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

Meeting Number: 16

Wednesday, May 17, 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 - MAY 3, 2023

• 1. That the Minutes of the Council Meeting held on May 3, 2023, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

6.

COMMUNICATIONS

6.1

11-2023 LIQUOR LICENCE APPLICATION - POSEIDON 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

• 1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. King Charles III Coronation Day, May 6, 2023
  2. That the following new request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received and added to the Five-Year List of Request to Raise Flag approved by Council:
     1. Vietnam's National Day, August 31, 2023 to September 2, 2023

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 19 DEVELOPMENT SERVICES COMMITTEE PUBLIC MEETING (APRIL 25, 2023)

Mayors and Members of Council: 

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

8.1.1

PUBLIC MEETING INFORMATION REPORT, GEN QUAN C/O LEI ZHANG, ARCHIZONING DESIGN INC., APPLICATION FOR ZONING BY-LAW AMENDMENT TO PERMIT FUTURE SEVERANCE AND CREATION OF ONE NEW RESIDENTIAL LOT FACILITATING THE

DEMOLITION OF THE EXISTING DWELLING AND ITS REPLACEMENT BY TWO NEW SINGLE DETACHED DWELLINGS AT 25 SPRINGDALE AVENUE (WARD 4) PLAN 22 257558 (10.5)

A. Todorovski, ext. 2944

• 1. That the deputation by Garth Juul regarding, Zoning By-law Amendment application, Gen Quan Lin c/o Lei Zhang, Archizoning Design Inc., File No. PLAN 22 257558”, be received; and,
  2. That the Development Services Commission report dated April 14, 2023 titled “Public Meeting Information Report, Zoning By-law Amendment application, Gen Quan Lin c/o Lei Zhang, Archizoning Design Inc., File No. PLAN 22 257558”, be received; and,
  3. That the record of the Public Meeting held on April 25, 2023, with respect to the proposed Zoning By-law Amendment application for 25 Springdale Avenue, by Gen Quan Lin c/o Lei Zhang, Archizoning Design Inc., File No. PLAN 22 257588, be received; and,
  4. That the Zoning By-law Amendment application (File No. PLAN 22 257588) by Gen Quan Lin c/o Lei Zhang, Archizoning Design Inc., to amend Zoning By-law 153-80, as amended, and rezone the subject lands from Residential Development (RD) Zone to Fourth Density Single Family Residential (R4) Zone, be approved; and,
  5. That the Applicant continue to work with staff on the design of the houses to ensure that each house has a unique design; and,
  6. That the proposed amendment to Zoning By-law 153-80, as amended, be enacted without further notice at a future Council meeting, and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 20 GENERAL COMMITTEE (MAY 9, 2023)

Mayors and Members of Council:

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

8.2.1

2023 FIRST QUARTER INVESTMENT PERFORMANCE REVIEW (7.0)

M. Visser, ext. 4260

• 1. That the report dated May 9, 2023 entitled “2023 First Quarter Investment Performance Review” be received.

8.2.2

032-T-08 SIDEWALK WINTER MAINTENANCE CONTRACT EXTENSION (5.0)

A. Lam, ext. 4857 / M. Lee, ext. 2239

• 1. That the report entitled “032-T-08 Sidewalk Winter Maintenance Contract Extension” be received; and,
  2. That the following sidewalk winter maintenance contracts be extended for an additional three (3) winter seasons (December 1, 2023 – March 31, 2026) to De Ferrari Construction Ltd ($1,755,106.00) and VTA Construction Limited ($1,684,901.00) in the estimated annual value of $3,440,007.00 subject to a maximum annual price adjustment that is to be capped based on the percentage change in the posted All-Items CPI (Consumer Price Index) for Ontario; and,
  3. That the Director of Operations and the Senior Manager of Procurement & Accounts Payable be authorized to extend the contract for two (2) additional, separate winter seasons (December 1, 2026 to March 31, 2028) subject to a maximum annual price adjustment that is to be capped based on the percentage change in the posted All-Items CPI (Consumer Price Index) for Ontario; and,
  4. That the tendering process be waived in accordance with Procurement By-Law 2017-8, Part II, Section 11. Non-Competitive Procurement, items 11.1 (c) and (g), which state:
             (c) when the extension of an existing Contract would prove more cost-effective or beneficial; and,
             (g) Where it is in the City’s best interest not to solicit a competitive bid; and,
  5. That the 2024-2028 operating budgets and purchase orders be adjusted for growth (increase in kilometres of roadway) and a price adjustment based on the Consumer Price Index (CPI) for All-Items Ontario for the twelve (12) month period ending March 31 in the applicable year, subject to Council approval; and,
  6. That the 2024 operating budget be increased for the 2024 financial impact of CPI in the estimated amount of $372,037 subject to future growth requirements and Council approval; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 21 DEVELOPMENT SERVICES COMMITTEE (MAY 16, 2023)

Mayors and Members of Council: 

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

8.3.1

RECOMMENDATION REPORT – REQUEST FOR APPROVAL OF STREET NAMES FOR SITE PLAN APPLICATION – GREEN CITY DEVELOPMENT GROUP INC. AT SOUTH-WEST CORNER OF WOODBINE AVENUE AND RUSSELL DAWSON ROAD (10.14)

R. Tadmore, ext. 6810

• 1. That Development Services Committee approve the proposed street names “Green City Circle” and “Kensington Lane” for a site plan located at the south-west corner of Woodbine Avenue and Russell Dawson Road; and,
  2. That Staff be directed to add the street names listed above to the City’s Street and Park Name Reserve List.

8.3.2

MEMORANDUM OF UNDERSTANDING WITH THE TORONTO AND REGION CONSERVATION AUTHORITY REGARDING MUNICIPALLY REQUESTED PROGRAMS AND SERVICES (10.0, 13.13.2)

P. Wong, ext. 6922

• 1. That the report entitled “Memorandum of Understanding with the Toronto and Region Conservation Authority regarding municipally requested programs and services” dated May 16, 2023 be received; and,
  2. That staff be authorized to negotiate the Memorandum of Understanding with the Toronto and Region Conservation Authority (TRCA), and that the Chief Administrative Officer be authorized to execute the Memorandum of Understanding on terms satisfactory to the City Solicitor in consultation with the Commissioner of Development Services; and,
  3. That staff be authorized to negotiate an update to the existing plan review agreement with the TRCA as per the changes identified in Appendix ‘A’ and that the Chief Administrative Officer be authorized to execute the plan review agreement on terms satisfactory to the City Solicitor in consultation with the Commissioner of Development Services; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.3

SIDEWALK NETWORK COMPLETION PROGRAM STATUS (CITY-WIDE) (5.10)

H. Lo, ext. 4030 / L. Lai, ext. 2526 / L. Cheah, ext. 4838

• 1. That the report entitled “Sidewalk Network Completion Program Status (City-Wide)” be received; and,
  2. That the deputations from Mike Creta, Nicolas To, Tom Gunovski, and Doug Denby, made to Development Services Committee on May 16, 2023, be received; and,
  3. That the communication submitted by John Zhang and Susan Xu providing comments received on May 8, 2023, regarding the above subject matter be received; and,
  4. That the petition submitted by residents of Lee Avenue be received; and,
  5. That Council endorse the revised Sidewalk Network Completion Program as described in this report and Attachment ‘A’, with its implementation subject to the annual budget request and approval process; and,
  6. That staff provide an annual update on the status of the Sidewalk Network Completion Program including any adjustments made to the program; and,
  7. That all requests for major changes to the Sidewalk Network Completion Program, as defined in the report, be subject to Council approval; and,
  8. That an average annual incremental amount of $69,040 for sidewalk maintenance be added to the operating budget, subject to Council approval through the annual budget approval process; and further,
  9. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3.4

OPEN STREET PROGRAM UPDATE (CITY-WIDE) (5.12)

