Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 17

Wednesday, October 14, 2020 at 1:00 P.m. - 4:30 P.m.

Live streamed

​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 30, 2020

• 1. That the Minutes of the Council Meeting held on September 30, 2020, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

• 1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Waste Reduction Week - October 19-23, 2020

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 25 - DEVELOPMENT SERVICES COMMITTEE (SEPTEMBER 14, 2020)

Please refer to your September 14, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.1.1

RECOMMENDATION REPORT, ANGUS GLEN VILLAGE LTD., 4071, 4073 AND 4289 MAJOR MACKENZIE DRIVE EAST, SOUTH SIDE OF MAJOR MACKENZIE DRIVE,

WEST OF KENNEDY ROAD, ZONING BY-LAW AMENDMENT APPLICATION TO REVISE THE DEVELOPMENT STANDARDS FOR 173 TOWNHOUSES PROPOSED ON THE SUBJECT LANDS, FILE NO. ZA 18 154612 (WARD 6) (10.5)

• 1. That the report dated September 14, 2020 entitled “RECOMMENDATION REPORT, Angus Glen Village Ltd., 4071, 4073 and 4289 Major Mackenzie Drive East, south side of Major Mackenzie Drive, west of Kennedy Road, Zoning By-law Amendment to revise the development standards for 173 townhouses proposed on the subject lands, File No. ZA 18 154612 (Ward 6)”, be received; and,
  2. That the amendment to By-law 177-96, as amended, be approved and the draft implementing Zoning By-law, attached as Appendix ‘A’, be finalized and enacted, without further notice, subject to the Toronto and Region Conservation Authority confirming that their technical requirements have been addressed; and,
  3. That Markham Council requests York Region to approve the signalization of the centrally located intersection, that serves as the principal access to Major Mackenzie Drive East, at the Owner’s expense; and,
  4. That in accordance with the provisions of subsection 45(1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the owner shall, through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the zoning by-law attached as Appendix ‘A’ to this report, before the second anniversary of the day on which the by-law was approved by Council; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

8.2

REPORT NO. 27 - DEVELOPMENT SERVICES COMMITTEE (SEPTEMBER 29, 2020)

Please refer to your September 29, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

ROAD SAFETY UPDATE -TRAFFIC SAFETY AUDIT RESULTS (CITY-WIDE) (5.10)

• 1. That the report entitled “Road Safety Update - Traffic Safety Audit Results (City-wide)” and presentation entitled “Traffic Safety Audit Results”, be received; and
  2. That the deputation of Peter Miasek on behalf of the Cycling and Pedestrian Advisory Committee (CPAC) be received; and,
  3. That the deputation of Elisabeth Tan, resident, be received; and,
  4. That the communications submitted by Cosimo Crupi on behalf of the Unionville Cycling Club be received; and,
  5. That staff be directed to proceed with the development of a City-wide Road Safety Plan with priority initiatives to be directed towards the Denison Street and Main Street Markham corridors; and,
  6. That staff be directed to explore new traffic calming measures to address vehicle speed and traffic infiltration on City streets, and to report back prior to conducting pilot projects; and
  7. That staff be directed to evaluate and, where feasible, incorporate the principles of Vision Zero into the Road Safety Plan; and,
  8. That staff be directed to investigate and develop appropriate branding and communications for the Road Safety Plan; and,
  9. That staff be directed to develop a short-term and long-term comprehensive public education program that aligns with the principles of the Road Safety Plan; and,
  10. That the City Clerk send a copy of this report and Council resolution to York Region; and further
  11. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

RECOMMENDATION REPORT EVANS PLANNING INC. PROPOSED ZONING BY-LAW AMENDMENT APPLICATION FOR TWO SEMI-DETACHED LOTS

AND ONE RESIDUAL LOT AT 12 AND 16 DEER PARK LANE (NORTH OF DEER PARK LANE, WEST OF ELIZABETH STREET). WARD 4 (10.5)

• 1. That the report dated September 29, 2020 titled “RECOMMENDATION REPORT Evans Planning Inc. Proposed Zoning By-law Amendment application for two semi-detached lots and one residual lot at 12 and 16 Deer Park Lane (north of Deer Park Lane, west of Elizabeth Street). Ward 4”, be received; and,
  2. That the record of the Public Meeting held on November 19, 2019 regarding the Zoning By-Law Amendment application submitted by Gil & Marina Scholyar c/o Evans Planning be received; and,
  3. That the Zoning By-law Amendment application submitted by Gil & Marina Scholyar c/o Evans Planning to amend By-law 1229, as amended, be approved, and that the Zoning By-law Amendment attached as Appendix ‘A’ be finalized and enacted without further notice; and,
  4. That Council assign servicing allocation for up to 5 residential units for the proposed development; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2020-93)

8.3

REPORT NO. 28 - GENERAL COMMITTEE (OCTOBER 5, 2020)

Please refer to your October 5, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.3.1

2021 CAPITAL BUDGET PRE-APPROVAL (REVISED) (7.5)

Note: At the October 5, 2020 General Committee meeting, the Committee referred the Library Collections budget pre-approval request to the Library Board. Attached is the revised report that excludes the Library Collections request and an update on the Asphalt Rehabilitation program.

• 1. That the report dated October 5, 2020 titled, “2021 Capital Budget Pre-Approval (Revised)” be received; and, 
  2. That Council approve the 2021 Capital Budget Pre-Approval, which totals $8,694,600 as outlined in Appendices 1 and 2; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

CONTRACT EXTENSION FOR WIDE AREA NETWORK (WAN) CONNECTIVITY AND INTERNET SERVICES (7.13)

• 1. That the report entitled “Contract Extension for Wide Area Network (WAN) Connectivity and Internet Services” be received; and,
  2. That the contract for WAN Services and Internet Services be extended for two (2) years (October 1, 2020 - September 30, 2022) to Rogers Communications at 11.6% discounted rate, in the amount of $577,814.44, inclusive of HST, broken down as follows;
     • October 1, 2020 – December 31, 2020 $ 72,226.81
     • January 1, 2021 – December 31, 2021 $288,907.22
     • January 1, 2022 – September 30, 2022 $216,680.41

       Total (2 years) $577,814.44; and,

  3. That the contract for Internet Services with higher bandwidth (increasing from 500Mbps to 600Mbps) be extended for two years (October 1, 2020 - September 30, 2022) to Bell Canada at the existing 2019 rate, in the amount of $79,006.46 inclusive of HST, broken down as follows;
     • October 1, 2020 – December 31, 2020 $ 9,875.81
     • January 1, 2021 – December 31, 2021 $ 39,503.23
     • January 1, 2022 – September 30, 2022 $ 29,627.42

       Total (2 years) $ 79,006.46; and,

  4. That the WAN Services from Rogers and the two Internet Services from Rogers and Bell to be funded from operating budget account# 400-404-5108 in amount of $656,820.90 (inclusive of HST) over a two (2) year period; and,
  5. That the tendering process be waived in accordance with Purchasing Bylaw 2017-8, Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial”; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

CONTRACT # 043-S-20 TO OPERATE AND MAINTAIN THE COMBINED HEAT AND POWER SYSTEM AT ANGUS GLEN COMMUNITY CENTRE (7.12)

• 1. That the report entitled “Contract # 043-S-20 To Operate and Maintain the Combined Heat and Power System at Angus Glen Community Centre” be received; and,
  2. That the Operation and Maintenance of the Angus Glen Combined Heat and Power System be awarded to Markham District Energy Inc. (“MDE”) to an annual upset limit of $167,904.00 inclusive of HST impact for a period of five (5) years (2020 – 2024), totaling $839,520.00 inclusive of HST impact (excluding adjustment to CPI) over that five (5) year period; and,
  3. That years 2 – 5 (2021-2024) be adjusted based on the Consumer Price Index (CPI) Ontario All-Items (January to January); and,
  4. That the 2020 award be funded from operating budget account 504-921-5314 “Service Agreements Facility Maintenance”; and,
  5. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (h), which states “where it is in the best interests of the City to acquire non-standard items or Professional Services from a supplier who has a proven track record with the City in terms of pricing, quality and service;” and,
  6. That the Mayor and Clerk be authorized to execute the agreement with Markham District Energy Inc, in a form approved by CAO and the City Solicitor; and,
  7. That the CAO be authorized to extend the contract for an additional five (5) years (2025-2029) subject to Council’s approval of the annual operating budget; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.4

REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE (OCTOBER 13, 2020)

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

8.4.1

EMPLOYMENT LAND CONVERSION REQUESTS: THE WEMAT GROUP (COMMERCE VALLEY); MARKHAM WOODMILLS DEVELOPMENTS INC. (SMARTCENTRES); 1628740 ONTARIO INC. AND 1628741 ONTARIO INC. (TUCCIARONE);

AND CORNELL ROUGE DEVELOPMENT CORPORATION, VARLESE BROTHERS ET AL., AND NORFINCH CONSTRUCTION (CORNELL) (10.0)

• M11 THE WEMAT GROUP

  Whereas York Region is undertaking an Official Plan Review through a municipal comprehensive review (MCR) process for a 2051 planning horizon; and,

