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Council

MINUTES

10TH MEETING

 

 

March 21, 2017

 

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

 

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

 

ABSENT:  Councillors J. Morgan and T. Park.

 

ALSO PRESENT:  M. Hayward, G. Belch, B. Card, C. Cogghe, B. Coxhead, M. Daley, S. Datars Bere, J.M. Fleming, K. Graham, G. Kotsifas, L. Livingstone, V. McAlea Major, D. Popadic, M. Ribera, L. Rowe, K. Scherr, S. Spring, B. Warner, and B. Westlake-Power.

 

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

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor P. Hubert discloses a pecuniary interest in clause 9 of the 5th Report of the Planning and Environment Committee, together with the related Bill No. 131, both having to do with a city-wide Zoning By-law amendment pertaining to craft breweries and artisan workshops, by indicating that he is the Executive Director of a social service agency that will be opening a non-profit woodshop that would benefit from the Zoning By-law amendment.

 

Councillor P. Squire discloses a pecuniary interest in clause 4 of the 5th Report of the Planning and Environment Committee, together with the related Bill No. 128, both having to do with property located at 259 Sunningdale Road West, by indicating that he is a member of the Sunningdale Golf Club.

 

II

RECOGNITIONS

 

Councillor J. Zaifman enters the meeting at 4:08 PM.

 

1.

His Worship the Mayor presents a plaque to Christie Cogghe for her contribution to the Federation of Canadian Municipalities' (FCM) International Programs

 

The Municipal Council acknowledged the United Nations Day for the Elimination of Racial Discrimination.

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

Motion made by Councillor M. Cassidy and seconded by Councillor P. Hubert to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

 

a)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the implementation of audio recording of Municipal Council, Standing Committees in closed session meetings. (C1/11/CSC)

 

b)

A matter pertaining to litigation or potential litigation with respect to the expropriation of a property located at 1175 Hyde Park Road, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the expropriation of a property located at 1175 Hyde Park Road and directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation in connection with the expropriation of a property located at 1175 Hyde Park Road. (C2/11/CSC)

 

Motion Passed

 

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

 

The Council rises and goes into the Council, in Closed Session, at 4:21 PM, with Mayor M. Brown in the Chair and all Members present except Councillors J. Morgan, S. Turner and T. Park.

 

Councillor S. Turner enters the meeting at 4:48 PM.

 

Councillor J. Zaifman leaves the meeting at 4:50 PM.

 

The Council, In Closed Session, rises at 5:18 PM and Council reconvenes at 5:20 PM, with Mayor M. Brown in the Chair and all Members present except Councillors J. Morgan, H.L. Usher, T. Park and J. Zaifman.

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE NINTH MEETING HELD ON MARCH 2, 2017

 

Motion made by Councillor B. Armstrong and seconded by Councillor J. Helmer to Approve the Minutes of the Ninth Meeting held on March 2, 2017.

 

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 (11)

 

VI

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor M. Cassidy and seconded by Councillor M. van Holst to Approve receipt and referral of the following communications, as noted on the Agenda:

 

1.

Michael E. Schultz, Fred Astaire Dance Studios Canada - Elimination of Parking Spots from Dufferin to Horton on Colborne

 

(Refer to the Civic Works Committee Stage for Consideration with Clause 9 of the 5th Report of the Civic Works Committee)

 

2.

Jim Anderson, Director, Anderson Craft Ales - City Wide Amendments (Z-8703)

 

(Refer to the Planning and Environment Committee Stage for Consideration with Clause 9 of the 5th Report of the Planning and Environment Committee)

 

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 (11)

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

VIII

REPORTS

 

 

11th Report of the Corporate Services Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 6, 8 to 11, 15 and 16.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

City of London Community Suite - Fanshawe Foundation Request

 

That, on the recommendation of the City Clerk, and notwithstanding Council Policy 22(3) – City of London Community Suite Policy, pertaining to the use of the Community Suite for private events, the request from the Fanshawe Foundation to have use of the Community Suite for its 50th Year Celebration Event on September 9, 2017 BE APPROVED; it being noted that the Fanshawe Foundation will be required to meet all insurance, deposit, and administrative requirements outlined in the policy.

 

3.

Mayors of Southwest Ontario (MOSO) Update

 

That, on the recommendation of the Director, Community & Economic Innovation, the staff report dated March 6, 2017 entitled “Mayors of Southwest Ontario (MOSO) – Update”, BE RECEIVED for information.

 

4.

Asset Review: Sale of Major Assets Policy and Future Asset Review Timelines (Relates to Bill No.121)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager the following actions be taken with respect to the proposed “Sale of Major Assets Policy”:

 

a)         the proposed by-law appended to the staff report dated March 7, 2017  BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to approve and adopt a new Council policy entitled “Sale of Major Assets Policy”; and,

 

b)         the timelines for future reviews of municipal assets as identified in Appendix “B” to the staff report dated March 7, 2017, BE ENDORSED; it being noted that the Managing Director, Corporate Services & City Treasurer, Chief Financial Officer will be responsible for initiating future updates; and,

 

c)         the City Treasurer BE DIRECTED to report back annually with respect to the disposition(s) of surplus lands/assets, including details of the proceeds and allocations of said proceeds.

 

5.

Old East Village Business Improvement Area - 2017 Proposed Budget - Municipal Special Levy (Relates to Bill No.113)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the following actions be taken with respect to the Old East Village Business Improvement Area:

 

a)         the Old East Village Business Improvement Area proposed 2017 budget submission in the amount of $217,488, as outlined in Schedule “A” to the staff report dated March 7, 2017, BE APPROVED;

 

b)         the amount to be raised by The Corporation of the City of London for the 2017 fiscal year for the purposes of the Old East Village Business Improvement Area and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at $15,781;

 

c)         a special charge BE ESTABLISHED for the amount referred to in part b), above,  by a levy in accordance with By-law CP-1, as amended; it being noted that the special charge shall have priority lien status and shall be added to the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001; and

 

d)         the by-law included as Schedule “B” to the staff report dated March 7, 2017, with respect to municipal special levy for the Old East Village Business Improvement Area, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017.

 


 

6.

London Downtown Business Association - 2017 Proposed Budget - Municipal Special Levy (Relates to Bill No.114)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the following actions be taken with respect to the London Downtown Business Association:

 

a)         the London Downtown Business Association proposed 2017 budget submission in the amount of $1,793,833, as outlined in Schedule “A” to the staff report dated March 7, 2017, BE APPROVED;

 

b)         the amount to be raised by The Corporation of the City of London for the 2017 fiscal year for the purposes of the London Downtown Business Association and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at $1,877,833;

 

c)         a special charge BE ESTABLISHED for the amount referred to in part b), above, by a levy in accordance with By-law CP-2, as amended; it being noted that the special charge shall have priority lien status and shall be added to the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001; and

 

d)         the by-law included as Schedule “C” to the staff report dated March 7, 2017, with respect to municipal special levy for the London Downtown Business Improvement Area, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017.

 

8.

Reserve Funds Housekeeping - Woodland Acquisition and Management Reserve Fund (Relates to Bill No.116)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the proposed by-law included as Appendix B to the staff report dated March 7, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to establish the Woodland Acquisition and Management Reserve Fund and to repeal and replace By-law A.-5638-98, entitled “A by-law to establish the Woodlot/Parkland Acquisition Reserve Fund”.

 

9.

Reserve Funds Housekeeping - Parkland Acquisition Reserve Fund (Relates to Bill No.117)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the proposed by-law included as Appendix B to the staff report dated March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to establish the Parkland Reserve Fund and to repeal and replace By-law A.-4968-17, entitled “A by-law to establish a reserve fund for Parklands”.

 

10.

Reserve Fund Housekeeping - Community Investment Reserve Fund (Relates to Bill No.118)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the proposed by-law included as Appendix A to the staff report dated March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to establish a Community Investment Reserve Fund.

 

11.

Amendment to Council Policy Pertaining to "Accounts Receivable and Collections Policy" (Relates to Bill No.122)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the proposed by-law included as Appendix “A” to the staff report dated March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to repeal By-law No. CPOL.-2-27 and to adopt a new Council Policy entitled “Accounts Receivable and Collections Policy”.

 

15.

Ombudsman Investigation Letter

 

That the communication dated March 1, 2017 from M. Bird, Counsel, Ombudsman Ontario, regarding a complaint received with respect to the City of London’s decision to move City services to Citi Plaza, and the in-camera discussion about the move, BE RECEIVED.

 

16.

Canadian Coalition of Municipalities Against Racism and Discrimination

 

That the application of Councillor H.L. Usher to the Canadian Coalition of Municipalities Against Racism and Discrimination (CCMARD) for its two-year pilot project of an Advisory Committee for the organization, BE SUPPORTED by the Municipal Council; it being noted that there are no anticipated costs for the municipality related to membership on this Advisory Committee.

 

Councillor H.L. Usher enters the meeting at 5:22 PM.

 

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 (12)

 

Motion made by Councillor P. Hubert to Approve clause 7.

 

7.

Argyle Business Improvement Area - 2017 Proposed Budget - Municipal Special Levy (Relates to Bill No.115)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the following actions be taken with respect to the Argyle Business Improvement Area:

 

a)         the Argyle Business Improvement Area proposed 2017 budget submission in the amount of $170,728 as outlined in Schedule “A” to the staff report dated March 17, 2017, BE APPROVED;

 

b)         the amount to be raised by The Corporation of the City of London for the 2017 fiscal year for the purposes of the Argyle Business Improvement Area and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at $144,496;

 

c)         a special charge BE ESTABLISHED for the amount referred to in part b), above, by a levy in accordance with By-law A.-6873-292, as amended; it being noted that the special charge shall have priority lien status and shall be added to the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001; and,

 

d)         the by-law included as Schedule “B” to the staff report dated March 7, 2017, with respect to municipal special levy for the Argyle Business Improvement Area, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017.

 

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 (12)

 

Motion made by Councillor P. Hubert to Approve clause 12.

 

12.

Procurement of Goods and Services Policy Revision (Relates to Bill No.119)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the proposed by-law included as Appendix “A” to the staff report dated March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Schedule “C” to By-law No. A.--6151-17, being “A by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency and delegation of powers and duties as required under section 270(1) of the Municipal Act, 2001”.

 


 

Motion made by Councillor P. Hubert and seconded by Councillor J. Helmer to Approve that clause 12 be amended to read as follows:

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and Acting City Manager, the proposed attached revised by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Schedule “C” to By-law No. A.-6151-17, being “A by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency and delegation of powers and duties as required under section 270(1) of the Municipal Act, 2001”.

 

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 (12)

 

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve clause 12, as amended.

 

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 (12)

 

Motion made by Councillor P. Hubert to Approve clause 13.

 

13.

2016 Statement of Remuneration and Expenses - Elected and Appointed Officials

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, the following actions be taken with respect to the reporting of the remuneration and expenses of elected and appointed officials:

 

a)         the report of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & Acting City Manager, dated March 7, 2017, entitled “2016 Statement of Remuneration and Expenses Elected and Appointed Officials”, BE RECEIVED;

 

b)         in accordance with Section 284 of the Municipal Act, 2001, the Statement of Remuneration and Expenses for Elected and Appointed Officials included as Appendix “A” and Appendix “B”, respectively, to the staff report dated March 7, 2017, BE RECEIVED for information; and

 

c)         in accordance with the Travel and Business Expenses Policy, the Statement of Travel Expenses for Senior Administrative Officials Boards and Commissions and Senior Administrative Officials, included as Appendix “C” and Appendix “D”, respectively, to the staff report dated March 7, 2017, BE RECEIVED for information.

