Council Meeting

That the Minutes of the Council Meeting held on April 2, 2019, be adopted.

That the request for the City of Markham to complete the Municipal Information Form be received for information.

That the Memorandum dated April 16, 2019 from the Commissioner of Development Services regarding the application for F.J. Homes Limited, Draft Plan of Subdivision and Zoning By-law Amendment Application be received.

That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Human Values Day - April 24, 2019; Innovation Week in the City of Markham - May 6-12, 2019; National Public Works Week - May 19-25, 2019; Armenian National Day - May 25, 2019; and, Pollinator Week - June 17-23, 2019. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council: Museum Month - May; Markham in Motion Day - May 31, 2019; and, Caribbean Heritage month - October. 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: Armenian National Day - May 25, 2019 (Organized by Armenian National Community).

That the report of the Development Services Committee be received & adopted. (Items 1 to 4):

That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, James Campbell House, 2 Wismer Place,” dated April 1, 2019, be received; and, That as recommended by Heritage Markham, the James Campbell House at 2 Wismer Place be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and, That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, Brown’s Corners United Church, 2830 Highway 7 East,” dated April 1, 2019, be received; and, That as recommended by Heritage Markham, the Brown’s Corners United Church at 2830 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and, That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, Elias Hamilton House, 6 Heritage Corners Lane,” dated April 1, 2019, be received; and, That as recommended by Heritage Markham, the Elias Hamilton House at 6 Heritage Corners Lane be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and, That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Yonge Subway Extension and Royal Orchard Station (Ward 1)”, be received; and, That Council endorse the findings by StrategyCorp and Sajecki Planning that the Royal Orchard Station can be justified by the station ridership forecasts, and warrant further studies to confirm the need of the station; and, That Council confirm its preference that the Royal Orchard Station be included in the Yonge Subway Extension (YSE) project as identified in the Yonge Subway Extension – Finch Station to Richmond Hill Centre Transit Project Assessment – January 30, 2009; and, That Council request the YSE Executive Committee not to eliminate the Royal Orchard Station from the YSE Preliminary Design and Engineering work until the conclusion of further technical studies recommended in the StrategyCorp and Sajecki Planning; and, That the YSE Executive Committee be requested to carry out any further technical studies as recommended by StrategyCorp and Sajecki Planning, in consultation with the City of Vaughan and the City of Markham, to support the Royal Orchard Station; and, That Council’s resolution be forwarded to the YSE Executive Committee, and the City of Vaughan; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report of the General Committee be received & adopted. (Items 1 to 5):

That the report entitled “Award of Tender 002-T-19 Asphalt Maintenance” be received; and, That the contract for asphalt maintenance be awarded to the lowest priced Bidder, Forest Contractors Ltd. for one (1) year in the amount of $1,065,819.99 (Inclusive of HST), with an option to renew the contract for an additional three (3) years. The price will remain firm fixed for the first three (3) years. The remaining one (1) year will be subject to an annual price increase based on the Consumer Price Index for All Items Canada for the twelve (12) month period ending October 31 in the applicable year and shall not exceed 3%; and, That the award in the amount of $1,065,819.99 inclusive of HST be funded from operating and capital accounts as identified in the Financial Considerations section of this report with total available budget of $1,268,260.00; and, That the remaining budget in the amount of $202,440.01 ($1,268,260.00 - $1,065,819.99) be utilized to address potential additional asphalt maintenance on an as required basis; and, That the 2020 – 2023 purchase orders be adjusted for growth and/or price escalation, subject to Council approval of the respective year’s budgets; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report titled “Development Charges December 31, 2018 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997 , as amended ; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “2018 Year-End Review of Operations ” be received; and, That the City’s 2018 net favourable variance of $3.58M be transferred as follows, as per the approved Financial Planning and Budgeting Policy : $1.40M to the Corporate Rate Stabilization Reserve to achieve a balance equal to 15% of the local tax levy as per City policy; $2.18M to the Life Cycle Capital Replacement and Capital Reserve Fund; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the presentation by Mr. Robert Penner, Manager, Utility Inspection ＆ Survey Group entitled "Telecommunication Company Activities in the City of Markham", be received; and, That the staff report entitled, "Telecommunication Company Activities in the City of Markham" be received; and, That the Mayor and Clerk be authorized to execute funding agreements between the City and telecommunication companies to cover the costs to meet service levels as a result of increased permit applications relating to infrastructure upgrade projects, as outlined in this report, provided that the form and content of such agreements are satisfactory to the Commissioner of the Community and Fire Services and the City Solicitor; and, That 5 additional two year contract staff be hired at the cost of approximately $332,000 per year, with costs being funded through amounts paid to the City pursuant to a funding agreement and through permit fees recovered from increased permit review applications; and, That the Treasurer and Director of Operations be authorized to hire additional temporary staff to address the legislated time requirements for permit review during the period of increased volumes with the costs of such fully recovered through amounts paid to the City pursuant to funding agreement(s) and through permit fees recovered from increased permit review applications; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Report entitled “Flood Control Program – Disaster Mitigation & Adaptation Fund (DMAF)” be received; and That Council approve the shared funding allocation between the Government of Canada and City of Markham as follows: Government of Canada Share (40%) (A) $48,640,000.00 City of Markham Share (60%) (B) $72,960,000.00 Total Funding (C ) = (A) + (B) $121,600,000.00 That the Mayor and Clerk be authorized to execute the Disaster Mitigation & Adaptation Fund (DMAF) Agreement (and any related documents), in a form and content satisfactory to the City Solicitor and the Commissioner of Community & Fire Services, and that the Commissioner of Community & Fire Services (or designate) be authorized to act as an authorized signing officer for the City under the Agreement (including for the purpose of submitting required reports and confirmations); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

