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

Meeting No. 8

Tuesday, May 17, 2022 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 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.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - APRIL 26, 2022

• 1. That the Minutes of the Council Meeting held on April 26, 2022, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

16-2022 SPECIAL OCCASION PERMIT - CHAMPAGNE AND GAME (WARD 4) (3.21)

Requesting an approval from the City of Markham to designate Champagne and Game to be held on August 13, 2022 at 7pm -  12 midnight at 60 Main Street North, #3, Markham, L3P 1X5, 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 the event Champagne and Game.

• 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 Champagne and Game as an event of "Municipal Significance".

6.2

17-2022 COMMUNICATION - EVENT ON AUGUST 13 AT DEN THREE SIXTY 

That the written communication from Janet Rattray on "Event on August 13 at Den Three Sixty", be received.

(See Item 6.1, Communications)

7.

PROCLAMATIONS

7.1

PROCLAMATIONS (3.4)

No Attachment

• 1. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. Platinum Jubilee Week - June 2 to 5, 2022

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 19 - GENERAL COMMITTEE (MAY 9, 2022)

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 6):

8.1.1

2023 TEMPORARY BORROWING BY-LAW (7.3)

• 1. That the report titled “2023 Temporary Borrowing By-law”  be received; and, 
  2. That a by-law be brought forward for Council approval to authorize the temporary borrowing, if required, of amounts not to exceed $211,727,414 from January 1, 2023 to September 30, 2023 and $105,863,707 from October 1, 2023 to December 31, 2023 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and,
  3. That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

2023 INTERIM SPENDING AUTHORITY PENDING APPROVAL OF BUDGET (7.0)

• 1. That the report titled “2023 Interim Spending Authority Pending Approval of Budget”, be received; and,
  2. That Council approve 50% of the City’s 2022 Operating, Waterworks, Planning & Design, Building Standards and Engineering budgets, equal to $211,727,414, as a pre-budget approval for 2023 operating expenditures; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

2023 INTERIM SPENDING AUTHORITY PENDING APPROVAL OF UNIONVILLE AND MARKHAM VILLAGE IMPROVEMENT AREAS BUDGET (7.0)

• 1. That the report titled “2023 Interim Spending Authority Pending Approval of Unionville and Markham Village Business Improvement Area Budgets”, be received; and, 
  2. That Council approve 50% of the 2022 Operating Budget equivalent to the amounts of $200,000 for the Unionville BIA (UBIA) and $165,455 for the Markham Village BIA (MBIA) as pre-budget approval for 2023 operating expenditures; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.4

042-T-22 CATHODIC PROTECTION OF IRON WATERMAINS (7.12)

• 1. That the report entitled “042-T-15 Cathodic Protection of Iron Watermains – Contract Extension (2022 – 2025)” be received; and, 
  2. That the contract for Cathodic Protection of Iron Watermains be extended for four (4) additional years with 1460973 Ontario Limited O/A C.P. Systems (C.P. Systems) in the following amounts
     • 2022 - $575,788.61 + $46,063.09 (contingency) = $621,851.70
     • 2023 - $921,399.15 + $73,711.92 (contingency) = $995,111.08
     • 2024 - $715,545.79 + $57,243.66 (contingency) = $772,789.46
     • 2025 - $442,493.18 + $35,399.45 (contingency) = $477,892.64
       • 2023 -2025 award is subject to Council approval of the annual capital budget submission. The contingency amount is established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  3. That the tendering process for the Cathodic Protection of Iron Watermains be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (c); which states that “when the extension of an existing Contract would prove more cost-effective or beneficial”; and,
  4. That the 2022 award in the amount of $621,851.70 be funded from the capital project 053-6150-22201-005 “Cathodic Protection of Iron Watermains” with a budget amount of $479,500.00; and,
  5. That the shortfall of $142,351.70 ($621,851.70 - $479,500.00) in project #22201 “Cathodic Protection of Iron Watermains” be funded from waterworks Reserve; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution

8.1.5

070-T-22 CAST IRON WATERMAIN REPLACEMENT IN SOUTHDALE/ GLADIATOR/ WALKERTON AREAS (7.0)

• 1. That the report entitled “070-T-22 Cast Iron Watermain Replacement in Southdale Dr Area” be received; and,
  2. That the contract for Tender 070-T-22 Cast Iron Watermain Replacement in Southdale Dr/ Gladiator Rd/ Walkerton Dr be awarded to the lowest priced Bidder, Rabcon Contractors Ltd. in the amount of $5,278,291.20, inclusive of HST; and,
  3. That a 10% contingency in the amount of $527,829.12 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the construction award in the amount of $5,806,120.32 ($5,278,291.20 + $527,829.12) be funded from the capital project 053-6150-22202-005 “CI Watermain Replacement – Construction & CA” with budget available of $5,027,885.00; and,
  5. That the shortfall of $778,235.32 in project #22202 “CI Watermain Replacement – Construction & CA” be funded from Waterworks Reserve; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.6

113-S-22 SUPPLY AND DELIVERY OF TWO (2) AUXILIARY VEHICLES (7.15)

• 1. That the report entitled “113-S-22 Supply and Delivery of Two (2) Auxiliary Vehicles for Fire & Emergency Services” be received; and,
  2. That the contract for the supply and delivery of two (2) auxiliary vehicles (Drago apparatus with UHP units) for Fire & Emergency Services be awarded to Camions Carl Thibault Inc. in the amount of $1,711,000.78, inclusive of HST; and,
  3. That a new 2022 capital project be established in the amount of $1,711,000.78 to be funded from Fire Development Charges; and,
  4. That the tendering process be waived in accordance with Purchasing By-Law 2017-18, Part II, Section 11 (1) (b) which states, where there is only one source of supply for the goods to be purchased and (e) “where the City is acquiring specialized vehicles in which case the sources of supply may be identified based on technical specifications prepared by the User Department; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 20 - DEVELOPMENT SERVICES COMMITTEE (MAY 10, 2022)

Mayor and Members of Council:

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

8.2.1

RECOMMENDATION REPORT CULTURAL HERITAGE RESOURCES STRATEGY, NORTH DISTRICT EMPLOYMENT LANDS (MiX) (WARD 2)(10.0)

• 1. That the report entitled “Recommendation Report, Cultural Heritage Resource Strategy, North District Employment Lands (MiX), Ward 2”, dated May 10, 2022, be received; and,
  2. That the study entitled “Cultural Heritage Resource Strategy - City of Markham North District Employment Lands (MiX)” prepared by MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) in association with George Robb Architect and urbanMetrics be endorsed in principle to guide staff in addressing cultural heritage resources in the North District Employment Lands; and,
  3. That staff be directed to initiate an Official Plan Amendment to address the suggested changes to the Official Plan’s cultural heritage policies related to the MiX area; and further,
  4. That staff investigate the possibility of implementing a cost sharing strategy when the relocation of cultural heritage resources is under consideration, and to investigate the possibility of relocating the building at 9404 Markham Road (Raymer-Wambold House) to Markham Heritage Estates.
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

RECOMMENDATION REPORT AMENDMENT TO HERITAGE DESIGNATION BY-LAWS MULTIPLE PROPERTIES IN THE CITY (WARDS 2, 3, 4, 5, 6, 7, 8) (10.0)

• 1. That the staff report titled, “Amendment to Heritage Designation By-laws, Multiple Properties, Wards 2, 3, 4, 5, 6, 7, 8”, dated May 10, 2022, be received; and,
  2. That the Heritage Designation By-laws for the following municipal property addresses be amended to correct legal descriptions of property, add property descriptions, and revise Statements of Cultural Heritage Value or Interest to remove extraneous information and add heritage attributes:
     1. 60 Maple Parkway (formerly 4438 Fourteenth Avenue)
     2. 15 Heritage Corners Lane (formerly 9251 Highway 48 North)
     3. 99 Thoroughbred Way (formerly 9804 McCowan Road)
     4. 43 Castleview Crescent (formerly 10077 Woodbine Avenue)
     5. 8 Green Hollow Court (formerly 9516 Ninth Line)
     6. 20 Mackenzie’s Stand Avenue (formerly 8083 Warden Avenue)
     7. 8 Wismer Place (formerly 10391 Woodbine Avenue)
     8. 9899 Markham Road (formerly 9899 Highway 48)
     9. 628 Wilfred Murison Avenue (formerly 9486 McCowan Road)
     10. 7 Bewell Drive (formerly 7447 Ninth Line); and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

PREPARING FOR THE IMPACT OF STUDENT HOUSING IN MARKHAM (10.0)

• WHEREAS, in September 2023, students are anticipated to start enrolling at York University’s new Markham Campus, and,

  WHEREAS, York University Markham Campus will have a student body of 4,200 within four years, and,

  WHEREAS, a significant portion of York University Markham students are expected to rent in Markham near the campus, and,

  WHERAS, York University has commissioned a student housing study but has not shared this with the City, and,

  WHEREAS, York University understands that student housing near Markham Campus including rooming houses and condos could become problematic, and is currently in the early stages of working with the private sector to develop a purpose-built student residence, and,

  WHEREAS, the City of Markham has no information at its disposal to indicate whether efforts noted above will meet student housing needs for the new York University Markham Campus, and,

