October 11, 2016, at 4:01 PM

Original link

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

II.   RECOGNITIONS

III.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve that pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration of Stage X- Deferred Matters at this time, prior to Part IV – Council, In Closed Session.

Motion Passed

X.   DEFERRED

MATTERS

1.   A matter pertaining

to instructions and directions to officers and employees of the Corporation pertaining to a lease amendment; 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 lease amendment; commercial and financial information supplied in confidence pertaining to the proposed lease amendment, 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 lease amendment whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed lease amendment 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 lease amendment. (C2/21/CSC)

IV.   COUNCIL, IN

CLOSED SESSION

MOTION FOR IN CAMERA SESSION

Moved by Councillor P. Hubert

Seconded by Councillor A. Hopkins

Approve that Council rise and go into Council, In Closed Session with respect to the following matters:

Motion Passed

The Council rises and goes into the Council, in Closed Session, at 4:08 PM, with Mayor M. Brown in the Chair and all Members present except Councillor Zaifman.

The Council, In Closed Session, rises at 4:20 PM and Council reconvenes in public session at 4:23 PM, with Mayor M. Brown in the Chair and all Members present except Councillor Zaifman.

V.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE NINETEENTH MEETING HELD ON SEPTEMBER 27, 2016

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve the Minutes of the Nineteenth Meeting, held on September 27, 2016.

Motion Passed

VI.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor B. Armstrong

Seconded by Councillor J. Helmer

Approve receipt and referral of the following communication, as noted on the Agenda.

1.   J. Hunten, 253

Huron Street and N. Tausky, 288 St. James Street - Properties located at 479-485, 487 and 489 Talbot Street (Refer to the Planning and Environment Committee stage for consideration with clause 9 of the 17th Report of the Planning and Environment Committee.)

Motion Passed

Motion Passed

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

14th Report of the Civic Works Committee

Moved by Councillor J. Helmer

Approve clauses 1 to 20, excluding clauses 7 and 13.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   9th Report of the

Cycling Advisory Committee

That the 9th Report of the Cycling Advisory Committee from its meeting held on September 21, 2016 BE RECEIVED.

3.   Wonderland Road

South Improvements (Manning Drive to South City Limits) Detailed Design and Tendering 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 appointment of a Consulting Engineer for the Wonderland Road South Improvements (Manning Drive to South City Limits) Project:   a)         Stantec Consulting Limited, BE APPOINTED Consulting Engineers for the detailed design and tendering for the project at an upset amount of $227,669.75, 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 October 4, 2016 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 including rail-related agreements, if required, to give effect to these recommendations.   (2016-A05)

4.   Southwest Ontario’s

Public Transportation Opportunities

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to Southwest Ontario Public Transportation Opportunities:   a)         the principles of the New Directions:  Advancing Public Transportation in Southwestern Ontario report BE ENDORSED; and,   b)         the Ministry of Transportation BE REQUESTED to develop an integrated multi-modal Public Transportation Master Plan for Southwestern Ontario, in partnership with the Government of Canada, Southwestern Ontario municipalities, and the public transportation service providers (VIA Rail, Metrolinx and the Ontario Motor Coach Association) serving the region.  (2016-T10)

5.   Amendments to the

Traffic and Parking By-law (Relates to Bill No. 372)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated October 4, 2016 as Appendix ‘A’ BE INTRODUCED at the Municipal Council meeting to be held on October 11, 2016 for the purpose of amending the Traffic and Parking By-law (P.S. 111).  (2016-T08)

6.   Street Light Design

Standards

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the Street Light Design Standards appended to the staff report dated October 4, 2016 as Appendix ‘A’ BE APPROVED;  it being noted a communication dated September 30, 2016 from P. Hiscocks, Chair, Committee on Light Pollution, Royal Astronomical Society of Canada, Toronto Chapter, was received.  (2016-T01)

8.   Infrastructure

Canada Phase 1  Project Requests - Clean Water and Wastewater Infrastructure Fund

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Clean Water and Wastewater Infrastructure Fund:             a)         the list of projects set out in this report BE SUPPORTED for funding application to Phase 1 of the Infrastructure Canada Clean Water and Wastewater Infrastructure Fund; it being noted that not all of the work will be applied for;   b)         the Civic Administration BE DIRECTED to take all necessary steps to submit the City of London’s application for funding in advance of the program deadline;   c)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee with respect to staff resourcing and a management structure to deliver an enhanced capital program; and,   d)         the Federal and Provincial Governments BE REQUESTED to direct any remaining Phase 1 funding from the City’s allocation to Phase 2 of the Clean Water and Wastewater Infrastructure program.  (2016-F11)

