Council

MINUTES

27TH MEETING

October 13, 2015

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

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: A. Zuidema, J.P. Barber, A.L. Barbon, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, K. Graham, G. Kotsifas, L. Livingstone, V. McAlea Major, D. O’Brien, R. Paynter, M. Ribera, L. Rowe,  B. Westlake-Power and J. Wills.

At the beginning of the Meeting all Members are present.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor J. Helmer discloses a pecuniary interest in clause 3 of the 23rd Report of the Corporate Services Committee, having to do with the Province’s review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act, in so far as discussions arise regarding the City providing public notice via Canada Post, by indicating that his spouse is employed by Canada Post.   

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

IV

RECOGNITIONS

1.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to the Canadian Medical Hall of Fame.

V

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor J. Helmer and seconded by Councillor M. Cassidy to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering a matter pertaining to advice that is subject to solicitor-client privilege and any communications necessary for the purpose, and a proposed or pending acquisition or disposition of land by the municipality or local board, related to the Western Fair Association. (C1/23/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)

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TWENTY-SIXTH MEETING HELD ON SEPTEMBER 29, 2015

Motion made by Councillor M. Cassidy and seconded by Councillor M. van Holst to Approve the Minutes of the 26th Meeting held on September 29, 2015.

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

COMMUNICATIONS AND PETITIONS

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

14th Report of the Civic Works Committee

Councillor H.L. Usher presents.

Motion made by Councillor H.L. Usher to Approve clauses 1 to 16, excluding clauses 6, 8 and 11.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

8th Report of the Cycling Advisory Committee

That the 8th Report of the Cycling Advisory Committee, from its meeting held on September 16, 2015, BE RECEIVED.

3.

4th Report of the Transportation Advisory Committee

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

4.

Closing Part of Robin's Hill Road

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

a)         the closing of approximately 230 metres of the formerly traveled Robin’s Hill Road allowance north of Huron Street in Lot 2, Concession 3 of the geographic Township of London BE APPROVED; and,

b)         the Chief Surveyor BE AUTHORIZED to initiate the process of legally closing that portion of Robin’s Hill Road north of Huron Street by by-law; it being noted that any affected utilities will be protected by conveying the necessary easements to the utility owners.  (2015-T09)

5.

Thames River Experimental Stream Science Facility at Adelaide Pollution Control Plant (Related to Bill No. 342)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated October 6, 2015 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to:

a)         authorize and approve an agreement for Consent to Enter for the University of Western Ontario for the purposes of conducting research at the site of the Adelaide Pollution Control Plant; and,

b)         authorize the Mayor and the City Clerk to execute the Agreement authorized and approved in a), above.  (2015-E03)

7.

Dingman Creek Subwatershed - Stormwater Servicing Strategy Municipal Class Environmental Assessment

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consulting engineer for the Dingman Creek Subwatershed: Stormwater Servicing Strategy Schedule C Municipal Class Environmental Assessment:

a)         Aquafor Beech Ltd. BE APPOINTED to carry out the Dingman Creek Subwatershed: Stormwater Servicing Strategy Schedule C Municipal Class Environmental Assessment in the total amount of $501,328.00, including contingency, excluding H.S.T.; in accordance with Section 15.2(e) of the Procurement of Goods and Services Policy;

b)         the Upper Thames River Conservation Authority (UTRCA) BE APPOINTED to carry out the Dingman Creek Subwatershed: Modelling for the Floodplain Update in the total amount of $71,500.00, including contingency, excluding H.S.T.; in accordance with Section 14.4 (h) of the Procurement of Goods and Services Policy;

c)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated October 6, 2015 as Appendix ‘A’;

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

e)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contract with the consultant for the work; and,

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

it being noted that the Civic Works Committee received the attached presentation from S. Mathers, Division Manager, Stormwater, with respect to this matter. (2015-E20)

9.

Veterans Memorial Parkway Pavement Rehabilitation Appointment of Survey Consultant

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a survey consultant for the Veterans Memorial Parkway Pavement Rehabilitation Project:

a)         Callon Dietz Incorporated BE APPOINTED Survey Consultant to complete the engineering survey for the project in the amount of $112,900.00, excluding H.S.T., in accordance with Section 15.2 (d) of the Procurement of Goods and Services Policy; it being noted that competitive proposals were received from two qualified firms;

b)         the financing for this assignment BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated October 6, 2015, as Appendix ‘A’;

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

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

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.   (2015-A05)

10.

Wonderland Road South Two-Lane Upgrade Highway 401 to Highway 402 Appointment of Consulting Engineer

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Wonderland Road South two-lane upgrade from Highway 401 to Highway 402:

a)         MMM Group Limited BE APPOINTED Consulting Engineers for the detailed design and tendering of the project, in the amount of $626,823.00, excluding H.S.T., in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;

b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report  appended to the staff report dated October 6, 2015, as Appendix A;

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

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

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2015-A05)

12.

Left-Turn Ban onto Farnham Road Southdale Road West

That the Civic Administration BE REQUESTED to review and report back with respect to the left-turn ban onto Farnham Road from Southdale Road West; it being noted that the Civic Works Committee received a communication dated September 24, 2015, from Councillor V. Ridley, with respect to this matter.  (2015-T10)

13.

Kindness Meters

That the Kindness Meter Project BE APPROVED IN PRINCIPLE and the Civic Administration BE REQUESTED to consult with L. McCardle and report back on a proposed implementation protocol;  it being noted that the Civic Works Committee received a communication, as well as a verbal delegation, from L. McCardle, with respect to this matter.

14.

Winter Maintenance for Un-assumed Subdivisions

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer and the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to winter maintenance for un-assumed subdivisions:

a)         the Standard Subdivision Agreement template BE REVISED to provide the option for developers, at their expense, to provide winter maintenance of un-assumed roads, at the sole discretion of the City;

b)         the Civic Administration BE AUTHORIZED to process administrative amendments to existing Subdivision Agreements, for developers requesting the option, at their expense, to provide winter maintenance of un-assumed roads, at the sole discretion of the City; and,

c)         the Civic Administration BE AUTHORIZED to undertake all additional administrative acts necessary to effect these recommendations.  (2015-T06)

15.

Individual Environmental Assessment - Long Term Solid Waste Resource Recovery and Disposal Plan

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to long term solid waste planning:

a)         the Civic Administration BE DIRECTED to proceed with an Individual Environmental Assessment to develop long term solid waste resource recovery and disposal plans for the City of London; and,

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter.  (2015-E20)

16.

Deferred Matters List

That the Civic Works Committee (CWC) Deferred Matters List, as at September 15, 2015, BE RECEIVED; it being noted that the Civic Administration will review the “Expected Reply Dates” to ensure they remain relevant.

6.

Flooding Matters - Terms of Reference

That the following actions be taken with respect to dealing with flooding matters:

a)         the Civic Administration BE REQUESTED to report back by December 1, 2015, with a proposed work plan for dealing with flooding matters, as initially contemplated in the draft terms of reference  for a Flooding Task Force, and including investigation of causes and recommended remedial actions; and,

b)         following the confirmation of the proposed work plan, the Civic Works Committee include this matter on subsequent meeting agendas in order to bring the work plan to completion. 

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)

8.

Western Road / Wharncliffe Road North Widening Environmental Study 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 Western Road / Wharncliffe Road North Widening Environmental Assessment:

a)         the Western Road / Wharncliffe Road North Widening from Platts Lane to Oxford Street Municipal Class Environmental Study Report BE ACCEPTED;

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

c)         the Environmental Study Report BE PLACED on public record for a 30- day review period:

it being noted that the Civic Works Committee received the attached presentation from D. MacRae, Division Manager, Transportation Planning and Design, with respect to this matter.  (2015-T04)

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)

11.

Downtown London Parking Utilization Study

That, on the recommendation of the Director, Roads and Transportation, the staff report dated October 6, 2015, with respect to the Downtown London Parking Utilization Study, 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)

22nd Report of the Planning and Environment Committee

Councillor P. Hubert presents. 

