Council

MINUTES

15th meeting

September 17, 2013

The Council meets in Regular Session in the Council Chambers this day at 4:05 PM.

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

ALSO PRESENT:  A. Zuidema, J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, J. Freeman, M. Hayward, G. Hopcroft, O. Katolyk, P. Kokkoros, G. Kotsifas, L. Livingstone, V. McAlea Major, J. Page, R. Paynter, L.M. Rowe, R. Sharpe, E. Soldo and B. Weslake-Power.

At the beginning of the Meeting all Members are present except Councillors J.P. Bryant and P. Van Meerbergen.

I

DISCLOSURES OF PECUNIARY INTEREST

Councillor M. Brown discloses a pecuniary interest in clause 2 of the 16th Report of Community and Protective Services Committee, having to do with the 1st Report of the City of London and Thames Valley District School Board Liaison Committee, by indicating that the Thames Valley District School Board is his employer.

Councillor J.B. Swan discloses a pecuniary interest in clause 7 of the 24th Report of the Corporate Services Committee and the related Bill No. 395, having to do with amendments to the Fees and Charges By-law A-46 as it relates to Centennial Hall, by indicating that his employer is a tenant of Centennial Hall.

Councillor D. Brown discloses a pecuniary interest in clause 6 of the 16th Report of the Community and Protective Services Committee, having to do with By-law No. L.-129-51 - Taxi and Limousine Licensing By-law, by indicating that her employer has a limousine brokerage company.  Councillor D. Brown further discloses a pecuniary interest in clause 2 of the 17th Report of the Community and Protective Services Committee and related Bill No. 410, having to do with the Taxicab and Limousine Licensing By-law, by indicating that her employer has a limousine brokerage company.

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

None.

III

ADDED REPORTS

1.            20th Report of the Planning and Environment Committee.

2.            17th Report of the Community and Protective Services Committee.

Motion made by Councillor M. Brown and seconded by Councillor S. Orser to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 9 of the 15th Report of the Civic Works Committee, having to do with the installation of a traffic signal at Dalmagarry Road and Fanshawe Park Road West, to be heard immediately following the dinner break.

Motion Passed

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

At 4:15 PM Councillor J.P. Bryant enters the meeting.

Motion made by Councillor S. Orser and seconded by Councillor H.L. Usher to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 6 of the 16th Report of the Community and Protective Services Committee and clause 2 of the 17th Report of the Community and Protective Services Committee, having to do with the Taxi and Limousine Licensing By-law,  to be heard at 6:00 PM.

Motion Passed

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

RECUSED: D. Brown (1)

IV

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve that Council rise and go into Committee of the Whole in camera, for the purpose of considering the following:

a)

A matter pertaining to personal matters, including information regarding identifiable individuals, including municipal employees, with respect to employment related matters, labour relations and employee negotiations, and 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. (C1/24/CSC)

b)

A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning 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 advice which is the subject of solicitor client privilege. (C2/24/CSC)

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE FOURTEENTH MEETING HELD ON AUGUST 27, 2013

Motion made by Councillor D. Brown and seconded by Councillor J.L. Baechler to Approve the Minutes of the 14th Meeting held on August 27, 2013.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

16th Report of the Community and Protective Services Committee

Motion made by Councillor D. Brown to Approve clauses 1, 3, 4, 5, 7 and 8.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor D. Brown disclosed a pecuniary interest in clauses 6 and 12 of this Report having to do with Taxi and Limousine Licensing By-law related issues, by indicating that her employer is a taxi business.

3.

7th Report of the Accessibility Advisory Committee

That the 7th Report of the Accessibility Advisory Committee, from its meeting held on August 22, 2013, BE RECEIVED.

4.

93 Adelaide Street South - Property Standards Demolition

That on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the proposed as by-law appended to the staff report dated September 9, 2013, BE INTRODUCED at the Municipal Council Meeting on September 17, 2013, to cause the City to take all necessary actions to demolish all buildings and structures at 93 Adelaide Street South and leave the property in a graded and leveled condition.  (2013-P10D)

5.

Additional Unit for Affordable Housing Project at 129 Riverside Drive

That, on the recommendation of the Director, Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the affordable housing project at 129 Riverside Drive:

a)        the municipal allocation of $55,000 for one (1) additional unit at 129 Riverside Drive for Riverside Property Corp., BE APPROVED; it being noted that the total municipal allocation to Riverside Property Corp. is now $1,565,000, with $1,510,000 approved by Municipal Council in 2012 for twenty seven (27) affordable housing units;

b)        the above-noted funding allocation BE APPROVED from the Affordable Housing Reserve Fund be as set out in the Sources of Financing Report, appended to the staff report dated September 9, 2013;

c)        the proposed By-law, as appended to the staff report dated September 9, 2013, BE INTRODUCED at the Municipal Council meeting on September 17, 2013 to:

i)          approve an Amendment to the Municipal Contribution Agreement between the City and Riverside Property Corp.  for the provision of affordable housing at 129 Riverside Drive substantially in the form of an agreement appended to the by-law and to the satisfaction of the City Solicitor; and,

ii)         authorize the Mayor and the City Clerk to execute the said amended Agreement.   (2013-S11)

7.