 

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve that part b) be amended to read as follows:

 

“b)       in accordance with Section 284 of the Municipal Act, 2001, the Statement of Remuneration and Expenses for Elected and Appointed Officials included as Appendix “A” to the staff report dated March 7, 2017 and the attached revised Appendix “B”, BE RECEIVED for information;”.

 

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 (12)

 

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve clause 13, as amended.

 

Motion Passed

 

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

 

Motion made by Councillor J. Helmer to Approve clause 14.

 

14.

Audio Recording of Municipal Council and Standing Committees in Closed Session Meetings

 

That the Ontario Ombudsman BE REQUESTED to advocate for increased protections for municipalities, similar to those provided in other jurisdictions, for municipalities who wish to record their in camera/closed session meetings; it being noted that the Corporate Services Committee received a report entitled “Audio Recording of Municipal Council and Standing Committees In Closed Session Meetings”. 

 

Motion made by Councillor M. Salih and seconded by Councillor S. Turner to Approve that clause 14 be amended add a new part to direct the introduction of the proposed by-law included as Appendix “A” to the staff report dated March 7, 2017 at the Municipal Council meeting to be held on March 21, 2017, to adopt a new Council Policy with respect to the audio recording of Municipal Council and Standing Committee closed meetings.

 

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher to Approve that the matter of audio recording of Municipal Council and Standing Committee closed meetings BE REFERRED to the Civic Administration, in order for the City Solicitor and the Managing Director, Corporate Services and Chief Human Resources Officer to report back in public session with respect to this matter. 

 

At 5:47 PM HIs Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

 

At 5:49 PM, His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

 

The motion to Refer is put.

 

Motion Failed

 

YEAS: M. van Holst, B. Armstrong, P. Hubert, A. Hopkins, H.L. Usher (5)

 

NAYS: M. Brown, M. Salih, J. Helmer, M. Cassidy, P. Squire, V. Ridley, S. Turner (7)

 

At 5:57 PM, His Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

 

At 6:04 PM, His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

 

The motion to Amend clause 14 by adding a new part to introduce a by-law to provide for the audio recording of closed meetings is put.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, M. Salih, J. Helmer, M. Cassidy, P. Squire, V. Ridley, S. Turner (8)

 

NAYS: B. Armstrong, P. Hubert, A. Hopkins, H.L. Usher (4)

 

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve that clause 14 be further amended to include a direction for the Civic Administration to advocate to the Province of Ontario, and to the Ontario Ombudsman, with respect to potential legislative changes for increased protections for municipalities, similar to those provided in other jurisdictions, for municipalities who wish to record closed session meetings.

 

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 (12)

 

Motion made by Councillor J. Helmer and seconded by Councillor M. Cassidy to Approve clause 14, as amended.

 

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 (12)

 

Clause 14, as amended, reads as follows:

 

That the following actions be taken with respect to the audio recording of Municipal Council and Standing Committee closed meetings:

 

a)             the Province of Ontario BE REQUESTED to increase protections for municipalities, similar to those provided in other jurisdictions, for municipalities who wish to record their in camera/closed session meetings;

 

b)             the Ontario Ombudsman BE REQUESTED to advocate for the protections noted in a), above; it being noted that the Corporate Services Committee received a staff report dated March 7, 2017 entitled “Audio Recording of Municipal Council and Standing Committees In Closed Session Meetings”; and

 

c)             the proposed by-law included as Appendix “A” to the staff report dated March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017, to adopt a new Council Policy with respect to the audio recording of Municipal Council and Standing Committee closed meetings.

 

Motion made by Councillor P. Hubert to Approve clause 17.

 

17.

Start Time of Corporate Services Committee Meetings

 

That the City Clerk BE DIRECTED to bring forward the necessary amendments to the Council Procedure By-law A-50, as amended, to amend the start time for future regularly scheduled meetings of the Corporate Services Committee to 12:30 PM, instead of the current 12:00 PM.

 

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 (12)

 

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

 

Motion Passed

 

The Council recesses at 6:31 PM and reconvenes at 7:18 PM with Mayor M. Brown in the Chair and all Members present except Councillors J. Morgan, T. Park, M. Salih and J. Zaifman.

 

 

5th Report of the Civic Works Committee

Councillor M. van Holst presents.

 

Motion made by Councillor M. van Holst to Approve clauses 1 to 12, excluding clause 9.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

4th Report of the Rapid Transit Implementation Working Group

 

That the 4th Report of the Rapid Transit Implementation Working Group from its meeting held February 9, 2017, BE RECEIVED; it being noted the Civic Works Committee received the 4th Report of the Rapid Transit Implementation Working Group at its meeting held February 21, 2017.

 

3.

Draft Coloured Crosswalk Policy Update (Relates to Bill No. 120)

 

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 March 7, 2017 BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to establish a Coloured Crosswalk Policy.  (2017-T06)

 

4.

Contract Award: Tender No. 17-09 - 2017 Infrastructure Renewal Program - Baseline Road East, Sylvan Street, Balderstone Avenue and Percy Street Reconstruction Project

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contracts for the 2017 Infrastructure Renewal Program, Base Line Road E, Sylvan Street, Balderstone Avenue, Percy Street Reconstruction Project:

 

a)         the bid submitted by Blue Con Construction (Blue-Con), at its tendered price of $4,336,540.97, excluding H.S.T., for the 2017 Infrastructure Renewal Program Contract 9, Base Line Road East, Sylvan Street, Balderstone Avenue, Percy Street Reconstruction Project, BE ACCEPTED; it being noted that the bid submitted by Blue-Con Construction was the lowest of eight bids received and meets the City's specifications and requirements in all areas;

 

b)         AECOM Canada Ltd. (AECOM), BE AUTHORIZED to carry out the resident inspection and contract administration for the above-noted project in accordance with the estimate, on file, at an upset amount of $314,070.00, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy; it being noted that this firm completed the engineering design for the project;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated March 7, 2017;

 

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

 

e)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 17-09); 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-F18)

 

5.

