Electronic Revised Council Meeting Agenda
Revised Items are Italicized.

Meeting No. 15

Tuesday, September 15, 2020 at 1:00 P.m. - 4:30 P.m.

Live streamed

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​

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1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - AUGUST 25, 2020

• 1. That the Minutes of the Council Meeting held on August 25, 2020, be adopted.

4.

PRESENTATIONS

4.1

PRESENTATION - UPDATE ON YORK UNIVERSITY MARKHAM CENTRE CAMPUS (8.0)

Dr. Rhonda Lenton, President and Vice-Chair, York University will deliver a presentation.

5.

DEPUTATIONS

5.1

DEPUTATION - RECOMMENDATION FROM THE SEPTEMBER 4, 2020 LICENSING COMMITTEE HEARING (46 BRYANT ROAD) (2.0)

Nicki Lawrence will address Council on this matter.

(See Item No. 11.1, New/ Other Business)

6.

COMMUNICATIONS

6.1

27-2020 - LIQUOR LICENCE APPLICATION - SWISS CHALET (WARD 3) (3.21)

(New liquor licence for indoor and outdoor areas)

• 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

28-2020 -  LOCAL PLANNING APPEAL TRIBUNAL (LPAT) DECISION - ANDRIN WISMER MARKHAM LIMITED, 5440 16TH AVENUE ( 13.13)

Summary from Victoria Chai, Assistant City Solicitor:

On November 13, 2019, City Council approved a settlement between Andrin Wismer Markham Ltd. (“Andrin”) and the City of Markham regarding appeals by Andrin from the City’s failure to make a decision regarding applications for a zoning by-law amendment, draft plan of subdivision, and site plan approval for the lands located on the north side of 16th Avenue on the east side of Alexander Lawrie Avenue, legally described as Part of Lot 16, Concession 7, being Part 1 on Reference Plan 65R-37416, City of Markham, with the municipal address of 5440 16th Avenue.

The settlement permits the development of a common element condominium with 10 semi-detached and 68 townhouse units, an amenity area, and parking.

On September 11, 2020, the LPAT approved the draft plan of subdivision and zoning by-law amendment to incorporate lands into the designated area of By-law 177-96 to permit the development outlined above. The wording of the zoning by-law amendment has been finalized and the zoning-bylaw amendment requires assignment of a number for municipal tracking purposes.

The site plan referral to the LPAT remains outstanding; however, the City and Andrin Wismer have been working on finalizing the site plan approval.

(By-law 2020-89)

 

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 1. That the following proclamations, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:

  1. 1. International Literacy Day - September 8, 2020

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 24 - GENERAL COMMITTEE (SEPTEMBER 8, 2020)

Please refer to your September 8, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

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

8.1.1

CANCELLATION, REDUCTION, OR REFUND OF TAXES UNDER SECTIONS 357 AND 358 OF THE MUNICIPAL ACT, 2001 (7.3) 

• 1. That the Report for the Cancellation, Reduction or Refund of Taxes under Sections 357 and 358 of the Municipal Act, 2001 be received; and,

      

  2. That taxes totalling approximately $1,165,931 be adjusted under Section 357 and 358 of the Municipal Act, 2001 of which the City’s portion is estimated to be $182,589; and,

      

  3. That the associated interest be cancelled in proportion to the tax adjustments; and,

      

  4. That the Treasurer be directed to adjust the Collector’s Roll accordingly; and further,

      

  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.1.2

FEASIBILITY OF PILOTING MICROSOFT 365 CLOUD SERVICE (7.13)

• 1. That the report dated September 8, 2020 entitled “Feasibility of Piloting Microsoft 365 Cloud Service” be received; and,
  2. That staff, participate in a free pilot of the Microsoft online productivity solution for up to 50 users for a six month period; and,
  3. That an evaluation user-group comprised of Members of Council and staff be established; and,
  4. That implementation support costs of $25,000 (excluding HST) to execute the pilot be approved; and,
  5.  That staff report back on the results of the pilot in Q1 2021; and further,
  6. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

APPOINTMENT OF MEMBERS TO THE MARKHAM MAYOR’S YOUTH COUNCIL FOR THE PERIOD OF SEPTEMBER 15, 2020 TO JUNE 30, 2021 (16.24)

