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

Meeting Number:27

Wednesday, December 18, 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 - DECEMBER 4, 2024

• 1. That the Minutes of the Council Meeting held on December 4, 2024, be adopted.

4.

PRESENTATIONS

4.1

WORLD COUNCIL ON CITY DATA ISO37120 CERTIFICATION - CITY OF MARKHAM PLATINUM CERTIFICATION (12.2.6)

Note: Dr. Patricia McCarney, President & CEO, WCCD and Lauren Rutherford, Senior Coordinator- City Certification, Data Analyst, WCCD will be in attendance to make a presentation.

• 1. That the report dated Dec 18, 2024, titled “The World Council on City Data WCCD ISO 37120 Platinum Certification” be received, and further,
  2. That the formal presentation of the World Council on City Data (WCCD), ISO 37120 Platinum Certification to the City of Markham be received.

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

ONTARIO LAND TRIBUNAL (OLT) DECISION - TO DESIGNATE THE HAACKE-WARRINER FARMHOUSE, 10159 MCCOWAN ROAD (WARD 6) (10.3) (10.5)

Summary from the City Solicitor:

On December 4, 2024, the Ontario Land Tribunal (the “Tribunal”) approved and issued an order regarding the settlement between Markham MMM North Development Corporation (the “Appellant”) and the City of Markham with respect to an appeal by the Appellant concerning the heritage designation of the Subject Property located at 10159 McCowan Road (Haacke-Warriner Farmhouse). The Tribunal was satisfied with the settlement which revised the Statement of Significance of the designation by-law for the Subject Property and allowed the appeal in part.  Designation By-law 2023-168 for the Subject Property has been amended as set out in the Tribunal’s Final Order. 

As the OLT has issued its final decision, the Designation By-law now requires assignment of a By-law number for administrative tracking purposes.

(By-law 2024-221)

6.2

LIQUOR LICENCE APPLICATION - CHIPOTLE MEXICAN GRILL (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. 

6.3

MEMORANDUM - 648321 ONTARIO INC. (C/O GATZIOS PLANNING CONSULTANTS) APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT

TO PERMIT A MIXED-USE BUILDING AT 5871 HIGHWAY 7 EAST (WARD 4) FILE NO. PLAN 22 244910

(Item 8.2.3, By-law 2024-225 and By-law 2024-226)

• 1. That the staff memorandum, dated December 18, 2024, under the subject of “648321 Ontario Inc. (c/o Gatzios Planning Consultants) Applications for Official Plan and Zoning By-law Amendment to permit a mixed-use building at 5871 Highway 7 East (Ward 4) File No. PLAN 22 244910” be received; and, 
  2. That the Official Plan Amendment, attached hereto as Appendix “A”, be finalized and enacted without further notice; and,
  3. That the Zoning By-law Amendment, attached hereto as Appendix “B”, be finalized and enacted without further notice; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

6.4

MEMORANDUM - MARKLAND RESIDENTIAL CORPORATION, MARKLAND STREET - APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT

TO PERMIT 94 TOWNHOUSE UNITS AT MARKLAND STREET [FILE NO. PLAN 21 111003 (WARD 2)] (10.3, 10.5)
[Item 8.2.4, Report No. 11 Development Services Committee (March 21, 2023)]

(By-law 2024-227 and By-law 2024-228)

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

• 1. That the following new request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole be approved and added to the Five-Year List of Request to Raise Flag approved by Council:
     - Crime Stoppers Month, January 13 to January 17, 2025 (Organized by Crime Stoppers of York Region)

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 48 DEVELOPMENT SERVICES PUBLIC MEETING (DECEMBER 3, 2024)

Please refer to your December 3, 2024 Development Services Public Meeting Agenda for reports.

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

8.1.1

PUBLIC MEETING INFORMATION REPORT, CITY OF MARKHAM AT 7085, 7095, 7125, 7131, 7155, 7181, AND 7225 WOODBINE AVENUE, APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT

A PROPOSED MODIFICATION OF A ZONE BOUNDARY LINE TO THE COMPREHENSIVE ZONING BY-LAW 2024-19 AT THE EAST SIDE OF WOODBINE AVENUE SOUTH OF STEELCASE ROAD, MUNICIPALLY KNOWN AS 7085, 7095, 7125, 7131, 7155, 7181, AND 7225 WOODBINE AVENUE (WARD 8), FILE NO. PR 2024 196596 (10.5)

(By-law 2024-220)

