Council
Minutes
May
9, 2017, 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 Jim Jones, 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.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Raj Raman, Mayor's Chief of
Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
Biju Karumanchery, Director of Planning and Urban
Design
Brian Lee, Director of Engineering
The meeting of
Council convened at 7:08 PM on May 9, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - APRIL 25, 2017
Minutes
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on April 25, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
There were no
deputations.
5. COMMUNICATIONS
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Received
15-2017 TEMPORARY
EXTENSION APPLICATION (LIQUOR SALES LICENCE) – MARKHAM VILLAGE BIA (WARD 4) (3.21)
Info
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:
Markham Village Music Festival
(Friday,
June 16, 2017, 4:00 PM to 11:00 PM)
(Saturday,
June 17, 2017, 11:00 AM to 9:00 PM)
- Liberty Burgers & Wings, 144 Main
Street North.
- Main’s Mansion Restaurant and Bar,
144 Main Street North.
- Inspire Restaurant, 144 Main Street
North.
- Main Street Greek, 60 Main Street
North.
- Lemon Bistro, 76 Main Street North.
Markham Village Music Festival
(Friday,
June 16, 2017, 4:00 PM to Saturday, June 17, 2016, 2:00 AM)
(Saturday,
June 17, 2017, 11:00 AM to 9:00 PM)
- The Duchess of Markham, 53 Main Street
North***
***Note:
The
approval to extend the patio for the Duchess of Markham from Friday, June 16,
2017, 4:00 PM to Saturday, June 17, 2017, 2:00 AM, is subject to the following
conditions:
1. Over-night
road closure has been approved by the City of Markham for Friday June 16, 2017
from 3:00 PM to Saturday June 17, 2017 9:30 PM to facilitate the Markham
Village Music Festival.
2. Hiring
(and confirmation) of a pay duty officer from 10:00 PM to 2:00 AM for each
establishment operating past 11:00 PM.
3. Provision
of stable and secure fence enclosure, with a minimum 0.91 m height, for any
licenced patio areas established on municipal property.
4. Inspection
and approval of fence enclosure by City Staff.
5. No
amplified music past 11:00 PM.
Markham Auto Classic
(Sunday
September 10, 2017, 11:00 AM to 4:00 PM)
- Liberty Burgers & Wings, 144 Main
Street North.
- Main’s Mansion Restaurant and Bar,
144 Main Street North.
- Inspire Restaurant, 144 Main Street
North.
- Main Street Greek, 60 Main Street
North.
- Lemon Bistro, 76 Main Street North.
- The Duchess of Markham, 53 Main
Street North
Carried
16-2017 ROAD
CLOSURE – TORAH DEDICATION PARADE AND CEREMONY (3.5)
Info
The
following road closure for Sunday May 14, 2017 from 9:30 AM to 11:00 AM has
been approved by the Director of Operation to facilitate the Torah Dedication
Parade and Ceremony:
- Green Lane between Guardsman Road and Willowbrook Road.
Carried
Councillor
Alex Chiu left the meeting at 7:15 PM.
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Karen Rea
Seconded by Regional
Councillor Jim Jones
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:
- Nursing Week (May 8 to 14, 2017); and,
2) That the following proclamation, issued
by the City Clerk in accordance with the City of Markham Proclamation Policy,
be received for information purposes:
- Pride Week (June 9 to 18,
2017); and,
3) That the following request for 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:
- Rainbow Flag (For Pride
Week, June 9 to 18, 2017)
(Organized by York Region LGBT); and
further,
4) That
the following new request for flag to be raised at the Anthony Roman Markham
Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:
- ALS Double Play Flag (June
10, 2017 - Promote Intentional Walk for ALS)
(Organized by Intentional Walk for ALS)
Carried
7(A) REPORT NO. 20 - DEVELOPMENT SERVICES
COMMITTEE
(April 24, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 20 - Development Services Committee comprised of 1 item be received and
adopted.