Highway 401 Emergency Detour Routes

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Highway 401 Emergency Detour Routes (EDRs), within the City of London:

 

a)         the proposed revisions to the Highway 401 Emergency Detour Routes (EDR 401 – Interchange 177 to 186 and EDR 401 – Interchange 189 to 194) as included in the staff report dated March 7, 2017, BE SUPPORTED by Municipal Council; and,

 

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these revisions.  (2017-P03)

 

6.

Results of Pilot Project-Curbside Collection of Christmas Trees for Composting and Recommended Next Steps

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the collection and diversion of Christmas trees:

 

a)         the results of the curbside collection and diversion of Christmas trees pilot project BE RECEIVED for information;

 

b)         the following actions, effective January 2018, BE APPROVED:

 

i)          Christmas trees and other yard waste be collected curbside as part of one Green Week starting on the first Monday after the holiday garbage pickup exemption period and ending on the Saturday of that week (the dates in 2018 will be January 8 to 13);

 

ii)         EnviroDepots be opened for 3 additional days to provide increased access to drop off Christmas trees, recyclable materials and excess garbage ($1.50 per bag) accumulated during the longer collection cycles over the holiday period;

 

iii)         funding for the services in parts i) and ii) above ($60,000.00 per year), be allocated from the Waste Diversion Services Strategic Investment approved as part of the Multi-year budget for 2018 and beyond; it being noted that $200,000.00 per year has been previously approved; and,

 

iv)        Forestry Services continue with the higher value tree maintenance activities for the budget previously used to manage Christmas trees;

 

c)         the Civic Administration BE DIRECTED to prepare the necessary amendments to the Municipal Waste and Resource Materials Collection By-law (WM-12) to facilitate curbside collection of Christmas trees and other yard waste as part of the above-noted one Green Week; and,

 

d)         the Civic Administration BE AUTHORIZED to undertake all other administrative acts that are necessary in connection with this matter.  (2017-E07)

 

7.

Contract Award: 2017 Watermain Cleaning and Structural Lining Tender 16-105

 

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 contract for the 2017 Watermain Cleaning and Structural Lining Project (Tender 16-105):

 

a)         the bid submitted by Aquarehab (Canada) Inc., at its tendered price of $5,438,404.00, excluding H.S.T., for the 2017 Watermain Cleaning and Structural Lining Program, BE ACCEPTED; it being noted that the bid submitted by Aquarehab (Canada) Inc. was the lowest of two bids received and meets the City's specifications and requirements in all areas and that this is the first year of a three year contract, where the City has the sole discretion to renew the contract for two additional years based on price and performance;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated March 7, 2017;

 

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 or issuing a purchase order for the material to be supplied and the work to be done relating to this project; 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-F18)

 

8.

2017 Infrastructure Renewal Program - Trees

 

That, on the recommendation of the Managing Director of Environmental and Engineering Services and City Engineer, the staff report dated March 7, 2017, with respect to tree removal, mitigation, and communication as part of the 2017 Infrastructure Renewal Program BE RECEIVED for information.   (2017-E04)

 

10.

Deferred Matters List

 

That the Civic Works Committee Deferred Matters List, as at February 14, 2017, BE RECEIVED.

 

11.

Zipper Merging Policy Proposal

 

That the following actions be taken with respect to a Zipper Merging Policy Proposal:

 

a)         the Civic Administration BE REQUESTED to include information about zipper merging in the London Road Safety Plan public education campaign; and,

 

 

b)         the Civic Administration BE REQUESTED to pilot a project to include signage with respect to using a zipper merge where/near signage indicating a merge ahead sign would be present.

 

12.

Veteran's Memorial Parkway

 

That it BE NOTED that Councillor van Holst enquired to staff to provide a brief update on the past and proposed work on Veteran’s Memorial Parkway, based on concerns included in a recent ‘letter to the editor’.

 

Motion Passed

 

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

 

Motion made by Councillor M. van Holst to Approve clause 9.

 

9.

Queens Avenue and Colborne Street Cycle Tracks

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Queens Avenue and Colborne Street Cycle Tracks:

 

a)         the staff report dated March 7, 2017 with respect to this matter BE RECEIVED for information; and,

 

b)         the tender award BE SUBJECT TO Council approval of compatible bus rapid transit routes;

 

it being noted that the Civic Works Committee received the attached presentation from D. MacRae, Division Manager, Transportation Planning and Design and a written submission from C. Butler, Waterloo Street 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 oral submissions in connection with this matter (2017-T05)

 

Motion made by Councillor J. Helmer and seconded by Councillor V. Ridley to Approve that clause 9 be amended at the end of part b) by adding the words "; it being noted that the Civic Administration will report back to the Civic Works Committee, should project delays indicate that the completion may not be feasible prior to March 2018, in accordance with the applicable funding."

 

Motion Passed

 

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

 

Motion made by Councillor M. van Holst to Approve part a) of clause 9

 

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 (10)

 

NAYS: P. Hubert (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor M. Cassidy to Approve part b), as amended, and remainder of the clause.

 

Motion Passed

 

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

 

Clause 9, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Queens Avenue and Colborne Street Cycle Tracks:

 

a)            the staff report dated March 7, 2017 with respect to this matter BE RECEIVED for information; and,

 

b)            the tender award BE SUBJECT to Council approval of compatible bus rapid transit routes; it being noted that the Civic Administration will report back to the Civic Works Committee, should project delays indicate that the completion may not be feasible prior to March 2018, in accordance with the applicable funding;

 

it being noted that the Civic Works Committee received the attached presentation from D. MacRae, Division Manager, Transportation Planning and Design and a written submission from C. Butler, Waterloo Street 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 oral submissions in connection with this matter (2017-T05)

 

 

5th Report of the Planning and Environment Committee

Councillor S. Turner presents.

