Council Minutes

May 3, 2016, 7:00 PM

Council Chamber, Anthony Roman Markham Civic Centre

Meeting No. 7

Alternate formats for this document are available upon request

Roll Call

Mayor Frank Scarpitti, Deputy Mayor Jack Heath, Regional Councillor Joe Li, Regional Councillor Nirmala Armstrong, Councillor Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen Rea, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor Alex Chiu.

Regrets

Regional Councillor Jim Jones.

Staff

Andy Taylor, Chief Administrative Officer

Catherine Conrad, City Solicitor and Acting Director of Human Resources

Jim Baird, Commissioner of Development Services

Trinela Cane, Commissioner of Corporate Services

Brenda Librecz, Commissioner of Community and Fire Services

Joel Lustig, Treasurer

Dennis Flaherty, Director of Communications and Community Relations

Raj Raman, Mayor's Chief of Staff

Kimberley Kitteringham City Clerk

Martha Pettit, Deputy City Clerk

John Wong, Technology Support Specialist

The meeting of Council convened at 7:03 PM on May 3, 2016 in the Council Chamber. Mayor Frank Scarpitti presided.

1. DISCLOSURE OF PECUNIARY INTEREST

(1) Regional Councillor Nirmala Armstrong disclosed an interest with respect to Item No. 2, Report No. 15 (CIM Global Development LP, 9900 Markham Road, 5899 Major Mackenzie Drive) by nature of having a business in close proximity to the subject property and did not take part in the discussion or vote on this matter.

2. MINUTES

(1) COUNCIL MINUTES – APRIL 19, 2016

Minutes

Moved by Councillor Alex Chiu

Seconded by Councillor Valerie Burke

1) That the Minutes of the Council Meeting held on April 19, 2016, be adopted.

Carried

3. PRESENTATIONS

There were no presentations.

4. DELEGATIONS

There were no delegations.

5. PETITIONS

There were no petitions.

6(A) REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE (April 25, 2016)

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Joe Li

That Report No. 15 – Development Services Committee comprised of 3 items be received and adopted, except Item No. 2. (See following Item No. 2)

(1)        RECOMMENDATION REPORT
            YANLI ZHANG, ZONING BY-LAW AMENDMENT
            TO PERMIT THE DEVELOPMENT OF
            TWO (2) SINGLE DETACHED DWELLINGS AT
            344 STEELES AVENUE EAST
            FILE NO. ZA 14 117680 (10.5)

Report

1) That the report titled “Recommendation Report, Yanli Zhang, Zoning By-law Amendment to permit the development of two (2) single detached dwellings at 344 Steeles Avenue East, File No. ZA 14 117680” dated April 25, 2016, be received; and,

2) That the application submitted by Yanli Zhang, to amend Zoning By-law 1767, as amended, to permit two (2) single detached dwellings at 344 Steeles Avenue East be approved; and,

3) That the proposed amendment to Zoning By-law 1767, as amended, attached as Appendix ‘A’, be finalized and forwarded to Council for approval 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 2016-48)

Carried

(2)        RECOMMENDATION REPORT
            CIM GLOBAL DEVELOPMENT LP
            DRAFT PLAN OF SUBDIVISION AND
            ZONING BY-LAW AMENDMENT
            APPLICATIONS TO ALLOW TOWNHOUSE DEVELOPMENT
            AND FUTURE COMMERCIAL DEVELOPMENT
            AT 9900 MARKHAM ROAD, 5899 MAJOR MACKENZIE DRIVE
            AND THE ABUTTING PROPERTY TO THE EAST
            FILE NOS: SU/ZA 14 130863 (10.7, 10.5)

Report

Moved by Councillor Don Hamilton

Seconded by Regional Councillor Joe Li

1) That the staff report titled “RECOMMENDATION REPORT, CIM Global Development LP, Draft Plan of Subdivision and Zoning By-law Amendment applications to allow townhouse development and future commercial development at 9900 Markham Road, 5899 Major Mackenzie Drive and the abutting property to the east, File Nos: SU/ZA 14 130863”, be received; and,

