Council

MINUTES

THIRTEENTH MEETING

May 31, 2016

The Council meets in Regular Session in the Council Chambers this day at 4:03 PM.

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

ABSENT:  Councillors M. Cassidy and S. Turner.

ALSO PRESENT:  A. Zuidema, J.P. Barber, G. Belch, J. Braam, S. Datars Bere, J.M. Fleming, T. Grawey, A.  Hagan, L. Hamer, M. Hayward, A. Heinz, J. Kobarda, P. Kokkoros, L. Livingstone, P. Lupton, S. MacDonald, V. McAlea Major, D. O’Brien, L.M. Rowe, C. Smith, E. Soldo, S. Spring, S. Stafford, B. Warner, R. Welker, T. Wellhauser and B. Westlake-Power.

At the beginning of the Meeting all Members except Councillors M. Cassidy and S. Turner.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor J. Morgan discloses a pecuniary interest in clause 10 of the 10th Report of the Planning and Environment Committee and related Bill No. 222, having to do with the property located at 1931 Jubilee Crescent, by indicating that his personal home backs on to that area.

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

15th Report of the Strategic Priorities and Policy Committee

4th Report of the Audit Committee

10th Report of the Planning and Environment Committee

IV

RECOGNITIONS

Motion made by Councillor P. Hubert and seconded by Councillor B. Armstrong to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of an in camera enquiry during the Committee of the Whole in camera session.

Motion Passed

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

XI

ENQUIRIES

Motion made by Councillor P. Hubert and seconded by Councillor J. Helmer to Approve that pursuant to section 17 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion to go in camera for the purpose of dealing with an in camera matter pertaining to an employment-related matter, labour relations and employee negotiations, including communications necessary for that purpose.

Motion Passed

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

V

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor P. Hubert and seconded by Councillor J. Helmer to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

a)

A matter pertaining to Litigation currently before the Superior Court of Justice, Court files No. 7132/12, 8922/12, 1235/13, 1294/13, 2438/15 affecting the municipality; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C1/9/CWC)

b)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of 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. (C1/13/CSC)

c)

(ADDED) A matter pertaining to an employment-related matter, labour relations and employee negotiations, including communications necessary for that purpose.

Motion Passed

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

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TWELFTH MEETING HELD ON MAY 17, 2016

Motion made by Councillor H.L. Usher and seconded by Councillor T. Park to Approve that the Minutes of the Twelfth Meeting held on May 17, 2016 BE APPROVED.

Motion Passed

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

VII

COMMUNICATIONS AND PETITIONS

Motion made by Councillor M. Salih and seconded by Councillor J. Helmer to Approve receipt and referral of the following communication, as noted on the Added Agenda:

1.

(ADDED) C. Campbell, Director of Culture and Entertainment Tourism, Tourism London - Country Music Week (Refer to the Community and Protective Services Committee stage for consideration with clause 19 of the 7th Report of the Community and Protective Services Committee.)

Motion Passed

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

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

7th Report of the Community and Protective Services Committee

Motion made by Councillor A. Hopkins to Approve clauses 1 to 18, inclusive, and clause 20.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

4th Report of the Accessibility Advisory Committee

That the 4th Report of the Accessibility Advisory Committee from its meeting held on April 28, 2016 BE RECEIVED.

3.

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

That the 4th Report of the London Diversity and Race Relations Advisory Committee from its meeting held on April 21, 2016 BE RECEIVED

4.

529 Philip Street - Property Standards Related Demolition (Relates to Bill No. 208)

That, on the recommendation of the Managing Director of Development & Compliance Services and Chief Building Official, the proposed by-law appended to the staff report dated May 25, 2016 BE INTRODUCED at the Council meeting to be held on May 31, 2016 to approve the demolition and clearing of all buildings, structures, debris or refuse at the property located at 529 Philip Street, in accordance with the City of London Property Standards By-law and the Ontario Building Code. (2016-P10D)

5.

Master Product and Service Agreement with Intergraph Canada Ltd. doing Business as Hexagon Safety and Infrastructure and Upgrade Computer Aided Dispatch System (Relates to Bill No. 209)

That, on the recommendation of the Fire Chief, with the concurrence of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the Master Product and Services Agreement with Intergraph Canada Ltd. doing business as Hexagon Safety & Infrastructure and upgrade to the Computer Aided Dispatch System:

a)         the proposed by-law appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting  to be held on May 31, 2016, to:

i)          approve a Master Product and Services Agreement with Intergraph Canada Ltd., doing business as Hexagon Safety & Infrastructure for the purposes of establishing the terms and conditions that will govern the purchase of software products and related services in the future, including the proposed purchase set out in part b) below; 

ii)         delegate the Fire Chief the authority to appoint a Project Manager for the Master Product and Services Agreement; and

iii)         authorize the Mayor and the City Clerk to execute the Agreement approved in i) above; and,

b)         the following actions be taken with respect to the upgrade of software for Computer Aided Dispatch system:

i)          the quotation submitted by Intergraph Canada Ltd., doing business as Hexagon Safety &  Infrastructure with its principal office located at 1120 68 Avenue NE, Calgary, Alberta T2E 8S5 to provide upgrades to the Computer Aided Dispatch system and related hardware replacement, at a cost of $145,343, excluding HST, BE ACCEPTED; this is a single source contract in accordance with section 14.4(d) the Procurement of Goods and Services Policy;

ii)         the funding for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 25, 2016; and,

iii)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with the Agreement noted in a) above and purchases noted in b) above, including authorizing Statement of Work #2016-1014.  (2016-P03)

6.

2014-2017 Multi-Sector Service Accountability Agreement Dearness Home Adult Day Program and the South West Local Health Integration Network Declaration of Compliance - April 2, 2015 - March 21, 2016

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, regarding compliance with the terms of the 2014-2017 Multi-Sector Service Accountability Agreement for the Dearness Home Adult Day Program, the Managing Director, Housing, Social Services and Dearness Home BE AUTHORIZED to execute the Declaration of Compliance, substantially in the form appended as Schedule 1 to the staff report dated May 25, 2016 for the reporting period April 1, 2015 to March 31, 2016.  (2016-S02)

7.

Achieva Health Increase on Contract Value

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to amendment of the contract with Achieva Health for the provision of physiotherapy and occupational therapy services at the Dearness Home:

a)         the existing contract with Achieva Health, 355 Eglinton Avenue East, Toronto, Ontario, M4P 1M5 BE INCREASED by $23,952 per annum, to a revised annual total of $237,444 in accordance with section 20.3 (e) of the Procurement of Goods and Services Policy; and,

b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with the contract noted in a) above;

it being noted that the contract with Achieva Health is a 3 year contract starting in February 2014 and ending in January 2017 with the option of two (2)  - one (1) year renewals; and it being further noted that the original contract with Achieva Health in the amount of $206,202 per annum was previously amended effective April 1, 2014 with an increase of $3,645 per annum and effective April 1, 2015 with an increase of $3,645 per annum in accordance with section 20.3 (d) of the Procurement of Goods and Services Policy, to incorporate increases in Ministry of Health and Long Term Care funding for physiotherapy services.  (2016-S02/A05)

8.

