Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 6

Tuesday, May 04, 2021 at 1:00 P.m. - 4:30 P.m.

Live streamed

Note: Due to COVID-19, our facilities are closed to the public. Access is not permitted to the Markham Civic Centre and Council Chamber.

Members of the public can participate by:

 

1. VIEWING THE ONLINE LIVESTREAM
Council meetings are video and audio streamed at: https://pub-markham.escribemeetings.com/

 

2. EMAILING A WRITTEN SUBMISSION:

Members of the public may submit written deputations by email to [email protected]. 

Written submissions must be received by 10:00 a.m. on Council meeting day*

* If the deadline for written submission has passed, you may:

a. Email your written submission directly to Members of Council; or

b. Make a virtual deputation at the meeting by completing and submitting an online Request to Speak Form

* If the deadline for written submission has passed and Council has finished debate on the item at the meeting, you may email your written submission directly to Members of Council.

 

3. REQUEST TO SPEAK / VIRTUAL DEPUTATION :

Members of the public who wish to make a live virtual deputation, please register prior to the start of the meeting by: 

1.Completing an online Request to Speak Form , or,

2. E-mail [email protected] providing full name, contact information and item they wish to speak, or,

3. If you do not have access to email, contact the Clerk's office at 905-479-7760 on the day of the meeting.

*If Council or Committee has finished debate at the meeting on the item, you may email your written submission directly to Members of Council. The list of Members of Council is available online at this link.

 

​Alternate formats for this document are available upon request.

Closed captioning during the video stream may be turned on by clicking the [cc] icon located at the lower right corner of the video screen.

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 - APRIL 20, 2021

• 1. That the Minutes of the Council Meeting held on April 20, 2021, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

4-2021 LIQUOR LICENCE APPLICATION - YANG'S BRAISED CHICKEN RICE (WARD 8) (3.21)

• 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

PROCLAMATIONS (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. 1. Nursing Week - May 10 to 16, 2021
     2. Multiple Sclerosis Awareness Day - May 19, 2021
     3. Pride Month - June 2021
     4. Philippine Week - June 6 to 12, 2021
     5. Philippines Independence Day - June 12, 2021
     6. World Sickle Cell Day - June 19, 2021
  2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:

  1. 1. Day of Action Against Anti-Asian Racism - May 10, 2021

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 12 - DEVELOPMENT SERVICES COMMITTEE (APRIL 19, 2021)

Please refer to your April 19, 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 to 2):

8.1.1

UNIONVILLE SUB-COMMITTEE MINUTES – MARCH 2, 2021 (10.0) - (MAIN STREET UNIONVILLE COMMUNITY VISION PLAN – IMPLEMENTATION, UPDATE ON THE UNIONVILLE STREETSCAPE MASTER PLAN AND UNIONVILLE BIA RETAIL ACTION PLAN)

• 1. That the minutes of the Unionville Sub-Committee meeting held March 2, 2021, be received for information purposes, and,

  2. That the Terms of Reference for the Unionville Subcommittee be amended to increase the number of appointed Councillors from three (3) to four (4); and,

  3. That Councillor Isa Lee be appointed to the Unionville Subcommittee, and, 

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

8.1.2

AUTHORITY TO PROVIDE DEVELOPMENT CHARGE (DC) CREDITS AND/OR REIMBURSEMENTS TO THE TRUSTEE OF BERCZY GLEN LANDOWNERS GROUP INC. AND TO MATTAMY (BERCZY GLEN) LIMITED (WARDS 2 AND 6) (7.11, 5.0)

