Open Council

Council

Open Council

Council

September 18, 2018, at 4:00 PM

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1.   Disclosures of Pecuniary Interest

Councillor T. Park discloses a pecuniary interest in clause 3.2 of the 14th Report of the Planning and Environment Committee, having to do with the properties located at 147-149 Wellington Street and 253-257 Grey Street, by indicating that her family owns property in the area.

Councillor V. Ridley discloses a pecuniary interest in clause 3.2 of the 14th Report of the Planning and Environment Committee, having to do with the properties located at 147-149 Wellington Street and 253-257 Grey Street, by indicating that her family owns property in the area.

3.   Review of Confidential Matters to be Considered in Public

None.

4.   Council, In Closed Session

Motion made by T. Park

Seconded by A. Hopkins

That Council rise and go into Council, In Closed Session, for the purpose of considering the following matters:

4.1                   Solicitor-Client Privileged Advice

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. (6.1/16/CSC)

4.2                   Land Acquisition/Solicitor-Client Privileged Advice

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. (6.2/16/CSC)

4.3                   Security of Property

A matter pertaining to the security of the property of the municipality, including advice, recommendations and communications of officers and employees of the Corporation. (6.3/16/CSC)

4.4                   Identifiable Individual/Litigation/Potential Litigation/Solicitor-Client Privileged Advice

A matter pertaining to an identifiable individual; employment-related matters; litigation or potential litigation affecting the municipality; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; 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. (6.4/16/CSC)

4.5                   Litigation/Potential Litigation/Solicitor-Client Privileged Advice

A matter pertaining to litigation with respect to the partial expropriation of property located at 4501 Dingman Drive, including matters before administrative tribunals, affecting the municipality or local board, and specifically OMB File No. LC 130020; advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in connection with the expropriation of property located at 4501 Dingman Drive; and directions and instructions to officers and employees or agents of the municipality regarding settlement negotiations and conduct of litigation in connection with the expropriation of a property located at 4501 Dingman Drive. (6.5/16/CSC)

4.6                   Solicitor-Client Privileged Advice

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, and giving directions or instructions to the solicitors, officers or employees of the municipality in connection with such advice relating to the Vehicle for Hire By-law L.-130-71. (6.1/13/CPSC)

4.7       (ADDED) Land Disposition/Solicitor-Client Privileged Advice

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition 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 disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition 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 disposition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed disposition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; information relating to a position, plan, procedure, criteria 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 disposition.

Motion Passed (14 to 0)

The Council rises and goes into the Council, In Closed Session, at  4:20 PM, with Mayor M. Brown in the Chair and all Members present except Councillor J. Morgan.

The Council, In Closed Session, rises at 5:07 PM and Council reconvenes at   5:10 PM, with Mayor M. Brown in the Chair and all Members present except Councillor J. Morgan.

5.   Confirmation and Signing of the Minutes of the Previous Meeting(s)

Motion made by M. van Holst

Seconded by J. Helmer

That the Minutes of the 15th Meeting held on August 28, 2018, BE APPROVED.

Motion Passed (14 to 0)

6.   Communications and Petitions

Motion made by M. Salih

Seconded by M. van Holst

That the following communications BE REFERRED, as noted on the Added Agenda:

6.1       (ADDED)  Reinstatement of Demolition Control By-law

1.         J. Grainger, ACO London

2.         S. Trosow, 43 Mayfair Drive

6.2       (ADDED) S. Trosow, 43 Mayfair Drive - 147-149 Wellington Street - 253 and 257 Grey Street (Z-8905)

6.3       (ADDED) Vehicle for Hire By-law

1.         Councillor van Holst

2.         I. Omer, U-Need-A-Cab, H. Savehilaghi, Yellow London Taxi, K. Tarhuni, Green Taxi  and N. Abbasey, Your Taxi.london

Motion Passed (14 to 0)

Motion made by M. Salih

Seconded by J. Helmer

That pursuant to section 6.4 of the Council Procedure By-law, the order of business be changed to permit consideration clause 3.1 of the 13th Report of the Community and Protective Services Committee (Item No. 3 of Stage 8.3 of the Council Agenda), having to do with the Vehicle for Hire By-law, to be dealt with at this time.

Motion Passed (14 to 0)

8.   Reports

8.1   16th Report of the Corporate Services Committee

2018-09-11 CSC Report 16

Motion made by J. Helmer

That the 16th Report of the Corporate Services Committee BE APPROVED, excluding item 3 (3.1).

Motion Passed (11 to 0)

8.1.1   Disclosures of Pecuniary Interest

Motion made by J. Helmer

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

8.1.2   (2.1) Access and Privacy Policy (Relates to Bill No. 548)

Motion made by J. Helmer

That, on the recommendation of the City Clerk the proposed by-law appended to the staff report dated September 11, 2018 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018, to adopt a Council Policy with respect to Access and Privacy under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, (“MFIPPA” or the “Act”).

Motion Passed

8.1.4   (4.1) Request of a Vehicle Donation to ReForest London

Motion made by J. Helmer

That the request of ReForest London for the donation of a used City of London truck BE REFERRED to the Civic Administration for a report back with respect to the necessary sources of financing for the costs associated with the request.

