Regular Meeting of Council
Agenda

Meeting #:
Date:
Time:
-
Location:
Hybrid meeting- virtual and Council Chambers, City Hall

Council meetings are hybrid, allowing members of Council, city Staff and the public the option of participating remotely, or in person. The meeting  is live streamed, and posted to the city’s website. For further information please contact clerks@burlington.ca

1.
Call to Order:

 

2.
Land Acknowledgement:

 

Burlington as we know it today is rich in history and modern traditions of many First Nations and the Métis. From the Ah-nish-nah-beg (Anishinaabeg) to the Ho-den-oh-sho-nee (Haudenosaunee), and the Métis – our lands spanning from Lake Ontario to the Niagara Escarpment are steeped in Indigenous history. The territory is mutually covered by the Dish with One Spoon Wampum Belt Covenant, an agreement between the Iroquois Confederacy, the Ojibway and other allied Nations to peaceably share and care for the resources around the Great Lakes. We would like to acknowledge that the land on which we gather is part of the Treaty Lands and Territory of the Mississaugas of the Credit.

3.
National Anthem:

 

4.
Regrets:

 

5.
Approval of the Agenda:

 

6.
Declarations of Interest:

 

7.
Proclamations:

 

8.
Recognitions and Achievements:

 

9.
Presentations:

 

10.
Motion to approve Council Minutes:

 

  • Confirm the minutes of the following meeting of Council:

11.
Delegations:

 

In order to speak at a Council meeting, Individuals must register as a delegation no later than noon the day before the meeting. To register, complete the online application at www.burlington.ca/delegation or by submitting a written request by email to the Office of the City Clerk at clerks@burlington.ca


If you do not wish to delegate, but would like to submit feedback, please email your comments to clerks@burlington.ca by noon the day before the meeting. Your comments will be circulated to Council members in advance of the meeting and will be attached to the minutes, forming part of the public record.

12.
Petitions:

 

13.
Recommendations from Standing Committees:

 

13.1
Committee of the Whole meeting of June 10 and 11, 2024

 

a.
Major Transit Station Area (MTSA) Official Plan Amendment 2 and Community Planning Permit By-law (PL-03-24, SD-12-24)

 

Item 20.1 provides supplemental information regarding this item.

  • Adopt Official Plan Amendment No. 2 to the City of Burlington Official Plan, 2020, substantially in the form provided in Appendix A of community planning department report PL-03-24; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 2; and

    Deem that Section 17(21) of the Planning Act has been met; and

    Approve, in principle, the Major Transit Station Area Community Planning Permit By-law provided in Appendix B of community planning department report PL-03-24; and

    Direct staff to make the necessary refinements to the Major Transit Station Area Community Planning Permit By-law, including any changes to reflect any modifications as a result of Ministerial approval; and

    Direct the Director of Community Planning to report back at the July cycle of COW regarding the Community Improvement Plan (CIP) terms of reference as it relates to reflect the City’s unit mix endorsed in the Housing Strategy (three bedroom units). (SD-12-24)

b.
City-initiated amendment to Zoning By-law 2020 - residential parking standards for Fairview Street/Plains Road and Appleby Line corridors (PL-45-24)

 

Item 20.2 provides supplemental information regarding this item.

  • Approve the proposed amendments to Zoning By-law 2020 as provided in revised Appendix A of community planning department memo to report PL-45-24; and

    Enact By-law 2020.478 as contained in revised Appendix A of community planning department memo to report PL-45-24; and

    Deem that the amending Zoning By-law will conform to the Official Plan for the City of Burlington.

c.
Ontario Integrated Vehicle Safety Inspection Program update - DriveON (RPF-06-24) (EICS)

 

  • Approve the City of Burlington’s enrollment in the new DriveON program to permit the City to continue providing internal motor vehicle safety inspections and certifications for Corporate Fleet, Transit and Fire as outlined in roads, parks and forestry department report RPF-06-24; and

