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:
  • Tim Commisso,
  • David Thompson (Audio/Video Specialist),
  • Debbie Hordyk,
  • and Angela Morgan (Clerk)

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

    Confirm the minutes of the following meeting of Council:

    CARRIED
  • Motion No.
    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.

    Award the tender for contract CW-19-20, Wolfe Island Bridge Deck Soffit Repair to Landform Civil Infrastructures Inc., 75 Cascade St. Hamilton, Ontario L8E 3B7, for $891,349.65 including HST; and

    Authorize the Mayor and City Clerk to sign any required agreements with the bidder named above, subject to the satisfaction of the City Solicitor; and

    Approve the total cost of $990,000 (Net HST) to be charged to Capital Order BG0048 and funded as follows:

    Wolfe Island Bridge Deck Soffit Repairs (BG0048)$580,000

    Spring Gardens Slope Stability (RL0257)$308,796

    Capital Purposes Reserve Fund (800013)$101,204

    City of Burlington Funding$990,000

    Total Project Financing $990,000

    CARRIED
  • Motion No.

    Receive and file city manager’s office report CM-16-19 on Post-Secondary Attraction for Burlington.

    CARRIED
  • Motion No.

    Approve the addition of epinephrine autoinjectors on fire emergency response apparatus.

    CARRIED
  • Motion No.

    Approve the proposed 2020 Calendar of Meetings for Council and Standing Committees, as outlined in Appendix A of Clerk’s department report CL-16-19, as amended.

    CARRIED
  • Motion No.

    Receive and file city manager’s office report CM-22-19 regarding infrastructure funding.

    CARRIED
  • Motion No.

    Receive and file information technology services report IT-05-19 providing an update on the Enterprise Resource Planning (ERP) program.

    CARRIED
  • Motion No.

    Table roads, parks and forestry report RPF-15-19 regarding a proposed city-wide private tree bylaw to be considered at the Committee of the Whole meeting to be held on December 2, 2019 for approval; and

    Consider the potential operating and capital budget impacts for the administration of a private tree bylaw through the budget process.

    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 Recreation Services to work with roads, parks and forestry department staff to develop a policy for the installation and upkeep of 'Little Free Libraries' and to report back to the Environment, Infrastructure and Community Services Committee in 2020 with the proposed policy.  The policy will address possible installations on private properties and city-owned parkland/open space, and the use of the Neighbourhood Community Matching Fund (SD-30-19); and

    Invite interested members of the community to apply to the Neighbourhood Community Matching Fund in the short term while a policy is being developed.

    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 City Building and the Fire Chief to review related bylaws (including but not limited to those listed below) to account for the expansion of permission to discharge and sell fireworks to include a broader range of religious and cultural celebrations:

    • 125-1992 Regulating the sale and use of fireworks
    • 49-2008 Nuisance and noise control bylaw
    • 42-2008 Business licensing bylaw; and

    Authorize the Fire Chief to immediately be able to grant exceptions on a case-by-case basis.

    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.

    Receive and file city manager’s office report CM-24-19 regarding Red Tape Red Carpet update.

    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 Stolte
    Seconded by:Councillor Nisan

    Direct the  Director of Community Planning, to report back in May 2020, with a short term accommodation licensing by-law.

    CARRIED
  • Motion No.

    Receive and file department of city building report PB-71-19 regarding short-term accommodations; and

    Direct the Director of Community Planning to report back at the Council meeting of October 28, 2019 with immediate regulatory options for short term accommodations; and

    Direct the Director of Community Planning to report back in May 2020, with a short term accommodation licensing by-law.

     

    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.

    Modified approval of the applications for Official Plan Amendment and Zoning By-law Amendment made by Children’s Financial Group, c/o Ruth Victor & Associates, 3221 North Service Road, Burlington ON L7N 3G2, to permit 36 new stacked townhouse units in two blocks in addition to the existing residential apartment building; and

    Approve Official Plan Amendment No. 115 to the City of Burlington Official Plan, as provided in Appendix B of department of city building report PB-29-19, to redesignate the rear portion of the subject lands from “Residential Medium Density” to “Residential High Density” and to modify the “Residential High Density” policies to include site specific policy for whole of 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 for adoption of Official Plan Amendment No. 115, as contained in Appendix B of department of city building report PB-29-19 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, in principle, the zoning regulations provided in Appendix C to department of city building report PB-29-19, to rezone the lands at 2087-2103 Prospect Street from “RM2” and “RH4” to “RH4-500” subject to Residential Development Agreement conditions as provided in Appendix D to department of city building report PB-29-19 and the provision of community benefits; and

