Council

MINUTES

SEVENTEENTH MEETING

May 30, 2017

The Council meets in Regular Session in the Council Chambers this day at 4:03 PM.

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

ALSO PRESENT: M. Hayward, A. Barbon, B. Card, S. Corman, B. Coxhead, S. Datars Bere,  J.M. Fleming, T. Gaffney, K. Graham, A. Hagan, P. Kokkoros, G. Kotsifas, L. Livingstone, V. McAlea Major, D. Popadic, M. Ribera, L.M. Rowe, A. Salton, K. Scherr, C. Smith, S. Spring and B. Warner.

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

I

DISCLOSURES OF PECUNIARY INTEREST

II

RECOGNITIONS

1.

His Worship the Mayor recognizes members of the Heroes Circle.

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV

COUNCIL, IN CLOSED SESSION

Motion made by Councillor B. Armstrong and seconded by Councillor M. van Holst to Approve  that Council rise and go into Council, In Closed Session, for the purpose of considering the following:

a)

A matter pertaining to 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. (C-1/19/CSC)

b)

A matter pertaining to 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. (C-2/19/CSC)

c)

A matter pertaining to 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  ould 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. (C-3/19/CSC)

d)

A matter pertaining to litigation or potential litigation currently before the Ontario Superior Court of Justice, Court file No. 49075, affecting the municipality; and  advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C-4/19/CSC)

e)

(ADDED) A matter pertaining to 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. (C-1/12/SPPC)

f)

(ADDED) 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; litigation or potential litigation, including matters before administrative tribunals affecting the municipality; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C-2/12/SPPC)

g)

(ADDED) A matter pertaining to personal matters about an identifiable individual with respect to employment-related matters and advice and recommendations of officers and employees of the Corporation including communications necessary for that purpose. (C-3/12/SPPC)

Motion Passed

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

The Council goes into the Council, In Closed Session, at 4:15 PM, with Mayor M. Brown in the Chair an all Members present except Councillors S. Turner and J. Zaifman.

At 4:20 PM Councillor T. Park leaves the meeting.

At 4:21 PM Councillor J. Morgan leaves the meeting.

At 4:22 PM Councillor T. Park enters the meeting.

At 4:27 PM Councillor J. Morgan enters the meeting.

At 4:34 PM Councillor S. Turner enters the meeting.

At 5:00 PM Councillor J. Zaifman enters the meeting.

The Council, In Closed Session, rises at 5:06 PM and Council reconvenes at 5:08 PM, Mayor M. Brown in the Chair and all Members present except Councillor V. Ridley.

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SIXTEENTH MEETING HELD ON MAY 16, 2017

Motion made by Councillor H.L. Usher and seconded by Councillor M. Cassidy to Approve the Minutes of the Sixteenth meeting held on May 16, 2017.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

At 5:12 PM Councillor V. Ridley enters the meeting.

VI

COMMUNICATIONS AND PETITIONS

Motion made by Councillor H.L. Usher and seconded by Councillor B. Armstrong to Approve receipt and referral of Communication #3, as noted on the Agenda.

3.

P. van der Werf, Museum London Board Chair - Museum London Endowment Funds Transfer Request

(Refer to the Community and Protective Services Committee Stage for Consideration with Clause 17 of the 6th Report of the Community and Protective Services Committee )

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

1.

Managing Director, Environmental and Engineering Services and City Engineer - Expropriation of Lands - Western Road Widening and Improvements Project - TS1489-1

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve that Council convene as the Approving Authority pursuant to the provisions of the Expropriation Act, R.S.O. 1990, c.E.26, as amended, for the purpose of considering Communication No. 1 from the Managing Director, Environmental & Engineering Services and City Engineer, with respect to the expropriation of the lands for the project known as the Western Road Widening and Improvements Project (TS-1489-1) between Oxford Street West and Platt’s Lane.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

Motion made by Councillor M. Cassidy and seconded by Councillor B. Armstrong to Approve that on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, the following actions be taken with respect to the expropriation of lands for the project known as Western Road Widening and Improvements Project (TS1489-1) between Oxford Street West and Platt’s Lane:

a)         the Council of The Corporation of the City of London, as Approving Authority pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as amended, HEREBY APPROVES the proposed expropriation of land, as described in Appendix “A” appended to the staff report dated May 30, 2017, in the City of London, County of Middlesex, it being pointed out that the reasons for making this decision are as follows:

i)          the subject lands are required by The Corporation of the City of London for the Western Road Widening and Improvements Project;

ii)         the design of the project will address the current and future transportation demands along the corridor; and,

iii)         the design is in accordance with the Municipal Class Environmental Assessment Study Recommendations for the Western Road Widening and Improvements Project accepted by Council on October 13, 2015; and

b)         that a certificate of approval BE ISSUED by the City Clerk on behalf of the Approving Authority in the prescribed form;

it being noted that the two requests for Hearings of Necessity in relation to Parts 6 and 13, Plan 33R-19561 were received with the Hearings being conducted on April 7 and April 10, 2017 and the findings and opinions of the Inquiry Officer being appended as Appendices “B” & “C” to the staff report dated May 30, 2017; it being further noted that a communication, dated May 24, 2017 from J.S. Doherty, Gowling WLG (Canada) LLP was received.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve that the meeting of the Approving Authority be adjourned and that the City Council reconvene in regular session.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

2.

Managing Director, Environmental and Engineering Services and City Engineer - Expropriation of Lands - Western Road Widening and Improvements Project - TS1489-1

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve that, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, the following actions be taken with respect to the expropriation of lands for the project known as the Western Road Widening and Improvements Project (TS1489-1) between Oxford Street West and Platt’s Lane:

a)         the proposed by-law appended as Appendix “B” to the staff report dated May 30, 2017 BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 by The Corporation of the City of London as Expropriating Authority, with respect to the lands described in Appendix “A” appended to the staff report dated May 30, 2017 (the “Expropriated Lands”);

b)         the Civic Administration BE DIRECTED to take all necessary steps to prepare a plan or plans showing the Expropriated Lands and to register such plan or plans in the appropriate registry or land titles office, pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, within three (3) months of the Approving Authority granting approval of the said expropriation;

c)         the City Clerk BE AUTHORIZED to sign on behalf of the Expropriating Authority, the plan or plans as signed by an Ontario Land Surveyor showing the Expropriated Lands; and

d)         the City Clerk BE AUTHORIZED AND DIRECTED to execute and serve the notices of expropriation required by the Expropriations Act, R.S.O. 1990, c. E.26 and such notices of possession that may be required to obtain possession of the Expropriated Lands;

it being noted that a communication dated May 24, 2017, from J.S. Doherty, Gowling WLG (Canada) LLP was received..

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

VII

MOTIONS OF WHICH NOTICE IS GIVEN

VIII

REPORTS

Motion made by Councillor M. Cassidy and seconded by Councillor M. van Holst to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 10 of the 10th Report of the Planning and Environment Committee at 5:30 PM.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

19th Report of the Corporate Services Committee

Councillor P. Hubert presents.

Motion made by Councillor P. Hubert to Approve clauses 1, 2, 3, 6, 7 and 8.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that the following pecuniary interests were disclosed:

a)            Councillor T. Park disclosed a pecuniary interest in clause C-3 of the Confidential Appendix to the 19th Report of the Corporate Services Committee, having to do with a matter pertaining to 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, by indicating that her family owns property in the vicinity.

b)            Councillor J. Morgan disclosed a pecuniary interest in clause C-1 of the Confidential Appendix to the 19th Report of the Corporate Services Committee, having to do with a matter pertaining to 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, by indicating that his employer is involved in the proposed transaction.

2.

Declare Surplus - City-Owned Property - Abutting 3195 White Oak Road

That, on the recommendation of the City Manager, on the advice of the Manager of Realty Services, with respect to the vacant City-owned property abutting 3195 White Oak Road, described as Part Lot 31, Concession 2, containing an area of approximately 21,517 square feet (1999 square meters), the following actions be taken:

a)         the subject property BE DECLARED SURPLUS; and

b)         the subject property BE OFFERED for sale to the abutting property owners at fair market value, failing which it will be tendered for sale in accordance with the City’s Sale and Other Disposition of Land Policy.

3.

