Council

MINUTES

1ST MEETING

December 8, 2015

The Council meets in Regular Session in the Council Chambers this day at 4:00 PM.

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

ALSO PRESENT:  A Zuidema, J.P. Barber, J. Braam, N. Carbert, T. Corbett (Advocates LLP), B. Coxhead, S. Crawford, S. Datars Bere, K. Dawtrey, J.M. Fleming,  A. Hagan, K Huner, G. Kotsifas, V. McAlea Major, D. O’Brien, L. Palarchio, R. Pedlow, M. Ribera, L.M. Rowe, S. Sharma, C. Smith, J. Stanford, A. Vandervoort, B. Warner, B. Westlake-Power.

At the beginning of the Meeting all Members are present, except Councillors V. Ridley, S. Turner, H.L. Usher and J. Zaifman.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor B. Armstrong discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 2nd Report of the Corporate Services Committee having to do with a matter pertaining to personal matters, including information regarding identifiable individuals, including current and former municipal employees, with respect to employment-related matters; labour relations and employee negotiations; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege; and advice or recommendations of officers and employees of the Corporation,  including communications necessary for that purpose.

Councillor P. Hubert discloses a pecuniary interest in clause 8 of the 1st Report of the Corporate Services Committee, having to do with the Tax Adjustment Agenda, by indicating that he is the Executive Director of Pathways who is the registered owner of one of the properties that was vacant at that time.

Councillor J. Morgan discloses a pecuniary interest in clause 6 of the 2nd Report of the Strategic Priorities and Policy Committee having to do with London Medical Innovation and Commercialization Network, by indicating that he is employed by Western University.  Councillor J. Morgan further discloses a pecuniary interest in clause 7 of the 2nd Report of the Strategic Priorities and Policy Committee having to do with London Medical Innovation and Commercialization Network, by indicating that he is employed by Western University.  Councillor J. Morgan also discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 2nd Report of the Strategic Priorities and Policy Committee having to do with a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the London Medical Innovation and Commercialization Network Contribution Agreement.

Councillor J. Zaifman discloses a pecuniary interest in clause 5 of the 1st Report of the Corporate Services Committee having to do with City of London Days at the Budweiser Gardens.  Councillor J. Zaifman further discloses a pecuniary interest in clause 12 of the 1st Report of the Civic Works Committee.

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

1.

1st Report of the Strategic Priorities and Policy Committee

2.

2nd Report of the Strategic Priorities and Policy Committee

3.

2nd Report of the Corporate Services Committee

IV

RECOGNITIONS

1.

His Worship the Mayor presents a plaque for the Economic Leadership Award to Autodata.

2.

His Worship the Mayor presents the Diversity, Race Relations and Inclusivity Awards to the following recipients:  Ability First Coalition for the Tuesdays at Ten program;  South West Local Health Integration Network and Southwest Ontario Aboriginal Health Access Centre for the Indigenous Cultural Safety Online Training Program for Health Care Providers;  London Committee for Cross Cultural Arts for Sunfest; Muslim Resource Centre for Social Support and Integration for the Muslim Family Safety Program; and At^lohsa Native Family Healing Services for and Kizhaay Anishinaabe Niin.

V

COMMITTEE OF THE WHOLE, IN CAMERA

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

a)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C1/1/CSC)

b)

A matter pertaining to labour relations and employee negotiations as it relates to the Corporations’ Associations or Unions, including communications necessary for that purpose. (C2/1/CSC)

c)

A matter pertaining to personal matters, including information regarding an identifiable individual, including a municipal employee, with respect to employment related matters, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C1/26/SPPC)

d)

(ADDED) A matter pertaining to an educational or training session for Council Members in accordance with Section 239 (3.1) of the Municipal Act, 2001. (C1/1/SPPC)

e)

(ADDED) A matter pertaining to personal matters, including information regarding identifiable individuals, including current and former municipal employees, with respect to employment-related matters; labour relations and employee negotiations; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege; and advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose. (C1/2/CSC)

f)

(ADDED) A matter pertaining to personal matters, including information regarding an identifiable individual, including a municipal employee, with respect to employment-related matters; advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation. (C2/2/SPPC)

g)

(ADDED) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the London Medical Innovation and Commercialization Network Contribution Agreement. (C1/2/SPPC)

h)

(ADDED) A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose as it relates to the Truth and Reconciliation Commission Report. (C3/2/SPPC)

Motion Passed

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

The Council rises and goes into the Committee of the Whole, in camera, at 4:24 PM, with Mayor M. Brown in the Chair and all Members present, except Councillor V. Ridley.

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE THIRTIETH MEETING HELD ON NOVEMBER 24, 2015

Motion made by Councillor J. Morgan and seconded by Councillor H.L. Usher to Approve the Minutes of the 30th Meeting held on November 24, 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

Motion made by Councillor M. Cassidy and seconded by Councillor J. Helmer to Approve referral of the following communications, as noted on the Council Agenda:

1.

B.A. Vazquez, By E-mail - Draft McCormick Area Secondary Plan (OZ-7601) (Refer to the Planning and Environment Committee stage for consideration with clause 2 of the 26th Report of the Planning and Environment Committee.)

2.

(ADDED) J. Hoffer, Cohen Highley Lawyers - Secondary Dwelling Units (OZ-8053) (Refer to the Planning and Environment Committee stage for consideration with clause 4 of the 26th Report of the Planning and Environment Committee.)

Motion Passed

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

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

1st Report of the Civic Works Committee

Motion made by Councillor J. Helmer to Approve clauses 1 to 18, excluding clauses 8, 9, 12 and 13.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Election of Vice-Chair for the term ending November 30, 2016.

That Councillor M. van Holst BE ELECTED Vice-Chair of the Civic Works Committee for the term ending November 30, 2016.

3.

10th Report of the Cycling Advisory Committee

That the 10th Report of the Cycling Advisory Committee, from its meeting held on November 17, 2015, BE RECEIVED.

4.

6th Report of the Transportation Advisory Committee

That the 6th Report of the Transportation Advisory Committee, from its meeting held on November 3, 2015, BE RECEIVED.

5.

