Committee of the Whole Meeting

Revised Agenda

Meeting #:

Date:

Monday, May 13, 2024

Time:

9:30 a.m.

Location:

Hybrid meeting- virtual and Council Chambers, City Hall

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1.

Call to Order

Chair: Mayor Marianne Meed Ward
Vice Chair: Deputy Mayor for Ceremonial/Emergencies Councillor Paul Sharman

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 Anishinaabeg to the 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.

Approval of the Agenda

4.

Declarations of Interest

5.

Delegation(s)

Requests to delegate to this hybrid meeting can be made by completing the online delegation registration form at www.burlington.ca/delegate, by noon the business day before the meeting is to be held.

5.1

Rev. Canon Stuart Pike and Rick Reycraft, St. Luke's Anglican Church, regarding St. Luke’s Window to the Lake opportunity (RCC-08-24) (EICS)

5.2

Don Prescott, Burlington Accessibility Advisory Committee, regarding motion memorandum regarding lot 5B electric vehicle charging station (COW-14-24) (EICS)

5.3

Amy Schnurr, BurlingtonGreen, regarding Better Homes Burlington Pilot Program update (EICS-10-24) (EICS)

5.4

Jesse Elders, Bay Area Climate Change Council, regarding Better Homes Burlington Pilot Program update (EICS-10-24) (EICS)

5.5

Ed Keenleyside, Friends of Freeman Station, regarding proposed next steps for the operation of Freeman Station (RCC-09-24) (EICS)

5.6

Kimberly Watson, Museums of Burlington, regarding proposed next steps for the operation of Freeman Station (RCC-09-24) (EICS)

5.7

Joe Gaetan regarding proposed next steps for the operation of Freeman Station (RCC-09-24) (EICS)

5.8

Kathy Stacey, KSA Architectural Solutions, regarding recommendation to designate 518 Brant Street (PL-31-24) (CPRM)

5.9

Barry O'Brien regarding recommendation to designate 518 Brant Street (PL-31-24) (CPRM)

5.10

William Simmons regarding Official Plan Amendment and Zoning By-law Amendment applications for 276, 284 and 292 Plains Road East (PL-36-24) (CPRM)

5.11

Martin Quarcoopome, Weston Consulting, regarding Official Plan Amendment and Zoning By-law Amendment applications for 276, 284 and 292 Plains Road East (PL-36-24) (CPRM)

6.

Consent Items

Reports of a routine nature, which are not expected to require discussion and/or debate.  Staff may not be in attendance to respond to queries on items contained in the Consent Agenda.

6.1

Climate Resilient Burlington: a plan for adapting to our warmer, wetter and wilder weather annual progress report (EICS-05-24) (EICS)

• Receive and file environment and energy report EICS-05-24 regarding Climate Resilient Burlington: a plan for adapting to our warmer, wetter and wilder weather year 2 progress report.

6.2

Burloak Regional Waterfront Park 2024 update (ES-03-24) (EICS)

• Receive and file engineering services department report ES-03-24 related to the Burloak Regional Waterfront Park 2024 update; and

  Request that Regional Council consider an amendment to the approved Burloak Regional Waterfront Park Master Plan to expand the park washroom building to include a maintenance facility.

6.3

Tree planting initiatives update (RPF-03-24) (EICS)

• Approve the by-law, substantially as shown in Appendix A of roads, parks and forestry department report RPF-03-24, being a by-law to amend By-law 55-2020 Tree Planting Initiatives Reserve Fund; and

  Direct the Chief Financial Officer to allocate $175,000 from the tree establishment and enhancement reserve to the Forestry Operating budget in 2024 to fund the identified tree planting projects; and

  Authorize the Director of Roads, Parks and Forestry to enter into discussions with Conservation Halton to develop a formal agreement related to tree planting partnerships with the City; and

  Direct the Director of Roads, Parks, and Forestry to report back on an annual basis with respect to tree establishment and enhancement initiatives funded through the reserve fund.

a.

Correspondence from Meredith Lynes, regarding tree planting initiatives update (RPF-03-24)

7.

