Regular Meeting of Council Agenda. Location: Council Chambers Level 2, City Hall Pages

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1 Regular Meeting of Council Agenda Date: February 13, 2017 Time: 6:30 pm Location: Council Chambers Level 2, City Hall Pages 1. Call to Order: 2. National Anthem: 3. Regrets: 4. Proclamations: 4.1 Probus Month - March School Crossing Guard Week - March 20-24, International Women's Day - March 8, Motion to Approve Council Minutes: 5.1 Regular meeting of Council held Monday, January 23, Recognitions and Achievements: 7. Presentations: 8. Declarations of Interest: 9. Delegations: In order to speak at a Council meeting, individuals must register as a delegation no later than 12:00 noon on the day of the meeting. To register, complete the online application at cityclerks@burlington.ca or phone ext Delegation from David Goodings representing Maple Refugee Assistance and Bayview Refugee Assistance regarding the Motion - Action to Speed Refugee Arrivals. 10. Correspondence:

2 11. Recommendations from Standing Committees: 11.1 Committee of the Whole meeting of January 30, a. Citizen Committee Review of Council Compensation, Expense Limits and Staffing Requirements (CL-04-17) b POA Business Plan and Budget (CM-01-17) c. Deferral of update on funding status of Joseph Brant Museum (COW-1-17) 11.2 Planning and Development meeting of January 31, a. Statutory public meeting and recommendation report for a proposed Zoning By-law amendment for 1350 Waterdown Road (PB-03-17) b. Halton Area Planning Partnership (HAPP) joint submission regarding proposed changes to the Provincial Aggregate Resources Act (PB-14-17) c. Sign variance application for 695 Plains Road East (PB-17-17) d. Recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) e. Staff direction to undelegate site plan approval process regarding development application for 2025 Guelph Line (SD ) f. Staff direction to reduce speed on Upland Drive related to development application for 2025 Guelph Line (SD-06-17) g. Update on funding status of Joseph Brant Museum (COW-1-17) 11.3 Audit Committee meeting of February 1, a. Summary of outstanding audit issues as of December 31, 2016 (CA-01-17) b. Status of audit work plan, budget and performance metrics (CA ) c. Financial highlights for the period ending December 31, 2016 (F-06-17) d. Update to Charter of the Office of the City Auditor (CA-03-17) e. Policy and By-Law Roadmap (CM-03-17)

3 f. Financial Policies (F-05-17) 12. Motion to Approve Standing Committee Minutes: 12.1 Committee of the Whole meeting of January 30, Planning and Development Committee meeting of January 31, Audit Committee meeting of February 1, Reports of Municipal Officers: 13.1 Approval of Canada 150 Infrastructure Projects - Intake Two (CM-04-17) Notices of Motion: 15. Motions: 15.1 Action to Speed Refugee Arrivals Whereas, many citizen sponsors responded very positively to the government s call in late 2015 for Syrian refugees to come to Canada; and Whereas, many groups raised money, undertook training and generally prepared to welcome a refugee family; and Whereas, because of a change in policy by the federal government, many sponsorship groups and Groups of five are still waiting for refugee families, including groups in Burlington; and Whereas, it has been shown that the best way to integrate refugees into Canadian society is with a group of citizens hosting them. Now therefore be it resolved that Council request the federal government to take whatever steps are necessary to ensure that refugee families both from Syria and other countries are processed, and travel arrangements made, so the sponsorship groups and Groups of 5 that are ready to host such refugees can welcome those refugee families within three months; and further The Mayor write to Prime Minister Justin Trudeau and Ahmed Hussan, Minister of Immigration, Refugees and Citizenship, to urge them to take quick action on this matter.

