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Council
MINUTES
TWENTIETH MEETING
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October 11, 2016
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The Council meets in Regular Session in the
Council Chambers this day at 4:01 PM.
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PRESENT: Mayor M. Brown and Councillors M.
van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J.
Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher and T. Park and
C. Saunders (City Clerk).
ABSENT: Councillor J. Zaifman.
ALSO PRESENT: A. Zuidema, G. Bridge, S.
Datars Bere, B. Coxhead, J.M. Fleming, T. Gaffney, K. Graham, M. Hayward, P.
Kokkoros, L. Livingstone, J. Lucas, V. McAlea Major, D. Mounteer, D. O’Brien,
J. Ramsey, M. Ribera, L.M. Rowe, K. Scherr, E. Soldo, J. Stanford, G.
Thompson, B. Warner and B. Westlake-Power .
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At the beginning of the Meeting all Members
are present, except Councillor J. Zaifman.
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None.
None.
None.
Motion made by Councillor M. van Holst and
seconded by Councillor J. Helmer to Approve that pursuant to section 6.4 of
the Council Procedure By-law, the order of business be changed to permit
consideration of Stage X- Deferred Matters at this time, prior to Part IV –
Council, In Closed Session.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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MOTION FOR IN CAMERA SESSION
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Motion made by Councillor P. Hubert and
seconded by Councillor A. Hopkins to Approve that Council rise and go into
Council, In Closed Session with respect to the following matters:
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g)
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A matter pertaining to instructions and
directions to officers and employees of the Corporation pertaining to a lease
amendment; advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; reports or advice or
recommendations of officers and employees of the Corporation pertaining to a
proposed lease amendment; commercial and financial information supplied in
confidence pertaining to the proposed lease amendment, the disclosure of
which could reasonably be expected to prejudice significantly the competitive
position or interfere significantly with the contractual or other
negotiations of the Corporation, result in similar information no longer
being supplied to the Corporation where it is in the public interest that
similar information continue to be so supplied, and result in undue loss or
gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition that belongs to
the Corporation that has monetary value or potential monetary value;
information concerning the proposed lease amendment whose disclosure could
reasonably be expected to prejudice the economic interests of the
Corporation or its competitive position; information concerning the proposed
lease amendment whose disclosure could reasonably be expected to be injurious
to the financial interests of the Corporation; and instructions to be applied
to any negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed lease amendment. (C2/21/CSC)
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
The Council rises and goes into the Council,
in Closed Session, at 4:08 PM, with Mayor M. Brown in the Chair and all
Members present except Councillor Zaifman.
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The Council, In Closed Session, rises at
4:20 PM and Council reconvenes in public session at 4:23 PM, with Mayor M.
Brown in the Chair and all Members present except Councillor Zaifman.
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Motion made by Councillor M. van Holst and
seconded by Councillor J. Helmer to Approve the Minutes of the Nineteenth
Meeting, held on September 27, 2016.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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Motion made by Councillor B. Armstrong and
seconded by Councillor J. Helmer to Approve receipt and referral of the
following communication, as noted on the Agenda.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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None.
Councillor
J. Helmer presents.
Motion made by Councillor J. Helmer to
Approve clauses 1 to 20, excluding clauses 7 and 13.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the 9th Report of the Cycling Advisory
Committee from its meeting held on September 21, 2016 BE RECEIVED.
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the appointment of a Consulting
Engineer for the Wonderland Road South Improvements (Manning Drive to South
City Limits) Project:
a) Stantec
Consulting Limited, BE APPOINTED Consulting Engineers for the detailed design
and tendering for the project at an upset amount of $227,669.75, excluding
H.S.T., in accordance with Section 15.2 (e) of the Procurement of Goods and
Services Policy;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated October 4, 2016 as Appendix 'A';
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents including rail-related agreements, if required, to give effect to
these recommendations. (2016-A05)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to Southwest Ontario Public
Transportation Opportunities:
a) the
principles of the New Directions: Advancing Public Transportation in
Southwestern Ontario report BE ENDORSED; and,
b) the
Ministry of Transportation BE REQUESTED to develop an integrated multi-modal
Public Transportation Master Plan for Southwestern Ontario, in partnership
with the Government of Canada, Southwestern Ontario municipalities, and the
public transportation service providers (VIA Rail, Metrolinx and the Ontario
Motor Coach Association) serving the region. (2016-T10)
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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 October 4, 2016 as
Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on
October 11, 2016 for the purpose of amending the Traffic and Parking By-law
(P.S. 111). (2016-T08)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
Street Light Design Standards appended to the staff report dated October 4,
2016 as Appendix 'A' BE APPROVED; it being noted a communication dated
September 30, 2016 from P. Hiscocks, Chair, Committee on Light Pollution,
Royal Astronomical Society of Canada, Toronto Chapter, was received.