• 1. That the Report Appointment of Members to the Markham Mayor’s Youth Council for the period of September 15, 2020 to June 30, 2021 be received;
  2. And that the following Appointments of Members to the Markham Mayor’s Youth Council be confirmed for the term September 15, 2020 to June 30, 2021;

   

  Name	School	Grade	Ward
  Jin Zhou	Henderson Avenue Public School	8	1
  Karina Florea	Thornhill Secondary School	10	1
  Elyssa Qi	St. Augustine Catholic High School	9	2
  Stephanie Sheng	Bayview Secondary School	10	2
  Marissa Wang	Bayview Secondary School	11	2
  Eric Gao	Unionville High School	10	3
  Justine Lin	Unionville High School	11	3
  Patrick Ang	St. Brother Andre Catholic High School	12	3
  Selina Qiu	Markville Secondary School	12	3
  Ivan Yu	Unionville High School	12	3
  Manny Pahwa	Unionville High School	11	4
  Olivia Chan	Unionville High School	11	4
  Maxine Bisera	St. Brother Andre Catholic High School	12	4
  Jorden Robinson	Milliken Mills High School	12	4
  Jiabei He	Bill Hogarth Secondary School	9	5
  Gloria Huang	Bill Hogarth Secondary School	10	5
  Bryant Zheng	Markville Secondary School	11	6
  Kara Yang	Markville Secondary School	11	6
  Jonathan Feng	Markville Secondary School	11	6
  Ernest Wong	St Robert Catholic High School	12	6
  Seethaa Manoharan	Bayview Secondary School	12	6
  Ashwin Suganthan	Markham District High School	11	7
  Chloe Vanderlugt	Town Centre Private High School	12	7
  Sara Mohammed	Markham District High School	12	7
  Ulain Umar	Father Michael McGivney Catholic High School	11	8

  3) And that Staff be authorized and directed to do all things necessary to give effect.

   

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

NEW/ OTHER BUSINESS -  RECOMMENDATION FROM THE SEPTEMBER 4, 2020 LICENSING COMMITTEE HEARING (46 BRYANT ROAD) (2.0)

No Attachment

• That the following recommendation of the Licensing Committee from the Hearing held on September 4, 2020, be approved and adopted:

  1. That the application to remove one (1) Silver Maple at 46 Bryant Road, Markham be approved; and,
  2. That the applicant provide for six (6) replacement trees on the property of 46 Bryant Road, Markham, or on any other private property in Markham in a size and native species deemed appropriate by staff, by December 31, 2021, or provide a cash-in-lieu payment of $300.00 per tree; and further,
  3. That the recommendations are based on the unique characteristics of this case only and are not intended to be precedent setting nor to be used as a basis for future cases.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

Three Readings

13.1

BY-LAW 2020-89 ANDRIN WISMER MARKHAM LIMITED, 5440 16TH AVENUE, ZONING BY-LAW AMENDMENT

A By-law to amend By-law 177-96, as amended to to facilitate the development of common element condominium development.

(By-law 2020-89 approved by LPAT)
(For information only to facilitate the assignment of a By-law number)
(Communication  28-2020)

14.

CONFIDENTIAL ITEMS

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

14.1

COUNCIL

14.1.1

APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JULY 14 & 16, 2020 AND AUGUST 25, 2020 (16.0) [Section 239 (2) (a) (b) (c) (e) (f)]

14.2

GENERAL COMMITTEE - SEPTEMBER 8, 2020

14.2.1

PERSONAL MATTERS ABOUT AN IDENTIFIABLE INDIVIDUAL, INCLUDING MUNICIPAL OR LOCAL BOARD EMPLOYEES (11.0) [Section 239 (2) (b)]

14.3

DEVELOPMENT SERVICES COMMITTEE - SEPTEMBER 14, 2020

14.3.1

LITIGATIONOR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [SECTION 239 (2) (e)] – LPAT APPEAL – 20 PERSONNA BOULEVARD (8.0)

14.3.2

LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; [SECTION 239 (2) (e)] – LPAT APPEAL – 105-107 MAIN STREET UNIONVILLE (8.0)

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2020-88 be given three readings and enacted.

  Three Readings

  BY-LAW 2020-88 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF SEPTEMBER 15, 2020.
  No attachment

16.

ADJOURNMENT