3rd Report of the LTC Long Term Growth Report Working Group

That the 3rd Report of the LTC Long Term Growth Report Working Group, from its meeting held on November 18, 2015, BE RECEIVED.

6.

Proposed Street Encroachment Policy

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed Street Encroachment Policy, appended to the staff report dated December 1, 2015 to:

a)         govern the application and approval procedure for the authorization of encroachments onto municipal streets and road allowances;

b)         delegate to the City Engineer the authority to approve or reject applications, authorize encroachments and terminate existing Encroachment Agreements on streets and road allowances within the City of London; and,

c)         update the fees and charges relating to Encroachment Agreements;

 BE REFERRED to a future meeting of the Civic Works Committee for public consultation.  (2015-D16)

7.

Supply and Delivery of Light Duty Replacement Vehicles

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and delivery of light duty replacement vehicles:

a)         the proposal submitted by Mt. Brydges Ford Sales Ltd., for the supply and delivery of light duty vehicles, BE ACCEPTED for a three (3)-year term with an option to extend the contract for two (2) additional, one-year terms at the sole discretion of the City;

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

c)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order, or contract record relating to the subject matter of this approval.

10.

Flooding Matters Work Plan Proposal

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed work plan for investigation of flooding causes and recommended remedial actions BE APPROVED; it being noted that the Civic Works Committee heard the attached presentation from J. Lucas, Director, Water and Wastewater and R. Pedlow, Division Manager, Sewer Operations, with respect to this matter. (2015-E05)

11.

Supply and Delivery of Pre-Wetting and Anti-Icing Liquids for Road Surfaces

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and delivery of pre-wetting and anti-icing liquids for road surfaces:

a)         the tendered price submitted by Pollard Highway Products, for the supply and delivery of pre-wetting and anti-icing liquids for road surfaces, at their estimated annual price of $187,500.00, excluding H.S.T., for a one (1) year period with the option to renew annually up to four (4) additional years, BE ACCEPTED; it being noted that this is being reported as an irregular bid as per Purchasing Policy, Section  19.4 c), since only one (1) bid was received for this tender;

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 BE GIVEN conditional upon the Corporation entering into a formal contract relating to the subject matter of this approval.  (2015-F18)

14.

Sarnia Road Improvements Phase 3 - Hyde Park Road to Oakcrossing Gate - Detailed Design -  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 Sarnia Road Improvements Phase 3 Project:

a)         AECOM Canada Ltd., BE APPOINTED Consulting Engineers to complete the detailed design of the said project in the amount of $170,874.00, 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 December 1, 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)

15.

Veterans Memorial Parkway North Extension - Huron Street to Clarke Road - Detailed Design - 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 Veterans Memorial Parkway North Extension from Huron Street to Clarke Road:

a)         Stantec Consulting Limited BE APPOINTED Consulting Engineers for the detailed design of the said project, in the amount of $408,359.60, excluding H.S.T., in accordance with Section 15.2 (e) 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 December 1, 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)

16.

Kindness Meters

That, on the recommendation of the Managing Director, Development and Compliance Services, the Civic Administration BE DIRECTED to dispose of 5 surplus parking meters, at no cost to Downtown London, for the sole purpose of implementing Kindness Meters as a pilot program; it being noted that the disposition is in accordance with Section 7. b. iv. of Schedule “E” of the City of London’s Procurement of Goods and Services Policy.  (2015-T02)

17.

9th Report of the Cycling Advisory Committee

That the 9th Report of the Cycling Advisory Committee, from its meeting held on October 22, 2015, BE RECEIVED.

18.

Deferred Matters List

That the Civic Works Committee Deferred Matters List, as at November 10, 2015, BE RECEIVED.

8.

Appointment of Consultant for Environmental Assessment, Design, and Contract Administration for the Colonel Talbot Pumping Station and Sanitary Servicing Works

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the assignment of consulting services for the Environmental Assessment, Design and Contract Administration for the Colonel Talbot Pumping Station & Sanitary Servicing works:

a)         Stantec Consulting Ltd. BE APPOINTED Consulting Engineers in the amount of $872,468.40, including 20% contingency, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (e) of the City of London’s Procurement of Goods and Services Policy;

b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report included on the Added Agenda as Item 8 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; 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)

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)

9.

Red Light Camera Program Update

That, on the recommendation of the Director, Roads and Transportation, the implementation of the Red Light Camera Enforcement Program BE DEFFERED until more information is available from the Province of Ontario with respect to fine administration.  (2015-T08)

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)

12.

Appointment of Consulting Engineers for Design and Construction of Stormwater Management Facilities

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 Consulting Engineers for the 2015 Stormwater Management Facility (SWMF) Design and Construction Program in accordance with the 2016 Growth Management Implementation Strategy (GMIS):

a)         Stantec Consulting Ltd. BE APPOINTED Consulting Engineers to complete the Functional Design, Detailed Design, Inspection and General Construction Administration of the North Lambeth P9 SWMF (ESSWM-DCNLP9), in the total amount of $427,165.00, plus an additional $136,042.00 for contingency, provisional items and allowances, excluding H.S.T.;

b)          Development Engineering (London) Limited  BE APPOINTED Consulting Engineers to complete the Functional Design, Detailed Design, Inspection and General Construction Administration of the Parker SWMF (ESSWM-PKR), in the total amount of $530,660.00, plus an additional $160,256.00 for contingency, provisional items and allowances, excluding H.S.T.;

c)         IBI Group Inc  BE APPOINTED Consulting Engineers to complete the Functional Design, Detailed Design, Inspection and General Construction Administration of the Pincombe Drain SWMF 3 (ESSWM-PD3), in the total amount of $365,060.00, plus an additional $102,706.00 for contingency, provisional items and allowances, excluding H.S.T.;

d)         MTE Consultants Inc. BE APPOINTED Consulting Engineers to complete the Detailed Design, Inspection and General Construction Administration of the Stoney Creek SWMF No. 2 (ESSWM-SC2), in the total amount of $209,608.00,  plus an additional $85,249.00 for contingency, provisional items and allowances, excluding H.S.T.;

it being noted that the consulting fees for the projects identified in a) through d) above, are in accordance with the estimates on file, which are based upon the Fee Guideline for Professional Engineering Services, 2015, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (e) of the Procurement of Goods and Services Policy;

e)         the financing for these works BE APPROVED in accordance with the Sources of Financing Report included on the Added Agenda as Item 12 a);

f)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these works;

g)         the approvals given herein BE CONDITIONAL upon the Corporation entering into formal contracts with these consultants for the works; and,

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

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 (14)

RECUSED: J. Zaifman (1)

13.

Bradley Avenue West Extension - Wharncliffe Road South to Wonderland Road South - Detailed Design - 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 Bradley Avenue Extension from Wharncliffe Road South to Wonderland Road South:

a)         Archibald, Gray & McKay Engineering Ltd. BE APPOINTED Consulting Engineers to complete the detailed design of the said project in the amount of $364,452.00, 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 December 1, 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)

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)

26th Report of the Planning and Environment Committee

Motion made by Councillor P. Hubert to Approve clauses 1 and 2.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Draft McCormick Area Secondary Plan (OZ-7601) (Relates to Bill No. 3)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the McCormick Area Secondary Plan:

a)         the McCormick Area Secondary Plan appended to the staff report dated November 26, 2015, as Schedule 2 BE ADOPTED;

b)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend the Official Plan to:

i)          amend Chapter 20 – Secondary Plans BY ADDING “McCormick Area Secondary Plan” to the list of Secondary Plans adopted by the Municipal Council in Section 20.2 i) of the Official Plan for the City of London;

ii)         amend Chapter 20 – Secondary Plans BY ADDING Section 20.8 – McCormick Area Secondary Plan to the Official Plan for the City of London; and,

iii)         ADD the naming and delineation of the “McCormick Area Secondary Plan” to Schedule “D” – Planning Areas; and,

c)         the Civic Administration BE DIRECTED to initiate the required Zoning By-law amendments to implement the McCormick Area Secondary Plan; it being noted that the Zoning By-law Amendments will be presented at a  public participation meeting at a future meeting of the Planning and Environment Committee;

it being pointed out that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter:

•           a communication dated September 11, 2015, from B. Brock, by e-mail;

•           a communication from M. Whalley, ACO London Region; and,

•           a communication dated November 23, 2015, from S.T. Merritt, Old East Village Business Improvement Area;

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 in connection therewith.   (2015-D09)

3.

Property located at 1156 Dundas Street (OZ-8489) (Relates to Bill No. 4 and Bill No. 15)

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, Realty Services Division, relating to the property located at 1156 Dundas Street:

a)         the proposed by-law appended to the staff report dated November 26, 2015 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend the Official Plan to change the designation of the subject lands FROM a General Industrial and Low Density Residential designation TO Main Street Commercial Corridor and Multi-Family, Medium Density Residential designation; and, TO amend Chapter 10 of the Official Plan (Policies for Specific Areas) to add a site-specific policy;

b)         the attached, revised, proposed by-law (Appendix "B") BE INTRODUCED at the Municipal Council meeting to be held on December 8, 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 FROM a General Industrial (GI1) Zone TO a Holding Residential R1 (h-67•h-(*)•h-(**)•h-(****)•R1-2) Zone, a Holding Residential R6 Special Provision (h-5•h-67•h-120•h-149•h-(**)•h-(***)•h-(****)•R6-5(_)) Zone, a Holding Residential R6 Special Provision (h-5•h-67•h-120•h-149•h-(**)•h-(***)•h-(****)•R6-5(_)•H15) Zone, a Holding Business District Commercial Special Provision (h-5•h-67•h-120•h-149•h-(***)•h-(****)•BDC2(_)•D150• H35) Zone and an Open Space (OS1) Zone;

c)         the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the Site Plan approval process:

i)          the inclusion of environmentally sustainable and energy efficient technologies as recommended in the proposed McCormick Area Secondary Plan; and,

ii)         the implementation of the Urban Design Guidelines, as appended to the staff report dated November 26, 2015 as Schedule “2” to Appendix 'B', the By-law to amend By-law No. Z.-1 to rezone an area of land located at 1156 Dundas Street; and,

d)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the amendments were minor in nature and were in accordance with the public notice;

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 in connection therewith. (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, S. Turner, H.L. Usher, T. Park, J. Zaifman (15)

4.

Secondary Dwelling Units (OZ-8053) (Relates to Bill No. 5 and Bill No. 16)

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 an Official Plan Amendment to introduce new city-wide policies relating to secondary dwelling units and a Zoning By-law Amendment to introduce regulations related to secondary dwelling units:

a)         the proposed by-law appended to the staff report dated November 26, 2015 as Appendix "A" BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend the City of London Official Plan to update secondary dwelling unit polices in accordance with changes to the Planning Act;

b)         the attached, revised, proposed by-law (Appendix "B") BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend the City of London Zoning By-law Z.-1, (in conformity with the Official Plan, as amended in part a) above), to provide secondary dwelling unit regulations in accordance with changes to the Planning Act, R.S.O. 1990;

c)         the Civic Administration BE DIRECTED to implement required changes to the Residential Rental Unit Licensing By-law to address Secondary Dwelling Unit uses;

d)         the policies for Secondary Dwelling Units BE INCORPORATED into the final draft of The London Plan; and,

e)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN as the amendments were minor in nature and were in accordance with the public notice;

it being pointed out that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter:

•           a communication from B. Lansink, by e-mail;

•           a communication from D. Hinschberger, 430 Lawson Road; and,

•           a communication dated November 23, 2015, from K. Hale, Advocacy Centre for Tenants Ontario;

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 made by Councillor P. Squire and seconded by Councillor M. Cassidy to Approve that clause 4 of the 26th Report of the Planning and Environment Committee (PEC) regarding secondary dwelling units BE REFERRED back to the Civic Administration to be considered and reported back on as part of the Great-Near Campus Neighbourhoods Strategy Review currently being undertaken; it being noted that the Civic Administration should include in the Review, consideration of issues related to secondary dwelling units and the potential “grandfathering” of existing units that may have been created without a building permit, but could meet the zoning, building and fire code regulations being proposed for the secondary dwelling units.

Motion Passed

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

NAYS: B. Armstrong (1)

27th Report of the Planning and Environment Committee

Motion made by Councillor P. Hubert to Approve clauses 1 to 5, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

13th Report of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 13th Report of the London Advisory Committee on Heritage from its meeting held on November 11, 2015:

a)         the Civic Administration BE ADVISED that the London Advisory Committee on Heritage (LACH) reviewed the Notice of Revised Application dated October 28, 2015, from M. Davis, Planner II, with respect to an application from the Corporation of the County of Middlesex relating to the property located at 50 King Street, and reiterated the previous comment from the LACH from its meeting held on July 9, 2014, which read:

“That the London Advisory Committee on Heritage (LACH) reviewed and received a Notice dated June 18, 2014, from B. Turcotte, Senior Planner, with respect to an application submitted by The Corporation of the County of Middlesex relating to the property located at 50 King Street. The LACH expressed concern about the impact of the proposed amendment on Heritage buildings within and surrounding the site, recognizing that the site falls within the Downtown Heritage Conservation District and near the Forks of the Thames; it being noted that the LACH looks forward to receiving the Heritage Impact Assessment for this area”;

b)         the following actions be taken with respect to the Heritage Alteration Permit Application for the property located at 89 York Street:

i)          consistent with the Delegated Authority By-Law (By-Law No. C.P.-1502-129), and as recommended by the London Advisory Committee on Heritage (LACH), the alterations to the designated property located at 89 York Street, within the Downtown Heritage Conservation District, BE PERMITTED by the City Planner, with the following terms and conditions:

A)           the final drawings submitted for Site Plan approval and Building Permit be consistent with the features described in this proposal included in the staff report dated November 11, 2015, to the satisfaction of the City Planner; and,

B)        the display of a Heritage Alteration Permit be placed in a location visible from the street during the construction of the structure; and,

ii)         the Civic Administration BE ADVISED that the LACH expressed the following comments with respect to this matter:

A)        given the location of the site and the relatively low proposed height and small lot area, the LACH supports the Heritage Alteration Permit application; and,

B)        the LACH received and concurred with the Heritage Impact Statement dated October 26, 2015, prepared by Kirkness Consulting;

            it being noted that the LACH reviewed and received the Heritage Impact Statement and heard verbal delegations from L. Kirkness, Kirkness Consulting Inc., E. Lui, Jing for Jing and E. Poletti, Architect Inc., with respect to this matter; it being further noted that the LACH was impressed with the thoroughness of the Heritage Impact Statement and more specifically found “Table 1 – Proposed Development Design Response to HCD Plan Guidelines” helpful in understanding the decision making process;

c)         the Civic Administration BE ADVISED that the London Advisory Committee on Heritage (LACH) indicated its support of the proposed HER Zone as outlined in the Heritage Impact Assessment (HIA) dated October 27, 2015, prepared by ERA Architects Inc., for the properties located at 179-181 and 183 King Street; it being noted that the LACH acknowledged the thoroughness of the HIA;

d)         consistent with the Delegated Authority By-law (By-law No. C.P.-1502-129), and as recommended by the London Advisory Committee on Heritage, the alterations to the heritage designated properties located at 515 and 517 Princess Avenue, within the East Woodfield Heritage Conservation District, BE PERMITTED, with the following terms and conditions:

i)          the proposed vinyl shingles in the gable of the awning roof be replaced by a painted wood cladding, with trim;

ii)         the proposed aluminium post outside the entry doors be replaced by a painted wood post or painted wood bracket; and,

iii)         the display of a Heritage Alteration Permit be placed in a location visible from the street, until the work is completed;

e)         clauses 1, 2, 4, 5, 9 to 11, BE RECEIVED.

3.

9th Report of the Environmental and Ecological Planning Advisory Committee

The following actions be taken with respect to the 9th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on November 19, 2015:

a)         C. Kushnir and S. Peirce BE APPOINTED as the Environmental and Ecological Planning Advisory Committee representative and alternate, respectively, to the Dingman Creek Subwatershed:  Stormwater Servicing Strategy, Schedule C Municipal Class Environmental Assessment; and,

b)         clauses 1 to 17, BE RECEIVED.

4.

Property located at 585 Waterloo Street

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the brownfield incentive application of 2386225 Ontario Ltd., relating to the property located at 585 Waterloo Street:

a)         the application of 2386225 Ontario Ltd., for brownfield incentives under the Community Improvement Plan for Brownfields Incentives for a reimbursement on 50% of Development Charges paid by the applicant, up to a maximum amount of $275,000 BE APPROVED; and,

b)         the applicant BE REQUIRED to enter into an agreement with the City of London to be executed by the Managing Director, Planning and City Planner or designate, outlining relevant terms and conditions of the Community Improvement Plan; it being noted that the agreement between the City and 2386255 Ontario Ltd., will be transferable and binding on any subsequent property owner(s); it being further noted that Financial Planning and Policy staff have identified that there are sufficient funds in the Community Improvement Program – Grant Reserve Fund to finance this grant.   (2015-D19)

5.

Property located at 1895 Blue Heron Drive (Z-8532)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Catherine Burns, relating to the property located at 1895 Blue Heron Drive, the proposed by-law appended to the staff report dated November 30, 2015, BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial Special Provision (LI1(3)) Zone TO a Light Industrial Special Provision (LI1(_)) 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 in connection therewith.   (2015-D09)

6.

Properties located at 1155-1236 Gough Road and 1974-2119 Gough Avenue (Z-8509) (Relates to Bill No. 18)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Sifton Properties Limited, relating to the properties located at 1155-1236 Gough Road and 1974-2119 Gough Avenue, the proposed by-law appended to the staff report dated November 30, 2015, BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Residential R1 Special Provision (R1-3(7)) Zone TO a Residential R1 Special Provision (R1-3(_)) 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 in connection therewith.   (2015-D09)

Motion Passed

YEAS: M. Brown, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, J. Morgan, P. Hubert, H.L. Usher, T. Park, J. Zaifman (11)

NAYS: M. van Holst, A. Hopkins, V. Ridley, S, Turner (4)

7.