Presentation(s)

8.

Corporate Services, Strategy, Risk & Accountability Regular Items

Chair: Councillor Rory Nisan
Vice Chair: Councillor Shawna Stolte
Committee Clerk: Lisa Palermo, [email protected]

8.1

Transforming design and delivery of services – Year 1 update on Digital Business Strategy (BDS-01-24)

• Receive and file burlington digital services report BDS-01-24 providing the first year progress of the adopted Digital Business Strategy.

8.2

Motion memorandum regarding renomination of the Mayor's Association of Municipalities of Ontario (AMO) position (COW-13-24)

• Be it resolved that the Council for the City of Burlington nominate Mayor Marianne Meed Ward for the position of Director on Large Urban Caucus on the AMO Board of Directors for the 2024-2026 term.

9.

Confidential Items and Closed Session

Confidential items will be discussed at 1:00 p.m. on Monday, May 13, 2024.

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

Closed session will be chaired by the Chair of Corporate Services, Strategy, Risk & Accountability Regular Items.

• Move into closed session in accordance with the following provision under the Municipal Act: 

9.1

Confidential legal update on litigation matter regarding 1200 King Road (L-21-24)

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.

10.

Rise and Report

11.

Environment, Infrastructure & Community Services Regular Items

Chair: Councillor Lisa Kearns 
Vice Chair: Councillor Kelvin Galbraith
Committee Clerk: Suzanne Gillies, [email protected]

11.1

Civic Square and Brant Street renewal project update (ES-10-24)

• Receive and file engineering services department report ES-10-24 providing an update to the Civic Square and Brant Street renewal project.

a.

Note: Appendix A and Appendix B to ES-10-24 were updated on May 7, 2024

b.

Staff presentation regarding Civic Square and Brant Street renewal project update (ES-10-24)

11.2

Better Homes Burlington Pilot Program update (EICS-10-24)

• Approve an extension of the Better Homes Burlington pilot program to provide a maximum of six zero-interest loans of up to $10,000 each in 2024, to Burlington residents who meet program eligibility criteria; and

  Consider an investment in the amount of $50,000 during the Mayor’s 2025 budget process to make the Better Homes Burlington pilot an ongoing program and increase the number of annual zero-interest loans, with consideration to additional future funding top-ups to grow a revolving fund to support Better Homes Burlington.

a.

Correspondence from Hugh and Brenda Kent regarding the Better Homes Burlington Pilot Program update (EICS-10-24)

b.

Correspondence from Dale Pusching regarding the Better Homes Burlington Pilot Program update (EICS-10-24)

11.3

Proposed next steps for the operation of Freeman Station (RCC-09-24)

• Direct the Director of Recreation, Community and Culture to assume the responsibility for the operation, upkeep and maintenance of Freeman Station after the sunset of the Friends of Freeman Station as a non-profit charitable organization; and

  Direct the Director of Recreation, Community and Culture to move forward with the implementation of Option 1(A) while continuing to collaborate with the Museums of Burlington to facilitate a smooth transition of operations of Freeman Station and through the 2025 budget development process as outlined in recreation, community and culture department report RCC-09-24.

a.

Staff memo regarding proposed next steps for the operation of Freeman Station (RCC-09-24)

Note: the staff memo contains a revised recommendation.

11.4

St. Luke’s Window to the Lake opportunity (RCC-08-24)

• Authorize the Executive Director of Environment, Infrastructure and Community Services to collaborate with St. Luke’s Church on the feasibility of a new publicly accessible walkway from Elgin Street to Lakeshore on the Boulevard as outlined in recreation, community and culture department report RCC-08-24.

a.

Note: Appendix A to RCC-08-24 was updated on May 8, 2024

11.5

Motion Memo regarding lot 5B electric vehicle charging station (COW-14-24)

• Direct staff to install a level 3 EV charging station utilizing a parking spot design that results in no net loss of total parking spots in Lot #5B, located at 391 Brant Street.

