Council
Minutes
February
27, 2018, 7:00 PM
Council Chamber, Anthony
Roman Markham Civic Centre
Meeting No. 3
Roll Call
Mayor Frank Scarpitti,
Deputy Mayor Jack Heath, Regional Councillor Jim Jones, Regional Councillor Joe
Li (arrived 7:20 PM), Regional Councillor Nirmala Armstrong, Councillor Valerie
Burke, Councillor Alan Ho, Councillor Don Hamilton (arrived 7:10 PM),
Councillor Karen Rea, Councillor Amanda Collucci, Councillor Logan Kanapathi, Councillor
Alex Chiu.
Regrets
Councillor Colin Campbell
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Trinela Cane, Commissioner
of Corporate Services
Biju Karumanchery, Acting
Commissioner of Development Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Kimberley Kitteringham, City
Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Bryan Frois, Chief of Staff
The meeting of
Council convened at 7:06 PM on February 27, 2018 in the Council Chamber. Mayor
Frank Scarpitti presided.
INDIGENOUS LAND ACKNOWLEDGEMENT
We begin today by
acknowledging that we walk upon the traditional territories of Indigenous
Peoples and we recognize their history, spirituality, culture, and stewardship
of the land. We are grateful to all Indigenous groups for their commitment
to protect the land and its resources and we are committed to reconciliation,
partnership and enhanced understanding.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL
MINUTES FEBRUARY 13, 2018
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor Alan Ho
1) That
the Minutes of the Council Meeting held on February 13, 2018, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
There were no
deputations.
5. COMMUNICATIONS
Moved by Regional
Councillor Nirmala Armstrong
Seconded by Councillor
Karen Rea
That Council
receive and consent to the disposition of communications in the following
manner:
Received
Info
Request
for the City of Markham to complete the Municipal Information Form.
(New liquor licence for indoor and
outdoor areas)
Carried
4-2018 LIQUOR LICENSE: APPLICATION FOR 2546696 ONTARIO INC.,
5990 16TH AVENUE (WARD 4) (3.21)
Info
Request
for the City of Markham to complete the Municipal Information Form.
(New liquor licence for indoor
areas)
Carried
6. PROCLAMATIONS
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
(1) PROCLAMATIONS
AND FLAG RAISING REQUESTS. (3.4)
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- International
Women's Day (March 8, 2018)
- Pakistan
National Day (March 23, 2018)
- National
Wildlife Week (April 8 - 14, 2018)
- Animal Health Week (September 30 –
October 7, 2018)
- Feral Cat Day (October 16, 2018)
2) That the following new request for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- Holi
Gala (March 10, 2018)
3) That
the following request for a flag to be raised at the Anthony Roman Markham
Civic Centre flagpole, approved by the City Clerk in accordance with the City
of Markham Community Flag Raisings & Flag Protocol Policy, be received for
information purposes:
- Pakistan
National Day (March 25, 2018)
(Organized by Canadian of Pakistani Origin)
Carried
7(A) REPORT
NO. 6 - DEVELOPMENT SERVICES COMMITTEE
(FEBRUARY 12, 2018)
That the report of the Development Services Committee be received &
adopted. (Items 1 to 3):
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Amanda Collucci
(1) RECOMMENDATION REPORT
EVALUATON OF MARKHAM DESIGN
REVIEW PANEL PILOT PROJECT (10.8)
Report
1) That
the report titled “Evaluation of Markham Design Review Panel Pilot Project” be
received; and,
2) That
Council authorize the permanent establishment of a Markham Design Review Panel
to act as an advisory body to assist City staff in design matters during the
development approval process of large and complex higher density development in
key locations in Regional Centres, Key Development Areas, Local Centres and
Corridors, and including higher density development applications that may be
identified in other locations by the Director of Planning and Urban Design;
and,
3) That
Council authorize a maximum annual budget of $10,000, to be included in the
Planning and Urban Design Department Operating Budget for the Design Review
Panel, to be funded from development application fees; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution
Carried
(2) COMMUNITY HERITAGE
ONTARIO
REQUEST TO HOST ONTARIO
HERITAGE CONFERENCE 2020 (16.11)
Report
1) That
the staff report titled “Community Heritage Ontario, Request to Host the
Ontario Heritage Conference 2020”, dated February 12, 2018, be received; and,
2) That
the Director of Economic Growth, Culture and Entrepreneurship be authorized to
develop and submit a proposal to Community Heritage Ontario to host the 2020
Ontario Heritage Conference; and,
3) That
if Markham is awarded the 2020 Ontario Heritage Conference, culture and
economic development staff be authorized to create a Local Organizing Committee
consisting of municipal staff, Heritage Markham members, individuals from local
heritage groups and organizations and other appropriate community stakeholders;