Motion Passed

8.1.3   (3.1) Annual Meeting Calendar

At 8:25 PM, his Worship the Mayor places Councillor A. Hopkins in the Chair, and takes a seat at the Council Board.

At 8:30 PM, his Worship the Mayor resumes the Chair, and Councillor A. Hopkins takes her seat at the Council Board.

Motion made by P. Hubert

That the draft meeting calendar for the period of January 1, 2019 to December 1, 2019, reflecting the current meeting schedule, attached as Appendix B to the staff report dated September 11, 2018, BE APPROVED;

it being noted that a communication dated August 30, 2018, from S. Levin was received;

it being pointed out that no members of the public made presentations at the public participation meeting with respect to this matter.

Motion Passed (6 to 5)

8.2   14th Report of the Planning and Environment Committee

2018-09-10 PEC Report 14

Motion made by S. Turner

That the 14th Report of the Planning and Environment Committee Be APPROVED, excluding item 12 (3.2) and 18 (4.3).

Motion Passed (11 to 0)

8.2.1   Disclosures of Pecuniary Interest

Motion made by S. Turner

That it BE NOTED that Councillor T. Park disclosed a pecuniary interest in clause 3.2 of this Report, having to do with the properties located at 147-149 Wellington Street and 253-257 Grey Street, by indicating that her family owns property in the area.

Motion Passed

8.2.2   (2.1) List of Approved Tree Species

Motion made by S. Turner

That, on the recommendation of the Managing Director, Planning and City Planner, the staff report dated September 10, 2018 entitled “List of Approved Tree Species PEC Deferred Matter #2” BE RECEIVED for information.   (2018-E04)

Motion Passed

8.2.3   (2.2) Passage of Heritage Designating By-law for 660 Sunningdale Road East (Relates to Bill No. 549)

Motion made by S. Turner

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the by-law appended to the staff report dated September 10, 2018, to designate the property located at 660 Sunningdale Road East, to be of cultural heritage value or interest BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018; it being noted that this matter has been considered by the London Advisory Committee on Heritage and public notice has been completed with respect to the designation in compliance with the requirements of the Ontario Heritage Act. (2018-R01)

Motion Passed

8.2.4   (2.3) Passage of Heritage Designating By-law for 2096 Wonderland Road (Relates to Bill No. 550)

Motion made by S. Turner

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the by-law appended to the staff report dated September 10, 2018, to designate the property located at 2096 Wonderland Road North, to be of cultural heritage value or interest BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018; it being noted that this matter has been considered by the London Advisory Committee on Heritage and public notice has been completed with respect to the designation in compliance with the requirements of the Ontario Heritage Act. (2018-R01)

Motion Passed

8.2.5   (2.4) Application - 1245 Michael Street (Blocks 1-5, Plan 33M-745) (P-8858)

Motion made by S. Turner

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Wastell Builders (London) Inc., to exempt lands from Part Lot Control:

a)            pursuant to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at a future Municipal Council meeting, to exempt Blocks 1-5, Plan 33M-745 from the Part Lot Control provisions of subsection 50(5) of the said Act, for a period not to exceed three (3) years; it being noted that the Applicant has requested that three separate exemption by-laws/reference plans for approval be brought forward to future meetings of the Planning and Environment Committee and Council;

b)            the following conditions of approval BE REQUIRED to be completed prior to the passage of a Part Lot Control By-law for Blocks 1-5, Plan 33M-745 as noted in clause a) above:

i)              the Applicant submit a draft reference plan to Development Services for review and approval to ensure the proposed part lots and development plans comply with the regulations of the Zoning By-law, prior to the reference plan being deposited in the land registry office;

ii)             the Applicant submits to Development Services a digital copy together with a hard copy of each reference plan to be deposited.  The digital file shall be assembled in accordance with the City of London’s Digital Submission / Drafting Standards and be referenced to the City’s NAD83 UTM Control Reference;

iii)            the Applicant submit each draft reference plan to London Hydro showing driveway locations and obtain approval for hydro servicing locations and above ground hydro equipment locations prior to the reference plan being deposited in the land registry office;

iv)           the Applicant submit to the City for review and approval prior to the reference plan being deposited in the land registry office; any revised lot grading and servicing plans in accordance with the final lot layout to divide the blocks should there be further division of property contemplated as a result of the approval of the reference plan;

v)            the Applicant shall enter into any amending subdivision agreement with the City, if necessary;

vi)           the Applicant shall agree to construct all services, including private drain connections and water services, in accordance with the approved final design of the lots;

vii)       the Applicant shall obtain confirmation from Development Services that the assignment of municipal numbering has been completed in accordance with the reference plan(s) to be deposited;

viii)          the Applicant shall obtain approval from Development Services for each reference plan to be registered prior to the reference plan being registered in the land registry office;

ix)        the Applicant shall submit to the City confirmation that an approved reference plan for final lot development has been deposited in the Land Registry Office; and,

x)         the site plan and development agreement be registered prior to passage of the exemption from part lot control by-law;

c)            the Applicant BE ADVISED that the cost of registration of this by-law is to be borne by the applicant in accordance with City policy.    (2018-D09)

