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

Meeting Number: 23

Wednesday, September 27, 2023 at 1:30 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 - SEPTEMBER 12, 2023

• 1. That the Minutes of the Council Meeting held on September 12, 2023, be adopted.

4.

PRESENTATIONS

4.1

PRESENTATION - CANADIAN ASSOCIATION OF MUNCIPAL ADMINISTRATORS - CAMA WILLIS FOR INNOVATION FOR A POPULATION OVER 100,000 AWARD FOR INNOVATING DEMOCRACY AT THE CITY OF MARKHAM:  2022 MARKHAM MUNICIPAL ELECTION  (12.2.6)

Presenter: Gary Kent, Chief Administrative Officer, Region of Peel and CAMA Board Direct-At-Large for Municipalities with a Population Over 100,000.

The City of Markham has been awarded the 2023 CAMA Willis Award for Innovation for a Population over 100,000 for innovating Democracy at the City of Markham: 2022 Markham Municipal Election.

The CAMA Willis Award for Innovation, recognizes programs, projects or services that demonstrate new approaches to leading, facilitating, or administering which result in positive changes to local government processes and practices, and ultimately bringing outstanding benefits to the organization and the community.

Mr. Gary Kent, Chief Administrative Officer, Region of Peel and CAMA Board Direct-At-Large for Municipalities with a Population Over 100,000 presented the 2023 CAMA Willis Award to the City Clerk, Kimberley Kitteringham, and Members of the Elections Markham Team.

• 1. That the 2023 CAMA Willis Award for Innovation for a Population over 100,000 for innovating Democracy at the City of Markham: 2022 Markham Municipal Election. be received; and,
  2. That the Elections Markham Team be congratulated for their efforts in achieving the 2023 CAMA Willis Award.

5.

DEPUTATIONS

5.1

DEMETRIOS (JIM) PARASKEVOPOULOS - PLAN 23 131550 - ZONING BY-LAW AMENDMENT APPLICATION - 2 OVIDA BLVD (13.0)

Demetrios (Jim) Paraskevopoulos will be in attendance to address Council. 

(Item 8.1.1)

6.

COMMUNICATIONS

6.1

ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - ANGUS GLEN SECONDARY PLAN (WARD 6) (13.13)

Summary from the City Solicitor:

On July 26, 2023, the Ontario Land Tribunal (“OLT”) issued an order approving the Angus Glen Secondary Plan (the “Secondary Plan”). The OLT decision and order resulted from an appeal by the Angus Glen Landowners Group (“AGLG”) of the City’s non-decision of the Official Plan Amendment application to provide for a Secondary Plan for the Angus Glen concession block located in the Future Urban Area planning district.

The lands subject to this Secondary Plan are located within the concession block bounded by Major Mackenzie Drive, Warden Avenue, Elgin Mills Road, and Kennedy Road, which total approximately 400 gross hectares. The subject lands are legally described as Parts of Lots 21,22, 23, 24 and 25, Concession 5. The subject lands outside of the Greenway System are identified for urban development in the Official Plan.

In the decision and order, the OLT approved the settlement and settled upon Secondary Plan that was reached between the City, the AGLG, York Region, the TRCA, the York Region District School Board, and the York Region Catholic School Board. The OLT approved the settlement on the basis that the Secondary Plan conformed with all applicable Planning legislation and policy.

The Secondary Plan designates lands for primarily residential and golf course major recreational use, incorporating the existing golf course, existing community facilities and active park uses, as well as additional required community facilities such as schools and parks, opportunities for local and community retail, and integrated open space and transportation systems.  The Secondary Plan also designates natural heritage lands for protection from development and provides policy direction with respect to matters related to the golf course major recreational use, stormwater management facilities, and road linkages. 

The Secondary Plan refines the ‘Greenway’ designation and replaces the ‘Future Neighbourhood Area’ land use designation shown in Map 3 - Land Use of Part 1 of the Official Plan with appropriate residential and mixed use land use designations for the developable portions of the subject lands.  The Secondary Plan also refines certain policies, maps and appendices in Part 1 of the Official Plan as they pertain to the Secondary Plan Area, to be consistent with the Secondary Plan.

(By-Law 2023-130)

By-law 2023-130 as approved by OLT, for information only to facilitate the assignment of a by-law number.

