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Council

MINUTES

12TH MEETING

 

April 18, 2017

 

The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

 

PRESENT:  Mayor M. Brown and Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher and T. Park; and C. Saunders (City Clerk).

 

ABSENT:  Councillors A. Hopkins and J. Zaifman.

 

ALSO PRESENT: L. Livingstone, R. Armistead, L. Bruni, B. Card, B. Coxhead, S. Datars Bere, K. Dawtrey, J.M. Fleming, A. Hagan, J. Kobarda, G. Kotsifas, V. McAlea Major, D. O’Brien, L. Palarchio, A. Patis, L. Rowe, K. Scherr, S. Spring, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present except Councillors A. Hopkins, S. Turner and J. Zaifman.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

That it BE NOTED that no pecuniary interests were disclosed. 

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

At 4:05 PM, Councillor S. Turner enters the meeting.

 

IV

COUNCIL, IN CLOSED SESSION

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Helmer to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following:

 

a)

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition. (C1/13/CSC)

 

b)

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition. (C2/13/CSC)

 

c)

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C3/13/CSC)

 

d)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition or disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition or disposition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition or disposition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition or disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition or disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition or disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition or disposition. (C4/13/CSC)

 

e)

A matter pertaining to labour relations; employee negotiations; personal matters about an identifiable individual, including a municipal employee, with respect to employment-related matters; litigation or potential litigation; advice that is subject to solicitor-client privilege including communications necessary for that purpose; and advice and recommendations of officers and employees of the Corporation including communications necessary for that purpose. (5/13/CSC)

 

f)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation, concerning labour relations and employee negotiations in regard to one of the Corporation’s associations or unions and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and communications necessary for that purpose. (6/13/CSC)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

The Council rises and goes into the Council, in Closed Session, at 4:17 PM, with Mayor M. Brown in the Chair and all Members present except Councillors A. Hopkins and J. Zaifman.

 

At 4:25 PM Mayor M. Brown leaves the meeting.

 

At 4:33 PM Councillor S. Turner leaves  the meeting.

 

At 4:39 PM Mayor M. Brown and Councillor S. Turner enter the meeting.

 

The Council, In Closed Session, rises at 5:18 PM and Council reconvenes at 5:22 PM, with Mayor M. Brown in the Chair and all Members present except Councillors A. Hopkins and J. Zaifman.

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE ELEVENTH MEETING HELD ON APRIL 4, 2017

 

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve Minutes of the Eleventh Meeting held on April 4, 2017.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

VI

COMMUNICATIONS AND PETITIONS

 

None.

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

VIII

REPORTS

 

 

7th Report of the Civic Works Committee

Councillor M. van Holst presents.

 

Motion made by Councillor M. van Holst Approve clauses 1 to 14, excluding clause 3.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

 

2.

Contract Award: Tender No. 17-20 - 2017 Infrastructure Renewal Program - Balmoral Avenue, Brant Street and Durham Street Reconstruction Project

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contracts for the 2017 Infrastructure Renewal Program Balmoral Avenue, Brant Street, and Durham Street Reconstruction Project:

 

a)         the bid submitted by Omega Contractors Inc. at its tendered price of $3,016,406.94, excluding H.S.T., for the 2017 Infrastructure Renewal Program Contract 8, Balmoral Avenue, Brant Street, and Durham Street Reconstruction Project, BE ACCEPTED; it being noted that the bid submitted by Omega Contractors Inc. was the lowest of four bids received and meets the City's specifications and requirements in all areas;

 

b)         Archibald, Gray & McKay Engineering Ltd. (AGM), BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $219,340.00, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy; it being noted that this firm completed the engineering design for this project;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report date April 11, 2017 as Appendix 'A';

 

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

e)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 17-20); and,

 

f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2017-T04)

 

4.

Contract Price Increase: Tender No. T16-21 - Infrastructure Renewal Program Contract 4 - McCormick Area Reconstruction

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the McCormick Area Reconstruction works:

 

a)         the McCormick Area Reconstruction (Tender T16-21) contract value with Bre-Ex Limited BE INCREASED by $310,000.00 to $3,385,067.28, excluding H.S.T., in accordance with Section 20.3 (e) of the Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 11, 2017 as Appendix 'A';

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2017-A05)

 

5.

Contract Extension: Tender 14-116 -  Supply and Installation of Sewer Lines - Cured in Place Pipe (CIPP)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Supply and Installation of Sewer Liners – Cured in Place Pipe:

 

a)         the contract with Insituform Technologies Limited for the supply and installation of sewer liners BE EXTENDED to February 28, 2018 for the contract price of $4,045,808.84, excluding H.S.T.; it being noted that the existing contract includes an option to extend;

 

b)         the funding for this purchase BE APPROVED as set out in the Sources of Financing Report appended to the staff report as Appendix ‘A’;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,

 

d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2017-A05)

 

6.

2019 Transportation Development Charge Background Study -  Appointment of Consulting Engineer

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the 2019 Development Charge Background Study:

 

a)         IBI Group, BE APPOINTED consulting engineers to complete the project, in the amount of $233,670.00, excluding H.S.T., in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

 

b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated April 11, 2017 as Appendix 'A';

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the Consultant for the work; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2017-T10)

 

7.

2016 Annual and Summary Report for the Lake Huron and Elgin Area Primary Water Supply Systems, and Elgin-Middlesex Pumping Station

 

That, on the recommendation of the Director, Water and Wastewater, the 2016 Annual and Summary Reports for the Lake Huron and Elgin Area Primary Water Supply Systems, and the Elgin-Middlesex Pumping Station BE RECEIVED for information.  (2017-E08)

 

8.

