Council

MINUTES

20TH MEETING

July 29, 2014

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

PRESENT:  Mayor J. Baechler, Councillors B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, and S.E. White and C. Saunders (City Clerk).

ALSO PRESENT: A. Zuidema, R. Andrusevich, J.P. Barber, G. Belch, J. Braam, G. Bridge, H. Chapman, C. Colvin, B. Coxhead, S. Datars Bere, A. Dunbar, J.M. Fleming, K. Graham, G. Kotsifas, A. Hagan, G.T. Hopcroft, J. Kobarda, L. Livingstone, L. Palarchio, V. McAlea Major, L. M. Rowe, M. Tomazincic, B. Warner, B. Westlake-Power.

At the beginning of the Meeting all Members are present, except Councillors D.G. Henderson and P. Van Meerbergen.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor N. Branscombe discloses a pecuniary interest in clause 3 of the 16th Report of the Strategic Priorities and Policy Committee, having to do with an appointment to the Greater London International Airport Board of Directors, by indicating that her spouse sits on that Board of Directors.

Councillor J.B. Swan discloses a pecuniary interest in clause 5 of the 10th Report of the Investment and Economic Prosperity Committee, having to do with a Mixed-Use Development, including a Performing Arts Centre, by indicating that his employer, Orchestra London, is involved in this project.

Councillor J.P. Bryant discloses a pecuniary interest in clause C-1 of the 10th Report of the Investment and Economic Prosperity Committee, having to do with a matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the London Medical Innovation and Commercialization Network Grant Agreement, by indicating that her spouse is on the faculty of Western University. Councillor J.P. Bryant further discloses a pecuniary interest in clause 4 of the 10th Report of Investment and Economic Prosperity Committee, having to do with the London Medical Innovation and Commercialization Network Grant Agreement, by indicating that her spouse is on the faculty at Western University.  Councillor J.P. Bryant further discloses a pecuniary interest in clause 3 of the 10th Report of the Investment and Economic Prosperity Committee, having to do with the Western University and Western University Research update, by indicating that her spouse is on the faculty at Western University.

Councillor M. Brown discloses a pecuniary interest in clause 8 of the 16th Report of the Strategic Priorities and Policy Committee, having to do with appointments to the London Public Library Board, by indicating that S. Courtice, one of the requested appointees, is doing some volunteer work for him at this time.  Councillor M. Brown further discloses a pecuniary interest in clause C-1 of the 14th Report of the Community and Protective Services Committee, having to do with a matter to be considered in a meeting closed to the public as the subject matter being considered pertains to personal matters about an identifiable individual, including municipal or local board employees, as it relates to the awarding of the 2014 Queen Elizabeth Scholarships, by indicating that the Thames Valley District School Board (TVDSB) is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause 10 of the 14th Report of the Community and Protective Services Committee, having to with the Thames Valley District School Board (TVDSB) and the City of London Joint Use of Facilities Agreement, by indicating that TVDSB is his employer.   

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

1.

14th Report of the Planning and Environment Committee

2.

16th Report of the Strategic Planning and Policy Committee

IV

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor D. Brown and seconded by Councillor N. Branscombe to Approve that Council rise and go into to Committee of the Whole, in camera, for purposes of considering the following:

a)

A matter to be considered in a meeting closed to the public as the subject matter being considered pertains to personal matters about an identifiable individual, including municipal or local board employees.

(C-1/14/CPSC)

b)

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. (C-1/19/CSC)

c)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to the London Medical Innovation and Commercialization Network Grant Agreement. (C-1/10/IEPC)

d)

A matter pertaining to litigation affecting the municipality, specifically an outstanding motion by AAR-CON Enterprises Corporation and Sifton Properties Limited to the Ontario Municipal Board, File No. PL030543, for an Order extending draft plan approval for a further 3 years; and advice that is subject to solicitor-client privilege, including communications necessary for that purpose relating to a proposed motion before the Ontario Municipal Board. (C-1/13/PEC)

e)

A matter pertaining to advice subject to solicitor-client privilege, including communications necessary for that purpose, and advice with respect to litigation with respect to various personal injury and property damage claims against the City. (C-2/19/CSC)

f)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, respecting the City of London entering into confidentiality agreements related to City projects or programs. (C-1/3/AC)

g)

A matter pertaining to personal matters, including information regarding identifiable individuals, including municipal employees, with respect to employment related matters, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and advice which is subject to solicitor client privilege.

(C-3/19/CSC)

h)

A  matter pertaining to employee negotiations and personal matters, including information regarding identifiable individuals, including former municipal employees, with respect to employment related matters, a matter pertaining to litigation or potential litigation, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and advice which is subject to solicitor client privilege. (C-4/19/CSC)

i)

A matter pertaining to personal matters, including employee negotiations and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose.

(C-2/3/AC)

j)

A matter pertaining to labour relations and employee negotiations in regard to one of the Corporation’s associations or unions and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality and communications necessary for that purpose. (C-5/19/CSC)

k)

(ADDED) A matter pertaining to personal matters, including information regarding an identifiable individual, including a municipal employee, with respect to employment related matters, 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.                (C-1/16/SPPC)

V

RECOGNITIONS

1.

Her Worship the Mayor presents a plaque to the "London's Community Featured Organization", McIntosh Gallery.

2.

Her Worship the Mayor announces the naming of "Harry Geris Park".

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SIXTEENTH, EIGHTEENTH AND NINETEENTH MEETINGS HELD ON JUNE 24, 2014, JUNE 25, 2014 AND JULY 21, 2014, RESPECTIVELY.

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve the Minutes of the 16th Meeting held on June 24, 2014, the 18th Meeting held on June 25, 2014 and the 19th Meeting held on July 21, 2014.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

VII

COMMUNICATIONS AND PETITIONS

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Approve receipt and referral of the following Communications, as noted on the Agenda.   

1.

P. Hinde, 2353034 Ontario Ltd. - 7th and 8th Reports of the London Advisory Committee on Heritage (Refer to the Planning and Environment Committee Stage for consideration with clause 16 of the 13th Report of the Planning and Environment Committee.)

2.

S. Mahadevan, Wood Bull LLP - Properties located at 51 and 99 Exeter Road (OZ-8324) (Refer to the Planning and Environment Committee Stage for consideration with clause 30 of the 13th Report of the Planning and Environment Committee.)

3.

(ADDED) P. Wiebe, Uplands Community - Property located at 2118 Richmond Street (OZ-7890) (Refer to the Planning and Environment Committee Stage for consideration with clause 29 of the 13th Report of the Planning and Environment Committee.)

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

MAYOR'S OPENING REMARKS

At 5:15 PM Her Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

At 5:18 PM Her Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.

X

REPORTS

10th Report of the Investment and Economic Prosperity Committee

Motion made by Councillor J.B. Swan to Approve clauses 1 and 2.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary in clause 5 of this Report having to do with a Mixed-Use Development Including a Performing Arts Centre, by indicating that his employer, Orchestra London, is involved in this project.

2.

150th Anniversary of Canada Celebration Funding Request

That, on the recommendation of the City Manager, the following actions be taken with respect to the London Celebrates Canada request for ongoing operational funding for the 150th Anniversary of Canada Celebration in 2017:

a)         the London Celebrates Canada Business Plan for the 150th Anniversary of Canada Celebration, attached as Appendix “A” to the staff report dated July 21, 2014 BE RECEIVED for consideration;

b)         London Celebrates Canada, which is a not-for-profit incorporated organization of volunteers BE PROVIDED with  ongoing operational funding for four years from 2014 to 2017, for the purpose of hiring the 150th Anniversary of Canada Coordinator, as follows, to be reduced by any Federal funding that may become available:

2014 $10,000

2015 $40,000

2016 $40,000

2017 $40,000

c)         the London Heritage Council BE PROVIDED with $10,000 in ongoing operational funding for four years from 2014 to 2017 to cover  administration expenses and  supervision of the 150th Anniversary of Canada Coordinator;

d)         the City of London Culture Office BE DIRECTED to oversee the administration the 150th Anniversary of Canada Celebration for the City of London; it being noted that the Office would oversee the Strategic Funding Framework Agreement with London Celebrates Canada, and the Culture Office already holds a long-term service agreement with the London Heritage Council; and

e)         the City of London Culture Office, together with its community partners London Celebrates Canada and the London Heritage Council BE REQUESTED to report back in the future with a detailed Operational Programming Plan and funding request for London’s 150th Anniversary of Canada for the year 2017; it being noted that a London Celebrates Canada will engage other community organizations and prepare an action plan for this celebration.  (2014-F11A)

3.

Western University and Western University Research Parks Progress Report

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 Western University and Western University Research Parks update:

a)         the staff report dated July 21, 2014 BE RECEIVED for information; and

b)         the Civic Administration BE REQUESTED to report back on this matter every six months, rather than quarterly, as previously directed by Council. (2014-D02)

Motion made by Councillor P. Hubert and seconded by Councillor J.B. Swan to Approve that pursuant to section 13.8 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of October 1, 2013, with respect to part c) of clause 2 of the 11th Report of the Investment and Economic Prosperity Committee (IEPC), related to the reporting back to the IEPC on the timelines and progress with proposed projects in the Western University Research Parks BE RECONSIDERED to provide for reporting back to occur every six months, rather than quarterly.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)

RECUSED: J.P. Bryant (1)

4.

London Medical Innovation and Commercialization Network - Grant Agreement

That, on the recommendation of the Managing Director, Corporate Services, Chief Financial Officer and City Treasurer, the following actions be taken with respect to the London Medical Innovation and Commercialization Network:

a)         the proposed by-law, included as Appendix A to the staff report dated July 21, 2014, BE INTRODUCED at the Council meeting of July 29, 2014 to:

(i)         authorize and approve a Grant Agreement (Appendix B to the staff report dated July 21, 2014) for the London Medical Innovation and Commercialization Network, attached as Schedule “A” to the by-law; and

(ii)        authorize the Mayor and the City Clerk to executive the Agreement authorized and approved in a) i), above; and,

b)         the financing for this project, in the amount of $10 million, BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “C” to the staff report dated July 21, 2014.  (2014-L04A)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)

RECUSED: J.P. Bryant (1)

5.

Mixed - Use Development Including a Performing Arts Centre: Business Plan Proposed Conditions - Update (Managing Director, Corporate Services and City Treasurer and Chief Financial Officer)

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to a Mixed-Use Development, including a Performing Arts Centre:

a)         the Civic Administration BE AUTHORIZED to expand the scope of the work being undertaken by Novita to perform a thorough review of the business plan submitted by the project proponents, to also include undertaking the following, which will assist in the development and evaluation of a business plan:

            i)          market analysis;

            ii)         facility program and design criteria;

            iii)         site analysis and criteria; and,

b)         the proponents BE REQUESTED to seek the financial support of the Provincial and Federal Governments on the basis that the City of London is giving serious consideration to a Mixed-Use Development, including a Performing Arts Centre; it being noted that the City’s approval of the project would be subject to the provision of a satisfactory business plan which would, at a minimum, address the components outlined in Appendix “B” to the staff report dated July 21, 2014;

it being noted that the Investment and Economic Prosperity Committee heard the attached presentation from the Managing Director, Corporate Services and City Treasurer/Chief Financial Officer with respect to this matter. (2014-M16)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

NAYS: S. Orser (1)

19th Report of the Corporate Services Committee

9.

Request for Support for Fanshawe College London Downtown Campus - Phase ll

Based on the directions of Council with respect to revitalizing the Downtown through the Downtown Master Plan and consistent with the recommendations of the draft Downtown Master Plan, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the City Manager and the Managing Director of Planning and City Planner, the following actions be taken:

a)         the information attached as Appendix “A” to the staff report dated July 22, 2014 with respect to the economic development reserve fund BE RECEIVED; it being noted that the additional grant request of $10 million and the additional annual tax back grant of $75 per student ($75,000) can be accommodated as a draw against the economic development reserve fund without additional contributions from the tax levy or affecting current commitments;

b)         the additional $10 million grant over ten years, to be paid following the start of construction and the additional potential annual tax back grant ($75 per student) to cover the additional potential 1,000 students, BE APPROVED; and

c)         the Civic Administration BE AUTHORIZED to negotiate all necessary agreements and undertake all necessary administrative actions to effect the grants;

it being noted that P. Devlin, President, Fanshawe College, gave the attached presentation with respect to this matter.