Motion Passed

8.2.6   (2.6) City Services Reserve Fund Claimable Works for the SS15A Southwest Area Trunk Sewer

Motion made by S. Turner

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the subdivision agreement between The Corporation of the City of London and Colonel Talbot Developments Inc. (Auburn Developments), for construction of the SS15A Southwest Area Trunk Sewer within the Hunt Lands Subdivision:

a)  the revised Special Provisions contained in the Subdivision Agreement for construction of the SS15A Southwest Area Trunk Sewer within the Hunt Lands Subdivision (39T-12503) outlined in Section 2.0 of the staff report dated September 10, 2018, BE APPROVED;

b)  the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 10, 2018 as Appendix “A”.   (2018-F01)

Motion Passed

8.2.7   (2.7) Application - 1835 Shore Road (H-8890) (Relates to Bill No. 560)

Motion made by S. Turner

That, on the recommendation of the Senior Planner, Development Services, based on the application by Sifton Properties Limited, relating to lands located at 1835 Shore Road, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R5/R6 Special Provision (h-h-206-R5-6(10)/R6-5(42)) Zone TO a Residential R5/R6 Special Provision (R5-6(10)/R6-5(42)) Zone to remove the h and h-206 holding provisions.   (2018-D09)

Motion Passed

8.2.8   (2.8) 3105 Bostwick Road - Talbot Village Subdivision - Phase 6

Motion made by S. Turner

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Topping Family Farm Inc. for the subdivision of lands over Part of Lot 76, East of the North Branch of the Talbot Road, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of the Pack Road, east of Settlement Trail, and south of Old Garrison Boulevard, municipally known as 3105 Bostwick Road:

a)            the Special Provisions, to be contained in a Subdivision Agreement between The Corporation of the City of London and Topping Family Farm Inc., for the Talbot Village Subdivision, Phase 6 (39T-14506) appended to the staff report dated September 10, 2018 as Appendix “A”, BE APPROVED;

b)            the Applicant BE ADVISED that Development Finance has summarized the claims and revenues appended to the staff report dated September 10, 2018 as Appendix “B”;

c)            the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated September 10, 2018 as Appendix “C”;

d)            the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfil its conditions.   (2018-D09)

Motion Passed

8.2.9   (2.9) Building Division Monthly Report for July 2018

Motion made by S. Turner

That the Building Division Monthly Report for the month of July, 2018 BE RECEIVED for information.   (2018-F-21)

Motion Passed

8.2.10   (2.5) Application - 89 York Street (H-8861)

Motion made by S. Turner

That, consideration of the application by Endri Poletti Architect Inc., relating to the request to remove the h-1 and h—3 holding provisions on the property located at 89 York Street, BE POSTPONED to a future Planning and Environment Committee meeting.   (2018-D09)

Motion Passed

8.2.11   (3.1) Swimming Pool Fence By-law Amendments - City Initiated (Relates to Bill No. 551)

Motion made by S. Turner

That on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 to amend By-law No. PS-5, as amended, entitled “Swimming Pool Fence By-law” in order to amend fee Schedule “A” relating to pool fence application permits; it being noted the last swimming pool fence fee increase took place in 1997;

it being noted that no individuals spoke at the public participation meeting associated with this matter.    (2018-F21)

Motion Passed

8.2.13   (3.3) Application - 1196 Sunningdale Road West - Zoning By-law Amendment (Z-8916) (Relates to Bill No. 561) 

Motion made by S. Turner

That, on the recommendation of the Senior Planner, Development Services, based on the application by Landea Developments Inc., relating to the property located at 1196 Sunningdale Road West, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting on September 18, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R1 (hh-100R1-4) Zone and a Holding Residential R1 (h-h*-100R1-13)  Zone TO a Holding Residential R1 Special Provision (h-h-100R1-4 ()) Zone, Holding Residential R1 Special Provision (h-h-100*R1-4 ()) Zone, Holding Residential R1 Special Provision (h-h-100R1-4 (_)) Zone and a Holding Residential R1 Special Provision (h-h-100R1-13 (_)) Zone;

it being pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission regarding these matters.   (2018-D09)

Motion Passed

8.2.14   (3.4) 3493 Colonel Talbot Road (Z-8922) (Relates to Bill No. 562)

Motion made by S. Turner

That, on the recommendation of the Manager, Development Planning, based on the application by the 2219008 Ontario Ltd., c/o MHBC Planning Ltd., relating to the properties located at 3493 Colonel Talbot Road, 3418 to 3538 Silverleaf Chase, 3428 to 3556 Grand Oak Cross, 7392 to 7578 Silver Creek Crescent and 7325 to 7375 Silver Creek Circle, the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting September 18, 2018 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), FROM a Residential R1 Special Provision (R1-8(5)) Zone and a Holding Residential R1 Special Provision (hh-100R1-8(5)) TO a Residential R1 Special Provision (R1-8()) Zone and a Holding Residential R1 Special Provision (hh-100R1-8()) Zone, to permit a minimum front/exterior side yard depth of 4.5 metres for main buildings fronting a local street or secondary collector while maintaining the existing garage setback regulations, a minimum interior side yard depth of 1.2 metres; except that where no private garage is attached to the dwelling, one yard shall be 3.0 metres, a minimum rear yard depth of 7.0 metres, 35% minimum landscaped open space, and 40% maximum lot coverage;

it being pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission regarding these matters.    (2018-D09)

