Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 13

Tuesday, September 28, 2021 at 1:00 P.m. - 4:30 P.m.

Live streamed

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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 - JULY 27, 2021 AND AUGUST 26, 2021 SPECIAL COUNCIL MEETING

• 1. That the Minutes of the July 27, 2021 Council meeting and the August 26, 2021 Special Council Meeting, be adopted.

4.

PRESENTATIONS

4.1

PRESENTATION - ASSOCIATION OF MUNICIPALITIES OF ONTARIO - 2021 PJ MARSHALL INNOVATION AWARD (12.2.6)

No Attachment

The following staff from the Waste Management Division will be in attendance to be recognized by Council for the 2021 PJ Marshall Innovation Award:

• Morgan Jones, Commissioner, Community Services
• Eddy Wu, Director, Environmental Services
• Claudia Marsales, Senior Manager, Waste and Environmental Management
• Michael DiPasquale, Supervisor, Waste Management
• Juliana Aparicio, Waste Operations Assistant, Environmental Services
• Kimberley Dunsmoor, Supervisor, Waste Diversion Programs
• Holena Newton, Water Conservation Program Specialist
• Farid Parhami, The Recycle People

5.

DEPUTATIONS

5.1

DEPUTATION - APPLICATION FOR A HERITAGE PERMIT TO ADDRESS HERITAGE EASEMENT AGREEMENT REQUIREMENTS TO PERMIT A REAR YARD SPORTS PAD AND ACCESSORY BUILDING, 233 MAIN STREET, UNIONVILLE, WARD 3 (16.11)

Margaret Hough will address Council on this matter.

(See item 8.2.1, Report 29)

6.

COMMUNICATIONS

6.1

14-2021 LIQUOR LICENCE APPLICATION - TERRE ROUGE CRAFT KITCHEN (WARD 3) (3.21)

(New liquor licence for indoor and outdoor areas)

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

6.2

15-2021 LIQUOR LICENCE APPLICATION - LAZ AUTHENTIC CUISINE, INC. (WARD 5) (3.21)

(New liquor licence for indoor and outdoor areas)

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

6.3

16-2021 SPECIAL OCCASION PERMIT - GRAVEL RUN FOR LYME (WARD 6) (3.21)

Requesting an approval from the City of Markham to designate the Gravel Run for Lyme charity event being held on October 16, 2021 from 8:00 a.m. to 5:00 p.m. at 10801 McCowan Road, as an event of Municipal Significance. The City's designation is a requirement of the Alcohol and Gaming Commission of Ontario (AGCO) to support the application of a Special Occasion Permit to be utilized in conjunction with the Gravel Run for Lyme charity event.

• 1. That the request for the City of Markham for a Special Occasion Permit be received and approved, subject to compliance with all applicable by-laws, regulations and City requirements for special occasion permits with respect to temporary facilities, and further;
  2. That the City of Markham recognize the Gravel Run for Lyme charity event as an event of "Municipal Significance".

6.4

17-2021 LIQUOR LICENCE APPLICATION SYMPOSIUM CAFE RESTAURANT AND LOUNGE - (WARD 1) (3.21)

(New liquor licence for indoor and outdoor areas)

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

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUEST (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. Pulmonary Fibrosis Awareness Month - September 2021
     2. Public-Rail Safety Week - September 20-26, 2021
     3. Show Your Local Love Day - September 23, 2021
     4. Franco-Ontarian Day - September 25, 2021
     5. Dyslexia Awareness Month - October 2021
     6. Rett Syndrome Awareness Month - October 2021
     7. Child Care Worker and Early Childhood Educator Appreciation Day - October 21, 2021
  2. That the following new requests 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. Up Your Life Day - September 10, 2021
     2. International Peace Day - September 21-28, 2021
     3. National Day of Truth and Reconciliation - September 30, 2021
     4. Orange Shirt Day - September 30, 2021
  3. That the following new requests for proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Andre De Grasse Day - August 4, 2021
     2. Jayde Riviere Day - August 6, 2021
     3. Steven Stamkos Day - August 28, 2021
     4. Zachary Gingras Day - August 31, 2021
     5. Marissa Papaconstantinou Day - September 3, 2021
  4. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
     1. Franco-Ontarian Day - September 25, 2021; (Organized by L'Association des Francophone de la region de York)
  5. That the following request for flag to be flown at half-mast at all municipal facilities, 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 Truth and Reconciliation - September 30, 2021; (Organized by The City of Markham)

