May 7, 2019, at 4:00 PM

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1.   Disclosures of Pecuniary Interest

None.

2.   Recognitions

None.

3.   Review of Confidential Matters to be Considered in Public

None.

4.   Council, In Closed Session

Motion made by J. Helmer

Seconded by A. Kayabaga

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

4.1   Land Disposition/Solicitor-Client Privileged Advice/Position, Plan, Procedure, Criteria or Instruction to be Applied to Any Negotiations

A matter pertaining to the proposed or pending disposition of land by the municipality, including communications necessary for that purpose; advice that is subject to solicitor-client privilege; commercial and financial information, that belongs to the municipality and has monetary value or potential monetary value and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. (6.1/11/CSC)

4.2       Personal Matters/Identifiable Individual

A matter pertaining to personal matters about an identifiable individual, including municipal or local board employees. (6.2/11/CSC)

4.3       Added – Land Acquisition/Solicitor-Client Privileged Advice

A matter pertaining to the proposed or pending acquisition of land by the municipality, including communications necessary for that purpose; advice that is subject to solicitor-client privilege; commercial and financial information, that belongs to the municipality and has monetary value or potential monetary value and a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. (6.3/11/CSC)

Motion Passed (15 to 0)

The Council rises and goes into the Council, In Closed Session, at 4:12 PM, with Mayor E. Holder in the Chair and all Members present.

The Council, In Closed Session, rises at 4:29 PM and Council reconvenes at 4:32 PM, with Mayor E. Holder in the Chair and all Members present.

5.   Confirmation and Signing of the Minutes of the Previous Meeting(s)

5.1   10th Meeting held on April 23, 2019

2019-04-23 Council Minutes

Released in Public - April 23 Council agenda

Motion made by P. Van Meerbergen

Seconded by S. Lewis

That the Minutes of the 10th Meeting held on April 23, 2019 BE APPROVED.

Motion Passed (15 to 0)

6.   Communications and Petitions

Motion made by M. van Holst

Seconded by S. Lewis

That the added communication from Councillor M. van Holst, with respect to full-time, daytime Council, BE RECEIVED and BE REFERRED as noted on the added agenda.

Motion Passed (14 to 1)

7.   Motions of Which Notice is Given

None.

8.   Reports

8.1   11th Report of the Corporate Services Committee

2019-04-30 CSC Report 11

Motion made by J. Morgan

That the 11th Report of the Corporate Services Committee BE APPROVED, excluding Item 5 (4.1).

Motion Passed (15 to 0)

8.1.1   Disclosures of Pecuniary Interest

Motion made by J. Morgan

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

8.1.2   (2.2) Year 2019 Education Tax Rates (Relates to Bill No. 176)

Motion made by J. Morgan

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to Education Tax Rates:

a)            the proposed by-law to levy education tax rates for 2019, as appended to the staff report dated April 30, 2019, BE INTRODUCED at the Council meeting of May 7, 2019; and

b)            the Mayor BE REQUESTED to send a letter to the Minister of Finance, on behalf of City Council, requesting further clarification with respect to the long term intention of the current government with respect the business education property tax cuts that were temporarily frozen with the 2012 Provincial budget.

Motion Passed

8.1.3   (2.3) Report of the Federation of Canadian Municipalities Board of Directors Meeting - Penticton, BC - March 12-15, 2019

Motion made by J. Morgan

That the communication dated April 9, 2019, from Councillor J. Morgan, regarding the Federation of Canadian Municipalities Board of Directors meeting held March 12-15, 2019 in Penticton, BC, BE RECEIVED for information.