• 1. That the Public Meeting Information Report which proposes a City initiated modification to a zone boundary line to Zoning By-law 2024-19 (PR 2024 196596) affecting the east side of Woodbine Avenue south of Steelcase Road be received; and,
  2. That the record of the Public Meeting held on December 3, 2024, with respect to the proposed City-initiated Zoning By-law Amendment to By-law 2024-19, that corrects a mapping error affecting 7085, 7095, 7125, 7131, 7155, 7181, and 7225 Woodbine Avenue be received; and,
  3. That the City-initiated Zoning By-law Amendment, be finalized and brought forward to the next available Council meeting to be enacted without further notice; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 49 DEVELOPMENT SERVICES COMMITTEE (DECEMBER 10, 2024)

Please refer to your December 10, 2024 Development Services Committee Agenda for reports.

• That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

8.2.1

RECOMMENDATION REPORT, OBJECTION TO NOTICE OF INTENTION TO DESIGNATE – PHASE XIII AND XIV PROPERTIES (16.11.3)

• 1. That the Staff report, dated December 10, 2024, titled "RECOMMENDATION REPORT, Objection to Notice of Intention to Designate – Phase XIII and XIV 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 7530 Ninth Line (Ward 7), be received as information; and,
  3. That Council affirm its intention to designate 7530 Ninth Line (Ward 7) 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.

8.2.2

2025 DEVELOPMENT FEE AND MUNICIPAL FEE BY-LAWS UPDATE (10.0)

(By-law 2024-222 and By-law 2024-223)

• 1. That the December 10, 2024, report titled, "2025 Development Fee and Municipal Fee By-laws Update", be received; and,
  2. That the amendment to By-law 211-83, as amended, "A By-law to prescribe a Tariff for the Processing of Planning Applications," substantially in the form attached as Appendix 'B', be enacted; and,
  3. That the amendment to By-law 2002-276, as amended "To impose fees or charges for services or activities provided or done by the City of Markham" substantially in the form attached as Appendix ‘C’, be enacted’; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

RECOMMENDATION REPORT, 648321 ONTARIO INC. (C/O GATZIOS PLANNING CONSULTANTS), APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A 13-STOREY MIXED-USE BUILDING AT 5871 HIGHWAY 7 (WARD 4) FILE PLAN 22 244910 (10.3, 10.5)

(Item 6.3, By-law 2024-225 and By-law 2024-226)

• WHEREAS it is the opinion of Council that a 10-storey building is a more contextual height for a property in proximity to a Heritage District and with limited future redevelopment due to several prominent heritage assets; and,

  WHEREAS Council supports the need for housing and the recommended Gross Floor Area of the proposal;

  NOW THEREFORE BE IT RESOLVED:

  1. That the Recommendation Report, dated July 16^th, 2024, 648321 Ontario Inc. (c/o Gatzios Planning Consultants), Applications for Official Plan and Zoning By-law Amendments to permit a 13-storey mixed use building at 5871 Highway 7 (Ward 4), File No. PLAN 22 244910, be refused; and,
  2. That Staff bring forward an implementing By-law for a 10-storey mixed use building with a minimum Gross Floor Area (GFA) of 13,100 square metres and minimum non-residential GFA of 165 square metres on the lands municipally known as 5871 Highway 7, following review of revised plans to the satisfaction of the Director of Planning and Urban Design or his designate; and,
  3. That Staff bring forward the amending Official Plan and Zoning By-law documents for Council approval to permit a 10-storey mixed use building on the lands municipally known as 5871 Highway 7, following review of revised plans to the satisfaction of the Director of Planning and Urban Design or his designate; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 50 GENERAL COMMITTEE (DECEMBER 17, 2024)

Please refer to your December 17, 2024 General Committee Agenda for reports.

• That the report of the General Committee be received & adopted. (Items 1 to 5):

8.3.1

MIDEA HOME APPLIANCES CANADA – SPONSORSHIP AND NAMING RIGHTS AGREEMENT (8.2)