• 1. That the communication from the City Solicitor regarding the Ontario Land Tribunal (OLT) decision for Ontario Land Tribunal (OLT) Decision made - Angus Glen Secondary Plan (Major Mackenzie Drive, Warden Avenue, Elgin Mills Road, and Kennedy Road,  Parts of Lots 21,22, 23, 24 AND 25, Concession 5) (Ward 6) be received.

6.2

CORRESPONDENCE FROM DEMETRIOS (JIM) PARASKEVOPOULOS - PLAN 23 131550 - ZONING BY-LAW AMENDMENT APPLICATION - 2 OVIDA BLVD (13.0)

(Item 8.1.1)

• 1. That the communications dated September 7, 2023 and September 26, 2023 from Jim Paraskevopoulos regarding the Plan 23 131550, Zoning By-Law Amendment Application - 2 Ovida Blvd be received.

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 1. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. SHRIMAD RAJCHANDRA DAY, NOVEMBER 9, 2023.
     2. CIRCULAR ECONOMY MONTH, OCTOBER, 2023.
     3. ECONOMIC ABUSE AWARENESS DAY, NOVEMBER 26, 2023.

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 32 DEVELOPMENT SERVICES PUBLIC MEETING (SEPTEMBER 5, 2023)

Please refer to your September 5, 2023 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 REPORT, PARSONS INC., ZONING BY-LAW AMENDMENT TO PERMIT A TEMPORARY MULTIPHASE EXTRACTION REMEDIAL SYSTEM WITHIN AN ENCLOSED CONTAINER AT 2 OVIDA BOULEVARD, OVIDA BOULEVARD AND HIGHWAY 7 EAST (WARD 4), FILE NO. PLAN 23 131550

(By-law 2023-137)

• 1. That the “PUBLIC MEETING INFORMATION REPORT – Zoning By-law Amendment application to permit a temporary a Multiphase Extraction (MPE) remedial system within an enclosed building (Ward 4), (File No. PLAN 23 131550) at 2 Ovida Boulevard, submitted by Parsons Inc. (c/o Salina Chan). be received; and,
  2. That Staff be directed to facilitate a meeting with Parsons Inc., the Ministry of the Environment, and the area residents to further discuss the proposal and remediation efforts; and,
  3. That Staff aim to bring the application forth to Council by September 27^th; and,
  4. That the deputations from Demetrios Paraskevopoulos and Rich Coram be received; and
  5. That the written submissions from Demetrios Paraskevopoulos and Tupper Wheatley be received; and,
  6. That the Record of the Public Meeting held on September 5, 2023, with respect to the proposed application for Zoning By-law Amendment submitted by submitted by Parsons Inc. (c/o Salina Chan) for 2 Ovida Boulevard (File No. PLAN 23 131550), be received; and,
  7. That the application by Parsons Inc. (c/o Salina Chan) for the proposed Zoning By-law Amendment (File No. PLAN 23 131550), be approved and the draft implementing Zoning By-law Amendment be finalized and enacted without further notice; and further,
  8. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 33 GENERAL COMMITTEE (SEPTEMBER 19, 2023)

Please refer to your September 19, 2023 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 2):

8.2.1

MAYOR YOUTH COMMITTEE 2024/2025 APPOINTMENTS (16.24)

• 1. That the Report Appointment of Members to the Markham Mayor’s Youth Council for the period of September 5, 2023 to June 30, 2024 be received; and, 
     
  2. That the following Appointments of Members to the Markham Mayor’s Youth Council be confirmed for the term September 5, 2023 to June 30, 2024; and further, 

