Council
Minutes
December
15, 2015, 7:00 PM
Council
Chamber, Anthony Roman Markham Civic Centre
Alternate
formats for this document are available upon request
Roll
Call
Mayor Frank
Scarpitti, 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.
Regrets
Deputy Mayor Jack Heath
Staff
Andy Taylor, Chief
Administrative Officer
Catherine Conrad, City
Solicitor
Jim Baird, Commissioner of
Development Services
Trinela Cane, Commissioner
of Corporate Services
Brenda Librecz, Commissioner
of Community and Fire Services
Joel Lustig, Treasurer
Dennis Flaherty, Director of
Communications and Community Relations
John Wong, Technology
Support Specialist
Raj Raman,
Mayor's Chief of Staff
Kimberley
Kitteringham, City Clerk
Martha Pettit,
Deputy City Clerk
Andrea Tang,
Manager of Financial Planning
Catherine
Biss, Chief Executive Officer
Bill Snowball,
Fire Chief
Barbara
Rabicki, Director of Operations
Nancy Myles,
Senior Health & Safety Specialist
The regular
meeting of Council convened at 7:12 PM on December 15, 2015 in the Council
Chamber. Mayor Frank Scarpitti presided.
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
1) That the Minutes of the Council Meeting held on November 24, 2015, be adopted.
Carried
Barbara Rabicki, Director of Operations and Catherine Conrad, City Solicitor and Acting Director of Human Resources, provided a PowerPoint presentation titled "Winter Maintenance Toogood Pond". They provided background information on Toogood Pond and summarized the concerns regarding health and safety, liability and climate change impacts related to the maintenance of the pond.
(See Item No. 4, Report No. 55 for Council's decision on this matter)
Andrea Tang,
Manager of Financial Planning, provided a PowerPoint presentation outlining the
highlights of the proposed 2016 Budget.
Councillor
Logan Kanapathi, Chair of Budget Committee, thanked Members of Council for
their support and staff involved in the budget process for their hard work.
Members of
Council thanked Councillor Logan Kanapathi, Chair of Budget Committee, and staff
for their outstanding teamwork.
Mayor Frank Scarpitti, on behalf of Council, thanked Councillor Logan Kanapathi, Chair of Budget Committee, for his leadership throughout the 2016 budget process. He also thanked Members of Council for their continued support and staff for their efforts.
Moved by Councillor Colin Campbell
Seconded by Councillor Don Hamilton
That the following delegations, in opposition to the proposed recommendation regarding the item titled "Toogood Pond Outdoor Winter Maintenance", be received:
1.
Abby Thom.
2. Reid McAlpine
3. Giovanni Abbruzzo
4. Gabe Abbruzzo
5. Juliette Lisi
6. Zackary Gratta
7. Tristen Gutierrez
8. Alison Budgell
9. Holly Budgell
10. Yasmine Mohajer
11. Jordan Mohajer
12. Mia Ergir
13. Rhys Malisch
14. Olivia Voulgaris
15. Ehsha Vig
16. Jaden Kwan
17. Max Terp
18.
Victoria Jones
(submitted a petition)
19.
David Walsh
20.
Christine
Bergauer-Free
21.
Mavis Smylie
(See Item No. 4, Report No. 55 for Council's decision on this matter)
Carried
There were no petitions.
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
That Report No. 53 – Development Services Committee comprised of 3 items b received and adopted.
1) That as recommended by Heritage Markham, the William Mergen House at 10855 Kennedy Road be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and,
2) That the
Clerk’s Department be authorized to publish and serve Council’s Notice of
Intention to Designate as per the requirements of the Ontario Heritage Act;
and,
3) That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and,
4) That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further,
5) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Carried
1) That the staff report entitled “Request for Demolition –Detached Accessory Building, 329 Main Street North”, dated November 30, 2015 be received; and,
2) That Council endorse the demolition of the detached accessory building at 329 Main Street North located within the Markham Village Heritage Conservation District, subject to the support of Heritage Markham and the applicant advertising the building for relocation or salvage in the local newspapers for two weeks; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution;
Carried
1) That the staff report entitled “Request for Demolition – Single Detached Dwelling, 41 Deanbank Drive, Thornhill ”, dated November 30, 2015 be received; and,
2) That Council endorse the demolition of the non heritage dwelling at 41 Deanbank Drive located within the Thornhill Village Heritage Conservation District; and further,
3) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Carried
Moved by Regional Councillor Jim Jones
Seconded by Councillor Don Hamilton
That Report No. 54 – Development Services Public Meeting comprised of
one item be received and adopted.
1) That
the Record of the Public Meeting held on December 1, 2015, with respect to the
proposed amendments to the Development and Building Fee By-laws be received;
and,
2) That the amendment to the “Tariff of Fees for Processing Planning Applications,” By-law 211-83, substantially in the form attached as Attachment "B", be enacted; and,
3) That By-law 2015-4 be repealed and the attached “By-law respecting Construction, Demolition and Change of Use Permits and Inspections,” attached as Attachment “C”, be enacted; and further,
4) That the By-laws come into force and take effect on January 1, 2016.
(By-laws 2015-165 and 2015-166)
Carried
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
That Report No. 55 – General Committee comprised of 4 items be received and adopted, except Item No. 4. (See following Item No. 4)
1) That the minutes of the December 1, 2015 Environmental
Issues Committee meeting be received for information purposes; and,
2) That the report entitled “Markham Environmental
Sustainability Fund (MESF) Funding Applications, Fall 2015”, be received; and,
3) That the following recommendations be endorsed:
i) That the Fall 2015 MESF funding
applications be approved: Pierre Elliot Trudeau High School "Trudeau
Terrace" initiative request for $5,000, and,
ii) That the funds be provided from the
2015 Markham Environmental Sustainability Fund (MESF), account #87 2800168; and,
4) That the Deputy Mayor Jack Heath be appointed to the
National Zero Waste Council; and further,
5) That staff be authorized to do all things necessary to give
effect to the above recommendations.
Carried
1) That the report entitled “Award of 267-S-15
Joint Portal Infrastructure Hardware Refresh and Data Migration” be received;
and,
2) Whereas the Regional Municipality of York awarded the
contract to Compugen Inc. for Joint Portal Infrastructure Hardware Refresh in
the amount of $937,048.00 inclusive of HST; and,
3) That the contract for the Joint Portal Infrastructure
Hardware Refresh and Data Migration be shared equally (50/50) between the
Regional Municipality of York and the City of Markham on 50% cost sharing
basis; and,
4) That Markham’s share of the contract for Joint Portal
Infrastructure Hardware Refresh in the amount of $363,690.00 inclusive of HST
be funded from the Portal hardware project (account #049-6150-15615-005); and,
5) That Markham’s share of the contract for Joint Portal Data
Migration in the amount of $104,834.00 inclusive of HST be funded from the
Portal project (account #049-5350-8659-005); and,
6) That a purchase order in the amount of $468,524.00
($363,690.00 + $104,834.00) be issued to Regional Municipality of York to cover
the City’s 50% contribution of the Joint Portal Infrastructure Refresh and Data
Migration Initiative; and,
7) That the remaining balance of $35,925.71 in the Portal
hardware project (account #049-6150-15615-005) be returned to the original
funding source; and,
8) That the remaining balance of $650,449.52 in the Portal
project (account #049-5350-8659-005) be used to address the remaining scope of
Phase 4 of the Portal project; and,
9) That this report be taken to the December 15, 2015 Council
meeting; and further,
10) That Staff be authorized and directed to do all things
necessary to give effect to this resolution.
Carried
Report Appendix
A Appendix
B Appendix
C
1) That
the report on the “2015 Area-Specific Development Charges Background Study
Update for Areas 9, 42B-6 & 42B-8” be received; and,
2) That no further public meeting is
required under Section 12 of the Development Charges Act 1997; and,
3) That the summary response to the questions raised at the
public meeting be received for information; and,
4) That Council approve the Development
Charge Background Study and associated by-laws prepared by Hemson Consulting
Ltd. dated October 27, 2015; and,
5) That it is Council’s intent to
ensure that the increase in the demand for services due to new development will
be met; and,
6) That Council approve the enactment
of the Area Specific development charges by-laws for Area 9, 42B-6 and 42B-8
effective on December 16th 2015; and,
7) That these recommendations including the implementing by-laws be forwarded to the December 15, 2015 Council meeting for adoption; and further,
8) That
staff be directed to do all things necessary to give effect to this report.
(By-laws 2015-167 to 2015-169)
Carried
Moved by
Councillor Colin Campbell
Seconded by Councillor Don Hamilton
Whereas skating on outdoor Ponds in the City of Markham has been a
very enjoyable experience for residents since the time of Pioneers who, for
example, skated on Toogood Pond in Unionville; and,
Whereas liability and safety
concerns have resulted in the withdrawal of City of Markham resources for
clearing and monitoring Toogood Pond and other ponds; and,
Whereas local residents still desire
to skate on Toogood Pond; and,
Whereas professional ice engineering services are available in Quebec
at substantial cost for testing ice safety and stability; and,
Whereas Markham Fire and Emergency Services has the expertise to
train staff on ice safety and rescue;
Now therefore be it resolved:
1) That
the deputations provided at the December 15, 2015 Markham Council meeting be
received; and,
2) That
the staff presentation provided at the December 15, 2015 Markham Council
meeting entitled “Winter Maintenance Toogood Pond” be received; and,
3) That the staff report dated December 7,
2015 entitled “Toogood Pond Winter Maintenance Report” be received; and,
4) That City of Markham staff be directed
to continue the City’s current practice of not providing maintenance or ice
monitoring of Toogood Pond and to erect proper signage with respect to the
dangers of skating on Toogood Pond; and,
5) That
City of Markham staff liaise with other York Region and GTA communities with
outdoor pond skating to gauge interest in jointly hiring an ice engineering
firm to provide options for ice condition assessment; and,
6) That
City of Markham staff report back on the feasibility of Fire and Emergency
Services developing an ice safety and ice rescue program for City staff
involved in checking ice condition; and,
7) That
a Working Group be established with appropriate Terms of Reference to review
options; and,
8) That
staff report back to General Committee within the first quarter of 2016; and
further,
9) That staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
(See following to consider the matter)
Moved by Councillor Don Hamilton
Seconded by Councillor Colin Campbell
That Council
consider the item titled “Winter Maintenance Toogood Pond” immediately
following the delegations with respect thereto.
(See
Delegation Item No. 1)
Carried
Council consented to not consider the following proposed recommendation from the December 7, 2015 General Committee meeting:
"1) That
the staff report dated December 7, 2015 entitled “Toogood Pond Winter
Maintenance Report” be received; and,
2) That staff recommend due to health
and safety, liability and climate change impacts that Council
i. Approve option C and not permit skating on
Toogood Pond:
ii. Authorize staff to provide a volunteer
natural ice rink beside Toogood Pond; and
iii. Direct staff not to monitor ice or clear ice
on Toogood Pond by the City workers or its contractors; and further,
3) That staff be authorized and directed
to do all things necessary to give effect to this resolution."
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
That Report No. 56 – General Committee comprised of 4 items be received and adopted, except Item No. 1. (See following Item No. 1)
Moved by Councillor Colin Campbell
Seconded by Councillor Alan Ho
1) That the report
“TO2015 Pan Am/Parapan Am Games – Summary Report” be received; and,
2) That
Sponsors and Funding Partners for Markham Pan Am/Parapan Community Activation
be acknowledged and thanked for enabling the Markham Host Advisory Committee,
related subcommittees, and the City of Markham to complete the Markham
Community Activation Plan; and,
3) That
Markham Pan Am Host Advisory Committee, Subcommittee Members, Markham Pan Am
Volunteers, the Regional Municipality of York, York Regional Police, and other
community partners be acknowledged and thanked for contributing to the success
of the Markham Pan Am Community Activation Plan; and,
4) That
Staff be recognized for program and service excellence in the City of Markham’s
role in the TO2015 Pan Am/Parapan Am Games; and,
5) That
Council appoint Mayor and up to two Council representatives to the Markham
Sport Hall of Fame Board of Directors; and,
6) That
Staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
Council consented to defer the appointment of two Council
representatives to the Markham Sport Hall of Fame Board of Directors until
January 2016.
Presentation Report Appendix
A
Appendix
B Appendix
C
1) That the presentation by Ms. Meg West, Manager, Strategic Initiatives and. Mr. Asare Kester-Akrofi, Executive Coordinator entitled “Building Markham’s Future Together 2015 – 2019 Strategic Plan”, be received; and,
2) That
the report entitled, “Building Markham’s Future Together 2015 – 2019 Strategic
Plan”, be received; and,
3) That the Building Markham’s Future Together 2015 – 2019 Strategic
Plan, attached as Appendix A, be endorsed for adoption by the City; and
further,
4) That Staff be authorized and directed to do all things necessary to
give effect to this resolution.
Carried
1) That
the report entitled “Stormwater Management Facilities Retrofit Study Class
Environmental Assessment” be received; and,
2) That
Asset Management staff be authorized to file the Notice of Completion for the
Environmental Study Report with the Ministry of the Environment and Climate
Change (MOECC) and post it for the 30 day public review; and,
3) That
Council endorse the recommended stormwater management facilities retrofit
implementation plan to retrofit existing and construct new stormwater
management facilities as detailed in the Environmental Study Report; and
further,
4) That
staff be authorized and directed to do all things necessary to give effect to
this resolution.
Carried
1) That the report titled, “Celebrate
Markham Grant Program – Q1 2016 Funding Approvals” be received; and,
2) That Council approve the
recommendations of the Interdepartmental Staff Review Committee to fund eight
(8) Celebrate Markham applicants, totalling $21,500 as identified in Attachment
1; and,
3) That the following Celebrate
Markham grants be approved for the Cultural Events and Programs Category (as
per Appendix 1):
i) Unionville Theatre Company be awarded $5,000 for a theatre production (5 shows);
ii) Moksha Canada Foundation be awarded $2,000 for Moksha Fest;
iii) Centre for Tamil Heritage & Culture be awarded $4,000 for Markham Thai Pongal Vizha Cultural Celebration;
iv) Markham African Caribbean Canadian Association be awarded $3,000 for Black History Month volunteer recognition; and,
4) That the following Celebrate Markham
grants be approved for the Major Community Festivals Category (as per Appendix
2):
i) Federation of Chinese Canadians of Markham be awarded $2,500 for their 2016 Lunar New Year celebration; and,
5) That the following Celebrate Markham grants be approved for the Seniors’ Clubs Category (as per Appendix 3):
i) AMICI Association be awarded $1,000 for 2016 for seniors’ activities;
ii) Milliken on the Move Older Adults’ Club be awarded $3,000 for seniors activities;
iii) Dorcas Senior Interest Club be awarded $1,000 for seniors’ activities.
6) That subject to approval by Council, this report showing recommended applications be posted on the Celebrate Markham website for applicants and the public’s information, along with Council’s resolution; and,
7) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
Moved by Councillor Colin Campbell
Seconded by Councillor Logan Kanapathi
That Report No. 57 – General Committee comprised of 2 items be received and adopted, except Item No. 2. (See following Item No. 2)
1) That the
report entitled “Feedback from Public Meeting and 2016 Water/Wastewater Rate
Increase” be received; and,
2) That the 2016 City of
Markham’s (“City”) water/wastewater rate increase be equivalent to the Region
of York’s (“Region”) monetary increase of $0.1960 per cubic metre (m3)
based on Region’s approved increase of 9%; and,
3) That in addition to the
Region’s increase, the 2016 water/wastewater rate increase includes a surcharge
of $0.0637/m3; and,
4) That effective April 1,
2016, the water/wastewater
rate will be $3.5751/m3,
an increase of $0.2597/m3, equivalent to a 7.8% increase compared to
prior year; and,
5) That this report be
brought forward to Council on Tuesday, December 15, 2015 for approval; and further,
6) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-law 2015-174)
Carried
Moved by
Councillor Logan Kanapathi
Seconded by Councillor Amanda Collucci
1) That the report dated December 15, 2015 entitled, “2016 Operating and Capital Budgets” be received; and,
2) That Council approve a 2.28% property tax rate increase to the City’s tax levy to support the City’s day-to-day operations; and,
3) That Council approve an additional 0.16% property tax rate increase to fund the response and recovery costs associated with the December 2013 ice storm (Year 3 of 3); and,
4) That Council approve the 2016 Primary Operating Budget for City services of $193,198,038 and Library of $13,339,317 to a total of $206,537,355 (excluding the 2015 surplus/deficit) which includes a 2.44% property tax rate increase over 2015 ($199,295,751), of which the principal components are detailed in Appendices 1 and 2; and,
5) That
the gross operating expenditures of $206,537,355, (excluding the 2015 surplus/deficit),
be funded from the following sources:
2016
Budget $
Taxation Levies 142,693,652
Payments-in-lieu of Taxes 1,209,007
Grant & Subsidy Revenues 1,596,143
General Revenues
(Investment Income, Fines,
Permits, Interest & Penalties) 30,333,921
User Fees & Service
Charges, Rentals and Sales 25,385,344
Other Income / Recoveries 5,319,288
Total Revenues 206,537,355; and,
6) That Council approve the remaining 2016 Capital Budget of $106,060,400 for a total of $122,895,400 of which the projects are detailed in Appendix 3; and,
7) That Council approve the 2016 Planning & Design Operating Budget totalling $8,194,104, (excluding the 2015 surplus/deficit), the principal components of which are detailed in Appendix 4; and,
8) That Council approve the 2016 Engineering Operating Budget totalling $6,968,616, (excluding the 2015 surplus/deficit), the principal components of which are detailed in Appendix 5; and,
9) That Council approve the 2016 Building Standards Operating Budget totalling $8,640,992, (excluding the 2015 surplus/deficit), the principal components of which are detailed in Appendix 6; and,
10) That Council approve the 2016 Waterworks Operating Budget totalling $115,294,759 (excluding the 2015 adjustment), the principal components of which are detailed in Appendix 7; and,
11) That upon finalization of the 2015 audited financial statements, the 2016 Operating, Planning & Design, Engineering, Building Standards, and Waterworks Operating Budgets be adjusted to reflect the 2015 operating results; and,
12) That a copy of the Budgets be made available to the public through the Clerk’s Department, the City website and each of the Markham Public Libraries; and,
13) That the “Additional Financial Disclosure Requirements Pursuant to Ontario Regulation 284/09” be received for information purposes; and,
14) That this report be brought forward to Council on Tuesday, December 15, 2015 for approval; and further,
15) That Staff be authorized and directed to do all things necessary to give effect to this resolution.
Carried by a unanimous recorded vote (12:0)
(See following recorded vote)
(See following to consider the
matter)
YEAS: Councillor Valerie Burke, Councillor Alan Ho, 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 Logan Kanapathi, Councillor Alex Chiu. (12)
NAYS: 0
ABSENT: Deputy Mayor Jack Heath. (1)
Moved by Councillor Logan Kanapathi
Seconded by Councillor Amanda Collucci
That Council consider the item titled "2016 Operating and Capital Budgets" immediately following the consideration of the Toogood Pond winter maintenance matter.
Carried
Moved by Councillor Logan Kanapathi
Seconded by Regional Councillor Joe Li
Whereas the heaviest rainfall
recorded in a century has wreaked havoc in Chennai, Tamil Nadu, India; and
Whereas the massive flooding has resulted in
a significant loss of life and has had a devastating impact; and
Whereas a large number of Markham and GTA
residents have family, friends or colleagues in Chennai, Tamil Nadu, India;
Now therefore be it resolved:
1) That the City of Markham offer its deepest condolences to
the citizens of Chennai, Tamil Nadu, India.
Carried
(See following to consider the matter)
Moved by Councillor Logan Kanapathi
Seconded by Regional Councillor Joe Li
That Council suspend the rules of procedure to introduce a matter for
consideration titled "Rainfall Wreaked Havoc in Chennai, Tamil Nadu,
India".
Carried
Carried by a 2/3 vote of Members
present)
There were no notices of motions.
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
That Council
receive and consent to the disposition of communications in the following
manner:
Providing comments with respect to the proposed amendments to the Development Fee and Building Fee By-law.
(Item No. 1, Report No. 54 - December 15, 2015 Council Meeting)
Carried
Letter dated December 10, 2015 from Alick Siu, President, Unionville Ratepayers Association, Peter Wales, President, Unionville Villagers Association and Elisabeth Mensher, Chair, Unionville Business Improvement Area, providing comments.
(Item No. 4, Report No. 55)
Carried
Forwarding a request for the City of Markham to complete the Municipal
Information Form.
(Change of ownership and application of a liquor licence for indoor areas
licenced previously).
Carried
There were no proclamations.
Council briefly discussed instances of illegal signs and graffiti that are occurring on Canada Post Super Mailboxes in the City of Markham. Staff advised they will look into options available to discourage these activities.
Moved by Councillor Alex Chiu
Seconded by Councillor Amanda Collucci
That By-laws
2015-160 to 2015-169 and 2015-171 to 2015-174 be given three readings and
enacted.
A by-law to designate part of a certain plan of subdivision not
subject to Part Lot Control, Lots 1 to 6 inclusive and Blocks 32 to 35 inclusive, Registered Plan
65M-4468.
A by-law to dedicate certain lands as part of
the highways of the City of Markham (Blocks 33 and 34, Plan 65M-3988 and Block
78, Plan 65M-4001).
A by-law to dedicate certain lands as part of the highways of the City of Markham (Part of Lot 12, Concession 9, designated as Parts 6 and 7, Plan 65R-34812).
A by-law to appoint a Chief Building Official and Building Inspectors pursuant to the Building Code Act, 1992,S.O. 1992, c. 23, as amended (Repeals By-law 2010-75).
(Item No. 1, Report No. 54 - December 15, 2015 Council Meeting)
(Item No. 1, Report No. 54 - December 15, 2015 Council Meeting)
(Item No. 3, Report No. 55 - December 15,
2015 Council Meeting)
(Item No. 3, Report No. 55 - December 15, 2015 Council Meeting)
(Item No. 3, Report No. 55 - December 15, 2015 Council Meeting)
A by-law to amend By-law 177-96, as amended, to facilitate construction of thirteen townhouse dwellings and two single-detached dwellings.
A by-law to dedicate certain lands as part of the highways of the City of Markham, Block 61, Plan 65M-4060, designated as Part 3, Plan 65R-36039 (Birchmount Road) and Part of the West Half of Lot 8, Concession 5, designated as Parts 4 and 5, 65R-36039 (Enterprise Boulevard).
A by-law to amend By-law No. 2002-276, being a by-law to impose fees
or charges for services or activities provided or done by the City of Markham.
(Item No. 1, Report No. 57 – December 15, 2015 Council meeting)
Council consented to not resolve into an in-camera session to consider the following items:
(1) MINUTES
OF IN-CAMERA COUNCIL MEETING
- NOVEMBER 24, 2015 (16.0)
[Section 239 (2) (a) (b) (c) (d) (e) (f) (g)]
Development Services Committee – November 30,
2015
[Section 239 (2) (e)]
[Section 239 (2) (e)]
General Committee – December 8, 2015
[Section 239 (2) (c)]
Council consented to approve the following in-camera items in open session as follows:
Moved by Regional Councillor Joe Li
Seconded by Councillor Colin Campbell
1) That the Council In-camera Minutes dated November 24, 2015 be confirmed.
Carried
Moved by Councillor Alan Ho
Seconded by Regional Councillor Jim Jones
1) That the confidential report titled “Consent and Minor Variance Application Appeal, Syed and Nabila Warsi, 3 Treeline Court, Files B/10/15 and A/119/15” be received; and,
2) That Council direct Staff not to attend the Ontario Municipal Board (“OMB”) hearing regarding the decision of the Committee of Adjustment to approve the requested consent and minor variance applications, provided that the applicant requests the OMB to impose the following conditions:
B/10/15
a) Payment
of all outstanding realty taxes and local improvements charges owing to date
against both the severed and retained parcels;
b) Submission to the Secretary-Treasurer of the
required transfer, in duplicate, conveying the subject lands, and issuance by
the Secretary Treasurer of the certificate required under subsection 53(42) of
the Planning Act;
c) Submission
to the Secretary-Treasurer of seven white prints of a deposited reference plan
showing the subject land, which conforms substantially to the application, as
submitted;
d) Payment
of the required Conveyance Fee for the creation of a residential lot in
accordance with the City of Markham Fee By-law 211-83, as amended;
e) Submission
of an Appraisal Report prepared by a member of the Appraisal Institute of
Canada respecting the proposed residential lot; and subject to review and
approval of this report, payment of cash-in-lieu of Parkland Dedication in
accordance with By-law 195-90, as amended, 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.
f) Submission
of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in
accordance with the City’s Streetscape Manual (2009), as amended, to be
reviewed and approved by the City, 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) Subject
to the review and approval of the Tree Assessment and Preservation Plan, tree
protection fencing be erected and inspected in accordance with the City’s
Streetscape Manual (2009), as amended, 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) Subject
to the review and approval of the Tree Assessment and Preservation Plan, tree
replacements be provided and/or tree replacement fees be paid to the City if
required, 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;
i) The
Owner shall enter into a Development Agreement with the City to the
satisfaction of the Director of Planning and Urban Design, the City Solicitor,
and the Director of Engineering, or their designates, which Development
Agreement shall be registered on title to the Lands in priority to all mortgages, charges, liens
and other encumbrances, and the Owner shall procure and cause to be executed
and registered at its own cost and expense such discharges, postponements, and
subordination agreements as may be required by the City in order to provide for
the priority of registration for the Development Agreement on title to the Lands.
The Development Agreement shall specifically provide for matters including but
not limited to:
1) payment and installation of separate service connections
(sanitary, storm and water) for Part 2 as shown on Figure 1 attached to the
Staff Committee of Adjustment Report (Figure 3 of this Report), in accordance
with the Ontario Building Code requirements, to the satisfaction of the
Director of Engineering. In the event Part 1 as shown on Figure 1 attached to
the Staff Committee of Adjustment Report (Figure 3 of this Report) requires
alterations to the service connections in order to comply with Building Code,
the Development Agreement shall require the owner to pay for any alteration as
required by the City.
2) Submission and approval of a detailed Lot Grading Plan, designed and stamped by a Professional
Engineer/Ontario Land surveyor/Landscape Architect, to the satisfaction of the Director
of Engineering or designate;
j) That the owner demolish the garage attached
to the existing dwelling, resulting in a reconfigured dwelling wholly located
upon Part 1 as shown on Figure 1 attached to the Staff Committee of Adjustment
Report (Figure 3 of this Report), that complies with the interior side yard
setback requirement of By-law 90-81, as amended. And that the Secretary-Treasurer receives
written confirmation that a building permit has been obtained for such work,
and that the reconfiguration of the dwelling on Part 1 as shown on Figure 1 has
been built to the satisfaction of the Chief Building Official or designate;
k) Fulfillment of all of the above conditions within one (1) year of the date that notice of the decision was given under Section 50(17) or 50(24) of the Planning Act, R.S.O. 1990, c,P.13;
A/119/15
a) That the variance apply only to the proposed
development as long as it remains;
b) That the variance apply only to a one-storey attached garage in the rear yard of the subject property, as shown on the plan attached as Figure 1 to the Staff Committee of Adjustment Report (Figure 3 of this Report), 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
Moved by Regional Councillor Jim Jones
Seconded by Councillor Karen Rea
1) That the confidential
report titled “Minor Variance Application Appeal, Guang Yu Wu & Long Qiong
Guo, 160 Sherwood Forest Drive, A/74/15” be received; and,
2) That Council direct the
City Solicitor and Staff not to attend the Ontario Municipal Board (OMB)
hearing regarding the decision of the Committee of Adjustment to approve the
minor variance related to Net Floor Area Ratio, front yard encroachment and
setbacks for accessory buildings, providing the applicant agrees to request the
OMB to impose the staff recommended conditions of approval set out below:
a) 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 plans attached as “Appendix A”
to the Staff Report dated September 8, 2015, to the satisfaction of the
Director of Planning and Urban Design or designate;
c) The Owner
shall enter into a Development Agreement with the City to the satisfaction of
the Director of Engineering and City Solicitor, which Development Agreement
shall be registered on title to the Lands in priority to all mortgages,
charges, liens and other encumbrances, and that the Owner shall procure
and caused to be executed and registered at its own cost and expense such
discharges, postponements, and subordination agreements as may be required by
the City in order to provide for the priority of registration for Development
Agreement on title to the Lands. The Development Agreement shall provide
for matters including but not limited to:
i) Preparation
and submission to the City for approval by the Director of Engineering of a
construction management plan, and implementation of such plan to the
satisfaction of the Director of Engineering or designate;
ii) Submission of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in accordance with the City’s Streetscape Manual (2009), as amended, to be reviewed and approved by the City;
iii) Subject to the review and approval of the Tree Assessment and Preservation Plan, tree protection fencing be erected and inspected in accordance with the City’s Streetscape Manual (2009);
iv) Subject to the review and approval of the Tree Assessment and Preservation Plan, tree replacements be provided and/or tree replacement fees be paid to the City if required;
d) Submission and approval of a
siting/grading plan of the property, and that the Secretary-Treasurer receive
written confirmation that this condition has been fulfilled to the satisfaction
of the Director of Engineering or designate;
e) That subject to the review
and approval of a siting/grading plan, the owner demonstrate that the
pre-existing drainage pattern within the property will not be altered in such a
way as to cause any adverse impact on the naturally occuring drainage from the
site, and that the Secretary-Treasurer receive written confirmation that this
condition has been fulfilled to the satisfaction of the Director of Engineering
or designate;
f) That subject to the review
and approval of a siting/grading plan, the owner demonstrate that there is no
negative impact to any abutting property respecting surface water drainage, and
that the Secretary-Treasurer receive written confirmation that this condition
has been fulfilled to the satisfaction of the Director of Engineering or
designate;
g) Submission of a statutory
declaration by the owner, satisfactory to the Director of Planning and Urban
Design or designate, that the property will be used only as single detached
dwelling in accordance with the applicable zoning by-law; and further,
3) That Staff be authorized and directed
to do all things necessary to give effect to this resolution.
Carried
Moved by Regional Councillor Nirmala Armstrong
Seconded by Councillor Colin Campbell
1) That the
report entitled “Reporting Out of Real Property Acquisitions” be received; and,
2) That
Staff be authorized and directed to take the actions set out in this report.
Carried
Moved by Councillor Alex Chiu
Seconded by Councillor Valerie Burke
That By-law 2015-170
be given three readings and enacted.
Carried
Moved by Councillor
Alex Chiu
Seconded by Councillor
Valerie Burke
That the Council Meeting be adjourned at 10:45 PM.
Carried
_________________________________ _______________________________
Kimberley
Kitteringham Frank
Scarpitti
City
Clerk Mayor
(Signed)