Council Minutes

Meeting #:Meeting Number: 10
Date:
-
Location:
Council Chamber
Roll Call
  • Mayor Frank Scarpitti
  • Deputy Mayor Don Hamilton
  • Regional Councillor Jack Heath
  • Regional Councillor Joe Li
  • Regional Councillor Jim Jones
  • Councillor Keith Irish
  • Councillor Alan Ho
  • Councillor Reid McAlpine
  • Councillor Karen Rea
  • Councillor Andrew Keyes
  • Councillor Amanda Collucci
  • Councillor Khalid Usman
  • Councillor Isa Lee
Staff
  • Andy Taylor, Chief Administrative Officer
  • Trinela Cane, Commissioner, Corporate Services
  • Brenda Librecz, Commissioner, Community & Fire Services
  • Arvin Prasad, Commissioner, Development Services
  • Catherine Conrad, City Solicitor & Acting Director, Human Resources
  • Biju Karumanchery, Director, Planning & Urban Design
  • Joel Lustig, Treasurer
  • Bryan Frois, Chief of Staff
  • Kimberley Kitteringham, City Clerk
  • Martha Pettit, Deputy City Clerk
  • John Wong, Technology Support Specialist II
  • Andrea Berry, Sr. Manager, Corp Comm & Community Engagement

Alternate formats for this document are available upon request


The meeting of Council convened at 1:11 PM on May 14, 2019 in the Council Chamber. Mayor Frank Scarpitti presided.

A moment of silence was observed in recognition of the passing of City of Markham employee, Jamie Bosomworth, Manager of Strategy and Innovation, and the passing of  Lois James, supporter of Save the Rouge Valley System who was awarded the  Order of Canada in 2003 for her work on this initiative.

Council recessed at 2:59 pm and reconvened at 3:15 pm.

  • Moved byCouncillor Alan Ho
    Seconded byDeputy Mayor Don Hamilton
    1. That the Minutes of the Council Meeting held on April 30, 2019, be adopted.
    Carried

There were no presentations.

The following appeared before Council:

  1. Tracy Cook, arborist, representing the applicant, requested permission to plant native species other than white birch as replacement trees, with respect to the Licensing Committee recommendation.
  2. Patrick Hanlon, applicant, provided further clarification on the reasons for the removal of the tree.

See Item 11.1 for Council's decision on this matter.

The following appeared before Council:

  1. H. Gail Fox, applicant, addressed Council requesting approval to remove the Honey Locust Tree which is contrary to the Licensing Hearing recommendation;
  2. Craig Martin, co-applicant, addressed Council requesting approval to remove the tree on the front lawn.

See Item 11.2 for Council's decision on this matter.

Sam Orrico provided comments on the matter.

See Item 8.3.2, Report No. 22 for Council's decision on this matter.

Maria Gatzios of Gatzios Planning + Development, responded to questions from Members of Council.

See Item 8.1.3, Report No. 20 for Council's decision on this matter.

Requesting an approval from the City of Markham to extend their existing liquor licence for the patio areas at 202 Main Street Unionville. The proposed extension will be utilized in conjunction with the Unionville Festival on May 31, June 1 and June 2, 2019.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Temporary Extension Liquor application be received and approved, subject to the following:
    1. compliance with all applicable by-laws, regulations and City requirements with respect to temporary facilities; and further,
    2. that Paid Duty officers be retained by Jakes on Main Pub & Grille during the Unionville Festival on Friday, May 31, 2019, 10:00 pm to Saturday, June 1, 2019, 2:00 am, and; from Saturday, June 1, 2019, 10:00 pm to Sunday, June 2, 2019, 2:00 am.
    Carried

Requesting an approval from the City of Markham to extend their existing liquor licence for the patio areas at 198 Main Street, Unionville. The proposed extension will be utilized on Friday, May 31, 2019 (11:00 am - 10:00 pm); Saturday, June 1, 2019 (11:00 am - 10:00 pm); and Sunday, June 2, 2019 (11:00 am - 10:00 pm).

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Temporary Extension Liquor application be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements with respect to temporary facilities.
    Carried

Requesting an approval from the City of Markham to designate the Markham Fair being held on October 3-6, 2019 at 10801 McCowan Road as an event of Municipal Significance. The City's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support the Markham and East York Agricultural Society's application of a Special Occasion Liquor Permit to be utilized in conjunction with the Fair.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further;
    2. That the City of Markham recognize the Markham Fair as an event of "Municipal Significance".
    Carried

Memorandum dated May 14, 2019 from the Commissioner of Development Services regarding the Hold Removal By-law for Hiralal & Monmohan Kuman, 54 Lee Avenue, and recommending the approval of the proposed Hold Removal By-law with respect thereto.