 

Motion made by Councillor S. Turner to Approve clauses 1 to 14, excluding clauses 4 and 9.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed

 

2.

3rd Report of the Advisory Committee on Environment

 

That the following actions be taken with respect to the 3rd Report of the Advisory Committee on the Environment from its meeting held on February 1, 2017:

 

a)         the following actions be taken with respect to gas tax funding:

 

i)          the Civic Administration BE REQUESTED to provide copies of gas tax  reports (provincial and federal) to the Advisory Committee on the  Environment (ACE) on an ongoing basis; it being noted that the ACE  mandate pertains to these capital budget allocations; and,

ii)         the ACE BE ADVISED of the City of London budget consultation  process and dates in a timely manner; it being noted that the ACE received the presentation appended to the 3rd Report of the ACE from A. Dunbar, Manager III, Financial Planning and Policy, related to this matter; and,

 

b)         clauses 1, 3 to 8, BE RECEIVED.

 

3.

3rd Report on the London Advisory Committee Heritage

 

That the following actions be taken with respect to the 3rd Report of the London Advisory Committee on Heritage from its meeting held on February 8, 2017:

 

a)         the Civic Administration BE ADVISED that, in the opinion of the London Advisory Committee on Heritage (LACH), the application by Market West (London) relating to the properties located at 89, 93, 95 and 97 King Street does not have any adverse impacts to the on-site heritage resources; it being noted that the LACH further points out that the Heritage Impact Assessment does not adequately address the following impacts to adjacent heritage resources:

 

•           podium height and design in relation to the King Street and Talbot Street streetscapes;

•           lack of assessment to surrounding heritage resources to the south and west; and,

•           the historical research in the Heritage Impact Assessment was not done thoroughly;

 

 

 

it being further noted that the LACH recognizes alleyways as important resources in the Downtown Heritage Conservation District and that the LACH wishes to be consulted regarding the potential commemoration;

 

b)         the delegation request from A.M. Valastro related to the North Talbot Neighbourhood Heritage Conservation District BE APPROVED for a future meeting of the London Advisory Committee on Heritage; and,

 

c)         clauses 1 to 4, 6, 8 and 9, BE RECEIVED.

 

5.

Property Located at 2120 Kains Road (H-8676) (Relates to Bill No. 129)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of Sifton Properties Limited, relating to the property located at 2120 Kains Road, the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R6 Special Provision (h.*R6-5 (22)) Zone TO a Residential R6 Special Provision (R6-5 (22)) Zone to remove the “h” holding provision. (2017-D09)

 

6.

Properties located at 1826 and 1854 Oxford Street West and 1170 Riverbend Road South Phase 1 (H-8716) (Relates to Bill No. 130)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1826 and 1854 Oxford Street West and 1170 Riverbend Road, on the south of Oxford Street West and east of Westdel Bourne, described as Lots 1-90 and Block 91 as shown on the draft-approved plan of subdivision (File No. 39T-14505 – Riverbend South Phase 1), the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 (h•R1-5) Zone, a Holding Residential R1 (h•h-196•R1-5) Zone and a Holding Residential R5/R6 (h•R5-6/R6-5) Zone TO a Residential R1 (R1-5) Zone and a Residential R5/R6 (R5-6/R6-5) Zone to remove the holding (h and h-196) provisions.    (2017-D07)

 

7.

Jubilee Subdivision (39T-16501)

 

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 Drewlo Holdings Inc., for the subdivisions of land over Block 241, Plan 33M-605, City of London, County of Middlesex, situated on the east side of Blackacres Drive, south of Jubilee Crescent, known as 1931 Jubilee Crescent:

 

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Drewlo Holdings Inc. for the Jubilee Crescent Subdivision (39T-16501) appended to the staff report dated March 6, 2017 as Schedule “A”,  BE APPROVED;

 

b)         the applicant BE ADVISED that the Director, Development Finance, has summarized the claims and revenues appended to the staff report dated March 6, 2017, as Schedule “B”,

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions;

 

d)         the Municipal Council BE REQUESTED to advise the London Police Services Board of the new development and to actively enforce the Highway Traffic Act for the duration of the construction for this subdivision; and,

 

e)         the Municipal Council BE ADVISED that there will be increased operating and maintenance costs for works being assumed by the City. (2017-D12)

 

8.

Property located at 1647 Fanshawe Park Road East (39T-105030)

 

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 756949 Ontario Ltd., for the subdivisions of land over Part of Lots 1, 2 and 3 on Registered Plan 120(C), City of London, County of Middlesex, situated on the south side of Fanshawe Park Road East between Highbury Avenue North and Cedarhollow Boulevard:

 

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and 756949 Ontario Ltd., for the O’Hanlan Subdivision (39T-10503) appended to the staff report dated March 6, 2017, as Schedule “A”,  BE APPROVED;

 

b)         the Applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated March 6, 2017, as Schedule “B”;

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfil its conditions; and,

 

 

 

d)         the Municipal Council BE REQUESTED to advise the London Police Services Board of the new development and to actively enforce the Highway Traffic Act for the duration of the construction for this subdivision.  (2017-D12)

 

10.

Properties located at 946, 954 and 962 Longworth Road (H8713) (Relates to Bill No. 132)

 

That, on the recommendation of the Planner II, Development Services, based on the application of Norquay Buttonbush Land Corp., relating to the properties located at 946, 954 and 962 Longworth Road, the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R1 (h-94*R1-8) Zone and a Holding Residential R1 (h-189*R1-8) Zone TO a Residential R1 (R1-8) Zone to remove the “h-94” and “h-189” holding provisions; it being noted that the Planning and Environment Committee a heard verbal delegation from C. Linton, Developro Land Services Inc., with respect to this matter.   (2017-D09)

 

11.