Motion Passed

8.2.15   (3.5) Application for Draft Plan of Vacant Land Condominium Zoning By-law Amendment - 459 Hale Street (39-CD-18503/Z-8886) (Relates to Bill No. 563)

Motion made by S. Turner

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Artisan Homes Inc., relating to the lands located at 459 Hale Street:

a)         the proposed by-law appended to the staff report dated September 10, 2018 BE INTRODUCED at the Municipal Council meeting to be held on September 18, 2018 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 (R1-5) Zone TO a Residential R6 Special Provision (R6-2(  )) Zone, to permit cluster housing in the form of single detached dwellings with a special provision to permit a minimum lot frontage of 8.0 metres and maximum density of 22 units per hectare; and,

b)         the Approval Authority BE ADVISED that the following issues were raised at the public participation meeting with respect to the application for Draft Plan of Vacant Land Condominium relating to the property located at 459 Hale Street:

i)              the provision of enhanced landscaping along the side and rear yards, in particular, the use of larger trees that would provide more of a buffer between the existing residential homes and the new homes;

ii)             the loss of privacy;

iii)            the close proximity of the proposed condominiums to the existing neighbours;

iv)           the loss of existing wildlife;

v)            the increase in noise;

vi)           the loss of view;

vii)          the need to relocate recreational equipment in backyards;

viii)         water run-off concerns;

ix)           the proposed dwellings are out of character with the existing neighbourhood;

x)            garbage collection;

it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.    (2018-D09)

Motion Passed

8.2.16   (4.1) 9th Report of the Environmental and Ecological Planning Advisory Committee

Motion made by S. Turner

That the following action be taken with respect to the 9th report of the Environmental and Ecological Planning Advisory Committee from its meeting held on August 16, 2018:

a)         C. Smith, Senior Planner, BE ADVISED of the following comments with respect to the application by Sifton Properties Limited, relating to the property located at 1877 Sandy Somerville Lane:

i)            the block be fenced with no gates;

ii)            signage be posted, with a positive message, advising why the area is environmentally significant; and,

iii)            a trail map be included on the above-noted signage;

b)         K. Oudekerk, Environmental Services Engineer, BE ADVISED that S. Hall, S. Levin and R. Trudeau, are the Environmental and Ecological Planning Advisory Committee (EEPAC) representatives on the draft Project File for the East London Sanitary Servicing Study; it being noted that the EEPAC reviewed and received a communication dated August 2, 2018, from K. Oudekerk, with respect to this matter;

c)         the Working Group comments appended to the 9th Report of the Environmental and Ecological Planning Advisory Committee, with respect to the Environmental Impact Statement and exp Hydrogeology report relating to the W3 Farms/York Developments application, relating to the properties located at 3700 Colonel Talbot Road and 3645 Bostwick Road BE FORWARDED to N. Pasato, Senior Planner, for consideration; and,

d)         clauses 1.1, 2.1, 2.2, 3.1, 3.3, 6.1 and 6.3 BE RECEIVED.

Motion Passed

8.2.17   (4.2) The City of London Boulevard Tree Protection By-law Amendments

Motion made by S. Turner

That, on the recommendation of the Managing Director, Planning and City Planner and the Managing Director, Environmental & Engineering Services and City Engineer, the following actions be taken in regards to The City of London Boulevard Tree Protection By-law:

a)    the staff report dated September 10, 2018 entitled “The City of London Boulevard Tree Protection By-law - Amendments” BE RECEIVED for information;

b)    the proposed By-law BE REFERRED to the Trees & Forest Advisory Committee for review and comment; and,

c)    the proposed By-law BE REFERRED to a public participation meeting to be held by the Planning and Environment Committee in Q1 2019 for the purpose of seeking public input and comments on the proposed By-law.   (2018-E04)

Motion Passed

8.2.19   (5.1) Deferred Matters List

Motion made by S. Turner

That the Managing Director, Development and Compliance Services & Chief Building Official and the Managing Director, Planning and City Planner, BE DIRECTED to update the Deferred Matters List to remove any items that have been addressed by the Civic Administration.

Motion Passed

8.2.12   (3.2) 147-149 Wellington Street - 253 and 257 Grey Street (Z-8905)

At 8:55 PM, Councillor T. Park leaves the meeting.

Motion made by S. Turner

That, the following actions be taken with respect to the application of JAM Properties Inc., relating to the properties located at 147-149 Wellington Street and 253-257 Grey Street:

a)          the comments received from the public during the public engagement process appended to the staff report dated September 10, 2018 as Appendix “A”, BE RECEIVED;

b)          Planning staff BE DIRECTED to make the necessary arrangements to hold a future public participation meeting regarding the above-noted application in accordance with the Planning Act, R.S.O 1990, c.P. 13; and,

c)   the Civic Administration BE REQUESTED to include, as part of any recommended bonus zoning, the provision of a portion of the total units of the proposed building as affordable housing units;

it being noted that staff will continue to process the application and will consider the public, agency, and other feedback received during the review of the subject application as part of the staff evaluation to be presented at a future public participation meeting;

it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions regarding these matters.    (2018-D09)

Motion Passed (9 to 0)

At 8:59 PM, Councillor T. Park returns to the meeting.

8.2.18   (4.3) Reinstatement of Demolition Control By-law

Motion made by S. Turner

That the communication dated August 21, 2018, from J. Grainger, President, London Region Branch, Architectural Conservancy of Ontario, with respect to their request to reinstate the Demolition Control By-law BE REFERRED to the Managing Director, Development and Compliance Services & Chief Building Official to respond directly to Ms. Grainger.     (2018-P10D)

Motion made by A. Hopkins

Seconded by S. Turner

That Item 18, clause 4.3, BE AMENDED to add the referral of the communication dated September 12, 2018 from ACO London to staff for a response.

Motion Passed (11 to 0)

Motion made by S. Turner

Seconded by H. Usher

That Item 18, as amended, BE APPROVED.

Motion Passed (11 to 0)

Item 18, as amended, reads as follows:

That the communication dated August 21, 2018, from J. Grainger, President, London Region Branch, Architectural Conservancy of Ontario, and the communication dated September 12, 2018 from J. Grainger, both with respect to their request to reinstate the Demolition Control By-law BE REFERRED to the Managing Director, Development and Compliance Services & Chief Building Official to respond directly to Ms. Grainger.

8.3   13th Report of the Community and Protective Services Committee

2018-09-11 CPSC Report 13

Motion made by M. Cassidy

That the 13th Report of the Community and Protective Services Committee BE APPROVED, excluding Item 3(3.1).

Motion Passed (11 to 0)

8.3.1   Disclosures of Pecuniary Interest

Motion made by M. Cassidy

That it BE NOTED that no pecuniary interests were disclosed

Motion Passed

8.3.2   (2.1) Contract Award - Tender No. T18-83 – Vehicle Hoist for Apparatus Repair Bay - Irregular Result

Motion made by M. Cassidy

That, on the recommendation of the Fire Chief, with the concurrence of the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the staff report dated September 11, 2018 related to a Vehicle Hoist for the Fire Station 2 Apparatus Repair Bay:

a)            the bid submitted by Garage Supply Contracting Inc., 325 Line 13 N, Oro-Medonte, Ontario N0L 1T0, at its tendered price of $190,020.00, (HST extra), BE ACCEPTED; it being noted that this is an Irregular Result under Section 8.10 (b) 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 above-noted staff report;

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

d)            the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor 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. (2018-F18)

Motion Passed

8.3.4   (4.1) Parking Permit - Overnight Parking for Health Care Workers

Motion made by M. Cassidy

That the Civic Administration BE DIRECTED to work with health care agencies in the City of London to make available parking passes, on a set term length (renewable), based on compassionate grounds where overnight care is being provided; it being noted that a communication dated September 11, 2018, from Councillors M. Cassidy and T. Park, was received with respect to this matter. (2018-T02)

Motion Passed

8.3.5   (4.2) Request for Delegation Status - A. Oudshoorn - London Homeless Coalition Update

Motion made by M. Cassidy

That the delegation request from A. Oudshoorn, with respect to an update on the London Homeless Coalition, BE APPROVED for the October 10, 2018 meeting of the Community and Protective Services Committee. (2018-S14)

Motion Passed

8.3.6   (5.1) Deferred Matters List

Motion made by M. Cassidy

That the Deferred Matters List for the Community and Protective Services Committee, as at August 31, 2018, BE RECEIVED.

Motion Passed

7.   Motions of Which Notice is Given

None.

2.   Recognitions

2.1   Recognition of City of London Employees who have achieved 25 years of service during 2018

The Mayor and Council recognize the service of the following employees:

From City Manager’s Office: Lorelei Fisher

From London Police Service: Lynn Heinitz, David Poustie, Douglas Schmidt, Stephen Stokan, Frank Torres

From Development and Compliance Services: Sean McHugh, Jay Zendrowski

From Environmental and Engineering Services: Randy Bartholomew, Wanda Clarke, Carol Hayward, Michael John Wemyss, Ryan Williams

From Finance and Corporate Services: John Devito, Mike Lawlis, Carrie Lynn McKaig, Debby Sedge