• 1. That the report entitled “Authority to provide Development Charge (DC) Credits and/or Reimbursements to the Trustee of Berczy Glen Landowners Group Inc. and to Mattamy (Berczy Glen) Limited (Wards 2 and 6)” be received; and,
  2. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $8,000,000.00 to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of a bridge crossing the Berczy Creek (“North Bridge”) for the northerly east-west collector road (Street ‘D’) in the Berczy Glen Community; and,
  3. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $1,476,960.00, to the Trustee of Berczy Glen Landowners Group Inc. for the design, contract administration, and construction costs associated with the construction of the watermain on Warden Avenue between Major Mackenzie Drive and Street ‘D’; and,
  4. That Council authorize the amount to be credited and/or reimbursed to the Trustee of Berczy Glen Landowners Group Inc. be increased after the update of the City-Wide Hard Development Charges By-law in 2022 to reflect the updated cost of the watermain on Warden Avenue, between Major Mackenzie Drive and Street ‘D’ which is currently estimated at $6,100,000.00; and,
  5. That Council authorize a City-Wide Hard Development Charge Credit and/or Reimbursement not exceeding $639,904.00, to Mattamy (Berczy Glen) Limited for the design, contract administration, and construction costs associated with the construction of the watermain on Elgin Mills Road between Victoria Square Boulevard and Street ‘A’; and,
  6. That Council authorize the amount to be credited and/or reimbursed to Mattamy (Berczy Glen) Limited be increased after the update of the City-Wide Hard Development Charges By-law in 2022 to reflect the updated cost of the watermain on Elgin Mills Road, between Victoria Square Boulevard and Street ‘A’ which is currently estimated at $2,200,000.00; and,
  7. That the Mayor and Clerk be authorized to execute a Construction Agreement with the Trustee of Berczy Glen Landowners Group Inc. or its successors in title for the construction of the North Bridge and watermain on Warden Avenue upon terms to the satisfaction of the Director of Engineering and the City Solicitor, or their respective designates; and,
  8. That the Mayor and Clerk be authorized to execute a Construction Agreement with Mattamy (Berczy Glen) Limited or its successors in title for the construction of a watermain on Elgin Mills Road to the satisfaction of the Director of Engineering and the City Solicitor, or their respective designates; and,
  9. That the Mayor and Clerk be authorized to execute a Development Charge Credit and/or Reimbursement Agreements, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the Trustee of Berczy Glen Landowners Group Inc. and/or with Mattamy (Berczy Glen) Limited, or its successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
  10. That all of the above credits and/or reimbursements shall be the absolute value of the credits and/or reimbursements, and that HST, interest and/or indexing shall not be credited and/or reimbursed; and further,
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 13 - DEVELOPMENT SERVICES COMMITTEE (APRIL 21, 2021)

Please refer to your April 21, 2021 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

REQUEST TO INCREASE PURCHASE ORDER FOR CONSULTING ENGINEERING SERVICES TO DESIGN EXTENSION OF TRUNK SEWER AND WATERMAIN IN 404 NORTH SECONDARY PLAN AREA (5.5, 5.3)

• 1. That the report entitled “Request to Increase Purchase Order for Consulting Engineering Services to Design Extension of Trunk Sewer and Watermain in Highway 404 North Secondary Plan Area” be received; and
  2. That Purchase Order PD 18309 issued to SCS Consulting Group Ltd. for the detailed design of the extension of the existing trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $391,404.58 inclusive of HST impact, to cover the additional design work required for the project; and
  3. That Purchase Order PD 18310 for the contingency for the detailed design of the trunk watermain and trunk sanitary sewer on Woodbine Avenue be increased by $39,140.46 inclusive of HST impact, to cover any additional design work required for the project and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and
  4. That the Engineering Department Capital Administration Fee in the amount of $54,665.40 , inclusive of HST impact, be transferred to revenue account [640-998-8871(Capital Admin Fees); and
  5. That the 2019 Engineering Capital Account 19257 (Consulting Engineering Services for Hwy 404 North Sec Plan) be increased to cover the additional project estimates in the amount of $485,210.44 inclusive of HST impact, and funded from City Wide Hard Development Charges Reserve, and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution

8.3

REPORT NO. 14 - GENERAL COMMITTEE (APRIL 26, 2021)

Please refer to your April 26, 2021 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 FIRST QUARTER INVESTMENT PERFORMANCE REVIEW (7.0)

• 1. That the report dated April 26, 2021 entitled “2021 First Quarter Investment Performance Review” be received.

8.3.2

2021 UNIONVILLE BUSINESS IMPROVEMENT AREA AND MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA OPERATING BUDGETS (7.4)

• 1. That the report titled “2021 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated April 26, 2021 be received; and, 
  2. That the 2021 Operating Budget in the amount of $300,000 for the Unionville Business Improvement Area (UBIA) be approved; and, 
  3. That the 2021 Operating Budget in the amount of $265,763 for the Markham Village Business Improvement Area (MVBIA) be approved; and, 
  4. That the Special Tax Rate levy, in the amount of $214,221 for the UBIA members and $160,559 for the MBIA members be included in the 2021 Tax Levy By-law; and further, 
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.3.3

MARKHAM VILLAGE AND UNIONVILLE FLOOD MITIGATION STUDY (5.0)

• 1. That the presentation entitled “Markham Village/Unionville Flood Control Study Results,” be received; and,
  2. That Staff be authorized to hold Public Meetings to obtain feedback on the proposed implementation plan for the Markham Village and Unionville Mitigation Project; and,
  3. That Staff report back to Council with feedback obtained from the public prior to endorsement of the implementation plan for the Markham Village/Unionville Project; and further, 
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4

