CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO MONDAY, APRIL 29, 2013 IN COUNCIL CHAMBERS LEVEL 2, CITY HALL AT 6:30 P.M.

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1 CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO MONDAY, APRIL 29, 2013 IN COUNCIL CHAMBERS LEVEL 2, CITY HALL AT 6:30 P.M. AGENDA CALL TO ORDER: NATIONAL ANTHEM: REGRETS: PROCLAMATIONS: Building Safety Month May 2013 Apeldoorn Month May 2013 Burlington Gymnastics Club Day May 3, 2013 Canada Netherlands Friendship Day May 4, 2013 National Public Works Week May 19 to 25, 2013 National Access Awareness Week May 26 to June 1, 2013 CONFIRMATION OF MINUTES: Confirm the minutes of the following meetings of Council: Regular meeting of Council No held Monday, April 8, RECOGNITION AND ACHIEVEMENTS: Mayor Goldring will recognize Ida Parsons for her 20 year contribution, working on the Burlington Road Safety Committee. DECLARATIONS OF INTEREST:

2 DELEGATIONS: Any person, group of persons or organization wishing to appear before City Council must register by noon on the day of the Council meeting either in writing, by fax , by or by telephone , Ext with the Clerks Department. Delegations will only be permitted to register when there is a specific recommendation, motion and/or by-law listed on the Council Agenda. Each delegation is allowed a maximum of five minutes to present their support or opposition to the item. Delegations are encouraged to provide a written brief of their delegation for the official public record. Direction to consult with appropriate stakeholders and research railway safety. See Item SD-18-13, page 5 Denise Davy, resident, will speak to the item. REPORTS OF THE STANDING COMMITTEES This Council Meeting is the final stage of decision-making after a thorough review process. Members of Council have heard delegations, read and considered reports, and discussed a variety of recommendations presented to three meetings of the standing committees. Tonight, we will be making Council decisions about the recommendations from the committees. I will read aloud the heading of each item that delegations have spoken to us about. If a member of Council wants to ask any questions or share more information about the item, they will do so. I will also note that there are many items council has received that are recommended to be received and filed. After all of the items have been noted, I will then ask Council to vote on one motion to approve the recommendations arising from the standing committees. The meetings we ll be dealing with at tonight s council meeting include: Community Services Committee Report No Meeting of April 15, 2013 See pages 3-7 Development and Infrastructure Committee Report No Meeting of April 15, 2013 See pages 8-10 Committee of the Whole Report No Meeting of April 18, 2013 See pages 11-12

3 COMMUNITY SERVICES COMMITTEE REPORT NO RECOMMENDATIONS TO COUNCIL MEETING OF APRIL 29, 2013 DATE OF MEETING: Monday, April 15, 2013 PLACE OF MEETING: MEMBERS PRESENT: REGRETS: STAFF PRESENT: OTHERS PRESENT: Council Chambers, Level 2, City Hall at 1:00 p.m. Councillors Paul Sharman (Chair), Blair Lancaster, Rick Craven, Marianne Meed Ward, Jack Dennison and Mayor Rick Goldring Councillor John Taylor Kim Phillips, Scott Stewart, Allan Magi, Chris Glenn, Bruce Zvaniga, Cathy Robertson, Joan Ford, Sheila Jones, Jason Schmidt-Shoukri, Donna Kell, Grant Bivol, Rob Peachey, Denise Beard, Ann-Marie Coulson, Craig Stevens, Michelle Dwyer, David Taggart, Paul Byrne, Mike Fillion, Jeff Black, Rita Hardy, Angela Paparizo, Carla Marshall, Jackie Isada, Amir Aazam and Denis Farr (Clerk) Vince Mauceri, Transforward Consulting Group Inc. and Dragos Paraschiv, Exergy Associates Ltd. DECLARATIONS OF INTEREST: None RECOMMENDATIONS: SEVEN ITEMS FOR CONSIDERATION: APPROVAL OF THE TENDER FOR CITY VIEW PARK PHASE 2 Accept the tender for Contract ENG-13-26, City View Park Phase 2 Landscape Construction, submitted by Gateman-Milloy Inc., 270 Shoemaker Street, Kitchener, ON N2E 3E1, at the tender price of $2,079, (including HST); and Direct the Mayor and City Clerk to sign any related documents; and Approve the estimated project cost of $2,287,900 to capital account PD0185, with financing provided from:

4 Pan/Para PanAm TO2015 $1,120,000 Capital from Current $731,500 Parkland Development Charges Reserve Fund $436,400; and Authorize the Manager of Purchasing to issue a purchase order. (PR-15-13, March 11, 2013) APPROVAL OF THE CORPORATE ENERGY MANAGEMENT PLAN AND 2012 GREEN- HOUSE GAS UPDATE Approve the Corporate Energy Management Plan as presented in Appendix A of corporate strategic initiatives department report CSI ; and Present relevant content/data from corporate strategic initiatives department report CSI to the Ontario Ministry of Energy and publish on the City of Burlington s website in order to encourage energy conservation, and meet the City s obligations under Ontario Regulation 397/11. (CSI , March 5, 2013) DIRECTION TO POSTPONE COUNCIL DIRECTION REGARDING THE SECONDARY PLAN FOR THE EVERGREEN COMMUNITY Amend the Council direction to bring forward the secondary plan for the Evergreen community with a deferral until a new date can be established following the Evergreen resolution of the Ontario Municipal Board hearing for Regional Official Plan Amendment (ROPA) 38. (PB-31-13, March 26, 2013) AUTHORIZATION TO CONSIDER SIGNAGE, CODE OF CONDUCT AND FIRST AID EQUIPMENT AT BEACHWAY PARK Authorize the Director of Parks and Recreation to consider items 4, 5, 6, and 27, regarding improved signage, displayed information, and first aid equipment, as the approved 2013 capital and current budgets are implemented and in preparing the 2014 budget. (PR March 13, 2013) APPROVAL OF THE FLEET ASSET MANAGEMENT AND VEHICLE DEPRECIATION RESERVE FUND POLICY Approve policy Fleet Asset Management and Vehicle Depreciation Reserve Fund Policy, as outlined in Appendix A of roads and parks maintenance department report RPM (RPM-02-13, March 14, 2013) APPROVAL OF THE 2013 EMERALD ASH BORER ACTION PLAN Approve the 2013 Emerald Ash Borer Action Plan as contained in roads and parks maintenance department report RPM (RPM-05-13, March 21, 2013)

5 APPROVAL OF THE SUSTAINABLE FINANCIAL STRATEGY FOR THE DOWNTOWN AND AUTHORIZATION FOR THE DIRECTOR OF TRANSPORTATION SERVICES TO REPORT BACK WITH A WORKPLAN Direct the Director of Transportation Services to involve the Downtown Parking Committee and other stakeholders in the development and evaluation of alternative approaches to operational and financial strategies, assess and develop workplans to appropriately address the identified challenges in Phase B of the Downtown Parking Study; and Direct the Director of Transportation Services, in consultation with the Director of Finance, to report on a sustainable financial strategy for the operation, maintenance and expansion of municipal parking facilities in the downtown, with consideration of the potential changes identified in Appendix C of transportation services department report TS (TS , March 28, 2013) TWO STAFF DIRECTIONS: DIRECTION TO RESEARCH WATER QUALITY CONCERNS AT BEACHWAY PARK Direct the Director of Parks and Recreation to report back to Community Services Committee by the end of June 2013 with background about water quality concerns at Beachway Park and existing data available; and Direct the Director of Parks and Recreation to have staff discuss opportunities for addressing improved water quality with the Region of Halton, Conservation Halton and City of Hamilton staff and report back to the Community Services Committee in Fall (SD-17-13, Councillor Sharman) DIRECTION TO CONSULT WITH APPROPRIATE STAKEHOLDERS AND RESEARCH RAILWAY SAFETY Direct the Director of Transportation Services to consult the Minister of State (Transport) and request that: The Railway Association of Canada and Transport Canada investigate the issues of safety and access to rail lines throughout Burlington Report publicly the investigation and its findings; and Direct the Director of Transportation Services to consult with Go Transit and Metrolinx on participating in the investigation through the Ministry of Transportation; and Direct the Director of Transportation Services to consult Police Services, Health and Public Works Departments in the Region of Halton to participate in the investigation; and

6 Direct the General Manager of Development and Infrastructure to involve City of Burlington staff to assist with the above; and Direct the Director of Roads and Parks Maintenance to review publicly held lands that abut railway properties and take the appropriate corrective action; and Direct the City Clerk to notify the Region of Halton and its lower-tier municipalities (Town of Oakville, Town of Milton, Town of Halton Hills) of the staff direction; and Direct the City Clerk to notify Jane McKenna, MPP- Burlington, Mike Wallace, MP - Burlington and Lisa Raitt, MP - Halton of the staff direction. (SD-18-13, Councillor Meed Ward and Mayor Goldring) ELEVEN ITEMS FOR RECEIPT: Receive and file the following eleven items, having been given due consideration by the Community Services Committee: Report providing an environmental update from Take Action Burlington. (CSI-15-13, March 25, 2013) Correspondence from Denise Davy regarding increased safety measures along train tracks. (CSC-05-13, April 4, 2013) Memorandum from Rob Peachey, Manager of Parks and Open Space regarding the ball hockey court at Bolus Gardens Parkette. (CSC-06-13, April 4, 2013) Report providing the Downtown Parking Study Phase B - A Sustainable Financial Strategy, prepared by Carl Walker Inc. (TS , April 15, 2013) Presentation from David Taggart, Manager of Facility Assets, providing an update on the Corporate Energy Management Plan. (CSI , April 15, 2013) Supporting documentation regarding the Blue Flag designation. (PR , April 15, 2013) Presentation from Precise Park Link regarding downtown parking. (TS , March 28, 2013) Presentation from Kim Phillips regarding the Hoshin Kanri Strategy Deployment and Burlington, Our Future Implementation. (CSC , April 15, 2013) Supporting documentation regarding the Hoshin Kanri Strategy Deployment and Burlington, Our Future Implementation. (CSC , April 15, 2013)

7 Brant Street Pier Update #25. (CSC , March 25, 2013) Presentation from Craig Stevens, Senior Project Manager regarding the Brant Street Pier Update #25. (CSC , March 7, 2013) DELEGATIONS: Correspondence from Denise Davy regarding increased safety measures along train tracks. (CSC-05-13, April 4, 2013) Denise Davy spoke in support of increased safety measures along train tracks. Report providing a sustainable financial strategy for downtown parking and authorize the Director of Transportation Services to report back with a workplan. (TS , March 28, 2013) Peter Groccia, President of Precise Parklink, 100 Floral Parkway Blvd, Toronto, appeared to speak in support of the report. STAFF REMARKS: Craig Stevens, Senior Project Manager, provided an overview of the progress of the Brant Street Pier project. Donna Kell, Manager of Communications and Carla Marshall, Supervisor of Events, provided an update regarding the grand opening of the Brant Street Pier. ADJOURNMENT: 4:07 p.m.

8 DEVELOPMENT AND INFRASTRUCTURE COMMITTEE REPORT NO RECOMMENDATIONS TO COUNCIL MEETING APRIL 29, 2013 DATE OF MEETING: Monday, April 15, 2013 PLACE OF MEETING: MEMBERS PRESENT: REGRETS: STAFF PRESENT: OTHERS PRESENT: Council Chambers, Level 2, City Hall at 6:30 p.m. Councillors Rick Craven (Chair), Jack Dennison, Marianne Meed Ward, Paul Sharman, Blair Lancaster and Mayor Rick Goldring Councillor John Taylor Scott Stewart, Jason Schmidt-Shoukri, Allan Magi, Tom Eichenbaum, Bruce Zvaniga, Cathy Robertson, Roz Minaji, Jenna Puletto, Jackie Isada, Amir Aazam, and Lisa Palermo (Clerk) Jim Clemens, Chair Heritage Burlington Advisory Committee DECLARATIONS OF INTEREST: None RECOMMENDATIONS: ONE ITEM FOR CONSIDERATION: APPROVAL OF ZONING BY-LAW AMENDMENT FOR 2386 AND 2400 NEW STREET Approve the application for a Zoning By-law Amendment, submitted by CLV Group Inc., 485 Bank St, Suite 200, Ottawa, ON. K2P 1Z2, on behalf of Interrent REIT, 485 Bank St. Suite 207, Ottawa, ON. K2P 1Z2, to rezone the lands at 2386 and 2400 New Street from RH1 to RH1-443 to permit an increased density to allow the conversion of existing storage space into 10 additional apartment units; and Instruct planning and building department staff to prepare the By-law to amend Zoning By-law 2020, as amended, rezoning the lands from RH1 to RH1-443, following payment of all applicable fees. The exception is to contain the following provisions: Exception 443: Density: 194 units per hectare maximum

9 Required Occupant Parking: 276 parking spaces, including 5 accessible parking spaces Required Visitor Parking: 13 parking spaces, including 0 accessible parking spaces Parking lot setback abutting New Street: 0 m Driveway setback abutting a habitable room on the south elevation: 1.3 m Front Yard: 5.3 m Required Amenity Area: 29 m2 per unit Building Height: 11 storeys maximum Landscape area abutting New Street: 5.3 m; 0 m for Parking Lots Landscape buffer abutting a RM1 zone: 2.6 m (west side); 2.75 m (south side); and Deem that the amending Zoning By-law conforms to the Official Plan for the City of Burlington. (PB ) FOUR ITEMS FOR RECEIPT: Receive and file the following four items, having been given due consideration by the Development and Infrastructure Committee: Report regarding the owner s request to remove 504 Indian Road from the Municipal Register for demolition. (PB-34-13, March 25, 2013) PowerPoint presentation from Jenna Puletto, Planner regarding the rezoning application for 2386 and 2400 New Street. (PB , March 20, 2013) Correspondence from a resident regarding the rezoning application for 2386 and 2400 New Street. (PB , March 20, 2013) PowerPoint presentation from Scott Stewart, General Manager, Development and Infrastructure Division, regarding strategic questions related to the Development and Infrastructure Division. (DI-14-12, April 15, 2013) PUBLIC MEETINGS: PUBLIC MEETING NO APPROVAL OF ZONING BY-LAW AMENDMENT FOR 2386 AND 2400 NEW STREET The Development and Infrastructure Committee, in accordance with Section 34 of the Planning Act, as amended, held Public Meeting No. 5 on April 15, 2013, to approve the report regarding an amendment to Zoning By-law 2020 to permit an increased density to allow the conversion of existing storage space into 10 additional apartment units. Having considered the oral and written comments from staff and delegations, the Development and Infrastructure Committee approved the recommendation in planning and building department report PB for consideration by Council, as noted above.

10 For the purposes of the Planning Act requirements, the following person(s) made oral submissions at this meeting: Greg Poole, representing CLV Group Inc., appeared to speak in support of the recommendation. Poole relayed to Committee that he was delegating to make himself available to answer questions. (DI-38) For the purposes of the Planning Act requirements, the following person(s) made written submissions at this meeting: None. DELEGATIONS: Report regarding the owner s request to remove 504 Indian Road from the Municipal Register for demolition. (PB-34-13, March 25, 2013) Harris Anastasakis, representing the owners of 504 Indian Road appeared to speak in opposition to the recommendation. Anastasakis indicated that the property at 504 Indian Road was recently purchased with the intention of demolishing the home on the property and building a new home. (DI-39) STAFF REMARKS: Scott Stewart, General Manager, Infrastructure and Development Division provided an overview of the Development and Infrastructure Committee workflow for the past three months. Stewart reviewed meeting statistics, suggested opportunities for improvement and asked for Committee feedback on how the Development and Infrastructure Committee can be more strategic and efficient moving forward. ADJOURNMENT: 7:42 p.m.

11 COMMITTEE OF THE WHOLE REPORT NO RECOMMENDATIONS TO COUNCIL MEETING OF APRIL 29, 2013 DATE OF MEETING: Thursday, April 18, 2013 PLACE OF MEETING: MEMBERS PRESENT: REGRETS: STAFF PRESENT: OTHERS PRESENT: Burlington Performing Arts Centre, Studio Theatre at 1:00 p.m. Councillors Rick Craven (Chair), Marianne Meed Ward, Jack Dennison, Blair Lancaster and Mayor Rick Goldring Councillors Paul Sharman and John Taylor Scott Stewart, Allan Magi, Chris Glenn, Mike Spicer, Jason Schmidt-Shoukri, Lynn Robichaud, Fleur Storace-Hogan, Michelle Dwyer, Helen Walihura, Jody Wellings, Allison Enns, Nisha Shirali, Ken Pirhonen, Jenny Setterfield and Danielle Pitoscia (Clerk) Ian Cameron- Burlington Economic Development Corporation, Jim Cotton- SAC- McMaster, Henri Dekker- SAC-Joseph Brant Memorial Hospital, Gord Forstner- DFH Public Affairs, Peter Garforth- Garforth International, Richard Laszlo- Quest, Katelyn Margeerm- Canadian Urban Institute, Kathy McAlpine- Sims- SAC-Halton Region, Glenn Miller- Canadian Urban Institute, Andrew Pride- SAC OPA, Joe Saunders- Burlington Hydro, Michael Schwenger- SAC-Stresscrete, Herb Sinnock- SAC-Burlington Sustainable Development Committee, Gerry Smallegange- Burlington Hydro, Jennifer Smith- Burlington Hydro, Rick Tomson- Burlington Hydro, Tom Weatherburn-Canadian Urban Institute, Jim Feilders- SAC Burlington Green. DECLARATIONS OF INTEREST: None

12 THREE ITEMS FOR RECEIPT: Receive and file the following three items, having been given due consideration by the Committee of the Whole: PowerPoint presentation from Peter Garforth, Garforth International Iic (Energy Productivity Solutions) entitled Community Energy Performance Supporting Burlington s Strategy Plan. (CW-5-13, April 18, 2013) PowerPoint presentation from Katelyn Margerm, Canadian Urban Institute entitled Community Energy Mapping. (CW-6-13, January 29, 2013) PowerPoint presentation by Lynn Robichaud, Sr. Sustainability Coordinator, titled Burlington Community Energy Plan. (CW-7-13, April 18, 2013) ADJOURNMENT: 3:40 p.m.

13 MOTION TO ADOPT STANDING COMMITTEE MINUTES: Adopt the following reports: Community Services Committee Report No Meeting of April 15, 2013 As amended/presented Development and Infrastructure Committee Report No Meeting of April 15, 2013 As amended/presented Committee of the Whole Report No Meeting of April 18, 2013 As amended/presented REPORT OF MUNICIPAL OFFICERS: Report recommending approval of the 2013 Tax Levy By-law. (F-20-13, April 18, 2013) Pages Report recommending an appointment to the Aldershot Business Improvement Association. (CL-10-13, April 8, 2013) Pages Report from Mayor Goldring concerning Bill 41 Resolution Places to Grow Amendment. (MO-2-13, April 23, 2013) Pages 31-34

14 MOTION TO MOVE INTO CLOSED SESSION: Move into closed session in accordance with Section 239 (2)(b) of the Municipal Act, 2001 as the discussion contains information that is a personal matter about an identifiable individual, including municipal or local board employees. MOTION TO MOVE INTO PUBLIC SESSION: MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES: Receive and file the following Information Packages, having been prepared and distributed to Council: April 5, 12 and 19, 2013 MOTION TO RECEIVE AND FILE ITEMS RECEIVED BY COUNCIL: Receive and file the following items, having been considered by Council: Items received at Council. CONSIDERATION OF BY-LAWS: Council makes decisions by enacting by-laws. If viewers are interested in further detail about the specifics of any by-law, each one is listed in the meeting agenda. By-laws that are not published within the Council agenda are available for review in the City Clerk s Office. Enact and pass the following by-laws which are now introduced, entitled and numbered as indicated below: By-law No. Title A by-law to levy 2013 taxes. File: (F-20-13) A by-law to amend By-law 2020, as amended, to permit a 58 unit townhouse development at Ghent Avenue, Ward 2. File: (PB-15-13) A by-law to amend Zoning By-law 2020, as amended, to permit the conversion of existing storage space into 10 additional apartment units at 2386 and 2400 Guelph Line, Ward 2. File: (PB-12-13)

15 STATEMENTS BY MEMBERS (non-debatable): CONFIRMATION BY-LAW: Enact and pass By-law Number , being a by-law to confirm the proceedings of Council at its meeting held Monday, April 29, 2013, being read a first, second and third time. ADJOURNMENT: Adjourn this Council now to meet again at the call of the Mayor. T:\clerks\council\2012/ageapr29-13

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