Council
Minutes
April
11, 2017, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Meeting No. 5
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 (left the meeting around 9:35 PM), Councillor Amanda
Collucci, Councillor Logan Kanapathi (left the meeting around 8:40 pm),
Councillor Alex Chiu.
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor and Acting Director of Human Resources
Jim Baird, Commissioner of Development Services
Trinela Cane, Commissioner
of Corporate Services
Phoebe
Fu, Director
of Environmental Services
Kimberley
Kitteringham, City Clerk
Martha Pettit, Deputy City
Clerk
John Wong, Technology
Support Specialist
The meeting of
Council convened at 7:09 PM on April 11, 2017 in the Council Chamber.
Mayor Frank
Scarpitti presided.
Council
observed a moment of silence in recognition of the 100th anniversary
of the Battle of Vimy Ridge during World War I.
Council welcomed
the students who were in attendance to observe the Council proceedings.
1. DISCLOSURE OF PECUNIARY INTEREST
(1) None
declared.
2. APPROVAL OF PREVIOUS MINUTES
(1) COUNCIL MINUTES - MARCH 21, 2017
Minutes
Moved by Councillor
Logan Kanapathi
Seconded by Councillor
Valerie Burke
1) That the Minutes of the
Council Meeting held on March 21, 2017, be adopted.
Carried
3. PRESENTATIONS
There were no
presentations.
4. DEPUTATIONS
(1) PETER
MIASEK - DEPUTATION REGARDING DRAFT YORK REGION
2017 DEVELOPMENT CHARGES
BACKGROUND STUDY (13.4)
Moved by Councillor
Alan Ho
Seconded by Deputy
Mayor Jack Heath
That the
deputation of Peter Miasek, Unionville Residents Association, in support of the
proposed recommendation regarding the item entitled “Draft York Region 2017 Development
Charges Background Study” be received.
(See
Item No. 5, Report No. 13 for Council's decision on this matter)
Carried
(2) DEPUTATIONS
- REGARDING HERITAGE PERMIT APPLICATION, SHAKIBA DILMAGHANI AND
MASSOOD MASHDI, 149 JOHN STREET, THORNHILL, DRIVEWAY ENTRANCE GATE (16.11)
Moved by Councillor
Valerie Burke
Seconded by Councillor
Karen Rea
That the
following deputations regarding the Heritage Permit Application for 149 John
Street be received:
1. Helen Lepek, Lepek Consulting Inc., in
support of the proposed recommendation.
2. Barry Nelson, The Society for the Preservation
of Historic Thornhill (SPOHT), in opposition to the proposed recommendation
(See New/Other Business Item No. 2 for Council's decision on this
matter)
Carried
5. COMMUNICATIONS
Moved by Councillor
Alex Chiu
Seconded by Regional
Councillor Joe Li
That Council
receive and consent to the disposition of communications in the following
manner:
Received
10-2017 TEMPORARY
EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR JAKES ON MAIN PUB &
GRILLE, 202 MAIN STREET UNIONVILLE (WARD 3) (3.21)
Letter
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 and Markham Jazz
Festival as follows:
1. Unionville
Festival, June 2, 3 and 4, 2017
2. Markham
Jazz Festival, August 18, 19 and 20, 2017.
Carried
11-2017 COMMUNICATION -
EXEMPTION TO ANIMAL CONTROL BY-LAW NO. 2005-254 (PYGMY HEDGEHOG) (2.8)
(Item No. 8, Report No. 14)
Email
Email dated April 6, 2017 from Zita Au providing comments and support
regarding the request for exemption to Animal Control By-law No. 2005-254
(pygmy hedgehog).
Carried
12-2017 COMMUNICATIONS -
HERITAGE PERMIT APPLICATION, SHAKIBA DILMAGHANI AND MASSOOD MASHDI, 149 JOHN
STREET, THORNHILL, DRIVEWAY ENTRANCE GATE (16.11)
(New/Other Business No. 2)
Communications
Communications regarding the Heritage Permit Application for 149 John
Street received as follows:
1. Email dated April 10,
2017 from Valerie Tate.
2. Email dated April 10,
2017 from Diane Berwick.
3. Letter dated April 11,
2017 from Helen Lepek, Lepek Consulting Inc.
Carried
6. PROCLAMATIONS
(1) PROCLAMATION
AND FLAG RAISING REQUESTS (3.4)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Karen Rea
1) That the following proclamations, issued by the City Clerk
in accordance with the City of Markham Proclamation Policy, be received for
information purposes:
- Be a Donor Month (April 2017)
- National Volunteer Week (April 23 to
29, 2017)
- Day of Mourning for Workers Killed or
Injured on the Job
(April 28, 2017)
- Multiple Sclerosis Awareness Day
(May 25, 2017); and,
2) That the following new request for proclamation be approved
and added to the Five-Year Proclamations List approved by Council:
- Markham Toastmasters Club #4782 Month
(June 2017); and further,
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:
- Multiple Sclerosis
Flag (May 25 to 31, 2017)
(Organized by Multiple Sclerosis Society of Canada York Region)
Carried
7(A) REPORT NO. 13 - DEVELOPMENT SERVICES
COMMITTEE (March 20, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
That Report
No. 13 - Development Services Committee comprised of 6 items be received and
adopted.
(1) PRELIMINARY
REPORT
APPLICATION FOR DRAFT PLAN OF
SUBDIVISION
19TM-16009 AND OFFICIAL PLAN
AMENDMENT
BY 605918 ONTARIO LTD. FOR
8651 9TH LINE
IN CORNELL CENTRE
FILES: SU / OP 16 117108
(10.7, 10.3)
Report
1) That
the report entitled “PRELIMINARY REPORT, Application for Draft Plan of
Subdivision 19TM-16009 and Official Plan Amendment by 605918 Ontario Ltd. For
8651 9th Line, in Cornell Centre, Files SU / OP 16 117108”, be
received; and,
2) That
the Mayor and Clerk be authorized to execute a Construction Agreement and enter
into utility and service easements with 605918 Ontario Ltd., as necessary, to
allow for construction of underground services in advance of draft plan
approval; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) MARKHAM
CENTRE PARKLAND FUNDING
AND DELIVERY AGREEMENT (10.0)
Report
1) That
the report titled “Markham Centre Parkland Funding and Delivery Agreement”
dated March 20, 2017 be received; and,
2) That
the Markham Centre Parkland Funding and Delivery Agreement be terminated; and,
3) That
the Mayor and Clerk be authorized to execute an agreement to terminate the
Markham Centre Parkland Funding and Delivery Agreement; and further,
4) That
staff be authorized and directed to do all things necessary to give effect to
the recommendations set out in this report, including execution of additional
documents.
Carried
(3) MARKHAM
CENTRE PUBLIC ART (10.0)
Report
1) That
the report titled “Markham Centre Public Art” be received; and,
2) That a new Culture
Department 2017 capital project be created for ‘Markham Centre Public Art’;
and,
3) That the received funds from the
Remington Group in the amount of $566,913 in account 087-2801255 be transferred
to the new ‘Markham Centre Public Art’ account; and,
4) That staff follow the Public Art Process
as outlined in the Public Art Policy (2012 CFS 02), for the initial public art
installation, at a cost not to exceed $566,913 outlined in this report, and
future public art installation within the Remington Group’s Downtown Markham
project; and further,
5) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(4) EP
VICTORIA SQUARE MANORS LTD.
10925 AND 10945 WOODBINE
AVENUE
FILE NOS. SU & ZA 14
136727
REVISIONS TO COUNCIL
RECOMMENDATION REPORT (10.5, 10.7)
Report
1) That
the report dated March 20, 2017 entitled “EP Victoria Square Manors Ltd. 10925
and 10945 Woodbine Avenue File Nos. SU & ZA 14 136727 Revisions to Council
Recommendation Report” be received; and,
2) That
the staff report entitled “RECOMMENDATION REPORT, EP Victoria Manors Ltd.,
10925 and 10945 Woodbine Avenue, Applications for Zoning By-Law Amendment and
Draft Plan of Subdivision, File No’s SU & ZA 14 136727” dated April 7, 2015
(the “2015 Report”) and the
resolutions approved by Council as part of the 2015 Report be amended as
described in this report; and,
3) That
City Council authorize the appropriate City staff to make the necessary
revisions to the 2015 Report to correct the name of the landowner to EP
Victoria Square Manors Ltd., and to provide the full legal description of the
3.07m Woodbine Avenue widening as Part of Lot 27, Concession 4, designated as
Parts 2, 3, 4, 5, 6, and 7 on Plan RS-1232; and,
4) That in accordance with By-law 178-96 the City declare
certain lands described as Part of Lot 27, Concession 4, designated as Parts 2,
3, 4, 5, 6 and 7 on Plan RS-1232, City of Markham, Regional Municipality of
York, as surplus, being lands originally set out for the Woodbine Avenue road widening; and,
5) That subject to No. 4 above, the City enact a By-law to stop
up and close the lands described as Part of Lot 27, Concession 4, designated as
Parts 2, 3, 4, 5, 6 and 7 on Plan RS-1232, City of Markham, Regional
Municipality of York; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
(By-law 2017-17)
(New/Other Business Item No. 1)
Carried
(5) DRAFT
YORK REGION
2017 DEVELOPMENT CHARGES
BACKGROUND STUDY (13.4)
Report
1) That the report entitled “Draft York Region 2017 Development
Charges Background Study” be received; and
2) That the Region be requested to include all road projects in
Markham as recommended in the York Region 2016 Transportation Master Plan in
the York Region 2017 Development Charge Bylaw Background Study; and,
3) That the Region consult with City staff to prioritize the
timing of implementation of all Regional road improvements to align with
planned growth in the City of Markham to 2031; and,
4) That the Region be requested to consult with City staff when
the Region conducts the annual review of the Regional 10-Year Roads and Transit
Capital Construction Program starting with review of the 2017 Program; and,
5) That York Region be requested to come to a future City of
Markham Development Services Committee meeting with a presentation explaining
why the full Transportation Master Plan cannot be funded without significant
tax levy and debt pressure; and further,
6) That staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Councillor
Valerie Burke noted she is in opposition to road widenings specifically Bayview
Avenue.
(6) NEW/OTHER
BUSINESS
COUNCIL/STANDING COMMITTEE
MEETING CALENDAR
- COUNCIL MEETING (16.0)
1) That
the Tuesday October 31, 2017 Council meeting be rescheduled to Wednesday
November 1, 2017.
Carried
7(B) REPORT NO. 14 - GENERAL COMMITTEE (April 3,
2017)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Amanda Collucci
That Report No. 14 - General
Committee comprised of 8 items be received and adopted, except Item Nos. 1 and
8. (See following Item Nos. 1 and 8)
(1) STEELES AVENUE GRADE SEPARATION
AT STOUFFVILLE GO LINE (5.7)
Presentation
Moved by
Deputy Mayor Jack Heath
Seconded by
Councillor Amanda Collucci
1) That
the presentation “Steeles Avenue Grade Separation at Stouffville GO Line” at
the April 3, 2017 meeting of General Committee be received; and,
2) That
the City of Markham advise that it has no objection to the EA preferred design
alternative, and the three outstanding items as indicated on slide 9 to be
addressed in the detailed design stage; and,
3) That
the following aspects also be considered:
·
Implement the City's Bird friendly guidelines
for the design of the pedestrian bridge
·
A combination of elevators and escalators to
address capacity and personal security
·
Include enhanced landscaping and urban
streetscape along the widened section of Steeles Avenue
·
Lower or open up sections of the retaining
wall to enhance streetscape and to improve appearance
·
Address possibility of pedestrian crossing at
rail line north of Steeles Avenue
·
Pursue a dedicated left hand turn access into
private property on the north side of Steeles Avenue
·
All residential properties backing on to the Environmental Assessment
project should have their backyard fences replaced at 100% of Metrolinx cost
·
Extend or relocate GO platform such that a portion of the platform is on
the north side of Steeles Avenue; and,
4) That the above design
improvements be implemented in the context of the significant land use and economic
development node emerging on the north and south sides of Steeles Avenue at
this location; and,
5) That Staff submit any comments from the April 3, 2017
General Committee, as draft comments subject to Council endorsement, to the
City of Toronto, Metrolinx and the Ministry of the Environment and Climate
Change before the EA public review period ends
on April 7, 2017; and further,
6) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Council consented to delete the following
proposed Recommendation No. 3:
"3) That
the following aspects also be considered:
·
Implement the City's Bird friendly guidelines
for the design of the pedestrian bridge
·
Combination of elevators and escalators, and
address capacity and personal security
·
Include enhanced urban street streetscape
along the widened section of Steeles Avenue
·
Lower or open up sections of the retaining
wall to enhance streetscape and to improve appearance
·
Address possibility of pedestrian crossing at
rail line north of Steeles Avenue
·
Pursue a dedicated left hand turn access into
private property on the north side of Steeles Avenue
·
All properties backing on to the Environmental
Assessment development project should have their backyard fences compensated at
100% of the cost
·
Extend GO platform as close to Steeles Avenue
as possible; and, "
and replace with the following as
Recommendation Nos. 3 and 4:
"3) That
the following aspects also be considered:
·
Implement the City's Bird friendly guidelines
for the design of the pedestrian bridge
·
A combination of elevators and escalators to
address capacity and personal security
·
Include enhanced landscaping and urban
streetscape along the widened section of Steeles Avenue
·
Lower or open up sections of the retaining
wall to enhance streetscape and to improve appearance
·
Address possibility of pedestrian crossing at
rail line north of Steeles Avenue
·
Pursue a dedicated left hand turn access into
private property on the north side of Steeles Avenue
·
All residential properties backing on to the Environmental Assessment
project should have their backyard fences replaced at 100% of Metrolinx cost
·
Extend or relocate GO platform such that a portion of the platform is on
the north side of Steeles Avenue; and,
4) That the above design
improvements be implemented in the context of the significant land use and
economic development node emerging on the north and south sides of Steeles
Avenue at this location; and,"
(2) CITY
WIDE STREETSCAPE
BEAUTIFICATION (6.3)
Presentation Report
1) That
the presentation dated April 3, 2017 titled "Streetscape Beautification Program" be
received; and,
2) That the report dated April 3, 2017 titled “City Wide Streetscape
Beautification be received”; and,
3) That the current City
deployment of traditional elements in areas of identified opportunity in favor
of Citywide large self watering planters at high impact intersections be
revised; and,
4) That the deployment of
materials on historic main street areas to allow beautification within the
space limitations be continued; and,
5) That traditional
streetscape elements in 2 newly identified business districts be added; and,
6) That the current
deployment of barrels from private businesses be discontinued; and,
7) That surplus barrels
and baskets to Sustainability and Recreation for Community gardens and camps be
offered; and;
8) That the operating
costs be monitored in 2017 with any savings being redirected to gateway
beautification in 2018 aligning with future gateway master plan; and further,
9) That Staff be authorized and directed to do all things necessary to give
effect to this resolution.
Carried
(3) AWARD OF CONTRACT
260-R-16 2017 SANITARY
SEWER SYSTEM REHABILITATION
UPGRADE PROGRAM (5.5)
Report
1) That the report entitled “Award of Contract 260-R-16: 2017
Sanitary Sewer System Rehabilitation and Upgrade Program” be
received; and,
2) That Contract ‘A’ for Sanitary Sewer Spot Repairs,
Cured-In-Place-Pipe Lining & Manhole Repairs be awarded to the highest
ranked and lowest priced bidder Capital Sewer Services Inc., in the total
amount of $188,359.80 inclusive of HST; and,
3) That Contract ‘B’ for Sanitary Sewer Testing and
Grouting at Joints be awarded to the highest ranked and lowest priced bidder
D.M. Robichaud Associates Ltd., in the total amount of $314,334.60, inclusive
of HST; and,
4) That Contract ‘C’ for Sanitary Sewer Lateral Repairs
and Cured-In-Place-Pipe Lining be awarded to the highest ranked and lowest
priced bidder D.M. Robichaud Associates Ltd., in the total amount of
$360,026.88, inclusive of HST; and,
5) That a contingency in the amount of $25,881.64 (3%)
(($188,359.80 + $314,334.60 + $360,026.88) x 3%), inclusive of HST be established to cover any
additional 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,
6) That the 2017 award in the total amount of $888,602.92
($188,359.80 + $314,334.60 + $360,026.88 + $25,881.64) be funded from the
Waterworks capital project 17220 Sanitary Sewer System Upgrade Program (account
053-6150-17220-005) with a current budget available of $1,278,700.00; and,
7) That the budget remaining in the amount of $390,097.08
inclusive of HST be returned to the original funding source; and,
8) That the term of the three Contracts ‘A’, ‘B’ and ‘C’ be
approved for one year (2017), with an option to extend the contract for one
additional year (2018), at the same terms, conditions and pricing; and,
9) That the Director of the Environmental Services and the
Senior Manager of Purchasing and Accounts Payable be authorized to extend the
contract for one additional year (2018), subject to Council approval of the
2018 budget based on the same terms, conditions and pricing; and further,
10) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
(4) WEST
THORNHILL FLOOD CONTROL
IMPLEMENTATION - ADDITIONAL
WATERMAIN DEISGN WITHIN
PHASES 2C & 2D AREAS (5.4)
Report Attachment
A Attachment
B
1) That
the report entitled “West Thornhill Flood Control Implementation – Additional
Watermain design within Phase 2C & 2D Areas” be received; and,
2) That
the contract for the detailed design of watermain for the Phases 2C & 2D
area (Grandview) be awarded to R.V. Anderson Associates Ltd. In the amount of
$172,686.72 inclusive of disbursements and HST; and,
3) That
a 10% contingency in the amount of $17,268.67 inclusive of HST be established
to cover any additional costs and that the 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 watermain replacement design component in the amount of $189,955.39 inclusive of contingency and HST
($172,686.72 + $17,268.67) be funded from the “Waterworks Stabilization/
Capital Reserve” and a new Waterworks capital project be established for
‘Additional Watermain design within Phases 2C & 2D Areas”; and,
5) That
the procurement process be waived in accordance with Purchasing By-Law
2004-341, Part II, Section 7 Non Competitive Procurement, item 1 (c), which
states “When the extension of an existing contract would prove more
cost-effective and beneficial”; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(5) ELECTRIC
VEHICLE WORKPLACE
CHARGING PILOT (5.0)
Report
1) That
the report “Electric Vehicle Workplace Charing Pilot” be received; and,
2) That
the CAO be authorized to execute an agreement with Alectra Energy Solutions
Inc., for a two year electric vehicle workplace charging pilot at the Civic
Centre, in a form satisfactory to the CAO and the City Solicitor; and,
3) That
the CAO be authorized to execute an agreement with Alectra Energy Solutions
Inc., following the two year pilot, to purchase the pilot equipment for a
nominal fee and for electric vehicle workplace charging various services for
five years plus an option to renew for an additional five years, in a form
satisfactory to the CAO and the City Solicitor; and,
4) The
Council approve the locations of nine electric vehicle charging stations at the
Civic Centre as shown on Appendix A, configured as follows:
a.
Five dual head
Level 2 charges in the outdoor parking lot capable of supplying 10 vehicles
total, with access limited to program participants.
b.
One single head
Level 2 charger for public use with a fee of $1/hr, adjacent to the existing
Level 3 Fast Charger.
c.
Three dual head
Level 2 chargers in the parking garage capable of supplying 6 vehicles total,
with access limited to program participants; and,
5) That
Council endorse the preferred location shown in Appendix A of the ‘Solar
Carport’, if funded by Natural Resources Canada; and further,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(6) CONTRACT EXTENSION FOR
CAFETERIA
SERVICES AT THE MARKHAM
CIVIC CENTRE (7.12)
Report
1) That
the report entitled
“Contract Extension for Cafeteria Services at the Markham Civic Centre” be received; and,
2) That the tendering
process be waived in accordance with Purchasing By-Law 2004-341, Part II,
Section 7.1 (c) which states: when the extension of an existing contract would
prove more cost-effective or beneficial; and,
3) That
Contract for Cafeteria Services at the Markham Civic Centre be extended to
2267644 Ontario Inc. (formerly known as Unique Caterers) from January 1, 2017
to December 31, 2019 at a fixed annual rate of $31,125.00; and,
4) That
the fixed annual revenue in the amount of $31,125.00 be credited to the
account
# 890 890 8902 Cafeteria Revenue; and,
5) That
2267644 Ontario Inc. be responsible for payment of property taxes based on the
annual assessed value for provision of food services, estimated to be $2,000.00
in 2017; and,
6) That
2267644 Ontario Inc. provide an additional amount of $600.00 for one parking
space in the underground parking garage; and further,
7) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(7) CANCELLATION, REDUCTION
OR
REFUND OF TAXES UNDER
SECTION 357 & 358 OF THE
MUNICIPAL ACT, 2001 (7.1)
Report
1) That
the report for the “Cancellation, Reduction or Refund of Taxes Under Sections 357 and 358 of the Municipal
Act, 2001” be received; and,
2) That
taxes totalling approximately $4,607.55 be adjusted under sections 357 and 358
of the Municipal Act, 2001
of which the city’s portion is estimated to be $1,067.47; and,
4) That
the Treasurer be directed to adjust the Collector’s Roll accordingly; and
further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(8) EXEMPTION TO ANIMAL
CONTROL
BY-LAW NO. 2005-254 (2.8)
Report
Moved by Councillor
Colin Campbell
Seconded by Councillor
Amanda Collucci
Whereas the City of Markham's Animal
Care Committee's support for the proposed one time exemption to the Animal
Control By-law is conditional on the pygmy hedgehog being obtained from a
rescue if at all possible and not a breeder;
Now therefore be it resolved:
1) That the report entitled “Exemption to
Animal Control By-law No. 2005-254” be received; and,
2) That
Council approve an exemption to the Animal Control By-law No. 2005-254 to
permit Zita Au to possess a pygmy hedgehog; and,
3) That Council not waive the exemption
fee of $200.00; and,
4) That
Zita Au be advised of this resolution and thanked for following the established
exemption process; and further,
5) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried by a recorded vote (9:3)
(See following recorded vote)
(See following proposed amendment which was lost)
(See following to consider the matter)
Recorded
vote (9:3):
YEAS: Councillor
Don Hamilton, Councillor Karen Rea, Regional Councillor Nirmala Armstrong,
Regional Councillor Jim Jones, Mayor Frank Scarpitti, Regional Councillor Joe
Li, Councillor Colin Campbell, Councillor Amanda Collucci, Councillor Alex
Chiu. (9)
NAYS: Councillor
Valerie Burke, Councillor Alan Ho, Deputy Mayor Jack Heath. (3)
ABSENT: Councillor
Logan Kanapathi. (1)
Proposed
amendment which was lost:
Moved by Councillor Colin
Campbell
Seconded by Councillor Amanda Collucci
That
Council waive the exemption fee of $200.00.
Lost by a recorded tie vote (6:6)
(See following recorded vote)
YEAS: Regional
Councillor Nirmala Armstrong, Regional Councillor Jim Jones, Regional
Councillor Joe Li, Councillor Colin Campbell, Councillor Amanda Collucci,
Councillor Alex Chiu. (6)
NAYS: Councillor
Valerie Burke, Councillor Alan Ho, Councillor Don Hamilton, Councillor Karen
Rea, Mayor Frank Scarpitti, Deputy Mayor Jack Heath. (6)
ABSENT: Councillor
Logan Kanapathi. (1)
Moved by Councillor Colin Campbell
Seconded by Regional Councillor Nirmala Armstrong
Carried
7(C) REPORT NO. 15 - DEVELOPMENT SERVICES
COMMITTEE (April 10, 2017)
Moved by Regional
Councillor Jim Jones
Seconded by Councillor
Don Hamilton
(1) PRIVATE
MEMBERS BILL C-323
AN ACT TO AMEND THE INCOME TAX
ACT
(REHABILITATION OF HISTORIC
PROPERTY) (16.11, 7.0)
Report
1) That
the staff report entitled “Private Members Bill C-323 An Act to Amend the
Income Tax Act (rehabilitation of historic property), dated April 10, 2017, be
received; and,
2) Whereas
the City of Markham is a leader in the heritage conservation movement in Canada
and a strong advocate for programs and initiatives that will assist in the
protection and enhancement of its local cultural heritage resources; and,
Whereas a heritage tax credit incentive through the Income Tax Act to
encourage and assist in the rehabilitation of protected heritage buildings will
assist owners of these properties as well as benefit all Canadians, especially
as Canada celebrates its 150th anniversary as a country; and,
That Markham Council offers its support in requesting that Parliament
adopt Bill C-323 An Act to Amend the Income Tax Act (rehabilitation of historic
property); and,
3) That
this resolution be sent to the following individuals:
·
Hon. Catherine
McKenna, Minister of the Environment
·
Hon. William
Morneau, Minister of Finance
·
Bob Saroya,
Member of Parliament, Markham-Unionville
·
Hon. Jane
Philpott, Member of Parliament, Markham-Stouffville
·
Mary Ng, Member
of Parliament, Markham-Thornhill
·
Natalie Bull,
Executive Director, National Trust
·
Peter Kent,
Member of Parliament, Thornhill; and further,
4) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
(2) 2014
CITY OF MARKHAM OFFICIAL PLAN, PART 1
– PROPOSED FURTHER MODIFICATIONS
RECOMMENDED
FOR APPROVAL BY THE ONTARIO
MUNICIPAL BOARD (10.0)
Report
1) That
the report entitled “2014 City of Markham Official Plan, Part I – Proposed
Further Modifications Recommended for Approval by the Ontario Municipal Board”
dated April 10, 2017, be received; and,
2) That the proposed modifications to the 2014 City of Markham
Official Plan – Part 1, as outlined in Appendix ‘A’ of the report entitled “2014 City of Markham Official Plan, Part I – Proposed Further
Modifications Recommended for Approval by the Ontario Municipal Board” dated April 10, 2017, be endorsed, and forwarded to the Ontario Municipal
Board for approval; and further,
3) That
staff and legal counsel be authorized and directed to do all things necessary
to give effect to this resolution.
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) NOTICES
OF PROPOSED SALE
(EP VICTORIA SQUARE MANORS
LTD.)
PART OF LOT 27, CONCESSION 4,
DESIGNATED AS PARTS 2, 3, 4,
5, 6 AND 7
ON PLAN RS-1232 (10.5, 10.7)
Map
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Alan Ho
Notices
of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)
1) That the
notice of proposed sale for the City owned lands legally described as Part of Lot 27, Concession 4, designated as
Parts 2, 3, 4, 5, 6 and 7 on Plan RS-1232, City of Markham, Regional
Municipality of York, being lands originally set out for the Woodbine Avenue road widening,
be confirmed.
(Item No. 4, Report No. 13)
Carried
(2) HERITAGE
PERMIT APPLICATION
SHAKIBA DILMAGHANI AND MASSOOD
MASHDI
149 JOHN STREET, THORNHILL
DRIVEWAY ENTRANCE GATE (16.11)
Memo
Moved by
Regional Councillor Nirmala Armstrong
Seconded by
Regional Councillor Jim Jones
1) That the deputations by Helen Lepek of Lepek Consulting Inc.,
representing the applicant, and Barry Nelson, representing the Society for the
Preservation of Historic Thornhill (SPOHT), at the February 13, 2017
Development Services Committee meeting, regarding a Heritage Permit for 149
John Street, be received; and,
2) That
the staff memo dated February 13, 2017 regarding a Heritage Permit application
for a driveway entrance gate at 149 John Street, Thornhill, be received; and,
3) Whereas
Heritage Markham and Heritage Staff in their report of December 5, 2016
recommended that the heritage permit application to approve the driveway gate
at 149 John Street, Thornhill be denied; and
Whereas the Development Services Committee recommended on December 5,
2016 that the application be referred back to staff to work with the applicants
to explore an appropriate, less intrusive gate design, with appropriate
materials, to be brought back to the Development Services Committee for
consideration; and,
Whereas Heritage Staff suggested to the applicant a simple wooden gate
mounted on the original iron hinges of the existing masonry piers, based on the
physical evidence that there was once a historic driveway gate at 149 John
Street (Appendix ‘B’); and,
Whereas the applicant does not support the style of gate recommended by
Heritage Section Staff, but is willing to modify the existing metal driveway
gate, mounted on the newly installed posts (Appendix ‘C’); and,
Whereas if a metal driveway gate is supported by Council, then Option 2
shown in Appendix ‘C’ is the preferred approach; and,
Whereas 149
John Street is located in the east end of the Heritage District; and,
Whereas 149 John Street has a 37 metres setback from the road and a
substantial lot size;
Now therefore be it resolved:
4) That
the metal gate be permitted subject to the final design being approved by the
Commissioner of Development Services; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
CARRIED BY A RECORDED VOTE (8:4)
(See following recorded vote)
(See following proposed motion
which was lost)
(See following motion to
consider the matter)
(See following proposed recommendation
which was not considered)
Recorded vote (8:4):
YEAS Councillor
Alan Ho, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones,
Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell,
Councillor Amanda Collucci, Councillor Alex Chiu. (8)
NAYS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Deputy Mayor Jack
Heath. (4)
ABSENT: Councillor
Logan Kanapathi. (1)
Proposed motion which was lost:
Moved
by Councillor Valerie Burke
Seconded
by Deputy Mayor Jack Heath
1) That the deputations by Helen Lepek of Lepek Consulting Inc.,
representing the applicant, and Barry Nelson, representing the Society for the
Preservation of Historic Thornhill (SPOHT), at the February 13, 2017
Development Services Committee meeting, regarding a Heritage Permit for 149
John Street, be received; and,
2) That
the staff memo dated February 13, 2017 regarding a Heritage Permit application
for a driveway entrance gate at 149 John Street, Thornhill, be received; and,
3) Whereas
Heritage Markham and Heritage Staff in their report of December 5, 2016
recommended that the heritage permit application to approve the driveway gate
at 149 John Street, Thornhill be denied;
Now
therefore be it resolved:
4) That
the existing metal gate be removed within 30 days of the April 11, 2017 Council
meeting; and further,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Lost by a recorded vote (8:4)
(See following recorded vote)
NAYS Councillor
Alan Ho, Regional Councillor Nirmala Armstrong, Regional Councillor Jim Jones,
Mayor Frank Scarpitti, Regional Councillor Joe Li, Councillor Colin Campbell,
Councillor Amanda Collucci, Councillor Alex Chiu. (8)
YEAS: Councillor
Valerie Burke, Councillor Don Hamilton, Councillor Karen Rea, Deputy Mayor Jack
Heath. (4)
ABSENT: Councillor
Logan Kanapathi. (1)
Motion to consider the matter:
Moved
by Councillor Valerie Burke
Seconded
by Councillor Logan Kanapathi
That Council consider the matter regarding the Heritage Permit
Application for 149 John Street immediately following the deputations with
respect thereto.
Carried
Proposed recommendation which
was not considered:
Council consented to not consider the
following proposed recommendation from the February 13, 2017 Development
Services Committee:
1) That the deputations by Helen Lepek of Lepek Consulting Inc.,
representing the applicant, and Barry Nelson, representing the Society for the
Preservation of Historic Thornhill (SPOHT), at the February 13, 2017
Development Services Committee meeting, regarding a Heritage Permit for 149
John Street, be received; and,
2) That
the staff memo dated February 13, 2017 regarding a Heritage Permit application
for a driveway entrance gate at 149 John Street, Thornhill, be received; and,
3) Whereas
Heritage Markham and Heritage Staff in their report of December 5, 2016
recommended that the heritage permit application to approve the driveway gate
at 149 John Street, Thornhill be denied; and,
Whereas the Development Services Committee recommended on December 5,
2016 that the application be referred back to staff to work with the applicants
to explore an appropriate, less intrusive gate design, with appropriate
materials, to be brought back to the Development Services Committee for
consideration; and,
Whereas Heritage Staff suggested to the applicant a simple wooden gate
mounted on the original iron hinges of the existing masonry piers, based on the
physical evidence that there was once a historic driveway gate at 149 John
Street (Appendix ‘B’); and,
Whereas the applicant does not support the style of gate recommended by
Heritage Section Staff, but is willing to modify the existing metal driveway
gate, mounted on the newly installed posts (Appendix ‘C’); and,
Whereas if a metal driveway gate is supported by Council, then Option 2
shown in Appendix ‘C’ is the preferred approach; and,
Now therefore be it resolved:
4) That
the metal gate illustrated in Option 2 in Appendix ‘C’ as proposed by the
applicant is supported; and,
5) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Note: This matter was considered by Development Services Committee on
February 13, 2017 and the proposed recommendation was lost by a tie vote. On March 1, 2017, Council postponed the
matter to the April 11, 2017 Council meeting.
(3) CONTROLLING
GROUND FLOOR OFFICE USES
IN MARKHAM VILLAGE –
COMMERCIAL CORE AREA (10.5, 16.11)
Report
This item was
postponed from the March 21, 2017 Council meeting to allow for the Markham
Village Business Improvement Area Board of Management to present the matter to
their April 5, 2017 Annual General Meeting.
Moved by Councillor
Karen Rea
Seconded by Councillor
Colin Campbell
That the
following recommendation from the February 27, 2017 Development Services
Committee meeting be postponed to the September 11, 2017 Development Services
Committee meeting:
"1) That
the staff report entitled “Controlling Ground Floor Office Uses in Markham
Village – Commercial Core Area”, dated February 27, 2017, be received; and,
2) That
Council endorse the following Option (3):
That staff and consultants be directed to examine the issue of ground
floor office space in the traditional commercial core area of Markham Village
as part of the new Markham Village Heritage Centre Secondary Plan and any
zoning changes be considered as part of the Comprehensive Zoning By-law
Project; and further,
3) That
Staff be authorized to implement the direction to be provided by Council
regarding the options outlined in this report."
Carried
11. ANNOUNCEMENTS
There were no
announcements.
12. BY-LAWS
Moved by Councillor
Alex Chiu
Seconded by Councillor
Alan Ho
That By-laws 2017-17
to 2017-21 be given three readings and enacted.
Three Readings
BY-LAW 2017-17 A BY-LAW TO STOP UP AND CLOSE THE LANDS DESCRIBED AS PART OF LOT 27,
CONCESSION 4, DESIGNATED AS PARTS 2, 3, 4, 5, 6 AND 7 ON PLAN RS-1232
(Item No. 4, Report No. 13)
By-law
Carried
BY-LAW 2017-18 A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF
THE CITY OF MARKHAM (LICHFIELD ROAD)
Part of Lot 11, Concession 5, designated as Block 13, 65M-3019, Part
of Lot 11, Concession 5, designated as Block CX, Plan M-1475 and Part of Lot
11, Concession 5, designated as Part 8, Plan 65M-28640 - Lichfield Road
By-law
Carried
BY-LAW 2017-19 A BY-LAW TO AMEND BYLAW 32-95, BEING A BYLAW TO ESTABLISH AND MAINTAIN A
SYSTEM FOR THE COLLECTION AND DISPOSAL OF REFUSE IN THE CITY OF MARKHAM (REFUSE
BY-LAW)
By-law
Carried
BY-LAW 2017-20 A BY-LAW TO AUTHORIZE THE USE OF INTERNET VOTING AS AN
ALTERNATIVE VOTING METHOD IN THE CITY OF MARKHAM (2018 MUNICIPAL ELECTION)
By-law
Carried
BY-LAW 2017-21 A BY-LAW TO AUTHORIZE THE USE OF OPTICAL SCANNING VOTE
TABULATORS AND VOTE RECORDERS AS AN ALTERNATIVE VOTING METHOD IN THE CITY OF
MARKHAM (2018 MUNICIPAL ELECTION)
By-law
Carried
13. CONFIDENTIAL ITEMS
Moved by Councillor
Alex Chiu
Seconded by Deputy
Mayor Jack Heath
That, in
accordance with Section 239 (2) of the Municipal Act,
Council resolve into a private session to discuss the following confidential matters
(9:37 PM):
(1) MINUTES OF CONFIDENTIAL COUNCIL MEETING
- MARCH 21, 2017 (16.0)
[Section 239 (2) (e) (f)]
Development
Services Committee - March 20, 2017
(2) A
PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR
LOCAL BOARD - (WARD 4) (8.6)
Section 239 (2) (c)]
General
Committee - April 3, 2017
(3) PERSONAL
MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL,
INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES
(APPOINTMENTS TO BOARDS/COMMITTEE) (16.24)
[Section 239 (2) (b)]
(4) THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD
(LEASE AGREEMENT) (13.7, 8.0)
[Section 239 (2) (a)]
Council
- April 11, 2017
(5) LITIGATION
OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS,
AFFECTING THE MUNICIPALITY OR LOCAL BOARD - 6 ERLANE AVENUE (WARD 4) (8.0)
[Section 239 (2) (e)]
Moved by Councillor
Don Hamilton
Seconded by Regional
Councillor Nirmala Armstrong
That Council
rise from the private session (9:45 PM).
Carried
The confidential
items were approved by Council as follows:
(1) MINUTES
OF CONFIDENTIAL COUNCIL MEETING
- MARCH 21, 2017 (16.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the Council
Confidential Minutes dated March 21, 2017 be confirmed.
Carried
(2) A PROPOSED OR PENDING
ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 4)
(8.6)
Moved by Deputy
Mayor Jack Heath
Seconded by Councillor
Karen Rea
1) That the confidential report regarding a
proposed or pending acquisition or disposition of land by the municipality or
local board in Ward 4 be received; and,
2) That staff be
authorized to proceed as directed by Council on April 11, 2017.
Carried
(3) APPOINTMENTS
TO BOARDS/COMMITTEES (16.24)
Moved by Regional
Councillor Joe Li
Seconded by Regional
Councillor Nirmala Armstrong
1) That
the following person be appointed to the Main Street Markham Committee:
Name Term
John
Himanen November
30, 2020; and,
2) That
the following person be appointed to the Environmental Advisory Committee:
Name Term
Aamir
Sadiq November
30, 2020; and,
3) That
the following person be appointed to the Doors Open Markham Committee:
Name Term
Michael
Cheng November
30, 2020; and,
4) That
the following person be appointed to the Senior’s Hall of Fame Committee:
Name Term
Liu
Li November
30, 2020; and further,
5) That
the following person be appointed to the Public Realm Advisory Committee:
Name Term
Alick
Siu November
30, 2020.
Carried
(4) THE SECURITY OF THE PROPERTY OF THE
MUNICIPALITY OR LOCAL BOARD (LEASE AGREEMENT) (13.7, 8.0)
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
1) That the confidential report regarding the security of the property of the
municipality or local board (lease agreement) be
received; and,
2) That staff be
authorized to proceed as directed by Council on April 11, 2017.
Carried
(5) MINOR
VARIANCE APPLICATION APPEAL
PETER WEST
6 ERLANE AVENUE
A/115/16 (8.0)
Moved by Councillor
Karen Rea
Seconded by Regional
Councillor Jim Jones
1) That the confidential report titled
“Minor Variance Application Appeal, Peter West, 6 Erlane Avenue, A/115/16” 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 approve the minor variances related
to building height, building depth, floor area ratio and garage projection,
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 dated November 24, 2016 (see
Appendix A), to the satisfaction of the Director
of Planning and Urban Design or designate;
c) That
a siting/grading plan of the property shall be submitted to the City for review
and approval, and that the Secretary-Treasurer
receives written confirmation that this condition has been fulfilled to the
satisfaction of the Director of Engineering or designate;
d) That
through the City’s review and approval of the siting/grading plan, the owner
demonstrates that:
i) the
existing drainage pattern within the property will not be altered in such a way
as to cause any adverse impact on the existing drainage from the site to
abutting properties; and
ii) there
is no negative impact to any abutting property respecting surface water
drainage;
and that the
Secretary-Treasurer receives written confirmation that this condition has been
fulfilled to
the satisfaction of the Director of Engineering or designate;
e) 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, reviewed and
approved by the City, 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, and that any
detailed siting/grading
plan required as a condition of approval reflects the Tree Assessment
and Preservation Plan;
f) That prior to the
commencement of construction or demolition, tree protection be erected around
all trees on site, including street trees, to the satisfaction of the Director
of Planning and Urban Design or their designate, in accordance with the City’s
Streetscape Manual (2009) as amended, be inspected by City Staff, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
designate;
g) That arrangements for
tree replacement or other plantings be made, if required, in accordance with
the Tree Assessment and Preservation Plan, and that the
Secretary-Treasurer receive written confirmation that this condition has been
fulfilled to the satisfaction of the Director of Planning and Urban Design or
designate;
h) That arrangements for
tree replacement be made and/or cash-in-lieu be paid to the City for trees that
were removed without a permit from the front yard of the subject property as
shown in Figure 4 (see attached), and that the Secretary-Treasurer receive
written confirmation that this condition has been fulfilled to the satisfaction
of the Director of Planning and Urban Design or designate; and further,
3) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
14. CONFIRMATORY BY-LAW
Moved by Councillor
Alex Chiu
Seconded by Councillor
Karen Rea
That By-law 2017-22
be given three readings and enacted.
Three Readings
BY-LAW 2017-22 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL
11, 2017.
By-law
Carried
15. ADJOURNMENT
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 9:48 PM.
Carried
__________________________________ ________________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)