Motion Passed

8.1.4   (2.1) Year 2019 Tax Policy (Relates to Bill No.’s 171, 172, 173, 174 and 175)

Motion made by J. Morgan

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to property taxation for 2019:

a)         the by-law, as appended to the staff report dated April 30, 2019 as Appendix A, BE INTRODUCED at the Council meeting to be held on May 7, 2019, to set tax ratios for property classes in 2019; it being noted that this by-law is in keeping with the option AB2 selected by the Municipal Council from Schedule “B” appended to the staff report dated April 30, 2019 and reflective of committee recommendation in accordance with Sub-sections 308(4) and 308.1(4) of the Municipal Act, 2001;

b)         the by-law, as appended to the staff report dated April 30, 2019 as Appendix B, BE INTRODUCED the Municipal Council meeting to be held on May 7, 2019, to exempt certain properties in the commercial classes, industrial classes and multi-residential property class from the application of Part IX of the Municipal Act, 2001;

c)         the by-law, as appended to the staff report dated April 30, 2019 as Appendix C, BE INTRODUCED at the Municipal Council meeting to be held on May 7, 2019 to exercise the option to establish a phase out and end to the capping of property taxes under Part IX of the Municipal Act, 2001 for eligible property classes;

d)         the by-law, as appended the staff report dated April 30, 2019 as Appendix D, BE INTRODUCED at the Municipal Council meeting to be held on May 7, 2019 to exclude reassessment related tax increases after 2016 from the capping provisions of Part IX of the Municipal Act, 2001; and

e)         the by-law, as appended to the staff report dated April 30, 2019 as Appendix E, BE INTRODUCED at the Municipal Council meeting to be held on May 7, 2019 to opt to use certain subsections of section 329.1 of the Municipal Act, 2001, in the calculation of taxes in the commercial, industrial and multi-residential property classes.

Motion Passed

8.1.5   (4.1) Full-Time Councillors for Next Term of Council

Motion made by J. Morgan

That the communication dated April 8, 2019 from Councillor M. van Holst with respect to full-time Councillors for the next term BE RECEIVED for information.

Motion Passed (15 to 0)

Motion made by M. van Holst

Seconded by S. Lewis

Add a new part b), as follows:

“b)       the governance working group BE TASKED to discuss the virtues of  daytime meetings, with the exception of public participation meetings, for next term and provide a recommendation for further discussion at SPPC.”

Motion Failed (7 to 8)

8.2   8th Report of the Planning and Environment Committee

2019-04-29 PEC Report

2019-04-29 SR - LPAT - Process Update Report - How Recommendations are Formed

2019-04-29 Public Comments 3

2019-04-29 PS - R. McNeil - 3900 Scotland Dr - 3777 Wesrninester Dr - 5110 White Oak Road

2019-04-29 Public Comments 3.3

2019-04-29 PRES - Vicotria Park Secondary Plan - Status Update and Draft Secondary Plan Principles1

Motion made by A. Hopkins

That the 8th Report of the Planning and Environment Committee BE APPROVED, excluding Item 7 (3.3).

Motion Passed (15 to 0)

8.2.1   Disclosures of Pecuniary Interest

Motion made by A. Hopkins

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

8.2.2   (2.1) 5th Report of the Environmental and Ecological Planning Advisory Committee

Motion made by A. Hopkins

That the following actions be taken with respect to the 5th Report of the Environmental and Ecological Advisory Committee, from its meeting held on March 21, 2019:

a)            the following actions be taken with respect to the Parks and Recreation Master Plan:

i)             a Working Group BE ESTABLISHED consisting of S. Hall, S. Levin and R. Trudeau, to review and provide comments to the Civic Administration prior to April 23, 2019; and,

ii)            the Environmental and Ecological Planning Advisory Committee (EEPAC) BE GRANTED delegation status when the Parks and Recreation Master Plan is presented to the Community and Protective Services Committee;

it being noted that the EEPAC reviewed and received the following with respect to this matter:

-              the presentation from A. Macpherson, Division Manager, Parks Planning and Operations and S. Stafford, Managing Director, Parks and Recreation appended to the 5th Report of the Environmental and Ecological Planning Advisory Committee;

-              the Children & Nature Facts from A. Macpherson, Division Manager, Parks Planning and Operations appended to the 5th Report of the Environmental and Ecological Planning Advisory Committee; and,

-              a communication from A. Macpherson with respect to responses to the EEPAC comments on this matter;

b)            the Project Managers BE REQUESTED to advise the Environmental and Ecological Planning Advisory Committee (EEPAC) of the correlation between the Dingman Creek Subwatershed Study and the Municipal Class Environmental Assessment currently being undertaken; it being noted that the EEPAC reviewed and received the Notice of Study Commencement for Dingman Drive East of Wellington Road to Highway 401 and area intersections Municipal Class Environmental Assessment, from M. Elmadhoon, Project Manager, The Corporation of the City of London and P. McAllister, Project Manager, AECOM Canada Ltd;

c)            the following actions be taken with respect to the Draft Plan of Subdivision and Zoning By-law Amendment for the properties located at 1938 and 1964 Commissioners Road East and 1645 Hamilton Road:

i)             B. Krichker BE INCLUDED in the Environmental and Ecological Planning Advisory Committee (EEPAC) existing Working Group; and,

ii)            the Working Group comments relating to the Draft Plan of Subdivision and Zoning By-law Amendment for the properties located at 1938 and 1964 Commissioners Road East and 1645 Hamilton Road BE POSTPONED to the next EEPAC meeting to allow the EEPAC to meet with staff;

d)            the following actions be taken with respect to the communication dated April 8, 2019, from T. Cooke, Executive Director, Invasive Species Centre, congratulating the City of London on their excellent work on the London Invasive Plant Management Strategy:

i)             the Civic Administration BE CONGRATULATED on their achievement; and,

ii)            the above-noted communication BE RECEIVED;

e)            clauses 1.1, 2.2, 3.1 to 3.5, inclusive, 3.7, 5.1 and 5.2 and 6.2, BE RECEIVED for information.

Motion Passed

8.2.3   (2.3) Victoria on the River Draft Plan of Subdivision - Request for Extension of Draft Plan Approval 39T-09502

Motion made by A. Hopkins

That, on the recommendation of the Director, Development Services, with respect to the application by Sifton Properties Limited, relating to lands located south of the south branch of the Thames River, west of Hamilton Road, and north of Commissioners Road East, legally described as Part of Lots 8, 9, 10 Concession 1 and Part of Lots 8 and 9 Broken Front Concession “B” and Part of the Road Allowance between Concession 1 and Broken Front Concession “B” (Geographic Township of Westminster), in the City of London, the Approval Authority BE REQUESTED to approve a two (2) year extension to Draft Plan Approval for the residential plan of subdivision File No. 39T-09502, SUBJECT TO the revised conditions contained in Schedule “A” 39T-09502 appended to the staff report dated April 29, 2019.   (2019-D19)

Motion Passed

8.2.4   (2.2) Local Planning Appeal Tribunal Process Update Report

Motion made by A. Hopkins

That, on the recommendation of the Managing Director, Planning and City Planner, and the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the Local Planning Appeal Tribunal process update:

a)            the staff report dated April 29, 2019, entitled “Local Planning Appeal Tribunal Process Update Report” BE RECEIVED for information;

b)         the Civic Administration BE DIRECTED to implement the processes outlined in the report noted in clause a) above; and,

c)         the attached, revised, illustration with respect to how planning recommendations are formed BE RECEIVED for information.   (2019-L01)

Motion Passed

8.2.5   (3.1) Community Improvement Plan (CIP) Study Request of the Argyle BIA and Surrounding Area

Motion made by A. Hopkins

That the delegation by R. Sidhu, Executive Director, Argyle Business Improvement Area, with respect to their request for a Community Improvement Plan study to be undertaken for the Argyle Business Improvement Area and surrounding areas BE POSTPONED to a future Planning and Environment Committee meeting.  (2019-D09)

Motion Passed

8.2.6   (3.2) Application - 3900 Scotland Drive, 3777 Westminister Drive and 5110 White Oak Road (Z-8992) (Relates to Bill No. 180)

Motion made by A. Hopkins

That, on the recommendation of the Director, Development Services, with respect to the application by John Aarts Group, relating to the properties located at 3900 Scotland Drive, 3777 Westminster Drive and 5110 White Oak Road, the proposed by-law appended to the staff report dated April 29, 2019 BE INTRODUCED at the Municipal Council meeting to be held on May 7, 2019 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Open Space (OS4) Zone, Environmental Review (ER) Zone, and Resource Extraction (EX) Zone TO an Open Space (OS4) Zone, Environmental Review (ER) Zone, Resource Extraction (EX) Zone and holding Resource Extraction (h-__*EX1) Zone;

it being noted that the Planning and Environment Committee reviewed and received the following petitions with respect to this matter:

-              a petition signed by approximately 31 individuals requesting to change Westminster Drive from Wellington Road to White Oak Road to no truck route; and,

-              a petition signed by approximately 38 individuals with expressing opposition to the application;

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

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

-              the requested amendment is consistent with the policies of the Provincial Policy Statement, 2014;

-              the requested amendment is in conformity with the policies of The London Plan;

-              the requested amendment is in conformity with the policies of the 1989 Official Plan; and,

-              the requested amendment will facilitate the addition of a use that is complementary and accessory to the existing aggregate resource extraction operation.    (2019-D09)

Motion Passed

8.2.8   (4.1) Lambeth Main Streetscape Master Plan Concept and Background Document

Motion made by A. Hopkins

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer and the Managing Director, Planning and City Planner, the following actions be taken with respect to the Lambeth Main Street Streetscape Master Plan Concept:

a)            the Lambeth Main Street Streetscape Master Plan Concept Background Document appended to the staff report dated April 29, 2019, as Appendix “A”, BE RECEIVED for information;

b)            the Lambeth Main Street Streetscape Master Plan Concept appended to the staff report dated April 29, 2019, as  Appendix “B”, BE APPROVED as a plan identifying infrastructure and urban design guidance for future road projects and redevelopment; and,

c)            the Civic Administration BE DIRECTED to initiate an Official Plan amendment in order to add the Lambeth Main Street Streetscape Master Plan Concept to the list of Council approved Urban Regeneration Guidelines in The London Plan.   (2019-D19)

Motion Passed

8.2.9   (4.2) Hamilton Road Streetscape Master Plan Concept Background Document

Motion made by A. Hopkins

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, and the Managing Director, Planning and City Planner, the following actions be taken with respect to the Hamilton Road Streetscape Master Plan Concept:

a)            the Hamilton Road Streetscape Master Plan Concept Background Document appended to the staff report dated April 29, 2019 as Appendix “A”, BE RECEIVED for information;

b)            the Hamilton Road Streetscape Master Plan Concept appended to the staff report dated April 29, 2019 as Appendix “B”, BE APPROVED as a plan identifying infrastructure and urban design guidance for future road projects and redevelopment; and,

c)            the Civic Administration BE DIRECTED to initiate an Official Plan amendment in order to add the Hamilton Road Streetscape Master Plan Concept to the list of Council approved Urban Regeneration Guidelines in The London Plan.    (2019-D19)

Motion Passed

8.2.7   (3.3) Victoria Park Secondary Plan - Status Update and Draft Secondary Plan Principles (O-8978)

Motion made by A. Hopkins

That, on the recommendation of the Managing Director, Planning and City Planner, the Draft Principles for the Victoria Park Secondary Plan BE ENDORSED; it being noted that staff will continue to work with consultants, stakeholders, property owners, and other interested parties to develop the Secondary Plan;

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

-              a communication dated April 11, 2019, from T. Squire-Smith, Chief Operating Officer, Refcio & Associates;

-              a communication dated April 25, 2019, from S. Stapleton, Vice-President, Auburn Developments; and,

-              a communication dated April 26, 2019, from K. Muir, Senior Planner, GSP Group Inc.;

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.   (2019-D09)

Motion Passed (8 to 7)

8.3   2nd Report of the Audit Committee

2019-04-17 AC Report 2

Motion made by J. Helmer

That the 2nd Report of the Audit Committee BE APPROVED.

Motion Passed (15 to 0)

8.3.1   Disclosures of Pecuniary Interest

Motion made by J. Helmer

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

8.3.2   (4.1) Internal Audit Summary Update

Motion made by J. Helmer

That the memo dated April 5, 2019, from Deloitte, with respect to the internal audit summary update, BE RECEIVED.

Motion Passed

8.3.3   (4.2) Observation Summary as at April 5, 2019

Motion made by J. Helmer

That the Observation Summary from Deloitte, as of April 5, 2019, BE RECEIVED.

Motion Passed

8.3.4   (4.3) June 2017 - December 2018 Internal Audit Dashboard as at April 5, 2019

Motion made by J. Helmer

That the communication from Deloitte, regarding the June 2017 - December 2018 internal audit dashboard as of April 5, 2019, BE RECEIVED.

Motion Passed

8.3.5   (4.4) ITS Portfolio Management and Project Management - Methodology Maturity

Motion made by J. Helmer

That the Internal Audit Report from Deloitte with respect to the ITS Portfolio Management and Project Management - Methodology, audit performed September to October 2018, issued April 2019, BE RECEIVED.

Motion Passed

8.3.6   (4.5) ITS Portfolio Management and Project Management - Project Compliance

Motion made by J. Helmer

That the Internal Audit Report from Deloitte with respect to the ITS Portfolio Management and Project Management - Project Compliance, audit performed September to October 2018, issued March 2019, BE RECEIVED.

Motion Passed

8.3.7   (4.6) Housing Administration Process Assessment

Motion made by J. Helmer

That the Internal Audit Report from Deloitte with respect to the Housing Administration Process Assessment, audit performed October 2018-January 2019, issued March 2019, BE RECEIVED.

Motion Passed

8.3.8   (4.7) Health and Safety Management Systems

Motion made by J. Helmer

That the Internal Audit Report from Deloitte with respect to the Health and Safety Management Systems, audit performed October 2018-January 2019, issued March 2019, BE RECEIVED.

Motion Passed

8.3.9   (4.8) 2019-2021 Internal Audit Plan

Motion made by J. Helmer

That the 2019-2021 Internal Audit Draft Plan from Deloitte dated April 5, 2019, BE APPROVED.

Motion Passed

9.   Added Reports

9.1   10th Report of Council in Closed Session

Released in Public - May 7

Motion made by S. Lehman

Seconded by E. Peloza

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the City-owned industrial land located on the west side of Sovereign Road, being part of the Trafalgar Industrial Park Phase III, containing an area of approximately 3.4 acres, being composed of Lot 28 of Plan 33M-251 and municipally known as 585 Sovereign Road, outlined on the sketch attached hereto as Appendix “B”, the offer submitted from Equals Brewing under the corporate name Southwest Sun Property Corp. (the “Purchaser”) to purchase the subject property from the City, at a purchase price of $221,000.00 (reflecting a sale price of $65,000.00 per acre), attached hereto as Appendix “C”  BE ACCEPTED; subject to the following conditions:

a)           the Purchaser be allowed, within ninety (90) days from acceptance of the offer, to examine title at Purchaser’s own expense;

b)           the Purchaser be allowed, within ninety (90) days from acceptance of the offer, to carry out soil tests as it might reasonably require;

c)            the Purchaser be allowed, within ninety (90) days from acceptance of the offer, to conduct environmental inspections and investigations of the property satisfactory to the Purchaser;

d)           the Purchaser be allowed, within ninety (90) days from acceptance of the offer, to carry out geotechnical investigations of the property satisfactory to the Purchaser;

e)           the Purchaser be allowed, within ninety (90) days to determine the financial feasibility of the Purchaser’s intended use of the property satisfactory to the Purchaser; and

f)          the Purchaser acknowledges and accepts the property in an ‘as-is’ condition.

