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

Meeting No. 11

Tuesday, June 14, 2022 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 current treaty holders 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 - MAY 31, 2022

• 1. That the Minutes of the Council Meeting held on May 31, 2022, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION - YONGE CORRIDOR LAND USE AND BUILT FORM STUDY (PRELIMINARY STEP TO SECONDARY PLAN) FINAL REPORT (10.4)

Jeffrey Streisfield will address Council on this matter.

(See Item 8.3.1, Report No. 25)

6.

COMMUNICATIONS

6.1

22-2022 LIQUOR LICENCE APPLICATION - JIN KOREAN HOT POT & PLATE (WARD 8) (3.21)

(Liquor licence for indoor areas)

• 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

23-2022 YONGE CORRIDOR LAND USE AND BUILT FORM STUDY (PRELIMINARY STEP TO SECONDARY PLAN) FINAL REPORT (10.4)

• 1. That the written submission from Jeffrey Streisfield, dated June 12, 2022 regarding the  "Yonge Corridor Land Use and Built Form Study (Preliminary Step to Secondary Plan) Final Report", be received.

  (See Item 8.3.1, Report No. 25)

7.

PROCLAMATIONS

7.1

PROCLAMATION

No Attachments

• 1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

     • International Day Against Drug Abuse And Illicit Trafficking – June 26, 2022

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 23 - DEVELOPMENT SERVICES COMMITTEE (MAY 30, 2022)

Mayor and Members of Council:

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

8.1.1

RECOMMENDATION REPORT IMPLEMENTATION OF THE SUSTAINABILITY METRICS AS A GREEN DEVELOPMENT STANDARD IN MARKHAM (10.0)

• 1. That the staff report entitled “Recommendation Report, Implementation of the Sustainability Metrics as a Green Development Standard in Markham” dated May 30, 2022, be received; and,
  2. That Council adopt the Sustainability Metrics, attached as Appendix 1, prepared by Morrison Hershfield and revised following internal review and stakeholder consultation with the land development community; and,
  3. That the report from the Sustainability Solutions Group (SSG), "Updating the Sustainability Score Thresholds", attached as Appendix 2, be received; and,
  4. That the revised Sustainability Metrics in Appendix 1 be implemented by Q1 2023 requiring that:
     1. Plan of subdivision applications meet a minimum sustainability threshold score of 27;
     2. Site plan applications for low rise residential, office, commercial and industrial buildings meet a minimum sustainability threshold score of 41;
     3. The current LEED Silver certification requirement for site plan applications for medium and high rise residential and mixed-use developments be replaced by the requirement to meet a minimum sustainability threshold score of 55;

         

  5. That Staff report back to Development Services Committee in 2023 with recommendations to require improved energy performance of buildings for all site plan and plan of subdivision applications as set out in the “Good” standard in Metric IB-12 (Energy Efficiency and GHG Reductions), and including a procedure to monitor outcomes such as through third-party verification; and,
  6. That Council endorse the roadmap to net zero energy buildings as shown in Appendix 3; and,
  7. That the Sustainability Metrics not apply to plans of subdivision in the Future Urban Area (FUA) as identified in the Markham Official Plan, 2014 and that the City continue the existing requirement for developments in the FUA to conform with the Community Energy Plan, and that the application of the Sustainability Metrics for site plans in the FUA be considered at such time as improved energy performance of buildings is required through the Sustainability Metrics; and,
  8. That the mandatory energy performance measures in the Community Energy Plan for the FUA be extended to all low rise residential developments in the City as part of the formal launch of the Sustainability Metrics, until such time as improved energy performance of buildings is required through the Sustainability Metrics; and further,
  9. Further that Staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.1.2

RECOMMENDATION REPORT ALAI DEVELOPMENTS INC. (FORMERLY 2080552 & 2328465 ONTARIO INC.) APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT THIRTY-NINE TOWNHOUSE UNITS AT 4781, 4791, 4801, AND 4813 14TH AVENUE (WARD 8) PLAN NO.: ZA/SC 18 114381 (10.5)

• 1. That the report titled, “RECOMMENDATION REPORT, Alai Developments Inc. (formerly 2080552 and 2328465 Ontario Inc.), Application for Zoning By-law Amendment to permit thirty-nine townhouse units at 4781, 4791, 4801, and 4813 14^th Avenue (Ward 8), File No. ZA 18 114381”, be received; and,
  2. That the Zoning By-law Amendment application submitted by Alai Developments Inc (formerly 208552 and 2328465 Ontario Inc.) be approved and the draft Zoning By-law Amendment, attached hereto as Appendix ‘A’, be finalized and enacted without further notice; and,
  3. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owner shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the By-law was approved by Council; and,
  4. That Council assign servicing allocation for a maximum of thirty-nine residential units; and,
  5. That the City reserves the right to revoke or reallocate the servicing allocation should the development not proceed in a timely manner; and,
  6. That York Region be advised that servicing allocation for thirty-nine residential units has been granted; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2022-76)

8.1.3

ACTIVE TRANSPORTATION MASTER PLAN IMPLEMENTATION STRATEGY AND CAPITAL PLAN (5.0)

• 1. That the report dated May 30, 2022 entitled “Active Transportation Master Plan Implementation Strategy and Capital Plan” and staff presentation be received; and,
  2. That Council endorse the implementation plan and prioritization process for the ATMP 10-year cycling capital plan described in this report, at an estimated capital cost of $53.5M, of which $22.3M will be funded from the City Wide Hard Development Charges Reserve, $19.2M from the City Wide Soft Development Charges Reserve and $12.0M from other Non-Development Charges sources (proposed to be funded through a combination of the Community Benefit Charge and non-development related revenues (Non-DC growth reserve)); and,
  3. That the actual implementation of the specific projects within the ATMP capital plan will be subject to the annual capital budget request and approval process; and,
  4. That the operational and maintenance costs, estimated at $993,000 upon completion of the 10-year program, be phased-in appropriately during the 10-year program term and be subject to the annual budget approval process; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 24 - GENERAL COMMITTEE (JUNE 7, 2022)

Mayor and Members of Council:

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

8.2.1

STATUS OF CAPITAL PROJECTS AS OF MARCH 31, 2022 (7.5)

• 1. That the report dated June 7, 2022 titled “Status of Capital Projects as of March 31, 2022” be received; and,
  2. That the Projects Completed within Scope with Surplus Funds and the Projects Completed within Scope without Surplus Funds, as identified on Exhibit B, be approved for closure and funds in the amount of $4,320,002 be transferred to the original sources of funding as identified on Exhibit B; and,
  3. That the Projects Closed and Not or Partially Initiated, as identified on Exhibit C, be approved for closure and funds in the amount of $347,100 be transferred to the original sources of funding as identified in Exhibit C; and,
  4. That the Non-Development Charge Capital Contingency Project be topped up from the Life Cycle Replacement and Capital Reserve Fund by $138,398 to the approved amount of $250,000; and,
  5. That the Engineering Capital Contingency Project be topped up from the Development Charges - City-Wide Hard Reserve by $33,525 to the approved amount of $100,000; and,
  6. That the Design Capital Contingency Project be topped up from the Development Charges – Parks Development Reserve by $380,217 to the approved amount of $100,000; and,
  7. That the Planning Capital Contingency Project be topped up from the Development Charges – City-Wide Soft Reserve by $26,460 to the approved amount of $50,000; and,
  8. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $4,128 to the approved amount of $100,000; and,
  9. That the Staff approved draws from Other Reserves as part of the Capital Contingency process in the amount of $82,552 be received; and,
  10. That the following new capital projects, initiated subsequent to the approval of the 2022 capital budget, be received:
      1. 22339 – Engineering Studies – Peer Review – Budget of $0 to be funded from External Revenues (Developer Funding)
      2. Project 22340 – Cornell CC Glycol Cooling Loop System – Budget of $37,504 funded from the Non-DC Capital Contingency; and further, 
  11. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

2023 INTERIM PROPERTY TAX LEVY REPORT (7.3)

• 1. That the report “2023 Interim Tax Levy By-law” be received; and,
  2. That Council authorize an interim tax levy for 2023; and,
  3. That the attached by-law be passed to authorize the 2023 interim tax levy; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2022-77)

8.2.3

107-T-22 SWM POND SEDIMENT CLEANING (ID #47 AND #119) (7.0)

• 1. That the report entitled “107-T-22 Sediment Removal at Stormwater Management Ponds (ID #47 and #119)” be received; and,
  2. That the contract for Tender be awarded to the lowest priced Bidder, Greenspace Construction Inc. in the amount of $631,924.65, inclusive of HST; and,
  3. That a 10% contingency in the amount of $63,192.47 inclusive of HST, be established to cover any additional construction costs and that authorization to approve expenditures of this contingency amount up to the specified limit be in accordance with the Expenditure Control Policy; and,
  4. That the construction award in the amount of $695,117.12 ($631,924.65+ $63,192.47) be funded from the capital project 058-6150-22196-005 “SWM Pond Cleaning ID#47 & #119 - Construction” with budget available of $476,400.00; and, 
  5. That the shortfall of $218,717.12 in project #22196 “SWM Pond Cleaning ID#47 & #119 - Construction” be funded from Life Cycle Replacement and Capital Reserve Fund; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

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.

8.2.5

MARKHAM ENVIRONMENTAL SUSTAINABILITY FUND (MESF) APPROVAL PROJECT (7.0, 5.7)

• 1. That the report entitled “2022 Markham Environmental Sustainability Fund (MESF) Project Funding” be received; and, 
  2. That the external funding application Blessed Frederic Ozanam Parish Community Garden for site expansion and improvements be approved for $7,450 to be funded from the MESF reserve; and,
  3. That the external funding application From Seedlings to Suppers: Growing Cornell Community Garden for site expansion and improvements be approved for $7,597 to be funded from the MESF reserve; and, 
  4. That the internal funding application for Community Garden – 120 Kirkham Drive site improvements for $10,000 submitted by the Sustainability and Asset Management Department be approved to be funded from the MESF reserve; and, 
  5. That the internal funding application for LDD (Lymantria Dispar Dispar) Burlap Kits for $9,165 submitted by the Operations Department be approved to be funded from the MESF reserve; and, and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 25 - DEVELOPMENT SERVICES COMMITTEE (JUNE 13, 2022)

Mayor and Members of Council:

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

8.3.1

YONGE CORRIDOR LAND USE AND BUILT FORM STUDY (PRELIMINARY STEP TO SECONDARY PLAN) FINAL REPORT (10.4)

• 1. That the staff report dated June 13, 2022 entitled “Yonge Corridor Land Use and Built Form Study (Preliminary Step to Secondary Plan) Final Report” be received; and,
  2. That the deputations from Lauren Capilongo, Malone, Given Parsons Ltd., and Nick Pileggi, MSH Ltd., at the June 13, 2022 Development Services Committee meeting be received; and,
  3. That Council endorse the Yonge Corridor Land Use and Built Form Study: Final Report, attached as Appendix ‘A’ and the Yonge North Subway Extension: Funding Transit Investment and Land Value Capture: Final Report, attached as Appendix ‘B’; and,
  4. That this report be circulated to Metrolinx, York Region, Vaughan, Richmond Hill and Toronto; 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 2022-76 to 2022-79 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2022-76 ALAI DEVELOPMENTS INC. (FORMERLY 2080552 & 2328465 ONTARIO INC.), 4781, 4791, 4801 AND 4813 14TH AVENUE, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 193-81, as amended, and By-law 177-96, as amended, in order to permit a residential townhouse development on the lands.

(Item 8.1.2, Report 23)

13.2

BY-LAW 2022-77  A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY IN 2023

(Item 8.2.2, Report 24)

13.3

BY-LAW 2022-78 CORNELL ROUGE DEVELOPMENT CORPORATION, EAST OF CORNELL ROUGE BOULEVARD, NORTH OF HIGHWAY 7 AND WEST OF DONALD COUSENS PARKWAY, PART LOT CONTROL EXEMPTION BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 8 to 14 (inclusive), Registered Plan 65M-4674 and Blocks 18 and 19 (inclusive), Registered Plan 65M-4656, located on the east side of Cornell Rouge Boulevard, north of Highway 7 and west of Donald Cousens Parkway in the Cornell community. 

13.4

BY-LAW 2022-79 ROAD DEDICATION BY-LAW (WILLIAMSON ROAD; SWAN PARK ROAD)

A by-law to dedicate certain lands as part of the highways of the City of Markham:

1. Reserve Blocks 33, 34, 35, Plan 65M-3482 and Part Centre 80 Acres, Lot 16 Concession 8, designated as Part 4, Plan 65R-35615 - Williamson Road
2. Reserve Blocks 36 and 37, Plan 65M-3482 - Swan Park Road.

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 - MAY 31, 2022 [Section 239 (2) (a) (b) (c) (e) (f)] (16.0)

14.1.2

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (APPOINTMENTS & RESIGNATIONS TO BOARDS/COMMITTEE) (16.24)Section 239 (2) (b)

14.1.3

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (APPOINTMENTS & RESIGNATIONS TO BOARDS/COMMITTEE) (16.24)Section 239 (2) (b)

14.2

REPORT FROM GENERAL COMMITTEE - JUNE 7, 2022

14.2.1

THE SECURITY OF THE PROPERTY OF THE CITY OR LOCAL BOARD (WARD 3); [SECTION 239(2) (a)] (8.1)

14.3

REPORT FROM GENERAL COMMITTEE - JUNE 8, 2022

14.3.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 4)[Section 239(2)(e)] (8.7,10.12)

OLT APPEAL - LUI HUI - 14 RAMONA BOULEVARD (WARD 4)

14.4

NEW/ OTHER BUSINESS

14.4.1

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; (WARD 3)[Section 239(2)(e)] (8.7,10.12)

REQUEST FOR DIRECTION REPORT SCARDRED 7 COMPANY LIMITED APPEAL OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2022-80 be given three readings and enacted.

  Three Readings

  BY-LAW 2022-80 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF JUNE 14, 2022.
  No attachment

16.

ADJOURNMENT