  Name	School	Grade	Ward
  Kelly Liu	University of Toronto Schools	9	1
  Sabine Cuesta	Saint Robert Catholic High School	10	1
  Christian Matros	Saint Robert Catholic High School	10	1
  Varna Venkatesh	Saint Robert Catholic High School	10	6
  Michael Li	Markville Secondary School	10	6
  Oscar Cheng	Saint Robert Catholic High School	10	8
  Elisabeth Lum	Markville Secondary School	10	3
  Lilia Zitouni	Saint Robert Catholic High School	10	1
  Kara Cespedes	Markville Secondary School	10	3
  Ivy Chen	Markville Secondary School	10	6
  Zoey Rodrigues	Bill Hogarth High School	10	6
  Jin Zhou	Thornlea High School	11	1
  Melody Cao	Bayview Secondary School	11	2
  Mehrava Afshani	Bayview Secondary School	11	2
  Hadia Rasool	Markham District High School	11	7
  Sarah Gao	Bayview Secondary School	11	6
  Rithikha Kalaiunarbavan	Middlefield Collegiate Institute	11	7
  Callista Chan	Saint Augustine Catholic High School	12	6
  Elyssa Qi	Saint Augustine Catholic High School	12	2
  Tom Zheng	Cresent School	12	3
  Jiabei He	Bill Hogarth High School	12	5
  Aiden Ma	Saint Robert Catholic High School	12	1
  Isabella Peng	Unionville High School	12	4
  Sam Chan	Saint Augustine Catholic High School	12	2
  Ananiya Narmathan	Saint Augustine Catholic High School	12	2

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

8.2.2

REQUEST FOR PROPOSAL 163-R-23 CITYWIDE BUILDING MECHANICAL AND HVAC SYSTEMS MAINTENANCE (7.0)

• 1. That the report entitled “Request for Proposal 163-R-23 Citywide Building Mechanical and HVAC Systems Maintenance” be received; and,
  2. That the contract for Services be awarded to the highest ranked bidder, S.I.G. Mechanical Services Limited, for a term of two (2) years in the total amount of $1,629,485.08 inclusive of HST as per the following; and, 
     • November 1, 2023 - October 31, 2024 - $814,742.54
     • November 1, 2024 - October 31, 2025 - $814,742.54

       
       Total: $1,629,485.08
       
       

  3. That the contract include an option for the City (in its sole discretion) to extend the contract for up to four (4) additional one (1) year terms. Pricing will be firm for the first two years of the contract and prices in years three, four, five and six will be subject to Consumer Price Index (CPI) increase to a maximum of 2%; and,
  4. That the Director of Sustainability & Asset Management and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for an additional four (4) one year periods subject to approval of the annual operating budget, vendor performance, and an increase based on the CPI to a maximum of 2%; and,
  5. That the award be funded from the accounts identified in the Financial Considerations section, subject to approval of the 2024-2029 operating budgets; and,
  6. The annual shortfall of $42,632.99 be captured as part of the 2024 contract escalations and adjusted accordingly, subject to approval of the 2024-2029 operating budgets; and further, 
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 34 DEVELOPMENT SERVICES COMMITTEE MEETING (SEPTEMBER 26, 2023)

Please refer to your September 26, 2023 Development Services Committee meeting Agenda for reports.

Mayors and Members of Council:

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

8.3.1

MINGAY AVENUE AT HAMMERSLY BOULEVARD PROPOSED ALL-WAY STOP (WARD 6) (5.12)

• 1. That the report entitled “Mingay Avenue at Hammersly Boulevard Proposed All-way Stop (Ward 6)” be received; and,
  2. That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of Mingay Avenue at Hammersly Boulevard; and,
  3. That the Operations Department be directed to install the appropriate signs and pavement markings at the subject location; and,
  4. That the cost of materials and installation for the traffic signs and pavement markings in the amount of $1,000 be funded from capital project #083-5350-23112-005 (Traffic Operational Improvements); and,
  5. That York Regional Police be requested to enforce the all-way stop control upon installation of these stop signs and passing of the By-law; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

RECOMMENDATION REPORT, REVISION TO A LEGAL DESCRIPTION OF A DESIGNATION BY-LAW 9392 KENNEDY ROAD (“THE THOMAS LOWNSBOROUGH HOUSE”), WARD 6 (16.11)

(By-Law 2023-131)

• 1. That the Staff report, dated September 26, 2023, titled, “RECOMMENDATION REPORT - Revision to a Legal Description of a Designation By-law, 9392 Kennedy Road (“The Thomas Lownsborough House”), Ward 6”, be received; and,
  2. That the legal description, as contained within the previously approved Heritage Designation By-law 2020-72, be amended to reflect the property’s current legal description, and that By-law 2020-72 be amended to ensure conformance with the Ontario Heritage Act, as amended; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