REPORT NO. 15 - DEVELOPMENT SERVICES COMMITTEE (MAY 3, 2021)

Please refer to your May 3, 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):

8.4.1

CITY OF MARKHAM COMMENTS ON PLANNING ACT CHANGES REGARDING SUBDIVISION CONTROL AND CONSENTS IN BILL 276 (10.0)

• 1. That the report on the “City of Markham Comments on Planning Act Changes Regarding Subdivision Control And Consents in Bill 276”, be received, and forwarded to the Minister of Municipal Affairs and Housing as the City of Markham’s Comments with respect to ERO Number 019-3495; and,
  2. That this report be forwarded to the Provincial Standing Committee on General Government as the City of Markham’s Comments with respect to Bill 276, Supporting Recovery and Competitiveness Act, 2021; and,
  3. That Council for the City of Markham does not support the following changes to the Planning Act related to:
     a. the Proposed Minister’s Consent Order; and
     b. allowing purchasers of land to apply for a consent;
  4. That should the Province enact the Minister's Consent Order changes to the Planning Act,
     a. That the legislation specify that any remnant parcels created by a Minister's Consent Order be required to comply with the local municipality's Official Plan and Zoning By-law;
     b. That the legislation specify that a Minister's Consent Order is required to comply with Provincial Policy; and
     c. That the Minister notify and consult the Council of the municipality where a Consent Order is sought prior to issuing a Minister's Consent Order;
  5. That Council for the City of Markham supports the proposed one-year extension for an applicant to fulfill conditions of a consent, and that the Planning Act be amended to allow the extension to be delegated to staff; and,
  6. That Council for the City of Markham request an additional change to the Planning Act that allows for land to merge automatically where it is required by a condition of the consent; and,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.2

YONGE NORTH SUBWAY EXTENSION (YNSE) MARKHAM THREE (3) STATION AREA STUDY (5.10)

Note: The notice of this motion was given to Development Services Committee at its meeting held on April 19, 2021.

• WHEREAS the Province is undertaking the planning studies for the Yonge North Subway Extension (YNSE); and,
  WHEREAS on March 18, 2021 Metrolinx released the Initial Business Case that affects the City of Markham and recommends advancing design of the YNSE; and
  WHEREAS the Initial Business Case proposes up to four stations along the 8-kilometre subway extension and a new easterly route realignment at Royal Orchard that proposes the subway travel under an established residential neighbourhood in order to connect to the GO/CN Corridor; and,
  WHEREAS intensification and redevelopment needs to occur along major rapid rail transit corridors like Yonge Street to support Provincial growth direction and to build sustainable communities, including the realization of transit-oriented communities; and,
  WHEREAS the City undertook a study in 2020 entitled “Yonge North Subway Intensification Analysis” to identify development potential and population and employment forecasts and densities within the Steeles Avenue, Clarke Avenue, Royal Orchard Boulevard, Langstaff Gateway and Richmond Hill Centre Station Areas that was provided to Metrolinx as input into the Initial Business Case for the YNSE; and further,
  WHEREAS it is necessary for the City to undertake additional technical work to confirm the Transit Oriented Community potential surrounding Steeles, Clark and Royal Orchard Station areas as preliminary work toward a Secondary Plan exercise for the Yonge Street Corridor and to inform the YNSE process.

  
  Therefore, now be it resolved:

  
  1. That while the City of Markham approved funding for the Yonge Street Corridor Secondary Plan as part of the 2021 Capital budget, the City should accelerate work around the Steeles, Clark and Royal Orchard station areas beginning with a land use/built form study as work towards development of the Yonge Street Corridor Secondary Plan to confirm development potential and a preliminary land use concept, including 3D modelling and financial analysis, generally located within the Region’s “2020 Proposed Major Transit Station Areas, September 2020”, including:
  a. Steeles Subway Station (MTSA 7) and lands within its 800-metre catchment area to the north
  (generally eastern boundary is Dudley Avenue, northern boundary is the CN tracks, western boundary is Yonge Street and southern boundary is Steeles Avenue);
  b. Clark Subway Station (MTSA 6) and lands within its 800-metre catchment area (generally eastern boundary is Dudley Avenue, north boundary is Elgin Street, Yonge Street is the western boundary, and the CN tracks are the southern boundary); and,
  c. Royal Orchard Subway Station (MTSA 70) and lands within its 800-metre catchment area (generally Royal Orchard is the southern boundary, Yonge Street is the western boundary, southern boundary of Holy Cross Cemetery is the northern boundary and eastern boundary to be determined);

  2. That York Region, City of Toronto and City of Vaughan be consulted as part of the study to consider inter-municipal transit-oriented opportunities; and,

  3. That Markham staff be authorized and directed to do all things necessary to give effect to this resolution and report back to Development Services Committee at completion of the study.