  WHEREAS, it is a common problem for municipalities across the county in which post-secondary institutions are located that they face major issues with illegal student accommodation around the school, and,

  WHEREAS, illegal rooming houses have been discovered in Scarborough near the University of Toronto Scarborough and Centennial College Morningside Campuses, where students have been living in unsafe conditions with as many as 11 in separate rooms under the same roof and paying individual rent, thus violating zoning regulations, and,

  WHEREAS, the City of Toronto has recently put forward A New Regulatory Framework for Multi-tenant Houses to amend zoning and licensing-bylaws that have allowed for unlicensed operations and unsafe living conditions for tenants, and,

  WHEREAS, the City of Oshawa solved their problem of illegal and unsafe rooming houses and bad student behaviour near Ontario Tech University (formerly UOIT) by requiring a licence to rent most properties and by offering incentives for developers to build purpose-built student accommodation, and,

  WHEREAS, on January 24^th, Oshawa Council directed staff to undertake a consultation regarding a potential city-wide expansion to its Residential Rental Housing Licensing program and they are currently in the process of such consultation, and,

  WHEREAS, the City of Hamilton has recently launched its two-year Rental Housing Licensing pilot program mandating property owners in certain parts of the city to apply for a rental licence for every rental property with four or fewer dwelling units as a response to illegal dwelling and secondary suite units, absentee landlords, poor property standards and inadequate yard maintenance, and,

  WHEREAS, poor maintenance of rental properties is already a common problem in Markham, and,

  WHEREAS, illegal and unsafe rooming houses accommodating students and others are known to already exist in Markham, and,

  WHEREAS, the experiences of GTHA municipalities which are home to postsecondary institutions clearly demonstrate the importance of proactive planning in anticipation of the new York University Markham Campus, and,

  WHEREAS, without foresight and proper planning, the City of Markham will likely experience the same issues as other GTHA municipalities,

  NOW FURTHER BE IT RESOLVED THAT Markham Council direct City staff to report back to the Development Services Committee on the potential implications of student housing around York University Markham Campus and elsewhere in the city, and on viable solutions to address these anticipated issues.

   

8.3

REPORT NO. 21 - DEVELOPMENT SERVICES COMMITTEE (MAY 16, 2022)

Mayor and Members of Council:

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

8.3.1

YORK REGION 2022 TRANSPORTATION MASTER PLAN - RESPONSE TO DSC COMMENTS (13.4)

• 1. That the presentation on York Region’s response to the Development Services Committee’s Comments on the York Region 2022 Transportation Master Plan, be received; and,
  2. That Markham Council request that York Region revise or review its 2022 Transportation Master Plan to reflect the updated population figures for Thornhill; and further,
  3. That Markham Council also request York Region to continue to work with Metrolinx on determining if grade separations or elevated tracks is the best and most cost effective model for Markham’s Stouffville GO rail corridors in crossing the road network.

8.3.2

REQUEST FOR DEVELOPMENT CHARGES DEFERRAL FROM PARYA TRILLIUM FOUNDATION (10.0)

• 1. That the letter from Amhad Tabazi, Founder and President, Parya Trillium Foundation, requesting a five year deferral, or an exemption of Markham’s Development Charges, be received, and,
  2. That the City defer the Parya Trillium Foundation’s Markham portion of the Development Charges for five years with no Letter of Credit required, and with no interest charged; and,
  3. That staff evaluate and report back on the possibility of providing the Parya Trillium Foundation with a full exemption of Markham’s Portion of the Development Charges; and further,
  4. That the City request that York Region defer its portion of the Parya Trillium Foundation Development Charges for five years. 
     
     

8.3.3

ROAD SAFETY STRATEGIC PLAN DEVELOPMENT UPDATE (10.0)

• 1. That the report and staff presentation entitled “Road Safety Strategic Plan Development Update” be received; and,
  2. That staff collaborate with York Region to develop a Road Safety Strategic Plan based on the combined study Terms of Reference and key deliverables described in this report; and,
  3. That staff report back at key milestones during the development of the combined Road Safety Strategy, including on the proposed study design and consultation program; and,
  4. That staff be directed to review the City’s policy in regards to installing speed humps and other vertical traffic calming measures on local roads in consultation with Operations Department, Fire Services, York Region Transit and Emergency Management Services (EMS), and report back to the Development Services Committee; and,
  5. That staff also be directed to look at: 1) improving road safety through public education; 2) improving road safety through purchasing additional radar speed display boards; and 3) if there is an opportunity to improve the road safety of areas of critical concern prior to the completion of Road Safety Strategic Plan; and further,
  6. That staff be 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".