Supporting the Community Response to Syrian Newcomers - Update

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the staff report entitled “Supporting the Community Response to Syrian Newcomers – Update”, dated May 25, 2016, BE RECEIVED for information.  (2016-S15)

9.

Community Policing Partnership Program (Relates to Bill No. 210)

That, on the recommendation of the Chief of Police, the by-law appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to:

a)         approve an Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of the Ministry of Community Safety and Correctional Services, The Corporation of the City of London and the London Police Services Board, for the provision of funding under the Community Policy Partnerships Program; and,

b)         authorize the Mayor and the City Clerk  to execute the Agreement approved in a) above.  (2016-P03)

10.

Safer Communities 1,000 Officers Partnership Program (Relates to Bill No. 211)

That, on the recommendation of the Chief of Police, the by-law appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to:

a)         approve an Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of the Ministry of Community Safety and Correctional Services, The Corporation of the City of London and the London Police Services Board, for the provision of funding under the Safer Communities – 1,000 Officers Partnership Program; and,

b)         authorize the Mayor and the City Clerk to execute the Agreement approved in a) above. (2016-P03)

11.

Council Policy 1(10) - Diversity, Race Relations and Inclusivity Award (Relates to Bill No. 212)

That, on the recommendation of the City Clerk the following actions be taken with respect to the Diversity, Race Relations and Inclusivity Award:

a)         the proposed by-law appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to repeal and replace Council Policy 1(10) Diversity, Race Relations and Inclusivity Award to:

i)          update the terminology to reflect the name of the Advisory Committee being the “London Diversity and Race Relations Advisory Committee;

ii)         remove the “institutions (public and private)” and “education and training” categories; 

iii)         delete the term “Nomination Sub-Committee” and replace it with the term “Awards and Recognition Subcommittee”;

iv)        add a new category of “Social/Community Services Not-for-Profit  (50 or more employees/members)”; and,

v)         add a requirement of less than 26 years of age to the Youth/Young Adult category; and,

b)         subject to the approval of a) above, the revised Diversity, Race Relations and Inclusivity Award Nomination Form, appended to the staff report noted in a) above, BE APPROVED.  (2016-S15)

12.

Cavendish Park Information Update - Deferred Matter #2

That, on the recommendation of the Managing Director, Planning and City Planner the report entitled “Cavendish Park Information Update Deferred Matter 2”, dated May 25, 2016, BE RECEIVED for information.(2016-R04)

13.

By-law for the Execution of the Connection Agreement with London Hydro for a Load Displacement Generator at the Canada Games Aquatic Centre (Relates to Bill No. 213)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the by-law, as appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to:

a)         approve the London Hydro Form of Connection Agreement for a Small or a Mid-sized Embedded Generation Facility between London Hydro and The Corporation of the City of London for the purpose of rendering the combined heat and power system at the Canada Games Aquatic Centre approved for operation; and,

b)       authorize the Mayor and the City Clerk to execute the Agreement approved in a) above.  (2016-E06)

14.

Dearness Home: Long Term Care and Adult Day Program Management Consulting and Administrator Services Contract (Relates to Bill No. 214)

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the proposed by-law as appended to the staff report dated May 25, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to:

a)         approve  the extension to the existing Agreement between The Corporation of the City of London and Extendicare (Canada) Inc., 3000 Steeles Ave., Markham, Ontario, L3R 9W2, for two years, with an effective date of November 1, 2016, subject to any required approval by the Ministry of  Health and  Long Term Care:

i)          to provide operational management consulting services for the Dearness Home at a cost of $28,500 per month, excluding HST;

ii)         to provide Administrator services for Dearness Home at a cost of $14,500 per month, excluding HST;

iii)         to provide operational management consulting services to Dearness Home’s Adult Day Program service at a cost of $2,000 per month, excluding HST; and

iv)        to provide for disbursements for out of pocket expenses that Extendicare expends in carrying out this Agreement, limited to reasonable travel, meals, telephone, and accommodation expenses up to a maximum of $2,500 per month, excluding  applicable taxes;   

b)         to delegate authority to the Mayor and the City Clerk to execute the extension of the Agreement through a Renewal Agreement, substantially in the form appended as Schedule “A” to the above-noted staff report; and,

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with the extension of the  Agreement noted in a) above.  (2016-S02)

15.

2nd Report of the Childcare Advisory Committee

That the following actions be taken with respect to the 2nd Report of the Childcare Advisory Committee from its meeting held on May 3, 2016:

a)         the letter of invitation appended to the 2nd Report of the Childcare Advisory Committee BE FORWARDED to the Municipal Council Members advising of the upcoming “Adopt-A-Councillor” tour; it being noted that the Childcare Advisory Committee received the following with respect to this matter:

            i)          the appended outline;

            ii)         the final Adopt a Councillor package; and

            iii)         a verbal update from D. Gordon;

it being noted that this initiative is included on the Childcare Advisory Committee approved 2016 work plan; and,

b)       clauses 1 to 6, inclusive, BE RECEIVED.

16.

2nd Report of the Town and Gown Committee

That the following actions be taken with respect to the 2nd Report of the Town and Gown Committee from its meeting held on May 4, 2016:

a)         the Municipal Council BE REQUESTED to approve Official Plan and Zoning By-law amendments to permit Secondary Dwelling Units in London’s near-campus neighbourhoods, subject to the following criteria being met:

i)          Secondary Dwelling Units in near-campus neighbourhoods be subject to the minimum conditions and restrictions currently proposed by the Civic Administration for Secondary Dwelling Units elsewhere in London; and,

ii)         the Municipal Council be satisfied that existing and planned enforcement mechanisms will ensure the primary dwelling unit is, at all times, owner-occupied;

it being noted that the Town and Gown Committee reviewed and received the recommendations of the Secondary Dwelling Units Working Group with respect to this matter;

b)         the Civic Administration BE REQUESTED to revise the Great Near-Campus Neighourhood Planning Area boundaries as outlined in the  maps appended to the 2nd Report of the Town and Gown Committee; it being noted that the Town and Gown Committee reviewed and received the recommendation of the Great Near-Campus Neighbourhood Planning Working Group with respect to this matter;

c)         the City Clerk BE REQUESTED to amend the Town and Gown Committee Terms of Reference to remove the London and St. Thomas Association of Realtors from the membership as a Non-Voting Resource; it being noted that the Town and Gown Committee received, with regret, the attached communication, dated May 3, 2016, with respect to the resignation of M. Hardy-Trevenna, LSTAR, from the Committee; and

d)         clause 6, BE REFERRED to the Civic Administration to consider in conjunction with the on-going review of business licensing matters; it being noted that clause 6 reads as follows, “that the Community and Protective Services Committee BE REQUESTED to hold a public participation meeting with respect to a review of licensing fees of the Residential Rental Unit Licensing Program for the consideration of required property standards inspections; it being noted that the Town and Gown Committee heard the attached presentation from O. Katolyk, Chief Municipal Law Enforcement Officer, with respect to this matter;”

e)         clauses 1 to 3, inclusive, BE RECEIVED.

