Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 1

Tuesday, January 26, 2021 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 - DECEMBER 9, 2020; DECEMBER 16, 2020 AND DECEMBER 14, 2020 SPECIAL COUNCIL TRAINING AND EDUCATION MINUTES (10.0)

• 1. That the Minutes of the Council Meeting held on December 9, 2020; December 16, 2020 and the December 14, 2020 Special Council Education Session, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

1-2021 - LIQUOR LICENCE APPLICATION - ROADSIDE HOT POT (WARD 8) (3.21)

(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.

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. Tamil Heritage Month - January 2021
     2. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2021
     3. Firefighter's National Memorial Day - September 12, 2021
     4. Police and Peace Officers' National Memorial Day - September 26, 2021
     5. National Day of Remembrance and Action on Violence Against Women - December 6, 2021
     6. Nanjing Massacre Day - December 13, 2021
     7. Republic Day of India - January 26, 2021
  2. 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. Day of Mourning for Workers Killed or Injured on the Job - April 28, 2021 (Organized by The City of Markham)
     2. Firefighter's National Memorial Day - September 12, 2021 (Organized by The City of Markham)
     3. Police and Peace Officers' National Memorial Day - September 26, 2021 (Organized by The City of Markham)
     4. National Day of Remembrance and Action on Violence Against Women - December 6, 2021 (Organized by The City of Markham)

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 1 - GENERAL COMMITTEE (JANUARY 18, 2021)

Please refer to your January 18, 2021 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.1.1

EMERALD ASH BORER NEXT STEPS PROGRAM - FINAL UPDATE (6.3)

• 1. That the memorandum entitled “Emerald Ash Borer (EAB) Program Completion Summary” dated January 18, 2021 be received; and,
  2. That at project completion, the remaining funds in project #16165 – Emerald Ash Borer, in the amount of $111,682 be returned to the Life Cycle Replacement and Capital Reserve; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 2 - DEVELOPMENT SERVICES COMMITTEE (JANUARY 25, 2021)

Please refer to your January 25, 2021 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

REQUEST FOR DEMOLITION 12 IMPERIAL COLLEGE LANE (FORMERLY 9900 MARKHAM ROAD), WILLIAM CLARRY HOUSE, SUNNY COMMUNITIES, WARD 6 (16.11 & 10.13)

• 1. That the staff report titled “Request for Demolition, 12 Imperial College Lane (formerly 9900 Markham Road), William Clarry House, Sunny Communities, Ward 6”, dated January 25, 2021, be received; and,
  2. That Council, with regret, support the demolition of the William Clarry House subject to the owner providing the following:
     1. Compensation in the form of a $200,000 contribution to the City’s Heritage Preservation Account (087 2800 115) so that the financial contribution can be used on other municipal heritage projects in the community;
     2. Provision and installation of an historical interpretative plaque to celebrate the William Clarry House, to be placed in a publicly visible location on the original property, and designed according to the specifications of the "Markham Remembered" program; and
     3. The lot intended for the heritage dwelling within the subdivision be designed and constructed as a parkette, at the owner’s expense to the City’s specifications, with a public easement over the site to the satisfaction of the City; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

CITY OF MARKHAM COMMENTS ON PLANNING ACT PROVISIONS REGARDING ENHANCED MINISTERIAL AUTHORITY TO ADDRESS AND IMPLEMENT SITE PLAN MATTERS AND INCLUSIONARY ZONING AS PART OF A ZONING ORDER (ENVIRONMENTAL REGISTRY OF ONTARIO POSTING #019-2811) (10.5)

• 1. That the report entitled, “City of Markham Comments on Planning Act Provisions Regarding Enhanced Ministerial Authority to Address and Implement Site Plan Matters and Inclusionary Zoning as Part of a Zoning Order (Environmental Registry of Ontario Posting #019-2811)”, dated January 25, 2021, be received; and,
  2. That this report be forwarded to the Ministry of Municipal Affairs and Housing as the City of Markham’s comments on the Province’s request for input on Planning Act provisions regarding enhanced ministerial authority to address and implement site plan matters and inclusionary zoning as part of a Zoning Order; and,
  3. That the City of Markham not support the enhanced authority to address site plan matters in a Minister’s Zoning Order and recommends that it be repealed; and,
  4. That should the Minister maintain the enhanced authority to address site plan matters through a Minister’s Zoning Order, the City of Markham recommends that it only apply to situations where the site plan is supported by the Council of that municipality; and,
  5. That the City of Markham supports the minister’s enhanced authority to require inclusionary zoning for affordable housing and recommends that the Minister only exercise this authority following consultation with the affected municipality to address local planning and implementation matters and where the Council of the municipality supports the issuance of the MZO; and,
  6. That the Minister be requested to ensure appropriate public involvement opportunities are available relative to Minister’s Zoning Order (MZO) matters and report back and advise all local municipalities including, the City of Markham on how this process will be completed; and further,
  7. That staff be authorized and directed to do all things necessary to give effect to the 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 2021-1 to 2021-9 and 2021-11 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2021-1 A BY-LAW TO AMEND STOP BY-LAW 106-71 (65M-4562 and 65M-4595)