9.   Foundation Drain

Disconnection to Mitigate Basement Flooding

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated October 4, 2016 with respect to Foundation Drain Disconnection to Mitigate Basement Flooding BE RECEIVED for information.(2016-D03)

10.   Update and Next

Steps -  London Waste to Resources Innovation Centre and Green Shields Energy

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the staff report dated October 4, 2016 with respect to an update and next steps - London Waste to Resources Innovation Centre and Green Shields Energy BE RECEIVED for information.(2016-E07)

11.   RFP 16-37

Envirodepot Operation and Management Program - Contract Award

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer and on the advice of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the award of the work outlined in Request for Proposals (RFP) 16-37 EnviroDepot Operation and Management Program:   a)         the proposal submitted by Try Recycling Inc., for the provision of service with respect to the EnviroDepot Operation and Management Program BE ACCEPTED in accordance with Procurement of Goods and Services Policy, Section 8.5 a) i; at their quoted 2017 Annual Fixed Price Depot Operating Management Fee for two depots of $199,000.00 per year, and quoted 2017 Unit Rates for transporting depot materials, H.S.T. extra;  it being noted that:   i)          the proposed Annual Fixed Price Management Fee and Unit Rates will be adjusted annually for inflation by the Consumer Price Index;   ii)         the term of contract will be six (6) years, beginning January 1, 2017, with two (2), one (1) year options at the sole discretion of the City; and,   iii)         the proposed total annual fee for service is based on the Annual Fixed Price Depot Operating Management Fee plus the Unit Rates multiplied by the actual units managed (tonnes or lifts) per year;   b)         to address Council direction provided to Civic Administration on November 10, 2015 with respect to the Northend EnviroDepot located at Try Recycling,  the unique proposal submitted by Try Recycling Inc., for the provision of service with respect to the EnviroDepot Operation and Management Program at the Northend EnviroDepot located at 21462 Clarke Rd., BE ACCEPTED in accordance with Procurement of Goods and Services Policy, Section 8.5 a) i; at their quoted 2017 Annual Fixed Price Depot Operating Management Fee of $61,284.64 per year, and the 2017 quoted Unit Rates for transporting depot materials, H.S.T. extra; it being noted that:   i)          the proposed Annual Fixed Price Management Fee and Unit Rates will be adjusted annually for inflation by the Consumer Price Index;   ii)         the term of contract will be six (6) years, beginning January 1, 2017, with two (2), one (1) year options at the sole discretion of the City; and,   iii)         the proposed total annual fee for service is based on the Annual Fixed Price Depot Operation Management Fee plus the Unit Rates multiplied by the actual units managed (tonnes or lifts) per year;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase;   d)         the Approval hereby given BE CONDITIONAL upon the Corporation entering into a formal agreement or having a purchase order, or contract record relating to the subject matter of this approval; and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other document, if required, to give effect to these recommendations.   (2016-F17)

12.   Landfill Gas

Utilization Update and Next Steps (Relates to Bill No. 371)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer and on the advice of the Director, Environment, Fleet and Solid Waste the following actions be taken with respect to landfill gas utilization:   a)         the Civic Administration BE AUTHORIZED to prepare an application to the Independent Electricity System Operator’s Feed-In Tariff Program for a 500 kilowatt landfill gas power plant which will use about 20 percent of the annual landfill gas produced;   b)         the Civic Administration BE AUTHORIZED to undertake all administrative acts in regard to the Feed-In Tariff Program application;     c)         the proposed By-law appended to the staff report dated October 4, 2016 as Appendix ‘3’ BE INTRODUCED at the Municipal Council Meeting of October 11, 2016 to approve and authorize the execution of documents with respect to Prescribed Forms for Participation in Ontario’s Feed-In Tariff program between the Independent Electricity System Operator and The Corporation of the City of London;   d)         the Civic Administration BE DIRECTED to examine renewable natural gas production as the preferred option for utilization of the remaining volume of landfill gas at the W12A Landfill; and,   e)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee on the options for the production of renewable natural gas from landfill gas;   it being noted that the Civic Works Committee received the attached revised page 92 of the Civic Works agenda, which reflects corrections to the financial analysis contained therein. (2016-E17)

14.   Appointment of

Consulting Engineer for the Master Servicing Study for the Huron Industrial  Area

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a Consulting Engineer for the Master Servicing Study for the Huron Industrial Area:             a)         Stantec Consulting Ltd. BE APPOINTED to carry out the Master Servicing Study for the Huron Industrial Area in the City of London, in the total amount of $87,773.00, in accordance with the estimate on file, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy; it being noted that this consultant may obtain approval to proceed with subsequent phases of engineering for this project subject to satisfying all financial, reporting and other conditions contained within this Policy;   b)         the financing for the work identified in a), above, BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated October 4, 2016 as Appendix ‘A’;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2016-A05)

15.   Tender 12-76 Supply

and Delivery of Highway Salt - 2016-2017 Contract Renewal

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to Tender 12-76 Contract Renewal:   a)         the Civic Administration BE AUTHORIZED to proceed with the Tender 12-76 Contract Renewal, for its final year (2016-2017 winter season), for the supply and delivery of highway salt by K + S Windsor Salt Ltd., at a negotiated price of $64.77 per tonne, delivery included, H.S.T. extra;   b)                     the Civic Administration BE AUTHORIZED to undertake all of the administrative acts that are necessary in connection with this contract;   d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing purchase orders or contract record relating to these matters of this approval.  (2016-F18)

16.   Winter Maintenance

Program- Salt Management Plan Update

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated October 4, 2016 with respect to the Winter Maintenance Program - Salt Management Plan Update BE RECIEVED for information.(2016-T06)

17.   Mud Creek Municipal

Class Environmental Assessment - Status Update and Scope Change

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the consulting engineer appointment for the Mud Creek Municipal Class Environmental Assessment (ES2681):   a)         the engineering fees for CH2M Hill Company BE INCREASED by $150,000.00, including contingency, from $318,312.00 to a total Environmental Assessment cost of $468,312.00, excluding H.S.T., to address stakeholder comments and finalize the Mud Creek Municipal Class Environmental Assessment process, in accordance with the estimate on file, which is 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 (g) of the Procurement of Goods and Services Policy;   b)         the financing for these works BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated October 4, 2015 as Appendix ‘A’;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these works;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contracts with these consultants for the works; and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contracts or other documents, if required, to give effect to these recommendations;   it being noted that the Civic Works Committee received the attached presentation from S. Mather, Manager, Stormwater, and a communication dated September 30, 2016 from M. Hannay, the MBTW Group, with respect to this matter.  (2016-A05)

18.   8th Report of the

Transportation Advisory Committee

That the following actions be taken with respect to the 8th Report of the Transportation Advisory Committee (TAC) from its meeting held on September 6, 2016:   a)         the Civic Administration BE ADVISED that the Transportation Advisory Committee (TAC) expressed its support of child minding at Public Participation Meetings of Municipal Council and Standing Committees and the need for the provision of child minding services at Advisory Committee meetings, as this initiative may encourage interested individuals who may not otherwise be able to participate, due to lack of available childcare;   b)     the following actions be taken with respect to the 2016 Transportation Advisory Committee Workplan:   i)          the Civic Administration BE REQUESTED to attend a future meeting of the TAC to make a presentation with respect to Dundas Street as it relates to transportation; and,   ii)         the revised attached 2016 Work Plan for the Transportation Advisory Committee BE APPROVED; and,   c)         clauses 1 to 6 and 9 to 12, BE RECEIVED.

19.   Road Hockey –

Letting Kids Play

That the Mayor BE REQUESTED to correspond with the Minister of Children and Youth Services advising that the City of London supports active communities including participation in road hockey and other activities; it being noted that the Civic Works Committee received a communication dated September 8, 2016, from Councillor M. van Holst, with respect to Road Hockey – Letting Kits Play. (2016-T08)

20.   Deferred Matters

List

That the Civic Works Committee Deferred Matters List, as at September 13, 2016, BE RECEIVED.

Motion Passed

7.   Parking Between the

Sidewalk and Roadway

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated October 4, 2016 with respect to parking between the sidewalk and roadway BE RECEIVED for information.  (2016-T02)

Moved by Councillor B. Armstrong

Seconded by Councillor M. van Holst

Approve that clause 7 BE REFERRED back to the Civic Works Committee, for further discussion and public consultation.

Motion Failed

Motion Passed

Motion Passed

13.   Infrastructure

Canada - Phase One Investments - Public Transit Infrastructure Fund

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Public Transit Infrastructure Fund:   a)         the list of projects set out in the staff report dated October 4, 2016 and approved London Transit Commission projects BE SUPPORTED for funding application to Phase 1 of the Infrastructure Canada Public Transit Infrastructure Fund;   b)         the Civic Administration BE DIRECTED to take all necessary steps to submit the City of London’s application for funding in advance of the program deadline; and,   c)         the Federal Government BE REQUESTED to direct any remaining Phase 1 funding from the City’s allocation to the implementation of the Shift Rapid Transit initiative in Phase 2 of the Public Transit Infrastructure Fund.  (2016-F11)