D. Porretta, ext. 2040 / F. Ho, ext. 2160 / L. Cheah, ext. 4838

• 1. That the staff report titled “Open Street Program Update (City-wide)” be received; and,
  2. That the Open Street Program be re-imagined as a special City event beginning in 2024; and further,
  3. 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

MEMORANDUM - LIFETIME PANDA MRKM LP (LIFETIME DEVELOPMENTS) APPLICATIONS FOR OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT, AND DRAFT PLAN OF SUBDIVISION TO PERMIT A HIGH RISE RESIDENTIAL MIXED-USE DEVELOPMENT AT THE SOUTHWEST CORNER OF

WARDEN AVENUE AND CEDARLAND DRIVE, MARKHAM CENTRE (WARD 8) FILE NO. PLAN 20 123292.

S. Corr, ext. 2532 / S. Lue, ext. 2530

• 1. That the May 17, 2023, Memorandum titled, “Lifetime Panda MRKM LP (Lifetime Developments), Applications for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a high rise residential mixed-use development at the southwest corner of Warden Avenue and Cedarland Drive, Markham Centre (Ward 8), File No. PLAN 20 123292”, be received; and,
  2. That the City Solicitor be authorized to execute a Section 37 Community Benefit Charge Agreement with the Owner; and further,
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

  (By-law 2023-85 and 2023-86)

   

11.2

MEMORANDUM - 2023-2024 USER FEE BY-LAW

M. Creighton, ext. 7515 / C. Rickett, ext. 4871 / A. Lam, ext. 4857

• 1. That the memorandum entitled Amendment to Annual User Fees & Service Charges – Recreation, Culture and Operations be received.

  (By-Law 2023-88)

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-law 2023-84 to 2023-88 be given three readings and enacted.  

Three Readings

13.1

BY-LAW 2023-84, A BY-LAW TO DESIGNATE PART OF A CERTAIN PLAN OF SUBDIVISION NOT SUBJECT TO PART LOT CONTROL

A By-law to designate part of a certain plan of subdivision not subject to Part Lot Control, Blocks 167, 168, 171 and 172 on Registered Plan 65M-4693 located on the west side of Kennedy Road, north of 16th Avenue.

13.2

BY-LAW 2023-85, A BY-LAW TO AMEND BY-LAW 165-80, AS AMENDED AND TO AMEND BY-LAW 2004-196, AS AMENDED

A By-law to amend By-law 165-80, as amended to delete lands from the designated area of By-law 165-80 and to amend By-law 2004-196, as amended to incorporate lands into the designated area of By-law 2004-196.

13.3

BY-LAW 2023-86, LIFETIME DEVELOPMENTS, WARDEN AVENUE AND CEDARLAND DRIVE, MARKHAM CENTRE (WARD 8) OFFICIAL PLAN AMENDMENT

A By-Law to adopt an Official Plan Amendment (Revised 1987), as amended to incorporate site specific height and density provisions to accommodate the proposed development as shown in Schedules “A” and “B”.

13.4

BY-LAW 2023-87, A BY-LAW TO AMEND THE COMPOSITION OF THE BOARD OF MANAGEMENT FOR THE UNIONVILLE BUSINESS IMPROVEMENT AREA

A By-law to amend the composition of the Board of Management for the Unionville Business Improvement Area.

13.5

BY-LAW 2023-88, A BY-LAW TO AMEND BY-LAW 2002-276 BEING A BY-LAW TO IMPOSE FEES OR CHARGES FOR SERVICES OR ACTIVITIES PROVIDED OR DONE BY THE CITY OF MARKHAM

14.

CONFIDENTIAL ITEMS

That, in accordance with Section 239 (2) of the Municipal Act, 2001, Council resolve into a private session to discuss the following confidential matters.

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL MINUTES - MAY 3, 2023 [MUNICIPAL ACT, 2001, Section 239 (2) (b)]

14.1.2

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR BOARD EMPLOYEES (BOARD/ COMMITTEE APPOINTMENTS) (16.24) [MUNICIPAL ACT, 2001, Section 239 (2) (b)] 

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-83 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-83 - A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF MAY 17, 2023.

  No attachment

16.

ADJOURNMENT