From Housing, Social Services and Dearness Home: Lynn-Marie Birkby, Angela Brock, Freedom Burgess, Robert Chatterson, Debbie Clymans, Susan Deane, Sherry Dixon-Evans, Jennifer Downie, Marcela D-Morvai, Steven Holland, Susie Izmirian, Sheri Jones, Martina Kaiser, Monique Lalonde, Mona Lang, Jen Poirier, Andrea Pounder, Janet Robertson, Terri Robertson, Bhagat (Bob) Singh, Agata Sokalski, Ewa Supinski, Anna Swirski, Witold Swirski, Wieslawa Wachowiak, Marilyn Wahl, Robert Walsh, Victoria E. M. Webster, Kellie Williams, Dorota Wojnas, Danuta Zurawski

From Human Resources and Corporate Services: Allison Snyder

From Legal and Corporate Services: Les Hutton, Christine Szela

From Neighbourhood, Children and Fire Services: Brian Aziz, Tracy Bradt, Robert Brickman, Todd Broomhead, J. Wayne Brown, John Mark Charlton, Robert Cosens, David Glenn Cowdrey, Gerard Decloux, William R. Flinn, Shawn Hannon, David Hatfield, Jim Howell, Dan Hunter, Robert P. Hunter, Jeff Johnston, Brad Judd, Brad Killeleagh, Phillip King, Wes Kirk, Frederick Lane, Derrick Martin, Tim Masterson, Jeff May, Scott Millson, Steve Phelps, Ron Prince, Steve Prior, Todd Rannie, Michael M. Scratch, Gordon H. Smith, Bradley James Tanner, Daryl Thompson, Gregory Peter Tomczyk, David Varga, Robert Warren, Gowyn Wilcox, Timothy Wilson

From Parks and Recreation Services: Bruce Matthews

Motion made by M. Salih

Seconded by T. Park

That the Council recess.

Motion Passed

The Council recesses at 7:03 PM and reconvenes at 8:09 PM, with Mayor M. Brown in the Chair and all Members present except Counillors B. Armstrong, M. Salih, J. Morgan and J. Zaifman.

9.   Added Reports

9.2   10th Report of the Strategic Priorities and Policy Committee

2018-09-17 SPPC Report 10

Motion made by V. Ridley

That the 10th Report of the Strategic Priorities and Policy Committee BE APPROVED, excluding part b) of Item 5 (3.2).

Motion Passed (11 to 0)

Motion made by V. Ridley

Motion to approve part b), of Item 5, (3.2), as follows:

b)    based on the financial and environmental benefits shown by the modelling done by CUTRIC, electrification of London’s Bus Rapid Transit system BE ENDORSED-IN-PRINCIPLE;

Motion Passed (9 to 2)

9.2.1   (1.1) Disclosures of Pecuniary Interest

Motion made by V. Ridley

That it BE NOTED that Councillor J. Morgan disclosed a pecuniary interest in parts of clause 3.2 of this report, having to do with a presentation related to Bus Rapid Transit, by indicating that his employer, Western University, has previously stated preferences related to this matter in terms of desired vehicle requirements.

Motion Passed

9.2.2   (2.1) London Community Grants Program Innovation and Capital Funding Allocations (2019)

Motion made by V. Ridley

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the staff report dated September 17, 2018 providing an update on the London Community Grants Program:

a)    the above-noted report BE RECEIVED; and,

b)    the Mayor BE REQUESTED to forward a letter of thanks to the Community Review Panel members who supported the London Community Grants Program from 2016 to 2019, for their work in reviewing and approving applications under the program.

Motion Passed

9.2.3   (2.2) Service Review Initiatives 2018 Update

Motion made by V. Ridley

That, on the recommendation of the City Manager and the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated September 17, 2018 regarding an update on 2018 service review initiatives BE RECEIVED for information.

Motion Passed

9.2.4   (3.1) Amendments to Consolidated Fees and Charges By-law

Motion made by V. Ridley

That, on the recommendation of the City Clerk, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law appended to the staff report dated September 17, 2018 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on September 18, 2018 for the purpose of repealing By-law No. A-52, as amended, being “A by-law to provide for Various Fees and Charges” and replacing it with a new Fees and Charges By-law that adds and adjusts certain fees and charges for services or activities provided by the City of London;

it being noted that the Strategic Priorities and Policy Committee received a communication dated September 13, 2018 from B. Veitch, President, London Development Institute with respect to this matter;

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 regarding this matter.

Motion Passed

9.2.5   (3.2) Dr. Josipa Petrunic, Executive Director and Chief Executive Officer, Canadian Urban Transit Research and Innovation Consortium - Rapid Transit

That the following actions be taken with respect to the presentation of J. Petrunic, Canadian Urban Transit Research and Innovation Consortium (CUTRIC), related to the potential electrification of the rapid transit project:

a)    the attached presentation from Dr. J. Petrunic, Executive Director and Chief Executive Officer, Canadian Urban Transit Research and Innovation Consortium with respect to Rapid Transit BE RECEIVED;

b)    based on the financial and environmental benefits shown by the modelling done by CUTRIC, electrification of London’s Bus Rapid Transit system BE ENDORSED-IN-PRINCIPLE;

c)    the Civic Administration BE DIRECTED to continue working with the London Transit Commission and  Canadian Urban Transit Research & Innovation Consortium (CUTRIC) on economic modelling for electrification, including maintenance; and,

d)     the Civic Administration BE DIRECTED to work with the London Transit Commission and the Canadian Urban Transit Research & Innovation Consortium (CUTRIC) on securing funding and partnerships that would allow London to implement electric buses as part of London’s Bus Rapid Transit.