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 28 - GENERAL COMMITTEE (SEPTEMBER 13, 2021)

Mayor and Members of Council:

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

8.1.1

TAX ADJUSTMENT UNDER SEC. 357 & 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 $539,344 be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $41,040; 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.

8.1.2

MARKHAM VILLAGE / UNIONVILLE STUDY COMPLETION (5.6)

• 1. That the report entitled “Markham Village & Unionville Areas Flood Control Feasibility Study Completion” be received; and,
  2. That Council endorse the recommended solution including Sewer Upgrades, Flow Diversions, and System Optimization identified in the Markham Village & Unionville Areas Flood Control Feasibility Study; and,
  3. That Staff expand the current watercourse inspection maintenance program to include priority watercourses for debris identification/ blockage removal in 2022;
  4. That a follow up presentation and summary be provided at the upcoming General Committee meeting on October 18, 2021; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this Resolution.

   

8.1.3

ASSET MANAGEMENT PLAN (7.0)

• 1. That the presentation titled “2021 Asset Management Plan (AMP) Endorsement” be received; and,
  2. That Council endorse the 2021 Asset Management Plan (AMP) and adopt the proposed asset management strategy and framework; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 29 - DEVELOPMENT SERVICES COMMITTEE (SEPTEMBER 27, 2021)

Mayor and Members of Council:

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

8.2.1

APPLICATION FOR A HERITAGE PERMIT TO ADDRESS HERITAGE EASEMENT AGREEMENT REQUIREMENTS TO PERMIT A REAR YARD SPORTS PAD AND ACCESSORY BUILDING, 233 MAIN STREET, UNIONVILLE, WARD 3 (16.11)

• Whereas the owner of 233 Main Street has constructed a 60 foot by 80 foot concrete outdoor hockey/multi-purpose sports pad and is retroactively seeking a Heritage Permit to retain it; and,

  Whereas the owner of 233 Main Street has indicated an intention to construct an accessory building and has constructed a concrete base of 30.33 square meters for it and has applied for a Heritage Permit for its retention and construction of the building; and,

  Whereas 233 Main Street is individually designated under the Ontario Heritage Act and located within the Unionville Heritage Conservation District; and,  

  Whereas 233 Main Street is governed by a Heritage Easement Agreement with the City that requires City approval for an owner to undertake certain works on the property; and,

  Whereas the Heritage Markham Advisory Committee has indicated that it does not support the Heritage Permit application for 233 Main Street and recommended refusal of the Heritage Permit; and,

  Whereas the owner has illegally removed a number of mature trees from the property and has altered the grading and topography of the property without supporting studies or permission from the City;

   

  Now therefore be it resolved:

   

  1. That the report titled “Application for a Heritage Permit to address Heritage Easement Agreement requirements to permit a rear yard sports pad and accessory building, 233 Main Street, Unionville, Ward 3”, dated September 27, 2021, be received; and,
  2. That the written submissions by Shanta Sundarson, Randy and Nancy Homes, David Tang, Jeffrey Smith, Jianfeng Kuang, Martin Ross, Margaret Hough and Jean-Pierre Gagnon, Unionville Residents Association, and Sam Markovski, regarding the Application for a Heritage Permit to address Heritage Easement Agreement Requirements to Permit a Rear Yard Sports Pad and Accessory Building, 233 Main Street, Unionville, Ward 3, be received for information purposes: and,
  3. That the deputations by Jean-Pierre Gagnon, Nancy Homes, Grant Aitken, and Michael Gannon regarding the Application for a Heritage Permit to address Heritage Easement Agreement Requirements to Permit a Rear Yard Sports Pad and Accessory Building, 233 Main Street, Unionville, Ward 3, be received for information purposes; and, 
  4. That the legal advice from the City Solicitor be received; and,
  5. That the application for a Heritage Permit pursuant to the Heritage Easement Agreement for 233 Main Street to allow for the retention of an outdoor concrete hockey/multi-purpose sports pad be denied; and,
  6. That the application for a Heritage Permit to construct an accessory building with a concrete base of 30.33 square meters be denied; and,
  7. That staff be authorized to seek restoration of the property to the original state to the satisfaction of the City, and if necessary, utilize the legal processes available to the City as deemed necessary and to the satisfaction of the City Solicitor.