(2016-T01)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, with
concurrence of the Managing Director, Corporate Services and City Treasurer,
Chief Financial Officer, the following actions be taken with respect to the
Clean Water and Wastewater Infrastructure Fund:
a) the
list of projects set out in this report BE SUPPORTED for funding application
to Phase 1 of the Infrastructure Canada Clean Water and Wastewater
Infrastructure Fund; it being noted that not all of the work will be applied
for;
b)
the Civic Administration BE DIRECTED to take all necessary steps to submit
the City of London’s application for funding in advance of the program
deadline;
c) the
Civic Administration BE DIRECTED to report back to the Civic Works Committee
with respect to staff resourcing and a management structure to deliver an
enhanced capital program; and,
d) the
Federal and Provincial Governments BE REQUESTED to direct any remaining Phase
1 funding from the City’s allocation to Phase 2 of the Clean Water and
Wastewater Infrastructure program. (2016-F11)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the staff
report dated October 4, 2016 with respect to Foundation Drain Disconnection
to Mitigate Basement Flooding BE RECEIVED for information.(2016-D03)
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That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the staff report dated October
4, 2016 with respect to an update and next steps - London Waste to Resources
Innovation Centre and Green Shields Energy BE RECEIVED for
information.(2016-E07)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer and on the
advice of the Director, Environment, Fleet and Solid Waste, the following
actions be taken with respect to the award of the work outlined in Request
for Proposals (RFP) 16-37 EnviroDepot Operation and Management Program:
a) the
proposal submitted by Try Recycling Inc., for the provision of service with
respect to the EnviroDepot Operation and Management Program BE ACCEPTED in
accordance with Procurement of Goods and Services Policy, Section 8.5 a) i;
at their quoted 2017 Annual Fixed Price Depot Operating Management Fee for
two depots of $199,000.00 per year, and quoted 2017 Unit Rates for
transporting depot materials, H.S.T. extra; it being noted that:
i) the
proposed Annual Fixed Price Management Fee and Unit Rates will be adjusted
annually for inflation by the Consumer Price Index;
ii) the
term of contract will be six (6) years, beginning January 1, 2017, with two
(2), one (1) year options at the sole discretion of the City; and,
iii) the
proposed total annual fee for service is based on the Annual Fixed Price
Depot Operating Management Fee plus the Unit Rates multiplied by the actual
units managed (tonnes or lifts) per year;
b) to
address Council direction provided to Civic Administration on November 10,
2015 with respect to the Northend EnviroDepot located at Try Recycling, the
unique proposal submitted by Try Recycling Inc., for the provision of service
with respect to the EnviroDepot Operation and Management Program at the
Northend EnviroDepot located at 21462 Clarke Rd., BE ACCEPTED in accordance
with Procurement of Goods and Services Policy, Section 8.5 a) i; at their
quoted 2017 Annual Fixed Price Depot Operating Management Fee of $61,284.64
per year, and the 2017 quoted Unit Rates for transporting depot materials,
H.S.T. extra; it being noted that:
i) the
proposed Annual Fixed Price Management Fee and Unit Rates will be adjusted
annually for inflation by the Consumer Price Index;
ii) the
term of contract will be six (6) years, beginning January 1, 2017, with two
(2), one (1) year options at the sole discretion of the City; and,
iii) the
proposed total annual fee for service is based on the Annual Fixed Price
Depot Operation Management Fee plus the Unit Rates multiplied by the actual
units managed (tonnes or lifts) per year;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase;
d) the
Approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal agreement or having a purchase order, or contract record relating to
the subject matter of this approval; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
document, if required, to give effect to these recommendations. (2016-F17)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer and on the
advice of the Director, Environment, Fleet and Solid Waste the following
actions be taken with respect to landfill gas utilization:
a) the
Civic Administration BE AUTHORIZED to prepare an application to the
Independent Electricity System Operator’s Feed-In Tariff Program for a 500
kilowatt landfill gas power plant which will use about 20 percent of the
annual landfill gas produced;
b) the
Civic Administration BE AUTHORIZED to undertake all administrative acts in
regard to the Feed-In Tariff Program application;
c) the
proposed By-law appended to the staff report dated October 4, 2016 as Appendix
'3' BE INTRODUCED at the Municipal Council Meeting of October 11, 2016 to
approve and authorize the execution of documents with respect to Prescribed
Forms for Participation in Ontario’s Feed-In Tariff program between the
Independent Electricity System Operator and The Corporation of the City of
London;
d) the
Civic Administration BE DIRECTED to examine renewable natural gas production
as the preferred option for utilization of the remaining volume of landfill
gas at the W12A Landfill; and,
e) the
Civic Administration BE DIRECTED to report back to the Civic Works Committee
on the options for the production of renewable natural gas from landfill gas;
it being noted that
the Civic Works Committee received the attached revised page 92 of the
Civic Works agenda, which reflects corrections to the financial analysis
contained therein. (2016-E17)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the appointment of a Consulting
Engineer for the Master Servicing Study for the Huron Industrial Area:
a) Stantec
Consulting Ltd. BE APPOINTED to carry out the Master Servicing Study for the
Huron Industrial Area in the City of London, in the total amount of
$87,773.00, in accordance with the estimate on file, 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 consultant may obtain approval to proceed with subsequent phases of
engineering for this project subject to satisfying all financial, reporting
and other conditions contained within this Policy;
b) the
financing for the work identified in a), above, BE APPROVED in accordance
with the Sources of Financing Report appended to the staff report dated October
4, 2016 as Appendix 'A';
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this work;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2016-A05)
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That, on the recommendation of the Managing
Director Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to Tender 12-76 Contract Renewal:
a) the
Civic Administration BE AUTHORIZED to proceed with the Tender 12-76 Contract
Renewal, for its final year (2016-2017 winter season), for the supply and
delivery of highway salt by K + S Windsor Salt Ltd., at a negotiated price of
$64.77 per tonne, delivery included, H.S.T. extra;
b) the
Civic Administration BE AUTHORIZED to undertake all of the administrative
acts that are necessary in connection with this contract;
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing purchase orders or contract record relating to
these matters of this approval. (2016-F18)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the staff
report dated October 4, 2016 with respect to the Winter Maintenance Program -
Salt Management Plan Update BE RECIEVED for information.(2016-T06)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the consulting engineer
appointment for the Mud Creek Municipal Class Environmental Assessment (ES2681):
a) the
engineering fees for CH2M Hill Company BE INCREASED by $150,000.00, including
contingency, from $318,312.00 to a total Environmental Assessment cost of
$468,312.00, excluding H.S.T., to address stakeholder comments and finalize
the Mud Creek Municipal Class Environmental Assessment process, in accordance
with the estimate on file, which is based upon the Fee Guideline for
Professional Engineering Services, 2015, recommended by the Ontario Society
of Professional Engineers, and in accordance with Section 15.2 (g) of the
Procurement of Goods and Services Policy;
b) the
financing for these works BE APPROVED in accordance with the Sources of
Financing Report appended to the staff report dated October 4, 2015 as
Appendix 'A';
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with these works;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contracts with these consultants for the works; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contracts or other
documents, if required, to give effect to these recommendations;
it being noted that the Civic Works
Committee received the attached presentation from S. Mather, Manager,
Stormwater, and a communication dated September 30, 2016 from M. Hannay, the
MBTW Group, with respect to this matter. (2016-A05)
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That the following actions be taken with
respect to the 8th Report of the Transportation Advisory Committee (TAC) from
its meeting held on September 6, 2016:
a) the
Civic Administration BE ADVISED that the Transportation Advisory Committee
(TAC) expressed its support of child minding at Public Participation Meetings
of Municipal Council and Standing Committees and the need for the provision
of child minding services at Advisory Committee meetings, as this initiative
may encourage interested individuals who may not otherwise be able to
participate, due to lack of available childcare;
b) the
following actions be taken with respect to the 2016 Transportation Advisory
Committee Workplan:
i) the
Civic Administration BE REQUESTED to attend a future meeting of the TAC to
make a presentation with respect to Dundas Street as it relates to
transportation; and,
ii) the
revised attached 2016 Work Plan for the Transportation Advisory
Committee BE APPROVED; and,
c) clauses 1 to 6 and 9 to 12, BE
RECEIVED.
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That the Mayor BE REQUESTED to correspond
with the Minister of Children and Youth Services advising that the City of
London supports active communities including participation in road hockey and
other activities; it being noted that the Civic Works Committee received a
communication dated September 8, 2016, from Councillor M. van Holst, with
respect to Road Hockey – Letting Kits Play. (2016-T08)
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That the Civic Works Committee Deferred
Matters List, as at September 13, 2016, BE RECEIVED.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
Motion made by Councillor J. Helmer to
Approve clause 7.
That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the staff
report dated October 4, 2016 with respect to parking between the sidewalk and
roadway BE RECEIVED for information. (2016-T02)
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Motion made by Councillor B. Armstrong and
seconded by Councillor M. van Holst to Approve that clause 7 BE REFERRED back
to the Civic Works Committee, for further discussion and public consultation.
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Motion Failed
YEAS: B. Armstrong, S. Turner (2)
NAYS: M. Brown, M. van Holst, M. Salih, J.
Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley,
H.L. Usher, T. Park (12)
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The
motion to Approve clause 7 is put.
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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Motion made by Councillor J. Helmer to
Approve clause 13.