17.

6th Report of the Animal Welfare Advisory Committee

That the following actions be taken with respect to the 6th Report of the Animal Welfare Advisory Committee from its meeting held on May 5, 2016:

a)         the Municipal Council BE ADVISED that the Animal Welfare Advisory Committee (AWAC) does not support an amendment to By-law PH-3 (Animal Control By-law) to allow for pigs to be kept within the City of London; it being noted that the AWAC submitted the following items with respect to this matter:

i)          AWAC’s sub-committee report and research;

ii)         a communication dated April 7, 2016, from F. Morrison, Animal Outreach;

iii)         a communication dated April 7, 2016, from S. Poole, Cedar Row Farm sanctuary; and,

iv)        a National Pig Association (Warwickshire U.K.) Briefing Note on miniature and pet pigs;

b)         clauses 1 to 7, inclusive BE RECEIVED.

18.

Councillor B. Armstrong - Robarts Provincial School for the Deaf and Amethyst Provincial Demonstration School

That the Mayor BE REQUESTED to submit a letter to the Minister of Education indicating that The Corporation of the City of London supports the continued operation of the Amethyst Demonstration School and the Robarts Provincial School for the Deaf; it being noted that the Community and Protective Services Committee received the attached submission from Councillor B. Armstrong with respect to this matter.  

20.

Deferred Matters List

That the May 2016 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

19.

C. Campbell, Director of Culture & Entertainment Tourism, Tourism London - Country Music Week 2016

That the following actions be taken with respect to the request of Tourism London, for exemptions from the Special Events Policies and Procedures related to the Canadian Country Music Awards events:

a)         the Civic Administration BE DIRECTED to bring forward a proposed amendment to By-law A.-7348-49 (Special Events Policies and Procedures) to a public participation meeting before the Community and Protective Services Committee on June 21, 2016 to permit:

i)          an exemption to Section 13 of the Special Events Policies and Procedures pertaining to the hours of operation, for an outdoor stage and entertainment on Thursday, September 8, Friday, September 9, 2016 and Saturday, September 10, 2016 between the hours of 5:00 PM and not later than 1:00 AM each night; and,

ii)         an exemption to Sections 13.2 and 13.3 of the above-noted policy pertaining to the permitted sound levels of the event; and,

b)         the Civic Administration BE DIRECTED to report back with respect to the anticipated street closure details required for this event. 

Motion made by Councillor M. Salih and seconded by Councillor P. Hubert to Approve that clause 19 be amended to read as follows:

That the following actions be taken with respect to the request of Tourism London for exemptions from the Special Events Policies and Procedures related to the Canadian Country Music Awards events:

a)         the Civic Administration BE DIRECTED to bring forward a proposed amendment to By-law No. A.-7348-49 (Special Events Policies and Procedures) at a public participation meeting before the Community and Protective Services Committee on June 21, 2016 to permit exemptions from Section 13 of the Special Events Policies and Procedures to provide for extended hours of amplified sound for an outdoor stage from 11:00 PM to no later than 1:00 AM on September 9, 10 and 11, 2016 (following performances that commence on September 9 and 10, 2016); and

b)         the Civic Administration BE DIRECTED to report back with respect to the anticipated street closure details required for this event;

it being noted that the Municipal Council received a communication dated May 27, 2016, from Tourism London, revising their original request by removing the request for an exemption from section 13 on Thursday, September 8, 2016 and by removing their request for exemptions from section 13.2 and 13.3 of the Special Events Policies and Procedures pertaining to relief from the noise decibel and security deposit.

Motion Passed

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

Motion made by Councillor M. Salih and seconded by Councillor V. Ridley to Approve clause 19, as amended.

Motion Passed

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

13th Report of the Corporate Services Committee

Motion made by Councillor J. Morgan to Approve clauses 1 to 9, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Transfer of the Amelia Lucy Ronalds Little Trust Fund from Museum London to The Corporation of the City of London

That, on the recommendation of the Acting Director of Community and Economic Innovation, with the concurrence of the Director, Financial Services and the Solicitor II the following actions be taken with respect to the Amelia Lucy Ronalds Little Trust Fund (referred to as the Little Trust Fund):

a)         the Civic Administration BE DIRECTED to take all necessary steps to obtain an order under the Charities Accounting Act appointing The Corporation of the City of London as the Trustee for the Amelia Lucy Ronalds Little Trust Fund; and

b)         the Mayor and the City Clerk BE AUTHORIZED to execute any documentation, including without limitation to agreements with Museum London, in a form satisfactory to the Manager of Culture and the Director, Financial Services to give effect to the appointment of The Corporation of the City of London as the Trustee for the Amelia Lucy Ronalds Little Trust Fund.

3.

Industrial Land Development Strategy - Annual Monitoring and Pricing Report - City of London

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 following actions be taken with respect to the annual monitoring and pricing of City-owned industrial lands:

a)         to adjust the current pricing of City-owned industrial land from the following prices that were established April 1, 2014:

Pricing for serviced industrial land in Innovation Park, Skyway Industrial Park, River Road Industrial Park, and Cuddy Boulevard Parcels:

Lots up to 3.99 acres $75,000.00 per acre

4.00 acres and up $65,000.00 per acre

Pricing for serviced industrial land in Trafalgar Industrial Park:

            All lot sizes - $55,000.00 per acre;

b)        the 2016 Annual Monitoring and Pricing Report related the Industrial Land Development Strategy (ILDS) BE RECEIVED for information.

4.

2015 Investment Report (Relates to Bill No. 205)

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

a)         the 2015 Investment Report BE RECEIVED for information; and

b)         the attached revised proposed by-law to amend Council Policy 8(12) entitled “Investment Policy”, BE INTRODUCED at the Municipal Council meeting on May 31, 2016, to repeal and replace Council Policy 8(12) in order to include the position of Director of Financial Services under section 3.0 Delegation of Authority and Authorization.

5.

Update of Council Policies (Relates to Bill No. 206)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law attached as Appendix “A” to the staff report dated May 25, 2016 BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to repeal the following Council Policies as they are no longer applicable given current operational requirements and processes:

•           4(2) Ushers and Doormen during Orchestra Events

•           4(3) Erection of Risers for Orchestra Events

•           4(4) Moving of Equipment for Orchestra Events

•           4(5) Move-in/Move-out Charges for Orchestra London

•           4(11) London Convention Centre – Scheduling and Booking

6.

Councillor V. Ridley - Executive Summary of the Ontario Good Road Association Board of Directors Meeting

That the communication dated May 12, 2016, from Councillor V. Ridley, providing a summary of the Ontario Good Roads Association Board of Directors meeting held in Toronto, April 21-22, 2016, BE RECEIVED for information.

7.

