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)

1.
Call to Order:
 

2.
National Anthem:
 

3.
Regrets:
 

None

4.
Proclamations:
 

5.
Motion to Approve Council Minutes:
 

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

    Confirm the minutes of the following meeting of Council:

    CARRIED

6.
Recognitions and Achievements:
 

7.
Presentations:
 

None

8.
Declarations of Interest:
 

None

9.
Delegations:
 

10.
Recommendations from Standing Committees:
 

10.1
Environment, Infrastructure & Community Services Committee meeting of January 13, 2020
This item has attachments. 

1.01-13-20 - Environment, Infrastructure and Community Services Committee.pdf

a.
Statutory Public Meeting and recommendation report for a plan of subdivision for 5219 Upper Middle Road and 2004-2005 Georgina Court (PL-05-20)
This item has attachments. 

1.PL-05-20 report.pdf
2.PL-05-20 - Appendix A.pdf
3.PL-05-20 - Appendix B.pdf
4.PL-05-20- Staff Presentation.pdf
  • Motion No.

    Approve the application submitted by Bloomfield Developments to draft approve a residential plan of subdivision consisting of 4 lots, 3 blocks and a public road at 5219 Upper Middle Road, 2004 & 2005 Georgina Court and Blocks 262 & 263 of Plan 20M-824, as shown in Appendix A of community planning department report PL-05-20, subject to the conditions contained in Appendix B of that report.

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

b.
Public Tree Removal - 310 Appleby Line (RPF-01-20)
This item has attachments. 

1.RPF-01-20 report.pdf
2.RPF-01-20 Appendix A.pdf
3.RPF-01-20 Appendix B.pdf
  • Motion No.

    Approve the request by Coral Gable Custom Homes to remove one City-owned tree (8 cm Honey Locust) from the City's road allowance at 310 Appleby Line to allow driveway access as part of a development application as outlined in roads, parks and forestry department report RPF-01-20; and

    Instruct Coral Gable Custom Homes to provide compensation for the tree removal by providing cash in lieu of replacement totaling $800.  The approved appraisal method is aggregate caliper; and

    Direct that all associated costs with respect to the removal of the tree will be the responsibility of Coral Gable Custom Homes, and the contractor hired to removed the tree will be approved by the Manager of Urban Forestry of designate.

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

c.
Public Tree Removal - 2123 Kevin Cres. (RPF-03-20)
This item has attachments. 

1.RPF-03-20 report.pdf
2.RPF-03-20 Appendix A.pdf
  • Motion No.

    Deny the request to remove a public tree at 2123 Kevin Crescent as outlined in roads, parks and forestry department report RPF-03-20.

    IN FAVOUR: (5)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, and Councillor Stolte
    OPPOSED: (2)Councillor Bentivegna, and Councillor Sharman
    CARRIED (5 to 2)

d.
Public Tree Removal - 297 Kent Cres. (RPF-04-20)
This item has attachments. 

1.RPF-04-20 report.pdf
2.RPF-04-20 Appendix A.pdf
  • Motion No.

    Approve the request by the homeowner at 297 Kent Crescent to remove the small city tree to widen the property driveway as outlined in roads, parks, and forestry department report RPF-04-20; and 

    Instruct the homeowner, Brian Krog, to provide compensation for the tree removal by providing cash in lieu of replacement totaling $1400.  The funds will provide for a new tree to be planted in front of the house and provide care and maintenance for the first two years; and

    Direct that all associated costs with respect to the removal of the tree (including stump removal) will be the responsibility of the homeowner, and the contractor hired to remove the tree will require approval by the Manager of Urban Forestry or designate; and 

    Restrict the width of the new driveway to an additional 2m to allow for an enlarged tree protection zone for the tree in front of 299 Kent Crescent. 

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

e.
City-Wide Private Tree By-Law implementation update (RPF-05-20)
This item has attachments. 