(1) CREATING
CONNECTIONS IN
THE CITY OF MARKHAM
(METROLINX REGIONAL EXPRESS
RAIL PROGRAM UPDATE) (5.10)
Presentation
1) That
the April 24, 2017 presentation titled “Creating Connections in the City of
Markham” by Metrolinx, dated April 24, 2017 be received; and,
2) That
Council authorize closure of existing Turff Avenue at Steeles Avenue
intersection and direct staff to bring forward the necessary bylaw at the
appropriate time; and,
3) That
Council authorize the Mayor and Clerk to execute agreement(s) with Metrolinx,
the City of Toronto, adjacent land owners, and other parties having
jurisdiction, in a form satisfactory to the Chief Administrative Officer and
the City Solicitor for implementation of the Regional Express Rail program and
the Steeles Avenue East grade separation; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
7(B) REPORT NO. 21 - GENERAL COMMITTEE (May 1, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 21 - General Committee comprised of 3 items be received and adopted.
(1) DEVELOPMENT CHARGES
BACKGROUND STUDY UPDATE (7.0)
Presentation
1) That the presentation entitled
“Development Charges Background Study Update” be received; and,
2) That Council endorse the following
policies to be utilized in the preparation of the Development Charges
Background Study:
a) Staff be directed to institute a policy
where new roads/expansions to accommodate growth are funded 100% from
Development Charges,
b) Staff be directed to levy
non-residential City Wide Hard Development Charges based on floor space (Gross
Floor Area) rather than land area,
c) Staff be directed to develop a
GFA-based methodology that supports differentiated rates for CWH charges
related to non-residential development,
d) Staff be directed to provide a credit
for change-in-use based on the prevailing rates, consistent with York Region;
and,
3) That Regional Councillor Jim Jones be
appointed to the Council Development Charge Committee; and further,
4) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(2) ADDITION
OF GENERAL COMMITTEE
MEETING (16.0)
1) That an additional General Committee
meeting be scheduled for Thursday June 8, 2017 from 9:00 AM to 3:00 PM.
Carried
(3) 151-R-16
CONSULTING
ENGINEERING SERVICES FOR
WEST THORNHILL - PHASE 3 STORM
SEWER UPGRADES AND WATERMAIN
REPLACEMENT (5.3)
Report Attachment
A Attachment
B
1) That the report entitled “151-R-16 Consulting
Engineering Services for West Thornhill - Phase 3 Storm Sewer Upgrades and
Watermain Replacement” be received; and,
2) That the detailed
design work under contract 151-R-16 Consulting Engineering Services for West Thornhill
- Phase 3 (inclusive of Phases 3A, 3B and 3C) Storm Sewer Upgrades and
Watermain Replacement be awarded to the highest ranked, second lowest priced
Bidder, R.V. Anderson Associates Limited, in the amount of $644,608.90,
inclusive of HST; and,
3) That a 10% contingency
in the amount of $64,460.90, 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 detailed design in the
amount of $709,069.80 be funded from the capital projects 16211 “West Thornhill
Flood Control Design – Phase 3” and project 16247 “Watermain Construction
Design for 2017” as outlined under the financial considerations section in this
report; and,
5) That the budget
remaining in project 16211 “West Thornhill Flood Control Design – Phase 3” and
project 16247 “Watermain Construction Design for 2017” in the amounts of
$285,565.10 and $8,166.40 respectively, be returned to original funding
sources; and,
6) That the contract
administration services award (inclusive of 10% contingency) for Phase 3A in
the amount of $390,992.44 ($355,447.68 + $35,544.76), Phase 3B in the amount of
$394,843.04 ($358,948.22 + $35,894.82) and Phase 3C in the amount of
$402,589.02 ($365,990.02 + $36,599.00) as outlined under the financial
considerations section of this report be requested as part of the 2020, 2021
and 2022 Capital budget process, subject to Council approval; and,
7) That the future
Purchase Order for contract administration of Phases 3A, 3B & 3C be updated
to reflect the actual construction time required based on the final design; and
further,
8) That Staff be
authorized and directed to do all things necessary to give effect to this
resolution.
