           ROAD CLOSURE REQUEST – MARKHAM VILLAGE MUSIC FESTIVAL (3.5)

                        Info

                        The following roads will be closed over-night from Friday June 20, 2014, 3:00 PM to Saturday June 21, 2014 11:00 PM to facilitate the Markham Village Music Festival, subject to the conditions approved by Council on May 15, 2012 are met to the satisfaction of City of Markham Staff:

a.         Main Street Markham North from north of Hwy 7 to south Parkway Avenue /Bullock Drive

b.         Access from Main Street Markham is closed

c.         Wilson Street to Water Street

d.         Robinson Street to George Street

e.         Robinson Street to Water Street

f.          Dublin Street

Carried

 

 

22-2014           MEMORANDUM FROM THE COMMISSIONER OF DEVELOPMENT SERVICES - GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (10.0)

                        Providing an update with respect to the General Housekeeping Zoning By-law Amendments and recommending that the proposed by-laws be enacted.

                        (By-laws 2014-60 to 2014-65)

                        Memo

Carried

 

 

Received and Referred to the Commissioner of Development Services

23-2014           COMMUNICATION - MARKHAM CENTRE DEVELOPMENT CORPORATION (10.3 AND 10.5)

                        (Item No. 2, Report No. 21)

                        Communication

 

                        Communication dated May 10, 2014 from Paul Young providing comments with respect to the Official Plan Amendment and Zoning By-law Amendment applications submitted by Markham Centre Development Corporation, south-west corner of Enterprise Boulevard and Rivis Road.

 

 

24-2014           COMMUNICATION - GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (PARKING STANDARDS) (10.0)

                        (By-law 2014-65 - Parking Standards)

                        Communication

 

                        Communication dated May 14, 2014 from Sarah F. Baldwin, Larkin + Land Use Planners, providing comments on behalf of firms associated with the development and intensification of cemeteries within Ontario and across Canada, with respect to the proposed General Housekeeping Zoning By-law Amendments (Parking Standards).

 

 

 

10.       PROCLAMATIONS

 

(1)        PROCLAMATION REQUESTS (3.4)

 

1)         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:

            -           First Responders Day (May 1, 2014); and,

 

2)         That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

            -           Syringomyelia & Chiari Malformation Day (July 17, 2014); and further,

 

3)         That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

 

Whereas many residents of Markham are proud to play and support the sport of Table Tennis (Ping Pong); and,

 

Whereas Markham has many operating table tennis (ping pong) clubs and associations, and is proud to host provincial, national and international competitions; and,

 

Whereas such valued local table tennis clubs include the Canadian Chinese Table Tennis Association and My Table Tennis Club, have over a thousand members; and,

 

Whereas Markham, and in particular the Canadian Chinese Table Tennis Association (CCTA) located at 1181 Denison Street, was the official venue for the ITTF’s Global Junior Circuit, Canada Junior and Cadet Open in April 2014; and,

 

Whereas Markham will be the host community for the celebration of the 65^th Anniversary of the Establishment of the Peoples’ Republic of China Table Tennis Tournament in September 2014; and,

 

Whereas Markham is proud to be undertaking preparations to host the international Pan/Parapan Am Table Tennis Competitions in 2015;

 

Now therefore be it resolved:

 

That the Council for the City of Markham proclaims September, 2014 "Table Tennis Month".

 

Carried

(See following to consider the matter)

 

            Resolution Nos. 1 and 2:

            Moved by Regional Councillor Gord Landon

            Seconded by Deputy Mayor Jack Heath

 

            That the proposed Resolution Nos. 1 and 2 with respect to the requests for proclamation be approved.

Carried

 

            Resolution No. 3:

            The proclamation of the September 2014 "Table Tennis Month" was read by Councillor Alan Ho.

 

            Moved by Councillor Alan Ho

            Seconded by Councillor Alex Chiu

 

            That the proposed Resolution No. 3 with respect to the proclamation of September 2014 "Table Tennis Month" be approved.

Carried

(See following to consider Resolution No. 3)

 

            Moved by Councillor Alan Ho

            Seconded by Regional Councillor Gord Landon

 

            That Council consider the proclamation of Table Tennis Month immediately following the delegation with respect thereto.