11.6

Agencies, Boards and Commissions Mandate and Integrity Commissioner recommendations follow-up (RCC-10-24)

Note: this item will be discussed at 2:30 p.m. (or later) on Tuesday, May 14, 2024

• Adopt the Mandate for Members of Council and City Staff serving as Directors on Agencies, Boards and Commissions Boards as attached in Appendix A to recreation, community and culture department report RCC-10-24.

11.7

Accountability Framework for Agencies, Boards and Commissions (ABC) and Joint Venture (JV) organizations (RCC-11-24)

Note: this item will be discussed at 2:30 p.m. (or later) on Tuesday, May 14, 2024

• Direct the Director of Recreation, Community and Culture to implement the framework outlined in recreation, community and culture department report RCC-11-24 into revised agreements with the support of the City’s Legal Counsel, in a priority sequence, starting in Q4 2024; and

  Authorize 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, being By-law to delegate approvals to staff, that will:

  1. Delegate the authority to negotiate all agreements with the City’s agencies, boards and commissions and joint ventures, including without limitation any such shared services agreements, operating agreements, relationship agreements, leases, licenses and other agreements as are necessary for the implementation and administration of the matters set out in recreation, community and culture department report RCC-11-24 to the Director of Recreation, Community and Culture with content satisfactory to the Executive Director of Environment, Infrastructure, and Community Services and in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel; and
  2. Delegate authority to execute agreements contemplated above on behalf of the Corporation of the City of Burlington to the Mayor and City Clerk.

a.

Staff presentation regarding Accountability Framework for Agencies, Boards and Commissions (ABC) and Joint Venture (JV) organizations (RCC-11-24)

12.

Community Planning, Regulation & Mobility Regular Items

Chair: Councillor Shawna Stolte
Vice Chair: Councillor Lisa Kearns
Committee Clerk: Jo-Anne Rudy, [email protected]

12.1

Indexation of Building Permit fees 2024 (BB-01-24)

• Approve a 3% indexation of building permit fees for 2024 as detailed in building and by-law department report BB-01-24; and

  Direct the Director of Building Services and Chief Building Official to prepare a by-law to amend By-law 66-2019, the Building Permit By-law, to adopt the annual indexation of building permit fees for 2024, in a form satisfactory to the Executive Director of Legal Services and Corporation Counsel, or designate, for approval at Council on May 21, 2024, to come into effect as of May 22, 2024.

a.

Correspondence from Anthony Salemi, West End Home Builders' Association regarding indexation of Building Permit fees 2024 (BB-01-24)

12.2

Recommendation to designate 518 Brant Street (PL-31-24)

• ​​State an intention to designate the property at 518 Brant St. under Part IV, Section 29, of the Ontario Heritage Act and in accordance with the Statement of Cultural Heritage Value or Interest and Description of Heritage Attributes for 518 Brant Street which is attached to community planning department report PL-31-24 as Appendix B; and

  Direct the Director of Community Planning to provide notice of Council’s intention to designate 518 Brant St., in accordance with subsections 29 (3) and 29 (4) of the Ontario Heritage Act; and

  Direct the City Clerk to introduce the necessary by-law to designate the property as being of cultural heritage value or interest to Council which will be enacted in accordance with subsection 29 (8) of the Ontario Heritage Act, provided no objections are received; and

  Direct the City Clerk to take the necessary actions in the event of any objection to the notice of intention to designate pursuant to the Ontario Heritage Act, subsections 29 (5) and 29 (6), such that the Director of Community Planning may report back to Council to allow Council to consider the objection and decide whether or not to withdraw the notice of intention to designate the property.​

12.3

977 Unsworth Avenue Community Heritage Fund Grant application (PL-32-24)

• Approve the subject Community Heritage Fund application for a $15,000 grant to restore 79 lead panel and steel sash frame windows at 977 Unsworth Ave., due to compliance with Community Heritage Fund criteria; and

  Direct the Executive Director of Legal Services and Corporation Counsel, or their delegate, to prepare the necessary Heritage Conservation Agreement (Letter of Understanding) for the owner to sign and return to the City to the satisfaction of the Director of Community Planning; and

  Authorize the Mayor and City Clerk to sign the Heritage Conservation Agreement (Letter of Understanding) in connection with this matter.

