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

Meeting Number: 11

Wednesday, June 26, 2024 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

COUNCIL MINUTES - JUNE 12, 2024

• 1. That the Minutes of the Council Meeting held on June 12, 2024, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATIONS ITEM 8.1.11 - TRAFFIC CALMING OF CARLTON ROAD, FROM KENNEDY ROAD TO MCCOWAN ROAD (5.12)

Deputations from:

• Michael Wong
• Peter Miasek, Cycling Pedestrian Advisory Committee (CPAC)

• 1. That the deputations from Michael Wong and Peter Miasek (Cycling Pedestrian Advisory Committee) providing comments regarding “Traffic Calming of Carlton Road, from Kennedy Road to McCowan Road” be received.

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - AURIC KING FINE 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 - GLASS KITCHEN (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.

6.3

MEMORANDUM - HOLD REMOVAL BY-LAW ENTERPRISE BOULEVARD INC. (UNION CITY) (10.5)

NORTH SIDE OF ENTERPRISE BOULEVARD, IMMEDIATELY EAST OF THE METROLINX-GO STOUFFVILLE RAIL CORRIDOR, FILE: HOLD 23 149505
(By-law 2024-128) (Item 8.3.1, Report No. 30 Development Services Committee, July 14, 2022 Council Meeting)

• 1. That the memorandum titled “Hold Removal By-law Enterprise Boulevard Inc. (Union City) North side of Enterprise Boulevard, immediately east of the Metrolinx-GO Stouffville rail corridor) File: HOLD 23 149505 ” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

6.4

COMMUNICATION - TRAFFIC CALMING OF CARLTON ROAD, FROM KENNEDY ROAD TO MCCOWAN ROAD (5.12)

Communication from:

• Jessica Cheung
• Winson Woo
• Felix Wong

(Item 5.1 and Item 8.1.11)

6.5

MEMORANDUM - TH (WARDEN) DEVELOPMENTS (BT) INC.  OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT, 10506 AND 10508 WARDEN AVENUE (WARD 2) FILE PLAN 22 265291 (10.3, 10.5)

(By-law 2024-134 and By-law 2024-135)

• 1. That the memorandum dated June 26, 2024, regarding “TH (Warden) Developments (BT) Inc. Official Plan and Zoning By-law Amendment, Draft Plan of Subdivision located at 10506 and 10508 Warden Avenue (Ward 2), File PLAN 22 265291”, be received; and, 
  2. That Draft Plan of Subdivision 19TM-22021 submitted by TH (Warden) Developments (BT) Inc. be approved subject to the conditions attached in Appendix ‘A’ as may be modified by the Director of Planning and Urban Design or designate; and,
  3. That the Official Plan Amendment application submitted by TH (Warden) Developments (BT) Inc. and attached as Appendix ‘B’ be finalized and enacted without further notice; and,
  4. That the Zoning By-law Amendment application submitted by TH (Warden) Developments (BT) Inc. and attached as Appendix ‘C’ be finalized and enacted without further notice; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 27 DEVELOPMENT SERVICES COMMITTEE (JUNE 18, 2024)

Please refer to your June 18, 2024 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 11):

8.1.1

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

• 1. That the Staff report, dated June 18, 2024, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase XI”, be received; and,
  2. 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:
     • 2501 Denison Street (Ward 7): “William Macklin House”; and,
     • 6864 Fourteenth Avenue (Ward 7): “Lydia Beebe House”; and,
     • 60 Meadowbrook Lane (Ward 3): “Philip Eckardt Jr. House”; and,
     • 15 Victoria Street (Ward 2): “Frisby House”; and,
  3. That Council state its intention to designate 2501 Denison Street (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That Council state its intention to designate 6864 Fourteenth Avenue (Ward 7) 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 60 Meadowbrook Lane (Ward 3) 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 15 Victoria Street (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. 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,
  8. 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,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

DESIGNATED HERITAGE PROPERTY GRANT APPLICATIONS - 2024 (16.11)