Carried
7(C) REPORT NO. 22 - DEVELOPMENT SERVICES PUBLIC
MEETING
(May 2, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRELIMINARY
REPORT
APPLICATION BY TUNG VAN LAM
FOR A ZONING BY-LAW AMENDMENT
TO FACILITATE THE SEVERANCE OF
26 OAKCREST AVENUE
TO CREATE ONE ADDITIONAL
BUILDING LOT
FILE NO.: ZA 16 134042 (10.5)
Report
1) That the report dated April 10, 2017
titled “PRELIMINARY REPORT, Application by Tung Van Lam for a Zoning By-law
Amendment to facilitate severance of 26 Oakcrest Avenue to create one
additional building lot (File No. ZA 16 134042)”, be received; and,
2) That the Record of the Public Meeting
held on May 2, 2017, with respect to the proposed Zoning By-law Amendment to
facilitate severance of 26 Oakcrest Avenue to create one additional building
lot (File No. ZA 16 134042), be received; and,
3) That the application by Tung Van Lam to
amend the zoning by-law to facilitate severance of 26 Oakcrest Avenue to create
one additional building lot (File No. ZA 16 134042), be approved; and,
4) That the proposed amendment to Zoning
By-laws 304-87 and 122-72, as amended, be 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
7(D) REPORT NO. 23 - DEVELOPMENT SERVICES
COMMITTEE
(May 8, 2017)
Moved by Councillor
Karen Rea
Seconded by Councillor
Colin Campbell
That Report
No. 23 - Development Services Committee comprised of 1 item be received and
adopted.
(1) MAIN STREET MARKHAM
PAVER RESTORATION (5.10)
Presentation
1) That the staff presentation be received;
and,
2) That staff recommendation of Option 4
be approved; and,
3) That the Director of Engineering and
Senior Manager, Purchasing be authorized to invite a selected group of qualified
suppliers based on past performance to submit a tender for restoration; and
further,
4) That the Chief Administrative Office be
authorized to award the construction tender to the successful bidder
Carried
8. MOTIONS
There were no
motions.
9. NOTICE OF MOTION TO RECONSIDER
There was no
notice of motion to reconsider.
10. NEW/OTHER BUSINESS
(1) LETTER OF CREDIT
RELATED TO
DEMOLITION PERMIT APPLICATION FOR 26 ALBERT STREET (7.0)
Moved by
Councillor Karen Rea
Seconded by
Councillor Colin Campbell
1) That
staff review the release of letter of credit related to the Demolition Permit
Application for 26 Albert Street.
Carried
Councillor
Alex Chiu returned to the meeting at 7:24 PM.
11. ANNOUNCEMENTS
(1) DELEGATION
TO EABAMETOONG FIRST NATION (FORT HOPE) (12.2.6)
Regional Councillor Nirmala Armstrong advised that the delegation to Eabametoong First Nation (Fort Hope), by Mayor Frank Scarpitti,
Councillor Logan Kanapathi and herself from
May 3 to May 5, 2017, was very productive and that the City of Markham will
continue to cultivate the relationship.
Mayor Frank Scarpitti advised that the Eabametoong First Nation
community was very appreciative of the donation from Markham's Chinese
community and is investigating on how best to allocate the funds.
(2) APPRECIATION
TO OPERATIONS STAFF (12.2.6)
Councillor
Valerie Burke expressed appreciation to Operations Staff, Community and Fire
Services Commission, for their efforts on the recent tree planting event during
stormy weather.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-laws 2017-29
to 2017-31 be given three readings and enacted.