12.4

Bill 185, Cutting Red Tape to Build More Homes Act, 2024 and the Proposed Provincial Planning Statement, 2024 (PL-42-24)

• Receive and file community planning department report PL-42-24 regarding Bill 185, Cutting Red Tape to Build More Homes Act, 2024 and the Proposed Provincial Planning Statement, 2024.

a.

Appendix A to community planning report PL-42-24 regarding Bill 185, Cutting Red Tape to Build More Homes Act, 2024 and the Proposed Provincial Planning Statement, 2024 (PL-42-24)

12.5

Official Plan Amendment and Zoning By-law Amendment applications for 276, 284 and 292 Plains Road East (PL-36-24)

• Approve the applications for Official Plan Amendment and Zoning By-law Amendment at 276, 284 and 292 Plains Road East, as recommended by staff in community planning department report PL-36-24, to permit a 7 storey, 141 unit residential building; and

  Approve Official Plan Amendment No. 132 to the City of Burlington Official Plan, as provided in Appendix D of Report community planning department report PL-36-24, to re-designate the lands located at 276, 284 and 292 Plains Road East from “Residential – Medium Density” to “Mixed Use Corridor – General” and to include 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. 132 as contained in Appendix D of community planning department report PL-36-24 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 (505-07/21); and

  Approve Zoning By-law 2020.476, attached as Appendix E of community planning department report PL-36-24, to rezone the lands located at 276, 284 and 292 Plains Road East from “Residential – Medium Density (RM1-346) with site specific regulations to a site specific “Mixed Use General (H-MXG-542)” with a Holding “H” prefix as provided in Appendix E to community planning department report PL-36-24 (File: 520-08/21); and

  Deem that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan Amendment No. 132 is adopted; and

  State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 132 is adopted.

a.

Staff presentation regarding Official Plan Amendment and Zoning By-law Amendment applications for 276, 284 and 292 Plains Road East (PL-36-24)

13.

Statutory Public Meeting

This item to be discussed at 9:30 a.m. on Tuesday, May 14, 2024

Statutory Public Meetings will be chaired by the Chair of Community Planning, Regulation & Mobility Regular Items.

13.1

2024 Development Charges Background Study (F-04-24)

Note: Appendix A can be accessed at burlington.ca/meetings

• Approve the City of Burlington 2024 Development Charges Background Study dated March 22, 2024, attached as Appendix A to finance department report F-04-24, under section 10 of the Development Charges Act, 1997 (the DCA); and

  Approve the capital project listing set out in Chapter 5 of the Development Charges Background Study dated March 22, 2024; and

  Approve the proposed Development Charges By-law with an effective date of June 1, 2024 as set out in Appendix G of the Development Charges Background Study dated March 22, 2024; and

  Determine that no further public meetings are required in accordance with Section 12 of the Development Charges Act, 1997; and

  Repeal by-law 29-2019, and amending by-law 26-2022 effective June 1, 2024.

a.

Staff memo regarding 2024 Development Charges Background Study and addendum to the Development Charges Background Study (F-04-24).

Note: the staff memo contains a revised recommendation.

a.

Delegation from Michelle Diplock, West End Home Builders' Association, regarding 2024 Development Charges Background Study (F-04-24)

b.

Delegation from Amanda Stringer, Realtors Association of Hamilton Burlington, regarding 2024 Development Charges Background Study (F-04-24)

c.

Delegation from Ed Fothergill, Fothergill Planning and Development Inc., regarding 2024 Development Charges Background Study (F-04-24)

d.

Staff presentation regarding 2024 Development Charges Background Study (F-04-24)

14.

Procedural Motions

15.

Information Items

15.1

Office of the City Clerk memo providing forecast of standing committee agendas (COW-15-24)

16.

Staff Remarks

17.

Committee Remarks

18.

Adjournment