Declare Surplus - Closed Road Allowance - Part of Hyde Park Road

That, on the recommendation of the City Manager, on the advice of the Manager of Realty Services, with respect to the closed road allowance on Hyde Park Road, described as Hyde Park Road between Lots 24 and 25, Concession 5, containing an area of approximately 16,286 square feet (1513 m2), the subject property BE DECLARED SURPLUS.

6.

Canada 150 London - SesquiFest 2017 Update

That, on the recommendation of the Director, Community and Economic Innovation, the staff report dated May 23, 2017, providing an updated on the Canada 150 London SesquiFest 2017, BE RECEIVED for information; it being noted that the Corporate Services Committee heard the attached presentation from L. Karidas with respect to this matter.

7.

Appointments to the Accessibility Advisory Committee (Requires 2 Persons with a Disability)

That Laurie Chappell and Faye Simmons BE APPOINTED as Voting Persons with Disabilities to the Accessibility Advisory Committee for the term ending February 28, 2019; it being noted that these individuals were appointed in accordance with the attached ranked ballot.

8.

SesquiFest Ontario Craft Beer Garden - Request for Designation as a Municipally Significant Event

That the SesquiFest  Ontario Craft Beer Garden, to be held on June 29, 2017 to July 2, 2017 from 12:00 PM to 11:00 PM and July 3, 2017 from 12:00 PM to 7:00 PM, at the corner of Carling Street and Talbot Street, London, ON, BE DESIGNATED as a municipally significant event.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

5.

Asset Review: Class A - Vacant Land and Buildings

That, on the recommendation of the City Manager the following actions be taken with respect to an asset review of Class A – vacant land and buildings:

a)         the staff report dated May 23, 2017, regarding the findings and recommendations of the asset review of City of London vacant land and buildings BE RECEIVED for information;

b)         consistent with the Sale and Other Disposition of Land Policy, Municipal Council BE ADVISED that the Housing Development Corporation, London (HDC) has requested that 403 Thompson Road and 122 Base Line Road West be transferred to HDC ownership for the purpose of affordable housing development;

c)         the Civic Administration BE AUTHORIZED to undertake all administrative actions necessary to transfer 403 Thompson Road and 122 Base Line Road West from City of London ownership to the HDC for affordable housing purposes, consistent with the Asset Transfers to Municipal Services Corporations Policy; it being noted that the transfer will be subject to a 10-year reversion clause should the lands not be sold or developed by the HDC;

d)         based on the results of the asset review, the following City-owned properties BE DECLARED SURPLUS to the needs of the City (see maps included in Appendix ‘B’ to the staff report dated May 23, 2017):

i)          a portion of 535 Pinetree Drive;

ii)          Roll # 030290038000000 Oxford Street East;

iii)         92 Clemens Street;

iv)        Roll # 030750205990000 Huron Street East;

v)         748 Classic Drive;

vi)        116 Emery Street West; and,

vii)        130 Southdale Road West; and

e)         the Civic Administration BE DIRECTED to develop a program for the disposal of small parcels of City-owned land that are not required for City needs and are not independently viable for development;

it being noted that disposal processes are presently underway for the Class A assets located at  47 Outer Drive, 7 Annadale Drive, and 391 South Street;

it being further noted that the Corporate Services Committee heard the attached presentation from the Director, Development Finance, with respect to this matter.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

4.

Review of City of London Ward Boundaries

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated May 23, 2017 BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 to set out the City of London’s ward boundaries in preparation for the 2018 Municipal Election.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

NAYS: J. Morgan (1)

10th Report of the Planning and Environment Committee

Councillor T. Park presents.

10.

Property located at 420 Fanshawe Park Road East - (OZ-8624)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 2431602 Ontario Limited, relating to the property located at 420 Fanshawe Park Road East:

a)         the proposed by-law appended to the staff report dated May 23, 2017 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 to amend the Official Plan to change the designation of the subject lands FROM a Low Density Residential designation TO a Multi-family, Medium Density Residential designation;

b)         the proposed by-law appended to the staff report dated May 23, 2017 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a) above), to change the zoning of the subject property FROM a Residential R1 (R1-7) Zone TO a holding Residential R1 Bonus (h-5*R1-7*B-__) Zone subject to the completion of a development agreement that substantively implements the site and building design appended to the staff report dated May 23, 2017 as Appendix “1”;

c)         the Bonus Zone shall be implemented through a development agreement to provide for an apartment building of 14.6m (48 ft) with an increased density up to 100 units per hectare in return for the provision of the following services, facilities and matters which are described in greater detail in the proposed by-law:

i)          a high quality development which substantively implements the site plan and elevations appended to the staff report dated May 23, 2017 as Appendix “1”, with minor revisions at the discretion of the Managing Director of Planning and City Planner;

ii)         a contemporary building design with a mix and articulation of building materials including brick, metal panels, concrete, wood veneer and vision and spandrel glass;

iii)         the provision of individual entrances to ground floor units on the south façade, with operable and lockable front doors, pedestrian scale features such as lighting and weather protection, and private amenity areas designed as courtyards enclosed with a combination of planters and decorative fencing;

iv)        the provision of all but 18 required parking spaces below grade generally located under the building footprint;

v)         the provision of enhanced universally accessible features such as barrier-free access to all floors, and wide routes, paths and corridors which provide adequate width for persons using wheelchairs, scooters, pushing strollers;

vi)        the location of all service and loading facilities within and behind the building and not visible from the public street;

vii)       the enhanced provision of landscaping and retention of mature trees in a park-like setting at the north of the site with a minimum 60% landscaped open space; and,

viii)       the provision of a commemorative garden and/or signage to acknowledge the historic affiliation of the property within the landscaped open space towards the north of the site;

d)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

i)              the provision of privacy fencing along the east and west property boundaries;

ii)             the provision of enhanced landscaping along the east and west property boundaries for screening; and,

iii)            restrict any fencing proposed for the north boundary to wrought iron or similar visually permeable fencing material;

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

it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter;

·                     a communication dated May 17, 2017 from P. Barmby, 528 Sandybrook Drive;

·                     a communication dated May 8, 2017 from W. and C. Merryweather, 1559 Phillbrook Drive; and,

·                     a communication dated May 4, 2017 from K. Sui;

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

·                    the recommended amendments are consistent with, and will serve to implement the policies of the Provincial Policy Statement, 2014 which encourages infill and intensification and the provision of a range of housing types, compact urban form and efficient use of existing infrastructure;

·                    the recommended Official Plan amendment is consistent with the policies of the Multi-Family Medium Density Residential designation and will implement an appropriate medium density form in accordance with the greater Official Plan policies;

·                     the subject lands are of a suitable size and shape to accommodate the development proposed, and have access to municipal infrastructure, public transit facilities, nearby commercial nodes and open space;

·                    the recommended Bonus Zone provides appropriate regulations to control the use, intensity and form of development, and will allow for a higher density in return for the provision of such bonusable features that will provide for an enhanced development which is of a compatible scale and height to the existing development in the area;

·                    the proposed development will provide a positive development which is oriented to, and enhances the character of, Fanshawe Park Road East without the use of noise walls; and,

·                    the proposed residential uses and scale of development are generally consistent with the London Plan.  (2017-D09)

Motion made by Councillor M. van Holst and seconded by Councillor J. Zaifman to Approve that pursuant to section 9.6 of the Council Procedure By-law, Councillor M. Cassidy be permitted to speak longer than 5 minutes with respect to this matter.

Motion made by Councillor B. Armstrong and seconded by Councillor A. Hopkins to Approve that pursuant to section 9.6 of the Council Procedure By-law, Councillor M. Cassidy be permitted to speak an additional 5 minutes with respect to this matter.

Motion made by Councillor M. Cassidy and seconded by Councillor P. Squire to Approve that the application for the property located at 420 Fanshawe Park Road East be referred back to the Civic Administration for further consultation with the community, the Ward Councillor, and the applicant.

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

At 6:06 PM His Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.

Motion made by Councillor H.L. Usher and seconded by Councillor T. Park to Approve that pursuant to section 9.6 of the Council Procedure By-law, Councillor S. Turner be permitted to speak longer than 5 minutes with respect to this matter.

Motion Failed

YEAS: M. Brown, M. van Holst, M. Cassidy, P. Squire, J. Morgan, V. Ridley (6)

NAYS: B. Armstrong, M. Salih, J. Helmer, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (9)

Motion Passed

YEAS: M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (11)

NAYS: M. Brown, M. Cassidy, P. Squire, J. Morgan (4)

Motion made by Councillor M. van Holst and seconded by Councillor M. Salish to Approve that Council recess.

