April 18, 2017, at 4:02 PM

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

IV.   COUNCIL, IN

CLOSED SESSION

Moved by Councillor H.L. Usher

Seconded by Councillor J. Helmer

Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following:

Motion Passed

Motion Passed

V.   CONFIRMATION

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

Moved by Councillor S. Turner

Seconded by Councillor B. Armstrong

Approve Minutes of the Eleventh Meeting held on April 4, 2017.

Motion Passed

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor M. van Holst Approve clauses 1

14, excluding clause 3.

1.   Councillor T. Park

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

Moved by Councillor M. Cassidy

Seconded by Councillor S. Turner

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

Motion Passed

Motion Passed

Moved by Councillor M. Cassidy

Seconded by Councillor S. Turner

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

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Morgan

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

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Morgan

Approve that the Civic Administration BE DIRECTED to include, as part of its report back on the Rapid Transit Implementation Project, requested by the Municipal Council at its meeting on April 4, 2017, the following additional information:   a)         options to mitigate potential impacts to businesses during the construction of a rapid transit system, including, but not limited to a temporary Community Improvement Project;     b)         identification of potential means by which access to businesses can be maintained during construction and after completion of a rapid transit system; and,   c)         potential opportunities to provide for rapid transit routes though mixed traffic on King Street between Ridout Street North and Richmond Street.

Motion Passed

Motion Passed

2.   2016 Operating

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

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & City Manager, the following actions be taken with respect to the 2016 year-end monitoring:   a)         the 2016 Operating Budget Year-End Monitoring Report for the Property Tax Supported Budget (refer to Appendix A included in the staff report dated April 11, 2017), Water, and Wastewater and Treatment Budgets BE RECEIVED for information. An overview of the net corporate positions are outlined below:   i)          Property Tax Supported Budget surplus is $4.6 million as identified by the Civic Administration, Boards and Commissions, noting that clause b) is included in the $4.6 million surplus. The year-end surplus is $0.1 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $4.6 million operating surplus was contributed to the Operating Budget Contingency Reserve;   ii)         Water Rate Supported Budget surplus is $2.1 million. The year-end surplus is $1.8 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $2.1 million surplus was contributed to the Water Capital Reserve Fund; and   iii)         Wastewater and Treatment Rate Supported Budget surplus is $3.3 million. The year-end surplus is $3.2 million more than projected in the 2016 Operating Budget Mid-Year Monitoring Report. The $3.3 million surplus was contributed as follows: $2.2 million to the Wastewater Rate Stabilization Reserve and $1.1 million to the Sewage Works Reserve Fund;   b)         the request to fund the 2016 London & Middlesex Housing Corporation operational deficit of $50,565, which has been included in the above noted surplus of $4.6 million, BE APPROVED, noting that historically surpluses have been returned to the City while deficits have been funded by the City (see Appendix F for Letter of Request included in the staff report dated April 11, 2017);   c)         notwithstanding the Council approved Surplus/Deficit Policy, the Civic Administration BE AUTHORIZED to allocate $3.0 million of the $4.6 million surplus from the Property Tax Supported Budget to the Lorne Avenue Public School Project for estimated demolition, hazardous materials abatement, and site restoration costs;   d)         one-time funding of $1.6 million for the Housing Development Corporation (HDC) for additional investment in affordable housing development  BE APPROVED;   e)         the Civic Administration’s contribution of $3,507,019 ($3,099,699 – property tax supported; $146,774 – water; and $260,546 – wastewater) to the Efficiency, Effectiveness and Economy reserves in 2016 BE RECEIVED for information; and   f)         the Civic Administration and the Housing Development Corporation BE REQUESTED to report back at key points throughout the year as to how the housing funds approved in d), above, are being invested and, if available and appropriate, what other City funds may be available to be redirected to the Housing Development Corporation to bring the total investment up to the original request of $2 million.   Note: The reported year-end surplus is subject to the financial statement audit and adjustments related to the accounting for Tangible Capital Assets (PSAB 3150).

At 5:58PM His Worship the Mayor places Councillor V. Ridley in the Chair, and takes a seat at the Council Board.   At 6:02 PM His Worship the Mayor resumes the Chair, and Councillor V. Ridley takes her seat at the Council Board.

The motion Approve parts d) and f), of clause 2 is put.   d)         one-time funding of $1.6 million for the Housing Development Corporation (HDC) for additional investment in affordable housing development  BE APPROVED;   f)         the Civic Administration and the Housing Development Corporation BE REQUESTED to report back at key points throughout the year as to how the housing funds approved in d), above, are being invested and, if available and appropriate, what other City funds may be available to be redirected to the Housing Development Corporation to bring the total investment up to the original request of $2 million.

Motion Passed

Motion Passed

The motion to Approve balance of clause 2 is put.

Motion Passed

Motion Passed

4.   Expropriation of

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

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, and the Manager Director, Planning and City Planner, on the advice of the Manager of Realty Services, approval BE GIVEN to the expropriation of a permanent easement interest in lands to complete the permanent pathway, as approved by Council – Medway Valley Trail North – Option 5B, Further Enhanced Accessibility and Community Connections, and the following actions be taken in connection therewith:   a)         application BE MADE by The Corporation of the City of London as Expropriating Authority, to the Council of The Corporation of the City of London as Approving Authority, for the approval to expropriate the land required for the implementation of the Medway Valley Trail Master Plan North of Fanshawe Park Road;   b)         notice of the above application BE SERVED AND PUBLISHED by The Corporation of the City of London, in accordance with the terms of the Expropriations Act;   c)         any requests for a hearing that may be received BE FORWARDED  to the Chief Inquiry Officer and BE REPORTED to the Council of The Corporation of the City of London for its information; and   d)         the by-law included as Schedule “C” to the staff report dated April 11, 2017 BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to authorize the foregoing and direct the Civic Administration to carry out all necessary administrative actions.

5.   Report of the

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

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

6.   London Cycle Link

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

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

7.   Corporate Services

Committee Deferred Matters List

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

8.   Board of Directors

  • Federation of Canadian Municipalities

That the following actions be taken with respect to Councillor H.L. Usher’s communication dated April 3, 2017, with respect to the Federation of Canadian Municipalities (FCM) Board of Directors:   a)         Councillor H.L. Usher BE ENDORSED to stand for election on the FCM Board of Directors for the period starting in June 2017 and ending June 2018;     b)         in the event that Councillor H.L. Usher is elected to the FCM Board of Directors, all costs associated with Councillor H.L. Usher attending FCM Board of Directors meetings BE ASSUMED by the City of London; it being noted that the Board of Directors meetings include September 12 - 15, 2017 – Wood Buffalo, AB; November 21 - 24, 2017 – Ottawa, ON; March 6 - 9, 2018 – Laval, QC; the Sustainable Community Conference & Trade Show – February 6 – 8, 2018 – Ottawa, ON, and the Annual Conference & AGM    – May 31 – June 3, 2018 – Halifax, NS; and   c)     Councillor H.L Usher BE REIMBURSED by The Corporation of the City of London, outside of his annual expense allocation, for his campaign expenses in seeking election to the Board of Directors, in an amount of up to $750, upon submission of eligible expenses.

9.   London Police

Services Board Composition

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

10.   Canada 150

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

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, the following actions be taken with respect to the execution of the Canada 150 Community Infrastructure Program Contribution Agreement Intake Two:   a)         the by-law included as  Appendix “A” to the staff report dated April 11, 2017, BE INTRODUCED at the Municipal Council meeting to be held on April 18, 2017 to:             i)          approve the Canada 150 Community Infrastructure Program Intake Two Contribution Agreement between The Corporation of the City of London and Her Majesty the Queen in Right of Canada hereby represented by the Minister responsible for Federal Economic Development Agency for Southern Ontario;             ii)         authorize the Mayor and the City Clerk to sign the Contribution Agreement, attached as Schedule A to the by-law; and,   iii)         authorize the Director, Community and Economic Innovation to execute any financial reports required as a condition of the Contribution Agreement authorized and approved in a)i) above;   b)         funding for the Canada 150 Community Infrastructure Program Intake Two (CIP 150) BE APPROVED as set out in the Sources of Financing Reports appended to the staff report dated April 11, 2017 as:   i)          Appendix B – New Capital Project No. RC2401 Improvement of Covent Garden Market Outdoor Rink;   ii)         Appendix C – Capital Projects No. RC2772 Improvement of Constitution Park – New Spray Pad and PD223017 – Improvement of Constitution Park – New Field House;   iii)         Appendix D – New Capital Project No. PD2138 Expansion of Kiwanis Park Pathway System; and   iv)        Appendix E – New Capital Project No. PD2139 Addition of Splash Pad at Queen’s Park.

11.   Vacancy - London

Hydro Inc. Board of Directors

That the Civic Administration BE REQUESTED to:   a)         seek interested applicants for filling an upcoming vacancy (Director – Second Class) on the London Hydro Inc. Board of Directors;   b)         invite Mr. G. Holborn and Ms. M. Parks to the final interview process; it being noted that Mr. Holborn and Ms. Parks were on the shortlist of candidates interviewed in 2016 for a previous vacancy on the London Hydro Inc. Board of Directors; and   c)         inform London Hydro Inc. of the Shareholder’s intention with respect to filling the vacancy.

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

Motion Passed

Motion Passed

The motion to Approve balance of clause 11 is put.