AMENDMENT TO BY-LAW 2023-20 (A BY-LAW TO ESTABLISH PROCEDURES FOR PROCESSING PERMIT APPLICATIONS UNDER THE ONTARIO HERITAGE ACT) AND BY-LAW 2002-276, AS AMENDED. (16.11)

(By-Law 2023-142)

• 1. That the report dated September 26, 2023, titled, “Amendment to By-law 2023-20 (A By-Law to Establish Procedures for Processing Permit Applications under the Ontario Heritage Act) and By-law 2002-276, as amended”, be received; and,
  2. That the proposed by-law amendment to By-law 2023-20 attached to this report as Appendix “A”, be adopted; and,
  3. That By-law 2002-276, as amended by By-law 2023-21, being a by-law to impose fees or charges for services or activities provided or done by the City, be further amended to reflect the Heritage Permit application fees as noted in Appendix “B” attached to this report’; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

MARKHAM TRANSPORTATION MASTER PLAN STUDY TERMS OF REFERENCE (10.0)

• 1. That the report entitled “Markham Transportation Master Plan Study Terms of Reference” be received; and,
  2. That the following TMP Study Terms of Reference be endorsed:
     1. Develop a comprehensive consultation plan to solicit public and stakeholder input and feedback on transportation needs throughout the TMP’s development; and,
     2. Complete a background review of relevant information, studies, and data to understand Markham’s planning context and transportation needs in existing plans including provincial, regional, and local transportation plans; and,
     3. Undertake a transportation needs assessment to review existing travel demand patterns and forecast future travel demand. Analyze gaps and opportunities under existing and future conditions to inform development of transportation network options and policies; and,
     4. Establish an overarching vision and guiding principles for the TMP in consultation with internal and external stakeholders; and,
     5. Develop whitepapers on electrification and autonomous vehicles, and transportation data sources, to inform policy and strategy development; and,
     6. Develop a complete streets design guidelines and strategy to enhance transportation options for all road users, providing conceptual cross-sections for all City roads and reviewing road classifications; and,
     7. Develop a micro-mobility and shared-mobility services strategy that integrates new and emerging personal and shared micro-mobility devices into Markham’s existing and future transportation network; and,
     8. Assess the need and justification of specific transportation network improvement options for active transportation, transit, roads, and micro-mobility, leading to recommended revised multi-modal transportation networks; and,
     9. Develop transportation policies for incorporation into the Official Plan update; and,
     10. Prepare an implementation plan, including a 10-year infrastructure capital plan and funding strategies to support the implementation of the TMP; and further,
  3. 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

That By-laws 2023-131 to 2023-142 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-130, ANGUS GLEN SECONDARY PLAN 

Being a By-Law to adopt Amendment No. 47 to the City of Markham Official Plan 2014, as amended.
By-law 2023-130 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.1)

13.2

BY-LAW 2023-131, A BY-LAW TO AMEND BY-LAW 2020-72 BEING A BY-LAW TO DESIGNATE THE THOMAS LOWENSBOROUGH HOUSE, 9392 KENNEDY ROAD

A by-law to amend a by-law 2020-72 to designate a property as being of Cultural Heritage Value or Interest Thomas Lownsbrough House.

(Item 8.3.2)

13.3

BY-LAW 2023-132, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL INTEREST - HENRY AND ANNETTA CLARRY HOUSE

A by-law to designate a property as being of Cultural Heritage Value or Interest “Henry and Annetta Clarry House”
7822 Highway 7 East PT LT 11, CON 10 MARKHAM PT 1 64R4520; MARKHAM

13.4

BY-LAW 2023-133, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL INTEREST - DAVID AND FANNIE MOYER HOUSE

A by-law to designate a property as being of Cultural Heritage Value or Interest “David and Fannie Moyer House”
53 Dickson Hill Road PT W1/4 LT 30 CON 8 MARKHAM PT 2 65R3931 CITY OF MARKHAM

13.5

BY-LAW 2023-134, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL INTEREST - KOCH-WIDEMAN HOUSE

A by-law to designate a property as being of Cultural Heritage Value or Interest “Koch-Wideman House”
10062 Highway 48 PT LOT 21, CON 7 MARKHAM; PART 1, PLAN 65R40519 CITY OF MARKHAM