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".

11.1

NEW/ OTHER BUSINESS - DECLARATION OF SURPLUS LANDS - 4600 STEELES AVENUE (8.6)

Notice of Proposed Sale
City of Markham
Proposed Sale of Surplus Real Property
(Pursuant to By-law 178-96)

• 1. That the notice of proposed sale for the City owned lands legally described as Units 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 43, Level A, York Region Standard Condominium Plan No. 1198, City of Markham, be confirmed.

  (In-Camera Item No. 14.2.1, June 8, 2021 Council Meeting)

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2021-67 to 2021-73 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2021-67 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking” (65M-4364).

13.2

BY-LAW 2021-68 A BY-LAW TO AMEND SPEED BY-LAW 2017-104

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham (65M-4364).

13.3

BY-LAW 2021-69 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

To add compulsory stops at specific intersections within the City of Markham (65M-4364).

13.4

BY-LAW 2021-70 A BY-LAW TO AMEND A BY-LAW 2019-53 (WATER USE BY-LAW) BEING A BY-LAW TO ENACT RULES AND REGULATIONS COVERING THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A WATERWORKS SYSTEM

WITHIN THE SERVICED AREA OF THE CITY OF MARKHAM (AMENDMENT TO WATER USE BY-LAW 2019-53)

13.5

BY-LAW 2021-71 A BY-LAW TO ESTABLISH STREETS LAID OUT ACCORDING TO PLAN OF SUBDIVISION 65M-4364 AS A PUBLIC HIGHWAY PART OF LOTS 12, 13 AND 14, CONCESSION 9 (CORNELL ROUGE DEVELOPMENT CORP.)

13.6

BY-LAW 2021-72 CULTURAL HERITAGE BY-LAW (THOMAS FRISBY JR. HOUSE)

A by-law to designate a property as being of Cultural Heritage Value or Interest - Thomas Frisby Jr. House

(Item No. 8.4.1, Report 22, June 29, 2021 Council meeting)

13.7

BY-LAW 2021-73 A BY-LAW TO AMEND BYLAW 2018-19 BEING A BYLAW TO IMPLEMENT TRAIN WHISTLE CESSATION TO INCLUDE ADDITIONAL LOCATIONS

14.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-74 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-74 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF --SEPTEMBER 28, 2021.
  No attachment

15.

CONFIDENTIAL ITEMS

15.1

COUNCIL

15.1.1

APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 27, 2021 AND AUGUST 26, 2021 SPECIAL COUNCIL MEETING (10.0)

15.1.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [Section 239 (2) (e)] AND

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE - OLT APPEAL ANGUS GLEN SECONDARY PLAN [Section 239 (2) (f)] (8.0)

15.2

DEVELOPMENT SERVICES COMMITTEE

15.2.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; OLT APPEAL OLT APPEAL 28 MAIN STREET UNIONVILLE (8.0) [SECTION 239 (2) (f)] 

15.2.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD – OLT APPEAL YONGE CORRIDOR AND YONGE STEELES SECONDARY PLAN (8.0) [Section 239 (2) (e)]

15.2.3

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [Section 239 (2) (e)] AND

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; HERITAGE EASEMENT (16.11) [SECTION 239 (2) (f)] 

16.

ADJOURNMENT