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

Motion to amend the recommendation by adding the following clause: That up to an additional $10,000 in the budget (over and above the Celebrate Markham budget) be reserved for the Thornhill Community in the event that the community decides to revive Thornhill Festival or a variation thereof;

That the notice of proposed sale for the City owned lands legally described as block 64 on Plan 65M-3789, City of Markham, Regional Municipality of York, be confirmed. (In-Camera Item No. 14.2.3 – April 2, 2019 Council Meeting)

That this matter be referred back to staff for further review.

That By-laws 2019-43 to 2019-49 be given three readings and enacted.

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:29 pm: 14.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - APRIL 2, 2019 14.2 DEVELOPMENT SERVICES COMMITTEE - APRIL 1, 2019 14.2.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [SECTION 239 (2) (e) FIRST MARKHAM PLACE PROPERTIES INC., 3265 HIGHWAY 7 EAST (WARD)(8.0) 14.3 COUNCIL - APRIL 16, 2019 14.3.1 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [SECTION 239 (2) (b)] Councillor Karen Rea requested that that the following item be added to the Confidential agenda: 14.3.2 A PROPOSED OR POTENTIAL ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD [SECTION 239 (2)]

That the confidential Council minutes dated April 2, 2019 be confirmed.

That the confidential report titled “Minor Variance Application Appeal, First Markham Place Properties Inc., 3265 Highway 7 E, A/176/18” be received; and, That Council direct the City Solicitor and Staff not to attend the Local Planning Appeal Tribunal hearing regarding the decision of the Committee of Adjustment to approve the minor variances related to maximum ground floor area as it relates to a grocery store unit, provided that the applicant agrees to request the LPAT to impose the following staff recommended conditions of approval set out below in the event that the LPAT allows the variances: That the variances apply only to the proposed development as long as it remains; That the variances apply only to the subject development, in substantial conformity with the plan(s) dated December 10, 2018, attached as ‘Appendix C’ to this Staff Report, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction. That the 4,860 m2 gross floor area allowance as it relates to a supermarket only apply to the one proposed grocery store within the commercial development; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the following persons be appointed to the Markham Public Library Board with a term start date of May 1, 2019: Name Term Edward Choi November 14, 2022 Raymond Chan November 14, 2022 Anthony Lewis November 14, 2022 David Whetham November 14, 2022 Jay Xie November 14, 2022 Iqra Awan November 14, 2022 Les Chapman November 14, 2022 Ben Hendricks November 14, 2022 Alick Siu November 14, 2022 Margaret McGrory November 14, 2022 Lillian Tolensky November 14, 2022 Pearl Mantell November 14, 2022 2. That the following persons be appointed to the Committee of Adjustment with a term start date of May 1, 2019: Name Term Kelvin Kwok November 14, 2022 Sally Yan November 14, 2022 Patrick Sampson November 14, 2022 Jeamie Reingold November 14, 2022 Gregory Knight November 14, 2022 Arun Prasad November 14, 2022 Tom Gutfreund November 14, 2022

That By-law 2019-50 be given three readings and enacted. Three Readings BY-LAW 2019-50 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 16, 2019.