A. Wilson, Licious Festivals Inc. - Request for Delegation Status – LondonLicious

That the request of A. Wilson, Licious Festivals Inc. for delegation status before the Community and Protective Services Committee BE NOTED AND FILED.  (2013-P11)

8.

Registry of Vacant Building By-law and Cost Recovery

That the communication dated August 15, 2013, from Councillor S. Orser, with respect to the Registry of Vacant Buildings By-law and cost recovery BE REFERRED to the Civic Administration to report back at a future meeting of the Community and Protective Services Committee.  (2013-C01)

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

Motion made by Councillor D. Brown to Approve clause 2.

2.	1st Report of the City of London and Thames Valley District School Board Liaison Committee

Motion Passed

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

RECUSED:  M. Brown (1)

Motion made by Councillor B. Armstrong to Approve clauses 6 and 12.

6.

By-law No. L.-129-51 - Taxi and Limousine Licensing By-law

12.

Update on Taxi Business Transfers

That the verbal report from O. Katolyk, Chief, Municipal Law Enforcement Services, with respect to the services provided to facilitate a  brokerage exchange, BE RECEIVED.  

Motion Passed

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

RECUSED:  D. Brown (1)

Motion made by Councillor D. Brown to Approve clauses 10 and 11.

10.

RFP 12-28 Animal Welfare Services

That the following actions be taken with respect to RFP 12-28, Animal Welfare Services:

a)        consideration of the award of the above-noted RFP BE DEFERRED for a period of not more than six months, in order for additional information to be gathered with respect to contract language, which will be considered by the Community and Protective Services Committee  (CPSC), related to metrics and measurables that may be incorporated in the contract;

b)        the current Animal Services Contract BE EXTENDED in order to facilitate the timeline for the additional information requested in a), above;

c)        the 10th Report of the Animal Welfare Advisory Committee (AWAC), from its meeting held on September 5, 2013, BE RECEIVED; it being noted that the CPSC received a verbal delegation from S. Rans, Chair, AWAC, with respect to this matter; and,

d)         the following representations BE RECEIVED:

i)           the attached presentation from the Chief, Municipal Law Enforcement Services            ii)         a verbal delegation from D. Fortney; and,

iii)         a communication dated September 8, 2013, from K. & K. Lomack.

11.

Proposed Enhancements for Animal Welfare Services

That, on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, the Civic Administration BE DIRECTED to take the following actions, with respect to animal welfare services:

a)        review and report back to the Community and Protective Services Committee (CPSC), in conjunction with the additional RFP 12-28 Animal Welfare Services report, related to the following initiatives, in an effort to implement the Vision and Mission Statement for Animal Services:

i)           pet limits per household;

ii)          pet fostering;

iii)         micro chipping;

iv)         off-leash parks; and,

v)         feral cat programs; 

b)         report back to the CPSC related to:

i)          the concept of developing a City of London shelter facility for stray and impounded animals, through joint ventures and/or private public partnerships; and,

ii)         creating a preferred list of service providers for spay and neuter services, in an effort to expand options for the public to attain these services. (2013-P14)

At 5:00 PM Mayor J.F. Fontana places Councillor M. Brown in the Chair and takes a seat at the Council Board.

At 5:14 PM Mayor J.F. Fontana resumes the Chair and Councillor M. Brown takes his seat at the Council Board.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)

9.

Request for Exemption from the City's Noise By-law PW-12

That the communication dated July 16, 2013 from E. Holder and B. McGuffin, with respect to a request for an exemption from the City's Noise By-law PW-12 and the City of London's Special Events Policies and Procedures, BE NOTED AND FILED. 

Motion Failed

YEAS: J.F. Fontana, B. Armstrong, S. Orser, N. Branscombe, H.L. Usher, J.P. Bryant (6)

NAYS: B. Polhill, J.B. Swan, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (9)

Motion made by Councillor D. Brown and seconded by Councillor B. Polhill to Refer the communication dated July 16, 2013 from E. Holder and B. McGuffin, with respect to a request for an exemption from the City’s Noise By-law PW-12 and the City of London’s Special Events Policies and Procedures back to the Civic Administration to review how the City could work with the New Year’s event organizer, given that it is a free concert that is open to all members of the public, to address the matter of a fine being issued under the Noise By-law.

At 5:29 PM Mayor J.F. Fontana places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

At 5:35 PM Mayor J.F. Fontana resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.

Motion Passed

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

NAYS: B. Armstrong, J.P. Bryant (2)

At 5:43 PM  Councillors P. Van Meerbergen and S.E. White leave the meeting.

Motion Passed

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

NAYS:  S. Orser (1)

RECUSED:  D. Brown (1)

V

RECOGNITIONS (CONTINUED)

15th Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

Motion made by Councillor P. Van Meerbergen to Approve clause 9.