13.6

BY-LAW 2023-135, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL INTEREST - MACEY-PERKINS-HAGERMAN HOUSE

A by-law to designate a property as being of Cultural Heritage Value or Interest “Macey-Perkins-Hagerman House”
10729 Victoria Square Blvd LT 25 PL 184 MARKHAM; LT 26 PL 184, LT 27 PL 184, PT 1 65R24319, MARKHAM

13.7

BY-LAW 2023-136, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL INTEREST - GRAHAM-HALLMAN HOUSE

A by-law to designate a property as being of Cultural Heritage Value or Interest “Graham-Hallman House”
PART LOT 31 CONCESSION 7, DESIGNATED AS PART 3 ON PLAN 65R-40295, DESIGNATED AS PART 1 ON PLAN 65R-40558, BEING PART OF PIN: 03726-1546

13.8

BY-LAW 2023-137, A BY-LAW TO AMEND BY-LAW 1229, AMENDED

The proposed by-law amendment applies to a parcel of land with an approximate area of 0.1 hectares (0.25 acres), which is located on the west side of Ovida Boulevard.  The address is 2 Ovida Boulevard Part of Lot 2 PLAN 3495 N, City of Markham, Regional Municipality of York.  The subject lands are zoned Residential (R1) under By-law 1229, as amended. The purpose and effect of this By-law is to permit a Multi-phase Extraction System on the subject property. 

(Item 6.2 and Item 8.1.1)

13.9

BY-LAW 2023-138, A BY-LAW TO DEEM CERTAIN LANDS NOT TO BE A REGISTERED PLAN SUBDIVISION FOR THE PURPOSES OF SUBSECTION 50(3) OF THE PLANNING ACT

This deeming by-law applies to the lands located west of Allstate Parkway and north of Tiverton Court and known legally as Lots 1 and 2, Plan 65M-2695.  
The purpose of this by-law is to deem the lands and enact a by-law under Section 50(4), of the Planning Act, not to be within a registered plan of subdivision for the purposes of Section 50(3) of the Planning Act, to allow Lot 1 Plan 65M-2695, and Lot 2, Plan 65M-2695 to merge to facilitate the development of two industrial buildings.

13.10

BY-LAW 2023-139, A BY-LAW TO DESIGNATE PART OF A CERTAIN PLAN OF SUBDIVISION NOT SUBJECT TO PART LOT CONTROL

A By-law to designate part of a certain plan of subdivision not subject to Part Lot Control.  The lands are located on the west side of Kennedy Road, north of 16th Avenue. (Minto Communities Inc, Block 156, Plan 65M-4693).  This by-law applies to Block 156 on Registered Plan 65M-4693.  The purpose of this By-law is to exempt the subject block from the part lot control provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended. The effect of this By-law is to facilitate the conveyance of 98 townhouse units.

13.11

BY-LAW 2023-140, TO DECLARE CERTAIN LANDS LEGALLY DESCRIBED AS BLOCK 23, PLAN 65M-3662, CITY OF MARKHAM, REGIONAL MUNICIPALITY OF YORK, SURPLUS TO MUNICIPAL PURPOSES

Council at its meeting held on June 14, 2023, adopted the recommendations of Report No. 14. 2.1, Clause 7.1, with respect to the surplus declaration of lands legally described as Block 23, Plan 65M-3662, City of Markham, Regional Municipality of York.  Now therefore the Council of The Corporation of the City of Markham hereby enacts that Block 23, Plan 65M-3662, City of Markham, Regional Municipality of York be declared surplus to municipal purposes. 

13.12

BY-LAW 2023-141, A BY-LAW TO AMEND BY-LAW 2002-276, BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM

A by-law to amend By-law 2002-276, being a by-law to impose fees or charges for services or activities provided or done by the City of Markham. That By-law 2023-21 be repealed, and enacting the Fee Schedule for Heritage Permit Applications as noted in Schedule “A” attached to this by-law, 2023-142. 

13.13

BY-LAW 2023-142, A BY-LAW TO AMEND PROCEDURES FOR PROCESSING PERMIT APPLICATIONS UNDER THE ONTARIO HERITAGE ACT

A By-Law to Amend Procedures For Processing Permit Applications under the Ontario Heritage Act, and that By-Law 2023-20 be amended. 

(Item 8.3.3)

14.

CONFIDENTIAL

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-129 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-129 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 27, 2023.

  No attachment

16.

ADJOURNMENT