That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, with the
concurrence of the Managing Director, Corporate Services and City Treasurer,
Chief Financial Officer, the following actions be taken with respect to the
Public Transit Infrastructure Fund:
a) the
list of projects set out in the staff report dated October 4, 2016 and
approved London Transit Commission projects BE SUPPORTED for funding
application to Phase 1 of the Infrastructure Canada Public Transit
Infrastructure Fund;
b) the
Civic Administration BE DIRECTED to take all necessary steps to submit the
City of London’s application for funding in advance of the program deadline;
and,
c) the
Federal Government BE REQUESTED to direct any remaining Phase 1 funding from
the City’s allocation to the implementation of the Shift Rapid Transit
initiative in Phase 2 of the Public Transit Infrastructure Fund. (2016-F11)
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At 4:42 PM Mayor M. Brown places Councillor
P. Hubert in the Chair and leaves the meeting.
At 4:46 PM Mayor M. Brown enters the meeting
and resumes the Chair and Councillor P. Hubert takes his seat at the Council
Board.
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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Councillor
P. Squire presents.
Motion made by Councillor P. Squire to
Approve clauses 1 to 13, excluding clauses 7 and 9.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the following
actions be taken with respect to the 10th Report of the Environmental and
Ecological Planning Advisory Committee (EEPAC) from its meeting held on
September 15, 2016:
a)
the
EEPAC BE PERMITTED to review site plan applications that require either an
Environmental Impact Statement or a Subject Land Status Report; it being
noted that the EEPAC is presently only circulated if it is change in land use
or plan of subdivision; it being further noted that the EEPAC reviewed and
received a Notice dated August 3, 2016, from M. Corby, Senior Planner, with respect
to the application by Drewlo Holdings Inc., relating to the properties
located at 661 and 667 Talbot Street, was received;
b)
a
Working Group, consisting of S. Hall, S. Levin and R. Trudeau (lead) BE
ESTABLISHED to review the updated Sunninglea Scoped Environmental Impact
Study; it being noted that a Notice dated July 7, 2016, from A. Riley, Senior
Planner, Development Services, with respect to the application by Sunningdale
Golf and Country Ltd., relating to the property located at 379 Sunningdale Road
West, was received;
c)
the
Working Group comments appended to the 10th Report of the Environmental and
Ecological Planning Advisory Committee related to the Mud Creek Environmental
Assessment/ Environmental Impact Study BE FORWARDED to the Civic Administration
for consideration;
d)
the
Working Group comments appended to the 10th Report of the Environmental and
Ecological Planning Advisory Committee related to the Riverbend South Phase 2
Environmental Management Plan BE FORWARDED to the Civic Administration for
consideration;
e)
the
following actions be taken with respect to 2017 Environmentally Significant
capital projects:
i)
the
list of suggested Environmentally Significant capital project ideas appended
to the 10th Report of the Environmental and Ecological Planning Advisory
Committee BE FORWARDED to the Civic Administration for consideration; and,
ii)
the
Civic Administration BE REQUESTED to report back to the Environmental and
Ecological Planning Advisory Committee with respect to the projects that are
going to be undertaken in 2017;
f)
the
Working Group comments appended to the 10th Report of the Environmental and
Ecological Planning Advisory Committee related to the Vauxhall-Pottersburg
Sewer Line Connection Environmental Impact Study BE FORWARDED to the Civic
Administration for consideration; and,
g) clauses 1 to 8, 11 to 13, 17 to
20, 22, 24 and 25, BE RECEIVED.
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That the following actions be taken with
respect to the 5th Report of the Agricultural Advisory Committee (AAC) from
its meeting held on September 21, 2016:
a)
the
Civic Administration BE ADVISED that the AAC supports agricultural commercial
use that will permit the owner to sell and service farm machinery and
equipment and that all-terrain vehicles, utility vehicles and side-by-side
vehicles be included in the permitted use as it assists farmers in getting
around their farm; it being noted that the AAC reviewed and received a Notice
dated August 17, 2016, with respect to an application submitted by Hyde Park
Equipment Ltd., relating to the property located at 4166 Scotland Drive, was
received;
b)
the
Civic Administration BE ADVISED that the AAC expressed opposition to the
Official Plan Amendment proposed in the Notice dated September 7, 2016, from
L. Maitland, Planner I, with respect to an application submitted by Old Oak
Properties Inc., relating to the Southwest Area Secondary Plan for the
following reasons:
i)
the
Southwest Area Secondary Plan is large enough as it currently stands;
ii)
surface
parking lots negatively impact water health and water runoff;
iii)
there
is nothing to stop water runoff into Dingman Creek thereby polluting water
quality;
iv) a
blanket repealing of the Policy is preferred so that applications can be
reviewed on a case by case basis;
v) the
larger footprint of the building, with a surface parking lot, will impact
surrounding agricultural land, including the shadowing from the building;
and,
vi) the
potential increase of urban sprawl to the detriment of agricultural land;
c)
the
Ontario Ministry of Transportation BE REQUESTED to keep the AAC informed of
the progress of the detailed design and Class Environmental Assessment (EA)
Study for the Highway 401 reconstruction in Elgin County, Middlesex County
and the City of London; it being noted that the AAC reviewed and received a
Notice of Study Commencement dated August 8, 2016, from M. Bruder,
Environmental Planner, Stantec Consulting Ltd., with respect to this matter;
and,
d) clauses 1 to 5 and 9 to 13, BE
RECEIVED.
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That, on the recommendation of the Senior
Planner, Development Planning, the following actions be taken with respect to
the application of Norquay Buttonbush Land Corp., for properties located at
1200 and 1206 Cranbrook Road:
a) the
proposed by-law appended to the staff report dated October 3, 2016, BE
INTRODUCED at the Municipal Council meeting to be held on October 11, 2016,
to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the zoning FROM a Holding Residential R1 Special Provision
(h-108*R1-6(4)) Zone TO a Residential R1 Special Provision (R1-6(4)) Zone to
remove the “h-108” holding provision on properties located at 1200 and 1206
Cranbrook Road; and,
b) the
application to change the zoning on the remainder of the blocks within the
subdivision BE DEFERRED until such time as the lands are consolidated.
(2016-D09)
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That, on the recommendation of the Manager,
Development Services, the following actions be taken with respect to entering
into a subdivision agreement between The Corporation of the City of London
and Sifton Properties Limited, for the subdivision of land over Part of Lot
9, Concession 1, (Geographic Township of Westminster), City of London, County
of Middlesex, situated north of Commissioners Road East between Jackson Road
and Hamilton Road:
a) the
Special Provisions to be contained in a Subdivision Agreement between The
Corporation of the City of London and Sifton Properties Limited, for the
Victoria on the River Subdivision (39T-09502) Phase 3, appended to the staff
report dated October 3, 2016, 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 October 3, 2016,
as Schedule “B”, and,
c) the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any
amending agreements and all documents required to fulfill its conditions.
(2016-D12)
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That, on the recommendation of the Senior
Planner, Development Planning, based on the application of Pechecos
Contractors Ltd., relating to lands located at 4206 Perkins Road, the
proposed by-law appended to the staff report dated October 3, 2016, BE
INTRODUCED at the Municipal Council meeting to be held on October 11, 2016,
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 Light Industrial
(h-17.LI1/LI7) Zone TO a Light Industrial (LI1/LI7) Zone to remove the “h-17”
holding provision. (2016-D09)
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That the following actions be taken with
respect to the request for the establishment of a Hyde Park Business
Improvement Area:
a) the
Civic Administration BE REQUESTED to provide $50,000 funding from the
Operating Budget Contingency Reserve; and,
b) the
Civic Administration BE DIRECTED to take the steps necessary, in 2017, to
create a Hyde Park Business Improvement Area;
it being noted that the Planning and
Environment Committee received the attached presentation from D.
Szpakowski, President, Hyde Park Business Association. (2016-F11A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the award of contract for invasive species management in City
woodlands:
a) the
bid submitted by Clintar Landscape Management., 11 Artisans Crescent, London,
ON, N5V 4S1 at the tendered price of $268,275.00 (plus H.S.T.) BE ACCEPTED;
it being noted that the bid submitted by Clintar Landscape Management was the
only bid received, and meets the City’s specifications and requirements in
all areas;
b) the
financing for this project BE APPROVED as set out in the Source of Financing
Report appended to the staff report dated October 3, 2016;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and,
d) approval
hereby given BE CONDITIONAL upon the Corporation entering into a formal
contract, or having a purchase order or contract record relating to this
matter. (2016-F18)
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That delegation status BE GRANTED to K.
Millson, 2335765 Ontario Inc., at a future meeting of the Planning and
Environment Committee, concurrent with a detailed staff report, with respect
to the request for a Rehabilitation and Redevelopment Tax Grant, relating to
the property located at 300 Dundas Street; it being noted that the Planning
and Environment Committee reviewed and received a communication dated
September 26, 2016 from K. Millson, 2335765 Ontario Inc. and a communication,
in support of this request, dated September 21, 2016, from J. MacDonald, CEO
and General Manager, Downtown London with respect to this matter.
(2016-F11A)
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That delegation status BE GRANTED to D.
Mumford, Vice President, General Manager, Radio and Local TV Bell Media
London, Windsor/Detroit, Barrie/Toronto, at a future meeting of the Planning
and Environment Committee with respect to the request for exemption from the
enforcement of the Sign and Canopy By-law; it being noted that the Planning
and Environment Committee reviewed and received a communication dated
September 19, 2016, from D. Mumford, Vice President, General Manager - Radio
and Local TV Bell Media London, Windsor/Detroit, Barrie/Toronto, with respect
to this matter. (2016-P01)
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That the Deferred Matters List dated
September 6, 2016, BE UPDATED and items that have been addressed by the Civic
Administration BE REMOVED.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
Motion
made by Councillor P. Squire to Approve clause 7.
That the following actions be taken with
respect to the request for a Brownfield Incentive application for the Chelsea
Green subdivision (33M-686):
a) the
Civic Administration BE REQUESTED to report back at a future meeting of the
Planning and Environment Committee with an analysis of the Business Plan,
under the premise that it was still in the original ownership, recognizing
that the applicant includes the original ownership, relating to the removal
of contaminated soil in the Chelsea Green subdivision (33M-686); and,
b) the
Civic Administration BE REQUESTED to report back at a future meeting of the
Planning and Environment Committee, concurrent with the report noted in part
a) above, with respect to any potential exposures with respect to retroactive
approvals relating to this matter;
it being noted that the Planning and
Environment Committee heard the attached presentation from P. Hinde,
2423652 Ontario Ltd., and reviewed and received a communication dated August
15, 2016, from D. de Jong, 2423652 Ontario Ltd., and P. Aarts, Aar-Con
Enterprises Corp and a communication dated January 6, 2016, from D. de Jong,
2423652 Ontario Ltd, with respect to this matter. (2016-D09)
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, H.L. Usher, T. Park (13)
NAYS: S. Turner (1)
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Motion
made by Councillor P. Squire to Approve clause 9.
That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Manager of Urban
Regeneration, the following actions be taken with respect to the request for
the demolition of structures on heritage listed properties located at
479-485, 487 and 489 Talbot Street:
a) the
properties at 479-485, 487, and 489 Talbot Street BE REMOVED from the
Inventory of Heritage Resources (Register);
b) the
Chief Building Official BE ADVISED that the Municipal Council consents to the
demolition of the structures on these properties;
c) prior
to any demolition, measured drawings documenting the exterior volume of the
existing structures BE PROVIDED by the applicant and submitted to Planning
Services; and,
d) during
demolition, actions BE UNDERTAKEN by the applicant to salvage and store
original exterior materials including brick and exterior masonry from the
existing structures for re-use in a commemorative monument to be constructed
consistent with the applicable bonus zoning for the property;
it being noted that the Planning and
Environment Committee reviewed and received a communication dated September
28, 2016, from A-M. Valastro, 1-133 John 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 therewith. (2016-P10D/R01)
|
The Chair rules that a proposed amendment
to clause 10 would require the Municipal Council to approve a reconsideration
of the matter. Councillor S. Turner challenges the ruling of the Chair. Pursuant
to section 10.5 of the Council Procedure By-law the question “Shall the
ruling of the Chair be sustained?” is put.
|
Motion Failed
YEAS: M. Brown, B. Armstrong, M. Cassidy,
P. Hubert, V. Ridley, H.L. Usher, T. Park (7)
NAYS: M. van Holst, M. Salih, J. Helmer, P.
Squire, J. Morgan, A. Hopkins, S. Turner (7)
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At 5:18 PM Mayor M. Brown places Councillor
P. Hubert in the Chair and takes a seat at the Council Board.
At 5:23 PM Mayor M. Brown resumes the Chair
and Councillor P. Hubert takes his seat at the Council Board.
Part a) of clause 9 is put.
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Motion Passed
YEAS: M. Brown, M. van Holst, M. Salih, M.
Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, H.L. Usher, T. Park (10)
NAYS: B. Armstrong, J. Helmer, A. Hopkins,
S. Turner (4)
|
Part b) of clause 9 is put.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, H.L. Usher,
T. Park (11)
NAYS: J. Helmer, A. Hopkins, S. Turner (3)
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The balance of clause 9 is put.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
Councillor
J. Morgan presents.
Motion made by Councillor J. Morgan to
Approve clauses 1 and 3.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the Corporate Services Committee
Deferred Matters List, as of September 14, 2016, BE RECEIVED.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
Motion made by Councillor J. Morgan to
Approve clause 2.
That the Civic Administration BE DIRECTED
to take the necessary steps to implement audio recording of closed meeting
sessions, which would include a report back on the necessary policies and
procedures, etc. that would need to be put in place as part of the
implementation process.
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Motion made by Councillor V. Ridley and
seconded by Councillor P. Hubert to Approve referral of clause 2 back to the
Corporate Services Committee in order to receive further information from the
Civic Administration and to provide for additional discussion with respect to
this matter.
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At 5:47 PM Mayor M. Brown places Councillor
P. Hubert in the Chair and takes a seat at the Council Board.
At 5:48 PM Mayor M. Brown resumes the Chair
and Councillor P. Hubert takes his seat at the Council Board.
Motion Failed
YEAS: P. Hubert, V. Ridley (2)
NAYS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, S. Turner,
H.L. Usher, T. Park (12)
|
Motion
to Approve clause 2 is put.
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
S. Turner, H.L. Usher, T. Park (13)
NAYS: V. Ridley (1)
|
|
24th Report of the Corporate Services
Committee
|
Councillor
J. Morgan presents.
Motion
made by Councillor J. Morgan to Approve clauses 1 and 2.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
2.
|
Meeting with Members of Parliament
|
That the verbal presentations from the
following individuals with respect to the collective efforts of federal,
provincial and municipal representatives, on behalf of Londoners, BE RECEIVED:
a) Mayor Matt Brown;
b) Kate Young, MP - London West;
c) Peter Fragiskatos, MP - London
North Centre;
d) Irene Mathyssen, MP,
London-Fanshawe; and
e) Karen Vecchio, MP,
Elgin-Middlesex-London.
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
Motion
by Councillor P. Hubert to Approve the 7th and 8th Reports of the Audit
Committee.
Councillor
P. Hubert presents.
That it BE NOTED that no pecuniary
interests were disclosed.
|
Councillor
P. Hubert Presents
That it BE NOTED that no pecuniary
interests were disclosed.
|
That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
proposed by-law appended to the staff report dated October 5, 2016 as
Appendix A with respect to RFP 16-31 External Audit Services, BE INTRODUCED
at the Municipal Council meeting of Tuesday, October 11, 2016 to:
a) appoint
KPMG LLP as auditors for the Corporation and its Boards and Commissions and
Municipal entities for the five-year term beginning January 1, 2017, in
accordance with Section 296 of the Municipal Act, 2001;
b) approve
the Agreement with KPMG LLP, appended to the staff report dated October 5,
2016 as Schedule A to the by-law, with respect to the audit of the accounts
and transactions of The Corporation of the City of London and its Boards and
Commissions and Municipal entities; and,
c) authorize
the Mayor and the City Clerk to execute the Agreement approved in b), above.
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That, on the recommendation of
PricewaterhouseCoopers (PwC), the Quarterly Report on Internal Audit Results,
dated October 5, 2016, BE RECEIVED and the action plans identified in the
Report, BE IMPLEMENTED; it being noted that the aforementioned Report
included the following: Facilities Design & Construction: Construction of
higher risk assets, including Normal School; Development & Compliance
Services: Building Cash Controls; Human Resources: Succession Planning
(follow up from 2012 project); Review of administrative costs to Lake Huron
& Elgin Water Supply Boards; and Past Action Plans.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
At 5:58 PM Councillor J. Morgan leaves the
meeting.
Councillor
P. Hubert presents.
PRESENT: Mayor M. Brown and Councillors M.
van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan,
P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher and T. Park and C. Saunders
(City Clerk).
ABSENT: Councillor J. Zaifman.
ALSO PRESENT: A. Zuidema, G. Bridge, M.
Hayward, J. Lucas, D. Mounteer, L.M. Rowe, K. Scherr and B. Warner.
Motion made by Councillor P. Hubert to
Approve clauses 1 and 2 as follows:
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, Corporate Services and City Treasurer, Chief Financial Officer, on
the advice of the Manager of Realty Services, with the review and concurrence
of the Manager, Purchasing and Supply, the Lease Amending Agreement between
The Corporation of the City of London (the “Lessor”) and CBS Outdoor Canada,
now OUTFRONT Media Canada LP through Its General Partner OUTFRONT Media
Canada GP Co. (the “Lessee”), for eight (8) outdoor sign locations, BE
APPROVED for an additional term of one (1) year, at a base rent of
$104,000.00 per annum, payable in equal quarterly instalments, in advance,
subject to the same terms and conditions of the existing lease.
2. 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, on
the advice of the Manager of Realty Services, the request submitted by Arvin
Sango Canada, Inc. to extend its option to purchase until October 12, 2021,
over Part 1, Plan 33R-18098, being approximately 10.29 acres, in the City’s
Innovation Park, as outlined on the attached location map, BE
APPROVED.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, V. Ridley,
S. Turner, H.L. Usher, T. Park (13)
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At
5:59 PM Councillor J. Morgan enters the meeting.
Councillor M. Salih
enquires if the Civic Administration could provide an update at the October
18, 2016 Community and Protective Services Committee meeting with respect to
the status of the implementation of the Diversity Officer and the strategies
that will be utilized to assist with the attraction and retention of
qualified individuals who reflect the diversity of our community and how the
role of the Diversity Officer will evolve.
The City Manager
agreed to provide an update at the October 18, 2016 Community and Protective
Services Committee meeting.
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Motion made by Councillor J. Morgan and
seconded by Councillor J. Helmer to Approve that pursuant to section 20.2 of
the Council Procedure By-law, leave be given for the introduction of an
emergent motion to consider the communication dated October 6, 2016, from
Councillor J. Zaifman seeking support with respect to the discontinuance of
his stipend until such time as he is able to resume his duties.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
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At 6:08 PM Mayor M. Brown places Councillor
P. Hubert in the Chair and takes a seat at the Council Board.
At 6:10 PM Mayor M. Brown resumes the Chair
and Councillor P. Humber takes his seat at the Council Board.
Motion made by Councillor J. Morgan and
seconded by Councillor J. Helmer to Approve that the communication dated
October 6, 2016, from Councillor J. Zaifman, with respect to the
discontinuance of his stipend until such time as he is able to resume his
duties, BE SUPPORTED.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
|
Motion made by Councillor S. Turner and
seconded by Councillor B. Armstrong to Approve Introduction and First Reading
of Bill No. 368, Bill No.’s 370 to 374 and Added Bill No.’s 367 and 375.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
Motion made by Councillor S. Turner and
seconded by Councillor J. Helmer to Approve Second Reading of Bill No. 368,
Bill No.’s 370 to 374, inclusive and Added Bill No.’s 367 and 375.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
Motion made by Councillor M. van Holst and
seconded by Councillor J. Helmer to Approve Third Reading and Enactment of
Bill No 368, Bill No.’s 370 to 374, inclusive and Added Bill No.’s 367 and
375.
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Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins,
V. Ridley, S. Turner, H.L. Usher, T. Park (14)
|
Motion made by Councillor M. van Holst and
seconded by Councillor S. Turner to Approve Introduction and First Reading of
revised Bill No. 369.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Salih, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley,
S. Turner, H.L. Usher, T. Park (13)
NAYS: J. Helmer (1)
|
Motion made by Councillor B. Armstrong and
seconded by Councillor M. van Holst to Approve Second Reading of revised Bill
No. 369.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S.
Turner, H.L. Usher, T. Park (12)
NAYS: M. Salih, J. Helmer (2)
|
Motion made by Councillor H.L. Usher and
seconded by Councillor M. Cassidy to Approve Third Reading and Enactment of
revised Bill No. 369.
|
Motion Passed
YEAS: M. Brown, M. van Holst, B. Armstrong,
M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S.
Turner, H.L. Usher, T. Park (12)
NAYS: M. Salih, J. Helmer (2)
|
The
following Bills are enacted as by-laws of The Corporation of the City of
London:
Bill
No. 367
By-law
No. A.-7460-262
|
A
by-law to approve and authorize a Lease Amending Agreement between The
Corporation of the City of London and Outfront Media Canada LP through
Its General Partner OUTFRONT Media Canada GP Co.,
for the lease of City owned lands, for advertising purposes, as detailed in
the Lease Amending Agreement, and to authorize the Mayor and the City Clerk to
execute the Agreement. (C-2/21/CSC)
|
Bill
No. 368
By-law
No. A.-7456-258
|
A by-law to confirm
the proceedings of the Council Meeting held on the 11th day of
October, 2016. (City Clerk)
|
Bill
No. 369
By-law
No. A.-7457-259
|
(REVISED)
A by-law to repeal By-law A.-6634-94, being “A by-law to appoint John Braam
as City Engineer”. (City Clerk)
|
Bill
No. 370
By-law
No. A.-7458-260
|
A by-law to appoint
KPMG LLP auditors for The
Corporation of the City of London for a five
year term pursuant to section 296 of the Municipal Act, 2001; and to approve an
Agreement between The Corporation
of the City of London and KPMG LLP
with respect to providing external audit services
for the Corporation; and to authorize the
Mayor and the City Clerk to execute the Agreement. (2/8/AC)
|
Bill
No. 371
By-law
No. A.-7459-261
|
A by-law to authorize and approve an
application to the Independent Electricity System Operator (IESO), under the
Feed-In Tariff (FIT) Program with respect to a landfill gas fuelled power
plant at the City of London’s W12A Landfill and to delegate authority to the Managing
Director of Environmental & Engineering Services & City Engineer, or
their written designate, to execute all documents required as part of the
application process.
(12/14/CWC)
|
Bill
No. 372
By-law
No. PS-111-16161
|
A by-law to amend
By-law PS-111 entitled, “A by-law to regulate traffic and the parking of
motor vehicles in the City of London.” (5/14/CWC)
|
Bill
No. 373
By-law
No. Z.-1-162523
|
A by-law
to amend By-law No. Z.-1 to remove the holding provision from the zoning for
a portion of land located at 1200 and 1206 Cranbrook Road. (4/17/PEC)
|
Bill
No. 374
By-law
No. Z.-1-162524
|
(ADDED) A
by-law to amend By-law No. Z.-1 to remove the holding provision from the
zoning on lands located at 4206 Perkins Road. (6/17/PEC)
|
Bill
No. 375
By-law
No. A.-7461-263
|
(ADDED)
A by-law to approve and authorize an Option to Purchase Agreement between The
Corporation of the City of London and Arvin Sango Canada Inc., for property
located in Innovation Park, Phase III, identified as Part 1 of Plan
33R-18098, and to authorize the Mayor and the City Clerk to execute the
Agreement.
(C-1/23/CSC)
|
Motion
made by Councillor H.L. Usher and seconded by Councillor S. Turner to Approve
that the meeting adjourn.
Motion
Passed
The
meeting adjourns at 6:31 PM.
_________________________________
Matt
Brown, Mayor
_________________________________
Catharine
Saunders, City Clerk