9.

Fanshawe Park Road West and Dalmagarry Road Traffic Signal

That, on the recommendation of the Managing Director of Environmental and Engineering Services and City Engineer and the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the Fanshawe Park Road West and Dalmagarry Road Traffic Signal:

a)            installation of a temporary Intersection Pedestrian Signal (I.P.S.) BE APPROVED for Fanshawe Park Road West at Dalmagarry Road at an estimated cost of $50,000; and,

b)            the City make every effort to secure a cost-sharing arrangement between the City, the two area developers and the London and District Catholic School Board for the installation of the temporary I.P.S., with the City utilizing existing budget funds from Capital Project No. TS4067-13 to cover its share of the associated costs; it being noted that the work will be completed this Fall;

it being noted that the Civic Works Committee (CWC) reviewed and received the following communications with respect to this matter:

·                     a communication dated September 4, 2013 from T. Easter, 1201 Aldersbrook Road;

·                     a communication dated September 5, 2013 from M. Weaver, London District Catholic School Board;

·                     a communication dated September 3, 2013, from M. Cunningham, 23 Springett Court; and,

·                     a communication dated September 5, 2013, from P. and T. Riquinha, 1788 Jubilee Drive;

it being further noted that the CWC heard a verbal overview from the Director, Roads and Transportation;

it being pointed out that the following individuals made an oral submission in connection therewith: 

·                     T. Easter, 1291 Aldersbrook Road – advising she is representing the new school and new Students’ Council and is acting on behalf of parents; thanking staff for the quick turn around on the report; acknowledging the volume and speed of the traffic; recalling an incident with a student being hit at Gainsborough and Aldersbrook several years ago; stating that this is a dangerous intersection due to blinding morning sunlight and speed that has already caused vehicular accidents; noting that students will not use the Aldersbrook crossing but will use the shortest route possible; advising that the Aldersbrook Gate signal is too short and often leaves students stranded on the median; requesting that that signal be altered to allow more time for students to cross; offering examples of other crosswalk installations at Lucas Secondary School and Sherwood Forest Public School, noting that she could provide a list of many more examples; stating that the vehicles do not adhere to signage and that the students have been asked to use a back entrance to the school to avoid the construction traffic; indicating that $50,000 is a bargain for the safety of our children and requesting that the City put regulations and budget aside and do the right thing and provide a safe road crossing for both pedestrian and vehicular traffic.

·                     M. Weaver, London District Catholic School Board – noting the points addressed in his above-noted submission he; thanked the staff for a comprehensive report; suggesting that the survey count was low as many parents have chosen to drive their children to school due to the unsafe conditions; advising that the problem with the developers should not be borne by the students; stating that the students will take the path of least resistance despite unsafe conditions; requesting that appropriate temporary traffic controls be put in place until a permanent solution is completed; advising that this will impact the bus traffic currently unable to utilize this intersection and noting that the number of walkers will continue to increase significantly over the next several years.  (2013-T07)

1.

Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary interest in clause 7 of this Report having to do with proposed changes to fees and charges related to Centennial Hall, by indicating that his employer, Orchestra London, rents space from Centennial Hall.

2.

2013 Operating Budget Status - Second Quarter Report

3.

2013 Capital Budget Status - Second Quarter Report

That on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the following actions be taken:

a)        the 2013 Capital Budget Status - Second Quarter Report BE RECEIVED for information; and

b)        the capital projects listed in Appendix A of the staff report dated September 10, 2013 with a total of $6.4 million of net surplus funding BE CLOSED and that the following actions be taken:

i)          reserve fund draws of $5,110,629.97 BE TRANSFERRED back to the reserve funds which originally funded the projects;

ii)         pay-as-you-go funding of $528,925.20 BE TRANSFERRED to the capital receipts account; and

iii)        debt financing of $747,433.94 BE USED to reduce authorized but unissued debt.

4.

Amendment to By-law to Establish Self Insurance Reserve Fund

That, on the recommendation of the City Clerk, the proposed by-law (Appendix “A”) appended to the staff report dated September 10, 2013 BE INTRODUCED at the Municipal Council meeting on September 17, 2013 to amend By-law A.-5929-208, entitled “A by-law to establish a reserve fund known as the Self Insurance Reserve Fund”, to make technical amendments resulting from administration title changes as a result of a new organizational structure.

5.

Amendment to Council Policy 5(16) - General Policy for Advisory Committees

That, on the recommendation of the City Clerk, the proposed by-law (Appendix “A”) appended to the staff report dated September 10, 2013 BE INTRODUCED at the Municipal Council meeting on September 17, 2013 to delete and replace section 3 of Council Policy 5(16) entitled “General Policy for Advisory Committees” in order to delegate the acceptance and processing of resignations from Advisory Committees to the City Clerk.

6.

City of London Internship Program

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the staff report dated September 10, 2013 with respect to the City of London internship program  BE RECEIVED for information purposes.

