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

Meeting Number: 28

Wednesday, December 13, 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 29, 2023

• 1. That the Minutes of the Council Meeting held on November 29, 2023, be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATION - 2024 DEVELOPMENT FEE, BUILDING, AND CITY-WIDE FEE BY-LAWS (10.0)

The following will address Council on this matter:

1. Paul DeMelo, Kagan Shastri DeMelo Winer Park LLP.
   (Item 8.1.1)

• 1. That the deputation from Paul DeMelo regarding Item 8.1.1: 2024 Development Fee, Building, and City-Wide Fee By-Laws be received.
• (See Item 8.1.1 for Council’s decision on this matter)

5.2

DEPUTATION - RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE V (16.11)

The following will address Council on this matter:

1. Justin McWatters, Homeowner.
   (Item 8.5.3)

6.

COMMUNICATIONS

6.1

MEMORANDUM - UPDATED TREE PRESERVATION BY-LAW

Memorandum dated December 13, 2023, from Alice Lam, Director of Operations and Richard Fournier, Senior Manager of Parks and Open Space Planning regarding the updated Tree Preservation By-law with the amendments to the Road Occupancy By-law and the Administrative Monetary Penalty By-law.
(By-law 2023-164, By-law 2023-165, and By-law 2023-166)

• 1. That the Memorandum titled “Updated Tree Preservation By-law” be received.
• (By-law 2023-164)

6.2

MEMORANDUM - 2024 DEVELOPMENT FEE, BUILDING, AND CITY-WIDE FEE BY-LAWS (10.0)

• 1. That the memorandum titled “2024 Development Fee and City-wide Fee By-laws”, be received; and,
  2. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘B’, be enacted; and,
  3. That the amendment to By-law 2002-276, as amended "A by-law to impose fees or charges for services or activities provided or done by the City of Markham" substantially in the form attached as Appendix ‘C’, be enacted’, and,
  4. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘D’, be enacted; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

   

• (See Item 8.1.1 for Council’s decision on this matter)

6.3

COMMUNICATIONS - REIMAGINE THE STOUFFVILLE GO TRANSIT CORRIDOR LINE (10.0)

That the following communications providing comments regarding "Reimagine the Stouffville GO Transit Corridor" be received for information purposes:

1. Elizabeth Tan
2. Sally Feng (Resident of Markville Community)
3. Steven Zhuo

(Item 8.5.7)

• 1. That the following communications providing comments regarding "Reimagine the Stouffville GO Transit Corridor" be received for information purposes:

  • Elizabeth Tan
  • Sally Feng (Resident of Markville Community)
  • Steven Zhuo

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. KAWASAKI DISEASE AWARENESS DAY, JANUARY 26, 2024. (Item 5.1)
     2. WORLD THINKING DAY, FEBRUARY 22, 2024
  2. That the following new request for proclamation be approved and added to the Five-Year Proclamations List approved by Council:
     1. DATA PRIVACY DAY, JANUARY 28, 2024.

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 44 SPECIAL DEVELOPMENT SERVICES COMMITTEE (DECEMBER 4, 2023)

Please refer to your December 4, 2023 Special Development Services Committee Agenda for reports.

Mayors and Members of Council:

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

8.1.1

2024 DEVELOPMENT FEE, BUILDING, AND CITY-WIDE FEE BY-LAWS (10.0)

(Item 5.2 and By-law 2023-177)

NOTE: The following recommendation from the Special Development Services Committee meeting on December 4, 2023, was referred directly to Council:  

•  

  1. That the Report titled “2024 Development Fee, Building, and City-Wide Fee By-laws” dated December 4, 2023 be received; and,
  2. That the communication submitted by Kagan Shastri LLP on behalf of BILD received on December 1, 2023, be received; and,
  3. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘B’, be enacted; and,
  4. That the amendment to By-law 2002-276, as amended "A by-law to impose fees or charges for services or activities provided or done by the City of Markham" substantially in the form attached as Appendix ‘C’, be enacted; and,
  5. That the amendment to By-law 211-83, as amended, “Tariff of Fees for the Processing of Planning Applications,” substantially in the form attached as Appendix ‘D’, be enacted; and,
  6. That the proposed amendments to the Building By-law be referred to the Development Services Committee Public Meeting to be held on December 5, 2023; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.
• (See following motion to defer)

• That the matter of Item 8.1.1 RE:  2024 Development Fee, Building, and City-Wide Fee By-Laws be deferred and the 50% reduction in fees be reinstated.

8.1.2

MARKHAM ECONOMIC DEVELOPMENT AND CULTURE STRATEGY – 2023 TO 2027 (10.16)

• 1. That the report entitled “Markham Economic Development and Culture Strategy – 2023 to 2027”  and appendices be received; and,
  2. That the deputations from Avinash Persaud, Shruti Ganapathy, Chris Dudley, Jennifer MacLean, Iain Dobson, Doug Denby, and Chris Collucci at the December 4th Special Development Services Committee meeting be received; and, 
  3. That the Markham Economic Development and Culture Strategy – 2023 to 2027 be approved; and further,
  4. That City staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 45 GENERAL COMMITTEE (DECEMBER 5, 2023)

Please refer to your December 5, 2023 General Committee Agenda for reports.

Mayors and Members of Council:

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

8.2.1

SUPPLY AND DELIVERY OF SELF-CONTAINED BREATHING APPARATUS, FACE PIECE AND BREATHING VALVES (7.12)

• 1. That the report entitled “Contract 259-S-23 Supply & Delivery of Self-Contained Breathing Apparatus, Face Piece and Breathing Valves” be received; and,
  2. That the contract for 100 Interspiro S9 Incurve Self-Contained Breathing Apparatus and 272 of the associated Face Pieces and Breathing Valves be awarded to Canadian Safety Equipment Inc. in the amount of $922,221.94 inclusive of HST; and,
  3. That the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (e), Non-Competitive Procurement, whereby “the City is acquiring specialized equipment, such as firefighting equipment, in which case the sources of supply may be identified based on technical specifications prepared by the User Department staff"; and,
  4. That the funds for the award be provided from account 067-6150-23126-005 “Self- Contained Breathing Apparatus (SCBA) Replacement”, which has an available budget of $950,000.00; and,
  5. That the remaining balance of $27,778.06 ($950,000.00 - $922,221.94) in account 067-6150-23126-005 “Self-Contained Breathing Apparatus (SCBA) Replacement” be returned to the original funding source; and further, 
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.2

KYLEMORE COMMUNITIES – SPONSORSHIP FOR THE ANGUS GLEN COMMUNITY CENTRE WEST ARENA AND CONCESSION STAND NAMING RIGHTS (7.0)

• 1. That the report titled "Kylemore Communities – Sponsorship for the Angus Glen Community Centre West Arena and Naming Rights to the Concession Stand" be received; and,
  2. That the City of Markham enter into an interior naming rights agreement with Kylemore Communities to extend the current agreement for promotional rights to the Angus Glen West Arena through sponsorship and to re-name the upper level Concession Stand to the Kylemore Lounge within the Angus Glen Community Centre. The new name to be branded and utilized in all promotional, administrative and legal functions, operations and communications associated with each space; and,
  3. That a naming rights term of 3 years, comprised of: a one-time Concession Stand Renovation Fee of $25,000 in Year 1 and an annual naming rights fee of $12,000 in Years 2 and 3 for the Kylemore Lounge be approved; and,
  4. That an annual fee of $25,000 for the West Arena sponsorship, be approved; and,
  5. That the remaining interior rights terms as outlined in the report be approved; and,
  6. That the Mayor and Clerk be authorized to execute a sponsorship and interior naming rights agreement (“Sponsorship and Naming Rights Agreement”) with Kylemore Communities, in accordance with the terms set out in the report, and in a form satisfactory to the CAO and City Solicitor; and,
  7. That the 2023 renovation funds from the one-time Renovation Fee be deposited into account 795 796 4272 (Program Expense – Facility Ad Expense); and,
  8. That the proceeds from the Naming Rights for the payment terms in 2023, 2024 and 2025 be deposited into account 890 890 9254 (General Sponsorship); and further,
  9. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

