Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 3

Wednesday, February 23, 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 - FEBRUARY 8, 2022

• 1. That the Minutes of the Council Meeting held on February 8, 2022, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION - DISSOLVE ONTARIO LAND TRIBUNAL (OLT) (13.2)

Barry Nelson will address Council on this matter.

(Item 8.1.2, Report No. 5)

6.

COMMUNICATIONS

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Epilepsy Awareness Month and Purple Day - March 26, 2022
     2. Day of Mourning for Workers Killed or Injured on the Job -  April 28, 2022
     3. Pakistan National Day - March 23, 2022
  2. That the following request for flag to be flown at half-mast at the Civic Centre, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
     1.  Day of Mourning for Workers Killed or Injured on the Job April 28, 2022 (Organized by The City of Markham)
  3. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council: 
     1. Markham Down Syndrome Day - March 21, 2022
     2. Daughter’s Day - November 7, 2022

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 5 - DEVELOPMENT SERVICES COMMITTEE (FEBRUARY 7, 2022)

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1and 2):

8.1.1

RECOMMENDATION REPORT MINOTAR HOLDINGS INC. AND HAL-VAN 5.5 INVESTMENTS LTD. APPLICATIONS FOR A DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT TO PERMIT APPROXIMATELY 823 DWELLING UNITS (756 GROUND RELATED AND 67 IN A MIXED-USE BLOCK) ON

PART OF LOTS 23 AND 24, CONCESSION 6 (EAST SIDE OF KENNEDY ROAD NORTH OF MAJOR MACKENZIE DRIVE) (WARD 6) FILE NO.: PLAN 20 133038 (10.5, 10.7)

• 1. That the staff report dated February 7, 2022 titled “Recommendation Report, Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd., Applications for a Draft Plan of Subdivision and Zoning By-law Amendment to permit approximately 823 dwelling units (756 ground related and 67 in a mixed-use block) on Part of Lots 23 and 24, Concession 6 (East side of Kennedy Road north of Major Mackenzie Drive) (Ward 6), File No.: PLAN 20 133038,” be received; and,
  2. 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 Owners 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,
  3. That the application submitted by Minotar Holdings Inc. and Hal-Van 5.5 Investments Ltd. to amend Zoning By-law 304-87, as amended, be approved and the draft Zoning By-law attached hereto as Appendix ‘A’, be finalized and brought forward to a future Council meeting to be enacted without further notice’; and,
  4. That Draft Plan of Subdivision 19TM-20010 be approved in principle, subject to the conditions set out in Appendix ‘B’ of this report and be brought forward to a future Council meeting once all outstanding matters have been resolved to staff’s satisfaction; and,
  5. That the Director of Planning and Urban Design or his designate, be delegated authority to issue Draft Plan Approval, subject to the conditions set out in Appendix ‘B’, as may be amended by the Director of Planning and Urban Design or his designate; and,
  6. That Draft Plan Approval for Draft Plan of Subdivision 19TM-20010 will lapse after a period of three (3) years from the date of Council approval in the event that a subdivision agreement is not executed within that period; and,
  7. That servicing allocation for 756 units be assigned to Draft Plan of Subdivision 19TM-20010; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2022-12)

8.1.2

DISSOLVE ONTARIO LAND TRIBUNAL (OLT) (13.2)

No attachments.

• Whereas Municipalities across this province collectively spend millions of dollars of taxpayer money and municipal resources developing Official Plans that meet current Provincial Planning Policy; and, 

  Whereas an Official Plan is developed through months of public consultation to ensure, “that future planning and development will meet the specific needs of our community”; and,

  Whereas our Official Plan includes zoning provisions that encourage development of the “missing middle” or “gentle density” to meet the need for attainable housing in our community; and,

  Whereas our Official Plan is ultimately approved by the province; and, 

  Whereas it is within the legislative purview of Municipal Council to approve Official Plan amendments or Zoning By-law changes that better the community or fit within the vision of the City of Markham Official Plan; and,

  Whereas it is also within the legislative purview of Municipal Council to deny Official Plan amendments or Zoning By-law changes that do not better the community or do not fit within the vision of the City of Markham Official Plan; and 

  Whereas municipal planning decisions may be appealed to the Ontario Land Tribunal (OLT; formerly the Ontario Municipal Board or “OMB”), an unelected, appointed body that is not accountable to the residents of the City of Markham; and, 

  Whereas the OLT has the authority to make a final decision on planning matters based on a “best planning outcome” and not whether the proposed development is in compliance with municipal Official Plans and Provincial Planning Policy; and,

  Whereas Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; and,

  Whereas towns and cities across this Province are repeatedly forced to spend millions of dollars defending Official Plans that have already been approved by the province in expensive, time consuming and ultimately futile OLT hearings; and,

  Whereas lengthy, costly OLT hearings act as a barrier to the development of all housing and commercial properties.