Motion made by Councillor P. Hubert to Approve clauses 1 to 12, excluding clauses 7, 9 and 11.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

8th Report of the Environmental and Ecological Planning Advisory Committee

That the following actions be taken with respect to the 8th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on September 17, 2015:

a)         the revised, Working Group comments with respect to the application by Old Oak Properties, relating to the property located at 2300 Richmond Street, BE FORWARDED to the Civic Administration for consideration; it being noted that the Environmental and Ecological Planning Advisory Committee reviewed and received a communication dated September 16, 2015, from the Upper Thames River Conservation Authority relating to this application;

b)         the following actions be taken with respect to the  application of Dave and Kim Stewart related to the properties located at 2525 and 2695 Dingman Drive:

i)              the Civic Administration BE ADVISED that the Environmental and Ecological Planning Advisory Committee recommends that the subject lands be zoned OS5, not OS4, as propose; it being noted that natural heritage features outside of the flood plain are generally zoned OS5; and,

ii)         it BE NOTED that the Notice dated August 26, 2015, from B. Debbert, Senior Planner, with respect to an application submitted by Dave and Kim Stewart, relating to this matter, was received; and,

c)         clauses 1 to 5, 7, 9 and 10, BE RECEIVED.

3.

3rd Report of the Agricultural Advisory Committee

That the following actions be taken with respect to the 3rd Report of the Agricultural Advisory Committee from its meeting held on September 16, 2015:

a)         the Planner on file BE REQUESTED to provide the Agricultural Advisory Committee (AAC) with the specific proposed changes to Section 45.3 of Zoning By-law Z.-1 related to the regulation regarding setbacks to adjacent residential uses, for mushroom farm uses; it being noted that the AAC reviewed and received a Notice dated August 20, 2015, from L. Maitland, Planner 1, with respect to amending zoning regulations for mushroom farms;

b)         the Civic Administration BE REQUESTED to consult with the Agricultural Advisory Committee (AAC) with respect to the feasibility of an overarching urban agriculture policy as outlined in the Municipal Council resolution, from its meeting held on September 1, 2015; and,

c)         clauses 1 to 7 and 9 to 11, BE RECEIVED.

4.

6th Report of the Trees and Forests Advisory Committee

That the following actions be taken with respect to the 6th Report of the Trees and Forests Advisory Committee from its meeting held on September 23, 2015:

a)         the Civic Administration BE REQUESTED to work with the Trees and Forests Advisory Committee (TFAC) to develop protocols to:

i)          educate the community with respect to community tree planting on boulevards; and,

ii)         encourage community tree planting on boulevards;

it being noted that the TFAC received a verbal update from I. Listar, Manager, Urban Forestry, with respect to this matter; and,

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

5.

Chelsea Green Meadows Subdivision (39T-02511) (Related to Bill No. 343)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the subdivision agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the subdivision of land over Part of Blocks A, B and C, Part of Terrace Street (Closed by By-law No. 8865-28, Inst. No. CB225), Registered Plan No. 437(C), all of Lots 1 to 12 (both inclusive), all of Block W and part of Block R, Registered Plan No. 500 (amended by order No. EL34037), in the former Township of Westminster, now in the City of London, County of Middlesex, situated at the west limit of Terrace Street, west of Adelaide Street South:

a)         the proposed by-law, being "a by-law to authorize an Assignment Agreement between The Corporation of the City of London and 2423652 Ontario Ltd.; and to authorize the Mayor and City Clerk to execute the Agreement" BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015; and,

b)         execution of this Assignment Agreement by the City BE DELAYED until such time as the owner has provided the City with a copy of the Transfer document as proof of the purchase and sale.    (2015-D12/L04A)

6.

Crestwood (Phase 3) Subdivision (39T-13503)

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 Norquay Buttonbush Land Corp., for the subdivision of land over Part of Lot 41, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of Southdale Road East, west of Tillmann Road, municipally known as 860 Southdale Road East:

a)         the Special Provisions (Schedule “A”) appended to the staff report dated October 5, 2015, to be contained in a Subdivision Agreement between The Corporation of the City of London and Norquay Buttonbush Land Corp., for the Crestwood Subdivision (39T-13503), Phase 3 BE APPROVED;

b)         the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated October 5, 2015 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 October 5, 2015 as Schedule “C”; and,

d)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement noted in a) above, any amending agreements and all documents required to fulfill their conditions.    (2015-D12)

8.

Property located at 2150 Oxford Street East (OZ-8510) (Related to Bill No. 345, Bill No. 346, Bill No. 347 and Bill No. 351)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of City of London, relating to the property located at 2150 Oxford Street East:

a)         the proposed by-law appended to the staff report dated October 5, 2015 as Appendix "A", BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Schedule ‘A’ – Land Use of the Official Plan, in accordance with the amendment to change the designation of the portions of the subject lands that have been removed from the flood regulated area FROM an Open Space designation TO a Light Industrial designation;

b)         the proposed by-law appended to the staff report dated October 5, 2015 as Appendix "B", BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Schedule ‘B-1’ – Natural Heritage Features of the Official Plan, in accordance with the amendment to change the location of the “Maximum Hazard Line” to reduce the area of the flood plain, consistent with the Pottersburg Creek Subwatershed Study and the confirmation of the flood plain limit by the Upper Thames River Conservation Authority;

c)         the proposed by-law appended to the staff report dated October 5, 2015 as Appendix "C", BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Schedule ‘B-2’ – Natural Resources and Natural Hazards of the Official Plan, in accordance with the amendment to change the location of the “Regulatory Floodline” to reduce the area of the flood plain, consistent with the Pottersburg Creek Subwatershed Study and the confirmation of the Upper Thames River Conservation Authority; and,

d)         the proposed by-law appended to the staff report dated October 5, 2015 as Appendix "D", BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property on the area proposed to be outside of the flood plain FROM an Open Space/General Industrial (OS4/GI1) Zone TO a holding Light Industrial (h-(_), h-(_)/LI1/LI2/LI4/LI5) Zone;

it being pointed out that no individuals spoke at the public participation meeting associated with this matter.   (2015-D09)

10.

Review of the Community Facility Zone (Z-8479) (Related to Bill No. 352)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of the City of London, relating to lands Zoned Community Facility (CF2) as well as City-wide changes to various Zoning definitions, the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to modify the range of permitted uses in the Community Facility (CF2) Zone variation and to delete and replace various definitions of uses in the Zoning By-law;

it being pointed out that no individuals spoke at the public participation meeting associated with this matter.   (2015-D09)

12.

Planning Services Two Year Work Program

That the following actions be taken with respect to the Planning Services 2 Year Work Program:

a)         the Civic Administration BE REQUESTED to review the Trail Planning and Design Standards for Environmentally Significant Areas by the end of Q2, 2016; and,

b)         the Civic Administration BE DIRECTED to review and report back with a revised Work Program at a future meeting of the Planning and Environment Committee;

it being noted that the Planning and Environment Committee reviewed and received a communication dated October 2, 2015, from S. Levin, et. al., with respect to this matter.    (2015-D02)

7.

Properties located at 2525 and 2695 Dingman Drive (Z-8512) (Related to Bill No. 350)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Dave and Kim Stewart, relating to the properties located at 2525 and 2695 Dingman Drive, the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 2525 Dingman Drive FROM an Urban Reserve (UR6) Zone, an Open Space (OS4) Zone and an Environmental Review (ER) Zone TO a Residential R1 Special Provision (R1-16(_)) Zone, an Urban Reserve (UR6) Zone and an Open Space (OS4) Zone and to change the zoning of 2695 Dingman Drive FROM an Urban Reserve (UR6) Zone and an Open Space (OS4) Zone TO a Residential R1 Special Provision (R1-16(_)) Zone, an Urban Reserve (UR6) Zone and an Open Space (OS4) Zone;

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

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)

NAYS: S. Turner (1)

9.

Properties located at 3313-3450 Wonderland Road South and 1789 Wharncliffe Road South (SP15-009327)

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application by 1279059 ONTARIO INC., CLF1 (WONDERLAND ROAD) INC. and 1699259 ONTARIO INC. (York Developments), for a commercial shopping plaza with retail, offices, clinics, fitness centre and financial institutions proposed at 3313 through 3450 Wonderland Road South and 1789 Wharncliffe Road South:

a)         the Site Plan Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for Site Plan Approval for a commercial shopping plaza located at 3313 to 3450 Wonderland Road South and 1789 Wharncliffe Road South;

b)         the Site Plan Approval Authority BE ADVISED that the Municipal Council supports the Site Plan Application for the proposed commercial shopping plaza located at 3313 to 3450 Wonderland Road South and 1786 Wharncliffe Road South and raised the following issues with respect to the Site Plan Approval application:

i)          the applicant and the Civic Administration collaborate with the London Transit Commission to determine the placement of transit infrastructure and the routing of buses within the site;

ii)         tree coverage on the site be enhanced to better reflect city-wide tree canopy goals and reduce the heat island effect of the surface parking area;

iii)         the Civic Administration measure the net effect of the addition of the proposed new commercial lands on the existing commercial lands in the city;

iv)        the highest standards of design be incorporated into the site plan; and,

v)         ensure that there are sidewalks from Wonderland Road, at major entry points, to ensure that pedestrians are not competing with vehicular traffic;

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission regarding this matter.   (2015-D11)

Motion made by Councillor J. Helmer and seconded by Councillor P. Squire to Amend clause 9 by adding the following wording to the end of part b) i) “having regard to section 2.6.4 "Large Shopping Centres and Big Box Retail” in the Province of Ontario’s Transit-Supportive Guidelines”.

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 J. Helmer to Approve clause 9, 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)

11.

Properties located at 598, 600, 604 and 608 Springbank Drive (Z-8374) (Related to Bill No. 353)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of York Development Group MAI Inc., relating to the properties located at 598, 600, 604 and 608 Springbank Drive:

a)         the proposed by-law appended to the staff report dated October 5, 2015, BE INTRODUCED at the Municipal Council meeting to be held on October 13, 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 Residential R5/Residential R7/Residential R9/Restricted Office (R5-6/R7•D150•H16/R9-7•H16/RO2)  Zone TO a Holding Residential R9 Special Provision (h-5•h(_)•R9-7(_)•H44) Zone;

b)         the Site Plan Approval Authority BE REQUESTED to ensure, through the Site Plan approval process, that the development of the subject property be consistent with the Site Plan, Renderings, Elevation Drawings and Section Drawings appended to the staff report dated October 5, 2015 as Appendix “B” and to consider, where possible:

i)          increasing the height of the podium to a minimum of two (2) storeys in order to be more proportional with the height of the building and to provide a stronger enclosure of the adjacent pedestrian realm;

ii)         revising the design of the corner of the podium located at the intersection of Springbank Drive and Wonderland Road to include special architectural treatment which pronounces the corner;

iii)         relocating the primary entrance at or near the northeast corner of the building to allow for convenient pedestrian way-finding and site circulation and to further activate the pedestrian realm at the intersection;

iv)        screening parking from the public right-of-way with a combination of low masonry walls and vegetation/landscaping;

iv)        implementing a landscape treatment along Springbank Drive and Wonderland Road which is urban in nature and provides opportunities for seating, hardscape areas, planting and seamless integration with public sidewalks;

v)         creating a shaded urban plaza which reinforces pedestrian walking patterns along the tower’s abutting frontage at the intersection of Springbank Drive and Wonderland Road;

vi)        the provision of privacy fencing, shade trees and other desirable buffering features along the westerly property line where the site abuts an existing single detached dwelling, to ensure the greatest protection of privacy;

vii)       ensure that the westerly portion of the property, where the site abuts the existing single detached dwelling, is protected during the construction phase; and,

viii)       review the potential for a noise wall or planting landscaping to mute noise;

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

Motion Passed

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

NAYS: A. Hopkins, V. Ridley (2)

23rd Report of the Corporate Services Committee

Councillor M. Cassidy presents.

Motion made by Councillor M. Cassidy and seconded by   to Approve clauses 1 to 9, excluding clauses 2 and 3.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J. Helmer disclosed a pecuniary interest in clause 3 of this Report having to do with the Province’s review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act, in so far as discussions arise regarding the City providing public notice via Canada Post, by indicating that his spouse is employed by Canada Post.