1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Human Values Day - April 24, 2019; b. Innovation Week in the City of Markham - May 6-12, 2019; c. National Public Works Week - May 19-25, 2019; d. Armenian National Day - May 25, 2019; and, e. Pollinator Week - June 17-23, 2019. 2. That the following new requests for proclamation be approved and added to the Five-Year Proclamations List approved by Council: 4 a. Museum Month - May; b. Markham in Motion Day - May 31, 2019; and, c. Caribbean Heritage month - October. 3. 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: a. Armenian National Day - May 25, 2019 (Organized by Armenian National Community).

1. That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, James Campbell House, 2 Wismer Place,” dated April 1, 2019, be received; and, 2. That as recommended by Heritage Markham, the James Campbell House at 2 Wismer Place be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, 5 3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, 4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and, 5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the staff report entitled “Intention to Designate a Property Under Part IV of the Ontario Heritage Act, Brown’s Corners United Church, 2830 Highway 7 East,” dated April 1, 2019, be received; and, 2. That as recommended by Heritage Markham, the Brown’s Corners United Church at 2830 Highway 7 be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest; and, 3. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and, 4. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and, 5. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board; and further, 6 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7 1. That the report entitled “Yonge Subway Extension and Royal Orchard Station (Ward 1)”, be received; and, 2. That Council endorse the findings by StrategyCorp and Sajecki Planning that the Royal Orchard Station can be justified by the station ridership forecasts, and warrant further studies to confirm the need of the station; and, 3. That Council confirm its preference that the Royal Orchard Station be included in the Yonge Subway Extension (YSE) project as identified in the Yonge Subway Extension – Finch Station to Richmond Hill Centre Transit Project Assessment – January 30, 2009; and, 4. That Council request the YSE Executive Committee not to eliminate the Royal Orchard Station from the YSE Preliminary Design and Engineering work until the conclusion of further technical studies recommended in the StrategyCorp and Sajecki Planning; and, 5. That the YSE Executive Committee be requested to carry out any further technical studies as recommended by StrategyCorp and Sajecki Planning, in consultation with the City of Vaughan and the City of Markham, to support the Royal Orchard Station; and, 6. That Council’s resolution be forwarded to the YSE Executive Committee, and the City of Vaughan; and further, 7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8 1. That the report entitled “Award of Tender 002-T-19 Asphalt Maintenance” be received; and, 2. That the contract for asphalt maintenance be awarded to the lowest priced Bidder, Forest Contractors Ltd. for one (1) year in the amount of $1,065,819.99 (Inclusive of HST), with an option to renew the contract for an additional three (3) years. The price will remain firm fixed for the first three (3) years. The remaining one (1) year will be subject to an annual price increase based on the Consumer Price Index for All Items Canada for the twelve (12) month period ending October 31 in the applicable year and shall not exceed 3%; and, 3. That the award in the amount of $1,065,819.99 inclusive of HST be funded from operating and capital accounts as identified in the Financial Considerations section of this report with total available budget of $1,268,260.00; and, 4. That the remaining budget in the amount of $202,440.01 ($1,268,260.00 - $1,065,819.99) be utilized to address potential additional asphalt maintenance on an as required basis; and, 5. That the 2020 – 2023 purchase orders be adjusted for growth and/or price escalation, subject to Council approval of the respective year’s budgets; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report titled “Development Charges December 31, 2018 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the That the report titled “Development Charges December 31, 2018 Reserve Balances and Annual Activity of the Accounts” be received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended; and,That the report titled “Development Charges December 31, 2018 Reserve Balances and Annual Activity of the Accounts” be 9 received by Council as required under Section 43(1) of the Development Charges Act, 1997, as amended; and,; and, 2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “2018 Year-End Review of Operations” be received; and, 2. That the City’s 2018 net favourable variance of $3.58M be transferred as follows, as per the approved Financial Planning and Budgeting Policy : a. $1.40M to the Corporate Rate Stabilization Reserve to achieve a balance equal to 15% of the local tax levy as per City policy; b. $2.18M to the Life Cycle Capital Replacement and Capital Reserve Fund; and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the presentation by Mr. Robert Penner, Manager, Utility Inspection ＆Survey Group entitled "Telecommunication Company Activities in the City of Markham", be received; and, 2. That the staff report entitled, "Telecommunication Company Activities in the City of Markham" be received; and, 3. That the Mayor and Clerk be authorized to execute funding agreements between the City and telecommunication companies to 10 cover the costs to meet service levels as a result of increased permit applications relating to infrastructure upgrade projects, as outlined in this report, provided that the form and content of such agreements are satisfactory to the Commissioner of the Community and Fire Services and the City Solicitor; and, 4. That 5 additional two year contract staff be hired at the cost of approximately $332,000 per year, with costs being funded through amounts paid to the City pursuant to a funding agreement and through permit fees recovered from increased permit review applications; and, 5. That the Treasurer and Director of Operations be authorized to hire additional temporary staff to address the legislated time requirements for permit review during the period of increased volumes with the costs of such fully recovered through amounts paid to the City pursuant to funding agreement(s) and through permit fees recovered from increased permit review applications; and further, 6. That Staff be authorized and directed to do all things necessary to give effect to this resolutio

