Council

MINUTES

12TH MEETING

May 6, 2014

The Council meets in Regular Session in the Council Chambers this day at 4:06 PM.

PRESENT: Mayor J.F. Fontana, B. Armstrong, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White and C. Saunders (City Clerk).

ABSENT:  J.L. Baechler.

ALSO PRESENT: A. Zuidema, G. Belch, J. Braam, K. Chambers, C. Colvin, B. Coxhead, S. Datars Bere, K. Dawtrey, J. Freeman, J.M. Fleming, T. Grawey, N. Hall, M. Hayward, G.T. Hopcroft, O, Katolyk, L. Livingstone, V. McAlea Major, R. Paynter, J. Smout, L.M. Rowe and B. Westlake-Power.

At the beginning of the Meeting all Members are present except Councillors B. Armstrong, J. L. Baechler, D. Brown and J.B. Swan.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor N. Branscombe discloses a pecuniary interest in clause 6 of the 13th Report of the Corporate Services Committee, having to do with the 2014 Provincial General Election Candidate Questionnaire, by indicating that she is a candidate in that Election.

Councillor J.P. Bryant discloses a pecuniary interest in clause 6 of the 13th Report of the Corporate Services Committee, having to do with the 2014 Provincial General Election Candidate Questionnaire, by indicating that she is a candidate in that Election.

Councillor M. Brown discloses a pecuniary interest in clause 15 of the 8th Report of the Civic Works Committee, having to do with a request for additional sidewalks in the W. Sherwood Fox Public School area, by indicating that the Thames Valley District School Board is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause 9 of the 9th Report of the Community and Protective Services Committee, having to do with the need for a public elementary school in the Summerside neighbourhood, by indicating that the Thames Valley District School Board is his employer.

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

1.

10th Report of the Community and Protective Services Committee

IV

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor S. Orser and seconded by Councillor S.E. White to Approve that Council rise and go into Committee of the Whole, in camera, for the following reasons.

a)

A matter pertaining to advice subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the appeal by Bre-Ex Construction Inc. regarding Tender 14-08: 2014 Infrastructure Lifecycle Renewal Program, Contract #1 - Simcoe and Henry Street under section 2.9 of the City of London Procurement of Goods and Services Policy. (C1/13/CSC)

b)

A matter pertaining to litigation or potential litigation with respect to the appeal of Lafarge to the Ontario Municipal Board, Case No. PL100732 concerning conditions of consent approval for the property municipally known as 2538 Sunningdale Road; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the appeal of Lafarge to the Ontario Municipal Board, Case No. PL100732 with respect to a condition of consent approval for the property municipally known as 2538 Sunningdale Road. (C1/8/PEC)

c)

A matter pertaining to personal matters about identifiable individuals, including municipal or local board employees; advice and recommendations of officers and employees of the Corporation and communications necessary for that purpose; employee negotiations; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C2/13/CSC)

d)

(ADDED) A matter pertaining to advice subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the food truck by-law process.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

8th Report of the Planning and Environment Committee

10.

Blackfriars/Petersville Heritage Conservation District Plan and Conservation Guidelines and Official Plan Amendments to Implement District (OZ-8295)

Motion made by Councillor B. Polhill and seconded by Councillor P. Hubert to Approve that clause 10 be amended as follows:

i)          by amending part a) by adding the words “revised attached” after the word “proposed”   and by deleting the words “as appended to the revised staff report dated April 29, 2014”; and ,

ii)        by amending part b) by adding the word “revised attached” after the word “proposed” and by deleting the words “as appended to the revised staff report dated April 29, 2014”.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

Motion made by Councillor J.P. Bryant and seconded by Councillor B. Polhill to Approve clause 10, as amended.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

V

RECOGNITIONS

1.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to the London Rowing Society.

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE ELEVENTH MEETING HELD ON APRIL 15, 2014

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve the Minutes of the 11th Meeting held on April 15, 2014. 

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

VII

COMMUNICATIONS AND PETITIONS

Motion made by Councillor P. Hubert and seconded by Councillor D. Brown to Approve referral of Communication Nos. 1, 2 and 3, as noted on the Agenda and Added Agenda.

1.

Managing Director, Environmental & Engineering Services & City Engineer - Gore Road Bridge Replacement (Tender No. 14-28) (Refer to the Civic Works Committee Stage for Consideration with Clause 3 of the 8th Report of the Civic Works Committee.)

2.

C. Creighton, UTRCA - Blackfriars/Petersville Heritage Conservation District Plan and Conservation Guidelines and Official Plan Amendments to Implement District (OZ-8295) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 10 of the 8th Report of the Planning and Environment Committee.)

a)

(ADDED) Managing Director, Planning and City Planner

3.

G. Hopcroft, Director, Intergovernmental and Community Liaison - 2014 Ontario Provincial General Election Candidate Questionnaire (Refer to the Corporate Services Committee Stage for Consideration with Clause 6 of the 13th Report of the Corporate Services Committee.)