Property located at 1080 Westdel Bourne - Application for Approval of Draft Plan of Subdivision, Official Plan and Zoning By-law Amendments (39T-14503/OZ-8410) (Relates to Bill No. 6 and Bill No. 19)

Motion made by Councillor J. Helmer and seconded by Councillor M. Cassidy to Approve that clause 7 be amended as follows:

i)              by deleting part b) in its entirety and by replacing it with the following new part b):

“b)                  the proposed attached revised by-law BE INTRODUCED at the Municipal Council meeting to be held on December 21, 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 lands FROM an Urban Reserve (UR3) Zone, a Community Shopping Area (CSA5) Zone, and a holding Community Shopping Area (h•h-25•CSA5) Zone TO:

·                     a Holding Business District Commercial Special Provision (h•h-  •BDC(  )) Zone, to permit a range of uses such as animal clinics, apartment buildings, assembly halls, bake shops, cinemas, clinics, commercial recreation establishments, convenience service establishments, financial institutions, hotels, medical/ dental offices, nursing homes, offices, places of entertainment, private clubs, private schools, restaurants, retail stores, service and repair establishments, supermarkets, taverns, cluster townhouses, cluster stacked townhouses and street townhouses together with special zone regulations for a front and exterior side yard depth maximum of 8.0 metres; interior side and rear yard depth minimum abutting a residential zone of 6.0 metres; interior side and rear yard depth minimum abutting a non-residential zone of 3.0 metres from any other zone boundary and 0.0 metres within the same BDC( ) zone; building height minimum of 8.0 metres; building height maximum of 38.0 metres; gross floor area for retail uses maximum 30,000 square metres; total gross floor area for office uses maximum 9,500 square metres; gross floor area for offices per building maximum 5,000 square metres; landscaped open space minimum 10%; lot coverage maximum 60%; off-street parking minimum for commercial – one (1) space per 30 square metres; off-street parking minimum for office – one (1) space per 40 square metres; off-street parking minimum for residential – one (1) space per unit; distance of surface parking areas from a public road allowance minimum 3.0 metres; residential density maximum 100 units per hectare; it being noted that uses shall be permitted in a shopping centre building, a stand-alone building or a mixed use multi-storey building (including live-work format); (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential R5/R6 Special Provision/Community Facility Special Provision (h•h-  •R5-3(  )/R6-5(  )/CF1(  )) Zone to permit 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 with a special provision for maximum lot coverage of 50%, minimum front and exterior side yard depth to main building of 3.0 metres; and to permit a limited range of Community Facility uses such as community centres and libraries; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential Special Provision (h•h-  •R5-3(  )/R6-5(  )) Zone to permit 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 with a special provision for maximum lot coverage of 50%, and minimum front and exterior side yard depth to main building of 3.0 metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential R5/R6/R7/R8 Special Provision (h•h-  •R5-6( )/R6-5(  )/ R7•D75•H18/R8-4( )) Zone to permit various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouse and stacked townhouses up to a maximum density of 50 units per hectare with a special provision for a maximum lot coverage of 50%, maximum height of 15 metres and minimum front and exterior side yard depth to main building of 3.0 metres; and, to permit such uses as apartment buildings, senior citizens apartment buildings, nursing homes, continuum-of-care facilities and emergency care establishments up to a maximum density of 75 units per hectare and maximum height of 18 metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential R5/R6/R8 Special Provision (h•h-  •R5-6(  )/R6-5(  )/R8-3(  )) Zone to permit various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, townhouse and stacked townhouses up to a maximum density of 50 units per hectare with a special provision for a maximum lot coverage of 50%, maximum height of 15 metres and minimum front and exterior side yard depth to main building of 3.0 metres; and, to permit such uses as apartment buildings, senior citizens apartment buildings, continuum-of-care facilities and emergency care establishments up to a maximum density of 65 units per hectare with a special provision for maximum height of 15 metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential R5/R6 Special Provision (h•h-  •R5-6(  )/R6-5(  )) Zone to permit various forms of cluster housing including single detached, semi-detached, duplex, triplex, fourplex, apartment buildings, townhouse and stacked townhouses up to a maximum density of 50 units per hectare with a special provision for a maximum lot coverage of 50%, maximum height of 15 metres and minimum front and exterior side yard depth to main building of 3.0 metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London;

·                     a Holding Residential R10 (h•h-54•h-   •R10-3•H55) Zone to permit such uses as apartment buildings, senior citizens apartment buildings and continuum-of-care facilities up to a maximum density of 250 units per hectare and maximum height of 55 metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development; (h-_) – to ensure that urban design objectives established through the subdivision review process are being met, a site plan shall be approved and a development agreement shall be entered into which ensures that future development is in keeping with the design principles and concepts identified in the West Five Urban Design Guidelines, and subject to further refinement through the subdivision Design Studies and/or Site Plan Approval process, to the satisfaction of the City of London; (h-54) – to ensure the owner implements all noise attenuation measures as recommended in noise assessment reports, acceptable to the City of London;

·                     an Open Space (OS1) Zone to permit such uses as conservation lands, conservation works and public parks;

·                     an Open Space (OS3) Zone to permit cemeteries; and,

·                     a Holding Community Shopping Area Special Provision (h•h-5•CSA5(  )) Zone with a special provision that the Total Gross Floor Area for Office Uses (Maximum) within this zone and the adjacent BDC(   ) Zone combined shall not exceed 9,500 square metres; (h) – to ensure orderly development and adequate provision of municipal services, the “h” symbol shall not be deleted until the required security is provided and that the conditions of draft plan approval will ensure the execution of a subdivision agreement prior to development;

·                     a Holding Provision (h-5) for Blocks 1 to 6, inclusive, to ensure that development takes a form compatible with adjacent land uses, agreements shall be entered into following public site plan review specifying the issues allowed for under Section 41 of the Planning Act, R.S.O. 1990, c. P.13, prior to the removal of the "h-5" symbol;” and,

ii)              by adding the following new part g):

“g)        that pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice be given as the amendment is minor in nature.”

