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Council

MINUTES

TWENTY-FIFTH MEETING

 

October 17, 2017

 

The Council meets in Regular Session in the Council Chambers this day at 4:04 PM.

 

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, S. Turner, H.L. Usher, T. Park and J. Zaifman and C. Saunders (City Clerk).

 

ABSENT:  Councillor V. Ridley.

 

ALSO PRESENT: M. Hayward, A.L. Barbon, B. Card, B. Coxhead, S. Datars Bere, J. Farmer Bosma, J.M. Fleming, N. Hall, G. Kotsifas, L. Livingstone, L. Rowe, K. Scherr, C. Smith, S. Spring, S. Stafford, J. Stanford, B. Warner, T. Wellhauser, B. Westlake-Power and J. Wills..

 

At the beginning of the Meeting all Members are present except Councillors B. Armstrong, J. Helmer, P. Squire and V. Ridley.

 

At 4:07 PM Councillor J. Helmer enters the meeting.

 

At 4:07 PM Councillor M. van Holst leaves the meeting.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor S. Turner discloses a pecuniary interest in clause 2 of the 13th Report of the Community and Protective Services Committee and related Bill No.s 611 and 612, having do with proposed amendments to the Business Licensing By-law, by indicating that his employer is responsible for inspecting some of businesses that are subject to the Business Licensing By-law. 

 

II

RECOGNITIONS

 

None.

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

Motion made by Councillor H.L. Usher and seconded by Councillor A. Hopkins 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 instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; 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 acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition 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 acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition 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 acquisition. (C1/27/CSC)

 

b)

A matter pertaining to litigation with respect to the partial expropriation of property located at 1186 Fanshawe Park Road East, including matters before administrative tribunals, affecting the municipality or local board, OMB file No. LC 160034; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the expropriation of property located at 1186 Fanshawe Park Road East; and directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation in connection with the expropriation of a property located at 1186 Fanshawe Park Road East. (C2/27/CSC)

 

c)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a lease of office space; 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 acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition 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 lease that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition 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 of office space. (C3/27/CSC)

 

d)

A matter pertaining to personal matters, including information regarding an identifiable individual, with respect to employment-related matters; advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C4/27/CSC)

 

e)

A matter pertaining to litigation or potential litigation with respect to appeals to the Ontario Municipal Board arising out of the London Plan  and advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation with respect to appeals to the Ontario Municipal Board arising out of the London Plan. (C1/19/PEC)

 

f)

A personal matter pertaining to identifiable individuals, including municipal employees, with respect to the 2018 Mayor's New Year's Honour List.  (C1/14/CPSC)

 

Motion Passed

 

YEAS: M. Brown, M. Salih, J. Helmer, M. Cassidy, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park, J. Zaifman (11)

 

The Council rises and goes into Council, In Closed Session, at 4:08 PM, with Mayor M. Brown in the Chair and all Members present except Councillors M. van Holst, B. Armstrong, P. Squire and V. Ridley.

 

At 4:09 PM Councillor M. van Holst enters the meeting.

 

At 4:25 PM Councillor B. Armstrong enters the meeting.

 

The Council, In Closed Session, rises at 4:42 PM and Council reconvenes at 4:45 PM, with Mayor M. Brown in the Chair and all Members present except Councillors P. Squire and V. Ridley.

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TWENTY-FOURTH MEETING HELD ON OCTOBER 3, 2017

 

Motion made by Councillor M. Cassidy and seconded by Councillor B. Armstrong to Approve the Minutes of the Twenty-Fourth meeting held on October 3, 2017.

 

Motion Passed

 

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

 

VI

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor M. Cassidy and seconded by Councillor P. Hubert to Approve that Council convene as the Approving Authority pursuant to the provisions of the Expropriation Act, R.S.O. 1990, c.E.26, as amended, for the purpose of considering Communication No. 1 from the Managing Director, Environmental & Engineering Services and City Engineer, with respect to the expropriation of the lands for the project known as the Main Street and Colonel Talbot Road Improvements Project (TS-144616) at the intersection of Main Street and Colonel Talbot Road.

 

Motion Passed

 

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

 

Motion made by Councillor M. Cassidy and seconded by Councillor J. Helmer to Approve Communication No. 1.

 

1.

Expropriation of Lands - Main Street and Colonel Talbot Road - Intersection Improvements Project - TS-144616

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, the following actions be taken with respect to the expropriation of lands for the project known as the Main Street and Colonel Talbot Road Improvements Project (TS-144616) at the intersection of Main Street and Colonel Talbot Road:

 

a)         the Council of The Corporation of the City of London, as Approving Authority pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as amended, HEREBY APPROVES the proposed expropriation of land, as described in Appendix “A” appended to the staff report dated October 17, 2017, in the City of London, County of Middlesex; it being pointed out that the reasons for making this decision are as follows:

 

i)          the subject lands are required by The Corporation of the City of London for the Main Street and Colonel Talbot Road Improvements Project; and

ii)         the design of the project will address the current and future transportation demands along the corridor; and,

 

b)         a certificate of approval BE ISSUED by the City Clerk on behalf of the Approving Authority in the prescribed form;

 

it being noted that there were no requests for Hearings of Necessity received for the parcels described in the above-noted Appendix “A”.

 

Motion Passed

 

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

 

Motion made by Councillor T. Park and seconded by Councillor H.L. Usher to Approve that the meeting of the Approving Authority be adjourned and that Council reconvene.

 

Motion Passed

 

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

 

Motion made by Councillor H.L. Usher and seconded by Councillor B. Armstrong to Approve Communication No. 2.

 

2.

Expropriation of Lands - Main Street and Colonel Talbot Road - Intersection Improvements Project - TS-144616

 

That, on the recommendation of the Managing Director, Environmental & Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, the following actions be taken with respect to the expropriation of lands for the project known as the Main Street and Colonel Talbot Road Improvements Project (TS-144616) at the intersection of Main Street and Colonel Talbot Road

 

a)         the proposed by-law appended as Appendix “B” to the staff report dated October 17, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 by The Corporation of the City of London as Expropriating Authority, with respect to the lands described in Appendix “A” appended to the staff report dated October 17, 2017 (the “Expropriated Lands”);

 

b)         the Civic Administration BE DIRECTED to take all necessary steps to prepare a plan or plans showing the Expropriated Lands and to register such plan or plans in the appropriate registry or land titles office, pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, within three (3) months of the Approving Authority granting approval of the said expropriation;

 

c)         the City Clerk BE AUTHORIZED to sign on behalf of the Expropriating Authority, the plan or plans as signed by an Ontario Land Surveyor showing the Expropriated Lands; and

           

d)         the City Clerk BE AUTHORIZED AND DIRECTED to execute and serve the notices of expropriation required by the Expropriations Act, R.S.O. 1990, c. E.26 and such notices of possession that may be required to obtain possession of the Expropriated Lands.

 

Motion Passed

 

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

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Zaifman to Approve receipt and referral of the following Communiclations:

 

3.

Councillor V. Ridley - Absence from Meeting

 

4.

Y. Odaira, Shogun Maitake - 6188 Colonel Talbot Road

 

(Refer to the Planning and Environment Committee Stage for Consideration with Clause 11 of the 19th Report of the Planning and Environment Committee )

 

Motion Passed

 

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

 

 

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

VIII

REPORTS

 

 

27th Report of the Corporate Services Committee

                        Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 13, excluding clause 10.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Single Source Award of Contract for Phase 6 Facility Renewal and Energy Retrofit Program (Relates to Bill No. 598)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Manager of Purchasing and Supply, the following actions be taken with respect to the Phase 6 – 2017 Facility Renewal and Energy Retrofit Program:

 

a)         the proposal appended to the staff report dated October 11, 2017 as Schedule A (to Appendix “B”) submitted by Ameresco Canada Inc., 90 Sheppard Avenue East, 7th Floor, Toronto, ON, M2N 6X3, to undertake the Phase 6 – 2017 Facility Renewal and Energy Retrofit Program at an upset limit of $3,200,000 excluding HST BE ACCEPTED on a single source basis in accordance with section 14.4 (d) 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 11, 2017 as Appendix “A”;

 

c)         the proposed by-law appended to the staff report dated October 11, 2017 as Appendix “B” BE INTRODUCED at the Municipal Council meeting on October 17, 2017 to:

 

i)          approve an agreement between The Corporation of the City of London and Ameresco Canada Inc., for Phase 6 - 2017 Facility Renewal and Energy Retrofit Program at an upset limit of $3,200,000; and

ii)         authorize the Mayor and the City Clerk to execute the agreement forming Schedule “A” to the by-law appended hereto as Appendix “B”.

 

3.

City of London 2018 Provincial and Federal Budget Submissions

 

That, on the recommendation of the Director, Community & Economic Innovation, the following actions be taken with respect to the City of London’s 2018 Budget Submissions:

 

a)         the Civic Administration BE DIRECTED to submit the City of London 2018 Provincial Budget Submission to the Government of Ontario as part of the provincial pre-budget submission process;

 

b)         the Civic Administration BE DIRECTED to submit the City of London 2018 Federal Budget Submission to the Government of Canada as part of the federal pre-budget submission process; and,

 

c)         the staff report dated October 11, 2017 BE RECEIVED for information.

 

 

 

 

 

 

 

 

 

 

 

 

4.

Declare Surplus - Portion of Oxford Street West - Operations Centre at 1410-1450 Oxford Street West

 

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 concurrence of the  Director, Environment, Fleet and Solid Waste Management and Division Manager, Transportation and Roadside Operations, the following actions be taken with respect to the easterly 44 feet in perpendicular width of the City-owned land located at 1410 - 1450 Oxford Street West, described as Concession 1, Part Lots 27 and 28, Geographic Township of London, containing an area of approximately 33,002 square feet (3,066 square meters):

 

a)         the subject property BE DECLARED surplus; and

 

b)         the subject property (“Surplus Lands”) BE DISPOSED of by direct sale to Matthews Hall, the abutting land owner, at market value in accordance with the City’s Sale and Other Disposition of Land Policy as it pertains to disposition of land to abutting owners.