1. That the Report entitled “Flood Control Program – Disaster Mitigation & Adaptation Fund (DMAF)” be received; and 2. That Council approve the shared funding allocation between the Government of Canada and City of Markham as follows: Government of Canada Share (40%) (A) $48,640,000.00 City of Markham Share (60%) (B) $72,960,000.00 Total Funding (C ) = (A) + (B) $121,600,000.00 3. That the Mayor and Clerk be authorized to execute the Disaster Mitigation & Adaptation Fund (DMAF) Agreement (and any related 11 documents), in a form and content satisfactory to the City Solicitor and the Commissioner of Community & Fire Services, and that the Commissioner of Community & Fire Services (or designate) be authorized to act as an authorized signing officer for the City under the Agreement (including for the purpose of submitting required reports and confirmations); and further, 4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That this matter be

That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters at 2:29 pm: 14.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - APRIL 2, 2019 24 14.2 DEVELOPMENT SERVICES COMMITTEE - APRIL 1, 2019 14.2.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD [SECTION 239 (2) (e) FIRST MARKHAM PLACE PROPERTIES INC., 3265 HIGHWAY 7 EAST (WARD)(8.0) 14.3 COUNCIL - APRIL 16, 2019 14.3.1 PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [SECTION 239 (2) (b)] Councillor Karen Rea requested that that the following item be added to the Confidential agenda: 14.3.2 A PROPOSED OR POTENTIAL ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD [SECTION 239 (2)]

25 1. That the confidential report titled “Minor Variance Application Appeal, First Markham Place Properties Inc., 3265 Highway 7 E, A/176/18” be received; and, 2. That Council direct the City Solicitor and Staff not to attend the Local Planning Appeal Tribunal hearing regarding the decision of the Committee of Adjustment to approve the minor variances related to maximum ground floor area as it relates to a grocery store unit, provided that the applicant agrees to request the LPAT to impose the following staff recommended conditions of approval set out below in the event that the LPAT allows the variances: a. That the variances apply only to the proposed development as long as it remains; b. That the variances apply only to the subject development, in substantial conformity with the plan(s) dated December 10, 2018, attached as ‘Appendix C’ to this Staff Report, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction. c. That the 4,860 m2 gross floor area allowance as it relates to a supermarket only apply to the one proposed grocery store within the commercial development; and further, 3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the following persons be appointed to the Markham Public Library Board with a term start date of May 1, 2019: 26 Name Term Edward Choi November 14, 2022 Raymond Chan November 14, 2022 Anthony Lewis November 14, 2022 David Whetham November 14, 2022 Jay Xie November 14, 2022 Iqra Awan November 14, 2022 Les Chapman November 14, 2022 Ben Hendricks November 14, 2022 Alick Siu November 14, 2022 Margaret McGrory November 14, 2022 Lillian Tolensky November 14, 2022 Pearl Mantell November 14, 2022 2. That the following persons be appointed to the Committee of Adjustment with a term start date of May 1, 2019: Name Term Kelvin Kwok November 14, 2022 Sally Yan November 14, 2022 Patrick Sampson November 14, 2022 Jeamie Reingold November 14, 2022 Gregory Knight November 14, 2022 Arun Prasad November 14, 2022 Tom Gutfreund November 14, 2022

That By-law 2019-50 be given three readings and enacted. Three Readings 27 BY-LAW 2019-50 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF APRIL 16, 2019.