(By-law 2019-59)

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the memorandum dated May 14, 2019 from the Commissioner of Development Services regarding the Hold Removal By-Law for Hiralal and Monmohan Kuman, 54 Lee Avenue, be received.
    Carried

Requesting an approval from the City of Markham to extend their existing liquor licence for the outdoor areas created by using the sidewalks located directly in front of the establishment while the street is closed to vehicular traffic. The proposed extension will be utilized in conjunction with the events as follows:

The Markham Village Music Festival - Patio Extensions (Friday, June 14, 2019 - Saturday, June 17, 2019)

Establishments applying for special occasion permits during this event will include:

a) Patio extensions for Friday, June 14, 2019: 4pm to 11pm & Saturday, June 17, 2019: 11am to 10pm:

  • Inspire Restaurant, 144 Main Street Markham N, Markham, ON
  • Azyun Restaurant, 144 Main Street Markham N, Markham, ON
  • Main’s Mansion Restaurant and Bar, 144 Main Street Markham N, Markham, ON
  • Live Real Factory (Formally Marca on Main), 96 Main Street N, Markham ON
  • Main Street Greek, 60 Main Street Markham N, Markham, ON
  • Lemon Bistro, 76 Main Street Markham N, Markham, ON
  • Folco’s Restaurant, 42 Main Street N, Markham, ON
  • 39 Spices, 39 Main Street N, Markham, ON


b) Patio extensions for Friday, June 14, 2019: 4pm to 2am & Saturday, June 15, 2019: 11am to 10pm:

  • The Duchess of Markham, 53 Main Street Markham N, Markham, ON

The Markham Auto Classic (Sunday, September 8, 2019 – 11:00 AM – 5:00 PM

  • Inspire Restaurant, 144 Main Street Markham N, Markham, ON
  • Azyun Restaurant, 144 Main Street Markham N, Markham, ON
  • Main’s Mansion Restaurant and Bar, 144 Main Street Markham N, Markham, ON
  • Live Real Factory (Formally Marca on Main), 96 Main Street N, Markham ON
  • Main Street Greek, 60 Main Street Markham N, Markham, ON
  • Lemon Bistro, 76 Main Street Markham N, Markham, ON
  • Folco’s Restaurant, 42 Main Street N, Markham, ON
  • 39 Spices, 39 Main Street N, Markham, ON
  • The Duchess of Markham, 53 Main Street Markham N, Markham, ON
  • The Ten Spot (New – Pending license), 106 Main Street N, Markham, ON
  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Special Occasion Liquor permit be received and approved, subject to the following:
    1. compliance with all applicable by-laws, regulations and City requirements with respect to temporary facilities; and,
    2. that Paid Duty officers be retained by The Duchess of Markham during the Markham Village Music Festival from Friday, June 14, 2019, 6:00 pm to Saturday, June 15, 2019, 2:00 am, and further;
    3. that a road closure permit be obtained from the City of Markham to close the street as required for the Markham Village Music Festival and the Markham Auto Classic.
    Carried

Requesting an approval from the City of Markham to extend their existing liquor licence for the patio areas at 158 Main Street North, Markham. The proposed extension will be utilized in conjunction with the Markham Village Music Festival from Friday, June 14, 2019 (5:00 - 11:00 pm) to Saturday, June 15, 2019 (11:00 am - 11:00 pm).

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Special Occasion Liquor permit be received and approved, subject to the following:
    1. compliance with all applicable by-laws, regulations and City requirements with respect to temporary facilities; and, furhter
    2. that a road closure permit be obtained from the City of Markham to close the street as required for the Markham Village Music Festival.
    Carried

Memorandum dated May 9, 2019 from the Commissioner of Development Services regarding "2522584 Ontario Inc., Zoning By-law Application, Eight Townhouse Dwellings on the east side of Marydale Avenue, Supplementary Information".

(Report No. 20, Item No. 8.1.4)

See Item 8.1.4, Report No. 20 for Council`s decision on this matter.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the memorandum dated May 9, 2019 from the Commissioner of Development Services regarding "2522584 Ontario Inc., Zoning By-law Amendment Application, Eight Townhouse Dwellings on the east side of Marydale Avenue, Supplementary Information", be received.
    Carried

Requesting an approval from the City of Markham to designate the Unionville Village Festival being held on May 31, 2019 - June 1, 2019 at the Crosby Memorial Arena & Sports Field, 210 Main Street Unionville, as an event of Municipal Significance. The City's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support the application of a Special Occasion Liquor Permit.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to the following :
    1. compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and
    2. that Paid Duty officers be retained by the Unionville Village Festival on Friday, May 31, 2019, 7:00 pm to Saturday, June 1, 2019, 1:00 am; and from Saturday, June 1, 2019 from 12:00 pm to 8:00 pm.

    2.    That the City of Markham recognize the Unionville Village Festival as an event of "Municipal Significance".

    Carried

(Report No. 20, Item 8.1.4)

See Item 8.1.4. Report No. 20 for Council's decision on this matter.

  • Moved byCouncillor Isa Lee
    Seconded byCouncillor Alan Ho
    1. That the communication dated May 14, 2019 from Mohammed Rahman regarding "Request for 2nd Statutory Public Meeting for Application for Zoning Change on Marydale Avenue", be received.
    Carried
  • Moved byCouncillor Keith Irish
    Seconded byCouncillor Reid McAlpine
    1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Nursing Week - May 6-12, 2019
    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    That the report of the Development Services Committee be received & adopted (Items 1, 2 and 4), save and except for Item 8.1.3. See Item 8.1.3 for Council's decision on this matter.