Execution of Contribution Amending Agreements with the Government of Ontario for the Help Clean Water Initiative (Relates to Bill No. 157)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated April 11, 2017 BE INTRODUCED at the Municipal Council meeting of April 18, 2017, to authorize the execution of a Contribution Amending Agreement for the Huron-Elgin-London Project Clean Water (HELP Clean Water) initiative with the Government of Ontario by The Corporation of the City of London, on its own behalf and on behalf of the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply System in the City's capacity as Administering Municipality, as authorized by the respective Boards of Management. (2017-E08)

 

9.

2016 Renew London Infrastructure Post Construction Overview Report

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the 2016 Renew London Infrastructure Post Construction Overview Report BE REFERRED to the May meeting of the Civic Works Committee in order for the Civic Administration to include additional detail with respect to this matter.  (2017-T10)

 

10.

M. Luce- Idling Control By-law

 

That it BE NOTED that the Civic Works Committee declined the request by M. Luce for delegation status regarding the City of London’s Idling Control By-law.

 

11.

Deferred Matters List

 

That the Civic Works Committee Deferred Matters List, as at April 4, 2017, BE RECEIVED.

 

12.

A. Stratton - 4th Report of the Transportation Advisory Committee

 

That the 4th Report of the Transportation Advisory Committee, and the associated delegation, BE REFERRED to the next meeting of the Civic Works Committee to allow additional time to review and consider the proposed 2017 Work Plan.

 

13.

Enquiry - Councillor B. Armstrong

 

That it BE NOTED that Councillor B. Armstrong enquired about what authority the City has to require drive-through establishments to provide garbage receptacles.

 

14.

Potential Program to Downsize Water Meters

 

That the Civic Administration BE REQUESTED to review and report back with respect to a potential program to downsize water meters at no cost to the owner where the property owner has been paying for an oversized water meter since 2013.

 

Motion made by Councillor M. van Holst to Approve clause 3.

 

3.

Amendments to the Traffic and Parking By-law (Relates to Bill No's. 161 and 162)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer the following actions be taken with respect to the Traffic and Parking By-law (P.S.-113):

 

a) the That, on the recommendation of the City Clerk, this report BE RECEIVED for information.

ed revised proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 for the purpose of amending the Traffic and Parking By-law (P.S.-113); it being noted that the proposed revised by-law reflects the changes as contained in the attached revised Appendix 'A', together with the deletion of No Parking at Sorrel Road and Kaladar Drive; and,

 

b)         the proposed by-law, appended to the staff report dated April 11, 2017 as Appendix 'B', BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017, for the purpose of amending the Traffic and Parking By-law (P.S.-113) in order to implement a two-way designation to Saunby Street from Wharncliffe Road N to Irwin Street;

 

it being noted that the Civic Works Committee received a submission dated December 4, 2016, and a verbal delegation from K. Fogarty, 1275 Sorrel Road outlining the information contained in his written submission with respect to no parking at Sorrel Road and Kaladar Drive.  (2017-T08)

 

The motion to Approve part a) of clause 3 is put.

 

Motion Failed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, P. Squire, P. Hubert (6)

 

NAYS: J. Helmer, M. Cassidy, J. Morgan, V. Ridley, S. Turner, H.L. Usher, T. Park (7)

 

Motion made by Councillor V. Ridley and seconded by Councillor J. Helmer to Approve the following new part a), for clause 3:

 

“a)       the attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 for the purpose of amending the Traffic and Parking By-law P.S.-113; it being noted that the proposed revised by-law includes the revisions contained in the attached revised Appendix ‘A’, as well as the inclusion of No Parking at Sorrel Road;”

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (10)

 

NAYS: M. Brown, M. Salih, P. Squire (3)

 

At 5:38 PM Councillor M. Salih leaves the meeting.

 

The motion Approve the remainder of clause 3 is put.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve clause 3, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

Clause 3, as amended, reads as follows:

 

That the following actions be taken with respect to the Traffic and Parking By-law (P.S.-113):

 

a)         the attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 for the purpose of amending the Traffic and Parking By-law P.S.-113; it being noted that the proposed revised by-law includes the revisions contained in the attached revised Appendix ‘A’, as well as the inclusion of No Parking at Sorrel Road;

 

b)         the proposed by-law, appended to the staff report dated April 11, 2017 as Appendix 'B', BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017, for the purpose of amending the Traffic and Parking By-law (P.S.-113) in order to implement a two-way designation to Saunby Street from Wharncliffe Road N to Irwin Street;

 

it being noted that the Civic Works Committee received a submission dated December 4, 2016, and a verbal delegation from K. Fogarty, 1275 Sorrel Road outlining the information contained in his written submission with respect to no parking at Sorrel Road and Kaladar Drive.  (2017-T08)

 

 

7th Report of the Planning and Environment Committee

Councillor T. Park presents.

 

Motion made by Councillor T. Park to Approve clauses 1 to 12, inclusive. 

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2nd Report of the Agricultural Advisory Committee

 

That the following actions be taken with respect to the 2nd Report of the Agricultural Advisory Committee:

 

a)         the Civic Administration BE ADVISED that the Agricultural Advisory Committee supports of the application by Ken Van Steensel regarding a zoning by-law amendment to continue to permit a temporary golf driving range for an additional three year period at the property located at 1992 Fanshawe Park Road West;

 

b)         the Civic Administration BE ADVISED that the Agricultural Advisory Committee supports the application by Hi-tech Engineering for a zoning by-law amendment to permit an abattoir and a livestock facility at the property located at 8076 Longwoods Road;

 

c)         the Civic Administration BE ADVISED of the following comments related to the proposed Official Plan Amendment:

 

•           future development applications minimize urban sprawl on farmland and maximize land use by considering underground parking where suitable; and,

•           consideration be given to the water quality of Dingman Creek by minimizing exposure to contaminants and run off within the Dingman Creek watershed from above-ground parking;

 

it being noted that that the Notice dated March 8, 2017 from L. Maitland, with respect to this matter, was received; and,

 

d)         clauses 1 to 5, 9 to 11, BE RECEIVED.

 

3.

Fibre Optic Grant Program for Downtown London

 

That, on the recommendation of the Managing Director, Planning and City Planner, with the concurrence of the City Manager and Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Fibre Optic Connection Grant Pilot Program for Downtown London:

 

a)         the Managing Director, Planning and City Planner's report dated April 10, 2017 entitled “Fibre Optic Connection Grant Pilot Program for Downtown London – Pilot Update” BE RECEIVED for information;

 

b)         the Civic Administration BE AUTHORIZED to return $80,000 to MainStreet London from their original $100,000 contribution to the Fibre Optic Connection Grant Pilot Program; and,

 

c)         the remaining funds from the original Fibre Optic Connection Grant Pilot Program ($132,372.50) BE RETAINED for future Smart City initiatives, as requested by the program funding partners.    (2017-F11A)

 

4.

Asian Long Horned Beetle - Status Update

 

That the Federation of Canadian Municipalities BE REQUESTED to work with  the Canadian Food Inspection Agency to review the adequacy of funding for the replacement of trees that are affected by the Asian long-horned beetle in Canada.   (2017-E04)

 

5.

Properties located at  2577, 2583, 2589, 2595, 2599, 2611, 2617, 2621, 2625, 2629, 2633, 2637, 2641, 2645, 2649, 2653 and 2661 Tokala Trail - (H-8742) (Relates to Bill No. 168)

 

That, on the recommendation of the Planner II, Development Services, based on the application of Claybar Developments Inc., relating to the properties located at 2577, 2583, 2589, 2595, 2599, 2611, 2617, 2621, 2625, 2629, 2633, 2637, 2641, 2645, 2649, 2653 and 2661 Tokala Trail, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning on the subject lands FROM the compound Holding Residential R1 Special Provision/Residential R4 (h*h-17*h-54*h-71*h-95*R1-3(8)/R4-1) Zone TO a compound Residential R1 Special Provision/Residential R4 (R1-3(8)/R4-1) Zone to remove the “h”, “h-17”, “h-54”, “h-71”, and “h-95” holding provisions.    (2017-D09)

 

6.

Property located at 1198-1212 Commissioners Road West (H-8747)

 

That, on the recommendation of the Senior Planner, Development Planning, based on the application of The Tricar Group, relating to lands located at 1198-1212 Commissioners Road West, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R9 (h*R9-5*H23) Zone TO a Residential R9 (R9-5*H23) Zone to remove the “h” holding provision.   (2017-D09)

 

7.

Property located at  905 Sarnia Road (H-8642) (Relates to Bill No. 170)

 

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of 905 Sarnia Inc., relating to the property located at 905 Sarnia Road, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 Special Provision (h-82*R1-3 (8)) Zone, a Holding Residential R1 Special Provision (h-82*R1-13 (3)) Zone and a Holding Open Space (h-65*h-82*OS1) Zone TO a Residential R1 Special Provision (R1-3 (8)) Zone, a Residential R1 Special Provision (R1-13 (3)) Zone and a Holding Open Space (OS1) to remove the h-82 and h-65 holding provisions.   (2017-D09)

 

 

8.

Property located at 2946 Bateman Trail (H-8722) (Relates to Bill No. 171)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of London Gymnastics Holdings Inc., relating to the property located at 2946 Bateman Trail, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Restricted Service Commercial Special Provision (h-208.RSC1(26)/RSC4(9)/ RSC5(8)) TO a Restricted Service Commercial Special Provision (RSC1(26)/ RSC4(9)/RSC5(8)) Zone to remove the “h-208” holding provision.   (2017-D09)

 

9.

Properties located at 2605-2651 Tokala Trail and 1055 and 1075 Fanshawe Park Road West (H-8732) (Relates to Bill No. 172)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of Horizon Medical Developments, relating to the property located at 2605-2651 Tokala Trail and 1055 and 1075 Fanshawe Park Road West, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Office Special Provision (h.*h-17*h-54*h-71*h-95*OF5 (5)) Zone TO an Office Special Provision (OF5 (5)) Zone to remove the “h.*h-17*h-54*h-71” and “h-95” holding provisions.   (2017-D09)

 

10.

Proposed Sign By-law and Amendments to Current Sign and Canopy By-law

 

That, the following actions be taken with respect to the proposed Sign By-law and amendments to the current Sign and Canopy by-law:

 

a)         the Managing Director, Development and Compliance Services and Chief Building Official’s report dated April 10, 2017, entitled “Proposed Revised Sign By-law and Amendments to Current Sign and Canopy By-law”, BE RECEIVED;  and,

 

b)         the proposed revised Sign By-law and proposed amendments to the current Sign & Canopy By-law appended to the above-noted staff report dated April 10, 2017, BE REFERRED to a public participating meeting to be held at the Planning and Environment Committee on May 23, 2017 for the purpose of seeking public input on the revised by-law and the proposed amendments to the current by-law; it being noted that the Civic Administration will continue to consult with industry stakeholders, Business Improvement Areas (BIAs), and other interested parties in order to attempt to balance the needs of service/product marketing with safety and aesthetic standards.   (2017-C01)

 

11.

Southwest Area Secondary Plan Parking Regulations (O-8741) (Relates to Bill No. 159)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the proposed by-law appended to the staff report dated April 10, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to amend the Southwest Area Secondary Plan TO AMEND policy 20.5.3.9(iii)(g) of the Southwest Area Secondary Plan by replacing the parking policy for apartment, office and mixed use development with a new policy consistent with The London Plan;

 

it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

 

it being further noted that the Municipal Council approves this application for the following reasons:

 

•           the recommended amendment is consistent with the Provincial Policy Statement, 2014;

•           the recommended amendment conforms to the policies of the Official Plan, 1989 and The London Plan; and,

•           the recommended amendment provides policies regarding parking associated with office and apartment buildings to be provided in forms consistent with the scale of development.   (2017-D09)

 

12.

Property located at 545 Fanshawe Park Road West (SP15-019249)

 

That on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application of 2403290 Ontario Limited, relating to the property located at 545 Fanshawe Park Road West:

  

a)         the Site Plan Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to the site plan approval application to permit the construction of an apartment building, with two towers (16 and 17 storeys in height) to be constructed in phases with a total of 286 residential units, issues were raised with respect to the ability for the outgoing traffic to turn left against the existing westbound traffic exiting from the Amica driveway and the safety of the Amica residents; and,

 

b)         the Site Plan Approval Authority BE ADVISED that the Municipal Council supports the Site Plan application to permit the construction of an apartment building, with two towers (16 and 17 storeys in height) to be constructed in phases with a total of 286 residential units;

 

it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters;

 

it being noted that the Municipal Council approves this application as the proposed draft site plan is consistent with applicable policies and regulations of the Official Plan, the Provincial Policy Statement, the Zoning By-law and Site Plan Control Area by-law.    (2017-D11)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

 

13th Report of the Corporate Services Committee

Councillor P. Hubert presents. 

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 10, excluding clause 2.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

3.

2016 Life-To-Date Capital Budget – 2016 Year-End Capital Monitoring Report

 

That on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & City Manager, the following actions be taken:

 

a)         the 2016 Life-to-Date Capital Budget – 2016 Year-End Capital Monitoring Report BE RECEIVED for information;

 

b)         the active 2014 life-to-date capital budgets (2014 and prior) that have no future budget requests (Appendix B) containing project status updates BE RECEIVED for information; and

 

c)         the capital projects included in Appendix C to the staff report dated April 11, 2017, with a total of $6.2 million of net surplus funding, BE CLOSED and the following actions be taken in connection therewith:

 

Rate Supported

 

i)          pay-as-you-go funding of $87,341 BE TRANSFERRED to the capital receipts account;

 

ii)         authorized debt financing of $611,081 BE RELEASED resulting in a reduction of authorized, but unissued debt;

 

iii)         uncommitted reserve fund draws of $2,423,788 BE RELEASED from the reserve funds which originally funded the projects;

Non-Rate Supported

 

i)          authorized debt financing of $94,147 BE RELEASED resulting in a reduction of authorized, but unissued debt;

 

ii)         uncommitted reserve fund draws of $3,135,334 BE RELEASED from the reserve funds which originally funded the projects; and

 

iii)         other net non-rate supported funding sources of -$165,894 BE ADJUSTED in order to facilitate project closings.

 

4.

Expropriation of Land - Implementation of the Medway Valley Trail Master Plan - North of Fanshawe Park Road (Relates to By-law No. 160)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, and the Manager Director, Planning and City Planner, on the advice of the Manager of Realty Services, approval BE GIVEN to the expropriation of a permanent easement interest in lands to complete the permanent pathway, as approved by Council – Medway Valley Trail North – Option 5B, Further Enhanced Accessibility and Community Connections, and the following actions be taken in connection therewith:

 

a)         application BE MADE by The Corporation of the City of London as Expropriating Authority, to the Council of The Corporation of the City of London as Approving Authority, for the approval to expropriate the land required for the implementation of the Medway Valley Trail Master Plan North of Fanshawe Park Road;

 

b)         notice of the above application BE SERVED AND PUBLISHED by The Corporation of the City of London, in accordance with the terms of the Expropriations Act;

 

c)         any requests for a hearing that may be received BE FORWARDED  to the Chief Inquiry Officer and BE REPORTED to the Council of The Corporation of the City of London for its information; and

 

d)         the by-law included as Schedule “C” to the staff report dated April 11, 2017 BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to authorize the foregoing and direct the Civic Administration to carry out all necessary administrative actions.

 

5.

Report of the Federation of Canadian Municipalities Board of Directors Meeting - Whistler, BC March 13 - 17, 2017

 

That the communication dated March 30, 2017 from Councillor H.L. Usher, regarding the Federation of Canadian Municipalities Board of Directors meeting held March 13-17, 2017 in Whistler, B.C., BE RECEIVED for information.

 

6.

London Cycle Link and Squeaky Wheel Bike Co-Op - Request for Designation as a Municipally Significant Event

 

That the London Cycle Link and Squeaky Wheel Bike Co-Op, to be held Saturday, April 29, 2017 between 12:00 p.m. and 4:00 p.m., at the UnLab, 792 Dundas Street, London, ON, BE DESIGNATED as an event of municipal significance in the City of London.