Motion Passed (15 to 0)

10.   Deferred Matters

None.

11.   Enquiries

None.

12.   Emergent Motions

None.

13.   By-laws

Motion made by P. Van Meerbergen

Seconded by S. Hillier

That Introduction and First Reading of Bill No.’s 170 to 180, and the Added Bill No. 181, BE APPROVED.

Motion Passed (15 to 0)

Motion made by S. Lewis

Seconded by J. Helmer

That Second Reading of Bill No.’s 170 to 180, and the Added Bill No. 181, BE APPROVED.

Motion Passed (15 to 0)

Motion made by S. Turner

Seconded by S. Lehman

That Third Reading and Enactment of Bill No.’s 170 to 180, and the Added Bill No. 181, BE APPROVED.

Motion Passed (15 to 0)

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

Bill No. 170

By-law No. A.-7846-128

A by-law to confirm the proceedings of the Council Meeting held on the 7th day of May, 2019. (City Clerk)

Bill No. 171

By-law No. A.-7847-129

A by-law setting tax ratios for property classes in 2019. (2.1a/11/CSC)

Bill No. 172

By-law No. A.-7848-130

A by-law to opt to have Section 8.0.2 of Ontario Regulation 73/03, as amended, apply within the City of London for the year 2019, to exempt certain properties in the commercial classes, industrial classes and multi-residential property class from the application of Part IX of the Municipal Act, 2001. (2.1b/11/CSC)

Bill No. 173

By-law No. A.-7849-131

A by-law to exercise the option to establish a phase out and end to the capping of property taxes under Part IX of the Municipal Act, 2001 for eligible property classes. (2.1c/11/CSC)

Bill No. 174

By-law No. A.-7850-132

A by-law to exclude reassessment related tax increases after 2016 from the capping provisions of Part IX of the Municipal Act, 2001. (2.1d/11/CSC)

Bill No. 175

By-law No. A.-7851-133

A by-law to opt to use certain subsections of section 329.1 of the Municipal Act, 2001, as amended, in the calculation of taxes in the commercial, industrial, and multi-residential property classes. (2.1e/11/CSC)

Bill No. 176

By-law No. A.-7852-134

A by-law levying rates for 2019 for school purposes in the City of London. (2.2/11/CSC)

Bill No. 177

By-law No. A.-7853-135

A by-law levying tax rates for property classes in 2019. (4.8/5/SPPC)

Bill No. 178

By-law No. S.-6003-136

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Wharncliffe Road, from Oxford Street West to Essex Street) (City Surveyor - for road widening purposes on Wharncliffe Road for the Western Road Widening and Improvement Project (TS 1489-1))

Bill No. 179

By-law No. W.-5581(a)-137

A by-law to amend by-law No. W.-5581-134 entitled, “A by-law to authorize the Richmond Street and Fanshawe Park Road Intersection Improvements. (Project No. TS1134)”. (2.1/8/CWC)

Bill No. 180

By-law No. Z.-1-192744

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 3900 Scotland Drive, 3777 Westminster Drive, and 5110 White Oak Road. (3.2/8/PEC)

Bill No. 181

By-law No. A.-7854-138

A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Southwest Sun Property Corp., for the sale of the City owned industrial land, described as Lot 28 of Plan 33M - 251, being part of Trafalgar Industrial Park, Phase III and to authorize the Mayor and the City Clerk to execute the Agreement. (6.1/11/CSC)

14.   Adjournment

Motion made by S. Lewis

Seconded by E. Peloza

That the meeting adjourn.

Motion Passed

The meeting adjourned at 5:50 PM.