• 1. That the June 18, 2024, report titled, “Designated Heritage Property Grant Applications - 2024”, be received; and,
  2. That the deputation from Doug Denby made to the June 18, 2024 Development Services Committee be received; and,
  3. That Designated Heritage Property Grants for 2024 be approved in the amounts noted for the following properties, totaling $29,026.74, provided that the applicants comply with eligibility requirements of the program:
     • 1 Heritage Corners Lane, Markham Heritage Estates: up to $7,500.00, for the installation of a new cedar shingle roof, provided that current property standards violations are addressed by the Owners; and,
     • 6 David Gohn Circle, Markham Heritage Estates: up to $1,526.74 for the production of a historically appropriate solid wood four paneled entrance door; and,
     • 22 David Gohn Circle, Markham Heritage Estates: up to $5,000.00 for the replacement of the veranda floor deck, structural repairs to the underlying structure and replacement of the turned veranda posts; and,
     • 29 Jerman Street, Markham Village: up to $5,000.00 for the installation of historically appropriate 6 over 6 wooden windows and a front entrance door; and,
     • 34 Colborne Street, Thornhill: up to $5,000.00 for the re-conditioning of the historic wooden single hung windows and the production of traditional wooden storm windows; and,
     • 126 Main Street, Unionville: up to $5,000.00 for the installation of historically appropriate 1 over 1 wooden windows; and,
  4. That the grants be funded through the Designated Heritage Property Grant Project Fund, Account 620-101-5699-24013 ($30,000.00 available for 2024); and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM - 2024 (16.11)

• 1. That the Staff report, dated June 18, 2024, titled, “Commercial Façade Improvement Grant Program - 2024”, be received; and,
  2. That Council support the following financial assistance for two projects, representing $17,288.25 in grant assistance:
     • The re-conditioning of the historic two-over-two wooden segmental arched windows and the production of new wooden storm windows at 147 Main Street Unionville, subject to the applicant entering into a Heritage Conservation Easement Agreement with the City (up to a maximum of $15,000.00); and,
     • The production of new ground sign in compliance with the City’s Sign-By-law at 5 George Street, Markham Village ($2,288.25); and,
  3. That the grants be funded through the Commercial Facade Improvement Grant Program Fund, Account 620-101-5699-24015 ($30,000.00 available for 2024); and,
  4. That the Mayor be authorized to enter into a Heritage Conservation Easement agreement with the Owner of 147 Main St. Unionville to permit grant funding in excess of $5,000.00; and further,
  5. That staff be authorized and directed to do all thing necessary to give effect to this resolution.

8.1.4

AUTHORITY TO PROVIDE DEVELOPMENT CHARGE (DC) CREDITS AND/OR REIMBURSEMENTS FOR THE CONSTRUCTION OF TRUNK SANITARY SEWER IN YORK DOWNS SUBDIVISIONS, TO KM (AG SOUTH VILLAGE) LTD. AND METROPIA MINTO (SIXTEENTH) HOLDINGS INC. (WARD 6) (5.5, 7.11)

• 1. That the report entitled “Authority to Provide Development Charge Credits and/or Reimbursements for the Construction of Trunk Sanitary Sewer in York Downs Subdivisions, to KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc. (Ward 6)” be received; and,
  2. That Council authorize City Wide Hard Development Charge Credits and/or Reimbursements not exceeding $777,837.00 to KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc. for the oversizing cost associated with a trunk sanitary sewer crossing under the Bruce Creek (the “Trunk Sanitary Sewer”) within the valley land to the east of the South Village Subdivision to connect to the York Durham Sanitary Sewer (YDSS) from Street ‘C’ (upstream limit of the YDSS connection) to connection to YDSS that will service the lands located in the Future Urban Area (FUA); and,
  3. That notwithstanding the above recommendation, that the amount available for credits and/or reimbursements be based on the lesser of the actual cost to oversize and the capital cost included in the most current Development Charges Background Study, as indexed from time to time, at the time works are complete and the credits and/or reimbursements are being provided; and,
  4. That the Mayor and Clerk be authorized to execute a Development Charge Credit and/or Reimbursement Agreement and any other associated or necessary documents, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with the KM (AG SOUTH VILLAGE) LTD. and Metropia Minto (Sixteenth) Holdings Inc., or their successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
  5. That the above credit and/or reimbursement shall exclude HST and interest and shall be indexed in accordance with the City’s Development Charge Credit & Reimbursement Policy; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.5

AWARD OF RFP 082-R-24 CONSULTING SERVICES FOR CONTRACT ADMINISTRATION, SITE INSPECTION AND POST CONSTRUCTION SERVICES FOR THE 2024 SIDEWALK CONSTRUCTION PROGRAM (5.0, 7.12)

• 1. That the report entitled “Award of RFP 082-R-24 Consulting Services for Contract Administration, Site Inspection and Post Construction Services for the 2024 Sidewalk Construction Program” be received; and,
  2. That the contract for consulting engineering services for contract administration, site inspection and post construction for the 2024 Sidewalk Construction Program be awarded to the highest ranked bidder, Accardi Schaeffers & Associates Limited in the amount of $396,601.46 inclusive of HST; and,
  3. That an allowance in the amount of $183,168.00, inclusive of HST, be established for C.N. Rail permitting and flagging fees, geotechnical investigation and material testing during construction and for coordination with the design consultant during construction, which may be required; and,
  4. That a 10% contingency in the amount of $57,976.95, inclusive of HST, be established to cover any additional consulting services to deliver the project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  5. That the Engineering Department Capital Administration fee in the amount of $57,397.18 be transferred to revenue account 640-998-8871 (Capital Administration Fee); and,
  6. That the cost in the amount of $695,143.59 ($396,601.46 + $183,168.00 + $57,976.95 + $57,397.18) be funded from capital accounts 23093 and 24052 with available budget of $705,341.73; and,
  7. That the remaining budget in the amount of $10,198.14 be returned to the original funding sources; and,
  8. That $156,295.65 from account 083-5350-23093-005 for the consulting engineering services for contract administration, site inspection and post construction for the 2024 Sidewalk Construction Program award be consolidated into 083-5350-24052-005; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.6

AWARD OF RFP 100-R-24 CONSULTING SERVICES FOR CONTRACT ADMINISTRATION, FIELD AMBASSADOR, SITE INSPECTION AND POST CONSTRUCTION SERVICES FOR MAIN STREET UNIONVILLE RECONSTRUCTION PROJECT (5.10, 7.12) 

• 1. That the report entitled “Award of RFP 100-R-24 Consulting Services for Contract Administration, Field Ambassador, Site Inspection and Post Construction Services for Main Street Unionville Reconstruction Project” be received; and,
  2. That the contract for contract administration, field ambassador, site inspection & post construction services for Main Street Unionville reconstruction project be awarded to the highest ranked, third lowest priced bidder, EXP Services Inc., in the amount of $892,137.55 inclusive of HST; and,
  3. That an allowance in the amount of $302,227.20, inclusive of HST, be established for geotechnical investigation, material testing during construction, a qualified person for excess soil management and for coordination with the designer during construction; and,
  4. That a 10% contingency in the amount of $119,436.48 inclusive of HST, be established to cover any additional consulting services to deliver the project and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  5. That the Engineering Department Capital Administration fee in the amount of $118,242.11 be transferred to revenue account 640-998-8871 (Capital Administration Fee); and,
  6. That the cost in the amount of $1,432,043.34 ($892,137.55 + $302,227.20 + $119,436.48 + $118,242.11) be funded from the capital account 083-5350-22338-005 with available budget of $1,462,043.34; and,
  7. That the remaining budget in the amount of $30,000 be retained for legal opinions to address potential legal challenges arising from operational disruption; and,
  8. That the Mayor and Clerk be authorized to execute an agreement with the property owner of 198 Main Street Unionville to fund the design and construction of the lateral service connections for their future development in the overall project construction tender for the Main Street Unionville Reconstruction Project; and further,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.7

RECOMMENDATION REPORT, HIGHWAY 7 AND BUR OAK AVENUE WITHIN CORNELL CENTRE, APPLICATION FOR OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION TO PERMIT A MIXED-USE DEVELOPMENT 

AT THE NORTHWEST CORNER OF HIGHWAY 7 AND BUR OAK AVENUE WITHIN CORNELL CENTRE (WARD 5) FILE NO. PLAN 22 118754 (10.3, 10.5, 10.7)
(By-law 2024-130 and By-law 2024-131)

• 1. That the June 18, 2024, report titled, “RECOMMENDATION REPORT, JD Elm Cornell Lands Ltd., Applications for Official Plan Amendment and Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use development at the northwest corner of Highway 7 and Bur Oak Avenue within Cornell Centre (Ward 5), File PLAN 22 118754”, be received; and,
  2. That the Official Plan Amendment application submitted by JD Elm Cornell Lands Ltd., be approved and that the draft Official Plan Amendment, attached hereto as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  3. That the City Clerk advise the Region of York that the City has no objection to the Region of York removing the subject lands from Deferral 2 Area in the 2008 Cornell Secondary Plan (OPA 168); and,
  4. That the Zoning By-law Amendment application submitted by JD Elm Cornell Lands Ltd., be approved and that the draft Zoning By-law Amendment, attached hereto as Appendix ‘C’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  5. That Draft Plan of Subdivision 19TM-22008, be approved, subject to the conditions set out in Appendix ‘D’ of this report; and,
  6. That the Director of Planning and Urban Design or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘D’, as may be amended by the Director of Planning and Urban Design or designate; and,
  7. That Draft Plan Approval for Plan of Subdivision 19TM-22008 will lapse after three (3) years from the date of issuance in the event that a Subdivision Agreement is not executed within that period; and,
  8. That servicing allocation for 1,785 units be assigned to Draft Plan of Subdivision 19TM-22008; and,
  9. That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed within a period of three (3) years from the date that Council assigned servicing allocation; and,
  10. That Staff continue to have discussions with the developer to explore the feasibility of implementing an AVAC system within this subdivision and area; and further,
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.​ 

       

8.1.8

RECOMMENDATION REPORT, JUNIPER CORNELL HOLDINGS INC. AT 6950 HIGHWAY 7, APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION TO PERMIT A MIXED-USE DEVELOPMENT AT 6950 HIGHWAY 7,

NORTHWEST OF BUR OAK AVENUE AND HIGHWAY 7, CORNELL CENTRE (WARD 5), FILE PLAN 22 116592 (10.3, 10.5, 10.7)
(By-law 2024-133 and By-law 2024-134)

• 1. That the June 18, 2024, report titled, “RECOMMENDATION REPORT, Juniper Cornell Holdings Inc., Applications for Official Plan and Zoning By-law Amendment, and Draft Plan of Subdivision to permit a mixed-use development at 6950 Highway 7, northwest of Bur Oak Avenue and Highway 7, Cornell Centre (Ward 5), File PLAN 22 116592”, be received; and,
  2. That the Official Plan Amendment application submitted by Juniper Cornell Holdings Inc., be approved and that the draft Official Plan Amendment, attached hereto as Appendix ‘B’, be finalized, and brought forward to a future Council meeting to be enacted without further notice; and,
  3. That the City Clerk advise York Region that the City has no objection to the removal of the subject lands from Deferral 2 Area in the 2008 Cornell Secondary Plan (OPA 168); and,
  4. That the Zoning By-law Amendment application submitted by Juniper Cornell Holdings Inc., be approved and that the draft Zoning By-law Amendment, attached hereto as Appendix ‘C’, be finalized, and brought forward to a future Council meeting to be enacted without further notice; and,
  5. That Draft Plan of Subdivision 19TM-22004, be approved, subject to the conditions set out in Appendix ‘D’ of this report; and,
  6. That the Director of Planning and Urban Design or designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘D’, as may be amended by the Director of Planning and Urban Design, or designate; and,
  7. That Draft Plan Approval for Plan of Subdivision 19TM-22004 will lapse after three (3) years from the date of issuance in the event that a Subdivision Agreement is not executed within that period; and,
  8. That servicing allocation for 2,377 units be assigned to Draft Plan of Subdivision 19TM-22004; and,
  9. That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed within a period of three (3) years from the date that Council assigned servicing allocation; and,
  10. That staff report back to Development Services Committee if there are changes to the design of the public park, pedestrian mews, and urban open space from what was presented in the conceptual renderings or if any of the concepts from the open space presented within the proposal change during the Development process; and,
  11. That Staff continue to have discussions with the developer to explore the feasibility of implementing an AVAC system within this subdivision and area; and further,

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

       

8.1.9

CMHC HOUSING ACCELERATOR FUND WORK PLAN (10.0)

• 1. That the report dated June 18, 2024 entitled “CMHC Housing Accelerator Fund Work Plan” be received; and,
  2. That Council endorse the Housing Accelerator Fund (HAF) Work Plan attached as Appendix 1; and,
  3. That staff be directed to implement the seven (7) Action Plan Initiatives as required by the Contribution Agreement with the Canadian Mortgage and Housing Corporation (CMHC); and,
  4. That staff be authorized to complete, submit, and execute all documents necessary to satisfy all HAF reporting obligations as required by CMHC; and,
  5. That staff be directed to report back to the Development Services Committee with recommendations to implement Initiative 1, Public Partnerships, and Initiative 5, Incentive Program for Affordable Housing, by late Q3/early Q4, 2024; and,
  6. That staff be directed to provide semi-annual progress updates to Development Services Committee regarding implementation of the Housing Accelerator Fund Work Plan; and,
  7. That the Treasurer be authorized to implement any required financial and administrative arrangements to effectively support the Housing Accelerator Fund Work Plan and meet any federal funding requirements, including establishing and managing a reserve(s) as required for funds received through the federal Housing Accelerator Fund program; and,
  8. That all eligible resources and staffing needed to support the HAF Work Plan be established and funded by funds received through the Housing Accelerator Fund program; and,
  9. That Council authorize seven (7) new 2024 in-year capital additions to implement the Housing Accelerator Fund Work Plan; and,
  10. That authority be given to the Sr. Manager of Procurement & Accounts Payable to work with the Director or Deputy Director, Planning and Urban Design, or any applicable Director, to undertake an informal pre-qualification and award process with a minimum of three vendors / consultants to expedite the procurement process when necessary, by allowing a preferred vendor list to be developed, used and released to the market; and,
  11. That authority be given to Staff to award all required Request for Proposals, Request for Tenders and any Non-Competitive work needed to expedite the procurement process with the following limits:
      • Director or Deputy Director, Planning and Urban Design – Up to $99,999
      • Commissioner, Development Services – $100,000 to $350,000
      • Chief Administrative Officer - >$350,000; and further,
  12. That Staff be authorized and directed to do all things necessary to give effect to these resolutions.