 

7.

Corporate Services Committee Deferred Matters List

 

That the Corporate Services Committee Deferred Matters List, as of April 3, 2017, BE RECEIVED, with the addition of the previously-requested report back on ward boundaries.

 

8.

Board of Directors - Federation of Canadian Municipalities

 

That the following actions be taken with respect to Councillor H.L. Usher’s communication dated April 3, 2017, with respect to the Federation of Canadian Municipalities (FCM) Board of Directors:

 

a)         Councillor H.L. Usher BE ENDORSED to stand for election on the FCM Board of Directors for the period starting in June 2017 and ending June 2018;

 

 

b)         in the event that Councillor H.L. Usher is elected to the FCM Board of Directors, all costs associated with Councillor H.L. Usher attending FCM Board of Directors meetings BE ASSUMED by the City of London; it being noted that the Board of Directors meetings include September 12 - 15, 2017 – Wood Buffalo, AB; November 21 - 24, 2017 – Ottawa, ON; March 6 - 9, 2018 – Laval, QC; the Sustainable Community Conference & Trade Show – February 6 – 8, 2018 – Ottawa, ON, and the Annual Conference & AGM    – May 31 – June 3, 2018 – Halifax, NS; and

 

c)     Councillor H.L Usher BE REIMBURSED by The Corporation of the City of London, outside of his annual expense allocation, for his campaign expenses in seeking election to the Board of Directors, in an amount of up to $750, upon submission of eligible expenses.

 

9.

London Police Services Board Composition

 

That the communication dated March 30, 2017, from the Honourable Marie-France Lelonde, Minister, Ministry of Community Safety and Correctional Services, regarding the Municipal Council’s request to increase the size of the London Police Services Board, BE RECEIVED.

 

10.

Canada 150 Community Infrastructure Program Intake Two Contribution Agreement (Relates to Bill No. 173)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, the following actions be taken with respect to the execution of the Canada 150 Community Infrastructure Program Contribution Agreement Intake Two:

 

a)         the by-law included as  Appendix “A” to the staff report dated April 11, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to:

           

i)          approve the Canada 150 Community Infrastructure Program Intake Two Contribution Agreement between The Corporation of the City of London and Her Majesty the Queen in Right of Canada hereby represented by the Minister responsible for Federal Economic Development Agency for Southern Ontario;

           

ii)         authorize the Mayor and the City Clerk to sign the Contribution Agreement, attached as Schedule A to the by-law; and,

 

iii)         authorize the Director, Community and Economic Innovation to execute any financial reports required as a condition of the Contribution Agreement authorized and approved in a)i) above;

 

b)         funding for the Canada 150 Community Infrastructure Program Intake Two (CIP 150) BE APPROVED as set out in the Sources of Financing Reports appended to the staff report dated April 11, 2017 as:

 

i)          Appendix B – New Capital Project No. RC2401 Improvement of Covent Garden Market Outdoor Rink;

 

ii)         Appendix C – Capital Projects No. RC2772 Improvement of Constitution Park – New Spray Pad and PD223017 – Improvement of Constitution Park – New Field House;

 

iii)         Appendix D – New Capital Project No. PD2138 Expansion of Kiwanis Park Pathway System; and

 

iv)        Appendix E – New Capital Project No. PD2139 Addition of Splash Pad at Queen’s Park.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

 

 

 

 

Motion made by Councillor P. Hubert to Approve clause 2.

 

2.

2016 Operating Budget Year-End Monitoring Report – Property Tax, Water, Wastewater & Treatment Budgets

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & City Manager, the following actions be taken with respect to the 2016 year-end monitoring:

 

a)         the 2016 Operating Budget Year-End Monitoring Report for the Property Tax Supported Budget (refer to Appendix A included in the staff report dated April 11, 2017), Water, and Wastewater and Treatment Budgets BE RECEIVED for information. An overview of the net corporate positions are outlined below:

 

i)          Property Tax Supported Budget surplus is $4.6 million as identified by the Civic Administration, Boards and Commissions, noting that clause b) is included in the $4.6 million surplus. The year-end surplus is $0.1 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $4.6 million operating surplus was contributed to the Operating Budget Contingency Reserve;

 

ii)         Water Rate Supported Budget surplus is $2.1 million. The year-end surplus is $1.8 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $2.1 million surplus was contributed to the Water Capital Reserve Fund; and

 

iii)         Wastewater and Treatment Rate Supported Budget surplus is $3.3 million. The year-end surplus is $3.2 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $3.3 million surplus was contributed as follows: $2.2 million to the Wastewater Rate Stabilization Reserve and $1.1 million to the Sewage Works Reserve Fund;

 

b)         the request to fund the 2016 London & Middlesex Housing Corporation operational deficit of $50,565, which has been included in the above noted surplus of $4.6 million, BE APPROVED, noting that historically surpluses have been returned to the City while deficits have been funded by the City (see Appendix F for Letter of Request included in the staff report dated April 11, 2017);

 

c)         notwithstanding the Council approved Surplus/Deficit Policy, the Civic Administration BE AUTHORIZED to allocate $3.0 million of the $4.6 million surplus from the Property Tax Supported Budget to the Lorne Avenue Public School Project for estimated demolition, hazardous materials abatement, and site restoration costs;

 

d)         one-time funding of $1.6 million for the Housing Development Corporation (HDC) for additional investment in affordable housing development  BE APPROVED;

 

e)         the Civic Administration’s contribution of $3,507,019 ($3,099,699 – property tax supported; $146,774 – water; and $260,546 – wastewater) to the Efficiency, Effectiveness and Economy reserves in 2016 BE RECEIVED for information; and

 

f)         the Civic Administration and the Housing Development Corporation BE REQUESTED to report back at key points throughout the year as to how the housing funds approved in d), above, are being invested and, if available and appropriate, what other City funds may be available to be redirected to the Housing Development Corporation to bring the total investment up to the original request of $2 million.

