Regular Meeting of Council
Revised Agenda

Meeting #:

Date:

Tuesday, December 10, 2024

Time:

9:30 A.m. - 5:30 P.m.

Location:

Council Chambers, City Hall, second floor

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

---

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 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.

Roll Call:

5.

Approval of the Agenda:

6.

Declarations of Interest:

7.

Proclamations:

8.

Recognitions and Achievements:

9.

Motion to approve Council Minutes:

• Confirm the minutes of the following meeting of Council:

9.1

Regular meeting of Council November 19, 2024

9.2

Special meeting of Council November 25, 2024

10.

Presentations:

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

If you do not wish to delegate, but would like to submit feedback, please email your comments to 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.

11.1

Paul Fleming will speak regarding Zoning By-law Amendment for 759 Maple Avenue (PL-88-24)

11.2

Anne and Dave Marsden will speak regarding Evaluation of Audit Committee effectiveness (CA-18-24)

12.

Petitions:

13.

Recommendations from Standing Committees:

13.1

Committee of the Whole meeting of December 2 and 3, 2024

a.

Update on organization’s strategy and business planning process (CS-09-24) (CCS)

• Receive for information corporate strategy report CS-09-24, an update on the organization’s efforts to date, and the approach and plan for corporate strategy development and alignment of business planning processes into 2025.

b.

Temporary Borrowing By-law (F-31-24) (CCS)

• Approve the by-law attached as Appendix A to finance department report F-31-24, to authorize the temporary borrowings of monies from the Royal Bank of Canada and Scotiabank to meet the ordinary expenditures of the corporation for the 2025 fiscal year; and

  Authorize the Mayor and City Clerk to execute the security agreement attached as Appendix B to finance department report F-31-24, subject to the satisfaction of the Commissioner, Legal and Legislative Services/City Solicitor.

c.

2025 Interim Tax Levy By-law (F-33-24) (CCS)

• Approve the by-law attached as Appendix A to finance department report F-33-24 which provides for the levy of the 2025 Interim taxes.

d.

2024 to 2025 group benefits renewal (HR-08-24) (CCS)

• Renew Sun Life as the provider for the City’s group benefits plan including extended health, dental, long-term disability and life insurance for the benefit year December 1, 2024 to November 30, 2025 as outlined in human resources department report HR-08-24.

e.

Municipal Accommodation Tax (MAT) update - proposed 2025 projects (RCC-18-24) (CCS)

• Approve the recreation, community and culture department report RCC-18-24 providing the Municipal Accommodation Tax (MAT) update - proposed 2025 projects; and

  Authorize the Chief Financial Officer to fund the projects identified in report RCC-18-24 with the City’s Municipal Accommodation Tax Reserve Fund; and

  Direct the Director of Recreation, Community and Culture in collaboration with the Executive Director of Burlington Economic Development and Tourism Burlington to investigate the feasibility of implementing MAT for short-term accommodations and report back by the end of Q2 2025.

f.

Amendment to Procedure By-law 59-2024 (CL-26-24) (CCS)

• Enact a by-law to amend Procedure By-law No. 59-2024, substantially attached as Appendix A to legislative services department report CL-26-24.

g.

Seasonal outdoor patio program update (PL-77-24) (GM)

• Receive for information community planning department report PL-77-24 as an update on the Burlington seasonal outdoor patio program.

h.

2024 Community Benefits Strategy and By-law (F-05-24)

Note: Item 20.6 provides supplemental information regarding this item.

• Approve the Community Benefits Charge Strategy dated November 4, 2024, attached as Appendix A, to finance department report F-05-24; and

  Adopt the approach to calculate the community benefit charges on a uniform city-wide basis as set out in the Community Benefits Charge Strategy dated November 4, 2024; and

  Approve the capital project listing set out in Chapter 4 of the Community Benefits Charge Strategy dated November 4, 2024, subject to further annual review during the capital budget process; and

  Determine that no further public consultation is required; and

  Approve the By-law, as amended, to establish Community Benefits Charges for the City of Burlington, as set out in Appendix B to finance department report F-05-24, and repeal By-law 66-2022.

i.

