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

Meeting Number: 17

Wednesday, May 31, 2023 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

SPECIAL COUNCIL MINUTES - MAY 5, 2023

• 1. That the Minutes of the Special Council Meeting held on May 5, 2023, be adopted.

3.2

COUNCIL MINUTES - MAY 17 2023

• 1. That the Minutes of the Council Meeting held on May 17, 2023, be adopted.

4.

PRESENTATIONS

4.1

UNITED WAY CHEQUE PRESENTATION (12.2.6)

No Attachment

Note: Tarana Rahimi, Manager, Corporate Donor Relations of United Way Greater Toronto will be in attendance for the cheque presentation.

5.

DEPUTATIONS

6.

COMMUNICATIONS

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. National Indigenous History Month, June 2023.
     2. Indigenous People Day, June 21, 2023.
     3. Pride Month, June 2023.
     4. International Public Service Day, June 23, 2023.
     5. International Day Against Drug Abuse and Illicit Trafficking, June 26, 2023.
     6. International Trigeminal Neuralgia Day, June 26, 2023.
  2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. International Public Service Day, June 23, 2023.

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 21 GENERAL COMMITTEE (MAY 23, 2023)

Mayors and Members of Council:

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

8.1.1

DEVELOPMENT CHARGES AND COMMUNITY BENEFITS CHARGE DECEMBER 31, 2022 RESERVE BALANCE AND ANNUAL ACTIVITY OF THE ACCOUNTS  (7.11)

K. Ross, ext. 2126 / S. Neville, ext. 2659

• 1. That the report titled “Development Charge and Community Benefits Charge December 31, 2022 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 Section 37(48) of the Planning Act; and further,
  2. That staff be authorized and directed to do all things necessary to give effect to this report.

8.1.2

DEVELOPMENT CHARGES INTEREST POLICY (7.11)

K. Ross, ext. 2126 / S. Neville, ext. 2659

• 1. That the report entitled “Development Charge Interest Policy” be received; and,
  2. That the revised “Development Charge Interest Policy”, attached as Appendix A, be adopted by Council; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

2023 TAX RATES AND LEVY BY-LAW REPORT (7.3)

S. Manson, ext. 7514

• 1. That the report dated May 23, 2023 entitled “2023 Tax Rates and Levy By-law” be received; and,
  2. That a by-law to provide for the levy and collection of property taxes totalling $814,035,928 required by the City of Markham, the Regional Municipality of York, Province of Ontario (Education) and Business Improvement Areas, in a form substantially similar to Appendix A (attached), satisfactory to the City Solicitor and provides for the mailing of notices and requesting payment of taxes for the year 2023, as set out as follows, be approved; and,

  TAX LEVYING BODY	2023 TAX LEVY AMOUNT
  City of Markham	$176,566,030
  Region of York	$383,061,591
  Province of Ontario (Education)	$253,954,446
  Markham Village BIA	$239,640
  Unionville BIA	$214,221
  Total	$814,035,928

   

  3.   That staff be authorized to levy against Markham Stouffville Hospital and Seneca College the annual levy pursuant to Section 323 of the Municipal Act, 2001, as outlined in Section 9 of the attached by-law once the required information is received from the Ministry of Training, Colleges and Universities; and,

  4.   That the attached by-law be passed to authorize the 2023 Tax Rates and Levy By-law; and further,

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

8.1.4

TAX ADJUSTMENT UNDER SEC. 357 & 358 OF THE MUNICIPAL ACT, 2001 (7.3)

S. Manson, ext. 7514

• 1. That the Report for the Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001 be received; and,
  2. That taxes totalling approximately $175,191 (incl. $2,556 of Stormwater Fees) be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s tax portion is estimated to be $34,259; and,
  3. That the associated interest be cancelled in proportion to the tax adjustments; and,
  4. That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.5

2023 UNIONVILLE BUSINESS IMPROVEMENT AREA AND MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA OPERATING BUDGETS (7.4)