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

8th Report of the Civic Works Committee

Motion made by Councillor H.L. Usher to Approve clauses 1 to 16, excluding clauses 3, 12 and 15.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Changes to the Flood Deductible at Wastewater Facilities

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated April 28, 2014, with respect to Changes to the Flood Deductible at Wastewater Facilities, BE RECEIVED for information. (2014-L19)

4.

Supply of Turbo Blower Systems for Vauxhall, Adelaide and Oxford Wastewater Treatment Plants

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and delivery of five (5) turbo blower systems for Vauxhall, Adelaide and Oxford Wastewater Treatment Plants, RFP14-04:

a)         the quoted price of $742,000.00 excluding HST, as submitted by APGN Inc., BE ACCEPTED;

b)         the funding for this purchase BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated April 28, 2014;

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,

d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval.  (2014-F17)

5.

Rail Safety Week

That, on the recommendation of the Director, Roads and Transportation, the staff report dated April 28, 2014, with respect to Rail Safety Week, BE RECEIVED for information.  (2014-P15)

6.

Richmond Street North Pedestrian Crossing Environmental Assessment Study Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the appointment of a consultant for the Richmond Street North Pedestrian Crossing Environmental Assessment (PD2043):

a)    AECOM, BE APPOINTED Consulting Engineers to complete the Environmental Assessment Study for Richmond Street North Pedestrian Crossing, in the amount of $199,550.00 excluding HST, in accordance with Section 15.2 (d) 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 April 28, 2014;

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

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; and,

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-A05)

7.

Appointment of Consulting Engineer for Engineering Services for the Functional and Detailed Design of the Hyde Park No. 5 SWMF (ESSWM-HP5)

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to appointment of a consultant for Engineering Services Functional & Detailed Design of the Hyde Park No. 5 SWM Facility:

a)         AECOM Canada Ltd. BE APPOINTED to carry out the functional and detailed design of the Hyde Park No. 5 Stormwater Management Facility (ESSWM-HP5) in the total amount of $249,597.00, including contingency, excluding HST; in accordance with Section 15.2(d) of the Procurement of Goods and Services Policy;

b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated April 28, 2014;

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.  (2014-AO5)

8.

Transportation Energy Optimization Plan (TEOP)

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to Light Emitting Diode (LED) street lights:

a)         the implementation of an LED Street Light Upgrade Program BE APPROVED IN PRINCIPLE, subject to a business case being provided, as part of the 2015 Budget process, outlining capital and operating financial considerations;

b)         the Civic Administration BE AUTHORIZED to enter into a contract with RealTerm Energy, at a cost of $90,000.00 excluding HST, for the purchase of the street light mapping, data collection, photometric design and technical review related to the LED street light conversion project, in accordance with Procurement of Goods and Services Policy Section 14.4 Single Source, clauses e) and g); it being noted that this data will be used to populate the City of London’s Corporate Asset Management Database and will also provide the data necessary to develop a comprehensive business case in support of an LED Street Light Upgrade Program;

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

d)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval;

e)         the financing for this project BE APPROVED as identified in the Sources of Financing Report appended to the staff report dated April 28, 2014;

f)         the proposed street light design criteria appended to the staff report dated April 28, 2014, BE CIRCULATED to interested stakeholder for comments; and,

g)         the Civic Administration BE DIRECTED to report back at a future meeting of the Civic Works Committee summarizing the stakeholders’ comments and formalizing new street light design criteria adopting LED street lights as the only approved fixture for new construction and new developments.  (2014-T11)

9.

Amendments to the Traffic and Parking By-law

Recommendation:  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 April 28, 2014, BE INTRODUCED at the Municipal Council meeting to be held on May 6, 2014 for the purpose of amending the Traffic and Parking By-law; it being noted that Part 2 “No Stopping” of the Background Section of the staff report should read “Except Saturday, September 1st.”  (P.S. 111);

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith: 

S. Smith, 124 Bruce Street – stating that the no stopping seems to relate to the request of residents on Regis Avenue and noting that in Appendix “A” you are adding no parking to Stephen Street; indicating that it seems that the City is extending the distance from 118 metres up to 162 metres, and this strikes her as being piecemeal and that it is not clear to her that this request and the change to the school loading zone is coming from the School Board; enquiring what liaison would be undertaken with current and future property owners; stating that the menu of addresses appears to be both residential and commercial and asking for assurance that the residential properties referenced in Byron haven’t  been cherry picked; requesting supporting information that the request came through the proper channels through the School Board, as opposed to the Transit Commission; stating that it smells like it’s been cherry picked and asking for an explanation; advising she is not comfortable with the answers provided by the Division Manager, Roadway Lighting and Traffic Control; and requesting a referral back; indicating that the City initiated the discussion and it doesn’t relate to the survey of the people on Regis Street.  (2014-C01)

10.