Q3 2023 STATUS OF CAPITAL AS OF SEPTEMBER 30, 2023 (7.5)

• 1. That the report dated December 5, 2023 titled “Status of Capital Projects as of September 30, 2023" 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 associated with these projects in the amount of $2,530,594 be transferred to the original sources of funding as identified in Exhibit B; and,
  3. That the Projects Not/Partially Initiated, as identified in Exhibit C, be approved for closure and funds associated with these projects in the amount of $276,500 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 $894,417 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 $24,434 to the approved amount of $100,000; and,
  6. That the Waterworks Capital Contingency Project be topped up from the Waterworks Stabilization/Capital Reserve by $20,738 to the approved amount of $100,000; and,
  7. That the following new capital projects, initiated subsequent to the approval of the 2023 capital budget but prior to the 2023 in-year capital additions approved by Council in November 2023, be received:
     1. 1. Project 23304 – Markham Village Arena Dressing Room Floor Replacement – Budget of $19,877 to be funded from the Non-DC Capital Contingency;
        2. Project 23306 – Aaniin C.C. Corridor and Stairwell Ventilation – Budget of $26,838 to be funded from the Non-DC Capital Contingency;
        3. Project 23307 – Aaniin C.C. Pool Lighting Replacement – Budget of $18,035 to be funded from the Non-DC Capital Contingency;
        4. Project 23310 – Centennial C.C. Gym Flooring Replacement – Budget of $30,100 to be funded from the Non-DC Capital Contingency; and further, 
  8. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

SUPPLY& DELIVERY OF ONE (1) PUMPER RESCUE APPARATUS AND ONE (1) 32M AERIAL LADDER APPARATUS FOR FIRE & EMERGENCY SERVICES (7.0)

• 1. That the report entitled “Contract 297-S-23 - Supply and Delivery of One (1) Pumper Rescue Apparatus and One (1) 32m Aerial Ladder Apparatus for Fire & Emergency Services” be received; and,
  2. That the contract for Contract 297-S-23 - Supply and Delivery of One (1) Pumper Rescue Apparatus and One (1) 32m Aerial Ladder Apparatus for Fire & Emergency Services be awarded to Safetek Emergency Vehicles (“Safetek”) in the amount of $3,701,391.76 inclusive of HST; and,       
  3. That  the tendering process be waived in accordance with Purchasing By-Law 2017-8, Part II, Section 11.1 (e), Non-Competitive Procurement, whereby “the City is acquiring specialized… equipment, such as firefighting equipment…, in which case the sources of supply may be identified based on technical specifications prepared by the User Department,”; and,
  4. That the award be funded from project #23230 Corporate Fleet Replacement-Fire (account 057-6150-23230-005) with available budget of $2,968,700.00; and,
  5. That the budget shortfall of $732,691.76 ($3,701,391.76 - $2,968,700.00) be funded from the Life Cycle Replacement and Capital Reserve Fund; and,
  6. That any potential future price increase to the award amount under recommendation # 2 due to long delivery times be approved as per the Expenditure Control and Capital Budget Control policies; and further;
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.5

APPOINTMENT OF MEMBERS TO THE MAYOR’S BLACK YOUTH LIAISON (MBYL) COMMITTEE FOR THE PERIOD OF JANUARY 1, 2024 - SEPTEMBER 30, 2024 (16.24)

• 1. That the report titled "Appointment of Members to the Mayor’s Black Youth Liaison Committee for the period of January 1, 2024 to September 30, 2024" be received; and,
  2. That the following Appointments of Members to the Mayor’s Black Youth Liaison Committee be confirmed for the term January 1, 2024 to September 30, 2024; and further,
     • Name, School,  Grade,  Ward
       • Aliya Arnette, Pierre Elliot Trudeau High School, Grade 11, Ward 2
       • Malak Elhag, Pierre Elliot Trudeau High School, Grade 11, Ward 2
       • Stephanie Ikharia, Markville Secondary School,  Grade 10, Ward 3
       • Trinity Baxter, Markham District High School,  Grade 11, Ward 4
       • Laila Rutherford, Bill Hogarth Secondary School,  Grade 11, Ward 5
       • Merveille Uwase, Bill Hogarth Secondary School,  Grade 12, Ward 5
       • Noam Girma, Bill Hogarth Secondary School,  Grade 12, Ward 5
       • Ophrah Ehiogu, St. Brother André Catholic High School,  Grade 12, Ward 5
  3. That Staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.2.6

ASSET MANAGEMENT UPDATE 2023 (7.0)

• 1. That the report and presentation titled “Corporate Asset Management Progress Update and Procurement of Professional Services” be received; and,
  2. That staff be authorized to award a contract for the Corporate Asset Management Strategy & Governance Framework, in the amount of $158,954.72 (inclusive of HST and 10% contingency) and the 2024 Asset Management Plan in the amount of $238,546.81 (inclusive of HST and 10% contingency) to GM BluePlan Engineering Limited; and,
  3. That the total award amount of $397,501.53 ($158,954.72 + $238,546.81) be funded from Capital Project # 22090, 2022 Corporate Asset Management Plan and Capital Project # 23146, 2023 Corporate Asset Management Plan, with an available budget of $415,200.00; and,
  4. That the remaining budget in the amount of $17,698.47 ($415,200.00 - $397,501.53) be retained in the project budget until completion; and,
  5. That the tendering process be waived in accordance with Purchasing By-Law 2017-08, Part II, Section 7 Non Competitive Procurement, item 1 (h) which states “Where it is necessary or in the best interests of the City to acquire non-standard items or Consulting and Professional Services from a preferred supplier or from a supplier who has a proven track record with the City in terms of pricing, quality and service.”; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.3

REPORT NO. 46 DEVELOPMENT SERVICES PUBLIC MEETING (DECEMBER 5, 2023)

Please refer to your December 5, 2023, Development Services Public Meeting Agenda for reports.

Mayors and Members of Council:

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

8.3.1

2024 BUILDING BY-LAW (10.13)

(By-law 2023-177, By-Law 2023-182, 20230-183 and 2023-184)

• 1. That the Record of the Public Meeting held on December 5, 2023, with respect to the proposed amendment to the Building By-law be received; and,
  2. That By-law 2023-18 as amended be repealed and the attached “By-law respecting Construction, Demolition, Change of Use Permits and Inspections,” attached as Appendix ‘A’, be enacted; and,
  3. That the By-law come into force and take effect on January 1, 2024; and further,
  4. That Staff be authorized and directed to do all thing necessary to give effect to this resolution.

8.4

REPORT NO. 47 DEVELOPMENT SERVICES COMMITTEE (DECEMBER 11, 2023)

Please refer to your December 11, 2023, Development Services Committee Agenda for reports.

