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Council

MINUTES

12TH MEETING

 

 

April 28, 2015

 

The Council meets in Regular Session in the Council Chambers this day at 4:01 PM.

 

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

 

ABSENT:  Councillor P. Hubert.

 

ALSO PRESENT:  A. Zuidema, G. Belch, B. Coxhead, S. Datars Bere, A. Hagan, M. Hayward, O. Katolyk, G. Kotsifas, L. Livingstone, V. McAlea Major, D. Popadic, M. Ribera, L.M. Rowe, M. Schulthess, E. Soldo, J. Stanford, B. Warner, B. Westlake-Power and J. Yanchula.

 

At the beginning of the Meeting all Members are present except Councillor P. Hubert.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor A. Hopkins discloses a pecuniary interest with respect to in camera item c), 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 or unions and litigation or potential litigation, including matters before the administrative tribunals, affecting the municipality and advice which is the subject of solicitor client privilege, including communications necessary for that purpose, by indicating that her son is an employee of The Corporation of the City of London.

 

Councillor S. Turner discloses a pecuniary interest in clause 3 of the 10th Report of the Planning and Environment Committee, having to do with the property located at 878 Hellmuth Avenue, by indicating that the applicant is one of his employees.

 

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

III

ADDED REPORTS

 

None.

 

IV

RECOGNITIONS

 

 

1.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to the El Sistema Aeolian

 

 

A moment of silence is observed for the National Day of Mourning commemorating workers whose lives have been lost or who have been injured in the workplace.

 

Motion made by Councillor V. Ridley and seconded by Councillor H.L. Usher to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 9 of the 7th Report of the Civic Works Committee to be dealt with prior to the Committee of Whole.

 

Motion Passed

 

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

 

 

 

 

Motion made by Councillor V. Ridley and seconded by Councillor M. van Holst to Approve the inclusion of a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary purpose, and for the purpose of giving instructions and directions to the solicitors of the municipality in connection with such advice relating to the Regional Rideshare Program, as part of the in camera Committee of the Whole session.

 

Motion Passed

 

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

 

 

 

Motion made by Councillor S. Turner and seconded by Councillor V. Ridley to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit the consideration of Part XII - Emergent Motions of the Council Agenda to be dealt with prior to the in camera session of the Committee of the Whole. 

 

Motion Passed

 

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

 

XII

EMERGENT MOTIONS

 

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve that pursuant to section 19.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion regarding concerns raised by residents of Auburn Avenue with respect to a pending City of London construction project on Auburn Avenue.

 

Motion Passed

 

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

 

 

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve that the following actions be taken with respect to the installation of a sidewalk on Auburn Avenue:

 

a)         the attached petition signed by 73 residents from the Auburn Avenue neighbourhood objecting to the construction of a sidewalk on Auburn Avenue BE RECEIVED; and,

 

b)         NO ACTION BE TAKEN with respect to the petition noted in a) above.

 

Motion Passed

 

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

 

 

V

COMMITTEE OF THE WHOLE, IN CAMERA

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor M. van Holst and seconded by Councillor M. Cassidy to Approve that Council rise and go into the Committee of the Whole, in camera, for the purpose of considering the following matters:

 

a)

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. (C1/15/CSC)

 

b)

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. (C2/11/CSC)

 

c)

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 or unions and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and advice which is the subject of solicitor client privilege, including communications necessary for that purpose. (C1/16/SPPC)

 

d)

A matter pertaining to employee negotiations and labour relations including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and personal matters, including information regarding identifiable individuals, including municipal employees, with respect to employment related matters including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C2/16/SPPC)

 

e)

(ADDED) A matter pertaining to advice that is the subject to solicitor-client privilege, including communications necessary purpose and for the purpose of giving instructions and directions to the solicitors of the municipality in connection with such advice relating to the Regional Rideshare Program

 

Motion Passed

 

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

 

The Council rises and goes into Committee of the Whole, in camera, at 4:37 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor P. Hubert.

 

The Committee of the Whole rises at 5:25 PM, and Council reconvenes at 5:29 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor P. Hubert.

 

 

 

 

11th Report of the Civic Works Committee

Councillor H.L. Usher presents.

 

Motion made by Councillor H.L. Usher to Approve clause 9.

 

9.

Regional Rideshare Program Update

 

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the staff update report dated April 20, 2015, with respect to the regional rideshare program BE FORWARDED to the following Advisory Committee's  for information, discussion and input:

 

a)         the Transportation Advisory Committee (TAC);

 

b)         the Cycling Advisory Committee (CAC); and,

 

c)         the Advisory Committee on the Environment.  (2015-T10)

 

 

Motion Passed

 

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

 

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE ELEVENTH MEETING HELD ON APRIL 14, 2015

 

Motion made by Councillor J. Helmer and seconded by Councillor B. Armstrong to Approve an amendment to the Minutes of the 11th Meeting held on April 14, 2015, related to Councillor J. Helmer's disclosure of pecuniary interest, in order to reflect that the London Youth Advisory Council is a client of his company.

 

Motion Passed

 

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

 

 

 

Motion made by Councillor V. Ridley and seconded by Councillor J. Helmer to Approve Minutes of the 11th Meeting held on April 14, 2015, as amended. 

 

Motion Passed

 

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

 

 

VII

COMMUNICATIONS AND PETITIONS

 

None.

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

IX

REPORTS

 

 

11th Report of the Corporate Services Committee

Deputy Mayor M. Cassidy presents.

 

 

Motion made by Deputy Mayor M. Cassidy to Approve clauses 1 to 7, excluding clause 5.

 

 

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Phase ll - Award of Construction Contract for the Renovations to the Normal School Project #GG1558

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:

 

a)         the award of the construction contract to Tonda Construction Limited, 1085 Wilton Grove Road, London, ON, N6N 1C9 in the amount of $6,195,957.00 excluding HST for the renovations to the Normal School BE ACCEPTED;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report, attached to the staff report dated April 21, 2015 as Appendix “A”;

 

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

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the work; and

 

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

 

3.