Motion made by Councillor A. Hopkins and seconded by Councillor M. van Holst to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 8 of the 10th Report of the Planning and Environment Committee at this time.

Motion Passed

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

At 7:51 PM Councillors M. Salih and J. Helmer enter the meeting.

8.

Property located at 8076 Longwoods Road (Z-8735)

That, the following actions be taken with respect to the application of Mike Abualhayja, relating to the property located at 8076 Longwoods Road:

a)         the application of Mike Abualhayja, for the above-noted property BE REFERRED to the Civic Administration to report back with a revised by-law that would permit the keeping of livestock as an accessory use to the abattoir;

b)            the Site Plan Approval Authority BE REQUESTED to consider the following through the site plan approval process:

i)          adequate perimeter fencing for the livestock facility;

ii)         tree planting encouraged for the southeast corner of the property; and,

iii)         the inclusion of a h-5 holding provision to ensure the community is included in the site plan approval process;

c)            pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the proposed amendments to the by-law are minor in nature and the Civic Administration will be reporting back on this matter;

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

it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter;

·                     a communication dated May 15, 2017 from A. Abo-Amer;

·                     a communication dated May 15, 2017 from S. Saleh;

·                     a communication dated May 15, 2017 from B. Al-Buzoor;

·                     a communication dated May 15, 2017 from H. Abbas;

·                     a communication dated May 15, 2017 from B. Elkassem;

·                     a communication dated May 15, 2017 from A. Alshaikh, 110-261 Platt’s Lane;

·                     a communication dated May 15, 2017 from I. Rajeh;

·                     a communication dated May 15, 2017 from A. Abualhayjaa;

·                     a communication dated May 16, 2017 from W. Altoum, 1002 Jalna Boulevard;

·                     a communication dated May 16, 2017 from E. Matar;

·                     a communication dated May 16, 2017 from C. Khatib;

·                     a communication dated May 16, 2017 from T. Alnajjar;

·                     a communication dated May 16, 2017 from O. Alshaikh, 110-261 Platt’s Lane;

·                     a communication dated May 16, 2017 from B. Misk;

·                     a communication dated May 15, 2017 from M. Alawna;

·                     a communication dated May 15, 2017 from S. Alawneh;

·                     a communication dated May 15, 2017 from H. Ramadan, London Muslim Mosque;

·                     a communication dated May 15, 2017 from H. Abbas;

·                     a communication dated May 16, 2017 from M. El Najjar, 515-697 Proudfoot Lane;

·                     a communication dated May 16, 2017 from Y. I. Abu Zoar, 515-697 Proudfoot Lane;

·                     a communication dated May 16, 2017 from E. Matar;

·                     a communication dated May 16, 2017 from I. Dr. A. Almusawi;

·                     a communication dated May 16, 2017 from A. Ibrahim;

·                     a communication dated May 16, 2017 from G. Abdulrahim, 3404 Settlement Court;

·                     a communication dated May 18, 2017 from N. Daoud;

·                     a communication dated May 18, 2017 from Y.A. Hatoum;

·                     a communication dated May 18, 2017 from Alathemena;

·                     a communication dated May 18, 2017 from A. Alzobani, 101-700 Horizon Drive;

·                     a communication dated May 18, 2017 from K. Abel;

·                     a communication dated May 16, 2017 from Wheels In Motion;

·                     a communication dated May 18, 2017 from S. Basaad;

·                     a communication dated May 18, 2017 from S. Khabbaz;

·                     a communication dated May 18, 2017 from A. Alotaibl;

·                     a communication dated May 18, 2017 from Relnaji;

·                     a communication dated May 18, 2017 from R. Temraz;

·                     a communication dated May 18, 2017 from A. J. Asiri;

·                     a communication dated May 18, 2017 from K. Alsindi;

·                     a communication dated May 18, 2017 from A. Aseri;

·                     a communication dated May 18, 2017 from K. Sunba;

·                     a communication dated May 16, 2017 from S. Hamad;

·                     a communication dated May 16, 2017 from J. Bagajati;

·                     a communication dated May 16, 2017 from A. Hayek;

·                     a communication dated May 16, 2017 from E. Bu-Jadoua;

·                     a communication dated May 16, 2017 from A. Abualhayjaa;

·                     a communication dated May 16, 2017 from Gathamna;

·                     a communication dated May 16, 2017 from S. Nahas;

·                     a communication dated May 16, 2017 from T. Alkoufi;

·                     a communication dated May 16, 2017 from S. Dalal-Bachi;

·                     a communication dated May 17, 2017 from G. Rahim;

·                     a communication dated May 17, 2017 from Manar;

·                     a communication dated May 16, 2017 from Adnan;

·                     a communication dated May 17, 2017 from R. Ibrahim;

·                     a communication dated May 17, 2017 from K. Hamad;

·                     a communication dated May 17, 2017 from Hamziegfi;

·                     a communication dated May 17, 2017 from O. Batat.  (2019-D09)

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve that part a) of clause 8 be amended to read as follows:

“a)       the application of Mike Abualhayja, for the above-noted property BE REFERERD to the Civic Administration to report back with a revised by-law that would provide for a potential opportunity to ensure that the livestock operation is maintained appropriately;”

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

Motion made by Councillor T. Park and seconded by Councillor S. Turner to Approve clause 8, as amended.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

Motion made by Councillor M. Salih and seconded by Councillor M. van Holst to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the 6th Report of the Community and Protective Services Committee at this time.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

6th Report of the Community and Protective Services Committee

Councillor M. Salih presents.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

5th Report of the London Housing Advisory Committee

That it BE NOTED that the 5th Report of the London Housing Advisory Committee, from its meeting held on May 10, 2017, was received.

3.

Healthy Kids Community Challenge - Update

That, on the recommendation of the Managing Director, Neighbourhood, Children and Fire Services, the staff report dated May 24, 2017, with respect to the Healthy Kids Community Challenge update, BE RECEIVED.

5.

38 Berkshire Court  -  Naturalized Area

That, on the recommendation of the Director, Development and Compliance Services and Chief Building Official, the staff report dated May 24, 2017, with respect to compliance and enforcement protocol to address the naturalized area on private property, referred to as 38 Berkshire Court, BE RECEIVED.

6.

2014-2017 Multi-Sector Service Accountability Agreement - Dearness Home Adult Day Program and the South West Local Health Integration Network - Declaration of Compliance - April 1, 2016- March 31, 2017

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, regarding compliance with the terms of the 2014-2017 Multi-Sector Service Accountability Agreement for the Dearness Home Adult Day Program, the Managing Director, Housing, Social Services and Dearness Home BE AUTHORIZED to execute the Declaration of Compliance, substantially in the form appended as Schedule 1 to the staff report dated May 24, 2017 for the reporting period April 1, 2016 to March 31, 2017. 

7.

Dearness Home: Dietary Software Upgrade -  Synergy on Demand

That, on the recommendation of the Administrator, Dearness Home and the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the upgrade of the dietary software at the Dearness Home:

a)       the proposed by-law appended to the staff report dated May 24, 2017, BE INTRODUCED at the Municipal Council meeting of May 30, 2017, to:

i)          approve a Software and Services Agreement to be entered into between The Corporation of the City of London and Sysco Canada Inc., which includes:

A)          Synergy on Demand® Subscription Service Agreement with SureQuest Systems, Inc. and Sysco Canada, Inc.; and

B)          Business Associate Agreement between The Corporation of the City of London and SureQuest Systems, Inc. regarding dietary software services to aid the operational efficiency of the Dearness Home food services department;

ii)         authorize the Mayor and the City Clerk to execute the above-noted Agreements;

b)       the Civic Administration BE AUTHORIZED to undertake all the necessary administrative acts in connection with the Agreements; and,

c)       approval BE GIVEN to declare Sysco Canada Inc. to have a prime vendor partnership with the City of London as required by the Agreement in a) i) above.

8.

London's Child and Youth Agenda: 2017-2021

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to London’s Child and Youth Agenda: 2017-2021:

a)                     London’s Child and Youth Agenda: 2017-2021, as appended to the staff report dated May 24, 2017, BE ENDORSED; and,

b)         the Civic Administration BE AUTHORIZED to proceed with the implementation of London’s Child and Youth Agenda: 2017-2021; it being noted that funding to support this initiative is included in the Neighbourhood, Children and Fire Services approved budget for 2016-2019 and will be confirmed annually though the budget update process;

it being noted that the Community and Protective Services Committee received the attached presentation from L. Livingstone, Managing Director, Neighbourhood, Children and Fire Services, C. Smith, Manager III, Community Partnerships and Funding, J. Brandl, London Public Library, and A. Gilvesy, Investing in Children with respect to this matter; and,

it being further noted that the London’s Child and Youth Agenda 2017-2021 is on file in the City Clerk’s Office.

9.

London Strengthening Neighbourhoods Strategy 2017-2020

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the London Strengthening Neighbourhoods Strategy:

a)         the London Strengthening Neighbourhoods Strategy (LSNS) 2017 – 2020 BE ENDORSED;

b)         the Civic Administration BE AUTHORIZED to proceed with the implementation of the London Strengthening Neighbourhoods Strategy 2017 – 2020; it being noted that funding to support LSNS is included in the Neighbourhood, Children and Fire Services approved budget for 2017-2019 and will be confirmed annually through the budget update process; and,

c)         in support of parts a) and b), above, the Civic Administration BE DIRECTED to purchase an additional community movie kit, at a cost of up to $20,000; it being noted that the Community Investment Reserve Fund would be the source of funding for this initiative;

it being noted that the Community and Protective Services Committee received the attached presentation from L. Livingstone, Managing Director, Neighbourhood, Children and Fire Services, S. Levin, Orchard Park/Sherwood Forest Ratepayers Association, K. Stewart, Old East Village Community Association and W. Kinghorn, Urban League of London, with respect to this matter; and,

it being further noted that the London Strengthening Neighbourhoods Strategy 2017-2020 is on file in the City Clerk’s Office.

10.

Business Licensing By-law Review – Food Premises,  Refreshment Vehicles and Automotive Service Establishments

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, food premises, refreshment vehicles and automotive service establishments BE INCLUDED in the updated Business Licensing By-law; it being noted that upon completion of all public participation meetings related to the review of the Business Licensing By-law, a further public participation meeting will be scheduled to repeal and replace the current Business Licensing by-law as per the direction of Municipal Council on December 19, 2016; it being futher noted that the Community and Protective Services Committee received the attached presentation from O. Katolyk, Chief Municipal Law Enforcement Officer, with respect to this matter

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made submissions in connection therewith.

12.

5th Report of the Diversity, Inclusion & Anti-Oppression Advisory Committee

That the following actions be taken with respect to the 5th Report of the Diversity, Inclusion and Anti-Oppression Advisory Committee, from its meeting held on April 20, 2017:

a)         clause 8 BE REFERRED to the Civic Administration as a part of the             comprehensive Policy Manual review currently underway; and,

b)         clauses 1 to 7 and 9 to 17, BE RECEIVED.

13.

2nd Report of the Childcare Advisory Committee

That the following actions be taken with respect to the 2nd Report of the Childcare Advisory Committee from its meeting held on April 27, 2017:

a)         the attached 2016 Work Plan Summary and the attached 2017 Work Plan for the Childcare Advisory Committee BE APPROVED; and,

b)         clauses 1 to 7 and 9 to 14, BE RECEIVED.

14.

5th Report of the Animal Welfare Advisory Committee

That the following actions be taken with respect to the 5th Report of the Animal Welfare Advisory Committee from its meeting held on May 4, 2017:

a)         the Civic Administration BE REQUESTED to consider the continued involvement of the Animal Welfare Advisory Committee (AWAC) in the development and implementation of the licensing of pet shop regulations including the permitted list, the review process, the evaluation model and all other aspects; it being noted that the AWAC held a general discussion with respect to this matter including the need to include rabbit regulations; and,

b)         clauses 1 to 3 and 5, BE RECEIVED.

15.

4th Report of the Accessibility Advisory Committee

That the following actions be taken with respect to the 4th Report of the Accessibility Advisory Committee, from its meeting held on April 27, 2017:

a)         the Civic Administration BE REQUESTED to consider the revised attached updates to the City of London “Guide: How to Plan Accessible Outdoor Events”;

b)         the following actions be taken with respect to the Built Environment and Facilities Sub-Committee report from its meeting held on April 10, 2017:

i)          a representative of the Roads Division, Construction Management BE INVITED to attend an upcoming meeting of the Accessibility Advisory Committee (ACCAC) to discuss policies or best practice procedures used with respect to temporary paths of travel during road/sidewalk construction; and

ii)          the Civic Administration BE REQUESTED to provide the Built Environment and Facilities Sub-Committee with copies of such practices, procedures or policies for review; and,

c)         clauses 1 to 5 and 8 to 10, BE RECEIVED.

16.

2nd Report of the Town and Gown Committee

That the following actions be taken with respect to the 2nd Report of the Town and Gown Committee, from its meeting held on May 12, 2017:

a)         the Civic Administration BE ADVISED that the Town and Gown Committee expressed its support for the application by Rygar Corporation Inc., relating to the properties located at 150 Dundas Street and 153 Carling Street, as the proposed amendment will benefit students;

b)         the Civic Administration BE ADVISED of the following with respect to the City’s proposed Bus Rapid Transit:

i)          the Bus Rapid Transit project and improved transit access BE SUPPORTED IN PRINCIPLE to provide reliable, efficient transportation directly to Fanshawe College, Western University and affiliated universities or colleges to the students to the Downtown, Fanshawe College and Western University campuses; and,

ii)         Bus Rapid Transit lanes that primarily use dedicated lanes, BE SUPPORTED;

c)         all Municipal Councillors BE REQUESTED to hold stakeholder consultations relating to SHIFT, and its potential impact on students; and,

d)         clauses 1 to 3 and 5 to 7, BE RECEIVED.

18.

Request for Renaming Carfrae Park West to Charles Hunt Park

That, on the recommendation of the Civic Administration, the request to rename “Carfrae Park West” to “Charles Hunt Park”, BE APPROVED.

20.

Deferred Matters List

That the May 2017 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

4.

Council Policy for  Publicly  Releasing  Enforcement Information (Relates to Bill No. 227)

That, on the recommendation of the Fire Chief and the Managing Director, Neighbourhood, Children and Fire Services, the attached revised proposed by-law BE INTRODUCED at the Municipal Council meeting of May 30, 2017, to adopt a policy for publicly releasing enforcement conviction information.

Motion made by Councillor J. Helmer and seconded by Councillor M. Salih to Approve that the proposed Council Policy for publicly releasing enforcement conviction information be referred back to receive further comment at a future Public Participation Meeting to be held before the Community and Protective Services Committee.

Motion Passed

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

NAYS: S. Turner (1)

11.

Parking Enforcement - Privately-Owned Parking Lots

That the Civic Administration BE DIRECTED to consult with applicable stakeholders and to report back to the Community and Protective Services Committee with respect to what steps could be taken by the City of London with respect to parking infractions in privately-owned parking lots, and enforcement, in order to examine fines, processing, fairness and consistency; it being noted that a communication from Councillor M. Salih related to this matter, was received.

Motion made by Councillor M. Salih and seconded by Councillor J. Helmer to Approve that clause 11 be amended to read as follows, in order to reflect the outcome of the debate at the Community and Protective Services Committee:

That the communication dated April 25, 2017, from Councillor M. Salih, with respect to parking enforcement on privately-owned parking lots, BE RECEIVED.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

17.

Museum London Endowment Funds Transfer Request

That, on the recommendation of the City Manager, the following actions be taken with respect to the staff report dated May 24, 2017, related to the Museum London Endowment Funds transfer request:

a)         NO ACTION BE TAKEN related to the John H. and Elizabeth Moore Acquisition Fund as Museum London and its Board, as the trustees, are responsible for the administration of the endowment fund and must apply with all applicable law: and,

b)         the request to transfer the Operating Endowment Fund BE DENIED.

Motion made by Councillor H.L. Usher and seconded by Councillor M. van Holst to Approve that the request from Museum London with respect to the possible transfer of the Museum London Endowment funds to the Museum London Foundation be referred back to the Civic Administration for further discussion with Museum London and a report back at a future meeting of the Community and Protective Services Committee regarding this matter.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, H.L. Usher, T. Park (11)

NAYS: J. Morgan, P. Hubert, S. Turner (3)

19.