Mayors and Members of Council:

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

8.4.1

ELGIN MILLS ROAD, SCHEDULE C MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT (EA) STUDY (WARDS 2, 5 AND 6) (10.0)

• 1. That the report entitled “Elgin Mills Road, Schedule C Municipal Class Environmental Assessment (EA) Study (Wards 2, 5 and 6)”, be received; and,
  2. That the preferred alignment and design concept of Elgin Mills Road from Woodbine Avenue to McCowan Road, as set out in the Environmental Study Report (ESR), be endorsed; and,
  3. That City staff be authorized to issue a Notice of Study Completion and file the Schedule C Municipal Class EA Study for Elgin Mills Road with the Ministry of the Environment, Conservation and Parks (MECP); and,
  4. That as per the feedback received at the Development Services Committee on November 14, 2023, City staff undertake further evaluation of the Active Transportation during the detailed design stage and endeavor to accommodate separated cycling and pedestrian facilities where possible along Elgin Mills Road; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.2

COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM - 2023 (10.0)

• 1. That the Staff report, dated December 11, 2023, titled, “Commercial Façade Improvement Grant Program - 2023”, be received; and,
  2. That Council supports the following financial assistance for four project requests, representing $25,173.61 in grant assistance:
     1. The proposed replacement of one modern window, and the re-conditioning of two historic wooden windows at 819 Bur Oak Avenue, subject to the applicant obtaining a Heritage Permit for the proposed work (up to a maximum of $6,122.61); and,
     2. The repair and replacement of damaged brick at 5 George Street, Markham Village, subject to the applicant obtaining a Heritage Permit for the proposed work (up to a maximum of $3,051.00); and,
     3. The installation of a ground sign approved by the City at 4470 Highway 7 East Unionville, subject to the applicant removing existing abandoned and non-compliant signage (up to the  maximum of $1,000.00); and,
     4. The reconditioning of the historic wooden windows, and installation of appropriate new storm windows at 8961 Ninth Line, subject to the applicant obtaining a Heritage Permit (up to a maximum of $15,000.00); and,
  3. That the grants be funded through the Commercial Facade Improvement Grant Program Fund, Account 620-101-5699-23065 ($30,000.00 available for 2023); and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution. 

8.4.3

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

• 1. That the Staff report, dated December 11, 2023, titled "RECOMMENDATION REPORT, Objections to Notices of Intention to Designate – Phase III 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 10690 McCowan Road (Ward 6) and 2972 Elgin Mills Road East (Ward 2), be received as information; and,
  3. That the deputation from Tom Carvelli be received; and,
  4. That the written communication from Paul Durfee Oberst from Paul Oberst Heritage Consulting be received; and,
  5. That Council affirm its intention to designate 10690 McCowan Road (Ward 6): “William Henry Meyer 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 2972 Elgin Mills Road East (Ward 2): “John and Elizabeth Rowbotham House” under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That the Clerk’s Department be authorized to place designation by-laws before Council for adoption; and,
  8. 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,
  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.4.4

MARKVILLE SECONDARY PLAN STUDY INTERIM REPORT (10.4)

• 1. That the report and presentation dated December 11, 2023, entitled, “Markville Secondary Plan Study Interim Report” be received; and,
  2. That the deputations from Ron Hurlburt, Cindy Li, Charles Conrad, Guangsi (James) Zhang, Emily Guo, Tony Sun, Elisabeth Tan, Mike Carbonneau, Xian Zheng, Paul Yang and Yogna Zhao be received; and,
  3. That the written communications from Stephen Lusk and Oleg Seleznev be received; and
  4. That the Markville Secondary Plan Study Interim Report and emerging concept be released for public consultation and input to support the preparation of the final study; and,
  5. That staff be directed to host a Community Information Meeting in Q1 2024 to present the interim report and emerging concept; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5

REPORT NO. 48 DEVELOPMENT SERVICES COMMITTEE (DECEMBER 12, 2023)

Please refer to your December 12, 2023, Development Services Committee Agenda for reports.

Mayors and Members of Council:

• 1. That the report of the Development Services Committee Meeting be received & adopted. (Items 1 to 7):

8.5.1

AUTHORITY TO PROVIDE DEVELOPMENT CHARGES (DC) CREDIT AND / OR REIMBURSEMENT FOR THE CONSTRUCTION OF ROUGESIDE PROMENADE FROM 100M EAST OF WARDEN AVENUE (WEST LIMITS OF THE SUBDIVISION) TO VERDALE CROSSING AND 

FOR THE CONSTRUCTION OF MULTI-USE PATHWAY (MUP) ON WARDEN AVENUE TO 1771107 ONTARIO INC. (WARD 3) (7.11)

• 1. That the report entitled “Authority to Provide Development Charges (DC) Credit and / or Reimbursement for the Construction of Rougeside Promenade from 100m east of Warden Avenue (west limits of the subdivision) to Verdale Crossing and for the Construction of Multi-Use Pathway (MUP) on Warden Avenue to 1771107 Ontario Inc. (Ward 3)” be received; and,
  2. That Council authorize Development Charge Credits and / or Reimbursements not exceeding $202,509.00 to 1771107 Ontario Inc. (“Times Group”) for the costs associated with the design, contract administration, construction, and maintenance until assumption, for the construction of Rougeside Promenade from 100m east of Warden Avenue to Verdale Crossing; and,
  3. That Council authorize the following reimbursements to 1771107 Ontario Inc. (“Times Group”) related to the design, contract administration, construction, and maintenance until assumption, for the construction of MUP on Warden Avenue west of Block 1 and Block 5, adjacent to the Plan of Subdivision:
     1. Development Charge Credits and/or Reimbursements not exceeding $66,885.00 representing 65% of the costs associated with the construction of MUP on Warden Avenue; and,
     2. Reimbursement not exceeding $18,007.50 from the Community Benefit Charges Reserve representing 17.5% of the costs associated with the construction of the MUP on Warden Avenue; and,
     3. Reimbursement not exceeding $18,007.50 from the Non-DC Growth Reserve representing 17.5% of the costs associated with the construction of the MUP on Warden Avenue; and,
  4. That notwithstanding the above recommendations, that the amount available for credits and/or reimbursements be based on the lesser of the actual cost to construct and the capital cost included in the most current Development Charges Background Study, as indexed from time to time, at the time works are complete and the credits and/or reimbursements are being provided; and,
  5. That the Mayor and Clerk be authorized to execute a Development Charge Credit and / or Reimbursement Agreement, if required, in accordance with the City’s Development Charge Credit and Reimbursement Policy, with 1771107 Ontario Inc. or their successors in title to the satisfaction of the Treasurer and the City Solicitor, or their respective delegates; and,
  6. That all of the above credits and/or reimbursements shall exclude HST and interest and shall be indexed in accordance with the City’s Development Charge Credit & Reimbursement Policy; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.2

AWARD OF TENDER 223-T-23 BACKSTOP AND OUTFIELD FENCE REPLACEMENT (7.12)

• 1. That the report entitled “Award of Tender 223-T-23 Backstop and Outfield Fence Replacement” be received; and,
  2. That staff be authorized to award a contract to Anthony Furlano Construction Inc., the lowest priced bidder, in the total amount of $394,775.88 inclusive of HST; and,
  3. That a contingency in the amount of $19,738.79 (5%) inclusive of HST, be established to cover any additional project costs, be approved, and that authorization be granted to approve expenditures of this contingency amount up to the specified limit in accordance with the Expenditure Control Policy; and,
  4. That the award and contingency in the total amount of $414,514.67 be funded from capital project 23217 Outfield and Backstop Fence Improvement, GL account 0059-6150-23217-005, which has an available budget of $331,000; and,
  5. That the shortfall of $83,514.67 be funded from City Non-DC Capital Contingency; and,
  6. That this report be received by Council on December 13, 2023; and further,
  7. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.3