 

5.

Annual Report Risk Management Services

 

That, on the recommendation of the Manager III, Risk Management and the Managing Director, Corporate Services & City Solicitor, the staff report dated October 11, 2017, regarding the annual report for Risk Management Services, BE RECEIVED for information.

 

6.

City of London - Experience with New Hours of Service

 

That, on the recommendation of the City Manager, the staff report dated October 11, 2017 regarding the City of London experience with new hours of service BE RECEIVED for information.

 

7.

Report of the Federation of Canadian Municipalities Board of Directors Meeting  - Wood Buffalo, AB, September 12-15, 2017

 

That the communication dated September 28, 2017 from Councillor H.L. Usher and Councillor T. Park, regarding the Federation of Canadian Municipalities Board of Directors meeting held September 12 - 15, 2017 in Wood Buffalo, AB, BE RECEIVED for information.

 

8.

Review of Code of Conduct for Employees

 

The City Manager BE DIRECTED to take the necessary actions to initiate a review and report back as to how the Codes of Conduct for Employees could be amended to include the following:

 

a)         the provision of an independent third party, appointed by Municipal Council to receive and process complaints launched against the City Manager, Intake Administrator, Managing Director or Chief Human Resources Officer who will report their findings directly to Municipal Council;

 

b)         the provision of the ability for the complainant(s) and the individual(s), subject to an investigation, to seek support during and after the completion of the process without being in breach of confidentiality and therefore be found to be in violation of the Code of Conduct for Employees;

 

c)         the establishment of a written process as to how, when and under what authority an investigation is launched; and,

 

d)         any other amendments deemed to be appropriate.

 

9.

Establishment of Policy - Concerns of Potential Fraud, Waste and Misuse of Assets and Resources of the Municipality

 

The City Manager BE DIRECTED to review and report back with a recommended process and policy to provide residents and employees of the City of London with an avenue to bring forward concerns with respect to potential fraud, waste and misuse of assets and resources of the municipality that will ensure that the concerns are received by an independent third party that would report directly to Municipal Council.

 

 

 

11.

Confirmation of Appointments to the Town and Gown Committee

 

That the following individuals BE APPOINTED to the Town and Gown Committee as Voting Members for the term ending February 28, 2019:

 

Joe Henry representing King's University College

Morganna Sampson representing Fanshawe Student Union

 

12.

Confirmation of Appointments to the Community Safety and Crime Prevention Advisory Committee

 

That the following individuals BE APPOINTED as Alternate Voting Members to the Community Safety and Crime Prevention Advisory Committee for the term ending February 28, 2019:

 

Robin Harvey representing Thames Valley Council of Home & School Associations

Ruth Tisdale representing Thames Valley District School Board

 

13.

Request for Bus Rapid Transit to be put on the 2018 Municipal Election Ballot

 

That the request from Mr. Scott Jackson to put the question of whether or not the public wishes the City of London to proceed with Bus Rapid Transit on the 2018 ballot BE NOTED AND FILED.

 

Motion Passed

 

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

 

Motion made by Councillor P. Hubert to Approve clause 10.

 

10.

Tequila Expo Show 2017 - Request for Designation as a Municipally Significant Event

 

That the Tequila Expo Show 2017, to be held on November 18, 2017 at Budweiser Gardens from 3:00 PM to 12:00 AM, BE DESIGNATED as an event of municipal significance in the City of London.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

 

19th Report of Planning and Environment Committee

                        Councillor T. Park presents.

 

Motion made by Councillor T. Park to Approve clauses 1 to 14, excluding clauses 4 and 11.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

3rd Report of the Agriculture Advisory Committee

 

That, the following actions be taken with respect to the 3rd Report of the Agricultural Advisory Committee from its meeting held on September 20, 2017:

 

a)         the Municipal Council BE ADVISED that the Agricultural Advisory Committee (AAC) supports the residual waste strategy related to the proposed expansion of the W12A Landfill which includes:

 

•           an extension of the waste disposal capacity to the year 2050 (25 years beyond existing capacity);

•           placing limits on annual tonnage that can be landfilled;

•           considering allowing neighbouring municipalities to use new/expanded facilities; and,

•           committing to increasing residential waste diversion from 45% to 60%;

 

it being noted that the AAC heard a presentation, as appended to the agenda, from W. Abbott, Project Manager, Solid Waste Management, related to this matter;

 

b)         the London Advisory Committee on Heritage (LACH) BE ADVISED that the Agricultural Advisory Committee (AAC) supports updating the LACH Terms of Reference to remove the voting representative from the AAC as a part of the LACH membership; it being noted that the AAC is willing to provide support on an ad hoc basis when required;

 

c)         G. Nichols, Ecological Technician, BE ADVISED that H. Fletcher will attend London Phragmites Working Group (LPWG) meetings to represent the Agricultural Advisory Committee, schedule-permitting;

 

d)         S. Franke BE REQUESTED to contact P. Kozak, Provincial Apiarist, Ministry of Agriculture, Food and Rural Affairs, to request that the Agricultural Advisory Committee be notified when The Bees Act, R.S.O. 1990, C. B.6 is available for review and public consultation, as it is expected this review will begin later this year; and,

 

e)         clauses 1 and 3 to 7 BE RECEIVED.

 

3.

10th Report of the Trees and Forests Advisory Committee

 

That the 10th Report of the Trees and Forests Advisory Committee from its meeting held on September 27, 2017, BE RECEIVED.

 

5.

Property located at 581 Ross Street - Notice of Appeal to the Ontario Municipal Board (Z-8695)

 

That, on the recommendation of the Managing Director, Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, received April 29, 2017, submitted by Ryan O’Donnell, relating to the Zoning By-law Amendment Z-8695, concerning 581 Ross Street, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it.   (2017-D09)

 

6.

Planning Services Work Program Update

 

That, on the recommendation of the Managing Director, Planning and City Planner, the Planning Services Work Program update, appended to the staff report dated October 10, 2017, BE RECEIVED and that the Strategic Plan Dashboard BE UPDATED accordingly.   (2017-A23)

 

7.

Amendments to Various Planning Related By-laws Pertaining to Delegation and Signing Authority (Relates to Bill No.'s 602, 603, 604, 605, 608, 609 and 610)

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to administrative changes to the following by-laws to reflect recent civic administration title changes and to address operational efficiencies:

 

a)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. CP-7, as amended, the “Committee of Adjustment and London Consent Authority By-law” by deleting all references to the title “Manager, Development Services and Planning Liaison” and replacing them with the title “Director, Development Services”;

 

b)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. C.P.-1455-541, as amended, the “Site Plan Control Area By-law”, to:

 

i)              delete all references to the title of “Manager, Development Services and Planning Liaison” and replace them with the title “Director, Development Services”;

ii)             add the title “Manager, Development Services (Site Plans)” to section 2.2;

iii)            delete all references to the title “General Manager of Environmental Services and City Engineer” and replace them with the title “Managing Director, Environmental & Engineering Services and City Engineer”; and,

iv)           delete all references to the title “Managing Director of Development Approvals Business Unit” and replace them with the title “Managing Director, Development and Compliance Services and Chief Building Official”;

 

c)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix “C” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. CP-17, as amended, the “Subdivision and Condominium Delegation and Approval By-law”, to delete all references to the title “Manager, Development Services and Planning Liaison” and replace them with the title “Director, Development Services;

 

d)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix “D” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. C.P-1470-218, as amended, the “Complete Application Delegation and Acceptance By-law”, to delete all references to the title “Manager, Director, Development Services and Planning Liaison” and replace them with the title “Director, Development Services”;

 

e)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix “E” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. C.P.-1363-381, as amended, the “Site Alteration By-law”, to:

 

i)          delete all references to the title “Manager, Director, Development Services and Planning Liaison” and replace them with the title “Director, Development Services”; and,

ii)         delete all references to the title “Manager, Development Services & Engineering Liaison” and replace them with the title “Manager, Development Engineering”;

 

f)          the proposed by-law appended to the staff report dated October 10, 2017  as Appendix “F” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. B-1, as amended, the “Naming of Highways & Number of Buildings & Lots By-law”, to delete all references to the title “Manager, Development Services & Engineering Liaison” and replace them with the title “Manager, Development Engineering”; and,

 

g)         the proposed by-law appended to the staff report dated October 10, 2017  as Appendix “G” BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. A-1, as amended, the “Execution of Certain Documents By-law”, to:

 

i)          delete all references to the title “Manager of Development Services & Planning Liaison” and replace them with the title “Director, Development Services”; and,

ii)         add the title “Manager, Development Services (Subdivisions)” to sections 1.2.1.     (2017-D00)

 

8.

Property located at 1835 Dundas Street (Z-8790) (Relates to Bill No. 619)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 1891614 Ontario Inc., relating to the property located at 1835 Dundas Street:

 

a)            the proposed by-law appended to the staff report dated October 10, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Associated Shopping Area/Restricted Service Commercial (ASA5/RSC6) Zone TO an Associated Shopping Area Special Provision (ASA1/ASA2/ASA3(*)) Zone; and,

 

 

 

 

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

 

i)              provide for a 2-storey massing along the Dundas Street corridor;

ii)             minimize the front yard depth of buildings located along the Dundas Street corridor while allowing for views to adjacent buildings and for architectural encroachments that support the building design such as canopies, roofline/cornice projections;

iii)            incorporate windows, entrances, and building articulation along the Dundas Street frontage to animate the street;

iv)        provide methods to reduce noise and visual impact, including a minimum 5.5m landscaped buffer comprised of dense landscaping, along the eastern property line abutting a residential zone; and,

v)         include walkways through the parking area linking the proposed building at the rear of the property with the City sidewalk and include walkways linking each building;

 

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 these matters;

 

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

 

               the recommended action is consistent with the policies of the Provincial Policy Statement, 2014, particularly as those policies pertaining to the efficient use of land, regeneration and intensification;

               the recommended Zoning By-law amendment to add a limited range of service, office and retail uses is consistent with the permitted use policies of the Auto-Oriented Commercial Corridor designation of the City of London Official Plan;

               the recommended Zoning By-law amendment to establish site-specific zoning regulations to the Associated Shopping Area (ASA3) Zone is consistent with the form policies of the Auto-Oriented Commercial Corridor designation of the City of London Official Plan; and,

               the recommended Zoning By-law amendment will provide for the adaptive re-use and redevelopment of a site in a manner that is consistent with the Transitional Urban Corridor Place Type policies of the London Plan.   (2017-D09)

 

9.

