City of Burlington
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CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO. 14-12 MINUTES DATE OF MEETING: Tuesday, July 3, 2012. PLACE OF MEETING: Council Chambers, Level 2, City Hall at 7:00 p.m. MEMBERS PRESENT: Mayor Rick Goldring and Councillors Rick Craven, Marianne Meed Ward, John Taylor, Jack Dennison, Paul Sharman and Blair Lancaster. STAFF PRESENT: Jeff Fielding, Frank McKeown, Angela Morgan, Jo-Anne Rudy and Amir Aazam. MOTION TO CONFIRM COUNCIL MEETING MINUTES: 75. Moved by: Councillor Dennison Seconded by: Councillor Taylor Confirm the minutes of the following meetings of Council: Regular meeting of Council No. 12-12 held Monday, June 11, 2012 and special meeting of Council No. 13-12 held Monday, June 18, 2012. MOTION CARRIED DECLARATIONS OF INTEREST: None. DELEGATIONS: Report providing a lottery license review for community organizations. Related to Item PB-30-12 John Vice, 241 Plains Road East, Burlington, requested that the workshop scheduled to take place this fall be an opportunity for staff to encourage and listen to community organizations in order to simplify the process with respect to charitable gaming and make it more efficient. REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 2 CONSIDERATION OF RECOMMENDATIONS FROM STANDING COMMITTEES: Community Development Committee meeting of June 18, 2012 APPROVAL OF CONSOLIDATED BUILDING PERMIT BY-LAW 56-2005 Receive planning and building department report PB-43-12, dated May 11, 2012; and Enact By-law 53-2012, attached as Appendix A to planning and building department report PB-43-12, which repeals Building Permit By-Law 56-2005. (PB-43-12) APPROVAL TO REMOVE FOUR TREES AT 123 AVONDALE COURT Approve Gus Ricci, Architect to remove four (4) City trees from the Avondale Court frontage for driveway access to the proposed 2 storey single family dwelling. The species are Norway Spruce (1) and Eastern White Cedar (3). The trees range in calliper size from 16.0 cm to 32.0 cm; and Require Gus Ricci, Architect to provide compensation to the City in the amount of $5,200.00 as per the value established by the City Forester, prior to final site plan approval; and Instruct that all associated costs with respect to the removal of the trees be the responsibility of Gus Ricci, Architect, and the contractor hired to remove trees will be approved by the City of Burlington City Forester. (PB-47-12) APPROVAL TO REVIEW PROCESS FOR REZONING APPLICATIONS – IN CONJUNCTION WITH LEGAL DEPARTMENT REPORT L-17-12 Instruct the Director of Planning and Building to: - prepare a report addressing the need for a new lapsing provision applying to an approved zoning by-law that was not enacted; and - provide public notice; and - report back to the Community Development Committee by September 10, 2012. (PB-41-12) ENDORSEMENT OF PROJECT SCOPE FOR 2012 OFFICIAL PLAN REVIEW Receive a summary of the external and internal scan of the Official Plan; and Endorse the general project scope proposed in this report for the 2012 Official Plan Review, with the understanding that emerging or unanticipated circumstances will be reported to City Council and will be subject to further consideration with respect to resource and time requirements; and Direct the Director of Planning and Building to develop an overall work plan for the Official Plan Review, such work plan to outline the overall time, resources, topic linkages REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 3 and communication and public engagement approaches required to address the proposed scope of the review; and Direct the Director of Planning and Building to move ahead as soon as possible with discussions with the public regarding issues related to the lot patterns at Indian Point and Roseland. (PB-44-12-1) APPROVAL TO AMEND SIGN BY-LAW 34-2007 Approve the following amendments to Sign By-law 34-2007 as it relates to the Plains Road Corridor so that the size of permitted portable signs is related to the distance from the building to the street: The maximum sign area of a portable sign shall not exceed l.5 m² and shall not exceed a height of 1.2 m where the distance between the building and the street line is a maximum of 20.0 m, The maximum sign area of a portable sign shall not exceed 2.4m² and shall not exceed a height of 3.7m where the distance between the building and the street line is a minimum of 20.0m; and Approve amendments to the by-law as it relates to the Plains Road Corridor to require sidewalk signs to be permitted only when a portable sign is not in use, thus eliminating excessive signage, and retain all other regulations under the current by-law. (PB-29-12-1) SEVEN ITEMS FOR RECEIPT: Receive and file the following seven items, having been given due consideration by the Community Development