4 16. Motion to Receive and File Council Information Packages: 16.1 Council Information Package January 20, Council Information Package January 27, Council Information Package February 3, Council Information Package February 10, Motion to Receive and File Information Items: 18. Motion to Consider Confidential Items: 19. Motion to Approve By-Laws: : A by-law to amend By-law , being a by-law for the regulation of traffic : A by-law to appoint a Chief Building Official and Inspectors for the Corporation of the City of Burlington : A by-law to authorize a request for the issuing of debentures by the Regional Municipality of Halton for the contract award for the Boy's Gymnastic Club Expansion : A by-law to appoint an Acting Fire Chief for the City of Burlington : A by-law to amend By-law 2020, as amended; 2025 Guelph Line. 20. Motion to Confirm Proceedings of the Council Meeting: 21. Statements by Members: 22. Motion to Adjourn:

5 Committee of the Whole Meeting Minutes Date: Time: Location: Members Present: Staff Present: January 30, :00 pm Council Chambers Level 2, City Hall Marianne Meed Ward (Chair), John Taylor, Rick Craven, Jack Dennison, Paul Sharman, Blair Lancaster, Mayor Rick Goldring James Ridge, Angela Morgan, Allan Magi, Nancy Shea-Nicol, Chris Glenn, Mary Lou Tanner, David Thompson (Audio/Video Specialist), Jo-Anne Rudy (Clerk) 1. Declarations of Interest: None. 2. Delegation(s): 2.1 Barbara Teatero, Executive Director, Museums of Burlington, spoke to the Joseph Brant Museum Transformation project. (COW-1-17) 2.2 John Doyle, Board member, Museums of Burlington, spoke to the Joseph Brant Museum Transformation project. (COW-1-17) 3. Consent Items: None. 4. Regular Items: 4.1 Citizen Committee Review of Council Compensation, Expense Limits and Staffing Requirements (CL-04-17) Moved by Mayor Goldring Approve the terms of reference for a citizen committee to review council s compensation plan, expense limits and staffing requirements as outlined in Appendix A of clerks department report CL

6 POA Business Plan and Budget (CM-01-17) Moved by Councillor Taylor Approve the 2017 Halton Court Services budget as presented; and Add a permanent part-time Prosecutor to the Prosecution Unit; and Approve a contribution of $50,000 from net revenues to the Reserve Fund during 2017 to ensure that requirements of the Reserve Fund Policy are met; and Retain Collier Development Solutions to provide professional project management expertise to the Growth Management Plan for the remaining phases of the project at a total cost of $190,000, and the cost to be funded through the Reserve Fund and allocated as follows: $50, $120, $20,000; and Approve $150,000 in capital spending for the undertaking of next steps in the Growth Management Plan during 2017 including $50,000 for professional project management expertise as referenced in Recommendation #4 and $100,000 for internal consulting and support. 4.3 Update on funding status of Joseph Brant Museum (COW-1-17) Moved by Councillor Lancaster Defer the Joseph Brant Museum Transformation Project update to the Planning and Development Committee meeting of January 31, Confidential Items: None. 6. Procedural Motions: 2

7 Moved by Councillor Lancaster Suspend the rules of procedure to allow two non-registered delegations to speak regarding the Joseph Brant Museum Transformation project (COW-1-17), in accordance with procedure by-law s Information Items: Moved by Councillor Craven Receive and file the following item, having been given due consideration by the Committee of the Whole. 7.1 Memorandum from staff providing an update on the funding status of the Joseph Brant Museum project. (COW-1-17) 8. Staff Remarks: 9. Committee Remarks: 10. Adjournment: Chair adjourned the meeting at 1:51 p.m. 3

8 Planning and Development Committee Meeting Minutes Date: Time: Location: Members Present: Staff Present: January 31, :00 pm Council Chambers Level 2, City Hall Paul Sharman (Chair), Rick Craven (Vice Chair), John Taylor, Marianne Meed Ward, Jack Dennison, Blair Lancaster, Mayor Rick Goldring James Ridge, Mary Lou Tanner, Amber LaPointe (Clerk), David Thompson (Audio/Video Specialist) 1. Declarations of Interest: None. 2. Statutory Public Meetings: The Development and Infrastructure Committee, in accordance with Section 34 of the Planning Act, as amended, held Public Meeting No. 4 on January 31 to receive the proposed Zoning By-law amendment for 1350 Waterdown Road. Having considered the oral and written comments received from staff and delegations, the Development and Infrastructure Committee received PB for consideration. 2.1 Statutory public meeting and recommendation report for a proposed Zoning By-law amendment for 1350 Waterdown Road (PB-03-17) Moved by Councillor Craven Approve the application submitted by Greg Poole & Associates Inc, on behalf of the Fellowship Canadian Reformed Church, to amend the zoning bylaw, as modified by staff in planning and building department report PB (File /15); and Instruct planning and building department staff to prepare the by-law to amend Zoning By-law 2020, as amended, rezoning the lands at

9 Waterdown Road from RNA1 North Aldershot Infill Residential) and O2-196 (Open Space) to RNA1-466 and O2-196 substantially in accordance with the draft zoning by-law attached as Appendix D to Planning and Building department report PB-03-17; and Instruct planning and building department staff to include utilities in the by-law as an additional permitted use to proposed exception 466 to the RNA1 zoning; and Deem that the proposed by-law will conform to the Official Plan of the City of Burlington and that there are no applications to alter the Official Plan with respect to the subject lands. 3. Delegation(s): a. Staff presentation regarding Statutory public meeting and recommendation report for a proposed Zoning By-law amendment for 1350 Waterdown Road (PB-03-17) b. Delegation from Scott Snider, Turkstra Mazza Associates representing Penta Properties Inc. regarding Statutory public meeting and recommendation report for a proposed Zoning By-law amendment for 1350 Waterdown Road (PB-03-17) Scott Snider, Turkstra Mazza Associates representing Penta Properties Inc. appeared before committee to provide information on the application and respond to questions of the committee. Mr. Snider requested that the zoning by-law include that utilities are a permitted use in both and RNA1 zones. c. Delegation from Greg Poole representing Fellowship Church regarding Statutory public meeting and recommendation report for a proposed Zoning By-law amendment for 1350 Waterdown Road (PB-03-17) Greg Poole representing Fellowship Church, appeared before committee in support of the application and the request made by Mr. Snider. 3.1 Delegation from Harry Froussios, Zelinka Priamo Ltd. representing CP REIT Ontario Properties Ltd.regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 5

10 Harry Froussios, Zelinka Priamo Ltd. representing CP REIT Ontario Properties Ltd. appeared before committee to provide information on the application and respond to questions of the committee. 3.2 Delegation from John Beres regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) John Beres appeared before committee stating that he is against the proposed development application. Mr. Beres expressed concerns including delivery trucks, traffic, and noise on Upland Drive and requested that two of the buildings be moved to the opposite side of the property. 3.3 Delegation from Jim Fikis regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) Jim Fikis appeared before committee stating that he is against the proposed development application. Mr. Fikis expressed concerns including traffic on Upland Drive and noise due to extended houses of a proposed restaurant. 3.4 Delegation from Dave Machry regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) Dave Machry appeared before committee stating that he is against the proposed development application. Mr. Machry expressed concerns with the removal of trees due to the proposed new entrance. 3.5 Delegation from Kim and Rick Nault regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB ) Kim and Rick Nault appeared before committee stating that they are against the proposed development application. The delegates expressed concerns including odors from restaurants, noise from delivery vehicles, and traffic. Mr. and Mrs. Nault proposed moving buildings to the opposite side of the property. 3.6 Delegation from Jean Frisby regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) Jean Frisby appeared before committee stating that she is against the proposed development application. Ms. Frisby expressed concerns including traffic and noise on Upland Drive. 3.7 Delegation from Graham Hall regarding recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 6

11 4. Consent Items: Graham Hall appeared before committee stating that he is against the proposed development application. Mr. Hall expressed concerns with the quality of life in the neighbourhood. 4.1 Halton Area Planning Partnership (HAPP) joint submission regarding proposed changes to the Provincial Aggregate Resources Act (PB-14-17) Moved by Councillor Taylor Endorse the Halton Area Planning Partnership (HAPP) Joint Submission respecting Bill 39 An Act to amend the Aggregate Resources Act and the Mining Act, as contained in Appendix B to PB-14-17, which was sent to the Province on December 5, 2016 to meet the Provincial deadline for comments; and Direct the City Clerk to forward the resolution of Council, subject to endorsement of the recommendations contained in planning and building department report PB-14-17, and any additional comments from Council, as well as staff report PB with Appendix B (HAPP Joint Submission respecting Bill 39 An Act to amend the Aggregate Resources Act and the Mining Act) to the Ministry of Natural Resources and Forestry. 4.2 Sign variance application for 695 Plains Road East (PB-17-17) Moved by Councillor Craven Approve the application for variances to Sign By-law , made by Tyraz Corporation, to permit the installation of a replacement ground sign, which requires the following variances: 1. A total sign area of 12.4 m 2 instead of the maximum permitted area of 1.5 m A sign height of 5.84 m instead of the maximum permitted height of 2 m. Subject to the following conditions: The variances apply to the proposed ground sign only and are valid only for the duration of the existing uses on site; and The existing ground sign is to be removed in its entirety prior to the installation of the proposed ground sign. 7

12 5. Regular Items: 5.1 Recommendation report regarding proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) Moved by Mayor Goldring Approve the application for a zoning by-law amendment, submitted by Harry Froussios, Zelinka Priamo Ltd., 318 Wellington Rd., London, ON N6C 4P4, on behalf of CP REIT Ontario Properties Ltd., as modified by staff, to rezone lands at 2025 Guelph Line to permit free-standing commercial buildings in the southeast quadrant of the site; and Enact amending Zoning By-law , contained in Appendix C of planning and building department report PB-12-17, to modify Zoning Exception CC1-64; and Deem that Zoning By-law conforms to the Official Plan for the City of Burlington. 5.2 Staff direction to undelegate site plan approval process regarding development application for 2025 Guelph Line (SD-05-17) Moved by Councillor Lancaster Direct the Director of Planning and Building to present the site plan application of the development at 2025 Guelph Line to the Planning and Development Committee for approval. 5.3 Staff direction to reduce speed Upland Drive related to development application for 2025 Guelph Line (SD-06-17) Moved by Councillor Lancaster Direct the Director of Transportation to consider a reduced speed of 40 km/h on Upland Drive. 8

13 5.4 Update on funding status of Joseph Brant Museum (COW-1-17) Moved by Councillor Craven Direct the Executive Director of Capital Works to wait for a decision on federal funding before further consideration of the Trillium Grant. 6. Confidential Items: 7. Procedural Motions: 8. Information Items: Moved by Councillor Meed Ward Receive and file the following six items, having been given due consideration by the Planning and Development Committee. 8.1 Staff presentation on the report regarding the proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 8.2 Delegation presentation from Harry Froussios, Zelinka Priamo Ltd. representing CP REIT Ontario Properties Ltd. on the report regarding the proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 8.3 Delegation correspondence from John Beres on the report regarding the proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 8.4 Delegation presentation from Jim Fikis, Dave Machry, Kim, Nault, Rick Nault, and Jean Frisby on the report regarding the proposed Zoning Bylaw amendment for 2025 Guelph Line (PB-12-17) 8.5 Correspondence from Burlington Sustainability Advisory Committee on the report regarding the proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 8.6 Public comments on the report regarding the proposed Zoning By-law amendment for 2025 Guelph Line (PB-12-17) 9. Staff Remarks: 10. Committee Remarks: 11. Adjournment: 9

14 2:41 p.m. (recessed), 6:30 p.m. (reconvened). Chair adjourned the meeting at 9:32 p.m. 10

15 Audit Committee Meeting Minutes Date: Time: Location: Members Present: Member Regrets: Staff Present: February 1, :30 pm Council Chambers Level 2, City Hall John Taylor (Chair), Jack Dennison, Brian Goard, Mayor Rick Goldring, Maceij Jurczyk, Peter Maher, David Tait Paul Sharman James Ridge, Laura Boyd, Joan Ford, Sheila Jones, Nancy Shea-Nicol, David Thompson (Audio/Video Specialist), Lisa Palermo (Clerk) 1. Declarations of Interest: None. 2. Delegation(s): 2.1 Chris Jerrett, ward 2, appeared to speak regarding summary of outstanding audit issues as of December 31, 2016 (CA-01-17) 3. Consent Items: 3.1 Summary of outstanding audit issues as of December 31, 2016 (CA-01-17) Moved by: David Tait Receive and file City Auditor s Office report CA providing a summary of all outstanding audit issues. 3.2 Status of audit work plan, budget and performance metrics (CA-02-17) Moved by: Brian Goard 11

16 Receive and file City Auditor s Office report CA providing the status of the audit work plan, budget and performance metrics. 3.3 Financial highlights for the period ending December 31, 2016 (F-06-17) Moved by: Brian Goard Receive and file Finance Department report F providing financial highlights for the period ending December 31, Regular Items: 4.1 Update to Charter of the Office of the City Auditor (CA-03-17) Moved by: Peter Maher Approve the Charter of the Office of the City Auditor attached in Appendix A of City Auditor's Report CA-03-17, as amended, by deleting the proposed wording "unless otherwise permitted under the Standards and with the appropriate safeguards in place to limit impairments to independence or objectivity" found in italics on page 3, the first bullet under the section heading "The Office of the City Auditor is not authorized to:". 4.2 Policy and By-Law Roadmap (CM-03-17) Moved by: Mayor Goldring Receive and file City Manager report CM regarding policy and bylaw roadmap. 4.3 Financial Policies (F-05-17) Moved by: Brian Goard Receive and file Finance Department report F providing information on financial policies. 12

17 5. Confidential Items: None. 6. Procedural Motions: Moved by: David Tait Suspend the rules of procedure to waive the requirements of notice to allow discussion regarding City Manager's Office presentation CM on Enterprise Risk Management - Labour Risk, in accordance with procedure by-law , s Information Items: Moved by: Mayor Goldring Receive and file the following item, having been given due consideration by the Audit Committee. 7.1 Presentation from staff regarding Enterprise Risk Management - Labour Market (CM-05-17) 8. Staff Remarks: 9. Committee Remarks: 10. Adjournment: Chair adjourned the meeting at 4:15 p.m. 13

18 Page 1 of Report CM SUBJECT: Approval of Canada 150 Infrastructure Projects Intake Two TO: FROM: Mayor and Council City Manager's Office Report Number: CM Wards Affected: All File Numbers: Date to Council: February 13, 2017 Recommendation: Endorse the projects that were approved for funding by the Federal Economic Development Agency under the Canada 150 Community Infrastructure Program (CIP 150) Intake Two: Improvement of Bayview Park ($123,000) Ireland Park Washroom Improvements ($13,320) Lowville Park Washroom Accessibility ($23,310) Millcroft Park Washroom Accessibility ($14,985) Orchard Park Washroom Improvements ($16,650) Dune Crossing at Beachway Park ($73,000) Mainway Arena Accessibility ($100,000) Appleby Ice Resurfacing ($25,000) Mainway Ice Resurfacing ($12,500) Mainway Rink Lighting ($41,666) Appleby Ice Sub-Metering ($8,333) Mainway Sub-Metering System ($5,000) Multi-Use John Street ($135,000) Tansley Woods Sub-Metering ($6,666); and Approve $560,000 funding from the Capital Purposes Reserve Fund for a portion of the Municipal contribution as identified in Report CM-04-17; and 14