  Whereas the Growth Plan for the Greater Golden Horseshoe, 2019, requires upper-tier municipalities, in consultation with lower-tier municipalities, to designate all employment areas in official plans and protect them for appropriate employment uses over the long term; and,

  Whereas City of Markham Council passed a resolution on February 25, 2020 to postpone consideration of the employment conversion request by The Wemat Group (17.1 hectares) for lands located at the southwest corner of Highway 7 and Highway 404 to allow for the submission of an appropriate revised development concept plan prior to ultimate consideration of the conversion request by York Region Council; and,

  Whereas City of Richmond Hill Council on February 26, 2020 passed a resolution indicating their interest in considering a municipally initiated conversion of employment lands within the south-eastern part of the Beaver Creek Business Park for mixed-use development and support for the conversion requests submitted by Parkway Hotels and Convention Centre Inc. and Crestpoint Real Estate Inc. in this area; and,

  Whereas a Regional Committee of the Whole meeting is scheduled for October 15, 2020, to consider a Regional staff report seeking decisions on employment conversion requests and endorsement of employment area mapping to be included in the Regional Official Plan; and,

  Whereas one of the recommendations in the October 15, 2020, Regional staff report  ‘Proposed Employment Area Mapping and Employment Conversions’, is for Regional Council to not approve the employment conversion request submitted by The Wemat Group, and to map the lands as an employment area  in the Regional Official Plan;

   

  Therefore now be it resolved:

  1. That Regional Council be requested to defer consideration of the employment conversion request M11 The Wemat Group to allow the City of Markham to undertake a joint study with the City of Richmond Hill, in consultation with landowners and York Region, to confirm the appropriate mix of uses on the these and surrounding lands, taking into account the potential conversion of employment lands on the north side of Highway 7 in Richmond Hill; and,
  2. That Regional Council be requested to initiate a municipal comprehensive review process within three years of adoption of a new Regional Official Plan in order to revisit the M11 The Wemat Group and related employment conversions in the area that are deferred as part of the current municipal comprehensive review process; and further,
  3. That Markham staff be authorized and directed to do all things necessary to give effect to this resolution.
• M8 MARKHAM WOODMILLS DEVELOPMENT INC.

  Whereas York Region is undertaking an Official Plan Review through a municipal comprehensive review (MCR) process for a 2051 planning horizon; and,

  Whereas the Growth Plan for the Greater Golden Horseshoe, 2019, requires upper-tier municipalities, in consultation with lower-tier municipalities, to designate all employment areas in official plans and protect them for appropriate employment uses over the long term; and,

  Whereas City of Markham Council passed a resolution on February 25, 2020 to not support the employment land conversion request submitted by M8 Markham Woodmills Developments Inc. (1.9 hectares) located at the northeast corner of Highway 404 and Elgin Mills Road; and that staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and,

  Whereas City of Markham Council passed a resolution on February 25, 2020 to support the employment land conversion request submitted by M3 1628740 Ontario Inc. and 1628741 Ontario Inc. (1.0 hectare) located at 2718 and 2730 Elgin Mills Road, subject to confirmation by York Region that no access to the employment lands along Highway 404 immediately to the west of the subject lands is possible from Elgin Mills Road through the subject lands; and that staff be directed to work with the landowner to identify a broader range of potential non-residential uses for the subject lands; and,

  Whereas discussions are ongoing with respect to the broader range of potential non-residential uses for the subject lands and access issues; and,

  Whereas a Regional Committee of the Whole meeting is scheduled for October 15, 2020, to consider a Regional staff report seeking decisions on employment conversion requests and endorsement of employment area mapping to be included in the Regional Official Plan; and,

  Whereas the recommendations in the October 15, 2020 Regional staff report ‘Proposed Employment Area Mapping and Employment Conversions’, is for Regional Council to not approve the employment conversion requests submitted by Markham Woodmills Developments Inc (M8), and 1628740 Ontario Inc., 1628741 Ontario Inc. (M3);

   

  Therefore now be it resolved:

  1. That Regional Council be requested to defer consideration of the employment conversion request M8 Markham Woodmills Development Inc. until April 2021 to allow the City of Markham to continue to work with the landowner to identify a broader range of non-residential uses for the site and address access issues; and
  2. That Regional Council be requested to defer consideration of the employment conversion request M3 1628740 Ontario Inc. and 1628741 Ontario Inc. until April 2021 to allow the City of Markham to continue to identify a broader range of non-residential uses and to address site access issues in coordination with the adjacent landowner identified in Clause 1 of this Resolution; and further,
  3. That Markham staff be authorized and directed to do all things necessary to give effect to this resolution.
• M4 CORNELL ROUGE DEVELOPMENT CORPORATION, VARLESE BROTHERS ET AL, AND M7 NORFINCH CONSTRUCTION LTD

  Whereas York Region is undertaking an Official Plan Review through a municipal comprehensive review (MCR) process for a 2051 planning horizon; and,

  Whereas the Growth Plan for the Greater Golden Horseshoe, 2019, requires upper-tier municipalities, in consultation with lower-tier municipalities, to designate all employment areas in official plans and protect them for appropriate employment uses over the long term; and,

  Whereas City of Markham Council passed a resolution on February 11, 2020, to endorse the Cornell Rouge National Urban Park Gateway Study Final Report as a framework for the creation of a pedestrian-focused Gateway connecting Cornell Centre and the Rouge National Urban Park; and directed City staff to work with landowners and agencies in a block planning and land use exercise to determine the appropriate land uses, built form and streetscape design to achieve the Gateway vision; and,

  Whereas the lands subject to the employment conversion requests by Cornell Rouge Development Corporation, Varlese Brothers et al (17.9 hectares), and Norfinch Construction (0.75 hectares) located north and south of Highway 7 within the Gateway study area, offer a unique opportunity for uses other than strictly employment uses that complement the Rouge National Urban Park and contribute to the development of the Gateway; and,

  Whereas City of Markham Council passed a resolution on February 25, 2020 to postpone consideration of the Cornell Rouge Development Corporation, Varlese Brothers et al, and Norfinch Construction requests for conversion of employment lands to non-employment land uses to allow further evaluation through secondary plan [land use] studies; and,

  Whereas a Regional Committee of the Whole meeting is scheduled for October 15, 2020, to consider a Regional staff report seeking decisions on employment conversion requests and endorsement of employment area mapping to be included in the Regional Official Plan; and,

  Whereas two of the recommendations in the October 15, 2020 Regional staff report ‘Proposed Employment Area Mapping and Employment Conversions’, are for Regional Council to not approve the employment conversion requests submitted by Cornell Rouge Development Corporation, Varlese Brothers et al, and Norfinch Construction Ltd., and to map the lands as  employment areas in the Regional Official Plan;

   

  Therefore now be it resolved:

  1. That  Regional Council be requested to defer consideration of the employment conversion requests M4 Cornell Rouge Development Corporation, Varlese Brothers et al, and M7 Norfinch Construction Ltd until April 2021 to allow the City of Markham to continue to work with the landowners to confirm appropriate uses for the lands through a land use/built form study for the Cornell Rouge National Urban Park Gateway; and,
  2. That Markham staff be authorized and directed to do all things necessary to give effect to this resolution.

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 2020-91 to 2020-94 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2020-91 A BY-LAW TO ESTABLISH AND MAINTAIN A SYSTEM FOR THE COLLECTION AND DISPOSAL OF REFUSE IN THE CITY OF MARKHAM

13.2

BY-LAW 2020-92  2124123 ONTARIO LIMITED, PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Block 1 (inclusive), Registered Plan 65M-4595, located 16-52 William Saville Street, 2-40 Teasel Way, and 3932-3940 Highway 7 East.

13.3

BY-LAW 2020-93 EVANS PLANNING INC., NORTHWEST CORNER OF DEER PARK LANE AND ELIZABETH STREET (LOT 5), ZONING BY-LAW AMENDMENT

A By-law to amend By-law 1229, as amended, to permit a residential re-development.

(Item 8.2.2, Report 27)

13.4

BY-LAW 2020-94  ROAD DEDICATION BY-LAW (ACTIVE ROAD)

A by-law to dedicate certain lands as part of the highways of the City of Markham, Part Block 45, Plan 65M-3226 designated as Part 7, Plan 65R-37288 and Part Block 45, Plan 65M-3226 designated as Part 2, Plan 65R-38835 - Active Road.

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

GENERAL COMMITTEE - OCTOBER 5, 2020

14.1.1

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

General Committee consented to place this matter on the October 14, 2020 confidential Council agenda for consideration.

14.1.2

THE SECURITY OF THE PROPERTY OF THE CITY OR LOCAL BOARD – LEASE ASSIGNMENT (8.2) [Section 239 (2) (a)]

General Committee consented to place this matter on the October 14, 2020 confidential Council agenda for consideration.

14.2

DEVELOPMENT SERVICES COMMITTEE - OCTOBER 13, 2020

14.2.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [SECTION 239 (2) (e)] – LPAT APPEAL – 4389 19th AVENUE (WARD 6) (8.0)

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2020-95 be given three readings and enacted.

  Three Readings

  BY-LAW 2020-95 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF OCTOBER 14, 2020.
  No attachment

16.

ADJOURNMENT