Council Procedure By-law (Relates to Bill No. 207)

That the following actions be taken with respect to the Council Procedure By-law:

a)            the attached revised proposed by-law BE INTRODUCED at the Municipal Council meeting on May 31, 2016 for the purpose of repealing By-law No. A-45, the Council Procedure By-law, and replacing it with a new Council Procedure By-law to:

i)          incorporate changes recommended by the Governance Working Group;

ii)             incorporate minor housekeeping changes to clarify procedures to be followed at Council and Standing Committee meetings;

iii)            incorporate a further change recommended by the Corporate Services Committee to provide a definition for Committee Member and adjust any related references accordingly, for the purposes of further clarity;

iv)           enhance the openness and transparency of meetings; and

b)       the City Clerk BE REQUESTED to report back on an annual basis with respect to what changes, if any, might be in order to ensure the Council Procedure By-law continues to meet the needs of the Municipal Council.

8.

Standing Committee Agendas

That the City Clerk BE DIRECTED to make the necessary process changes to ensure that Standing Committee agenda items are clearly identified as either “Staff Report”, “Communication from Public” or “Communication from Council Member”, depending on the source of items on an agenda.

9.

Councillor J. Zaifman - Board of Directors - Association of Municipalities of Ontario

That the following actions be taken with respect to the Association of Municipalities of Ontario (AMO) Board of Directors:

a)         Councillor Zaifman BE ENDORSED to stand for election to the Association of Municipalities of Ontario (AMO) Board of Directors, Large Urban Caucus, for the 2016/2018 term;

b)         subject to his successful election, all associated costs to attend the Board of Directors meetings, AMO Conferences and other related commitments (Task Forces, Executive Committee, etc.) for the 2016/2018 term BE APPROVED for reimbursement by The Corporation of the City of London; and

c)         Councillor J. Zaifman BE REIMBURSED up to $500 for campaign-related expenses outside of his annual expense allocation, upon submission of eligible receipts.

9th Report of the Civic Works Committee

Motion made by Councillor J. Helmer to Approve clauses 1 to 11, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed. 

2.

5th Report of the Transportation Advisory Committee

That the 5th Report of the Transportation Advisory Committee, from its meeting held on May 3, 2016, BE RECEIVED.

3.

Increase in Engineering Fees - Southeast Pumping Station and Reservoir - Project No. EW3614

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to increasing the engineering fees for the Southeast Pumping Station and Reservoir Project (EW3614):

a)         the resident inspection and contract administration fees for AECOM Canada Ltd., BE INCREASED in the amount of $703,173.00 from $3,586,478.00, excluding H.S.T., to a revised total of $4,289,651.00, excluding H.S.T., for increased costs for resident inspection and contract administration for the Southeast Reservoir and Pumping Station Project (EW3614) due to a construction delay; it being noted that this request for increase in funds is within the existing funding allocation for the project;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 24, 2016 as Appendix "A";

c)         the consulting fees for the project BE APPROVED in accordance with the estimate on file, which are based upon the Fee Guideline for the 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; and,

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

it being noted that the Corporation previously entered into a formal contract with AECOM Canada Ltd. to undertake the resident inspection and contract administration of this project, and this work is an extension of that contract.  (2016-A05)

4.

Amendments to the Traffic and Parking By-law (Relates to Bill No. 215)

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 May 24, 2016 as Appendix 'A' BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 for the purpose of amending the Traffic and Parking By-law (P.S. 111).(2016-T08)

5.

Watermain Cleaning and Relining Renewal.

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the 2016 Watermain Cleaning and Lining program:

a)         the extension of the renewable contract with Fer-Pal Construction Limited, BE APPROVED at a valued of $5,263,357.31, excluding H.S.T.;

b)         the contract BE INCREASED by $472,000.00, excluding H.S.T., to complete additional work in accordance with the Procurement of Goods and Services Policy Clause 20.3;

c)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 24, 2016 as Appendix 'A';

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

it being noted that this is the last year of a three-year renewable contract, where the City has the sole discretion to renew the contract based on price and performance, and the additional work is to achieve acceptable fire flow at a critical location.  (2016-E08)

6.

Kilally South Stormwater Management Study Municipal Class Environmental Study Addendum

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Addendum to the Kilally South Stormwater Management Study Municipal Class Environmental Assessment (Kilally South EA):

a)         the preferred servicing alternative for the Kilally South EA BE ACCEPTED in accordance with the Municipal Class EA addendum process requirements; it being noted that the preferred servicing Alternative 6 for the West Basin identified in 2003 has been reviewed and is consistent with the current planning context;

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

c)         the Addendum to the Kilally South Stormwater Management Study Municipal Class EA Schedule ‘B’ BE PLACED on public record for a 30-day review period.  (2016-E03)

7.

Appointment of Consulting Engineer - Hyde Park Community Stormwater Servicing Environmental Assessment Addendum Consultant Appointment

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to appointment of a consultant for the Hyde Park Community Stormwater Servicing Environmental Assessment Addendum:

a)         AECOM Canada Ltd. BE APPOINTED to carry out the Hyde Park Community Stormwater Servicing Environmental Assessment Addendum in the total amount of $176,170.00, plus a further $22,072.00 for contingency, provisional items and allowance, excluding H.S.T.; in accordance with Section 15.2(g) of the Procurement of Goods and Services Policy;

b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 24, 2016 as Appendix 'A';

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

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.  (2016-A05)

8.

Appointment of Consulting Engineer for Contract Administration Services Associated with the Construction of 2016 Infrastructure Renewal Projects - William Street and Wellington Street Reconstruction, Ashland Avenue Reconstruction and Iroquois Avenue Reconstruction

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 following 2016 Infrastructure Renewal Projects; William Street and Wellington Streeet Reconstruction, Ashland Avenue Reconstruction and Iroquois Avenue Reconstruction:

a)         the following Consulting Engineering firms BE AUTHORIZED to carry out the contract administration services, including geotechnical services for the projects, at the upset amounts identified below, in accordance with the estimate on file, 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:

i)          William Street and Wellington Street Reconstruction: RV Anderson Associates Limited (RVA), in the amount of $177,100.00 including contingency, excluding H.S.T.;

ii)         Ashland Avenue Reconstruction: Stantec Consulting Ltd. (Stantec); in the amount of $190,047.00, including contingency, excluding H.S.T.;

iii)        Iroquois Avenue Reconstruction: Archibald, Gray & McKay Ltd. (AGM); in the amount of $207,452.30 including contingency, excluding H.S.T.;

b)         the financing for the work identified in a), above, BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 24, 2016 as Appendix ‘A’;

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

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the work to be done relating to these projects (William Street and Wellington Street Tender 16-03, Ashland Avenue Tender 16-17  and Iroquois Avenue Tender 16-28); and,

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other document, if required, to give effect to these recommendations.  (2016-A05)

9.

Elgin-Middlesex Pumping Station - Operation and Maintenance Services Agreement Review of Contract Term Extension

Thatt, on the recommendation of the Director, Water and Wastewater, the Civic Administration BE DIRECTED to notify the Ontario Clean Water Agency of the Municipal Council’s intent to review and consider extending the term of the current services agreement, undertake contract renewal negotiations with Partner Municipalities and, report back to the Municipal Council with recommendations with respect to the Services Agreement between Partner Municipalities and the Ontario Clean Water Agency for Contracted Operations at the Elgin-Middlesex Pumping Station.  (2016-A05)

10.