and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(3) RECOMMENDATION REPORT
WEMAT ONE LTD., BLOCK 1, PLAN 65M-2665
SOUTH SIDE OF HIGHWAY 7, BETWEEN HIGHWAY 404
AND COMMERCE VALLEY DRIVE EAST, APPLICATION
FOR OFFICIAL PLAN AMENDMENT TO EXPAND THE
RANGE OF EMPLOYMENT USES PERMITTED, WARD 8
FILE NO. OP 13 113480 (10.3)
Report
1) That
the report dated February 12, 2018 entitled “RECOMMENDATION REPORT, Wemat One
Ltd., Block 1, Plan 65M-2665, South side of Highway
7, between Highway 404 and Commerce Valley Drive East, Application for Official
Plan Amendment to expand the range of employment uses permitted”, be received;
and,
2) That
the Official Plan Amendment application submitted by Wemat One Ltd. to amend
the 2014 Official Plan as partially approved on Oct 30/15, May 26/16, Mar
10/17, April 21/17 and Nov 24/17 be approved, and that the draft Official Plan
Amendment attached as Appendix ‘A’ be finalized and enacted without further
notice; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(B) REPORT NO. 7 - GENERAL COMMITTEE (FEBRUARY
20, 2018)
That Report No. 7 – General Committee comprised of 4 items be received
and adopted, except Item No. 2. (See
following Item No. 2)
(1) NEW
PROVINCIAL BLUE BOX PROGRAM CHANGES (5.1)
Presentation
Report
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
1) That the presentation by Ms. Claudia
Marsales, Senior Manager, Waste Management entitled “New Provincial Blue Box
Program Changes,” be received; and,
2) That the report entitled “New Provincial Blue
Box Program Changes” be received and referred back to the Waste Diversion
Subcommittee; and,
3) That
the Province of Ontario be requested to delay the implementation of the
proposed Provincial Blue Box Program changes and funding to allow for proper
consultation with all municipalities and negotiations be considered to achieve
an equivalent or improved level of service; and,
4) That a
Special Council Workshop be scheduled to further consider the proposed
Provincial Blue Box Changes; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) MUNICIPAL
ACCOMMODATION TAX (MAT) *7.3)
Presentation Report
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Logan Kanapathi
1) That the
report “Municipal Accommodation Tax” be received; and,
2) That staff be authorized to engage
with stakeholders and the hotel industry regarding the potential of a 4%
Municipal Accommodation Tax (MAT) in the City of Markham; and,
3) That the City’s
portion of the Municipal Accommodation Tax (MAT) revenue
be directed towards the Life Cycle Replacement and Capital Reserve Fund as a
funding source to support the replacement and rehabilitation requirements of
the City’s tourism-related infrastructure; and,
4) That staff be directed to develop the
business case for the purpose of creating a Municipal Services Corporation
(MSC), which will operate as the City of Markham’s New Tourism Organization;
and,
5) That subsequent to the
consultation with stakeholders, staff report back to Council with further
details related
to the potential implementation of a Municipal Accommodation Tax (MAT) in the
City of Markham; and further,
6) That staff be authorized and directed to do all things necessary to give
effect to this resolution.
Carried
(3) YORK
UNIVERSITY CAMPUS COMMITTEE (16.0)
Report
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
1) That
the report entitled “York University Markham Campus Committee”, be received;
and,
2) That
the quorum requirements for York University Markham Campus Committee be amended
from a majority of the Members to four (4) Members of Council; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) EMERALD
ASH BORER PROGRAM NEXT STEPS (5.0)
Report
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Logan Kanapathi
1) That the staff report entitled “Emerald
Ash Borer Program Next Steps” be received; and,
2) That the remaining funds in the amount
of $1,569,036 in the Emerald Ash Borer (EAB) capital project of which:
a) $489,732
(31%) be allocated for use in years 2018 to 2020 to inspect, monitor, and
oversee the contractor warranties for the 10,500 trees planted in years 2016
and 2017 and;
b) $50,800
(3%) be used from the remaining funds to provide provision for the resources
for the watering of 7,259 trees past their warranty period in years 2018 and
2019, should the weather deem this necessary. If the funds are not used for
annual watering then they will be returned back to the Life Cycle Replacement
and Capital Reserve Fund and;
c) $58,275
(4%) be used from the remaining funds for tree injections for 525 living Ash
trees in years 2018 and 2019 and;
d) That
the remaining funds of $970,229 ($1,569,036 - $489,732 - $50,800 - $58,275) be
returned to the Life Cycle Replacement and Capital Reserve Fund and further;
3) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
7(C) REPORT NO. 8 - DEVELOPMENT SERVICES PUBLIC
MEETING
(FEBRUARY 20, 2018)
That the report of the Development Services Public Meeting be received
& adopted.
