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Council

MINUTES

18TH MEETING

 

September 13, 2016

 

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

 

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

 

ABSENT:  Councillor J. Zaifman.

 

ALSO PRESENT: A. Zuidema, G. Belch, G. Bridge, B. Coxhead, S. Datars Bere, K. Dawtrey, C. Dyck, J.M. Fleming, T. Gaffney, A. Hagan, M. Hayward, J. Kobarda, G. Kotsifas, L. Livingstone, V. McAlea Major, D. Mounteer, D. O’Brien, A. Patis, M. Ribera, L.M. Rowe, J. Stanford and B. Westlake-Power.

 

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

 

At 4:07 PM Councillor S. Turner enters the meeting. 

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor M. van Holst discloses a pecuniary interest in clause 2 of the 13th Report of the Civic Works Committee, having to do with the closing of part of Cedarpark Crescent, by indicating that he is employed by the Thames Valley District School Board.

 

Councillor S. Turner discloses a pecuniary interest in clause 11 of the 13th Report of the Civic Works Committee, having to do with the Lake Huron and Elgin Area Water Supply Systems, by indicating that his employer is involved with some of the applicable regulations. 

 

Councillor J. Morgan discloses a pecuniary interest in clause C-1 of the Confidential Appendix of the 20th Report of the Strategic Priorities and Policy Committee, having to do with a matter pertaining to personal matters including information about identifiable individuals, including municipal employees, with respect to employment-related matters, and advice and recommendations to officers and employees of the Corporation, including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation, by indicating that he is employed by Western University.

 

Mayor M. Brown discloses a pecuniary interest in clause 6 of the 15th Report of the Planning and Environment Committee, having to do with claimable works for 1030 Coronation Drive, Hyde Park, by indicating that he has an interest in a property owned by Carvest Properties Ltd.  

 

Councillor M. Salih discloses a pecuniary interest in clause 2 of the 13th Civic Works Committee, having to do with the closing of part of Cedarpark Crescent, by indicating that he owns a property nearby.

 

At 4:19 PM Councillor A. Hopkins leaves the meeting. 

 

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the Motions of Which Notice is Given to be dealt with at this time. 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

 

 

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

1.

(ADDED) Councillor P. Hubert and Councillor T. Park - Application by Rygar Properties Inc. re properties located at 100 Fullarton Street, 475-501 Talbot Street and 93-95 Dufferin Avenue (Z-8617)

 

Motion made by Councillor P. Hubert and seconded by Councillor V. Ridley to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 14 of the 15th Report of the Planning and Environment Committee to be dealt with at this time, prior to Part IV – Council, In Closed Session.

 

At 4:20 Councillor A. Hopkins enters the meeting. 

 

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)

 

 

15th Report of the Planning and Environment Committee

Councillor P. Squire presents.

 

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

 

14.

Properties located at 100 Fullarton Street, 475-501 Talbot Street and 93-95 Dufferin Avenue (Z-8617)

 

That the application by Rygar Properties Inc., relating to the properties located at 100 Fullarton Street, 475-501 Talbot Street and 93-95 Dufferin Avenue BE REFERRED back to the Civic Administration for further consultation with the applicant to amend the proposal to incorporate and retain the façade and depth of Camden Terrace as well as the properties located at 93 to 95 Dufferin Avenue and to report back at a future meeting of the Planning and Environment Committee;

 

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

 

·                     a communication dated August 25, 2016, from M. Whalley, 39-250 North Centre Road;

·                     a communication from G. Hodder, 20 Mayfair Drive;

·                     a communication dated August 4, 2016, from S. Bentley, Heritage London Foundation;

·                     a communication from J. Hunten and M. Tovey, ACO London;

·                     a communication dated August 31, 2016, from J. Grainger, 717-520 Wellington Street;

·                     a communication from M. Bloxam, ACO London Region Branch;

·                     a communication from R. Longley, By E-mail;

·                     a communication from M. Loft, 784 Wellington Street;

·                     a communication dated August 31, 2016, from D. Palmer, 133 Bruce Street;

·                     a communication from S. Lunau, 1096 Kingston Avenue;

·                     a communication dated September 2, 2016, from N. Tausky, 1017 Western Road; and,

·                     a communication from D. Menard, 273 Cathcart Street;

 

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 regarding this matter;

 

it being further noted that the Municipal Council referred this application back for further consideration after listening to extensive public participation and having extensive discussion about the heritage aspects of Camden Terrace.    (2016-D09)

 

At 5:02 PM His Worship Mayor M. Brown places Councillor P. Hubert in the Chair, and takes a seat at the Council Board. 

 

At 5:08 PM His Worship Mayor M. Brown resumes the Chair and Councillor P. Hubert resumes his seat at the Council Board. 

 

 

 

 

 

The motion to Approve clause 14 is put.

 

Motion Failed

 

YEAS: J. Helmer, A. Hopkins, S. Turner (3)

 

NAYS: 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)

 

Motion made by Councillor P. Squire and seconded by Councillor T. Park to Approve that, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Rygar Properties Inc., relating to the properties located at 100 Fullarton Street, 475-501 Talbot Street and 93-95 Dufferin Avenue:

 

a)        the proposed attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Downtown Area Bonus (DA1●D350●B-25) Zone, a Downtown Area (DA2) Zone and a Holding Downtown Area (h-3●DA2● D350) Zone TO a Downtown Area Bonus (DA2●D350●B(_)) Zone; it being noted that the Bonus Zone shall be implemented through one or more agreements to provide for an increased height of up to 129 metres and an increased density of up to 1200 units per hectare in return for the following services, facilities and matters which are generally described below and described in greater detail in the proposed by-law:

 

i)          a high-quality building design which is consistent with the Site Plans, Elevations and Renderings appended to the staff report dated September 6, 2016, as Schedule ‘1’ to the amending by-law and includes such features as:

 

A.          a modern architectural design that utilizes vision glass and spandrel glass (window-wall) as the primary form of cladding, contains a low proportion of exposed concrete and similar solid materials, and uses clear glass balcony barriers, all of which serve to mitigate the overall visual building mass and provide a light and refined appearance in the city skyline;

B.          a ground floor design that includes large proportions of clear glazing, active commercial uses with separate direct entrances to individual units and pronounced ceiling heights in order to create a vibrant pedestrian realm;

C.          a point-tower architectural style with tower floor-plates of less than 1,000m2 to minimize the overall mass, visual impact and sunlight disruption of these tall buildings; and,

D.          a visually interesting building cap that conceals and incorporates mechanical elements into the overall architectural design of the building and will contribute positively to the London skyline; 

 

ii)         heritage conservation through designation under Part IV of the Ontario Heritage Act, and the retention and incorporation of a significant portion of the listed heritage property at 93-95 Dufferin Avenue into Phase 3 of the proposed development, including the incorporation of the existing northerly and westerly facades into the development design as shown in Schedule “1” of the amending by-law as appended to the staff report dated September 6, 2016;

 

iii)         the commemoration of the Camden Terrace (479-489 Talbot Street) building through the salvage and documentation of materials, the construction of a commemorative monument which interprets significant heritage attributes of the Camden Terrace building facade on the rear wall of the internal lobby and commercial space utilizing original building materials, and the provision of plaques and/or interpretive signage as documented in the January 4, 2016 “Heritage Overview Report” prepared by Stantec Consulting Ltd. and further described in the August 19, 2016 “Commemoration Overview” letter appended to the staff report dated September 6, 2016;

 

iv)        the provision of an urban forecourt/plaza along Talbot Street that incorporates commemorative features to recognize the significance of Camden Terrace and includes the provision of two-storey clear glass panels along the abutting Talbot Street building façade to allow views to the aforementioned commemorative monument in perpetuity;

 

v)         a parking configuration and design that includes 4 levels of underground parking and may also include up to 3 levels of above grade structured parking that is fully screened from the public street by the proposed building;

           

vi)        various streetscape and public realm improvements including the provision of raised planters, enhanced pavement/surface treatments and street trees;

 

vii)       a public art contribution in the amount of $250,000;

 

b)        the proposed by-law appended to the staff report dated September 6, 2016, as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Section 4.21 (Road Allowance Requirements – Specific Roads) of Zoning By-law Z.-1, (in conformity with the Official Plan), to change the road allowance requirements for specific segments of Talbot Street;

 

c)        pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as:

 

i)          the change in building height is minor in nature; and,

 

ii)         the change in building height maintains the same form of development that has been vetted during the public circulation process;

 

d)        the Civic Administration BE DIRECTED to report back at a future meeting of the Planning and Environment Committee with a Notice under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, of the Municipal Council’s intention to designate the properties located at 93 and 95 Dufferin Avenue with a list of reasons generally reflecting the significant heritage attributes to be retained through the bonus zone as depicted in Schedule “1’ of the amending zoning by-law appended to the staff report dated September 6, 2016;

 

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

 

·                     a communication dated August 25, 2016, from M. Whalley, 39-250 North Centre Road;

·                     a communication from G. Hodder, 20 Mayfair Drive;

·                     a communication dated August 4, 2016, from S. Bentley, Heritage London Foundation;

·                     a communication from J. Hunten and M. Tovey, ACO London;

·                     a communication dated August 31, 2016, from J. Grainger, 717-520 Wellington Street;

·                     a communication from M. Bloxam, ACO London Region Branch;

·                     a communication from R. Longley, By E-mail;

·                     a communication from M. Loft, 784 Wellington Street;

·                     a communication dated August 31, 2016, from D. Palmer, 133 Bruce Street;

·                     a communication from S. Lunau, 1096 Kingston Avenue;

·                     a communication dated September 2, 2016, from N. Tausky, 1017 Western Road; and,

·                     a communication from D. Menard, 273 Cathcart Street;

 

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 regarding this matter;

 

it being further noted that the Municipal Council referred this application back for further consideration after listening to extensive public participation and having extensive discussion about the heritage aspects of Camden Terrace.    (2016-D09)

 

Motion Passed

 

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

 

NAYS: A. Hopkins, S. Turner (2)

 

At 5:23 PM Councillor M. Cassidy leaves the meeting. 

Motion made by Councillor M. Salih and seconded by Councillor M. van Holst to Approve that pursuant to section 6.4 of the Council Procedure Bylaw, the order of business be changed to permit consideration of Section XI Enquiries to be dealt with prior to Part IV – Council, in Closed Session.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

XI

ENQUIRIES

 

Motion made by Councillor M. Salih and seconded by Councillor V. Ridley to Approve that pursuant to section 11.4 of the Council Procedure By-law, that leave be given to add a Council, In Closed Session matter to receive information with respect to an enforcement matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

Motion made by Councillor M. Salih and seconded by Councillor V. Ridley to Approve the following reason to be added for Council In Closed Session:

 

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and advice and recommendations of officers and employees of the Corporation, including communication necessary for that purpose with respect to an enforcement matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor B. Armstrong and seconded by Councillor T. Park to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

 

a)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the Procurement of Goods and Services Policy and a request for a proposal (RFP 16-36); internal audit services, that closed July 28, 2016. (C1/20/CSC)

 

b)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one or more of the Corporation's associations, unions and employee groups. (C2/20/CSC)

 

c)

A matter pertaining to personal matters including information about identifiable individuals, including municipal employees with respect to employment related matters, and advice and recommendations of officers and employees of the Corporation including communications necessary for those purposes. (C3/20/CSC)

 

d)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of the Corporation’s associations or unions and litigation or potential litigation, including matters before administrative tribunals affecting the municipality including communications necessary for that purpose. (C4/20/CSC)

 

e)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. (C1/13/CWC)

 

                          f)          A matter pertaining to personal matters including information about identifiable individuals, including municipal employees with respect to employment related matters, and advice and recommendations of officers and employees of the Corporation including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation.  (C1/20/SPPC)

 

g)         (ADDED) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and advice and recommendations of officers and employees of the Corporation, including communication necessary for that purpose with respect to an enforcement matter.

 

                          h)         (ADDED) A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations, unions and employee groups and advice which is the subject of solicitor client privilege, including communications necessary for that purpose.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park (13)

 

The Council rises and goes into the Committee of the Whole, in camera, at 5:27 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy and J. Zaifman.

 

The Committee of the Whole rises at 6:17 PM and Council reconvenes at 6:21 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy, V. Ridley, H.L.  Usher and J. Zaifman.

 

II

RECOGNITIONS

 

1.

At 6:20 PM, the following City of London Employees, who have achieved 25 years of service during 2016, are recognized:

 

From London Police Services: Jeff Addley; Bruce Byers; Alison Caldwell; Bill Chantler; Mathew Drake; Sherry Joyes; Chris Lipscombe; J. D. Neal; Susan Petitpas; Carolyn Pickering; Eric Potasse; Vicki Redden; Cormack Smith; Robert Tubrett; Joseph Van Der Klugt; and Kerry White.

 

From Housing, Social Services, and Dearness Home: Dorota Banak; Sandra Bannister; Grace Bigec; Michael Davis; Franciska Gordon; Jill Harrison; Christina Hermann; Susan Kirkpatrick; Mina Miao; Terri Paradis; Kelly Ransom; Sandy Remisch; Deborah Rosehart; Annette Smith; Pat Smith; Wendy Stewart; Tim Suderman; Catherine Washington; and Bonnie Whitfield.

 

From Parks and Recreation Services: Lori Kelly; Lynn Loubert; Debbie Melo; L. Scott Oldham; Don Ormerod; Duncan Sanders; William Wallace; and Jeff Wischlinski.

 

Motion made by Councillor J. Helmer and seconded by Councillor B. Armstrong to Approve that Council recess.

 

Motion Passed

 

The Council recesses at 6:32 PM and reconvenes at 7:40 PM with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy, H.L. Usher and J. Zaifman.

 

 

VIII

REPORTS

 

 

20th Report of the Corporate Services Committee

Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1 to 8.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Expropriation of Land - Western Road Widening and Improvements Project (TS1489-1) (Relates to Bill No. 345)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Director, Roads and Transportation and the Manager of Realty Services, approval BE GIVEN to the expropriation of land as may be required for the Western Road Widening and Improvements Project between Oxford Street West and Platt’s Lane, and that the following actions be taken in connection therewith:

 

a)        application be made by The Corporation of the City of London as Expropriating Authority to the Council of The Corporation of the City of London as Approving Authority for the approval to expropriate the land required for Western Road widening and improvements between Oxford Street West and Platt’s Lane;

 

b)        The Corporation of the City of London serve and publish notice of the above application in accordance with the terms of the Expropriations Act;

 

c)        The Corporation of the City of London forward to the Chief Inquiry Officer any requests for a hearing that may be received and report such to the Council of The Corporation of the City of London for its information; and

 

d)          the by-law appended to the staff report dated September 6, 2016 as Schedule B BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to authorize the foregoing and direct the Civic Administration to carry out all necessary administrative actions.

 

3.

Employee Absenteeism 2016 Mid-Year Review Update

 

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the staff report dated September 6, 2016, with respect to the employee absenteeism 2016 mid-year review, BE RECEIVED for information purposes.

 

4.

Meeting with the Members of Provincial 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)        Deputy Premier, The Honourable Deb Matthews, Minister of Advanced Education and Skills Development and Minister Responsible for Digital Government;

 

c)         Peggy Sattler, M.P.P., London West;

 

d)         Teresa Armstrong, M.P.P., London-Fanshawe; and

 

e)         Jeff Yurek, M.P.P., Elgin-Middlesex-London.

 

5.

Appeal Under Section 2.9 of the Procurement of Goods and Services Policy

 

That the appeal under Section 2.9 of the Procurement of Goods and Services Policy by PricewaterhouseCoopers L.L.P. (PwC) BE DENIED as the bid with respect to Request for Proposal 16-36: Internal Audit Services was non-compliant given PwC failed to acknowledge all addenda; it being noted that the Corporate Services Committee received the following in public session, with respect to this matter:

 

a)         a written submission dated August 12, 2016 from C. Shah, PwC;

 

b)        a staff report dated September 6, 2016, from the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer;

 

c)         the attached verbal delegation from C. Shah, PwC; and

 

d)        a verbal delegation from the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer.

 

6.

Pay Equity

 

That the Civic Administration BE REQUESTED to provide a report, at a future meeting of the Corporate Services Committee, outlining what processes and practices The Corporation of the City of London has in place to ensure that provincial legislation regarding pay equity is being met, identifying any gaps that are currently in place, advising what enhancements and steps Municipal Council could take to address any gaps and the timelines to address those gaps; it being noted that the City of London must demonstrate leadership in this area for employers across the city.

 

7.

The Roast - Request for Designation as a Municipally Significant Event

 

That the Roast, an annual outdoor BBQ to be held on Friday, October 7, 2016, in Old East Village at 792 Dundas Street, BE DESIGNATED as an event of municipal significance in the City of London.

 

8.

London Township Treaty – Anniversary Recognition

 

That the City Clerk BE DIRECTED to bring forward, at a future meeting of the Corporate Services Committee, an amendment to Council Policy 16(21) Flags at City Hall to provide for the flying of the First Nations flag on the Community Flag Pole on September 7th of each year to recognize the anniversary of the “London Township Treaty”.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SEVENTHEENTH MEETING HELD ON AUGUST 30, 2016

 

Motion made by Councillor J. Morgan and seconded by Councillor B. Armstrong to Approve the Minutes of the Seventeenth Meeting, held on August 30, 2016.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

VI

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor P. Hubert and seconded by Councillor J. Helmer to Approve receipt and referral of the following communications, as noted on the Added Agenda:

 

1.

Properties located at 100 Fullarton Street, 475-501 Talbot Street and 93-95 Dufferin Avenue (Z-8617) (Refer to the Planning and Environment Committee stage for consideration with clause 14 of the 15th Report of the Planning and Environment Committee.)

 

a)

M. Campbell, Zelinka Priamo Ltd.

 

b)

G. Hutchison, By E-mail

 

c)

(ADDED) J. Hunten, 253 Huron Street

 

 

 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

 

13th Report of the Civic Works Committee

Councillor J. Helmer presents.                            

 

Motion made by Councillor J. Helmer to Approve clauses 1, 4 to 8, 10 and 12 to 14.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor M. van Holst declared a pecuniary interest in clause 2 of this Report, having to do with the closing of part of Cedarpark Crescent, by indicating that he is employed by the Thames Valley District School Board.

 

4.

Unmanned Air Vehicles (UAV) use in the Municipal Government Environment

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated September 7, 2016, with respect to the use of Unmanned Air Vehicles (“UAV’s”) BE RECEIVED for information.   (2016-V02)

 

5.

Exercise Renewal Options Curbside Collection and Material Recovery Facility Operations Contracts - Miller Waste Systems

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the provision of Curbside Collection and Material Recovery Facility Operations Contracts provided by Miller Waste Systems Inc.:

 

a)        the renewal of the contracts with Miller Waste Systems Inc. for the collection of recyclables in London and the collection of garbage and yard materials in the southwest portion of the city, including Lambeth, Riverbend and Settlement Trail, and Material Recovery Facility operations, for one (1) year from October 30, 2017 to October 30, 2018, as provided in the existing, amended agreements in accordance with Procurement of Goods and Services Policy, Section 8.5 a. v, and Section 20.2. BE APPROVED; and,

 

b)        the Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with this matter. (2016-E07)

 

6.