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the staff report entitled “Heritage Designation By-law Amendments, Legal Descriptions”, dated April 29, 2019, be received; and, 
    2. That the heritage designation by-laws for the following municipal property addresses be amended to reflect their current legal descriptions:
      1. 33 Artisan Trail (formerly 10372 Woodbine Ave.)
      2. 37 Artisan Trail (formerly 10271 Woodbine Ave.)
      3. 39 Artisan Trail (formerly 10327 Woodbine Ave.)
      4. 17 Campus Close (formerly 10521 Woodbine Ave.)
      5. 43 Castleview Crescent (formerly 10077 Woodbine Ave.)
      6. 18 Cecil Nichols Ave. (formerly 10510 Woodbine Ave.)
      7. 20 Mackenzie Stand Avenue (formerly 8083 Warden Ave.)
      8. 99 YMCA Boulevard (formerly 7996 Kennedy Rd.)
      9. 819 Bur Oak Avenue (formerly 9483 McCowan Rd.)
      10. 226 Edward Jefferys Avenue (formerly 9462 Hwy. 48)
      11. 11 Heritage Corners Lane (formerly 9251 Hwy. 48)
      12. 8 Wismer Place (formerly 10391 Woodbine Ave.)
      13. 2 Alexander Hunter Place (formerly 31 Helen Ave.)
      14. 2665 Bur Oak Avenue (formerly 7006 16th Ave.)
      15. 60 Dame Gruev Drive (formerly 6297 Major Mackenzie Dr.)
      16. 8 Green Hollow Court (formerly 9642 9th Line)
      17. 1 Kalvinster Drive (formerly 6937 Hwy. 7)
      18. 28 Pike Lane (formerly 9451 9th Line)
      19. 527 William Forster Road (formerly 8882 Reesor Rd.)
      20. 9899 Markham Road (formerly 9899 Hwy. 48)
      21. 28 Busch Avenue (formerly 4672 Kennedy Road)
      22. 128 Harbord Street (formerly 4672 Kenney Road)
      23. 10000 Kennedy Road (formerly Part of Lot 20, Concession 5)
      24. 14 Heritage Corners Lane (formerly 11022 Kennedy Rd.)
      25. 45 Stollery Pond Crescent (formerly 4075 Major Mackenzie Dr.)
      26. 11 Tannis Street (formerly 9765-9767 Kennedy Rd.)
      27. 99 Thoroughbred Way (formerly 9804 McCowan Rd.)
      28. 3 Tralee Court (formerly 4077 Major Mackenzie Dr.)
      29. 628 Wilfred Murison Avenue (formerly 9486 McCowan Rd.)
      30. 6888 14th Avenue (formerly 7166 14th Ave.)
      31. 6890 14th Avenue (formerly 7124 14th Ave.)
      32. 7 Bewell Drive (formerly 7447 9th Line)
      33. 15 Bewell Drive (formerly 7449 9th Line)
      34. 70 Karachi Drive (formerly 7555 Markham Rd.)
      35. 66 Monique Court (formerly 7205 Markham Rd.)
      36. 16 Moore’s Court (formerly 7085 14th Ave.)
      37. 60 Maple Park Way (formerly Part of Lot 6 Concession 5)

         

    3. That notice of the proposed amendments be given to the property owners in accordance with the Ontario Heritage Act; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

     

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the staff report titled “Recommendation Report, Update on Planning for the Ontario Heritage Conference 2020”, dated April 29, 2019, be received; and, 
    2. That Councillor Karen Rea and Councillor Reid McAlpine be appointed to Markham’s Local Organizing Committee (LOC) for the Ontario Heritage Conference 2020; and,  
    3. That up to $5,000 be allocated from the Heritage Preservation Account (087 2800 115) for promotional material that will be used at the 2019 Ontario Heritage Conference and that any unused funding be returned to the Heritage Preservation Account; and, further,  
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

     

    Carried

Maria Gatzios of Gatzios Planning + Development, responded to questions from Members of Council. Discussion on the matter ensued.

    1. That the report entitled “RECOMMENDATION REPORT, Berczy Glen Landowners Group, Proposed Modification to the Berczy Glen Secondary Plan Area – East of the Hydro Corridor, south of Elgin Mills Road East” dated April 29, 2019, be received; and,
    2. That the proposed modification to the Council adopted Berczy Glen Secondary Plan, as outlined in Appendix ‘A’ of the report entitled “RECOMMENDATION REPORT, Berczy Glen Landowners Group, Proposed Modification to the Berczy Glen Secondary Plan Area – East of the Hydro Corridor, south of Elgin Mills Road East” dated April 29, 2019, be adopted; and,
    3. That the proposed modification to the Council adopted Berczy Glen Secondary Plan, as recommended in the report entitled “ RECOMMENDATION REPORT, Berczy Glen Landowners Group, Proposed Modification to the Berczy Glen Secondary Plan Area – East of the Hydro Corridor, south of Elgin Mills Road East” dated April 29, 2019, be forwarded to the Region of York for consideration in the approval of the Berczy Glen Secondary Plan; and,
    4. That any back-to-back townhouses permitted by the proposed modification be required to be situated in close proximity to parks and amenity spaces, where feasible; and,
    5. That Staff be directed to report back on an appropriate percentage of back-to-back townhouse units within the Berczy Glen Secondary Plan area; and further,
    6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

     

    Carried by Recorded Vote
  • (See following Recorded Vote (9:4))

  • Recorded Vote (9:4)

    YEAS:

    Councillor Alan Ho, Councillor Reid McAlpine, Mayor Frank Scarpitti, Regional Councillor Jack Heath, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (9)

    NAYS:

    Councillor Keith Irish, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton (4)

     

WEST OF MARKHAM ROAD AND SOUTH OF DENISON STREET (WARD 7) FILE NO. ZA 18 229047 (10.5)

