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Council

MINUTES

TWENTY-FOURTH MEETING

 

October 3, 2017

 

The Council meets in Regular Session in the Council Chambers this day at 4:03 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, V. Ridley, S. Turner, H.L. Usher, T. Park and J. Zaifman and C. Saunders (City Clerk).

 

ALSO PRESENT:  M. Hayward, A.L. Barbon, G. Barrett, B. Card, B. Coxhead, S. Datars Bere, K. Dawtrey, T. Gaffney, A. Hagan, O. Katolyk, C. Kay (Outside Counsel), L. Livingstone, M. Marcellin, D. O’Brien, A. Patis, L. Rowe, K. Scherr, S. Spring, S. Stafford and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Mayor M. Brown discloses a pecuniary interest in clause 5 of the 18th Report of the Planning and Environment Committee, having to do with the application by Banman Developments (West) Inc., relating to the Coronation Subdivision, by indicating that he has an interest in property within the circulation area.

 

Councillor T. Park discloses a pecuniary interest in clause 2 of the 18th Report of the Planning and Environment Committee, having to do with the request for designation of the property located at 391 South Street (Colborne Building), by indicating that her family owns a neighbouring property.

 

Councillor S. Turner discloses a pecuniary interest in clause 8 of the 26th Report of the Corporate Services Committee, having to do with a staff report relating to employee absenteeism, by indicating that the report references Local 101 employees and that he supervises Local 101 employees at his place of employment.  Councillor S. Turner further discloses a pecuniary interest in clause 9 of the 26th Report of the Corporate Services Committee, having to do with a staff report regarding pay equity, by indicating that the report references Local 101 employees and that he supervises Local 101 employees at his place of employment.

 

Councillor J. Zaifman discloses a pecuniary interest in clause 12 of the 18th Report of the Planning and Environment Committee, having to do with the application of 748094 Ontario Ltd., and 2624 Jackson Road Inc., for the lands located at 1635 Commissioners Road East and 2624 Jackson Road and the application by the City of London, relating to the Official Plan Amendments for 1663 Commissioners Road East, 1685 Commissioners Road East and 2652 Jackson Road and related Bill No.’s 583, 584 and 596, by indicating that his family has an interest in the subject property.

 

Councillor J. Morgan discloses a pecuniary interest in clause 9 of the 15th Report of the Civic Works Committee and related Bill No. 581, having to do with an agreement renewal related to the Thames River Experimental Stream Science Facility at the Adelaide Pollution Control Plant, by indicating that the agreement renewal involves a Consent to Enter Agreement with Western University and that Western University is his employer.

 

Councillor A. Hopkins discloses a pecuniary interest in clause 9 of the 26th Report of the Corporate Services Committee, having to do with a staff report regarding pay equity, by indicating that her son is an employee of the City of London.

 

Councillor J. Helmer discloses that a potential pecuniary interest in clause 9 of the 26th Report of the Corporate Services Committee, having to do with a staff report regarding pay equity, in the event that discussions relate specifically to the S.E.I.U., by indicating that his company does work for the S.E.I.U.  Councillor J. Helmer further discloses a potential pecuniary interest in clause C-1 of the 26th Report of the Corporate Services Committee, having to do with a matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to the Corporation’s associations and unions, and litigation or potential litigation affecting the municipality, and advice which is subject to solicitor client privilege, including communications necessary for that purpose, in the event that discussions relate specifically to the S.E.I.U., by indicating that his company does work for the S.E.I.U.

 

III

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

IV

COUNCIL, IN CLOSED SESSION

 

Motion made by Councillor M. van Holst and seconded by Councillor P. Hubert to Approve that Council rise and go into Council, In Closed Session, for the purpose of considering the following matter:

 

a)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regards to the Corporation’s associations and unions, and litigation or potential litigation affecting the municipality, and advice which is subject to solicitor client privilege, including communications necessary for that purpose. (C1/26/CSC)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

The Council rises and goes into the Council, in Closed Session, at 4:11 PM, with Mayor M. Brown in the Chair and all Members present.

 

At 4:14 PM Councillor S. Turner leaves the meeting.

 

At 4:15 PM Councillor A. Hopkins leaves the meeting.

 

The Council, In Closed Session, rises at 4:40 PM and Council reconvenes at 4:43 PM, with Mayor M. Brown in the Chair and all Members present.

 

V

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TWENTY-THIRD MEETING HELD ON SEPTEMBER 19, 2017

 

Motion made by Councillor J. Zaifman and seconded by Councillor B. Armstrong to Approve the Minutes of the Twenty-Third meeting held on September 19, 2017.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

VI

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor A. Hopkins and seconded by Councillor S. Turner to Approve receipt and referral of the following communications, as noted on the Agenda:

 

1.

S. Mathers, Director Water and Wastewater - Arva Sanitary and Water Servicing Additional Information

 

(Refer to the Planning and Environment Committee Stage for Consideration with Clause 13 of the 18th Report of the Planning and Environment Committee )

 

2.

S. Mathers, Director Water and Wastewater - DAP: London-Historical Wastewater System Improvement Cost Summary

 

(Refer to the Civic Works Committee Stage for Consideration with Clause 14 of the 15th Report of the Planning and Environment Committee )

 

 

 

3.

C. Saunders, City Clerk - Clause 6 – 26th Report of the Corporate Services Committee – Council Policy – Policy for the Use of City of London Resources for Municipal Election Purposes

 

(Refer to the Corporate Services Committee Stage for Consideration with Clause 6 of the 26th Report of the Corporate Services Committee )

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

VII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

Motion made by Councillor M. Salih and seconded by Councillor H.L. Usher to Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 16 of the 15th Report of the Civic Works Committee at this time.

 

Motion Passed

 

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

 

NAYS: P. Squire, J. Morgan (2)

 

VIII

REPORTS

 

 

15th Report of the Civic Works Committee

                        Councillor M. van Holst presents.

 

Motion made by Councillor M. van Holst to Approve clause 16.

 

16.

Warranted Sidewalk Program

 

That the Managing Director, Environmental and Engineering Services and City Engineer BE REQUESTED to develop an improved community engagement strategy with respect to the Warranted Sidewalk Program; it being noted that the Civic Works Committee received a delegation and communication dated September 22, 2017 from J. Pennycook, a communication dated September 22, 2017 from L. and F. Conley and attached presentation from the Division Manager, Transportation Planning and Design, with respect to this matter.

 

Motion made by Councillor M. Salih and seconded by Councillor M. van Holst to Approve that clause 16 be amended by adding the following new part b):

 

b)         the Managing Director, Environmental and Engineering Services and City Engineer BE REQUESTED to make the following amendment to the placement of sidewalks on Regal Drive:

 

i)          the sidewalk to be placed on Regal Drive between Fuller Street and Hillcrest Avenue BE CONSTRUCTED on the east side of Regal Drive;

 

At 5:30 PM Councillor T. Park leaves the meeting.

 

Motion Failed

 

YEAS: M. van Holst, M. Salih, S. Turner (3)

 

NAYS: M. Brown, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, H.L. Usher, J. Zaifman (11)

 

At 5:32 PM Councillor T. Park enters the meeting.