Municipal Waste and Resource Materials Collection By-law Amendment (Relates to Bill No. 349)

 

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 September 7, 2016 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend the Municipal Waste & Resource Collection By-law (WM-12) to increase the number of Container Limit Exemption Pickups from 2 to 4 pickups per year, effective October 1, 2016.  (2016-E07)

 

7.

Supply and Delivery of Water Meters and Electronic Radio Transmitters Single Source Procurement

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to EMCO Waterworks Corporation Supply and Delivery of Water Meters and Electronic Radio Transmitters – Single Source Procurement:

 

a)        a Single Source contract with EMCO Corporation Waterworks BE APPROVED for the supply and delivery of 32,000 Electronic Radio Transmitters (ERT’s), at a value of $2,368,000.00, plus H.S.T.; it being noted that this will be a single source contract in accordance with Section 14.4 (d) of the Procurement of Goods and Services Policy;

 

b)        a Single Source contract with EMCO Corporation Waterworks BE APPROVED for the supply and delivery of 32,000 Positive Displacement Cold Water Meters, at an estimated value of $2,240,000.00, plus H.S.T.; it being noted that this will be a single source contract in accordance with Section 14.4 (d) of the Procurement of Goods and Services Policy;

 

c)        the funding for these purchases BE APPROVED as set out in the Source of Finance Report appended to the staff report dated September 7, 2015 as Appendix 'A';

 

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

 

e)        the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing purchase orders or contract record relating to the subject matter of this approval; and,

 

f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2016-L04/F18)

 

8.

Water Meter Location Options for Residential Customers

 

That, on the recommendation of the Director, Water and Wastewater, the staff report dated September 7, 2016 with respect to the water meter location options for residential customers BE RECEIVED for information.  (2016-E08)

 

10.

London Transit Commission - London Transit Commission's 2015 Annual Report

 

That the London Transit Commission 2015 Annual Report, dated April 27, 2016, BE RECEIVED for information; it being noted that the Civic Works Committee heard a verbal overview from S. Rooth, Chair, London Transit Commission, with respect to this matter.  (2016 - T03/C12)

 

12.

Bannister Municipal Drain Improvements (Relates to Bill No. 355)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer the following actions be taken with respect to the Bannister Municipal Drain Improvements:

 

a)        the Drainage Report, appended to the staff report dated September 7, 2016 as Appendix 'A', prepared by Spriet Associates London Ltd, Consulting Engineers for the construction of the Bannister Municipal Drain (2016), BE ADOPTED; it being noted that the notice of the public meeting was provided in accordance with the provisions of Section 41 of the Drainage Act; and,

 

b)        the proposed by-law appended to the staff report dated September 7, 2016 as Appendix ‘B’ BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 and BE GIVEN two readings to authorize the construction of the Bannister Municipal Drain-2016 project; it being noted that the third reading and enactment of the by-law would occur after the holding of the Court of Revision in connection with the project;

 

it being noted that the Civic Works Committee received a verbal presentation from S. Mathers, Division Manager, with respect to this matter;

 

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached Public Participation Meeting Record made an oral submission in connection with this matter.  (2016-E09)

 

13.

Curbside Snowplow Damage

 

That the communication dated August 2, 2016, from Councillor V. Ridley, with respect to curbside snowplow damage, BE RECEIVED.  (2016-T06/L04) 

 

14.

Deferred Matters List

 

That the Civic Works Committee Deferred Matters List, as at August 30, 2016, BE RECEIVED. 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

Motion made by Councillor J. Helmer to Approve clause 2.

 

2.

Closing of Part of Cedarpark Crescent

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to closing part of Cedarpark Crescent:

 

a)        the closing of the southerly projection or “hammerhead” portion of Cedarpark Crescent on plan 33M-640 BE APPROVED; and,

 

b)        the Chief Surveyor BE AUTHORIZED to initiate the process of legally stopping up and closing that part of Cedarpark Crescent as public highway by by-law subject to a reference plan acceptable to the City being provided by the applicant.  (2016-T09)

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (10)

 

RECUSED: M. van Holst (1)

 

Motion made by Councillor J. Helmer to Approve clause 3.

 

3.

London ON Bikes Cycling Master Plan

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the Managing Director, Planning and City Planner and the Managing Director, Parks and Recreation, the following actions be taken with respect to the London ON Bikes Cycling Master Plan:

                           

a)         the Master Plan Report BE ACCEPTED; 

 

b)         a Notice of Completion BE FILED with the Municipal Clerk; and,  

 

c)          the Master Plan Report BE PLACED on public record for a 30-day review period.  (2016-T05)

 

Motion made by Councillor J. Helmer and seconded by Councillor T. Park to Approve an amendment to clause 3, to add a new part d), as follows:

 

“d)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee on a potential extension of the planned cycle track on Queens Avenue, from Colborne Street to Quebec Street;”

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

Motion made by Councillor J. Helmer and seconded by Councillor T. Park to Approve clause 3, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (12)

 

Clause 3, as amended, reads as follows:

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the Managing Director, Planning and City Planner and the Managing Director, Parks and Recreation, the following actions be taken with respect to the London ON Bikes Cycling Master Plan:

                           

a)         the Master Plan Report BE ACCEPTED; 

 

b)         a Notice of Completion BE FILED with the Municipal Clerk;  

 

c)         the Master Plan Report BE PLACED on public record for a 30-day review period; and,

 

d)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee on a potential extension of the planned cycle track on Queens Avenue, from Colborne Street to Quebec Street.  (2016-T05)

 

Motion made by Councillor J. Helmer to Approve clause 9.

 

9.

Establishment on W12A Landfill Public Liaison Committee Point of Source Water Treatment  Program (Relates to Bill No. 343)

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the W12A Landfill Public Liaison Committee Point of Source Water Treatment Program:

 

a)        the establishment of the W12A Landfill Public Liaison Committee Point of Source Water Treatment Program BE APPROVED in order to allow qualifying residents access to the Program and the funds allocated to it, which will assist nearby property owners with the costs associated with installation of water well treatment equipment intended to enhance the aesthetic quality of the naturally occurring poor quality groundwater; and,

 

b)        the Civic Administration BE DIRECTED to take the necessary steps to implement a form of Subsidy Agreement which provides for a 90% subsidy, with a maximum subsidy of $6,000 per residence, regardless of whether the residence is owner occupied or not.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

NAYS: M. van Holst (1)

 

Motion made by Councillor J. Helmer to Approve clause 11.

 

11.

Lake Huron and Elgin Area Water Supply Systems

 

That the summary overview document and the attached presentation from J. Braam, Chief Administrative Officer and A. Henry, Division Manager, Regional Water Supply - Lake Huron and Elgin Area Water Supply Systems, BE RECEIVED for information.   (2016-E13) 

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, T. Park (11)

 

RECUSED: S. Turner (1)

 

At 8:00 PM Councillor M. Salih leaves the meeting. 

 

Motion made by Councillor J. Helmer to Approve clause 15.

 

15.

Relocation of Bus Routes Off Dundas Street

 

That the following actions be taken with respect to local public transit:

 

a)        the Civic Administration BE DIRECTED to work with the London Transit Commission to move the existing bus routes on the Downtown core section of Dundas Street by Spring 2017; and,

 

b)        the Civic Administration BE DIRECTED to explore the opportunity for including the capital costs of the additional buses as a Project Funding Request to the Phase 1 intake of the Public Transit Infrastructure Fund;

 

it being noted that the Civic Works Committee received a communication dated September 7, 2016 from Mayor M. Brown and Councillor T. Park with respect to this matter.

 

 

 

Motion made by Councillor T. Park and seconded by Mayor M. Brown to Approve An amendment to part a) of clause 15 by deleting the word “Spring” and by replacing it with the word “September”.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor T. Park and seconded by Mayor M. Brown to Approve clause 15, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Clause 15, as amended, reads as follows:

 

That the following actions be taken with respect to local public transit:

 

a)        the Civic Administration BE DIRECTED to work with the London Transit Commission to move the existing bus routes on the Downtown core section of Dundas Street by September 2017; and,

 

b)        the Civic Administration BE DIRECTED to explore the opportunity for including the capital costs of the additional buses as a Project Funding Request to the Phase 1 intake of the Public Transit Infrastructure Fund;

 

it being noted that the Civic Works Committee received a communication dated September 7, 2016 from Mayor M. Brown and Councillor T. Park with respect to this matter.

 

 

15th Report of the Planning and Environment Committee (Continued)

Councillor P. Squire presents.

 

Motion made by Councillor P. Squire to Approve clauses 1 to 17, excluding clauses 6 and 14.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

9th Report of the Environmental and Ecological Planning Advisory Committee

 

That the 9th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on August 25, 2016, BE RECEIVED.

 

3.

Urban Agriculture Strategy - Draft Terms of Reference

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Draft Terms of Reference for the development of an Urban Agriculture Strategy:

 

a)        the draft Terms of Reference appended to the staff report dated September 6, 2016, for the development of an Urban Agriculture Strategy BE CIRCULATED for public review and comment; and,

 

b)        the draft Terms of References BE CONSIDERED at the October 17, 2016 meeting of the Planning & Environment Committee;

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated September 1, 2016, from M. Temme, 66 Palmer Street, with respect to this matter.   (2016-E11)

 

 

 

 

4.

Request for Extension and Revision of Draft Approval - North Side of North Routledge Park West of Hyde Park Road - Draft Approved Plan - Doman Developments Inc. (39T-78066)

 

That, on the recommendation of the Senior Planner, Development Planning, the following action be taken with respect to the request from Doman Developments Inc., for the property located on the north side of North Routledge Park west of Hyde Park Road:

 

a)        the Approval Authority BE ADVISED that the Municipal Council supports the request for a three (3) year extension of the draft plan of subdivision submitted by Doman Developments Inc., File No. 39T-78066, prepared by Holstead & Redmond Limited, Drawing No.78-0315L, as redline amended, which shows 10 Blocks, served by an extension of Blue Heron Drive and one new internal road SUBJECT TO the conditions appended to the staff report dated September 6, 2016 as Schedule "A”; and,

 

b)        the financing for this project BE APPROVED in accordance with the "Related Estimated Costs and Revenues" as appended to the staff report dated September 6, 2016, as Schedule “B”.   (2016-D12)

 

5.

Subdivision Agreement Provisions Relating to School Blocks and Park Facilities

 

That, on the recommendation of the Manager, Development Services, the staff report dated September 6, 2016, entitled "Subdivision Agreement Provisions Relating to School Blocks and Park Facilities, meeting on September 6, 2016" BE RECEIVED for information.  (2016-D12)

 

7.

Property located at 1400 Riverbend Road (H-8631) (Relates to Bill No. 350)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1400 Riverbend Road, located on the south side of Shore Road between Riverbend Road and Logans Run, comprising the northerly portion of Block 4 as shown on the draft-approved plan of subdivision (File No. 39T-14503), the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016, to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the lands FROM a holding Residential R5/R6/R8 Special Provision (h•h-206•R5-6(10)/R6-5(42)/R8-3(4) Zone TO a Residential R5/R6/R8 Special Provision (R5-6(10)/R6-5(42)/R8-3(4) Zone to remove the holding (h) and (h-206) provisions.   (2016-D09)

 

8.

Foxwood Crossing Subdivision - Phase 3 (39T-14502)

 

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 1640209 Ontario Limited, for the subdivisions of land over Part of Lot 72, Concession East of the North Branch of the Talbot Road, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of Wharncliffe Road South, west of Savoy Street, municipally known as 1959 Wharncliffe Road South:

 

a)        the Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and 1640209 Ontario Limited, for the Foxwood Crossing  Subdivision (39T-14502), appended to the staff report dated September 6, 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 September 6, 2016, as Schedule “B”,

 

c)        the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 6, 2016, as Schedule “C”; and,

 

d)        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)

 

 

 

 

 

9.

Building Division Monthly Report for July 2016

 

That the Building Division Monthly Report for July 2016 BE RECEIVED.  (2016-A23) 

 

10.

Property located at 25 Gower Street (Z-8648) (Relates to Bill No. 351)

 

That, further to the direction of the Municipal Council, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the property located at 25 Gower Street FROM a Residential Special Provision R2-2(19) Zone TO a Residential Special Provision R2-2(17) Zone;

 

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

 

it being noted that the Municipal Council approves this application as the proposed amendment is in keeping with the direction of Municipal Council of June 23, 2016 which came about as both a Site Plan and Minor Variance application were being considered for the subject site while the Municipal Council simultaneously considered a broader amendment to the Zoning By-law for lands zoned R2 within the Blackfriars/Petersville Area; and,

it being further noted that Municipal Council received comments from the applicant in support of the staff recommendation.   (2016-D09)

 

11.

Property located on a portion of 1654 Highbury Avenue North (Edgevalley Subdivision) (Z-8618) (Relates to Bill No. 352)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of the City of London, relating to the property located on a portion of 1654 Highbury Avenue North, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R6/Residential R9 (h•h-54•h-100•R6-5/R9-7) Zone TO a Holding Residential R6/Residential R9 (h•h-54•h-100•R6-5/R9-7•H36) Zone, which permits single detached dwellings, semi-detached dwellings, duplex dwellings, triplex dwellings, townhouse dwellings, stacked townhouse dwellings, apartment buildings and fourplex dwellings with a maximum density of 35 units per hectare and a maximum height of 12.0 metres, apartment buildings, class 2 lodging houses, senior citizens apartment buildings, handicapped persons apartment buildings and continuum-of-care facilities, with a maximum density of 150 units, with the addition of a Height (H) Symbol to limit the height of apartment buildings to a maximum of 36 metres (approx. 12 storeys);

 

it being pointed out that no individuals spoke at the public participation meeting associated with this matter;

 

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

 

•           the proposed development is consistent with the Provincial Policy Statement (2014);

•          the proposed development is consistent with the policies of the Official Plan, the London Plan and meets the criteria for Planning Impact Analysis; and,

•          the proposed change will correct an existing zone regulation and clarify the height maximum;

 

it being further noted that no public input was received by Municipal Council with respect to this matter.  (2016-D09)

 

12.

Portion of Land Known Municipally as 1500 Dundas Street East (Z-8628) (Relates to Bill No. 353)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of 1365929 Ontario Ltd., relating to a portion of land located at 1500 Dundas Street East, the proposed by-law appended to the staff report dated September 6, 2016, BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Community Shopping Area (CSA1) Zone TO a Community Shopping Area Special Provision (CSA1(*)) Zone;

 

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

 

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

 

•          the recommended Zoning By-law amendment is consistent with, and will serve to implement, the policies Provincial Policy Statement 2014, which promote an appropriate range and mix of land uses, economic development, and community investment readiness;

•          the recommended Zoning By-law amendment is consistent with, and will serve to implement, the Auto-Oriented Commercial Corridor policies of the Official Plan;

•          the recommended Zoning By-law amendment is consistent with, and will serve to implement, the Dundas Street Commercial Corridor policies of the Official Plan; and,

•          the property is of sufficient size and configuration to accommodate the additional permitted use without resulting in any negative impacts on abutting properties;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.   (2016-D09)

 

13.

Property located at 21 Wharncliffe Road South (OZ-8484) (Relates to Bill No.'s 344 and 354)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Farhi Holdings Corporation, relating to the property located at 21 Wharncliffe Road South:

 

a)            the proposed by-law appended to the staff report dated September 6, 2016, as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend the Official Plan to  change the designation of the subject lands FROM a Community Facility designation TO an Office/Residential Area designation and TO ADD a policy to section 10.1.3 – Policies for Specific Areas;

 

b)            the proposed by-law appended to the staff report dated September 6, 2016, as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on September 13, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a) above), to change the zoning of the subject property FROM a Regional Facility (RF) Zone TO a holding Residential R8 Special Provision/Office Residential Special Provision (h-18•R8-4(_)/OR(_)•H12) Zone;

 

c)            the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

 

i)              screen the parking area along Wharncliffe Road South with enhanced landscaping through the maintenance of existing mature trees and the provision of a variety of shrubs and grasses;

ii)             formalize the pedestrian walkway to the main entrance of the building to delineate the pedestrian areas from the driving surface and provide safe pedestrian circulation;

iii)            formalize and delineate the pedestrian and cyclist connection from the Thames Valley Parkway to the building entrance;

iv)        maintain singular vehicular access from Wharncliffe Road South; and,

v)         retain as many of the mature trees on site as possible by strategically locating landscape islands in the new parking lot areas.

 

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

 

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

 

               the proposed amendment is consistent with the Provincial Policy Statement 2014;

               the proposed amendment is consistent with the Office/Residential Area policies of the  Official Plan;

               the proposed range of uses are complementary to the adjacent existing residential neighbourhoods; and

               the proposal is a positive adaptive re-use of the existing building space which maintains the established built form;

 

it being further noted that Municipal Council received comments from the agent for the applicant in support of the staff recommendation.  (2016-D09)

 

15.

Walkway at Clayton Walk

 

That the delegation and communication from M. Fantegrossi, 7055 Clayton Walk, with respect to the walkway on Clayton Walk, BE RECEIVED.   (2016-T04)

 

16.

8th Report of the Trees and Forests Advisory Committee

 

That the following actions be taken with respect to the 8th Report of the Trees and Forests Advisory Committee from its meeting held on August 9, 2016:

 

a)            the Civic Administration BE REQUESTED to provide the Draft Climate Change Adaptation Strategy to the Trees and Forests Advisory Committee (TFAC), the Environmental and Ecological Planning Advisory Committee (EEPAC) and the Advisory Committee on the Environment (ACE) for the purposes of providing feedback;

 

b)            the following actions be taken with respect to the Humane Urban Wildlife Conflict Policy: Forestry Operations Wildlife Protocol:

 

i)              the Civic Administration BE INVITED to the September meeting of the Trees and Forests Advisory Committee (TFAC) to provide additional information with respect to current Forestry Operations Wildlife Protocol; and,

ii)             it being noted that the TFAC received a verbal presentation from M. Blosh and F. Morrison with respect to this matter;

 

c)         the following actions be taken with respect to a Green Legacy Program:

 

i)         the Civic Administration BE REQUESTED to investigate the possibility of establishing a Green Legacy program in London similar to the Wellington County Green Legacy program; and,

ii)        the Civic Administration BE REQUESTED to consider contacting Middlesex County, local conservation authorities, ReForest London, local school boards, and other planting organizations, to assist in the investigation of establishing a Green Legacy program; and,

 

it being noted that the establishment of this program would assist in achieving the goal of substantially increasing the tree population in the City of London as set out in the Urban Forest Strategy;

 

d)        the Civic Administration BE REQUESTED to provide the Trees and Forests Advisory Committee with the policies and guidelines that deal with trees damaged during roadwork construction and to advise as to the actions that will be taken with respect to the damage done to trees on Queenston; and,

 

e)         clauses 1, 3 to 8, 10, 13 and 14, BE RECEIVED.

 

17.

Brownfield Incentive Application - Chelsea Green Meadows (33M-686)

 

That delegation status BE GRANTED to D. de Jong, 2423662 Ontario Ltd., at a future meeting of the Planning and Environment Committee with respect to the request for a Development Charge Rebate Grant relating to the registered plan of subdivision 33M-656 by 2423652 Ontario Ltd.; it being noted that the Planning and Environment Committee 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)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

 

 

 

 

Motion made by Councillor P. Squire to Approve clause 6.

 

6.

Claimable Works for 1030 Coronation Drive, Hyde Park, Block 8 Reconstruction - Update to DC Claimable Works

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the site plan agreement between The Corporation of the City of London and Carvest Properties Ltd., for the construction of works external to 1030 Coronation Drive:

 

a)        the applicant BE ADVISED that the Director, Development Finance has summarized the amended claims and revenues appended to the staff report dated September 6, 2016, as Appendix “A”; and,

 

b)        the financing for this project BE APPROVED as set out in the amended Source of Financing Report appended to the staff report dated September 6, 2016, as Appendix “B”.   (2016-D15)

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (10)

 

RECUSED: M. Brown (1)

 

Motion made by Councillor T. Park to Approve clause 18.

 

18.

Dundas Flex Street - Programming

 

That the Civic Administration BE DIRECTED to report back at a future meeting of the appropriate Standing Committee with respect to the Dundas Street Flex Programming to be considered concurrently with:

 

a)        the report on the Environmental Assessment is brought forward with draft Terms of Reference;

 

b)        a Business Plan; and,

 

c)        a pilot project being undertaken during the study period to study Market Lane to assist in establishing the “Dundas Flex Street Programming Authority” that would have the authority to establish programming for the Dundas Flex Street and would include the following individuals in the formulation of the draft Terms of Reference and Business Plan including, but not limited to, the following individuals:

 

•           Brian Ohl, Budweiser Gardens;

•           Lori Da Silva, London Convention Centre;

•           Janette MacDonald, Downtown London Business Association;

•           John Winston, Tourism London;

•           a representative from Fanshawe College; and,

•           City of London Staff;

 

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

 

•           a communication dated August 22, 2016, from Councillor T. Park; and,

•           a communication dated September 1, 2016, from J. MacDonald, CEO and General Manager, Downtown London.  (2016-D19)

 

Motion made by Councillor T. Park and seconded by Councillor S. Turner to Approve an amendment to part c) to read as follows:

 

c)        a pilot project being undertaken during the study period to study Market Lane to assist in establishing the “Dundas Flex Street Programming Authority” that would have the authority to establish programming for the Dundas Flex Street and would include the following individuals in the formulation of the draft Terms of Reference and Business Plan including, but not limited to, the following organizations:

 

·                  Budweiser Gardens;

·                  London Convention Centre;

·                  Downtown London Business Association;

·                  Tourism London;

·                  Fanshawe College;

·                  City of London Staff;

·                  London Arts Council;

·                  London Music Hall; and,

·                  the London Fringe Festival;

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (10)

 

NAYS: P. Squire (1)

 

Motion made by Councillor T. Park and seconded by Mayor M. Brown to Approve clause 18, as amended.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (10)

 

NAYS: P. Squire (1)

 

Clause 18, as amended, reads as follows:

 

That the Civic Administration BE DIRECTED to report back at a future meeting of the appropriate Standing Committee with respect to the Dundas Street Flex Programming to be considered concurrently with:

 

a)        the report on the Environmental Assessment is brought forward with draft Terms of Reference;

 

b)        a Business Plan; and,

 

c)        a pilot project being undertaken during the study period to study Market Lane to assist in establishing the “Dundas Flex Street Programming Authority” that would have the authority to establish programming for the Dundas Flex Street and would include the following individuals in the formulation of the draft Terms of Reference and Business Plan including, but not limited to, the following organizations:

 

·                  Budweiser Gardens;

·                  London Convention Centre;

·                  Downtown London Business Association;

·                  Tourism London;

·                  Fanshawe College;

·                  City of London Staff;

·                  London Arts Council;

·                  London Music Hall; and,

·                  the London Fringe Festival;

 

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

 

             a communication dated August 22, 2016, from Councillor T. Park; and,

             a communication dated September 1, 2016, from J. MacDonald, CEO and General Manager, Downtown London.  (2016-D19)

 

 

 

 

 

 

IX

ADDED REPORTS

 

 

20th Report of the Strategic Priorities and Policy Committee

Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1 to 4.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J. Morgan disclosed a pecuniary interest in clause C-1 of the Confidential Appendix to the 20th Report of the Strategic Priorities and Policy Committee having to do with a matter pertaining to personal matters including information about identifiable individuals, including municipal employees, with respect to employment-related matters, and advice and recommendation to officers and employees of the Corporation, including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation, by indicating that he is employed by Western University.

                              

2.

Rapid Transit Implementation Working Group

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to London’s transit system:

 

a)         the LTC Long Term Growth Report Working Group BE DISBANDED;

 

b)         a Rapid Transit Implementation Working Group (RTIWG)  BE ESTABLISHED; and

 

c)         the proposed Terms of Reference for the RTIWG, as appended to the staff report dated September 12, 2016, BE APPROVED;

 

it being noted that the transition to the RTIWG will facilitate with the development and implementation of London’s rapid transit system;

 

it being further noted that Councillor B. Armstrong advised the City Clerk that he would also like to serve on the RTIWG.

 

3.

Resignation from Governance Working Group

 

That the resignation of Councillor M. Cassidy from the Governance Working Group, due to scheduling considerations, BE ACCEPTED.

 

4.

Outlook Access – Councillors’ Contract Assistants

 

That the Civic Administration BE DIRECTED to take the necessary steps to amend the Use of Technology Policy, and any other related policies, in order to permit Councillors’ contract assistants to access Councillors’ Outlook accounts.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor B. Armstrong and seconded by Councillor T. Park to Approve that Council rise and go into Council, In Closed Session, for the purpose of continuing discussions with respect to the matters previously disclosed under Part IV of the Minutes.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

The Council rises and goes into the Council, In Closed Session, at 8:11 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy, M. Salih, H. Usher and J. Zaifman.

 

The Council, In Closed Session, rises at 10:02 PM and Council reconvenes at 10:07 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. Cassidy, M. Salih, H. Usher and J. Zaifman.

 

 

5th Public Report of the Council In Closed Session

Councillor V. Ridley presents.

 

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

 

ABSENT:  Councillors M. Cassidy and J. Zaifman.

 

ALSO PRESENT: A. Zuidema, G. Belch, K. Dawtrey, C. Dyck, A. Hagan, M. Hayward, J. Kobarda, G. Kotsifas, L. Livingstone, V. McAlea Major, D. Mounteer, L. Rowe and J. Stanford.

 

Motion made by Councillor V. Ridley to Approve the 5th Public Report of the Council In Closed Session.

 

THE COUNCIL IN CLOSED SESSION REPORTS:

 

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

 

a)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the Procurement of Goods and Services Policy and a request for a proposal (RFP 16-36); internal audit services, that closed July 28, 2016. (C1/20/CSC)

 

b)         A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one or more of the Corporation's associations, unions and employee groups. (C2/20/CSC)

 

c)         A matter pertaining to personal matters including information about identifiable individuals, including municipal employees with respect to employment related matters, and advice and recommendations of officers and employees of the Corporation including communications necessary for those purposes. (C3/20/CSC)

 

d)         A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of the Corporation’s associations or unions and litigation or potential litigation, including matters before administrative tribunals affecting the municipality including communications necessary for that purpose. (C4/20/CSC)

 

e)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality. (C1/13/CWC)

 

f)          A matter pertaining to personal matters including information about identifiable individuals, including municipal employees with respect to employment related matters, and advice and recommendations of officers and employees of the Corporation including communications necessary for those purposes and for the purpose of providing directions to officers and employees of the Corporation.

 

g)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and advice and recommendations of officers and employees of the Corporation, including communication necessary for that purpose with respect to an enforcement matter.

 

h)         A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations, unions and employee groups and advice which is the subject of solicitor client privilege, including communications necessary for that purpose

 

Motion Passed

 

X

DEFERRED MATTERS

 

None.

 

XII

EMERGENT MOTIONS

 

Motion made by Councillor V. Ridley 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 request the City Clerk to report back to the Strategic Priorities and Policy Committee with respect to temporary standing committee appointments during Councillor J. Zaifman’s absence.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor V. Ridley and seconded by Councillor M. van Holst to Approve that the City Clerk BE DIRECTED to report back to the Strategic Priorities and Policy Committee with respect to temporary standing committee appointments for the duration of Councillor J. Zaifman’s absence.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No.’s 341 to 355, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Second Reading of Bill No.’s 341 to 355, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor S. Turner and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No.’s 341 to 354, inclusive.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, T. Park (11)

 

Motion made by Councillor T. Park and seconded by Councillor B. Armstrong to Approve Introduction and First Reading of Bill No. 356.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (8)

 

NAYS: J. Helmer, A. Hopkins, S. Turner (3)

 

Motion made by Councillor T. Park and seconded by Councillor V. Ridley to Approve Second Reading of Bill No. 356.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (8)

 

NAYS: J. Helmer, A. Hopkins, S. Turner (3)

 

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 356.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (8)

 

NAYS: J. Helmer, A. Hopkins, S. Turner (3)

 

Motion made by Councillor B. Armstrong and seconded by Councillor P. Hubert to Approve Introduction and First Reading of Bill No. 357.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (9)

 

NAYS: A. Hopkins, S. Turner (2)

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Second Reading of Bill No. 357.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (9)

 

NAYS: A. Hopkins, S. Turner (2)

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No. 357.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, P. Hubert, V. Ridley, T. Park (9)

 

NAYS: A. Hopkins, S. Turner (2)

 

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

 

Bill No. 341

By-law No. A.-7448-244

A by-law to confirm the proceedings of the Council Meeting held on the 13th day of September, 2016. (City Clerk)

 

Bill No. 342

By-law No. A.-7449-245

A by-law to repeal By-law No. A.-7441-222 entitled, “A by-law to establish a Coloured Crosswalk Policy.” (City Clerk)

 

Bill No. 343

By-law No. A.-7450-246

A by-law to authorize and approve the standard form Subsidy Agreement for the W12A Public Liaison Committee Point of Source Water Treatment Program; and to authorize the Mayor and the City Clerk to execute the Subsidy Agreement(s) with the eligible property owner(s). (9/13/CWC)

Bill No. 344

By-law No. C.P.-1284(sr)-247

A by-law to amend the Official Plan for the City of London, 1989 relating to 21 Wharncliffe Road South. (13/15/PEC)

 

Bill No. 345

By-law No. L.S.P.-3457-248

 

A by-law to authorize and approve an application to expropriate land in the City of London in the County of Middlesex for the Western Road Widening and improvements Project between Oxford Street West and Platt’s Lane. (2/20/CSC)

 

Bill No. 346

By-law No. S.-5818-249

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Pond Mills Road, north of Cleveland Avenue) (for road widening purposes on Pond Mills Road registered as Inst. No. E1052306 on July 18, 2016, pursuant to SPA16-015 and in accordance with Zoning By-law Z-1.) (Chief Surveyor)

 

Bill No. 347

By-law No. S.-5819-250

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Thornley Street, as part of Collins Drive, and as part of Cranbrook Road) (to be dedicated as public highway for unobstructed legal access throughout the Subdivision) (Chief Surveyor)

 

Bill No. 348

By-law No. W.-5610-251

A by-law to authorize the UTRCA – Remediating Flood Control works within City limits. (Project No. ES2474) (6/12/CWC)

 

Bill No. 349

By-law No. WM-12-16012

A by-law to amend By-law No. WM-12 being “A by-law to provide for the Collection of Municipal Waste and Resource Materials in the City of London”. (6/13/CWC)

 

Bill No. 350

By-law No. Z.-1-162513

 

A by-law to amend By-law No. Z.-1 to remove the holding provisions from the zoning of lands located on the south side of Shore Road between Riverbend Road and Logan’s Run, comprising the northerly portion of Block 4 as shown on the draft-approved plan of subdivision (File No. 39T-14503). (7/15/PEC)

 

Bill No. 351

By-law No. Z.-1-162514

 

A by-law to amend By-law No. Z.-1 to rezone land located at 25 Gower Street, within the Blackfriars/Petersville Area. (10/15/PEC)

Bill No. 352

By-law No. Z.-1-162515

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located on a portion of 1654 Highbury Avenue North. (11/15/PEC)

Bill No. 353

By-law No. Z.-1-162516

 

A by-law to amend By-law No. Z.-1 to rezone a portion of land located at 1500 Dundas Street East. (12/15/PEC)

Bill No. 354

By-law No. Z.-1-162517

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 21 Wharncliffe Road South. (13/15/PEC)

 

Bill No. 355

By-law No. DR-_____

FIRST AND SECOND READING ONLY

A by-law to provide for a Drainage Works in the City of London. (Construction of a portion of the Bannister Municipal Drain). (12/13/CWC)

 

Bill No. 356

By-law No. Z.-1-162518

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 100 Fullarton Street, 475-501 Talbot Street & 93-95 Dufferin Avenue. (14a/15/PEC)

 

Bill No. 357

By-law No. Z.-1-162519

 

A by-law to amend Section 4.21 of By-law No. Z.-1 by deleting and adding road allowance requirements for specific segments of Talbot Street. (14b/15/PEC)

 

 

XIV

ADJOURNMENT

 

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

 

Motion Passed

 

The meeting adjourns at 10:17 PM.

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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