10.

Conservation Ontario - White Paper - Watershed Management Futures for Ontario

That the communication dated June 25, 2013 from R.F. Powers, President, Association of Municipalities Ontario (AMO), with respect to Conservation Ontario’s White Paper on Watershed Management Futures for Ontario BE NOTED AND FILED.

11.

Appointment to the Environmental and Ecological Planning Advisory Committee

That Jeremy Bird BE APPOINTED to the Environmental and Ecological Planning Advisory Committee as a Voting Member-at-Large, for the term ending February 28, 2015.

12.

Appointment to the London Diversity and Race Relations Advisory Committee

That the following individuals BE APPOINTED to the London Diversity and Race Relations Advisory Committee, for the term ending February 28, 2015:

Voting:

•           Sharif Behruz (Member-at-Large)

•           Florence Cassar (Member-at-Large)

•           Clayon Hamilton (Member-at-Large)

13.

Resignation from the London Diversity and Race Relations Advisory Committee

That the communication dated August 29, 2013 from David Cardoso, resigning his appointment to the London Diversity and  Race Relations Advisory Committee, BE ACCEPTED and Mr. Cardoso BE THANKED for participating on the Committee.

14.

Resignation from the London Advisory Committee on Heritage

That the communication dated August 1, 2013 from Trevor Fowler, resigning his appointment to the London Advisory Committee on Heritage, BE ACCEPTED and Mr. Fowler BE THANKED for participating on the Committee.

7.

Amendments to Fees and Charges By-law A-46 to Amend Fees Related to Centennial Hall, Bid Documents, Telecommunication Towers Public Consultation Process, Display Fireworks Inspection/Permits and Records Research

9.

Cell Phone Usage by City of London Employees

8.

Blackfriars Bridge – Structural Repairs and Temporary Closure

8.

Tribunal re Development Charges Complaint – 75 Blackfriars Bridge

1.

Disclosures of Pecuniary Interest

2.

Request for Naming of the Quebec Street Bridge to Field Marshal of Wolseley Bridge

That, on the recommendation of the City Clerk, the following actions be taken with respect to the naming of the Quebec Street Bridge:

a)         the naming of the Quebec Street Bridge to Field Marshal Wolseley Bridge BE APPROVED; and,

b)         the Civic Administration BE AUTHORIZED to make the necessary arrangements for the appropriate recognition with respect to a), above.  (2013-D29)

3.

By-law for the Execution of the Revised Occupancy Agreement with London Hydro for Ground- Mounted Solar Photovoltaic Energy Systems

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the revised Occupancy Agreement with London Hydro for Ground-Mounted Solar Photovoltaic Energy Systems ("Agreement)":

a)            the proposed by-law appended to the staff report dated September 9, 2013 BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013 to approve the revised Occupancy Agreement With London Hydro for Ground-Mounted Solar Photovoltaic Energy Systems (“Agreement”) with respect to the installation of a solar electricity generation system at the Manning Drive Regional Material Recovery Facility; and,

b)            the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement on the City’s behalf. (2013-L04)

4.

Hyde Park Road Widening Phase 2 North of CP Railway to North of Fanshawe Park Road Detailed Design and Tendering Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the appointment of a consultant for the Hyde Park Road Widening Phase 2 project (TS1477-2):

a)         Stantec Consulting Limited, 800-171 Queens Avenue London, ON N6A 5J7, BE APPOINTED Consulting Engineers for the detailed design and tendering of the Hyde Park Road Widening – Phase 2, in the amount of $566,407.00 (excluding HST.); it being noted that this firm has provided a proposal for consultant engineering services, in accordance with Section 15.2 (e) of the City of London’s Procurement of Goods and Services Policy, and based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers;

b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated September 9, 2013;

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 each Consultant for their respective project; 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.   (2013-P05)

5.

Sunningdale Road and Wonderland Road North Roundabout Detailed Design and Tendering Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the intersection of Sunningdale Road and Wonderland Road North (TS1496-2):

a)         Dillon Consulting Limited, 130 Dufferin Avenue Suite 1400 London, ON N6A 5R2  BE APPOINTED Consulting Engineers for the detailed design and tendering of the said project in the amount of $247,243.50 (excluding HST); it being noted that this firm has provided a proposal for consultant engineering services, in accordance with Section 15.2 (d) of the City of London’s Procurement of Goods and Services Policy and based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers;

b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated September 9, 2013;

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 each Consultant for their respective project; 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.   (2013-A05)

6.

Thames River Reach 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 Consulting Engineer for the Thames River Reach Study:

a)         Riggs Engineering Limited, 1240 Commissioners Road West, Suite 205, London, Ontario, N6K 1C7 BE APPOINTED as Consulting Engineers to conduct a Thames River Reach Study in the amount of $197,890 including contingency, excluding HST;  in accordance with Section 15.2(d) of the Procurement of Goods and Services Policy and based on the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers;

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

c)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated September 9, 2013;

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.   (2013-A05)

11.

