Council Meeting

That the Minutes of the Council Meeting held on January 26, 2021, be adopted.

That the deputations on the "City of Markham comments to the Province on a Minister’s Zoning Order request by Flato Developments Inc. to permit residential development on lands at 5474 and 5662 19th Avenue (Ward 6)", be received.

That the communications on the "City of Markham comments to the Province on a Minister’s Zoning Order request by Flato Developments Inc. to permit residential development on lands at 5474 and 5662 19th Avenue (Ward 6)", be received.

That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: Black History Month - February 2021 Heritage Week - February 15 - 21, 2021 World Lymphedema Day - March 6, 2021 International Day for the Elimination of Racial Discrimination - March 21, 2021

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

That the report entitled “ South Park Road & Saddle Creek Drive Proposed All-way Stop (Ward 8)” be received; and T hat Schedule 12 of Traffic By-law 106-71 , pertaining to compulsory stops, be amended to include all approaches to the intersection of South Park Road and Saddle Creek Drive ; and That the Operations Department be directed to install the appropriate signs and pavement markings at the subject l ocation; and That the cost of materials and installation for the traffic signs and pavement markings in the amount of $1,000, be funded from capital project account #083-5350-21178-005 (Traffic Operational Improvements); and That York Region Pol ice be requested to enforce the all-way stop control upon installation of these stop signs and passing of the By-law; and further That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-12)

That the report titled “RECOMMENDATION REPORT, Leporis Construction Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Leporis Construction Inc. at 2705 and 2755 Elgin Mills Road East to facilitate the development of the subject lands for employment uses (Ward 2)” be received; and, That Zoning By-law Amendment application (ZA 16 137567) submitted by Leporis Construction Inc. be approved and the implementing by-law attached as Appendix ‘B’ be finalized and enacted without further notice; and, That Draft Plan of Subdivision application (SU 16 137567) submitted by Leporis Construction Inc. be approved subject to the conditions outlined as Appendix ‘A’; and, That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out as Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or designate; and, That draft plan approval for Plan of Subdivision 19TM-18009 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and, That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which

That the report entitled “Victoria Square Boulevard – Detailed Design Update and Purchase Order Increase Request (Ward 2)” be received; and, That Purchase Order PD 19403 issued to Ainley & Associates for the detailed design of Victoria Square Boulevard reconstruction be increased by $371,943.33, inclusive of HST, to cover the additional design work required for the project; and, That Purchase Order PD 19404 for the contingency of the detailed design of Victoria Square Boulevard reconstruction be increased by $37,193.43, inclusive of HST, to cover any additional design work required for the project 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, That the Engineering Department Capital Administration Fee in the amount of $52,148.13, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and, That the 2018 Engineering Capital Account 18059 (Victoria Square Boulevard Design) be increased to cover the additional project estimates in the amount of $461,275.89, inclusive of HST, and funded from City Wide Hard Development Charges Reserve, and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled “Proposed Amendments to By-law 2011-232 - A By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill, and Alteration of The Grade of Land within the City of Markham and related amendments to By-law 2016-84 - A By-law to Implement an Administrative Monetary Penalty System for Non-Parking Offences ”, be received; and That the amendments to By-law 2011-232 - A By-law to Regulate or Prohibit Removal of Topsoil, Placing or Dumping of Fill, and Alteration of the Grade of Land with the City of Markham (“Site Alteration By-law”) described in this report and set out in Attachments A to C be approved and enacted; and That the amendments to By-law 2016-84 - A By- law to Implement an Administrative Monetary Penalty System for Non-Parking Offences (“AMPS Non-Parking By-law”) described in this report and set out in Attachment D, be approved and enacted; and further That Staff be authorized and directed to do all things necessary to give effect to this resolution. (By-laws 2021-13 and 2021-14)

That the report of the General Committee be received & adopted. (Items 1 to 3):