Motion Passed

17th Report of the Planning and Environment Committee

Moved by Councillor P. Squire

Approve clauses 1 to 13, excluding clauses 7 and 9.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   10th Report of the

Environmental and Ecological Planning Advisory Committee

That the following actions be taken with respect to the 10th Report of the Environmental and Ecological Planning Advisory Committee (EEPAC) from its meeting held on September 15, 2016:   a)            the EEPAC BE PERMITTED to review site plan applications that require either an Environmental Impact Statement or a Subject Land Status Report; it being noted that the EEPAC is presently only circulated if it is change in land use or plan of subdivision; it being further noted that the EEPAC reviewed and received a Notice dated August 3, 2016, from M. Corby, Senior Planner, with respect to the application by Drewlo Holdings Inc., relating to the properties located at 661 and 667 Talbot Street, was received;   b)            a Working Group, consisting of S. Hall, S. Levin and R. Trudeau (lead) BE ESTABLISHED to review the updated Sunninglea Scoped Environmental Impact Study; it being noted that a Notice dated July 7, 2016, from A. Riley, Senior Planner, Development Services, with respect to the application by Sunningdale Golf and Country Ltd., relating to the property located at 379 Sunningdale Road West, was received;   c)            the Working Group comments appended to the 10th Report of the Environmental and Ecological Planning Advisory Committee related to the Mud Creek Environmental Assessment/ Environmental Impact Study BE FORWARDED to the Civic Administration for consideration;   d)            the Working Group comments appended to the 10th Report of the Environmental and Ecological Planning Advisory Committee related to the Riverbend South Phase 2 Environmental Management Plan BE FORWARDED to the Civic Administration for consideration;   e)            the following actions be taken with respect to 2017 Environmentally Significant capital projects:   i)              the list of suggested Environmentally Significant capital project ideas appended to the 10th Report of the Environmental and Ecological Planning Advisory Committee BE FORWARDED to the Civic Administration for consideration; and, ii)             the Civic Administration BE REQUESTED to report back to the Environmental and Ecological Planning Advisory Committee with respect to the projects that are going to be undertaken in 2017;   f)             the Working Group comments appended to the 10th Report of the Environmental and Ecological Planning Advisory Committee related to the Vauxhall-Pottersburg Sewer Line Connection Environmental Impact Study BE FORWARDED to the Civic Administration for consideration; and,   g)         clauses 1 to 8, 11 to 13, 17 to 20, 22, 24 and 25, BE RECEIVED.

3.   5th Report of the

Agricultural Advisory Committee

That the following actions be taken with respect to the 5th Report of the Agricultural Advisory Committee (AAC) from its meeting held on September 21, 2016:   a)            the Civic Administration BE ADVISED that the AAC supports agricultural commercial use that will permit the owner to sell and service farm machinery and equipment and that all-terrain vehicles, utility vehicles and side-by-side vehicles be included in the permitted use as it assists farmers in getting around their farm; it being noted that the AAC reviewed and received a Notice dated August 17, 2016, with respect to an application submitted by Hyde Park Equipment Ltd., relating to the property located at 4166 Scotland Drive, was received;   b)            the Civic Administration BE ADVISED that the AAC expressed opposition to the Official Plan Amendment proposed in the Notice dated September 7, 2016, from L. Maitland, Planner I, with respect to an application submitted by Old Oak Properties Inc., relating to the Southwest Area Secondary Plan for the following reasons:     i)              the Southwest Area Secondary Plan is large enough as it currently stands; ii)             surface parking lots negatively impact water health and water runoff; iii)            there is nothing to stop water runoff into Dingman Creek thereby polluting water quality; iv)        a blanket repealing of the Policy is preferred so that applications can be reviewed on a case by case basis; v)         the larger footprint of the building, with a surface parking lot, will impact surrounding agricultural land, including the shadowing from the building; and, vi)        the potential increase of urban sprawl to the detriment of agricultural land;   c)            the Ontario Ministry of Transportation BE REQUESTED to keep the AAC informed of the progress of the detailed design and Class Environmental Assessment (EA) Study for the Highway 401 reconstruction in Elgin County, Middlesex County and the City of London; it being noted that the AAC reviewed and received a Notice of Study Commencement dated August 8, 2016, from M. Bruder, Environmental Planner, Stantec Consulting Ltd., with respect to this matter; and,   d)         clauses 1 to 5 and 9 to 13, BE RECEIVED.

