Feb2018 Ask the Councillor: Can council overturn the 5-2 vote on 421 Brant@James? When will the sidewalk be constructed on Glenwood School Drive? What is happening with the Drury Lane bridge?

Question: Can council overturn the 5-2 vote on the 23 storey building at 421 Brant, to stop the project?

Answer: Technically, the final decision on 421 Brant has not been made; that won’t happen until the amending bylaws come forward for a council vote. Usually, the bylaws are presented at the same time as the vote on the application, except when community benefits are negotiated. Those are negotiated after council votes on an application, and the benefits come back for final vote alongside the amending bylaw.

As community benefits are being negotiated for this development, because of the increased height/density, the bylaws and community benefits will come back at a future date (likely in the spring) for council vote. That vote will be the final decision on the matter.

Council could choose at that time NOT to approve the amending bylaws, which would stop the project. That is unlikely but technically possible.

The fact that the final decision on this matter hasn’t yet been made is why in December the Engaged Citizens of Burlington could not file an Ontario Municipal Board appeal of the council “decision” on 421 Brant; a decision hasn’t been made until there is a vote on the bylaws, which hasn’t happened yet. The bylaw vote triggers the appeal period to file an appeal with the OMB (or the new Land Planning Appeals Tribunal).

Reconsideration Motions:
In general terms, council can choose at any time to “reconsider” a vote – (but that doesn’t apply in this case because the final vote hasn’t occurred). A motion to reconsider an item requires a 5-2 vote to get the motion to the floor; and if that passes, a simple 4-3 majority to make a new decision on the item. Only someone who voted in the affirmative on the original motion can present a motion to reconsider the decision.

Question: When will Glenwood School Drive road work/sidewalk be done? This project been pushed from 2020 (2017 budget book, p 302) to 2022? Why has the cost changed from $2.3m (157k capital + $2.143m reserve) in 2017 to $2.720m ($1.201m capital plus $1.519m reserve) in 2018?

Answer: Glenwood School Drive Reconstruction and Storm Sewer (RD-RL-1468) page 103 2018 Capital Budget book. The project has been deferred from 2020 to 2022 in order to align with the
replacement and upgrade of Regional water and wastewater services. Projects beyond the first several years of the budget often have planning level estimates developed.  As projects get closer to implementation, and scope of work is more defined, the estimates are updated and are more accurate.  The estimate for Glenwood School Drive project was updated prior to the 2018 budget process, before shifting to 2022 to align with the Region.

Question: What is happening with the Drury Lane Bridge?

Answer: The Drury Lane Pedestrian Bridge (RD-BG-1423) page 73 of the 2018 Capital Budget book states that the condition survey conducted in 2013 was updated in 2017. The Drury Lane structure was inspected and analyzed in 2017 and found to meet the structural requirements of the Canadian Highway Bridge Design Code (CHBDC). However, the vibration / deflection of the structure exceeds the allowances in the CHBDC. Multiple maintenance items were identified and will be addressed in 2017/18. The structure is currently scheduled for a major rehabilitation in 2021, with design work commencing in 2020.  However, the City is currently coordinating with Metrolinx to jointly replace of the existing bridge with a new overhead structure to be built prior to the GO electrification project (estimated for 2021/22).  Additional clearance to accommodate electrification may be required as well replacement post electrification will be much more costly.

Written by Marianne Meed Ward

A Better Burlington began in 2006 after my neighbours said they felt left out of city decisions, learning about them only after they’d been made.

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  1. Perhaps the Mayor, who voted in the affirmative on the original motion can present the motion to reconsider the decision on 421 Brant Street. Mayor Goldring has said on many occasions that he voted against this development.

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