Motion Passed

YEAS: M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, J. Morgan, V. Ridley, T. Park (8)

NAYS: M. Brown, P. Squire, P. Hubert, A. Hopkins, S. Turner, H.L. Usher, J. Zaifman (7)

Motion made by Councillor P. Hubert and seconded by Councillor M. Cassidy to Approve clause 7, 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)

8.

Property located at 2300 Richmond Street (OZ-8501)

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)

1st Report of the Corporate Services Committee

Motion made by Councillor M. Cassidy to Approve clauses 1, 2, 4, 7, 9 and 11 of the 1st Report of the Corporate Services Committee and clause 1 of the 2nd Report of the Corporate Services Committee.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J. Zaifman disclosed a pecuniary interest in clause 5 of this Report, having to do with City of London Days at the Budweiser Gardens, by indicating that his mother is on the Board of the organization that has applied for a City of London Day at the Budweiser Gardens.

2.

Election of Vice-Chair for the term ending November 30, 2016

That Councillor J. Morgan BE ELECTED Vice Chair of the Corporate Services Committee for the term ending November 30, 2016.

4.

Amendment to Council Policy 28(1) Travel and Business Expenses (Relates to Bill No. 4)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the attached revised proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on December 8, 2015 to repeal Council Policy 28(1) entitled “Travel and Business Expenses” and replace it with a revised Council Policy 28(1), in order to incorporate the following amendments to the Policy:

a)         revise the Expense Review Officer for the Mayor;

b)         revise the local mileage provisions to exclude Council Member’s (with the exception of the Head of Council) who now have local mileage expenses provided for under Council Policy 28(2);

c)         revise the provision for out-of-town mileage reimbursement for individuals who receive a monthly vehicle allowance when travel exceeds 150km; and,

d)         revise the Risk Management Policy appendices for personal and rented vehicles to reflect more current terminology.

7.

2015 Capital Budget Status – Third Quarter Report

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

a)         the 2015 Capital Budget Status - Third Quarter Report BE RECEIVED for information;

b)         the capital projects listed in Appendix A of the staff report dated December 1, 2015, with a total of $17.9 million of net surplus funding, BE CLOSED and the following actions be taken:

i)          reserve fund draws of $11,710,607.86 BE TRANSFERRED back to the reserve funds which originally funded the projects;

ii)         pay-as-you-go funding of $109,339.31 BE TRANSFERRED to the capital receipts account; and,

iii)         authorized debt financing of $6,032,887.41 BE RELEASED, resulting in a reduction of authorized debt.

9.

Required Expenditure - Elevator Replacement $85,000

That Covent Garden Market BE AUTHORIZED to spend an amount of approximately $85,000 to cover the cost of replacing the elevator in the Covent Garden Market in January 2016, notwithstanding that approval of the Capital Budget will not occur until a later date.

11.

Change of Date - February 22, 2016 CSC Meeting

That the Corporate Services Committee meeting originally scheduled for February 22, 2016 BE CHANGED to February 16, 2016 at 12 Noon.

2nd Report of the Corporate Services Committee

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

3.

Corporate Asset Management Plan 2015 Review

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Division Manager, Corporate Asset Management, the staff report dated December 1, 2015 regarding the Corporate Asset Management Plan 2015 Review BE RECEIVED for information.

Motion Passed

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

RECUSED: B. Armstrong (1)

5.

City of London Days at the Budweiser Gardens

That, on the recommendation of the City Clerk, and notwithstanding Council Policy 3(8) – City of London Days at the Budweiser Gardens, which restricts a group from having more than two event days over a five year consecutive period, the request from the Parkinson Society Southwestern Ontario to  host a Charity Lunch Event featuring local restaurants on June 13, 2016 BE APPROVED as a City of London Day at the Budweiser Gardens; it being noted that no other request has been received for 2016 to date.

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 (14)

RECUSED: J. Zaifman (1)

6.

2015 Operating Budget Status - Third Quarter Report

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2015 Operating Budget Status – Third Quarter Report for the Property Tax Supported, Water, and Wastewater and Treatment Budgets:

a)         the 2015 Operating Budget Status – Third Quarter Report for the Property Tax Supported (refer to Appendix A of the staff report dated December 1, 2015), Water, and Wastewater and Treatment Budgets BE RECEIVED for information, it being noted that Civic Administration is projecting:

i)         $4.7 million in net savings for the Property Tax Supported Budget as identified by the Civic Administration and Boards and Commissions. The year-end position could fluctuate significantly based on factors beyond the control of the Civic Administration such as Ontario Works caseload pressures, winter maintenance conditions and mandatory community improvement plan program incentives. It should also be noted that the Civic Administration increased the London Police Service budget by $1.6 million in the 3rd quarter to address budget-related matters concerning policing services by a corresponding budget reduction in Financial Management;

ii)        $1.1 million deficit in the Water Rate Supported Budget;

iii)       $0.2 million deficit in the Wastewater and Treatment Rate Supported Budget;

b)         the Civic Administration BE AUTHORIZED to contribute to/draw down from the Operating Budget Contingency Reserve to balance year-end operations of the Property Tax Supported Budget should the Budget be in a surplus/deficit position;

c)         the Civic Administration BE AUTHORIZED to contribute to the Unfunded Liability Reserve, any operational savings realized from personnel and contingency budgets at 2015 year-end; it being noted that the net unfunded liability balance as reported in the 2014 Financial Statement is at $94.6 million;

d)         the Civic Administration BE AUTHORIZED to draw down from the Social Services Reserve Fund to offset transitional costs associated with the establishment of the Northeast and Southeast Ontario Works (OW) locations; it being noted that if sufficient savings to cover the transitional costs exist within the OW service area the draw down will not be taken;

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

f)         the Civic Administration BE AUTHORIZED to contribute to/draw down from the Wastewater Rate Stabilization Reserve to balance year-end operations of the Wastewater & Treatment Budget should the Budget be in a surplus/deficit position; and

g)         details of the Civic Administration’s contribution of $926,303 ($692,227 – Property Tax Supported; $165,160 – Water; and $68,916. – Wastewater) to the Efficiency, Effectiveness and Economy reserves in 2015 BE RECEIVED for information.

Motion Passed

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

8.

Tax Adjustment Agenda

That the recommendations contained in the Tax Adjustment Agenda dated December 1, 2015, as revised by the revisions included on the Added Agenda as Item 8 a), BE APPROVED; it being noted that there were no members of the public in attendance to speak to the Corporate Services Committee, at the public hearing associated with the Tax Adjustment Agenda.

Motion Passed

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

RECUSED: P. Hubert (1)

10.

Syrian Refugee Resettlement

That the following actions be taken with respect to refugee resettlement:

a)         the Civic Administration BE REQUESTED to update City Council on their current plans for the refugee families arriving in London, and any additional measures the City of London can take to better support newcomers;

b)         the Mayor BE REQUESTED to send letters of support to the Provincial and Federal Governments, demonstrating a collective commitment to resettling refugees; and

c)         the Members of City Council who sit on the Federation of Canadian Municipalities’ Board of Directors and Standing Committees (Deputy Mayor M. Cassidy, Councillor H.L, Usher and Councillor J. Zaifman) BE REQUESTED to further pursue these national conversations and opportunities to co-ordinate efforts.

At 6:12 PM, His Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

At 6:17 PM, His Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board. 

26th Report of the Strategic Priorities and Policy Committee

Motion made by Councillor T. Park to Approve clause 1.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

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)

1st Report of the Strategic Priorities and Policy Committee

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2nd Report of the Strategic Priorities and Policy Committee

Motion made by Councillor T. Park to Approve clauses 1 to 12, excluding clauses 2, 6 and 7.

1.

Disclosures of Pecuniary Interest

3.

Surplus/Deficit Policy

4.

Strategic Plan for The City of London 2015-2019:  Proposed Reporting Process and Year One Update

5.

City of London Community Grants Program Proposed Evaluate Criteria and Revised Community Grants Policy and Grant Agreement

8.

Public Participation Meeting – 2016 Water and Wastewater Rates

9.

Small City Strategy Terms of Reference

10.

Consideration of Appointments to the County/City Liaison Committee

11.

Confirmation of Appointment to the Outstanding London Ambassador Award Committee

12.

8th Report of the Governance Working Group

2.

Municipal Implications of the Truth and Reconciliation Commission Report

Motion made by Councillor V. Ridley and seconded by Councillor T. Park to Amend part a) of clause 2, by adding the following words “with regular progress updates to be provided to the Municipal Council, through the appropriate standing committee” after the words “Group;”

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 H.L. Usher and seconded by Councillor S. Turner to Approve clause 2, as amended.

Motion Passed

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

6.

London Medical Innovation and Commercialization Network

7.

London Medical Innovation and Commercialization Network Update (Paul Paolatto and Peter White)

Motion Passed

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

RECUSED: J. Morgan (1)

13.

Request for Delegation Status – Expansion of London Optimist Sports Centre (BMO Centre)

Motion Passed

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

NAYS: J. Helmer, A. Hopkins (2)

Motion made by Councillor V. Ridley and seconded by Councillor A. Hopkins to Approve that Council recess.

A matter pertaining to personal matters, including information regarding an identifiable individual, including a municipal employee, with respect to employment related matters, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation.

1st Report of the Committee of the Whole

Motion made by Councillor J. Morgan to Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the property at 3713 Scotland Drive:

a)         the offer submitted by Ashley Hennessy and Suzanne Hennessy to sell to the City the property municipally known as 3713 Scotland Drive, located on the south side of Scotland Drive, further described as Part of North ½ Lot 19 Concession 6, Designated as Part 7, Reference Plan 33R1297, containing an area of approximately 18.5 hectares (45.8 acres), for the purpose of buffering the City’s W12A landfill site, for the sum of $756,000.00, BE ACCEPTED SUBJECT TO the City agreeing to pay the Vendor’s reasonable legal fees, including fees, disbursements and applicable taxes, to complete this transaction, subject to assessment; and

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

Motion Passed

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

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

Motion made by Councillor T. Park and seconded by Councillor M. Cassidy 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 amend the annual meeting calendar by deleting the December 21, 2015 Council Meeting date and by replacing it with a January 4, 2016 Council Meeting date, with the meeting commencing at 4:00 PM.

Motion Passed

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

Motion made by Councillor T. Park and seconded by Councillor M. Cassidy to Approve that the annual meeting calendar be amended by deleting the December 21, 2015 Council Meeting date and by replacing it with a January 4, 2016 Council Meeting date, with the meeting commencing at 4:00 PM.

Motion Passed

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

NAYS: J. Helmer (1)

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 M. van Holst to Approve Introduction and First Reading of Bill No.s 1 to 4, 6 to 15, 17, and 21 to the added Bill No. 26, excluding Bill No. 23.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor S. Turner to Approve Second Reading of Bill No.s 1 to 4, 6 to 15, 17 and 21 to the added Bill No. 26, excluding Bill No. 23.

Motion Passed

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

Motion made by Councillor J. Zaifman and seconded by Councillor S. Turner to Approve Third Reading and Enactment of Bill No.s 1 to 4, 6 to 15, 17 and 21 to the added Bill No. 26, excluding Bill No. 23.

Motion Passed

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

Motion made by Councillor M. van Holst and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No 18.

Motion Passed

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

NAYS: S. Turner (1)

Motion made by Councillor M. van Holst and seconded by Councillor M. Salih to Approve Second Reading of Bill No. 18.

Motion Passed

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

NAYS: S. Turner (1)

Motion made by Councillor J. Helmer and seconded by Councillor B. Armstrong to Approve Third Reading and Enactment of Bill No. 18.

Motion Passed

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

NAYS: S. Turner (1)

Motion made by Councillor S. Turner and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No. 20.

Motion Passed

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

NAYS: J. Helmer, J. Zaifman (2)

Motion made by Councillor S. Turner and seconded by Councillor J. Morgan to Approve Second Reading of Bill No. 20.

Motion Passed

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

NAYS: M. Salih, J. Helmer, J. Zaifman (3)

Motion made by Councillor S. Turner and seconded by Councillor M. Cassidy to Approve Third Reading and Enactment of Bill No. 20.

Motion Passed

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

NAYS: M. Salih, J. Helmer, J. Zaifman (3)

Motion made by Councillor S. Turner and seconded by Councillor T. Park to Approve Introduction and First Reading of Bill No. 23.

Motion Passed

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

RECUSED: J. Morgan (1)

Motion made by Councillor J. Zaifman and seconded by Councillor M. Cassidy to Approve Second Reading of Bill No. 23.

Motion Passed

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

RECUSED: J. Morgan (1)

Motion made by Councillor S. Turner and seconded by Councillor M. Cassidy to Approve Third Reading and Enactment of Bill No. 23.

Motion Passed

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

RECUSED: J. Morgan (1)

Bill No. 1

By-law No. A.-7328-1

A by-law to confirm the proceedings of the Council Meeting held on the 8^th day of December, 2015. (City Clerk)

Bill No. 2

By-law No. A.-­­­­7329-2

A by-law to repeal and replace Council Policy 28(1) entitled “Travel & Business Expenses”. (4/1/CSC)

Bill No. 3

By-law No. C.P.-1284(sb)-3

A by-law to amend the Official Plan for the City of London, 1989 relating to the McCormick Area Secondary Plan lands. (2/26/PEC)

Bill No. 4

By-law No. C.P.-1284(sc)-4

A by-law to amend the Official Plan for the City of London, 1989 relating to 1156 Dundas Street. (3/26/PEC)

DELETED

Bill No. 5

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

A by-law to amend the Official Plan for the City of London, 1989 relating to secondary dwelling unit policies. (4/26/PEC)

Bill No. 6

By-law No. C.P.-1284(se)-5

A by-law to amend the Official Plan for the City of London, 1989 relating to lands bounded by Oxford Street West, Westdel Bourne, Shore Road, and Kains Road. (7/27/PEC)

Bill No. 7

By-law No. C.P.-1508-6

A by-law to exempt from Part Lot Control, lands located on the north side of Silverfox Crescent, at Denview Avenue, legally described as part of Block 81 in Registered Plan 33M-622, more particularly described as Parts 1-15 in Plan 33R-19336 in the City of London and County of Middlesex. (5/12/PEC-2014)

Bill No. 8

By-law No. S.-5765-7

A by-law to permit Michael Sims and Janet Anne Michelle Winder to maintain and use a boulevard parking area upon the road allowance for 44 Palace Street, City of London. (City Clerk)

Bill No. 9

By-law No. S.-5766-8

A by-law to assume certain works and services in the City of London. (Automall Subdivision; 33M-659) (City Engineer)

Bill No. 10

By-law No. S.-5767-9

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Eagletrace Drive and as part of Foxcreek Road). (to permit unobstructed legal access throughout the subdivision) (Chief Surveyor)

Bill No. 11

By-law No. S.-5768-10

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Raleigh Boulevard). (to permit unobstructed legal access throughout the subdivision) (Chief Surveyor)

Bill No. 12

By-law No. S.-5769-11

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Robin’s Hill Road, north of Huron Street). (to permit additional widening to Robin’s Hill Road over existing City owned lands in compliance with the Official Plan and Z-1 Zoning By-law) (Chief Surveyor)

Bill No. 13

By-law No. S.-5770-12

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Sunningdale Road West, west of Richmond Street). (pursuant to Consent B.023/14 and in accordance with Zoning By-law Z-1) (Chief Surveyor)

Bill No. 14

By-law No. S.-5771-13

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Seven Oaks Ridge). (to permit unobstructed legal access throughout the subdivision) (Chief Surveyor)

Bill No. 15

By-law No. Z.-1-162440

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1156 Dundas Street. (3/26/PEC)

DELETED

Bill No. 16

By-law No. Z.-1-16____

A by-law to amend Zoning By-law No. Z.-1 to add secondary dwelling unit provisions. (4/26/PEC)

Bill No. 17

By-law No. Z.-1-162442

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1895 Blue Heron Drive. (5/27/PEC)

Bill No. 18

By-law No. Z.-1-162443

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1155-1236 Gough Road and 1974-2119 Gough Avenue. (6/27/PEC)

DELETED

Bill No. 19

By-law No. Z.-1-16____

A by-law to amend By-law No. Z.-1 to rezone an area of land bounded by Oxford Street West, Westdel Bourne, Shore Road and Kains Road. (7/27/PEC)

ADDED

Bill No. 20

By-law No. A.-7330-14

A by-law to establish a Surplus/Deficit Policy. (3/2/SPPC)

ADDED

Bill No. 21

By-law No. A.-7331-15

A by-law to delete the current Grants and Capital Grants Policy 8(11) and replace it in its entirety with the City of London Community Grants Policy. (5(1)/2/SPPC)

ADDED

Bill No. 22

By-law No. A.-7332-16

A By-law to approve and adopt the standard form Grant Agreement (London Community Grants Program); and to authorize a City Representative to insert information and execute agreements which employ this form and to repeal by-law A.-7073-73 being “A by-law to approve and adopt the standard form Grant Agreement (Strategic Funding Framework)”; and to authorize a City Representative to insert information and execute agreements which employ this form. (5(2)/2/SPPC)

ADDED

Bill No. 23

By-law No. A.-7333-17

A by-law to authorize an Agreement between The Corporation of the City of London and the London Medical Innovation & Commercialization Network, and to authorize the Mayor and the City Clerk to execute the Agreement. (6/2SPPC)

ADDED

Bill No. 24

By-law No. WM-28-16003

A by-law to amend By-law WM-28 entitled, “A by-law for regulation of wastewater and stormwater drainage systems in the City of London”. (8a/2/SPPC)

ADDED

Bill No. 25

By-law No. W-8-16004

A by-law to amend By-law W-8 entitled, “Regulation of Water Supply in the City of London”. (8b/2/SPPC)

ADDED

Bill No. 26

By-law No. A.-7334-18

A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Ashley Hennessy and Suzanne Hennessy for the acquisition of a 18.5 hectare (45.8 acre) parcel of property municipally known as 3713 Scotland Drive, for the City’s W12A landfill site, and to authorize the Mayor and the City Clerk to execute the Agreement. (1C/1/CSC)

XIV

ADJOURNMENT