Demolition of the Former Sherwood Forest Public School - Project No. PRK-PP2045 Tender No. 15-54

 

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 Request for Tender for the demolition of the former Sherwood Forest Public School (Tender No. 15-54):

 

a)         the bid submitted by Salandria LTD, 100 West Beaver Creek Rd, Unit 6, Richmond Hill, Ontario L4B 1H4, at its tendered price of $159,849.00 excluding HST for the demolition of the former Sherwood Forest Public School BE ACCEPTED; it being noted that the bid submitted by Salandria LTD was the lowest of fourteen (14) bids received and meets the City’s specifications and requirements in all areas;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report, attached to the staff report dated April 21, 2015, as Appendix “A”;

 

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

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work; and

 

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

 

4.

Ministry of the Attorney General Provincial Offences Act, R.S.O 1990, C.P. 33 Modernization Consultation - Online Administrative Monetary Penalties

 

That, on the recommendation of the City Clerk, with the concurrence of the Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken with respect to the Ministry of the Attorney General public consultation regarding proposed amendments to the Provincial Offences Act R.S.O. 1990, c.P. 33 to provide for online Administrative Monetary Penalties:

 

a)         the report of the City Clerk, dated April 21, 2015 entitled “Ministry of Attorney General Provincial Offences Administration Modernization Consultation Online Administrative Monetary Penalties” BE RECEIVED for information;

 

b)         the comments attached as Appendix “A” to the staff report dated April 21, 2015 BE ENDORSED; and,

 

c)         the Civic Administration BE DIRECTED to submit the comments noted in b) above, and the related staff report, to the Ministry of the Attorney General as a preliminary response to the request for public comment.

 

6.

London's Hosting of the 2015 Federation of Canadian Municipalities (FCM) Sustainable Communities Conference

 

That, on the recommendation of the City Manager, the staff report dated April 21, 2015 with respect to the 2015 Federation of Canadian Municipalities (FCM) Sustainable Communities Conference (SCC) BE RECEIVED for information.

 

7.

Apportionment of Taxes

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the taxes on the blocks of land described in the Schedules appended to the staff report dated April 21, 2015 BE APPORTIONED as indicated on the Schedules pursuant to Section 356 of the Municipal Act, 2001; it being noted that there were no members of the public in attendance at the public hearing associated with this matter, to speak before the Corporate Services Committee.

 

Motion Passed

 

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

 

Motion made by Deputy Mayor M. Cassidy to Approve clause 5.

 

5.

Code of Conduct of Municipal Council and Lobbyist Registry Update - Resubmitting

 

That the staff report dated April 23, 2013 BE RECEIVED and the Civic Administration BE DIRECTED to gather current information on the experience of other municipalities that have implemented Lobbyist Registries and to explore opportunities for collaboration with other municipalities on this matter, so that the implementation of a Lobbyist Registry can be considered by the Municipal Council based upon this additional and updated information.

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on each action being recommended in clause 5.

 

The motion to Approve receipt of the staff report dated April 23, 2013 with respect to Code of Conduct and Lobbyist Registry is put.

 

Motion Passed

 

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

 

The motion to direct staff to gather current information on the experience of other municipalities that have implemented Lobbyist Registries and to explore opportunities for collaboration with other municipalities on this matter, so that the implementation of a Lobbyist Registry can be considered by the Municipal Council based upon this additional and updated information is put.

 

Motion Passed

 

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

NAYS:  M. van Holst, P. Squire (2)

 

 

 

 

 

7th Report of the Civic Works Committee (continued)

Councillor H.L. Usher presents.

 

Motion made by Councillor H.L. Usher to Approve clauses 1 to 7, 10 to 12 and 14.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2nd Report of the Transportation Advisory Committee Meeting

 

That the 2nd Report of the Transportation Advisory Committee, from its meeting held on April 7, 2015, BE RECEIVED.

 

3.

2015 Infrastructure Renewal Program - Burlington Crescent, Reconstruction Project - T15-42

 

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 a contract for Tender 15-42, 2015 Infrastructure Renewal Program, Burlington Crescent Reconstruction Project:

 

a)         the bid submitted by Bre-Ex Construction Inc., at their corrected tendered price of $3,270,018.52, excluding H.S.T., BE ACCEPTED; it being noted that the bid submitted by Bre-Ex Construction Inc. was the lowest of three bids received and meets the City’s specifications and requirements in all areas;

 

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 20, 2015;

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

 

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 15-42); 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.  (2015-L04)

 

 

4.

2015 Infrastructure Renewal Program - Dufferin Avenue Reconstruction Project - T15-21

 

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 contracts for the 2015 Infrastructure Renewal Program - Dufferin Avenue Reconstruction Project:

 

a)         the bid submitted by Omega Contractors Inc. (Omega), at its tendered price of $3,621,054.48, excluding H.S.T., for the 2015 Infrastructure Renewal Program, Dufferin Avenue Reconstruction Project, BE ACCEPTED; it being noted that the bid submitted by Omega, was the lowest of three bids received and meets the City's specifications and requirements in all areas;

 

b)         Spriet Associates London Ltd. (Spriet), BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $249,524.00, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy, it being noted that this firm completed the engineering design for this project;

 

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 20, 2015;

 

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

 

e)         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 15-21); 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.   (2015-L04)

 

 

5.

Amendments to the Traffic and Parking By-law

 

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 April 20, 2015 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 for the purpose of amending the Traffic and Parking By-law (P.S. 111).  (2015-CO1)

 

6.

Amendments to the Traffic and Parking By-law - Refreshment Vehicles

 

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 April 20, 2015 as Appendix “A”, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 for the purpose of amending the Traffic and Parking By-law (P.S. 111) to accommodate the pilot program for food trucks.  (2015-C01)

 

7.

Proposed Revision to the W12A Landfill Designated Haul Route

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, a public participation meeting of the Civic Works Committee BE HELD on June 2, 2015, to consider potential changes to the designated W12A Landfill haul route as a result of the new Highway 401/Wonderland Road interchange.  (2015- E07)

 

 

10.

Community Research Snapshot - How Green Is London?

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the staff report dated April 20, 2015, with respect to the Community Research Snapshot - How Green is London, BE RECEIVED for information.  (2015-E00)

 

11.

Bike (Cycling) Program Update

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the staff update report dated April 20, 2015, with respect to the Bike (Cycling) Program BE FORWARDED to the Cycling Advisory Committee (CAC) for information, discussion and input.  (2015-T10)

 

12.

