Regular Meeting of Council

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chambers Level 2, City Hall
Members Present:
  • Mayor Marianne Meed Ward,
  • Kelvin Galbraith,
  • Lisa Kearns,
  • Rory Nisan,
  • Shawna Stolte,
  • Paul Sharman,
  • and Angelo Bentivegna
Staff Present:
  • David Thompson (Audio/Video Specialist),
  • Debbie Hordyk,
  • Danielle Pitoscia (Deputy Clerk),
  • and Angela Morgan (Clerk)

  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Kearns

    Confirm the minutes of the following meeting of Council:

    CARRIED

None

  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.

    Award the tender for contract CW 19-27, Angela Coughlan Pool revitalization to 1320376 Ontario Ltd. O/A GEN-PRO, 2211 Plains Road, Burlington, ON, L7R 3R3 for $2,918,225 including H.S.T; and

    Authorize the Manager of Procurement Services to issue a purchase order and/or sign associated agreements with the bidder number above; and

    Authorize the Mayor and City Clerk to sign any required agreements with the bidder named above; and

    Approve the total cost of $3,070,000 (Net H.S.T) be charged to capital order PL0014 and funded as detailed in Appendix B.

    CARRIED
  • Motion No.
    Receive and file capital works department report CW-06-19 providing the Burlington Sustainable Development Committee 2019 annual report.
    CARRIED
  • Motion No.

    Retain Sun Life as the provider of Major Medical, Dental, Long Term Disability and Life Insurance plans for the benefit year December 1, 2018 to November 30, 2019.

    CARRIED
  • Motion No.
    Approve By-law 30-2019 attached as Appendix A to finance department report F-19-19 to enable the creation of the Art Gallery of Burlington reserve fund; and
     

    Receive and file finance department report F-19-19 providing information on financial services provided to local boards.

    CARRIED
  • Motion No.
    Receive and file finance department report F-09-19 providing the 2018 Treasurer's statement for development charges reserve funds, park dedication reserve fund and the public benefits reserve fund.
    CARRIED
  • Motion No.
    Receive and file finance department report F-14-19 providing the financial status report as at March 31, 2019.
    CARRIED
  • Motion No.

    Approve the City of Burlington 2019 Development Charges Background Study dated March 28, 2019 (under separate cover) under section 10 of the Development Charges Act, 1997 (the DCA); and

    Approve the capital project listings set out in Chapter 5 of the City of Burlington 2019 Development Charges Background Study dated March 28, 2019; and

    Direct the Director of Finance to ensure that the future excess capacity identified in the City of Burlington 2019 Development Charges Background Study dated March 28, 2019, be paid for by development charges or other similar charges; and

    Approve the proposed Development Charges By-law with an effective date of June 1, 2019; and

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

    Approve the development charges policies contained in Appendix B to Report F-13-19 with an effective date of June 1, 2019; and

    Repeal By-law 46-2014 and the related development charges policies effective June 1, 2019; and

    Direct the Director of Finance to review and report back on the feasibility of setting a cap on development charge rates for non-residential retail development, after discussion and feedback from the Development Charges Consultation Committee, the Region of Halton and further reporting on the known impacts from Bill 108; and

    Direct the Director of Finance to review and report back on the feasibility of exempting non profit housing from development charges after discussion and feedback from the Development Charges Consultation Committee, the Region of Halton and further reporting on the known impacts from Bill 108.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.

    Table the 2018-2022 Burlington’s Plan: From Vision to Focus; and

    Direct the Deputy City Manager to consult with members of council on this plan and report back to Committee of the Whole on June 10, 2019 with a finalized version of the report for debate and approval.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    Approve the Municipal Cannabis Retail Store Guidelines, as amended, as set out in Appendix A to city manager's office report CM-8-19; and

    Amend the Community Preferences section of the City of Burlington Cannabis Retail Store Guidelines attached as Appendix A to City Manager's office report CM-8-19 by changing, in the first bullet point, 150 metre buffer to 500 metre buffer and by adding, in the third bullet point, 'a 500 metre' between the words 'maintain' and 'separation'.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Table planning and building department report PB-43-19 regarding city-wide parking study and recommended parking rates; to be considered at the June 10 Committee of the Whole meeting; and

    Direct the Director of City Building to report back to Council in Q3 of 2019 with Zoning By-law amendments to implement the recommended parking rates set out in Report PB-43-19.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.

    Receive and file department of city building report PB-23-19 regarding official plan and zoning by-law amendments for 441 Maple Avenue.

    CARRIED
  • Motion No.