    Direct the Director of Community Planning to hold discussions with the applicant to secure community benefits in accordance with Section 37 of the Planning Act and Part VI, Section 2.3 of the City’s Official Plan, as they relate to the requested increased density on the subject property, and to return to Council with a report outlining the recommended community benefits and the implementing Zoning By-law; and

    Undelegate site plan approval from the Director of Community Planning to Council.

    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 Stolte
    Seconded by:Councillor Bentivegna

    Direct the Director of Community Planning, to ensure that broad stakeholder perspectives are included in the 2019 Planning Process Review, including residents who reside in proximity to infill development applications; and

    Direct the Executive Director of Environment, Infrastructure and Community Services to prepare an appendix to the Construction and Mobility Management Policy with a focus on Low Density Residential and infill development applications, to establish additional guidelines for established neighbourhood development. The guidelines will ensure that land development does not unduly impact public health, safety, traffic, privacy or environment including flood mitigation in the surrounding area. Staff shall report back to Planning & Development Committee in February 2020 with a recommendation; and

    Direct the Executive Director of Environment, Infrastructure and Community Services to review the city’s policies regarding residential infill development, including design approvals, management of grading and drainage during construction and final certification. Also, research policies that other municipalities have adopted in these matters. Staff shall report back to Planning & Development Committee in February 2020 with this additional information and a recommendation for amendments to the Grading and Drainage Certification By-law 52-2018.

    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Stolte
    Seconded by:Councillor Bentivegna

    Instruct the City Solicitor or her designate to proceed in accordance with the instructions sought in confidential legal report L-16-19, as amended at the regular  meeting of Council on October 28, 2019.

    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Stolte
    Seconded by:Councillor Bentivegna

    Whereas the City of Burlington recognizes the important role that libraries play in our community. Libraries and the early literacy programs that they run are integral to developing proficient readers and ensuring that children succeed in school. More and more, digital literacy programs run by libraries also help ensure that citizens can contribute to our digital world. Additionally, vulnerable demographic groups, including seniors, low income families, youth, and new Canadians rely on access to libraries as an important tool for their participation in the community – from education to searching for jobs to consuming Canadian cultural materials; and

    Whereas libraries in our community recognize that our users increasingly seek to access digital publications offered by multinational publishers, and that access to those publications is too often curtailed by prohibitively high licensing fees or else entirely denied to Canadian libraries; and

    Whereas libraries must be in a position to offer digital publications to their users as part of their service offering to our community, particularly given the contemporary rapid pace of digitization of educational and cultural materials; and

    Now therefore be it resolved that the City of Burlington do hereby:

    Indicate our support for the Canadian Urban Libraries Council in its efforts to increase access to digital publications for library users in Burlington and across Canada; and

    Call on the Federal government to investigate the barriers faced by libraries in acquiring digital publications and the problems that poses for vulnerable demographic groups in Canada; and

    Further ask the Federal government to develop a solution that increases access to digital publications across Canada and assists libraries in meeting the cost requirements to acquire digital publications; and

    Direct the City Clerk to forward this motion to the Federation of Canadian Municipalities for their consideration.

    CARRIED (7 to 0)
  • Motion No.
    Moved by:Councillor Bentivegna
    Seconded by:Councillor Sharman

    Move into closed session at 8:44 p.m. in accordance with the following provisions under the Municipal Act, sections 239 (e) litigation or potential litigation affecting the municipality or local board, including matters before administrative tribunals, with respect to legal report L-16-19 regarding confidential legal update on a litigation matter and planning and building report PB-71-19 regarding short term accommodation.

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

    Moved into public session at 9:27 p.m.

    CARRIED
  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Nisan
    Receive and file the following Information Packages, having been prepared and distributed to Council:

     

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

    Receive and file information items, having been considered by Council:

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

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

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

    ​​Enact and pass By-law Number 55-2019, being a by-law to confirm the proceedings of Council at its meeting held Monday, October 28 being read a first, second and third time.

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

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

    9:47 p.m.

    CARRIED