Council Meeting

That the Minutes of the Council Meeting held on June 14, 2022, be adopted.

That the deputation of Tony Romanelli of RCC Media Inc. be received.

That the rules of procedure be waived in order to allow a deputation from Judi McIntyre to address Council on a new item related to Festivals and Celebrate Markham.

That the Memorandum titled, “Hold Removal By-law, Forest Bay Homes, West side of Kirkham Drive, north of Steeles Avenue East, Block 150, Plan 65M-4619, HOLD 22 244158 (Ward 7)”, dated June 27, 2022, be received; and, That the attached Zoning By-law to remove the Holding provision from the zoning of the subject lands, known as Block 150, Plan 65M-4619, be approved; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2022-83)

That the request for the City of Markham for a Special Occasion Permit for Champagne and Game to be held on August 13, 2022 at 5pm - 10 pm at 60 Main Street North, #3, Markham, L3P 1X5 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; That the City of Markham recognize the Champagne and Game as an event of "Municipal Significance".

That the memorandum dated June 24, 2022 from the Director of Legislative Services & City Clerk, and Acting Senior Manager, Corporate Communications and Community Engagement regarding "Implementation of Digital Bridge Overpass Banner Signs in Markham", be received.

That the following new 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 and added to the Five-Year List of Request to Raise Flag approved by Council: Hakka Heritage Week - June 17 to 26, 2022 (Organized by the Hakka Canadian Association)

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

That the deputations by Dave Dsiewiecki, Don Given, Katya Servalle, and Dave Hardy regarding U/G tanks be received; and, That the U/G tanks proposed for the two draft approved plans of subdivision in the FUA Robinson Glen Secondary Plan be permitted, subject to successful negotiations of parkland credits and the appropriate financial contribution to the City to offset the additional future operating and maintenance costs of U/G tanks; and, That the type, design and specifications of the U/G tanks proposed in the Robinson Glen Secondary Plan be to the satisfaction of Director of Engineering and Director of Environmental Services; and, That the design of the proposed uses on top of the U/G tanks in the Robinson Glen Secondary Plan be to the satisfaction of Directors of Planning, Engineering, Environmental Services and Operations; and, That proposals for U/G tanks be reviewed on a case by case basis by Engineering and Planning Departments, in consultation with Environmental Services Department, to ensure that the proposed location is appropriate and the proposed type of U/G tank meets the City’s specifications and criteria; and, That the Engineering Department, in consultation with Planning and Environmental Services Departments, procures the services of a professional engineering consultant to assist in the development of appropriate criteria of acceptance for the consideration of U/G tanks, along with the acceptable uses above the facilities, along with the necessary specifica

That the report entitled “Highway 404 Mid-Block Crossing, North of 16 th Avenue – Project Update and Utility Relocations (Ward 2)”, be received; and, That the tendering process for the relocation of existing utilities for the Highway 404 Mid-Block Crossing North of 16 th Avenue, be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 7 Non-Competitive Procurement item 11.2 which states “Requests for Tenders, Requests for Proposals and Requests for Quotation may not be required for goods and services provided by any of the following: (b) utilities; and, That Staff be authorized to issue a Purchase Order to the Regional Municipality of York (“York Region”), in the amount of $929,994.59, inclusive of HST, for Markham’s share of the cost for utility relocation work; and, That the Engineering Department Capital Administration Fee in the amount of $17,547.07, be transferred to revenue account 640-998-8871 (Capital Administration Fees); and, That Markham’s portion of the project cost in the amount of $947,541.66 ($929,994.59 + $17,547.07), be funded from capital project #22030 (Highway 404 Mid-Block Crossing, North of 16 th Avenue – Utility Relocation) with an available budget of $2,282,700 as outlined in this report; and, That the remaining balance in capital project #22030 in the amount of $1,335,158.34 ($2,282,700.00 - $947,541.66) be returned to the original funding source; and further, That Staff be authorized and directed to do all things necessary to give effe