That the report entitled “Award of Proposal 054-R-20, Implementation and Support of Lucity Enterprise Asset Management (EAM) Solution and the Lucity EAM Software” be received; and, That the contract 054-R-20 be awarded to the highest ranked/lowest priced bidder, CentralSquare Canada Software for $992,083.68 ($827,232.48 + $164,851.20) inclusive of HST for the implementation and training, $827,232.48 and software license, $164,851.20; and, That a contingency in the amount of $24,707.52 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, That the capital costs of implementation, training, software licenses and contingency be funded from capital project account 400-101-5399-18077, with an available budget of $1,016,791.20; and, That the contract for ongoing support and software maintenance for 10 years be awarded to CentralSquare Canada Software in the amount of $922,574.85 ($406,622.80 + $515,952.05) inclusive of HST, to be funded from 400-400-5361 with a current annual budget of $57,760.00, and subject to Council approval of the 2023-2032 operating budgets in the amounts of: Year 1 (2023) - $ 38,261.76 Year 2 (2024) - $ 89,141.76 Year 3 (2025) - $ 90,668.16 Year 4 (2026) - $ 92,194.56 Year 5 (2027) - $ 93,720.96 Year 6 (2028) - $ 100,185.78* Year 7 (2029) - $ 101,899.47* Year 8 (203

That the report “Award of Contract #195-R-20 Electrical Services for Various City Locations on an As-Required Basis” be received; and, That the contract be awarded to the three (3) highest ranked bidders / lowest priced bidders - Aps Electric, Holley Electric Ltd., and Igman Electric Ltd., in the estimated annual amount of $295,250.00 inclusive of HST impact; and, That Staff be authorized to extend the contract for three (3) additional years. Years 1&2 will be at same itemized pricing, and prices for Years 3&4 will be adjusted at Year 3 in accordance with the consumer price index (CPI) Canada all-items not to exceed a 2% price increase, subject to supplier performance; and, That the contract be funded from various City Departments’ Operating Budgets on an as required basis; and, That the award amounts in 2022 to 2024 be subject to Council approval of the respective year’s operating budgets and that the award amounts be amended to reflect changes to the various departments’ budget accounts as approved by Council during the annual budget process; and, That Staff be authorized to issue three (3) purchase orders for each of the three (3) awarded bidders in an annual amount of $98,470.00 and to reallocate purchase order fund commitments among the three (3) awarded bidders based on actual usage within each term of the contract; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report “Award of Contract #221-T-20 Fire and Life Safety System Inspection, Testing and Repairs” be received; and, That the contract be awarded to the lowest priced bidder, Onyx-Fire Protection Services Inc. in the estimated annual amount of $101,545.23 inclusive of HST; and, That Staff be authorized to extend the contract for an additional 4 years (5 years in total). Year 1-3 will be at same itemized pricing, and prices will be adjusted at Year 4 in accordance with the consumer price index (CPI) Canada all-items not to exceed a 2% price increase, subject to supplier performance; and, That the contract be funded from various City Departments’ operating budgets; and, That the award amounts in 2022 to 2025 be subject to Council approval of the respective annual operating budgets and that the award amounts be amended to reflect changes to the various departments’ budget accounts as approved by Council during the annual budget process; and further, That Staff be authorized and directed to do all things necessary to give effect to this resolution.

That the report entitled, “City of Markham Comments to the Province on a Minister’s Zoning Order request by Mon Sheong Foundation to permit a long-term care facility within a learning centre and assisted living community at 36 Apple Creek Boulevard (Ward 2), File No.: MZO 21 105377”, be received; and, That a future Site Plan Application by Mon Sheong Foundation be required for 36 Apple Creek Boulevard and be subject to approval by the City of Markham; and, That Appendix “E” include the following additional condition: “5. That in Building 1, no residential units shall be located on the east side of the portion of the building fronting on Apple Creek Boulevard.”; and, That the City of Markham support the Minister’s Zoning Order request by Mon Sheong Foundation for the lands at 36 Apple Creek Boulevard, subject to the recommended zoning standards in Appendix “D”, attached to this staff report; and, That this report be forwarded to the Minister of Municipal Affairs and Housing, York Region, and the Toronto and Region Conservation Authority as the City of Markham’s comments on the MZO request by Mon Sheong Foundation for 36 Apple Creek Boulevard; and further, That staff be authorized and directed to all things necessary to give effect to this resolution.