London Optimist Sports Centre BMO Centre 295 Rectory Street - Grant Agreement (Relates to Bill No. 226)

That, on the recommendation of the City Solicitor’s Office, the proposed by-law, appended to the staff report dated May 24, 2017 BE INTRODUCED at the Municipal Council meeting of May 30, 2017, to:

a)         approve a Grant Agreement, substantially in the form appended to the above-noted staff report, between The Corporation of the City of London and the London Optimist Sports Centre, for the expansion of the BMO Centre at 295 Rectory Street; and,

b)         authorize the Mayor and the City Clerk to execute the above-noted Grant Agreement.

Motion Passed

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

NAYS: J. Helmer (1)

10th Report of the Civic Works Committee

Councillor M. van Holst presents.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Services Agreement Between Partnering Municipalities and the Ontario Clean Water Agency for Contracted Operations - Elgin-Middlesex Pumping Station

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Services Agreement between Partner Municipalities and the Ontario Clean Water Agency for contracted operations at the Elgin-Middlesex Pumping Station:

a)            the proposed by-law appended to the staff report dated May 24, 2017 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 to:

i)            approve a Services Agreement between the Ontario Clean Water Agency and The Corporation of the City of London, Aylmer Area Secondary Water Supply System Board of Management, and the St. Thomas Area Secondary Water Supply System Board of Management for the provision of operation, maintenance, and management services for the Elgin-Middlesex Pumping Station;

ii)           authorize the Mayor and the City Clerk to execute the Agreement, substantially in the form attached to this by-law, and satisfactory to the City Solicitor, and all documents required to fulfill its conditions; and,

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

it being noted that the Boards of Management for both Secondary Water Supply Systems are concurrently passing similar by-laws in order to enter into this Services Agreement.  (2017-E08)

3.

Water Technology Collaboration Agreement - University of Waterloo

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 May 24, 2017 as Appendix ‘A’ BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 to approve an Agreement with the University of Waterloo for collaboration on the Advanced Water Technologies Program.  (2017-E07)

4.

Increase in Engineering Fees - 2017 Infrastructure Renewal Program Contract - 14 Avalon Street

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to increasing the engineering fees for the 2017 Infrastructure Renewal Program Contract 14 Avalon Street:

a)         the engineering design fees for R.V. Anderson Associates Limited BE INCREASED in the amount of $77,492.00 from $208,450.00, excluding H.S.T., to a revised total of $285,942.00, excluding H.S.T.;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 24, 2017 as Appendix 'A';

c)         the consulting fees for the project BE IN ACCORDANCE with the estimate, on file, which are based upon the Fee Guideline for the Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 20.3(e) of the City of London’s Procurement of Goods and Services Policy; and,

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project.  (2017-T04)

5.

International Water Industry Position Statement on ‘Non-Flushable’ And ‘Flushable’ Labelled Products

That the following actions be taken with respect to the International Water Services Flushability Group and Canadian Water and Wastewater Association position statement on ‘non-flushable’ and ‘flushable’ labelled products:

a)            the International Water Services Flushability Group and Canadian Water and Wastewater Association position statements on ‘non-flushable’ and 'flushable’ labelled products BE ENDORSED; and,

b)            the Civic Administration BE REQUESTED to review and report back with respect to approaches to educate and communicate to the public with respect to what should and should not go into the waste treatment plants.  (2017-E07)

6.

Talbot Street Underpass

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated May 24, 2017, with respect to the Talbot Street Underpass, BE RECEIVED for information.  (2017-T04)

7.

Infrastructure Canada – Phase One Investments Public Transit Infrastructure Fund – Approved Projects

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with the concurrence of the Director, Financial Planning and Policy, the following actions be taken with respect to the execution of the Transfer Payment Agreement (TPA) for the Public Transit Infrastructure Fund (PTIF) Phase One (Ontario):

a)         the proposed by-law appended to the staff report date May 24, 2017 as Appendix 'A', BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017 to:

 i)         authorize and approve the Transfer Payment Agreement (TPA) for the Public Transit Infrastructure Fund (PTIF) Phase One (Ontario) between Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation for the Province of Ontario and The Corporation of the City of London, substantially in the form attached as Schedule A to the by-law and to the satisfaction of the City Solicitor; it being noted that the Province is currently finalizing the Agreement;

 ii)        authorize the Mayor and the City Clerk to sign the Transfer Payment Agreement authorized and approved in a) i), above; and,

 iii)       authorize the Managing Director, Corporate Services and City Treasurer and Chief Financial Officer, or designate, to execute any financial reports required as a condition of the Transfer Payment Agreement authorized and approved in a) i) above; and,

b)         the list of projects approved for funding under PTIF Phase One (Appendix ‘B’) BE RECEIVED for information; it being noted that the City of London, including London Transit, was approved for $74.3 million worth of projects, with $37.2 million of funding from the PTIF program; and,

c)         the Civic Administration BE AUTHORIZED to increase the 2016-2019 Multi-Year Capital Budget by $14.3 million (from $903.5 million to $917.8 million) to reflect projects that have been approved by the Federal Government related to the PTIF announcement; it being noted that $6.2 million in authorized but unissued debt will be cancelled as a result of recognizing PTIF funding.  (2017-T03)

9.

Pollution Prevention and Control Plan Phase lll - Consultant Appointment Continuation

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to award of Phase III of the Pollution Prevention and Control Plan:

a)         CH2M Hill Canada Limited BE APPOINTED Consulting Engineers for the preparation of Phase III of the Pollution Prevention and Control Plan, in the amount of $158,389.00, including 10% contingency, excluding H.S.T., and in accordance with Section 15.2(g) of the City of London’s 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 May 24, 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 approval 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-E05)

10.

 2017 Byron Baseline Infrastructure Renewal Project - Update

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated May 24, 2017, with respect to the Byron Baseline Infrastructure Renewal Project, BE RECEIVED for information.  (2017-T04)

11.

Deferred Matters List

That the Civic Works Committee Deferred Matters List, as of May 16, 2017, BE RECEIVED.

12.

Councillor V. Ridley - Absence from Meeting

That the communication dated May 17, 2017, from Councillor V. Ridley, with respect to her absence from the Civic Works Committee Meeting to be held May 24, 2017, BE RECEIVED.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (14)

8.

Contract Award: Tender No. 17-58 - Kiwanis Park Pathway Connection

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 a contract for the Kiwanis Park Pathway Connection between Trafalgar Street and Tweedsmuir Ave:

a)         the bid submitted by Dufferin Construction Company, at its submitted tendered price of $4,268,291.88, excluding H.S.T., BE ACCEPTED; it being noted that the bid submitted by Dufferin Construction Company was the lowest of five bids received and meets the City's specifications and requirements in all areas;

b)         AECOM Canada Ltd., BE AUTHORIZED to carry out the resident inspection, contract administration and record of site condition services for the said project in the amount of $614,652.50, excluding H.S.T., in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 24, 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 for the material to be supplied and the work to be done relating to this project (Tender 17-58); 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-L04)

Motion Passed

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

10th Report of the Planning and Environment Committee (continued)

Councillor T. Park presents.

3.

Old Victoria East Subdivision - South Parcel - 1691 Hamilton Road (39T-13502)

That, on the recommendation of the Manager, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Thames Village Joint Venture Corporation, for the subdivision of land over Part of Lot 8, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex; municipally known as 1691 Hamilton Road:

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Thames Village Joint Venture Corporation, for the Old Victoria East Subdivision, South Parcel (39T-13502) appended to the staff report dated May 23, 2017 as Schedule “A”, BE APPROVED;

b)         the applicant BE ADVISED that the Manager, Development Finance, has summarized the claims and revenues appended to the staff report dated May 23, 2017 as Schedule “B”;

c)         the financing for eligible works associated with 39T-13502 BE APPROVED as set out in the Source of Financing Report appended to the staff report dated May 23, 2017 as Schedule “C”;

d)         the Mayor and the City Clerk, in consultation with the Approval Authority, BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfil its conditions; and,

e)         the Approval Authority BE REQUESTED to consider minor adjustments to the draft approved plan and incorporate any additional appropriate clauses in the final Subdivision Agreement, if necessary, to address minor subdivision design modifications around Hydro One Networks Inc. (HONI) tower infrastructure.   (2017-D12)

4.