Appointment of Consulting Engineer - Long Term Solid Waste Resource Recovery and Disposal Plans

a)         Golder Associates Ltd. BE APPOINTED Consulting Engineers in the amount of $567,000.00, including 15% contingency, excluding H.S.T., in accordance with Section 15.2 (e) of the Procurement of Goods and Services Policy;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 24, 2016 as Appendix 'A';

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

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.  (2016-A05)

11.

Deferred Matters List

That the Civic Works Committee Deferred Matters List, as at May 17, 2016, BE RECEIVED.

12.

Rainbow Crosswalks

That the Civic Administration BE DIRECTED to create a rainbow crosswalk in advance of the 2016 Pride London festival, the location of which will be determined in consultation with Pride London; it being noted that the Municipal  Council received the attached communication from the Managing Director Engineering and Environmental Services & City Engineer with respect to this matter.

Motion Passed

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

15th Report of the Strategic Priorities and Policy Committee

1.

Disclosures of Pecuniary Interest

2.

Shift Rapid Transit – Business Case

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve that clause 2 be amended in part c) by deleting the word "future" and by replacing it with the word "potential".

Motion Passed

YEAS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park, J. Zaifman (10)

NAYS: M. Salih, J. Helmer, V. Ridley (3)

Motion made by Councillor M. Salih and seconded by Mayor M. Brown to Approve that clause 2 be amended by adding the following words at the end of the clause, “it being further noted that members of the Municipal Council present at the Council meeting held on May 31, 2016, unanimously supported rapid transit”. 

Motion Passed

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

Motion made by Councillor J. Helmer and seconded by Councillor J. Zaifman to Approve that clause 2 be further amended in part e) by adding the following works to the end of part e):  "subject to the increase of the per unit cost of buses and stations by $100,000 each."

Motion Failed

YEAS: M. Salih, J. Helmer, V. Ridley, J. Zaifman (4)

NAYS: M. Brown, M. van Holst, B. Armstrong, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (9)

Motion made by Councillor P. Hubert and seconded by Councillor J. Zaifman to Approve part a) of clause 2.

Motion Passed

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

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

Motion made by Councillor H.L. Usher and seconded by Councillor J. Morgan to Approve part b) of clause 2.

Motion Passed

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, P. Squire, J. Morgan, P. Hubert, A. Hopkins, H.L. Usher, T. Park (10)

NAYS: M. van Holst, V. Ridley, J. Zaifman (3)

Motion made by Councillor P. Hubert and seconded by Councillor J. Morgan to Approve the balance of clause 2, as amended.

Motion Passed

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

Motion made by Councillor H.L. Usher Approve clause 1.

Motion Passed

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

4th Report of the Audit Committee

1.

Disclosures of Pecuniary Interest

2.

Internal Audit Services

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to internal audit services for The Corporation of the City of London:

a)         the current model of outsourced internal audit services BE CONTINUED; and,

b)         the Civic Administration BE DIRECTED to develop a Request for Proposal for Internal Audit Services for approval at the June 13, 2016 meeting of the Audit Committee; it being understood that the Audit Committee can request that amendments or additional requirements be added to the original RFP document issued in 2010;

it being noted that the Audit Committee received the attached presentation from A.L. Barbon, Director, Financial Services.

3.

RFP 16-31 External Audit Services

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated May 30, 2016, regarding RFP 16-31 - External Audit Services, BE RECEIVED for information.

Motion Passed

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

10th Report of the Planning and Environment Committee

Motion made by Councillor P. Squire to Approve clauses 1 to 18, excluding clause 10.

1.

Disclosure of Pecuniary Interest

2.

6th Report of the Advisory Committee on the Environment

That the 6th Report of the Advisory Committee on the Environment from its meeting held on May 4, 2016, BE RECEIVED.

3.

Property located on a portion of 120 Gideon Drive (H-8524)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Johnston Brothers (Bothwell) Ltd., relating to a portion of the property located at 120 Gideon Drive, the proposed by-law appended to the staff report dated May 30, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 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 Resource Extraction (h-194*EX) Zone TO a Resource Extraction (EX) Zone.    (2016-D09)

4.

Property located at 905 Sarnia Road (39T-14501)

That, on the recommendation of the Manager, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and  905 Sarnia Inc., for the subdivision of land over Part of Lots 5, 6, 7 and 8, Registered Plan No. 38 (C) and part of the unnamed road allowance as shown on Registered Plan No. 48(C), City of London, (County of Middlesex), situated on the north side of Sarnia Road, between the Canadian Pacific Railway and Coronation Drive, all east of Hyde Park Road, municipally known as 905 Sarnia Road:

a)            the Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and 905 Sarnia Inc., for the 905 Sarnia Subdivision (39T-14501) appended to the staff report dated May 30, 2016 as Schedule “A”,  BE APPROVED;

b)            the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated May 30, 2016 as Schedule “B”,

c)            the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated May 30, 2016 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.   (2016-D12)

5.

Property located at 1602 Sunningdale Road West (39T-11503)

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the application of Foxwood Developments (London) Inc., relating to the property located at 1602 Sunningdale Road West:

a)            the Approval Authority BE ADVISED that the Municipal Council supports the granting of a three (3) year extension of the draft plan of subdivision, as submitted by Bob Stratford (File No. 39T-11503 prepared by AECOM Ltd, certified by David Bianchi, OLS (dated November 8, 2011), as redline revised which shows 18 low density residential blocks, six (6) medium density residential blocks, one (1) high density residential block, two (2) school blocks, two (2) park blocks, road widening blocks and various reserve blocks served by 14 new streets and the extension of Dyer Drive SUBJECT TO the conditions appended to the staff report dated May 30, 2016 as Schedule "39T-11503”; and,

b)            the applicant BE ADVISED that the Director, Development Finance has summarized claims and revenues appended to the staff report dated May 30, 2016 as Schedule “B”.   (2016-D12)

6.

Property located at 1551 Blackwell Boulevard (H-8507)

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of Sifton Properties Limited, relating to the property located at 1551 Blackwell Boulevard, the proposed by-law appended to the staff report dated May 30, 2016, BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 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 R1 (h*h-45*R1-4) Zone TO a Residential R1 (R1-4) Zone to remove the holding h and h-45 provisions.  (2016-D09)

7.

Building Division Monthly Report for March 2016

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

8.