Amendments to the Streets By-law and the Various Fess and Charges By-law

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-laws appended to the staff report dated April 28, 2014 BE INTRODUCED at the Municipal Council meeting to be held on May 6, 2014 for the purpose of amending the Streets By-law (S-1) and the Various Fees and Charges By-Law (A-47), in order to incorporate fees and charges currently contained in the Streets By-law into the Various Fees and Charges By-law, which will significantly reduce the potential for inconsistency and increase the efficiency in updating those fees and charges, as required;

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith: 

Susan Smith, 124 Bruce Street – indicating that if the amendment to the by-law is passed at the Municipal Council meeting of May 6, 2014, a retroactive application of the fees listed in the schedule doesn’t seem appropriate but should be amended to the specific date the by-law is amended; requesting that an amendment be made specific to that new schedule so that it does not apply to any of the properties enumerated in item 9; and requesting confirmation that there would be no additional amendments with respect to moving these items to another by-law within the next five years.  (2014-C01)

11.

4th Report of the Transportation Advisory Committee

That the following actions be taken with respect to the 4th Report of the Transportation Advisory Committee (TAC), from its meeting held on April 1, 2014:

a)         the following actions be taken with respect to the 2014 Thames Region Ecological Association Bicycle Festival:

i)          clause 1, part a) BE APPROVED, subject to confirmation of whether or not funding is being provided from any other City funding sources; and,

ii)         the City Clerk BE REQUESTED to develop a process to ensure that all requests for funding from an advisory committee include disclosure as to whether or not any additional City funding is being received from another source; it being noted that part a) reads as follows:

“a) that, notwithstanding part 11(e)(iii) of clause 5(16) of the Policy Manual, which indicates that financial grants/contributions or awards to third party individuals, organizations or groups shall be directed to the appropriate Civic Department to be addressed through the approval and reporting processes already established by the Municipal Council for those situations and due to the timing of the establishment of the Cycling Advisory Committee, the amount of $1,500.00 to support the 2014 Thames Region Ecological Association Bicycle Festival BE APPROVED from the Transportation Advisory Committee’s (TAC) 2014 Budget; it being noted that the TAC has funded the TREA Bicycle Festival for a number of years in an effort to educate the public on different modes of transportation; it being further noted that the Transportation Advisory Committee received communications from D. Szoller, TREA, with respect to this matter;

b)         clauses 1b), 1c) and clauses 2 to 9 BE RECEIVED.

13.

Council Resolution for Green Energy London Co-Operative Inc. (GEL) goal to conduct a Neighbourhood Energy Reduction London Action Plan Field Test In the City of London

That the communication dated April 16, 2014, received from S. O’Neill and D. Szoller, requesting a Council resolution with respect to the Green Energy London Cooperative Inc.’s (GEL) goal to conduct a Neighbourhood Energy Reduction Action Plan Field Test in London, BE REFERRED to the Civic Administration for consideration as part of the Community Energy Action Plan; it being noted that the Civic Administration will consult with GEL when considering the GEL’s request.  (2014-E19)

14.

Pedestrian Rail Safety

That the communication dated April 17, 2014, received from D. Davy, with respect to Pedestrian Rail Safety, BE REFERRED to the Civic Administration to consult with Ms. Davy and report back to the Civic Works Committee with respect to the outcome of the consultation with Ms. Davy.   (2014-T08)

16.

Proposed Improved Signage and Road Markings

That it BE NOTED that Councillor S. Orser enquired about the possibility of improving signage and road markings in the area of Belfield Street and Huron Street for the pedestrian crossing.  The Managing Director, Environmental and Engineering Services and City Engineer advised that he would ensure this work was included in his service area’s work plan.

3.

Gore Road Bridge Replacement (Tender No. 14-28)

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Amend clause 3 by deleting part c) in its entirety and by replacing it with the following new part c):

“c)        the funding for the project BE APPROVED as set out in the Sources of Financing Report attached as Appendix “A”;

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

Motion made by Councillor H.L. Usher and seconded by Councillor B. Polhill to Approve clause 3, as amended.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

12.

Beaverbrook and Riverside - High Density Traffic Zone Safety Issues

That the communication dated April 28, 2014, received from Councillor J.L. Bryant and Councillor P. Hubert, with respect to high density traffic zone safety issues at Beaverbrook Avenue and Riverside Drive, BE REFERRED to the Civic Administration for report back as soon as possible with an alternate plan, notwithstanding previous reports on this matter; it being noted that the Civic Administration will consult with both Councillor J.L. Bryant and Councillor P. Hubert as part of the review. (2014-T08)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

15.

Additional Sidewalks in the W. Sherwood Fox Public School Area

That the Civic Administration BE REQUESTED to report back at a future meeting of the Civic Works Committee with respect to the actions that will be taken in response to concerns raised by residents in the area of W. Sherwood Fox Public School regarding the need for additional sidewalks. 

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

RECUSED: M. Brown (1)

8th Report of the Planning and Environment Committee (continued)

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

5th Report of the Advisory Committee on the Environment

That the 5th Report of the Advisory Committee on the Environment from its meeting held on April 2, 2014 BE RECEIVED.

3.

Property located at 193 Clarke Road - Notice of Appeal to the Ontario Municipal Board (Z-8143)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED, in response to a letter of appeal to Zoning By-law No. Z.-1-142259 for the property located at 193 Clarke Road, that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it; it being noted that a letter of appeal dated February 24, 2014, submitted by Debbie Newman and Lynn Johnston, was received for information regarding this matter.  (2014-L01/D14)

4.

Properties located at 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street - Notice of Appeal to the Ontario Municipal Board (OZ-7965)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED, in response to letters of appeal to Official Plan Amendment No. 564 and Zoning By-laws Z.-1-142261, Z.-1-142262, Z.-1-142263, and Z.-1-142264 for the properties located at 1607, 1609, 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street, that the Municipal Council has reviewed its decision relating to this matter and sees no reason to alter it; it being noted that the follow letters of appeal were received for information regarding this matter:

a)         a communication dated February 27, 2014, submitted by McKenzie Lake Lawyers, LLP, on behalf of Richmond Medical Centre Inc.; and,

b)         a communication submitted by Cercelli Law, on behalf of Anthony Cercelli.   (2014-L01/D14)

5.

Property located at 29 Dunkirk Place

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the application of Robert Arntfield and Arntfield Medicine Professional Corporation, relating to the property located at 29 Dunkirk Place:

a)         the proposed by-law, as appended to the staff report dated April 29, 2014, BE INTRODUCED at the Municipal Council meeting to be held on May 6, 2014, to deem part of Lots 28 and 33, and all of Lots 29, 30, 31 and 32 in Registered Plan of Subdivision No. 448(C) not to be in a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act;

b)         the City Clerk BE DIRECTED to provide notice of the by-law passing and undertake registration of the Deeming By-law, in accordance with the provisions in subsections 50(28) and 50(29) of the Planning Act; and

c)         the applicant BE REQUIRED to pay for any costs incurred to register the deeming by-law at the land registry office.   (2014-C01)

6.

Residential Driveway Widths (Z-8316)

That, on the recommendation of the Manager, Development Services and Planning Liaison, the Civic Administration BE DIRECTED to report back at a public participation meeting of the Planning and Environment Committee on proposed amendments to the Zoning By-law to introduce new regulations relating to driveway and parking area widths for single, semi-detached, duplex or converted two unit dwellings, for street orientated townhouse dwellings in a cluster form and street townhouses; it being noted that the subject report and draft amendments will be circulated to The Urban League of London, the London Home Builders Association, the London Development Institute and others for input and comment.    (2014-D14)

7.

Annual Report on Building Permit Fees

That, on the recommendation of the Managing Director, Development and Compliance Services & Chief Building Official, the report, dated April 29, 2914, with respect to the building permit fees collected and the costs of the administration and enforcement of the Building Code Act and regulations for the year 2013 BE RECEIVED.   (2014-P10)

8.

Building Division Monthly Report for March 2014

That the Building Division Monthly Report for March 2014 BE RECEIVED.  (2014-D00)

9.

5th Report of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 5th Report of the London Advisory Committee on Heritage from its meeting held on April 9, 2014:

a)            NO ACTION BE TAKEN with respect to the Heritage Alteration Permit Application relating to the property located at 465 Waterloo Street, as the applicant has withdrawn the application;

b)            on the recommendation of the Managing Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Farhi Holdings Inc., requesting permission for an alteration to the designated heritage property located at 151 Dundas Street BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed signage alteration and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation, is negligible;

c)            on the recommendation of the Managing Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of M. Duffy / V. Zoccano, (2044583 Ontario Ltd.), requesting permission for a second structure to be erected on the designated heritage property located at 390 Princess Avenue BE APPROVED, subject to the following conditions:

i)          prior to the issuance of a building permit for the proposed second building, professional architectural drawings, consistent with Appendix 2, implementing Schedule A, By-Law Z-1-122150, for the new structure, be provided and approved for a building permit; and,

ii)         the drawings, noted in i), above, be to the satisfaction of the City Planner;

           it being noted that the Heritage Planner has reviewed the proposed apartment building and has advised that the impact of the requested additional structure on the heritage features of the streetscape is consistent with the Conservation Guidelines for the West Woodfield Heritage Conservation District;

d)            that clauses 4 to 8, inclusive, of the 5th Report of the LACH BE RECEIVED;

it being noted that PEC heard a verbal presentation from Wes Kinghorn, Chair, LACH, with respect to these matters.

11.

Request to start the May 13, 2014 Planning and Environment Committee meeting at 4:30 PM

That, notwithstanding Section 24.11 of the Council Procedure By-law, the May 13, 2014 meeting of the Planning and Environment Committee commence at 4:30 PM.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

9th Report of the Community and Protective Services Committee

Motion made by Councillor M. Brown to Approve clauses 1 to 8, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor M. Brown disclosed a pecuniary interest in clause 9 of this Report, having to do with the need for a public elementary school in the Summerside neighbourhood, by indicating that the Thames Valley District School Board is his employer. 

2.

5th Report of the Animal Welfare Advisory Committee

That the 5th Report of the Animal Welfare Advisory Committee, from its meeting held on April 3, 2014, BE RECEIVED.

3.

5th Report of the London Housing Advisory Committee

That the 5th Report of the London Housing Advisory Committee, from its meeting held on April 9, 2014, BE RECEIVED.

4.

Homelessness Partnering Strategy - Designated Communities -  Community Entity - Funding Agreement

That, on the recommendation of the Managing Director Neighbourhood, Children and Fire Services, the proposed by-law, as appended to the staff report dated April 28, 2014, BE INTRODUCED at the Municipal Council meeting to be held on May 6, 2014 to:

a)         approve the Funding Agreement to be entered into between The Corporation of the City of London and Her Majesty the Queen in Right of Canada, as represented by the Federal Minister of Employment and Social Development Canada, for funding under the Homelessness Partnering Strategy (HPS) for the Homelessness Partnering Strategy – Designated Communities – Community Entity – Funding Agreement:

b)         authorize the Mayor and the City Clerk to execute the Agreement; and,

c)         delegate to the City Manager and the Managing Director, Neighbourhood, Children and Fire Services, or their designates, signing authority regarding budgets, cash flows, other financial reporting including financial claims, and directions, consents and other authorizations as may be required in order to permit auditors to discuss its reports with representatives of Canada and provide any requested information to them in relation to the audit pursuant to the Agreement, provided that the monetary amounts do not exceed the maximum amount of Canada’s contribution specified in the Agreement.   (2014-L04)

5.

Public Submission - Eliminating Waitlists for Development Services

That the communication, dated April 11, 2014, with respect to the elimination of waitlists for developmental services, BE RECEIVED. (2014-S12)

6.

Amendments to Various Fees and Charges By-law and the Yard and Lot Maintenance By-law to Add a Fee for the Retrieval of Abandoned Shopping Carts

That NO ACTION BE TAKEN with respect to the proposed fee for the retrieval of abandoned shopping carts; it being noted that the Civic Administration will report back to the Community and Protective Services Committee should new and/or significant issues arise related to this matter; it being pointed out that there were no public submissions made at the public participation meeting associated with this matter. 

7.

Food Truck Amendments to Business Licensing By-law L-6, Including General Provisions Report

That the proposed amendment to By-law L-6, to provide for a new category, associated regulations and fee schedule for refreshment vehicles operating on City property and the attached comments received at the public participation meeting,  BE REFERRED to a special meeting of the Community and Protective Services Committee, to be held prior to the May 6th Council meeting, in order to consider a revised by-law which would address the following:

a)         a limit on the number of total trucks for 2014 to a maximum of 12, to be determined by a 'lottery' similar to other licensing;

b)         consideration of removing Richmond Street in its entirety and including areas outside of the Downtown; and,

c)         an evaluation and review of the program in the late Fall 2014, for further refinements for a 2015 program, including, but not limited to, such additional considerations as menu selection, diversity in menus, review of menus by an advisory committee of volunteers with appropriate backgrounds, as well as potential locations throughout City parks.

(2014-C01)

8.

Old East Village BIA Request for Signage within the Community Improvement Plan Area

That the communication dated April 11, 2014, from S. Merritt, Manager, Old East Village BIA, with respect to proposed signage for the Old East Village district BE REFERRED to the Civic Administration in order to assist in the co-ordination of the request and necessary approvals and to permit the installation as requested; it being noted that the Community and Protective Services Committee received an information report dated April 28, 2014 from the Managing Director, Development & Compliance Services and Chief Building Official, and a verbal presentation from S. Merritt, with respect to this matter.(2014-C01)

9.

Need for Public Elementary School in the Summerside Neighbourhood

That the communication dated April 15, 2014, from A. Martin, related to the need for a public elementary school in the Summerside neighbourhood BE NOTED AND FILED.  (2014-S13)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

RECUSED: M. Brown (1)

10th Report of the Community and Protective Services Committee

1.

Disclosures of Pecuniary Interest

2.

Requested Changes to Food Truck By-law

Motion made by Councillor P. Van Meerbergen and seconded by Councillor D.G. Henderson to Amend clause 2 as follows:

i)          in part a) iv), by deleting the words "be permitted on Richmond Street" and by replacing them with the words "not be permitted within the area bounded by the Thames River, Central, Wellington and York Streets"; and

ii)         in part a) v), by deleting the number "eight (8)" in the second line and by replacing with the number "six (6)".

IV

COMMITTEE OF THE WHOLE, IN CAMERA (continued)

d)

(ADDED) A matter pertaining to advice subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the food truck by-law process.

10th Report of the Community and Protective Services Committee (continued)

Motion made by Councillor H.L. Usher and seconded by Councillor S. Orser to Refer clause 2 back to the Civic Administration for further consideration of all matters noted during the debate of this matter, and to incorporate a more fulsome map depicting the designated areas.

Motion Failed

YEAS: B. Polhill, B. Armstrong, S. Orser, D.G. Henderson, P. Van Meerbergen, H.L. Usher, S.E. White (7)

NAYS: J.F. Fontana, J.B. Swan, N. Branscombe, M. Brown, P. Hubert, D. Brown, J.P. Bryant (7)

Motion Failed

YEAS: J.F. Fontana, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, H.L. Usher, S.E. White (7)

NAYS: B. Polhill, B. Armstrong, N. Branscombe, M. Brown, P. Hubert, D. Brown, J.P. Bryant (7)

Motion Failed

YEAS: J.F. Fontana, N. Branscombe, M. Brown, P. Hubert, D. Brown, J.P. Bryant (6)

NAYS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, H.L. Usher, S.E. White (8)

13th Report of the Corporate Services Committee

Motion made by Councillor J.P. Bryant to Approve clauses 1 to 17, excluding clause 6.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J.P. Bryant disclosed a pecuniary interest in clause 6 of this Report having to do with the 2014 Ontario Provincial General Election Candidate Questionnaire, by indicating that she has declared herself a candidate in that Election.

2.

City Initiated Assessment Appeals

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, Finance staff BE AUTHORIZED to proceed with appeals under the Assessment Act for the properties as set out in Schedule “A”, appended to the staff report dated April 29, 2014.

3.

Vehicle Lease Agreement - Fleet Services and London Animal Care Centre and Services Policy

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the proposed by-law appended to the staff report dated April 29, 2014 BE INTRODUCED at the Municipal Council meeting to be held on May 6, 2014 to:

a)         approve a Vehicle Lease Agreement, appended to the above-noted by-law as Schedule 1, between The Corporation of the City of London and London Animal Care Centre (LACC) for the lease of City-owned vehicles described as;

- 2006 Ford F150 Pick-up, VIN# 1FTRF12296NB35399

- 2006 Ford E150 Full Size Van, VIN # 1FTRE14W36DB22737

- 2006 Ford E150 Full Size Van, VIN # 1FTRE14W56DB22738

- 2006 Ford E150 Full Size Van, VIN # 1FTRE14W76DB22739

- 2006 Ford E150 Full Size Van, VIN # 1FTRE14W36DB22740

- 2006 Ford E150 Full Size Van, VIN # 1FTRE14W56DB22741

b)         authorize the Mayor and the City Clerk to execute the lease agreement noted in a), above.

4.

2013 Compliance Report in Accordance with the Procurement of Goods and Services Policy

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the report dated April 29, 2014, regarding the timeline for the 2013 compliance report in accordance with the Procurement of Goods and Services Policy, BE RECEIVED for information.

5.

Transfer of Donated Funds to Mayor's Sustainable Energy Council

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the Civic Administration BE AUTHORIZED to transfer donated funds of $5,000 to the London Economic Development Corporation to support the activities of the Mayor’s Sustainable Energy Council (MSEC).

7.

London Hosting of Federation of Canadian Municipalities (FCM) 2015 sustainable Communities Conference and Trade Show

That, on the recommendation of the Director of Intergovernmental and Community Liaison, up to $76,000 in conference organizing costs for London’s hosting of the Federation of Canadian Municipalities 2015 Sustainable Communities Conference and Trade Show BE APPROVED; it being noted that this will be offset through sponsorships and any remaining balance can be accommodated within the 2014 and 2015 operating budgets.

8.

Request for Tender 14-08: 2014 Infrastructure Lifecycle Renewal Program Contract #1, Simcoe Street and Henry Street

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the appeal under Section 2.9 of the Procurement of Goods and Services Policy by Bre-Ex Construction Inc., with respect to the Request for Tender 14-08: 2014 Infrastructure Lifecycle Renewal Program Contract #1, Simcoe Street and Henry Street, BE DENIED; it being noted that the Corporate Services Committee heard a verbal delegation from Curtis Brekelmans and Chris Brekelmans, representing Bre-Ex Construction Inc., with respect to the appeal.

9.

Required Expenditure for HVAC Unit

That Covent Garden Market Corporation BE AUTHORIZED to spend an amount of approximately $50,000 to replace one of the roof-top heating/air conditioning units utilized by Covent Garden Market Corporation.

10.