 

Motion made by Councillor M. Salih and seconded by Councillor P. Hubert to Approve that clause 16 be amended by adding the following new part b):

 

“b)        the Managing Director, Environmental and Engineering Services and City Engineer, BE REQUESTED to report back to the Civic Works Committee with respect to the potential future provision of additional sidewalk installation options on the east side of Regal Drive in the Hillcrest Public School area; it being noted that currently planned work would not be impeded by the potential additional work;”

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

NAYS: B. Armstrong (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor P. Hubert to Approve clause 16, 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, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Clause 16, as amended, reads as follows:

 

“That the following actions be taken with respect to the Warranted Sidewalk Program:

 

a)                     the Managing Director, Environmental and Engineering Services and City Engineer BE REQUESTED to develop an improved community engagement strategy with respect to Warranted Sidewalk Program; and,

 

b)                     the Managing Director, Environmental and Engineering Services and City Engineer, BE REQUESTED to report back to the Civic Works Committee with respect to the potential future provision of additional sidewalk installation options on the east side of Regal Drive in the Hillcrest Public School area; it being noted that currently planned work would not be impeded by the potential additional work;

 

it being further noted that the Civic Works Committee received a delegation and communication dated September 22, 2017 from L. and F. Conley and the attached presentation from the Division Manager, Transportation Planning and Design, with respect to this matter.”

 

 

26th Report of the Corporate Services Committee

                        Councillor P. Hubert presents.

                       

Motion made by Councillor P. Hubert to Approve clauses 3, 4, 5, 7, and 10.

 

3.

2017 Operating Budget Mid-Year Monitoring Report - Property Tax, Water, Wastewater & Treatment Budgets

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to 2017 mid-year monitoring:

 

a)         the 2017 Operating Budget Mid-Year Monitoring Report for the Property Tax Supported Budget (included as Appendix A to the staff report dated September 26, 2017), Water, and Wastewater & Treatment Budgets BE RECEIVED for information; it being noted that an overview of the net corporate projections are outlined below:

 

i)          Property Tax Supported Budget surplus of $4.2 million as identified by Civic Administration, Boards and Commissions. The year-end position could fluctuate significantly based on factors beyond the control of Civic Administration such as fuel prices and winter maintenance conditions.  The projected year-end position includes the contributions to Reserve Funds listed in items b) through d);

ii)          Water Rate Supported Budget surplus of $0.6 million; and

iii)         Wastewater & Treatment Rate Supported Budget surplus of $2.0 million;

 

b)         the Civic Administration BE AUTHORIZED to contribute the Housing Development Corporation’s year-end operational surplus, if any, to the Housing Development Corporation Reserve Fund which will be used to support housing initiatives and future work by the Housing Development Corporation;

 

c)         the Civic Administration BE AUTHORIZED to transfer Ontario Works provincial program funding in the amount of $848,332, residing on the City’s Balance Sheet, to the Social Services Reserve Fund to be used for local priorities that support employment, homelessness, social services improvements and the Ontario Works program;

 

d)         the Civic Administration BE AUTHORIZED to contribute Information Technology Services year-end operational surplus, if any, to the Technology Services Reserve Fund to be used to support investments in corporate systems;

 

e)         the Civic Administration BE AUTHORIZED to contribute to, or drawdown from, the Water Capital Reserve Fund to balance year-end operations of the Water Budget should the Budget be in a surplus/deficit position; and

 

f)         the Civic Administration BE AUTHORIZED to contribute to, or drawdown from, the Wastewater Rate Stabilization Reserve to balance year-end operations of the Wastewater & Treatment Budget should the Budget be in a surplus/deficit position.

 

4.

2017 Mid-Year Capital Monitoring Report

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to 2017 Mid-Year Capital Monitoring:

 

a)         the 2017 Mid-Year Capital Monitoring Report BE RECEIVED for information; it being noted that the life-to-date capital budget represents $1.7 billion with $1.1 billion committed and $0.6 billion uncommitted; it being further noted that the City Treasurer, or designate, will undertake the housekeeping adjustments identified in the report, in accordance with the Multi-Year Budget Policy adopted by By-law No. CPOL.-45-241;

 

b)         the status updates of active 2014 life-to-date capital budgets (2014 and prior) having no future budget requests, attached as Appendix “B” to the staff report dated September 26, 2017, BE RECEIVED for information;

 

c)         the following actions be taken with respect to the completed Capital Projects identified in Appendix “C” to the staff report dated September 26, 2017, which have a total of $7.1 million of net surplus funding:

 

i)          the Capital Projects included in Appendix “C” to the staff report dated September 26, 2017 BE CLOSED;

 

ii)         the following actions be taken with respect to the funding associated with the Capital Projects approved for closure in c)i), above:

 

Rate Supported

A)        pay-as-you-go funding of $132,551 BE TRANSFERRED to the capital receipts account;

B)        authorized debt financing of $457,978 BE RELEASED resulting in a reduction of authorized, but unissued debt;

C)        uncommitted reserve fund draws of $4,835,336 BE RELEASED from the reserve funds which originally funded the projects;

 

Non-Rate Supported

D)        authorized debt financing of $1,121,161 BE RELEASED resulting in a reduction of authorized, but unissued debt;

E)        uncommitted reserve fund draws of $30,431 BE RELEASED from the reserve funds which originally funded the projects;

F)         other net non-rate supported funding sources of $520,000 BE ADJUSTED in order to facilitate project closings.

 

 

 

 

 

 

 

5.

Vendor of Record (VOR) OSS-00456717 Telephony Equipment, Maintenance and Support Services (Relates to Bill No.579)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and the Director, Information Technology Services, the following actions be taken with respect to telephony equipment, maintenance and support services:

 

a)         the proposed by-law appended to the staff report dated September 26, 2017 as Appendix B BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to:

 

i)          authorize and approve the agreement with Eclipse Technology Solutions Inc. (the “Supplier”) and The Corporation of the City of London (the “Buyer”) for the “Publicly Funded Organization Agreement” for Telephony Equipment,  Maintenance and Support Services (Schedule A), it being noted that the estimated cost of this project is $1,250,000; and

 

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

 

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

 

c)         approval hereby given BE CONDITIONAL upon the Corporation negotiating prices, terms and conditions to the satisfaction of both the City Treasurer and the Director, Information Technology Services;

 

d)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract, agreement or having a purchase order relating to the subject matter of this approval;

 

e)         the financing for this project be BE APPROVED as set out in the Source of Financing Report  appended to the staff report date September 26, 2017 as Appendix C; and

 

f)         the Form of Agreement (included as Appendix A to the staff report dated September 26, 2017) for the Province of Ontario Master Agreement BE RECEIVED for information; it being noted that this Agreement is available to the Broader Public Sector (BPS) for a one-year contract (2017-2018), with an optional one (1) year extension.

 

7.

Amendment to the Council Policy By-law - Replacement of Schedule "E" - Public Notice Policy (Relates to Bill No.578)

 

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated September 26, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 for the purpose of repealing and replacing Schedule “E”- Public Notice Policy to By-law No. A.-6151-17, being “A by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001”, in order to make various changes to include notice for environmental assessment terms of reference, and to update the policy to reflect current practices, titles and Committee references.