11.1

NEW/ OTHER BUSINESS - QUEEN ELIZABETH II  PLATINUM JUBILEE CELEBRATION (12.2.6)

• Whereas, on February 7, 2022, the Government of Canada launched Platinum Jubilee celebrations for Her Majesty Queen Elizabeth II, marking the 70th anniversary of her accession to the Throne; and,

  Whereas, the City of Markham offers its congratulations to Her Majesty The Queen upon the historic occasion of being Canada's longest reigning Sovereign and the first to celebrate a platinum jubilee; and,

  Whereas, throughout the year, events will be held to honour Her Majesty's reign and celebrate Canadian achievements over the past seven decades. Canadians are invited to celebrate the Jubilee in their own unique ways; and,

  Whereas, on June 2, 2022, the anniversary of Her Majesty's Coronation Day, federal buildings in Canada's Capital Region and elsewhere across the country will be illuminated. The illuminations will be conducted alongside other Commonwealth countries and cities including Canada.

   

  NOW THEREFORE BE IT RESOLVED:

  1. That the City of Markham participate in the National Illumination Initiative on June 2, 2022, to illuminate the Markham Civic Centre in purple; and,
  2. That the City of Markham illuminate the Markham Road and Steeles Avenue Gateway Sign in purple from June 2 to June 5 to celebrate Platinum Jubilee Week in Markham; and,
  3. That a virtual book of congratulations be launched by the City of Markham encouraging residents to submit well wishes to Her Majesty; and,
  4. That the City of Markham use its corporate communications channels to celebrate Her Majesty’s Platinum Jubilee and to inform residents of the importance of the milestone; and further,
  5. That a copy of this resolution be provided to the Prime Minister, the Governor General, the Lieutenant Governor of Ontario, and Markham MPs.

   

11.2

NEW/ OTHER BUSINESS - FORMAT FOR THE MAY 26, 2022 SPECIAL DEVELOPMENT SERVICES COMMITTEE MEETING (16.0)

• 1. That the presentation for the Format of the May 26, 2022 Special Development Services Committee Meeting, be received.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2022-34 to 2022-43 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2022-34 FOREST BAY HOMES, PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 152, Registered Plan 65M-4619, south-west corner of Kirkham Drive and south of Denison Street.   

13.2

BY-LAW 2022-35 MATTAMY (BERCZY GLEN) 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, Blocks 107, 108, 109 and 110, Registered Plan 65M-4708, south of Elgin Mills Road East and east of Victoria Square Boulevard.  

13.3

BY-LAW 2022-36 MATTAMY WALMARK DEVELOPMENTS LIMITED; E.M.K CONSTRUCTION LIMITED; AND, TREELAWN CONSTRUCTION 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, Blocks 41, 42 and 43, Registered Plan 65M-4709, south of Elgin Mills Road and east of Victoria Square Boulevard. 

13.4

BY-LAW 2022-37 ROAD DEDICATION BY-LAW (RINAS AVENUE)

A by-law to dedicate certain lands as part of the highways of the City of Markham (Block 91, Plan 65M-4312, Block 49, Plan 65M-4709 and Parts 1, 2, and 3 Plan 65R-39121 - Rinas Avenue)

13.5

BY-LAW 2022-38 ROAD DEDICATION BY-LAW (RUSTLE WOODS AVENUE; DIAMONDWOOD ROAD)

A By-law to dedicate certain lands as part of the highways of the City of Markham:

1. Part of Lot 11, Concession 9, designated as Parts 3, 4, 5, 6, 7, 8, 14, 18, 19, 20, 21, 22, 27, 28, 29, 41, 42 and 43, Plan 65R-37642 - Rustle Woods Avenue.
2. Part of Lot 11, Concession 9, designated as Parts 1, 2, 9 11, and 12, Plan 65R-37642 - Diamondwood Road.

13.6

BY-LAW 2022-39 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.

13.7

BY-LAW 2022-40 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.

13.8

BY-LAW 2022-41 A BY-LAW TO AMEND TRAFFIC BY-LAW 106-71

To add compulsory stops at specific intersections within the City of Markham.

13.9

BY-LAW 2022-42 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule C of the Parking By-law pertaining to “Prohibited Parking”.

13.10

BY-LAW 2022-43 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.

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 - MAY 9, 2022

14.1.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES (7.0); [WARD 4, 5, 6, 7 & 8] [SECTION 239 (2) (b)]

The Committee consented to place this item on the May 17, 2022 Confidential Council Meeting Agenda for consideration. 

14.2

NEW/ OTHER BUSINESS

14.2.1

PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY CITY OR LOCAL BOARD (WARD 8) (8.6); [SECTION 239 (2)(c)] 

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2022-44 be given three readings and enacted.

  Three Readings

  BY-LAW 2022-44 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF  MAY 17, 2022.
  No attachment

16.

ADJOURNMENT