Motion made by Councillor S. Orser and seconded by Councillor J.B. Swan to Approve that the matter of funding for the Fanshawe College London Downtown Campus – Phase II BE REFERRED back to staff for further review, in conjunction with consideration of funding for any other educational projects.

At 6:18 PM, Her Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

At 6:26 PM, Her Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

Motion Failed

YEAS: J. Baechler, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (7)

NAYS: B. Polhill, B. Armstrong, J.B. Swan, S. Orser, P. Van Meerbergen, D. Brown, S.E. White (7)

13th Report of the Planning and Environment Committee

29.

Property located at 2118 Richmond Street (OZ-7890)

That, further to the direction of Council on March 21, 2012, the following actions be taken with respect to the application of 1705820 Ontario Limited (York Developments) relating to the property located at 2118 Richmond Street:

(a)          the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on July 29, 2014 to amend the Official Plan BY ADDING a specific policy to Section 3.5 – Policies for Specific Residential Areas.

(b)          the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on July 29, 2014 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan as amended in part (a) above, to change the zoning of the subject property FROM an Urban Reserve (UR1) Zone, TO a Holding Residential R6/ Residential R8 Bonus (h•h-5•h-11•R6-5/R8-4•B-__) Zone;

(c)          pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the recommended base zone has been previously considered at a public meeting, and the recommended bonus provision effectively implements the proposed development while providing certainty and clarity as to the final result.

(d)          the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

              i)        explore opportunities to better integrate the mechanical penthouse with the overall architectural design of the building in order to reduce the bulky appearance of mechanical penthouse and achieve a cohesive building design;

             ii)        ensure the design of the corner plaza is seamlessly integrated with the landscape treatment along Sunningdale Road East between the townhouses and the property line. Include features such as planters, planting beds, benches, pedestrian scale lighting, and hardscapes in order for this space to act as a private-public space;

            iii)        ensure the north and east elevations of the proposed townhouses are developed with wall articulations, material changes and where possible include fenestration in order to reduce the appearance of large blank facades;

           iv)        consider refinements to the Richmond Street three-storey tower base by strengthening the relationship between the tower’s base and the townhouse elevations in order for the base of tower to be further distinguished from the middle and top;

            v)        maintain a lay out of the development’s main drive aisle, passenger drop-off and parking areas in order to reduce the amount of asphalted area and increase the amount of landscaped amenity area, while ensuring opportunities are maintained for future access to and from the site via the properties to the north and east that have not yet been developed;

           vi)        the provision of site and exterior building lighting solutions to minimize the impact on the single detached residential properties on the south side of Sunningdale Road East; and

          vii)        confirmation of the existing location of the centerline of the Imperial Oil pipeline to ensure building setback requirements are met, noting this is a requirements of the Zoning By-law.

Motion made by Councillor P. Hubert and seconded by Councillor J.P. Bryant to Approve that the rezoning application submitted by 1705820 Ontario Limited (York Developments), relating to the property located at 2118 Richmond Street, BE REFERRED back to the Managing Director, Planning and City Planner to facilitate a further conversation between the applicant, the community and Planning staff in order to seek a more agreeable solution, with a report back on the matter to the Planning and Environment Committee, prior to the end of September, or sooner if possible.

Motion Passed

YEAS: J. Baechler, B. Armstrong, J.B. Swan, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)

NAYS: B. Polhill, S. Orser, W.R. Monteith (3)

14th Report of the Community and Protective Services Committee

12.

By-law Amendments for Expanded Animal Welfare Initiatives

That, on the recommendation of the Managing Director, Development & Compliance Services and Chief Building Official, the following actions be taken to amend various City of London by-laws in order to support enhanced animal care strategies and implement City Council’s first principle of “no kill” and open shelter policy:

a)         the proposed by-law, Appendix A to the staff report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to amend By-law No. PH-3, Animal Control to implement the following animal welfare initiatives: increased pet limits for cats; new citizen clause;  increased exemption period for licensing of new born animals; allow discretion of licensing fee amnesty periods; add provisions related to microchips as a form of identification for cats in place of cat identification tags; and the inclusion of fostering regulations; and to amend fees and charges related to cat registration fees within Schedule “A” attached to the by-law;

b)         the proposed by-law, Appendix B to the staff report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to amend By-law No. PH-4, Dog Licensing & Control to implement the following animal welfare initiatives: increased pet limits for dogs; new citizen clause; increased exemption period for licensing of new born animals; and allow discretion of licensing fee amnesty periods; redefine “at large” in response to a citizen concern; revised wording regarding muzzling to clarify when a Notice of Caution will be issued, and the inclusion of fostering regulations; and to amend fees and charges related to dog registration licensing fees within Schedule “A” attached to the by-law;

c)         the proposed by-law, Appendix C to the staff report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to amend By-law No. PH-5, Public Pound By-law to reflect name and position changes due to organizational restructuring, and to update the means of maintaining the Poundkeeper’s records;

d)         the information on by-law wording related to “owners” and “ownership” versus “guardian” and “guardianship” BE RECEIVED; and,

e)         the information on mandatory spay and neuter BE RECEIVED;  

it being noted that the Community and Protective Services Committee received a written submission from J. Lochhead, 102-852 Kipps Lane, with respect to this matter; and,

it being pointed out that the attached public comments were received at the public participation meeting held in connection with this matter.   (2014-C01/P14)

Motion made by Councillor N. Branscombe and seconded by Councillor B. Armstrong to Approve that parts a) and b) of the clause be referred back to the Community and Protective Services Committee (CPSC) for further review and refinement of the revised proposed by-laws with respect to a complete exemption from pets limits for London foster homes that have been approved by one of the rescue organizations recognized by the City of London.

The motion to Approve parts c), d) and e) of clause 12 is put.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (11)

NAYS: S. Orser (1)

12th Report of the Civic Works Committee

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

1st Report of the Cycling Advisory Committee

That the 1st Report of the Cycling Advisory Committee, from its meeting held on June 18, 2014, BE RECEIVED.

3.

6th Report of the Transportation Advisory Committee

That the 6th Report of the Transportation Advisory Committee, from its meeting held on June 10, 2014, BE RECEIVED.

4.

Ash Hauling from Greenway Pollution Plant Irregular Result (Tender 14-75)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for ash hauling from the Greenway Pollution Plant:

a)         the bid submitted by Classic Excavating Inc., at their tendered price of $80.00 per hour per Tandem Tri-axle Truck with Operator, $135.00 per hour for Loader with Operator and $55.00 per hour for Labourer, excluding H.S.T., BE ACCEPTED; it being noted that the bid submitted by Classic Excavating Inc. was an irregular result (only one bid received) but came in below the estimated expenditure and meets the City's specifications and requirements in all areas;

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

c)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2014-L04)

5.

2014 Ridout Street Brick Sewer Rehabilitation RFP No. 14-23 - Irregular Result

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for the construction of the Ridout Street Brick Sewer Rehabilitation:

a)         the proposal submitted by Liqui-Force Services, at its price of $1,609,137.50, excluding H.S.T., for the construction of the Ridout Street Brick Sewer Rehabilitation BE ACCEPTED; it being noted that Liqui-Force Services was the only contractor to respond to a Request for Proposal and their submission meets the City's specifications and requirements in all areas;

b)         the financing for this project BE APPROVED as set out in the Source of Financing Report appended to the staff report dated July 21, 2014;

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

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project.  (2014-L04)

6.

Long-Term Large Diameter Pipe Inspection Strategy and Single Source Procurement EW3717, EW3717-14

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Director of Water and Wastewater, the following actions be taken with respect to a Long-Term Pipeline Inspection Strategy and the award of single source contracts for the inspection and condition assessment of pipelines:

a)         the Long-Term Pipeline Inspection Strategy BE APPROVED as outlined in the Executive Summary dated June 26, 2014 and titled City of London, Trunk Water Main Management Plan;

b)         the contract value for Pure Technologies Ltd., BE APPROVED in accordance with section 14.4(e) of The Corporation of the City of London’s Procurement of Goods and Services Policy, in the amount of $1,076,660.00, excluding H.S.T., and including a $50,000.00 contingency, to inspect and provide a condition assessment for the Arva-Huron pipeline in 2014;

c)         the contract value for Pure Technologies Ltd., BE APPROVED, in accordance with section 14.4(e) of The Corporation of the City of London’s Procurement of Goods and Services Policy, in the amount of $904,900.00, excluding H.S.T., and including a $50,000.00 contingency, to inspect and provide a condition assessment for the Elgin pipeline in 2015;

d)         the financing for these projects BE APPROVED from the current budget as set out in the Sources of Financing Report appended to the staff report dated July 21, 2014; and,

e)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these projects. (2014-F17)

7.

Commissioners Road West Reconstruction: Contract 10 - 2014 Infrastructure Lifecycle Renewal Program (Tender No. T14-07)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract for the Commissioners Road West Reconstruction: Contract 10:

a)         the Commissioners Road West Reconstruction contract with C.H. Excavating (2013) BE INCREASED by $350,000.00 to $2,765,185.24, excluding H.S.T.; and,

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated July 21, 2014.  (2014-F18)

8.

Commissioners Road West Widening Wonderland Road South to Viscount Road Consulting Engineer Assignment Increase

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Commissioners Road West Widening project from Wonderland Road South to Viscount Road:

a)         the value of the design assignment with Delcan Corporation, BE INCREASED by $159,714.00 to a new upset limit of $519,106.00, excluding H.S.T., in accordance with Section 20.3 (e) of the Procurement of Goods and Services Policy;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated July 21, 2014; and,

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2014-A05)

9.

Geotechnical and Hydrogeotechnical Investigations for Old Victoria Hospital Lands Secondary Plan Study Area

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the geotechnical and hydrogeotechnical background studies to assist the City’s Realty Services Division and Planning Services to establish land development requirements and land purchasing considerations associated with the SoHo Land within included Old Victoria Hospital Lands Secondary Plan:

a)         the consulting fees for Terraprobe BE INCREASED by $12,800.00 to a new total consulting fees upset limit of $67,938.00, excluding H.S.T., in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy for the monitoring well decommissioning works as part of the geotechnical and hydrogeotechnical background studies associated with the Old Victoria Hospital Lands Secondary Plan;

b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated July 21, 2014; and,

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2014-E20)

10.

Large Diameter Watermain Inspection: Renewal of Monitoring Contract EW3538

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Director of Water and Wastewater, the following actions be taken with respect to the ongoing condition assessment of the pipeline connecting the Arva Pumping Station to the Springbank Reservoir; it being noted that this is a sole source purchase under section 14.3 of the City’s Procurement of Goods and Services Policy:

a)         the quote submitted by Pure Technologies Ltd., for a 3-year monitoring contract for the ongoing assessment of the pipeline connecting the Arva Pumping Station to the  Springbank Reservoir, at their proposed price of $149,865.89, excluding H.S.T., per year, BE APPROVED with an option to extend the contract based on an agreed upon price in accordance with section 20.2 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 July 21, 2014; and,

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project.   (2014-L04A)

11.

Custom Steel Fabrication Joseph Adamou Steel Works Contract  Single Source Procurement

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to customized steel fabrication services:

a)         the Single Source contract with Joseph Adamou Steel Works (Steel Works) BE APPROVED for the supply of customized steel fabrication services, at an estimated annual expenditure of $135,000.00, excluding H.S.T., for a one year period; it being noted that this will be a single source contract in accordance with Section 14.4 (e) of the Procurement of Goods and Services Policy;

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

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

12.

PCP - Hauling of Biosolids - Irregular Bid (Tender 714-55)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for the hauling of biosolids:

a)         the tender submitted by Strela Trucking Ltd. at their contract price of $32,400.00 per week, excluding H.S.T., with a contract term of two (2) years and one (1) option year, BE ACCEPTED; it being noted that Strela Trucking Ltd. was the only bid received and meets the City’s terms, conditions and specifications;

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

c)         approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2014-L04)

13.