Foxhollow North Kent Subdivision - Phase 1 - 1388 Sunningdale Road West (39T-04510)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Foxwhollow North Kent Developments Inc., for the subdivisions of land over Part of Lot 23, Concession 5, (Geographic Township of London), City of London, County of Middlesex, situated on the north side of the Heard Drain, between Wonderland Road and Hyde Park Road, all on the south side of Sunningdale Road West, municipally known as 1388 Sunningdale Road West:

a)         the attached, revised, Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Foxhollow North Kent Developments Inc., for the Foxhollow North Kent Subdivision, Phase 1 (39T-04510) appended to the staff report dated May 23, 2017, as Schedule “A”, BE APPROVED; it being noted that subsection 25.11 (r) was amended by redirecting construction traffic to the site to Dalmagarry Road via Wateroak Drive and Sedgefield Row;

b)         the applicant BE ADVISED that the Director, Development Finance, has summarized the claims and revenues appended to the staff report dated May 23, 2017, as Schedule “B”; and,

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2017-D12)

5.

Building Division Monthly Report - March 2017

That the Building Division monthly report for the month of March, 2017 BE RECEIVED.   (2017-A23)

6.

Properties located at 345, 349 and 351 Ridout Street North - Demolition Request

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Chief Building Official be advised that the Municipal Council permits the demolition of the buildings known as 345 Ridout Street North, 349 Ridout Street North, and 351 Ridout Street North in the Downtown Heritage Conservation District pursuant to Section 42(1) of the Ontario Heritage Act subject to the following terms and conditions:

a)         prior to any demolition, measured drawings and photo documentation BE COMPLETED by the applicant and be submitted to Planning Services of the exterior of all existing buildings known as 341, 345, 349, 351, 355 and 359 Ridout Street North and 45 King Street appended to the staff report dated May 23, 2017 as Appendix A;

b)         prior to any demolition activity, a conservation plan satisfactory to the Chief Building Official BE PROVIDED by the applicant to ensure the protection and structural viability of the buildings remaining on site;

c)         the applicant BE REQUIRED to post a bond or provide a certificate of insurance as a guarantee that the buildings remaining on site will be protected during the demolition processes;

d)         the proposed project outlined in the Heritage Impact Assessment appended to the staff report dated May 23, 2017, as Appendix C, BE ENDORSED IN PRINCIPLE, and details be refined and submitted as part of a complete Heritage Alteration Permit application with approval authority delegated to the City Planner; and,

e)         the property owner BE ENCOURAGED to retain and interpret historic artifacts related to the histories of the subject properties;

it being noted that no individuals spoke at the public participation meeting associated with this matter.   (2017-R01)

7.

Outdoor Patios in Association with Craft Brewery and Artisan Workshop Establishments, McCormick Area Secondary Plan Amendments, 521 Burbrook Place and 1017-1021 Princess Avenue (O-8764)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Corporation of the City of London, relating to Outdoor Patios in association with Craft Brewery and Artisan Workshop establishments:

a)         the proposed by-law appended to the staff report dated May 23, 2017, as Appendix "A", BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017, to amend the Official Plan TO ADD policy to permit Outdoor Patios in association with Craft Brewery and Artisan Workshop establishments within Light Industrial areas of the City of London, subject to meeting locational criteria, through a Minor Variance;

b)         the proposed by-law appended to the staff report dated May 23, 2017, as as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017, to amend the McCormick Area Secondary Plan to change the designation of the subject lands located at 521 Burbrook Place and 1017-1021 Princess Avenue FROM a Low-Rise Residential designation TO a Mixed-Use designation and TO ADD policy to the McCormick Area Secondary Plan to permit Outdoor Patios in association with Craft Brewery and Artisan Workshop establishments within Industrial-Commercial and Mixed-Use areas of the City of London, subject to meeting locational criteria, through a Minor Variance;

c)         the communications from Taylor Holden and the Law of Averages and F. Smith, Roots Music Director, BE REFERRED to the June 6, 2017 Planning and Environment Committee to be considered with the staff report relating to music and dancing on patios;

it being pointed out that at the public participation meeting associated with this matter, 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 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,

·                     consistent with the McCormick Area Secondary Plan, the recommended amendment complements recent city-wide Zoning by-law amendments to introduce new definitions for Craft Brewery and Artisan Workshop establishments and identify zones in which they may be permitted.  (2017-D09)

11.

6th Report of the London Advisory Committee on Heritage

That the following action be taken with respect to the 6th Report on the London Advisory Committee on Heritage, from its meeting held on May 10, 2017:

a)            on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the application under section 42 of the Ontario Heritage Act to build a new front porch for the building located at 882 Lorne Avenue, within the Old East Heritage Conservation District, BE PERMITTED as described in the staff report dated May 10, 2017, subject to the following terms and conditions:

i)              a total of five full capped newel posts (of wood) – (2) at corners of the upper deck with (1) in between positioned over the lower deck column and (2) additional capped posts at bottom run on either side of porch stair;

ii)             a total of two capped partial newel posts (of wood) located at existing brick face wall at upper deck;

iii)            cornice eave and entablature profile and detailing constructed based on original porch;

iv)           wood lattice skirting beneath porch stairs;

v)            smooth wood columns with integral Tuscan capitals made of wood;

vi)           all exposed wood to be primed and painted; and,

vii)          the heritage alteration permit be displayed in a location visible from the street until the work is completed;

it being noted that the London Advisory Committee on Heritage received a presentation from L. Dent, Heritage Planner related to this matter;

b)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Chief Building Official BE ADVISED that the Municipal Council consents to the demolition of the buildings known as 345 Ridout Street North, 349 Ridout Street North and 351 Ridout Street North in the Downtown Heritage Conservation District pursuant to Section 42(1) of the Ontario Heritage Act, subject to the following terms and conditions:

i)              prior to any demolition, measured drawings and photo documentation be completed by the applicant and submitted to Planning Services of the exterior of all existing buildings known as 341, 345, 349, 351, 355 and 359 Ridout Street North and 45 King Street;

ii)             prior to any demolition activity, a conservation plan satisfactory to the Chief Building Official, be provided by the applicant to ensure the protection and structural viability of the buildings remaining on site;

iii)            the applicant be required to post a bond or provide a certificate of insurance as a guarantee that the buildings remaining on site will be protected during the demolition processes;

iv)           the proposed project outlined in the Heritage Impact Assessment, as appended to the staff report dated May 10, 2017, be endorsed in principle, and details be refined and submitted as part of a complete heritage alteration permit application, with approval authority delegated to the City Planner; and,

v)            the property owner be encouraged to retain and interpret historic artifacts related to the histories of the subject properties;

it being noted that the London Advisory Committee on Heritage received presentations from G. Gallagher, Nicholson Sheffield Architects Inc. and K. Gonyou, Heritage Planner, with respect to this matter;

c)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the heritage alteration permit application, pursuant to Section 42 of the Ontario Heritage Act, for the Blackfriars Bridge (2 Blackfriars Street) BE APPROVED subject to the following terms and conditions:

i)              photo and video documentation of the removal, rehabilitation and reinstatement of the Blackfriars Bridge be completed as a component of the bridge rehabilitation project and be submitted to Planning Services to contribute to the archival record of this important piece of civic infrastructure;

ii)             a protection plan be prepared and implemented as a component of the bridge rehabilitation project to ensure that heritage designated properities adjacent to the bridge rehabilitation project, including 9 Blackfriars Street, do not suffer adverse impact during the rehabilitation project;

iii)            the design of the pedestrian railing for the Blackfriars Bridge be refined in consultation with the Heritage Planner to retain as much of the original material as possible, while meeting current requirements of the Canadian Highway Bridge Design Code;

iv)           the Heritage Planner to provide a design that is compatible with the Blackfriars/Petersville Heritage Conservation District Plan;

v)            the design of the fencing/guards/hand railings along the Thames River within the project area for the Blackfriars Bridge rehabilitation be coordinated to match the designs for the West London Dyke Project;

vi)           the proposed Blackfriars Bridge monument/artifact be endorsed and be referred to the Culture Office for implementation;

vii)          the Highway Traffic Act signage on the bridge be minimized and all such signage and lighting be sympathetic to the on-site and neighbouring heritage resources; and,

viii)         the vehicular/cyclist guardrail design be more sympathetic to the bridge design to reduce obtrusiveness, including the colour and the material thickness;

it being noted that the London Advisory Committee on Heritage (LACH) recommends that, recognizing that the existing railing does not meet the requirements of the current Canadian Highway Bridge Design Code, as much of the existing pedestrian railing be retained as possible and that alteration to the lattice detailing, particularly its openings, would have an adverse impact on this heritage attribute of the Blackfriars Bridge;

it being further noted that the LACH received a presentation from C. Haines and C. McQueen, Dillon Consulting Ltd., with respect to this matter;

d)         the Civic Administration BE DIRECTED to research the feasibility of publishing individual grants given by the London Endowment for Heritage Fund in the future; it being noted that the London Advisory Committee on Heritage received a communication from L. Runciman, London Community Foundation, dated April, 2017, with respect to this matter;

e)         the Municipal Council BE ADVISED that the London Advisory Committee on Heritage recommends that the vacancy rebate program be eliminated, particularly as it relates to heritage listed and heritage designated properties;

f)         consideration of the London Advisory Committee on Heritage (LACH) Terms of Reference BE DEFERRED to the June meeting of the LACH for further discussion;

g)         the Civic Administration BE REQUESTED to research the feasibility of placing a "stop work order" on the demolition of the property located at 660 Sunningdale Road East as the property is listed on the Inventory of Heritage Resources; it being noted that a submission from K. Gonyou and L. Dent, Heritage Planners, with respect to various updates and events, was received; and,

h)         clauses 1, 5 to 9 and 11, BE RECEIVED.

Motion Passed

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

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor S. Turner disclosed a pecuniary interest in clause 16 of this Report having to do with clause 8 of the 2nd Report of the Advisory Committee on the Environment relating to the review of impacts from industrial sources (focus on odour) and potential municipal actions, by indicating that his employer has a regulatory role in this matter.

Motion made by Councillor T. Park and seconded by Councillor J. Helmer to Approve that clause 1 be amended to read as follows:

 “That it BE NOTED that Councillor S. Turner disclosed a pecuniary interest in clause 2 of this Report having to do with clause 8 of the 6th Report of the Advisory Committee on the Environment relating to the review of impacts from industrial sources (focus on odour) and potential municipal actions, by indicating that this employer has a regulatory role in this matter.”

Motion Passed

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

2.

6th Report of the Advisory Committee on the Environment

That the 6th Report of the Advisory Committee on the Environment from its meeting held on May 3, 2017 BE RECEIVED.

Motion Passed

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

RECUSED: S. Turner (1)

9.

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

That, the following actions be taken with respect to the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official’s proposed revisions to the draft Sign By-law and proposed amendments to the current Sign & Canopy By-law:

a)            the attached, revised, proposed Sign By-law (Appendix “C”) BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017; it being noted that the Sign By-law was amended to include the Old East Village Business Improvement Area as a Special District and to require digital signs to be up to 33 square metres to comply with the Industry standard; and,

b)            the amendment to the Sign and Canopy By-law S.-3775-94 (Appendix “D”) BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.  (2017-C01)

Motion made by Councillor T. Park and seconded by Councillor J. Helmer to Approve that clause 9 be amended in part b) to read as follows:

“b)       the amendment to the Sign and Canopy By-law S.-3775-94, appended as Appendix “D” to the staff report dated May 23, 2017, BE INTRODUCED at the Municipal Council meeting to be held on May 30, 2017;”.

Motion Passed

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

Motion made by Councillor T. Park and seconded by Councillor H.L. Usher to Approve clause 9, as amended.

Motion Passed

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

IX

ADDED REPORTS

1.

Disclosure of Pecuniary Interest

3.

Update on Service Review Initiatives

4.

Growing London’s Film and Multi-Media Industry

5.

London Music Industry Initiative Pilot

7.

Improving Collaboration with Local Boards and Commissions

8.

London Hydro Inc. - 2016 Annual Meeting of the Shareholder - Annual Resolutions

That, on the recommendation of the City Manager, the by-law included in the staff report dated May 29, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held May 30, 2017 to:

a)         ratify and confirm the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “A” to the by-law appended to the staff report dated May 29, 2017; and

b)         authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of London Hydro Inc. attached as Schedule “A” to the by-law;

it being noted that the Strategic Priorities and Policy Committee (SPPC) received a presentation, as appended to the SPPC Agenda, from M. Mathur, Board Chair and V. Sharma, Chief Executive Officer, with respect to London Hydro Inc.

9.

Special Events Policy and Procedure Manual – Potential for Reinstatement of Penalties and Procedure Changes

10.

London & Middlesex Housing Corporation

That the following actions be taken with respect to the London & Middlesex Housing Corporation Board of Directors:

a)         Larry Ducharme BE APPOINTED to the London & Middlesex Housing Corporation Board of Directors for the term ending November 30, 2019;

b)         Cavita Meetun BE APPOINTED to the London & Middlesex Housing Corporation Board of Directors for the term ending November 30, 2019;

c)         Mark F. Rosehart BE APPOINTED to the London & Middlesex Housing Corporation Board of Directors for the term ending November 30, 2017;

d)         the submission dated May 25, 2017 from Darren Chapman resigning his appointment to the London and Middlesex Housing Corporation, and the communication dated January 26, 2017, from the London & Middlesex Housing Corporation outlining the preferred qualifications, skills and abilities BE RECEIVED;

it being noted that the above individuals were appointed in accordance with the attached ranked ballot.

2.

Strategic Plan: Semi-Annual Progress Report

Motion Passed

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

NAYS: P. Squire (1)

Motion made by Councillor P. Hubert and seconded by Councillor J. Morgan to Approve clause 2, as amended.

Motion Passed

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

NAYS: P. Squire (1)

Motion made by Councillor P. Hubert to Approve clause 6.

6.

Consultations Regarding Arrangements for the City of London to Become a Sanctuary City

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the staff report dated May 29, 2017 on the consultations regarding appropriate arrangements for the City of London to become a Sanctuary City, BE RECEIVED for information.

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve that clause 6 be referred for consideration in 2019.

Motion Lost

YEAS: M. van Holst, H.L. Usher (2)

NAYS: M. Brown, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

Motion Passed

YEAS: M. Brown, B. Armstrong, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (10)

NAYS: M. van Holst, P. Squire, H.L. Usher (3)

At 9:37 PM Councillors P. Hubert and T. Park leave the meeting.

At 9:41 PM Councillor T. Park enters the meeting.

16th Public Report of the Council In Closed Session

Councillor S. Turner presents.

Motion made by Councillor S. Turner to Approve clause 3.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher (11)

RECUSED: T. Park (1)

Motion made by Councillor S. Turner to Approve clause 1.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

RECUSED: J. Morgan (1)

Motion made by Councillor S. Turner to Approve clause 2.

Motion Passed

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

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

Motion made by Councillor H.L. Usher and seconded by Councillor M. van Holst 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 appoint Councillor Anna Hopkins as Acting Mayor from May 31, 2017 until the morning of Saturday, June 3, 2017, at which time Mayor Matt Brown will resume his duties.

Motion Passed

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

Motion made by Councillor H.L. Usher and seconded by Councillor M. van Holst to Approve that pursuant to section 2.5 of the Council Procedure By-law, Councillor Anna Hopkins be appointed Acting Mayor from May 31, 2017 until the morning of Saturday, June 3, 2017, at which time Mayor Matt Brown will resume his duties..

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

NAYS: V. Ridley (1)

At 9:47 PM His Worship the Mayor resumes the Chair and Councillor A. Hopkins takes her seat at the Council Board.

XIII

BY-LAWS

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

Motion made by Councillor S. Turner and seconded by Councillor M. van Holst to Approve Introduction and First Reading of Bill No.’s  218 to 248, excluding Bill No.’s 227, 231, 246 and 247.

Motion Passed

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

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Second Reading of Bill No.’s 218 to 248, excluding Bill No.’s 227, 231, 246 and 247.