 

10.

Annual Report of the Integrity Commissioner from May 17, 2016 to August 1, 2017

 

That the following actions be taken with respect to the Annual Report of the Integrity Commissioner:

 

a)         the Annual Report of the Integrity Commissioner, as well as the attached written summary of the Work Plan for the Code of Conduct, BE RECEIVED;

 

b)         a summary document outlining the process and requirements for filing a complaint with the Integrity Commissioner, including an appropriate hyperlink,  BE PLACED on the City of London's website;

 

c)         the Integrity Commissioner BE INVITED to attend a future meeting of the Strategic Priorities and Policy Committee in order to provide an education session on the Code of Conduct and other appropriate matters;

d)         the Integrity Commissioner BE DIRECTED to report back to the Strategic Priorities and Policy Committee at the earliest possible date with an updated Code of Conduct reflecting, amongst other things, the various matters contained in the Work Plan noted in a), above, as well as the forthcoming regulations associated with Bill 68, to the extent they are known;

 

e)         the communication dated August 27, 2017, from B. Brock, BE REFERRED to the Integrity Commissioner for consideration when reviewing what changes, if any, should be made to the current Code of Conduct.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made by Councillor P. Hubert to Approve clause 1.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J. Helmer disclosed a potential pecuniary interest in clause 9 of this Report, having to do with pay equity, in the event that discussions relate specifically to the S.E.I.U. Bargaining Unit, by indicating that his company does work for the S.E.I.U. Bargaining Unit.

 

Motion made by Councillor J. Helmer and seconded by Councillor T. Park to Approve that clause 1 be amended to read as follows:

 

“That it BE NOTED that Councillor J. Helmer disclosed a potential pecuniary interest in clause 9 of this Report, having to do with pay equity, in the event that discussions relate specifically to the S.E.I.U., by indicating that his company does work for the S.E.I.U.”

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made by Councillor P. Hubert and seconded by Councillor V. Ridley to Approve clause 1, 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, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made by Councillor P. Hubert to Approve clause 2.

 

2.

City of London's Credit Rating

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the City of London’s Credit Rating Report, providing a summary of Moody’s Investors Service Credit Opinion of the City of London, BE RECEIVED for information.

 

At 5:43 PM Councillor J. Zaifman leaves the meeting.

 

At 5:45 PM Councillor J. Zaifman enters the meeting.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

 

 

 

 

 

 

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

 

6.

Council Policy - Use of Corporate Resources During an Election Period (Relates to Bill No.585)

 

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated September 26, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to revoke, repeal and replace the Council policy entitled “Use of Corporate Resources During a Municipal Election Year” and replace it with a new Council Policy entitled “Policy for the Use of City of London Resources During a Municipal Election Period”.

 

Motion made by Councillor J. Helmer and seconded by Councillor T. Park to Approve that clause 6 of the 26th Report of the Corporate Services Committee and the related Communication No. 3 with respect to the Council Policy entitled “Use of Corporate Resources During a Municipal Election Year”, BE REFERRED back to the Corporate Services Committee for additional discussion and consideration.   

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made by Councillor P. Hubert to Approve Clause 8.

 

8.

Update: Employee Absenteeism 2017 Mid-Year Review

 

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer:

 

a)         the staff report dated September 26, 2017 regarding the employee absenteeism 2017 mid-year review BE RECEIVED for information; and

 

b)         the Civic Administration BE DIRECTED to move to an annual review and report on employee absenteeism.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, H.L. Usher, T. Park, J. Zaifman (14)

 

RECUSED: S. Turner (1)

 

Motion made by Councillor P. Hubert to Approve clause 9.

 

9.

Pay Equity Update

 

That, on the recommendation of the Managing Director, Corporate Services & Chief Human Resources Officer, the staff report dated September 26, 2017 regarding an update on pay equity BE RECEIVED for information.

 

Motion Passed

 

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

 

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

 

 

15th Report of the Civic Works Committee (continued)

                        Councillor M. van Holst presents.

 

Motion made by Councillor M. van Holst to Approve clauses 1 to 4, 6 to 8 and 10 to 15.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

 

 

2.

Amendments to the Traffic and Parking By-law (Relates to Bill No. 586)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated September 26, 2017 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 for the purpose of amending the Traffic and Parking By-law (PS-113).  (2017-T08)

 

3.

Transport Canada Grade Crossings Regulations and Railway Funding Applications

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the budget implications of implementing Transport Canada's Grade Crossings Regulations compliance action BE FORWARDED for consideration as a business case as part of the next Multi-Year Budget process.  (2017-T06)

 

4.

Transit Rerouting off Dundas Street in Downtown

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated September 26, 2017, with respect to the planned rerouting of transit buses off Dundas Street in the Downtown core, BE RECEIVED for information.  (2017-T03)

 

6.

Contract Award: Tender No. T17-28 Old Victoria Stormwater Management Facility No. 1 (ESSWM-OV1)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for the Old Victoria Stormwater Management Facility No. 1 project:

 

a)         the bid submitted by DeKay Construction (1987) Ltd., at its tendered price of $2,260,548.22, excluding H.S.T.,  BE ACCEPTED; it being noted that the bid submitted by DeKay Construction (1987) Ltd., was the lowest of four (4) bids received;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated September 26, 2017 as Appendix ‘A’;

 

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

 

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender No. T17-28); and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2017-F18)

 

7.

Thames Sydenham Source Water Protection Plan -  Renewal of Risk Management Services Agreement (Relates to Bill No. 580)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Thames Sydenham Region Source Protection Plan and the Risk Management Services Agreement with the Upper Thames River Conservation Authority:

 

a)         the update on the Thames Sydenham Region Source Water Protection Plan BE RECEIVED;

 

b)         the proposed by-law appended to the staff report dated September 26, 2017 as Appendix ‘A’ BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to authorize the amendment to the agreement for the transfer of responsibility (Municipal Transfer Agreement) and to authorize the amendment to the agreement for the risk management services (Joint Risk Management Services Agreement) associated with the Source Water Protection Plan and to authorize the Mayor and the City Clerk to execute the Amendments to those Agreements substantially in the form attached as Schedule A and Schedule B to the proposed by-law and in a final form acceptable to the City Solicitor, in order to maintain the transfer of the responsibility of risk management to the Upper Thames River Conservation Authority and to maintain the services of staff at the Upper Thames River Conservation Authority in order to perform risk management duties; it being noted that these measures are necessary to fulfill a “standard of care” for our drinking water system and that all costs are able to be accommodated within existing budgets.  (2017-E08)

 

8.

Wastewater Pumping Station Variable - Frequency Drive Replacements

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to a split award for the supply, configuration, and installation of variable-frequency drives in the Adelaide, Berkshire, Hunt Club, Medway and Summercrest Pumping Stations:

 

a)         the price submitted by Hardie Industrial Services of $190,479.70, excluding H.S.T., to supply, configure and install variable-frequency drives at Berkshire and Medway pumping stations BE ACCEPTED;

 

b)         the price submitted by Selectra Incorporated of $227,790.10, excluding H.S.T., to supply, configure and install variable-frequency drives at Adelaide, Hunt Club and Summercrest pumping stations BE ACCEPTED;

 

c)         the financing for these acquisitions BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated September 26, 2017 as Appendix 'A';

 

d)         the Civic Administration BE AUTHORIZED to undertake all 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 or issuing a purchase order for the work to be done relating to this project; 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-F18)

 

10.