Biosolids Disposal Assessment

That, on the recommendation of the Director, Water and Wastewater, the Civic Administration BE DIRECTED to report back to the Civic Works Committee with respect to a strategy to implement an Organic Rankine Cycle engine to the current dewatering-incinerator process to generate electricity from waste heat at the Greenway Wastewater Treatment Plant; it being noted that the Civic Works Committee received the attached presentation from J. Lucas, Director, Water and Wastewater.  (2013-E07)

7.

Grants for Sump Pump, Sewage Ejector and Storm Private Drain Connection By-law - Proposed Amendment

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated September 9, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013 to amend the existing “Grants for Sump Pump, Sewage Ejector, and Storm Private Drain Connection By-law (A-6403-272) to reflect changes to the grants available for owners of single detached, semi-detached, and duplex dwellings deemed eligible to participate in the grant program, which are subject to funding being available in the yearly budget allocation for this purpose, as follows:

            The City pays to the owner up to 75% of the demonstrated cost established for:

a)    sump pump installation - up to a maximum of $1,950.00 for out-of-pocket expenses to disconnect the footing tiles when they are connected to the main drain inside the basement; or

b)    sump pump installation - up to a maximum of $2,650.00 for out-of-pocket expenses to disconnect the footing tiles when they are connected to the main drain outside the basement – this is the current amount available which appears to be sufficient at this time;

c)    up to a maximum of $825.00 for out-of-pocket expenses when a full port-type backwater valve is installed in a residential home that already has an approved sump pump;

d)    up to a maximum of $6,000.00 for out-of-pocket expenses to construct a storm private drain connection (PDC) within the City road allowance or within a City easement, including a storm building sewer on private property to the dwelling unit where it connects to the sump pump discharge; or

e)    up to a maximum of $1,000.00 for out-of-pocket expenses to construct a storm building sewer on private property from the dwelling unit, from an existing storm PDC on the City road allowance or within a City easement.  (2013-C01)

At 10:26 PM Councillor S. Orser leaves the meeting.

10.

Amendment to Fees and Charges By-law A-46 Residential Parking Pass Program First Pass Fee Exemption - Trowbridge Avenue, Mary Avenue and Pinewood Drive and Traffic and Parking By-law PS-111

That the matter of fee exemptions for Residential Parking Passes BE REFERRED back to staff to bring forward a proposed by-law that would implement a Residential Parking Pass Program that is consistent throughout the City by eliminating the free parking passes in the pilot program area and applying the same requirements throughout the City;

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2013-C01)

Motion made by Councillor P. Van Meerbergen and seconded by Councillor D.G. Henderson to Refer the matter of residential parking passes back to the Civic Works Committee for further review.

Motion Passed

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

NAYS: J.F. Fontana, P. Van Meerbergen (2)

19th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

Motion made by Councillor B. Polhill to Approve clauses 1 to 11, inclusive.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Properties located at 2290 Torrey Pines Way and 159-285 Castlehill Close (H-8177)

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of Sunningdale Developments Inc., relating to the property located at 2290 Torrey Pines Way and 159-285 Castlehill Close, the proposed by-law, as appended to the staff report dated September 10, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 2290 Torrey Pines Way FROM a Holding Residential R6 Special Provision/ Residential R7 Special Provision (h-53*h-100*R6-5 (25)/R7 (12)) Zone TO a Residential R6 Special Provision/ Residential R7 Special Provision (R6-5 (25)/R7 (12)) Zone, to remove the holding “h-53” and “h-100” provisions and to change the zoning of 159-285 Castlehill Close FROM a Holding Residential R1 (h-100*R1-4) TO a Residential R1(R1-4) Zone to remove the holding “h-100” provision.  (2013-D14B)

3.

Property located at 160 Sunningdale Road West (H-8084)

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of Tricar Developments Inc., relating to the property located at 160 Sunningdale Road West, the proposed by-law, as appended to the staff report dated September 10, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 160 Sunningdale Road West FROM a Holding Residential R9 Special Provision (h-100*R9-7(16)*H48) Zone and a Holding Residential R4 (h*h-100*R4-6) Zone TO a Holding Residential R9 Special Provision (R9-7(16)* H48) Zone and a Holding Residential R4 (h*R4-6) Zone to remove the h-100 holding provision.  (2013-D14B)

4.

Property located at 275 Callaway Road (H-8217)

That, on the recommendation of the Manager, Development Services and Planning Liaison, based on the application of Richmond Village (London) Inc., relating to the property located at 275 Callaway Road, the proposed by-law, as appended to the staff report dated September 10, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R6 Special Provision/ Residential R7 Special Provision (h*h-53*h-99*h-100*R6-5 (26)/R7 (10)) Zone TO a Holding Residential R6 Special Provision/ Residential R7 Special Provision (h-100*R6-5 (26)/R7 (10)) Zone to remove the holding “h-5”, “h-53” and “h-99” provisions.   (2013-D14B)

5.