That Council consider the matter of " City of Markham Comments to the Province on a Minister’s Zoning Order request by Mon Sheong Foundation to permit a long-term care facility within a learning centre and assisted living community at 36 Apple Creek Boulevard (Ward 2), File No.: MZO 21 105377”, immediately following Communications, with respect thereto.

That Council consider the matter of City of Markham Comments to the Province on a Minister’s Zoning Order request by Flato Developments Inc. to permit residential development on lands at 5474 and 5662 19th Avenue (Ward 6)" , immediately following Communications, with respect thereto.

Whereas the COVID-19 pandemic has presented significant and ongoing public health challenges to Canada which has resulted in a prolonged economic slowdown and created substantial financial pressures to most industry sectors; and, Whereas this unprecedented environment of economic uncertainty has directly and disproportionately impacted small independent businesses, particularly those businesses in the service industry including hospitality and tourism related businesses; and, Whereas small businesses make up 98% of all employers in Markham and are a key driver of local economies and are foundational to thriving communities; and, Whereas the ongoing uncertainty of recovery timing and the expectation that a full recovery may take several years, for small business to survive the pandemic, it is essential for businesses to have an online presence to sell their goods and services; and, Whereas Markham is a municipal leader in Canada’s innovation corridor and was the first municipality to endorse the Digital Main Street ShopHERE program launched in May 2020 to assist small businesses with ecommerce and online sales; and, Whereas the Digital Main Street Program has been a critical support to local businesses during COVID-19 and more than 440 Markham small businesses and artists have applied for support from ShopHERE since the program was launched; and, Whereas existing Federal and Provincial funding support for ShopHERE is ending as of March 2021; and, Now therefore be it resolved:

That By-laws 2021-12 to 2021-15 be given three readings and enacted.

That, in accordance with Section 239 (2) of the Municipal Act , Council resolve into a private session to discuss the following confidential matters at 3:10 pm: 14.1 COUNCIL 14.1.1 APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - JANUARY 26, 2021 (10.0) 14.2 GENERAL COMMITTEE - JANUARY 18, 2021 14.2.1 A PROPOSED OR PENDING ACQUISITION OR DISPOSITION OF LAND BY THE CITY OR LOCAL BOARD; PROPOSED ACQUISITION OF REAL PROPERTY (8.6) [SECTION 239 (2) (c)] 14.3 NEW/ OTHER BUSINESS 14.3.1 LITIGATION OR POTENTIAL LITIGATION, INCLUDING MATTERS BEFORE ADMINISTRATIVE TRIBUNALS, AFFECTING THE MUNICIPALITY OR LOCAL BOARD; LPAT APPEAL – 69 ROBINSON STREET (8.0) [SECTION 239 (2) (e)]

That Council rise from Confidential session at 3:15 PM.

That the confidential Council minutes of January 26, 2021, be adopted.

That the confidential presentation on a proposed or pending acquisition or disposition of land by the City or local board; be received; and, That staff be authorized and directed to do all things necessary to give effect to this resolution.

That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, 69 Robinson Street , be received; and, That Council direct the City Solicitor and staff not to attend the Local Planning Appeal Tribunal (“LPAT”) hearing regarding the appeal of the decision of the Committee of Adjustment (the “Committee”) denying the requested minor variance application to permit an increase to the maximum building height, floor area ratio, and building depth for a proposed two-storey detached dwelling, subject to imposing the following conditions of approval as set out below in the event that the LPAT allows the variance: The variances apply only to the proposed development as long as it remains; That the variances apply only to the subject development, in substantial conformity with the plans attached as Appendix “B” to the Staff Report, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction; Submission of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in accordance with the City’s Streetscape Manual (2009), as amended, to be reviewed and approved by the City, and that the Secretary-Treasurer receive written confirmation from the Tree Preservation Technician or Director of Planning & Urban Design that this condition has been fu

That By-law 2021-16 be given three readings and enacted. Three Readings BY-LAW 2021-16 A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 9, 2021. No attachment

That the Council meeting be adjourned at 3:17 p.m.

1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes: a. Black History Month - February 2021 b. Heritage Week - February 15 - 21, 2021 c. World Lymphedema Day - March 6, 2021 5 d. International Day for the Elimination of Racial Discrimination - March 21, 2021

1. That the report entitled “South Park Road & Saddle Creek Drive Proposed All-way Stop (Ward 8)” be received; and 2. That Schedule 12 of Traffic By-law 106-71, pertaining to compulsory stops, be amended to include all approaches to the intersection of South Park Road and Saddle Creek Drive; and 3. That the Operations Department be directed to install the appropriate signs and pavement markings at the subject location; and 4. That the cost of materials and installation for the traffic signs and pavement markings in the amount of $1,000, be funded from capital project account #083-5350-21178-005 (Traffic Operational Improvements); and 5. That York Region Police be requested to enforce the all-way stop control upon installation of these stop signs and passing of the By-law; and further 6 6. That staff be authorized and directed to do all things necessary to give effect to this resolution. (By-law 2021-12)

1. That the report titled “RECOMMENDATION REPORT, Leporis Construction Inc., Applications for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Leporis Construction Inc. at 2705 and 2755 Elgin Mills Road East to facilitate the development of the subject lands for employment uses (Ward 2)” be received; and, 2. That Zoning By-law Amendment application (ZA 16 137567) submitted by Leporis Construction Inc. be approved and the implementing by-law attached as Appendix ‘B’ be finalized and enacted without further notice; and, 3. That Draft Plan of Subdivision application (SU 16 137567) submitted by Leporis Construction Inc. be approved subject to the conditions outlined as Appendix ‘A’; and, 4. That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft plan approval, subject to the conditions set out as Appendix ‘A’, as may be amended by the Director of Planning and Urban Design or designate; and, 5. That draft plan approval for Plan of Subdivision 19TM-18009 will lapse after a period of three (3) years from the date of issuance in the event that a subdivision agreement is not executed within that period; and, 7 6. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary

1. That the report entitled “Victoria Square Boulevard – Detailed Design Update and Purchase Order Increase Request (Ward 2)” be received; and, 2. That Purchase Order PD 19403 issued to Ainley & Associates for the detailed design of Victoria Square Boulevard reconstruction be increased by $371,943.33, inclusive of HST, to cover the additional design work required for the project; and, 3. That Purchase Order PD 19404 for the contingency of the detailed design of Victoria Square Boulevard reconstruction be increased by $37,193.43, inclusive of HST, to cover any additional design work required for the project 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 Engineering Department Capital Administration Fee in the amount of $52,148.13, inclusive of HST, be transferred to revenue account 640-998-8871 (Capital Admin Fees); and, 5. That the 2018 Engineering Capital Account 18059 (Victoria Square Boulevard Design) be increased to cover the additional project estimates in the amount of $461,275.89, inclusive of HST, and funded from City Wide Hard Development Charges Reserve, and further, 8 6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. That the report entitled “Award of Proposal 054-R-20, Implementation and Support of Lucity Enterprise Asset Management (EAM) Solution and the Lucity EAM Software” be received; and, 2. That the contract 054-R-20 be awarded to the highest ranked/lowest priced bidder, CentralSquare Canada Software for $992,083.68 ($827,232.48 + $164,851.20) inclusive of HST for the implementation and training, $827,232.48 and software license, $164,851.20; and, 3. That a contingency in the amount of $24,707.52 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 capital costs of implementation, training, software licenses and contingency be funded from capital project account 400-101- 5399-18077, with an available budget of $1,016,791.20; and, 5. That the contract for ongoing support and software maintenance for 10 years be awarded to CentralSquare Canada Software in the amount of $922,574.85 ($406,622.80 + $515,952.05) inclusive of HST, to be funded from 400-400-5361 with a current annual budget of $57,760.00, and subject to Council approval of the 2023-2032 operating budgets in the amounts of:  Year 1 (2023) - $ 38,261.76  Year 2 (2024) - $ 89,141.76 10  Year 3 (2025) - $ 90,668.16  Year 4 (2026) - $ 92,194.56  Year 5 (2027) - $ 93,720.96  Year 6 (2028) - $ 100,185.78*  Year 7 (