(Items 1 and 2):
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
NOBLEE HOMES CORPORATION
APPLICATION FOR ZONING BY-LAW
AMENDMENT
TO AMEND DEVELOPMENT STANDARDS
TO
FACILITATE THE SEVERANCE AND
FUTURE
CONSTRUCTION OF TWO NEW
SINGLE-DETACHED DWELLINGS
AT 4671 14TH AVENUE
(WARD 8)
FILE NO. ZA 17 167005 (10.5)
Report
1) That the Development Services Commission report dated
February 12, 2018, entitled “Preliminary Report, Noblee Homes Corporation,
Application for Zoning By-law Amendment to amend development standards to
facilitate the severance and future construction of two new single-detached
dwellings at 4671 14th Avenue (Ward 8), File No. ZA 17 167005” be
received; and,
2) That the Record of the Public Meeting held on February 20,
2018 with respect to the proposed Zoning By-law Amendment application, be
received; and,
3) That
the written submission from Sonia Luk, Markham resident expressing concerns be
received; and,
4) That the application by Noblee Homes Corporation for a
proposed Zoning By-law Amendment (ZA 17 167005) be approved and the draft Zoning By-law Amendment be finalized and
enacted without further notice; and further,
5) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(2) REQUEST FOR COVERAGE OF
POSTAGE COSTS
FOR ADDITIONAL PUBLIC INFORMATION MEETING
RE: 2404099 ONTARIO LIMITED (JD DEVELOPMENT GROUP)
APPLICATIONS FOR A ZONING BY-LAW AMENDMENT
AND SITE PLAN APPROVAL TO PERMIT
265 FOUR STOREY STACKED TOWNHOUSE UNITS
AND TWO COMMERCIAL UNITS AT 7190 & 7200 MARKHAM ROAD
(SOUTH WEST CORNER OF MARKHAM RD. AND
DENISON STREET IN WARD 7)
FILE NOS. ZA/SC 17 109850 (10.5 & 10.6)
1) That
Council endorse the cost of postage for notices to hold an additional Public
Information meeting for the applications submitted by JD Development Group
on behalf of 2404099 Ontario Limited for a Zoning By-law Amendment and Site Plan approval at 7190 & 7200 Markham
Road (Ward 7) be funded through Corporate Services Commission.
Carried
8. MOTIONS
There were no motions.
9. NOTICE OF MOTION TO RECONSIDER
There were no
notices of motions to reconsider.
10. NEW/OTHER BUSINESS
(1) HOLD REMOVAL BY-LAW
YONGE GRANDVIEW CORP.
7089 YONGE STREET, 11 & 15 GRANDVIEW AVENUE
(NORTH EAST CORNER OF YONGE STREET AT GRANDVIEW AVENUE)
FILE NO. ZA 17 182948 (WARD 1) (10.5)
Memo
Moved by Councillor
Valerie Burke
Seconded by Regional
Councillor Jim Jones
1) That
the memorandum titled “Hold Removal, Yonge Grandview Corp., 7089 Yonge Street,
11 & 15 Grandview Avenue (Northeast corner of Yonge Street at Grandview
Avenue) File No. ZA 17 182948, dated February 27, 2018 be received;
2) That
the application submitted Yonge Grandview Corp., to amend Zoning By-law 2237,
as amended by Site Specific Zoning By-law 2013-56, to remove the Hold provision
be approved;
3) And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(By-law 2018-14)
Carried
(2) SPECIAL
COUNCIL MEETING, MARCH 5, 2018 (16.0)
Moved by Regional
Councillor Jim Jones
Seconded by Regional
Councillor Nirmala Armstrong
1) That
a special council meeting be called for March 5, 2018 to deal with a
confidential property acquisition.