Motion Passed

Motion Passed

12.   A. Stratton - 4th

Report of the Transportation Advisory Committee

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

13.   Enquiry -

Councillor B. Armstrong

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

14.   Potential Program

to Downsize Water Meters

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

3.   2016 Life-To-Date

Capital Budget – 2016 Year-End Capital Monitoring Report

That on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer & City Manager, the following actions be taken:   a)         the 2016 Life-to-Date Capital Budget – 2016 Year-End Capital Monitoring Report BE RECEIVED for information;   b)         the active 2014 life-to-date capital budgets (2014 and prior) that have no future budget requests (Appendix B) containing project status updates BE RECEIVED for information; and   c)         the capital projects included in Appendix C to the staff report dated April 11, 2017, with a total of $6.2 million of net surplus funding, BE CLOSED and the following actions be taken in connection therewith:   Rate Supported   i)          pay-as-you-go funding of $87,341 BE TRANSFERRED to the capital receipts account;   ii)         authorized debt financing of $611,081 BE RELEASED resulting in a reduction of authorized, but unissued debt;   iii)         uncommitted reserve fund draws of $2,423,788 BE RELEASED from the reserve funds which originally funded the projects; Non-Rate Supported   i)          authorized debt financing of $94,147 BE RELEASED resulting in a reduction of authorized, but unissued debt;   ii)         uncommitted reserve fund draws of $3,135,334 BE RELEASED from the reserve funds which originally funded the projects; and   iii)         other net non-rate supported funding sources of -$165,894 BE ADJUSTED in order to facilitate project closings.

II.   RECOGNITIONS

IX.   ADDED

REPORTS

Moved by Councillor V. Ridley

Seconded by Councillor J. Helmer

Approve the 12th Report of the Council, In Closed Session.   1.         Partial Assignment of Offer to Purchase Industrial Lands – Cancor Development Corporation & EMCO – 2150 Oxford Street East   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the Partial Assignment of Agreement of Purchase and Sale submitted by Dancor Develop Corporation, In Trust for a company to be incorporated (“Dancor”) and 3104740 Nova Scotia Corporation (“EMCO”) to assign part of the City Sale Agreement to EMCO, relating to the part of the lands legally described as part of Lot 1, Concession 2, Geographic Township of London, designated as Parts 32 to 40 both inclusive on draft plan of survey being Plan No. X-208 dated March 10, 2017, prepared by J. Andrew Smith, OLS of Callon Deitz Incorporated, under File No. 15-204058 attached as Schedule “A-2”, being City-owned industrial land located at 2150 Oxford Street East, on the northeast corner of Veteran’s Memorial Parkway and Oxford Street East, containing an area of 19.02 acres, as outlined on the sketch attached hereto as Schedule “A-1”, BE APPROVED.                   2.         267 Dundas Street – Canadian Medical Hall of Fame Lease Agreement   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the Lease Agreement, attached as Appendix “A”, submitted by the Canadian Medical Hall of Fame (CMHF), to lease a portion of the City-owned J. Allyn Taylor building, located at 267 Dundas Street, for an eighteen (18) month term, commencing October 1, 2017, BE ACCEPTED   3.         Property Acquisition – Old Victoria Stormwater Management Facility No. 1   That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and City Manager, on the advice of the Manager of Realty Services, the following actions be taken with respect to the properties at 1742 Hamilton Road and an abutting parcel to the West without a municipal address, known as the Old Victoria Stormwater Management Facility No. 1:   a)         the offer submitted by Thames Valley Joint Venture Corporation to sell to the City a portion of the land located at 1742 Hamilton Road, further described as Part of Lot 7 Concession 1 to be designated as Parts 2,3,4,7 on a reference plan to be deposited, in the City of London, County of Middlesex, containing an area of approximately 2.19 acres, for the purpose of a Stormwater Management (SWM) Facility, for the sum of $129,129.00, BE ACCEPTED, subject to the following conditions:   i)          Soil, Geotechnical, and Environmental Tests being completed to the satisfaction of the Purchaser; ii)         Temporary Easements being granted to the Purchaser to support a temporary SWM facility, access during construction, maintenance access and storm sewers; iii)         the Reference Plan being deposited by the Purchaser; iv)        the balance of the sale price being paid upon 25% of the project build out known as Old Victoria Stormwater Management Facility No. 1; and v)         completion being conditional on an Agreement with the abutting land owner;   b)         the offer submitted by Charles Andersen Cline to sell to the City a portion of the land located on the northeast side of Hamilton Road, further described as Part Lot 8 Concession 1, to be designated as Parts 8,9,10 on a reference plan to be deposited in the City of London, County of Middlesex, containing an area of approximately 1.33 acres, for the purpose of a Stormwater Management Facility, for the sum of $115,126.00, BE ACCEPTED, subject to the following conditions:   i)          Soil, Geotechnical, and Environmental Tests being completed to the satisfaction of the Purchaser; ii)         Temporary Easements being granted to the Purchaser to support a temporary SWM facility, access during construction, maintenance access and storm sewers; iii)         the Reference Plan being deposited by the Purchaser; iv)        the balance of the sale price being paid upon 25% of the project build out known as Old Victoria Stormwater Management Facility No. 1; and v)         completion being conditional on an Agreement with the abutting land owner;             c)         the financing for this acquisition BE APPROVED as set out in the Source of Financing Report  attached hereto as Appendix “A”.

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

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

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

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Introduction and First Reading of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor M. Cassidy

Approve Third Reading and Enactment of Bill No.’s 156 to 177, inclusive, including the revised Bill No. 161.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT