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

Meeting Number: 25

Wednesday, November 01, 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 - OCTOBER 18, 2023

• 1. That the Minutes of the Council Meeting held on October 18, 2023, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

LIQUOR LICENCE APPLICATION - GOLF IT UP 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.

6.2

ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - DIGRAM DEVELOPMENTS - HELEN INC. 55, 63, AND 83 HELEN AVENUE (WARD 3) (10.3)(10.5) 

Summary from the City Solicitor:

On June 9, 2023, the Ontario Land Tribunal (the “Tribunal”) approved and issued an order, with minor revisions made on June 29^th, regarding the settlement between Digram Developments Helen Inc. (the “Appellant”) and the City of Markham with respect to appeals by the Appellant from the City’s non-decisions regarding applications to amend the Official Plan (“OPA”), the Zoning By-law (“ZBL”), and the plan of subdivision (“Applications”), at 55, 63, and 83 Helen Avenue, located east of Kennedy Road and north of Highway 407 in the City (the “Subject Lands”).
The Applications proposed to redevelop the Subject Lands with a 10-storey residential building, an extension of Peshawar Avenue, and a park block. (the “Proposed Development”).
The Tribunal approved a settlement of the Proposed Development.  In its decision, the Tribunal allowed appeals of the Applications and ordered those planning instruments be assigned a number. The proposed OPA adds a new site specific permissions as Section 9.19.14 of the City’s Official Plan to permit the Proposed Development of a High Rise Residential building with a maximum height of 10-storeys and a maximum FSI of 3.3 on the Subject Lands. The ZBL deletes the Subject Lands from the designated area of By-law 304-87, as amended, and incorporates them into the designated area of By-law 177-96 and zones them to permit the Proposed Development. As the Tribunal has issued its final decision, the OPA and ZBL now require assignment of By-law numbers for administrative tracking purposes.

(By-Law 2023-151 and By-Law 2023-152 - as approved by OLT, for information only to facilitate the assignment of a by-law number.)

6.3

ONTARIO LAND TRIBUNAL (OLT) DECISION MADE - 3555 HIGHWAY 7 DEVELOPMENT LTD. C/O BRIVIA GROUP (WARD 8) (10.3)(10.5) 

Summary from the City Solicitor:

On October 25, 2023, the Ontario Land Tribunal (the “Tribunal”) approved and issued a final order, regarding the settlement between 3555 Highway 7 Development Ltd. (the “Appellant”) and the City of Markham with respect to appeals by the Appellant from the City’s non-decision regarding applications to amend the Official Plan (“OPA”) and the Zoning By-law (“ZBL”) (“Applications”), at 3555 Highway 7 East, located on the southwest corner of South Town Centre Boulevard and Highway 7 (the “Subject Lands”) in Markham Centre.

The Applications proposed to redevelop the Subject Lands with three tower elements set on two distinct four-storey podiums with tower heights of 45-storeys and two 38-storeys; total of up to 1250 residential units; a total Gross Floor Area of 110,431 square metres (m2) including a residential GFA of 101,394 m2, non-residential GFA of 9,037 m2; and a total density of Floor Space Index of 10.0 (the “Proposed Development”). 

The Tribunal approved a settlement of the Proposed Development and allowed appeals of the OPA and ZBL applications. The proposed OPA adds a new subsection and figure 33-1-15 to the City’s Markham Centre Secondary Plan PD 33-1 to permit the Proposed Development having a maximum height of 45 storeys and maximum density of 10.0 FSI. The ZBL amends the Markham Centre Zoning By-law 2004-196, as amended, and zones the Subject Lands to permit the height and density increases, and reduce the parking standards to facilitate the Proposed Development. As the Tribunal has issued its final decision, the OPA and ZBL now require assignment of by-law numbers for administrative tracking purposes.

(By-Law 2023-153 and By-Law 2023-154 - as approved by OLT, for information only to facilitate the assignment of a by-law number.)

7.

PROCLAMATIONS

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 37 GENERAL COMMITTEE (OCTOBER 24, 2023)

Please refer to your October 24, 2023 General Committee Agenda for reports.