Municipal Waste & Resource Materials Collection By-Law Amendments (Relates to Bill No. 593)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated September 26, 2017 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend the Municipal Waste & Resource Collection By-law (WM-12) to:

 

a)         permit the collection of Christmas trees and other yard waste during a designated Green Week in January; and,

 

b)         update the definition of Garbage to remove the words ‘empty dried paint cans, empty aerosol cans’ to reflect changes to the recycling program that were made in 2008 when these items were added to the list of accepted recyclable items; it being noted that this update does not reflect a recent program change.  (2017-E07)

 

11.

Single Source Contract Renewal - Navistar Original Equipment Manufacturer (OEM) Replacement Parts

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the single source contract renewal for Navistar Original Equipment Manufacturer (OEM) replacement parts:

 

a)         the approval BE GIVEN to exercise the single source provisions of the Procurement of Goods and Services Policy under sections 14.4 (d) and (e) to renew the contract with Carrier Centres, for the supply and delivery of Navistar original equipment manufacturer (OEM) replacement parts for City-owned trucks for a four (4) year contract with an option to renew for one (1) additional year;

 

b)         the negotiated price of 1% discount (net 30 days) off the Navistar National Pricing List for all Navistar inventoried and non-inventoried OEM parts BE ACCEPTED; it being noted that the Electronic National Price List is to be provided on a quarterly basis to the City of London Purchasing and Supply Division from Carrier Centres;

 

c)         the Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with this contract; and,

 

d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2017-F18)

 

12.

6th Report of the Rapid Transit Implementation Working Group

 

That the 6th Report of the Rapid Transit Implementation Working Group, from its meeting held on September 14, 2017, BE RECEIVED.

 

13.

London Transit Commission 2016 Annual Report

 

That the London Transit Commission 2016 Annual Report, dated May 15, 2017, BE RECEIVED for information; it being noted that the Civic Works Committee heard a verbal overview from S. Rooth, Chair, London Transit Commission, with respect to this matter. (2017-C05)

 

14.

Domestic Action Plan (DAP) London - Proposal Update

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the draft Canada-Ontario Lake Erie Domestic Action Plan municipal actions appended to the staff report dated September 26, 2017 as Appendix 'A' BE ENDORSED; it being noted that senior level government funding is required for full implementation of the actions; it being further noted that the Civic Works Committee heard the attached presentation from the Director, Water and Wastewater with respect to this matter.  (2017-E05)

 

15.

Deferred Matters List

 

That the Civic Works Committee Deferred Matters List, as at September 5, 2017, BE RECEIVED.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made by Councillor M. van Holst to Approve clause 5.

 

5.

One River Environmental Assessment Update: Agency Advisory Committee Report

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the One River Environmental Assessment Agency Advisory Committee Report:

 

a)         the One River Environmental Assessment Agency Advisory Committee Report and Public Consultation Report appended to the staff report dated September 26, 2017, BE RECEIVED; and,

 

b)         the communication dated October 22, 2017, from R. Huber, Thames River Anglers Association, with respect to this matter, BE RECEIVED.  (2017-E21)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

NAYS: M. Salih (1)

 

 

 

 

 

 

Motion made by Councillor M. van Holst to Approve clause 9.

 

9.

Agreement Renewal - Thames River Experimental Stream Science Facility at Adelaide Pollution Control Plant (Relates to Bill No. 581)

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to a Consent to Enter Agreement with Western University:

 

a)         the proposed by-law appended to the staff report dated September 26, 2017 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 for the purpose of renewing a Consent to Enter Agreement substantially in the form attached and satisfactory to the City Solicitor to allow Western University to conduct research at the Adelaide Pollution Control Plant; and,

 

b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Consent to Execute Agreement on behalf of the municipality.  (2017-E21)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

RECUSED: J. Morgan (1)

 

 

18th Report of the Planning and Environment Committee

                        Councillor T, Park presents.

 

Motion made by Councillor T. Park to Approve clauses 1, 3, 4 and 6 to 11.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that the following pecuniary interests were disclosed:

 

a)         Mayor M. Brown disclosed a pecuniary interest with respect to clause 5 of this Report having to do with the application by Banman Developments (West) Inc., relating to the Coronation Subdivision, by indicating that he has an interest in property within the distribution area.

 

b)         Councillor T. Park disclosed a pecuniary interest in clause 2 of this Report having to do with the request for designation for the property located at 391 South Street (Colborne Building), by indicating that her family owns a neighbouring property.

 

3.

Subdivision Special Provisions - Hajjar Subdivision (39T-15505)

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a Subdivision Agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivision of land over Part of Lots 7 and 8, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of Commissioners Road East, west of Hamilton Road, municipally known as 2046 Commissioners Road East and 1733 Hamilton Road:

 

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Siton Properties Limited, for the Hajjar Subdivision (39T-15505) appended to the staff report dated September 25, 2017 as Schedule “A”,  BE APPROVED;

 

b)         the applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated September 25, 2017 as Schedule “B”,

 

c)         the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 25, 2017 as Schedule “C”; and,

 

d)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2017-D12)

 

 

 

4.

Subdivision Special Provisions -  Lawson Meadows Subdivision Phase 2  (39T-14501)

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a Subdivision Agreement between The Corporation of the City of London and 905 Sarnia Inc., for the subdivision of land over Part of Lots 5, 6, 7 and 8, Registered Plan No. 48(C) and Part of the unnamed road allowance as shown on Registered Plan No. 49(C), City of London, County of Middlesex, situated on the west side of Lawson Road between the Ontario and Quebec Railway and Coronation Drive, all east of Hyde Park Road and municipally known as 895 Sarnia Road:

 

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and 905 Sarnia Inc., for the Lawson Meadows Subdivision, Phase 2 (39T-14501) appended to the staff report dated September 25, 2017 as Schedule “A”, BE APPROVED;

 

b)         the applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated September 25, 2017 as Schedule “B”; and,

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2017-D12)

 

6.

Property located at 1295 Riverbend Road (H-8784) (Relates to Bill No. 594)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1295 Riverbend Road, the proposed by-law appended to the staff report dated September 25, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning of the lands FROM a holding Business District Commercial Special Provision (h•h-206•BDC(31)) Zone TO a Business District Commercial Special Provision (BDC(31)) Zone to remove the holding (h) and (h-206) provisions.   (2017-D09)

 

7.

Property located at 3105 Bostwick Road (Talbot Village Phase 5 - 39T-14506) (H-8781) (Relates to Bill No. 595)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of Speyside East Corporation, relating to the property located at 3105 Bostwick Road, (Talbot Village Phase 5 – 39T-14506), the proposed by-law appended to the staff report dated September 25, 2017 BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R2 Special Provision (h-100*R2-4(2)) Zone TO a Residential R2 Special Provision (R2-4(2)) Zone to remove the “h-100” holding provision. (2017-D09)

 

8.

London Invasive Plant Management Strategy

 

That, on the recommendation of the Managing Director, Planning and City Planner regarding the London Invasive Plant Management Strategy, the following actions be taken with respect to the Strategy:

 

a)         the London Invasive Plant Management Strategy appended to the staff report dated September 25, 2017 as Appendix ‘A’, BE ENDORSED;

 

b)         the recommendations from the London Invasive Plant Management Strategy BE INITIATED to be prepared for spring 2018 implementation; and,

 

c)         the Managing Director, Planning and City Planner, BE DIRECTED to prepare a Budget Amendment for consideration through the 2018 Budget Update process; it being noted that funding may be available through the Woodland Acquisition and Management Reserve Fund to fund all or a portion of the increased funding requirement.   (2017-E18)

 

 

 

 

 

9.

Building Division Monthly Report for July 2017

 

That the Building Division Monthly Report for the month of July, 2017 BE RECEIVED.  (2017-A23)

 

10.

Designation of an Improvement Area Under Section 204 of the Municipal Act, 2001 – Hyde Park BIA (Relates to Bill No. 582)

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the designation of a Hyde Park Business Improvement Area:

 

a)         the proposed by-law appended to the staff report dated September 25, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to designate the Hyde Park Business Improvement Area in accordance with section 204 of the Municipal Act, 2001; and,

 

b)         the request from the Hyde Park Business Association (HPBA) for a grant in the amount of $16,861.10 for the period of November 1, 2017 to December 31, 2017 BE APPROVED SUBJECT TO a Source of Financing being identified; it being noted that the HPBA will make its best efforts to refund the grant to the City of London;

 

it being noted that the Planning and Environment Committee reviewed and received a communication dated September 18, 2017, from D. Szpakowski, Executive Director, Hyde Park Business Association, with respect to this matter.  (2017-D19)

 

11.

11th Report on the London Advisory Committee on Heritage

 

That the following actions be taken with respect to the 11th Report of the London Advisory Committee on Heritage from its meeting held on September 13, 2017:

 

a)            the following actions be taken with respect to the notice of application to amend the Official Plan and Zoning By-law, dated August 2, 2017, by Marigold Homes Inc. related to the properties located at 467-469 Dufferin Avenue:

 

i)              M. Campbell, Planner II, BE ADVISED that the London Advisory Committee on Heritage (LACH) supports the above-noted notice of application;

ii)             M. Campbell, Planner II, BE ADVISED that the LACH feels that the Heritage Impact Assessment included with the notice of application is not sufficient to make a determination as to the true age or the cultural heritage value of the building and therefore the LACH would not support demolition of the building at this time; and,

iii)            M. Campbell, Planner II, BE ADVISED that the LACH supports that the design and materials of the proposed new structure should be in keeping with the East Woodfield Heritage Conservation District;

 

it being noted that the LACH heard verbal presentations from G. Warren, Woodfield Community Association and B. Lansink, L. Lansink and D. Lansink, Marigold Homes Inc., related to this matter;

 

b)            that J. Ramsay, Project Manager, Rapid Transit, BE ADVISED that Shawn Adamsson will represent the London Advisory Committee on Heritage (LACH) on the Municipal Advisory Group related to Rapid Transit, subject to the meeting schedule and his availability; it being noted that Derek Dudek will act as an alternate representative for the LACH on the Advisory Group;

 

c)            that M. Corby, Planner II, BE ADVISED that the London Advisory Committee on Heritage (LACH) supports the revised application to amend the Zoning By-law, by Drewlo Holdings Inc., related to the properties located at 661 and 667 Talbot Street; it being noted that the LACH encourages a more active pedestrian interface on Talbot Street which could include more doors or entrances;

 

d)            the following actions be taken with respect to the notice of application to amend the Zoning By-law, dated August 16, 2017, by the London Language Institute related to the property located at 653 Talbot Street:

 

 

 

i)          S. Wise, Planner II, BE ADVISED that the London Advisory Committee on Heritage (LACH) supports the conclusions of the Heritage Impact Statement related to the property located at 653 Talbot Street;

ii)         S. Wise, Planner II, BE ADVISED that the LACH, therefore, supports the above-noted application to amend the Zoning By-law; and,

iii)         the following additional actions BE UNDERTAKEN with respect to the application:

 

A)        a stage 1 and 2 archaeological assessment be done on the entire property;

B)        the property located at 653 Talbot Street be designated under the Ontario Heritage Act; and,

C)        the existing windows along the Talbot Street façade be restored and repaired rather than replaced;

 

it being noted that the LACH received a presentation from L. Dent, Heritage Planner, with respect to this matter;

 

e)         that M. Corby, Planner II, BE ADVISED that the London Advisory Committee on Heritage supports the application to amend the Zoning By-law by Youth Opportunities Unlimited related to the properties located at 329 and 331 Richmond Street as well as the Heritage Impact Statement appended to the notice dated September 7, 2017;

 

f)          the Managing Director, Planning and City Planner BE REQUESTED to prepare a terms of reference document to aid in the preparation of Heritage Impact Assessments with a more consistent format; and,

 

g)         clauses 1, 2, 4 to 8, 10 to 12 and 17 BE RECEIVED.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

 

Motion made S. Turner to Approve clause 2.

 

2.

Property located at 391 South Street (Colborne Building) - Request for Designation

 

That, on the direction of the Municipal Council on November 10, 2015, with the advice of Planning Services staff, the following actions be taken with respect to the proposed designation of the Colborne Building located at 391 South Street:

 

a)         the Managing Director, Planning and City Planner’s report dated September 25, 2017 entitled “Request for Designation, Heritage Listed Property at 391 South Street, Colborne Building, City of London” BE RECEIVED; and,

 

b)         notice BE GIVEN under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, of Municipal Council’s intent to designate the property located at 391 South Street, the Colborne building, to be of cultural heritage value or interest for the reasons outlined in Appendix C of the above-noted staff report.   (2017-R01)

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, J. Zaifman (14)

 

RECUSED: T. Park (1)

 

 

 

 

 

 

 

 

 

 

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

 

5.

Subdivision Special Provisions - Coronation Subdivision (39T-15502)

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a Subdivision Agreement between The Corporation of the City of London and Banman Developments (West) Inc., for the subdivision of land over Part of Lot 24, Concession 4, (Geographic Township of London), City of London, County of Middlesex, situated on the east side of Coronation Drive, north of Gainsborough Road, south side of Coronation Drive, all east of Hyde Park Road, municipally known as 2095 Coronation Drive and 955 Gainsborough Drive:

 

a)         the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Banman Developments (West) Inc., for the Coronation Subdivision (39T-15502) appended to the staff report dated September 25, 2017 as Schedule “A”,  BE APPROVED;

 

b)         the applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated September 25, 2017 as Schedule “B”; and,

 

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2017-D12)

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (14)

 

RECUSED: M. Brown (1)

 

Motion made by T. Park to Approve clause 12.

 

12.

