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

Meeting Number: 27

Wednesday, November 29, 2023 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 - NOVEMBER 15, 2023

• 1. That the Minutes of the Council Meeting held on November 15, 2023, be adopted.

4.

PRESENTATIONS

4.1

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

Note: Presentation has been postponed to a future date.

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - HOCKEY LEGENDS TRAINING INC. (WARD 4) (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 - KYUSHU RESTAURANT (WARD 1) (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

LIQUOR LICENCE APPLICATION - JIYU THAI HOT POT RESTAURANT (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

LIQUOR LICENCE APPLICATION - MEHFILL INDIAN CUISINE RESTAURANT (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.

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 41 GENERAL COMMITTEE (NOVEMBER 21, 2023)

Please refer to your November 21, 2023 General Committee Agenda for reports.

Mayors and Members of Council:

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

8.1.1

WATER/ WASTEWATER SEWER SYSTEM FINANCIAL PLAN (5.3)

• 1. That the report entitled “Water and Wastewater System Financial Plan,” prepared in accordance with the Safe Drinking Water Act and Ontario Regulation 453/07, be received; and, 
  2. That Council, as the Owner and Operating Authority of the City of Markham’s Drinking Water System, approve the Corporation of the City of Markham’s “Water and Wastewater System Financial Plan,” which indicates that the Markham drinking water and wastewater system is financially viable; and,
  3. That Council authorize Staff to submit the “Water and Wastewater System Financial Plan” to the Ministry of Municipal Affairs and Housing on or before the application deadline of January 21, 2024; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

2024 MEETING CALENDAR (9.0)

• 1. That the proposed 2024 Standing Committee & Council Meeting Calendar be adopted; and,
  2. That the public meeting scheduled for June 10, 2024 be moved to June 17, 2024; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

2023 IN-YEAR CAPITAL BUDGET ADJUSTMENTS (7.5)

• 1. That the report dated November 21, 2023 titled “2023 In-Year Capital Additions” be received; and,
  2. That Council approve 36 2023 in-year capital additions, which total $38,701,511 as outlined in Appendix 1; and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 42 DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 27, 2023)

Please refer to your November 27, 2023 Development Services Committee Agenda for reports.

Mayor and Members of Council:

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

8.2.1

RECOMMENDATION REPORT, COMMENTS ON BILL 139, LESS RED TAPE, MORE COMMON SENSE ACT, 2023 – PROPOSED AMENDMENT TO THE ONTARIO HERITAGE ACT AND REGULATION (16.11)

• 1. That the Staff report, dated November 27, 2023, titled, "Recommendation Report, Comments on Bill 139, Less Red Tape, More Common Sense Act, 2023 – Proposed Amendment to the Ontario Heritage Act and Regulation”, be received; and,
  2. That the City of Markham does not support the proposed changes to Section 33 of the Ontario Heritage Act concerning individually designated properties occupied by buildings used for religious practices; and,
  3. That this report be forwarded to the Minister of Citizenship and Multiculturalism as the City of Markham’s comments on Bill 139 (Schedule 14); and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

VIA HIGH FREQUENCY RAIL PROJECT- STATION STRATEGIC BUSINESS CASE (5.14)

• 1. That the report entitled “VIA High Frequency Rail Project - Station Strategic Business Case” and presentation be received; and,
  2. That the City of Markham endorses the VIA High Frequency Rail Project – Station Strategic Business Case and the Box Grove Station location with all of its benefits from transit linkages, access to tourism destinations across the region, and economic development activity; and,
  3. That Staff engage the VIA HFR project office to present and submit the strategic business case that supports Box Grove as the preliminary preferred station location; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.3

CITY OF MARKHAM ROAD SAFETY PLAN - TERMS OF REFERENCE (5.12)

• 1. That the report entitled “City of Markham Road Safety Plan - Terms of Reference” and presentation be received; and
  2. That the following Terms of Reference for the development of the Markham Road Safety Plan be endorsed:
     1. Build on the outcomes of York Region’s Traveller Safety Plan and Markham’s Traffic Safety Audit to develop a Road Safety Plan that is tailored to the City of Markham; and,
     2. Develop and conduct a comprehensive stakeholder consultation plan to solicit public and stakeholder input and feedback throughout the development of the Road Safety Plan; and,
     3. Establish branding that is both specific for the City of Markham and complementary to the York Region Traveller Safety Plan to ensure consistent messaging is provided throughout the Road Safety Plan’s implementation; and,
     4. Complete a background review of relevant information, studies, and data to ensure the Road Safety Plan builds on previously completed work, is data-driven and evidence-based; and,
     5. Identify engineering and enforcement measures (safety tools) and assess their applicability, feasibility and effectiveness; and, 
     6. Review the City’s existing traffic calming policy, specifically as it pertains to vertical traffic calming measures such as speed humps/cushions and raised intersections; and,
     7. Develop a 5-year capital program which prioritizes the implementation of recommended measures; and,
     8. Develop a business case detailing the resource requirements (i.e. staff and financial) necessary to deliver and sustain the City’s Road Safety Program; and,
     9. Identify potential funding opportunities for the implementation of the Road Safety Program; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 43 DEVELOPMENT SERVICES COMMITTEE (NOVEMBER 28, 2023)