Property located at 1300 Fanshawe Park Road East - Extension to Draft Plan of Subdivision Approval (39T-04512)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the Draft Plan of Subdivision application of 700531 Ontario Limited (Marsman), relating to the property located at 1300 Fanshawe Park Road East:

a)        the Approval Authority BE ADVISED that the Municipal Council supports a three (3) year extension to Draft Approval for the draft plan of subdivision submitted by 700531 Ontario Limited (Marsman), prepared by Development Engineering, certified by Bruce S. Baker, Ontario Land Surveyor (Drawing No. D1082-DPsouth, dated September, 2003), as red-line amended, which shows two (2) commercial blocks, two (2) high density residential blocks, two (2) medium density residential blocks, one (1) stormwater management block, one (1) open space block, one (1) park block and several reserve and road widening blocks served by two (2) new secondary collector roads SUBJECT TO the revised conditions contained in Schedule "A”, as appended to the staff report dated September 10, 2013; and,

b)        the financing for this project BE APPROVED in accordance with the “Related Estimated Costs and Revenues” appended as Schedule “B” to the associated staff report, dated September 10, 2013.   (2013-D12)

6.

Lands located West of Meadowgate Boulevard and East of Highbury Avenue South - Extension of Draft Approval (39T-92020-D)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Jackson Land Corp., relating to the property located on the south side of Evans Boulevard, west of Meadowgate Boulevard, and east of Highbury Avenue South, legally described as Part of Lots 15 and 16, Concession 1 (Geographic Township of Westminster):

a)            the Approval Authority BE REQUESTED to approve a three (3) year extension to Draft Plan Approval for the residential plan of subdivision, as red-line amended, SUBJECT TO the revised conditions appended as Schedule “A” 39T-92020-D to the associated staff report, dated September 10, 2013; and,

b)            the financing for this project BE APPROVED in accordance with the “Related Estimated Costs and Revenues” appended as Schedule “B” 39T-92020-D to the associated staff report, dated September 10, 2013.  (2013-D12)

7.

Property located at 940 Springbank Drive

That, on the recommendation of the Managing Director, Development and Compliance Services & Chief Building Official, the Municipal Council BE ADVISED that the Approval Authority has approved minor amendments to the plans associated with the development agreement for the construction of a 12 storey apartment building, with 165 units, at the property located at  940 Springbank Drive.  (2013-D11)

8.

Building Division Monthly Report for July 2013

That the Building Division Monthly Report for July 2013 BE RECEIVED.  (2013-P06)

9.

Property located at 1140 Southdale Road West

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the Site Plan approval application by HLH Investments Ltd., relating to the property located at 1140 Southdale Road West:

a)        the Approval Authority BE ADVISED that there were no issues raised at the public participation meeting of the Planning and Environment Committee with respect to the application for site plan approval;

b)        the Approval Authority BE ADVISED that the Municipal Council supports the site plan application for a commercial building at 1140 Southdale Road West; and,

c)        the financing for this project BE APPROVED in accordance with the “Related Estimated Costs and Revenues” appended as Schedule “A” to the associated staff report, dated September 10, 2013.   (2013-D11)

10.

City-Wide Official Plan/Zoning By-law Review - City of London (OZ-7783)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken as a result of the City-wide Official Plan/Zoning By-law review of potential locations of Self-storage Establishments in the City of London:

a)        the proposed by-law, as appended to the staff report dated September 10, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013 to amend the Official Plan TO add Self-storage Establishments as a permitted use under Section 4.4.2.4 of the Auto Oriented Commercial Corridor designation and add new urban design objectives for all uses to Section 4.4.2.8 of the Auto Oriented Commercial Corridor designation; and,

b)        the proposed by-law, as appended to the staff report dated September 10, 2013,  BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), TO:

i)          amend the existing definition of “WAREHOUSE ESTABLISHMENT” in Section 2 (Definitions) to exclude Self-storage Establishments;

ii)         add  Self-storage Establishments as a permitted use to the RSC1, RSC4 and RSC5 zone variations;

iii)         amend the LI1 zone variation to add “Existing Self-storage Establishments” as a permitted use; and,

iv)        add a new LI10 zone variation which would permit Self-storage Establishments where additional city policy provides such direction;

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

•           Derek McBurney, 4-466 South Street – indicating that it is a matter of communicating better because he has had a number of phone calls and over 100 e-mails from people who are really worried that they were just going to start popping up in their neighbourhood; advising that the Planning Department has answered this concern well; and, reiterating the need to communicate better with the public.    (2013-D14A)

11.