Property located at 1170 Riverbend Road (39CD-16515/SPA16-046)

 

That, on the recommendation of the Senior Planning, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited, relating to the lands located at 1170 Riverbend Road:

 

a)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Draft Plan of Vacant Land Condominium for the subject lands; and,

 

b)         the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the Site Plan Approval application for the subject lands;

 

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

 

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

 

•           the proposed draft plan of vacant land condominium conforms to the City’s Official Plan and Condominium Submission Review and Approval Guidelines;

•           the proposed residential use is permitted under the Zoning By-law.  A concurrent application has been made to remove the holding provision, and is being brought forward under separate report; and,

•           application for Site Plan Approval has also been submitted and reviewed in conjunction with the application for Vacant Land Condominium. The application for Site Plan Approval has advanced to the stage where a development agreement is being finalized and securities have been received by the City;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.    (2017-D07)

 


 

12.

Property located at Former 1 Terrace Street

 

That, on the recommendation of the Managing Director, Planning and City Planner, relating to the property formerly municipally numbered as 1 Terrace Street, the application from 2423652 Ontario Ltd. for a reimbursement on 50% of Development Charges paid by property owners other than the applicant, up to a maximum amount of $147,422.22 BE REFUSED as the application does not conform with the program requirements in the Community Improvement Plan for Brownfield Incentives; it being noted that the Planning and Environment Committee heard a verbal delegation from P. Hinde, Manager, Land Development, Tridon Group of Companies, with respect to this matter.  (2017-D09)

 

13.

Request for Business Improvement Area - Hamilton Road

 

That the following actions be taken with respect to the request to create a Hamilton Road Business Improvement Area:

 

a)         the letter dated February 9, 2017 from R. Pinheiro, President, Hamilton Road Area Business Association requesting the creation of a Hamilton Road Business Improvement Area, BE RECEIVED;

 

b)         the Civic Administration BE REQUESTED to provide $50,000 funding from the appropriate funding source as identified by the Civic Administration; and,

 

c)         the Civic Administration BE DIRECTED to take the steps necessary, in 2018, to create a Hamilton Road Business Improvement Area.  (2017-D19)

 

14.

StormFisher Operations

 

That delegation status BE GRANTED to B. Moffatt, StormFisher, at a future meeting of the Planning and Environment Committee, concurrent with a staff report with respect to an outline of StormFisher operations.   (2017-E07)

 

Motion Passed

 

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

 

Motion made by Councillor S. Turner to Approve clause 4.

 

4.

Property located at 259 Sunningdale Road West (H-8095) (Relates to Bill No. 128)

 

That, on the recommendation of the Manager, Development Services, based on the application of Sunningdale Golf and Country Club, relating to the property located at 259 Sunningdale Road West, the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Open Space (h-2*OS1) Zone TO an Open Space (OS1) Zone to remove the h-2 holding provision. (2017-D09)

 

Motion Passed

 

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

 

RECUSED: P. Squire (1)

 

Motion made by Councillor S. Turner to Approve clause 9.

 

9.

City Wide Amendments (Z-8703) (Relates to Bill No. 131)

 

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 the Zoning By-law review of artisanal uses in commercial and industrial areas in the City of London:

 

 

a)         the proposed by-law appended to the staff report dated March 6, 2017, BE INTRODUCED at the Municipal Council meeting to be held on March 21, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), TO:

 

i)          add the definition of “ARTISAN WORKSHOP” to Section 2 (Definitions);

ii)         add the definition of “CRAFT BREWERY” to Section 2 (Definitions);

iii)         amend the definition of “CUSTOM WORKSHOP” in Section 2 (Definitions) to include Artisan Workshop;

iv)        add parking standards for “ARTISAN WORKSHOP” to Section 4.19 10) b) (Parking Standards Areas 2 and 3);

v)         add parking standards for “CRAFT BREWERY” to Section 4.19 10) b) (Parking Standards Areas 2 and 3);

vi)        amend Section 20 (Downtown Area (DA1) Zone variation, Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), Section 26 (Arterial Commercial (AC4) Zone variation), and Section 40 (Light Industrial (LI1) Zone variation) to add “ARTISAN WORKSHOP” and “CRAFT BREWERY” as a permitted use;

vii)       add new regulations to Section 20 (Downtown Area (DA1) Zone variation), Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), and Section 26 (Arterial Commercial (AC4) Zone variation) to provide a gross floor area maximum for “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses;

viii)       add new regulations to Section 20 (Downtown Area (DA1) Zone variation), Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), and Section 26 (Arterial Commercial (AC4) Zone variation) to require a retail or restaurant use for “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses located on the ground floor with street front access; and,

ix)        add new regulations to Section 40 (Light Industrial (LI1) Zone variation) to provide a gross floor area maximum, parking rate, and access requirements to all ancillary uses to “ARTISAN WORKSHOP” and “CRAFT BREWERY” uses; and,

 

b)         the Civic Administration BE DIRECTED to report back at a future Planning and Environment Committee meeting with an amendment to  allow outdoor patios for Craft Brewers and Artisanal Workshops;

 

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

 

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

 

·                     the recommended Zoning By-law amendment is consistent with, and will serve to implement the policies of the Provincial Policy Statement, 2014, which promotes economic development and competitiveness by providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses;

·                     the recommended Zoning By-law amendment is consistent with, and will serve to implement the policies of the City of London Official Plan related to economic development initiatives, support for unique neighbourhoods, and the planned function of the individual land use designations which the new uses would be permitted in;

·                     the recommended Zoning By-law amendment is consistent with, and will serve to implement the city-wide policies of The London Plan related to the revitalization of urban neighbourhoods and business areas and the promotion of a vibrant business environment that offers a wide range of economic opportunities as well as the planned function of the individual place types which the new uses would be permitted in; and

·                     the recommendation is consistent with the general intent of the Zoning By-law and provides for uses that are not currently provided for within the Zoning By-law.   (2017-D09)

 

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 (10)

 

RECUSED: P. Hubert (1)

 

IX

ADDED REPORTS

 

 

7th Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1, 3 and 4

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

3.