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

13.2

BY-LAW 2021-2 A BY-LAW TO AMEND SPEED BY-LAW 2017-104 (65M-4562 and 65M-4595)

To establish a maximum speed limit of 40 kilometres per hour on specific streets within the City of Markham.

13.3

BY-LAW 2021-3 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule E of the Parking By-law pertaining to “No Stopping Zone”.

13.4

BY-LAW 2021-4 A BY-LAW TO AMEND PARKING BY-LAW 2005-188

To amend Schedule D of the Parking By-law pertaining to “Parking for a Restricted Period".

13.5

BY-LAW 2021-5 A BY-LAW TO AMEND PARKING BY-LAW 2005-188 (65M-4562 and 65M-4595)

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

13.6

BY-LAW 2021-6 MONARCH BERCZY GLEN DEVELOPMENT LIMITED, MATTAMY WALMARK DEVELOPMENT LTD., MATTAMY (MONARCH) LTD., E.M.K. CONSTRUCTION LTD. AND TREELAWN CONSTRUCTION LTD.,

3319 ELGIN MILLS ROAD EAST AND 10521 WOODBINE AVENUE, SOUTH OF ELGIN MILLS ROAD EAST, EAST OF THE ONTARIO HYDRO CORRIDOR, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 304-87, as amended, and By-law 177-96, as amended,  to facilitate the development of a residential plan of subdivision.

(Item 8.1.3, Report 3, February 11, 2020 Council Meeting)

13.7

BY-LAW 2021-7 ROAD DEDICATION BY-LAW

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

1. Block 4, Plan 65R-4562 - Frank Charlton Avenue
2. Block 5, Plan 65R-4562 - Buchanan Drive
3. Block 6, Plan 65R-4562 - William Saville Street

 

13.8

2021-8 A BY-LAW TO AMEND BY-LAW 211-79 BEING A BY-LAW TO DESIGNATE BRIARWOOD FARM-JAMES MCLEAN HOUSE, 4031 SIXTEENTH AVENUE

(Item 8.1.2, Report 14, April 2, 2019 Council Meeting)

13.9

BY-LAW 2021-9 A BY-LAW TO AMEND BY-LAW 4-78 BEING A BY-LAW TO DESIGNATE ECKARDT-STIVER HOUSE, 206 MAIN STREET, UNIONVILLE

(Item 8.1.1, Report 14, April 2, 2019 Council Meeting)

13.10

BY-LAW 2021-11 A BY-LAW TO AMEND BY–LAW 2005-188 BEING A BY-LAW TO GOVERN AND CONTROL THE PARKING OF VEHICLES IN 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

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - DECEMBER 9, 2020 AND DECEMBER 14, 2020 SPECIAL COUNCIL EDUCATION AND TRAINING MINUTES (16.0)

14.1.2

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)]

14.1.3

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)]

14.2

GENERAL COMMITTEE

14.2.1

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (16.11) [SECTION 239 (2)(b)]

14.2.2

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; PROPOSED ACQUISITION OF REAL PROPERTY (8.6) [SECTION 239 (2) (c)]

14.2.3

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

14.3

NEW/ OTHER BUSINESS

14.3.1

DEVELOPMENT SERVICES COMMITTEE CONFIDENTIAL MINUTES – DECEMBER 8, 2020 (10.0) [Section 239 (2) (h)]

14.3.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – 201 HELEN AVENUE (8.0) [SECTION 239 (2) (e)]

14.3.3

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – YONGE AND STEELES DEVELOPMENTS INC. (8.0) [SECTION 239 (2) (e)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-10 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-10 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JANUARY 26, 2021.
  No attachment

16.

ADJOURNMENT