 

Note: The reported year-end surplus is subject to the financial statement audit and adjustments related to the accounting for Tangible Capital Assets (PSAB 3150).

 

At 5:58PM His Worship the Mayor places Councillor V. Ridley in the Chair, and takes a seat at the Council Board.

 

At 6:02 PM His Worship the Mayor resumes the Chair, and Councillor V. Ridley takes her seat at the Council Board. 

 

 

 

 

The motion Approve parts d) and f), of clause 2 is put.

 

d)         one-time funding of $1.6 million for the Housing Development Corporation (HDC) for additional investment in affordable housing development  BE APPROVED;

 

f)         the Civic Administration and the Housing Development Corporation BE REQUESTED to report back at key points throughout the year as to how the housing funds approved in d), above, are being invested and, if available and appropriate, what other City funds may be available to be redirected to the Housing Development Corporation to bring the total investment up to the original request of $2 million.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Hubert, H.L. Usher, T. Park (8)

 

NAYS: P. Squire, J. Morgan, V. Ridley, S. Turner (4)

 

The motion to Approve balance of clause 2 is put.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

Motion made by Councillor J. Helmer to Approve clause 11.

 

11.

Vacancy - London Hydro Inc. Board of Directors

 

That the Civic Administration BE REQUESTED to:

 

a)         seek interested applicants for filling an upcoming vacancy (Director – Second Class) on the London Hydro Inc. Board of Directors;

 

b)         invite Mr. G. Holborn and Ms. M. Parks to the final interview process; it being noted that Mr. Holborn and Ms. Parks were on the shortlist of candidates interviewed in 2016 for a previous vacancy on the London Hydro Inc. Board of Directors; and

 

c)         inform London Hydro Inc. of the Shareholder's intention with respect to filling the vacancy.

 

The motion to Approve part a) of clause 11 is put.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, J. Helmer, M. Cassidy, P. Squire, J. Morgan, V. Ridley, S. Turner, T. Park (9)

 

NAYS: B. Armstrong, P. Hubert, H.L. Usher (3)

 

The motion to Approve balance of clause 11 is put.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (12)

 

II

RECOGNITIONS

 

1.

In recognition of the community contributions made by students attending London's post-secondary educational institutions, His Worship the Mayor and Members of Council welcomes and recognizes the following representatives of the Students' Councils from Western University, Huron University College, Brescia University College, King's University College and Fanshawe College:

 

University Students' Council, Western University: Eddy Avila, President and Tobi Solebo, President-Elect

 

Huron University College Students' Council: Curtis Jenken, President and Dylan Matthews, President-Elect

 

Brescia University College Students' Council: Deanna Vezina, President and Rachel Ogilvie, President-Elect

 

King's University College Students' Council: Nathan Little, President and Violette Khammad, President-Elect

 

Society of Graduate Students, Western University: Tamara Hinan, President and Mary Blake Bonn, President-Elect

 

Fanshawe Student Union: Carlie Forsythe, President and Morganna Sampson, President-Elect

 

Motion made by Councillor J. Helmer and seconded by Councillor H.L. Usher to Approve that Council recess.

 

Motion Passed

 

The Council recesses at 6:43 PM and reconvenes at 7:46 PM with Mayor M. Brown in the Chair and all Members present except Councillors M. Salih, P. Squire, A. Hopkins, T. Park and J. Zaifman.

 

IX

ADDED REPORTS

 

 

12th Public Report of the Council In Closed Session

 

PRESENT:  Mayor M. Brown and Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, T. Park and H.L. Usher; and C. Saunders (City Clerk).

 

ABSENT:  Councillors A. Hopkins and J. Zaifman.

 

ALSO PRESENT:  L. Livingstone, L. Bruni, B. Card, K. Dawtrey, A. Hagan, J. Kobarda, V. McAlea Major and B. Warner.

 

Motion made by Councillor V. Ridley and seconded by Councillor J. Helmer to Approve the 12th Report of the Council, In Closed Session.

 

1.         Partial Assignment of Offer to Purchase Industrial Lands – Cancor Development Corporation & EMCO – 2150 Oxford Street East

 

That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the Partial Assignment of Agreement of Purchase and Sale submitted by Dancor Develop Corporation, In Trust for a company to be incorporated (“Dancor”) and 3104740 Nova Scotia Corporation (“EMCO”) to assign part of the City Sale Agreement to EMCO, relating to the part of the lands legally described as part of Lot 1, Concession 2, Geographic Township of London, designated as Parts 32 to 40 both inclusive on draft plan of survey being Plan No. X-208 dated March 10, 2017, prepared by J. Andrew Smith, OLS of Callon Deitz Incorporated, under File No. 15-204058 attached as Schedule “A-2”, being City-owned industrial land located at 2150 Oxford Street East, on the northeast corner of Veteran’s Memorial Parkway and Oxford Street East, containing an area of 19.02 acres, as outlined on the sketch attached hereto as Schedule “A-1”, BE APPROVED.