19 Page 2 of Report CM Authorize the Mayor and Clerk to execute the contribution agreements and any related documents or amendments for said projects subject to the satisfaction of the City Solicitor. Purpose: A City that Moves Increased Transportation Flows and Connectivity A Healthy and Greener City Healthy Lifestyles Environmental and Energy Leadership These projects provide for enhancements to existing park and recreation facilities and, in the case of the Multi-Use Pathway at John Street (Elgin Promenade), provide for enhanced connections for cyclists and pedestrians. Background and Discussion: The Canada 150 Infrastructure Program (CIP 150) is part of the Government of Canada s celebration of the 150 th anniversary of Canada s Confederation. The program is intended to provide investments in projects that renovate, expand and improve existing public infrastructure assets such as community centres, recreational facilities, cultural centres and other community infrastructure. The Federal Economic Development Agency for Southern Ontario (FedDev Ontario) is delivering the program in southern Ontario with a total allocation of up to $88.8 million over two years. Up to $44.4 million is now available under Intake Two. FedDev may contribute up to $1 million per eligible project. Funding recipients may receive up to 50 percent of total eligible project costs. Priority may be given to applicants requiring only 33.3 percent of total eligible project costs as well as to smallerscoped projects to ensure broad program reach and ensure that projects can be completed within the program timeframes. Strategy/process A City staff team submitted applications that met the criteria of the funding program and that which could be completed by March

20 Page 3 of Report CM In October of 2015 staff reported to Council (PR-15-15) on the results of the first intake of projects. The Canada 150 Infrastructure Program has now released the second intake of projects. The City has been awarded grant approvals totaling $586,780 for the projects set out the Recommendation section of this report. The City s share of funding for these projects is addressed under Financial Matters. Financial Matters: In order to proceed with these projects, staff request Council s approval to specifically incorporate the required funding as per the following table with City funding of $560,000 to be provided from Capital Purposes Reserve Fund (CPRF) and $581,070 to be provided from prior approved capital projects for a total City funding of $1,141,070. The uncommitted balance in the CPRF as of December 31, 2016 is approximately $3.9M. Project Total Cost CIP 150 Grant City Share Improvement of Bayview Park Ireland Park Washroom Improvements Lowville Park Washroom Accessibility Millcroft Park Washroom Accessibility Dune Crossing at Beachway Park $412,000 $123,000 $289,000 $40,000 $13,320 $26,680 $70,000 $23,310 $46,690 $45,000 $14,985 $30,015 $220,000 $73,000 $147,000 Mainway Arena Accessibility $200,000 $100,000 $100,000 Orchard Park Washroom Improvements $50,000 $16,650 $33,350 Appleby Ice Resurfacing $75,000 $25,000 $50,000 Mainway Ice resurfacing $37,500 $12,500 $25,000 Mainway Rink Lighting $125,000 $41,666 $83,334 Appleby Ice Sub-Metering System $25,000 $8,333 $16,667 16

21 Page 4 of Report CM Mainway Sub-Metering System $15,000 $5,000 $10,000 Multi-Use John Street Tansley Woods Sub-Metering System $405,000 $135,000 $270,000 $20,000 $6,666 $13,334 Total $1,739,500 $598,430 $1,141,070 Other Resource Impacts These projects will be led by Capital Works project management staff as part of their work program. Public Engagement Matters: As reported in PR a broader communication plan is being developed for Canada 150 celebrations. Conclusion: Staff are pleased to report that the Federal Government has approved a further $598,430 investment in Burlington through the CIP 150 Program Intake Two. This funding is in addition to the $247,287 approved under Intake One of the program and reported in PR Including the City contribution total of $1,628,141 this represents a total investment of $2.5 million in the city s parks and recreational infrastructure. Respectfully submitted, Kwab Ako-Adjei Senior Manager of Government Relations and Strategic Communications (905) Ext

22 Page 5 of Report CM Report Approval: All reports are reviewed and/or approved by Department Director, Director of Finance and Director of Legal. Final approval is by the City Manager. 18