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

Meeting Number: 10

Wednesday, April 17, 2024 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 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 3, 2024

• 1. That the Minutes of the Council Meeting held on April 3, 2024, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

TEMPORARY EXTENSION APPLICATION (LIQUOR SALES LICENCE) FOR MARKHAM VILLAGE MUSIC FESTIVAL (WARD 4) (3.21)

Requesting an approval from the City of Markham to extend their existing liquor licence for the outdoor areas created by using the sidewalks located directly in front of the establishment while the street is closed to vehicular traffic. The proposed extension will be utilized in conjunction with the events as follows:

The Markham Village Music Festival - Patio Extensions (Friday, June 14, 2024 - Saturday, June 15, 2024)

Establishments applying for special occasion permits during this event will include:

1. Patio extensions for Friday, June 14, 2024: 4pm to 11pm & Saturday, June 15, 2024: 11am to 11pm:
   Inspire Restaurant, 144 Main Street Markham N, Markham, ON
   FujiSan, 144 Main Street Markham N, Markham, ON
   Azyun Restaurant, 144 Main Street Markham N, Markham, ON
   Main Street Greek, 60 Main Street Markham N, Markham, ON
   Laz Authentic Cuisine Inc 48 Main Street Markham N
   Folco’s Restaurant, 42 Main Street N, Markham, ON
   Khau Gully, 39 Main St. Markham N
   
   
2. Patio extensions for Friday, June 14, 2024: 4pm to 2am & Saturday, June 15, 2024, 11am to 11pm:
   The Duchess of Markham, 53 Main Street Markham N, Markham, ON
   Main’s Mansion Restaurant and Bar, 144 Main Street Markham N, Markham, ON

 

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 14 DEVELOPMENT SERVICES PUBLIC MEETING (APRIL 2, 2024)

Please refer to your April 2, 2024 Development Services Public Meeting Agenda for reports.

Mayors and Members of Council:

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

8.1.1

PUBLIC MEETING INFORMATION, APPLICATION BY ROBERT AND DEBORAH TIBERIO AT 196 AND 198 LANGSTAFF ROAD FOR TEMPORARY USE ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT OUTDOOR STORAGE, ENCLOSED STORAGE AND BUSINESS OFFICE USES ON 

196 AND 198 LANGSTAFF ROAD EAST FOR A 3-YEAR PERIOD, FILE NO. PLAN 23 145149 (WARD 1) (10.5)
(By-law 2024-70)

• 1. That the written submissions by Helen Lepek and Nick Seretis, be received; and,
  2. That the “PUBLIC MEETING INFORMATION REPORT – Temporary Zoning By-law Amendment application to permit outside storage, enclosed storage and business office uses on 196 and 198 Langstaff Road, (Ward 1), (File PLAN 23 145149), submitted by Deborah and Robert Tiberio, be received; and,
  3. That the Record of the Public Meeting held on April 2, 2024, with respect to the proposed Temporary Zoning By-law Amendment application for 196 and 198, submitted by submitted by Deborah and Robert Tiberio. (File PLAN 23 23 145149), be received; and,
  4. That the Temporary Zoning By-law Amendment application for 196 and 198, submitted by submitted by Deborah and Robert Tiberio. (File PLAN 23 23 145149), be approved and the implementing Temporary Zoning By-law Amendment be finalized and adopted without further notice; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 15 DEVELOPMENT SERVICES COMMITTEE (APRIL 9, 2024)

Please refer to your April 9, 2024 Development Services Committee Agenda for reports.

Mayors and Members of Council:

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

8.2.1

ENVIRONMENTAL POLICIES AND PROCEDURES FOR LAND CONVEYANCE TO THE CITY, AND MANAGEMENT OF EXCESS SOIL (10.0)

• 1. That the staff report titled “Environmental Policies and Procedures for Land Conveyance to the City, and Management of Excess Soil” be received; and,
  2. That Council adopt the revised Environmental Policy and Procedures for the Conveyance of Land to the City (“Land Conveyance Policy”) in substantial conformity with the Land Conveyance Policy set out in Attachment ”A”; and,
  3. That Council adopt the Policy and Procedures for Managing Excess Soil (“Excess Soil Policy”) in substantial conformity with the Excess Soil Policy set out in Attachment ”B”; and,
  4. That the Director of Engineering be authorized to waive the Environmental Site Assessments (ESA), including Record of Site Condition (RSC) and/or restrictions in the Certificate of Property Use (CPU), as set out in the Land Conveyance Policy and outlined in this report; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 16 GENERAL COMMITTEE (APRIL 16, 2024)

Please refer to your April 16, 2024 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 7):

8.3.1

AWARD OF RFP 009-R-24 CONSULTING SERVICES FOR CIPP WATERMAIN REHABILITATION DESIGN (7.12)

• 1. That the report entitled “Award of RFP 009-R-24 Consulting Services for CIPP Watermain Rehabilitation Design” be received; and,
  2. That Contract 009-R-24 Consulting Services for CIPP Watermain Rehabilitation detailed design be awarded to the highest ranked / lowest priced Bidder, Accardi Schaeffers & Associates Ltd. in the amount of $308,827.35, inclusive of HST; and,
  3. That a 10% contingency in the amount of $30,882.74 inclusive of HST, be established to cover any additional designs costs and that authorization to approve expenditures of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the award for detailed design services in the amount of $339,710.09 ($308,827.35 + $30,882.74) be funded from the account 053-6150-24262-005 “CI Watermain Rehabilitation Design”, with an available budget of $466,600; and,
  5. That remaining funding of $126,889.91 ($466,600.00 less $339,710.09) be returned to the original funding source; and,
  6. That the contract administration services (inclusive of 10% contingency) be awarded to Accardi Schaeffers & Associates Ltd in the amount of $362,959.20 subject to Council adoption of the 2025 capital budget request; and,
  7. That the future Purchase Order for contract administration be updated to reflect the actual construction time required based on the final design; and further, 
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

059-S-24 SUPPLY & DELIVERY OF TWO SINGLE AXLE TRUCKS AND ONE TANDEM AXLE TRUCK (7.12)

• 1. That the report entitled “059-S-24 Supply & Delivery of Two Single Axle Trucks and One Tandem Axle Truck” be received; and,
  2. That the contracts for the supply and delivery of two single axle trucks be awarded as follows:
     1. Supply and delivery of two trucks and chassis to Premier Truck Group in the amount of $314,439.44 inclusive of HST; and,
     2. Supply, installation, delivery and upfit of the winter control equipment on these two trucks and chassis to Viking Cives in the amount of $413,420.35 inclusive of HST; and,
     3. That the total award amount for two trucks of $727,859.79 ($314,439.44 + $413,420.35) inclusive of HST be funded from capital project #23020 (057-6150-23470-005 Corporate Fleet Replacement – Non-Fire) with available budget of $582,400; and,
  3. That the budget shortfall for the single axle trucks (project #23020) in the amount of $145,459.79 ($582,400.00 - $727,859.79) be funded from the Life Cycle Replacement and Capital Reserve Fund; and,
  4. That the contracts for the supply and delivery of one tandem axle truck be awarded as follows:
     1. Supply and delivery of one truck and chassis to Premier Truck Group in the amount of $207,171.66 inclusive of HST; and,
     2. Supply, installation, delivery and upfit of the winter control equipment on this truck and chassis to Viking Cives in the amount of $213,075.26, inclusive of HST; and,
     3. That the total award amount of $420,246.93 ($207,171.66 + $213,075.26) inclusive of HST be funded from capital project #24230 (057-6150-24230-005 Corporate Fleet Replacement – Non-Fire) with available budget of $428,402.75; and,
  5. That the budget remaining for the tandem axle truck (project #24230) in the amount of $8,155.82 ($428,402.75 - $420,246.93) be returned to the original funding source; and,
  6. That the tendering process be waived in accordance with Purchasing By-Law 2017-18, Part II, Section 11.1 (f) where, for any reason, a Quotation issued by the City does not result in a successful Contract Award; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

OPERATIONAL TRANSITION OF THE VICTORIA SQUARE SATELLITE COMMUNITY CENTRE TO THE CITY OF MARKHAM - RECREATION SERVICES (6.6)

• 1. That the report entitled “Operational Transition of the Victoria Square Community Centre to the City of Markham – Recreation Services” be received; and,
  2. That the transfer of the management of the Victoria Square Community Centre to the City of Markham – Recreation Services be approved; and, 
  3. That the Victoria Square Community Centre Board be dissolved, and that Council extend its sincere thanks to all Victoria Square Community Centre Board members, past and present, for the unwavering commitment they have demonstrated towards ensuring the community centre’s smooth operation; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

2023 CONSOLIDATED FINANCIAL REPORTS (7.0)

• 1. That the presentation titled “2023 Consolidated Financial Statements” be received; and,
  2. That the report titled “2023 Consolidated Financial Statements” be received; and,
  3. That Council approve the draft Consolidated Financial Statements of The Corporation of the City of Markham (the City), including Community Boards, Business Improvement Areas (BIAs), Destination Markham Corporation and Investment in Markham Enterprises Corporation (MEC), for the fiscal year ended December 31, 2023; and,
  4. That Council authorize Staff to publish the final audited Statements for the fiscal year ended December 31, 2023 upon receiving the Independent Auditors’ Report; and,
  5. That the KPMG LLP Audit Findings Report for the year ended December 31, 2023 be received; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.5