  1. Now Therefore Be It Resolved That the City of Markham requests the Government of Ontario to instruct the OLT to immediately cease accepting new cases and then dissolve the OLT once its current caseload has been addressed, thereby eliminating one of the most significant sources of red tape delaying the development of housing in Ontario; and,
  2. Be It Further Resolved That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, the Minister of Municipal Affairs and Housing, the Leader of the Opposition, the Leaders of the Liberal and Green Party, all MPPs in the Province of Ontario; the Large Urban Mayors’ Caucus of Ontario, the Small Urban GTHA Mayors and Regional Chairs of Ontario; and,
  3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

8.2

REPORT NO. 6 - GENERAL COMMITTEE (FEBRUARY 14, 2022)

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 and 2):

8.2.1

CONTRACT EXTENSION FOR WATER METER READING, BILLING SERVICES (7.5)

• 1. That the report entitled "Contract Extension for Water Meter Reading & Billing Services " be received; and,
  2. That the contract for Water Meter Reading & Billing Services with Alectra Utilities be extended for up to an additional 3 years (January 1, 2022 to December 31, 2024) increasing from $1,553,680.00 to $1,600,290.67 inclusive of HST for 2022, a 3% escalation over the 2021 rate and 3% each year thereafter; and,
  3. That the Mayor and Clerk be authorized to execute a Shared Services Agreement extension agreement between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and,
  4. That the tender process be waived in accordance with Purchasing By-Law 2007-8 Part II, Section 11.1 (c) which states "when the extension of an existing contract would prove more cost effective or beneficial"; and Section 11.2 which states “Request for Tenders, Requests for Proposals and Requests for Quotations may not be required for goods and services to be provided by Utility Companies”; and,
  5. That the CAO be authorized to execute a Transition Agreement (or such other similar agreement, as required) between the City and Alectra Utilities, in a form satisfactory to the City Solicitor; and,
  6. That the CAO be authorized to enter into a Collaboration Agreement (or such other similar agreement, as required) between the City and any or all of the Cities of Hamilton, Guelph and Vaughan in a form satisfactory to the City Solicitor; and,
  7. That Council approve a new 2022 Capital Budget for the initial phase of the Water Billing Transition Project including the hiring of an external consultant in the amount $200,000 to be funded from the Waterworks Reserve; and further,
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

MUTUAL AID AND ASSISTANCE AGREEMENT FOR ONTARIO WATER WASTEWATER AGENCY RESPONSE NETWORK (OnWARN) (5.7)

• 1. 1. That the report titled “Mutual Aid and Assistance Agreement for Ontario Water/Wastewater Agency Response Network (OnWARN)” be received; and,
     2. That the Director of Environmental Services be authorized to execute a Memorandum of Understanding (“Agreement”) to participate in the Ontario Water/Wastewater Agency Response Network (“OnWARN”) program, provided the form of the agreement is satisfactory to the Commissioner of Community Services and the City Solicitor; and,
     3. That any expenditures by the Environmental Services Department in connection with responding to or requesting emergency aid and assistance pursuant to the Agreement adhere to the Expenditure Control Policy and the Purchasing Bylaw 2017-8; and, 
     4. That the Director of Environmental Services be authorized to act as “Authorized Official” under the Agreement and to carry out the responsibilities of the Authorized Official as described in the Agreement, including the following:
        1. To decide whether to respond to requests for assistance from other requesting member participants of OnWARN;
        2. To respond to requests for assistance from other requesting member participants of OnWARN;
        3. To determine the extent of aid or assistance to be provided to requesting member participants of OnWARN;
        4. To request assistance from participating members of OnWARN if required; and
        5. To withdraw from the OnWARN at his or her sole discretion; and,
        6. That the Director of Environmental Services be authorized to administer the City’s participation in OnWARN; and further,
     5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 7 - SPECIAL DEVELOPMENT SERVICES COMMITTEE MEETING (FEBRUARY 15, 2022)

Mayor and Members of Council:

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

8.3.1

YORK REGION TRANSPORTATION MASTER PLAN UPDATE (13.4)

• 1. That the report dated January 24, 2022 entitled “York Region Transportation Master Plan Update” and the presentation by York Region staff be received; and,
  2. That York Region be requested to consider incorporating the following changes into the 2022 Transportation Master Plan Update:
     1. Extend the Leslie Street rapid transit corridor via Major Mackenzie Drive and Woodbine Avenue to the employment lands in the Markham Innovation Exchange (MiX) district;
     2. Road-rail grade separation on 16th Avenue, east of Highway 48 be subject to the recommendation of the Markham Road/Mount Joy Secondary Plan study;
     3. Confirm the Regional plan for the Highway 48 – Donald Cousens Parkway connection in the northeast quadrant of the Major Mackenzie Drive/Highway 48 intersection;
     4. Add the Denison GO Station;
     5. Confirm the Regional role and responsibility for infrastructure on Regional road boulevards, including sidewalks, multi-use paths, cycle tracks, and street-lighting, and prepare a York Region 10-year capital plan for the cycling network on Regional corridors that is aligned with the City’s Active Transportation Master Plan and implementation strategy;
     6. Jurisdictional transfer of local Markham roads to the Region, such as 19^th Avenue and Reesor Road, as they increasingly serve a Regional function; and,
  3. That comments in this staff report and additional input from Council be forwarded to York Region as the City’s formal comments on the draft York Region Transportation Master Plan; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4

REPORT NO. 8 - DEVELOPMENT SERVICES COMMITTEE (FEBRUARY 22, 2022)

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

8.4.1

TRANSFER PAYMENT AGREEMENT FOR THE STREAMLINE DEVELOPMENT APPROVAL FUND AND APPROVED PROJECTS FOR THE PROVINCIAL AUDIT AND ACCOUNTABILITY FUND INTAKE 3 (10.19)

• 1. That the report dated February 22, 2022 entitled “Transfer Payment Agreement for the Streamline Development Approval Fund and Approved Projects for the Provincial Audit and Accountability Fund Intake 3” be received; and,
  2. That the Mayor and Clerk be authorized to execute the Ontario Transfer Payment Agreement with Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing (the “Province”) for the Streamline Development Approval Fund, provided the agreement is in a form satisfactory to the Commissioner of Development Services and the City Solicitor; and,
  3. That Staff be directed to proceed with the following projects and resourcing requirements through the Streamline Development Approval Fund to a maximum total cost of up to $1,000,000 and procured in accordance with the Expenditure Control Policy:
     1. Conduct an end to end review of the development review process
     2. Acquire additional ePLAN workflow reviews as identified from the LEAN review
     3. Upgrade ePLAN development review and commenting software to version 9.2
     4. Implement ePLAN website improvements
     5. Acquire 3D modelling software and professional services to build modelling of selected secondary plan areas
     6. Acquire GIS software and professional services to build an interface for open data on development and building permit applications
     7. Upgrade AMANDA software to version 7, the database that stores development and building permit application data (project started in 2021 and qualifies for costs incurred between January 19, 2022 and February 28, 2023)
     8. Hire contract staff to assist with implementing the projects identified above; and,
  4. That new 2022 projects be established for each of the above initiatives, funded through the Streamline Development Approval Fund grant; 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 2022-10 to 2022-13 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2022-10 CULTURAL HERITAGE BY-LAW (BEWELL BUNGALOW)

A by-law to designate a property as being of Cultural Heritage Value or Interest - Bewell Bungalow.

(Item No. 8.4.1, Report 40, November 23, 2021 Council meeting)

13.2

BY-LAW 2022-11 WYKLAND ESTATES INC., PART LOT CONTROL BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 1 to 14, Registered Plan 65M-4660,  located at the north west quadrant of Cornell Centre Boulevard and Rustle Woods Avenue. 

13.3

BY-LAW 2022-12 MINOTAR HOLDINGS INC. AND HAL-VAN, EAST SIDE OF KENNEDY ROAD NORTH OF MAJOR MACKENZIE DRIVE, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 304-87, as amended and and By-law 177-96, as amended; to facilitate residential development consisting of single detached, semi-detached, townhouse dwellings, a mixed use block, parkland and open space. 

(Item No. 8.1.1, Report 5)

13.4

BY-LAW 2022-13 DIGRAM DEVELOPMENTS MARKHAM 2 INC., PART LOT CONTROL BY-LAW

A by-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Part of Block 78 on Registered Plan 65M-3834; designated as Part 1 Plan 65R-38711. 

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 - FEBRUARY 8, 2022 [Section 239 (2) (a) (b) (c) (e) (f)] (16.0)

14.1.2

APPOINTMENTS AND RESIGNATIONS TO BOARDS/COMMITTEES (UBIA) (16.24) [SECTION 239 (2)(b)]

14.1.3

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 [SECTION 239 (2) (i)]  AND 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 [SECTION 239 (2) (k) (10.5)

14.1.4

INFORMATION EXPLICITLY SUPPLIED IN CONFIDENCE TO THE MUNICIPALITY OR LOCAL BOARD BY CANADA, A PROVINCE OR TERRITORY OR A CROWN AGENCY OF ANY OF THEM [SECTION 239 (2) (h)]

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2022-14 be given three readings and enacted.

  Three Readings

  BY-LAW 2022-14 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 23, 2022.
  No attachment

16.

ADJOURNMENT