Rapid Transit Corridors Environmental Assessment Study Appointment of Consulting Engineer

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the Rapid Transit Corridors Environmental Assessment (EA):

a)         IBI Group BE APPOINTED Consulting Engineers to complete the Rapid Transit Corridors EA, in the amount of $1,930,655.00, excluding H.S.T., in accordance with Section 15.2 (e) of the Procurement of Goods and Services Policy;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated July 21, 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-T03)

14.

Appointment of Consulting Engineer for the functional and Detailed Design of the Old Victoria No. 1 Stormwater Management Facility

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to appointment of a consultant for functional and detailed design engineering services for the Old Victoria No. 1 Stormwater Management Facility:

a)         AECOM Canada Ltd. BE APPOINTED to carry out the functional and detailed design of the Old Victoria No. 1 Stormwater Management Facility (ESSWM-OV1) in the total amount of $233,506.00, including the City’s contingency, excluding H.S.T.; 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 July 21, 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-A05)

15.

Blue Box Recycling Collection and Processing Contracts

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the provision of Blue Box Collection and Processing Services by Miller Waste Systems Inc.:

a)         the renewal of the contracts with Miller Waste Systems Inc. for the collection of recyclables in the City of London and the collection of garbage and yard materials in the south portion of the City, including Lambeth, Riverbend and Settlement Trail, for one year as provided in the existing contracts BE APPROVED;

b)         the proposal submitted by Miller Waste Systems Inc. for a further eleven (11) month extension of the Blue Box and garbage and yard materials collection contracts and an additional four (4) six (6) month renewals at the City’s sole discretion BE ACCEPTED; it being noted this is a single/sole source procurement in accordance with Procurement of Goods and Services Policy, Section 14.4 (Single Source), sub-section (d) and (e); it being further noted that the Miller Waste Systems Inc. proposal includes service improvements and cost reductions that take effect immediately and aligning the Blue Box collection and recycling processing contracts is expected to provide opportunities for additional future savings by the City; 

c)         the proposed by-law appended to the staff report dated July 21, 2014 as Appendix “A” BE INTRODUCED at the Municipal Council meeting on July 29, 2014 to approve the Amending Agreements (Schedule “A” to the By-law) between The Corporation of the City of London and Miller Waste Systems Inc. to implement the changes to the collection and processing agreements in the Miller Waste Systems Inc. proposal which are noted herein;

d)         the hiring of a permanent part time (17.5 hours per week) staff person in Solid Waste Management to assist with overseeing the operation of the Manning Drive Material Recovery Facility BE APPROVED; it being noted that savings from the new agreements with Miller Waste Systems Inc. will cover the cost of the person and allow for further reductions in the budget;

e)         subject to (c) above, the Mayor and the City Clerk BE AUTHORIZED to execute the agreements with Miller Waste Systems Inc.; and,

f)         Civic Administration BE AUTHORIZED to undertake all administrative acts that are necessary in connection with this Report and the Agreements referenced herein.  (2014-E07)

16.

Community Energy Action Program

Recommendation:  That, on the recommendation of the Director, Environment, Fleet & Solid Waste the following actions be taken with respect to the Community Energy Action Program:

a)         the final Community Energy Action Plan BE APPROVED for use as a guidance document for activities over the next five years as part of a new Community Energy Action Program; it being noted that the final plan is supported by the companion documents provided to Municipal Council in December 2013:

i)          Understanding the Data;

ii)          Learning from People; and,

iii)         Reporting on Progress;

b)         the 2014/15 Community Energy Actions BE APPROVED as part of a new Community Energy Action Program;

c)         Civic Administration BE DIRECTED to prepare an implementation plan for the various activities for Fall 2014;

d)         the 2013 Community Energy & Greenhouse Gas Inventory report BE RECEIVED for information; and,

e)         the proposed by-law appended to the staff report dated July 21, 2014 as Appendix D, BE INTRODUCED at the Municipal Council meeting of July 29, 2014 to amend the Grant Agreement for GMF 10311 from the Federation of Canadian Municipalities Green Municipal Fund to change the plan completion date and second grant contribution date;

it being noted that the Civic Works Committee received the attached presentation from J. Stanford, Director, Environment, Fleet and Solid Waste with respect to this matter.  (2014-E17)

17.

Updates: Corporate Energy Management Program and Conservation and Demand Management (CDM) Plan

Recommendation:  That, on the recommendation of the Director, Environment, Fleet and Solid Waste the following actions be taken with respect to the Corporate Energy Management Program and Conservation and Demand Management (CDM) Plan:

a)         the updates to the Corporate Energy Management Program BE RECEIVED and posted on the City’s Corporate Energy Management website;

b)         the Corporate Energy Conservation and Demand Management (CDM) Plan BE APPROVED and posted on the City’s Corporate Energy Management website as per the requirements of the Ontario Ministry of Energy under the Green Energy Act, 2009; and,

c)         the remainder of this report BE RECEIVED for information;

it being noted that the Civic Works Committee received the attached presentation from J. Stanford, Director, Environment, Fleet and Solid Waste with respect to this matter.  (2014-E17)

18.

Interim Waste Diversion Plan 2014-2015

That, on the recommendation of the Director, Environment, Fleet & Solid Waste the following actions be taken with respect to the Interim Waste Diversion Plan 2014-2015:

a)         the Interim Waste Diversion Plan 2014-2015 BE RECEIVED;

b)         the establishment of a northend EnviroDepot at the Adelaide Works Yard be delayed for a minimum of two years to allow for the completion of the City Works Yard Operational and Capital Needs Assessment BE APPROVED;

c)         the increase in space of the Try Recycling North EnviroDepot to accommodate more yard materials and fall leaves for September 1, 2014 (Phase 1) and the expansion to accept household garbage (for a fee), Blue Box recyclables, electronics, tires, batteries, compact fluorescent light bulbs, empty oil & antifreeze containers and propane tanks on or before April 1, 2015 (Phase 2) BE APPROVED; it being noted that the operating costs have already been budgeted for;

d)         an increase of $60,000 per year in the contract with Try Recycling Inc. dated September 28, 2009 BE APPROVED to cover the increased operating costs of the Try Recycling North EnviroDepot until December 30, 2016; in accordance with Procurement of Goods and Services Policy, Section 20.3 (Contract Amendments), sub-section (e) (ii); 

e)         the provision of two Blue Boxes (instead of one) at no cost to newly constructed homes beginning August 1, 2014 BE APPROVED; it being noted that the additional cost of $5,000.00 per year for  the second Blue Box can be accommodated within the existing operating budget by reallocating funds from broader community outreach to focused initiatives;

f)         the selling of recycling carts to multi-residential buildings at cost as of January 1, 2015 BE APPROVED;

g)         the addition of mixed polycoat (e.g., hot/cold beverage cups, ice cream tubs) and blister packaging to the Blue Box program beginning October 1, 2014 BE APPROVED subject to approval of the extension of the Blue Box collection contract with Miller Waste Systems Inc.; it being noted that these items are being added to the recycling program at no additional cost;

h)         the Civic Administration BE DIRECTED to prepare and submit to Civic Works Committee in the Fall 2014:

i)          a report examining the advantages and disadvantages of reduced container limits for garbage;

ii)         a business plan for a community composting pilot project;

iii)        a business plan for a food waste reduction pilot project, and,

iv)        a report examining the implementation of incentives programs that encourage recycling including the Gold Box program; and,

i)          the hiring of students (total of 26 weeks per year) in Solid Waste Management at a cost of $14,300.00 per year to assist with implementation of the Interim Waste Diversion Plan 2014-2015 BE APPROVED; it being noted that the cost of the students can be accommodated within the existing operating budget by reallocating funds from broader community outreach to focused initiatives; 

it being noted that the Civic Works Committee received the attached presentation from J. Stanford, Director, Environment, Fleet and Solid Waste with respect to this matter.  (2014-E07)

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Approve that part b) of clause 6 be amended to read as follows:

b)         the contract value for Pure Technologies BE APPROVED in accordance with section 14.4(e) of The Corporation of the City of London’s Procurement of Goods and Services Policy, in the amount of $1,076,660.00, excluding H.S.T., and including a $50,000.00 contingency, to inspect and provide a condition assessment for the Arva Pumping Station to Springbank Reservoir pipeline in 2014;

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Motion made by Councillor H.L. Usher and seconded by Councillor D. Brown to Approve that part a) of clause 13, be amended to read as follows:

a)         IBI Group BE APPOINTED Consulting Engineers to complete the Rapid Transit Corridors EA, First Stage, North-South Corridor, including high-speed rails consideration, in the amount of $1,930,655.00, excluding H.S.T., in accordance with Section 15.2(e) of the Procurement of Goods and Services Policy;

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

13th Report of the Planning and Environment Committee (continued)

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

3rd Report of the Agricultural Advisory Committee

That the 3rd Report of the Agricultural Advisory Committee from its meeting held on June 18, 2014 BE RECEIVED.

3.

7th Report of the Environmental and Ecological Planning Advisory Committee

That the 7th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on June 19, 2014 BE RECEIVED.

4.

Tax Grant Incentive Program for the property located at 637 Dundas Street

That, on the recommendation of the Managing Director, Planning and City Planner, the Civic Administration BE DIRECTED to process the grant application of 2204907 Ontario Inc., for the Tax Grant Incentive Program, relating to the property located at 637 Dundas Street, as retroactive to the date of issuance for the building permits for this property.   (2014-F11A)

5.

Properties located at 218 Burnside Drive and 220-222 Burnside Drive (Z-8299)

That, based on the direction of the Municipal Council, the by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the properties located at 218 Burnside Drive and 220-222 Burnside Drive, FROM a Residential R2 (R2-2) Zone a Residential R2 Special Provision (R2-2(_)) Zone. (2014-D14)

6.

Amendment to the City of London's Tree Conservation By-law, C.P.1466-249

That, on the recommendation of the Managing Director, Planning and City Planner, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend the City of London’s Tree Conservation By-law, being By-law No. C.P.1466-249, to allow the City Planner, or his/her written designate, to administer the by-law. (2014-C01)

7.

Southwest Area Secondary Plan - Official Plan Amendment No. 541 - Information Report (O-7609)

That, on the recommendation of the Managing Director, Planning and City Planner, the report, dated July 22, 2014, with respect to the appeal to the Ontario Municipal Board, relating to By-law No. C.P.-1284-(st)-331, to approve Official Plan Amendment 541, the Southwest Area Secondary Plan, BE RECEIVED.   (2014-D08)

8.

Property located at 2405 Concept Drive (formerly 2430 Bradley Avenue) (H-8181)

That, on the recommendation of the Senior Planner, Development Services, based on the application of the City of London, relating to the property located at 2405 Concept Drive (formerly 2430 Bradley Avenue), the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a holding Light Industrial Special Provision (h*h-11*h-18*LI2(9)) Zone TO a Light Industrial Special Provision (LI2(9)) Zone to remove the holding provisions. (2014-D14)

9.

Property located at 705 Freeport Street (H-8215)

That, on the recommendation of the Senior Planner, Development Services, based on the application of The Ironstone Building Company Inc., relating to the property located at 705 Freeport Street, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, 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/ Residential R6 Special Provision (h*h-53*h-120*R5-7/R6-5 (10)) Zone TO a Residential R5/ Residential R6 Special Provision (h*h-53*h-120*R5-7/R6-5 (10)) Zone to remove the holding h*h-53*h-120 provisions. (2014-D14)

10.

Properties located at 1968-1984 Wateroak Drive (H-8153)

That, on the recommendation of the Senior Planner, Development Services and Planning Liaison, based on the application of Claybar Developments Inc., relating to the properties located at 1968-1984 Wateroak Drive, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, 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 R1 (h*R1-4) Zone TO a Residential R1 (R1-4) Zone to remove the h. holding provision from these lands. (2014-D14)

11.

Property located at 675 Riverside Drive (H-8341)

That, on the recommendation of the Planner II, Development Planning, based on the application of Darren Gunn, relating to the property located at 675 Riverside Drive, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, 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 Neighbourhood Facility (h-139*NF) Zone TO a Neighbourhood Facility (NF) Zone to remove the “h-139” holding provision. (2014-D14)

12.