Mayors and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 10):

8.1.1

SEWER USE BY-LAW UPDATE (5.5 & 2.0)

(By-law 2023-150)

• 1. That the report entitled “Sewer Use By-law Update”, dated October 24 2023, be received; and, 
  2. That the current Sewer Use By-law (No. 2014-71) be repealed and replaced with the amended Sewer Use By-law, as described in this report and in the form set out in Attachment “A”; and, 
  3. That Council receive the information that Markham participates in a collaborative Sewer Use Compliance Program with the Regional Municipality of York; and further, 
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

2024 TEMPORARY BORROWING BY-LAW (7.0)

(By-law 2023-147)

• 1. That the report titled “2024 Temporary Borrowing By-law” be received; and,
  2. That a by-law be brought forward for Council approval to authorize temporary borrowing, if required, of amounts not to exceed $222,357,599 from January 1, 2024 to September 30, 2024 and $111,178,800 from October 1, 2024 to December 31, 2024 to meet the expenditures of the municipality until taxes are collected and other revenues are received; and,
  3. That the Treasurer report to Council in advance of borrowing, if temporary borrowing is required; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

TAX WRITE-OFFS IN ACCORDANCE WITH SECTION 354 OF THE MUNICIPAL ACT, 2001 (7.3)

• 1. That the report entitled "Tax Write-offs in Accordance with Section 354 of the Municipal Act, 2001" be received; and,
  2. That the tax amounts for prior years totalling $784,555, as set out in this report, be written-off pursuant to Section 354 of the Municipal Act, 2001; and,
  3. That the City of Markham’s portion of the write-off of $183,327 be charged to Account 820-820-7040; and,
  4. That the Treasurer be directed to remove these amounts from the Collector’s Roll; and,
  5. That the associated interest be cancelled in proportion to the tax adjustments; and,
  6. That staff be authorized to and directed to do all things necessary to give effect to this resolutions.

8.1.4

2024 INTERIM TAX LEVY BY-LAW (7.3)

(By-law 2023-148)

• 1. That the report “2024 Interim Tax Levy By-law” be received; and,
  2. That Council authorize an interim tax levy for 2024; and,
  3. That the attached by-law be passed to authorize the 2024 interim tax levy; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.5

2024 INTERIM SPENDING AUTHORITY PENDING ADOPTION OF THE 2024 BUDGET (7.0)

• 1. That the report titled “2024 Interim Spending Authority Pending Adoption of the 2024 Budget”, be received; and,
  2. That Council provide the Treasurer authority to make payments necessary to support the City’s ongoing operations, up to a total of 50% of the City’s 2023 Primary Operating, Waterworks, Planning & Design, Building Standards, and Engineering budgets ($222,357,599); and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.6

2024 INTERIM SPENDING AUTHORITY PENDING APPROVAL OF UNIONVILLE AND MARKHAM VILLAGE BUSINESS IMPROVEMENT AREA BUDGETS (7.0)

• 1. That the report titled “2024 Interim Spending Authority Pending Adoption of the 2024 Unionville and Markham Village Business Improvement Area Budgets”, be received; and,
  2. That Council authorize spending for the Unionville BIA (UBIA) and the Markham Village BIA (MBIA) to support their ongoing operations, up to a total of 50% of the UBIA and MBIA 2023 Operating Budgets ($225,000 and $167,017, respectively); and further, 
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.7

MARKHAM PUBLIC LIBRARY MATERIAL AND PROCESSING SERVICES (7.12)

• 1. That the report entitled “Markham Public Library Material and Processing Services” be received; and,
  2. That the contract and Purchase Order (PB 23037 and GL account 076-6150-23203-005) in the amount of $1,128,197.66 (Inclusive of HST) with Library Services Centre (LSC) for 2023 Markham Public Library Material and Processing Services be cancelled; and,
  3. That the funds in the amount of $150,640.00 and $508,800.00 (Inclusive of HST) be re-allocated from PB 23037 and GL account 076-6150-23203-005 to the following two vendors for 2023 library material and processing services:
     1. Library Bound Inc. - $150,640.00 (DVD, BluRay, Videogames); and, 
     2. Whitehots Inc. - $508,800.00 (All print); and, 
  4. That the funds remaining in GL account 076-6150-23203-005 ($1,128,197.66 - $150,640.00 - $508,800.00 = $468,757.66) remain in the account for future digital collections and other collections and processing items in 2023/24; and,
  5. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11 Non Competitive Procurement, (b) where there is only one source of supply for the goods to be purchased and (g) where it is in the City’s best interest not to solicit a competitive Bid; and further, 
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.8

041-T-23 SUPPLY AND DELIVERY OF ONE (1) BUCKET TRUCK (7.12)

• 1. That the report entitled “041-T-23 Supply and Delivery of One (1) Bucket Truck” be received; and,
  2. That for contract for 041-T-23 supply and delivery of one (1) bucket truck:
     1. The contract be awarded to the lowest priced bidder, Allan Fyfe Equipment Ltd., in the total amount of $389,532.19, inclusive of HST; and,
     2. The award in the amount of $389,532.19 be funded from project #23020 Corporate Fleet Replacement – Non-Fire (account 057-6150-23020-005) with a 2023 budget available of $240,100.00; and,
     3. The budget shortfall in the amount of $149,432.19 ($389,532.19 - $240,100.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.9

EXTENSION OF PUBLIC SPACE WASTE RECYCLING RECEPTACLES SYSTEM AND ADVERTISING PROGRAM CONTRACT (5.1)

• 1. That the report entitled “Extension of Public Space Waste Recycling Receptacles System and Advertising Revenue Program” be received; and,
  2. That Council approve a five (5) year contract extension (2024-2028) with Bench Press Ltd., carrying on business as Creative Outdoor Advertising, and an option for the City to extend the contract for an additional period of five (5) years (2029-2033); and,
  3. That the Director of Environmental Services and Senior Manager of Procurement & Accounts Payable be authorized to extend the contract with Creative Outdoor Advertising for an additional period of five (5) years (2029-2033), subject to the satisfactory completion of the initial five (5) year contract term (2024-2028); and,
  4. That the Commissioner, Community Services be authorized to execute the contract(s) with Creative Outdoor Advertising for the five (5) year contract extension (2024-2028) and the additional five (5) year contract extension (2029-2033), as applicable, in a form satisfactory to the City Solicitor; and,
  5. That the expected incremental annual revenue from the contract(s) be included as part of the requested Waste & Environmental Management Operating Budget; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.10

2023 AUGUST YEAR-TO-DATE RESULTS OF OPERATIONS AND YEAR-END FORECAST (7.4)

• 1. That the report titled “2023 August Year-To-Date Results of Operations and Year-End Forecast” be received; and further,
  2. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 38 DEVELOPMENT SERVICES COMMITTEE (OCTOBER 31, 2023)

Please refer to your October 31, 2023 Development Services Committee Agenda for reports.

Mayors and Members of Council:

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

8.2.1

LEAN REVIEW OF THE DEVELOPMENT REVIEW PROCESS (10.0)

• 1. That the report dated October 31, 2023 titled “Lean Review of the Development Review Process” be received; and,
  2. That the deputations from Doug Denby and Louis Olivera at the October 31st Development Services Committee meeting be received; and,
  3. That the report titled “Lean Review of the Development Review Process” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and,
  4. That staff be directed to evaluate the findings of the study entitled “Lean Review of the Development Review Process” and report back to Development Services Committee on implementation; and further;
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

IMPLEMENTATION OF DEVELOPMENT REVIEW PROCESS TECHNOLOGY PROJECTS (10.0)

• 1. That the report and presentation dated October 31, 2023 titled “Implementation of Development Review Process Technology Projects” be received; and,
  2. That the deputation by Louis Olivera at the October 31st Development Services Committee meeting be received; and, 
  3. That the presentation dated October 31, 2023 titled "City of Markham 3D Modelling Project" be received; and,
  4. That the report titled “Implementation of Development Review Process Technology Projects” be forwarded to the Ministry of Municipal Affairs and Housing as per the terms of the Streamline Development Approval Fund; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

RECOMMENDATION REPORT, EASTSIDE CHEVROLET GMC BUICK LTD., APPLICATIONS FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT TO PERMIT A 35-STOREY MIXED USE DEVELOPMENT CONSISTING OF 618 RESIDENTIAL UNITS

AND 2,820 M² (30,354 FT²) OF MOTOR VEHICLE SALES, RETAIL, AND OFFICE USES AT 8435 WOODBINE AVENUE (WARD 8) FILE NO. PLAN 23 114260 (10.3, 10.5)

• 1. That the October 31, 2023, report titled, “RECOMMENDATION REPORT, Eastside Chevrolet GMC Buick Ltd., Applications for Official Plan and Zoning By-law Amendment to permit a 35-storey mixed use development consisting of 618 residential units and 2,820 m2 (30,354 ft2) of motor vehicle sales, retail, and office uses at 8435 Woodbine Avenue (Ward 8), File PLAN 23 114260”, be received; and,
  2. That the Applications for Official Plan and Zoning By-law Amendment, submitted by Eastside Chevrolet GMC Buick Ltd., under File PLAN 114260, to amend the City of Markham Official Plan and Zoning By-law 165-80, as amended, be refused without further notice; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.4

RECOMMENDATION REPORT, ROGERS COMMUNICATIONS, 9249 KENNEDY ROAD, SITE PLAN APPROVAL APPLICATION TO FACILITATE A 14.9 M TELECOMMUNICATION TOWER (WARD 3) FILE NO. SPC 20 131031 (10.6)

• 1. That the report dated October 31, 2023, titled “RECOMMENDATION REPORT, Rogers Communications, 9249 Kennedy Road, Site Plan Approval Application to facilitate a 14.9 m telecommunication tower (Ward 3), File No. SPC 20 131031”, be received; and,
  2. That the Site Plan Approval application be approved, subject to conditions identified in Appendix “A” of this report; and,
  3. That the Site Plan Approval shall lapse after a period of three years commencing October 31, 2023, should the Proposed Development not proceed in a timely manner; and,
  4. That Innovation, Science and Economic Development Canada (“ISED Canada”) (formerly known as Industry Canada) be advised in writing, of this approval (concurrence), and that this approval is with respect to this location only; 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 2023-147 to 2023-150, and By-law 2023-155 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-147, BEING A BY-LAW TO AUTHORIZE THE TEMPORARY BORROWING OF AN AMOUNT NOT TO EXCEED $222,357,599 FROM JANUARY 1 TO SEPTEMBER 30, 2024 AND $111,178,800 FROM OCTOBER 1 TO DECEMBER 31, 2024 TO MEET THE CURRENT 

EXPENDITURES OF THE CORPORATION FOR THE YEAR, UNTIL TAXES ARE COLLECTED AND OTHER REVENUES RECEIVED
Being a by-law to authorize the temporary borrowing of an amount not to exceed $222,357,599 from January 1 to September 30, 2024 and $111,178,800 from October 1 to December 31, 2024 to meet the current expenditures of the corporation for the year, until taxes are collected and other revenues received.
(Item 8.1.2)

13.2

BY-LAW 2023-148,  BEING A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY IN 2024

Being a By-Law to Provide for an Interim Tax Levy in 2024.
(Item 8.1.4)

13.3

BY-LAW 2023-149, A BY-LAW TO DEEM CERTAIN LANDS NOT TO BE A REGISTERED PLAN OF SUBDIVISION FOR THE PURPOSES OF SUBECTION 50(3) OF THE PLANNING ACT

A by-law to deem certain lands not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act; LOTS 15, 16, 17, 18 and 19, on Registered Plan 65M-2813, City of Markham, Regional Municipality of York.

