Revised Council Agenda

Revised Items are Italicized.

Meeting #:	Meeting Number: 16
Date:	Tuesday, September 24, 2019 at 6:00 P.m. - 7:00 P.m.
Location:	Council Chamber

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - SEPTEMBER 10, 2019 (10.0)

• 1. That the Minutes of the Council Meeting held on September 10, 2019, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

31-2019 - LIQUOR LICENCE APPLICATION - BELLAFORNIA INC. (WARD 1) (3.21)

(Expansion of existing liquor licence for indoor areas.)

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

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

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. National Day of the People's Republic of China - October 1, 2019
     2. World Polio Awareness Day - October 24, 2019
  2. That the following new request for proclamation be approved and added to the Five-year Proclamations List approved by Council:

     1. RETT Syndrome Awareness Month - October

  3. That the following request for a 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. National Day of the People's Republic of China - October 5, 2019; (Organized by Federation of Chinese Canadians in Markham)
     2. World Polio Awareness Day - October 24, 2019; (Organized by Markham-Unionville Rotary Club))

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 32 - GENERAL COMMITTEE (SEPTEMBER 3, 2019)

Please refer to your September 3, 2019 General Committee Agenda for reports.

• That the report of the General Committee be received and adopted. (1 item).

8.1.1

FLOOD CONTROL PROGRAM AND STORMWATER FEE UPDATE (5.3)

Note: At the September 10, 2019 Council meeting, Council consented to defer this matter to the September 24, 2019 Council meeting.

•  

  1. That the presentation entitled "Alectra Rear Lot Conversion Initiative & Stormwater Fee Update" be received; and,
  2. That the report “Stormwater Fee Update” be received; and,
  3. That an annual stormwater fee continue to be imposed on all property within the municipal boundaries of the City of Markham, save and except those noted in the Stormwater Fee By-law 2020-XXX as outlined in Appendix “A” to this staff report; and, 
  4. That the annual stormwater fee for Residential properties be increased in year 2020 from $47 to $50 per property; and further be increased by $1 per year, each year thereafter; and,
  5. That the annual stormwater fee rate for Non-Residential properties be increased in year 2020 by $2 per $100,000 of current value assessment (CVA); and further be increased by 2% per year, each year thereafter; and,
  6. That the annual stormwater fee rate for Vacant Land properties be increased in year 2020 by $2 per $100,000 of current value assessment (CVA) and further be increased by 2% per year, each year thereafter; and,
  7. That the Treasurer continue to be authorized to adjust the annual stormwater fee rate for both Non-Residential and Vacant Land properties to compensate for the average annual change in City-wide CVA; and, 
  8. That the annual stormwater fee levied continue to be included as a separate line item on the final tax bill of the property; and, 
  9. That the City continue to allocate $2,000,000 per year of Federal Gas Tax funding to the Flood Control Program;
  10. That By-law 2015-130 be repealed in its entirety and replaced with the Stormwater Fee By-law 2020-XXX as outlined in Appendix “A” to this staff report; and,
  11. That staff report back to Council in 2024 with any required update to the annual Stormwater Fees, for implementation in 2025, to ensure that the Flood Control Program is adequately funded; and further,
  12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2019-100)

8.2

REPORT NO. 33 - DEVELOPMENT SERVICES COMMITTEE (SEPTEMBER 9, 2019)

Please refer to your September 9, 2019 Development Services Committee Agenda for reports.

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

8.2.1

DELEGATED AUTHORITY FOR SIGNING CONSERVATION AUTHORITY, PROVINCIAL AND FEDERAL PERMIT APPLICATIONS FOR ENGINEERING CAPITAL PROJECTS (5.0)

• 1. That the report titled “Delegated Authority for Signing Conservation Authority, Provincial and Federal Permit Applications for Engineering Capital Projects” be received; and,

  2. That Council authorize the Director of Engineering to execute application forms and other documents required to obtain permits from various government agencies and levels of government for City capital projects; and further,

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

8.2.2

RECOMMENDATION REPORT: RENAME THE SECTION OF MEADOWVIEW AVENUE BETWEEN YONGE STREET AND DONCASTER AVENUE TO DONCASTER AVENUE (WARD 1) (10.14)

• 1. That the report entitled “Rename the section of Meadowview Avenue between Yonge Street and Doncaster Avenue to Doncaster Avenue”, dated September 9, 2019, be received; and,

      

  2. That the by-law attached to this report to rename the section of Meadowview Avenue between Yonge Street and Doncaster Avenue to Doncaster Avenue be approved; and,

      

  3. That Staff be directed to request permission from the Region of York to rename their portion of Meadowview Avenue to Doncaster Avenue; and,

      

  4. That Staff provide notification of the municipal address change to each affected property owner; and further,

      

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

  (By-law 2019-102)

8.2.3

THE ASSOCIATION OF CHINESE CANADIAN ENTREPRENEURS BUSINESS DELEGATION TO CHINA, 2019 (10.16)

• 1. That the Report dated September 9, 2019 entitled “The Association of Chinese Canadian Entrepreneurs Business Delegation to China, 2019” be received; and,
  2. That the City of Markham be represented by Sandra Tam, Senior Business Development Officer; and,
  3. That the total cost of the participation not exceed $6,250.00 and be expensed from within the 2019 International Investment and Attraction account 610-998-5811; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 34 - GENERAL COMMITTEE (SEPTEMBER 16, 2019)

Please refer to your September 16, 2019 General Committee Agenda for reports.

• That the report of the General Committee be received & adopted. (Items 1 to 5):

8.3.1

CANCELLATION, REDUCTION OR REFUND OF TAXES UNDER SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001 (7.3)

• 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 $184,932 be adjusted under Sections 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $26,036; 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.

8.3.2

2020 CAPITAL BUDGET PRE-APPROVAL (7.0)

• 1. That the report dated September 16, 2019 titled, “2020 Capital Budget Pre-Approval” be received; and,

      

  2. That Council approve the 2020 Capital Budget Pre-Approval, which totals $24,911,600 as outlined in Appendices 1, 2 and 3; and further,

      

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

8.3.3

DEVELOPMENT CHARGES REDEVELOPMENT CREDIT – 8330 WOODBINE AVENUE (7.11)

• 1. That the report entitled, “Development Charges Redevelopment Credit – 8330 Woodbine Avenue” be received; and,
  2. That Council authorize staff to provide a redevelopment credit estimated at $519,371.56 to Hanisha Incorporated and Lodson Investment Corp. at 8330 Woodbine Avenue in advance of the full demolition of the existing site; and,
  3. That Council authorize the Mayor and City Clerk to execute an agreement pursuant to section 27 of the Development Charges Act, 1997, as amended, to secure the advance of the redevelopment credit based on the provision of a letter of credit in the amount of the redevelopment credit and the further principles set out in this report, all to the satisfaction of the Treasurer and the City Solicitor, or their delegates; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

2019 JULY YEAR-TO-DATE REVIEW OF OPERATIONS AND YEAR-END PROJECTION (7.0)

• 1. That the report titled “2019 July Year-To-Date Review of Operations and Year-end Projection” be received; and,

      

  2. That the year-end surplus, if any, will be transferred to reserves as per policy in the order outlined below:
     1. Corporate Rate Stabilization Reserve to top up to a level equivalent to 15% of local tax levies
     2. Remaining, if any, to the Life Cycle Replacement and Capital Reserve Fund, and further,

         

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

8.3.5

PROPOSED AMENDMENTS TO CANNABIS BY-LAW (2.0)

• 1. That the report entitled “Proposed Amendments to Cannabis By-law” and dated September 16, 2019 be received; and, 
  2. That staff bring forward a revised by-law to the September 24, 2019 Council meeting to amend Cannabis By-law 2018-135 by: a) adding a definition of “Smoke or Smoking” to assist in the enforcement of the By-law and prosecution; and b) delete the word “recreational” from the tile of By-law; and,
  3. That, in keeping with the commitment made by the Province of Ontario to allow municipalities the authority to regulate or prohibit the smoking or vaporizing of cannabis, the City of Markham request the Province of Ontario amend Section 115(3) of the Municipal Act to permit municipalities to regulate smoking on highways (including sidewalks and boulevards); and further,
  4. That a copy of this resolution be provided to the Premier of Ontario, Minister of Municipal Affairs and Housing, Solicitor General, local MPs and MPPs, Chief of the York Regional Police, and York Region municipalities.

  (By-law 2019-103)

8.4

REPORT NO. 35 - DEVELOPMENT SERVICES COMMITTEE (SEPTEMBER 23, 2019)

Please refer to your September 23, 2019 Development Services Committee Agenda for reports.

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

8.4.1

CITY OF MARKHAM COMMENTS ON YORK REGION’S DRAFT EMPLOYMENT FRAMEWORK – 2041 REGIONAL MUNICIPAL COMPREHENSIVE REVIEW (10.0)

Note: At the September 23, 2019 Development Services Committee, the Committee recommended that members of the sub-committee be appointed at the September 24, 2019 Council meeting.

• 1. That the report and presentation entitled “City of Markham Comments on York Region’s Draft Employment Framework – 2041 Regional Municipal Comprehensive Review” dated September 23, 2019, be received; and,
  2. That the deputations of Christine Cote, Sandra Wiles, Don Given, Louis Tinker, Patrick Kerney, and Peter Smith be received; and,
  3. That the communications submitted by Sandra Wiles and Rosemarie L. Humphries be received; and,

  4. That Council's consideration of the requests for the conversion of the employment lands identified in the staff report be deferred; and,

  5. That a sub-committee of Development Services Committee be appointed to review the staff recommendations and report back to Development Services Committee in a timely fashion; and further,

  6. That the members of the sub-committee be appointed at the September 24, 2019 Council meeting.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

• 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".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2019-100, 2019-102, 2019-103 and 2019-105 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2019-100 STORMWATER FEE BY-LAW

A by-law to repeal and replace Stormwater Fee By-law 2015-130.

(Item 8.1.1, Report No. 32)

13.2

BY-LAW 2019-102 A BY-LAW TO CHANGE A CERTAIN STREET NAME IN THE CITY OF MARKHAM

(Item 8.1.2, Report No. 33)

13.3

BY-LAW 2019-103 AMENDMENTS TO CANNABIS BY-LAW

To amend Bylaw 2018-135 being a by-law to prohibit the smoking or vaporizing of recreational cannabis in public places in the City of Markham.

(Item 8.3.5, Report No. 34)

13.4

BY-LAW 2019-105  2599519 ONTARIO INC., MARKLAND STREET, HOLD REMOVAL BY-LAW

A By-law to amend By-law 177-96, as amended, to permit the property to be developed as a 3 storey private high school with an adjoining 9 storey student dormitory.

14.

CONFIDENTIAL ITEMS

• 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

APPROVAL OF CONFIDENTIAL COUNCIL MEETING MINUTES - SEPTEMBER 10, 2019 (10.0)

14.2

COUNCIL

14.2.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (12.0) [Section 239 (2) (b)]

14.2.2

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [Section 239 (2) (b)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2019-104 be given three readings and enacted.

  Three Readings

  BY-LAW 2019- 104 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 24, 2019.
  No attachment

16.

ADJOURNMENT