Please refer to your November 28, 2023 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• 1. That the report of the Development Services Committee be received & adopted. (Items 1 to 6):

8.3.1

VARLEY MCKAY ART FOUNDATION OF MARKHAM 2022 FINANCIAL STATEMENTS – ANNUAL GENERAL MEETING MATTERS (16.0)

• 1. That the Varley-McKay Art Foundation of Markham Financial Statements for the year ending December 31, 2022, be approved; and,
  2. That KPMG LLP be approved to audit the 2023 Varley McKay Art Foundation Financial Statements; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.2

RECOMMENDATION REPORT – OBJECTIONS TO NOTICES OF INTENTION TO DESIGNATE – PHASE II PROPERTIES (16.11)

• 1. That the Staff report, dated November 28, 2023, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase II Properties”, be received; and,
  2. That the written objections to designation under the Ontario Heritage Act as submitted by or on behalf of the property owners of 10159 McCowan Road (Ward 6) and 7880 Highway 7 East (Ward 5), be received as information; and,
  3. That Council affirm its intention to designate 2 Legacy Drive (Ward 7): “Box Grove United Church” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  4. That Council affirm its intention to designate 81 Dickson Hill Road (Ward 5): “Dickson Hill Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  5. That Council affirm its intention to designate 4130 Nineteenth Avenue (Ward 6): “Almira Mill House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That Council affirm its intention to designate 4159 Nineteenth Avenue (Ward 6): “Almira General Store and Post Office” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That Council affirm its intention to designate 6772 Fourteenth Avenue (Ward 6): “Box Grove General Store” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  8. That Council affirm its intention to designate 7880 Highway 7 East (Ward 5): “Albert and Bertha Reesor House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. That Council affirm its intention to designate 10159 McCowan Road (Ward 6): “Haacke-Warriner Farmhouse” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  10. That Council affirm its intention to designate 10224 Highway 48 (Ward 6): “Christian and Nancy Hoover House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  11. That Council affirm its intention to designate 10387 McCowan Road (Ward 6): “Thomas and Catharine Peach House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  12. That the Clerk’s Department be authorized to place designation by-laws before Council for adoption; and,
  13. That the Clerk’s Department be authorized to publish and serve notice of Council’s adoption of the designation by-laws as per the requirements of the Ontario Heritage Act; and further,
  14. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

MARKHAM CENTRE TRAIL, MASTER PLAN STUDY (WARDS 2, 3 AND 8) (5.0)

• 1. That the report entitled “Markham Centre Trail, Master Plan Study (Wards 2, 3 and 8)”, be received; and,
  2. That the conceptual preferred trail route for the Markham Centre Trail, as set out in the Master Plan Environmental Study Report (ESR), be endorsed by Council; and,
  3. That City staff be authorized to issue a Notice of Study Completion and file the Master Plan Study for Markham Centre Trail with the Ministry of the Environment, Conservation and Parks (MECP); and,
  4. That City staff report back to Development Services Committee following the completion of the Markham Centre Secondary Plan Study and the Yorktech Drive Extension Environmental Assessment process to present the overall implementation program for the remaining sections of the Markham Centre Trails including timelines and a funding source assessment; and further,
  5. That City staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

RECOMMENDATION REPORT MARKHAM COMMERCIAL CENTRE LTD. APPLICATION FOR SITE PLAN APPROVAL TO FACILITATE THE DEVELOPMENT OF TWO THREE-STOREY OFFICE BUILDINGS AND THREE ONE-STOREY INDUSTRIAL BUILDINGS 

LOCATED SOUTH OF HIGHWAY 7 AND WEST OF WOODBINE AVENUE, MUNICIPALLY KNOWN AS 55 EAST VALHALLA DRIVE (WARD 8), FILE NO. SPC 22 118800 (10.6)