STAFF REPORT - Annual Review - 2017 Special Events Policies and Procedures Manual

 

That the following actions be taken with respect to the 2017 Special Events Policies and Procedures Manual:

 

a)            the proposed by-law included as Appendix B to the staff report dated March 20, 2017 BE INTRODUCED at the Municipal Council meeting of March 21, 2017 to approve the 2017 Special Events Policies and Procedures Manual; it being noted that a proposed amendment to the Manual is being proposed in clause 2, above, as it relates to an exemption to add a fifth day to the Rock the Park 14 event in July 2017; and

 

b)            the Civic Administration BE REQUESTED to report back, as part of the Council Policy report being provided to the Strategic Priorities and Policy Committee with respect to Chapter 17 of the Council Policy Manual, on the potential for reinstating escalating fines for repeated noise infractions and also options pertaining to insurance requirements.

 

4.

Music, Entertainment and Culture District Feasibility Study and Strategy

 

That the following actions be taken with respect to Music, Entertainment and Culture Districts:

 

a)            the staff report dated March 20, 2017 BE RECEIVED; and

 

b)            the recommended Strategy contained in the staff report noted in a), above, BE APPROVED subject to the following:

 

i)              Operating Hours of Festivals and Events and Volume of Noise (Pages 63 to 65 of the Strategy contained in the Feasibility Study) being excluded from the approval and being reported upon separately to the Strategic Priorities and Policy Committee within two meeting cycles; it being noted that staff will work to implement the Strategy over time and within existing budgets or in association with the next 4-Year Multi-Year Budget;

 

ii)             the documentation being updated to redefine and rename the references to the "Downtown District" to the "Downtown & Old East Village Districts”; it being understood that these two Districts would not necessarily fall within one single boundary;

 

it being noted that J. Yanchula provided the attached presentation 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 oral submissions in connection therewith.   

 

Motion Passed

 

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

 

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

 


 

2.

STAFF REPORT - 2017 Rock the Park One-Time Exemption Request

 

That the by-law included as Appendix A to the staff report dated March 20, 2017 BE INTRODUCED at the Municipal Council meeting of March 21, 2017 to approve a one-time exemption and amend the 2017 Special Events Policies and Procedures Manual to add a fifth day to the Rock the Park 14 event in July, 2017; it being understood that sound checks would not occur prior to 12:00 Noon on Sunday, July 16, 2017.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, P. Hubert, V. Ridley (8)

 

NAYS: A. Hopkins, S. Turner, H.L. Usher (3)

 

 

10th Report of the Council, In Closed Session

Councillor H.L. Usher presents.

 

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

 

ABSENT:  Councillors J. Morgan and T. Park.

 

ALSO PRESENT:  M. Hayward, G. Belch, B. Card, V. McAlea Major, D. Popadic, L. Rowe, and B. Warner.

 

Motion made by Councillor H.L. Usher to Approve:

 

1.         That the Council in Closed Session met, in camera, for the purpose of considering the following:

 

a)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the implementation of audio recording of Municipal Council, Standing Committees in closed session meetings. (C1/11/CSC)

 

b)         A matter pertaining to litigation or potential litigation with respect to the expropriation of a property located at 1175 Hyde Park Road, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the expropriation of a property located at 1175 Hyde Park Road and directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation in connection with the expropriation of a property located at 1175 Hyde Park Road. (C2/11/CSC)

 

Motion Passed

 

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

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

None.

 

XII

EMERGENT MOTIONS

 

None.

 


 

XIII

BY-LAWS

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

 

Motion Passed

 

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

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Second Reading of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

 

Motion Passed

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No.’s 112 to 188, Bill No. 119, as amended, and Bill No.’s. 120 to 135, excluding Bill No.’s 128, 131 and 133.

 

Motion Passed

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor M. van Holst to Approve Introduction and First Reading of Bill No. 128.

 

Motion Passed

 

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

 

RECUSED: P. Squire (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Second Reading of Bill No. 128.

 

Motion Passed

 

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

 

RECUSED: P. Squire (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor A. Hopkins to Approve Third Reading and Enactment of Bill No. 128.

 

Motion Passed

 

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

 

RECUSED: P. Squire (1)

 

Motion made by Councillor S. Turner and seconded by Councillor A. Hopkins to Approve Introduction and First Reading of Bill No. 131.

 


 

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 (10)

 

RECUSED: P. Hubert (1)

 

Motion made by Councillor S. Turner and seconded by Councillor A. Hopkins to Approve Second Reading of Bill No. 131.

 

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 (10)

 

RECUSED: P. Hubert (1)

 

Motion made by Councillor S. Turner and seconded by Councillor V. Ridley to Approve Third Reading and Enactment of Bill No. 131.

