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

Meeting Number: 26

Wednesday, December 04, 2024 at 9:30 A.m. - 12:30 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 - NOVEMBER 20, 2024

• 1. That the Minutes of the Council Meeting held on November 20, 2024, be adopted.

3.2

SPECIAL COUNCIL MINUTES - NOVEMBER 27, 2024

• 1. That the Minutes of the Special Council Meeting held on November 27, 2024, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION ITEM 7.1.1 - RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE XV (16.11.3)

Deputation from:

• Heather Beevor, Owner, 7775 Ninth Line (Ward 7): “James and Catharine Young House"
  (Item 6.5 & Item 7.1.1)

• That the deputation from Heather Beevor be received.

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - PEARS RESTAURANT (WARD 3) (3.21)

(New Liquor Licence for indoor area)

• 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly. 

6.2

LIQUOR LICENCE APPLICATION - BOSTON PIZZA (WARD 8) (3.21)

(New Liquor Licence for indoor and outdoor area)

• 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly. 

6.3

LIQUOR LICENCE APPLICATION - UTOPIA DREAM CAFE (WARD 8) (3.21) 

(New Liquor Licence for indoor area)

• 1. That the request for the City of Markham to complete the Municipal Information Form be received for information and be processed accordingly. 

6.4

ONTARIO LAND TRIBUNAL (OLT) DECISION - SOUTH OF HIGHWAY 7, BETWEEN BAYVIEW AVENUE AND SADDLECREEK DRIVE (1107656 ONTARIO INC. TIMES GROUP CORPORATION) (WARD 8) (10.3) (10.5)

Summary from the City Solicitor:

On November 29, 2024, the Ontario Land Tribunal (the “Tribunal”) approved and issued an order regarding the settlement between 1107656 Ontario Inc. (Times Group) (the “Appellant”) and the City of Markham with respect to an appeal by the Appellant from the City’s non-decisions regarding applications to amend the Official Plan (“OPA”) and the Zoning By-law (“ZBL”) to facilitate a mixed-use development, for the “Subject Lands” located on the south side of Highway 7 East, between South Park Road and Bayview Avenue in the Leitchcroft community.

The Tribunal approved a settlement which revised the Proposed Development to include: six apartment towers with heights ranging between 34 and 50 storeys joined by podiums. The Proposed Development also includes two parks and a school block. This zoning bylaw amendment also includes site-specific provisions to permit the development of a supermarket within the Leitchcroft community.  

In its decision, the Tribunal allowed the appeals of OPA and ZBL and ordered those planning instruments be assigned a number. The OPA modifies the City’s 2014 Official Plan to permit residential uses, limited retail and service uses adjacent to Highway 7 East, building heights of up to 50 storeys and an overall 5.0 Floor Space Index (FSI), along with area and site specific policy revisions to secure the school site, on the Subject Lands. The ZBL rezones the Subject Lands under By-law 177-96, as amended, to permit the Proposed Development. As the Tribunal has issued its final decision, the OPA and ZBL now requires assignment of By-law numbers for administrative tracking purposes.

As the OLT has issued its final decision, the ZBA and OPA now require assignment of a By-law number and Amendment number for administrative tracking purposes.

(By-law 2024-216 and By-law 2024-217)

6.5

COMMUNICATION FROM ANDREW KAM AND HEATHER BEEVOR RE: ITEM 7.1.1 - RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE XV (16.11.3)

(Item 5.1 & Item 7.1.1)

• 1. That the communication regarding Item 7.1.1 "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV" from Andrew Kam and Heather Beevor be received.
     (Item 5.1 & Item 7.1.1)

7.

REPORT OF STANDING COMMITTEE

7.1

REPORT NO. 45 DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 12, 2024)

Note: This matter was deferred from the November 12, 2024 Development Services Committee Meeting.

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

7.1.1

RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE XV (16.11.3)

(Item 5.1 & Item 6.5)

• 1. That the Staff report, dated November 12, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XV”, be received; and,
  2. That the written correspondence from Andrew Kam and Heather Beevor be received; and,
  3. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information: 
     1. 11288 Kennedy Road (Ward 6): “George and Eliza Brodie House”; and,
     2. 7775 Ninth Line (Ward 7): “James and Catharine Young House”; and,
     3. 6840 Fourteenth Avenue (Ward 7): “Franklin H. Raymer House”; and,
     4. 3949 Nineteenth Avenue (Ward 6): “Spofford-Brodie-Smith House”; and,
     5. 3490 Nineteenth Avenue (Ward 2): “Gormley-Wideman House”; and,
  4. That Council state its intention to designate 11288 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That Council state its intention to designate 7775 Ninth Line (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That Council state its intention to designate 6840 Fourteenth Avenue (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That Council state its intention to designate 3949 Nineteenth Avenue (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  8. That Council state its intention to designate 3490 Nineteenth Avenue (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  10. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the matter return to Council for further consideration; and further,
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.2

REPORT NO. 46 DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 26, 2024)

Please refer to your November 26, 2024 Development Services Committee Agenda for reports.

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

7.2.1

RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE XII PROPERTIES (16.11.3)

• 1. That the Staff report, dated November 26, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase XII Properties”, be received; and,
  2. That the written objection to designation under the Ontario Heritage Act as submitted on behalf of the property owner of 5970 Elgin Mills Road East (Ward 6), be received as information; and,
  3. That Council affirm its intention to designate 5970 Elgin Mills Road East (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  5. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-law as per the requirements of the Ontario Heritage Act; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.2.2

CMHC HOUSING ACCELERATOR FUND PARTNERSHIPS APPROACH (10.0)

• 1. That the report dated November 26, 2024 entitled “CMHC Housing Accelerator Fund Partnerships Approach” be received; and,
  2. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to negotiate, finalize, and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 1, Public Partnerships, implemented as a Direct Grant Stream, with organizations included, but not limited to, those in the confidential memorandum dated November 26, 2024, in accordance with the Direct Grant Stream Criteria in Appendix 1; and,
  3. That Council authorize the Director of Planning and Urban Design, in consultation with the Treasurer and in a form approved by the City Solicitor, to finalize,  and make administrative changes to, as required, housing agreements (and any other necessary associated agreements) that secure the terms and conditions for grants through Initiative 5, Incentive Program for Affordable Housing, implemented as a DC Rebate Program with all developers that can deliver units in accordance with the DC Rebate Program Parameters referenced in Appendix 2; and further,
  4. That the Mayor and CAO be authorized to execute these agreements; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

7.3

REPORT NO. 47 GENERAL COMMITTEE MEETING (DECEMBER 3, 2024)

Please refer to your December 3, 2024 General Committee Agenda for reports.

• That the report of the Development Services Committee be received & adopted. (Items 1 to 9):

7.3.1

Q3 2024 STATUS OF CAPITAL AS AT SEPTEMBER 30, 2024 (7.0)

• 1. That the report dated December 3, 2024, titled “Status of Capital Projects as of September 30, 2024” be received; and,
  2. That the Projects completed with surplus funds over $100,000 or with over 50% of Budget remaining, as identified in Appendix 2a, be recommended for closure, and funds associated with these projects in the amount of $5,744,765 be transferred to the original sources of funding as identified in Appendix 2a; and,
  3. That the Projects Completed without surplus funds or with surplus funds under $100,000 or with less than 50% of Budget remaining, as identified on Appendix 2b, be recommended for closure, and funds associated with these projects in the amount of $1,336,725 be transferred to the original sources of funding as identified in Appendix 2b; and,
  4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $2,104,150 to the approved amount of $250,000; and,
  5. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $118,124 to the approved amount of $100,000; and,
  6. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $112,004 to the approved amount of $100,000; and,
  7. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $1,136,863 be received; and,
  8. That the following new capital projects, initiated subsequent to the approval of the 2024 capital budget as per the Capital Budget Control Policy, be received:
     • Project 24312 – 2025 Air Cylinders Replacement – Budget of $76,600 to be funded from the Life Cycle Replacement and Capital Reserve.
     • Project 24321 - Cornell C.C Parking Garage Remote Monitoring and Maintenance - Budget of $46,762.79 to be funded from the Non-DC Capital Contingency; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.2

2025 MEETING CALENDAR (9.0)

• 1. That the proposed 2025 Standing Committee & Council Meeting Calendar be adopted; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.3