    Approve the application to remove the ‘H’ Holding Symbol and site-specific exception 315 from the ‘H-GE1-315’ zone for the lands at 3095 Harrison Court, submitted by KWA Site Development Consulting Inc., 2453 Auckland Drive, Burlington, Ontario, L7L 7A9; and

    Adopt Zoning By-law 2020.410 attached as Appendix C to department of city building report PB-46-19, being a by-law to remove the ‘H’ Holding Symbol and site-specific exception 315 from the ‘H-GE1-315’ zone for the lands at 3095 Harrison Court; and

    Deem that By-law 2020.410 conforms to the Official Plan for the City of Burlington.

    CARRIED
  • Motion No.

    Receive and file department of city building report PB-33-19 regarding the proposed plan of subdivision, official plan and zoning by-law amendments for Surrey Lane, Warwick Drive and Georgian Court.

    CARRIED
  • Motion No.

    Approve the application submitted by ICP Developers Inc., 1860 Appleby Line, Burlington ON, L7L 0B7 to permit the temporary use of lands for limited retail and service commercial uses; and

    Enact the amending Zoning By-law 2020.409, contained in Appendix D of department of city building report PB-30-19, to rezone lands at 1860, 1880, and 1900 Appleby Line from “Uptown Employment (UE)” to “Uptown Employment with Site Specific Exception (UE-496)” for a time period that shall not exceed three years from the date of passing of the by-law, in accordance with Section 32(2) of the Planning Act; and
    Deem that Zoning By-law 2020.409 conforms to the Official Plan of the City of Burlington; and

    Instruct the Director of Capital Works to utilize previously collected securities for the development to complete the municipal sidewalk connection on Ironstone Drive, if not completed by the applicant, to the satisfaction of the Director of City Building and the Director of Capital Works, by October 31, 2019.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    State an intention to amend By-law 105-2001 pursuant to Part IV of the Ontario Heritage Act, section 30.1(1), as shown in the draft amending by-law attached as Appendix C to department of city building report PB-38-19; and

    Direct the Director of City Building to provide notice of Council’s intention to amend By-law 105-2001, in accordance with section 30.1(1) of the Ontario Heritage Act; and

    Authorize the City Clerk to present the amending by-law to Council, provided there is no objection to the statement of intention to amend designation By-law 105-2001; and

    Authorize the City Clerk to take the necessary actions in the event of any objection to the statement of intention to amend By-law 105-2001 pursuant to Part IV of the Ontario Heritage Act, section 29(7); and

    Direct the City Solicitor to remove reference to By-law 105-2001 from Part Lot 1, Con Broken Front as in 241642, City of Burlington, Region of Halton, being PIN 07096-0055 municipally known as 763 King Road.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)
  • Motion No.
    Support the proposed modifications to Official Plan Amendment No. 107 for the Tremaine Dundas Secondary Plan; and
    Authorize the Director of City Building to notify the Region of Halton that Burlington City Council supports the proposed modifications.
     
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    Direct the Director of Transportation Services to implement a Lawn Sign Road Safety Campaign as described in transportation services department report TS-02-19; and

    Direct the Director of Transportation to collect data after implementation on roads that have been tested for speeding in the last 2 years and report back in Q3 of 2019.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Amend the recommendation from city building report application grant from Community Heritage fund for 2349 Lakeshore Road (PB-39-19) by replacing $4,500 with $4,827.37

    IN FAVOUR: (6)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    OPPOSED: (1)Councillor Nisan
    CARRIED (6 to 1)
  • Motion No.

    Approve the application for a grant in the amount of $4,827.37 for window replacement at 2349 Lakeshore Road.

    CARRIED (6 to 1)
  • Motion No.

    Approve the application submitted by Zarin Homes to draft approve a residential plan of subdivision consisting of 4 lots at 4407 & 4417 Spruce Avenue, as shown in Appendix A of department of city building report PB-26-19, subject to the conditions contained in Appendix C of that report; and

    Approve the zoning by-law amendment application submitted by Zarin Homes to rezone the property at 4407 Spruce Avenue from “R2.1” to “R2.1-497” to permit a reduction in setback requirements for a place of worship on the basis that it conforms to the Provincial Policy Statement, the Places to Grow Act and the Regional Official Plan; and

    Adopt Zoning By-law 2020.408, attached as Appendix B of department of city building report PB-26-19, rezoning the lands at 4407 Spruce Avenue from “R2.1” to “R2.1-497” and “R2.1-497”; and

    Deem that Zoning By-law 2020.408 conforms to the Official Plan of the City of Burlington.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.

    Amend the recommendation from city building report work plan for scoped re-examination of the adopted Official Plan (PB-47-19) by adding the following paragraph to the end of the recommendation:

    "Direct the Director of City Building to include the Executive Director of the Burlington Downtown Business Association in the proposed composition of the Joint Steering Committee"

    IN FAVOUR: (6)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    OPPOSED: (1)Councillor Sharman
    CARRIED (6 to 1)
  • Motion No.