RECOMMENDATION REPORT – DESIGNATION OF PRIORITY PROPERTIES – PHASE V (16.11)

• 1. That the deputations by Randal Dickie, Urban Growth Inc., Chris Uchiyama, LHC, and Matthew Helfand, Aird & Berlis LLP, regarding the designation of properties under Part IV, Section 29 of the Ontario Heritage Act, be received; and,
  2. That the written submissions by Eileen Costello, Aird & Berlis LLP, regarding the designation of 11120 and 11274 Highway 48 under Part IV, Section 29 of the Ontario Heritage Act, be received; and,
  3. That the Staff report, dated December 12, 2023, titled, "RECOMMENDATION REPORT, Designation of Priority Properties – Phase V”, be received; and,
  4. That the June 14, 2023, recommendation from the Heritage Markham Committee, in support of the designation of the following properties under Part IV, Section 29 of the Ontario Heritage Act (in accordance with Appendix ‘B’), be received as information:
     • 3056 Elgin Mills Road East (Ward 2): “Thomas Read House”; and,
     • 3575 Elgin Mills Road East (Ward 2): “Lyon-Schell-Frisby House”; and,
     • 6731 Fourteenth Avenue (Ward 7): “Patton-Sewell House”; and,
     • 11274 Highway 48 (Ward 6): “Christian Hoover House”; and,
     • 7882 Highway 7 East (Ward 5): “Martin Hoover House”; and,
     • 7831 Highway 7 East (Ward 5): “Alec Armstrong House”; and,
     • 11248 Kennedy Road (Ward 6): “Melville Church”; and,
     • 11137 McCowan Road (Ward 6): “Alexander Lee House”; and,
     • 4822 Nineteenth Avenue (Ward 6): “Samuel Kendrick House”; and,
     • 6084 Nineteenth Avenue (Ward 5): “Grove Cottage”; and,
     • 11120 Highway 48 (Ward 6): “Henry Wideman House”; and,
     • 10737 Victoria Square Blvd (Ward 2): “Savage-Schell-Dennie House”; and,
  5. That Council state its intention to designate 3056 Elgin Mills Road East (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  6. That Council state its intention to designate 3575 Elgin Mills Road East (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  7. That Council state its intention to designate 6731 Fourteenth Avenue (Ward 7) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  8. That Council state its intention to designate 11274 Highway 48 (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  9. That Council state its intention to designate 7882 Highway 7 East (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  10. That Council state its intention to designate 7831 Highway 7 East (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  11. That Council state its intention to designate 11248 Kennedy Road (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  12. That Council state its intention to designate 11137 McCowan Road (Ward 6): under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  13. That Council state its intention to designate 4822 Nineteenth Avenue (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  14. That Council state its intention to designate 6084 Nineteenth Avenue (Ward 5) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  15. That Council state its intention to designate 11120 Highway 48 (Ward 6) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  16. That Council state its intention to designate 10737 Victoria Square Blvd (Ward 2) under Part IV, Section 29 of the Ontario Heritage Act in recognition of its cultural heritage significance; and,
  17. That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act; and,
  18. That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk’s Department be authorized to place a designation by-law before Council for adoption; and,
  19. That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the matter return to Council for further consideration; and further,
  20. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.4

RECOMMENDATION REPORT, GREEN CITY CORNELL DEVELOPMENT GROUP INC., OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT TWO 13-STOREY RETIREMENT HOME AND/OR APARTMENT BUILDINGS WITH AT-GRADE NON-RESIDENTIAL USES, 

A MIX OF TOWNHOUSES, AND PUBLIC PARKETTES, AT THE SOUTHEAST CORNER OF BUR OAK AVENUE AND CHURCH STREET (WARD 5) FILE PLAN 23 139197 (10.3, 10.5)
(By-law 2023-180 and By-law 2023-181)

• 1. That the December 12, 2023, report titled, “RECOMMENATION REPORT, Green City Cornell Development Group Inc., Official Plan and Zoning By-law Amendment Applications to permit two 13-storey retirement homes and/or apartment buildings with at-grade non-residential uses, a mix of townhouses, and public parkettes, at the southeast corner of Bur Oak Avenue and Church Street (Ward 5) File PLAN 23 139197”, be received; and,
  2. That the Official Plan Amendment application submitted by Green City Cornell Development Group Inc., be approved and the draft Official Plan Amendment, attached as Appendix ‘A’, be finalized and brought to a future Council meeting for adoption without further notice; and,
  3. That the Zoning By-law Amendment application submitted by Green City Cornell Development Group Inc., as modified by City staff, be approved and the draft site-specific Zoning By-law Amendment, attached as Appendix ‘B’, be finalized and brought to a future Council meeting for enactment without further notice; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.5

COMMENTS ON YORK REGION'S DRAFT REGIONAL PLANNING TRANSITION PLAN (10.0)

• 1. That the report and presentation dated December 12, 2023 entitled “Comments on York Region’s Draft Regional Planning Transition Plan” be received; and,
  2. That Council endorse the following Staff recommendations:
     1. That York Region continue its forecasting work in a supportive role to assist local municipalities in preparing local forecasts and the forecasts approved by local Council be used to inform Regional master and capital plans and phasing; and,
     2. That additional support to interpret and administer the York Region Official Plan be an optional service that could be provided by York Region given that Markham will be responsible for making decisions regarding conformity; and,
     3. That York Region comments on Official Plan Amendments be focused to matters where the Region has authority (i.e., servicing, regional transportation systems, assisted and affordable housing, etc.); and,
     4. That York Region’s role as a commenting agency should also include providing support on City-led initiatives and studies related to matters where York Region has authority (e.g., local transportation and servicing master plans, housing strategies, etc.); and,
     5. That a memorandum of understanding between York Region and Markham be prepared to confirm the Regional services to be provided by York Region; and,
  3. That York Region provide additional detail and clarification on the matters identified in Appendix ‘B’; and,
  4. That this report be forwarded to York Region as the City of Markham’s Comments on the Draft Regional Planning Transition Plan; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.6

RECOMMENDATION REPORT, TH (WARDEN) DEVELOPMENTS (BT) INC., AT 10506 AND 10508 WARDEN AVENUE, FOR OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT APPLICATIONS TO PERMIT TOWNHOUSES, STACKED TOWNHOUSES, AND MIXED USE MULTI-STOREY UNITS,

A 2 HA DUAL USE PARK/STORMWATER MANAGEMENT BLOCK; AND A SECONDARY SCHOOL BLOCK (WARD 2), FILE NO. PLAN 22 265291 (10.3, 10.5)

• 1. That the report titled, “RECOMMENDATION REPORT for Official Plan and Zoning By-law Amendment applications TH (Warden) Developments (BT) Inc., at 10506 and 10508 Warden Avenue to permit townhouses, stacked townhouses, and mixed use multi-storey units, a 2 ha dual use park/stormwater management block; and a secondary school block (Ward 2), File No. PLAN 22 265291”, be received; and,
  2. That the Official Plan Amendment application submitted by TH (Warden) Developments (BT) Inc., to amend the Official Plan, be endorsed in principle by Council, and that the draft Official Plan Amendment be finalized and brought forward to a future Council meeting to be enacted without further notice; and,
  3. That the Zoning By-law Amendment application submitted by TH (Warden) Developments (BT) Inc. to amend Zoning By-law 304-87, as amended, be endorsed in principle by Council and that the draft Zoning By-law be finalized and brought forward to a future Council meeting to be enacted without further notice; and further,
  4. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.5.7

REIMAGINE THE STOUFFVILLE GO TRANSIT CORRIDOR LINE  (10.0)

Note: The following matter was referred directly to Council from the December 12, 2023 Development Services Committee meeting.

• That the matter of “Reimagine the Stouffville Go Transit Corridor Line” be deferred to a Development Services Committee meeting in January 2024.

• WHEREAS, There is a need to reimagine the Stouffville GO Transit Corridor Line into a subway style, driverless with automatic train control service and land use plans as well as to create the high-speed 407 Crosstown Transitway Corridor, coordinated at a supra-regional level with all affected municipalities within the 416 and 905 area code, spearheading a major transformation of the Stouffville GO Transit line to unlock economic opportunity, job generation, increase ridership and optimize investments in rail transit infrastructure, create complete, walkable communities, provide for a range of housing choices and affordability levels and create unique destinations surrounding each Transit Oriented Development (TOD) station areas (refer to Appendices: for background material and detail); and,
  
  

  WHEREAS, A holistic, comprehensive plan would produce a far more efficient and effective two-way all-day corridor of destinations surrounding GO "Transit-Oriented Development" Stations coupled with 24-hour land uses that focus on the public realm and community amenities to create a vibrant and liveable economic corridor that is not premised on the current commuter model between the 905 and downtown Toronto areas; and,
  
  

  WHEREAS, All GO Commuter Transit Lines, including the Stouffville Line are currently underperforming, low ridership lines that need revitalization into vibrant complete destination TODs with high animation activity, high ridership, multiple amenities, jobs, retail establishments, and concentration of destination facilities; and,
  
  

  WHEREAS. Planning GO TOD stations at the corridor level allows for the coordination of land use and transportation, which can provide fast, direct, and cost-effective access to more destinations for more people. It also allows for the concentration of higher-density, mixed-use, pedestrian-friendly development within walking distance of frequent transit stops and stations, in tandem with measures to discourage unnecessary driving. This supports sustainable transportation choices and other community goals, resulting in lower levels of vehicle use, reduced greenhouse gas emissions, improved air quality, reduced cost of living, and healthier lifestyles; and,
  
  

  WHEREAS, A joint committee comprised of the Province, Federal Government, Toronto/Markham/Stouffville and York Region are well positioned to work together and implement this comprehensive work and bring all levels of government, agencies and stakeholders together in a joint initiative to reimagine the Stouffville GO Transit Corridor and its surrounding lands across municipal boundaries, and other government jurisdictions; and,
  
  

  WHEREAS, Toronto/Markham/Stouffville Growth Strategy describes the goals, strategies, and actions agreed to by the municipal partnership to pursue sustainable growth and development to 2053 and beyond. It is based on containing growth inside the urban containment boundary, and focusing this growth in Toronto, Markham and Stouffville's Urban Growth Centres, Transit Oriented Development Communities and other areas well-served by frequent transit service. It aims to support sustainable transportation choices with an emphasis on Toronto/Markham/Stouffville land use patterns that promote walking, cycling, and transit; and,
  
  

  WHEREAS, A new transportation plan for Toronto/Markham/Stouffville will setout the goals for a transportation strategy. to keep people and our economy moving, strengthen our communities, and protect the environment. It will set out the goals for Toronto/Markham's integrated transportation system and outlines the importance of coordinating land use and transportation to be proactive in using transit to serve and shape land use. MTO (Metrolinx) are called to lead the planning and development of a new GTHA Regional Rail Integrated Transportation Strategy and the Municipalities wilt lead the planning of the Stouffville Corridor TOD Communities, with a planning horizon of 2053, in coordination with Toronto and Markham's 2053 and beyond Transportation Strategy; and,
  
  

  WHEREAS, Corridor-level planning can attract more economic development opportunities and substantial investment. Developers and businesses are often attracted to corridors with planned transit oriented development, as they see the potential for a larger customer base and improved accessibility. This can lead to more significant economic growth and job opportunities along the entire corridor; and,
  
  

  WHEREAS. Community Connectivity and Planning at the corridor level encourages the creation of pedestrian-friendly pathways, bike lanes, and other non-motorized transportation options that connect various stations and surrounding areas. Corridor planning promotes active transportation and enhances overall livability of the community; and,
  
  

  WHEREAS, Planning and urban design can, at the corridor level, facilitate the establishment of consistent design and development standards across the entire corridor. It can lead to a more cohesive, aesthetic and functional environment, avoiding abrupt transitions between different station areas; and,
  
  

  WHEREAS, Corridor-level planning allows for more effective public engagement will help^, to reduce nimbyism. Communities can provide input on the overall vision and priorities for the entire corridor, fostering a sense of ownership and involvement in the planning process. Regular open Corridor Committee meetings with stakeholders and ratepayers will help to reduce nimbyism; and,
  
  

  WHEREAS, By planning at the corridor level, environmental impacts and considerations can be assessed and mitigated on a broader scale. This might include evaluating the overall ecological footprint, preserving and increasing green spaces, and implementing sustainable practices that benefit the entire corridor; and,
  
  

  WHEREAS, in order to speed up the planning process, and use financial resources more efficiently for everyone, it is important that public lands, infrastructure and buildings serve multi-purpose uses where appropriate:

  1. Tank storm ponds located in TOD Communities and put parkland or sports bubble on top,
  2. Streams and watercourses in TODs Communities can be covered and put parkland on top,
  3. Sports fields, parkland and playgrounds be shared between schools and the municipality,
  4. Co-locate public and separate schools and municipal facilities in the same multi-level building including separate and public school libraries incorporated into a municipal public library,
  5. Do not tax condo and office building underground parking in TOD Communities and transit corridors,
  6. Government and Municipal assets should serve multi-purposes because of the cost of land,
  7. The Ontario Government should allow the straddling of rail lines to create strata indoor or outdoor parks or urban vertical farming facilities,
  8. Within approx. 500 meters of TOD Community GO Stations, buildings should be allowed up to 8.0+ FSI etc.
  9. Corridors and Major Streets within a Heritage TOD Community should have minimum heights of 6 storeys. Buildings will be permitted to extend to 8 storeys with a 3 metre step back. Building materials and architecture should be reflective of the existing heritage character,
  10. Reduce GO Transit Station Platforms to 82.5 or 1 0 meters long instead of today's 300 meters long platforms,
  11. Add more stations to reduce the distance between stations when justified,
  12. Increase the frequency when ridership is justified,
  13. Build buildings or parkland over the top of GO Stations and GO Platforms,
  14. Transform the Stouffville GO Line to an Light Rail Transit Line powered by hydrogen fuel which can coexist with UP Express diesel fuel - instead of the need to electrify the Stouffville GO Transit Line
  15. Connect the Union Station Pearson Express to the Stouffville GO Transit Line up to Lincolnville,
  16. Conduct a proof of concept pilot for hydrogen trains instead of electric on the Stouffville GO Transit Line,
  17. Develop an integrated corridor with condos, retail, office, jobs, institutions, and destination attractions at each TOC station on the Stouffville GO corridor to grow ridership, jobs, residential and economic activity,
  18. 10% of all new condo units built are affordable or purpose build rentals in the Stouffville GO TOC corridor,
  19. With the provincial and federal governments, conduct pilot projects in urban vertical farming, autonomous vehicles in a geo-fenced environment and waste to energy. If successful, this would be a model for all
  20. Plan for a major sports, entertainment, and convention centre destination at the Markham Centre Go Station Hub.

  THEREFORE BE IT RESOLVED:

  1. That the Province of Ontario and the appropriate municipalities form^-an inter-governmental, inter-municipal, stakeholders and agency steering committee and working group to undertake a comprehensive study, followed by development of a plan that will unlock the land use, economic and transit opportunity of the Stouffville GO Transit Line Corridor and its surrounding lands; and,
  2. That a Steering Committee made up of representatives from the Federal. Provincial and Municipal Governments and a Government Technical Working Group be supported by various experts, including urban planners, urban design architects, engineers, economists, environmental specialists, and community stakeholders. Collaboration between government agencies, transit authorities, and private entities would be essential to successfully realize the transformation of the Stouffville GO transit line Corridor and the evolution of Transit-Oriented Developments; and,
  3. That the Following Key Steps should be Considered to Guide the Study:
     1. Define the Scope and Objectives
     2. Assess existing Infrastructure and Demand
     3. Identify Potential Transit Oriented Development Communities Stations
     4. Conduct Stouffville GO Transit Corridor Feasibility Study
     5. Develop Transit Oriented Development Communities Concepts
     6. Analyze Cost and Funding Options
     7. Public Engagement and Consultation
     8. Develop an Implementation Plan
     9. Monitor and Evaluate
     10. Plan a major GTA Sports, Entertainment and Convention Facilities at the Unionville GO/407 Transitway Hub
  4. That the Following Matters be Considered as Part of the Study and Plan (refer to Appendices for details):
     1. Provide land use, typologies and communities that optimize the frequent rail transit investment where communities are seamlessly linked by high frequency public LRT
     2. Provide Complete Destinations (Retail, Office and Residential build over the TOD stations) Transit-Oriented Development Stations that are seamlessly linked with 24-hour uses that create two-way all-day traffic between Toronto's Union Station and Stouffville's Lincolnville Station. (Involve Pension Funds and other Capital Investors)
     3. Evaluate and implement autonomous vehicles in a geo-fenced environment and micro-mobility connections to support first-mile/last-mile solutions at rail transit station areas
     4. Create a multi-modal corridor of transit supported neighbourhoods (like a string of pearls along the corridor).
     5. Create complete communities and hierarchy of destinations, employment centres and amenities within the sub-centres that generate and attract two-way all-day traffic
     6. Examine opportunities for renewables, district energy generation, solar, wind and geo-thermal solutions within the Stouffville GO Transit corridor
     7. Provide a Range of Housing Choices and Affordability
     8. Balance City-Wide and Regional Goals with the Existing Communities and Its Context
     9. Ensure Job Space and Diversity through a Comprehensive Job Creation Strategy
     10. Create digital twins of the affected municipalities that utilize the internet of things to monitor utilities and the transportation grid in real time and improve analysis, projection and development review
  5. That the Following Programmes be Considered to Reimagine the Stouffville GO Transit line as a Comprehensive Transit Corridor with integrated urban development and sustainable features:
     1. Conduct a Technical and Financial Feasibility Study to assess the technical, financial, and operational viability of the proposed transformation of the Stouffville GO transit line to LRT (Subway) type Service:
        1. Transportation Demand Analysis: Analyze the current and projected transportation demand along the corridor, considering population growth, employment distribution and other demographic factors.
        2. Infrastructure and Engineering Study: Conduct engineering study to determine whether to tunnel, or elevate, or grade separate, and other infrastructure upgrades along the corridor.
        3. Environmental Impact Assessment: Evaluate potential environmental impacts of transit line upgrades, new stations, increased urban development, density, and develop strategies to mitigate any negative effects.
        4. Driverless Train with Automation Train Control Technology Study: Explore the technical requirements, costs and benefits of implementing driverless LRT technology, and automatic train control.
     2. Engage A World-Class Transit Oriented Development (TOD) Planning Consultant Team to masterplan the entire Stouffville GO corridor and every TOD Station, including but not limited to:
        1. Station Area Master Plans: Develop station master plans for proposed TODs. These plans should include mixed-use development concepts, urban design guidelines, land use strategies, and strategies for creating complete destination Consider factors like job distribution, housing density, retail, entertainment facilities, creating great public realm, green spaces, and building on top of TOD stations.
        2. Land Use and Zoning Studies: Work with local municipalities to update zoning regulations and land use policies that encourage mixed-use development and don't encourage single-family houses and townhouses in TODs.
        3. Transit-Oriented Development (TOD) Strategy: Establish design guidelines to ensure aesthetic coherence, functionality, and sustainability in the development of stations and surrounding areas. These guidelines would encompass building heights, aesthetics, green spaces, and public amenities.
        4. Indoor Urban Vertical Farming Warehouse Feasibility: Assess the feasibility of integrating urban vertical farming facilities at each station, considering factors such as space, technology, and economic viability.
        5. Conduct an Autonomous Vehicles Proof of Concept: At a TOD station in a geofenced campus environment.
        6. Conduct an Waste-to-Energy Infrastructure Proof of Concept Study: Assess the possibility of central waste-to-energy facilities at each major TOD station area to manage waste sustainably and produce energy. Evaluate technology options, environmental impacts, financial viability and regulatory considerations.
        7. 3D Modelling Solutions: Create 3D digital twins and printed models for each TOD station area.
        8. Economic and Job Analysis: Assess the potential for job creation along the transit corridor. Identify sectors that could thrive in proximity to transit stations, such as technology hubs, commercial centres, and research institutions. This study must consider how to attract businesses to establish their presence at each station.
        9. Housing Market Analysis: Understand the housing market dynamics in the GTA, including housing affordability issues. Explore different housing typologies, such as mid-rise and high-rise condos, to accommodate the projected population growth and demand for housing. Examine strategies to ensure housing affordability while maintaining the desired urban density.
        10. Modular Prefabrication Condominium Construction Feasibility Study: The feasibility of using modular prefabricated construction methods for the creation of mid-rise buildings at each transit station and corridor.
        11. Legal and Regulatory Framework Review existing legal and regulatory frameworks and identify any necessary changes to support the proposed transformation of the transit line and TOD station areas.
        12. Conduct visual preference surveys and studies for each TOD: Solicit feedback in urban planning, architecture, and design to gather public opinions about the visual qualities of different environments, landscapes, buildings, and urban elements.
        13. Eliminate NIMBYism: Community Engagement, Stakeholder Involvement and Visual Preference Survey: Conduct public engagement sessions to involve residents in the planning process. Utilize visual preference surveys to gather input on design elements, community preferences, and potential concerns. This can help address potential "NIMBYism" (Not in My Backyard) reactions and ensure community buy-in.
        14. Heritage Districts: Develop a policy on single-storey buildings near rail transit stations or in heritage districts, the policies are to encourage denser developments in these areas to accommodate more residents and preserve the character of heritage districts.
        15. Plan Major Destinations: Strategically plan major destinations along the Stouffville GO Corridor as part of an integrated transit network.
        16. Seek Guidance from the Premier, Minister's of Sports and Economic Development and the Canadian Sports Institute of Ontario (CSIO), on how a major Sports, Entertainment & Convention Centre can be part of the economic strategy for the integrated GTA rail transit network. (A community that works together, plays together and lives together, stays together)
        17. Financial and Funding Strategy. Develop a funding strategy that considers public and private funding sources, potential revenue streams from commercial development, and long-term financial sustainability.
        18. Public-Private Partnerships (PPPS): Investigate the potential for public-private partnerships to help finance, develop, and operate the new TOD corridor and station
        19. Implementation Plan: Develop a phased implementation plan that outlines the timeline, milestones, and responsibilities for each stage of the transit corridor
     3. Establish a Stouffville GO TOD Corridor Stakeholder and Ratepayer Committee to ensure integrated Transit Corridor TOD Planning:
        1. This is essential for creating efficient, safe, and sustainable transportation systems that serve the needs of the communities and the GTHA.
        2. The Tri-Government Political Steering committee adopts a multidisciplinary approach that considers various factors including transportation, land use, urban design, economic development, job creation, and community engagement.
        3. Conduct regular transparent committee meetings both in person and hybrid.
  6. That in conclusion: Conducting a masterplan study for the Stouffville GO Transit corridor is crucial to meet the growing transportation needs of the 1.5 million people it serves and the millions more expected to make the GTHA their home. By learning from successful transit systems, optimizing capacity, and exploring cost-effective solutions, we can enhance the efficiency, capacity, and overall performance of the corridor. This study will provide valuable insights and recommendations for future infrastructure upgrades, operational improvements, and station design modifications; and,
  7. That the printing costs associated with the document entitled ”Creating a Complete Destination Transit Oriented Development Interactive Corridor Economy” be funded from a City account to an upset limit of $15,000; and further,
  8. That This Resolution be Provided to the Following:
     • The Right Honourable Justin Trudeau, Prime Minister of Canada
     • Hon. Chrystia Freeland, Deputy Prime Minister and Minister of Finance
     • Dominic LeBlanc, Minister of Public Safety, Democratic Institutions, and Intergovernmental Affairs
     • Lawrence MacAulay, Minister of Agriculture and Agri-Food
     • Francois-Philippe Champagne, Minister of Innovation, Science, and Industry
     • Sean Fraser, Minister of Housing, Infrastructure and Communities
     • Mary Ng, Export Promotion, International Trade and Economic Development
     • Steven Guilbeault, Minister of Environment and Climate Change
     • Pablo Rodriguez, Minister of Transport and Quebec Lieutenant
     • Soraya Martinez Ferrada, Minister of Tourism and Minister responsible for the Economic Development Agency of Canada for the Regions of Quebec
     • Carla Qualtrough, Minister of Sport and Physical Activity
     • Kamal Khera, Minister of Diversity, Inclusion and Persons with Disabilities
     • Filomena Tassi, Minister resp¢insible for Federal Economic Development Agency for Southern ON
     • Rechie Valdez, Minister of Small Business
     • Doug Ford, Premier of Ontario
     • Paul Calandra, Minister of Municipal Affairs and Housing
     • Kinga Surma, Minister of Infrastructure
     • Prabmeet Sarkaria, Minister of Transportation
     • Vic Fedeli, Minister of Economic Development, Job Creation and Trade
     • Peter Bethlenfalvy, Minister of Finance
     • Lisa Thompson, Minister of Agriculture, Food and Rural Affairs
     • Todd Smith, Minister of Energy
     • Neil Lumsden, Minister of Tourism, Culture and Sport
     • Phil Verster, President and Chief Executive Officer, Metrolinx
     • Donald Wright, Chair of the Board of Directors, Metrolinx
     • Michael Lindsay, President and Chief Executive Officer, Infrastructure Ontario
     • Marit Stiles, Leader of the New Democratic Party of Ontario
     • John Fraser, Interim Leader of the Liberal Party of Ontario
     • Brian Bentz, President and CEO, Alectra Utilities
     • Brian MacPherson, Executive Director, 2030 Commonwealth Games
     • Debbie Low, President & CEO, Canadian Sports Institute of Ontario
     • York Region Councillors
     • Mayor and Councillors, Markham, Richmond Hill, Vaughan, Whitchurch Stouffville
     • Mayor and Councillors, City of Toronto
     • CEOs and Commissioners of Planning, York Region, Markham, Richmond Hill, Vaughan
     • City Clerks — Markham, Richmond Hill, Vaughan, Durham, Brampton, Mississauga, Toronto
     • Local York Region MPPs and MPs
     • A Better GTA — An Alliance of GTA Resident and Ratepayers Groups in the GTA
     • Media - CBC, CTV, City News, Toronto Star, Globe & Mail, York.com

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

THIRD REVISED & RESTATED SHAREHOLDER DECLARATION DECEMBER 2023 (10.5)

• 1. That the report entitled “Revisions to Second Revised and Restated Shareholder Declaration, 2007” be received; and
  2. That the Third Revised and Restated Shareholder Declaration attached as Appendix “A” be approved; and,
  3. That the Mayor and City Clerk be authorized to execute the Third Revised and Restated Shareholder Declaration, in a form satisfactory to the City Solicitor; and further,
  4. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

11.2

HOUSING ACCELERATOR FUND APPLICATION UPDATE (10.0)

• Whereas the City of Markham recognizes the importance of housing affordability and all orders of government in Canada acknowledge that we are in the midst of a housing crisis; and,
  Whereas the City of Markham adopted Housing Choices: Markham’s Affordable and Rental Housing Strategy in June, 2021 and is actively advancing actions to increase the supply of affordable and purpose built rental housing; and,
  Whereas through the More Homes, Built Faster: Ontario’s Housing Supply Action Plan 2022-2023, the Province committed to 1.5 million homes being built over the next 10 years and assigned a Municipal Housing Target to Markham, and in response the City of Markham made a housing pledge to facilitate the construction of 44,000 new homes; and,
  Whereas the Federal Government launched the Housing Accelerator Fund to provide funding to local municipalities, to encourage initiatives aimed at increasing housing supply across Canada; and,
  Whereas the City of Markham submitted an application in June, 2023 to the Housing Accelerator Fund requesting $57,100,000 to implement seven initiatives that aim to provide a minimum of 1900 housing units; and,
  Whereas the Federal Minister of Housing, Infrastructure and Communities provided a letter to the City of Markham dated October 11, 2023 advising that the City has proposed strong steps forward to address the housing crisis through its Housing Accelerator Fund application initiatives but also requesting that the City go further than what was proposed in its application; and,
  Whereas the Province amended the Planning Act through (Bill 23) to permit three Additional Residential Units (ARU) as-of-right on a parcel of land where residential uses are permitted in all municipalities in Ontario, replacing the previous permission of 2 units (resulting in an increase of 1 unit); and,
  Whereas the City of Markham has 22 Major Transit Station Areas (MTSA) with minimum density targets to support increased intensification for lands generally within 800 metres around transit station areas which is equivalent to approximately a 10-minute walk; and,
  Whereas each MTSA in the City of Markham is unique, and may have historical, environmental and/or physical contexts and community elements that positively influence built form; and
  Whereas the City of Markham needs to make a decision and respond to the requests from the Federal Government regarding the Housing Accelerator Fund.
  Therefore, be it resolved:

  1. That, as requested by the Federal Government, Council request staff to prepare a proposed amendment to the City’s Official Plan and Zoning By-law to permit up to four (4) residential units on properties where zoning permits single detached, semi-detached or row house dwelling units. The implementing zoning by-law may prescribe additional criteria such as servicing capacity or parking to support the proposed units for consideration by Council; and,
  2. That Council, request staff through Initiative 3 (Major Transit Station Areas (MTSA) Policy Update and Pre-Zoning) under the Housing Accelerator Fund application to assess and propose an amendment to the City’s Official Plan and Zoning By-Law for Council consideration that would permit as a minimum up to four (4) storeys within MTSAs, excluding those that are solely comprised of employment areas and preclude residential development, in response to another request by the Federal Government; and,
  3. That a copy of this motion be sent to the Federal Minister of Housing, Infrastructure and Communities; and,
  4. That Council direct staff to further engage with the Federal and Provincial Governments to explore opportunities to incentivize and increase the supply of affordable and purpose built rental housing, including necessary infrastructure, to support an appropriate mix and range of housing at all levels of affordability; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

• That By-laws 2023-164 to 2023-184 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2023-164, TREE PRESERVATION BY-LAW

13.2

BY-LAW 2023-165, TO AMEND BY-LAW 2018-109 BEING A BY-LAW TO REGULATE THE USE, ALTERATION, AND OCCUPANCY OF HIGHWAYS WITHIN THE CITY OF MARKHAM

That the Road Occupancy By-law 2018-109 be amended.  

(Item 6.1)

13.3

BY-LAW 2023-166, A BY-LAW TO AMEND BY-LAW 2016-84 BEING A BY-LAW TO IMPLEMENT AN ADMINISTRATIVE MONETARY PENALTY SYSTEM FOR NON-PARKING OFFENCES

To amend By-law 2016-84, a By-law to implement an Administrative Monetary Penalty System for Non-Parking Offences.

(Item 6.1)

13.4

BY-LAW 2023-167, A BY-LAW TO DEDICATE CERTAIN LANDS AS PART OF THE HIGHWAYS OF THE CITY OF MARKHAM

That Blocks 61, 62 and 63, Plan 65M-4317 in the City of Markham, Regional Municipality of York be established and laid out as part of the public highways of the City of Markham and named West Bay Drive. 

13.5

BY-LAW 2023-168, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “HAACKE-WARRINER FARMHOUSE”

The Haacke-Warriner Farmhouse is recommended for designation under Part IV, Section 29, of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.6

BY-LAW 2023-169, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “THOMAS AND CATHARINE PEACH HOUSE"

The Thomas and Catharine Peach House is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.7

BY-LAW 2023-170, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “BOX GROVE UNITED CHURCH”

The Box Grove United Church is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.8

BY-LAW 2023-171, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “ALMIRA MILL HOUSE”

The Almira Mill House is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.9

BY-LAW 2023-172, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “ALMIRA GENERAL STORE AND POST OFFICE”

The Almira Store and Post Office is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.10

BY-LAW 2023-173, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “BOX GROVE GENERAL STORE”

The Box Grove General Store is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.11

BY-LAW 2023-174, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “THE ALBERT AND BERTHA REESOR HOUSE"

The Albert and Bertha Reesor House is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.12

BY-LAW 2023-175, A BY-LAW TO DESIGNATE A PROPERTY AS BEING OF CULTURAL HERITAGE VALUE OR INTEREST “DICKSON HILL MILL HOUSE”

The Dickson Hill Mill House is recommended for designation under Part IV, Section 29 of the Ontario Heritage Act as a property of cultural heritage value or interest.

13.13

BY-LAW 2023-176, TO AMEND A BY-LAW TO ADOPT MARKHAM’S EMERGENCY MANAGEMENT PROGRAM AND EMERGENCY RESPONSE PLAN

That By-law 2017-73, A By-law to adopt Markham’s Emergency Management Program and Emergency Response Plan be amended.

13.14

BY-LAW 2023-177, BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION, CHANGE OF USE PERMITS AND INSPECTIONS

Development Fee, Building, and City-Wide Fee By-Law
(Item 8.1.1 and Item 8.3.1)

13.15

BY-LAW 2023-178, WISMER COMMONS SECONDARY PLAN (SUNNY COMMUNITIES (MARKHAM GOLD) AT 9900 MARKHAM ROAD - OFFICIAL PLAN AMENDMENT NO. 263 (WARD 6) (10.3)(10.5) 

A By-Law to adopt Amendment No. 263 to the City of Markham Official Plan (Revised 1987), as amended, and to incorporate Amendment No. 3 to the Wismer Commons Secondary Plan (PD 36-1), as amended, for the Wismer Commons Planning District (Planning District No. 36).
[Sunny Communities (Markham Gold) Inc.] File Plan No. 21 140327
(Item 8.3.5, Report 43, November 29, 2023 Council Meeting)

13.16

BY-LAW 2023-179, WISMER COMMONS SECONDARY PLAN (SUNNY COMMUNITIES (MARKHAM GOLD)  - ZONING BY-LAW AMENDMENT AT 9900 MARKHAM ROAD - (WARD 6) (10.3)(10.5) 

A By-law to amend By-law 177-96, as amended to permit a high rise mixed-use development with 736 units (624 apartment and 112 multiple dwelling units) at 9900 Markham Road (Ward 6)
[Sunny Communities (Markham Gold) Inc.] File Plan No. 21 140327
(Item 8.3.5, Report 43, November 29, 2023 Council Meeting)

13.17

BY-LAW 2023-180, A BY-LAW TO AMEND BY-LAW 177-96, AS AMENDED - GREEN CITY CORNELL DEVELOPMENT GROUP INC.) - ZONING BY-LAW (WARD 5) (10.3)(10.5) 

13.18

BY-LAW 2023-181, CORNELL PLANNING DISTRICT - (GREEN CITY CORNELL DEVELOPMENT GROUP INC.) - OFFICIAL PLAN AMENDMENT NO. 264 (WARD 5) (10.3)(10.5) 

13.19

BY-LAW 2023-182, A BY-LAW TO AMEND BY-LAW 211-83,  BEING A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING  PLANNING APPLICATIONS IN THE CITY OF MARKHAM

A By-law to amend By-law 211-83

(Item 8.1.1 and Item 8.3.1)

13.20

BY-LAW 2023-183,  A BY-LAW TO AMEND BY-LAW 2002-276, AS AMENDED

A By-law to amend By-law 2002-276

(Item 8.1.1)

13.21

BY-LAW 2023-184, A BY-LAW TO AMEND BY-LAW 211-83, BEING A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF PLANNING APPLICATIONS IN THE CITY OF MARKHAM

A By-law to amend By-law 211-83

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:

• Council resumed in open session at 3:20 PM and passed the following resolutions:

14.1

COUNCIL

14.1.1

CONFIDENTIAL COUNCIL - MINUTES - NOVEMBER 29, 2023 [MUNICIPAL ACT, 2001, Section 239 (2) (b) (h)(k)]

14.2

DEVELOPMENT SERVICES COMMITTEE - DECEMBER 12, 2023

Note: The following matter was referred to Council from the December 12, 2023 Development Services Committee meeting. 

14.2.1

REQUEST FOR DIRECTION, ONTARIO LAND TRIBUNAL APPEAL, DRC (MARKHAM) INC. C/O HOLBORN GROUP, AT 8127-8149 YONGE STREET (WARD 1) FILE NO. PLAN 22 253004 (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)] 

14.3

NEW/ OTHER BUSINESS

14.3.1

MDEI WASTEWATER ENERGY TRANSFER (WET) PROJECT 

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 [MUNICIPAL ACT, 2001, Section 239 (2) (i)] (10.5)

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2023-163 be given three readings and enacted.

  Three Readings

  BY-LAW 2023-163 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF DECEMBER 13, 2023.
  No attachment

16.

ADJOURNMENT