October 13, 2015

Original link

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

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

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

IV.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

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

V.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor J. Helmer

Seconded by Councillor M. Cassidy

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

Motion Passed

Motion Passed

VI.   CONFIRMATION

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

Moved by Councillor M. Cassidy

Seconded by Councillor M. van Holst

Approve the Minutes of the 26th Meeting held on September 29, 2015.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor H.L. Usher

Approve clauses 1 to 16, excluding clauses 6, 8 and 11.

2.   Amendment to

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

That, on the recommendation of the City Clerk, the attached revised proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on October 13, 2015 to repeal Council Policy 28(2), “Council Members’ Expense Account” and replace it with a revised Council Policy 28(2), in order to incorporate the following amendments to the policy:   a)         revised provisions for in-town vehicle expense claims, including either a monthly transportation allowance in a maximum amount of $150.00, to be declared annually, or a per kilometer rate, using the existing City of London “Corporate Car Allowance Statement” claim form;   b)         the inclusion of a prescribed form for the submission of a request to the Corporate Services Committee, for the approval of an expense on an exception basis; and,   c)         the addition of a requirement for expense claims to be submitted within forty-five days of the date of the expense, in order to be considered for reimbursement.

Motion Passed

Motion Passed

3.   Review of Municipal

Act, 2001 and Municipal Conflict of Interest Act

That, on the recommendation of the Director of Community and Economic Innovation, the following actions be taken with respect to the provincial review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act:   a)         the submission from the Association of Municipalities of Ontario (AMO),  appended to the staff report dated October 6, 2015 as Appendix 1, BE ENDORSED;   b)         the additional comments by the City of London, appended to the staff report dated October 6, 2015 as Appendix 2, BE APPROVED for submission to the Province of Ontario subject to the following amendments:   i)          exclusion of the section on community councils; ii)         inclusion of the previous position of Council regarding the regulations pertaining to local improvements; iii)         inclusion of clarification that notice provisions should have greater flexibility in order to enable a municipality to determine the most effective means of reaching out to engage and inform the community; and   c)         the City of London comments BE FORWARDED to local Members of the Legislative Assembly of Ontario.

Moved by Councillor S. Turner

Seconded by Councillor T. Park

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

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor M. Salih

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

Motion Passed

Motion Passed

4.   Request for

Proposal 15-21 - General Insurance Program

That, on the recommendation of the Manager III, Risk Management Division and Managing Director, Corporate Services & City Solicitor and the Managing Director, Corporate Services, and with them concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:   a)         the proposal submitted by Frank Cowan Company Limited, 75 Main Street North Princeton, ON N0J 1V0, at a total annual premium of $2,340,943 plus tax, BE ACCEPTED;   b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts which are necessary in connection with this contract; and   c)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to RFP15-21.

5.   Report of the

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

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

7.   Confirmation of

Appointment to the Community Safety and Crime Prevention Advisory Committee

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

9.   2015 Federal

Election Questionnaire

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

10.   Review of the

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

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of the City of London, relating to lands Zoned Community Facility (CF2) as well as City-wide changes to various Zoning definitions, the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to modify the range of permitted uses in the Community Facility (CF2) Zone variation and to delete and replace various definitions of uses in the Zoning By-law;   it being pointed out that no individuals spoke at the public participation meeting associated with this matter.   (2015-D09)

12.   Planning Services

Two Year Work Program

That the following actions be taken with respect to the Planning Services 2 Year Work Program:   a)         the Civic Administration BE REQUESTED to review the Trail Planning and Design Standards for Environmentally Significant Areas by the end of Q2, 2016; and,   b)         the Civic Administration BE DIRECTED to review and report back with a revised Work Program at a future meeting of the Planning and Environment Committee;   it being noted that the Planning and Environment Committee reviewed and received a communication dated October 2, 2015, from S. Levin, et. al., with respect to this matter.    (2015-D02)

13.   Kindness Meters

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

14.   Winter Maintenance

for Un-assumed Subdivisions

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer and the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to winter maintenance for un-assumed subdivisions:   a)         the Standard Subdivision Agreement template BE REVISED to provide the option for developers, at their expense, to provide winter maintenance of un-assumed roads, at the sole discretion of the City;   b)         the Civic Administration BE AUTHORIZED to process administrative amendments to existing Subdivision Agreements, for developers requesting the option, at their expense, to provide winter maintenance of un-assumed roads, at the sole discretion of the City; and,   c)         the Civic Administration BE AUTHORIZED to undertake all additional administrative acts necessary to effect these recommendations.  (2015-T06)

