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, , 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, , 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. (PR-16-12)

DIRECTION TO SET THE MONEY FOR THE BRANT STREET PIER WIND TURBINE ASIDE FOR A FUTURE RENEWABLE ENERGY PROJECT

Direct the Executive Director of Finance upon total project completion to transfer the value of the approved change order for the wind turbine element of the Brant Street Pier project to the Capital Purposes Reserve for renewable energy projects; and

Direct the Executive Director of Corporate Strategic Initiatives to advise the Community Energy Plan Steering Committee that this reserve is in place for future consideration. (Mayor Goldring) (SD-26-12)

REFERRAL OF STAFF DIRECTION REGARDING TRANSIT FARE OPTIONS FOR SENIORS TO THE NEXT COMMUNITY SERVICES COMMITTEE MEETING

Refer the motion from Councillor Sharman regarding investigation of fare options for Seniors on Burlington Transit conventional services to the next Community Services Committee meeting. (Councillor Sharman) (SD-27-12)

ONE ITEM FOR RECEIPT:

Receive and file the following item, having been given due consideration by the Community Services Committee:

Brant Street Pier project update #15. (CSC-10-12, June 20, 2012)

Committee of the Whole meeting of June 26, 2012

ONE ITEM FOR RECEIPT:

Receive and file the following item, having been given due consideration by the Committee of the Whole:

PowerPoint presentation on the Community Engagement Charter from Christine Iamonaco, Public Involvement Coordinator and Engagement Charter Team Members Chris Walker and Steve Surya. (COW-17-12)

REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 7

MOTION TO ADOPT RECOMMENDATIONS FROM STANDING COMMITTEES:

76. Moved by: Councillor Dennison Seconded by: Councillor Craven

Community Development Committee Report No. 8-12 Meeting of June 18, 2012. As presented

Budget & Corporate Services Committee Report No. 9-12 Meeting of June 19, 2012. As presented

Community Services Committee Report No. 8-12 Meeting of June 20, 2012. As presented

Committee of the Whole Report No. 6-12 Meeting of June 26, 2012. As presented

MOTION CARRIED

REPORT OF MUNICIPAL OFFICERS:

APPROVAL OF APPOINTMENTS TO BOARDS AND CITIZEN COMMITTEES

Approve the appointment of Mark Eade to the Burlington Downtown Business Association Board of Management; and

Approve appointments to the Burlington Transit Advisory Committee and the Burlington Inclusivity Advisory Committee as outlined in Confidential Appendix B of Clerks Department report CL-16-12 and make public the names of successful candidates following Council approval; and

Approve the following individuals for appointment to the Burlington Transit Advisory Committee for a term to expire December 31, 2014 or until a successor is appointed: Brian Coleman Jenny Wen Cecille Whyte Karen Robins; and

Approve the following individuals for appointment to the Burlington Inclusivity Advisory Committee for a term to expire December 31, 2015 or until a successor is appointed: Arfa Dar Asmita Singh. (CL-16-12)

REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 8

MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES:

77. Moved by: Councillor Taylor Seconded by: Councillor Dennison

Receive and file the following Information Package, having been prepared and distributed to Council:

June 15, 2012

MOTION CARRIED

CONSIDERATION OF BY-LAWS:

78. Moved by: Councillor Craven Seconded by: Councillor Meed Ward

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

By-law No. Title

51-2012 A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the tender award for minor reconstruction of Sheraton Road and Queen‟s Court, Ward 5. File: 570.02-553 (E-36-12, DA-39-12)

52-2012 A by-law under the Building Code Act respecting construction, demolition, change of use, occupancy, transfer of permits and inspections. File: 565-110-03 (PB-43-12)

53-2012 A by-law to amend Sign By-law 34-2007, as amended. File: 790-01 (PB-29-12-1)

54-2012 A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the tender award for reconstruction of First Street, Market Street, Green Street and Beaver Street, Ward 2. File: 570.02-551 (E-34-12)

55-2012 A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the tender award for the replacement of arena boards at Mainway Arena (Pad A) and Skyway Arena, Wards 4 and5. File: 925-06 (PR-20-12)

2020.315 A by-law to amend By-law 2020, as amended; to permit a comprehensive development of two apartment buildings at 396 & 410 Plains Rd. East and 980 & 986 Falcon Boulevard, Ward 1. File: 520-02-10 (PB-12-12)

MOTION CARRIED REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 9

STATEMENTS BY MEMBERS:

Councillor Sharman advised that the item regarding shark fins that he was asked at the last Community Development Committee meeting to take to the Sustainable Development Committee will be brought forward in the Fall for discussion.

Councillor Lancaster invited residents to the grand opening of Norton Park in the Alton community on July 14 at 11a.m. For more information, call her office at 905 335-7600, ext. 7480. The report concerning the addition of portables at Charles Beaudoin School will be discussed at the Community Development Committee meeting on July 9 at 6:30 p.m. Residents are encouraged to attend.

Councillor Craven advised of an open house being held on July 5 at Aldershot Arena from 6:30 p.m. to 8 p.m. to discuss the problems associated with storm water drainage in south Aldershot. Movies under the Stars will be held on July 19 at Kiwanis Park at 9 p.m. featuring the movie “Big Miracle”.

Councillor Meed Ward advised that she and her husband will be leading a tour for the Downtown Dining event on July 8 which provides a great opportunity to sample foods from various restaurants in the downtown. Go to www.burlingtondowntown.ca for tickets. Residents are invited to participate in Car Free Sunday in the downtown on July 15 from 2 p.m. to 7 p.m. where there will be lots of food, live music and a marketplace. Brant Street will be closed from Blenheim Street to Lakeshore Road. Country & Blues BBQ Festival will be held in Spencer Smith Park from July 13 to July15.

Mayor Goldring thanked the Special Events team for a great Canada Day event and noted that everything was first class. The Burlington Teen Tour Band will be participating in the first 4th of July parade in the United States which will take place in Gatlinburg, Tennessee at 12 midnight. Best wishes to the band.

MOTION TO CONFIRM PROCEEDINGS OF THE COUNCIL MEETING:

79. Moved by: Councillor Meed Ward Seconded by: Councillor Sharman

Enact and pass By-law Number 56-2012, being a by-law to confirm the proceedings of Council at its meeting held Tuesday, July 3, 2012, being read a first, second and third time.

MOTION CARRIED

REGULAR MEETING OF COUNCIL NO. 14-12 JULY 3, 2012 PAGE 10

MOTION TO ADJOURN:

80. Moved by: Councillor Sharman Seconded by: Councillor Lancaster

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

Time: 7:34 p.m.

MOTION CARRIED

Angela Morgan Rick Goldring CITY CLERK MAYOR

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