Property located at 1603 Hamilton Road (39T-09502)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Sifton Properties Limited, relating to the lands located at 1603 Hamilton Road:

a)         the Approval Authority BE ADVISED that, at the public participation meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to the following:

i)              protecting the lands abutting the Thames River and protecting the water quality of the Thames River;

ii)             ensuring that there will be no pathway in the environmentally significant area to the west of this development;

iii)            ensuring that the stormwater management pond has erosion control measures implemented;

iv)           enquiring as to the location of the medium-density and high-density housing forms in relation to the Thames River;

v)            enquiring as to whether or not a fence or wall is to be built between the subject property and the property located at 1645 Hamilton Road; and,

vi)           enquiring about the water drainage on the subject property and the property located at 1617 Hamilton Road;

b)         the Approval Authority BE ADVISED that Municipal Council supports revisions to the draft approved plan of subdivision as submitted by Sifton Properties Limited, prepared by Robert D. Stirling, Ontario Land Surveyor (Drawing No. D4099-DP.dwg, dated May 14, 2013), as red line revised, which shows 152 single family lots, one (1) multi-family, high density residential block, four (4) multi-family, medium density residential blocks, two (2) multi-family, low density residential blocks, one (1) commercial/office mixed use block, seven (7) park blocks, nine (9) buffer/ open space/ restoration blocks, two (2) stormwater pond blocks and seven (7) reserve, easement and road widening blocks served by a primary collector road extending north from Commissioners Road East and four internal local streets, SUBJECT TO the conditions appended as Appendix “39T-09502-1” to the associated staff report, dated September 10, 2013;

c)         the proposed by-law, as appended to the staff report dated September 10, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013 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•h-100•R1-4) Zone, a Residential R1 (R1-10) Zone, a Holding Residential R6 Special Provision (h•h-100•R6-2(11)) Zone, a Holding Residential R6 Special Provision (h•h-100•R6-2(12)) Zone, a Holding Residential R5/R6/R8 Special Provision (h•h-71•h-100•R5-6(8)/R6-5(31)/R8-2(4)) Zone, an Open Space Special Provision (OS1(3)) Zone, a Holding Open Space (h-2•OS4) Zone, an Open Space (OS5) Zone, and an Open Space Special Provision (OS5(3) Zone TO a Holding Residential R1 (h•h-100•R1-4) Zone, a Holding Residential R6 Special Provision (h•h-100•R6-2(11)) Zone, a Holding Residential R6 Special Provision (h•h-100•h-   •R6-2(11)) Zone, an Open Space Special Provision (OS1(3)) Zone, an Open Space (OS5) Zone and an Open Space Special Provision (OS5(3)) Zone, together with a holding provision that an Environmental Impact Study (EIS) to address the potential impacts of the access laneway within Block 153 be required to the satisfaction of the City and the UTRCA;

it being noted that the Planning and Environment Committee reviewed and received a communication, dated September 8, 2013, from G. Smith, Friends of Meadowlily Woods Community Association, with respect to this matter;

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

·                     Gary Smith, Friends of Meadowlily Woods – see attached presentation.

·                     Ken Goodhand, 1645 Hamilton Road – indicating that he has a question about the border between his property and the subject property as they share a property line; indicating that he asked about this matter in 2006 or 2007 when this property was first purchased by Sifton Properties Limited; indicating that, at that time they mentioned that they would like a wall or a fence installed; and indicating that he would like to know what is happening with his request for a wall or a fence to be installed.

·                     Mariola Karpierz, 1617 Hamilton Road – advising that pathways have been proposed; however, the pathways are not included on the designs that they have received; advising that there is water running along the property line; enquiring as to what is going to happen with the water run off as there is currently an access road that has been built in the last two months; and enquiring as to whether or not the access road is staying and how the water is going to be diverted from that site.

·                     Bob Stratford, on behalf of Sifton Properties Limited – indicating that, during the construction of the stormwater management pond, the City has installed an access road to the site; advising that he is uncertain whether or not the City will remove the temporary access road before Sifton Properties Limited obtains final detailed design approvals to construct the final works; indicating that the engineering design does have consideration for drainage on the east side of the property in the limits of the draft plan as well as provisions for storm sewer to collect runoff that is existing today; indicating that the plan is that they will be addressing the storm drainage at that location when they get out there to do their work; advising that, in the interim, he has not been involved in the construction of the stormwater management pond, but he believes that an access road would have been built and perhaps it has cut off some drainage; suggesting that the City look into the drainage as part of their construction program; advising that there is a regulated Upper Thames River Conservation Authority flood line on the property; advising that there will not be development inside the flood plain; noting that the development of the plan had a high regard for the flood line location; indicating that there was a suggestion, on the block where there is multi-family housing planned, to give consideration to other forms of development that may be more suitable given the grades; advising that it is their opinion that the multi-family type construction can blend in with the environment there and they have completed concept plans. (2013-D12)

12.