Carried

 

 

 

11.       NEW/OTHER BUSINESS

 

(1)        CONTRACT AWARD OF 066-T-14 RECONSTRUCTION
            OF MAIN STREET MARKHAM FROM HIGHWAY 407 TO HIGHWAY 7 (7.12)

            Report

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Colin Campbell

 

1)         That the report entitled "Contract Award of 066-T-14 Reconstruction of Main Street Markham from Highway 407 to Highway 7" be received; and,

 

2)         That the Contract 066-T-14 be awarded to the lowest priced Bidder, Dagmar Construction Inc., in the amount of $11,979,719.40, inclusive of HST; and,

 

3)         That a contingency amount of $898,478.96 (7.5%), inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

4)         That Purchase Order PD 14093 issued to McCormick Rankin Corporation for the Contract Administration and Inspection Service be increased by a maximum amount of $547,662.14, inclusive of HST, (from $425,000.00 to $972,662.14) to cover the additional contract administration and inspection services, geotechnical inspection, material testing and environmental inspections, and that the Director of Engineering and Manager of Purchasing negotiate the PO increase amount; and,

 

5)         That Staff be authorized to award the contingency in the amount of $98,014.21, inclusive of HST, to cover additional costs related to contract administration and inspection services, geotechnical inspections, material testing, and environmental inspections and reporting,  and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,

 

6)         That an allowance of $200,000.00, inclusive of HST, be approved to be utilized for Heritage Features at Hwy7 and Main Street intersection that are being requested by the Main Street Markham Committee for items that were not included in the original tender document, and that the CAO be authorized to approve expenditure of these funds, as required for the project; and,

 

7)         That, subject to the approval of the requested heritage features by the Region of York, staff apply for a grant funding from the Region of York’s 2015 Municipal Partnership Program to cover the additional costs of the work; and,

 

8)         That Staff be authorized to award the contract for the Pre and Post Construction Inspection Services to OZA Inspections Limited up to an upset limit of $15,000.00, inclusive of HST, in accordance with the Purchasing By-law; and,

 

9)         That the 2014 Engineering Capital Budget (Account 083-5350-14055-005 – Main Street Markham, Hwy 407 to Hwy 7) be revised to include an additional $309,136.06, inclusive of HST, to be funded from the Waterworks Reserve to cover the additional costs in the tender amounts associated with the watermain construction; and

 

10)       That subject to obtaining funding commitment from the (a minimum of two of the three) property the owners of 53 Main Street Markham South, 2 Fisher Court and 4 Fisher Court, to the satisfaction of the City Solicitor and CAO, the Finance Department be authorized to collect the total project costs currently estimated at $59,822.07 (includes 10% Contingency and 15% Admin Fees), inclusive of HST, for the improvement to the Sanitary Sewers for the subject properties equally and the following items be approved:

 

a)         Council enacts a Fees By-Law pursuant to Section 391 of the Municipal Act 2001 for costs associated with the sanitary sewer installation substantially in the form attached as per Attachment ‘A’ - Fee By-law, upon completion of all work and final determination of costs;

 

b)         Costs per lot be paid either as a one-time payment or annual payment up to a maximum of 10 years accruing interests at the same rate as the Region of York 10 Year Debenture Rate, 3.6% starting in 2016 and ending in 2025;

 

c)         There will be no interest payable if the lot costs are paid in full by March 30, 2016;

 

d)         The collected funds for the sanitary sewer local improvements be reimbursed to the Engineering Capital Account 083-5350-14055-005 (Main Street Markham, Hwy 407 to Hwy 7 Construction); and,

 

11)       That the Engineering Department Capital Administration Fee in the amount of $902,402.70, inclusive of HST,be transferred to revenue account 640-998-8871 (Capital Admin Fees) as follows, 2014 - $541,441.62 and 2015 - $360,961.08; and,

 

12)       That the project costs as set out above be funded from the following accounts, as outlined under the “Financial Consideration and Template” section of this report:

 

-           Main Street Markham, Hwy 407 to Hwy 7 Design (083-5350-11068-005)

-           Main Street Markham, Hwy 407 to Hwy 7 Construction
(083-5350-14055-005)

-           Sidewalk Program (083-5350-14030-005)

-           Watermain Contract Administration (053-6150-14234-005)

-           Budget Increase – Waterworks reserve (083-5350-14055-005); and,

 

13)       That any remaining funds in the account be returned to original funding source upon completion of the project; and,

 

14)       That a Noise By-law exemption be approved for Dagmar Construction Inc., for works on Saturdays and extended hours (i.e. 7pm to 10 pm) during weekdays, from July 2, 2014 to December 31, 2014 to expedite completion of this project;

 

15)       That, if required (as determined by the Director of Engineering), a Noise By-law exemption be approved for Dagmar Construction Inc., for works on Sundays, in order to be able to complete the bridge in accordance with the construction schedule; and,