13 1. That the report entitled, “City of Markham Comments to the Province on a Minister’s Zoning Order request by Mon Sheong Foundation to permit a long-term care facility within a learning centre and assisted living community at 36 Apple Creek Boulevard (Ward 2), File No.: MZO 21 105377”, be received; and, 2. That a future Site Plan Application by Mon Sheong Foundation be required for 36 Apple Creek Boulevard and be subject to approval by the City of Markham; and, 3. That Appendix “E” include the following additional condition:“5. That in Building 1, no residential units shall be located on the east side of the portion of the building fronting on Apple Creek Boulevard.”; and, 4. That the City of Markham support the Minister’s Zoning Order request by Mon Sheong Foundation for the lands at 36 Apple Creek Boulevard, subject to the recommended zoning standards in Appendix “D”, attached to this staff report; and, 5. That this report be forwarded to the Minister of Municipal Affairs and Housing, York Region, and the Toronto and Region Conservation Authority as the City of Markham’s comments on the MZO request by Mon Sheong Foundation for 36 Apple Creek Boulevard; and further, 6. That staff be authorized and directed to all things necessary to give effect to this resolution.

1. That the report entitled, “City of Markham Comments to the Province on a Minister’s Zoning Order request by Flato Developments Inc. to permit residential development on lands at 5474 and 5662 19th Avenue (Ward 6)”, dated February 8, 2021, be received; 2. That the deputations from Peter Miasek, Alexis Edghill Whalen, Ellen Reesor, Marilyn Ginsburg; Matthew Rock, Richard Reesor, Jay Reesor, Valerie Burke, be received; and, 3. That the City of Markham supports the revised Minister’s Zoning Order request by Flato Developments Inc. as presented to Development Services Committee on February 8, 2021, for 5474 and 5662 19th Avenue, to permit 219 single-detached dwellings, 197 townhouses, 200 purpose built rental apartment units, and two parks each at 0.8 hectares, subject to the following conditions: a. That an additional four acres of parkland above and beyond the parkland dedication required under the Planning Act be provided for a serviced park, and that Flato Developments Inc. agrees to 15 provide up to 50 percent or $1 million, whichever is greater, of the capital cost for construction of the park; b. That an additional 100 affordable rental units be provided as defined under the York Region Official Plan, 2010, and include accessibility features to the satisfaction of the City of Markham; c. Ensure that all technical studies normally required as part of a re- zoning application, including but not limited to, an Environmental Impact Study be submitted to the satisfaction of t

1. That the confidential report on litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board -LPAT Appeal, 69 Robinson Street, be received; and, 2. That Council direct the City Solicitor and staff not to attend the Local Planning Appeal Tribunal (“LPAT”) hearing regarding the appeal of the decision of the Committee of Adjustment (the “Committee”) denying the requested minor variance application to permit an increase to the maximum building height, floor area ratio, and building depth for a proposed two-storey detached dwelling, subject to imposing the following conditions of approval as set out below in the event that the LPAT allows the variance: a. The variances apply only to the proposed development as long as it remains; b. That the variances apply only to the subject development, in substantial conformity with the plans attached as Appendix “B” to the Staff Report, and that the Secretary-Treasurer receive written confirmation from the Director of Planning and Urban Design or designate that this condition has been fulfilled to his or her satisfaction; c. Submission of a Tree Assessment and Preservation Plan, prepared by a qualified arborist in accordance with the City’s Streetscape Manual (2009), as amended, to be reviewed and approved by the City, and that the Secretary-Treasurer receive written confirmation from the Tree Preservation Technician or Director of Planning & Urban Design that this conditi

That the Council meeting be adjourned at 3:17 p.m. 24