August 15, 2017 Halifax Regional Council

Date:

Time: 10:00 a.m., Reconvene 6:00 p.m.

Location: Council Chamber

Agenda

1. CALL TO ORDER

2. SPECIAL COMMUNITY ANNOUNCEMENTS & ACKNOWLEDGEMENTS

3. APPROVAL OF MINUTES – July 18, 2017 [PDF]

4. APPROVAL OF THE ORDER OF BUSINESS AND APPROVAL OF ADDITIONS AND DELETIONS

5. BUSINESS ARISING OUT OF THE MINUTES
6. CALL FOR DECLARATION OF CONFLICT OF INTERESTS
7. MOTIONS OF RECONSIDERATION – NONE
8. MOTIONS OF RESCISSION – NONE
 
9. CONSIDERATION OF DEFERRED BUSINESS – June 13, 2017
9.1
Bloomfield Property Disposal Process [PDF]
Motion:
That Halifax Regional Council:
1. Categorize the Bloomfield Property, located at 2748-86 Agricola Street, as Economic Development, pursuant to Administrative Order 50 Respecting the Disposal of Surplus Real Property;
2. And direct staff to explore incorporating the following principles of the Bloomfield Master Plan concept through a combination of plan policies and/or as conditions of sale:
•    10,000 square feet of commercial market space, targeted to creative industry;
•    20,000 square feet of affordable community and cultural space; and,
•    20 percent of the site as open space, public and private; and,
3. Explore incorporating affordable housing, as a condition of sale, consistent with policy direction to be set out in the Center Plan.

10. NOTICES OF TABLED MATTERS – NONE

11. PUBLIC HEARINGS – 6:00 P.M.
11.1 By-law N-200,
Respecting Noise – Exemption Application – King’s Orientation Week [PDF]
Motion:
That Halifax Regional Council approve the University of King’s College Students’ Union’s application for an exemption from the provisions of the Noise By-Law pursuant to the contents of the staff report dated June 23, 2017.

11.2 By-law N-200, Respecting Noise – Exemption Application – Dalhousie Orientation and DALfest  [PDF]
Motion: 
That Halifax Regional Council approve the Dalhousie Student Union’s application for an exemption from the provisions of the Noise By-Law pursuant to the contents of the staff report dated June 23, 2017.

11.3 Administrative Order 50 Disposal of Surplus Real Property – PID#40675860, 80 Grono Road, Dutch Settlement
- Report [PDF]
- Applicant's Presentation [PDF]
- Staff Presentation [PDF]
Motion: 
That Halifax Regional Council:
1. Approve the sale of PID#40675860 80 Grono Road, Dutch Settlement, to the Riverline Activity Centre Association for the proposed less than market value price of $1.00 plus closing costs under the Community Interest Stream of Administrative Order 50 as per the proposed terms and conditions set out in the Discussion section of the staff report dated May 15, 2017; and
2. Authorize the Mayor and Municipal Clerk to enter into an Agreement of Purchase and Sale with Riverline Activity Centre Association for PID#40675860 80 Grono Road, Dutch Settlement, as per the terms and conditions set out in Table 1 of the staff report dated May 15, 2017.

11.4 Proposed By-Law L-137, an Amendment to By-Law L-100, Respecting Charges for Local Improvements - Fall River Water Servicing Update (Supplementary Report)
- Report [PDF]
- Presentation [PDF]
Motion: 
That Halifax Regional Council:
1. Approve amendments to the Regional Subdivision By-law to extend the Water Service Area in Fall River, as set out in Attachment B of the staff report dated March 10, 2017;
2. Adopt By-law L-137, respecting an amendment of By-law L-100, the Local Improvement By-law, as
provided in Attachment 2 of the supplementary staff report dated July 6, 2017, to set the charges for the installation of water servicing in Fall River and adjoining lots along Fall River Road to the Fall River Village Centre, Lockview Road to the Lockview School access, and McPherson Road;
3. Direct the Chief Administrative Officer (CAO) to negotiate a Contribution Agreement with Halifax Water for the transfer of the required project funds and to return to Council with the resulting Contribution Agreement for approval; and
4. Direct the Chief Administrative Officer (CAO) to apply for funding for federal/provincial funding respecting the expansion of water services in Fall River, including the addition of services along Highway #2, from near Fall River Road to the Highway 102 Overpass, and connect the existing system at Ingram Drive to Fall River Road.

Public Hearings - Frequently Asked Questions

12. CORRESPONDENCE, PETITIONS & DELEGATIONS
12.1 Correspondence 
12.2 Petitions

13. INFORMATION ITEMS BROUGHT FORWARD – NONE
 
14. REPORTS
14.1 CHIEF ADMINISTRATIVE OFFICER

14.1.1 Request for Permanent Encroachment – Saskatoon Drive [PDF]
Motion: 
That Halifax Regional Council not approve the application for Encroachment as described in the report dated July 25, 2017.

14.1.2 Proposed Administrative Order SC-85, Respecting Closure of a Portion of Metropolitan Avenue, Lower Sackville – Lot MA-1 [PDF]
Motion – Councillor Blackburn:
That Halifax Regional Council set a date for a public hearing to consider adopting the proposed Administrative Order SC-085, as contained in Attachment “B” of the staff report dated July 26, 2017, to close a portion of public street (Lot MA-1, Portion of Metropolitan Avenue, Lower Sackville).

14.1.3 Second Reading Proposed By-Law U-102 an Amendment to By-Law U-100, Respecting User Charges [PDF]
Motion:
That Halifax Regional Council adopt proposed By-law U-102, the purpose of which is to amend Schedule 1 of By-law U-100, Respecting User Charges, establishing the Low-Income Transit Pass Program as permanent, and permitting Halifax Transit staff to remove participants from the program after six months of inactivity, as set out in Attachment C to the staff report dated June 5, 2017.

14.1.4 Second Reading Proposed By-Law C-502 an Amendment to By-Law C-501, Respecting Vending on Municipal Lands [PDF]
Motion: 
That Halifax Regional Council adopt proposed By-law C-502, the purpose of which is to amend By-law C-501, the Vending on Municipal Lands By-law, to remove the following Vending locations from Schedule B: 
Schedule B (A) - Sites for Food Vending Vehicles: 
Site 7 - Wright Avenue, North Side, 105 metres West of Joseph Zatzman Drive 
Schedule B (B) – Sites for All Other Stands: 
Site 3 - Grafton Street, East Side, 71 metres North of Spring Garden Road. Non-Food. Merchandise Only. 
Site 5 - Grafton Street, East Side, 58 metres North of Spring Garden Road. Non-Food Merchandise Only. 
Site 6 - South Park Street, West Side, 96 meters South of Spring Garden Road.

14.1.5 First Reading Proposed By-Law S-445, an Amendment to By-Law S-400, Respecting Charges for Street Improvements - New Paving Projects outside the Core Area – 2016  [PDF]
Motion – Councillor Adams:
That Halifax Regional Council give First Reading to By-Law S-445, amending By-Law S-400, the Street Improvement By-law, as set out in Attachment 1 to the staff report dated June 22, 2017.

14.1.6 First Reading Proposed By-Law C-900, Respecting Charges for Stormwater from Municipal Streets - Stormwater Right-of-Way (ROW) Charge By-Law REVISED [PDF]
Motion – Councillor Walker:
That Halifax Regional Council give First Reading to By-Law C-900, the Charges for Stormwater from Municipal Streets By-law, as set out in Attachment 1 of the staff report dated July 27, 2017.  

14.1.7 Proposed Amendment to Administrative Order 17, Respecting Remuneration for Members of Council [PDF]
Motion – Councillor Nicoll:
That Halifax Regional Council adopt the amendments to Administrative Order 17, the Council Member Remuneration Administrative Order, including repealing Appendix A, as set out in Attachment 2 of the staff report dated June 30, 2017. 

14.1.8 Case 20160 – Municipal Planning Strategy (MPS) Amendments for 90 Club Road, Harrietsfield [PDF]
Motion: 
That Halifax Regional Council direct staff to:
1. Initiate a process to consider amendments to the Municipal Planning Strategy and Land Use By-law for Planning District 5 (Chebucto Peninsula) to enable the commercial conversion of a former satellite receiving station to a commercial use located at 90 Club Road, Harrietsfield; and
2. Follow the public participation program for municipal planning strategy amendments as approved by Regional Council on February 27, 1997.

14.1.9 Case 21168 – Municipal Planning Strategy (MPS) and Land Use By-law (LUB) amendments for 830, 834, 848, and 850 Highway 7, and 1 Broom Road, Westphal [PDF]
Motion: 
That Halifax Regional Council direct staff to:
1. Initiate a process to consider amendments to the Municipal Planning Strategy and Land Use By-law for Cole Harbour / Westphal to allow for automotive repair, office, and self-storage uses at 830, 834, 848, and 850 Highway 7, and 1 Broom Road, Westphal; and
2. Follow the public participation program for municipal planning strategy amendments as approved by Regional Council on February 27, 1997.

14.1.10 Case 21281 - Initiation of Regional Municipal Planning Strategy (RMPS) Amendments for Lands on The East Side of Scots Lake, Musquodoboit Harbour [PDF]
Motion:
That Halifax Regional Council direct staff to:
1. Initiate a process to consider site-specific amendments to the Regional Municipal Planning Strategy and the East Shore (West) Land Use By-law, as appropriate, regarding the development of certain 10-hectare (25-acre) lots on the east side of Scots Lake, Musquodoboit Harbour; and
2. Follow the public participation program for municipal planning strategy amendments as approved by Regional Council on February 27, 1997.

14.1.11 Cost-Shared Paving on Loriann Drive [PDF]
Motion: 
That Halifax Regional Council not include Loriann Drive for consideration under the Aid to Municipality Program in the 2017 fiscal year for the reasons provided in the staff report July 27, 2017.

14.1.12 HRM’s Role in Regulating Cannabis Related Businesses [PDF]
Motion: 
That Halifax Regional Council direct staff to:
1. Monitor Federal and Provincial initiatives concerning the legalization and regulation of cannabis for recreational use and report back to Council for further direction once there is greater clarity concerning HRM’s role in regulating the retail sale of cannabis products.
2. Initiate a process to consider amendments to the Regional Municipal Planning Strategy, Community Municipal Planning Strategies and community land use by-laws, as appropriate, regarding appropriate zones and land use controls for commercial cannabis production facilities and dispensaries that strive to balance economic development opportunities with concerns related to impacts on neighbouring properties.

14.1.13 Case 21145 – Incentive or Bonus Zoning Agreement – Mixed-Use Development at 1363 Hollis Street, Halifax (Bishop) – PID #00003897 [PDF]
Motion:
That Halifax Regional Council adopt, and authorize the Mayor and Clerk to enter into and execute, the incentive or Bonus Zoning Agreement as provided in “attachment B” of the staff report dated August 2, 2017 for the mixed-used development at 1363 Hollis Street, Halifax.

14.2 TRANSPORTATION STANDING COMMITTEE
14.2.1 Proposed Amendment to Administrative Order 1, Respecting the Procedure of the Council and Administrative Order 2017-005-GOV, Respecting the Advisory Committee on Accessibility in the Halifax Regional Municipality - Reporting Structure and Terms of Reference of the Accessibility Advisory Committee [PDF]
Motion – Councillor Outhit:
That Halifax Regional Council:
1. Adopt the amendments to Administrative Order 1 as set out in Attachment 2 of the staff report dated February 27, 2017, to direct that the Accessibility Advisory Committee report to the Executive Standing Committee; and
 2. Adopt Administrative Order 2017-005-GOV, Respecting the Advisory Committee on Accessibility in the Halifax Regional Municipality as set out in Attachment 3 of the staff report dated February 27, 2017.

14.2.2 First Reading Proposed By-Law P-505, an Amendment to By-Law P-500, Respecting Parking Meters for the Regulation of Parking of Vehicles Left Standing in the Halifax Regional Municipality [PDF]
Motion – Councillor Outhit:
That Halifax Regional Council give First Reading to By-Law P-505, the purpose of which is to amend By-Law P-500, Respecting Parking Meters, to allow the use of pay stations and payment options in addition to parking meters and coin-only payments, as set out in Attachment B to the staff report dated June 30, 2017.

14.2.3 Request for Letter to the Minister of Transportation and Infrastructure Renewal re: “Dooring”  [PDF]
Motion:
That Halifax Regional Council request the Mayor send a letter the Nova Scotia Minister of Transportation and Infrastructure Renewal in support of an amendment to the Motor Vehicle Act that prohibits people from opening their vehicle doors until it is reasonably safe to do so.

14.2.4 Implementation of the Macdonald Bridge Bikeway Connectors Project [PDF]
Motion:
That Halifax Regional Council:
1. Direct the CAO to proceed with the recommended approaches to implement the Macdonald Bridge Bikeway Connectors project as described in the Discussion section of the staff report dated May 17, 2017, subject to Regional Council approval of annual capital budgets and applicable tender award reports;
2. Direct the CAO to invite the Halifax Dartmouth Bridge Commission to develop an agreement that would clarify the roles and responsibilities of implementation of this project, particularly as it pertains to the proposed new structures that would be attached to existing Macdonald Bridge infrastructure;
3. Amend the Active Transportation Priorities Plan by designating the following as “candidate routes” Dickson Street, Faulkner Street and Wyse Road between Nantucket Avenue and Thistle Street; and,
4. Approve the installation of bike lanes on the following streets: Wyse Road between Nantucket Ave and Albro Lake Road; North Street between Gottingen Street and Agricola Street; Dickson Street, and Faulkner Street between Dickson Street and Wyse Road.
 

14.3 HALIFAX AND WEST COMMUNITY COUNCIL
14.3.1 Case 19535 – Amendments to the Municipal Planning Strategy (MPS) and Land Use By-law (LUB) for Timberlea/Lakeside/Beechville – 1831 St. Margarets Bay Road, Timberlea [PDF]
Motion: 
That Halifax Regional Council give First Reading to consider the proposed amendments to the Municipal Planning Strategy and the Land Use By-law for Timberlea/ Lakeside/ Beechville, as set out in Attachments A and B of the June 27, 2017 staff report, that would:
• re-designate 1831 St. Margarets Bay Road to the Commercial Core Designation;
• rezone 1831 St. Margarets Bay Road to the C-2 (General Business) Zone to enable a proposed development with restaurant, retail uses and office uses;
• reduce parking standards for restaurants;
• require new or expanded commercial parking in the C-2 Zone to be visually screened from abutting properties zoned or used for residential or community uses;
• require landscaping in the front yard of new or expanded commercial developments in the C-2 Zone, 
and schedule a public hearing.

14.3.2 Case 19722 – Amendments to the Halifax Municipal Planning Strategy (MPS) and Halifax Mainland Land Use By-Law (LUB) and Amending Development Agreement for 15 Shoreham Lane, Halifax [PDF]
Motion: 
That Halifax Regional Council give First Reading to consider the proposed amendments to the Municipal Planning Strategy for Halifax (MPS) and to the Land Use By-law for Halifax Mainland (LUB), as set out in Attachments A and B of the June 28, 2017 staff report, to enable additional commercial land uses, including a restaurant, in an existing commercial/office building located at 15 Shoreham Lane, Halifax, and schedule a joint public hearing with Halifax and West Community Council.
 

14.4 NORTH WEST COMMUNITY COUNCIL
14.4.1 Case 20211 - Amendments to the Municipal Planning Strategy and Land Use By-law for Bedford to allow service stations within the ILI (Light Industrial) Zone, Bedford [PDF]
Motion:
That Regional Council give First Reading to consider the proposed amendments to the Municipal Planning Strategy (MPS) and Land Use By-law (LUB) for Bedford, as set out in Attachments A and B of the staff report dated May 26, 2017, to permit service stations in portions of the Bedford Commons commercial area within the Light Industrial (ILI) Zone, Damascus Road, Bedford and schedule a public hearing.
 

14.5 HERITAGE ADVISORY COMMITTEE
14.5.1 Case H00453
– Substantial Alteration to Cornwallis Street Baptist Church, 5457 Cornwallis Street, Halifax, a municipally registered heritage property [PDF]
Motion:
That Halifax Regional Council approve the substantial alteration to the Cornwallis Street Baptist Church, 5457 Cornwallis Street, Halifax, as outlined in the June 30, 2017 staff report.
 

14.6 MEMBERS OF COUNCIL
14.6.1 Councillor Karsten
– Halifax Regional Municipality Community Events Float [PDF]
Motion:
That Halifax Regional Council request a staff report, with recommendations to obtain a new primary Halifax Regional Municipality Float, allowing for the existing float to be available for use at community events. 

14.6.2 Councillor Whitman – Amendments to By-Law E200 [PDF]
Motion:
That Halifax Regional Council request a staff report to consider amendments to by-law E-200 Respecting Encroachment upon, under or over a street that would allow Transportation and Public Works staff to proceed the approval process for encroachment license requests without council authorization.  

14.6.3 Councillor Zurawski – Request for Staff Report on Implementing a Science Advisory Position in HRM [PDF]
Motion:
That Halifax Regional Council Request a staff report to consider the implementation of a ‘science advisor’ position on staff to advise council on science issues. This report should include consultations with our universities, various science based institutes and of course HRM council and staff. It should answer issues related to what the requirements of such a position might be, the type of person(s), (qualifications, area of expertise etc.), association with outside institutes, remuneration, and whether it is a full time or part time position.
 

15. MOTIONS
15.1 Councillor Adams

That Halifax Regional Council request a staff report on possible amendments to By-law C-501, Respecting Vending on Municipal Lands to consider amendments to Section 39 that would enable existing site licenses to be applicable during special events or festivals.
 

16. IN CAMERA (IN PRIVATE)
Council may rise and go into a private In Camera session, in accordance with Section 19     of the Halifax Regional Municipality Charter, for the purpose of dealing with the following:

16.1 Personnel Matter 
Citizen and Councillor appointments to boards and committees in keeping with the Public Appointment Policy adopted by Regional Council in August 2011, to be found at https://www.halifax.ca/city-hall/boards-committees-commissions/volunteer-boards-committees/public-appointment-policy 

16.1.1 Appointment of Vice President (Experience and Engagement), Halifax Convention Centre Corporation – Private and Confidential Report 
Motion: 
That Halifax Regional Council:
1. Approve the appointment as outlined in the private and confidential report dated May 9, 2017 for the Halifax Convention Centre Corporation;
2. Authorize the Chief Administrative Officer to provide written consent for the appointment, as required under the Halifax Convention Corporation Act; and 
3. Withhold release of the private and confidential report dated May 9, 2017 to the public until the employment contract has been executed by all parties.

16.2 Intergovernmental Relations
A matter pertaining to any subject, the discussion of which could, violate the confidentiality of information obtained from another body of government, or a public body. 

16.2.1 Intergovernmental Matter– Private and Confidential Report
Motion: 
That Halifax Regional Council convene to in camera. 

16.2.2 Halifax Port Authority Presentation – Private and Confidential Report
Motion: 
That Halifax Regional Council convene to in camera. 

Private and Confidential Information Items
1. Private and Confidential In Camera (In Private) Information Report - re: Administrative Order 50 Disposal of Surplus Real Property – PID#40675860, 80 Grono Road, Dutch Settlement
 

17. ADDED ITEMS

17.1 Award - Unit Tender Price No. 17-245 Sackville Greenway Phase 3 - Central Region [PDF]
Motion:
That Halifax Regional Council Award Tender No. 17-245 Sackville Greenway Phase 3 - Central Region to the lowest bidder meeting specifications, Brycon Construction Limited for a Total Tender Price of $1,272,290 (net HST included) with funding from Project Account No. CTU00420 - Active Transportation, as outlined in the Financial Implications section of the staff report dated August 9, 2017.

18. NOTICES OF MOTION

19. ADJOURNMENT
 

INFORMATION ITEMS
August 15, 2017

1 . Proclamation – National Acadian Day – August 15, 2017 [PDF]

2. Proclamation – Highlanders Freedom of the City – August 18, 2017 [PDF]

3. Memorandum from the Director of Finance and Asset Management dated July 4, 2017 re: Award of Contracts – Quarterly Report [PDF]

4. Memorandum from the Municipal Clerk dated August 8, 2017 re: Requests for Presentation to Council -Friends of Simon Wiesenthal Center [PDF]