Fare-free Transit Study (TR-02-24, SD-19-24)

• Receive for information, the results of the Burlington study to explore fare-free transit, completed by consultants Left Turn Right Turn attached as Appendix A to transit department report TR-02-24; and 

  Direct the Director of Transit to report back on the implementation to cap the monthly fare for youth at $38 or 20 rides by the December 10, 2024 Council meeting ; and

  Direct the Director of Transit to report back on the feasibility of implementing a pilot project for fare-free transit for youth in the 2025 summer (July and August) by the February 10, 2025 Committee of the Whole meeting; and

  Direct the Director of Transit to include the information from the Fare-free Transit Study report in the Transit Business Plan. (SD-19-24)

j.

Council Composition and Ward Boundary Review interim report (CL-27-24)

• Direct the Consultant Team to investigate and recommend council composition and ward boundary options where all councillors are local and regional councillors, as it relates to legislative services department report CL-27-24.

  
  
  

k.

Update on strategic initiatives and organizational services (CM-10-24)

• Receive for information chief administrative officer report CM-10-24 providing an update on strategic initiatives and organizational services.

l.

Council Remuneration (HR-09-24, SD-18-24)

• Receive for information human resources department report HR-09-24 regarding council remuneration; and

• Repeal By-law No. 129-2006, a by-law to set the remuneration to be paid to the Mayor and Members of Council; and

• Direct the City Clerk to bring back a Terms of Reference to constitute the Council Remuneration Working Group in Q1 2025. (SD-18-24)

m.

Seeking project endorsement for Community Sport and Recreation Infrastructure Fund (RCC-17-24)

• Direct the Director of Recreation, Community and Culture to work with government relations to apply to stream two of the Community Sport and Recreation Infrastructure Fund (CSRIF) for the re-development of the west side of Sherwood Forest Park as outlined in recreation, community and culture report RCC-17-24.

n.

Flood hazard impacts and mitigation assessment (ES-04-24)

• Receive for information engineering services department report ES-04-24 regarding the flood hazard impacts and mitigation assessment.

o.

Bronte Creek Meadows Area-Specific Planning Project update and proposed policy directions (PL-81-24)

• Endorse the policy directions contained in community planning department report PL-81-24 to guide the development of the Bronte Creek Meadows Area Specific Plan; and

  Direct the Director of Community Planning to continue work on the Bronte Creek Area Specific Plan in coordination with the landowner and communicate and engage with the public on the proposed policy directions and area specific plan framework.

p.

Confidential legal update on litigation matter regarding Nelson Aggregate Co. appeals (L-29-24)

• Receive for information confidential legal department report L-29-24 providing a legal update on a litigation matter regarding appeals by Nelson Aggregate Co.

q.

Draft Official Plan and Zoning By-law Amendments to increase housing options (PL-92-24)

• Direct the Director of Community Planning to consider Council, agency, and community feedback received as part of this statutory public meeting, prior to bringing forward a subsequent staff report recommending adoption of Official Plan Amendment No. 3 and a Zoning By-law Amendment in January 2025.

r.

Official Plan and Zoning By-law Amendments for 141, 147 and 153 Plains Road West (PL-90-24)

Note: Item 20.4 provides supplemental information regarding this item.

• Approve the applications for Official Plan Amendment and Zoning By-law Amendment submitted by Goldberg Group on behalf of 2412947 Ontario Ltd, Dr. Laith Al-Dabbagh and 2381798 Ontario Ltd. proposing a 12-storey mixed use building; and

  Approve Official Plan Amendment No. 154 to the City of Burlington Official Plan, as provided in Appendix D of community planning department report PL-90-24, to modify the “Mixed Use General” Designation at the lands located at 141, 147 and 153 Plains Road West; and

  Deem that the Official Plan Amendment No. 154 is consistent with The Planning Act; and

  Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 154 as contained in Appendix D to community planning department report PL-90-24 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; and

  Approve Zoning By-law 2020.492, attached as Appendix E to community planning department report PL-90-24, to rezone the lands at 141, 147 and 153 Plains Road West from “MXG” to “H-MXG-545”; and

  Deem that Zoning By-law 2020.492 will conform to the Official Plan of the City of Burlington once Official Plan Amendment No. 154 is adopted; and

  State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 154 is adopted; and

  Deem that the lands described as 141, 147 and 153 Plains Road West are classified as a Class 4 area as defined by the Ontario Ministry of Environment, Conservation, and Parks NPC-300 Environmental Noise Guidelines.

s.

Zoning By-law Amendment for 759 Maple Avenue (PL-88-24)

• Approve the Zoning By-law Amendment application for the property located at 759 Maple Avenue to permit four (4) townhouse units of 4-storeys in height within one (1) building block with access to Maple Avenue via a private road; and

  Approve Zoning By-law 2020.489, attached as Appendix D to community planning department report PL-88-24, which amends the zoning ‘Residential Medium Density’ (H-RM5) with a Holding provision to ‘Residential Medium Density’ (H-RM2-546) with a Holding provision and site-specific exceptions for the lands located at 759 Maple Avenue; and

  Deem that the amending zoning by-law will conform to the Regional Official Plan, to the City of Burlington Official Plan and that there are no applications to alter the Official Plans with respect to the subject lands.

t.

Official Plan and Zoning By-law Amendments for 291 North Service Road (PL-89-24)

Note: Item 20.3 provides supplemental information regarding this item.

• Approve the applications for Official Plan Amendment and Zoning By-law Amendment submitted by DeLoyde Development Solutions on behalf of King Paving proposing asphalt manufacturing with outdoor open storage of aggregates; and

  Approve Official Plan Amendment No. 155 to the City of Burlington Official Plan 1997, as provided in Appendix D of community planning department report PL-89-24, to modify the “Business Corridor” Designation at the lands located at 291 North Service Road; and

  Deem that the Official Plan Amendment No. 155 is consistent with The Planning Act; and

  Approve Official Plan Amendment No. 5 to the City of Burlington Official Plan 2020, as provided in Appendix E of community planning department report PL-89-24, to modify the “Business Corridor” Designation at the lands located at 291 North Service Road; and

  Deem that the Official Plan Amendment No. 5 is consistent with The Planning Act; and,

  Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 155 and Official Plan Amendment No. 5 as contained in Appendices D and E to community planning department report PL-89-24 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; and

  Approve Zoning By-law 2020.493, attached as Appendix F to community planning department report PL-89-24, to rezone the lands at 291 North Service Road from “H-BC2” to “H-BC2-547” and H-BC2 to O3-549; and

  Deem that Zoning By-law 2020.493 will conform to the 1997 Official Plan of the City of Burlington once Official Plan Amendment No. 155 is adopted; and

  Deem that Zoning By-law 2020.493 will conform to the 2020 Official Plan of the City of Burlington once Official Plan Amendment No. 5 is adopted; and

  State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 155 is adopted; and

  State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 5 is adopted.

u.

Official Plan and Zoning By-law Amendments - 5051 Harvester Road (PL-83-24)

Note: Item 20.2 provides supplemental information regarding this item.

• Approve the applications for Official Plan Amendment and Zoning By-law Amendment submitted with modifications by MHBC proposing a five-storey commercial, retail and office development at 5051 Harvester Road; and

  Approve Official Plan Amendment No. 153 to the City of Burlington Official Plan, as provided in Appendix D of community planning department report PL-83-24, to modify the “Business Corridor” Designation at the lands located at 5051 Harvester Road; and

  Deem that the Official Plan Amendment No. 153 is consistent with The Planning Act; and

  Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 153 as contained in Appendix D to community planning department report PL-83-24 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; and

  Approve Zoning By-law 2020.491, attached as Appendix C to community planning department report PL-83-24, to rezone the lands at 5051 Harvester Road from “BC1-62” to “H-BC1-62” and “H-BC1-548’; and

  Deem that Zoning By-law 2020.491 will conform to the Official Plan of the City of Burlington once Official Plan Amendment No. 153 is adopted; and

  State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 153 is adopted.

13.2

Audit Committee meeting of December 4, 2024

a.

Status of Management Action Plans (CA-16-24)

• Receive for information city auditor’s office report CA-16-24 providing a summary of the Management Action Plans in progress.

b.

Quarterly dashboard for office of the city auditor (CA-17-24)

• Receive for information office of the city auditor’s report CA-17-24 providing a quarterly dashboard of City Auditor Key Performance Indicators (KPI’s) attached as Appendix A.

c.

Evaluation of Audit Committee effectiveness (CA-18-24)

• Receive for information office of the city auditor’s report CA-18-24 regarding a summary of the results of the Audit Committee’s effectiveness evaluation.

d.

Anti-Fraud Information & Education Program - update (CA-19-24)

• Receive for information office of the city auditor’s report CA-19-24 regarding an update of the Anti-Fraud Information & Education Program.

e.

Financial highlights for the period ended September 30, 2024 (F-14-24)

• Receive for information finance department report F-14-24 providing financial highlights as at September 30, 2024.

f.

External audit plan for the fiscal year ended December 31, 2024 (F-21-24)

• Approve the external audit plan for the fiscal year ended December 31, 2024, attached as appendix A to finance department report F-21-24 and as presented by Deloitte LLP at the Audit Committee meeting of December 4, 2024.

g.

2025 Annual Audit Plan for office of the city auditor (CA-20-24)

• Refer Item 4.2 Annual Audit Plan for the office of the city auditor CA-20-24 back to the City Auditor and report back at the March 6, 2025 Audit Committee meeting and include an audit in the development and growth management department in the 2025 audit plan.

h.

Risk management update (CS-08-24)

• Endorse corporate strategy report CS-08-24 providing a risk management update.

i.

City Auditor performance evaluation 2024 (CM-11-24)

• Direct the Audit Committee Chair and the Head of Corporate Affairs to deliver the Audit Committee’s final performance rating and feedback from committee discussions to the City Auditor, ensuring the information is submitted to human resources for inclusion in the merit program where applicable contained in corporate affairs department report CM-11-24.

j.

Election of Chair and Vice Chair effective March 6, 2025 for the term to expire November 14, 2026

• Defer Item 4.5 Election of Chair and Vice Chair to the March 6, 2025 Audit Committee meeting.

13.3

Pipeline to Permit Committee meeting of December 5, 2024

There were no recommendations from this Committee.

14.

Motion to Approve Standing Committee Minutes:

• Approve the following minutes:

14.1

Committee of the Whole meeting minutes of December 2 and 3, 2024

14.2

Audit Committee meeting minutes of December 4, 2024

14.3

Pipeline to Permit Committee meeting minutes of December 5, 2024

15.

Urgent Business:

15.1

Sound of Music Festival – 2024 event recap and future city support (RCC-19-24)

Note: Item 20.5 provides supplemental information regarding this item.

• Consider the three options for city financial support and re-payment plan presented in recreation, community and culture department report  RCC-19-24 Sound of Music Festival - 2024 event recap and future city support.

15.2

Appointments to Advisory Committees

• Approve the appointments to the Heritage Burlington Advisory Committee, Burlington Agricultural and Rural Affairs Advisory Committee, Burlington Accessibility Advisory Committee, Mundialization Committee, Burlington Seniors’ Advisory Committee, Burlington Inclusivity Advisory Committee, and Integrated Transportation Advisory Committee, as outlined in confidential Appendix A of legislative services report CL-28-24 and following approval from Council make the recommended names for appointments public.

16.

Confidential Items and Closed Meeting:

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 closed meeting minutes:

• Confirm the following confidential closed meeting minutes:

a.

Confidential closed meeting minutes from Committee of the Whole meeting December 2 and 3, 2024

b.

Confidential closed meeting minutes for Audit Committee meeting of December 4, 2024

16.2

Confidential Appendix A, Appointments to Advisory Committees (CL-28-24)

17.

Rise and Report:

18.

Motions of Members:

19.

Council Information Package:

19.1

Council Information Package November 22, 2024

19.2

Council Information Package November 29, 2024

19.3

Council Information Package December 6, 2024

20.

Motion to Receive and File Information Items:

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

20.1

Memorandum from Catherine Baldelli, Director of Transit regarding Fare-free Transit Study (TR-02-24, SD-19-24)

Note: This item provides supplemental information regarding 13.1.i.

20.2

Memorandum from Alicia West, Planner regarding Official Plan and Zoning By-law Amendment for 5051 Harvester Road (PL-83-24)

Note: This item provides supplemental information regarding item 13.1. u.

a.

Memorandum from Alicia West, Planner regarding Official Plan and Zoning By-law Amendment for 5051 Harvester Road (PL-83-24)

20.3

Memorandum from Elyse Meneray, Planner regarding Official Plan Amendment and Zoning By-law Amendment for 291 North Service Road (PL-89-24)

Note: This item provides supplemental information regarding item 13.1. t.

20.4

Memorandum from Elyse Meneray, Planner regarding Official Plan Amendment and Zoning By-law Amendment for 141, 147 and 153 Plains Road West (PL-90-24)

Note: This item provides supplemental information regarding item 13.1.r.

20.5

Memorandum from Emilie Cote, Director of Recreation, Community and Culture regarding Sound of Music Festival- 2024 Event Re-cap and Future City Support (RCC-19-24)

Note: This item provides supplemental information regarding item 15.1

20.6

Memorandum from Reena Bajwa Manager of Financial Strategies & Business Consulting & Alison Enns; Manager of Policy & Community Initiatives regarding 2024 Community Benefits Strategy and By-law (F-05-24)

Note: This item provides supplemental information regarding item 13.1.h.

The attachment for this item was replaced December 9, 2024.

a.

Revised (correct) memorandum attached

20.7

Public correspondence regarding Seeking project endorsement for Community Sport and Recreation Infrastructure Fund (RCC-17-24)

20.8

Correspondence from Victoria Mortelliti representing BiLD regarding 2024 Community Benefits Strategy and By-law (F-05-24)

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

73-2024: A by-law to amend By-law 86-2007, as amended, being a by-law for the regulation of traffic.

Delegated Authority

22.2

74-2024: A by-law to adopt Official Plan Amendment No. 153 to modify the “Business Corridor” designation at 5051 Harvester Road.

Report PL-83-24 Committee of the Whole December 3, 2024

22.3

75-2024: A by-law to adopt Official Plan Amendment No. 154 to modify the “Mixed Use General” designation at 141, 147 and 153 Plains Road West.

Report PL-90-24, Committee of the Whole December 3, 2024

22.4

76-2024: A by-law to adopt Official Plan Amendment No. 155 to add a site specific policy to the lands located at 291 North Service Road.

Report PL-89-24 Committee of the Whole December 3, 2024

22.5

77-2024: A by-law to adopt Official Plan Amendment No. 5 to the Burlington Official Plan 2020 to amend the site specific policy on the lands at 291 North Service Road within the City of Burlington

Report PL-89-24, Committee of the Whole December 3, 2024

22.6

78-2024: A by-law to authorize the temporary borrowings of monies from the Royal Bank of Canada and Scotiabank.

Report F-31-24, Committee of the Whole December 3, 2024

22.7

79-2024: A by-law to levy 2025 interim taxes and establish penalty and interest rates.

Report F-33-24, Committee of the Whole December 3, 2024

22.8

80-2024: A by-law to amend By-law 59-2024 as amended to provide for the changes to the Delegation Section.

Report CL-26-24, Committee of the Whole December 3, 2024

22.9

81-2024: A By-law to establish Community Benefits Charges for the City of Burlington, and to repeal By-law 66-2022, Community Benefits Charges By-law for the City of Burlington.

Report F-05-24, Committee of the Whole December 3, 2024

22.10

2020.489 A By-law to amend By-law 2020, as amended; 759 Maple Avenue.

Report PL-88-24, Committee of the Whole December 3, 2024

22.11

2020.491: A By-law to amend By-law 2020, as amended for 5051 Harvester Drive to facilitate the development of a 5-storey self-storage building with office uses and related retail space.

Report PL-83-24, Committee of the Whole December 3, 2024

22.12

2020.492: A By-law to amend By-law 2020, as amended; 141, 147 and 153 Plains Road West.

Report PL-90-24, Committee of the Whole December 3, 2024

22.13

2020.493: A By-law to amend By-law 2020, as amended; 291 North Service Road.

Report PL-89-24, Committee of the Whole December 3, 2024

23.

Confirmatory By-law:

• Enact and pass By-law Number 82-2024 being a by-law to confirm the proceedings of Council at its meeting held December 10, 2024 being read a first, second and third time.

24.

Statements by Members and Staff:

25.

Motion to Adjourn:

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