8.1.10

CUTTING RED TAPE TO BUILD MORE HOMES ACT (BILL 185) - IMPLEMENTATION (10.0)

• 1. That the memorandum entitled “Cutting Red Tape to Build More Homes Act (Bill 185) - Implementation” be received; and,
  2. That staff be directed to provide the following comments to the Minister of Municipal Affairs and Housing on the proposed amendment to Ontario Regulation 525/97 to Exempt Certain Official Plan Matters from Approvals Under the Planning Act:
     “Staff recommend that Provincial approval of matters related to Protected Major Transit Station Areas be scoped to matters in the Planning Act regarding the delineation of Major Transit Station Area boundaries and establishing minimum densities in accordance with Provincial policy. Staff also recommend that planning approvals for land use designations, densities, and height in Protected Major Transit Station Areas, site-specific development applications, and Secondary Plans should be delegated to the City”; and further,
  3. That staff be directed and authorized to do all things necessary to give effect to this resolution.

8.1.11

TRAFFIC CALMING OF CARLTON ROAD, FROM KENNEDY ROAD TO MCCOWAN ROAD (5.12)

(Item 5.1 and Item 6.4)

• 1. That the report and presentation entitled “Traffic Calming of Carlton Road, from Kennedy Road to McCowan Road” be received; and,
  2. That the deputation from Kelvin Kwok made to the June 18, 2024 Development Services Committee be received; and,
  3. That the written submission from Kelvin Kwok be received; and, 
  4. That Staff proceed with the detailed design of the preferred traffic calming design option; and, 
  5. That Staff proceed with the detailed design of new traffic signals at Central Park Drive and a pedestrian cross-over at Fawnbrook Circle to improve pedestrian safety; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2

REPORT NO. 28 GENERAL COMMITTEE (JUNE 25, 2024)

Please refer to your June 25, 2024 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

2024 UNIONVILLE BUSINESS IMPROVEMENT AREA AND MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA OPERATING BUDGETS (7.4)

• 1. That the report titled “2024 Unionville Business Improvement Area and Markham Village Business Improvement Area Operating Budgets” dated June 25, 2024 be received; and,
  2. That the 2024 Operating Budget in the amount of $436,500 for the Unionville Business Improvement Area (UBIA) be approved; and,
  3. That the 2024 Operating Budget in the amount of $334,700 for the Markham Village Business Improvement Area (MBIA) be approved; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

083-T-24 BUILDING AUTOMATION SYSTEM REPLACEMENT AT 8100 WARDEN (7.0)

• 1. That the report entitled “083-T-24 Building Automation System Replacement at 8100 Warden GC Report Final.docx” be received; and,
  2. That the contract for 083-T-24 Building Automation System Replacement at 8100 Warden GC Report Final.docx Services be awarded to Viridian Automation Inc. (lowest priced bidder) in the amount of $647,193.60 inclusive of HST; and,
  3. That a contingency in the amount of $64,719.36 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,
  4. That the award in the total amount of $711,912.96 ($647,193.60 + $64,719.36) be funded from the capital project account 043-6150-23142-005 “Building Automation Systems Replacement Program”, which has an available budget of $621,812.00; and,
  5. The budget shortfall in the amount of $90,100.96 ($711,912.96 - $621,812.00) be funded from the Non-DC capital contingency account; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

MUNICIPAL FUNDING AGREEMENT FOR THE CANADA COMMUNITY-BUILDING FUND (7.0)

• 1. That the report dated June 25, 2024 titled “Municipal Funding Agreement for the Canada Community-Building Fund” be received; and, 
  2. That a By-Law be enacted granting authority to the Mayor and Clerk to sign the Municipal Funding Agreement between the Association of Municipalities of Ontario (AMO) and the City of Markham for the Canada Community-Building Fund, in a form satisfactory to the City Solicitor; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

ADMINISTRATIVE MONETARY PENALTY SYSTEMS (AMPS) EXPANSION PROJECT UPDATE (7.0)

• 1. That the presentation entitled “Administrative Monetary Penalty Systems (AMPS) Expansion Project Update” be received; and,
  2. That the Consolidated Administrative Monetary Penalty Systems (AMPS) By-law attached to this presentation as Appendix “A” be adopted; and,
  3. That By-law 2015-93 and 2016-84 be repealed; and further, 
  4. That staff be authorized and directed to do all things necessary to give effect to these resolutions

8.3

REPORT NO. 29 SPECIAL DEVELOPMENT SERVICES COMMITTEE (JUNE 25, 2024)

Please refer to your June 25, 2024 Special Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.3.1

RECOMMENDATION REPORT, CITY INITIATED AMENDMENT FOR THE MILLIKEN CENTRE SECONDARY PLAN (WARD 8), FILE NO: PR 23 127618 (10.3)

• 1. That the staff report dated June 25, 2024 entitled, “RECOMMENDATION REPORT, City Initiated Amendment for the Milliken Centre Secondary Plan” be received; and,
  2. That the Official Plan Amendment for the Milliken Centre Secondary Plan, attached as Appendix 2, be finalized and forwarded to Council for adoption, and subsequently forwarded to the planning approval authority for approval; and,
  3. That the deputations from Nick Pileggi, George Shi and Tim Ho be received; and,
  4. That the written communications from the following individuals be received:
     • Edwin Siu, Logos Baptist Church; and,
     • Eldon C. Theodore, MHBC Planning, Urban Design, and Landscape Architecture; and,
     • Nick Pileggi, Macaulay Shiomi Howson Ltd; and,
     • Jonathan S. Cheng, Stikeman Elliot; and,
     • Wai Ying Di Girorgio and Brandon Simon, The Planning Partnership; and,
     • Darrin Cohen, Weston Consulting; and further,
  5. 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 2024-118 to 2024-138 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2024-118, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “PEACH’S UNITED CHURCH” 10762 MCCOWAN ROAD

Being a By-law to designate Peach’s United Church, 10762 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. 6, February 28, 2024 Council, Item 8.1.1)

13.2

BY-LAW 2024-119, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “JOSEPH AND FRANCES HOOVER HOUSE” 10982 HIGHWAY 48

Being a By-law to designate the Joseph and Frances Hoover House, 10982 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. 12, April 3, 2024 Council, Item 8.2.1)

13.3

BY-LAW 2024-120, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “SUMMERFELDT-TOOLE HOUSE” 4075 ELGIN MILLS ROAD EAST

Being a By-law to designate the Summerfeldt-Toole House, 4075 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. 6, February 28, 2024 Council, Item 8.1.1)

13.4

BY-LAW 2024-121, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “JACOB WISMER HOUSE” 46 TIMBERMILL CRESCENT

Being a By-law to designate the Jacob Wismer House, 46 Timbermill Crescent, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 6, February 28, 2024 Council, Item 8.1.1)

13.5

BY-LAW 2024-122, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “JOHN PEACH HOUSE” 5060 ELGIN MILLS ROAD EAST

Being a By-law to designate the John Peach House, 5060 Elgin Mills Road, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 6, February 28, 2024 Council, Item 8.1.1)

13.6

BY-LAW 2024-123, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “SCHOOLHOUSE SCHOOL SECTION NO. 14” 5650 FOURTEENTH AVENUE

Being a By-law to designate Schoolhouse School Section No. 14, 5650 Fourteenth Avenue, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 6, February 28, 2024 Council, Item 8.1.1)

13.7

BY-LAW 2024-124, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “ISAAC AND EMMA REESOR HOUSE” 6742 STEELES AVENUE EAST

Being a By-law to designate the Isaac and Emma Reesor House, 6742 Steeles Avenue East, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 12, April 3, 2024 Council, Item 8.2.1)

13.8

BY-LAW 2024-125, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “WATSON AND JANE COLLINSON HOUSE” 7801 NINTH LINE

Being a By-law to designate the Watson and Jane Collinson House, 7801 Ninth Line, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 12, April 3, 2024 Council, Item 8.2.1)

13.9

BY-LAW 2024-126, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “NIGHSWANDER-TOPPER HOUSE” 7855 HIGHWAY 7 EAST

Being a By-law to designate the Nighswander-Topper House, 7855 Highway 7 East, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 6, February 28, 2024 Council, Item 8.1.1)

13.10

BY-LAW 2024-127, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “HENRY AND AGNES ROWED HOUSE” 7871 NINTH LINE

Being a By-law to designate the Henry and Agnes Rowed House, 7871 Ninth Line, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.  (Development Services Report No. 12, April 3, 2024 Council, Item 8.2.1)

13.11

BY-LAW 2024-128, A BY-LAW TO AMEND BY-LAW 2004-196, AS AMENDED BY BY-LAW 2022-103 [HOLD REMOVAL BY-LAW ENTERPRISE BOULEVARD INC. (UNION CITY)]

Being a By-law to amend By-law 2004-196, as amended by By-law 2022-103 to remove Holding Provisions on Enterprise Boulevard Inc. North side of Enterprise Boulevard, east of the Metrolinx-GO Stouffville rail corridor. [(Union City) File: HOLD 23 149505]
(Item 6.4)

13.12

BY-LAW 2024-129, A BY-LAW TO AMEND PARKING BY-LAW 2005-188

Being a By-law to amend Schedule “C” of Parking By-law 2005-188, pertaining to “No Parking” (Pagnello Court)

13.13

BY-LAW 2024-130, HIGHWAY 7 AND BUR OAK AVENUE WITHIN CORNELL CENTRE - OFFICIAL PLAN AMENDMENT NO. 267 (WARD 5) [JD ELM CORNELL LANDS LTD]

Being a By-Law to adopt Amendment No. 267  to the City of Markham Official Plan 1987, as amended. (JD ELM Cornell Lands Ltd. File No. Plan 22 118754)
(Item 8.1.7 and By-law 2024-131)

13.14

BY-LAW 2024-131, HIGHWAY 7 AND BUR OAK AVENUE WITHIN CORNELL CENTRE - ZONING BY-LAW AMENDMENT (WARD 5) [JD ELM CORNELL LANDS LTD]

Being a By-law to amend By-law 304-87, as amended (to delete lands from the designated area of By-law 304-87) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96, as amended) affecting  6950 Highway 7 East rezoning Rural Residential Four (RR4) under By-law 304-87, as amended and amending By-law 88-76 as amended, Rural Residential Four (RR4) Zone in order to permit a mixed-use development.
(Item 8.1.7 and By-law 2024-130)

13.15

BY-LAW 2024-132, 6950 HIGHWAY 7 - OFFICIAL PLAN AMENDMENT NO. 268 (WARD 5) [JUNIPER CORNELL HOLDINGS INC.]

Being a By-Law to adopt Amendment No. 268  to the City of Markham Official Plan 1987, as amended. (Northwest of Bur Oak Avenue and Highway 7, Cornell Centre (Ward 5), File Plan 22 116592
(Item 8.1.8 and By-law 2024-133)

13.16

BY-LAW 2024-133, 6950 HIGHWAY 7 - ZONING BY-LAW (WARD 5) [JUNIPER CORNELL HOLDINGS INC.]

Being a By-law to amend By-law 304-87, as amended (to delete lands from the designated area of By-law 304-87) and to amend By-law 177-96, as amended (to incorporate lands into the designated area of By-law 177-96, as amended) affecting  6950 Highway 7 East rezoning Rural Residential Four (RR4) under By-law 304-87, as amended and amending By-law 88-76 as amended, Rural Residential Four (RR4) Zone in order to permit a mixed-use development on the lands.
(Item 8.1.8 and By-law 2024-132)

13.17

BY-LAW 2024-134, 10506 – 10508 WARDEN AVENUE - OFFICIAL PLAN AMENDENT (WARD 2) (TH (WARDEN) DEVELOPMENTS (BT) INC.)

Being a By-Law to adopt Amendment No. 55 to the City of Markham Official Plan 2014, as amended. [TH (Warden) Developments (BT) Inc. File PLAN 22 265291]
(Development Services Public Meeting, December 13, 2023, Item 8.5.6 and By-law 2024-135)

13.18

BY-LAW 2024-135, 10506 – 10508 WARDEN AVENUE - ZONING BY-LAW (WARD 2) (TH (WARDEN) DEVELOPMENTS (BT) INC.)

Being a By-law to amend By-law 304-87 and 177-96, as amended. A zoning By-law that affects 10506 and 10508 Warden Avenue. The lands are currently used for agricultural and rural residential purposes, and zone them to facilitate the development of a residential plan of subdivision.
 [TH (Warden) Developments (BT) Inc. File PLAN 22 265291]
(Development Services Public Meeting, December 13, 2023, Item 8.5.6 and By-law 2024-134)

13.19

BY-LAW 2024-136, CCBF-BY-LAW, A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE THE “MUNICIPAL FUNDING AGREEMENT” BETWEEN THE CORPORATION OF THE CITY OF MARKHAM AND THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (AMO)

Being a By-law to authorize the Mayor and Clerk to execute the “Municipal Funding Agreement” between the Corporation of the City of Markham and the Association of Municipalities of Ontario (AMO)

13.20

BY-LAW 2024-137, A BY-LAW TO ESTABLISH AN ADMINISTRATIVE MONETARY PENALTY SYSTEM (AMPS) FOR CONTRAVENTIONS OF DESIGNATED BY-LAWS IN THE CITY OF MARKHAM

Being a By-law that establishes the framework for the issuance of Administrative Monetary Penalties for Contraventions of non-parking matters.    
(Item 8.2.4)

13.21

BY-LAW 2024-138, 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

Being a By-law to impose fees or charges for services or activities provided or done by the City of Markham.

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 COUNCIL MINUTES - JUNE 12, 2024

14.1.2

REQUEST FOR DIRECTION - DORSAY CIRCA PHASE 3 - ONTARIO LAND TRIBUNAL APPEAL BY DORSAY DEVELOPMENT CORPORATION, APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT

AND SITE PLAN CONTROL APPLICATIONS (WARD 2).
(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)](10.3) (10.5)
(Item 14.1.2, June 12, 2024 Council)

14.1.3

REQUEST FOR DIRECTION REPORT, MINTO COMMUNITIES INC. - APPLICATION FOR SITE PLAN CONTROL AT 17 ANNA RUSSELL WAY, UNIONVILLE (WARD 3)

(A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD; ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE; A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OF THE MUNICIPALITY OR LOCAL BOARD) [MUNICIPAL ACT, 2001, Section 239 (2) (c)(f)(k)]
(Item 3.1.1, May 1, 2024 Council)

14.1.4

ABC APPOINTMENTS – HERITAGE MARKHAM AND ENVRIONMENTAL ADVISORY COMMITTEE (16.24)

(PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES) [MUNICIPAL ACT, 2001, Section 239 (2) (b)]

14.2

GENERAL COMMITTEE - JUNE 25, 2024

14.2.1

PROPOSED ACQUISITION OF LAND (WARD 2) (7.0); A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD;

(A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE MUNICIPALITY OR LOCAL BOARD) [MUNICIPAL ACT, 2001, Section 239 (2)(c)]

Note: The following matters were referred directly to Council from the June 25, 2024 General Committee meeting. 

14.2.2

MOUNT JOY SPORTS DOME UPDATE (WARD 7) (7.0, 8.2)

(THE SECURITY OF THE PROPERTY OF THE MUNICIPALITY OR LOCAL BOARD) [MUNICIPAL ACT, 2001, SECTION 239 (2)(a)]

14.2.3

SPORT HOSTING OPPORTUNITY (7.0, 8.2)

(A POSITION, PLAN, PROCEDURE, CRITERIA OR INSTRUCTION TO BE APPLIED TO ANY NEGOTIATIONS CARRIED ON OR TO BE CARRIED ON BY OR ON BEHALF OF THE MUNICIPALITY OR LOCAL BOARD). [MUNICIPAL ACT, 2001, SECTION 239 (2)(a)]

14.3

NEW / OTHER BUSINESS

14.3.1

MARKHAM DISTRICT ENERGY INC. (MDEI) WASTEWATER ENERGY TRANSFER (WET) PROJECT

A TRADE SECRET OR SCIENTIFIC, TECHNICAL, COMMERCIAL, FINANCIAL OR LABOUR RELATIONS INFORMATION, SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD, WHICH, IF DISCLOSED, COULD REASONABLY BE EXPECTED TO PREJUDICE SIGNIFICANTLY THE COMPETITIVE POSITION OR INTERFERE SIGNIFICANTLY WITH THE CONTRACTUAL OR OTHER NEGOTIATIONS OF A PERSON, GROUP OF PERSONS, OR ORGANIZATION [MUNICIPAL ACT, 2001, Section 239 (2) (i)] (10.5)

 

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2024-117 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-117, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 26, 2024.
  No attachment

16.

ADJOURNMENT