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the report titled “RECOMMENDATION REPORT, 2522584 Ontario Inc., Proposed Zoning By-law Amendment to permit eight (8) townhouse dwellings on the east side of Marydale Avenue, west of Markham Road and south of Denison Street (Ward 7) File No. ZA 18 229047”, be received; and,
    2. That the deputations of Atiq Farooqui, Surya Narayan, Joe Purushuttam, Hasim Bakash, Nabil Alsaydali, Mohammed Rahman, and Andrew Walker be received; and,
    3. That the communications of Gagnon Walker Domes Ltd. and the South Markham Residents' & Rate Payers' Association be received; and
    4. That the Zoning By-law Amendment application submitted by 2522584 Ontario Inc., to amend Zoning By-law 177-96, as amended, be approved in principle and that the draft By-law attached as Appendix ‘A’ be finalized and enacted at the May 14, 2019 Council meeting without further notice; and,
    5. That the Mayor and Clerk be authorized to enter into a development agreement, to satisfy the requirements of the Holding (H) provision attached to the zoning by-law amendment, in a form and content satisfactory to the Director of Planning Urban Design and the City Solicitor; and,
    6. That the applicant be required to install evergreen plantings along the south side of the development between the adjacent properties to provide additional screening, where feasible; and, 
    7. That Council assign servicing allocation for up to 8 townhouse dwellings; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    That the report of the General Committee be received & adopted (Items 1,2 and 3), save and except for 8.2.4. See Item 8.2.4 for Council's decision on this matter.

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    1. That the report entitled “Award of Tender 190-T-18 Play Equipment Replacement & Site Work at Various Parks” be received; and,
    2. That the contract for Tender 190-T-18 Play Equipment Replacement & Site work at Various Parks be awarded to the lowest priced Bidder, TDI International Ag Inc. dba Eco Blue Systems, in the amount of $1,280,177.87, inclusive of HST; and,
    3. That a 10% contingency in the amount of $128,017.79 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 the award in the amount of $1,408,195.66 ($1,280,177.87 + $128,017.79) be funded from projects #18234 Playstructure Replacement and #18235 Playstructure Rubberized Surface Replacement with available budget of $1,284,940.00; and,
    5. That the above two projects be consolidated into one project under project 18234 Playstructure and Rubberized Surface Replacement; and,
    6. That the budget shortfall in the amount of $123,255.66 ($1,284,940 - $1,408,195.66) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    1. That the report entitled “Award of Request for Proposal 009-R-19 Food Services for the Markham Civic Centre be received; and,
    2. That Request for Proposal 009-R-19 Food Services for Anthony Roman Centre be awarded to the highest ranked / highest revenue bidder, 10694835 Canada Inc. (Caterable) for a term of five (5) years; and,
    3. That the Mayor and City Clerk be authorized to execute an agreement with 10694835 Canada Inc. (Caterable) in a form satisfactory to the City Solicitor and the Commissioner of Corporate Services; and,
    4. That the $45,000.00 fixed annual revenue be credited to account # 890 890 8902 Cafeteria Revenue; and,
    5. That 10694835 Canada Inc. (Caterable) be responsible for payment of property taxes based on the annual assessed value for provision of food services, in the approximate annual amount of $2,000; and,
    6. That the Treasurer and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for an additional five (5) years commencing in year six (6) of this agreement; and further,
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes

    1. That the report titled “Asset Management Policy” be received; and,

    2. That Council approve the Asset Management Policy provided in Attachment 1; and further,

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

    Carried
  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Andrew Keyes
    1. That the correspondence from Kimberley Kawn, Unionville Historical Society and Jóska Zérczi, Unionville Residents Association, be received; and,
       
    2. That Council re-classify, amalgamate or dissolve the ABCs as outlined in the revised Appendix “F” as of June 30, 2019, save and except the Senior Hall of Fame Committee which shall remain in place until November 2019, and extend its sincere thanks to all citizen appointees and City staff liaisons of these ABCs for their contributions to Markham over the years, and,
       
    3. That a panel of City staff conduct interviews for all ABCs, save and except for, the Heritage Markham Committee, Committee of Adjustment and the Library Board, and present a slate of candidates to Council for approval on an as needed basis; and,
       
    4. That the German Mills Meadow and Natural Habitat Liaison Committee be added to the list of ABCs to remain as is as outlined in revised Appendix “E”; and further,
       
    5. That Council approve the following appointments:

    German Mills Meadow and Natural Habitat Liaison Committee
    Regional Councillor Jack Heath

    Councillor Keith Irish 

    Waste Diversion Committee
    Regional Councillor Jack Heath

    Regional Councillor Joe Li

    Councillor Reid McAlpine

    Councillor Khalid Usman

    Information Markham
    Regional Councillor Jack Heath

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

    Carried as Amended
  • Council consented that changes to the Senior Hall of Fame Committee be postponed until November 2019.

    Council consented to amend Recommendation No. 2 from:

    2.  That Council re-classify, amalgamate or dissolve the ABCs as outlined in the revised Appendix “F” as of June 30, 2019, and extend its sincere thanks to all citizen appointees and City staff liaisons of these ABCs for their contributions to Markham over the years, and,

    to

    2.  That Council re-classify, amalgamate or dissolve the ABCs as outlined in the revised Appendix “F” as of June 30, 2019, save and except the Senior Hall of Fame Committee which shall remain in place until November 2019, and extend its sincere thanks to all citizen appointees and City staff liaisons of these ABCs for their contributions to Markham over the years, and,

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Jim Jones

    That the report of the Development Services Public Meeting be received & adopted. (Items 1 to 2):

    Carried

FILE NO. ZA 18 231295 (10.5)

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Jim Jones
    1. That the written submissions by Sharron Morton, Arlene Randall, and Clara and Raymond Tso to the May 7, 2019 Development Services Public Meeting, regarding the proposed Zoning By-law Amendment application to permit the outdoor storage of motor vehicles including licensed charter buses at 332 and 338 John Street (Ward 1) File No. ZA 18 231295”, be received;
    2. That the deputations made at the May 7, 2019, Development Services Public Meeting by Alena Gotz, and Brian Korson, regarding the proposed Zoning By-law Amendment application to permit the outdoor storage of motor vehicles including licensed charter buses at 332 and 338 John Street (Ward 1) File No. ZA 18 231295”, be received;
    3. That the report titled “PRELIMINARY REPORT, Can-Am Express, C/O Haley Planning Solutions, Temporary Use Zoning By-law Amendment Application to permit the outdoor storage of motor vehicles including licensed charter buses at 332 and 338 John Street (Ward 1) File No. ZA 18 231295” dated April 29, 2019, be received; and, 
    4. That the Record of the Public Meeting held on May 7, 2019, with respect to the proposed Zoning By-law Amendment application to permit the outdoor storage of motor vehicles including licensed charter buses at 332 and 338 John Street (Ward 1) File No. ZA 18 231295”, be received; and, 
    5. That the application by Can-Am Express, to amend Zoning By-law 77-53, as amended, be approved; and, 
    6. That the proposed amendment to Zoning By-law 77-73, as amended, be enacted without further notice; and further, 
    7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    Carried

BADMINTON AS THE MAIN USE, AT 1375 DENISON STREET (WARD 8) FILE NOS. OP/ZA 18 177790 (10.3, 10.5)

  • Moved byCouncillor Keith Irish
    Seconded byRegional Councillor Jim Jones
    1. That the written submissions submitted to the May 7, 2019 Development Services Public Meeting from Angelina Choa, and Tom Wridolin, regarding the proposed Official Plan and Zoning By-law Amendment applications by Neamsby Investments Inc., be received; and,
    2. That the deputation made at the May 7, 2019, Development Services Public Meeting by Ravl Galindo, regarding the proposed Official Plan and Zoning By-law Amendment applications by Neamsby Investments Inc., be received; 
    3. That the Development Services Commission report dated April 15, 2019, entitled “Preliminary Report, Neamsby Investments Inc., Applications for Official Plan and Zoning By-law Amendments to permit a two-storey building for recreational and athletic purposes with badminton as the main use, at 1375 Denison Street (Ward 8), File Nos. OP/ZA 18 177790”, be received; and, 
    4. That the Record of the Public Meeting held on May 7, 2019 with respect to the proposed Official Plan and Zoning By-law Amendment applications, be received; and, 
    5. That the applications by Neamsby Investments Inc. for proposed Official Plan and Zoning By-law Amendments (OP/ZA 18 177790) be approved and the draft implementing Official Plan and Zoning By-law Amendments be finalized and 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
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish

    That the report of the Development Services Committee be received & adopted. (1 Item):

    Carried
  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Keith Irish
    1. That the presentation entitled ‘Provincial Consultation on Modernizing Conservation Authority Operations and Focusing Conservation Authority Development Permits on the Protection of People and Property be received’; and, 
    2. That the presentation entitled ‘Provincial Consultation on Modernizing Conservation Authority Operations and Focusing Conservation Authority Development Permits on the Protection of People and Property’ form the basis of staff comments to the Province in response to ERO 013-5018 and ERO 013-4992; and further, 
    3. That staff be authorized and directed do all things necessary to give effect to this resolution.
    Carried

Council consented to review a revised version of the Motion provided by Regional Councillor Jim Jones.

After some discussion, Council consented to refer the following revised motion  to the May 27, 2019 Development Services Committee meeting.

  • MOTION - YONGE STREET SUBWAY (LANGSTAFF/ RICHMOND HILL GROWTH AREA HIGHWAY 407/ YONGE STREET SUBWAY EXTENSION)

    Moved by: Regional Councillor Jim Jones

    Seconded by: Regional Councillor Joe Li

    Whereas the City of Markham supports the Province of Ontario’s decision to upload the responsibility for subways and urges the Province to  proceed as expeditiously as possible to construct the Yonge Street Subway; and,

    Whereas the Provincial Government will control the design and the location of the Richmond Hill Centre station and the Langstaff Gateway Station (407/Highway 7); and,

    Whereas in April, 2019, the Provincial Government announced that the Yonge Subway extension will be 1 of the 4 projects benefitting from Provincial investment in higher order transit; and,

    Whereas the Provincial Government has accelerated the target completion date for the Yonge Subway to be shortly after 2027; and,

    Whereas geotechnical and design work for the Yonge Subway extension has already commenced;

    Now therefore be it resolved:

    1.     That the Province of Ontario be requested to collaborate with the local municipalities and transit authorities to review and assess the following:

    1. The alignment of the Yonge Subway extension north of  Longbridge;
    2. Burying hydro lines from Red Cedar on Highway 7, to the Valley west of Yonge Street, south of Highway 407, to open additional lands for development;
    3. Revising existing and proposed infrastructure, such as relocation of stormwater ponds and Highway 407 interchange ramps at Yonge Street, to create a more urban pedestrian friendly environment;
    4. Studying the urban realm, densification opportunities and land value uplift resulting from these changes;
    5. Locate the integrated destination transit hub in the lands between Highway 407 and Highway 7 east of Yonge Street at the Langstaff Gateway;
    6. Plan the Vaughan lands west of Yonge Street as Rail Integrated Communities (TDD) instead of a 2,000-car parking lot;
    7. Amend the 407 Transitway Environmental Assessment (to include rail transit);
    8. Amend the Yonge Subway Extension Environmental Assessment to stay on Yonge Street;
    9. Conduct an environmental assessment to bury the 407 High Voltage Transmission Lines from east of Bayview to the valleyland west of Yonge Street;
    10. Engage a world class architectural, engineering, urban planning and design firm to plan the communities and the integrated destination transit hub;
    11. Set-up a Tri-City Task Force (comprised of Markham, Richmond Hill and Vaughan), to make this proposal happen;  
    12. Investigate a process to obtain expression of interest to building, maintaining and owning the multi-use destination integrated hub; and,

    2.     That the Council of the City of Markham request, through the Office of the Premier of Ontario, that the environmental assessments for the Yonge Subway Extension and the 407 Transitway be reviewed so that:

    1. The Yonge Street Subway Extension be constructed under Yonge Street North of Highway 407/7; and,
    2. That the Longbridge station be relocated from in front of the graveyard North to the Markham Langstaff Gateway (407/7) under Yonge St as an integral part of the Langstaff/Richmond Hill Gateway; and,
    3. That the Richmond Hill Centre Station be relocated to Yonge Street at a location to provide service to the Richmond Hill Centre (High Tech Road or Bantry or 16th Avenue) and other high density development on Yonge Street while still allowing for further extensions; and,

    3.     That Infrastructure Ontario (IO) or the Ministry of Transportation (MTO) be requested to study the feasibility of a revised Yonge Subway extension and take appropriate action, including revisions to the environmental assessment process, to maximize the public-sector return on investment in the Langstaff/Richmond Hill area; and further,

    4.     That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Monte McNaughton, Minister of Infrastructure Ontario, the Honourable  Rod Phillips, Minister of the Environment, Conservation and Parks, all MPPs in the Province of Ontario, the Cities of Richmond Hill and Vaughan, and the Regional Munipality of York.

     Referred

  • (See following original Motion)

  • Council had before it the following original Motion put forward by Regional Councillor Jim Jones for consideration:

    MOTION - YONGE STREET SUBWAY

    Moved by: Regional Councillor Jim Jones

    Seconded by: Regional Councillor Joe Li

     

    Whereas the Yonge Street Subway was envisioned after the Second World War along with the highways 400, 401, and 402 by the then Premier of Ontario; and

    Whereas the initial construction of the Subway was from Union Station to Eglinton Ave in 1954; and

    Whereas this initial section was under Yonge Street and not considered the Terminus; and

    Whereas further extensions of the Yonge Street Subway were constructed under Yonge Street from Eglinton to York Mills in 1973, and from York Mills to Finch Ave in 1974, neither of these were designed to be a terminus; and

    Whereas the extension of the Yonge Street Subway to Highway 7 has been an ongoing conversation for decades; and

    Whereas the Premier of the Province in 2011 announced the extension of the Yonge Street Subway to Highway 7 (Richmond Hill Centre/Langstaff Gateway) to be opened in the year 2020, and did not announce this as a terminus; and

    Whereas the preliminary design appears to indicate that the design with the Subway for the first time is removed from under Yonge Street some distance to the East in the Richmond Hill Centre Lands; and

    Whereas this has resulted in a station at Longbridge Ave on the west side of Yonge Street and in front of the graveyard on the East side of Yonge Street, not in front of the Langstaff Gateway (407/7) as would be expected; and

    Whereas the Richmond Hill Centre Station being off Yonge Street for the first time, gives the appearance of a terminus; and

    Whereas the Province has announced that the Province will assume the design, building and maintenance of the subway system; and, 

    Whereas the Province will have an opportunity to study the design and the location of the Richmond Hill Centre station and the Langstaff Gateway (407/7 Station; and

    Whereas on April 2019, the Province of Ontario announced that the Yonge Subway extension will be one of 4 projects benefitting from Provincial investment in higher order transit; and

    Whereas the Province has accelerated the completion of the Yonge Subway extension to a target timeframe of 2027; and

    Whereas geotechnical and design work for the Yonge Subway extension has already commenced; and

    Whereas several immediate actions can be undertaken in the planning of the Yonge Subway extension that will maximize the significant public sector investment in this project, including:

     

    1. Fully aligning the Yonge Subway extension by staying on Yonge Street from Longbridge to High Tech Road and 16th Avenue beyond;
    2. Burying hydro lines, from Red Cedar on Highway 7 to the Valley west of Yonge Street, south of Highway 407 to open additional lands for development;
    3. Revising existing and proposed infrastructure, such as stormwater ponds and Highway 407 interchange ramps at Yonge Street, to create a more urban pedestrian friendly environment;
    4. Studying the urban realm, densification opportunities and land value uplift resulting from these changes;
    5. Locate the integrated destination transit hub in the lands between Highway 407 and Highway 7 east of Yonge Street at the Langstaff Gateway;
    6. Plan the Vaughan lands west of Yonge Street as Rail Integrated Communities (TDD) instead of a 2,000-car parking lot;
    7. Amend the 407 Transitway Environmental Assessment (also upgrade the EA to rail transit)
    8. Amend the Yonge Subway Extension Environmental Assessment to stay on Yonge Street;
    9. Conduct an environmental assessment to bury the 407 High Voltage Transmission Lines from east of Bayview to the valleyland west of Yonge Street;
    10. Engage a world class Architectural, Engineering, Urban Planning and Design Firm to plan the communities and the integrated destination transit hub;
    11. Set-up a Tri-city Task Force to make this proposal happen (Markham, Richmond Hill and Vaughan); and,
    12. Investigate a process to obtain expression of interest to building, maintaining and owning the multi-use destination integrated hub.
       

    Now therefore be it resolved that the Council of the City of Markham request through the Premier’s office that the Environmental Assessments for the Yonge Subway Extension and the 407 Transitway be reviewed so that:

    1. The Yonge Street Subway Extension be constructed under Yonge Street North of Highway 407/7; and
    2. That the Longbridge station be relocated from in front of the graveyard North to the Markham Langstaff Gateway (407/7) under Yonge St as an integral part of the Langstaff / Richmond Hill Gateway; and
    3. That the Richmond Hill Centre Station be relocated to Yonge Street at a location to provide service to the Richmond Hill Centre (High Tech Road or Bantry or 16th Avenue) and other High Density development on Yonge Street while still allowing for further extensions.


    And further, be it resolved, that Infrastructure Ontario or MTO be requested to study the feasibility of a revised Yonge Subway extension and take appropriate action, including revisions to the environmental assessment process, to maximize the public-sector investment in the Langstaff/Richmond Hill area.

  • Moved byRegional Councillor Jim Jones
    Seconded byCouncillor Karen Rea

    That this matter be referred to the May 27, 2019 Development Services Committee meeting, with the provision that a meeting between Regional Councillor Jim Jones, Mayor Frank Scarpitti and staff be held prior to the Development Services Committee meeting.

    Carried

Councillor Karen Rea introduced a motion regarding Bill 108. Discussion on this matter ensued.

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Reid McAlpine

    WHEREAS the legislation that abolished the OMB and replaced it with LPAT received unanimous – all party support; and,

    WHEREAS All parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and,

    WHEREAS Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and,

    WHEREAS the City of Markham requests that the proposed changes to the Planning Act provide greater deference than that previously afforded to local, municipal decisions on development applications, by restoring the test under the Planning Act that appeals must be on the basis that the municipal decision is not consistent with the Provincial Policy Statement, fails to conform with a provincial plan, or fails to conform with the local and regional Official Plan(s);and,

    WHEREAS the City of Markham requests that the tribunal framework, restore the previous ability for participants in Local Planning Appeal Tribunal hearings to provide in person evidence in a hearing; and,

    WHEREAS, the City of Markham recognizes that proposed grouping together of a variety of community services, including parkland dedication, under community benefits charge framework and subject to a monetary cap will limit a municipality’s ability to continue to provide parks, and a range of community services and facilities at a consistent and equitable level of service across the municipality, and requests that the previous Development Charge “soft services” be maintained and separated from the community benefit charge under the proposed Bill 108; and,  

    WHEREAS On August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into “...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government.”; and,

    WHEREAS this MOU is “enshrined in law as part of the Municipal Act”, and recognizes that as “...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; and,

    WHEREAS by signing this agreement, the Province made “...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; and,

    WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997.

    NOW THEREFORE BE IT RESOLVED:

    1. That the City of Markham oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and

    2. That the City of Markham supports the positive changes within Bill 108 such as: 1. removing the requirement for low risk projects to undertake environmental assessments; 2. appointing more Local Planning Appeal Tribunal adjudicators to deal with appeals; 3. streamlining the planning process provided that the planning processes are streamlined at both the provincial and local levels; 4. the removal of the 10% discount for determining development charges for hard services; and,

    3. The City of Markham call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and,

    4. That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, and all MPPs in the Province of Ontario; and further that a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

     

    Carried
  • Moved byDeputy Mayor Don Hamilton
    Seconded byRegional Councillor Jim Jones

    That Council consent to the introduction of a motion regarding Bill 108.

    Carried by a Two Thirds Vote

​​There were no notices of motions.

 


Discussion on this matter ensued.

  • Moved byCouncillor Karen Rea
    Seconded byRegional Councillor Jim Jones
    1. That the application to remove one (1) White Birch Tree at 41 Elm Street, Markham, be approved; and,
    2. That the applicant provide for four (4) replacement trees to be planted on 41 Elm Street in a size and native species deemed appropriate by staff, by September 30, 2021; and,
    3. That replanting to occur in coordination with the prospective development project on the site and that the applicant must apply for an extension if they cannot meet this deadline, and further,
    4. That the recommendation is based on the unique characteristics of this case only and is not intended to be precedent setting nor to be used as a basis for future cases.
    Carried as Amended
  • (See following Recorded Vote (12:1))

    (See following to bring matter forward)

  • Council consented to amend recommendations 2, 3 and 4 from:

    2. That the applicant provide for four (4) replacement trees; and,

    3. That two (2) of the replacement trees be White Birch Trees and that they be planted on the front yard of 41 Elm Street by September 30, 2019; and,

    4. That the remaining two (2) trees be planted on 41 Elm Street or on any other private property in Markham in a size and native species deemed appropriate by staff, by September 30, 2019, or a cash-in-lieu payment of $300.00 per tree be provided; and further,

    to:

    2. That the applicant provide for four (4) replacement trees to be planted on 41 Elm Street in a size and native species deemed appropriate by staff, by September 30, 2021; and further,

  • Recorded Vote (12:1)

    YEAS:

    Councillor Keith Irish, Councillor Alan Ho, Councillor Reid McAlpine, Councillor Karen Rea, Regional Councillor Jim Jones, Deputy Mayor Don Hamilton, Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Andrew Keyes, Councillor Amanda Collucci, Councillor Khalid Usman, Councillor Isa Lee (12)

    NAYS:

    Regional Councillor Jack Heath (1)

     

  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Khalid Usman

    That Council consider the matter of "Recommendation from the April 30, 2019 Licensing Committee Hearing (41 Elm Street)" immediately following the Deputations with respect thereto.

    Carried

The applicant requested Council to approve the removal of the Honey Locust Tree which is contrary to the Licensing Hearing recommendation as they wish to extend their driveway and the tree is in the way. Discussion on the City's extended driveway regulations ensued.

  • Note: The following is the recommendation of the Licensing Committee from the Hearing held on April 30, 2019 brought to Council:

    1. That the application to remove one ( 1) Honey Locust Tree on 123 Highland Park Blvd., Markham, be denied; and,
    2. That the recommendation is based on the unique characteristics of this case only and is not intended to be precedent setting nor to be used as a basis for future cases.
    Postponed
  • Moved byDeputy Mayor Don Hamilton
    Seconded byCouncillor Keith Irish
    1. That Council defer a decision until such time as the applicant puts in an application to widen the driveway, and meets with City staff, to review the City's extended driveway regulations as they pertain to their property.
    Carried
  • (See following to bring matter forward)

  • Moved byCouncillor Karen Rea
    Seconded byCouncillor Keith Irish

    That Council consider the matter of "Recommendation from the April 30, 2019 Licensing Committee Hearing (123 Highland Park Blvd.)" immediately following the Deputations with respect thereto.

    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Andrew Keyes
    1. That the application to remove one (1) Spruce Tree at 20 Roman Road, Markham, be approved; and,
    2. That the applicant provide for four (4) replacement trees on the property of 20 Roman Road or any other private property in Markham, and in a size and native species deemed appropriate by staff, by September 30, 2019, or provide a cash-in-lieu payment of$300.00 per tree; and further,
    3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.
    Carried

There were no announcements.​​

  • Moved byCouncillor Reid McAlpine
    Seconded byDeputy Mayor Don Hamilton
    1. That By-laws 2019-59 and 2019-60 be given three readings and enacted.
    Carried

Council consented to not resolve into confidential session.

14.1
APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - APRIL 30, 2019
 

  • Moved byRegional Councillor Jack Heath
    Seconded byCouncillor Amanda Collucci
    1. That the Confidential Council minutes of April 30, 2019 be adopted.
    Carried

14.2
COUNCIL - MAY 14, 2019
 

14.2.1
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/COMMITTEE APPOINTMENTS) (16.24)
 

  • Moved byDeputy Mayor Don Hamilton
    Seconded byRegional Councillor Joe Li
    1. That the following persons be appointed to the Markham-Milliken Children’s Festival Organizing Committee:

    Name                                      Term

    Chelliah Killivalavan                 September 30, 2021
    Jeremiah Vueyaratnam             September 30, 2021

     

    Note: The Markham-Milliken Children’s Festival Committee will have up to five (5) vacancies if Council approves the above appointments. 

    2.  That the following persons be appointed to the Heintzman House Community Centre Board:

    Name                                   Term

    Julia Hamilton                       November 30, 2021
    Grace Leung                         November 30, 2021

    Note: The Heintzman House Community Centre Board will have one (1) vacancy if Council approves the above appointments.

     

    3.     That the following persons be appointed or re-appointed to the Box Grove Community Centre Board:

    Name                                          Term

    Chelliah Killivalavan                     November 30, 2022
    Jeremiah Vueyaratnam                 November 30, 2021
    Mike Hannikainen                        November 30, 2022
    Ismail Bhayat                               November 30, 2022       

    Note: The Box Grove Community Centre Board will be operating at full complement if Council approves the above appointments.

    Carried

14.3
GENERAL COMMITTEE - MAY 6, 2019
 

14.3.1
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 5) (8.0) [Section 239 (2) (c)]
 

  • Moved byCouncillor Andrew Keyes
    Seconded byCouncillor Alan Ho
    1. That the confidential report entitled “Stop up and Close and Declaration of Surplus of Lands within Lindvest Properties (Cornell) Limited’s Phase 4A Residential Subdivision Development (Blocks 7 and 8, Plan 65M-4458)” be received, and,
    2. That a By-law be enacted to stop up portions of Montague’s Lane and Lindcrest Manor, described as Blocks 7 and 8, Plan 65M-4458, City of Markham, Regional Municipality of York, (the “Subject Properties”), as shown on Attachments Nos. 1 and 2 to this report; and,
    3. That in accordance with By-law 178-96 the City declare the Subject Properties surplus to municipal needs; and,
    4. That subject to No. 1 and 3, above, the Senior Manager, Real Property be authorized to execute an Agreement of Purchase and Sale with Lindvest Properties (Cornell) Limited (“Lindvest”) for a nominal sum ($1.00) and any other required documents, to effect the conveyance of the Subject Properties; and, further,
    5. That staff be authorized and directed to do all things necessary to give effect to the foregoing.
    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Keith Irish

    That By-law 2019-61 be given three readings and enacted.

    Three Readings

    BY-LAW 2019-61 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 14, 2019.

    Carried
  • Moved byCouncillor Khalid Usman
    Seconded byCouncillor Keith Irish

    That the Council meeting be adjourned at 4:51 pm.

    Carried
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