Committee: Confidential legal report regarding rezoning applications related to planning and building department report PB-41-12. (L-17-12, May 28, 2012) Report providing a lottery license review for community organizations. (PB-30-12, May 28, 2012) Memorandum from the Heritage Burlington Advisory Committee providing an information update. (CDC-9-12, June 8, 2012) Presentation from Alan Gummo, Manager of Policy and Research regarding the project scope for 2012 Official Plan review. (PB-44-12-2, June 8, 2012) Presentation from the Sustainable Development Committee regarding the 2012 Official Plan review. (PB-44-12-3, June 18, 2012) Memorandum from the Heritage Burlington Advisory Committee regarding the 2012 Official Plan review. (PB-44-12-4, June 13, 2012) REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 4 Presentation from Tracey Burrows, Manger By-law Enforcement and Licensing regarding proposed amendments to Sign By-Law 34-2007. (PB-29-12-2, March 26, 2012) Budget & Corporate Services Committee meeting of June 19, 2012 ENDORSEMENT OF PROPOSED AMENDMENTS REGARDING DISTRICT ENERGY IN THE PROVINCIAL POLICY STATEMENT Endorse the recommended amendments regarding District Energy to the Provincial Policy Statement found in Appendix B through a signed letter by the Mayor to the Minister of Municipal Affairs and Housing found in Appendix A to this report. (CSI-15- 12) AUTHORIZATION TO APPEAL THE CURRENT VALUE ASSESSMENT OF CERTAIN PROPERTIES IN BURLINGTON Authorize the Executive Director of Finance to appeal the Current Value Assessment (CVA) of properties within the City of Burlington that are assessed incorrectly for various reasons as outlined in Schedule „A‟ of Report F-31-12; and Authorize the Executive Director of Finance to represent the City in all matters before the Assessment Review Board (ARB); and Authorize the Executive Director of Finance to sign Minutes of Settlement under Section 33, 34 and 40 of the Assessment Act; and Authorize the Executive Director of Finance to submit Request for Reconsiderations under Section 39.1 of the Assessment Act as deemed necessary; and Authorize the Executive Director of Finance to seek assessment changes or tax class changes on properties under appeal to the Assessment Review Board as deemed necessary. (F-31-12) FIVE ITEMS FOR RECEIPT: Receive and file the following five items, having been given due consideration by the Budget and Corporate Services Committee: Report providing 2011 city wide development charges reserve fund statement. (F-30- 12, May 17, 2012) Report providing an update on the “Know Where to Throw Towards Zero Waste Program”. (CSI-12-12, May 30, 2012) Presentation from Sean Kenney, Waste Division Coordinator, on the Know Where to Throw Towards Zero Waste Program. (CSI-12-12-2, June 19, 2012) REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 5 Report providing information on City Manager‟s first ninety days. (CM-9-12, June 5, 2012) Joseph Brant Memorial Hospital Update Bulletin 3. (BCS-14-12, June 19, 2012) Community Services Committee meeting of June 20, 2012 APPROVAL OF THE TENDER FOR STREET RECONSTRUCTION ON FIRST, MARKET, GREEN AND BEAVER STREETS Approve the tender for First Street, Market Street, Green Street and Beaver Street Reconstruction - Contract No. ENG 12-04, submitted by Tedescon Infrastructure Ltd., 9667 Huntington Road, Kleinburg, Ontario, L0J 1C0 at a total tender price of $1,267,113.07 (HST included); and Authorize the Manager of Purchasing to issue a purchase order to Tedescon Infrastructure Ltd.; and Direct the Mayor and City Clerk to sign all related documents; and Approve the total project cost of $ 1,650,000 be charged to Capital Order RL0193, and Approve the following financing: Non tax supported debt $ 36,000 Capital from Current $ 1,314,000 Region of Halton $ 300,000 Total financing $ 1,650,000; and Direct the City Clerk to prepare a debenture by-law. (E-34-12) APPROVAL OF KSL DESIGN FOR THE SUPPLY AND INSTALLATION OF SWINGS Direct the Director of Parks and Recreation and the Manager of Purchasing Services to accept the submission from KSL Design, 18 Spalding Drive, P.O Box 25085, Brantford, Ontario, N3T 6K5, for the supply and installation of swings related to future playground construction contracts to the end of 2015, under the conditions of the Request for Tender TEN-12-01. (PR-22-12) APPROVAL OF THE SITE LAYOUT AND CONCEPTUAL DESIGN FOR ELGIN PARK Approve the site layout and conceptual design for the roads and parks maintenance facility, Apeldoorn feature and playground at Elgin Park. (CSI-14-12) REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 6 APPROVAL OF DIRECTIONS REGARDING THE OBSERVATORY AT SPENCER‟S AT THE WATERFRONT Direct the Director of Parks and Recreation to proceed as directed in confidential parks and recreation department report PR-16-12.