2024 AUDIT PLANNING REPORT (7.0)

• 1. That the report titled “2024 Audit Planning Report” be received; and,
  2. That the 2024 Audit Planning Report for the year ending December 31, 2024, prepared by KPMG LLP, Chartered Accountants be received; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.4

AWARD OF TENDER 060-T-24 (CRFT 2024-01) FOR THE SUPPLY AND DELIVERY OF UNLEADED FUEL (E10), #1 ULTRA LOW SULPHUR DIESEL AND BIODIESEL FUEL (B20) FOR A FIVE YEAR TERM (2025 – 2029)

• 1. That the report titled “Award of Tender 060-T-24 (CRFT 2024-01) for the Supply and Delivery of Unleaded Fuel (E10), #1 Ultra Low Sulphur Diesel Fuel and Biodiesel Fuel (B20) for a Five Year Term (2025 – 2029)” be received; and,
  2. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of unleaded fuel (E10) be awarded to the lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $839,887.40, inclusive of HST; and,
  3. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of #1 ultra low sulphur diesel fuel be awarded to the lowest priced bidder, Suncor Energy Products Partnership, in the estimated annual amount of $259,778.40, inclusive of HST; and,
  4. That the contract for Tender 060-T-24 (CRFT 2024-01) for the supply and delivery of biodiesel fuel (B20) be awarded to the lowest priced bidder, Brown’s Fuels, in the estimated annual amount of $186,196.32, inclusive of HST; and,
  5. That the term of the contract be five years (January 1, 2025 – December 31, 2029); and,
  6. That the 2025 estimated costs of $1,285,862.12 ($839,887.40 + $259,778.40 + $186,196.32) be funded from accounts listed in the Financial Considerations section; and,
  7. That the Purchase Order be adjusted in the future years up to the approved operating budget as adopted by Council; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.5

QUALITY MANAGEMENT SYSTEM - MANAGEMENT REVIEW  (5.3)

• 1. That the report titled “Quality Management System Management Review” be received; and,
  2. That Council, as the Owner of the City’s drinking water system, acknowledge and support the outcome and action items identified from the Management Review; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.6

COUNCIL-STAFF RELATIONS POLICY (9.0)

• 1. That the report titled, “Council-Staff Relations Policy” be received; and,
  2. That Markham City Council adopt the revised “Council-Staff Relations Policy” included as Appendix “B” to this report; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.7

PAY-ON-DEMAND SURETY BONDS POLICY (7.0)

• 1. That the report entitled, “Pay-on-Demand Surety Bonds Policy” be received; and, 
  2. That the attached Pay-on-Demand Surety Bonds Policy be approved; and, 
  3. That the Treasurer be authorized to make any necessary amendments to the Policy to be consistent with the final Provincial Regulation, should there be changes prior to its adoption and enactment; and further, 
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.8

DATA SHARING AND OTHER LICENSE AGREEMENTS (7.0)

• 1. That the report titled “Delegated Authority for signing Data Licensing Agreements, Data Sub-Licensing Agreements, Data Sharing Agreements and Data Privacy Agreements” be received; and,
  2. That Council authorize the Chief Information Officer to execute approved data licensing agreements, data sub-licensing agreements, data sharing agreements, data privacy agreements and other agreements and documents required to facilitate the sharing, licensing, sub-licensing and protection of data as between the City and other levels of government or government agencies, and as between the City and third party vendors in connection with City projects, in accordance with Ontario’s Municipal Freedom of Information and Protection of Privacy Act of Ontario (MFIPPA) and in a form approved by the City Solicitor; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.3.9

MYAP REPORT - MULTI-YEAR ACCESSIBILITY PLAN (16.0)

• 1. That the report entitled “City of Markham Multi-Year Accessibility Plan 2025-2029” be received; and, 
  2. That Council approve the City of Markham Multi-Year Accessibility Plan 2025-2029; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.

MOTIONS

9.

NOTICE OF MOTION TO RECONSIDER

10.

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".

11.

ANNOUNCEMENTS

12.

BY-LAWS - THREE READINGS

That By-laws 2024-210 to 2024-217 be given three readings and enacted.