13.4

BY-LAW 2023-150, A BY-LAW TO REGULATE THE INSTALLATION AND CONNECTION OF PRIVATE SEWERS TO SEWAGE WORKS, AND THE DISCHARGE OF SEWAGE, STORM WATER AND LAND DRAINAGE WITHIN THE SERVICED AREA OF THE CORPORATION OF THE CITY OF MARKHAM (“SEWER USE BY-LAW”)

A By-law to regulate the installation and connection of private sewers to sewage works, and the discharge of sewage, storm water and land drainage within the serviced area of The Corporation of the City of Markham (“Sewer Use By-law”)
(Item 8.1.1)

13.5

BY-LAW 2023-151, DIGRAM DEVELOPMENTS - HELEN INC. 55, 63, AND 83 HELEN AVENUE - OFFICIAL PLAN AMENDMENT NO. 48 (WARD 3) (10.3)(10.5) 

Being a By-Law to adopt Amendment No. 48 to the City of Markham Official Plan 2014, as amended.
By-law 2023-151 as approved by OLT, for information only to facilitate the assignment of a by-law number.

(Item 6.2)

13.6

BY-LAW 2023-152, A BY-LAW TO AMEND BY-LAW 304-87, AS AMENDED AND TO AMEND BY-LAW 177-96, AS AMENDED (WARD 3) (10.3)(10.5)

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.
By-law 2023-152 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.2)

13.7

BY-LAW 2023-153, DEVELOPMENT LTD. C/O BRIVIA GROUP - 3555 HIGHWAY 7  - OFFICIAL PLAN AMENDMENT NO. 282 (WARD 8) (10.3)(10.5) 

A By-Law to adopt Amendment No. 282 to the City of Markham Official Plan (Revised 1987), as amended, and to incorporate Amendment No. 15 to the Markham Centre Secondary Plan (PD 33-1), as amended, for the Central Area Planning District (Planning District No. 33).
By-law 2023-153 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

13.8

BY-LAW 2023-154, A BY-LAW TO AMEND THE MARKHAM CENTRE ZONING BY-LAW 2004-196, AS AMENDED BY BY-LAWS 2005-197 AND 2012-28, AS AMENDED (WARD 8)(10.5)

The proposed by-law amendment applies to a parcel of land with an approximate area of 1.1 hectares (2.72 acres), which is located on the southwest corner of Highway 7 East and South Town Centre Boulevard, and municipally known as 3505 and 3555 Highway (the “Subject Lands”). 3505 and 3555 Highway 7 E.  The Subject Lands are currently zoned as “Markham Centre Downtown One *17 (Hold) - MC-D1*17(H1)(H10)” under By-law 2004-196, as amended. The purpose of this By-law is to amend By-law 2004-196, as amended, to rezone the Subject Lands from Markham Centre Downtown One to Markham Centre Downtown Two.
By-law 2023-154 as approved by OLT, for information only to facilitate the assignment of a by-law number.
(Item 6.3)

13.9

BY-LAW 2023-155, A BY-LAW TO AMEND BY-LAW 122-72, AS AMENDED AND TO AMEND BY-LAW 177-96, AS AMENDED - 162-186 MAIN STREET UNIONVILLE MARKHAM, ONTARIO (WARD 3)

The proposed by-law amendment applies to a parcel of land with an approximate area of 0.62 hectares (1.53 acres), which is located 162-186 Main Street Unionville, Markham, ON.  The subject lands are zoned Mixed Use Heritage Main Street (HMS) Zone under By-law 122-72, as amended. The purpose and effect of this By-law is to rezone the subject lands under By-law 177-96, as amended from mixed use Heritage Main Street (HMS) Zone (By-law 122-72) to Community Amenity Area 2 (CA2*732) Zone (By-law 177-96) in order to permit mixed use development of the lands.

14.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-146 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-146, A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF NOVEMBER 1, 2023
  No attachment

15.

CONFIDENTIAL ITEMS

15.1

COUNCIL

15.1.1

CONFIDENTIAL COUNCIL MINUTES - OCTOBER 18, 2023

15.1.2

APPOINTMENTS TO BOARDS/ COMMITTEES (16.24)

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

15.2

DEVELOPMENT SERVICES COMMITTEE - OCTOBER 31, 2023

15.2.1

REQUEST FOR DIRECTION, ONTARIO LAND TRIBUNAL APPEAL BY 1107656 ONTARIO INC. (TIMES GROUP), OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS (WARD 8) (10.3, 10.5)

(LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD.) [MUNICIPAL ACT, 2001, Section 239 (2) (e)]

16.

ADJOURNMENT