Properties located at 1635 Commissioners Road East and 2624 Jackson Road - Approval for Draft Plan Subdivisions Official Plan and Zoning By-law Amendments and Application by The Corporation of The City of London re properties located at 1663, 1685 Commissioners Road East and 2652 Jackson Road - Official Plan Amendment (39T-06507/OZ-7176/0-7178) (Relates to Bill No.s 583, 584 and 596)

 

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of 748094 Ontario Ltd. and 2624 Jackson Road Inc., for the lands located at 1635 Commissioners Road East and 2624 Jackson Road and the application by the City of London, relating to Official Plan Amendments for 1663 Commissioners Road East, 1685 Commissioners Road East and 2652 Jackson Road:

 

a)            the Approval Authority BE ADVISED that no issues were raised at the public meeting with respect to the application for Draft Plan of Subdivision by 748094 Ontario Ltd. and 2624 Jackson Road Inc., relating to lands located at 1635 Commissioners Road East and 2624 Jackson Road;

 

b)            the Approval Authority BE ADVISED that the Municipal Council supports issuing Draft Approval of the proposed plan of subdivision as submitted by 748094 Ontario Ltd. and 2624 Jackson Road Inc., prepared by Stantec Consulting Ltd. and certified by Terry P. Dietz O.L.S. (Project No. 1614-03884 Drawing No.1, dated May 2, 2017), which shows thirty-nine (39) low density residential blocks, seventeen (17) medium density residential blocks, three (3) open space blocks, two (2) open space buffer blocks, six (6) park blocks, three (3) park/walkway blocks, one (1) part block, one (1) access/servicing  block, one (1) school block, one (1) stormwater management block, one (1) existing hydro corridor block, two (2) future development blocks, twelve (12) reserve blocks, and four (4) road widening blocks, SUBJECT TO the conditions contained in the staff report dated September 25, 2017 as Appendix “D”;

 

 

 

 

 

 

c)            the proposed by-law appended to the staff report dated September 25, 2017 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend the Official Plan for lands located at 1635 Commissioners Road East and 2624 Jackson Road to change the land use designations on Schedule ‘A’ – Land Use FROM “Urban Reserve - Community Growth” and “Environmental Review” TO “Low Density Residential”, “Multi-family, Medium Density Residential”, and “Open Space”; and to amend Schedule ‘C’ – Transportation Corridors to add “Secondary Collectors”;

 

d)            the proposed by-law appended to the staff report dated September 25, 2017 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend the Official Plan for lands located at 1663 Commissioners Road East and 1685 Commissioners Road East to change the land use designation on Schedule ‘A’ – Land Use FROM “Urban Reserve - Community Growth” TO “Multi-family, Medium Density Residential”;

 

e)            based on the City-initiated review of the Official Plan land use designations, NO FURTHER ACTION be taken with respect to lands located at 2652 Jackson Road; it being noted that the property is adjacent a phase of the subdivision intended for future development requiring further detailed planning, and no changes to the land use designation are proposed at this time;

 

f)             the proposed by-law appended to the staff report dated September 25, 2017 as Appendix “C” BE INTRODUCED at the Municipal Council meeting to be held on October 3, 2017 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in Part c) above), to change the zoning of the subject lands FROM an Urban Reserve (UR4) Zone, an Environmental Review (ER) Zone and an Agricultural (AG1) Zone TO:

 

i)            a Holding Residential R1 Special Provision (hh-100R1-13( )) Zone to permit single detached dwellings on lots with a minimum lot frontage of 9.0 metres and minimum lot area of 270 square metres; together with a special provision for a minimum rear yard depth of 6.0 metres;

ii)           a Holding Residential R1 (hh-100R1-4) Zone to permit single detached dwellings on lots with a minimum lot frontage of 12.0 metres and minimum lot area of 360 square metres;

iii)          a Holding Residential R4/R5/R6 (h•h-71•h-100R4-6/R5-4/R6-5) Zone to permit street townhouse dwellings; townhouses and stacked townhouses up to a maximum density of 40 units per hectare and maximum height of 12 metres; and various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouse, stacked townhouse, and apartment buildings up to a maximum density of 35 units per hectare and maximum height of 12 metres;

iv)         a Holding Residential R4/R5/R6 (hh-54•h-71•h-100R4-6/R5-4/R6-5) Zone to permit street townhouse dwellings; townhouses and stacked townhouses up to a maximum density of 40 units per hectare and maximum height of 12 metres; and various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouse, stacked townhouse, and apartment buildings up to a maximum density of 35 units per hectare and maximum height of 12 metres;

v)          a holding Neighbourhood Facility / Residential R1 (hh-100NF/R1-4) Zone to permit such uses as elementary schools, places of worship, and day care centres; and to permit single detached dwellings on lots with a minimum lot frontage of 12.0 metres and minimum lot area of 360 square metres;

vi)         an Open Space (OS1) Zone to permit public parks, conservation lands, and  recreational buildings associated with conservation lands and public parks;

vii)        an Open Space (OS5) Zone to permit conservation lands, conservation works, passive recreation uses which include hiking trails and multi-use pathways, and managed woodlots;

viii)       an Urban Reserve Special Provision (UR4(  )) Zone to permit such uses as existing dwellings, agricultural uses, conservation lands, passive recreation uses, kennels, and private outdoor recreation clubs; together with a special provision for a minimum lot area of 7.0 hectares;

ix)         a holding Urban Reserve Special Provision (h-82UR4(  )) Zone to permit such uses as existing dwellings, agricultural uses, conservation lands, passive recreation uses, kennels, and private outdoor recreation clubs; together with a special provision for a minimum lot area of 160 square metres and no minimum lot frontage requirement;

 

 

x)          an Agricultural Special Provision (AG1( )) Zone to permit agricultural uses, kennels, conservation lands, nursery, passive recreation uses, farm markets, and greenhouses; together with a special provision for a minimum lot area of 2.6 hectares; and,

xi)         an Agricultural Special Provision (AG1( )) Zone to permit agricultural uses, kennels, conservation lands, nursery, passive recreation uses, farm markets, and greenhouses; together with a special provision for a minimum lot area of 1.5 hectares and minimum lot frontage of 50 metres;

 

it being noted that the following holding provisions have also been applied:

 

·                     (h) - to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development;

·                     (h-54) - to ensure completion of noise assessment reports and implementation of mitigation measures for development adjacent arterial roads;

·                     (h-71) ) - to encourage street oriented development the Owner shall prepare a building orientation plan to be incorporated into the approved Site Plan and Development Agreement;

·                     (h-82) – to ensure consistent lotting pattern and that any part blocks are consolidated with adjacent lands; 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 modifications to Map 1 – Place Types and Map 3 – Street Classifications in The London Plan reflecting the amendments as recommended in parts c) and d) above will be undertaken by the Civic Administration and will be brought forward to Municipal Council as part of a future comprehensive review; and,

 

g)            the applicant BE ADVISED that the Development Finance has summarized  the estimated costs and revenues information appended to the staff report dated September 25, 2017 as Appendix "E";

 

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

 

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

 

               the recommended Draft Plan, Official Plan and Zoning amendments conform to the policies of the Official Plan, and are consistent with the Provincial Policy Statement;

               the proposal will utilize existing municipal services and preserve significant natural heritage features; provide for an attractive, pedestrian-oriented and compatible development; and contribute to compact urban form through the proposed range and mix of low and medium density residential uses; and,

           in order to consider the proposed land use changes comprehensively, the City initiated a concurrent review of three existing residential lots that are located outside the limits of the Draft Plan of subdivision.  Based on that review, it is appropriate to include the two “orphan” parcels on Commissioners Road East in the amendments to the Official Plan.  At this time no action is recommended for the third property located at the corner of Jackson Road and Bradley Avenue as that part of the Draft Plan is being held for future development, and there are no proposed changes to the land use designation.    (2017-D09)

 

Motion made by Councillor J. Helmer and seconded by Councillor A. Hopkins to Approve that clause 12, of the 18th Report of the Planning and Environment Committee, with respect to the application of 748094 Ontario Ltd., and 2624 Jackson Road Inc., for the lands located at 1635 Commissioners Road East and 2624 Jackson Road and the application by the City of London, relating to the Official Plan Amendments for 1663 Commissioners Road East, 1685 Commissioners Road East and 2652 Jackson Road BE REFERRED back to the Civic Administration to undertake and report back on the results of further discussions with the applicant as to how the proposed subdivision design could potentially be modified to:

 

a)         improve the views onto natural heritage areas, consistent with Chapter Two, Physical Context, of the Placemaking Guidelines, which includes the following considerations:

 

•           visually integrate natural features, such as slopes, trees and water courses into the community design as visual and physical focal points;

•           avoid a consistent pattern of backing onto natural features;

•           incorporate significant natural features to enhance the community as visual or passive recreational amenities where appropriate, and

•           where possible, design street patterns to use natural features as visual terminuses for views and streetscapes; and,

 

b)         be consistent with Policy 204 of the London Plan, which states:

 

“204_ Natural heritage is an important contributor to the character of an area and influences the overall street network. Neighbourhoods should be designed to preserve view corridors to natural heritage features and landmarks through lotting patterns, window streets, and building placement.”

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, M. Salih, J. Helmer, J. Morgan, P. Hubert, A. Hopkins, V. Ridley (8)

 

NAYS: M. Brown, M. Cassidy, P. Squire, S. Turner, H.L. Usher, T. Park (6)

 

RECUSED: J. Zaifman (1)

 

II

RECOGNITIONS

 

1.

The Municipal Council recognizes the following City of London Employees who have achieved 25 years of service during 2017:

 

From Housing, Social Services and Dearness Home: Anna Marie Apau, Jackie Bachmeier, Kathryn Baxter, Nancy Billingsley, Angie Casey, Heather Ciechanowicz, Angela Clements, Jessica Davis-Smith, Dione (Dee) Decock, Tyman Doxtator, Jacqueline Dunseath, Jane Ellyatt, Sheila Foster, Pat Hodgins, Nicole Kirk, Mary-Jane Kriter, Darlene MacIntosh, Maddie Mackay, and Tammy Millard.

 

From Human Resources and Corporate Services: Moira Barnes, and Betty Bock.

 

From Neighbourhood, Children and Fire Services: Daniel T. Barnett, Greg Bennell, Richard Brydon, Scott Bull, Christopher Champagne, Robert John Cianci, Don Coleman, Brad Enright, David Charles Gurney, Dave Huffman, Peter Lapkowski, Dianne Lebold, Jeff Metcalfe, Brian Munce, Tom Nicholson, Shawn M. Robins, and John Sawkins.

 

From Planning Services: Gregg Barrett, Barb Debbert, and Bruce Page.

 

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

 

Motion Passed

 

Council recesses at 6:30 PM and reconvenes at 7:45 PM, with Mayor M. Brown in the Chair and all Members present except Councillor M. Salih. 

 

 

18th Report of the Planning and Environment Committee (continued)

                        Councillor T. Park presents.

 

Motion made by Councillor T. Park to Approve clause 13.

 

13.

Request from Municipality of Middlesex Centre: Arva Sanitary Servicing and Delaware Water Servicing

 

That, the report of the Managing Director, Planning and City Planner and the Managing Director, Environmental and Engineering Services and City Engineer dated September 25, 2017 entitled “Request From Municipality of Middlesex Centre: Arva Sanitary Servicing and Delaware Water Servicing” BE RECEIVED for information.   (2017-E01)

 

Motion made by Councillor J. Zaifman and seconded by Councillor T. Park to Approve that clause 13 be amended by adding the following new part b):

 

b)         the Managing Director, Planning and City Planner and the Managing Director, Environmental and Engineering Services and City Engineer BE REQUESTED to report back with a draft agreement that reflects Option 2 as outlined in the staff report dated September 25, 2017, including consideration of an appropriate financing agreement; and,

 

Motion made by Councillor J. Helmer and seconded by Councillor J. Zaifman to Approve that clause 13 be further amended by adding the following new part c):

 

c)         the Civic Administration BE REQUESTED to pursue, in its negotiations with Middlesex Centre, a reduction in the sewage servicing area to match the current Arva settlement area boundary.

 

Motion Passed

 

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

 

NAYS: A. Hopkins (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor A. Hopkins to Approve that pursuant to section 9.6 of the Council Procedure By-law, Councillor M. Cassidy be permitted to speak longer than 5 minutes with respect to this matter.

 

Motion Passed

 

At 8:36 PM, His Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

 

At 8:41 PM, His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

 

The motion to Approve the new part b) is put.

 

Motion Passed

 

YEAS: M. van Holst, J. Helmer, P. Squire, J. Morgan, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (9)

 

NAYS: M. Brown, B. Armstrong, M. Cassidy, P. Hubert, A. Hopkins (5)

 

Motion made by Councillor J. Zaifman and seconded by Councillor J. Helmer to Approve clause 13, as amended

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, P. Squire, J. Morgan, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (10)

 

NAYS: M. Brown, M. Cassidy, P. Hubert, A. Hopkins (4)

 

“Clause 13, as amended, reads as follows:

 

That the following actions be taken with respect to the request from the Municipality of Middlesex Centre regarding sanitary servicing to Arva Sanitary and water servicing to Delaware:

 

a)         the report of the Managing Director, Planning and City Planner and the Managing Director, Environmental and Engineering Services and City Engineer dated September 25, 2017 and entitled “Request From Municipality of Middlesex Centre:  Arva Sanitary Servicing and Delaware Water Servicing” BE RECEIVED for information; 

 

 

 

 

b)         the Managing Director, Planning and City Planner and the Managing Director, Environmental and Engineering Services and City Engineer BE REQUESTED to report back with a draft agreement that reflects Option 2 as outlined in the staff report dated September 25, 2017, including consideration of an appropriate financing agreement; and,

 

c)         the Civic Administration BE REQUESTED to pursue, in its negotiations with Middlesex Centre, a reduction in the sewage servicing area to match the current Arva settlement area boundary.”

 

IX

ADDED REPORTS

 

 

22nd 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, V. Ridley, S. Turner, H.L. Usher, T. Park and J. Zaifman and C. Saunders (City Clerk).

 

ALSO PRESENT:  M. Hayward, B. Card, B. Coxhead, K. Dawtrey, A. Hagan, C. Kay (Outside Counsel) and L. Rowe.

 

Councillor P. Hubert reports progress with respect to the matter for which Council convened as Council, In Closed Session.

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

Councillor S. Turner enquired if there is a policy in place that would provide for cost recovery where the Civic Administration is called upon to provide a response to a large scale event, such as the most recent unsanctioned homecoming event held on Broughdale Avenue on Saturday, September 30, 2017.  The Chief Municipal Law Enforcement Officer indicated that a meeting will be held with all the agencies involved who provided responses to this event and that he would bring a report forward providing information with respect to costs.

 

XII

EMERGENT MOTIONS

 

None.

 

At 8:55 PM, His Worship the Mayor places Councillor P. Hubert in the Chair, and leaves the meeting. 

 

At 8:56 PM Councillors V. Ridley and J. Zaifman leave the meeting.

 

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 T. Park to Approve Introduction and First Reading of Bill No.’s 577 to 580, 582 and 586 to 595.

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Second Reading of Bill No.’s 577 to 580, 582 and 586 to 595.

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

Motion made by Councillor M. van Holst and seconded by Councillor S. Turner to Approve Third Reading and Enactment of Bill No.’s 577 to 580, 582 and 586 to 595.

 

Motion Passed

 

YEAS: M. van Holst, B. Armstrong, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, T. Park (11)

 

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No. 581.

 

Motion Passed

 

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

 

RECUSED: J. Morgan (1)

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Second Reading of Bill No. 581.

 

Motion Passed

 

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

 

RECUSED: J. Morgan (1)

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 581.

 

Motion Passed

 

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

 

RECUSED: J. Morgan (1)

 

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

 

Bill No. 577

By-law No. A.-7618-485

A by-law to confirm the proceedings of the Council Meeting held on the 3rd day of October, 2017. (City Clerk)

 

Bill No. 578

By-law No. A.-6151(q)-486

A by-law to amend By-law No. A.-6151-17, being “A by-law to establish policies for the sale and other disposition of land, hiring of employees, procurement of goods and services, public notice, accountability and transparency, and delegation of powers and duties, as required under section 270(1) of the Municipal Act, 2001” in order to amend Schedule “E” – Public Notice Policy to include public notice requirements pertaining to environmental assessment terms of reference, as well as other general housekeeping amendments. (7/26/CSC)

 

Bill No. 579

By-law No. A.-7619-487

A By-law to approve the “Master Agreement Adoption Agreement” with Eclipse Technology Solutions Inc. for Vendor of Record Telephony Equipment Maintenance and Support Services; and to authorize the Mayor and the City Clerk to execute the Agreement; and to approve Eclipse Technology Solutions Inc. as a Vendor of Record for Telephony Equipment Maintenance and Support Services for the City of London. (5/26/CSC)

 

Bill No. 580

By-law No. A.-7620-488

A by-law to approve and authorize the Mayor and City Clerk to sign the Amendments to existing Agreements in order to continue the Corporation’s intent to transfer the responsibility for risk management for Source Water Protection to the Upper Thames River Conservation Authority, as well as to continue the services of this Authority to undertake Risk Management duties on their behalf; it being noted that the Service Agreement will form the basis for details such as responsibilities, data sharing and insurance. (7/15/CWC)

 

Bill No. 581

By-law No. A.-7621-489

A by-law to authorize and approve an Agreement between The Corporation of the City of London and The University of Western Ontario for the use of space at the Adelaide Pollution Control Plant for a research experiment (termed a Mesocosm) and to authorize the Mayor and the City Clerk to execute the Agreement. (9/15/CWC)

 

Bill No. 582

By-law No. A.-7622-490

A by-law to designate an area as an improvement area and to establish the board of management for the purpose of managing the Hyde Park Business Improvement Area. (10/18/PEC)

 

Bill No. 583

By-law No. C.P.-1284(__)-___

 

REFERRED BACK

A by-law to amend the Official Plan for the City of London, 1989 for lands located at 1635 Commissioners Road East and 2624 Jackson Road, east side of Jackson Road between Commissioners Road East and Bradley Avenue. (12c/18/PEC)

 

Bill No. 584

By-law No. C.P.-1284(__)-___

 

REFERRED BACK

A by-law to amend the Official Plan for the City of London, 1989 for lands located at 1663 and 1685 Commissioners Road East, south side of Commissioners Road East, east of Jackson Road. (12d/18/PEC)

 

Bill No. 585

By-law No. CPOL.-_____

 

REFERRED BACK

A by-law to revoke and repeal Council policy entitled “Use of Corporate Resources During a Municipal Election Year” and replace it with a new Council policy entitled “Policy for the Use of City of London Resources During a Municipal Election Period”. (6/26/CSC)

 

Bill No. 586

By-law No. PS-113-17009

A by-law to amend By-law No. PS-113 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (2/15/CWC)

 

Bill No. 587

By-law No. S.-5884-491

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Commissioners Road East, west of Wortley Road and as widening to Edwin Drive, south of Commissioners Road East) (Chief Surveyor - pursuant to Consent B.004/17 and in accordance with Zoning By-law Z-1)

 

Bill No. 588

By-law No. S.-5885-492

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Richmond Street, north of North Centre Road) (Chief Surveyor - pursuant to Consent B.041/16 and in accordance with Zoning By-law Z-1)

 

Bill No. 589

By-law No. S.-5886-493

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Sarnia Road, east of Hyde Park Road) (Chief Surveyor - part of the Sarnia Road Widening Project that require dedication at the present time as public highway)

 

Bill No. 590

By-law No. S.-5887-494

A by-law to assume certain works and services in the City of London. (Forest Hill Subdivision – Phase 5; 33M-669) (City Engineer)

 

Bill No. 591

By-law No. S.-5888-495

A by-law to assume certain works and services in the City of London. (Forest Hill Subdivision – Phase 4B; 33M-651) (City Engineer)

 

 

 

Bill No. 592

By-law No. S.-5889-496

A by-law to assume certain works and services in the City of London. (Ballymote Subdivision – Phase 1, Stage 1 & 2; 33M-631) (City Engineer)

 

Bill No. 593

By-law No. WM-12-17014

A by-law to amend the By-law No. WM-12 being “A by-law to provide for the Collection of Municipal Waste and Resource Materials in the City of London”. (10/15/CWC)

 

Bill No. 594

By-law No. Z.-1-172615

 

A by-law to amend By-law No. Z.-1 to remove the holding provisions from the zoning of lands located at 1295 Riverbend Road, west side, north of Oxford Street West. (6/18/PEC)

 

Bill No. 595

By-law No. Z.-1-172616

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for lands located at 3105 Bostwick Road (Talbot Village Phase 5 – 39T-14506). (7/18/PEC)

 

Bill No. 596

By-law No. Z.-1-17____

 

REFERRED BACK

A by-law to amend By-law No. Z.-1 to rezone lands located at 1635 Commissioners Road East and 2624 Jackson Road, east side of Jackson Road between Commissioners Road East and Bradley Avenue. (12/18/PEC)

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor B. Armstrong and seconded by Councillor J. Helmer to Approve that the meeting adjourn.

 

The meeting adjourned at 9:01 PM.

 

 

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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