 

 

 

 

 

 

 

 

 

2.         267 Dundas Street – Canadian Medical Hall of Fame Lease Agreement

 

That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the Lease Agreement, attached as Appendix “A”, submitted by the Canadian Medical Hall of Fame (CMHF), to lease a portion of the City-owned J. Allyn Taylor building, located at 267 Dundas Street, for an eighteen (18) month term, commencing October 1, 2017, BE ACCEPTED

 

3.         Property Acquisition – Old Victoria Stormwater Management Facility No. 1

 

That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the following actions be taken with respect to the properties at 1742 Hamilton Road and an abutting parcel to the West without a municipal address, known as the Old Victoria Stormwater Management Facility No. 1:

 

a)         the offer submitted by Thames Valley Joint Venture Corporation to sell to the City a portion of the land located at 1742 Hamilton Road, further described as Part of Lot 7 Concession 1 to be designated as Parts 2,3,4,7 on a reference plan to be deposited, in the City of London, County of Middlesex, containing an area of approximately 2.19 acres, for the purpose of a Stormwater Management (SWM) Facility, for the sum of $129,129.00, BE ACCEPTED, subject to the following conditions:

 

i)          Soil, Geotechnical, and Environmental Tests being completed to the satisfaction of the Purchaser;

ii)         Temporary Easements being granted to the Purchaser to support a temporary SWM facility, access during construction, maintenance access and storm sewers;

iii)         the Reference Plan being deposited by the Purchaser;

iv)        the balance of the sale price being paid upon 25% of the project build out known as Old Victoria Stormwater Management Facility No. 1; and

v)         completion being conditional on an Agreement with the abutting land owner;

 

b)         the offer submitted by Charles Andersen Cline to sell to the City a portion of the land located on the northeast side of Hamilton Road, further described as Part Lot 8 Concession 1, to be designated as Parts 8,9,10 on a reference plan to be deposited in the City of London, County of Middlesex, containing an area of approximately 1.33 acres, for the purpose of a Stormwater Management Facility, for the sum of $115,126.00, BE ACCEPTED, subject to the following conditions:

 

i)          Soil, Geotechnical, and Environmental Tests being completed to the satisfaction of the Purchaser;

ii)         Temporary Easements being granted to the Purchaser to support a temporary SWM facility, access during construction, maintenance access and storm sewers;

iii)         the Reference Plan being deposited by the Purchaser;

iv)        the balance of the sale price being paid upon 25% of the project build out known as Old Victoria Stormwater Management Facility No. 1; and

v)         completion being conditional on an Agreement with the abutting land owner;

           

c)         the financing for this acquisition BE APPROVED as set out in the Source of Financing Report  attached hereto as Appendix “A”.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

Councillor Hubert enquires as to the timing of the Culture Districts report, noting it was scheduled to be within two meeting cycles.  The Deputy City Clerk advises that consultation is ongoing, and the report is anticipated to be available for the second meeting in May. 

 

Councillor Ridley enquires as to whether staff are aware of additional species causing risk to the tree canopy.  The Acting City Manager advises that additional information related to this matter is forth-coming.  Councillor Ridley further enquires as to measures to assist with stifling side conversations during meetings which result in difficulty hearing presentations and discussion.  The Mayor requests Members to be more conscientious at meetings. 

 

XII

EMERGENT MOTIONS

 

1.

Councillor T. Park and Councillor M. Cassidy - Emergent Motion – Change in Meeting Location- May 23, 2017 Planning and Environment Committee Meeting

 

Motion made by Councillor M. Cassidy and seconded by Councillor S. Turner to Approve that pursuant to section 20.1 of the Council Procedure By-law, leave BE GIVEN for the introduction of an emergent motion to permit the May 23, 2017 Planning and Environment Committee meeting to be held at the Wolf Performance Hall (251 Dundas Street) in order to accommodate the high volume of members of the public anticipated to be in attendance at the meeting.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (9)

 

NAYS: J. Helmer (1)

 

Motion made by Councillor M. Cassidy and seconded by Councillor S. Turner to Approve that pursuant to Section 2.6 of the Council Procedure By-law, the Civic Administration BE DIRECTED to make the necessary arrangements for the May 23, 2017 meeting of the Planning and Environment Committee to be held at the Wolf Performance Hall (251 Dundas Street) in order to ensure the health and safety of the high volume of members of the public anticipated to be in attendance at the meeting. 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

Motion made by Councillor S. Turner and seconded by Councillor J. Morgan to Approve that pursuant to section 20.1 of the Council Procedure By-law, leave BE GIVEN for the introduction of an emergent motion to permit further direction to be given to the Civic Administration to report back on specific mitigation measures that could be put in place to address the potential impacts to businesses during the construction and implementation of a rapid transit system in the City of London.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

Motion made by Councillor S. Turner and seconded by Councillor J. Morgan to Approve that the Civic Administration BE DIRECTED to include, as part of its report back on the Rapid Transit Implementation Project, requested by the Municipal Council at its meeting on April 4, 2017, the following additional information:

 

a)         options to mitigate potential impacts to businesses during the construction of a rapid transit system, including, but not limited to a temporary Community Improvement Project;

 

 

b)         identification of potential means by which access to businesses can be maintained during construction and after completion of a rapid transit system; and,

 

c)         potential opportunities to provide for rapid transit routes though mixed traffic on King Street between Ridout Street North and Richmond Street.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

XIII

BY-LAWS

 

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

 

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve Introduction and First Reading of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve Second Reading of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

Motion made by Councillor M. van Holst and seconded by Councillor M. Cassidy to Approve Third Reading and Enactment of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher (10)

 