4.

Request for Proposal 15-21 - General Insurance Program

That, on the recommendation of the Manager III, Risk Management Division and Managing Director, Corporate Services & City Solicitor and the Managing Director, Corporate Services, and with them concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:

a)         the proposal submitted by Frank Cowan Company Limited, 75 Main Street North Princeton, ON N0J 1V0, at a total annual premium of $2,340,943 plus tax, BE ACCEPTED;

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

c)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to RFP15-21.

5.

Report of the Federation of Canadian Municipalities Board of Directors Meeting - Fredericton, NB, September 9-12, 2015

That, the communication dated September 22, 2015 from Councillor H.L. Usher, Councillor M. Cassidy and Councillor J. Zaifman regarding the Federation of Canadian Municipalities Board of Directors meeting held on September 9-12, 2015 in Fredericton, New Brunswick BE RECEIVED for information.

6.

Consideration of Appointment to the Accessibility Advisory Committee

That Jon Higgins BE APPOINTED to the Accessibility Advisory Committee as a Voting Member for the term ending February 28, 2019.

7.

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

That Muriel Abbott BE APPOINTED to the Community Safety and Crime Prevention Advisory Committee as a Voting Member, representing Child Safety Middlesex London, for the term ending February 28, 2019.

8.

Corporate Services Committee Deferred Matters List

That the following actions be taken with respect to the Deferred Matters List:

a)         the Deferred Matters List BE APPROVED with the following amendments:

i)          addition of a requirement for a report back one-year after the Integrity Commissioner is in place regarding the advisability of appointing an Ombudsman and Lobbyist Registry for the City of London;

ii)         removal of Item 1.36 as staff will report back on this and other matters as they arise; and

iii)         update of Item 1.28 so that the expected reply date reads “4th Quarter 2015”;

b)         the Deferred Matters List BE PLACED on the Corporate Services Committee’s Agenda on a quarterly basis.

9.

2015 Federal Election Questionnaire

That, on the recommendation of the Director, Community and Economic Innovation, the staff report dated October 6, 2015, with respect to the 2015 Federal Election questionnaire, BE RECEIVED for information.

2.

Amendment to Council Policy 28(2) Council Members' Expense Account (Related to Bill No.344)

That, on the recommendation of the City Clerk, the attached revised proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on October 13, 2015 to repeal Council Policy 28(2), “Council Members’ Expense Account” and replace it with a revised Council Policy 28(2), in order to incorporate the following amendments to the policy:

a)         revised provisions for in-town vehicle expense claims, including either a monthly transportation allowance in a maximum amount of $150.00, to be declared annually, or a per kilometer rate, using the existing City of London “Corporate Car Allowance Statement” claim form;

b)         the inclusion of a prescribed form for the submission of a request to the Corporate Services Committee, for the approval of an expense on an exception basis; and,

c)         the addition of a requirement for expense claims to be submitted within forty-five days of the date of the expense, in order to be considered for reimbursement.

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)

3.

Review of Municipal Act, 2001 and Municipal Conflict of Interest Act

That, on the recommendation of the Director of Community and Economic Innovation, the following actions be taken with respect to the provincial review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act:

a)         the submission from the Association of Municipalities of Ontario (AMO),  appended to the staff report dated October 6, 2015 as Appendix 1, BE ENDORSED;

b)         the additional comments by the City of London, appended to the staff report dated October 6, 2015 as Appendix 2, BE APPROVED for submission to the Province of Ontario subject to the following amendments:

i)          exclusion of the section on community councils;

ii)         inclusion of the previous position of Council regarding the regulations pertaining to local improvements;

iii)         inclusion of clarification that notice provisions should have greater flexibility in order to enable a municipality to determine the most effective means of reaching out to engage and inform the community; and

c)         the City of London comments BE FORWARDED to local Members of the Legislative Assembly of Ontario.

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve that clause 3 be approved in principle and be referred to the October 20, 2015 meeting of the Corporate Services Committee for the purpose of giving consideration as to whether or not to also request the Province to consider potential sanctions that could restrict Council Members and/or Heads of Council under particular circumstances.

Motion Passed

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

23rd Report of the Committee of the Whole

Councillor P. Hubert presents.

Motion made by Councillor P. Hubert and seconded by Councillor M. Salih to Approve that it BE NOTED that the Committee of the Whole met, in camera, for the purpose of considering a matter pertaining to advice that is subject to solicitor-client privilege and any communications necessary for the purpose, and a proposed or pending acquisition or disposition of land by the municipality or local board, related to the Western Fair Association.

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)

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

XIII

BY-LAWS

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

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No.s 341 to 352, excluding Bill No. 350.

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 S. Turner and seconded by Councillor H.L. Usher to Approve Second Reading of Bill No.s 341 to 352, excluding Bill No. 350.

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 J. Zaifman and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No.s 341 to 352, excluding Bill No. 350.

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 J. Zaifman and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No.  350.

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)

NAYS: S. Turner (1)

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Second Reading of Bill No. 350.

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)

NAYS: S. Turner (1)

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No. 350.

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)

NAYS: S. Turner (1)

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve Introduction and First Reading of Bill No.  353.

Motion Passed

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

NAYS: A. Hopkins, V. Ridley (2)

Motion made by Councillor S. Turner and seconded by Councillor J. Helmer to Approve Second Reading of Bill No. 353.

Motion Passed

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

NAYS: A. Hopkins, V. Ridley (2)

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Third Reading and Enactment of Bill No. 353.

Motion Passed

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

NAYS: A. Hopkins, V. Ridley (2)

Bill No. 341

By-law No. A.-7307-261

A by-law to confirm the proceedings of the Council Meeting held on the 13^th day of October, 2015. (City Clerk)

Bill No. 342

By-law No. A.-7308-262

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. (5/14/CWC)

Bill No. 343

By-law No. A.-7309-263

A By-law to authorize an Assignment Agreement between The Corporation of the City of London and 2423652 Ontario Ltd.; and to authorize the Mayor and City Clerk to execute the Agreement. (5/22/PEC)

Bill No. 344

By-law No. A.-7310-264

A by-law to repeal and replace Council Policy 28(2) being the “Council Members’ Expense Account” Policy. (2/23/CSC)

Bill No. 345

By-law No. C.P.-1284(rx)-265

A by-law to amend the Official Plan for the City of London, 1989 relating to 2150 Oxford Street East. (8a/22/PEC)

Bill No. 346

By-law No. C.P.-1284(ry)-266

A by-law to amend the Official Plan for the City of London, 1989 relating to 2150 Oxford Street East. (8b/22/PEC)

Bill No. 347

By-law No. C.P.-1284(rz)-267

A by-law to amend the Official Plan for the City of London, 1989 relating to 2150 Oxford Street East. (8c/22/PEC)

Bill No. 348

By-law No. S.A.S.-276-268

A by-law to authorize the construction of a sanitary sewer, storm sewer and water main on Perkins Road as a local improvement pursuant to section 5 of Ontario Regulation 586/06 under the Municipal Act, 2001. (8/10/CWC)

Bill No. 349

By-law No. S.A.S.-277-269

A by-law to authorize the construction of sanitary sewer, storm sewer and water main on Eastgate Crescent as a local improvement pursuant to section 5 of Ontario Regulation 586/06 under the Municipal Act, 2001. (9/10/CWC)

Bill No. 350

By-law No. Z.-1-152429

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 2525 and 2695 Dingman Drive. (7/22/PEC)

Bill No. 351

By-law No. Z.-1-152430

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 2150 Oxford Street East. (8d/22/PEC)

Bill No. 352

By-law No. Z.-1-152431

A by-law to amend By-law No. Z.-1 to amend various Definitions and to amend the permitted uses in the Community Facility (CF2) Zone. (10/22/PEC)

Bill No. 353

By-law No. Z.-1-152432

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 598, 600, 604 & 608 Springbank Drive. (11/22/PEC)

XIV

ADJOURNMENT