4.   Lots on Cranbrook

Road and Thornley Street (H-8634-2) (Relates to Bill No. 373)

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the application of Norquay Buttonbush Land Corp., for properties located at 1200 and 1206 Cranbrook Road:   a)         the proposed by-law appended to the staff report dated October 3, 2016, BE INTRODUCED at the Municipal Council meeting to be held on October 11, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R1 Special Provision (h-108*R1-6(4)) Zone TO a Residential R1 Special Provision (R1-6(4)) Zone to remove the “h-108” holding provision on properties located at 1200 and 1206 Cranbrook Road; and,   b)         the application to change the zoning on the remainder of the blocks within the subdivision BE DEFERRED until such time as the lands are consolidated.   (2016-D09)

5.   Victoria on the

River Subdivision (Phase 3) (39T-09502)

That, on the recommendation of the Manager, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivision of land over Part of Lot 9, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex, situated north of Commissioners Road East between Jackson Road and Hamilton Road:   a)         the Special Provisions to be contained in a Subdivision Agreement between The Corporation of the City of London and Sifton Properties Limited, for the Victoria on the River Subdivision (39T-09502) Phase 3, appended to the staff report dated October 3, 2016, as Schedule “A”,  BE APPROVED;     b)         the applicant BE ADVISED that the Director, Development Finance has summarized the claims and revenues appended to the staff report dated October 3, 2016, as Schedule “B”, and,   c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2016-D12)

6.   Property located at

4206 Perkins Road (H-8677) (Relates to Bill No. 374)

That, on the recommendation of the Senior Planner, Development Planning, based on the application of Pechecos Contractors Ltd., relating to lands located at 4206 Perkins Road, the proposed by-law appended to the staff report dated October 3, 2016, BE INTRODUCED at the Municipal Council meeting to be held on October 11, 2016, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Light Industrial (h-17.LI1/LI7) Zone TO a Light Industrial (LI1/LI7) Zone to remove the “h-17” holding provision.   (2016-D09)

8.   Funding Request for

the Hyde Park Business Association/Business Improvement Area (BIA) Designation

That the following actions be taken with respect to the request for the establishment of a Hyde Park Business Improvement Area:   a)         the Civic Administration BE REQUESTED to provide $50,000 funding from the Operating Budget Contingency Reserve; and,   b)         the Civic Administration BE DIRECTED to take the steps necessary, in 2017, to create a Hyde Park Business Improvement Area;   it being noted that the Planning and Environment Committee received the attached presentation from D. Szpakowski, President, Hyde Park Business Association.   (2016-F11A)

10.   Tender 16-94 -

Invasive Species Management - Irregular Result

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the award of contract for invasive species management in City woodlands:   a)         the bid submitted by Clintar Landscape Management., 11 Artisans Crescent, London, ON, N5V 4S1 at the tendered price of $268,275.00 (plus H.S.T.) BE ACCEPTED; it being noted that the bid submitted by Clintar Landscape Management was the only bid received, and meets the City’s specifications and requirements in all areas;   b)         the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated October 3, 2016;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase; and,   d)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract, or having a purchase order or contract record relating to this matter.   (2016-F18)

11.   Increased

Assessment of Property Taxes at 300 Dundas Street

That delegation status BE GRANTED to K. Millson, 2335765 Ontario Inc., at a future meeting of the Planning and Environment Committee, concurrent with a detailed staff report, with respect to the request for a Rehabilitation and Redevelopment Tax Grant, relating to the property located at 300 Dundas Street; it being noted that the Planning and Environment Committee reviewed and received a communication dated September 26, 2016 from K. Millson, 2335765 Ontario Inc. and a communication, in support of this request, dated September 21, 2016, from J. MacDonald, CEO and General Manager, Downtown London with respect to this matter.   (2016-F11A)

12.   CTV London/Jack FM

Signage Removal - Files 16001285 & 16001286

That delegation status BE GRANTED to D. Mumford, Vice President, General Manager, Radio and Local TV Bell Media London, Windsor/Detroit, Barrie/Toronto, at a future meeting of the Planning and Environment Committee with respect to the request for exemption from the enforcement of the Sign and Canopy By-law; it being noted that the Planning and Environment Committee reviewed and received a communication dated September 19, 2016, from D. Mumford, Vice President, General Manager - Radio and Local TV Bell Media London, Windsor/Detroit, Barrie/Toronto, with respect to this matter.   (2016-P01)

13.   PEC Deferred List

That the Deferred Matters List dated September 6, 2016, BE UPDATED and items that have been addressed by the Civic Administration BE REMOVED.

Motion Passed

7.   Chelsea Green

Meadows Delegation

That the following actions be taken with respect to the request for a Brownfield Incentive application for the Chelsea Green subdivision (33M-686):   a)         the Civic Administration BE REQUESTED to report back at a future meeting of the Planning and Environment Committee with an analysis of the Business Plan, under the premise that it was still in the original ownership, recognizing that the applicant includes the original ownership, relating to the removal of contaminated soil in the Chelsea Green subdivision (33M-686); and,   b)         the Civic Administration BE REQUESTED to report back at a future meeting of the Planning and Environment Committee, concurrent with the report noted in part a) above, with respect to any potential exposures with respect to retroactive approvals relating to this matter;   it being noted that the Planning and Environment Committee heard the attached presentation from P. Hinde, 2423652 Ontario Ltd., and reviewed and received a communication dated August 15, 2016, from D. de Jong, 2423652 Ontario Ltd., and P. Aarts, Aar-Con Enterprises Corp and a communication dated January 6, 2016, from D. de Jong, 2423652 Ontario Ltd, with respect to this matter.   (2016-D09)

Motion Passed

9.   Properties located

at 479-485, 487 and 489 Talbot Street

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Manager of Urban Regeneration, the following actions be taken with respect to the request for the demolition of structures on heritage listed properties located at 479-485, 487 and 489 Talbot Street:   a)         the properties at 479-485, 487, and 489 Talbot Street BE REMOVED from the Inventory of Heritage Resources (Register);   b)         the Chief Building Official BE ADVISED that the Municipal Council consents to the demolition of the structures on these properties;   c)         prior to any demolition, measured drawings documenting the exterior volume of the existing structures BE PROVIDED by the applicant and submitted to Planning Services; and,   d)         during demolition, actions BE UNDERTAKEN by the applicant to salvage and store original exterior materials including brick and exterior masonry from the existing structures for re-use in a commemorative monument to be constructed consistent with the applicable bonus zoning for the property;   it being noted that the Planning and Environment Committee reviewed and received a communication dated September 28, 2016, from A-M. Valastro, 1-133 John Street, with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2016-P10D/R01)

The Chair rules that a proposed amendment to clause 10 would require the Municipal Council to approve a reconsideration of the matter.  Councillor S. Turner challenges the ruling of the Chair.  Pursuant to section 10.5 of the Council Procedure By-law the question “Shall the ruling of the Chair be sustained?” is put.

Motion Failed

Part a) of clause 9 is put.

Motion Passed

Part b) of clause 9 is put.

Motion Passed

The balance of clause 9 is put.

Motion Passed

23rd Report of the Corporate Services Committee

Moved by Councillor J. Morgan

Approve clauses 1 and 3.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

3.   Corporate Services

Committee Deferred Matters List

That the Corporate Services Committee Deferred Matters List, as of September 14, 2016, BE RECEIVED.

Motion Passed

2.   Recording of In

Closed Session Meetings

That the Civic Administration BE DIRECTED to take the necessary steps to implement audio recording of closed meeting sessions, which would include a report back on the necessary policies and procedures, etc. that would need to be put in place as part of the implementation process.

Moved by Councillor V. Ridley

Seconded by Councillor P. Hubert

Approve referral of clause 2 back to the Corporate Services Committee in order to receive further information from the Civic Administration and to provide for additional discussion with respect to this matter.

Motion Failed

Motion Passed

Motion Passed

24th Report of the Corporate Services Committee

1.   Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Meeting with Members of Parliament

Motion Passed

Motion Passed

7th Report of the Audit Committee

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

IX.   ADDED

REPORTS

8th Report of the Audit Committee

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   RFP 16-31 External

Audit Services (Relates to Bill No. 370)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law appended to the staff report dated October 5, 2016 as Appendix A with respect to RFP 16-31 External Audit Services, BE INTRODUCED at the Municipal Council meeting of Tuesday, October 11, 2016 to:   a)         appoint KPMG LLP as auditors for the Corporation and its Boards and Commissions and Municipal entities for the five-year term beginning January 1, 2017, in accordance with Section 296 of the Municipal Act, 2001;   b)         approve the Agreement with KPMG LLP, appended to the staff report dated October 5, 2016 as Schedule A to the by-law, with respect to the audit of the accounts and transactions of The Corporation of the City of London and its Boards and Commissions and Municipal entities; and,   c)         authorize the Mayor and the City Clerk to execute the Agreement approved in b), above.

3.   Quarterly Report on

Internal Audit Results

That, on the recommendation of PricewaterhouseCoopers (PwC), the Quarterly Report on Internal Audit Results, dated October 5, 2016, BE RECEIVED and the action plans identified in the Report, BE IMPLEMENTED; it being noted that the aforementioned Report included the following: Facilities Design & Construction: Construction of higher risk assets, including Normal School; Development & Compliance Services: Building Cash Controls; Human Resources: Succession Planning (follow up from 2012 project); Review of administrative costs to Lake Huron & Elgin Water Supply Boards; and Past Action Plans.