Bill No.156

By-law No. A.-7539-126

A by-law to confirm the proceedings of the Council Meeting held on the 18th day of April, 2017. (City Clerk)

 

Bill No. 157

By-law No. A.-7540-127

A By-law to authorize and approve Amending Agreement No. 2 with the Government of Ontario for the HELP Clean Water initiative, and to authorize the Mayor and Clerk to execute the agreement. (8/7/CWC)

 

Bill No. 158

By-law No. A.-7541-128

 

A by-law to repeal By-law A.-7490-16 and to appoint deputies to the City Clerk. (City Clerk)

Bill No. 159

By-law No. C.P.-1284(sw)-129

 

A by-law to amend the Official Plan for the City of London, 1989 as it relates to the Southwest Area Secondary Plan. (11/7/PEC)

Bill No. 160

By-law No. L.S.P.-3461-130

 

A by-law to authorize and approve an application to expropriate a permanent easement to complete the permanent pathway, to the City’s accessibility standards as approved by Council – Medway Valley Trail North – Option 5B, Further Enhanced Accessibility and Community Connections for the implementation of the Medway Valley Trail Master Plan North of Fanshawe Park Road. (4/13/CSC)

 

Bill No. 161

By-law No. PS-113-17001

(REVISED) A by-law to amend By-law No. PS-113 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (3/7/CWC)

Bill No. 162

By-law No. PS-113-17002

A by-law to amend By-law No. PS-113 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (3/7/CWC)

 

Bill No. 163

By-law No. S.-5859-131

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (to be known as Dalmagarry Road) (Chief Surveyor - to provide unobstructed legal access to various new subdivisions)

 

Bill No. 164

By-law No. S.-5860-132

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Riverside Drive, west of Hyde Park Road) (Chief Surveyor - pursuant to SPA16-068 and in accordance with Zoning By-law Z-1)

 

Bill No. 165

By-law No. S.-5861-133

A by-law to assume certain works and services in the City of London. (Byron Hills Estates Subdivision – 33M-515) (City Engineer)

 

Bill No. 166

By-law No. S.-5862-134

A by-law to assume certain works and services in the City of London. (Dalmagarry Road) (City Engineer)

 

Bill No. 167

By-law No. W.- 5597(a)-135

 

A by-law to amend by-law No. W.-5597-42 entitled, “A by-law to authorize the Sarnia Road Improvements Hyde Park to Wonderland Road (Project TS1349-2)” (6/6/CWC)

 

Bill No. 168

By-law No. Z.-1-172565

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the lands located at 2577, 2583, 2589, 2595, 2599, 2611, 2617, 2621, 2625, 2629, 2633, 2637, 2641, 2645, 2649, 2653 & 2661 Tokala Trail. (5/7/PEC)

 

Bill No. 169

By-law No. Z.-1-172566

 

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning of the lands located at 1198-1212 Commissioners Road West. (6/7/PEC)

 

Bill No. 170

By-law No. Z.-1-172567

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for lands located at 905 Sarnia Road. (7/7/PEC)

Bill No. 171

By-law No. Z.-1-172568

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the land located at 2946 Bateman Trail. (8/7/PEC)

 

Bill No. 172

By-law No. Z.-1-172569

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the land located at 2605-2651 Tokala Trail and 1055 & 1075 Fanshawe Park Road West. (9/7/PEC)

 

Bill No. 173

By-law No. A.-7542-136

 

A by-law to approve the Contribution Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister Responsible for the Federal Economic Development Agency for Southern Ontario and The Corporation of the City of London; and to authorize the Mayor and City Clerk to execute the agreement.  (10/13/CSC)

 

Bill No. 174

By-law No. A.-7543-137

(ADDED) A By-law to approve and authorize a Partial Assignment of Agreement of Purchase and Sale Agreement between The Corporation of the City of London and Dancor Development Corporation, in trust for a company to be incorporated, and 3104740 Nova Scotia Corporation and to authorize the Mayor and City Clerk to execute the Agreement. (C1/13/CSC)

 

Bill No. 175

By-law No. A.-7544-138

(ADDED) A by-law to authorize and approve a Lease Agreement between The Corporation of the City of London and the Canadian Medical Hall of Fame, for the lease of the City owned building at 267 Dundas Street, London, Ontario, and to authorize the Mayor and the City Clerk to execute the Agreement. (C2/13/CSC)

 

 

Bill No. 176

By-law No. A.-7545-139

(ADDED) A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Thames Village Joint Venture Corporation, for the acquisition of property located at 1742 Hamilton Road, further described as Part of Lot 7, Concession 1, designated as Parts 2, 3, 4, 7 on a reference plan to be deposited, in the Geographic Township of Westminster, City of London, County of Middlesex, and to authorize the Mayor and the City Clerk to execute the Agreement. (C3/13/CSC)

 

Bill No. 177

By-law No. A.-7546-140

(ADDED) A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and CHARLES ANDERSON CLINE, for the acquisition of property located on the east side of Hamilton Road, further described as Part of Lot 8, Concession 1, designated as Parts 8, 9 and10 on a reference plan to be deposited, in the Geographic Township of Westminster, City of London, County of Middlesex, and to authorize the Mayor and the City Clerk to execute the Agreement.

(C3/13/CSC)

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor J. Helmer and seconded by Councillor M. van Holst to Approve that the meeting adjourn.

 

Motion Passed

 

The meeting adjourns at 8:21 PM.

 

 

 

 

 

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                                                                                          Matt Brown, Mayor

 

 

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                                                                                          Catharine Saunders, City Clerk

 

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