Three Readings

12.1

BY-LAW 2024-210, A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE CITY OF MARKHAM (BERZCY GREEN DRIVE)

Being a By-law to dedicate certain lands as part of the highways of the City of Markham named Berczy Green Drive (Part Lot 22, Concession 4, designated as Part 1, Plan 65R-39851)

12.2

BY-LAW 2024-211,  TO AMEND BY-LAW 2005-188

Being a by-law to amend the “Parking By-law 2005-188 pertaining to Section 6 “Parking Prohibited in Specified Places Where Signs are on Display (General Stopping and Parking Regulations).

12.3

BY-LAW 2024-212, TO AMEND BY-LAW 106-71

Being a by-law to add “compulsory stop signs” at specific intersections within the City of Markham. (Helen Avenue & Harry Cook Drive / Glenbar Gardens)

12.4

BY-LAW 2024-213, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “BYER-SHANK HOUSE” 10235 HIGHWAY 48

Being a By-law to designate Byer-Shank House, 10235 Highway 48, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest. (Development Services Report No. 32, July 16, 2024 Council, Item 8.3.1)

12.5

BY-LAW 2024-214, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “HASTINGS-VAGUE HOUSE” 11534 MCCOWAN ROAD

Being a By-law to designate Hastings-Vague House, 11534 McCowan Road, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest. (Development Services Report No. 32, July 16, 2024 Council, Item 8.3.1)

12.6

BY-LAW 2024-215, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OFCULTURAL HERITAGE VALUE OR INTEREST “PETER MILNE JR. HOUSE” 5970 ELGIN MILLS ROAD EAST

Being a By-law to designate Peter Milne Jr. House, 5970 Elgin Mills Road East, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest. (Development Services Report No. 32, July 16, 2024 Council, Item 8.3.1)

12.7

BY-LAW 2024-216, SOUTH OF HWY 7, BETWEEN BAYVIEW AVENUE AND SADDLECREEK DRIVE - OFFICIAL PLAN AMENDMENT NO. 59 (1107656 ONTARIO INC. TIMES GROUP CORPORATION) 

The OPA NO. 59 modifies the City’s 2014 Official Plan to permit residential uses, limited retail and service uses adjacent to Highway 7 East, building heights of up to 50 storeys and an overall 5.0 Floor Space Index (FSI).
To facilitate a By-law number based on direction from the Ontario Land Tribunal.
(Item 6.4)

(By-law 2024-216 as approved by OLT)
(For information only to facilitate the assignment of a by-law number)

12.8

BY-LAW 2024-217,  SOUTH OF HWY 7, BETWEEN BAYVIEW AVENUE AND SADDLECREEK DRIVE - ZONING BY-LAW AMENDMENT (1107656 ONTARIO INC. TIMES GROUP CORPORATION)  (WARD 8) (10.3) (10.5)

Being a By-law to rezone the Subject Lands under By-law 177-96, as amended, to permit the Proposed Development. 
To facilitate a By-law number based on direction from the Ontario Land Tribunal.
(Item 6.4)

(By-law 2024-217 as approved by OLT)
(For information only to facilitate the assignment of a by-law number)

13.

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:

13.1

COUNCIL

13.1.1

CONFIDENTIAL COUNCIL MINUTES - NOVEMBER 20, 2024 [ MUNICIPAL ACT, SECTION 239 (2) (e)(f)]

13.2

DEVELOPMENT SERVICES COMMITTEE

13.2.1

CONFIDENTIAL REPORT, REQUEST FOR DIRECTION - ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE (WARD 4) (8.0)

INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE. [MUNICIPAL ACT, 2001, Section 239 (2) (f)] 

13.2.2

REQUEST FOR DIRECTION - ONTARIO LAND TRIBUNAL APPEAL OF DESIGNATION BY-LAW FOR 7507 KENNEDY ROAD (WARD 8) (16.11.3)

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD. [MUNICIPAL ACT, 2001, Section 239 (2) (e)] 

13.3

GENERAL COMMITTEE

13.3.1

PROPERTIES FOR TAX SALE AUTHORIZATION – DECEMBER 2024; PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES; 

[MUNICIPAL ACT, 2001, SECTION 39 (2) (b)] (7.0)

14.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2024-209 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-209- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 4, 2024.
  No attachment

15.

ADJOURNMENT