Environmental Programs Update

 

That, on the recommendation of the Director, Environment, Fleet & Solid Waste, the staff update report dated April 20, 2015, with respect to Environmental Programs, BE RECEIVED for information.  (2015-E00)

 

14.

Deferred Matters List

 

That the Deferred Matters list BE REFERRED to the Civic Administration for review and report back at the May 20, 2015 meeting of the Civic Works Committee, with respect to the current status of every item and to identify those matters that can be deleted or combined with others, and the basis therefor.

 

Motion Passed

 

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

 

Motion made by Councillor H.L. Usher to Approve clause 8.

 

8.

W12A Landfill - Proposal and Process to Accept Waste from Three Facilities Outside of London

 

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the W12A Landfill proposal and process to accept waste from three facilities outside of London:

 

a)         the Civic Administration BE DIRECTED to revise the Environmental Compliance Approval (ECA) of the W12A Landfill, to accept solid non-hazardous waste from the Regional Water Boards two water treatment plants and TRY Recycling’s recycling facility in Middlesex Centre; and,

 

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter.  (2015-E07)

 

 

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, J. Zaifman (13)

 

NAYS: V. Ridley (1)

 

Motion made by Councillor H.L. Usher to Approve clause 13.

 

 

13.

Waste Diversion -  Update on Examination of Residential Organics Waste (Food Scraps) and Next Steps

 

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste the Civic Administration BE DIRECTED to examine opportunities to facilitate increased diversion of organics and recyclables from the institutional, commercial and industrial sectors including a review of:

 

a)         other Ontario municipalities and selected cities in Canada;

 

b)         legislative and regulatory requirements and associated policies; and,

c)         potential actions that could be undertaken at the municipal government level to increase waste diversion and create local and regional jobs;

 

it being noted that the Civic Works Committee received an update report and the attached presentation from the Director, Environment, Fleet and Solid Waste with respect to this matter.  (2015-E07)

 

Motion Passed

 

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

 

 

At 6:08 PM Councillor V. Ridley leaves the meeting.

 

 

10th Report of Planning and Environment Committee

Councillor P. Squire presents.

 

Motion made by Councillor P. Squire to Approve clauses 1 to 11, excluding clause 3.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor S. Turner disclosed a pecuniary interest in clause 3 of this Report, having to do with the application by Tara and John Winspear, relating to the property located at 878 Hellmuth Avenue, by indicating that he has an employment relationship with the applicant.

 

2.

4th Report of the Advisory Committee on the Environment

 

That the 4th Report of the Advisory Committee on the Environment from its meeting held on April 1, 2015, BE RECEIVED.

 

4.

Properties located at 2179 and 2201 Hyde Park Road (H-8442)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application of Old Oak Properties Limited, relating to the properties located at 2179 and 2201 Hyde Park Road, the proposed by-law, as appended to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R9 (h*h-11*R9-7H32) Zone and a Holding Residential R9/Temporary (h*h-11*R9-7*H32*T-41) Zone TO a Residential R9 (R9-7*H32) Zone and a Residential R9/Temporary (R9-7*H32*T-41) Zone to remove the h and h-11 holding provisions. (2015-D09)

 

5.

6th Report of the London Advisory Committee on Heritage

 

That the following actions be taken with respect to the 6th Report of the London Advisory Committee on Heritage from its meeting held on April 8, 2015:

 

a)            the following actions be taken with respect to the Stewardship Sub-Committee minutes from its meeting held on March 25, 2015:

 

i)          a Notice under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, of the Municipal Council’s intention to designate the property located at 161 Windermere Road to be of cultural heritage value and interest BE GIVEN, for the reasons appended to the 6th Report of the London Advisory Committee on Heritage;

 

ii)         the following comments related to the Hunt Dam BE FORWARDED to the Civic Administration for consideration:

 

I)          the London Advisory Committee on Heritage supports the creation of interpretive signage for the Hunt Dam; and,

II)         acknowledgement of the Hunt family contributions to the City of London be further noted through consideration of Park naming in accordance with existing policies;

 

iii)         the following properties in sub-category 2, with the priority listings identified, BE ADDED to the Heritage Register:

I)          126 Mount Pleasant Avenue (currently Priority 3; revise to Priority 1);

II)         171 Mount Pleasant Avenue (Priority 3);

III)          30 Charles Street (Priority 1);

IV)          32-34 Charles Street (Priority 2);

V)           13 Granville Street (Priority 2);

VI)          114 Paul Street (Priority 3);

VII)        116 Paul Street (Priority 3);

VIII)       128 Paul Street (Priority 3);

IX)          132 Paul Street (Priority 3);

X)           136 Paul Street (Priority 3);

XI)          142 Paul Street (Priority 3);

XII)        30 Wharncliffe Road North (Priority 2);

XIII)       8 Wyatt Street (Priority 2);

XIV)      10 Wyatt Street (Priority 3);

XV)        34 Wyatt Street (Priority 2); and,

XVI)      36 Wyatt Street (currently Priority 1; revise to Priority 3);

 

iv)        the matter of Mid-Century Modern properties BE REFERRED to the June 10, 2015 London Advisory Committee on Heritage meeting, for further discussion; and,

 

v)         the matter of a demolition request for the property located at 104 Commissioners Road East BE REFERRED to the Stewardship Sub-committee for further review; it being noted that the London Advisory Committee on Heritage heard a verbal delegation from B. and J. Blackburn, Property Owners, with respect to this matter;

 

b)         the communication dated March 12, 2015, from B. Duclos, Heritage Consultant, Ministry of Tourism, Culture and Sport, with respect to criteria for evaluating the potential of Archaeological and Built Heritage and Cultural Heritage Landscapes BE REFERRED to the London Advisory Committee on Heritage’s Archaeological and Stewardship Sub-Committees;

 

c)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application to alter the designated heritage property located at 37 Ridout Street South BE APPROVED, subject to the specifications as appended to the staff report dated April 8, 2015; it being noted that the replacement columns will be painted to match the existing trim and detail;

 

d)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application to alter the heritage designated property located at 172-174 Dundas Street, within the Downtown Heritage Conservation District, BE APPROVED, subject to the following terms and conditions prior to the completion of work:

 

i)             a sample of the final exterior cladding material and coursing pattern be provided to the Heritage Planner for approval prior to installation; and,