Subdivision and Development Agreement Security Policy

That, on the recommendation of the Manager, Development Services and Engineering Liaison, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to repeal and replace Council Policy 19(18), entitled “Subdivisions and Development Security” with a new Council Policy 19(18), entitled “Subdivision & Development Agreement Security Policy”. (2014-L04)

13.

Ballymote Woods Subdivision (Lots 88-94 in Plan 33M-631 and Lots 1-12 Plan 33M-632) (P-8205)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application by Sifton Properties Limited, to extend the exemption of the following 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, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to extend the exemption of Lots 88-94 in Plan 33M-631 and Lots 1-12 Plan 33M-632 from the Part Lot Control provisions of subsection 50(5) of the said Act, for a period not to exceed two (2) years; it being noted that these lands are subject to a registered subdivision agreement and are zoned Residential R1 (R1-5) Zone in Zoning By-law No. Z.-1, which permits single detached dwellings with a minimum lot frontage of 12m and minimum lot area of 415m2, consistent with the accepted reference plan 33R-18227; 

b)         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.   (2014-D25)

14.

Development Inspection Fee

That, on the recommendation of the Manager of Development Services and Engineering Liaison, a statutory public participation meeting BE HELD at a future Planning and Environment Committee meeting to receive comments and feedback from industry stakeholders with respect to proposed changes to the existing Development and Compliance Services Inspection fee within By-law A-47, Fees and Charges (May 6, 2014).   (2014-F21)

15.

Building Division Monthly Report for May 2014

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

16.

7th and 8th Reports of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 7th and 8th Reports of the London Advisory Committee on Heritage (LACH) from its meetings held on June 11, 2014 and July 9, 2014, respectively:

a)         on the recommendation of the Director of Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Greta Ton Swart requesting permission for changes to the windows of the designated heritage property located at 314 Grosvenor Street BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed window 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; it being further noted that the LACH reviewed and received a report dated June 11, 2014, from the Managing Director, Planning and City Planner and heard a verbal delegation from G. Swart, property owner, with respect to these matters;

b)         that clause 2 of the 7th Report of the LACH, relating to the proposed demolition of the property located at 646 Dingman Drive, BE REFERRED for consideration with clause 25 of the 13th Report of the Planning and Environment Committee;

            Clause 2 reads as follows:

            “That the following actions be taken with respect to the demolition of the building located at 646 Dingman Drive: 

a)            the Civic Administration BE ADVISED that the London Advisory Committee on Heritage (LACH) does not object to the demolition of the building located at 646 Dingman Drive and do not recommend designation; and, 

b)            the property owners BE REQUESTED to salvage any heritage materials for reuse.”;

c)         notice of the Municipal Council's intention to designate the property located at 1156 Dundas Street (McCormick’s Factory) to be of cultural heritage value or interest BE GIVEN, for the revised reasons, as appended to the 7th Report of the London Advisory Committee on Heritage Report, under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18;

d)         the revised report dated July 3, 2014, prepared by the LACH Planning and Policy Sub-Committee, with respect to comments relating to The London Plan, BE FORWARDED to the Civic Administration for consideration;

e)         that part a) of clause 2 of the 8th Report of the LACH BE REFERRED for consideration with clause 26 of the Planning and Environment Committee; it being noted that part a) of clause 2 reads as follows:

“the following actions be taken with respect to the Stewardship Sub-Committee Report from its meeting held in June 2014:

a)         the Civic Administration BE ADVISED that the LACH reviewed the heritage attributes of the residential structure at 1057 Richmond Street and noted that the building was not worthy of designation, either for its historical or architectural attributes; it being noted that the LACH indicated that it objects to the demolition of a  structural sound and functional listed property without a development proposal in place; and,”

f)         the notice of the Municipal Council’s intention to designate the property located at 273 Regent Street to be of cultural heritage value or interest BE GIVEN for the revised reasons, as appended to the 8th Report of the LACH, under the provisions of Section 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O. 18;

g)         the report dated July 9, 2014, from the Managing Director, Planning and City Planner, with respect to the Heritage Alteration Permit Application from the Ontario Dental Nurses Association for the designated property located at 869-871 Dundas Street BE DEFERRED to a future meeting of LACH, to allow the applicant/ representative to present further information with respect to these matters;

h)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application by the City of London, for the property located at 1017 Western Road (Grosvenor Lodge) BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed alteration and has advised that the impact of such an alteration on the heritage features identified in the reasons for designation is negligible;

i)          on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the Heritage Alteration Application of T. Kingsmill, for the properties located at 126, 128, 130 and 132 Dundas Street and 129 Carling Street:

i)          the heritage alteration application by T. Kingsmill for the above-noted properties BE APPROVED;

ii)         prior to any demolition or construction activity, a detailed interior and exterior photo documentation of the existing buildings BE COMPLETED; and,

iii)         a detailed conservation plan BE DEVELOPED AND SUBMITTED to the City’s Heritage Planner to assist in the monitoring of the conservation of the front façade of 126, 128, 130 and 132 Dundas Street;

it being noted that the Heritage Planner has reviewed the proposal and has advised that the impact of such alteration on the heritage features identified in the reasons for designation is sympathetic to the identified heritage features and is supported by the Downtown Heritage Conservation District’s Principles, Goals and Objectives; it being further noted that the LACH received a copy of the Proposed Adaptive Reuse of Kingsmill Building by Kingsmill and Fanshawe College, and heard a presentation from T. Kingsmill, Property Owner, V. Cote, Trinity Consulting and L. Axford, AMEC, with respect to these matters;

j)          on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application by T. Hill and P. Morgan, for the property located at 434 English Street BE APPROVED; it being noted that the Heritage Planner has reviewed the proposal and has advised that the impact of such alteration on the heritage features would see the restoration of heritage character to the residence; it being noted that the LACH heard a verbal report from T. Hill, property owner, with respect to these matters;

k)         the Civic Administration BE ASKED to request a Heritage Impact Assessment for the property located 510 Central Avenue, as the property is adjacent to the East Woodfield Heritage Conservation District; it being noted that the LACH reviewed and received a Notice dated June 12, 2014, from B. Debbert, Senior Planner, with respect to an application submitted by 2353034 Ontario Limited, relating to the properties located at 609 William Street and 510 Central Avenue;

l)          the LACH heard a verbal delegation from A. Beaton and M. Tovey, with respect to an update on the St. George-Grosvenor Heritage Conservation District and public meeting;

m)        that clauses 4 to 13, inclusive, of the 7th Report of the LACH BE RECEIVED; and,

n)         that clauses  9 to 16, inclusive, of the 8th Report of the LACH BE RECEIVED;

it being noted that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Chair, LACH, with respect to these matters.

17.

Amendments to the Parking Section of 4.19 of the Z-1 By-law and Amendments to the Site Plan Control Area By-law (Z-8331)

That, the report, addressing parking requirements for persons with disabilities in accordance with the Accessibility for Ontarians with Disabilities Act, BE REFERRED to the Civic Administration for review and to report back at a future meeting of the Planning and Environment Committee;

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 in connection therewith.   (2014-D14)

18.

Proposed Boulevard Agreement at 1365 Dundas Street - Highbury Ford

That, on the recommendation of the Manager, Development Services and Engineering Liaison, the following actions be taken with respect to the proposed boulevard agreement for Highbury Ford, relating to the property located at 1365 Dundas Street:

a)         the form of the agreement, as appended to the staff report dated July 22, 2014, BE USED for the purpose of authorizing the use of widened land by 21303115 ONTARIO LIMITED (HIGHBURY FORD); and,

b)         the Mayor and Clerk BE AUTHORIZED to execute the above-noted agreement, as prepared by Development Services, for the use of the lands deeded to the City as a result of development on the abutting lands, under the authority of By-law A-1;

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D17)

19.

Hyde Park Industrial Area (O-8340)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application by the City of London, relating to properties designated Light Industrial on the west side of Hyde Park Road, between Gainsborough Road and Fanshawe Park Road West, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Section 10 Policies for Specific Areas of the Official Plan to replace the existing text in section 10.1.3 lxxii), with new text which reflects the existing commercial/industrial mix of uses within the area;

it being noted that the Planning and Environment Committee reviewed and received a communication from A. and J. Kempinski, 1217 Gainsborough Road, with respect to these matters;

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D08)

20.

Property located at 3425 Roe Street (OZ-8360)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of the Corporation of the City of London, relating to the property located at 3425 Roe Street:

a)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend the Official Plan TO add a Specific Area Policy under Chapter 10.1.3 of the Official Plan to permit the expansion of a self-storage establishment; it being noted that an application for Site Plan Approval was received by the City prior to Council adopting new policies related to self-storage establishments; and,

b)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property FROM a Holding Light Industrial (LI2/h-23*LI3/LI4) Zone and Light Industrial Special Provision (LI2/LI6(3)/LI7) Zone TO a Holding Light Industrial Special Provision (LI2(_)/h-23*LI3/LI4) Zone and a Light Industrial Special Provision (LI2(_)/LI6(3)/LI7) Zone;

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D14)

21.

Property located at 4585 Blakie Road (OZ-8361)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of The Corporation of the City of London, relating to the property located at 4585 Blakie Road:

a)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend the Official Plan TO add a Specific Area Policy under Chapter 10.1.3 of the Official Plan to permit the development of a self-storage establishment; it being noted that an application for Site Plan Approval was received by the City prior to Council adopting new policies related to self-storage establishments;

b)         consistent with Policy 19.1.1. of the Official Plan, the subject lands, representing a portion of 4585 Blakie Road, BE INTERPRETED to be located within the Light Industrial designation; and,

c)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property FROM a Light Industrial (LI2) Zone TO a Light Industrial Special Provision (LI2(_)) 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 in connection therewith.   (2014-D14)

22.

Property located at 5279 Colonel Talbot Road (Z-8342)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Bruce Davies, relating to the property located at 5279 Colonel Talbot Road, the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R1 (R1-14) Zone TO a Residential R1 Special Provision (R1-14(  )) Zone;

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 in connection therewith.  (2014- D14)

23.

Properties located at 1922-1930 Mallard Road and surrounding properties zoned Open Space (OS4) (OZ-8306)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the Official Plan/Zoning By-law Review undertaken by the City of London, relating to the property located at 1922-1930 Mallard Road and a number of surrounding properties zoned OS4:

a)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend the Official Plan to change the designation of the subject lands FROM an Open Space designation TO a Light Industrial and Auto-Orientated Commercial Corridor designation and FROM a Light Industrial designation TO an Open Space designation on Schedule A (Land Use)  to reduce the extent of the Maximum Hazard Line on Schedule B1 (Natural Heritage Features); and, reduce the extent of the Regulatory Flood Line  on Schedule B2 (Natural Resources and Natural Hazards); and,

b)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to DELETE the General Industrial (M1) and Light Industrial (M2) Zones in By-law No. 5000 (Former London Township) which currently apply to the site, remove the sites from the By-law and amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to apply Holding Restricted Service Commercial (h-17.RSC1/RSC5); Holding Light Industrial Special Provision (h-17.LI1(3)), Light Industrial Special Provision (LI1(8)) Zones and Open Space (OS1 and OS4) Zones;

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 in connection therewith.   (2014-D14)

24.