    Authorize the Director of Roads, Parks and Forestry to execute on behalf of the City Burlington the performance contract and any associated agreements or amendments, between City or Burlington and the Province of Ontario or any third-party vendors approved or required by the Province of Ontario in connection with the DriveON program, including any equipment purchase agreement(s) and/or pre-authorized payment agreements required for the DriveON Program, to the satisfaction of the Chief Financial Officer, the Manager of Procurement Services, and the Executive Director of Legal Services and Corporation Counsel.

d.
Motion Memorandum regarding lease rate reduction for Not for Profit groups (COW-16-24)

 

  • Authorize and direct the Executive Director of Legal Services and Corporation Counsel to prepare and present to Council for enactment a by-law amending By-law 71-2023, the Delegated Authority By-law, Schedule F, Legal Services & Real Estate, Section 14 Leases and Licenses, to permit a rental rate reduction of 20% of fair market value for  office leases and licenses with qualifying not-for-profit Team Burlington tenants within 414 Locust Street to the satisfaction of Legal, Realty Services, and Recreation Services.

e.
Multi-Year Community Investment Plan – financing plan update report (F-24-24)

 

  • Endorse in principle the 10-year financial strategy presented in finance department report F-24-24; and

    Direct the Chief Financial Officer to report back as part of the annual budget process, as required on updates to the Multi-Year Community Investment Plan, subject to the availability of future funding opportunities and significant changes in infrastructure needs.

f.
2025 financial needs and multi-year forecast (Financial Forecast) (F-25-24)

 

Item 20.3 provides supplemental information regarding this item.

  • Receive the 2025 Financial Forecast as a budget reference document; and

    Request the Mayor and Members of Council to consider the contents of the 2025 Financial Forecast including related appendix when preparing and reviewing the 2025 Proposed Budget.

g.
Amendment to Business Licensing By-law 42-2008 (BL-05-24) (CPRM)

 

  • Approve the amendment to By-law 42-2008, a by-law to provide for the licensing, regulating and governing of various businesses in the City of Burlington, in order to clarify powers of inspection related to enforcement, as attached as Appendix A to by-law compliance department report BL-05-24, in a form satisfactory to the Director of Legal Services and Corporation Counsel.

h.
2024 Integrated Halton Planning System Memorandum of Understanding (PL-47-24) (CPRM)

 

  • Receive and file community planning department report PL-47-24 regarding 2024 Integrated Halton Planning System Memorandum of Understanding.

i.
Live and Play Plan – recommendations for future recreation infrastructure needs (RCC-12-24)

 

Item 20.4 provides supplemental information regarding this item.

  • Endorse in principle the Live and Play Plan as presented in Appendix A of recreation, community, and culture department report RCC-12-24 as the guiding document for the future development of park, recreation, and cultural facilities; and

    Direct the Director of Recreation, Community and Culture to update the plan every five years by way of a council report; and

    Direct the Director of Recreation, Community and Culture to report back on an implementation plan for the recommendations in recreation, community and culture department report RCC-12-24, a partnership policy and funding options in Q3 2024.

j.
Approval of a Festivals and Events Policy (RCC-13-24)

 

Item 20.5 provides supplemental information regarding this item.

  • Approve the Festivals and Events Policy in Appendix A of recreation, community and culture department report RCC-13-24; and

    Direct the Director of Recreation, Community and Culture to apply the Festivals and Events Policy and phased implementation of the event selection criteria as listed in recreation, community and culture department report RCC-13-24; and

k.
Greening the Crosstown Trail (RPF-04-24)

 

  • Direct the Director of Roads, Parks and Forestry to proceed with a pilot program for Greening the Crosstown Trail from Guelph Line to Fisher Ave, as detailed within Option 1 of roads, parks and forestry department report RPF-04-24; and

    Authorize the Director of Roads, Parks, and Forestry to pursue a grant application through the Canadian Wildlife Federation to offset any and all project related costs; and

    Direct the Acting Chief Financial Officer to allocate $40,750 from capital account PR0122 and $75,000 from the Tree Establishment and Enhancement Reserve to cover implementation costs for the pilot program.

l.
Confidential real estate matter - property lease and management (L-12-24)

 

Pursuant to Section 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

  • Instruct the Manager of Realty Services to proceed in accordance with the instructions sought in confidential legal department report L-12-24.

m.
Confidential real estate matter property update (L-22-24)

 

Pursuant to Section 239(2)(k), a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

  • Instruct the Manager of Realty Services to proceed in accordance with the instructions sought in confidential legal department report L-22-24.

n.
Confidential post secondary attraction update (CM-08-24)

 

Pursuant to Section 239(2)(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them.

  • Endorse the confidential recommendation contained in City Manager’s Office report CM-08-24 providing an update on post-secondary attraction.

o.
Confidential triannual litigation update report (L-20-24)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board 

  • Direct the Executive Director of Legal Services or his designate to proceed in accordance with the instructions sought in matters 15, 17, 29, 30, 37, 41, 44, 45, and 47 and that the balance of L-20-24 be received and filed.

p.
Confidential status report on the Contingency Reserve - April 30, 2024 (F-18-24)

 

Pursuant to Section 239(2)(e) of the Municipal Act, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board 

  • Receive confidential finance department report F-18-24 providing the status report on the contingency reserve – April 30, 2024.

13.2
Audit Committee meeting of June 12, 2024

 

a.
Status of Management Action Plans (CA-08-24)

 

  • Receive city auditor’s office report CA-08-24 providing a summary of the Management Action Plans in progress.

b.
Quarterly dashboard for office of the city auditor (CA-09-24)

 

  • Receive office of the city auditor’s report CA-09-24 providing a quarterly dashboard of City Auditor Key Performance Indicators (KPI’s) attached as Appendix A.

c.
Approval of the 2023 consolidated financial statements as audited by Deloitte LLP. (F-20-24)

 

  • Approve the 2023 consolidated financial statements for the City of Burlington as audited by Deloitte LLP attached to finance department report F-20-24 as Appendix A; and

    Approve the 2023 financial statements for the trust funds of the City of Burlington as audited by Deloitte LLP attached to finance department report F-20-24 as Appendix B; and

    Authorize the Acting Chief Financial Officer to publish the statements on the City’s website.

d.
Audit Committee terms of reference - update (CL-13-24)

 

  • Rescind the Audit Committee terms of reference approved in December 2021 found in office of the city clerk’s report CL-35-21; and

    Approve the revised Audit Committee terms of reference attached to office of the city clerk’s report CL-13-24, as Appendix B.

e.
Anti-Fraud Information & Education Program - update (CA-10-24)

 

  • Receive office of the city auditor’s report CA-10-24 regarding an update of the Anti-Fraud Information & Education Program.

f.
Internal Audit Charter - update (CA-11-24)

 

  • Approve the updated Internal Audit Charter attached as Appendix B of city auditor’s office report CA-11-24.

13.3
Pipeline to Permit Committee of June 13, 2024

 

a.
Pay-On-Demand Development Bonds (F-13-24)

 

  • Approve a five (5) development pilot program approach to accepting Pay-on-Demand development bonds that considers a number of bonds per developer and maximum bond amount that is satisfactory to the CAO; and

    Direct the Chief Financial Officer to maintain a waitlist of additional developments above the five accepted and report back monthly to the Pipeline to Permit Committee on the additional developments; and

    Direct the Chief Financial Officer to develop a pay-on-demand bond template and pay-on-demand development Bond Policy in accordance with the approved five (5) pilot program, in a form satisfactory to the Executive Director of Legal and Corporation Counsel, as outlined in this report for Council approval by Fall 2024; and

    Direct the Executive Director of Legal and Corporation Counsel to ensure that Site Plan Agreements for developments participating in the pilot program recognize pay-on-demand development bonds as an acceptable form of security, as recommended in this report; and

    Direct the Chief Financial Officer to report back in one (1) year, or earlier subject to provincial legislation or pilot program demand with a summary of challenges and future consideration for on-going acceptance of Pay-On-Demand development bonds or pilot program expansion; and

    Direct the Chief Financial Officer to connect with the industry and report back to the Pipeline to Permit Committee by the end of Q4 2024 on how to incorporate the option of transferring letters of credit to surety bonds.

14.
Motion to Approve Standing Committee Minutes:

 

  • Approve the following minutes:

15.
Urgent Business:

 

15.1
Recommendation Report for Official Plan and Zoning By-law Amendments for 1120 Cooke Blvd (PL-57-24) (PL-04-24)

This item has attachments. 
1.PL-57-24 Applications for Official Plan Amendment and Zoning By-law Amendment for 1120 Cooke Blvd.pdf
2.1120 Cooke - SLR opinion letter 24-06-07.pdf
3.PL-04-24 Recommendation Report for Official Plan and Zoning By-law Amendments for 1120 Cooke Blvd.pdf

  • Approve the recommendations of Community Planning Department report PL-04-24.

  • Approve the applications submitted by WND Associates Ltd., on behalf of Adi Development Group, to amend the Official Plan and Zoning By-law to permit a mixed-use development comprising three tall buildings with maximum heights of 34, 32, and 30 storeys; and

    Approve Official Plan Amendment No. 142 to the City of Burlington Official Plan, as provided in Appendix B of community planning department report PL-04-24, to introduce new site-specific policies for the subject lands; and

    Deem that Section 17(21) of the Planning Act has been met; and

    Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 142 as contained in Appendix B of community planning department report PL-04-24 to be presented for approval at the same time as the associated by-law to amend Zoning By-law 2020, as amended, for the development proposal (505-01/22); and

    Approve Zoning By-law 2020.472, attached as Appendix C of community planning department report PL-04-24, to rezone the lands located at 1120 Cooke Boulevard from “MXC-26” (Mixed-Use Corridor – Commercial with site-specific exception 26) to “H-MXC-531” (Mixed-Use Corridor – Commercial with a Holding “H” prefix and site-specific exception 531); and

    State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 142 is adopted; and

    Deem that the lands described as 1120 Cooke Boulevard are classified as a Class 4 area as defined by the Ontario Ministry of Environment, Conservation, and Parks NPC-300 Environmental Noise Guidelines.

15.2
Appointments to Advisory Committee (CL-14-24)

This item has attachments. 
1.CL-14-24 Appointments to Advisory Committees.pdf

  • Approve the appointments to the Burlington Cycling Advisory Committee, as outlined in confidential appendix A of office of the city clerk report CL-14-24 and following approval from Council make the recommended names for appointments public.

16.
Confidential Items and Closed Session:

 

Confidential reports may require a closed meeting in accordance with the Municipal Act, 2001. Meeting attendees may be required to leave during  the discussion.

16.1
Motion to approve confidential closed session minutes:

 

  • Confirm the following closed session minutes.

a.
Confidential closed session minutes for the Committee of the Whole meeting of June 10 and 11, 2024

 

b.
Confidential closed session minutes for Council Workshop meeting of May 16, 2024

 

16.2
Confidential Appendix A of CL-14-24

 

17.
Rise and Report:

 

18.
Motions of Members:

 

19.
Council Information Package:

 

20.
Motion to Receive and File Information Items:

 
  • Receive and file Information items, having been considered by Council:

20.1
Memorandum from staff, Modified Official Plan Amendment No. 2 to the City of Burlington Official Plan, 2020 to replace Appendix A (PL-03-24)

This item has attachments. 
1.Modified Official Plan Amendment No. 2 to the City of Burlington Official Plan, 2020 to replace Appendix A PL-03-24.pdf
2.Memo Appendix A OPA 2_MTSA_final_June 18_clean.pdf
3.Memo Appendix B OPA 2_MTSA_final_June 18_ Staff responses to submissions.pdf
4.Memo Appendix C OPA 2_MTSA_final_June 18 redlined.pdf

This item provides supplemental information regarding item 13.1 a.

20.2
Revised Appendix A to Report PL-45-24 - Draft Zoning By-law amendment

This item has attachments. 
1.PL-45-24 Memo to Council_Revised Appendix A to Report PL-45-24.pdf
2.PL-45-24 Revised Appendix A_Draft Zoning By-law Amendment 2020.478.pdf

This item provides supplemental information regarding item 13.1 b.

20.3
Memorandum from staff regarding 2024 Financial Forecast Report (F-25-24)

This item has attachments. 
1.Memorandum from staff regarding 2024 Financial Forecast Report F-25-24.pdf

This item provides supplemental information regarding item 13.1 f.

20.4
Memorandum from staff regarding Live and Play Plan – recommendations for future recreation infrastructure needs (RCC-12-24)

This item has attachments. 
1.RCC-12-24 Memorandum from staff regarding Live and Play Plan recommendations for future recreation infrastructure needs.pdf

This item provides supplemental information regarding item 13.1 i.

20.5
Memorandum from staff regarding Approval of a Festivals and Events Policy (RCC-13-24)

This item has attachments. 
1.RCC-13-24 Memorandum from staff regarding Approval of festivals and events policy.pdf

This item provides supplemental information regarding item 13.1 j.

20.6
Correspondence from Arcadis Professional Services regarding Major Transit Station Area (MTSA) Official Plan Amendment 2 and Community Planning Permit By-law (PL-03-24)

This item has attachments. 
1.PL-03-24 Correspondence from Arcadis Professional Services regarding MTSA OPA and Community Planning Permit By-law.pdf

20.7
Correspondence from Fasken Martineau DuMoulin LLP regarding (MTSA) Official Plan Amendment 2 (PL-03-24)

This item has attachments. 
1.Correspondence from Fasken Martineau DuMoulin LLP regarding (MTSA) Official Plan Amendment 2 PL-03-24 .pdf

21.
Notice of Motion:

 

22.
Motion to Approve By-Laws:

 

  • Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below:

22.1
45-2024: A by-law to adopt Official Plan Amendment No. 2 to establish a vision for the City’s Major Transit Station Areas and enable the implementation of a Community Planning Permit System in the three Major Transit Station Areas.

This item has attachments. 
1.45-2024 - MTSA OPA No. 2v2.pdf

Report PL-03-24, Committee of the Whole June 10 and 11, 2024

22.2
46-2024: A by-law to amend By-law 42-2008 being a by-law to provide for the licensing, regulating and governing of various businesses in the City of Burlington, as amended.

This item has attachments. 
1.46-2024 Amendment to Business Licensing By-law (BL-05-24).pdf

Report BL-05-24, Committee of the Whole June 10 and 11, 2024

22.3
2020.478: A by-law to amend By-law 2020, as amended, to update parking standards for lands identified along the Fairview Street, Plains Road and Appleby Line Corridors.

This item has attachments. 
1.2020.478.pdf

Report PL-45-24, Committee of the Whole June 10 and 11, 2024

22.4
14-2024: A by-law to adopt Official Plan Amendment No. 142 to permit a mixed-use development comprising three tall buildings of maximum 30, 32, and 34 storeys with 1165 residential units and ground-level non-residential uses at 1120 Cooke Boulevard.

This item has attachments. 
1.14-2024 Official Plan Amendment 142.pdf

Report PL-04-24, PL-57-24 Committee of the Whole March 5, 2024 and Council June 18, 2024

22.5
2020.472: A by-law to amend By-law 2020, as amended; for 1120 Cooke Boulevard,for the purpose of facilitating the mixed-use development of three residential towers of maximum heights of 30, 32, and 34 storeys.

This item has attachments. 
1.2020.472 - 1120 Cooke Blvd.pdf

Report PL-04-24, PL-57-24 Committee of the Whole March 5, 2024 and Council June 18, 2024

23.
Confirmatory By-law:

This item has attachments. 
1.47-2024 Confirming by-law Council .pdf

  • Enact and pass By-law Number 47-2024 being a by-law to confirm the proceedings of Council at its meeting held June 18, 2024 being read a first, second and third time.

24.
Statements by Members:

 

25.
Motion to Adjourn:

 

  • Adjourn this Council now to meet again at the call of the Mayor.

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