• 1. That the report titled “Midea Home Appliances Canada – “Sponsorship and Naming Rights Agreement” be received; and,
  2. That the City of Markham enter into a five-year sponsorship and naming rights agreement with Midea Home Appliances Canada company (“Midea”), granting Midea the following rights:
     1. Designation as the “Entertainment Sponsor” for the Markham Canada Day Celebration for the years 2025, 2026, 2027, 2028 and 2029.
     2. Sponsorship rights and interior naming rights for the Angus Glen Community Centre East Arena and Gymnasium.
     3. Naming rights for the Angus Glen Community Centre Lower-Level Concession Stand, to be named the “Midea Community Kitchen and Pantry"; and,
  3. That the sponsorship and naming rights agreement include the following fees payable by Midea;
     1. A one-time Concession Stand Renovation Fee of $50,000 to be paid in Year 1.
     2. A one-time Gymnasium Floor Renovation Fee of $55,000 to be paid in Year 1.
     3. An annual Canada Day Entertainment Sponsor sponsorship fee of $30,000 for Years 1, 2, 3, 4, and 5.
     4. An annual East Arena and Gymnasium naming rights and sponsorship fee of $25,000 for Years 1, 2, 3, 4, and 5.
     5. An annual naming rights fee of $24,000 for Years 1, 2, 3, 4, and 5, for the Midea Community Kitchen and Pantry; and,
  4. That the Mayor and Clerk be authorized to execute the sponsorship and naming rights agreement between the City and Midea, substantially in accordance with the terms set out in the report, and extensions of such sponsorship and naming rights agreement, in a form approved by the CAO and City Solicitor; and,
  5. That the one-time Concession Stand Renovation Fee of $50,000 and the one-time Gymnasium Floor Renovation Fee of $55,000 be deposited into two new capital projects; and,
  6. That the East Arena and Gymnasium sponsorship and naming rights proceeds be deposited into G/L# 795-796-9254 (General Sponsorships), the Lower-Level Concession Stand naming rights proceeds be deposited into G/L # 514-113-8910 (Recreation Revenue Account) and the Canada Day Entertainment Sponsor sponsorship proceeds be deposited into G/L # 025-210-0016 (Canada Day) for the payment terms in 2025, 2026, 2027, 2028 and 2029; and,
  7. That Council delegate authority to the CAO to approve and execute agreements in connection with interior naming rights and sponsorship opportunities up to $100,000 per agreement, in a form approved by the CAO and the City Solicitor; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

CITY OF MARKHAM LANGUAGE AND TRANSLATION POLICY (12.1)

• 1. That the report titled “City of Markham Language and Translation Policy” be received; and,
  2. That Council adopt the Language and Translation Policy attached as Attachment A to this report; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

AWARD OF TENDER 232-T-24 FOR SHORT TERM RENTAL OF VEHICLES (7.12)

• 1. That the report titled “Award of Tender 232-T-24 for Short Term Rental of Vehicles” be received; and,
  2. That the contract for Tender 232-T-24 for Short Term Rental of Vehicles be awarded to the lowest priced bidder, Surgenor National Leasing Limited, for one year (January 1 – December 31, 2025), in the annual amount of $348,675.55, inclusive of HST, with the option to renew the contract for three additional, separate one-year periods from January 1 to December 31 of the renewal period, for a total estimated contract amount of $1,394,702.21, inclusive of HST; and,
  3. That an annual 10% contingency in the amount of $34,867.56 inclusive of HST, be established to cover any additional costs related to the short-term rentals and that authorization to approve expending the contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. The total award in the amount of $383,543.11 ($348,675.55 + $34,867.56) be funded from various operating accounts outlined in the Financial Considerations section; and,
  5. The budget shortfall in the amount of $127,184.11 ($256,359.00 - $383,543.11) be included as part of the 2025 year-end results of operations; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

REPORTING OUT OF REAL PROPERTY ACQUISITIONS – 66 AND 68 MORGAN AVENUE, MARKHAM (8.6)

• 1. That the report entitled “Reporting Out of Real Property Acquisitions– 66 and 68 Morgan Avenue, Markham” be received; and,

  2. That Staff be authorized and directed to take the actions set out in this report; and further,

  3. That the report entitled “Reporting Out of Real Property Acquisitions – 66 and 68 Morgan Avenue, Markham” and the foregoing resolutions be reported out at the next public Council meeting.

8.3.5

AUDITOR GENERAL SERVICES PROCUREMENT (7.12)

• 1. That the report “Auditor General Services Procurement” be received; and,
  2. That a Procurement Team, led by Purchasing Staff and comprised of the Commissioner of Corporate Services, the City Treasurer, the City Clerk and the City Solicitor, be authorized to undertake a recruitment/procurement process for Auditor General Services for the City of Markham; and,
  3. That the Auditor General Services Procurement Team provide a recommendation to General Committee regarding the preferred candidate in the first quarter of 2025; 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".

11.1

MOTION OF SUPPORT OF SOLVETHECRISIS.CA CAMPAIGN

Request from the Ontario Big City Mayors (OBCM) to support the motion

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2024-219 to 2024-228 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2024- 219, A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE CITY OF MARKHAM (VANDERBERGH AVENUE)

Being a By-law to dedicate certain lands as part of the highways of the City of Markham named Vanderbergh Avenue. (Block 157, Plan 65M-4693, designated as Part 1, 65R-39219).

13.2

BY-LAW 2024-220, A BY-LAW TO AMEND BY-LAW 2024-19, AS AMENDED

Being a By-law to amend the City Initiated New Comprehensive Zoning By-law Project. (File PR 13 128340)
(Item 8.1.1)

13.3

BY-LAW 2024-221, A BY-LAW TO AMEND BY-LAW 2023-168 BEING A BY-LAW TO DESIGNATE THE HAACKE-WARRINER FARMHOUSE, 10159 MCCOWAN ROAD

Being a By-law to designate Haacke-Warriner Farmhouse, 10159 McCowan Road, under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest. 
To facilitate a By-law number based on direction from the Ontario Land Tribunal.
(Item 6.1)

(By-law 2024-221 as approved by OLT)
(For information only to facilitate the assignment of a by-law number)

13.4

BY-LAW 2024-222, A BY-LAW TO AMEND BY-LAW 211-83

Being a by-law to prescribe a tariff of fees for the processing Planning Applications in the City of Markham.
(Item 8.2.2 and By-law 2024-223)

13.5

BY-LAW 2024-223, A BY-LAW TO AMEND BY-LAW 2002-276, AS AMENDED

Being a By-law to impose fees or charges for services or activities provided or done by the City of Markham.
(Item 8.2.2 and By-law 2024-222)

13.6

BY-LAW 2024-224, A BY-LAW TO AMEND BY-LAW 2024-19, AS AMENDED

Being a By-law to rezone the Subject Lands from General Employment (EMP-GE) Zone to General Employment*9 (EMP-GE*9) Zone. (Arbutus Real Estate Ltd. c/o Andrea Carson Baker, 7441 to 7455 Victoria Park Avenue and 200 to 248 Steelcase Road East)
(Item 8.1.1 Report No. 33 Development Services Public Meeting, November 5, 2024)

13.7

BY-LAW 2024-225, 5871 HIGHWAY 7 - OFFICIAL PLAN AMENDMENT NO. 60  (648321 ONTARIO INC.) 

The OPA NO. 60  modifies the City’s 2014 Official Plan to delete the property from the designated area of By-law 1229, as amended, and zone them Community Amenity Area Two*772(H) (CA2*772(H)) under By-law 177-96, as amended, to permit the redevelopment of subject lands for a 10-storey mixed use building.
(Item 6.3, Item 8.2.3 and By-law 2024-226)

13.8

BY-LAW 2024-226, 5871 HIGHWAY 7 - ZONING BY-LAW AMENDMENT (648321 ONTARIO INC.) 

Being a By-law to delete the property from the designated area of By-law 1229, as amended, and zone them Community Amenity Area Two*772(H) (CA2*772(H)) under By-law 177-96, as amended, to permit the redevelopment of subject lands for a 10-storey mixed use building.
(Item 6.3, Item 8.2.3 and By-law 2024-225)

13.9

BY-LAW 2024-227,  MARKLAND RESIDENTIAL CORPORATION, MARKLAND STREET - OFFICIAL PLAN AMENDMENT NO. 61

The OPA NO. 61  modifies the City’s 2014 Official Plan to rezone the subject lands under By-law 177-96, from Select Industrial with Limited Commercial Zone to Residential Two*727 Zone in order to permit a residential development.

[Item 8.2.4, Report No. 11, Development Services Committee (March 21, 2023)]
(Item 6.4 and By-law 2024-228)

13.10

BY-LAW 2024-228, MARKLAND RESIDENTIAL CORPORATION, MARKLAND STREET - ZONING BY-LAW AMENDMENT

Being a By-law to rezone the subject lands under By-law 177-96, from Select Industrial with Limited Commercial Zone to Residential Two*727 Zone in order to permit a residential development.

[Item 8.2.4, Report No. 11, Development Services Committee (March 21, 2023)]
(Item 6.4 and By-law 2024-227)

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 - DECEMBER 4, 2024 [ MUNICIPAL ACT, SECTION 239 (2) (e)(f)]

14.1.2

BOX GROVE COMMUNITY CENTRE - BOARD/ COMMITTEE APPOINTMENTS -  PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (16.24)

[MUNICIPAL ACT, 2001, Section 239 (2)(b)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2024-218 be given three readings and enacted.

  Three Readings

  BY-LAW 2024-218- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 18, 2024.
  No attachment

16.

ADJOURNMENT