Property located at 930 Gainsborough Road (39T-13505/Z-8308)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Steve Teske, relating to the property located at 930 Gainsborough Road:

a)         the Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to these matters, issues were raised with respect to the tree preservation of the woodlot and the traffic capacity of the internal road on Coronation Drive;

b)         the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the proposed plan of residential subdivision, submitted by Steve Teske (File No. 39T-13505) as redline revised, prepared by AGM Land Surveyors, certified by Bruce Baker, OLS, which shows 61 single detached residential lots, 1 park block and two walkway blocks served by two new local streets, SUBJECT TO the conditions contained in Appendix "B", as appended to the staff report dated July 22, 2014;

c)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, 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 R5/Residential R6 /Residential R8 (h-34*h-57*h-78*R5-4/R6-4/R8-2) Zone which permits cluster residential in the form of single, semi, duplex, townhouse, stacked townhouse, apartments, senior citizen apartments and continuum of care facilities to a maximum density of 50 units per hectare and 13m in height, and a Holding Residential R1 Special Provision (h-57*h-78*h-79*R1-3 (5)) Zone which permits single detached dwellings TO an Open Space (OS4) Zone which permits public or private parks and conservation lands; a Holding Residential R5/Residential R6 /Residential R8 (h*h-34*h-100*R5-4/R6-4/R8-2) Zone which permits cluster residential in the form of single, semi, duplex, townhouse, stacked townhouse, apartments, senior citizen apartments and continuum of care facilities to a maximum density of 50 units per hectare and 13m in height, with holding provisions to ensure a development agreement is entered into with the City, to encourage street orientation and discourage noise attenuation barriers, and to ensure the provision of a looped water system and a second public access when more than 80 units are developed; and, a Holding Residential R1 Special Provision (h-*h-100*R1-3 (5)) Zone which permits single detached dwellings with holding provision to ensure a development agreement is entered into with the City and to ensure the provision of a looped water system and a second public access when more than 80 units are developed; and, the proposed amendment intends to remove the Holding Provisions h-57*h-78*h-79 that were required to ensure adequate sanitary treatment capacity at the Oxford Pollution Control Plan, ensure sanitary, storm, water services and access is available to the satisfaction of the City Engineer, and that a Tree Retention Report be submitted to the satisfaction of the City have all been addressed and are no longer required; and,

d)         the “Estimated Claims and  Revenues Report”, provided as Appendix ‘A’ to the associated staff report, dated July 22, 2014 BE APPROVED;

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 in connection therewith.   (2014-D14)

25.

Request for Demolition - Property located at 646 Dingman Drive

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Chief Building Officer BE ADVISED that the Municipal Council does not intend to issue a notice of designation under the Ontario Heritage Act for the property located at 646 Dingman Drive; it being noted that the London Advisory Committee on Heritage has been consulted on these matters;

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 oral submission in connection therewith.   (2014-P10)

26.

Request for Demolition - Property located at 1057 Richmond Street

That, the request by the owners, for the demolition of the building located at 1057 Richmond Street, BE REFERRED back to the Civic Administration for further consultation and to report back at a future meeting of the Planning and Environment Committee;

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 in connection therewith.  (2014-P10D)

27.

Property located at 660 Sunningdale Road East (39T-09501/OZ-7638)

That, the Draft Plan of Subdivision, Official Plan amendment and Zoning By-law amendment applications relating to the property located at 660 Sunningdale Road East, located on the northwest corner of Sunningdale Road East and Adelaide Street North (legally described as the South Half of Lot 13, Concession 6, (Geographic Township of London)) BE REFERRED to a special meeting of the Planning and Environment Committee to be held on Monday, July 28, 2014 at 3:00 PM;

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 in connection therewith.   (2014-D12/D14)

28.

Properties located at 225 and 229 Greenwood Avenue (Z-8289)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Sal and Mike Circelli, relating to the properties located at 225 and 229 Greenwood Avenue:

a)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 225 and 229 Greenwood Avenue FROM a Residential R3 (R3-2) Zone TO a Residential R5 Special Provision (R5-7(_)) Zone; and,

b)         the Site Plan Approval Authority BE REQUESTED to consider, through the site plan approval process, the development of 225 and 229 Greenwood Avenue in a manner that is generally consistent with the conceptual site plan and elevations appended as Appendix  “B” to the staff report dated July 22, 2014, as well as the design features recommended below:

i)          provide more articulation of the street-facing facades of the buildings in order for them to appear as fronts;

ii)         where the internal program of buildings makes it necessary to have windows at varying heights, the external treatment of the buildings should use material, recesses and projections, and other architectural detail to resolve those variations in an aesthetically pleasing manner;

iii)         enhanced landscaping should be provided along the front of the property in order to screen the private amenity spaces (side yards), connect the buildings to the site and frame the primary entrances;

iv)        consider including internal walkways in the site design to provide safe and convenient access to the public sidewalk for residents; and,

v)         fencing is discouraged along any portion of the front yard; it being noted that if fencing is to be included, it should be a wrought iron or other decorative fence, no higher than 1 metre, to retain a visual connection to the site;

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D14)

30.

Properties located at 51 and 99 Exeter Road (OZ-8324)

That, the application of Greenhills Shopping Centres Ltd. (Greenhills), relating to the property located at 51 and 99 Exeter Road, BE REFERRED back to the Civic Administration to provide a legal opinion to a future meeting of the Planning and Environment Committee with respect to the allocation of the remaining 20,000 square metres of commercial gross floor area; it being noted that delegation status will be granted to property owners at that meeting in the area;

it being pointed out that the Planning and Environment Committee reviewed and received the following communications, with respect to these matters:

•           a communication dated July 18, 2014, from S.A. Zakem, Aird & Berlis;

•           a communication dated July 18, 2014, from K. Walkey, Senior Planner, Stantec  Consulting Ltd.; and,

•           a communication dated July 18, 2014, from J. Paul, Managing Principal, Stantec Consulting Ltd.;

it being further 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 in connection therewith.   (2014-D14)

31.

6th Report of the Trees and Forests Advisory Committee

That, the following action be taken with respect to the 6th Report of the Trees and Forests Advisory Committee from its meeting held on June 25, 2014:

a)         the following actions be taken with respect to the Urban Forest Strategy:

i)          the Municipal Council BE URGED to adopt the Urban Forest Strategy and Implementation Plan;

I)          in light of the complexities involved in determining how best to meet any given canopy targets, and in the event that the above-noted Strategy and Plan is adopted, sufficient staff and resources BE ALLOCATED to:

A)        determine how best to meet the Municipal Council requested increase in canopy targets; and,

B)        determine what financing would be necessary to achieve the above-noted increase in canopy targets;

it being noted that the Trees and Forests Advisory Committee (TFAC) heard a verbal update from I. Listar, Manager, Urban Forestry, with respect to these matters; and,

b)         clauses 2 to 8 inclusive, of the 6th Report of the Trees and Forests Advisory Committee, BE RECEIVED.

32.

Request for Heritage Conservation District Status for the Neighbourhood of St. George-Grosvenor

That, the communication dated July 11, 2014, from Kevin Langs, Alasdair Beaton and Mark Tovey, St. George-Grosvenor Community Association, requesting Heritage Conservation Status for the St. George-Grosvenor neighbourhood BE REFERRED to the Civic Administration for consideration and to report back with a Work Plan consisting of:

a)         a list of all of the potential Heritage Conservation Districts;

b)         the timing;

c)         the cost to implement the individual Heritage Conservation Districts; and,

d)         the status of the work that has been undertaken by the community towards a Heritage Conservation District.  (2014-R01)

33.

Election of Vice-Chair for the term ending November 30, 2014

That Councillor S.E. White BE ELECTED as the Vice Chair of the Planning and Environment Committee for the term ending November 30, 2014.

14th Report of the Planning and Environment Committee

1.

Disclosures of Pecuniary Interest

2.

Property located at 660 Sunningdale Road East (39T-09501/OZ/7368)

That, on the recommendation of the Senior Planner, Development Planning, the following actions be taken with respect to the Draft Plan of Subdivision, Official Plan amendment and Zoning By-law amendment applications by Extra Realty, relating to the property located at 660 Sunningdale Road East, located on the northwest corner of Sunningdale Road East and Adelaide Street North (legally described as the South Half of Lot 13, Concession 6, (Geographic Township of London)):

a)         the proposed by-law, as appended to the staff report dated July 28, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to amend the Official Plan to change the designation on Schedule “A” – Land Use FROM Low Density Residential, Multi-Family, Medium Density Residential and Open Space TO Low Density Residential, Multi-Family, Medium Density Residential, Main Street Commercial Corridor and Open Space; to change the designation  on Schedule “B1” – Flood Plain & Environmental Features by removing the Unevaluated Corridors designation and refining the Provincially Significant Wetland boundary; and to change the designation on Schedule “C” – Transportation Corridors by amending the east-west secondary collector road to align with Street D, by amending the north-south secondary collector road to align with Street A, and by redesignating Street A from Sunningdale Road East to Street D as  Primary Collector;

b)         the request to amend the Official Plan to change the designation of the subject lands FROM a Multi-Family, Medium Density Residential designation which allows townhouses and various forms of cluster housing at a maximum density of 75 units per hectare TO a Multi-Family, High Density Residential designation to allow for apartments at a maximum height of 42 metres and a maximum density of 150 units per hectare, and a Neighbourhood Commercial Node designation to allow for a range of commercial uses including bake shops, catalogue stores, clinics, convenience service establishments, day care centres, duplicating shops, financial institutions, food stores, libraries, medical/dental offices, offices, personal service establishments, restaurants, retail stores, service and repair establishments, studios, video rental establishments, brewing on premises establishment, with a total maximum gross floor area of 3,200 m² (34,444.5 ft²) for food stores and 500 m² (5,382.0 ft²) for all other individual uses BE REFUSED for the following reasons:

Multi-Family, High Density Residential

i)              the proposed development does not take into account surrounding land uses in terms of height and scale, and is not in keeping with the surrounding low-rise forms of development; 

ii)             this location for high density is not located in an activity node (adjacent to large scale shopping and employment centres) nor is it located at a point of high accessibility (such as transit service);

iii)            high rise forms of development should be directed to higher order transit corridors in an effort to support future rapid transit and its associated corridors;

iv)           a mid-rise form is more appropriate given the road classification, while providing support for the surrounding commercial; and

v)            the proposed use does not meet the criteria within the Official Plans as it is not located near the periphery of the Downtown, is not in proximity to Enclosed Regional Commercial Nodes, New Format Regional Commercial Nodes or Community Commercial Nodes, or in proximity to Regional Facilities; and,

vi)           the original proposed high density block is less than 3 hectares in size; it being noted that a minimum of 3 hectares is recommended for high density blocks in order to achieve and accommodate a mixing of housing types, building heights and densities, and a transition in scale.

Neighbourhood Commercial Node

i)             the amount of commercial proposed does not meet the intent of the Uplands  North Area Plan;

ii)            the commercial justification study has provided certain assumptions to base its conclusions on, that Staff do not agree with;

iii)           the orderly distribution and development of commercial uses to satisfy the shopping and service needs of residents and shoppers was already considered in this area, and the addition of larger scale retail opportunities would likely compete with these planned areas;

iv)           recent applications to add commercial uses within the Uplands North Planning area were refused by Council and the decision upheld by the Ontario Municipal Board; and,

v)            the Main Street Commercial designation is a more appropriate commercial designation for this area, as it encourages smaller scale commercial uses in mixed used buildings, achieves placemaking principles of mixed use development, encourages building form and design that is pedestrian oriented, and facilitates a wide range of small scale commercial and office/personal service establishments that are meant to fulfill the local needs of residents;

c)         the proposed by-law, as appended to the staff report dated July 28, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject lands FROM an  Environmental Review (ER) Zone, and an Urban Reserve (UR4) Zone TO:

i)              a Holding Residential R1 Special Provision (h. h-100.h(  )•R1-4(*) Zone to permit single detached dwellings with a minimum lot area of 360 m² and minimum lot frontage of 12 m, with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road, and a reduced interior side yard setback of 1.2 metres;

ii)             a Holding Residential R1 Special Provision (h. h-100.h(  )•R1-5(*) Zone to permit single detached dwellings with a minimum lot area of 415 m² and minimum lot frontage of 12 metres, with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road, and a reduced interior side yard setback of 1.2 metres;

iii)            a Holding Residential R1 Special Provision (h. h-100.h(  )•R1-5(**) Zone to permit single detached dwellings with a minimum lot area of 360 m² and minimum lot frontage of 12 metres, with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road, a reduced interior side yard setback of 1.2 metres, and 20 metre setback from the centre of the oil pipeline to the dwelling;

iv)           a  Holding Residential R4 Special Provision (h. h-100.h(  )•R4-2(*) Zone to permit street townhouse dwellings with a minimum lot area of 240 m² , with a special provision for a minimum lot frontage of 7.8 metres;

v)            a  Holding Residential R5 Special Provision/R6 Special Provision (h. h-100.h(  )•R5-2(*)/R6-4(*)) Zone to permit cluster townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 30 units per hectare (R5) and to permit cluster single detached, semi-detached or duplex dwellings at a height of 10.5 metres and a maximum density of 30 units per hectare (R6), with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road;

vi)           a  Holding Residential R5 Special Provision/R6 Special Provision (h. h-100.h(  )•R5-2(**)/R6-4(**)) Zone to permit cluster townhouses and stacked townhouses at a maximum height of 12 metres and a maximum density of 30 units per hectare (R5) and to permit cluster single detached, semi-detached or duplex dwellings at a height of 10.5 m and a maximum density of 30 units per hectare (R6), with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road and recognize that notwithstanding the provisions of the zoning by-law, frontage for this block will be along the secondary collector road (Street D);

vii)          a  Holding Residential R5 Special Provision/R6 Special Provision/Residential R8 Special Provision (h. h-100.h(  )•R5-4(*)/R6-5(*)/R8-4(*)) Zone, to permit cluster townhouses and stacked townhouses at a maximum height of 12 m and maximum density of 40 units per hectare (R5), to permit cluster single detached, semi-detached, duplex, triplex, townhouse, stacked townhouse, fourplex dwellings and apartments at a height of 12 metres and a maximum density of 35 units per hectare (R6), and to permit apartment buildings, handicapped person’s apartment buildings, lodging house class 2, stacked townhousing, senior citizen apartment buildings, emergency care establishments, and continuum-of-care facilities at a maximum height of 13 m and a maximum density of 75 units per hectare (R8), with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road, a reduced rear yard setback adjacent to the conveyance block of 3 metre in place of 8 metre, and to allow for the adjacent Open Space lands within the conveyance block to be included in the Residential Block for the purposes of calculating density; 

viii)         a  Holding Residential R5 Special Provision/R6 Special Provision/Residential R8 Special Provision (h. h-100.h(  )•R5-4(**)/R6-5(**)/R8-4(**)) Zone, to permit cluster townhouses and stacked townhouses at a maximum height of 12 metres and maximum density of 40 units per hectare (R5), to permit cluster single detached, semi-detached, duplex, triplex, townhouse, stacked townhouse, fourplex dwellings and apartments at a height of 12 metres and a maximum density of 35 units per hectare (R6), and to permit apartment buildings, handicapped person’s apartment buildings, lodging house class 2, stacked townhousing, senior citizen apartment buildings, emergency care establishments, and continuum-of-care facilities at a maximum height of 13 m and a maximum density of 75 units per hectare (R8), with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road, a reduced rear yard setback adjacent to the conveyance block of 3 metre in place of 8 metre, and to allow for the adjacent Open Space lands within the conveyance block to be included in the Residential Block for the purposes of calculating density;

ix)           a  Holding Residential R5 Special Provision/R6 Special Provision/Residential R8 Special Provision (h. h-100.h(  )•R5-6(*)/R6-5(***)/R8-4(***)) Zone, to permit cluster townhouses and stacked townhouses at a maximum height of 12 metre and maximum density of 50 units per hectare (R5), to permit cluster single detached, semi-detached, duplex, triplex, townhouse, stacked townhouse, fourplex dwellings and apartments at a height of 12 metres and a maximum density of 35 units per hectare (R6), and to permit apartment buildings, handicapped person’s apartment buildings, lodging house class 2, stacked townhousing, senior citizen apartment buildings, emergency care establishments, and continuum-of-care facilities at a maximum height of 13 metres and a maximum density of 75 units per hectare (R8), with a special provision for a reduced front yard setback of 3.0 metre to the house and 5.5 metre to the garage from a collector or local road;

x)            a Holding Business District Commercial Special Provision (h. h-100.h(  )•BDC2(*)•D75•H18) Zone, which permits a wide range of commercial uses on the first floor, with a maximum height of 18 metres and a maximum density of 75 units per hectare, with special provisions to require  that the lot frontage for the Block is considered to be along the primary collector, to require the commercial/retail/office uses on the ground floor to have primary entrance for individual tenants oriented toward the primary collector, for a minimum 2 metre and maximum 4 metre front and exterior side yard setback, and to require a mixed use building, with 500 m² maximum retail/office/commercial floor area limited to the first floor and residential units above;

xi)           a Holding Business District Commercial Special Provision (h. h-100.h(  )•BDC2(**)•D75•H18) Zone, to permit a wide range of commercial uses on the first floor, with a maximum height of 18 metre and a maximum density of 75 units per hectare, with special provisions to require the commercial/retail/office uses on the ground floor, to have the primary entrance for individual tenants oriented toward the primary collector, for a minimum 2 metres and maximum 4 metres front and exterior side yard setback, and to require a mixed use building, with 250 m² maximum retail/office/commercial floor area limited to the first floor and residential units above;

xii)          a Holding Business District Commercial Special Provision (h. h-100.h(  )•BDC2(***)) Zone, to permit a wide range of commercial uses, with special provisions to require that the lot frontage for the Block is considered to be along the primary collector, to require the commercial/retail/office uses to have the primary entrance for individual tenants oriented toward the primary collector, for a minimum 2 metre and maximum 4 metre front and exterior side yard setback, and a maximum 3000 m² retail/commercial/office on site; 

xiii)         a Holding Business District Commercial Special Provision (h. h-100.h(  )•BDC2(****)) Zone, to permit a wide range of commercial uses on the first floor, with special provisions to require that the lot frontage for the Block is considered to be along the primary collector, to require the commercial/retail/office uses on the ground floor to have the primary entrance for individual tenants oriented toward the primary collector, for a minimum 2 metres and maximum 4 metres front and exterior side yard setback, and a maximum 1000 m² retail/commercial on site;

xiv)        an Open Space (OS1) Zone to permit conservation lands and works, public and private parks, and public and private golf courses; 

xv)         an Open Space Special Provision (OS4(*)) Zone, to permit conservation lands and public parks, with a  special provision to permit the lands/area within the OS4 Zone to be used in the adjacent Residential Blocks (Block 26 and 28) for the purposes of calculating lot area, density, lot coverage, and landscape open space;

xvi)        an Open Space (OS5) Zone to permit conservation land and works;

the following holding provisions have also been applied:

·                     (h) holding provision - to ensure that there is orderly development through the execution of a subdivision agreement;

·                     (h-100) -to ensure there is adequate water service and appropriate access, a looped watermain system must be constructed and a second public access must be available; and,

·                     (h-(   )) -  to ensure that development is consistent with the City of London Urban Design Principles and Placemaking Guidelines, the h-____ shall not be deleted until urban design guidelines have been prepared and implemented through the subdivision agreement, to the satisfaction of the City of London;

d)            the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM an Urban Reserve (UR4) Zone TO a Residential R9 Special Provision (R9-7(*)) Zone and Neighbourhood Shopping Area Special Provision (NSA5(*)) Zone BE REFUSED for the following reasons:

i)              the proposed R9-7 Zone and NSA5(*) Zone are not in keeping with the recommended Official Plan amendments listed in part a), above;

ii)             the proposed R9-7 Zone would permit apartments at a height and density not in keeping with surrounding lands uses;

iii)            the proposed R9-7 Zone does not meet the criteria within the Official Plan as it is not located near the periphery of the Downtown, is not in proximity to Enclosed Regional Commercial Nodes, New Format Regional Commercial Nodes or Community Commercial Nodes, or in proximity to Regional Facilities; and,

iv)           the proposed NSA5(*) Zone would permit a sizable amount of commercial that is not in keeping with the policies of the Official Plan, and is not consistent with the Uplands North Area Plan, and would compete with existing commercially-designated lands in the immediate vicinity;

e)         the Approval Authority BE ADVISED that, at the Planning and Environment Committee held with respect to these matters, a request was made to amend Condition 2 of the Draft Plan Approval to provide for a five-year draft approval instead of three-year, as recommended by staff;

f)          the Approval Authority BE ADVISED that the Municipal Council supports issuing draft approval of the proposed plan of residential subdivision, submitted by Extra Realty (File No. 39T-09501), prepared by Zelinka Priamo Ltd., drawing No. SRG/LON/11-01, as red-line amended, which shows 23 low density blocks, 7 medium density blocks, 4 commercial blocks, 3 open space blocks, 2 park blocks, 6 walkway blocks, 1 stormwater management block, as well as several 0.3 metre reserves and road widenings, all served by one new primary collector, 2 new secondary collectors, and 4 new local streets, SUBJECT TO the conditions contained in Appendix "C", as appended to the staff report dated July 28, 2014 and the adopted Official Plan amendment coming into effect; and,

g)         the “Estimated Claims and Revenues Report”, provided as Appendix ‘D’ to the associated staff report, dated July 28, 2014.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

14th Report of the Community and Protective Services Committee (continued)

Motion made by Councillor M. Brown to Approve clauses 1 to 9, inclusive, clause 11 and clauses 13 to 17, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor M. Brown disclosed a pecuniary interest in clause 10 of this Report, having to do with the Thames Valley District School Board (TVDSB) and the City of London Joint Use of Facilities Agreement, by indicating that the TVDSB is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause C-1, having to do with a personal matter about an identifiable individual, including municipal or local board employees as it relates to the awarding of the 2014 Queen Elizabeth Scholarships, by indicating that the TVDSB is his employer. 

2.

8th Report of the Animal Welfare Advisory Committee

That the 8th Report of the Animal Welfare Advisory Committee, from its meeting held on July 3, 2014, BE RECEIVED.

3.

3rd Report of the Child Care Advisory Committee

That the 3rd Report of the Child Care Advisory Committee, from its meeting held on June 25, 2014, BE RECEIVED.

4.

7th Report of the London Housing Advisory Committee

That the 7th Report of the London Housing Advisory Committee, from its meeting held on July 9, 2014, BE RECEIVED.

5.

6th Report of the Accessibility Advisory Committee

That the 6th Report of the Accessibility Advisory Committee, from its meeting held on June 26, 2014, BE RECEIVED.

6.

Safer Communities - 1,000 Officers Partnership Program

That, on the recommendation of the London Police Services Board, the proposed by-law, as appended to the report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to:

a)         approve an Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of the Ministry of Community Safety and Correctional Services, The Corporation of the City of London and the London Police Services Board as it relates to the provision of funding under the Safer Communities – 1,000 Officers Partnership Program; and,

b)         authorize the Mayor and the City Clerk to execute the said Agreement on behalf of The Corporation of the City of London.  (2014-P15)

7.

Community Policing Partnership Program

That, on the recommendation of the London Police Services Board, the proposed by-law, as appended to the report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting to be held on July 29, 2014 to:

a)         approve an Agreement between Her Majesty The Queen in Right of Ontario as represented by the Minister of the Ministry of Community Safety and Correctional Services, The Corporation of the City of London and the London Police Services Board, with respect to the provision of funding under the Community Policing Partnership Program; and,

b)         authorize the Mayor and the City Clerk to execute the said Agreement on behalf of The Corporation of the City of London.  (2014-P15)

8.

Homemakers Program Update

That, on the recommendation of the Managing Director of Housing, Social Services and Dearness Home, the following actions be taken with respect to the Homemakers Program:

a)         the staff report, dated July 21, 2014, with respect to an update on the Homemakers Program delivered by the City of London at the Dearness Home, BE RECEIVED for information;

b)         the continuation of the Homemakers Program service delivery for the 2014 and 2015 operating periods, subject to annual budget approval and commitment of ongoing provincial funding, BE APPROVED;

c)         the Civic Administration BE AUTHORIZED to conduct further discussions with key stakeholders to continue to examine options for this Program; and,

d)         the Civic Administration BE DIRECTED to issue a Request for Proposals to acquire service providers for the homemaking services through purchase of service arrangements. (2014-S02)

9.

Memorandum of Understanding - Adult Day Program Transportation

That, on the recommendation of the Manager of Community Life and the Administrator, Dearness Home, and with the concurrence of the Managing Director Housing, Social Services and Dearness Home, the proposed by-law appended to the staff report dated July 21, 2014, BE INTRODUCED at the Municipal Council meeting of July 29, 2014 to:

a)         approve a Memorandum of Understanding (MOU) between the Boys’ and Girls’ Club of London, the Women’s Christian Association of London (McCormick Home), the Governing Council of the Salvation Army on behalf of the London Village, and The Corporation of the City of London, Dearness Home, to provide transportation services for the Dearness Home Adult Day Program;

b)         authorize the Mayor and the City Clerk to execute the above-noted MOU; and,

c)         delegate to the Managing Director Housing, Social Services and Dearness Home, or his or her written designate, the authority to renew the Memorandum of Understanding, provided that it does not increase the City’s liability and is provided for in the City’s current budget.  (2014-S02)

11.

Potential Partners in the Southwest Multipurpose Recreation Facility

That, on the recommendation of the Managing Director of Parks and Recreation and the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the Southwest Multipurpose Recreation Facility: 

a)         the Civic Administration BE DIRECTED to commence discussions with the London Public Library and the YMCA of Western Ontario to establish partnership agreements related to the construction and operation of the Southwest Multipurpose Recreation Facility; and,

b)         the Request for Proposal requirement for the above-noted project BE WAIVED.  (2014-R05) 

13.

4th Report of the London Diversity and Race Relations Advisory Committee

That the following actions be taken with respect to the 4th Report of the London Diversity and Race Relations Advisory Committee (LDRRAC), from its meeting held on June 19, 2014:

a)         the Civic Administration BE REQUESTED to include the following revised “Notice of Collection of Personal Information” on the Diversity, Race Relations and Inclusivity Award nomination form:

"Notice of Collection of Personal Information - Please be advised that all nominations submitted for the Diversity, Race Relations and Inclusivity Award become part of the public record. The nominations will be published on a public agenda and made available electronically through the City of London public internet website. The personal information collected on this form is collected under the authority of the Municipal Act 2001, as amended, and will be used to administer the Diversity, Race Relations and Inclusivity Award program.  Questions about this collection should be addressed to the City Clerk at 300 Dufferin Avenue, London, Ontario  N6A 4L9  Tel: 661-2500 Ext. 4937;” it being noted that the LDRRAC heard a verbal update from T. Tomchick-Condon, on behalf of the Awards and Recognition Sub-committee; and,

b)         clauses 2 to 9, BE RECEIVED.

14.

4th Report of the Community Safety and Crime Prevention Advisory Committee

That the following actions be taken with respect to the 4th Report of the Community Safety and Crime Prevention Advisory Committee (CSCP), from its meeting held on June 26, 2014:

a)         clause 1 BE REFERRED back to the CSCP in order clarify the specific circumstances and projects for which the proposed revisions to the Terms of Reference would be necessary;  and,

b)         clauses 2 to 10 BE RECEIVED.

15.

Pawnbrokers and Salvage Yard Regulations - False Verification of Ownership for Stolen Items - List of Prohibited Item for Scrap Metal Recycling Yards

That the following actions be taken with respect to the communication dated June 10, 2014, from Councillor S. Orser, related to pawnbrokers and salvage yard regulations, false verification of ownership for stolen items and a list of prohibited items for scrap metal recycling yards:

a)         the communication BE REFERRED to the Civic Administration for consideration with the Business Licensing By-law review currently being undertaken; and,

b)         the Mayor BE DIRECTED to make a submission to the Province related to the changes necessary to the Pawnbrokers Act that would assist in reducing such issues within and between jurisdictions in the province.

16.

Legislative Changes Intended to Improve Fire Safety in Vulnerable Occupancies

That the communication dated June 17, 2014, received from T. Wieclawek, Fire Marshal and Chief, Emergency Management, Ministry of Community Safety and Correctional Services, with respect to legislating changes intended to improve fire safety in vulnerable occupancies BE RECEIVED; it being noted that Chief J. Kobarda provided a verbal update with respect to this matter.  (2014-P19)

17.

The Impact of Prescription and Non-Prescription Drug Use on Middlesex-London

That the Civic Administration BE DIRECTED to work collaboratively with the Middlesex-London Health Unit (MLHU) with respect to initiatives related to prescription and non-prescription drug use impacts in the City of London; it being noted that the Community and Protective Services Committee received a communication dated June 16, 2014 from C. Mackie, Medical Officer of Health and Chief Executive Officer, MLHU, with respect to this matter.

Motion Passed

YEAS: J. Baechler, B. Armstrong, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (10)

NAYS: B. Polhill, J.B. Swan (2)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

10.

Thames Valley District School Board and City of London Joint Use of Facilities Agreement

That, at the request of the Civic Administration, the consideration of the Thames Valley District School Board and the City of London Joint Use of Facilities Agreement BE DEFERRED to a future meeting of the Community and Protective Services Committee.   (2014-L04A)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, P. Hubert, D. Brown, H.L. Usher, S.E. White (11)

RECUSED: M. Brown (1)

19th Report of the Corporate Services Committee (continued)

Motion made by Councillor H.L. Usher to Approve clauses 1 to 7, inclusive and clauses 10 to 13, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary interest as it relates to any aspects of clause 9 of this Report having to do with support for a Fanshawe College London Downtown Campus, specifically as it relates to a Performing Arts Centre, by indicating that his employer, Orchestra London, is involved in the Performing Arts Centre project.

2.

Inclusion of London Convention Centre Funds in City of London's Investment Portfolio

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken regarding the Agreement between The Corporation of the City of London and London Convention Centre Corporation to include London Convention Centre funds in the City of London’s investment portfolio:

a)         the proposed by-law, as appended to the staff report dated July 22, 2014, BE INTRODUCED at Municipal Council on July 29, 2014 to authorize the Agreement between The Corporation of the City of London and the London Convention Centre Corporation; and

b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement included as Schedule 1 to the by-law noted in a), above.

3.

Workplace Diversity and Inclusion Update

That, on the recommendation of the Managing Director, Corporate Services & Chief Human Resources Officer, the staff report dated July 22, 2014 regarding an update on workplace diversity and inclusion BE RECEIVED for information.

4.

Canada Caribbean Local Economic Development Program (CARILED)

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the staff report dated July 22, 2014 on the Canada Caribbean Local Economic Development Program (CARILED) BE RECEIVED.

5.

Canada Ukraine Municipal Local Economic Development Program (MLED Ukraine)

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the staff report dated July 22, 2014 on the Canada Ukraine Local Economic Development Program (MLED Ukraine) BE RECEIVED.

6.

London's Hosting of 2014 Association of Municipalities of Ontario (AMO) Annual General Meeting, Conference and Trade Show

That, on the recommendation of the Director of Intergovernmental and Community Liaison, up to $70,000 in conference organizing costs for London’s hosting of the 2014 Association of Municipalities of Ontario (AMO) Annual General Meeting, Conference and Trade Show BE APPROVED; it being noted that this amount can be accommodated within the 2014 Operating Budget.

7.

Supplemental Assessment Levied by Ontario Municipal Insurance Exchange

That, on the recommendation of the Risk Manager, with the concurrence of the Managing Director, Corporate Services & City Solicitor and the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the Civic Administration BE DIRECTED to include appropriate funding within future draft budget submissions to address insurance costs, which are increasing globally and affecting all Ontario municipalities.

10.

Apportionment of Taxes

That, on the recommendation of the Deputy City Treasurer, the taxes on the blocks of land described in the Schedules, as appended to the staff report dated July 22, 2014, BE APPORTIONED as indicated on the Schedules pursuant to Section 356 of the Municipal Act, 2001; it being noted that there were no members of the public in attendance at the public hearing associated with this matter, to speak before the Corporate Services Committee.

11.

Tax Adjustment Agenda

hat the recommendations contained in the Tax Adjustment Agenda dated July 22, 2014 BE APPROVED; it being noted that there were no members of the public in attendance to speak to the Corporate Services Committee, at the public hearing associated with the Tax Adjustment Agenda.

12.

Appointment to the Environmental and Ecological Planning Advisory Committee

That Christian Tham BE APPOINTED as a Voting Member at Large on the Environmental and Ecological Planning Advisory Committee, for the term ending February 28, 2015.

13.

Appointment to the Trees and Forests Advisory Committee

That Gillian Barker BE APPOINTED as a Voting Member at Large on the Trees and Forests Advisory Committee, for the term ending February 28, 2015.

8.

Annual Meeting Calendar

That, on the recommendation of the City Clerk, the following actions be taken with respect to the 2015 Annual Meeting calendar:

a)         the annual meeting calendar, as attached to the staff report dated July 22, 2014, for the period December 1, 2014 to December 31, 2015 BE APPROVED; it being understood that adjustments to the calendar may be required from time to time in order to accommodate special/additional meetings or changes to governing legislation; and

b)         the City Clerk BE DIRECTED to bring forward any necessary changes to the Council Procedure By-law, at the appropriate time, in order to accommodate the annual meeting calendar approved in a), above.

Motion made by Councillor H.L. Usher and seconded by Councillor B. Polhill to Approve that the draft annual meeting calendar, as attached to the staff report dated July 22, 2014, for the period December 1, 2014 to December 31, 2015, BE REFERRED to the next meeting of the Corporate Services Committee to provide an opportunity for the City Clerk to receive input from Members of Council.

3rd Report of the Audit Committee

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

2013 Financial Audit

That the following actions be taken with respect to the 2013 Financial Audit and Audit Findings Report 2013, as prepared by KPMG:

a)         the 2013 Financial Report of The Corporation of the City of London BE RECEIVED; and

b)         the Audit Findings Report for the year ending December 31, 2013 BE RECEIVED;

it being noted that the Audit Committee received the attached presentation from the Deputy City Treasurer and a verbal presentation from KPMG with respect to these matters.

3.

Engagement of PwC for Election Audit

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, PwC LLP BE ENGAGED to complete an audit of the 2014 Election process at a cost of $7,000 plus expenses and HST.

4.

RFP 10-24 - Internal Audit Services

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken with respect to RFP10-24 - Internal Audit Services:

a)         approval hereby BE GIVEN to enter into negotiations with PricewaterhouseCoopers (PwC) LLP, 465 Richmond Street, Suite 300, London, Ontario N6A 5P4 to extend the current contract for a one (1) year period for Internal Audit Services;

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

c)         approval hereby given BE CONDITIONAL upon the Corporation negotiating prices, terms and conditions with PricewaterhouseCoopers (PwC) LLP to the satisfaction of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer; and,

d)      the Civic Administration BE DIRECTED to bring forward, for consideration at a future meeting of the Audit Committee, prior to the end of the current term of Council, a recommended Request for Proposal process for Internal Audit Services that would then be forwarded to the next term of Council for consideration.

5.

PricewaterhouseCoopers Audit Services - London Public Library

That the following actions be taken regarding the London Public Library (LPL) request for the services of  PricewaterhouseCoopers (PwC) to undertake an internal audit of certain LPL services:

a)         the letter dated March 13, 2014, from Susanna Hubbard Krimmer, CEO and Chief Librarian LPL, BE RECEIVED; and,

b)         PwC BE REQUESTED to meet with representatives of the LPL to further identify potential projects and areas that could be reviewed with a value for money lens and determine the cost to undertake the proposed review, and report back thereon.

6.

Internal Audit Engagement - London Police Service

That the following actions be taken with respect to the  London Police Services Board (LPSB) correspondence regarding an internal audit engagement:

a)     the letter dated May 15, 2014, from Michael Deeb, Chair, LPSB, BE RECEIVED; and,

b)      PricewaterhouseCoopers (PwC) BE DIRECTED to proceed with an internal audit of the three areas identified in the letter noted in a) above.

7.

Quarterly Report on Internal Audit Results - Housing, Social Services & Dearness Home: Housing Access Centre Process Review and Environmental and Engineering Services: Solid Waste-Landfill Process Review

That on the recommendation of PricewaterhouseCoopers (PwC), the following actions be taken with respect to the Quarterly Report on Internal Audit Results - Housing, Social Services & Dearness Home: Housing Access Centre process review and Environmental and Engineering Services: Solid Waste-Landfill process review:

a)         the Action Plans identified in Appendix A of the PwC report dated June 25, 2014 BE IMPLEMENTED;

b)         the Action Plans identified in Appendix B of the PwC report dated June 25, 2014 BE IMPLEMENTED; and,

c)        the Quarterly Report on Internal Audit Results identified in Appendix C of the PwC report dated June 25, 2014 BE RECEIVED.