BLUE BOX END OF LIFE MANAGEMENT (10.0)

• WHEREAS under Ontario Regulation 391/2, Blue Box producers are fully accountable and financially responsible for their products and packaging once they reach their end of life and are disposed of, for ‘eligible’ sources only; and, 

  WHEREAS ‘ineligible’ sources, which producers are not responsible for, include business improvement areas, places of worship, daycares, camp grounds, public-facing and internal areas of municipal-owned buildings, and not-for-profit organizations, such as shelters and food banks; and, 

  WHEREAS should a municipality continue to provide services to the ‘ineligible’ sources, the municipality will be required to oversee the collection, transportation, and processing of the recycling, assuming 100% of the costs. 

  Therefore, be it resolved:

  1. That the Council of the City of Markham hereby request that the province amend Ontario Regulation 391/21, Blue Box so that producers are responsible for the end-of-life management of recycling products from all sources as stated above; and, 
  2. That Council hereby request the support of all Ontario Municipalities; and, 
  3. This resolution be forwarded to the Honourable Doug Ford, Premier of Ontario, the Honourable Andrea Khanjin, Minister of the Environment, Conservation and Parks, Leader of the opposition, Leaders of the Liberal and Green Parties and all City of Markham MPP’s; and further, 
  4. That a copy of this Motion to be sent to the Association of Municipalities of Ontario (AMO).

8.3.6

THORNHILL SUB-COMMITTEE PUBLIC MEETING  (APRIL 9, 2024)  - STATUTORY NOTICE EXCEPTION 

• 1. That the statutory notice for the May 14, 2024, Development Services Public Meeting be expanded to a 500-metre radius for the Baha’i National Centre item and include property owners in the City of Toronto within the statutory notice requirements (120 metres) for the Baha'i National Centre item. 

8.3.7

MINUTES OF THE NOVEMBER 27, 2023 ADVISORY COMMITTEE ON ACCESSIBILITY (16.0)

• 1. That the minutes and notes of the November 27, 2023 Environmental Advisory Committee meeting be received for information purposes; and,
  2. That Council consider increasing the number of times the Advisory Committee on Accessibility meets from 4 to 10 times per year, to allow for the Committee to fulfill its legislative requirements.

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-law 2020-69 to By-law 2024-72 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2024-69, A BY-LAW TO DESIGNATE PART OF A CERTAIN PLAN OF SUBDIVISION NOT SUBJECT TO PART LOT CONTROL (BLOCK 250, 261 TO 269, REGISTERED PLAN 65M-4686)

Section 50(5) of the Planning Act, R.S.O. 1990, P.13 shall not apply to the lands within the part of a registered plan of subdivision designated as follows:  Block 250, and Blocks 261 to 269, inclusive on Registered Plan 65M-4686, City of Markham.

13.2

BY-LAW 2024-70, A BY-LAW TO AMEND BY-LAW 2551, AS AMENDED (196 AND 198 LANGSTAFF ROAD EAST, LOT 67, REGISTERED PLAN 2386)

This By-law amendment is to permit outdoor storage and business offices at 196 and 198 Langstaff Road East for a temporary period until water and sanitary sewer services are made available to the Langstaff community and servicing allocation has been granted to allow redevelopment in accordance with the approved Langstaff Gateway Secondary Plan and the required approvals for redevelopment have been obtained. (196 and 198 Langstaff Road East, Lot 67, Registered Plan 2386) [Report No. 14, Development Services Public Meeting, April 2, 2024] [Item 8.1.1]

13.3

BY-LAW 2024-71, A BY-LAW TO AMEND BY-LAW 177-96, AS AMENDED (TO ADD USES AND REZONE AN OPEN SPACE ZONE TO A MAJOR COMMERCIAL ZONE) - 404 MAJOR MAC WEST DEVELOPMENT LIMITED (PLAN 23 116352)

The by-law amendment applies to the property on the west side of Markland Street, north of Major Mackenzie Drive East to add motor vehicle sales establishment and motor vehicle repair garage as permitted uses on the property. (PLAN 23 116352) [Report No. 12, Development Services Meeting, March 26, 2024]

13.4

BY-LAW 2024-72, A BY-LAW TO AMEND BY-LAW 108-81, AS AMENDED (TO ADD A USE AND SITE-SPECIFIC EXCEPTION) (DIGRAM DEVELOPMENTS INC.) (PLAN M1707 PT, PLAN 23 1178400

The by-law amendment applies to the west side of Woodbine Avenue and north of John Street, municipally known as 7528, 7530 and 7550 Woodbine Avenue to add a commercial self-storage facility with site-specific parking provisions.

14.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2024-68 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-68 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 17, 2024.
  No attachment

15.

ADJOURNMENT