15.   Individual

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

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to long term solid waste planning:   a)         the Civic Administration BE DIRECTED to proceed with an Individual Environmental Assessment to develop long term solid waste resource recovery and disposal plans for the City of London; and,   b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter.  (2015-E20)

16.   Deferred Matters

List

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

6.   Consideration of

Appointment to the Accessibility Advisory Committee

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

8.   Corporate Services

Committee Deferred Matters List

That the following actions be taken with respect to the Deferred Matters List:   a)         the Deferred Matters List BE APPROVED with the following amendments:   i)          addition of a requirement for a report back one-year after the Integrity Commissioner is in place regarding the advisability of appointing an Ombudsman and Lobbyist Registry for the City of London; ii)         removal of Item 1.36 as staff will report back on this and other matters as they arise; and iii)         update of Item 1.28 so that the expected reply date reads “4th Quarter 2015”;   b)         the Deferred Matters List BE PLACED on the Corporate Services Committee’s Agenda on a quarterly basis.

11.   Properties located

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

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of York Development Group MAI Inc., relating to the properties located at 598, 600, 604 and 608 Springbank Drive:   a)         the proposed by-law appended to the staff report dated October 5, 2015, BE INTRODUCED at the Municipal Council meeting to be held on October 13, 2015 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R5/Residential R7/Residential R9/Restricted Office (R5-6/R7-D150-H16/R9-7-H16/RO2)  Zone TO a Holding Residential R9 Special Provision (h-5-h()-R9-7()-H44) Zone;   b)         the Site Plan Approval Authority BE REQUESTED to ensure, through the Site Plan approval process, that the development of the subject property be consistent with the Site Plan, Renderings, Elevation Drawings and Section Drawings appended to the staff report dated October 5, 2015 as Appendix “B” and to consider, where possible:   i)          increasing the height of the podium to a minimum of two (2) storeys in order to be more proportional with the height of the building and to provide a stronger enclosure of the adjacent pedestrian realm; ii)         revising the design of the corner of the podium located at the intersection of Springbank Drive and Wonderland Road to include special architectural treatment which pronounces the corner; iii)         relocating the primary entrance at or near the northeast corner of the building to allow for convenient pedestrian way-finding and site circulation and to further activate the pedestrian realm at the intersection; iv)        screening parking from the public right-of-way with a combination of low masonry walls and vegetation/landscaping; iv)        implementing a landscape treatment along Springbank Drive and Wonderland Road which is urban in nature and provides opportunities for seating, hardscape areas, planting and seamless integration with public sidewalks; v)         creating a shaded urban plaza which reinforces pedestrian walking patterns along the tower’s abutting frontage at the intersection of Springbank Drive and Wonderland Road; vi)        the provision of privacy fencing, shade trees and other desirable buffering features along the westerly property line where the site abuts an existing single detached dwelling, to ensure the greatest protection of privacy; vii)       ensure that the westerly portion of the property, where the site abuts the existing single detached dwelling, is protected during the construction phase; and, viii)       review the potential for a noise wall or planting landscaping to mute noise;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions regarding this matter.    (2015-D09)

Motion Passed

Motion Passed

Moved by Councillor M. Cassidy

Seconded by to Approve clauses 1

9, excluding clauses 2 and 3.

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No.s 341 to 352, excluding Bill No. 350.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor H.L. Usher

Approve Second Reading of Bill No.s 341 to 352, excluding Bill No. 350.

Motion Passed

Motion Passed

Moved by Councillor J. Zaifman and seconded by Councillor B. Armstrong

Approve Third Reading and Enactment of Bill No.s 341 to 352, excluding Bill No. 350.

Motion Passed

Motion Passed

Moved by Councillor J. Zaifman

Seconded by Councillor T. Park

Approve Introduction and First Reading of Bill No.  350.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No. 350.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Third Reading and Enactment of Bill No. 350.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Introduction and First Reading of Bill No.  353.

Motion Passed

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No. 353.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Third Reading and Enactment of Bill No. 353.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT