October 11, 2016, at 4:01 PM

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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

Motion Passed

X.   DEFERRED

MATTERS

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

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

Motion Passed

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:

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

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.

VII.   MOTIONS OF

WHICH NOTICE IS GIVEN

VIII.   REPORTS

Moved by Councillor J. Helmer

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

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.

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

Motion Passed

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)

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

Motion Failed

Part a) of clause 9 is put.

Motion Passed

Motion Passed

Part b) of clause 9 is put.

Motion Passed

Motion Passed

The balance of clause 9 is put.

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Approve clauses 1 and 3.

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)

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.

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

Motion Passed

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.

IX.   ADDED

REPORTS

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

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

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

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

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

Motion Passed

Moved by Councillor B. Armstrong

Seconded by Councillor M. van Holst

Approve Second Reading of revised Bill No. 369.

Motion Passed

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

Motion Passed

XIV.   ADJOURNMENT