Motion made by Councillor M. Brown and seconded by Councillor B. Polhill to Approve that part b) of clause 2 be amended to read as follows:

b)         the attached revised Audit Findings Report for the year ending December 31, 2013 BE RECEIVED;

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Motion made by Councillor M. Brown and seconded by Councillor P. Hubert to Approve clause 1, clause 2, as amended and clauses 3 to 7, inclusive.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

16th Report of the Strategic Planning and Policy Committee

Motion made by Councillor W.R. Monteith to Approve clauses 1, 2 and 4 to 7, inclusive.

1.

Disclosures of Pecuniary Interest

2.

2011-2014 Report to the Community

4.

London Hydro Promissory Note to the City of London

5.

Proposal to Establish a Housing Development Corporation

6.

Review of Council Policy 5(1) – Process for the Appointment of an Acting Mayor

7.

Improvements to Governance Model and Tracking Approved Projects

3.

Appointment to the Greater London International Airport Authority Board of Directors

8.

Appointments to the London Public Library 2014 – Terms December 1, 2014 to November 30, 2018

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, P. Hubert, D. Brown, H.L. Usher, S.E. White (11)

RECUSED: M. Brown (1)

16th Report of the Committee of the Whole

Motion made by Councillor P. Hubert and seconded by Councillor D. Brown to Approve clause 1.                    

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, P. Hubert, D. Brown, H.L. Usher, S.E. White (11)

RECUSED: M. Brown (1)

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

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with the review and concurrence of the Managing Director, Housing, Social Services and Dearness Home, the lease between the City and Farhi Holdings Corporation (the “Landlord”) for approximately 2,514 square feet of useable main floor space located at 379 Dundas Street, for an additional term of three (3) years, for the Housing Access Centre, at a base rent of $11.00 per square foot, BE RENEWED subject to the same terms and conditions of the existing lease.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

XI

DEFERRED MATTERS

XII

ENQUIRIES

Mayor J. Baechler notes that a number of London athletes have proudly represented Canada at the Olympics. Although the City has existing policies and processes regarding the naming of parks, streets and buildings, those policies do not explicitly address the recognition of London’s Olympians and enquires as to whether the Civic Administration could review this matter and report back with proposed changes or additions to the Municipal Council’s policies to provide for the recognition of London’s Olympians.

Motion made by Councillor B. Armstrong and seconded by Councillor S. Orser to Approve that pursuant to section 17.4 of the Council Procedure By-law, leave be given for discussion and debate and the making of a substantive motion with respect to the enquiry of Mayor J. Baechler to ask that the Civic Administration review proposed changes or additions to the Municipal Council’s polices to provide for the recognition of London’s Olympians.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

XIII

EMERGENT MOTIONS

XIV

BY-LAWS

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

Motion made by Councillor D. Brown and seconded by Councillor S. Orser to Approve Introduction and First Reading of Bill No.s 339 to 380, excluding Bill No.’s 356 and 357, and the added Bill No.s 381 to 383.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Second Reading of Bill No.s 339 to 380, excluding Bill No.’s 356 and 357, and the added Bill No.’s 381 to 383.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Third Reading and Enactment of Bill No.s 339 to 380, excluding Bill No.s 356 and 357, and the added Bill No.’s 381 to 383.

Motion Passed

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, S.E. White (12)

Bill No. 339

By-law No. A.-7145-253

A by-law to confirm the proceedings of the Council Meeting held on the 29^th day of July, 2014. (City Clerk)

Bill No. 340

By-law No. A.-5896(w)-254

A by-law to amend By-law No. A.-5896-233 entitled, “A by-law to appoint Municipal Law Enforcement Officers for the purpose of enforcing the by-laws of The Corporation of the City of London.” (Chief Building Official)

Bill No. 341

By-law No. A.-7146-255

A by-law to repeal and replace Council Policy 19(18) entitled “Subdivisions and Development Security” with a new Council Policy 19(18) entitled “Subdivision & Development Agreement Security Policy”. (12/13/PEC)

Bill No. 342

By-law No. A.-7147-256

A By-law to approve an agreement between the Corporation of the City of London and the London Convention Centre Corporation (LCC); and to authorize the Mayor and City Clerk to execute the agreement. (2/19/CSC)

Bill No. 343

By-law No. A.-7148-257

A by-law to approve the Safer Communities – 1,000 Officers Partnership Program and to authorize the Mayor and the City Clerk to execute the Agreement. (6/14/CPSC)

Bill No. 344

By-law No. A.-7149-258

A by-law to approve the Community Policing Partnerships (CPP) Program and to authorize the Mayor and the City Clerk to execute the Agreement. (7/14/CPSC)

Bill No. 345

By-law No. A.-7150-259

A By-law to authorize and approve a Memorandum of Understanding for Dearness Home Adult Day Program Transportation in the City of London. (9/14/CPSC)

Bill No. 346

By-law No. A.-7151-260

A By-law to approve Amending Agreements for Blue Box Collection, Blue Box and Garbage Collection and Blue Box Processing contracts; and to authorize the Mayor and the City Clerk to execute the Amending Agreements. (15/12/CWC)

Bill No. 347

By-law No. A.-7152-261

A by-law to approve and authorize the execution of an amendment delivery dates within an existing agreement between the Federation of Canadian Municipalities Green Municipal Fund and The Corporation of the City of London. (16/12/CWC)

Bill No. 348

By-law No. B.-92(g)-262

A by-law to amend By-law No. B.-92-16 entitled, “A by-law to appoint the Chief Building Official and Inspectors under the Building Code Act, 1992, as amended, for the purposes of enforcement of the said Act.” (Chief Building Official)

Bill No. 349
By-law No. C.P.-1284(ul)-263

A by-law to amend the Official Plan for the City of London, 1989 relating to the lands designated Light Industrial on the west side of Hyde Park Road, between Gainsborough Road and Fanshawe Park Road West. (19/13/PEC)

Bill No. 350
By-law No. C.P.-1284(um)-264

A by-law to amend the Official Plan for the City of London, 1989 relating to 3425 Roe Street. (20/13/PEC)

Bill No. 351
By-law No. C.P.-1284(un)-265

A by-law to amend the Official Plan for the City of London, 1989 relating to 4585 Blakie Road. (21/13/PEC)

Bill No. 352
By-law No. C.P.-1284(uo)-266

A by-law to amend the Official Plan for the City of London, 1989 relating to 1922-1930 Mallard Road and Surrounding Properties Zoned OS4. (23/13/PEC)

Bill No. 353

By-law No. C.P.-1466(c)-267

A by-law to amend By-law C.P. 1466-249, as amended, being “A by-law to prohibit and regulate the destruction or injuring of trees in the City of London”. (6/13/PEC)

Bill No. 354
By-law No. C.P.-1490(a)-268

A By-law to amend By-law C.P.-1490-253, being a by-law to exempt from Part Lot Control, lands located on the west side of Ballymote Avenue, south of Springridge Drive and north of North Wenige Drive, legally described as Lots 88-94 in Plan 33M-631, and Lots 1-12 in Plan 33M-632, in the City of London, County of Middlesex. (13/13/PEC)

Bill No. 355

By-law No. C.P.-1497-269

A by-law to exempt from Part Lot Control, lands located north of Shore Road, east of Westdel Bourne, being part of Block 6 on Registered Plan No. 33M-429, in the City of London and County of Middlesex. (10/16/PC-2001)

Bill No. 356

By-law No. PH-3-14____

DELETED

A By-law to amend By-law PH-3 entitled, “A by-law to provide for the regulation, restriction and prohibition of the keeping of animals in the City of London”. (12a/14/CPSC)

Bill No. 357

By-law No. PH-4-14____

DELETED

A By-law to amend By-law PH-4, as amended, entitled “A by-law to provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the City of London”. (12b/14/CPSC)

Bill No. 358

By-law No. PH-5-14005

A By-law to amend By-law PH-5 entitled “A by-law to provide for the Appointment of a Poundkeeper and to regulate the Public Pound”. (12c/14/CPSC)

Bill No. 359

By-law No. S.-5665-270

A by-law to permit The Grand Theatre Foundation to maintain and use an encroachment upon the road allowance for Richmond Street, City of London. (City Solicitor)

Bill No. 360

By-law No. S.-5666-271

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Sarnia Road, east of Hyde Park Road). (Chief Surveyor)

Bill No. 361

By-law No. S.-5667-272

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Oxford Street West, east of Laurel Street). (Chief Surveyor)

Bill No. 362

By-law No. S.-5668-273

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Highbury Avenue North, south of Kilally Road). (Chief Surveyor)

Bill No. 363

By-law No. S.-5669-274

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (as widening to Empress Avenue (formerly Ann Street), west of Napier Street). (Chief Surveyor)

Bill No. 364

By-law No. S.-5670-275

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway.  (as widening to Highbury Avenue North, south of Fanshawe Park Road East, and as widening to Fanshawe Park Road East, east of Highbury Avenue North, and as widening to Highbury Avenue North and Fanshawe Park Road East, and as widening to Highbury Avenue North, north of Fanshawe Park Road East). (Chief Surveyor)

Bill No. 365

By-law No. S.-5671-276

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

Bill No. 366

By-law No. S.-5672-277

A by-law to permit Markus Brunner to maintain and use a boulevard parking area upon the road allowance for 122 Edward Street, City of London. (Manager, Licensing and Elections)

Bill No. 367

By-law No. S.-5673-278

A by-law to permit Michael Peter Dymus and Jamie Sue Sherrell to maintain and use a boulevard parking area upon the road allowance for 941 Elias Street, City of London. (Manager, Licensing and Elections)

Bill No. 368

By-law No. W.-5563-279

A by-law to authorize the Green Valley Drain – Wilton Grove Remediation Works. (Project No. ES6072). (City Clerk)

Bill No. 369

By-law No. Z.-1-142317

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 218 Burnside Drive and 220-222 Burnside Drive.(5/13/PEC)

Bill No. 370

By-law No. Z.-1-142318

A by-law to amend By-law No. Z.-1 to remove the holding provisions from the zoning for an area of land located at 2405 Concept Drive (formerly 2430 Bradley Avenue) (8/13/PEC)

Bill No. 371

By-law No. Z.-1-142319

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the lands located at 705 Freeport Street. (9/13/PEC)

Bill No. 372

By-law No. Z.-1-142320

A by-law to amend By-law No. Z.-1 to remove holding provision from the zoning for lands located at 1968-1984 Wateroak Drive. (10/13/PEC)

Bill No. 373

By-law No. Z.-1-142321

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for the lands located at 675 Riverside Drive. (11/13/PEC)

Bill No. 374

By-law No. Z.-1-142322

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 3425 Roe Street. (20/13/PEC)

Bill No. 375

By-law No. Z.-1-142323

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 4585 Blakie Road. (21/13/PEC)

Bill No. 376

By-law No. Z.-1-142324

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 5279 Colonel Talbot Road. (22/13/PEC)

Bill No. 377

By-law No. Z.-1-142325

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1922-1930 Mallard Road and surrounding lands proposed to be zoned OS4. (23/13/PEC)

Bill No. 378

By-law No. Z.-1-142326

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 930 Gainsborough Road. (24/13/PEC)

Bill No. 379

By-law No. Z.-1-142327

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 225 and 229 Greenwood Avenue. (28/13/PEC)

Bill No. 380

By-law No. A.-7153-280

A By-law to authorize and approve a grant agreement between The Corporation of the City of London, The London Health Sciences Foundation and the St. Joseph’s Healthcare Foundation as it relates to the London Medical Innovation & Commercialization Network; and to authorize the Mayor and the City Clerk to execute the Agreement. (4/10/IEPC)

Bill No. 381
By-law No. C.P.-1284(up)-281

A by-law to amend the Official Plan for the City of London, 1989 relating to 660 Sunningdale Road East. (1/14/PEC)

Bill No. 382

By-law No. Z.-1-142328

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 660 Sunningdale Road East. (1/14/PEC)

Bill No. 383
By-law No. A.-7154-282

A By-law to authorize a Lease Amending Agreement between The Corporation of the City of London and Farhi Holdings Corporation, for the lease of office space located at 379 Dundas Street, for the Housing Access Centre, Housing Division, and to authorize the Mayor and the City Clerk to execute the Agreement. (1C/19/CSC)

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ADJOURNMENT