Carried
(3) REVISED
COUNCIL MEETING DATE: MAY 15, 2018 (16.0)
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Alan Ho
1) That
the Council Meeting scheduled on May 16, 2018 be rescheduled to May 15, 2018 at
1:00 pm.
11. ANNOUNCEMENTS
There were no
announcements.
12. BY-LAWS
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Karen Rea
That By-laws 2018-11
to 2018-12 and 2018-14 be given three readings and enacted.
Carried
Three Readings
BY-LAW
2018-11 ROAD
DEDICATION BY-LAW (BETTY ROMAN BOULEVARD)
A by-law to dedicate certain lands as part of the highways of the City
of Markham (Part of Lot 24, Concession 3,
designated as Part 5, Plan 65R-31886 – Betty Roman Boulevard).
By-law
Carried
A by-law to adopt an Official Plan Amendment to the in force Official
Plan (Revised 2014), as amended, to provide for additional employment uses on the
subject lands under its current “Business Park Office Priority Employment” land
use designation
(Item No. 3, Report No. 6)
By-law
Carried
A
by-law to amend By-law 2237, as amended, to allow a 25 storey mixed use high density residential and
retail/commercial development.
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Karen Rea
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential
matters (7:13 PM):
1. MINUTES OF CONFIDENTIAL COUNCIL MEETING
FEBRUARY 13, 2018 (16.0)
[Section 239 (2) (b) (c) (e)]
Development
Services Committee February 12, 2018
2. LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – 2471330 ONTARIO INC. AND 2471331 ONTARIO INC. – 28 AND 30
SCIBERRAS ROAD (WARD 3) (8.0)
[Section 239 (2) (e)]
3. LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD – ONTARIO MUNICIPAL BOARD – 310 MAIN STREET NORTH (WARD 4) (8.0)
[Section 239 (2) (e)]
General
Committee February 20, 2018
4. A PROPOSED OR PENDING ACQUISITION OR
DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.0)
[Section 239 (2) (c)]
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Alex Chiu
That Council
rise from the confidential session. (7:42 PM)
Carried
The confidential
items were approved by Council as follows:
Moved by Councillor
Alex Chiu
Seconded by Regional Councillor Joe Li
1) That
the Council In-camera Minutes dated February 13, 2018 be confirmed.
Carried
DEVELOPMENT SERVICES COMMITTEE – FEBRUARY 12, 2018
Moved by Councillor
Don Hamilton
Seconded by Regional Councillor Joe Li
1) That the confidential report titled
“Consent to Sever Applications OMB Appeal, 2471330 Ontario Inc. and 2471331 Ontario Inc., 28 and
30 Sciberras Road (Ward 3), B/15/17 and B/16/17” be received; and,
2) That Council direct the City Solicitor
and Staff not to attend the Ontario Municipal Board hearing regarding the
decision of the Committee of Adjustment to approve the consent to sever
applications, provided that the applicant agrees to request the OMB to impose
the staff recommended conditions of approval set out in Appendix D of this
report in the event that the OMB allows the severance applications; and,
3) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Moved by Councillor
Karen Rea
Seconded by Regional Councillor Joe Li
1) That
the report titled “Ontario Municipal Board Appeal of Committee of Adjustment
Decision A/63/17, 310 Main Street North, Markham Village, Ward 4, dated
February 12, 2018, be received; and,
2) That
Council ratify the appeal of the decision of the Committee of Adjustment
(A/63/17) with respect to 310 Main Street North, Markham Village, to approve a
minor variance application to permit the expansion of the legal non-conforming
use of an automobile service garage, in a residential zone of the Markham
Village Heritage Conservation District, and instruct the City Solicitor and
staff to attend the Ontario Municipal Board hearing in support of the appeal;
and,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
GENERAL COMMITTEE – FEBRUARY 20, 2018
(4) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND
BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8) (8.0)
Moved by Deputy
Mayor Jack Heath
Seconded
by Regional Councillor Joe Li
1) That
the matter on the proposed or pending acquisition or disposition of land by the
municipality or local board in Ward 8 be referred to the March 5, 2018 General
Committee.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That By-law 2018-13
be given three readings and enacted.
Three Readings
BY-LAW 2018-13 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY
27, 2018.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 7:45 PM.
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed