Revised Council Meeting Agenda
Revised items are identified by an asterisk (*)

Meeting No. 10
-
Live streamed

INDIGENOUS LAND ACKNOWLEDGEMENT


We begin today by acknowledging the traditional territories of Indigenous peoples and their commitment to stewardship of the land. We acknowledge the communities in circle. The North, West, South and Eastern directions, and Haudenosaunee, Huron-Wendat, Anishnabeg, Seneca, Chippewa, and the current treaty holders Mississaugas of the Credit peoples. We share the responsibility with the caretakers of this land to ensure the dish is never empty and to restore relationships that are based on peace, friendship, and trust. We are committed to reconciliation, partnership and enhanced understanding.

    1. That the Minutes of the Council Meeting held on May 17, 2022, be adopted.
    1. That the Minutes of the Special Council Meeting held on May 24, 2022, be adopted.

(Item 8.2.7, Report 22)

  • The following individuals will address Council on this matter:

    1. Bill Dawson 
    2. Niina Felushko

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


The Markham Village Music Festival (Friday, June 18, 2022 – Saturday June 19, 2022):

  1. Patio extensions for Friday, June 17, 2022: 4pm to 11pm & Saturday, June 18, 2022, 11am to 10pm:
    ● Inspire Restaurant, 144 Main Street Markham N, Markham, ON
    ● Azyun Restaurant, 144 Main Street Markham N, Markham, ON
    ● Main Street Greek, 60 Main Street Markham N, Markham, ON
    ● Cafe kkinn, 76 Main Street Markham N, Markham, ON
    ● Folco’s Restaurant, 42 Main Street N, Markham, ON
  2. Patio extensions for Friday, June 17, 2022: 4pm to 2am & Saturday, June 18, 2022, 11am to 10pm:
    ● The Duchess of Markham, 53 Main Street Markham N, Markham, ON
    ● Main’s Mansion Restaurant and Bar, 144 Main Street Markham N, Markham, ON
     
    1. That the request for the City of Markham for a Special Occasion Liquor permit be received and approved, subject to the following:
      1. Compliance with all applicable by-laws, regulations and City requirements with respect to temporary facilities; and,
      2. That Paid Duty officers be retained by The Duchess of Markham and Main’s Mansion Restaurant and Bar during the Markham Village Music Festival from Friday, June 17, 2022, 4:00 pm to Saturday, June 18, 2022, 2:00 am; and,
      3. That a road closure permit be obtained from the City of Markham to close the street as required for the Markham Village Music Festival; and further,
      4. That a fire inspection for all premises be arranged 3 weeks prior to the festival. An inspection fee is applicable.

(New liquor licence for indoor areas)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

(New liquor licence for indoor areas)

    1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly.

APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT A RESIDENTIAL SUBDIVISION INCLUDING MIXED USE MULTI-STOREY DEVELOPMENT BLOCKS AT 4551 ELGIN MILLS ROAD EAST, 10225 - 10227 KENNEDY ROAD AND 4638 MAJOR MACKENZIE DRIVE EAST (WARD 6)  

    1. That the supplementary memorandum dated May 31, 2022 from the Commissioner of Development Services on "4551 Elgin Mills Developments Ltd., Major Kennedy Developments Ltd., and Major Kennedy South Developments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit a residential subdivision including mixed use multi-storey development blocks at 4551 Elgin Mills Road East, 10225 - 10227 Kennedy Road and 4638 Major Mackenzie Drive East (Ward 6) ", be received.                                    

    (By-law 2022-74)

    1. That the communication dated May 30, 2022 from Ira T. Kagan, Kagan Shastri Lawyers, regarding the "City of Markham's Proposed Community Benefits Charge By-Law" be received.

No Attachment

    1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
      1. Armenian National Day - May 28, 2022
      2. Brain Injury Awareness Month - June 2022
      3. Pride Month - June 2022
      4. World Sickle Cell Day - June 19, 2022
      5. ALS Awareness Week - June 5-11, 2022
      6. National Injury Prevention Day - July 5, 2022
    2. 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:
      1. National Indigenous People's Month - June 2022
      2. *Hakka Heritage Week - last week of June 2022 (June 24-30, 2022)

     

    3. That the following requests 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:

      1. Armenian National Day - May 28, 2022 (Organized by Armenian National Community)
      2. ALS Awareness Week - June 5-11, 2022 (Organized by ALS Double Play)
      3. Pride Week - June 22-29, 2022 (Organized by The City of Markham)
      4. *Philippine Week - June 5-12, 2022 (Organized by Markham Federation of Filipino Canadians)

    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:

        1. National Indigenous People's Week - June 1-8, 2022 (Organized by The City of Markham) 
        2. *Treaty 13 - June 21, 2022 (Organized by the City of Markham)

Mayor and Members of Council:

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

    1. That the deputation by Christiane Bergauer-Free regarding the "Unionville Special Policy Area Boundary Update”, be received; and,
    2. That the staff report entitled “Recommendation Report, Unionville Special Policy Area Boundary Update” dated May 16, 2022, be received; and,
    3. That the proposed Special Policy Area boundaries and the Special Policy Area Justification Report be endorsed by Council and forwarded to the Toronto and Region Conservation Authority and the Province of Ontario (Minister of Municipal Affairs and Housing & Minister of Northern Development, Mines, Natural Resources and Forestry) for their endorsement and approval; and,
    4. That upon obtaining the endorsement of the changes to the Special Policy Area boundaries from the Toronto and Region Conservation Authority and the Province, the draft Official Plan Amendment, attached hereto as Appendix ‘B’, be finalized, brought to Council for adoption, and forwarded to York Region for approval; and,
    5. That upon approval of the Official Plan Amendment by York Region, the Zoning By-law Amendment, attached hereto as Appendix ‘C’, to amend the Special Policy Area overlay on zoning by-laws 1229, 11-72, 122-72, 134-79, 304-87 and 177-96, as amended, be finalized and brought forward to a future Council meeting to be enacted without further notice; and further,
    6. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the Markham Public Art 2022 Work Plan be approved; and,
    2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Mayor and Members of Council:

  • That the report of the General Committee be received & adopted. (Items 1 to 8):

  • 1. That the report dated May 21, 2022 entitled “2022 Tax Rates and Levy By-law” be received; and,

    2. That a by-law to provide for the levy and collection of property taxes totalling $786,656,638 required by the City of Markham, the Regional Municipality of York, Province of Ontario (Education) and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2022, as set out as follows, be approved; and,

    TAX LEVYING BODY

    2022 TAX LEVY AMOUNT

    City of Markham

    $169,403,513

    Region of York

    $364,684,559

    Province of Ontario (Education)

    $252,114,705

    Markham Village BIA

    $239,640

    Unionville BIA

    $214,221

    Total

    $786,656,638

    3. That staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act, 2001, as outlined in Section 9 of the attached by-law once the required information is received from the Ministry of Training, Colleges and Universities; and,

    4. That the attached by-law be passed to authorize the 2022 Tax Rates and Levy By-law; and further,

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

  • (By-law 2022-73)

    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 $374,170 be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $75,148; and,
    3. That the associated interest be cancelled in proportion to the tax adjustments; 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.
    1. That the report entitled Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001 be received; and,
    2. That taxes for 2021 totalling $129,347 as set out in this report, of which the City’s portion is $30,849 be written-off pursuant to Section 354 of the Municipal Act, 2001; and,
    3. That the City of Markham’s portion of the taxes be charged to the Tax Write-off Account 820-820-7040; and,
    4. That the Treasurer be directed to remove these amounts from the Collector’s Roll; and,
    5. That the associated interest be cancelled in proportion to the tax adjustments; and further,
    6. That staff be authorized to and directed to do all things necessary to give effect to this resolutions.
    1. That the report titled “Development Charges December 31, 2021 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended; and,
    2. That staff be directed to do all things necessary to give effect to this report.
    1. That the report entitled “047-T-22 Supply and Delivery of Four (4) Three Ton Flatbeds Equipped with Plows” be received; and,
    2. That the contract for the supply and delivery of four (4) three ton flatbeds equipped with plows be awarded to the lowest priced bidder, Downtown Autogroup, in the total amount of $471,410.40, inclusive of HST; and,
    3. That the award in the amount of $471,410.40 be funded from project #22170 Corporate Fleet Replacement – Non-Fire (account 057-6150-22170-005) with a budget available of $386,180.00 and,
    4. That the budget shortfall in the amount of $85,230.40 ($471,410.40 - $386,180.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report and presentation entitled “Tree Preservation By-law Review and Update” be received; and, 
    2. That the recommendations for amendments to the Tree Preservation By-law and related processes in this report be approved in principle; and,
    3. That staff report back to Committee with additional  recommendations that provide for the protection of hedges; and further,
    4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

Note: Chris Rickett, Director, Economic Growth, Culture and Entrepreneurship, will provide an update.

    1. That the report titled, “Celebrate Markham Grant Program – April 1, 2022 - March 31, 2023 (2022-23) - Funding Approvals and Annual Program Review” be received; and,
    2. That Council approve the recommendations of the Interdepartmental Staff Review Committee in Attachment 2, which includes 66 Celebrate Markham applicants, totaling $309,150; and,
    3. That the one-time-carry forward funds totaling $207,425 from the 2021-2022 Funding Cycle be allocated to the 2022-2023 Funding Cycle in accordance with the Community Grant Application funding envelopes as follows:
      1. Culture Events Programs $51,050
      2. Major Community Events $89,500
      3. Seniors’ Clubs $32,650
      4. Sport Events $34,225; and,
    4. That the remaining $154,275 from the 2021-2022 Funding Cycle be returned as a surplus to the 2022 operating budget; and,
    5. That Celebrate Markham Interdepartmental Review Committee be assigned delegated authority to review and approve additional applications using the 2022 operating budget surplus funds in the Sports Events category in the amount of $31,525 and any unused funds be returned to source at the end of the 2023-2024 Funding Cycle; and,
    6. That Markham Arts Council receive a net amount of $23,400 (Celebrate Markham Grant of $30,000 less the final loan repayment in 2022 in the amount of $6,600 for their annual programs and activities) conditional on receiving and approving 2021/22 audited financial statements; and,
    7. That the unused 2020 and 2021 Canada Day funds in the amount of $89,550 be allocated to the 2022 Canada Day event and any remaining funds be returned to the original funding source; and further,
    8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report on the “2022 Development Charges Background Study and Community Benefits Charges” be received; and, 
    2. That Council determine that no further public meeting is required, pursuant to Section 12 of the Development Charges Act 1997, as amended; and, 
    3. That Council approve the Development Charge Background Study prepared by Hemson Consulting Ltd. dated May 2022; and, 
    4. That Council affirm its intention to ensure that the increase in the need for services to service anticipated development will be met; and, 
    5. That Council affirm its intention that development related to post 2031 capacity identified in the Background Study shall be paid for by development charges or other similar charges; and, 
    6. That Council affirm its intention that infrastructure related to post 2031 development identified in the background study shall be paid for by development charges or similar charges; and, 
    7. That Council recognizes that there are operating costs associated with the implementation of the capital program; and,
    8. That Council approve the policy changes as outlined in this report; and, 
    9. That Council enact the City Wide Hard, City Wide Soft and Area Specific Development Charges by-laws, effective June 17th, 2022; and, 
    10. That Council affirm its intention that the future excess capacity identified in the Development Charges Background Study, dated May 2022, prepared by Hemson Consulting Ltd. shall be paid for by the development charges; and, 
    11. That staff be authorized to increase the Capital Administration Fees to 9% of the project costs, to be effective for capital works from January 1, 2023 and beyond; and, 
    12. That Council acknowledges the consultations held with the development industry regarding the Community Benefits Charge Strategy as contemplated in the Planning Act; and,
    13. That Council receive and approve the Community Benefits Charges Strategy; and, 
    14. That Council enact the Community Benefits Charge by-law effective May 31st, 2022; and, 
    15. That these recommendations, including the implementing by-laws, be forwarded to the May 31st, 2022 Council meeting for adoption; and further, 
    16. That staff be directed to do all things necessary to give effect to this report.
  • (By-laws 2022-48 to 2022-72)

Mayor and Members of Council:

  • That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

    1. That the report titled, “Designated Heritage Property Grant Applications -2022”, dated May 30, 2022, be received; and,
    2. That Designated Heritage Property Grants for 2022 be approved in the amounts noted for the following properties, totaling $30,000.00, provided that the applicants comply with eligibility requirements of the program:
      1. 16 George Street, Markham Village-up to $2,797.90, for the installation of historically appropriate new windows on the heritage portion of the house of the rear two storey tail;
      2. 28 Church Street, Markham Village- up to $5,000.00 for the installation of historically appropriate new windows on the heritage portion of the house;
      3. 309 Main Street North, Markham Village-up to $1,308.40 for the reconditioning/restoration of the existing historic windows;
      4. 15 Bewell Drive, Box Grove –up to $5,000.00 for the installation of historically appropriate new windows in the heritage portion of the house;
      5. 33 Dickson Hill Road, Dickson Hill-up to $2,797.90 for the restoration of the historic front entrance door, transom and sidelights;
      6. 26 Colborne Street, Thornhill-up to $2,797.90 for the restoration of the historic wooden siding of the west wall of the house;
      7. 8 Alexander Hunter Place, Markham Heritage Estates-up to $7,500.00 for the installation of a traditional cedar shingle roof;
      8. 23 Victoria Avenue, Unionville-up to $2,797.90 for the installation of historically authentic wooden louvred shutters; and,
    3. That the grant request to fund repairs to the south facing reproduction veranda of 1 Millbrook Gate, which is not visible from the public realm, be denied; and,
    4. That the grants be funded through the Designated Heritage Property Grant Project Fund, Account 620-101-5699-22009 ($30,000.00 available for 2022); and further,
    5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
      1. That the report titled, “Commercial Façade Improvement Grant Program for 2022”, dated May 30, 2022, be received; and,
      2. That the recommended grants be awarded proportionally based on the $25,000.00 of funding available for 2022 through the Commercial Facade Improvement Grant Program Fund, Account 620-101-5699-22010; and,
      3. That Council supports the following grant requests:
        1. The proposed reconditioning of the historic windows at 136 Main St. Unionville subject to the applicant obtaining a Building/Heritage Permit for the proposed work (up to a maximum of $4,759.38);
        2. The painting in historic colours of 154 Main St. Unionville subject to the applicant obtaining a Heritage Permit for the proposed work (up to a maximum of $1,154.23);
        3. The repair of the storefront cornice and the replacement of the storefront windows at 159 Main St. Unionville subject to the applicant obtaining a Heritage/Building Permit for the proposed work (up to a maximum of $1,575.94);
        4. The installation of historically appropriate new windows at 166 Main St. Unionville subject to the applicant obtaining a Heritage Permit and entering into a Façade Easement Agreement for any grant amount exceeding $5,000.00 (up to a maximum of $8,755.22); 
        5. The installation of historically appropriate new windows at 9899 Markham Road (up to a maximum of $8,755.22); and,
      4. That the grants be funded through the Commercial Facade Improvement Grant Program Fund, Account 620-101-5699-22010 ($25,000.00 available for 2022); and further,
      5. That staff be authorized and directed to do all things necessary to give effect to this resolution.
    1. That the report entitled “Victoria Square Boulevard – Project Status Update” be received; and,
    2. That the tendering process for the additional design and relocation of additional existing utilities on Victoria Square Boulevard (Phase 1) be waived, in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1(c), Non-Competitive Procurement which states “when the extension of an existing Contract would prove more cost effective or beneficial” and Part II Section 11.2 “Requests for Tenders, Requests for Proposals and requests for Quotations may not be required for goods and services to be provided by any of the following (a) Hydro Electric Corporations and (b) Utilities; and,
    3. That Purchase Order PD-19403 issued to Ainley Group be increased by $269,679.01, inclusive of HST, to cover the additional design work required to change the Active Transportation Facility from an MUP to separated sidewalks and cycle tracks; and,
    4. That the contingency Purchase Order PD-19404 issued to Ainley Group for the detailed design of Victoria Square Boulevard reconstruction be increased by $26,967.90, inclusive of HST, to cover any additional design work required for the project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
    5. That the 2018 Engineering Capital Account 18059 (Victoria Square Boulevard Design) be increased to cover the additional design work in the amount of $296,646.91, inclusive of HST, and be funded from City Wide Hard Development Charges Reserve; and,
    6. That staff be authorized to increase the purchase orders to the various utility companies (Alectra, Rogers Cable Communications Inc., Bell Canada, and Enbridge Gas Distribution Inc.) as identified in the financial consideration section, for the relocation of their facilities in the amount of $568,970.21 , inclusive of HST; and,
    7. That a 10% contingency in the amount of $56,897.02, inclusive of HST, be established to cover any additional costs to deliver the utility relocation work for Phase 1, and that authorization to approve expenditures of this contingency amount up to the specified limit, be in accordance with the Expenditure Control Policy; and,
    8. That the Engineering Department Capital Administration Fee in the amount of $74,644.85, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and,
    9. That the 2021 Engineering Capital Account 21213 (Victoria Square Boulevard – Phase 1 Utility Relocation) be increased to cover the additional utility costs in the amount of $700,512.08, inclusive of HST, and be funded from City Wide Hard Development Charges Reserve; and,
    10. That the 2022 Engineering Capital Account 22031 (Victoria Square Boulevard – Culvert Construction) be increased to cover the additional culvert construction costs in the amount of $344,584.80, inclusive of HST, and be funded from City Wide Hard Development Charges Reserve; and,
    11. That the incremental estimated amount of $175,709 be included in the 2024 operating budget for cycle track, MUP and sidewalk maintenance, subject to confirmation at time of construction award and Council approval; and further,
    12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