Consideration of Appointment to the Animal Welfare Advisory Committee

That Kaylie MacIntosh BE APPOINTED as a Voting Member-at-Large on the Animal Welfare Advisory Committee, for the term ending February 28, 2015.

11.

Consideration of Appointment to the Community Safety and Crime Prevention Advisory Committee

That Robert Barber, representative of Neighbourhood Watch London, BE APPOINTED as a Voting Member on the Community Safety and Crime Prevention Advisory Committee, for the term ending February 28, 2015.

12.

Consideration of Appointments to the Transportation Advisory Committee

That the following individuals BE APPOINTED as Voting Members on the Transportation Advisory Committee, for the term ending February 28, 2015:

•           Greg Thompson (Representative of the Urban League of London)

•           Julian Pecchia (Representative of the Canadian Automobile Association (CAA))

13.

Consideration of Appointment to the London Diversity and Race Relations Advisory Committee

That Joseph Nsabimana, representative of the ACFO de London-Sarnia, BE APPOINTED as a Voting Member on the London Diversity and Race Relations Advisory Committee, for the term ending February 28, 2015.

14.

Consideration of Appointments to the Cycling Advisory Committee

That the following individuals BE APPOINTED to the Cycling Advisory Committee for the term ending February 28, 2015:

Voting:

•           Gary Brown (Member-at-Large)

•           Charlene Quirk (Member-at-Large)

•           William Pol  (Cycling Club with a Membership in the Ontario Cycling Association)

•           Kevin Yaraskavitch (London Cycle Link)

•           George Sinclair (Urban League of London)

•           Maureen Zunti (London Development Institute)

•           Kevin Labonte (Thames Region Ecological Association)

•           Ian Dantzer (London Chamber of Commerce)

Non-Voting:

•           Sergeant Gary Strang (London Police Service)

•           Mary Lou Albanese (Middlesex-London Health Unit)

•           Paul Dubniak (London Transit Commission)

15.

2014 Debenture Issue Update

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2014 debenture issue:

a)         the issue of a ten-year serial debenture for $30,000,000 BE APPROVED; it being noted that the average all-in-rate is 2.957%; and

b)         the proposed by-law appended to the staff report dated April 29, 2014 BE INTRODUCED at the Municipal Council meeting of May 6, 2014 for three readings to authorize the borrowing upon serial debentures for a ten-year term for $30,000,000 towards the cost of certain capital works of The Corporation of the City of London;

it being noted that the Corporate Services Committee heard a verbal delegation from Grant Berry, Managing Director, RBC Capital Markets, regarding the debenture issuance and general market conditions and forecasts. 

16.

Ombudsman Ontario - Closing Letter re: Industrial Land Strategy

That the communication dated April 24, 2014, from Y. Heggie, Early Resolution Officer, Open Meeting Law Enforcement Team, regarding the outcome of their review of a complaint about a closed meeting held with respect to the City’s Industrial Land Development Strategy, BE RECEIVED.

17.

Ombudsman Ontario - Closing Letter re: Fire Services

That the communication dated April 24, 2014, from Y. Heggie, Early Resolution Officer, Open Meeting Law Enforcement Team, regarding the outcome of their review of a complaint about a closed meeting alleged to have been held with respect to the Fire Services Budget, BE RECEIVED.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

6.

2014 Ontario Provincial General Election Candidate Questionnaire

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown Amend clause 6 by deleting part a) in its entirety and by replacing it with the following new part a):

“a)       the following three additional questions and those contained in the staff report dated April 29, 2014 BE APPROVED:

i)          How will you and your Party ensure that energy prices in Ontario are competitive with the North American market?

ii)         How will you and your Party improve mental health and addictions services so that people can be supported effectively and not be discharged to homeless shelters without any support?  What will you and your Party do to ensure a “housing first approach is taken for Ontario’s most vulnerable mental health and addictions population?

iii)         How will you and your Party work with London and other corridor communities to support moving forward with frequent High Speed Rail service between London, Kitchener-Waterloo, Pearson and Toronto?;

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

RECUSED: N. Branscombe (1)

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser to Approve that pursuant to section 13.6 of the Council Procedure By-law, that reconsideration of clause 6 be given  to correct a voting error.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

RECUSED: N. Branscombe, J.P. Bryant (2)

Motion made by Councillor S.E. White and seconded by Councillor S. Orser to Amend clause 6 by deleting part a) in its entirety and by replacing it with the following new part a):

“a)       the following three additional questions and those contained in the staff report dated April 29, 2014 BE APPROVED:

i)          How will you and your Party ensure that energy prices in Ontario are competitive with the North American market?

ii)         How will you and your Party improve mental health and addictions services so that people can be supported effectively and not be discharged to homeless shelters without any support?  What will you and your Party do to ensure a “housing first approach is taken for Ontario’s most vulnerable mental health and addictions population?

iii)         How will you and your Party work with London and other corridor communities to support moving forward with frequent High Speed Rail service between London, Kitchener-Waterloo, Pearson and Toronto?;  

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

RECUSED: N. Branscombe, J.P. Bryant (2)

Motion made by Councillor H.L. Usher and seconded by Councillor S. Orser to Approve clause 6, as amended.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)

RECUSED: N. Branscombe, J.P. Bryant (2)

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

XIII

BY-LAWS

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

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve First Reading and Introduction of Bill No.s 234 to 253, including the revised Bill No.s 240 and 242. 

Motion Passed

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve Second Reading of Bill No.s 234 to 253, including the revised Bill No.s 240 and 242. 

Motion Passed

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment of Bill No.s 234 to 253, including the revised Bill No.s 240 and 242. 

Motion Passed

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

Bill No. 234

By-law No. A.-7107-172

A by-law to confirm the proceedings of the Council Meeting held on the 6^th day of May, 2014. (City Clerk)

Bill No. 235

By-law No. A.-7108-173

A By-law to approve the Funding Agreement with Her Majesty the Queen in Right of Canada, as represented by the federal Minister of Employment and Social Development Canada under the Homelessness Partnering Strategy; and to authorize the Mayor and City Clerk to execute the Agreement. (4/9/CPSC)

Bill No. 236

By-law No. A.-5273(cq)-174

A by-law to amend By-law No. A.-5273-82 entitled, “A by-law to appoint Municipal Law Enforcement Officers for the City of London.” (Manager, Municipal Law Enforcement- Parking & Licensing)

Bill No. 237

By-law No. A-47-14003

A by-law to amend By-law A-47 being “A By-Law to provide for Various Fees and Charges” as it relates to fees for roadways. (10/8/CWC)

Bill No. 238

By-law No. A.-7109-175

A by-law to authorize and approve the Vehicle Lease Agreement with London Animal Care and Control (LACC); and to authorize the Mayor and the City Clerk to execute the Agreement. (3/13/CSC)

Bill No.239

By-law No. C.P.-1493-176

A by-law to deem a portion of Registered Plan No. 448(C) not to be a registered plan of subdivision for the purposes of subsection 50(3) of the Planning Act, R.S.O. 1990, c. P13. (5/8/PEC)

Bill No. 240

By-law No. C.P.-1284(uh)-177

A by-law to amend Section 13 (Heritage Resources) of the Official Plan for the City of London, 1989 to add the Blackfriars/Petersville Heritage Conservation District. (10/8/PEC)

Bill No. 241

By-law No. D.-769-178

A by-law to authorize the borrowing upon intstalment debentures in the aggregate principal amount of $30,000,000.00 towards the cost of certain capital works of The Corporation of The City of London. (15/13/CSC)

Bill No. 242

By-law No. L.S.P.-3437-179

A by-law to designate a heritage conservation district known as Blackfriars/Petersville. (10/8/PEC)

Bill No. 243

By-law No. PS-111-14131

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (9/8/CWC)

Bill No. 244

By-law No. S-1-14013

A by-law to amend By-law S-1 being “A by-law to provide for the Regulation of Streets in the City of London” (10/8/CWC)

Bill No. 245

By-law No. S.-5650-180

A by-law to stop up and close part of Colborne Street and the Colborne Street Diversion. (Chief Surveyor)

Bill No. 246

By-law No. S.-5651-181

A by-law to stop up and close part of Hill Street. (Chief Surveyor)

Bill No. 247

By-law No. S.-5652-182

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Veterans Memorial Parkway, south of Dundas Street) (Chief Surveyor)

Bill No. 248

By-law No. S.-5653-183

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Southdale Road East, west of White Oak Road and as widening to Southdale Road East and White Oak Road) (Chief Surveyor)

Bill No. 249

By-law No. S.-5654-184

A by-law to assume certain works and services in the City of London. (Andover Trails Subdivision – Phase 1) (City Solicitor)

Bill No. 250

By-law No. S.-5655-185

A by-law to assume certain works and services in the City of London. (Andover Trails Subdivision – Phase 2) (City Solicitor)

Bill No. 251

By-law No. S.-5656-186

A by-law to repeal By-law No. S.-5564-169 entitled “A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway (as widening to Asima Drive)” (Chief Surveyor)

Bill No. 252

By-law No. S.-5657-187

A by-law to stop up and close part of Asima Drive. (Chief Surveyor)

Bill No. 253

By-law No. W.-5557-188

A by-law to authorize the Hyde Park Industrial Subdivision – Watermain (Project No. EW3804) (7/7/CWC)

IV

COMMITTEE OF THE WHOLE, IN CAMERA (continued)

c)

A matter pertaining to personal matters about identifiable individuals, including municipal or local board employees; advice and recommendations of officers and employees of the Corporation and communications necessary for that purpose; employee negotiations; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C2/13/CSC)

11th Report of the Committee of the Whole

XIV

ADJOURNMENT