Property located at 4380 Castleton Road (Z-8769) (Relates to Bill No. 620)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Tara Forristal, relating to the property located at 4380 Castleton Road:

 

a)            the proposed by-law appended to the staff report dated October 10, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017, to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Light Industrial (LI1) Zone TO a Light Industrial/Light Industrial Special Provision (LI1/LI6(*)) Zone;

 

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

 

i)              the most appropriate placement of the stormwater management facility;

ii)             restrictions with truck access from the south to be incorporated into this site;

iii)            whether or not Castleton Road can handle the weight of the trucks; and,

iv)           the extent of the vegetation buffer along the south and east portions of the property;

 

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 these matters;

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated October 4, 2017, from R.-L. Gillis, on behalf of the Brockley residents, with respect to this matter;

 

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

 

               the recommended action is consistent with, and will serve to implement, the policies of the Provincial Policy Statement, 2014, particularly those policies pertaining to facilitating a mix of uses, accommodating freight supportive land uses, and expanding the range of employment opportunities;

               the recommended Zoning By-law amendment to add an expanded range of industrial and complimentary land uses is consistent with the policies of the Light Industrial designation of the City of London Official Plan;

               the recommended Zoning By-law amendment to establish site-specific zone regulations to the Light Industrial (LI6) Zone is consistent with the “Function and Purpose” and “Built Form and Intensity” policies of the Brockley Industrial Neighbourhood designation of the Southwest Area Secondary Plan; and,

               the recommended Zoning By-law amendment is also consistent with the policies of the Light Industrial Place Type of the London Plan.  (2017-D09)

 

10.

9th Report of the Environmental and Ecological Planning Advisory Committee

 

That the following actions be taken with respect to the 9th Report of the Environmental and Ecological Planning Advisory Committee on Heritage from its meeting held on September 28, 2017:

 

a)            the following actions be taken with respect to the 7th and 8th Reports of the Environmental and Ecological Planning Advisory Committee (EEPAC) from its meetings held on July 20 and August 24, 2017:

 

i)          the 7th Report of the EEPAC BE RECEIVED; and,

ii)             the 8th Report of the EEPAC BE AMENDED in clause 2 to correct the spelling of A. Boyer;

 

b)            the revised Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, related to the Parker Stormwater Management Facility and Trunk Storm Sewer Environmental Impact Study, BE FORWARDED to the Civic Administration for consideration;

 

c)            the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, related to the Bostwick Road Improvements Municipal Class Environmental Assessment and Subject Lands Status Report and Environmental Impact Study, BE FORWARDED to the Civic Administration for consideration;

 

d)            the Acting Division Manager, Stormwater Engineering, BE ADVISED that, based on the information received to date, the review by the Environmental and Ecological Planning Advisory Committee of said information and pending further information specifically related to fluvial geomorphology and benthic monitoring data, specifically the Environmental Impact Study, the Environmental and Ecological Planning Advisory Committee believes that the restoration of the Springbank Dam would have an undesirable impact on:

 

i)              fisheries and fish management;

ii)         water quality;

iii)           reptiles and their habitat, especially turtles; and;

iv)           the red horse sucker species and their habitat will be negatively impacted;

 

it being noted that the EEPAC received a presentation from A. Rammeloo, Acting Division Manager, Stormwater Management, with respect to the One River Master Plan Environmental Assessment Study;

 

e)         the Working Group comments related to the Conservation Master Plan Phase II draft for the southern portion of the Medway Valley Heritage Forest Environmentally Significant Area, BE APPROVED; it being noted that S. Levin will incorporate and forward the Working Group comments into the format requested by the Managing Director, Planning and City Planner;

 

 

 

f)         the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, related to the Thames Village Environmental Impact Study, BE FORWARDED to the Civic Administration for consideration;

 

g)         the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, related to the Draft Urban Agriculture Strategy, BE FORWARDED to the Managing Director, Planning and City Planner, for consideration; it being noted that there were no changes from the previous EEPAC submission relating to this matter;

 

h)         J. Ramsay, Project Manager, Rapid Transit, BE ADVISED that C. Evans will represent the Environmental and Ecological Planning Advisory Committee (EEPAC) on the Municipal Advisory Group related to Rapid Transit, subject to the meeting schedule and his availability; it being noted that B. Krichker will act as an alternate representative for the EEPAC on the Advisory Group;

 

i)             the proposed amendments recommended by the Animal Welfare Advisory Committee (AWAC) to the Cat and Bird pamphlet BE COMPLETED and the revised pamphlet BE FORWARDED to Corporate Communications for review; it being noted that Environmental and Ecological Planning Advisory Committee will work with AWAC on the distribution of the pamphlet when complete;

 

j)              C. Kushnir BE PERMITTED to remain on the Environmental and Ecological Planning Advisory Committee (EEPAC); it being noted that Ms. Kushnir's educational schedule does not permit her to attend meetings until January, 2017; it being further noted that Ms. Kushnir continues to participate in Working Group projects and is a valuable member of the EEPAC;

 

k)            the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, related to the Boler Mountain Access Road Environmental Impact Study, BE FORWARDED to the Managing Director, Planning and City Planner; and,

 

l)         clauses 1, 3, 4, 7, 8, 10, 12 to 14, 16, 17, 19, 20, 24, 25, BE RECEIVED.

 

12.

Properties located at 100, 335 and 353 Kellogg Lane, 1063, 1080, 1097, 1127 Dundas Street and 1151 York Street (OZ-8794) (Relates to Bill No.'s 606, 607 and 621)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of E & E McLaughlin Ltd., relating to the properties located at 100, 335 and 353 Kellogg Lane, 1063, 1080, 1097 and 1127 Dundas Street and 1151 York Street:

 

a)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend the Official Plan to change the designation of those lands located at the north portion of 100 Kellogg Lane and 1097 and 1127 Dundas Street FROM a Light Industrial designation TO a Main Street Commercial Corridor designation;

 

b)            the proposed by-law appended to the staff report dated October 10, 2017 as Appendix "B" BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend the Official Plan by ADDING a policy to section 10.1.3 – Policies for Specific Areas;

 

c)         the proposed by-law appended to the staff report dated October 10, 2017 as Appendix "C" BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan as amended in parts a) and b) above, to change the zoning of the lands at the north portion of 100 Kellogg Lane FROM a Light Industrial (LI8) Zone TO a Holding Business District Commercial/Business District Commercial Special Provision (h-(_)*BDC1/BDC2(_)) Zone and on the south portion of 100 Kellogg Lane FROM a Light Industrial (LI8) Zone TO a Light Industrial Special Provision/Light Industrial (LI1(_)/LI3/LI4/LI5) Zone and on the lands located at 1097 and 1127 Dundas Street FROM a Light Industrial (LI2) TO a Holding Business District Commercial Special Provision (h-(_)*BDC1/BDC2(_)) Zone and on the north portion of 1063 Dundas Street and 1080 Dundas Street FROM a Business District Commercial (BDC) Zone TO a Business District Commercial Special Provision (BDC(_)) Zone and on the lands located at 335 and 353 Kellogg Lane and the south portion of 1063 Dundas Street FROM a Residential R2 (R2-2) Zone TO a Residential R2 Special Provision (R2-2(_)) Zone and on the lands located at 1151 York Street FROM a Light Industrial (LI7) Zone TO a Light Industrial Special Provision (LI7(_));

 

d)         the proposed by-law appended to the staff report dated October 10, 2017  as Appendix "D" BE INTRODUCED at a future Council meeting, to amend The London Plan by ADDING new policies to the Specific Policies for the Rapid Transit and Urban Corridor Place Type and Specific Policies for the Neighbourhoods Place Type and Light Industrial Specific Policies AND ADDING the subject lands to Map 7 – Specific Policy Areas – of The London Plan and that three readings of the by-law enacting The London Plan amendments BE WITHHELD until such time as The London Plan is in force and effect; and,

 

e)         the Site Plan Approval Authority BE REQUESTED to consider, through the site plan process, that accessory parking lots provide quality landscaping and screening along with a knee high wall on Dundas 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 these matters;

 

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

 

              the recommendation is consistent with Provincial Policy Statement 2014.

              the recommendation is consistent with the Main Street Commercial Corridor, Light Industrial policies and Policies for Specific Areas of the Official Plan;

              the recommendation provides for a compatible adaptive reuse of a large industrial site located within a community in transition comprised of legacy industrial uses, residential uses and new commercial land use policies;

              the recommendation will provide the subject site a variety of uses that will help activate the pedestrian realm along an arterial road and future rapid transit corridor;

               the lands being designated Main Street Commercial Corridor are in keeping with the future Rapid Transit Corridor place type of the London Plan;

               the recommendation to remove the subject site from the requirements of section 7.3.2 of the Official Plan and 40.3(4)(a) of the Zoning By-law No. Z-1, is appropriate as the London Plan recommends Light Industrial place types within 300 metres of the site; and,

               the recommended Policies for Specific Areas on the remaining sites is appropriate as it maintains the existing designations identified through the London Plan while providing flexibility for the site to support the uses at 100 Kellogg Lane as they have historically done.    (2017-D09)

 

13.

Property located at 2054 Adelaide Street North (39T-11502/OZ-7921)

 

That, on the recommendation of the Senior Planner, Development Services, in response to the appeal to the Ontario Municipal Board, dated October 15, 2014, as submitted by Peter Sergautis (Sherway Limited), relating to the Official Plan and Zoning By-law Amendments concerning the property located at 2054 Adelaide Street North:

 

a)         the Ontario Municipal Board BE ADVISED that Municipal Council supports the revised redlined draft plan of subdivision and revised conditions, appended to the staff report dated October 10, 2017 as Appendix “A”, submitted by Sherway Limited (File No. 39T-11502), which shows 132 single detached lots, one (1) low density block, two (2) medium density blocks, four (4) open space blocks, one (1) future access block, one (1) road widening block, several 0.3 m reserves, all served by four (4) new local streets and one (1) new secondary collector (Superior Drive) for the following reasons:

 

i)          the proposed draft plan is consistent with the Provincial Policy Statement;

ii)         the proposed draft plan is consistent with the Planning Act;

iii)         the proposed draft plan is consistent with the Official Plan;

iv)        the recommended Official Plan and Zoning By-law amendments encourage the development of a plan of subdivision that includes placemaking elements, and protects significant natural heritage features; 

 

 

 

b)         the Ontario Municipal Board BE ADVISED that Municipal Council recommends that the Official Plan BE AMENDED on the subject lands appended to the staff report dated October 10, 2017 as Appendix "B" to: 

 

i)          amend Schedule A - From Low Density Residential, Multi-Family, Medium Density Residential and Environmental Review to Low Density Residential, Multi-Family, Medium Density Residential, and Open Space; and,

ii)         amend Schedule C – add a Secondary Collector (Superior Drive); and,

 

c)         the Ontario Municipal Board BE ADVISED that Municipal Council recommends that the Zoning By-law No. Z.-1 BE AMENDED appended to the staff report dated October 10, 2017 as Appendix “C”, in conformity with the Official Plan as amended in part b) above FROM an  Environmental Review (ER) Zone and an Urban Reserve (UR3) Zone TO:

 

i)              a Holding Residential R1 Special Provision (h*h-100*R1-4(**)) Zone to permit single detached dwellings with a minimum lot area of 360 m2 and a minimum lot frontage of 12 m, with special provisions for reduced front yard setbacks of 3.0 metres to the main dwelling and 5.5 metres to the garage from a collector or local street and a 16.5 metres rear yard setback from the high pressure gas pipeline easement;

ii)             a Holding Residential R5 Special Provision/Residential R6 Special Provision (h*h-35*h-100*R5-2(*)/R6-1(*)) Zone to permit cluster townhouses and stacked townhouses at a maximum height of 12 metre and a maximum density of 30 units per hectare with a special provision for a minimum lot frontage of 12.0m (whereas 30.0 m is required in an R5 Zone), and to permit cluster single detached dwellings at a height of 10.5 metres and a maximum density of 15 units per hectare within the R6 Zone variation, with a special provision for a minimum lot frontage of 12.0m (whereas 30.0 m is required in an R6 Zone);

iii)            a Holding Residential R5 Special Provision/R6 Special Provision (h*h-100*R5-4(**)/R6-5(**)) Zone to permit cluster townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 30 units per hectare, with special provisions for reduced front yard setbacks of 3.0 metres to the main dwelling and 5.5 metres to the garage from a collector or local road and a 16.5 metres rear yard setback from the high pressure gas pipeline easement (within the R5 Zone variation), and to permit cluster single detached, semi-detached or duplex dwellings at a height of 10.5 metre and a maximum density of 30 units per hectare, with special provisions for  reduced front yard setbacks of 3.0 metres to the main dwelling and 5.5 metres to the garage from a collector or local road and a 16.5 metres rear yard setback from the high pressure gas pipeline easement;

iv)        a Holding Residential R5 Special Provision/R6 Special Provision/Residential R8 (h. h-100•R5-4(*)/R6-5(*)/R8-4) Zone to permit cluster townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 40 units per hectare (within the R5 Zone variation), with special provisions for reduced front yard setbacks of 3.0 metres to the main dwelling and 5.5 metres to the garage from a collector or local road, and to permit cluster single detached, semi-detached or duplex dwellings at a height of 12 metres and a maximum density of 35 units per hectare (within the R6 Zone variation), with special provisions for reduced front yard setbacks of 3.0 metre to the main dwelling and 5.5 metre to the garage from a collector or local road, and to permit apartment buildings, handicapped person’s apartment buildings, lodging house class 2, stacked townhousing,  senior citizen apartment buildings,  emergency care establishments, and continuum-of-care facilities at a maximum height of 13.0 metres and a maximum density of 75 units per hectare;

v)         an Open Space (OS1) Zone to permit conservation lands and works, public and private parks, and public and private golf courses (used as a public pathway);  and,

vi)        an Open Space (OS5) Zone to permit conservation land and works;

 

it being noted that the holding provisions will address the following:

 

               (h) - to ensure that there is orderly development through the execution of a subdivision agreement and adequate securities; and,

              (h-100) -to ensure there is adequate water service and appropriate access, a looped watermain system must be constructed and a second public access must be available;

 

 

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated September 28, 2017, from A .L. Ferreia, Ferreira Law, with respect to this matter(2017-D09/L01)

 

14.

Small Agricultural Lot Creation for Microfarming Operations

 

That the Agricultural Advisory Committee BE REQUESTED to provide comments on small agricultural lot creation for microfarming operations in the context of Provincial Policy Statement Section 2.3.4.1.a), London Plan Policy 1228 and Official Plan (1989) Policies 9.2.14.3 and 9.1.1.iv.

 

Motion Passed

 

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

 

Motion made by Councillor T. Park to Approve clause 4.

 

4.

Properties located at 633, 635, 637, 645, 649, 651 and 655 Base Line Road East - Notice of Appeal to Ontario Municipal Board (OZ-8711)

 

That, on the recommendation of the Managing Director, Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board, received July 25, 2017, submitted by Daniel Cardoso, relating to the Official Plan and Zoning By-law Amendment OZ-8711 concerning 633, 635, 637, 645, 649, 651, 655 Base Line Road East, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it.   (2017-D09)

 

Motion made by Councillor T. Park and seconded by Councillor M. Cassidy to Approve that clause 4 be amended to read as follows:

 

“That the staff report dated October 10, 2017 from the Managing Director, Planning and City Planner and entitled “Application by:  Seasons Retirement Communities 633, 635, 637, 645, 651 & 655 Base Line Road East Notice of Appeal to the Ontario Municipal Board”, BE RECEIVED for information; it being noted that the appeal to the Ontario Municipal Board regarding this matter has been withdrawn.”

 

Motion Passed

 

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

 

Motion made by Councillor T. Park and seconded by Councillor A. Hopkins to Approve clause 4, as amended.

 

Motion Passed

 

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

 

Clause 4, as amended, reads as follows:

 

That the staff report dated October 10, 2017 from the Managing Director, Planning and City Planner and entitled “Application by:  Seasons Retirement Communities 633, 635, 637, 645, 651 & 655 Base Line Road East Notice of Appeal to the Ontario Municipal Board”, BE RECEIVED for information; it being noted that the appeal to the Ontario Municipal Board regarding this matter has been withdrawn.”

 

At 5:30 PM, Councillor P. Squire enters the meeting.

 

 

 

 

 

 

 

 

Motion made by Councillor S. Turner to Approve clause 11.

 

11.

Property located at 6188 Colonel Talbot Road (Z-8795)

 

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Mainline Planning Services Inc., relating to the property located at 6188 Colonel Talbot Road, the request to amend Zoning By-law No. Z.-1 by changing the zoning of the subject property FROM an Agricultural (AG2) Zone TO a Holding Agricultural Special Provision (h-18•AG2(_)) Zone, BE REFUSED for the following reasons:

 

a)         the requested amendment is not consistent with the Provincial Policy Statement (2014) with regards to agricultural lot creation;

 

b)         the requested amendment does not comply with the policies of the 1989 Official Plan for the City of London that relate to agricultural lot creation;

 

c)         the requested amendment does not comply with the policies in The London Plan that relate to agricultural lot creation; and,

 

d)         the requested amendment would facilitate the creation of parcels that are not of a suitable size for the type of agricultural uses common to the area, and therefore do not maintain flexibility for future changes in the type or size of agricultural operations;

 

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 these matters;

 

it being further noted that the Municipal Council does not support this application for the following reasons:

 

               the requested amendment is not consistent with the Provincial Policy Statement (2014) with regards to agricultural lot creation;

               the requested amendment does not comply with the policies of the 1989 Official Plan for the City of London that relate to agricultural lot creation;

              the requested amendment does not comply with the policies in The London Plan that relate to agricultural lot creation; and,

               the requested amendment would facilitate the creation of parcels that are not of a suitable size for the type of agricultural uses common to the area, and therefore do not maintain flexibility for future changes in the type or size of agricultural operations.    (2017-D09)

 

Motion made by Councillor T. Park and seconded by Councillor H.L. Usher, that pursuant to section 9.6 of the Council Procedure By-law, Councillor A. Hopkins be permitted to speak longer than 5 minutes with respect to this matter.

 

Motion Passed

 

Motion made by Councillor A. Hopkins and seconded by Councillor B. Armstrong to Approve that clause 11 of the 19th Report of the Planning and Environment Committee with respect to the application of Mainline Planning Services Inc., relating to the property located at 6188 Colonel Talbot Road to rezone the subject land to facilitate the severance of an indoor hydroponic mushroom farm from a larger agricultural parcel BE REFERRED back to the Civic Administration to undertake further discussions with the applicant as to other options that may be available with respect to this proposal and to report back to a future meeting of the Planning and Environment Committee on the results of those discussions.

 

Motion Failed

 

YEAS: B. Armstrong, A. Hopkins (2)

 

NAYS: M. Brown, M. van Holst, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

 

 

 

 

 

The motion to Approve clause 11 is put.

 

Motion Failed

 

YEAS: B. Armstrong, M. Salih, J. Helmer, J. Morgan, A. Hopkins, S. Turner, T. Park (7)

 

NAYS: M. Brown, M. van Holst, M. Cassidy, P. Squire, P. Hubert, H.L. Usher, J. Zaifman (7)

 

Motion made by Councillor M. Cassidy and seconded by Councillor M. van Holst to Approve that clause 11 of the 19th Report of the Planning and Environment Committee with respect to the application of Mainline Planning Services Inc., relating to the property located at 6188 Colonel Talbot Road to rezone the subject land to facilitate the severance of an indoor hydroponic mushroom farm from a larger agricultural parcel BE REFERRED back to the Civic Administration to examine options available under Provincial policy and to potentially engage an independent Planner with respect to the application, and to report back to a future meeting of the Planning and Environment Committee.

 

Motion Failed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Hubert, H.L. Usher (6)

 

NAYS: M. Salih, J. Helmer, P. Squire, J. Morgan, A. Hopkins, S. Turner, T. Park, J. Zaifman (8)

 

Municipal Council was unable to reach a majority decision on this matter and therefore the matter will be placed as a Deferred Matter on the next Council Agenda for consideration and disposition.

 

 

13th Report of Community and Protective Services Committee

                        Councillor H.L. Usher presents.

 

Motion made by Councillor H.L. Usher to Approve clauses 1 to 3, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Business Licensing By-law Review - Amendments to Allow for Transitioning to New By-Law (Relates to Bill No.'s 611 and 612)

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the Business Licensing By-law review:

 

a)         the proposed by-law, as appended to the staff report dated October 4, 2017, BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. L-128-117 entitled “A by-law for licensing, regulating and governing persons who carry on the business of leasing mobile signs”; and,

 

b)         the proposed by-law, as appended to the staff report dated October 4, 2017, BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to amend By-law No. L-6 entitled “A by-law to provide for the licensing and regulation of various businesses”.  (2017-P09)

 

3.

Business Licensing By-law Review - New and Revised Regulations

 

That the following actions be taken with respect to the revised proposed Business Licensing By-law, as appended to the staff report dated October 4, 2017 from the Managing Director, Development and Compliance Services and Chief Building Official:

 

a)         the draft Business Licensing By-law BE REFERRED to the Chief Municipal By-law Enforcement Officer for additional review, based on the comments heard at the public participation meeting held on October 4, 2017, with a report back within two meeting cycles; and,

 

b)         recognizing that the stigma associated with sex work can be a barrier to participation in public participation meetings, the City Manager or designate BE DIRECTED to report back with a proposed consultation and engagement approach for any future public participation meetings for amendments with respect to the business licensing by-law related to adult live entertainment parlours and adult body rub parlours to allow people with lived experience of sex work to share their experiences and comment on the licensing bylaw and proposed amendments thereto without sharing personal identification;

 

it being noted that the Community and Protective Services Committee received the attached presentation from O. Katolyk, Chief Municipal Law Enforcement Officer and a communication from N. Sayers, 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 submissions in connection therewith. (2017-P09)

 

Motion Passed

 

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

 

RECUSED: S. Turner (1)

 

At 5:50 PM Councillors P. Hubert and J. Zaifman leave the meeting.

 

 

14th Report Community and Protective Services Committee

                        Councillor M. Salih presents.

 

Motion made by Councillor M. Salih to Approve clauses 1 to 5 and 7 to 16.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

3rd Report of the Town and Gown Committee

 

That it BE NOTED that the 3rd Report of the Town and Gown Committee, from its meeting held on September 13, 2017, was received.

 

3.

8th Report of the London Housing Advisory Committee

 

That it BE NOTED that the 8th Report of the London Housing Advisory Committee, from its meeting held on September 13, 2017, was received.

 

4.

RFP 17-06 - Cold Beverage Vending (Relates to Bill No. 599)

 

That, on the recommendation of the Acting Managing Director, Parks and Recreation and the Managing Director, Neighbourhood, Children and Fire Services, the proposed by-law, as appended to the staff report dated October 11, 2017, BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017 to:

 

a)         authorize and approve an Agreement, as appended to the above-noted by-law, between The Corporation of the City of London and PepsiCo Beverages Canada to supply cold beverages at the City’s three municipal golf courses and for the vending machines at City of London Arenas, Community Centres, Dearness Home and City Hall; and,

 

b)         authorize the Mayor and the City Clerk to execute the above-noted Agreement. (2017-F17)

 

5.

Veterinary Services

 

That, on the recommendation of the Managing Director, Development and Compliance Services and the Chief Building Official, the following actions be taken with respect to veterinary services:

 

a)         the contracting of a full-time veterinary service provided by Tracy Satchell, Doctor of Veterinary Medicine (DVM) and expanded scope of animal welfare initiatives for the City of London and the submitted total annual cost of services of $107,823.00 BE ACCEPTED;

b)         the Managing Director, Development and Compliance Services and Chief Building Official, or designate, BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this contract; and,

 

c)         approvals hereby given BE CONDITIONAL upon The Corporation of the City of London entering into a formal contract or issuing a purchasing order, related to the subject matter of this approval. (2017-P14)

 

7.

Adults 18 and Over Income-Related Subsidized  Public Transit Program Council By-Law, Agreement and Administration Process (Relates to Bill No.'s 600 and 613)

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the income related subsidized transit program:

 

a)         the proposed by-law, as appended to the staff report dated October 11, 2017, BE INTRODUCED at the Municipal Council meeting on October 17, 2017 to:

 

i)          approve an Agreement between The Corporation of the City of London and the London Transit Commission for the establishment of a Low Income Bus Pass and to authorize a grant to the London Transit Commission; and,

ii)         authorize the Mayor and the City Clerk to execute the above-noted Agreement;

 

b)         the proposed by-law, as appended to the staff report dated October 11, 2017, BE INTRODUCED at the Municipal Council meeting on October 17, 2017, to repeal sections 1, 2 and 3 of By-law L.T.C.-52-13, being a by-law to provide for entering into an arrangement with the London Transit Commission with respect to reduced bus fares for elderly persons, passed on December 16, 1991; and,

 

c)         any 2018 costs in excess of the funding already identified with respect to the enhanced income-related subsidy program, BE FUNDED first from any potential 2018 Property Tax Supported Operating Budget Surplus and then, if required, through a drawdown from contingency reserves; it being noted that program uptake will be assessed in 2018 to determine the ongoing funding requirements for the program and Civic Administration will bring forward a 2019 Budget Amendment to provide for permanent, ongoing program funding. (2017-T03)

 

8.

Automatic Aid Agreement with Central Elgin (Relates to Bill No. 601)

 

That, on the recommendation of the Fire Chief and the concurrence of the Managing Director, Neighbourhood, Children and Fire Services, the proposed by-law, as appended to the staff report dated October 11, 2017, BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017, to:

 

a)         approve the Automatic Aid Agreement between The Corporation of the City of London and the Corporation of the Municipality of Central Elgin regarding the provision of certain fire protection services by Central Elgin to specified areas within London; and,

 

b)         authorize the Mayor and the City Clerk to execute the above-noted Agreement. (2017-P03)

 

9.

London’s Homeless Prevention System - Contract Award Request For Proposal 17-39 - London Homeless Prevention Allowance Program

 

That, on the recommendation of the Managing Director, Neighbourhood, Children and Fire Services, with the concurrence of the Director, Financial Services, the following actions be taken with respect to the award of the contract for London Homeless Prevention Allowance Program (RFP 17-39):

 

a)         the contract BE AWARDED to each of the following five organizations, in accordance with Appendix “A” as appended to the staff report dated October 11, 2017: London CAReS, Regional HIV/AIDS Connection; Street Level Women at Risk, Addiction Services of Thames Valley; Rotholme Women’s and Family Shelter, Mission Services of London; Project Home, St. Leonard’s Society of London; and, Housing First Program, Canadian Mental Health Association Middlesex for a combined total funding amount of up to $400,000 in 2017 and $500,000 in 2018 and 2019 to provide London Homeless Prevention Allowances; it being noted that the proposals submitted by all proponents meet the City’s requirements and are in compliance with the Procurement of Goods and Services Policy;

 

b)         the Managing Director, Neighbourhood, Children and Fire Services, or designate, BE AUTHORIZED to undertake all administrative acts which are necessary in relation to this project;

 

c)         the approval given herein BE CONDITIONAL upon The Corporation of the City of London entering into a Purchase of Service Agreement with Regional HIV/AIDS Connection; Addiction Services of Thames Valley; Mission Services of London, Rotholme Women’s and Family Shelter; St. Leonard’s Society of London; and, Canadian Mental Health Association Middlesex; and,

 

d)         the annual funding approval noted in part a) above, is SUBJECT TO the availability of funding through the City of London, and/or other funding sources. (2017-S14)

 

10.

9th Report of the Accessibility Advisory Committee

 

That the following actions be taken with respect to the 9th Report of the Accessibility Advisory Committee from its meeting held on September 28, 2017:

 

a)         that the following actions be taken with respect to the Education and Awareness Sub-Committee Report from the meeting held on July 4, 2017:

 

i)                      the Chair of the Accessibility Advisory Committee (ACCAC) BE APPROVED to officially promote and respond to media inquiries for the Accessibility Open Houses on behalf of the ACCAC as a whole; it being noted that the ACCAC supports designation of a delegate from the committee to speak on behalf of the ACCAC, on matters related to the Accessibility Open Houses as needed;

ii)         that it BE NOTED that funds identified in the 2017 Work Plan, for the purpose of “translation” may be used for alternate format production of ACCAC documents, as required; and,

iii)         the remainder of the Education and Awareness Sub-Committee Report, BE RECEIVED;

 

b)         the following actions be taken with respect to the Built Environment and Facilities Sub-Committee Reports from the meetings held on July 10, 2017 and September 11, 2017:

 

i)          a representative of the Development and Compliance Services area BE REQUESTED to formally present the site-plan review checklist format and usage to the Accessibility Advisory Committee (ACCAC) with the anticipation of the ACCAC's endorsement for use by City staff as a resource tool with respect to the ACCAC's AODA review process requirements;

ii)         the Community and Protective Services Committee BE REQUESTED to give delegate status to a representative of the ACCAC to present/discuss concerns with respect to the City's implementation of inclusive designs, policies and/or best practices specifically related, but not limited, to the Community Gardens Program;

iii)         the Sub-Committee review of the current Draft Conservation Master Plan Phase II for the Medway Valley Heritage Forest ESA (south), as appended to the above-noted report, BE FORWARDED to L. McDougall, Ecologist Planner and the City of London Trail Advisory Group for their consideration;

iv)        the Sub-Committee review of the Annual Status Update (current draft v3) of the City of London Multi-Year Accessibility Plan, as appended to the above-noted report, BE FORWARDED to C. Da Silva, Specialist I, Municipal Policy (AODA), for consideration;

v)         a representative of the London Transit Commission BE INVITED to a future meeting of the ACCAC to provide information regarding the status of accessible and specialized transit within the City of London, with particular focus on:

 

A)        strategies and approaches designed to improve service for persons with disabilities; and,

B)        the anticipated outcomes of BRT and its impact on persons with disabilities; and,

vi)        the remainder of the Sub-Committee reports BE RECEIVED;

 

 

c)         that the following actions be taken with respect to the Policy Sub-Committee report from the meeting held on July 4, 2017:

 

i)          Municipal Council BE REQUESTED to read a statement, in the spirit of the following, prior to each Council and Standing Committee meeting:

 

"The City of London is committed to fostering an accessible and inclusive community wherein all members of the public have equitable access to Municipal Council and its activities. To facilitate this environment, the City of London offers supportive devices, communications supports and adaptive technologies to those in attendance and those off-site. If you require assistance, please contact the City Clerk.";

 

ii)         the Division Manager, Roadway Lighting and Traffic Control BE REQUESTED to provide information to the Accessibility Advisory Committee with respect to “Deaf/Blind Child Area” signage, specifically:

 

A)       how placement is determined;

B)       application/request process;

C)       duration of review periods; and,

D)       other similar signage available or under consideration (e.g. related to Autism); and,

 

iii)         the remainder of the Policy Sub-Committee Report BE RECEIVED;

 

d)         that J. Ramsay, Project Manager, Rapid Transit, BE ADVISED that Kash Husain will represent the Accessibility Advisory Committee on the Municipal Advisory Group related to Rapid Transit;

 

e)         that no action BE TAKEN with respect to the request for support from The Forward Movement to adopt the Dynamic Symbol of Access (DSA) as alternative to the currently used International Symbol of Access (ISA); and,

 

f)          clauses 1, 2, 6 to 15, 17 to 19, 21 and 22, BE RECEIVED.

 

11.

By-Law Amendments to Dog Licensing & Control By-law, Animal Control By-law, Pit Bull Dog Licensing By-law, and Public Pound By-law (Relates to Bill No.'s 614, 615, 616 and 617)

 

That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official, the four proposed by-laws, appended to the staff report dated October 11, 2017, BE INTRODUCED at the Municipal Council meeting to be held on October 17, 2017, to:

 

a)         amend By-law No. PH-3, entitled “A by-law to provide for the regulation, restriction and prohibition of the keeping of animals in the City of London” to amend fees and charges related to cat registration fees within Schedule “A”, appended to the by-law, and for minor housekeeping amendments;

 

b)         amend By-law No. PH-4, entitled “A by-law to provide for the regulation, restriction and prohibition of the keeping and running at large of dogs in the City of London” to amend fees and charges related to dog registration licensing fees within Schedule “A”, appended to the by-law, and for minor housekeeping amendments;

 

c)         amend By-law No. PH-5, entitled “A by-law to provide for the Appointment of a Poundkeeper and to regulate the Public Pound” to amend fees and charges related to dog registration licensing fees within Schedule “A”, appended to the by-law, and for minor housekeeping amendments; and,

 

d)         amend By-law No. PH-12, entitled “A by-law to provide for the licensing and regulation of the keeping of Pit Bull Dogs in the City of London” to amend fees and charges related to dog registration licensing fees within Schedule “A”, appended to the by-law;

 

it being pointed out that at the public participation meeting associated with this matter, there were no submissions made. (2017-P14)

 

 

 

12.

Request for Information - London Police Services Cost - August 26, 2017 and September 23, 2017 Protests

 

That no action BE TAKEN with respect to the communication from Councillor M. van Holst with respect to a request for information from London Police Services related to the costs of policing the protests on August 26, 2017 and September 23, 2017 at London City Hall. (2017-P16)

 

13.

8th and 9th Reports of the Animal Welfare Advisory Committee

 

That the following actions be taken with respect to the 8th and 9th Reports of the Animal Welfare Advisory Committee (AWAC) from its meetings held on September 7, 2017 and October 5, 2017:

 

a)         on the recommendation of the AWAC, clause 4 of the 8th Report, from the meeting held on September 7, 2017, BE RESCINDED; it being noted that the AWAC has referred the matter of proposed amendments to the Animal Control By-law to the AWAC sub-committee for re-evaluation;

 

b)         the following actions be taken with respect to the 8th Report of the Animal Welfare Advisory Committee from its meeting held on September 7, 2017:

 

i)          the Managing Director, Development and Compliance Services and Chief Building Official, BE ADVISED that the Animal Welfare Advisory Committee (AWAC) supports and endorses the attached communication with respect to the recommendations for the Business Licensing By-law list of Permitted Animals for Sale in Pet Stores, with the removal of the reference to bees (under Invertebrates) as this removal aligns with the Urban Agriculture Strategy position with respect to bees; and,

ii)          clauses 1 to 3, 6 and 7 BE RECEIVED;

 

c)         the following actions be taken with respect to the 9th Report of the Animal Welfare Advisory Committee from its meeting held on October 5, 2017:

 

i)          the Director, Water and Wastewater BE REQUESTED to provide a presentation to the Animal Welfare Advisory Committee with respect to One River – Creating a Master Plan, as it relates to animal welfare and urban wildlife; and,

ii)          clauses 1, 2, 4 and 5 BE RECEIVED.

 

14.

9th Report of the Diversity, Inclusion and Anti-Oppression Advisory Committee

 

That the following actions be taken with respect to the 9th Report of the Diversity, Inclusion and Anti-Oppression Advisory Committee from its meeting held on September 14, 2017:

 

a)         a representative from the Advisory Committee on the Environment BE REQUESTED to make a presentation with respect to the Resilient Cities Conference at the next meeting of the Diversity, Inclusion & Anti-Oppression Advisory Committee (DIAAC); it being noted that the DIAAC deferred consideration of the request for financial support for the event to the next meeting; and,

 

b)         clauses 1 to 9 and 11 to 16, BE RECEIVED.

 

15.

5th Report of the Community Safety & Crime Prevention Advisory Committee

 

That the following actions be taken with respect to the 5th Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on September 28, 2017:

 

a)         the following actions be taken with respect to clause 6 of the 4th Report of the Community Safety and Crime Prevention Advisory Committee:

 

i)          pursuant to section 13.6 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of July 25, 2017, related to the adoption of clause 6 of the 4th Report of the Community and Protective Services Committee, concerning the 2017 Community Safety Week BE RECONSIDERED; and,

 

ii)         clause 6 BE AMENDED by deleting part a) in its entirety and replacing it with the following:

 

“a) Councillors A. Hopkins, P. Hubert and V. Ridley and other City representatives deemed appropriate BE REQUESTED to meet with L. Steel (Chair), J. Bennett (Co-Chair) and L. Norman (Co-Chair) to discuss the 2017 Community Safety Week;”;

 

b)         the following actions be taken with respect to the Community Safety Surveys:

 

i)          the Community Safety Surveys BE REFERRED to the Community Safety Week Working Group to review and to report back at a future meeting; and,

ii)         Corporate Communications BE REQUESTED to issue a Media Release asking the public to fill out the Community Safety and Crime Prevention online survey;

 

c)         the attached 2017 Work Plan for the Community Safety and Crime Prevention Advisory Committee BE  APPROVED;

 

d)         J. Ramsay, Project Manager, Rapid Transit, BE ADVISED that G. Lowe will represent the Community Safety and Crime Prevention Advisory Committee (CSCP) on the Municipal Advisory Group related to Rapid Transit, subject to the meeting schedule and his availability; it being noted that M. Sherritt will act as an alternate representative for the CSCP on the Advisory Group;

 

e)         a representative from the London Police Services and Municipal By-law Enforcement BE REQUESTED to attend a future Community Safety and Crime Prevention Advisory Committee meeting to discuss traffic calming measures in school zones, specifically relating to education and enforcement; and,

 

f)          clauses 1 to 3, 6, 7, 10 and 11, BE RECEIVED.

 

16.

Deferred Matters List

 

That the September 2017 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

 

Motion Passed

 

YEAS: 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)

 

At 5:52 PM Councillor P. Hubert enters the meeting.

 

Motion made by Councillor M. Salih to Approve clause 6.

 

6.

East Community Centre - Tender 17-67 - Project #P015-RC2756

 

That, on the recommendation of the Acting Managing Director, Parks and Recreation and the Managing Director, Neighbourhood, Children and Fire Services the following actions be taken with respect to the East Community Centre, Tender 17-67, Project #P015-RC2756:

 

a)         the bid submitted by Jasper Construction Corp., 344 North Rivermede Road, Concord, Ontario, L4K 3N2, at its tendered price of $21,444,000.00 (excluding HST), BE ACCEPTED; it being noted that the bid submitted was the lowest bid received and meets the City’s specifications and requirements in all areas;

 

b)         the existing contract with MacLennan Jaunkalns Miller Architects Ltd. (MJMA) BE INCREASED by $127,000.00 to an upset limit of $1,089,200.00 (excluding HST), in accordance with Section 20.3 (e) of the Procurement of Goods and Services Policy;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report as appended to the staff report dated October 11, 2017;

 

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

 

e)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work; 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. (2017-R05B)

 

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)

 

Motion made by Councillor M. Salih to Approve clause 17.

 

17.

Youth and Low Income Bus Passes

 

That the Managing Director, Neighbourhood, Children and Fire Services BE DIRECTED to bring forward a proposal for a youth bus pass to be considered during budget deliberations with the following general guidelines:

 

a)         the pass will provide for a reduced rate bus pass for all youth aged 13-17 with consideration given to the same monthly pass rate as the low income bus pass being $52.00 per month;

 

b)         that the pass be available for a two year pilot only, during which time staff will monitor the success of the pass in terms of both sales revenue and cost. At the end of the pilot period council shall consider the continuation of the pass on a permanent basis;

 

c)         staff will work with the London Transit Commission to ensure that the Commission does not suffer a loss in revenue from pass sales and ticket sales for current youth passengers. Staff will also work with the commission to ensure that the commission is compensated for any additional costs attributable to the pass. Provided, however that the commission will not be compensated for all youth bus passes sold during the pilot period;

 

d)         staff will continue to work with the London District Catholic School Board and the Thames Valley District School Board to encourage their support for and participation in this pilot project; and,

 

e)         this proposal shall be referred to the budget deliberations for 2018 as a proposed business case which shall include alternative proposals, costs and sources of funding. (2017-T03)

 

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)

 

IX

ADDED REPORTS

 

 

17th Report of the Strategic Priorities and Policy Committee

                        Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1, 3 and 4.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

3.

Standing Committee Appointments

 

That the following appointments BE MADE to the Standing Committees of the Municipal Council for the term December 1, 2017 to November 30, 2018:

 

a)         Civic Works Committee

           

            Councillor V. Ridley (Chair)

            Councillor P. Squire

            Councillor P.  Hubert

            Councillor H.L. Usher

            Councillor T. Park

 

b)         Community and Protective Services Committee

 

            Councillor M. Cassidy (Chair)

            Councillor B. Armstrong

            Councillor M. Salih

            Councillor V. Ridley

            Councillor P. Squire

 

c)         Corporate Services Committee

 

            Councillor J. Helmer (Chair)

            Councillor M. van Holst

            Councillor P. Hubert

            Councillor J. Morgan

            Councillor J. Zaifman

 

d)         Planning and Environment Committee

 

            Councillor S. Turner (Chair)

            Councillor J. Helmer

            Councillor M. Cassidy

            Councillor A. Hopkins

            Councillor T. Park;

 

it being noted that the above-noted Chair appointments were made in accordance with the attached ranked ballots.

 

4.

Resignation from the Rapid Transit Implementation Working Group

 

That the resignation from Councillor A. Hopkins from the Rapid Transit Implementation Working Group BE ACCEPTED.

 

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)

 

Motion made by Councillor M. Salih to Approve clause 2.

 

2.

Establishment of Indigenous Relations Working Group

 

That, on the recommendation of the City Clerk, the following actions be taken with respect to the establishment of an Indigenous Relations Working Group:

 

a)         the following Members of Council BE APPOINTED to serve on the Indigenous Relations Working Group:

 

•           Mayor M. Brown

•           Councillor M. Cassidy

•           Councillor A. Hopkins

•           Councillor T. Park

•           Councillor V. Ridley

•           Councillor H.L. Usher

•           Councillor M. van Holst; and

 

b)         the proposed Terms of Reference for the Indigenous Relations Working Group, appended to the staff report dated October 16, 2017, BE APPROVED.

 

 

 

 

 

 

 

 

 

 

 

Motion made by Councillor J. Morgan and seconded by Councillor M. van Holst to Approve that part b) of clause 2 be amended to read as follows:

 

b)         the proposed attached revised Terms of Reference for the Indigenous Relations Working Group BE APPROVED; it being noted that the “Duties” of the Working Group were amended by deleting part b).”

 

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)

 

Motion made by Councillor J. Morgan and seconded by Councillor H.L. Usher to Approve clause 2, as amended.

 

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)

 

Clause 2, as amended, reads as follows:

 

“That, on the recommendation of the City Clerk, the following actions be taken with respect to the establishment of an Indigenous Relations Working Group:

 

a)         the following Members of Council BE APPOINTED to serve on the Indigenous Relations Working Group:

 

•           Mayor M. Brown

•           Councillor M. Cassidy

•           Councillor A. Hopkins

•           Councillor T. Park

•           Councillor V. Ridley

•           Councillor H.L. Usher

•           Councillor M. van Holst; and

 

b)         the proposed attached revised Terms of Reference for the Indigenous Relations Working Group BE APPROVED; it being noted that the “Duties” of the Working Group were amended by deleting part b).”

 

Motion made by Councillor T. Park to Approve clause 5.

 

5.

Support of Hosting Request – International Plowing Match

 

That the following actions be taken with respect to hosting the International Plowing Match:                                           

 

a)         the Ontario Plowmen’s Association BE ADVISED that the City of London is interested in the potential for the City of London hosting an International Plowing Match in London, Ontario, subject to the City of London undertaking the necessary due diligence in order to determine whether or not it wishes to submit a formal bid to host the event; and

 

b)         the City Manager, in liaison with the appropriate City staff and partners, BE REQUESTED to determine what financial or other resources would be required in connection with the event and where those resources would be sourced, and report back with that information so that the Municipal Council can make an informed decision with respect to whether or not the City of London wishes to commit to hosting the event;

 

it being noted that the Strategic Priorities and Policy Committee heard a verbal delegation from Cathy Lasby, Executive Director, Ontario Plowmen’s Association, providing general information regarding the resources, oversight and commitment of the Ontario Plowmen’s Association toward the International Plowing Match; emphasizing the fact that the event not only showcases the participants, but also the host community; indicating that often the $100,000 seed monies sought from the host community are not required in full or, in some cases, are even waived and are not required as part of a bid submission; and providing general information regarding this year’s Plowing Match in terms of participation, attendance and returns for the host community;

 

 

it being further noted that the Strategic Priorities and Policy Committee received a communication dated October 6, 2017 from Mayor M. Brown and Councillor B. Armstrong, and a communication dated October 13, 2017 from Councillor B. Armstrong, with respect to this matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, S. Turner, H.L. Usher (10)

 

NAYS: M. Salih, J. Morgan, T. Park (3)

 

 

23rd Public Report of the Council, In Closed Session

                        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, S. Turner, H.L. Usher, T. Park and J. Zaifman and C. Saunders (City Clerk).

 

ABSENT:  Councillor V. Ridley.

 

ALSO PRESENT:  M. Hayward, A.L. Barbon, B. Card, B. Coxhead, J.M. Fleming, N. Hall, L. Rowe, K. Scherr, J. Stanford, B. Warner and T. Wellhauser.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 3, inclusive.

 

1.         Property Value Protection Plan Agreement – 5725 White Oak Road – W12A Landfill Site

 

That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to 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 concurrence of the Managing Director, Environmental and Engineering Services and City Engineer and the Director of Environment, Fleet and Solid Waste, the W12A Landfill Property Value Protection Plan Agreement, attached as Appendix “B”, for 5725 White Oak Road, BE APPROVED.

 

2.         Lease of Office Space – Request for Proposal No. 17-22 for Rapid Transit Implementation Office, Environmental and Engineering Services – London Public Library – 251 Dundas Street

 

That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to 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, with the concurrence of the Managing Director of Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the lease of office space at 251 Dundas Street, the London Public Library:

 

a)         the lease agreement between The Corporation of the City of London and the London Public Library, attached as Schedule “A”, BE APPROVED; and

 

b)         the financing for the leasehold improvements associated with the lease in the amount of $500,000, representing fit out costs, BE APPROVED as set out in the Source of Financing Report  attached hereto as Appendix “A”.

 

 

 

 

 

 

 

 

 

 

3.         Managing Director, Parks and Recreation

 

That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to Council for deliberation and a vote in public session:

 

That, on the recommendation of the Corporate Services Committee, on the advice of the City Manager, the following actions be taken with respect to the position of Managing Director, Parks and Recreation:

 

a)         Scott Stafford BE APPOINTED Managing Director, Parks and Recreation, effective October 18, 2017; and

 

b)         the Civic Administration BE DIRECTED to take all actions necessary to implement the appointment in a), above.

 

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)

 

 

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

Councillor B. Armstrong enquires as to the status of the City of London’s bid to host the 2019 Juno Awards noting that he saw an article in the media indicating that the Juno organization has approached the City of Hamilton with respect to a bid to host the same Awards.  Councillor B. Armstrong asked if Tourism London could provide a report providing an update with respect to the City of London bid.  Councillor P. Hubert, as a member of Tourism London Board, indicates that this matter was discussed at the Tourism London Board meeting held today and that it is an open bid process and that London continues to be very much in the running to host the Awards. 

 

Councillor M. Cassidy enquires as to the applicability of the warranted sidewalk program where existing sidewalks may not meet accessibility requirements and noted that this is an issue in her ward and questions if there is a more consolidated approach to addressing these out-of-standard sidewalks.  The City Engineer outlines the approach during construction projects and that staff are looking at the potential for a future program to address this issue, which will be brought forward for consideration during the discussion of a future multi-year budget.

 

XII

EMERGENT MOTIONS

 

None.

 

 

17th Report of the Strategic Priorities and Policy Committee (continued)

                        Councillor J. Morgan presents.

 

Motion made by Councillor J. Helmer and seconded by Councillor M. Cassidy to Approve that pursuant to section 13.2 of the Council Procedure By-law reconsideration of clause 5 of the 17th Report of the Strategic Priorities and Policy Committee be permitted.

 

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)

 

 

 

 

 

 

 

 

 

Motion made by Councillor B. Armstrong and seconded by Councillor M. Cassidy to Approve clause 5.

 

5.

Support of Hosting Request – International Plowing Match

 

That the following actions be taken with respect to hosting the International Plowing Match:                                           

 

a)         the Ontario Plowmen’s Association BE ADVISED that the City of London is interested in the potential for the City of London hosting an International Plowing Match in London, Ontario, subject to the City of London undertaking the necessary due diligence in order to determine whether or not it wishes to submit a formal bid to host the event; and

 

b)         the City Manager, in liaison with the appropriate City staff and partners, BE REQUESTED to determine what financial or other resources would be required in connection with the event and where those resources would be sourced, and report back with that information so that the Municipal Council can make an informed decision with respect to whether or not the City of London wishes to commit to hosting the event;

 

it being noted that the Strategic Priorities and Policy Committee heard a verbal delegation from Cathy Lasby, Executive Director, Ontario Plowmen’s Association, providing general information regarding the resources, oversight and commitment of the Ontario Plowmen’s Association toward the International Plowing Match; emphasizing the fact that the event not only showcases the participants, but also the host community; indicating that often the $100,000 seed monies sought from the host community are not required in full or, in some cases, are even waived and are not required as part of a bid submission; and providing general information regarding this year’s Plowing Match in terms of participation, attendance and returns for the host community;

 

it being further noted that the Strategic Priorities and Policy Committee received a communication dated October 6, 2017 from Mayor M. Brown and Councillor B. Armstrong, and a communication dated October 13, 2017 from Councillor B. Armstrong, with respect to this matter.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, S. Turner, H.L. Usher (9)

 

NAYS: M. Salih, J. Helmer, J. Morgan, T. Park (4)

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor M. van Holst and seconded by Councillor B. Armstrong to Approve Introduction and First Reading of Bill No.’s 596 to 621, the revised Bill No. 622 and Added Bill No.’s 623 to 626, excluding Bill No.’s 611 and 612.

 

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)

 

Motion made by Councillor M. van Holst and seconded by Councillor A. Hopkins to Approve Second Reading of Bill No.’s 596 to 621, the revised Bill No. 622 and Added Bill No.’s 623 to 626, excluding Bill No.’s 611 and 612.

 

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)

 

 

 

 

 

 

 

 

Motion made by Councillor M. van Holst and seconded by Councillor M. Cassidy to Approve Third Reading and Enactment Bill No.’s 596 to 621, the revised Bill No. 622 and Added Bill No.’s 623 to 626, excluding Bill No.’s 611 and 612.

 

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)

 

Motion made by Councillor H.L. Usher and seconded by Councillor A. Hopkins to Approve Introduction and First Reading of Bill No.’s 611 and 612.

 

Motion Passed

 

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

 

RECUSED: S. Turner (1)

 

Motion made by Councillor H.L. Usher and seconded by Councillor B. Armstrong to Approve Second Reading of Bill No.’s 611 and 612.

 

Motion Passed

 

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

 

RECUSED: S. Turner (1)

 

Motion made by Councillor H.L. Usher and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No.’s 611 and 612.

 

Motion Passed

 

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

 

RECUSED: S. Turner (1)

 

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

 

Bill No. 597

By-law No. A.-7623-497

A by-law to confirm the proceedings of the Council Meeting held on the 17th day of October, 2017. (City Clerk)

 

Bill No. 598

By-law No. A.-7624-498

A by-law to approve a Services Agreement with Ameresco Canada Inc. for the Phase 6 - 2017 Facility Renewal and Energy Retrofit Program and to authorize the Mayor and the City Clerk to execute the Agreement. (2/27/CSC)

 

Bill No. 599

By-law No. A.-7625-499

A by-law to authorize and approve an Agreement between The Corporation of the City of London and PepsiCo Beverages Canada to supply cold beverages at the City’s three municipal golf courses and for the vending machines at City of London Arenas, Community Centres, Dearness Home, and City Hall, substantially in the form attached and satisfactory to the City Solicitor and to authorize the Mayor and the City Clerk to execute the Agreement. (4/14/CPSC)

 

Bill No. 600

By-law No. A.-7626-500

A by-law to approve an agreement with the London Transit Commission for the establishment of a Low Income Bus Pass, and to authorize a grant to the London Transit Commission, and to authorize the Mayor and City Clerk to execute the agreement. (7a/14/CPSC)

 

Bill No. 601

By-law No. A.-7627-501

A by-law to approve the Automatic Aid Agreement between The Corporation of the City of London and The Corporation of the Municipality of Central Elgin; and to authorize the Mayor and Clerk to execute the Agreement. (8/14/CPSC)

Bill No. 602

By-law No. A-1-17014

A by-law to amend By-law No. A-1, as amended, entitled “A by-law to provide for the Execution of Certain Documents”. (7g/19/PEC)

 

Bill No. 603

By-law No. B-1-17005

A by-law to amend By-law No. B-1, as amended, entitled “A by-law to provide for the Naming of Highways and the Numbering of Buildings and Lots”. (7f/19/PEC)

 

Bill No. 604

By-law No. CP-7-17013

A by-law to amend By-law No. CP-7, entitled the “Committee of Adjustment and London Consent Authority By-law”. (7a/19/PEC)

 

Bill No. 605

By-law No. CP-17-17005

A by-law to amend By-law No. CP-17 entitled the “Subdivision and Condominium Delegation and Approval By-law”. (7c/19/PEC)

 

Bill No. 606

By-law No. C.P.-1284(th)-502

A by-law to amend the Official Plan for the City of London, 1989 relating to the north portion of 100 Kellogg Lane, 1097 and 1127 Dundas Street. (12a/19/PEC)

 

Bill No. 607

By-law No. C.P.-1284(ti)-503

A by-law to amend the Official Plan for the City of London, 1989 relating to 100, 335 And 353 Kellogg Lane, 1063, 1080, 1097, 1127 Dundas Street and 1151 York Street. (12b/19/PEC)

 

Bill No. 608

By-law No. C.P.-1363(h)-504

A by-law to amend By-law No. C.P.-1363-381 entitled “The City of London Site Alteration By-law”. (7e/19/PEC)

 

Bill No. 609

By-law No. C.P.-1455(o)-505

A by-law to amend By-law No. C.P.-1455-541, as amended, entitled the “Site Plan Control Area By-law”. (7b/19/PEC)

 

Bill No. 610

By-law No. C.P.-1470(e)-506

A by-law to amend By-law No. C.P.-1470-218, as amended, entitled the “Complete Application Delegation and Acceptance By-law”. (7d/19/PEC)

 

Bill No. 611

By-law No. L-6-17023

A by-law to amend By-law No. L-6 entitled “A by-law to provide for the licensing and regulation of various businesses”. (2/13/CPSC)

 

Bill No. 612

By-law No. L.-128(a)-507

A by-law to amend By-law No. L.-128-117 entitled “A by-law for licensing, regulating and governing persons who carry on the business of leasing mobile signs”. (2/13/CPSC)

 

Bill No. 613

By-law No. L.T.C.-53-508

A by-law to repeal sections 1, 2 and 3 of By-law No. L.T.C.-52-13, being, “A by-law to provide for entering into an arrangement with the London Transit Commission with respect to reduced bus fares for elderly persons.” (7b/14/CPSC)

 

Bill No. 614

By-law No. PH-3-17015

A by-law to amend By-law No. PH-3 entitled, “A by-law to provide for the regulation, restriction and prohibition of the keeping of animals in the City of London”. (11a/14/CPSC)

 

Bill No. 615

By-law No. PH-4-17028

A by-law to amend By-law No. PH-4, as amended, entitled “A by-law to provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the City of London”. (11b/14/CPSC)

 

Bill No. 616

By-law No. PH-5-17006

A by-law to amend By-law No. PH-5 entitled “A by-law to provide for the Appointment of a Poundkeeper and to regulate the Public Pound”. (11c/14/CPSC)

 

Bill No. 617

By-law No. PH-12-17003

A by-law to amend By-law No. PH-12 entitled, “A by-law to provide for the licensing and regulation of the keeping of Pit Bull Dogs in the City of London”. (11d/14/CPSC)

 

 

Bill No. 618

By-law No. S.-5890-509

A by-law to permit 1724870 Ontario Inc. to maintain and use a boulevard parking area upon the road allowance for 457 Simcoe Street, City of London. (City Clerk)

 

Bill No. 619

By-law No. Z.-1-172617

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1835 Dundas Street. (8/19/PEC)

Bill No. 620

By-law No. Z.-1-172618

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 4380 Castleton Road. (9/19/PEC)

Bill No. 621

By-law No. Z.-1-172619

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 100, 335 and 353 Kellogg Lane, 1063, 1080, 1097, 1127 Dundas Street and 1151 York Street. (12c/19/PEC)

 

Bill No. 622 (REVISED)

By-law No. A.-7628-510

A by-law to repeal By-law No. A.-7541-128 and to appoint deputies to the City Clerk. (City Clerk)

 

Bill No. 623 (ADDED)

By-law No. L.S.P.-3466-511

A By-law to expropriate lands in the City of London, in the County of Middlesex, for the Main Street and Colonel Talbot Road Intersection Improvements Project at the intersection of Main Street and Colonel Talbot Road. (vii/25/COUNCIL)

 

Bill No. 624 (ADDED)

By-law No. A.-7629-512

A by-law to approve and authorize the Mayor and Clerk to execute the Property Value Protection Plan Agreement between The Corporation of the City of London and The Estate of James William Johnston, to provide property value protection for the property located at 5725 White Oak Road, for the City’s W12A landfill site. (C-1/27/CSC)

 

Bill No. 625 (ADDED)

By-law No. A.-7630-513

A by-law to authorize and approve a Lease Agreement between The Corporation of the City of London and the London Public Library, for the lease of office space located at 251 Dundas Street, in the City of London, and to authorize the Mayor and the City Clerk to execute the Agreement. (C-3/27/CSC)

 

Bill No. 626 (ADDED)

By-law No. A.-7631-514

A by-law to appoint Scott Stafford as Managing Director, Parks and Recreation. (City Manager)

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor S. Turner and seconded by Councillor A. Hopkins to Approve that the meeting adjourn.

 

The meeting adjourned at 6:40 PM.

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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