9.2.6   (4.1) London Convention Centre Board Appointments

Motion made by V. Ridley

That the City Clerk BE DIRECTED to bring forward to a future meeting of Municipal Council a by-law to incorporate the changes to the London Convention Centre Corporation By-law as requested in the communication dated September 5, 2018 from L. Da Silva.

Motion Passed

9.2.7   (5.1) Core Area Informed Response

Motion made by V. Ridley

The attached presentation by the City Manager regarding Core Area Informed Response BE RECEIVED.

Motion Passed

9.2.8   (5.2) 12th Report of the Governance Working Group

Motion made by V. Ridley

That the following actions be taken with respect to the 12th Report of the Governance Working Group from its meeting held on September 17, 2018:

a)           the following actions be taken with respect to updating the terms of reference and mandate of the Striking Committee:

i)            the attached, revised, proposed by-law BE INTRODUCED at a future meeting of the Municipal Council, to amend By-law No. CPOL.-59(a)-401, Council Policy, “General Policy for Advisory Committees” by deleting section 4.3 Resignations and Appointments, and section 4.4 Eligibility for Appointment and replacing them with new sections 4.3 and 4.4 to incorporate the following amendments:

  • three additional Members-at-large to the membership composition;

  • requirement that Striking Committee members not be applicants for any of the Committees whose membership is recommended for appointment by the Striking Committee, or for the city Agencies, Boards or Commissions; and,

  • remove a former member of municipal council from the membership composition;

ii)             subject to the approval of part a), above, the City Clerk BE DIRECTED to take the necessary actions, including a public participation meeting before the Corporate Services Committee, to amend the Council Procedure By-law to reflect the proposed changes; and

b)             clause 1.1 BE RECEIVED.

Motion Passed

9.1   16th Report of Council in Closed Session

2018-09-18 Council Minutes 16 - Released in Public

PRESENT:  Mayor M. Brown, Councillors M. van Holst, B. Armstrong, M. Salih, J. Helmer, M. Cassidy, P. Squire, P. Hubert, A. Hopkins, V. Ridley, S. Turner, H. Usher, T. Park and J. Zaifman.

ABSENT:  Councillor J. Morgan.

ALSO PRESENT:  M. Hayward, M. Balogun, A.L. Barbon, G. Belch, B. Card, B. Coxhead, O. Katolyk, G. Kotsifas, D. O’Brien, C. Saunders, B. Warner, B. Westlake-Power and G. Zhang.

Motion made by V. Ridley

1.         Lease Amending Agreement – 355 Wellington Street – Citi-Plaza

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 Lease Amending Agreement attached as Schedule “A” between I. F. Propco Holdings (Ontario) 31 Ltd. (the “Landlord”) and the City, for the lease of office space at 355 Wellington Street, known as Citi Plaza BE APPROVED.

2.         Property Acquisition – 2531 Bradley Avenue – Industrial Land Purchase Strategy

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the acquisition of the property located at 2531 Bradley Avenue:

a)           the offer submitted by Gerd Verres (the “Vendor”) to sell to the City land municipally known as 2531 Bradley Avenue, located on the south side of Bradley Avenue and east of Veteran’s Memorial Parkway, further described Part of Lot 4, Concession 2, as in 830581; together with 142557, formerly in the Town of Westminster now In the City of London, County of Middlesex, being PIN 081970026 and Part of Lot 4, Concession 2 As In 830581; together with 142557, formerly in the Town of Westminster now in the City of London, County of Middlesex, being PIN 081970027, containing an area of approximately 45.9 acres, for the purpose of the development of the future Innovation Park Phase V, for the sum of $2,708,100.00 BE APPROVED, subject to the following conditions:

i)                   the City having until January 31, 2019 to examine title to the Property and at its own expense and to satisfy itself that there are no outstanding work orders or deficiency notices affecting the Property;

ii)                  the City having until January 31, 2019 to carry out geotechnical, soil, water, species at risk, and environmental tests satisfactory to the City;

iii)                 the City having until January 31, 2019 to satisfy itself in its sole and absolute discretion as to the archaeological outcome of the Property;

iv)                 the City having until January 31, 2019 to satisfy itself with the Storm Water Management Review and approvals for a new road crossing along the Hydro One transmission corridor;

v)                  the City having until January 31, 2019 to obtain, at its expense, the appropriate amendments to the Official Plan and Zoning By-Law necessary for the Purchase to develop and use the property for an industrial use;

vi)                 the City agrees to prepare and deposit on title, on or before the closing and at its expense, a reference plan describing the Property;

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

Motion Passed (11 to 0)

10.   Deferred Matters

None.

11.   Enquiries

Councillor M. Cassidy enquires with respect to July Council direction related to the application for the property located at 230 North Centre Road directing staff to continue to work with the applicant and the community. The Managing Director Planning, City Planner, notes that the report coming forward to the next Planning and Environment Committee meeting will have a description of the work that has been undertaken, including the changes to the proposed development.

Councillor M. van Holst enquires with respect to the need for a higher degree of maintenance on the Veteran’s Memorial Parkway.  The Managing Director, Parks and Recreation notes various steps taken, and that work is underway with the community.

12.   Emergent Motions

None.

At 9:21 PM, Councillor V. Ridley leaves the meeting.

13.   By-laws

Motion made by H. Usher

Seconded by P. Hubert

That Introduction and First Reading of Bill No.’s 546 to 563 and the Added Bill No.’s 564 to 566, BE APPROVED.

Motion Passed (10 to 0)

Motion made by M. van Holst

Seconded by M. Cassidy

That Second Reading of Bill No.’s 546 to 563 and the Added Bill No.’s 564 to 566, BE APPROVED.

Motion Passed (10 to 0)

Motion made by A. Hopkins

Seconded by T. Park

That Third Reading and Enactment of 546 to 563 and the Added Bill No.’s 564 to 566, BE APPROVED.

Motion Passed (10 to 0)

The following by-laws are enacted as by-laws of The Corporation of the City of London:

Bill No. 546

By-law No. A.-7775-472

A by-law to confirm the proceeding of the Council Meeting held on the 18th day of September, 2018. (City Clerk)

Bill. No. 547

NOT USED

Bill No. 548

By-law No. CPOL.-378-473

A by-law to adopt a new Council policy entitled “Access and Privacy Policy”. (2.1/16/CSC)

Bill No. 549

By-law No. L.S.P.-3476-474

A by-law to designate 660 Sunningdale Road East to be of cultural heritage value or interest. (2.2/14/PEC)

Bill No. 550

By-law No. L.S.P.-3477-475

A by-law to designate 2096 Wonderland Road North to be of cultural heritage value or interest. (2.3/14/PEC)

Bill No. 551

By-law No. PS.-5-18005

A By-law to amend By-law PS-5 entitled “A by-law to provide for the owners of privately-owned outdoor swimming pools to erect and maintain fences.” (3.1/14/PEC)

Bill No. 552

By-law No. PS.-113-18026

A by-law to amend By-law PS-113 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (2.2/12/CWC)

Bill No. 553

By-law No. S.-5950-476

A by-law to assume certain works and services in the City of London. (Tennent Subdivision - 33M-668) (Chief Surveyor)

Bill No. 554

By-law No. S.-5951-477

A by-law to assume certain works and services in the City of London. (Claybar Subdivision - Phase 1, Stage 1) (Chief Surveyor)

Bill No. 555

By-law No. S.-5952-478

A by-law to assume certain works and services in the City of London. (Claybar Subdivision - Phase 2) (Chief Surveyor)

Bill No. 556

By-law No. S.-5954-479

A by-law to assume certain works and services in the City of London. (Claybar Subdivision - Phase 3, Stage 1) (Chief Surveyor)

Bill No. 557

By-law No. S.-5955-480

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway. (as part of Kleinburg Drive). (Chief Surveyor - for the purpose of unobstructed legal access thoughout the subdivision)

Bill No. 558

By-law No. S.-5956-481

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Whetter Avenue, west of Thompson Road) (Chief Surveyor - pursuant to Consent B.044-14)

Bill No. 559

NOT USED

Bill No. 560

By-law No. Z.-1-182688

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for lands located at 1835 Shore Road. (2.7/14/PEC)

Bill No. 561

By-law No. Z.-1-182689

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1196 Sunningdale Road West. (3.3/14/PEC)

Bill No. 562

By-law No. Z.-1-182690

A by-law to amend By-law No. Z.-1 to rezone properties located at 3493 Colonel Talbot Road, 3418 to 3538 Silverleaf Chase, 3428 to 3556 Grand Oak Cross, 7392 to 7578 Silver Creek Crescent and 7325 to 7375 Silver Creek Circle. (3.4/14/PEC)

Bill No. 563

By-law No. Z.-1-182691

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 459 Hale Street. (3.5/14/PEC)

Bill No. 564

By-law No. A-53

A by-law to provide for Various Fees and Charges and to repeal By-law A-52 being “A by-law to provide for Various Fees and Charges”.

Bill. No. 565

By-law No. A.-7776-482

A By-law to authorize and approve the Lease Amending Agreement for office space leased at 355 Wellington Street, known as Citi Plaza, and to authorize the Mayor and City Clerk to execute the Lease Amending Agreement between The Corporation of the City of London and I. F. Propco Holdings (Ontario) 31 Ltd. (6.1/16/CSC)

Bill No. 566

By-law No. A.-7777-483

A by-law to authorize and approve an Agreement of Purchase and Sale between The Corporation of the City of London and Gerd Verres, for the acquisition of property located at 2531 Bradley Avenue, in the City of London, for industrial land strategy development, and to authorize the Mayor and the City Clerk to execute the Agreement. (6.2/16/CSC)

14.   Adjournment

Motion made by: M. Cassidy

Seconded by: S. Turner

That the meeting adjourn.

Meeting adjourns at 9:24 PM.