 

ii)         the final cornice design and a sample of material be provided to the satisfaction of the Heritage Planner prior to installation;

 

it being noted that the London Advisory Committee on Heritage heard a verbal delegation from C. Sparling, Tenant (Tim Horton’s), with respect to this matter;

 

e)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application for the alteration and addition to the heritage designated property located at 525 Princess Avenue, within the East Woodfield Heritage Conservation District, BE APPROVED in general conformity with the plans provided by the applicant, and appended to the staff report dated April 8, 2015, and subject to the following terms and conditions prior to the completion of work:

 

i)             the retention of the existing windows is encouraged, if repair is not possible, the replacement windows should be two-over-two segmented arch windows and the final window specifications approved by the Heritage Planner prior to installation;

 

ii)         the faux window proposed in the upper east elevation be replaced by a pair of fixed shutters to fill the existing window opening;

 

iii)         the design of the proposed dormer(s) be of proportional massing and form to the Italianate-style of the dwelling and be supplied to the Heritage Planner for approval prior to installation;

 

iv)        the parapet wall proposed for the porch be removed;

 

v)         the proposed porch columns be extended to the base of the porch deck;

 

vi)        the salvaged brick retained from the removed rear portion of the existing house be applied to the street facing elevations of the new construction laid in a bond pattern matching the original and wrapping around its corners as much as possible, using an appropriate lime-based mortar; it being noted that it is recommended that a mason with heritage experience be retained for this work;

 

vii)       should the quantity of salvaged brick be sufficient to achieve condition vi), above, an alternate material sample and installation be provided to the Heritage Planner for approval prior to installation; and,

 

viii)       an alternative exterior foundation cladding for all elevations be considered and supplied to the Heritage Planner for approval prior to installation;

 

f)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application to alter the windows in the designated heritage property located at 504 Waterloo Street BE APPROVED, with the exception of the proposed third floor attic window, which the London Advisory Committee on Heritage (LACH) requests to be a paintable non-vinyl window, approved by Heritage Planner prior to installation; it being noted that the Heritage Planner has reviewed the proposed replacement window alteration program and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible; it being further noted that the LACH heard a verbal delegation from R. Wilson, Applicant, with respect to this matter;

 

g)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit application to alter the windows and landscaping on the designated heritage property located at 517 Dufferin Avenue BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed alterations and has advised that the impact of such alterations on the heritage features of the property identified in the reasons for designation is negligible; it being further noted that the London Advisory Committee on Heritage heard a verbal delegation from E. Turley, Applicant, with respect to this matter;

 

h)            on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the alteration of a heritage designated property located at 871 Waterloo Street, within the Bishop Hellmuth Heritage Conservation District, BE APPROVED, SUBJECT TO the proposed decking being replaced with tongue and groove, to the satisfaction of the Heritage Planner prior to installation; it being noted that the London Advisory Committee on Heritage heard a verbal delegation from M. Mezger, Applicant, with respect to this matter;

 

i)              clauses 1 to 9 and clauses 17 to 20 BE RECEIVED;

 

it being noted that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Chair, LACH, with respect to these matters.

 

 

6.

Properties located at 85 and 91 Meg Drive (Z-8451)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Almehdi Almuntathar Union, relating to the properties located at 85 and 91 Meg Drive:

 

a)         the proposed by-law, as appended to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial (LI6/LI7) Zone and a Light Industrial (LI3/LI6/LI7) Zone, TO a Light Industrial Special Provision (LI3/LI6/LI7(*)) Zone;

 

b)         the proposed by-law, as appended to the staff report dated April 20, 2015, BE INTERPRETED by the Municipal Council to conform to the Light Industrial policies of the Official Plan;

 

c)         the proposed by-law, as appended to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 to deem Lots 4-1 and 5-1 in Plan 33M-227 not to be in a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act;

 

d)         the City Clerk BE DIRECTED to provide notice of the passing of the by-laws and to undertake registration of the Deeming by-law, in accordance with the provisions in subsections 50(28) and 50(29) of the Planning Act; and,

 

e)         the applicant BE REQUIRED to pay for any costs incurred to register the deeming by-law at the land registry office;

 

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.   (2015-D09)

 

7.

Properties located at 1070, 1072, 1080 and 1088 Adelaide Street North and 621-623 Huron Street (Z-8452)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of GSP Group Inc., relating to the properties located at 1070, 1072, 1080 and 1088 Adelaide Street North and 621-623 Huron Street, the proposed by-law, as appended to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Community Shopping Area (CSA2) Zone TO a Community Shopping Area Special Provision (CSA2(_)) Zone;

 

it being noted that the applicant is encouraged to provide additional bicycle parking spaces to achieve to the greatest degree possible the requirements of the Zoning by-law;

 

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.   (2015-D09)

 

 

8.

Property located at 1959 Wharncliffe Road South (39T-14502)

 

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of 1640209 Ontario Limited, c/o York Developments, relating to the property located at 1959 Wharncliffe Road South:

 

a)            the Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to these matters, the following issues were raised:

 

i)          the removal of the Convenience Commercial blocks;

ii)         the proposal for 20 metre wide roadways for most local streets; and,

iii)        the requirement for sidewalks on both sides of local streets;

 

b)            the proposed by-law, as appended as Appendix “A” to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to amend the Southwest Area Secondary Plan for a portion of the northwest corner of the subject site to change the designation FROM Low Density Residential TO Open Space, to ensure the protection of vegetation and FROM Open Space TO Low Density Residential, to allow for the development of single detached dwellings fronting Street “A”;

 

c)            the proposed by-law, as appended as Appendix “B” to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to amend the Official Plan to change the designation on Schedule “A” - Land Use, on a portion of these lands FROM Low Density Residential TO Open Space and FROM Environmental Review and Open Space TO Low Density Residential, to permit single detached, semi-detached, duplex dwellings and cluster housing; to amend the Official Plan to change the designation on Schedule “B1”, on a portion of these lands TO REMOVE the “Unevaluated Vegetation Patch” delineation and the “Potential Naturalization Corridor” delineation;

 

d)         the proposed, revised, by-law, as appended as Appendix “C” to the staff report dated April 20, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part b), above), to change the zoning of the subject property FROM an Urban Reserve (UR4), Environmental Review (ER) and Open Space (OS4) Zone TO a Residential Holding R1 (h.h-100.R1-4) Zone, to permit single detached dwellings with a minimum lot frontage of 12.0 metres (39.37 feet) and a minimum lot area of 360 square metres (3,875 square feet); a Holding Residential R1 (h. h-(  )h-100.R1-4) Zone, to permit single detached dwellings with a minimum lot frontage of 12.0 metres (39.37 feet) and a minimum lot area of 360 square metres (3,875 square feet); a Holding Residential R8 and Residential R9 Special Provision(h.h-100.h-(   )h-(   )R8-4/R9-3(  )*H32) Zone, to permit medium density residential uses such as  stacked townhouses, apartment buildings and senior citizen apartment buildings at a maximum density of 75 units/ha(30 units/acre), and a maximum building height of 13m(42.6 feet), and permit medium density residential uses such as apartment buildings and senior citizen apartment buildings at a maximum density of 100units/ha(40 units/acre), and a maximum building height of 32 metres(105 feet) and maximum of nine (9) storeys ; a Neighbourhood Facility (NF1) Zone, to permit a range of institutional uses such as churches, community centres, day care centres and fire stations; and an Open Space (OS4) Zone, to protect the ecological features and functions of these lands; it being noted that the two new holding provisions are required to encourage street oriented development and discourage noise attenuation walls along arterial roads, a development agreement shall be entered into to ensure that new development is designed and approved consistent with the design guidelines in the Southwest Area Plan and to ensure that the final size and number of the low density residential lots and medium density residential blocks are not created until such time as the Class EA has been completed to identify the location of the realignment of Bostwick Road;

 

e)         the request to amend Zoning By-law No. Z-1 to change the zoning of the subject property FROM an Urban Reserve (UR4) Zone, an Environmental Review (ER) Zone and Open Space (OS1) Zone TO a Convenience Commercial (CC6) Zone, to permit a limited range of convenience commercial uses such as convenience stores, medical/dental offices, food stores, offices, pharmacies and restaurants; and a Convenience Commercial Special Provision (CC6( )) Zone, to permit, in addition to the above noted uses, financial institutions which service the immediate neighbourhood with additional building forms, increased gross floor areas, reduced setbacks and additional permitted uses, BE REFUSED as there are sufficient convenience commercial lands in the immediate area to serve the needs of local residents; and the approved Southwest Area Plan did not identify a need for convenience commercial uses at this location;

 

f)             the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the recommended plan of residential subdivision, as red-line amended, which shows 149 single detached lots, one (1) single detached residential block; one (1) medium density residential block, one (1) institutional block, three (3) walkway blocks, four (4) open space blocks, four (4) future development blocks, one (1) walkway/service corridor block, and five (5) local public streets (an extension of Bakervilla Street to the north and to the east, an extension of Debra Drive to the north, an extension of Westpoint Heights to the north, an extension of Savoy Street to the north and a new Street “A”), SUBJECT TO the attached, revised, conditions contained in Appendix “D” and the requested Official Plan amendment coming into effect;

 

g)             the “Estimated Claims and Revenues Report”, appended as Appendix “E” to the associated staff report, dated April 20, 2015, BE APPROVED;

 

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submissions in connection therewith.   (2015-D09)

 

 

9.

Back to the River Design Competition - London Community Foundation

 

That the delegation from M. Powell and F. Galloway, London Community Foundation, BE POSTPONED to a future meeting of the Planning and Environment Committee.

 

10.

Property located at 3804 Southwinds Drive

 

That the communication dated April 10, 2015, from E. MacKinnon and D. Dittmer, 3915 Southwinds Drive and J. and I. Waldie, 3916 Southwinds Drive, relating to the property located at 3804 Southwinds Drive, BE RECEIVED, as this matter is to be heard at the Ontario Municipal Board on May 20, 2015.  (2015-D09)

 

11.

Planning and Environment Committee Deferred Matters List

 

That the following actions be taken with respect to the Planning and Environment Committee Deferred Matters List:

 

a)         the Civic Administration BE DIRECTED to update the Deferred Matters List and remove any items that have been addressed by the Civic Administration; and,

 

b)         the Civic Administration BE DIRECTED to update item 4, Secondary Dwelling Units to add “Q2 2015” to the “Requested/Expected Reply Date”.

 

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, J. Zaifman (13)

 

At 6:10 PM Councillor V. Ridley enters the meeting.

 

Motion made by Councillor P. Squire to Approve clause 3.

 

 

 

3.

Property located at 878 Hellmuth Avenue - Committee of Adjustment Decision on Minor Variance Application (A.009/15)

 

 

That, on the recommendation of the Planner II, Development and Compliance Services, in response to the letter of appeal to the Ontario Municipal Board, dated February 9, 2015, submitted by Peter Dillon, relating to the minor variance application concerning 878 Hellmuth Avenue, the following actions be taken:

 

a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the decision of the Committee of Adjustment to grant the minor variance; and,

 

b)         the City Solicitor and the Managing Director, Development and Compliance Services and Chief Building Official BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board hearing to support the Committee of Adjustment’s decision.  (2015-D13)

 

Motion Passed

 

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

 

RECUSED: S. Turner (1)

 

 

 

5th Report of the Community and Protective Services Committee

Councillor J. Morgan presents.

 

Motion made by Councillor J. Morgan to Approve clauses 1 to 17, excluding clauses 7, 8 and 14.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

4th Report of the London Diversity and Race Relations Advisory Committee

 

That that 4th Report of the London Diversity and Race Relations Advisory Committee, from its meeting held on March 19, 2015, BE RECEIVED.

 

 

3.

3rd Report of the Community Safety and Crime Prevention Advisory Committee

 

That the 3rd Report of the Community Safety and Crime Prevention Advisory Committee (CSCP), from its meeting held on March 26, 2015, BE RECEIVED; it being noted that clause 6 of the 3rd Report of the CSCP was amended by deleting the words “Advisory Committee on the Environment” and by replacing them with the words “Transportation Advisory Committee”.

 

4.

3rd Report of the Accessibility Advisory Committee

 

That that 3rd Report of the Accessibility Advisory Committee, from its meeting held on March 26, 2015, BE RECEIVED.

 

5.

3rd Report of the London Housing Advisory Committee

 

That that 3rd Report of the London Housing Advisory Committee, from its meeting held on April 7, 2015, BE RECEIVED.

 

6.

3rd Report of the Animal Welfare Advisory Committee

 

That that 3rd Report of the Animal Welfare Advisory Committee, from its meeting held on April 2, 2015, BE RECEIVED.

 

9.

2013-2016 Long-Term Care Home Service Accountability Agreement between the Corporation of the City of London (Dearness Home) and the South West Local Health Integration Network (LHIN) Declaration of Compliance 2014

 

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the April 21, 2015 report to the Licensee of the Dearness Home regarding the Dearness Home Committee of Management direction to execute the Declaration of Compliance under the Long-Term Care Home Service Accountability Agreement for the reporting period of January 1 to December 31, 2014, BE RECEIVED for information. (2015-S03)

 

10.

Child Care Information Update and 2015 Child Care Service Plan

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, in her capacity as Administrator, Day Nurseries Act, the following actions be taken with respect to an update on child care information and the 2015 Child Care Service Plan :

 

a)        the child care information updates contained in the staff report dated April 21, 2015 BE RECEIVED for information; and

 

b)        the 2015 Child Care Service Plan, appended to the staff report dated April 21, 2015, as Schedule 1, BE ENDORSED.  (2015-S12)

 

 

11.

Children's Services Wage Enhancement Grant Agreement

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the proposed by-law, appended to the staff report dated April 21, 2015, with the effective date of May 1, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to:

 

a)        approve the standard form for the Children’s Services Wage Enhancement Grant Agreement attached as Schedule 1 to the proposed by-law; and,

 

b)        delegate to the Managing Director of Neighbourhood, Children and Fire Services as Administrator, Day Nurseries Act, or her/his respective written designate, the authority to:

 

(i)         insert the details into the form of Agreement approved in (a) above;

(ii)         approve any amendments to the Agreements as necessary; and,

(iii)        execute the Agreements and any amending Agreements.  (2015-F11A/L04A)

 

 

12.

London Majors Baseball-License Agreement for use of Labatt Park

 

That, on the recommendation of the Managing Director of Parks and Recreation, the proposed by-law, as appended to the staff report dated April 21, 2015, BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015, to:

 

a)        approve a Licence Agreement between the City of London and the London Majors Baseball Corporation, for non-exclusive use of Labatt Park for the period of April 30, 2015 to October 31, 2016;

 

b)        delegate to the Managing Director of Parks and Recreation, or written designate, the authority to authorize and approve such further other documents, including agreements, that may be required in furtherance of the licence agreement that are:

 

i)          consistent with the requirements contained in the Agreement;

ii)         do not require additional funding or are provided for in the City’s current budget; and,

iii)         do not increase the indebtedness or liabilities of The Corporation of the City of London, subject to prior review and approval by the City Solicitor; and,

 

c)        authorize the Managing Director of Parks and Recreation, or written designate, to execute any agreements approved under a) or b).  (2015-K04A/P09)

 

 

13.

Diversity, Race Relations and Inclusivity Award

 

That, on the recommendation of the City Clerk, the Communications Protocols and Procedures for the Diversity, Race Relations and Inclusivity Award, appended to the staff report dated April 21, 2015, BE ADOPTED.  (2015-M11)

 

15.

Taxicab/Limousine Licensing By-law - Fare Amendments and Housekeeping Matters

 

That the following actions be taken with respect to vehicles for hire, including cabs, accessible cabs, limousines and group transportation:

 

a)        on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the revised proposed by-law to amend By-law No. L.-129-51 being “A by-law for the licensing, regulating and governing of vehicles for hire, including cab, accessible cab, limousine and group transportation vehicle drivers, owners and brokers.” BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015 in order to implement an incremental vehicle for hire annual fare increase effective October 1, 2016, utilizing the Ontario Consumer Price Index, and to address minor housekeeping matters effective on the date the by-law is passed; it being noted that the fare increase will be reported upon annually to Municipal Council; and,

 

b)        the matter of new technologies and approaches regarding vehicles for hire BE REFERRED to staff to review and report back at a future meeting of the Community and Protective Services Committee on what is occurring in other jurisdictions, as well as at the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM), and what options might be available to the City of London; it being noted that the City’s primary concerns are health and safety, consumer protection and quality of life, as well as ensuring effective and efficient service delivery;

 

it being noted that the Community and Protective Services Committee heard the attached presentation from the Managing Director, Development and Compliance Services and Chief Building Official, with respect to this matter, and a communication from C. Schafer, Uber Public Policy Manager, Uber Canada, with respect to its ridesharing Canadian operations;

 

it being pointed out that at the public participation meeting associated with this matter, the individuals on the attached public participation meeting record made oral submissions with respect to this matter.    (2015-C01)

 

 

16.

Request for Delegation Status

 

That the request for delegation status from Abe Oudshoorn and Jeff Schlemmer, Executive Director, Neighbourhood and Legal Services, with respect to unlicensed group homes, BE APPROVED and Messrs. Oudshoorn and Schlemmer BE INVITED to attend the next Community and Protective Services Committee meeting, when staff will be reporting back on this matter.

 

 

17.

Deferred Matters List

 

That the following actions be taken with respect to the Community and Protective Services Committee (CPSC) Deferred Matters List:

 

a)         NO ACTION BE TAKEN with respect to the CPSC Deferred Matters List items 1, 4, 5,             6, 8, 10 and 14, and that these items BE REMOVED from the Deferred Matters List;             and,

 

b)         the Deferred Matters List BE PLACED on each agenda of the CPSC with the             understanding that the status of any outstanding items will be kept current

 

Motion Passed

 

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

 

Motion made by Councillor J. Morgan to Approve clause 7.

 

7.

Pedestrian Pathway Connection Across Canadian National Railway Lands in Kiwanis Park, Municipal Class Environmental Assessment

 

 

That, on the recommendation of the Managing Director, Planning and City Planner, and the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the pedestrian pathway connection across the Canadian National Railway lands in Kiwanis Park:

 

a)         the Municipal Class Environmental Assessment, Schedule ‘B’ Project File, as appended to the staff report dated April 21, 2015, with respect to this matter, BE ACCEPTED;

b)         a Notice of Completion for the above-noted project BE FILED with the Municipal Clerk; and

 

c)         the Municipal Class Environmental Assessment Project File, noted in a) above, BE PLACED on public record for a 30-day review period.  (2015-E05)

 

Motion Passed

 

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

 

Motion made by Councillor J. Morgan to Approve clause 8.

 

 

 

8.

Ban on Shark Fin Products

 

 

That the following actions be taken with respect to a ban on shark fin products:

 

a)         on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official and the City Clerk, the proposed by-law, as appended to the staff report dated April 21, 2015, to repeal By-law No. PH-17, being “A by-law to prohibit the possession, purchase, sale, trade, distribution, consumption, or preparation for consumption of Shark Fins in the City of London” BE INTRODUCED at the Municipal Council meeting to be held on April 28, 2015; it being noted that the Municipal Council remains concerned with the treatment of sharks for the removal of fins; and,

 

b)         the appropriate Federal and Provincial Ministers BE REQUESTED to bring forward appropriate legislation to ban the importation, and prohibit the possession, purchase, sale, trade, distribution, consumption or preparation for consumption of shark fins.  (2015-C01)

 

Pursuant to section 12.3 of the Council Procedure By-law, Councillor S. Turner calls for a separate vote on parts a) and b) of clause 8.

 

The motion to approve part a) of clause 8 is put.

 

Motion Passed

 

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

 

NAYS: S. Turner (1)

 

The motion to Approve part b) of clause 8 is put.

 

 

 

Motion Passed

 

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

 

 

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

 

14.

Rock the Park 12 - July 2015

 

 

That the following actions be taken with respect to the “Rock the Park 12 – July 2015” event:

 

a)         the attached proposed by-law BE INTRODUCED at the at the Municipal Council meeting to be held on April 28, 2015, to amend the City of London’s 2015 Special Events Policies and Procedures Manual to provide for the “Rock the Park 12- July 2015” event use of Harris Park for 5 consecutive days, commencing on July 14, 2015 and ending on July 18, 2015; it being noted that the Civic Administration is currently undertaking a review of the feasibility of establishing Culture Districts in the City, which will include consideration as to how best to address special events in the future; and,

 

b)         the Civic Administration BE REQUESTED to evaluate the impact on the community as a result of permitting the request noted in a), above, and to include their findings in the report back on the feasibility of establishing Culture Districts in the City;

 

it being noted that the Community and Protective Service Committee heard delegations and received a communication dated April 3, 2015, from D. F. McIntyre, President, Bethanys Hope Foundation and B. Jones, President, Jones Entertainment Group, and received the following communications with respect to this matter:

 

i)          a Municipal Council resolution, dated April 14, 2015; and,

ii)         a communication dated April 21, 2015 from B. Ohl, Regional Vice President, Global Spectrum Facility Management and General Manager, Budweiser Gardens. (205-M02)

 

 

Motion Passed

 

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

 

NAYS: M. van Holst (1)

 

 

 

 

16th Report of the Strategic Priorities and Policy Committee

Deputy Mayor M. Cassidy present.

 

Motion made by Deputy Mayor M. Cassidy Approve clauses 1 and 2.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor A. Hopkins disclosed a pecuniary interest in clause C-1 of the Confidential Appendix to this Report 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 or unions and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and advice which is the subject of solicitor client privilege, including communications necessary for that purpose, by indicating that her son is employed by the City of London.

 

2.

Resignation from the London Public Library Board

 

That the resignation of Councillor A. Hopkins from the London Public Library Board, due to a scheduling conflict with meetings of the London Middlesex Housing Corporation Board of Directors, BE ACCEPTED.

 

Motion Passed

 

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

 

 

 

 

9th Report of the Committee of the Whole

Deputy Mayor M. Cassidy presents.

 

 

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

 

ABSENT:  Councillor P. Hubert.

 

ALSO PRESENT:  A. Zuidema, A. Hagan, M. Hayward, O. Katolyk, G. Kotsifas, V. McAlea Major, D. Popadic, J. Stanford and B. Warner.

 

Motion made by Deputy Mayor M. Cassidy and seconded by Councillor H.L. Usher to Approve clauses 1 and 2.

 

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

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the attached lease (Appendix “A”), submitted by the YMCAWO to lease from the City the former London Normal School, located at 165 Elmwood Avenue East, BE ACCEPTED subject to the following covenants:

 

a)         Total Rentable Area of 43,370 square feet; the Premises shall include the entire building on the Property, with a total rentable area of up to 43,370 square feet, as well as the north approximately 2.5 acres of the lands of the Property as shown outlined or cross-hatched on Schedule “A” of the Lease;

 

b)         the Premises shall include the existing on-site surface parking of 62 spaces;

 

c)         the Term shall be ten (10) years with two further options each of five (5) years;

 

d)         the commencement date is the earlier of September 1, 2016, or the day following the end of the Fixturing Period;

 

e)         Basic Rent for Years 1 to 10 at $450,000 per annum with no escalation during the term;

 

f)         Landlord’s work - the Landlord will be obligated to complete the base building work that is to be further defined in the Lease (the “Landlord's Work”), but which at a minimum will include the work specified on Schedule “C” of the Lease, at its sole expense, in a good and workmanlike manner and in accordance with all municipal, building code and other applicable requirements. The Landlord's Work shall be substantially completed on or before the commencement of the Fixturing Period. The Landlord will provide a one (1) year warranty for its work.

 

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

 

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Development Services and Chief Building Official, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property located at 756 Windermere Road, further described as Part Lot 13, Concession 4, containing an area of approximately 1.02 acres, as shown on the attached location map, for the purpose of establishing a cat adoption center:

 

a)         the offer submitted by Nora Marlene Worrall to sell the subject property  to the City, for the sum of $225,000.00, BE ACCEPTED subject to the following condition:

 

i)          the City having thirty (30) days from the date of acceptance of this agreement to satisfy itself in its sole and absolute discretion as to the soil and environmental condition of the subject property; and

 

b)         the financing for this acquisition BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”.

 

 

Motion Passed

 

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

 

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

None.

 

XIII

BY-LAWS

 

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

 

Motion made by Councillor H.L. Usher and seconded by Councillor B. Armstrong to Approve Introduction and First Reading of Bill No.s 164 to 184 and added Bill No.s 186 and 187.

 

Motion Passed

 

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

 

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Zaifman to Approve Second Reading of Bill No.s 164 to 184 added Bill No.s 186 and 187.

 

Motion Passed

 

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

 

 

 

Motion made by Councillor H.L. Usher and seconded by Councillor J. Zaifman to Approve Third Reading and Enactment of Bill No.s 164 to 184 added Bill No.s 186 and 187.

 

Motion Passed

 

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

 

 

 

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No. 185.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

NAYS: M. Salih, J. Helmer (2)

 

 

 

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Second Reading of Bill No. 185.

 

Motion Passed

 

YEAS: M. Brown, M. van Holst, B. Armstrong, M. Cassidy, P. Squire, J. Morgan, A. Hopkins, V. Ridley, S. Turner, H.L. Usher, T. Park, J. Zaifman (12)

 

NAYS: M. Salih, J. Helmer (2)

 

 

 

Motion made by Councillor T. Park and seconded by Councillor H.L. Usher to Approve Third Reading and Enactment of Bill No. 185.

 

The following by-laws are passed and enacted as by-laws of The Corporation of the City of London.

 

Bill No. 164

By-law No. A.-7252-137

A by-law to confirm the proceedings of the Council Meeting held on the 28th day of April, 2015. (City Clerk)

Bill No. 165

By-law No. A.-7253-138

 

 

 

A by-law to approve and adopt the standard form Children’s Services Wage Enhancement Grant Agreement and to delegate authority to the Managing Director, Neighbourhood Children and Fire Services as Administrator, Day Nurseries Act to insert information, amend the Schedules and execute agreements which employ this form. (11/5/CPSC)

 

Bill No. 166

By-law No. A.-7254-139

 

 

A by-law to authorize and approve a Licence Agreement between London Majors Baseball Corporation  and The Corporation of the City of London; and to authorize the  Managing Director of Parks and Recreation, or designate, to execute the Agreement. (12/5/CPSC)

 

Bill No. 167

By-law No. A.-7240(a)-140

 

 

A By-law to amend the City of London’s 2015 Special Events Policies and Procedures Manual to provide for the “Rock the Park 12- July 2015” event use of Harris Park for 5 consecutive days July 14, 2015 to July 18, 2015. (14/5/CPSC)

 

Bill No. 168

By-law No. C.P.-1503-141

A by-law to exempt from Part Lot Control, lands located on the east side of North Wenige Drive, east of Ballymote Avenue, legally described as a portion of Blocks 112 and 113 in Registered Plan 33M-631, more particularly described as Parts 1-22 in Plan 33R19155 in the City of London and County of Middlesex. (1/10/PEC)

 

Bill No. 169

By-law No. C.P.-1504-142

A by-law to deem a portion of Registered Plan 33M-227 not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act, R.S.O. 1990, c. P13. (6/10/PEC)

 

Bill No. 170

By-law No. C.P.-1284(rn)-143

 

A by-law to amend the Official Plan for the City of London - 1989, relating to 1959 Wharncliffe Road South. (8b/10/PEC)

 

Bill No. 171

By-law No. C.P.- 1284(ro)-144

 

A by-law to amend the Official Plan for the City of London - 1989, relating to 1959 Wharncliffe Road South. (8c/10/PEC)

 

Bill No.  172

By-law No. L.-129(c)-145

 

A by-law to amend By-law No. L.-129-51 being “A by-law to provide for the licensing, regulating and governing of vehicles for hire, including cab, accessible cab, limousine and group transportation vehicle drivers, owners and brokers”. (15/5/CPSC)

 

Bill No. 173

By-law No. PH-19

 

A by-law to repeal By-law No. PH-17, being “A by-law to prohibit the possession, purchase, sale, trade, distribution, consumption, or preparation for consumption of Shark Fins within the City of London.” (8/5/CPSC)

 

Bill No. 174

By-law No. PS-111-15139

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (5/7/CWC)

 

Bill No. 175

By-law No. PS-111-15140

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (6/7/CWC)

 

Bill No. 176

By-law No. S.-5730-146

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

 

Bill No. 177

By-law No. S.-5731-147

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (pursuant to a Subdivision Agreement) (for the purposes of a public highway for pedestrian use only, south of Wateroak Drive) (Chief Surveyor)

 

Bill No. 178

By-law No. S.-5732-148

 

 

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway for unobstructed legal access throughout the Subdivision.  (The reserve has been transferred to the City of London by Inst. No. ER822524)) (as part of Cedarpark Drive). (Chief Surveyor)

 

Bill No. 179

By-law No. W.-5582-149

A by-law to authorize the 2015 Road Rehabilitation. (Project No. TS1446-15) (10/6/CWC)

 

Bill No. 180

By-law No. Z.-1-152387

 

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the land located at 2179 and 2201 Hyde Park Road. (4/10/PEC)

 

Bill No. 181

By-law No. Z.-1-152388

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 85 and 91 Meg Drive. (6/10/PEC)

 

Bill No. 182

By-law No. Z.-1-152389

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1070, 1072, 1080 & 1088 Adelaide Street North and 621-623 Huron Street. (7/10/PEC)

 

Bill No. 183

By-law No. Z.-1-152390

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1959 Wharncliffe Road South. (8/10/PEC)

 

Bill No. 184

By-law No. A.-6377(a)-150

 

A By-law to amend By-law No. A.-6377-206 entitled “A by-law to continue the London Transit Commission”. (City Clerk)

Bill No. 185

By-law No. A.-7255-151

 

A by-law levying tax rates for property classes in 2015. (3m/9/SPPC)

Bill No. 186

By-law No. A.-7256-152

A By-law to authorize and approve a Lease Agreement between The Corporation of the City of London and the YMCA of Western Ontario, for the lease of the City owned building at 165 Elmwood Avenue, London, Ontario, and to authorize the Mayor and the City Clerk to execute the Agreement. (C1/11/CSC)

 

Bill No. 187

By-law No. A.-7257-153

 

A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Nora Marlene Worrall, for the acquisition of 756 Windermere Road and

to authorize the Mayor and City Clerk to execute the Agreement. (C2/11/CSC)

 

 

XIV

ADJOURNMENT

 

Motion made by Councillor M. Salih and seconded by Councillor H.L. Usher to Adjourn.

 

Motion Passed

 

The meeting adjourned at 7:01 PM.

 

_________________________________

                                                                                          Matt Brown, Mayor

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

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