Three Readings
BY-LAW 2017-29 A BY-LAW TO PROVIDE FOR THE MAKING OF AN APPLICATION FOR
APPROVAL TO EXPROPRIATE LAND IN FEE SIMPLE, IN THE CITY OF MARKHAM
(Part of Lots 40, 41, 42 and 43 in Block M on
Registered Plan 173 designated as Parts 5, 6, 7, 8, 9 and 11 on Reference Plan
65R-36046)
By-law
Carried
BY-LAW 2017-30 A BY-LAW TO AMEND BY-LAW 2008-96 BEING A BY-LAW TO REGULATE OR PROHIBIT THE
INJURY OR DESTRUCTION OF TREES WITHIN THE CITY OF MARKHAM (TREE BY-LAW)
By-law
Carried
BY-LAW 2017-31 SUNRISE ACQUISITIONS (HWY 7) INC., 4116-4154 HIGHWAY 7 EAST AND
96-131 LICHFIELD ROAD, PART LOT CONTROL EXEMPTION BY-LAW
A by-law to designate part of a certain plan
of subdivision not subject to Part Lot Control, Blocks 1, 2 and 3 on Registered
plan 65M-4539, north of Highway 7 and west of Sciberras Road.
By-law
Carried
13. CONFIDENTIAL ITEMS
Council
consented to add a matter related to advice that is subject to solicitor-client
privilege, including communications necessary for that purpose as Item No. 7 to
the confidential agenda.
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Colin Campbell
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential
matters (7:29 PM):
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- APRIL 25, 2017 (16.0)
[Section 239 (2) (a) (b) (c) (e) (f)]
Development
Services Committee - May 8, 2017
(2) DEVELOPMENT
SERVICES COMMITTEE CONFIDENTIAL MINUTES
- April 10, 2017 (10.0)
[Section 239 (2) (e) (c)]
(3) LITIGATION OR POTENTIAL LITIGATION,
INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY
OR LOCAL BOARD - ONTARIO MUNICIPAL BOARD - VALLEYMEDE BUILDING AMA CORPORATION
(WARD 8) (8.0)
[Section 239 (2) (e)]
(4) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - MINOR VARIANCE APPLICATION APPEAL -
6 JONQUIL CRESCENT (WARD 4) (8.0)
[Section 239 (2) (e)]
(5) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD
EMPLOYEES (WARD 4) (7.0)
[Section 239 (2) (b)]
Council - May 9, 2017
(6) LABOUR
RELATIONS OR EMPLOYEE NEGOTIATIONS
(COLLECTIVE BARGAINING UPDATE) (11.0)
[Section 239 (2) (d)]
(7) ADVICE
THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS
NECESSARY FOR THAT PURPOSE (WARD 4) (5.10)
[Section 239 (2) (f)]
Moved by Councillor
Alan Ho
Seconded by Councillor
Logan Kanapathi
That Council
rise from the private session. (8:42 PM)
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- APRIL 25, 2017 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Nirmala Armstrong
1) That the Council
Confidential Minutes dated April 25, 2017 be confirmed.
Carried
(2) DEVELOPMENT SERVICES COMMITTEE
CONFIDENTIAL MINUTES
- APRIL 10, 2017 (10.0)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
1) That the minutes of the Development
Services Committee confidential meeting, held April 10, 2017, be confirmed.
Carried
(3) VALLEYMEDE
BUILDING AMA CORPORATION
CHANGES TO THE OMB SETTLEMENT
APPLICATIONS FOR OFFICIAL PLAN
AND
ZONING BY-LAW AMENDMENTS TO
PERMIT 100 TOWNHOUSE DWELLING
UNITS
AT 5112, 5122 AND 5248 14TH
AVENUE AND
7768, 7778, 7788 AND 7798
MCCOWAN ROAD (WARD 8)
FILE NOS. OP/ZA 12 117316
(8.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Logan Kanapathi
1) That the confidential report dated
April 24, 2017 titled “Valleymede Building AMA Corporation, Changes to the OMB
settlement, Applications for Official Plan and Zoning By-law Amendments to
permit 100 townhouse dwelling units at 5112, 5122 and 5248 14th
Avenue and 7768, 7778, 7788 and 7798 McCowan Road, File Nos. OP/ZA 12 117316”
be received; and,
2) That the City Solicitor or her
designate be directed to attend the OMB hearing to support the revised
settlement of the appeal by Valleymede Building AMA Corporation, as described
in this report; and,
3) That staff be authorized to finalize
the contents of the Official Plan Amendment and Zoning By-law Amendment with
the Applicant, in consultation with applicable public agencies and in
accordance with this report; and,
4) That Council authorize the City
Solicitor or her designate to execute an amendment to the Minutes of Settlement
respecting the appeal, satisfactory to the City Solicitor, to ensure that the
applicant supports the revised settlement proposal and conditions described in
this Report at the OMB; and further,
5) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(4) MINOR
VARIANCE APPLICATION APPEAL
DIANNA KASIAS
6 JONQUIL CRESCENT, MARKHAM
A/159/16 (WARD 4) (8.0)
Moved by Councillor
Amanda Collucci
Seconded by Councillor
Colin Campbell
1) That the confidential report titled
“Minor Variance Application Appeal, Dianna Kasias, 6 Jonquil Crescent,
A/159/16” 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 deny the minor variances related to
building height, building depth and floor area ratio, provided that the
applicant agrees to request the OMB to impose the staff recommended conditions
of approval set out below in the event that the OMB allows the variances;
a) That
the variances apply only to the proposed development as long as it remains;
b) That
the variances apply only to the subject development, in substantial conformity
with the plan(s) submitted with the application received on December 15, 2016
(see Appendix A), to the satisfaction of the
Director of Planning and Urban Design or designate;
c) That a Tree Assessment and Preservation
Plan, prepared by a qualified arborist in accordance with the City’s
Streetscape Manual (2009), as amended, shall be submitted for review and
approval by the City, that any detailed Siting, Lot Grading and Servicing Plan
required as a condition of approval reflects the recommendations of the Tree Assessment and Preservation Plan, and
that the Secretary-Treasurer receive written confirmation from the Director of
Planning and Urban Design or designate that this condition has been fulfilled
to his/her satisfaction.
d) That prior to the commencement of
construction or demolition, tree protection be erected around all trees on
site, including street trees, in accordance with the City’s Streetscape Manual
(2009) as amended, and inspected by City Staff to the satisfaction of the
Director of Planning and Urban Design or their designate and that the
Secretary-Treasurer receive written confirmation from the Director of Planning
and Urban Design or designate that this condition has been fulfilled to his/her
satisfaction.
e) That tree replacements be provided and/or
tree replacement fees be paid to the City if required in accordance with the
Tree Assessment and Preservation Plan, and that the Secretary-Treasurer receive
written confirmation from the Director of Planning and Urban Design or
designate that this condition has been fulfilled to his/her satisfaction;
f) That a Siting, Lot Grading and Servicing
Plan designed and stamped by a Professional Engineer/Ontario Land
Surveyor/Landscape Architect shall be submitted to the Director of Engineering
for review and approval and that the Secretary-Treasurer receive
written confirmation from the Director of Engineering or designate that this
condition has been fulfilled to his/her satisfaction; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) NEW
BUSINESS - PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING
MUNICIPAL OR LOCAL BOARD EMPLOYEES (WARD 4) (7.0)
It
was deemed that this item could be dealt with in open session.
Please
see New/Other Business Item No. 1 contained in these minutes.
(6) LABOUR RELATIONS OR
EMPLOYEE NEGOTIATIONS
(COLLECTIVE BARGAINING UPDATE) (11.0)
Moved by Regional
Councillor Jim Jones
Seconded by Deputy
Mayor Jack Heath
1) That staff be authorized to proceed as
directed by Council on May 9, 2017 regarding a labour relations or employee
negotiations (collective bargaining update) matter.
Carried
(7) ADVICE THAT IS SUBJECT
TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT
PURPOSE (WARD 4) (5.10)
Council
consented to not report out on this matter.
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
That By-law 2017-32
be given three readings and enacted.
Three Readings
BY-LAW 2017-32 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF
MAY 9, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 8:48 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)