• 1. That the November 28, 2023, report title, “RECOMMENDATION REPORT, Markham Commercial Centre Ltd., Application for Site Plan Approval to facilitate the development of two three-storey office buildings and three one-storey industrial buildings located south of Highway 7 and west of Woodbine Avenue, municipally known as 55 East Valhalla Drive, File No. SPC 22 118800 (Ward 8)”, be received; and,
  2. That the Site Plan Application (SPC 22 118800) submitted by Markham Commercial Centre Ltd. be endorsed in principle, subject to the conditions in Appendix “A”, and that Site Plan Approval be delegated to the Director of Planning and Urban Design or designate; and,
  3. That Site Plan Endorsement shall lapse and Site Plan Approval will not be issued after a period of three years from the date of endorsement in the event that the Site Plan Agreement is not executed within that time period; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.5

RECOMMENDATION REPORT, SUNNY COMMUNITIES (MARKHAM GOLD) INC., OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT A HIGH RISE MIXED-USE DEVELOPMENT WITH 736 UNITS (624 APARTMENT AND 112 MULTIPLE DWELLING UNITS) 

AT 9900 MARKHAM ROAD (WARD 6), FILE NO. PLAN 21 140327 (10.3, 10.5)

• 1. That the November 28, 2023, report titled, “RECOMMENDATION REPORT, “Sunny Communities (Markham Gold) Inc., Official Plan and Zoning By-law Amendment Application to permit a high rise mixed-use development with 736 units (624 apartment and 112 multiple dwelling units) at 9900 Markham Road (Ward 6), File No. PLAN 21 140327”, be received; and,
  2. That the Official Plan Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140327), be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be adopted without further notice; and,
  3. That the Zoning By-law Amendment application submitted by Sunny Communities (Markham Gold) Inc. (File PLAN 21 140476), be approved and the draft Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  4. That servicing allocation for 736 units be assigned to the proposed 21 storey apartment buildings and four-storey multiple dwelling unit buildings; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.6

YONGE NORTH SUBWAY EXTENSION – RESOURCE AGREEMENT BETWEEN THE CITY OF MARKHAM AND METROLINX (10.0)

• 1. That the report titled “Yonge North Subway Extension – Resource Agreement between City of Markham and Metrolinx” be received; and,
  2. That staff be directed to continue to negotiate the Resource Agreement and any other necessary associated documents with Metrolinx and that the Chief Administrative Officer be authorized to execute the Resource Agreement on terms satisfactory to the City Solicitor in consultation with the Commissioner of Development Services; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to the resolution.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2023-160 to 2023-162 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-160, A BY-LAW TO AMEND BY-LAW 2017-104

To authorize speed limits at specific intersections within the City of Markham.

13.2

BY-LAW 2023-161, A BY-LAW TO AMEND BY-LAW 2005-188

To add “prohibited parking” at specific intersections within the City of Markham. 

13.3

BY-LAW 2023-162, A BY-LAW TO AMEND STOP BY-LAW 106-71

To add “compulsory stop signs” at specific intersections within 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 REQUEST FOR DIRECTION, CURATED NORTH INC., 17, 19, 21, AND 23 MORGAN AVENUE, ONTARIO LAND TRIBUNAL APPEALS OF THE OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS 

TO PERMIT A RESIDENTIAL HIGH-RISE DEVELOPMENT COMPRISED OF A 40-STOREY RESIDENTIAL BUILDING WITH 487 UNITS
LITIGATION / POTENTIAL LITITGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY / ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE INCLUDING COMMUNICATION NECESSARY FOR THAT PURPOSE. (WARD 1) (8.0, 10.0)

Staff will provide a verbal update.

14.2

GENERAL COMMITTEE - NOVEMBER 21, 2023

14.2.1

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (WARD 3) [Municipal Act 2001, Section 239 (2)(c)] 

14.2.2

A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; (WARD 3) (8.0) [MUNICIPAL ACT 2001, Section 239 (2) (c)]

14.2.3

PROPERTIES FOR TAX SALE AUTHORIZATION – NOVEMBER 2023 (7.3)

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING CITY OR LOCAL BOARD EMPLOYEES; (7.3) [MUNICIPAL ACT 2001, Section 239 (2) (b)]

14.2.4

TRANSITIONING MARKHAM’S BLUE BOX PROGRAM TO PRODUCT PRODUCERS IN 2026 (5.1) 

(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); (5.1) [MUNICIPAL ACT 2001, Section 239 (2) (k)]

14.3

DEVELOPMENT SERVICES COMMITTEE - NOVEMBER 27, 2023

14.3.1

REQUEST FOR DIRECTION, ONTARIO LAND TRIBUNAL APPEAL BY CARDEA BAYVIEW VALLEY DEVELOPMENTS LIMITED, ZONING BY-LAW AMENDMENT APPLICATION TO PERMIT A DEVELOPMENT OF 10 THREE-STOREY

TOWNHOUSE UNITS AT 3 STEELE VALLEY ROAD (WARD 1) (10.5)
(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD;) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-159 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-159, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 29, 2023.

16.

ADJOURNMENT