 

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 (10)

 

RECUSED: P. Hubert (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Introduction and First Reading of Bill No. 133.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, P. Hubert, V. Ridley, S. Turner (9)

 

NAYS: A. Hopkins, H.L. Usher (2)

 

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Second Reading of Bill No. 133.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, P. Hubert, V. Ridley (8)

 

NAYS: A. Hopkins, S. Turner, H.L. Usher (3)

 

Motion made by Councillor M. Cassidy and seconded by Councillor A. Hopkins to Approve Third Reading and Enactment of Bill No. 133.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, P. Hubert, V. Ridley (8)

 

NAYS: A. Hopkins, S. Turner, H.L. Usher (3)

 

The following by-laws are enacted as by-laws of The Corporation of the City of London:

 

Bill No. 112

By-law No. A.-7522-89

A by-law to confirm the proceedings of the Council Meeting held on the 21st day of March, 2017. (City Clerk)

 

Bill No. 113

By-law No. A.-7523-90

A by-law to raise the amount required for the purposes of the Old East Village Business Improvement Area Board of Management for the year 2017 in accordance with section 208 of the Municipal Act, 2001. (5/11/CSC)

 

Bill No. 114

By-law No. A.-7524-91

A by-law to raise the amount required for the purposes of the London Downtown Business Association Improvement Area Board of Management for the year 2017 in accordance with section 208 of the Municipal Act, 2001. (6/11/CSC)

 

Bill No. 115

By-law No. A.-7525-92

A by-law to raise the amount required for the purposes of the Argyle Business Improvement Area Board of Management for the year 2017 in accordance with section 208 of the Municipal Act, 2001. (7/11/CSC)

 

Bill No. 116

By-law No. A.-7526-93

A by-law to establish the Woodland Acquisition and Management Reserve Fund and repeal and replace By-law A.-5638-98, entitled “A by-law to establish the Woodlot/Parkland Acquisition Reserve Fund” (8/11/CSC)

 

Bill No. 117

By-law No. A.-7527-94

A by-law to establish the Parkland Reserve Fund and to repeal and replace By-law A.-4968-17, entitled “A by-law to establish a reserve fund for Parklands” (9/11/CSC)

 

Bill No. 118

By-law No. A.-7528-95

A by-law to establish the Community Investment Reserve Fund. (10/11/CSC)

 

Bill No. 119

By-law No. A.-6151(o)-96

A by-law to amend By-law No. A.-6151-17, being a by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001. (12/11/CSC)

 

Bill No. 120

By-law No. CPOL.-8-97

 

A by-law to establish a Coloured Crosswalk Policy. (3/5/CWC)

Bill No. 121

By-law No. CPOL.-9-98

A by-law to establish a Sale of Major Assets Policy. (4/11/CSC)

 

 

Bill No. 122

By-law No. CPOL.-10-99

A by-law to repeal by-law No. CPOL.-2-27 and to adopt a new Council Policy entitled “Accounts Receivable and Collections Policy”. (11/11/CSC)

 

Bill No. 123

By-law No. S.-5852-100

 

A By-law to stop up and close Isaac Drive south of Clayton Walk. (14/16/CWC – 2016, Legal Description has been Confirmed)

Bill No. 124

By-law No. S.-5853-101

A by-law to assume certain works and services in the City of London. (Fox Hollow Subdivision – Phase 2, Stage 2; 33M-622) (City Engineer)

 

Bill No. 125

By-law No. S.-5854-102

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Trafalgar Street, east of Crumlin Road and as widening to Crumlin Road, north of Trafalgar Street) (Chief Surveyor - pursuant to Consent B.047/15 and in accordance with Zoning By-law Z-1)

 

Bill No. 126

By-law No. W.-5620-103

A by-law to authorize the Wonderland Road Widening – PH 1 Riverside Drive to Springbank Drive (Project No. TS1348-1) (7/4/CWC)

 

Bill No. 127

By-law No. W.-5330(a)-104

A by-law to amend by-law No. W.-5330-17 entitled, “A by-law to authorize the SWM Facilities – Fox Hollow 3 (Project No. ES3020-FH3)” (8/4/CWC)

 

Bill No. 128

By-law No. Z.-1-172558

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for a portion of land located at 259 Sunningdale Road West. (4/5/PEC)

 


 

Bill No. 129

By-law No. Z.-1-172559

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the land located at 2120 Kains Road. (5/5/PEC)

Bill No. 130

By-law No. Z.-1-172560

 

A by-law to amend By-law No. Z.-1 to remove the holding provisions from the zoning of lands located 1826 & 1854 Oxford Street West and 1170 Riverbend Road, south of Oxford Street West and east of Westdel Bourne; described as Lots 1-90 and Block 91 as shown on the draft-approved plan of subdivision (File No. 39T-14505 – Riverbend South Phase 1) (6/5/PEC)

 

Bill No. 131

By-law No. Z.-1-172561

 

A by-law to amend By-law No. Z.-1 to amend Section 2 (Definitions), Section 4 (General Provisions), Section 20 (Downtown Area (DA1) Zone variation, Section 20 (Downtown Area (DA2) Zone variation), Section 25 (Business District Commercial (BDC) Zone variation), Section 26 (Arterial Commercial (AC4) Zone variation), and Section 40 (Light Industrial (LI1) Zone variation) to add artisan uses and regulations in the City of London. (9/5/PEC)

 

Bill No. 132

By-law No. Z.-1-172562

 

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for the lands located at 946, 954 and 962 Longworth Road. (10/5/PEC)

 

Bill No. 133

By-law No. A.-7240(b)-105

 

A By-law to amend the City of London’s 2017 Special Events Policies and Procedures Manual to provide for the “Rock the Park 14- July 2017” event use of Harris Park for 5 consecutive days. (2/7/SPPC)

 

Bill No. 134

By-law No. CPOL.-11-106

A by-law to revoke and repeal Council policy pertaining to the Special Events Policies and Procedures Manual and to approve the City of London’s 2017 Special Events Policies and Procedures Manual. (3/7/SPPC)

 

Bill No. 135

By-law No. CPOL.-12-107

 

A by-law to adopt a Council Policy entitled “Audio Recording of Municipal Council and Standing Committee In Closed Session Meetings”. (14/11/CSC)

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor B. Armstrong and seconded by Councillor M. Cassidy to Approve that the meeting adjourn.

 

Motion Passed

 

The meeting adjourns at 7:56 PM.

 

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

 

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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