Motion Passed

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

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No.’s 218 to 248, excluding Bill No.’s 227, 231, 246 and 247.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No. 231.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

NAYS: J. Morgan (1)

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Second Reading of Bill No. 231.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

NAYS: J. Morgan (1)

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 231.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

NAYS: J. Morgan (1)

Motion made by Councillor M. van Holst and seconded by Councillor A. Hopkins to Approve Introduction and First Reading of Bill No. 246.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher (11)

RECUSED: T. Park (1)

Motion made by Councillor M. van Holst and seconded by Councillor S. Turner to Approve Second Reading of Bill No. 246.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher (11)

RECUSED: T. Park (1)

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Third Reading and Enactment of Bill No. 246.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher (11)

RECUSED: T. Park (1)

Motion made by Councillor S. Turner and seconded by Councillor A. Hopkins to Approve Introduction and First Reading of Bill No. 247.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

RECUSED: J. Morgan (1)

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No. 247.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

RECUSED: J. Morgan (1)

Motion made by Councillor M. van Holst and seconded by Councillor A. Hopkins to Approve Third Reading and Enactment of Bill No. 247.

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (11)

RECUSED: J. Morgan (1)

Bill No. 218

By-law No. A.-7564-167

A by-law to confirm the proceedings of the Council Meeting held on the 30^th day of May, 2017. (City Clerk)

Bill No. 219

By-law No. A.-7565-168

A by-law levying rates for 2017 for school purposes in the City of London. (2/17/CSC)

Bill No. 220

By-law No. A.-7566-169

A by-law to exclude reassessment related tax increases after 2016 from the capping provisions of Part IX of the Municipal Act, 2001. (2/17/CSC)

Bill No. 221

By-law No. A.-7567-170

A by-law to exercise the option to establish a phase out and end to the capping of property taxes under Part IX of the Municipal Act, 2001 for eligible property classes. (2/17/CSC)

Bill No. 222

By-law No. A.-7568-171

A By-law to authorize a Services Agreement between Ontario Clean Water Agency and The Corporation of the City of London, the Aylmer Area Secondary Water Supply System Board of Management, and the St. Thomas Secondary Water Supply System Board of Management for the operation, maintenance, and management of the Elgin-Middlesex Pumping Station; and to authorize the Mayor and City Clerk to execute the Agreement. (2/10/CWC)

Bill No. 223

By-law No. A.-7569-172

A By-law to authorize an Agreement between The Corporation of the City of London and The University of Waterloo; and to authorize the Mayor and City Clerk to execute the Agreement. (3/10/CWC)

Bill No. 224

By-law No. A.-7570-173

A by-law to authorize and approve the Transfer Payment Agreement between Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation for the Province of Ontario and The Corporation of the City of London; and to authorize the Mayor and the City Clerk to execute the Agreement. (7/10/CWC)

Bill No. 225

By-law No. A.-7571-174

A By-law to approve a Software and Services Agreement between The Corporation of the City of London and Sysco Canada, Inc., a Subscription Service Agreement with SureQuest Systems, Inc. and Sysco Canada, Inc., and a Business Associate Agreement with SureQuest Systems, Inc. (7/6/CPSC)

Bill No. 226

By-law No. A.-7572-175

A By-law to authorize a Grant Agreement between The Corporation of the City of London and London Optimist Sports Centre and to authorize the Mayor and City Clerk to execute the Agreement. (19/6/CPSC)

Bill No. 227

By-law No. CPOL.-_____

REFERRED BACK

A By-law to adopt a Policy for Publicly Releasing Enforcement Information. (4/6/CPSC)

Bill No. 228

By-law No. C.P.-1284(sx)-177

A by-law to amend the Official Plan for the City of London, 1989 relating to all lands in the City of London designated Light Industrial. (7a/10/PEC)

Bill No. 229

By-law No. C.P.-1284(sy)-178

A by-law to amend the Official Plan for the City of London, 1989 as it relates to the McCormick Area Secondary Plan. (7b/10/PEC)

Bill No. 230

By-law No. C.P.-1284(sz)-179

A by-law to amend the Official Plan for the City of London, 1989 relating to 420 Fanshawe Park Road East. (10a/10/PEC)

Bill No. 231

By-law No. E.-184-180

A by-law to redivide the wards in the City of London and to repeal By-law A.-6363-179 being “A by-law to redivide the wards in the City of London”. (4/19/CSC)

Bill No. 232

By-law No. L.S.P.-3463-181

A By-law to expropriate lands in the City of London, in the County of Middlesex, for the Western Road Widening and Improvements Project between Oxford Street West and Platt’s Lane. (6/27/CSC-2016)

Bill No. 233

By-law No. S.-3775(r)-182

A By-law to amend By-law No. S.-3775-94, as amended, entitled “A by-law prohibiting and regulating signs and other advertising devices, and regulating the placing of signs and canopies upon highways.” (9/10/PEC)

Bill No. 234

By-law No. S.-5868-183

A By-law prohibiting and regulating signs, and regulating the placing of signs upon highways and buildings. (9/10/PEC)

Bill No. 235

By-law No. S.-5869-184

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Hyde Park Road, north of Gainsborough Road and as widening to Gainsborough Road, west of Hyde Park Road) (Chief Surveyor - pursuant to SP15-036376 and in accordance with Zoning By-law Z-1)

Bill No. 236

By-law No. S.-5870-185

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Dingman Drive, east of Wellington Road South) (Chief Surveyor - pursuant to SP04-116571 and in accordance with Zoning By-law Z-1)

Bill No. 237

By-law No. S.-5871-186

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Talbot Street, north of Piccadilly Street) (Chief Surveyor - due to an oversight in 2007)

Bill No. 238

By-law No. S.-5872-187

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening Wonderland Road North at Beaverbrook Avenue) (Chief Surveyor - pursuant to a deferred widening agreement registered as ER670270)

Bill No. 239

By-law No. S.-5873-188

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (to be known as Dennis Avenue) (Chief Surveyor - Civic Administration has agreed to extend Dennis Avenue approximately 21 metres easterly in order to provide the owner of 84 Dennis Avenue with legal frontage on a public road allowance thus enabling them to obtain a building permit for a single residential dwelling in compliance with the existing zoning. Development Services, Transportation Division and Parks Planning are all in agreement with the extension of Dennis Avenue and all costs related to the extension have been paid for by the property owner.)

Bill No. 240

By-law No. W.-5584(b)-189

A by-law to amend by-law No. W.-5584-183, as amended, entitled, “A by-law to authorize the SWM Facility Dingman Creek North Lambeth No. P9. (Project No. ESSWM-DCNLP9)” (6/9/PEC)

Bill No. 241

By-law No. W.-5330(b)-190

A by-law to amend by-law No. W.-5330-17, as amended, entitled, “A by-law to authorize the the SWM Facilities – Fox Hollow 3 (Project No. ES3020-FH3)” (4/9/CWC)

Bill No. 242

By-law No. W.-5623-191

A by-law to authorize the Minor Roadworks On Arterials. (Project No. TS1651) (3/9/PEC)

Bill No. 243

By-law No. W.-5624-192

A by-law to authorize the Road Class Oversizing. (Project No. TS1371) (3/9/PEC)

Bill No. 244

By-law No. W.-5625-193

A by-law to authorize the Clarke Road Widening VMP Extension to Fanshawe Park Road. (Project No. TS1476) (9/9/CWC)

Bill No. 245

By-law No. Z.-1-172582

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 420 Fanshawe Park Road East. (10b/10/PEC)

Bill No. 246

By-law No. A.-7573-194

(ADDED) A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Medallion Developments (Victoria) Limited, for the sale of a portion of property located at 391 South Street, in the City of London, and to authorize the Mayor and the City Clerk to execute the Agreement.

(C-1/12/SPPC)

Bill No. 247

By-law No. A.-7574-195

(ADDED) A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Western Maple Bio Resources Inc., for the sale of the City owned industrial land described as Lots 3 and 4, Plan 33M251, in the City’s Trafalgar Industrial Park, in the City of London, and to authorize the Mayor and the City Clerk to execute the Agreement. (C-1/19/CSC)

Bill No. 248

By-law No. A.-7575-196

(ADDED) A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and 2448622 Ontario Corporation, for the sale of the City owned industrial land described as Part 1 & Part 2, Plan 33R-18405 and being Part of Part 4 and Part of Part 8, Plan 33R-18258, in the City’s Innovation Park, in the City of London, and to authorize the Mayor and the City Clerk to execute the Agreement. (C-2/19/CSC)

XIV

ADJOURNMENT