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 May 11, 2016:

a)            the following actions be taken with respect to the Stewardship Sub-Committee Report:

i)              the property located at 21 Wharncliffe Road South (former Riverview School, now the London Children’s Museum) BE PLACED on the Register (Inventory of Heritage Resources); it being noted that the attached rationale supports the recommendation; and,

ii)             it BE NOTED that the Stewardship Sub-Committee minutes from its meeting held on April 27, 2016, were received;

b)            the following actions be taken with respect to the request for the demolition of a heritage listed property located at 4402 Colonel Talbot Road:

i)              notice BE GIVEN under the provision of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18, of Municipal Council’s intention to designate the north, west and south façade of the 1925 portion of the buildings located at 4402 Colonel Talbot Road to be of cultural heritage value or interest for the reasons appended to the Managing Director, Planning and City Planner's report dated May 11, 2016;

ii)             the Chief Building Official BE ADVISED of Municipal Council’s intention in this matter; and,

iii)            it BE NOTED that the London Advisory Committee on Heritage (LACH) heard delegations from Dr. Chawla, owner and D. Smith, S3AEC and Studio S3AEC and received the following communications with respect to this matter:

·                     dated May 5, 2016 from D. Smith, S3AEC and StudioS3AEC; and,

·                     dated February, 2016 from S3AEC and StudioS3AEC;

c)            on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the request for the demolition of a heritage listed property located at 5067 Cook Road:

i)              the Chief Building Official BE ADVISED that Municipal Council consents to the demolition of the building located at 5067 Cook Road; and,

ii)             the property located at 5067 Cook Road BE REMOVED from the Register (Inventory of Heritage Resources);

d)            clauses 1 to 6, 10 and 11 of the 6th Report of the London Advisory Committee on Heritage, BE RECEIVED;

it being noted that the Planning and Environment Committee heard a verbal delegation from D. Dudek, Chair, LACH, with respect to these matters. 

9.

6th Report of the Environmental and Ecological Planning Advisory Committee

That the following actions be taken with respect to the 6th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on May 19, 2016:

a)            the following actions be taken with respect to the Thames Valley Parkway North Branch Connection, Class EA: 

i)              the Thames Valley Parkway Working Group comments BE FORWARDED to the Civic Administration for consideration; and,

ii)             K. Moser and S. Madhavji, Environmental and Ecological Planning Advisory Committee, BE DIRECTED to request delegation status at the May 30, 2016 Planning and Environment Committee to speak on this matter; and,

iii)            the Environmental and Ecological Planning Advisory Committee Working Group comments relating to the Environmental Assessment BE PLACED on a future Planning and Environment Committee Agenda as well as Agenda of the appropriate Standing Committee reviewing the Environmental Assessment; and,

iv)           representatives of the Environmental and Ecological Planning Advisory Committee BE GRANTED delegation status when the Environmental Assessment is placed on the Agenda of the appropriate Standing Committee;

b)            clauses 1 to 8 and 10 to 17, BE RECEIVED;

it being noted that the Planning and Environment Committee received the attached presentation and heard a delegation from K. Moser, Member, EEPAC, with respect to these matters. 

11.

Property located at 4402 Colonel Talbot Road

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the request for the demolition of a heritage listed building located at 4402 Colonel Talbot Road:

a)            notice BE GIVEN under the provision 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 at 4402 Colonel Talbot Road to be of cultural heritage value or interest for the reasons appended to the staff report dated May 30, 2016 as Appendix D; and,

b)            the Chief Building Official BE ADVISED of the Municipal Council’s intention in this matter;

it being noted that the Planning and Environment Committee reviewed and received a communication dated May, 2016 from D.A. Smith, S3AEC + StudioS3AEC, with respect to this matter;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.  (2016-P10D/R01)

12.

Property located at 5067 Cook Road

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the request for the demolition of a heritage listed building located at 5067 Cook Road:

a)            the Chief Building Official BE ADVISED that the Municipal Council consents to the demolition of the building located at 5067 Cook Road; and,

b)            the property located at 5067 Cook Road BE REMOVED from the Register (Inventory of Heritage Resources);

it being pointed out that no individuals spoke at the public participation meeting associated with this matter.    (2016-P10D/R01)

13.

London Psychiatric Hospital Lands & South West Area Secondary Plans (O-8364/O-8370)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the City of London relating to the London Psychiatric Hospital Lands and the Southwest Area Secondary Plans:

a)            the attached, revised, proposed by-law (Appendix “C”) BE INTRODUCED at a future meeting of Municipal Council when the adoption of The London Plan is considered to:

i)              amend the London Psychiatric Hospital Lands Secondary Plan BY ADDING a paragraph to the end of Section 20.4.1.2 (Introduction – Purpose and Use) to explain why the policies of the Official Plan for the City of London (1989) have been added to the London Psychiatric Hospital Lands Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “D”;  and,

ii)             amend the London Psychiatric Hospital Lands Secondary Plan BY ADDING a new Section 20.4.8 (Official Plan Extracts – Policies) to add the required policies of the Official Plan for the City of London (1989) to the London Psychiatric Hospital Lands Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “D”;

b)            the attached, revised, proposed by-law (Appendix “E”) BE INTRODUCED at a future meeting of  Municipal Council when the adoption of The London Plan is considered to:

i)              amend the Southwest Area Secondary Plan BY ADDING a paragraph to the end of Section 20.5.1.2 (Introduction – Purpose and Use) to explain why the policies of the Official Plan for the City of London (1989) have been added to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”;

ii)             amend the Southwest Area Secondary Plan BY ADDING a new Appendix 4 Official Plan Extracts – Policies to Section 20.5.17 (Appendices – Supplementary Information) to add the required policies of the Official Plan for the City of London (1989) to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”; and,

iii)            amend the Southwest Area Secondary Plan BY ADDING an extract of Schedule “B-2” – Natural Resources and Natural Hazards to Section 20.5.17 (Appendix 1 Official Plan Extracts) to add the required schedule of the Official Plan for the City of London (1989) to the Southwest Area Secondary Plan appended to the staff report dated May 30, 2016 as Appendix “F”;

it being pointed out that no individuals spoke at the public participation meeting associated with this matter.    (2016-D09)

14.

Property located at 2397 Oxford Street West (Z-8608)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 2293683 Ontario Corp., relating to a portion of the property located at 2397 Oxford Street West, the proposed by-law appended to the staff report dated May 30, 2016 BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R1 (R1-14) Zone TO a Holding Residential R1 Special Provision (h-18*R1-14(  )) Zone;

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.   (2016-D09)

15.

Properties located at 551 and 555 Waterloo Street (Z-8599)

That the following actions be taken with respect to the application from Ryan Singh for Mystery Escape Rooms, relating to the property located at 551-555 Waterloo Street:

a)            the proposed by-law appended to the staff report dated May 30, 2016 BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to amend Zoning By-law Z.-1, (in conformity with the Official Plan), to change the zoning on a portion of the subject lands  FROM a Residential R3 Special Provision (R3-1(6)) Zone TO a Residential R3 Special Provision/Office Conversion (R3-2(6)/OC4); and,

b)            the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to change the zoning of the subject land to permit a ‘place of entertainment’ use and a reduction in the number of required parking spaces for the use, for a temporary period of up to 7 months as the applicant has indicated that the use will be relocated to a more appropriate location on December 31, 2016;

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.    (2016-D09)

16.

Properties located at 1733 Hamilton Road and 2046 Commissioners Road East (39T-15505/OZ-8555)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited, relating to the lands located at 1733 Hamilton Road and 2046 Commissioners Road East:

a)            the 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 draft plan of subdivision by Sifton Properties Limited relating to lands located at 1733 Hamilton Road and 2046 Commissioners Road East;

b)         the Approval Authority BE ADVISED that the Municipal Council supports the issuance of draft approval of the proposed plan of subdivision as submitted by Sifton Properties Limited, prepared by Development Engineering (London) Limited and certified by Bruce Baker, Ontario Land Surveyor (Drawing No. DEL13-123, dated April 25, 2016), as red line revised,  which shows 111 single family lots, two (2) medium density residential blocks, one (1) park block, one (1) walkway block, one (1) future access block, one (1) primary collector road, two (2) local streets, two (2) road widening blocks, and seven (7) 0.3 metre reserve blocks, SUBJECT TO the conditions appended to the staff report dated May 30, 2016 as Appendix “C” and the adopted Official Plan amendment coming into effect;

c)            the proposed by-law appended to the staff report dated May 30, 2016 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to amend the Official Plan for a portion of the lands located at 1733 Hamilton Road and 2046 Commissioners Road East to change the land use designations on Schedule ‘A’ – Land Use FROM “Neighbourhood Commercial Node”  and “Low Density Residential” TO “Multi-family, Medium Density Residential”; and, to remove the “Aggregate Resource Area” delineation on Schedule ‘B-2’ – Natural Resources and Natural Hazards;

d)         the proposed by-law appended to the staff report dated May 30, 2016 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in Part c) above), to change the zoning of the subject lands FROM an Urban Reserve (UR4) Zone TO a holding Residential R1 Special Provision (h•R1-2(  )) Zone, to permit single detached dwellings with a special provision for a maximum lot coverage of 50% for one (1) storey dwellings; a holding Residential R5/Residential R6 (h•h-54•R5-4/R6-5) Zone, to permit townhouses and stacked townhouses up to a maximum density of 40 units per hectare and maximum height of 12 metres and various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouse, stacked townhouse, and apartment buildings up to a maximum density of 35 units per hectare and maximum height of 12 metres and to an Open Space Special Provision (OS1(3)) Zone, to permit conservation lands, recreational uses, public and private parks together with a holding (h) provision to ensure adequate provision of municipal services and that a subdivision agreement or development agreement is entered into and a holding (h-54) provision to ensure completion of noise assessment reports and implementation of mitigation measures for development adjacent arterial roads; and,

e)         the Land Use Concept for the Old Victoria Area Plan BE MODIFIED by:

i)              changing the land use designations at the northwest quadrant of Hamilton Road and the Primary Collector from “Neighbourhood Commercial” and “Low Density Residential” to “Medium Density Residential”; and,

ii)             the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated May 30, 2016 as Appendix "D";

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. (2016-D09/D12)

17.

Zoning By-law Amendment - Amplified Music on Patios

That the Civic Administration BE DIRECTED to proceed with a City initiated Zoning By-law Amendment to, notwithstanding the regulations set out in section 4.18 5) of Zoning By-law Z-1, as amended, permit amplified music and dancing on existing outside patios in the Downtown Business Improvement Area and the Old East Village, for the period of August 1 to September 30, 2016.  (2016-D14)

18.

Bill 140

That the communication received from Ben Lansink, 505 Colborne Street with respect to Bill 140 BE RECEIVED.  (2016-D09)

Motion Passed

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

10.

Property located at 1931 Jubilee Crescent (39T-16501/Z-8589)

That, on the recommendation of the Planner II, Development Services, the following actions be taken with respect to the application of Drewlo Holdings Inc., relating to the property located at 1931 Jubilee Crescent:

a)            the proposed by-law appended to the staff report dated May 30, 2016 as Appendix "C", BE INTRODUCED at the Municipal Council meeting to be held on May 31, 2016 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Compound Neighbourhood Facility (NF)/Residential R1 Special Provision (R1-3(4)) Zone, which permits uses such as places of worship, elementary schools and day care centres, single detached dwellings with a minimum lot frontage of 10.0 metres, a minimum lot area of 300m², with special provisions to permit interior side yard depths of 1.2 metres, front yard and exterior side yard setbacks of 3 metres (local street)/4.5 metres (secondary collectors) for the main dwelling, and front yard and exterior side yard setback of 6 metres for garages TO a Residential Residential R1 Special Provision (R1-3(4)) Zone, to delete the Neighbourhood Facility Zone; it being noted that; it has been determined that the subject property is not required for municipal purposes;

b)            the Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to the application by Drewlo Holdings Inc. for draft plan of subdivision relating to the property located 1931 Jubilee Crescent, issues were raised with respect to increased traffic and construction concerns;

c)            the Approval Authority BE ADVISED that the Municipal Council supports  the issuance of draft approval of the proposed plan of residential subdivision, as submitted by Drewlo Holdings Inc. (File No. 39T-16501, prepared by Archibald, Gray and MacKay LTD., certified by Bruce Baker, OLS, which shows 73 single detached lots, all served by Blackacres Boulevard and Jubilee Crescent (a secondary collector road and local road), and 2 new local roads, SUBJECT TO the conditions appended to the staff report dated May 30, 2016 as Appendix "B"; and,

d)            the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated May 30, 2016 as Appendix "D";

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.    (2016-D09)

Motion Passed

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

13th Report of the Committee of the Whole

Motion made by Councillor P. Hubert and seconded by Councillor V. Ridley to Approve that it BE NOTED that progress was made on the following in camera matters:

a)

A matter pertaining to Litigation currently before the Superior Court of Justice, Court files No. 7132/12, 8922/12, 1235/13, 1294/13, 2438/15 affecting the municipality; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C1/9/CWC)

b)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one of 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. (C1/13/CSC)

c)

(ADDED) a matter pertaining to an employment-related matter, labour relations and employee negotiations, including communications necessary for that purpose.

Motion Passed

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

X

DEFERRED MATTERS

XII

EMERGENT MOTIONS

Motion made by Councillor T. Park and seconded by Councillor J. Helmer to Approve that pursuant to section 19.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion to accept Councillor Cassidy’s withdrawal from standing for election to the Federation of Canadian Municipalities’ (FCM) Board of Directors and her request for Council to endorse another Member of Council to stand for election to the FCM’s Board of Directors.

Motion Passed

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

Motion made by Councillor M. Salih and seconded by Councillor T. Park to Approve that the following actions be taken with respect to the Federation of Canadian Municipalities’ Board of Directors:

a)         the attached communication dated May 30, 2016, from Councillor M. Cassidy, requesting  Municipal Council’s acceptance of her withdrawal from standing for election to the Federation of Canadian Municipalities’ Board of Directors BE ACCEPTED; and

b)         the following resolution BE ADOPTED:

“WHEREAS the Federation of Canadian Municipalities (FCM) represents the interests of municipalities on policy and program matters that fall within federal jurisdiction;

WHEREAS FCM’s Board of Directors is comprised of elected municipal officials from all regions and sizes of communities to form a broad base of support and provide FCM with the prestige required to carry the municipal message to the Federal Government; and

WHEREAS FCM’s Annual Conference and Trade Show will take place from June 3 to 5, 2016, during which time the Annual General Meeting will be held and followed by the election of FCM’s Board of Directors;

BE IT RESOLVED that Council of the City of London endorse Councillor T. Park to stand for election on FCM’s Board of Directors for the period starting in June 2016 and ending June 2017; and

BE IT FURTHER RESOLVED that Council assumes all costs associated with Councillor Park attending FCM’s Board of Directors meetings.”; it being noted that the Board of Directors meetings include September 13 - 16, 2016 – Oakville, ON; November 22 - 25, 2016 – Ottawa, ON; March 14 - 17, 2017 – Whistler, BC; and the Annual Conference & AGM    - June 2 - 4, 2017 – Ottawa, ON”; and

c)         Councillor T. Park BE REIMBURSED by The Corporation of the City of London, outside her annual expense allocation, for her campaign expenses in seeking election to the Board of Directors, in an amount of up to $500, upon submission of eligible expenses.

Motion Passed

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

Motion made by Councillor J. Helmer and seconded by Councillor V. Ridley to Approve that pursuant to section 19.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion to receive the May 31, 2016 letter from Councillor S. Turner advising of his resignation from the Board of the Middlesex-London Health Unit.

Motion Passed

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

Motion made by Councillor J. Helmer and seconded by Councillor P. Hubert to Approve that the attached letter from Councillor S. Turner, dated May 31, 2016, advising of his resignation from the Board of the Middlesex-London Health Unit, BE ACCEPTED.

Motion Passed

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

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 J. Helmer to Approve Introduction and First Reading of Bill No.s 205 to 226, excluding Bill No. 222.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Second Reading of Bill No.s 205 to 226, excluding Bill No. 222.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor T. Park to Approve Third Reading and Enactment of Bill No.s 205 to 226, excluding Bill No. 222.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Introduction and First Reading of Bill No. 222.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor J. Helmer to Approve Second Reading of Bill No. 222.

Motion Passed

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

Motion made by Councillor H.L. Usher and seconded by Councillor J. Helmer to Approve Third Reading and Enactment of Bill No. 222.

Motion Passed

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

Bill No. 204

By-law No. A.-7406-157

A by-law to confirm the proceedings of the Council Meeting held on the 31st day of May, 2016. (City Clerk)

Bill No. 205

By-law No. A.-7407-158

A by-law to repeal and replace Council Policy 8(12) entitled “Investment Policy”. (4/13/CSC)

Bill No. 206

By-law No. A.-7408-159

A by-law to repeal Council Policies  4(2) Ushers and Doormen during Orchestra Events, 4(3) Erection of Risers for Orchestra Events, 4(4) Moving of Equipment for Orchestra Events, 4(5) Move-in/Move-out Charges for Orchestra London,  and 4(11) London Convention Centre – Scheduling and Booking. (5/13/CSC)

Bill No. 207

By-law No. A-50

REVISED

A by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London, and to repeal By-law A-45 being, “A by-law to provide for the Rules of Order and Procedure for the Council of The Corporation of the City of London” and all of its amendments. (7/13/CSC)

Bill No. 208

By-law No. A.-7409-160

A by-law to approve demolition of an abandoned building with municipal address of 529 Philip Street under the Property Standards provisions of the Building Code Act. (4/7/CPSC)

Bill No. 209

By-law No. A.-7410-161

A by-law to approve the Master Purchase Agreement with Intergraph Canada Ltd. doing business as Hexagon Safety & Infrastructure for the supply and installation of various Software Products and other services to be purchased under a Purchase Order; and to authorize the Mayor and the City Clerk to execute the Agreement. (5/7/CPSC)

Bill No. 210

By-law No. A.-7411-162

A by-law to approve the Community Policing Partnerships (CPP) Program and to authorize the Mayor and the City Clerk to execute the Agreement. (9/7/CPSC)

Bill No. 211

By-law No. A.-7412-163

A by-law to approve the Safer Communities – 1,000 Officers Partnership Program and to authorize the Mayor and the City Clerk to execute the Agreement. (10/7/CPSC)

Bill No. 212

By-law No. A.-7413-164

A by-law to repeal and replace Council Policy 1(10) entitled “Diversity, Race Relations and Inclusivity Award”. (11/7/CPSC)

Bill No. 213

By-law No. A.-7414-165

A by-law to approve the London Hydro Form of Connection Agreement for a Small or a Mid-sized Embedded Generation Facility for the purpose of rendering the combined heat and power system at the Canada Games Aquatic Centre approved for operation; and to authorize the Mayor and City Clerk to act on behalf the City of London and execute the Agreement. (13/7/CPSC)

Bill No. 214

By-law No. A.-7415-166

A by-law to approve a renewal agreement between The Corporation of the City of London and Extendicare (Canada) Inc. for the provision of consulting services and administrator services to the Dearness Home. (14/7/CPSC)

Bill No. 215

By-law No. PS-111-16152

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”, and to repeal By-law PS-111-16150 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London”. (4/9/CWC)

Bill No. 216

By-law No. S.-5803-167

A by-law to assume certain works and services in the City of London. (Cedar Hollow Subdivision – Phase 1, Stage 1; 33M-580) (City Engineer)

Bill No. 217

By-law No. S.-5804-168

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Richmond Street, south of Hillview Boulevard) (for road widening purposes on 1653 Richmond Street registered as Instrument No. ER1040120 on May 6, 2016 pursuant to Site Plan SP15-001717 and in accordance with Zoning By-law Z-1) (Chief Surveyor)

Bill No. 218

By-law No. S.-5805-169

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Paulpeel Avenue). (Plan of Subdivision requires a 0.3m Reserve on the abutting Plan, being 33M-625, to be dedicated as public highway for unobstructed legal access throughout the Subdivision) (Chief Surveyor)

Bill No. 219

By-law No. C.P.-1284(sk)-171

A by-law to amend the Official Plan for the City of London, 1989 relating to lands located at 1733 Hamilton Road and 2046 Commissioners Road East. (15/10/PEC)

Bill No. 220

By-law No. Z.-1-162476

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 120 Gideon Drive. (3/10/PEC)

Bill No. 221

By-law No. Z.-1-162477

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for lands located at 1551 Blackwell Boulevard. (6/10/PEC)

Bill No. 222

By-law No. Z.-1-162478

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1931 Jubilee Crescent. (10/10/PEC)

Bill No. 223

By-law No. Z.-1-162479

A by-law to amend By-law No. Z.-1 to rezone a portion of an area of land located at 2397 Oxford Street West. (14/10/PEC)

Bill No. 224

By-law No. Z.-1-162480

A by-law to amend By-law No. Z.-1 to rezone a portion of an area of land located at 551-555 Waterloo Street. (15/10/PEC)

Bill No. 225

By-law No. Z.-1-162481

A by-law to amend By-law No. Z.-1 to rezone lands located at 1733 Hamilton Road and 2046 Commissioners Road East. (16/10/PEC)

Bill No. 226

By-law No. Z.-1-162482

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 551-555 Waterloo Street. (15b/10/PEC)

XIV

ADJOURNMENT