    Direct the Director of City Building to proceed with the work identified in the Terms of Reference attached as Appendix C to department of city building report PB-47-19, and the work generally identified in section 4.1; and

    Direct the Director of City Building to propose refinements to the Neighbourhood Centres Policy to simplify and clarify the intent of the policies, generally described in section 4.2.3; and

    Direct the Director of City Building to modify the terms of reference upon confirmation of impacts related to Bill 108 and other Provincial changes to the land use planning and development system, if required; and

    Direct the Director of City Building, after the conclusion of the studies conducted as part of (1) the scoped re-examination of the policies of the adopted Official Plan and (2) Interim Control By-law 10-2019 as amended (21-2019), to report on any changes to the Urban Growth Centre and Major Transit Station Area designations applicable to Burlington's downtown and the Burlington GO Station that could be recommended as a result of any proposed Official Plan and Zoning By-law amendments arising out of the studies; and

    Direct the Director of City Building to consider revisions to adopted Official Plan policies that are within the City's legislative authority, based on recommendations from the Agricultural and Rural Affairs Advisory Committee and report back to Council as to the appropriateness of preparing Official Plan modifications for Regional consideration through the scoped re-examination of the Adopted Official Plan Study; and

    Direct the Director of City Building to include the Executive Director of the Burlington Downtown Business Association in the proposed composition of the Joint Steering Committee.

    IN FAVOUR: (6)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, and Councillor Bentivegna
    OPPOSED: (1)Councillor Sharman
    CARRIED (6 to 1)
  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Galbraith

    Receive the comments and feedback contained within this report and forward to the Province of Ontario, Minister of Municipal Affairs and Housing and the Minister of Tourism Culture and Sport, as the City of Burlington’s comments on Bill 108 (More Homes, More Choices Act), Housing Supply Action Plan; and

    Request that the Province of Ontario continue to consult with the City of Burlington on Bill 108 (More Homes, More Choices Act), with adequate time provided prior to Royal Assent and finalization of associated regulations.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)

14.1

  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Galbraith

    Whereas the legislation that abolished the OMB and replaced it with LPAT received unanimous – all party support; and

    Whereas all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; and

    Whereas Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; and

    Whereas on August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario, which recognizes that “Public policy issues are complex and thus require coordinated responses...” and that “The Municipal Act, 2001 provides that the Province of Ontario endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; and

    Whereas the MOU sets out that “Ontario is committed to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; and

    Whereas Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act, 2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources Act, Planning Act, Workplace Safety and Insurance Act, 1997.

    Now therefore be it resolved that the City of Burlington oppose Bill 108 which in its current state will have negative consequences on community building and proper planning; and

    That the City of Burlington call upon the Government of Ontario to halt the legislative advancement of Bill 108 to enable fulsome consultation with Municipalities to ensure that its objectives for sound decision making for housing growth that meets local needs will be reasonably achieved; and

    That a copy of this Motion be sent to the Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Deputy Premier, the Honourable Steve Clark, Minister of Municipal Affairs, the Honourable Andrea Horwath, Leader of the New Democratic Party, all MPPs in the Province of Ontario, leaders of the Green Party and Liberal Party; and

    That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Kearns

    Move into closed session in accordance with the following provisions under the Municipal Act, sections 239(2)(a) the security of the property of the municipality, with respect to legal department verbal update.

    6:46 p.m.

    CARRIED
  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Bentivegna

    Moved into open session.

    6:58 p.m.

    CARRIED
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Galbraith

    Suspend the rules of procedure to waive the requirements of notice to allow discussion regarding a staff direction to broadcast the raptors game, in accordance with procedure by-law 64-2016, s. 31.

    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Bentivegna, and Councillor Sharman
    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Nisan
    Seconded by:Councillor Kearns

    Direct the Director of Parks and Recreation to organize a community event to broadcast the raptors game(s), and report back to council on the final costs and finalization of logistical details, and cost to be drawn from the Tax Stabilization Reserve fund.

    CARRIED (6 to 1)
  • Motion No.
    Moved by:Councillor Stolte
    Seconded by:Councillor Sharman
    Receive and file the following Information Packages, having been prepared and distributed to Council:
    CARRIED
  • Motion No.
    Moved by:Councillor Sharman
    Seconded by:Councillor Stolte

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

    CARRIED
  • Motion No.
    Moved by:Councillor Sharman
    Seconded by:Councillor Stolte

    ​​Enact and pass By-law Number 35-2019, being a by-law to confirm the proceedings of Council at its meeting held Monday, May 27, 2019, being read a first, second and third time.

    CARRIED
  • Motion No.

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

    9:45 p.m.

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