That By-laws 2022-46 to 2022-74 be given three readings and enacted.

Three Readings

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Part Block 1 on Registered Plan 65M-4141, designated to include Part 82 on Reference Plan 65R-39637, west side of Donald Cousens Parkway, north of Copper Creek Drive. 

A By-law to authorize temporary borrowing to meet the expenditures of the City of Markham until taxes are collected and other revenues received.


(Item 8.1.1, Report 19, May 17, 2022 Council Meeting)

A By-law to amend By-law 304-87, as amended and to amend  By-law 177-96, as amended to facilitate the development of approximately 2,072 single detached and townhouse units and blocks for future  mixed use multi-storey residential development; parks and open space; schools, stormwater management facilities, and the supporting road network on the subject lands.

(Communication Item No. 6.4)

  • That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1.1
CONFIDENTIAL COUNCIL MINUTES - MAY 17, 2022 AND SPECIAL COUNCIL MEETING OF MAY 24, 2022 [Section 239 (2) (a) (b) (c) (e) (f)] (16.0)
 

14.1.2
PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (APPOINTMENTS & RESIGNATIONS TO BOARDS/COMMITTEE) (16.24)Section 239 (2) (b)
 

14.1.3
SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD (UPDATE ON SECURITY ACTIVITY OF CITY ASSET) [Section 239 (2)(a)]
 

14.2
REPORT FROM DEVELOPMENT SERVICES COMMITTEE - MAY 30, 2022
 

14.2.1
A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (WARD 6) [Section 239 (2)(c)]
 

KOCH-WIDEMAN HOUSE - 10062 HIGHWAY 48 (WARD 6) (8.7)

  • That By-law 2022-75 be given three readings and enacted.

    Three Readings

    BY-LAW 2022-75 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 31, 2022.
    No attachment

No Item Selected