2) That the record of the Public Meeting held on April 21st, 2015 relating to the applications for Draft Plan of Subdivision and Zoning By-law Amendment submitted by CIM Global Development LP for 9900 Markham Road, 5899 Major Mackenzie Drive and the abutting property to the east, be received; and,

3) That the Zoning By-law Amendment application (ZA 14 130863) submitted by CIM Global Development LP to amend Zoning By-law 177-96, as amended, be approved and that the draft By-law attached as Appendix ‘A’ be finalized and enacted without further notice; and,

4) That Draft Plan of Subdivision 19TM- 14014 (SU 14 130863) be approved subject to the conditions of draft approval set out in Appendix ‘B’ of this report; and,

5) That Council grant servicing allocation for 195 townhouse units; and,

6) That the draft plan approval for plan of subdivision 19TM-14014 will lapse after a period of three (3) years commencing on the date of issuance of draft plan approval, in the event that a subdivision agreement is not executed within that period; and further,

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

(By-law 2016-49)

Carried

(Regional Councillor Nirmala Armstrong abstained due to conflict)

Regional Councillor Nirmala Armstrong disclosed an interest with respect to Item No. 2, Report No. 15 (CIM Global Development LP, 9900 Markham Road, 5899 Major Mackenzie Drive) by nature of having a business in close proximity to the subject property and did not take part in the discussion or vote on this matter.

(3) METROLINX STATION ANALYSIS
– STOUFFVILLE GO LINE (5.10)

Report

1) That the report entitled “Metrolinx Station Analysis – Stouffville GO Line” dated April 25, 2016 be received; and,

2) That the letters from The Remington Group Inc. dated April 5, 2016 and Milliken Landowners Group dated April 6, 2016 be received; and,

3) That Markham Council endorse two new GO Station locations, at Denison Street and Major Mackenzie Drive East, on the Stouffville Line as part of the Regional Express Rail (RER) service study; and,

4) That Metrolinx be requested to incorporate Markham Council’s station location request and provide an update of the RER service planning progress status to Markham Development Services Committee; 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. 16 - DEVELOPMENT SERVICES PUBLIC MEETING
(April 26, 2016)

Moved by Councillor Don Hamilton

Seconded by Councillor Colin Campbell

That Report No. 16 – Development Services Public Meeting comprised of 2 items be received and adopted.

(1)        PRELIMINARY REPORT
            APPLICATION FOR A ZONING BY-LAW AMENDMENT
            BY POOTHAPPILLAI JEYANANTHAN AND JEYANANTHAN SUMITHRA
            TO CONSOLIDATE THE ZONING ON 9000 MCCOWAN ROAD
            75 AND 77 HAVAGAL CRESCENT TO FACILITATE THE
            CREATION OF TWO SINGLE DETACHED RESIDENTIAL LOTS
            FILE NO.: ZA 15 176434 (10.5)

Report

1) That the written submission from Kanthini R. Regarding the application by Poothappillai Jeyananthan and Jeyananthan Sumithra for 9000 McCowan Road, 75 and 77 Havagal Crescent, be received; and,

2) That the report dated March 7, 2016 titled “PRELIMINARY REPORT, Application for a Zoning By-law Amendment by Poothappillai Jeyananthan and Jeyananthan Sumithra to consolidate the zoning on 9000 McCowan Road, 75 and 77 Havagal Crescent to facilitate the creation of two single detached residential lots (File No. ZA 15 176434)”, be received; and,

3) That the Record of the Public Meeting held on April 26, 2016, with respect to the proposed Zoning By-law Amendment application by Poothappillai Jeyananthan and Jeyananthan Sumithra to consolidate the zoning on 9000 McCowan Road, 75 and 77 Havagal Crescent to facilitate the creation of two single detached residential lots (File No. ZA 15 176434), be received; and,

4) That the application by Poothappillai Jeyananthan and Jeyananthan Sumithra, to amend Zoning By-law 134-79, as amended, (File No. ZA 15 176434) be approved; and,

5) That the proposed amendment to Zoning By-law 134-79, as amended, be enacted without further notice; and further,

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

Carried

(2)        PRELIMINARY REPORT
            AKILAN KANAGASABAPATHY
            APPLICATIONS FOR OFFICIAL PLAN
            AND ZONING BY-LAW AMENDMENT
            TO PERMIT ONE SINGLE-DETACHED DWELLING
            FRONTING ONTO 14^TH AVENUE AND TWO SINGLE-DETACHED
            DWELLINGS FRONTING ONTO DEIB CRESCENT
            5077 14^TH AVENUE (10.3, 10.5)

Report

1) That the written submissions from Albert Hau and Dicky Chiu, regarding applications by Akilan Kanagasabapathy for 5077 14^th Avenue, be received; and

2) That the Development Services Commission report dated March 29, 2016, entitled “Preliminary Report, Akilan Kanagasabapathy, Applications for Official Plan and Zoning By-law Amendment to permit one single-detached dwelling fronting onto 14^th Avenue and two single-detached dwellings fronting onto Deib Crescent, 5077 14^th Avenue, File Nos. OP/ZA 15 107711” be received; and,

3) That the Record of the Public Meeting held on April 26, 2016 with respect to the proposed Official Plan and Zoning By-law Amendment applications, be received; and,

4) That the applications by Akilan Kanagasabapathy for a proposed Official Plan and Zoning By-law Amendment (OP/ZA 15 107711) be approved and the draft implementing Official Plan and Zoning By-law Amendments 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.

Carried

6(C) REPORT NO. 17 - GENERAL COMMITTEE (May 2, 2016)

Moved by Councillor Colin Campbell

Seconded by Regional Councillor Nirmala Armstrong

That Report No. 17 – General Committee comprised of one item be received and adopted.

(1) BAN ON DOOR-TO-DOOR SALES ACTIVITIES (13.4)

Whereas the Provincial Government implemented the Stronger Protection for Ontario Consumers Act in April 2015 to address, among other things, aggressive and misleading door-to-door sales tactics;

Whereas Ontarians over the last twelve months continue to experience unsolicited, aggressive and misleading sales tactics at their door from companies seeking to sell home energy products, despite this provincial legislation;

Whereas the door to door agents acting on behalf of these companies misrepresent their purpose and/or identity, often posing as utility inspectors and government agents needing to gain access to the homes of Ontarians;

Whereas people across Ontario, and in particular Markham residents, have been targeted by these door to door misrepresentations and misleading sales tactics;

Whereas one such company has been recently charged with 142 breaches of the Consumer Protection Act due to this fraudulent and misleading sales conduct, previous attempts by the Province to protect Ontarians have failed;

Whereas the province has implemented a ban on door-to-door sales for electricity and natural gas contracts by passing the Strengthening Consumer Protection and Electricity System Oversight Act, 2015;

Now therefore be it resolved that Council:

1) Urge the Provincial Government to ban all door-to-door sales in the home services sector (more specifically the sale or lease of HVAC equipment, water heaters, water filtration systems and other related home energy products and services by door-to-door sales agents) as soon as possible, and before the spring session of the Ontario legislature concludes;

2) Issue an Alert via News Release and other forms of communication to Markham residents to warn them about ongoing door-to-door sales activities, and encourage Markham residents to sign the online petition at Change.org;

3) Encourage other GTA municipalities to join with Markham in calling on the province to act;

4) 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

There were no notices of motions.

9. COMMUNICATIONS

Moved by Councillor Alex Chiu

Seconded by Councillor Amanda Collucci

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

Received

14-2016 ROAD CLOSURE REQUEST – MAIN STREET FARMER'S MARKET & SCIENCE RENDEZVOUS (3.5)

Info

Main Street Farmers' Market

132 to 138 Robinson Street will be closed on each Saturday from May 14 to October 8, 2016 between 6:00 AM and 2:00 PM to facilitate the event.

Main Street Farmers' Market and Science Rendezvous

132 to 138 Robinson Street will be closed on Saturday May 7, 2015 between 6:00 AM and 4:00 PM to facilitate the event.