1.RPF-05-20 report.pdf
2.RPF-05-20 Appendix A.pdf
  • Motion No.

    Approve the Urban Private Tree Bylaw 02-2020, Appendix ‘A’ to roads, parks and forestry department report RPF-05-20 and repeal existing Bylaw 43-2018 Pilot Private Tree Bylaw, effective January 27, 2020; and

    Amend Rates and Fees By-law 52-2019 by replacing page 38 of Appendix A to reflect the amended fees; and

    Approve Option 3 - apply the Private Tree By-law to the extent of the Urban Boundary currently and continue consultation with rural landowners, and

    Approve Option 3 - cash in Lieu of replacement of $400.00 per replacement tree considered a 30 mm deciduous tree and 125 cm conifer. Number of trees to be calculated as one 30 mm caliper replacement tree for every 10 cm tree cut down.

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

f.
Confidential legal department update regarding a litigation matter (L-01-20)
 

  • Motion No.

    Receive and file legal department report L-01-20 regarding a litigation update.

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

10.2
Community Planning, Regulation & Mobility Committee meeting of January 16, 2020
This item has attachments. 

1.01-16-20 Post-Meeting Minutes - Community Planning, Regulation and Mobility Committee.pdf

a.
Taking a Closer Look at the Downtown: Preliminary Preferred Concept (PL-02-20)
This item has attachments. 

1.PL-02-20 report.pdf
2.PL-02-20 Appendix A.pdf
3.PL-02-20 Appendix B.pdf
4.PL-02-20 Appendix C.pdf
5.PL-02-20 Appendix D.pdf
6.PL-02-20 Appendix E.pdf
7.PL-02-20 Appendix F1.pdf
8.PL-02-20 Appendix F2.pdf
  • Motion No.

    Receive the report titled “Taking a Closer Look at the Downtown: Preliminary Preferred Concept“, January 2020, prepared by SGL Planning & Design and attached as Appendix A to community planning department report PL-02-20; and

    Endorse the recommended concept (also referred to as the preliminary preferred concept) as discussed in community planning department report PL-02-20 and in the report titled “Taking a Closer Look at the Downtown: Preliminary Preferred Concept“, January, 2020, prepared by SGL Planning & Design (Appendix A), amended as follows:

    1. Exclude from endorsement, subject to the considerations in 2, the recommended concept for the lands identified as:
      1. Village Square Precinct V2 sub area; and
      2. Downtown East Precinct located east of Elizabeth Street and south of Lions Park, and the block bounded by John Street, Maria Street, Elizabeth Street, and James Street; and
    2. Direct the Executive Director of Community Planning, Regulation, and Mobility to consider the following during the development of policy modifications to the adopted Official Plan:
      1. appropriate built form;
      2. enhancement of transition provisions in the Downtown East Mixed-Use Precinct, to ensure an appropriate interface with the areas to both the east and the north;
      3. enhancement of provisions to protect the existing character and streetscape of the Downtown East Mixed-Use Precinct, with particular attention to the pedestrian experience on Elizabeth Street;
      4. appropriate built form in the V2 area of Village Square Precinct, with appropriate performance standards to avoid or mitigate potential impacts from new development on the existing low-rise buildings on Martha Street and existing low-rise buildings west of Pearl Street;
      5. policy or mapping-based solutions to acknowledge, protect, and enhance existing community institutions or other private organizations that provide public services or amenities; and
    1. Recognize the need for a transportation corridor through the Mid-Brant Precinct without presupposing that it must be a road, to allow consideration of the appropriate function of the new transportation corridor during the block planning exercise; and
    2. Direct the Executive Director of Community Planning, Regulation and Mobility to consider, during the development of policy modifications to the adopted Official Plan, enhancement of transition provisions in the Upper Brant Mixed-Use Precinct north of Ghent Avenue to ensure an appropriate interface with the established neighbourhoods to the east; and

    Direct the Director of Community Planning to prepare detailed modifications to the Adopted Official Plan to implement the recommended concept as discussed in community planning department report PL-02-20 and in the report titled “Taking a Closer Look at the Downtown: Preliminary Preferred Concept“, January, 2020, prepared by SGL Planning & Design (Appendix A).

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

10.3
Corporate Services, Strategy, Risk & Accountability Committee meeting of January 16, 2020
This item has attachments. 

1.Post-Meeting Minutes - Corporate Services, Strategy, Risk and Accountability Committee_Jan16_2020 - English.pdf

a.
Official delegation to Apeldoorn, the Netherlands (CL-03-20)
This item has attachments. 

1.CL-03-20 report.pdf
  • Motion No.

    Authorize travel of an official delegation to Apeldoorn, the Netherlands in May 2020 to celebrate the 15th anniversary of twinning between the City of Burlington and the City of Apeldoorn, comprised of the Mayor, Councillor liaison to the Mundialization Committee, City Manager or designate, a member of Clerks staff, Chair of the Mundialization Committee and the Chair of the Apeldoorn sub-committee to be funded from the Corporate Mundialization Initiatives account and the Mundialization Reserve Fund; and

    Approve the purchase of a commemorative gift up to a value of $2,000 including shipping, as the official gift from Burlington to Apeldoorn on the occasion of the 15th twinning anniversary; and

    Approve the purchase of a key to the city to present to the Mayor of Apeldoorn, funded from the Mundialization Committee's budget.

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

b.
Structure for twinning relationships (CL-02-20)
This item has attachments. 

1.CL-02-20 report.pdf
2.CL-02-20 Appendix A.pdf
  • Motion No.

    Approve the proposed structure for twinning relationships contained in Appendix A of clerks department report CL-02-20.

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

c.
Procedure By-law update (CL-01-20)
This item has attachments. 

1.CL-01-20 report.pdf
2.CL-01-20 Appendix A.pdf
  • Motion No.
    Moved by:Councillor Kearns
    Seconded by:Councillor Stolte

    Amend procedure by-law update (CL-01-20) with the following:

    Replace the entire paragraph in section 4.2 from the procedure by-law update with the following:

    “The rotation of the Deputy Mayor will be on a quarterly basis, determined by the mayor in consultation with council prior to the start of each calendar year, subject to the provisions of section 4.1 and availability”; and

    Add a clause into Section 39 that reads as follows:

    “At the discretion of the Mayor/Chair, City Manager or City Clerk, written delegation material may be requested in advance of the meeting prior to confirming registration as a delegation.  Upon review of that material by the Mayor/Chair, City Manager or City Clerk,  if it is deemed not applicable to the business of Council or Standing Committee, the delegation will not be registered to speak at the meeting”

    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.

    Approve City of Burlington Procedure By-law 04-2020 attached as Appendix A to clerks department report CL-01-20, amended as follows:

    • Remove the wording "(In the event that the EICS Committee meeting goes beyond the hour of 10:30 p.m., the start time of the CPRM Committee meeting will be 10:00 a.m.)" from section 11.1; and
    • Change section 28.1 to read "All meetings will adjourn when Council, or Committee have completed all business listed on the agenda, or at 10:00 p.m., whichever is earlier. No meeting will proceed beyond the hour of 10:00 p.m."; and
    • Delete sections 28.2 and 28.3.; and
    • Replace the entire paragraph in section 4.2 from the procedure by-law update with the following:
      “The rotation of the Deputy Mayor will be on a quarterly basis, determined by the mayor in consultation with council prior to the start of each calendar year, subject to the provisions of section 4.1 and availability”; and
    • Add a clause into Section 39 that reads as follows:
      “At the discretion of the Mayor/Chair, City Manager or City Clerk, written delegation material may be requested in advance of the meeting prior to confirming registration as a delegation. Upon review of that material by the Mayor/Chair, City Manager or City Clerk, if it is deemed not applicable to the business of Council or Standing Committee, the delegation will not be registered to speak at the meeting”
    IN FAVOUR: (7)Mayor Meed Ward, Councillor Galbraith, Councillor Kearns, Councillor Nisan, Councillor Stolte, Councillor Sharman, and Councillor Bentivegna
    CARRIED (7 to 0)

d.
Staff directions from 2020 budget (F-46-19-2) (SD-01-20)
 

  • Motion No.

    Direct the Chief Financial Officer to review the city’s Debt Policy taking into consideration commitments and other long-term obligations including those that are financially supported by community groups, partners and/or stakeholders.

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

    Direct the City Manager to consider adding a business license review as a candidate project under the audit and accountability fund.

    LOST (2 to 5)

11.
Motion to Approve Standing Committee Minutes:
 

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

    Approve the following minutes:

    CARRIED

12.
Reports of Municipal Officers:
 

None

13.
Notices of Motion:
 

None

14.
Motions:
 

None

15.
Motion to Receive and File Council Information Packages:
 

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

16.
Motion to Receive and File Information Items:
 

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

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

    CARRIED

16.1
Memo from Angela Morgan, City Clerk regarding procedure by-law amendments (CL-01-20)
This item has attachments. 

1.Procedure By-law amendments memo.doc.pdf

16.2
Correspondence from Metrolinx regarding taking a closer look at the downtown: preliminary preferred concept (PL-02-20)
This item has attachments. 

1.PL-01-20, Metrolinx Comments on Burlington ICBL_Final.pdf

16.3
Correspondence from Denise Baker, representing WeirFoulds LLP, regarding taking a closer look at the downtown: preliminary preferred concept (PL-02-20)
This item has attachments. 

1.PL-02-20, Correspondence to Mayor Council Members Jan 21.20 - Arya Properties Ltd._14206173 (1).pdf

16.4
Correspondence from Jane McKenna MPP, Burlington regarding Taking a Closer Look at the Downtown: Preliminary Preferred Concept (PL-02-20)
This item has attachments. 

1.PL-02-20, Jan24-20_Min Mulroney Letter re Metrolinx.pdf

16.5
Delegation materials from Anne and Dave Marsden regarding Procedure by-law update (CL-01-20)
This item has attachments. 

1.Delegation material Anne and Dave Marsden.pdf
2.CL-01-20 Delegation material Anne and Dave Marsden, procedure by-law update.pdf

16.6
Correspondence from David Bronskill representing Goodmans LLP regarding Taking a closer look at the Downtown: Preliminary Preferred Concept (PL-02-20)
This item has attachments. 

1.PL-02-20, Correspondence from David Bronskill representing Goodmans LLP, Vrancorp Letter to Burlington.pdf
2.PL-02-20, Correspondence from David Bronskill representing Giidmans LLp, Core Letter to Burlington.pdf
3.PL-02-20, Correspondence from David Bronskill representing Goodmans LLP, Reserve Letter to Burlington.pdf

16.7
Correspondence from Kevin Rutherford regarding Statutory Public Meetng and recommendation report for a plan of subdivision for 5219 Upper Middle Road and 2004-2005 Georgina Court (PL-05-20)
This item has attachments. 

1.5219 Upper Middle Rd and 2004-2005 Georgina Crt.pdf

17.
Motion to Consider Confidential Items:
 

None

18.
Motion to Approve By-Laws:
 

  • Motion No.
    Moved by:Councillor Stolte
    Seconded by:Councillor Nisan

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

    CARRIED (7 to 0)

19.
Motion to Confirm Proceedings of the Council Meeting:
 

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

    ​​Enact and pass By-law Number 05-2020, being a by-law to confirm the proceedings of Council at its meeting held January 27, 2020, being read a first, second and third time.

    CARRIED

20.
Statements by Members:
 

21.
Motion to Adjourn:
 

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

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

    9:24 pm

    CARRIED
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