J. Pak, ext. 2514

• 1. That the report titled “2023 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated May 9, 2023 be received; and,
  2. That the 2023 Operating Budget in the amount of $450,000 for the Unionville Business Improvement Area (UBIA) be approved; and,
  3. That the 2023 Operating Budget in the amount of $334,034 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 $239,640 for the MBIA members be included in the 2022 Tax Levy By-law; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.6

WASTEWATER 2022 O&M ANNUAL REPORT (5.0)

E. Tovilla, ext. 2445

• 1. That the report entitled “2022 Wastewater Collection Performance Report” (the 2022 Report) be received; and, 
  2. That Council acknowledge and endorse the 2022 Report and its outcomes as a baseline for future reporting; and, 
  3. That Staff be authorized to share this 2022 Report with the Ministry of the Environment, Conservation and Parks (Ministry), as a best practice and to seek early feedback, in anticipation of reporting requirements under the Consolidated Linear Infrastructure (CLI) Environmental Compliance Approval (ECA) for the City’s Collection System; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.7

AUDITOR GENERAL OVERVIEW ORIENTATION (ROLE) AND UPDATE ON AUDITS COMPLETED DURING TERM AND AUDIT PLAN FOR 2023 (7.0)

• 1. The presentation by the Auditor General titled City of Markham: Audit Plan Update be received; and 
  2. Thar Council approve the recommended Audit Plan for 2023; and further, 
  3. That Staff be directed and authorized to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 22 DEVELOPMENT SERVICES COMMITTEE (MAY 30, 2023)

• 
  That the report of the Development Services Committee be received & adopted. (Items 1 to 8):

8.2.1

PLANNING AND URBAN DESIGN DEPARTMENT – 2023 WORK PLAN (10.0)

L. Yip, ext. 3363 / D. Wedderburn, ext. 2109 / T. Iacobelli, ext. 7925 / R. Fournier, ext. 2120

• 1. That the report entitled, “Planning and Urban Design Department – 2023 Work Plan” be received; and further,
  2. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

MILLIKEN CENTRE SECONDARY PLAN - DRAFT POLICY FRAMEWORK  (10.0)

L. da Silva, ext. 3115 / D. Wedderburn, ext. 2109

• 1. That the staff report entitled, “Milliken Centre Secondary Plan - Draft Policy Framework” dated May 30, 2023, be received; and,
  2. That the deputation from Marshall Smith, KLM Planning, be received; and,
  3. That the written submission from Jonathan S. Cheng, Stikeman Elliot LLP, and Peter Chee, Miko Urban, be received; and,
  4. That Council authorize staff to schedule a statutory public meeting on the Milliken Centre Secondary Plan Draft Policies, attached as Appendix ‘A’ to this staff report; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

2023 POP-UP OFF-LEASH DOG AREA PILOT PROGRAM (6.3)

M. Meere, ext. 5790 / C. Jattan, ext. 2451

• 1. That the report entitled “2023 Pop-up Off-Leash Dog Area Pilot Program' dated May 30, 2023 be received; and,
  2. That Council endorse the recommended locations of the Off-Leash Dog Area Pilot Program as per Appendix A attached hereto; and,
  3. That a new 2023 Urban Design Capital Budget be established and funded from Development Charges (Parks Development Reserve) in the amount of $287,334; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

RECOMMENDATION REPORT, RED LINE REVISION APPLICATION SUBMITTED BY CONDOR PROPERTIES LTD. TO CHANGE DRAFT APPROVED PLAN OF SUBDIVISION 19TM-18006 AND ITS CONDITIONS (WARD 1);