That the report entitled “ 009-T-22 Yonge & Grandview Park - Construction” be received; and, That staff be authorized to award a contract to Quality Property Services , the lowest priced bidd er, in the total amount of $ 590,483.80 inclusive of HST ; and, That a contingency in the amount of $47,238.70 (8%) inclusive of HST established to cover any additional project costs be approved, 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, That the Urban Design Capital Administration Fee in the amount of $57,395.03 be approved; and, That the award, contingency and capital administration amounts in the total amount of $695,117.53 ($590,483.80 + $47,238.70 + $57,395.03) be funded from capital project 21023 Yonge & Grandview Park – Construction, GL account 081-5350-21023-005, which has an available budget of $645,106.00; and, That the shortfall of $50,011.53 ($645,106.00 - $695,117.53) be funded from the City-wide Soft Development Charges in the amount of $45,010.38 (90%) and the Parks Cash-in-Lieu in the amount of $5,001.15 (10%); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “002-R-22 Consulting Engineering Services for Markham Village Flood Control Implementation - Phase 1 Storm/ Sanitary Sewers and Cast Iron Watermain Upgrades” be received; and, That the detailed design work under contract 002-R-22 Consulting Engineering Services for Markham Village Flood Control Implementation - Phase 1 Storm/ Sanitary Sewers and Cast Iron Watermain Upgrades (inclusive of Phases 1A, 1B, and 1C) be awarded to the highest ranked, second lowest priced Bidder, R.V. Anderson Associates Limited, in the amount of $ 1,204,735.62 , inclusive of HST; and, That a 20% contingency in the amount of $ 240,947.12 , 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, That the Consulting Engineering Services for detailed design award in the amount of $ 1,445,682.75 ($ 1,204,735.62 + $ 240,947.12 ) be funded from the capital project 058-6150-22193-005 “Markham Village Flood Control Implementation Phase 1 - Design”; and, That the remaining budget of $569,217.25 in capital project 058-6150-22193-005 “Markham Village Flood Control Implementation Phase 1 - Design” will not be required from the Stormwater Fee Reserve; and, That the contract administration services (inclusive of 10% contingency) be awarded to R.V. Anderson Associates Limited for: Phase 1A in the amount of $586,094

That the report entitled “Tender 207-T-21 Fairtree Cricket Pitch Lighting Installation” be received; and, That the contract for Tender 207-T-21 Fairtree Cricket Pitch Lighting Installation be awarded to the lowest priced bidder, Nadelec Contracting Inc. in the amount of $386,118.14, inclusive of HST; and, That a 10% contingency in the amount of $38,611.81 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expending of the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and, That the estimated costs of $424,729.96 ($386,118.14 + $38,611.81) be funded from accounts as listed in the Financial Considerations section with budget available of $227,915.00; and, That the budget shortfall in the amount of $196,814.96 ($424,729.96 - $227,915.00) be funded from the Development Charges - City-Wide Soft Reserve in the amount of $177,133.46 (90%) and Non-DC Growth in the amount of $19,681.50 (10%); and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the Report entitled “Implementation of Digital Bridge Overpass Banner Signs in Markham” be received; and, That the memorandum dated June 24, 2022 from the Director of Legislative Services & City Clerk, and Acting Senior Manager, Corporate Communications and Community Engagement regarding "Implementation of Digital Bridge Overpass Banner Signs in Markham", in response to inquiries made at the June 20, 2022 General Committee meeting, be received; and, That the recommendation be approved; and, That Staff be authorized to complete negotiations and finalize a Digital Sign A greement with RCC Media Inc. for the installation and maintenance of Digital Overpass Banner Signs on CN railway bridges in Markham, to the satisfaction of the Commissioner of Corporate Services and the City Solicitor; and , That the Mayor and City Clerk be authorized to sign the agreement with RCC Media Inc ., and any amendment thereto approved by the Commissioner of Corporate Services and the City Solicitor; and, That Staff report back within 2 years of the signing of the agreement with RCC Media Inc. with a status report; and, That the deputations from Nancy Coldham, Valerie Burke, James Deframboise and Evelin Ellison be received; 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 Public Meeting be received & adopted. (1 Item):

That the Memorandum titled, “Patio Extension Program, City File PR-20-115253”, be received; That the city-wide Temporary Zoning By-law to permit new or expansions to existing outdoor patios, and outdoor sales and display in the Heritage Main Street Markham area, be approved; That authority to act on behalf of Council to grant municipal authorizations required by the Alcohol and Gaming Commission of Ontario for the temporary extension of a liquor license be delegated to the City Clerk; That Council grant the City’s processing fees for the temporary extension of liquor license requests be waived until December 31, 2023; That temporary new or temporary expansions to existing patios, which have been approved since June 30, 2020, and located on a private property, be granted temporary approval of their extension until December 31, 2023; And that Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2022-91)

That the memorandum dated June 28, 2022 from the Chief Administrative Officer on "Seeking Authorization for Councillor(s) Attendance at 2022 Ontario Heritage Conference"; be received; and, That Council authorize the attendance of Councillor Karen Rea and Councillor Reid McAlpine at the Ontario Heritage Conference in Brockville, Ontario on June 16-18, 2022; and cover related costs (registration, travel, accommodation) incurred at the Ontario Heritage Conference at a maximum cap of $2,000; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the deputation of Judi McIntyre regarding Festivals and Celebrate Markham be received; and, That the request for additional funding for four the Festivals (Unionville Olde Tyme Christmas; Markham Village Music Festival; Taste of Asia and TD Markham Jazz Festival); be

That By-laws 2022-81 to 2022-89 and 2022-91 and 2022-92 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 3:07 PM: 14.1 COUNCIL 14.1.1 CONFIDENTIAL COUNCIL MINUTES [Section 239 (2) (a) (b) (c) (e) (f)] (16.0) 14.2 REPORT OF GENERAL COMMITTEE - JUNE 20, 2022 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD; (WARD 8); (8.6) [Section 239 (2)(c)] 14.2.2 PROPOSED DISPOSITION OF REAL PROPERTY OF THE CITY OR LOCAL BOARD (WARD 1); (8.1) [Section 239 (2)(a)] 14.2.3 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD (WARD 8); (8.6)[Section 239 (2)(c)] 14.2.4 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD - RELOCATION OF KOCH-WIDEMAN HOUSE OT MARKHAM HERITAGE ESTATES (WARD 6); (8.6)[Section 239 (2)(c)] 14.3 NEW/ OTHER BUSINESS 14.3.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD - (WARD 5) (8.6)[Section 239 (2)(c)] 14.4 REPORT OF DEVELOPMENT SERVICES COMMITTEE - JUNE 27, 2022 14.4.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; 14.4.2 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD (WARD 1) [SECTION 239 (2) (e)] (10.5) 14.4.3 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE

That Council rise from Confidential session at 3:33 PM

That the confidential Council minutes of the Council Meeting held on June 14, 2022, be adopted.

That the confidential presentation on the proposed or pending acquisition of land by City or local board; (Ward 8) be received; and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on the proposed disposition of real property of the City or local board (Ward 1); be received, and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on the proposed acquisition of land by the city or local board (Ward 8); be received, and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on the proposed or pending acquisition of disposition of land by the City or local board - Relocation of Koch-Wideman House at Markham Heritage Estates (Ward 6); be received, and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on a proposed or pending acquisition or disposition of land by the municipality or local board (Ward 5); be received; That in accordance with By-law 178-96, the lands described as Parts 1 and 2, on Registered Plan 65R-39921, City of Markham, Regional Municipality of York, being 0.149 acres (the “ Subject Property ”), be declared surplus; That staff be authorized and directed to do all things necessary to give effect to the foregoing.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ward 8) – Update on the City of Vaughan's Yonge/Steeles Corridor Secondary Plan, Ontario Land Tribunal ("OLT") appeals, be received; and, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ward 1) – OLT Appeal – 36-38 Steeles Avenue E. and 37-49 Highland Park Blvd., be received; and, That Council direct the City Solicitor, or designate, and Staff to attend the Ontario Land Tribunal (“OLT”) in opposition to the appeal on the basis as outlined in this confidential report; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Angus Glen Secondary Plan Ontario Land Tribunal Appeal Update; be received, and, That staff be authorized and directed to do all things necessary to give effect to these resolutions.

That By-law 2022-90 be given three readings and enacted. Three Readings BY-LAW 2022-90 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 28, 2022

That the Council meeting be adjourned at 3:39 PM.