  Be it further resolved, that a copy of this resolution be sent to:

  
  • Hon. Caroline Mulroney, Minister, Ministry of Transportation;
  • Hon. Kinga Surma, Associate Minister of Transportation;
  • Hon. Laurie Scott, Minister of Infrastructure;
  • Hon. Jeff Yurek, Minister of the Environment, Conservation & Parks;
  • Hon. Steve Clark, Minister of Municipal Affairs and Housing;
  • Hon. Victor Fedeli, Minister of Economic Development, Job Creation and Trade;
  • Hon. Catherine Mckenna, Minister of Infrastructure and Communities;
  • Phil Verster, President and CEO, Metrolinx;
  • John MacKenize, CEO, Toronto and Region Conservation Authority;
  • Wayne Emmerson, Chairman and CEO, York Region;
  • Chris Raynor, Regional Clerk, Regional Municipality of York;
  • Stephen Huycke, City Clerk, City of Richmond Hill;
  • Todd Coles, City Clerk, City of Vaughan;
  • All Members of Federal Parliament in the Regional Municipality of York;
  • All Members of Provincial Parliament in the Regional Municipality of York; and,
  • All Members of Regional Council in the Regional Municipality of York.

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

RECOMMENDATION FROM THE APRIL 1, 2021 LICENSING COMMITTEE HEARING (48 CHURCH STREET) (2.0)

No Attachment

• That the following recommendation of the Licensing Committee from the Hearing held on April 1, 2021, be approved and adopted:

  1. That the application to remove one Black Walnut tree at 48 Church Street, Markham, be approved; and,
  2. That the applicant provide for six plus two replacement trees. Two trees to be planted on the property of 48 Church Street, and six to be planted on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $600.00 per tree for the 6 trees not on the property and further,
  3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

11.2

RECOMMENDATION FROM THE APRIL 1, 2021 LICENSING COMMITTEE HEARING (62 PENNOCK CRES) (2.0)

No Attachment

• That the following recommendation of the Licensing Committee from the Hearing held on April 1, 2021, be approved and adopted:

  1. That the application to remove one Norway Maple tree and one Blue Spruce tree at 62 Pennock Cres, Markham, be approved; and,
  2. That the applicant provide for six (6) replacement trees on the property of 62 Pennock Cres, or on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree; and further,
  3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

11.3

RECOMMENDATION FROM THE MARCH 29, 2021 LICENSING COMMITTEE HEARING (70 BISHOP CRES) (2.0)

No Attachment

• That the following recommendation of the Licensing Committee from the Hearing held on March 29, 2021, be approved and adopted:

  1. That the application to remove one (1) Basswood tree at 70 Bishop Cres, Markham, be approved; and,
  2. That the applicant provide for six replacement trees on the property of 70 Bishop Cres, or on any other private property in Markham in a size and native species deemed appropriate by staff, or provide a cash-in-lieu payment of $300.00 per tree; and,
  3. That the appellant hire a licensed tree removal company to remove the tree and submit the contract to the City prior to removing the tree; and further,
  4. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

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

COUNCIL CONFIDENTIAL MINUTES - APRIL 20, 2021 (16.0) [ Section 239 (2) (f)]

14.1.2

APPROVAL OF RESTRICTED AND CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 10 AND NOVEMBER 24, 2020 (16.0) [Section 239 (2) (b)(d)]

14.1.3

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES [Section 239 (2) b) (8.0)

14.2

GENERAL COMMITTEE

14.2.1

LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS; RESTRICTED AND CONFIDENTIAL (11.0) [SECTION 239 (2)(d)]

The Committee consented to place this item on the May 4, 2021 Restricted and Confidential Council Meeting Agenda for consideration.

14.2.2

THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD; (8.7) [SECTION 239 (2) (a)]

The Committee consented to place this item on the May 4, 2021 Confidential Council Meeting Agenda for consideration.

14.3

NEW/ OTHER BUSINESS

14.3.1

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; (10-20 FINCHAM AVENUE) (8.0) [Section 239 (2) (f)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2021-33 be given three readings and enacted.

  Three Readings

  BY-LAW 2021-33 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 4, 2021.
  No attachment

16.

ADJOURNMENT