INFORMATION REPORT, REQUEST BY RDG GATEWAY TOWER ONE TO ENTER INTO AN AGREEMENT UNDER SECTION 47 (4.4) OF THE PLANNING ACT TO FACILITATE A MIXED USE DEVELOPMENT IN THE LANGSTAFF GATEWAY AREA CONSISTING OF TWO TOWERS (46 AND 49 STOREYS) ATOP A COMMON PODIUM FOR BLOCK A ON DRAFT PLAN OF SUBDIVISION 19TM-18006 (WARD 1) (10.7) 

D. Brutto, ext. 2468

• 1. That the staff report, dated May 30, 2023, containing the subjects titled, “RECOMMENDATION REPORT, Red Line Revision Application submitted by Condor Properties Ltd. to change Draft Approved Plan of Subdivision 19TM-18006 and its conditions (Ward 1); INFORMATION REPORT, Request by RDG Gateway Tower One to enter into an agreement under Section 47 (4.4) of the Planning Act to facilitate a mixed use development in the Langstaff Gateway Area consisting of two towers (46 and 49 storeys) atop a common podium for Block A on Draft Plan of Subdivision 19TM-18006 (Ward 1)”, be received; and,
  2. That the deputations from Bijan Pardis and Essy Taeb be received; and,
  3. That the written submission from Mike Everard, Augusta National Inc., be received; and,
  4. That the Red Line Revision Application submitted by Condor Properties Ltd. to change Draft Approved Plan of Subdivision 19TM-18006 and its conditions, attached hereto as Figure 7 and Appendix ‘B’, be approved; and,
  5. That the Director of Planning and Urban Design or designate, be delegated authority to issue Draft Plan Approval, subject to the revised conditions set out in Appendix ‘B’, as may be amended by the Director of Planning and Urban Design or designate; and,
  6. That servicing allocation for 1,132 units be assigned to Draft Plan of Subdivision 19TM-18006; and,
  7. That Council has no objection to the partial demolition of the non-heritage components and foundation of the Munshaw House subject to compliance with the Keep Markham Beautiful By-law requirements, to facilitate its relocation to a temporary storage location pending determination of its final location; and,
  8. That Council has no objection to the amendment of the existing Designation By-law (2104-20) to address any necessary revisions to the by-law including the legal description for the temporary location and the permanent location; and,
  9. That the City be authorized to enter in a development agreement with RDG under Section 47 (4.4) of the Planning Act to secure site plan like matters; and,
  10. That the City Solicitor be authorized to negotiate the terms of use of the Community Use Space, if deemed necessary, on terms satisfactory to the City Solicitor in consultation with the Commissioner of Development Services and the Commissioner of Community Services; and,
  11. That Council authorize the Mayor and Clerk to amend the Construction Agreement, dated September 1, 2017 with Markham Gateway Developments Inc., as necessary, to allow for the construction of additional work, including but not limited to, covering/piping the Pomona Creek and the construction of the culvert over Pomona Mills Creek; and further,
  12. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

       

8.2.5

COMMENTS ON THE PROPOSED PROVINCIAL PLANNING STATEMENT (10.0)

D. Wedderburn, ext. 2109 / L. D'Souza, ext. 2180

Note: The following matter was referred to Council from the May 30, 2023 Development Services Committee meeting. 

• Whereas the City of Markham made a pledge, committing to facilitating the construction of 44,000 new units by 2031 to support the Provincial housing goal;

  Whereas many of the changes in the Proposed Provincial Planning Statement are counterproductive to the housing goal and may result in uncoordinated planning and development;

  Whereas Markham Council strongly opposes privately initiated employment conversions in an effort to provide a balance between residential and economic growth;

  Whereas on May 30, 2023 the commenting period on the proposed Provincial Planning Statement was extended to August 4, 2023 which provides an opportunity for the Province and municipalities to collaborate and find appropriate solutions to addressing the housing crisis before the policies are finalized;

  Therefore, be it resolved:

  1. That Council request the Minister of Municipal Affairs and Housing to immediately convene a meeting with the Ontario Big City Mayors and appropriate stakeholders/industries to provide the rationale of the proposed Provincial Planning Statement and discuss implications of the proposed policy changes and collaboratively find alternative solutions to achieving the housing targets that do not erode other areas of the provincial policy framework that municipalities rely upon to support realization of complete communities, infrastructure planning, and the wise use and management of our natural resources, and,
  2. That the report dated May 30, 2023 titled “Comments on the Proposed Provincial Planning Statement” be received; and,
  3. That this report be forwarded to the Minister of Municipal Affairs and Housing as the City of Markham’s comments on the Proposed Provincial Planning Statement; and,
  4. That the Province be advised of the City of Markham’s concerns in changes to the planning system in Ontario that eliminates the Provincial Policy Statement and Growth Plan, potentially resulting in less affordable housing, more urban sprawl, uncoordinated growth and inefficient use of infrastructure investments; and,
  5. That the Province include policies on affordable housing and maintain the definition of “affordable” tied to income thresholds for low to moderate income individuals in the Proposed Provincial Planning Statement; and,
  6. That the Province include growth forecasts in the Proposed Provincial Planning Statement for large and fast growing municipalities to continue the integrated and coordinated approach to managing growth and delivering infrastructure; and,
  7. That the Province maintain a standard methodology for determining the supply of land needed to support forecasted growth to ensure a consistent approach across Ontario; and,
  8. That the Province include policies in the Proposed Provincial Planning Statement requiring municipalities to meet minimum intensification targets and minimum density targets in greenfield areas to support the development of compact and complete communities and the efficient use of infrastructure; and,
  9. That the Province include policies in the Proposed Provincial Planning Statement for the creation of new settlement areas or settlement area boundary expansions to only occur as part of a comprehensive process through a municipally initiated official plan amendment; and,
  10. That the Province maintain the existing definition of employment area, including the discretionary consideration of institutional and commercial uses (retail and office) to support economic growth. Should the proposed definition be approved, provisions be included in the Proposed Provincial Planning Statement permitting the protection and continuation of existing employment area uses; and,
  11. That Council support the proposed flexibility to consider employment conversions outside of a municipal comprehensive review/comprehensive review, but recommends that the Province restrict conversions to those initiated by a municipality; and,
  12. That the Province maintain policies and growth forecasts from the Growth Plan that link land use planning and infrastructure planning to support growth in the Proposed Provincial Planning Statement. Should the Province proceed without growth forecasts, a methodology for identifying and protecting for longer term infrastructure should be provided to municipalities; and,
  13. That the Province include policies in the Proposed Provincial Planning Statement that includes the incorporation of development approved through a Minister’s Zoning Order as a part of the 25 year planning horizon, and not in excess; and,
  14. That Council support the inclusion of strategic growth area and major transit station area policies in the Proposed Provincial Planning Statement as they relate to fast and large growing municipalities; and,
  15. That Council not support the proposed new lot creation policies in rural areas and agricultural areas; and,
  16. That the Province consider adding a specific policy to address lot creation on a smaller parcel to enable the protection of protected heritage resources in rural and agricultural areas; and,
  17. That the Province re-introduce policies from the Provincial Policy Statement on Energy Conservation, Air Control and Climate Change in the Proposed Provincial Planning Statement and the overall approach to preparing for the impacts of a changing climate; and,
  18. That the Province maintain the existing cultural heritage and archaeological resource policies and definitions from the Provincial Policy Statement and Growth Plan in the Proposed Provincial Planning Statement, and add a new policy that addresses unprotected built heritage resources and cultural heritage landscapes; and,
  19. That the Province provide training to municipalities prior to the Proposed Provincial Planning Statement coming into effect as the changes represent a significant shift in the land use planning framework in Ontario; and further,
  20. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.6

CITYWIDE PARKING STRATEGY – POLICY FRAMEWORK AND PROGRESS UPDATE #1 (2.17, 5.12)

S. Wat, ext. 2077 / L. Cheah, ext. 4838

• 1. That the report titled “Citywide Parking Strategy – Policy Framework and Progress Update #1” be received; and,
  2. That Council endorse the draft vision, guiding principles and parking zone criteria as the policy framework of the Citywide Parking Strategy Study; and,
  3. That staff conduct a workshop with Council to help refine the parking zone criteria and guidelines; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.2.7

MEMORANDUM, CHANGES TO MUNICIPAL CLASS EA AS A RESULT OF A RECENT AMENDMENT AND PROPOSED MODERNIZATION BY THE MINISTRY OF THE ENVIRONMENT, CONSERVATION & PARKS (MECP) (10.0)

A. Cachola, ext. 2711

• 1. That the memorandum entitled “Changes to Municipal Class EA as a Result of a Recent Amendment and Proposed Modernization by The Ministry of the Environment, Conservation & Parks (MECP)” be received; and,
  2. That City of Markham Council strongly supports the recently approved amendment and the proposed modernization of the Municipal Class EA (MCEA) and applaud the Provincial government in bringing these amendments forward in order to support the timely implementation of infrastructure; and further,
  3. That staff continue to monitor any additional proposals and decisions related to the Environmental Assessment process and raise any concerns or potential negative impacts that may affect the City's capital project delivery.

8.2.8

32ND WORLD HAKKA CONFERENCE, LONGNAN, GANZHOU, CHINA, NOVEMBER 7 – 9, 2023 (10.16)

C. Rickett, ext. 4871

• 1. That the report entitled “32nd World Hakka Conference, Longnan, Ganzhou, China, November 7 – 9, 2023” be received; and,
  2. That Council approve business travel for Mayor Scarpitti or designate, Chair of Economic Growth, Culture & Entrepreneurship Regional Councillor Alan Ho and Regional Councillor Joe Li to attend the 32nd World Hakka Conference in Longnan, Ganzhou, China from November 7 – 9, 2023; and,
  3. That the total cost of the 32nd World Hakka Conference in Longnan, Ganzhou, China not exceed $15,000 CDN and be funded from the Corporate Contingency Account, as the 2023 International Investment Attraction Operating Budget is fully allocated; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this 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

13.1

BY-LAW 2023-90, A BY-LAW TO PROVIDE FOR 2023 TAX RATES AND LEVY

To provide for the Levy and Collection of Sums required by the Corporation of The City of Markham for the year 2023 and to provide for the mailing of notices requiring payment of taxes for the year 2023

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 SPECIAL COUNCIL MINUTES - MAY 5, 2023, [MUNICIPAL ACT, 2001, Section 239 (2) (b) (d) (f)]

14.2

FINANCE & ADMINISTRATIVE ITEMS

14.2.1

RECRUITMENT OF A NON UNION MANAGEMENT POSITION

(PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES AND LABOUR RELATIONS OR EMPLOYEE NEGOTIATIONS) [MUNICIPAL ACT, 2001, Section 239 (2) (b) (d)]

Staff will provide a verbal update.

14.3

REPORT FROM GENERAL COMMITTEE (MAY 23, 2023)

14.3.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [SECTION 239 (2) (e)]

UPDATE REPORT - REQUEST FOR DIRECTION RE: ONTARIO LAND TRIBUNAL APPEAL BY TIMBERCREEK FOUR QUADRANT GP2 INC., OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS AT 288, 298, AND 300 JOHN STREET (WARD 1)  (10.3, 10.5) 

14.4

REPORT FROM DEVELOPMENT SERVICES COMMITTEE (MAY 30, 2023)

14.4.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (13.13) [MUNICIPAL ACT, 2001, SECTION 239 (2) (e)] REQUEST FOR DIRECTION RE RDG GATEWAY TOWER ONE INC. 

SECTION 69(3) OLT APPEAL 

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-89 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-89 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 31, 2023.

16.

ADJOURNMENT