Motion Passed

7th Public Report of the Council, in Closed Session

Moved by Councillor P. Hubert

Approve clauses 1 and 2 as follows:   1.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with the review and concurrence of the Manager, Purchasing and Supply, the Lease Amending Agreement between The Corporation of the City of London (the “Lessor”) and CBS Outdoor Canada, now OUTFRONT Media Canada LP through Its General Partner OUTFRONT Media Canada GP Co.  (the “Lessee”), for eight (8) outdoor sign locations, BE APPROVED for an additional term of one (1) year, at a base rent of $104,000.00 per annum, payable in equal quarterly instalments, in advance, subject to the same terms and conditions of the existing lease.     2.               That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the request submitted by Arvin Sango Canada, Inc. to extend its option to purchase until October 12, 2021, over Part 1, Plan 33R-18098, being approximately 10.29 acres, in the City’s Innovation Park, as outlined on the attached location map, BE APPROVED.

Motion Passed

XI.   ENQUIRIES

Councillor M. Salih enquires if the Civic Administration could provide an update at the October 18, 2016 Community and Protective Services Committee meeting with respect to the status of the implementation of the Diversity Officer and the strategies that will be utilized to assist with the attraction and retention of qualified individuals who reflect the diversity of our community and how the role of the Diversity Officer will evolve. The City Manager agreed to provide an update at the October 18, 2016 Community and Protective Services Committee meeting.

XII.   EMERGENT

MOTIONS

1.   (ADDED) Councillor

J. Zaifman - Payment of Stipend During Period of Approved Medical Leave

Moved by Councillor J. Morgan

Seconded by Councillor J. Helmer

Approve that pursuant to section 20.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion to consider the communication dated October 6, 2016, from Councillor J. Zaifman seeking support with respect to the discontinuance of his stipend until such time as he is able to resume his duties.

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor J. Helmer

Approve that the communication dated October 6, 2016, from Councillor J. Zaifman, with respect to the discontinuance of his stipend until such time as he is able to resume his duties, BE SUPPORTED.

Motion Passed

XIII.   BY-LAWS

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

Moved by Councillor S. Turner

Seconded by Councillor B. Armstrong

Approve Introduction and First Reading of Bill No. 368, Bill No.’s 370 to 374 and Added Bill No.’s 367 and 375.

Motion Passed

Moved by Councillor S. Turner

Seconded by Councillor J. Helmer

Approve Second Reading of Bill No. 368, Bill No.’s 370 to 374, inclusive and Added Bill No.’s 367 and 375.

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor J. Helmer

Approve Third Reading and Enactment of Bill No 368, Bill No.’s 370 to 374, inclusive and Added Bill No.’s 367 and 375.

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor S. Turner

Approve Introduction and First Reading of revised Bill No. 369.

Motion Passed

Moved by Councillor B. Armstrong

Seconded by Councillor M. van Holst

Approve Second Reading of revised Bill No. 369.

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor M. Cassidy

Approve Third Reading and Enactment of revised Bill No. 369.

Motion Passed

XIV.   ADJOURNMENT

Motion Passed

Votes

20 substantive votes at this meeting (10 contested, 10 unanimous). Procedural motions excluded.

1#2. J. Hunten, 253

Huron Street and N. Tausky, 288 St. James Street - Properties located at 479-485, 487 and 489 Talbot Street (Refer to the Planning and Environment Committee stage for consideration with clause 9 of the 17th Report of the Planning and Environment Committee.)

Motion Passed

✅ Motion Passed

Unanimous (14-0)

1#9. (ADDED) Councillor

J. Zaifman - Payment of Stipend During Period of Approved Medical Leave

Approve that pursuant to section 20.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion to consider the communication dated October 6, 2016, from Councillor J. Zaifman seeking support with respect to the discontinuance of his stipend until such tim…

✅ Motion Passed

Unanimous (14-0)

1#9. (ADDED) Councillor

J. Zaifman - Payment of Stipend During Period of Approved Medical Leave

Approve that the communication dated October 6, 2016, from Councillor J. Zaifman, with respect to the discontinuance of his stipend until such time as he is able to resume his duties, BE SUPPORTED.

✅ Motion Passed

Unanimous (14-0)

13#2. PEC Deferred List

That the Deferred Matters List dated September 6, 2016, BE UPDATED and items that have been addressed by the Civic Administration BE REMOVED.

✅ Motion Passed

Unanimous (14-0)

2#3. Recording of In

Closed Session Meetings

Approve referral of clause 2 back to the Corporate Services Committee in order to receive further information from the Civic Administration and to provide for additional discussion with respect to this matter.

❌ Motion Failed

View roll call

Yea (2): Paul Hubert, Virginia Ridley

Nay (12): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Jesse Helmer, Maureen Cassidy, Phil Squire, Stephen Turner, Matt Brown, Bill Armstrong, Harold Usher, Tanya Park

2#3. Recording of In

Closed Session Meetings

Motion Passed

✅ Motion Passed

View roll call

Yea (13): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Jesse Helmer, Maureen Cassidy, Phil Squire, Stephen Turner, Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Tanya Park

Nay (1): Virginia Ridley

2#4. Meeting with Members of Parliament

Motion Passed

✅ Motion Passed

Unanimous (14-0)

3#4. Quarterly Report on

Internal Audit Results

Approve clauses 1 and 2 as follows:   1.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Man…

✅ Motion Passed

Unanimous (13-0)

7#2. Chelsea Green

Meadows Delegation

That the following actions be taken with respect to the request for a Brownfield Incentive application for the Chelsea Green subdivision (33M-686):   a)         the Civic Administration BE REQUESTED to report back at a future meeting of the Planning and Environment Committee with an analy…

✅ Motion Passed

View roll call

Yea (13): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Jesse Helmer, Maureen Cassidy, Phil Squire, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (1): Stephen Turner

9#2. Properties located

at 479-485, 487 and 489 Talbot Street

The Chair rules that a proposed amendment to clause 10 would require the Municipal Council to approve a reconsideration of the matter.  Councillor S. Turner challenges the ruling of the Chair.  Pursuant to section 10.5 of the Council Procedure By-law the question “Shall the ruling of the …

❌ Motion Failed 🔥

View roll call

Yea (7): Maureen Cassidy, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (7): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Jesse Helmer, Phil Squire, Stephen Turner

9#2. Properties located

at 479-485, 487 and 489 Talbot Street

Part a) of clause 9 is put.

✅ Motion Passed

View roll call

Yea (10): Josh Morgan, Michael van Holst, Mo Salih, Maureen Cassidy, Phil Squire, Matt Brown, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (4): Anna Hopkins, Jesse Helmer, Stephen Turner, Bill Armstrong

9#2. Properties located

at 479-485, 487 and 489 Talbot Street

Part b) of clause 9 is put.

✅ Motion Passed

View roll call

Yea (11): Josh Morgan, Michael van Holst, Mo Salih, Maureen Cassidy, Phil Squire, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (3): Anna Hopkins, Jesse Helmer, Stephen Turner

9#2. Properties located

at 479-485, 487 and 489 Talbot Street

The balance of clause 9 is put.

✅ Motion Passed

Unanimous (14-0)

V. CONFIRMATION

AND SIGNING OF THE MINUTES OF THE NINETEENTH MEETING HELD ON SEPTEMBER 27, 2016

Approve the Minutes of the Nineteenth Meeting, held on September 27, 2016.

✅ Motion Passed

Unanimous (14-0)

XIII. BY-LAWS

Approve Introduction and First Reading of revised Bill No. 369.

✅ Motion Passed

View roll call

Yea (13): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Maureen Cassidy, Phil Squire, Stephen Turner, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (1): Jesse Helmer

XIII. BY-LAWS

Approve Second Reading of revised Bill No. 369.

✅ Motion Passed

View roll call

Yea (12): Josh Morgan, Anna Hopkins, Michael van Holst, Maureen Cassidy, Phil Squire, Stephen Turner, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (2): Mo Salih, Jesse Helmer

XIII. BY-LAWS

Approve Third Reading and Enactment of revised Bill No. 369.

✅ Motion Passed

View roll call

Yea (12): Josh Morgan, Anna Hopkins, Michael van Holst, Maureen Cassidy, Phil Squire, Stephen Turner, Matt Brown, Bill Armstrong, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

Nay (2): Mo Salih, Jesse Helmer

7. Parking Between the

Sidewalk and Roadway

Approve that clause 7 BE REFERRED back to the Civic Works Committee, for further discussion and public consultation.

❌ Motion Failed

View roll call

Yea (2): Stephen Turner, Bill Armstrong

Nay (12): Josh Morgan, Anna Hopkins, Michael van Holst, Mo Salih, Jesse Helmer, Maureen Cassidy, Phil Squire, Matt Brown, Paul Hubert, Virginia Ridley, Harold Usher, Tanya Park

7. Parking Between the

Sidewalk and Roadway

Motion Passed

✅ Motion Passed

Unanimous (14-0)

13. Infrastructure

Canada - Phase One Investments - Public Transit Infrastructure Fund

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Public Transit …

✅ Motion Passed

Unanimous (14-0)