Carried

15-2016 LIQUOR LICENCE APPLICATION FOR THE POOL BILLIARDS AND BAR, 5051 HIGHWAY NO. 7 EAST, SUITE 1A (WARD 3) (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

16-2016 LIQUOR LICENCE APPLICATION FOR 2373353 ONTARIO INC O/A THE ORIENTAL GOURMET (CHIU CHOW), 5328 HIGHWAY NO. 7, SUITE 1A (WARD 4) (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

10. PROCLAMATIONS

(1) PROCLAMATION REQUEST (3.4)

Moved by Councillor Alex Chiu

Seconded by Councillor Logan Kanapathi

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

- National Youth Week (May 1 to 7, 2016)

Carried

11. NEW/OTHER BUSINESS

(1) RECOMMENDATION FROM THE APRIL 18, 2016
LICENSING COMMITTEE HEARING (131 WALFORD ROAD) (2.0)

Moved by Deputy Mayor Jack Heath

Seconded by Regional Councillor Nirmala Armstrong

1) That the following recommendation of the Licensing Committee from the Hearing held on April 18, 2016 be approved and adopted:

"That the application to remove a blue spruce tree at 131 Walford Road, Markham, be denied."

Carried

(2) 407 TRANSITWAY (KENNEDY ROAD TO BROCK ROAD)
TRANSIT PROJECT ASSESSMENT PROCESS (5.10)

Presentation Report

Moved by Regional Councillor Joe Li

Seconded by Regional Councillor Nirmala Armstrong

1) That the 407 Transitway (Kennedy Road to Brock Road) Environmental Project Report be endorsed with the following revisions/conditions:

a) That the 407 Transitway alignment at Kennedy Road be revised, if applicable, upon finalization of Markham Centre Mobility Hub Study and the amendment of the 407 Transitway alignment west of Kennedy Road.

b) That the Ministry of Transportation provide for an additional future station at McCowan Road, and include the preliminary design of the station as part of the EA.

c) That the Ministry of Transportation work with the City to restrict vehicular access to the Ninth Line Station through the residential neighbourhoods and resolve any traffic issues resulting from the station access from Old Ninth Line.

d) Mitigation of noise and other possible impacts to abutting residential properties at the Ninth Line Station.

e) That the Ministry of Transportation relocate the Donald Cousens Parkway Station on the east side of Reesor Road, adjacent to the future GO service on the Havelock Subdivision rail line.

f) That the Ministry of Transportation address traffic impact due to station location on Markham Road to mitigate vehicular infiltration to residential neighbourhoods.

g) That leading edge sustainable measures be implemented to address stormwater, energy conservation, protection of wildlife corridors and bird friendly guidelines.

h) That special consideration be demonstrated regarding accessible design for people with disabilities.

i) That in the event an ossuary is discovered, the proper Provincial protocols be followed.

j) That the Premier of Ontario, Minister of Transportation and Metrolinx be requested to accelerate the program to a 10-15 year time frame, and to consider public-private partnerships and other opportunities to fund the acceleration.

k) That an automated state-of-the-art rail transit system be considered as an alternative to the bus transitway.

l) That GO Rail commuter service be advanced on the CP Havelock line.

m) That the interchange ramps for all directions on the 407 ETR be protected.

n) That the completion of residential roads in Legacy as a result of the 9^th Line station be included in the 407 Transitway project budget.

o) That estimated costing of the project be provided; and,

2) That the Ministry of Transportation be requested to review the detailed station and station access design for all stations with City and Regional staff; and,

3) That staff report back at the detailed design stage with further details related to access requirements, financial implications, potential partnership arrangements, transit oriented development opportunities, and any required agreements between Stakeholders; and,

4) That the Ministry of Transportation provide a crossing and alternative alignment for the Rouge Valley Trail Multi-Use Path between Rouge Valley and Ninth Line at the Ministry’s cost, when the 407 Transitway is constructed; and,

5) That the Federal Government and the Province of Ontario be requested to evaluate the feasibility of a high speed train from Windsor to Montreal; and that the Highway 407 corridor be considered as part of the route alignment for this train service; and,

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

7) That staff report back to Committee in fall 2016 prior to the Ministry of Transportation finalizing their Transit Project Assessment Process study on the final study recommendations and Markham’s comments; and further,

8) That the Minister of Transportation, Minister of the Environment and Climate Change, Metrolinx, Infrastructure Ontario, Regional Municipality of York be advised accordingly.

Carried

Council consented to amend the proposed recommendation regarding the 407 Transitway (Kennedy Road to Brock Road) Environmental Project as follows:

Resolution No. 1, Section f)