 

16)       That a 10-year moratorium be placed on any major servicing and utility installation along Main Street Markham between Highway 407 and Highway 7; and,

 

17)       That the Director of Engineering be authorized to finalize and implement the traffic and pedestrian  management plan in consultation with the two (2) local Ward Councillors,  the Region of York, the Operations Department, and the Fire and Emergency Services Departments; and,

 

18)       That staff continue to provide construction updates to residents and businesses within the area including notices to residents as well as municipal services (i.e. Fire and Emergency Services) for any driveway / access disruptions and construction project update on the City’s website; and,

 

19)       That staff report back to Council as to the feasibility of a reversible centre lane for Main Street Markham, from Hwy 407 to Hwy 7; and further,

 

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

 

Carried

(See following to consider the matter)

 

            Moved by Deputy Mayor Jack Heath

            Seconded by Regional Councillor Jim Jones

 

            That Council consider the Reconstruction of Main Street Markham from Highway 407 to Highway 7 matter immediately following the delegation with respect thereto.

Carried

 

 

(2)        YORK REGIONAL POLICE PAID DUTY OFFICER (13.4.10 AND 3.5)

 

Council noted that a discussion regarding hiring of Paid Duty Officers for various festivals being held in Markham take place with the York Regional Police.

 

 

(3)        CONVERSION OF EMPLOYMENT LANDS (10.0)

 

Council requested that staff provide a report to the Development Services Committee regarding the conversion of employment lands in Markham, summarizing the differences that are contained in the Region of York's report versus what was adopted by City of Markham's Council.

 

 

 

12.       BY-LAWS

 

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Joe Li

 

That By-laws 2014-59 and 2014-62 to 2014-67 be given three readings and enacted.

Carried

 

 

Moved by Councillor Valerie Burke

Seconded by Councillor Logan Kanapathi

 

That By-laws 2014-60 and 2014-61 be referred to the Development Services Committee for staff to provide a presentation on these by-laws.

Carried

 

Three Readings

 

BY-LAW 2014-59      2014 TAX RATES AND LEVY BY-LAW

                                    By-law

Carried

 

BY-LAW 2014-60      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (HEIGHT DEFINITION)

                                    (Communication No. 22-2014)

Deferred

 

 

BY-LAW 2014-61      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (LOT COVERAGE)

                                    (Communication No. 22-2014)

Deferred

 

 

BY-LAW 2014-62      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (MEDICAL OFFICE DEFINITION)

                                    (Communication No. 22-2014)

                                    By-law

Carried

 

 

BY-LAW 2014-63      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (OPENINGS THAT PROVIDE ACCESS)

                                    (Communication No. 22-2014)

                                    By-law

Carried

 

 

BY-LAW 2014-64      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (TECHNICAL REVISIONS)

                                    (Communication No. 22-2014)

                                    By-law

Carried

 

 

BY-LAW 2014-65      GENERAL HOUSEKEEPING ZONING BY-LAW AMENDMENTS (PARKING STANDARDS)

                                    (Communication No. 22-2014)

                                    By-law

Carried

 

 

BY-LAW 2014-66      CABOTO MEADOWS INC., 311 & 313 HELEN AVENUE, OFFICIAL PLAN AMENDMENT

                                    A by-law to adopt Official Plan Amendment No. 218, Part of Lot 7, Plan 2196, South Unionville Planning District, 19TM-13006, east of Glenbar Gardens, south of future extension of Caboto Trail.

                                    (Item No. 1, Report No. 15 – April 8, 2014 Council Meeting)

                                    OPA

Carried

 

 

BY-LAW 2014-67      CABOTO MEADOWS INC., 311 & 313 HELEN AVENUE, ZONING BY-LAW AMENDMENTS

                                    A by-law to amend By-law 304-87, as amended and By-law 177-96, as amended, Part of Lot 7, Plan 2196, South Unionville Planning District, 19TM-13006, east of Glenbar Gardens, south of future extension of Caboto Trail.

                                    (Item No. 1, Report No. 15 – April 8, 2014 Council Meeting)

                                    By-law

 

Carried

 

 

 

13.       IN-CAMERA ITEMS

 

Moved by Regional Councillor Joe Li

Seconded by Councillor Alan Ho

 

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into an in-camera session to discuss the following matters (9:36 PM):

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETINGS
             - APRIL 8 AND 30, 2014 (16.0)

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

 

 

General Committee – May 5, 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)]

 

 

Development Services Committee – May 6, 2014

 

(3)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (OMB - WARD 4) (10.0 and 8.0)

            [Section 239 (2) (e)]

 

 

(4)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE       MUNICIPALITY OR LOCAL BOARD (OMB - WARD 8) (10.0 and 8.0)

            [Section 239 (2) (e)]

 

 

(5)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (OMB - CITY OF MARKHAM) (10.3 and 8.0)

            [Section 239 (2) (e)]

 

 

(6)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 6) (10.3 and 8.0)

            [Section 239 (2) (e)]

 

 

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

            [Section 239 (2) (b)]

 

 

(8)        LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS (11.0)

            [Section 239 (2) (d)]

 

Carried

 

 

Moved by Councillor Valerie Burke

Seconded by Deputy Mayor Jack Heath

 

That Council rise from the in-camera session. (10:24 PM)

Carried

 

 

The in-camera items were approved by Council as follows:

 

 

(1)        MINUTES OF IN-CAMERA COUNCIL MEETING
             - APRIL 8 AND 30, 2014 (16.0)

 

Moved by Councillor Howard Shore

Seconded by Councillor Colin Campbell

 

            1)         That the Council In-camera Minutes dated April 8 and 30, 2014 be confirmed.

 

Carried

 

 

(2)        BOARD/COMMITTEE APPOINTMENTS AND RESIGNATIONS (16.24)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Howard Shore

 

1)                  That  the following  appointments to the  Victoria Square Community Centre Board be confirmed:

Name                                                   Term

Charlotte Frisby                                    December 31, 2014
Edith Friedel                                         December 31, 2014
Ruth Brock                                           December 31, 2014
Jean McCron                                       December 31, 2014
Don Boynton                                        December 31, 2014; and,

 

2)         That Cynthia Taylor-Huff be appointed to the Canada Day Committee with a term ending November 30, 2014; and,

 

3)         That the resignation of Catherine Johnson from the Canada Day Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,

 

4)         That the resignation of Josef Coleman from the German Mills Meadow and Natural Habitat Liaison Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,

 

5)         That the resignation of Vivienne Jiang from the RBC Markham-Milliken Children’s Festival Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti; and,

 

6)         That Council declare the positions of Iman Cassim and Vivian Lam on the RBC Markham-Milliken Children’s Festival Committee vacant; and further,

 

7)         That the resignation of Warren Carroll from the Seniors Advisory Committee be received with regret for information purposes and that a letter of appreciation be forwarded by Mayor Frank Scarpitti.

 

Carried

 

 

(3)        CONFIDENTIAL REPORT
OMB REFERRAL OF AN APPLICATION TO
REVOKE MINISTERS’ ZONING ORDER
MACAULAY SHIOMI HOWSON LTD. ON BEHALF OF
KENNEDY MCCOWAN LANDOWNER GROUP
PROPOSAL TO REVOKE MINISTER’S ZONING ORDER,
ONTARIO REGULATION 104/72 (AIRPORT FREEZE)
ON THREE PROPERTIES IN NORTH MARKHAM
FILE NO. ZA 13 138283 (10.0 and 8.0)

 

Moved by Regional Councillor Joe Li

Seconded by Councillor Logan Kanapathi

 

1)         That the report dated May 6, 2014, titled “Confidential Report, Macaulay Shiomi Howson Ltd. on behalf of Kennedy McCowan Landowner Group, Proposal to Revoke Minister’s Zoning Order (MZO), Ontario Regulation 104/72 (Airport Freeze) on Three Properties in North Markham”, File No. ZA 13 138283 be received; and,

 

2)                  That Council confirm support for the revocation of Minister’s Zoning Orders within the future urban area, and has no objection to the proposal by Kennedy McCowan Landowner Group, Proposal to Revoke Minister’s Zoning Order (MZO), Ontario Regulation 104/72 (Airport Freeze) on Three Properties in North Markham”, File No. ZA 13 138283; and,

 

3)         That Council direct Staff not to attend the Ontario Municipal Board (OMB) Hearing regarding the OMB referral, submitted to the Ministry of Municipal Affairs and Housing by Macaulay Shiomi Howson Ltd. on behalf of Kennedy McCowan Landowner Group; and,

 

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

 

5)         That the City of Markham forwards a copy of the Council resolution respecting this matter to the OMB.

 

Carried

 

 

(4)        MINOR VARIANCE APPEAL
            4635 14^TH AVENUE, WEI PING LOU, A/154/13 (10.0 and 8.0)

 

Moved by Deputy Mayor Jack Heath

Seconded by Councillor Alan Ho

 

1)         That the report titled “Minor Variance Appeal, 4635 14^th Avenue, Wei Ping Lou, A/154/13”, be received; and,

 

2)         That Council direct the City Solicitor and Staff to attend the Ontario Municipal Board hearing to support the Committee’s decision to deny the requested minor variances; and further,

 

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

 

Carried

 

 

(5)        REGIONAL OFFICIAL PLAN 2010, LEAVE TO APPEAL
            AND STATUS UPDATE (10.3 AND 8.0)

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Logan Kanapathi

 

1)         That the report entitled “Regional Official Plan 2010, Status Update” dated April 25, 2014, be received; and,

 

2)         That staff be authorized to retain outside counsel to respond to the Leave to Appeal Notice of Motion and the Appeal, if applicable, to defend the decision of the Ontario Municipal Board in respect of Phase 1 of the hearing on the Regional Official Plan; and further,

 

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

 

Carried

 

 

(6)        LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 6) (10.3 and 8.0)

 

Moved by Councillor Colin Campbell

Seconded by Regional Councillor Joe Li

 

            1)         That the confidential report dated May 6, 2014 from the Commissioner of Development Services and City Solicitor, regarding a litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board matter in Ward 6, be received; and,

 

            2)         That staff be authorized to proceed as directed by Council on May 15, 2014.

 

Carried

 

 

(7)        BOARD/COMMITTEE APPOINTMENTS (16.24)

 

Moved by Councillor Logan Kanapathi

Seconded by Deputy Mayor Jack Heath

 

1)         That the following persons be appointed to the RBC Markham-Milliken Children’s Festival Committee:

 

            Name                                                   Term

            Oscar Tran                                           November 30, 2017
Jeevan Trehan                                      November 30, 2017
Hera Wan                                            November 30, 2016
Peter Deboran                                      November 30, 2017.

 

Carried

 

 

(8)        LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS
            - CUPE UNITS LOCAL 905 INSIDE AND
            OUTSIDE MEMORANDUM OF SETTLEMENT (11.0)

 

            1)         That the confidential presentation provided by Sharon Laing, Director of Human Resources, regarding the CUPE Units Local 905 Inside and Outside Memorandum of Settlement be received; and,

 

            2)         That the City of Markham ratify the May 8, 2014 Markham CUPE Units Local 905 Inside and Outside Memorandum of Settlement save and except those articles relating to health and dental benefits; and,

 

            3)         That the City of Markham ratify the May 8, 2014 Markham CUPE Units Local 905 Inside and Outside Memorandum of Settlement specifically those articles relating to health and dental benefits; and further,

 

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

 

Carried

(Deputy Mayor Jack Heath abstained due to conflict for Resolution No. 3)

(See following for the approval of the matter)

 

            Resolution Nos. 1, 2 and 4:

            Moved by Councillor Howard Shore

            Seconded by Councillor Logan Kanapathi

 

            That the proposed Resolution Nos. 1, 2 and 4 regarding the Markham CUPE Units Local 905 Inside and Outside Memorandum of Settlement save and except those articles relating to health and dental benefits be approved.

Carried

 

            Resolution No. 3:

            Moved by Councillor Howard Shore

            Seconded by Councillor Logan Kanapathi

 

            That the proposed Resolution No. 3 regarding the Markham CUPE Units Local 905 Inside and Outside Memorandum of Settlement specifically those articles relating to health and dental benefits be approved.

Carried

(Deputy Mayor Jack Heath abstained due to conflict noted below)

 

            Deputy Mayor Jack Heath disclosed an interest with respect to Resolution No. 3 (CUPE Units Local 905 Inside and Outside Memorandum of Settlement related to health and dental benefits) as he and his spouse own shares in Sun Life Financial, and did not take part in the discussion or vote on this matter.

 

 

 

14.       CONFIRMATORY BY-LAW

 

Moved by Councillor Colin Campbell

Seconded by Councillor Valerie Burke

 

That By-law 2014-68 be given three readings and enacted.

 

Three Readings

 

BY-LAW 2014-68      A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 15, 2014.

                                    By-law

 

Carried

 

 

 

15.       ADJOURNMENT

 

Moved by Councillor Carolina Moretti

Seconded by Councillor Valerie Burke

 

That the Council Meeting be adjourned at 10:28 PM.

Carried

 

 

 

 

 

 

 

_________________________________                        _______________________________

Kimberley Kitteringham                                                      Frank Scarpitti

City Clerk                                                                          Mayor

 

(Signed)