Property located at 450 Oxford Street West (OZ-8003)

That, the following actions be taken with respect to the application of Bluestone Properties Inc., relating to the property located at 450 Oxford Street West:

a)         the proposed by-law, as appended to the staff report dated September 20, 2013, BE INTRODUCED at the Municipal Council meeting to be held on September 17, 2013, to amend the Official Plan to  change the designation of the subject lands FROM a Multi-family, High Density Residential designation and an Open Space designation TO an Office Area designation, to permit office and secondary uses with a maximum office gross floor area of 5,000 square metres; it being noted that a fill permit may be required from the Upper Thames River Conservation Authority for a portion of these lands;

b)         the proposed Zoning By-law amendment to change the zoning of the subject property FROM a Restricted Office/Day Care (RO2/DC) Zone, which permits office uses and day care facilities with a maximum office gross floor area of 2,000 square metres, and an Open Space (OS4) Zone, which permits conservation lands and works, golf courses, private parks, public parks, cultivation or use of land for agricultural/horticultural purposes and sports fields TO a Holding Office Special Provision (h-___*OF4( )) Zone, to permit clinics, medical/dental offices, medical/dental laboratories, offices, financial institutions and personal service establishments with a maximum gross floor area of 5,000 square metres, and special provisions to establish minimum and maximum yard setbacks from Oxford Street West of between 1.0 and 3.0 metres and minimum and maximum yard setbacks from Proudfoot Lane of between 4.0 metres and 6.0 metres; it being noted that the holding provision requires that no development occur on these lands until such time as the Upper Thames River Conservation Authority has provided to the City any revised floodlines arising from the completed Mud Creek Subwatershed Study Update, and has approved a fill permit, if required, BE REFERRED to the Civic Administration for further consideration and to report back at a future public meeting of the Planning and Environment Committee following the resolution of issues related to the location of the floodlines on these lands arising from the final Mud Creek Subwatershed Study update;

c)         the request for the Site Plan Approval Authority to consider design, transportation and environmental issues, through the site plan process BE REFERRED to the Civic Administration for further consideration and to report back at a future meeting of the Planning and Environment Committee in association with clause b), above;

d)         upon completion of the Mud Creek Subwatershed Study Update and the provision of revised flood lines by the Upper Thames River Conservation Authority to the City, the Civic Administration BE DIRECTED to provide any required amendments to the Official Plan and the Z.-1 Zoning By-law to implement the revised flood lines as approved by the Upper Thames River Conservation Authority; it being noted that an Open Space designation and an Open Space (OS4) zone variation could be applied to a portion of these lands; and,

e)         no action BE TAKEN to pursue City acquisition of the portion of the subject lands currently designated as Open Space in the Official Plan;

it being noted that the Planning and Environment Committee reviewed and received a communication, dated September 6, 2013, from J. Brick, Coordinator, Hydrology and Regulatory Services, Upper Thames River Conservation Authority, with respect to this matter;

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

·                     Alan R. Patton, Patton Cormier & Associates, on behalf of the applicant – advising that on page 2 of the staff report, Mr. Bierbaum has been involved in a development proposal on this land since 2004; indicating that, at this point in this long and iterative process, Bluestone is asking that the Municipal Council only pass the Official Plan amendment to redesignate the property to an Office Area designation; noting that this  will put some certainty in the planning process that the Municipal Council is seriously looking at an office area designation; advising that Bluestone also asks that discussions regarding the Zoning by-law amendments be adjourned to allow discussions to be held with both the Upper Thames River Conservation Authority (UTRCA) and the City on a number of technical issues, many of which the Committee has heard tonight during the Planning staff review; indicating that some of the matters that they would like to discuss include traffic, such as setbacks from the ultimate road allowance, parking and a justification report rather than relying on a minor variance in the future; indicating that they believe that it is important to hold some discussions with the UTRCA over their position on the floodway; indicating that, in his review of the material, the UTRCA seems to be somewhat at odds with the City on this matter; advising that there are discussions that can be held during the zoning review as well as discussions concerning the Mud Creek Subwatershed Study; noting that the site plan approval would not be dealt with and revisions would be worked on at the appropriate time to provide the Committee with a more detailed site plan that what is presently before the Committee; advising that the Committee asked about the height allowed in the OF4 Zone and advising that the OF4 Zone permits a maximum height of 19 metres which equates to about 60 feet; noting that this would allow for a four or five storey building; indicating that Mr. Bierbaum has advised that he is open to the suggestion of a higher building to reduce the footprint but still maintain the gross floor area; indicating that Bluestone would rather get the Municipal Council’s position that an Office Area designation is appropriate and then continue the discussions over a zoning by-law that matches the floodway; indicating that there is a disconnect between what the Municipal Council will hear from the City’s stormwater management staff and the UTRCA on the area that is capable for development; indicating that there is no point in passing a zoning by-law with a holding provision; advising that after 9+ years, it is time that Bluestone has the knowledge that an Office Area designation on this property is sound land use planning and should be advanced; reiterating that what his client would like is exactly what the staff recommended in the Official Plan amendment and working out the details through zoning, everything from height to access points, to areas that would be parking and site plan approval matters; advising that the UTRCA would still have authority, through their regulatory process, to define where the floodway is; advising that that is independent of the Office Designation; indicating that Bluestone is hoping to avoid a h-5 holding provision on this property; advising that if you look at the wording of the h-5 holding symbol, it cannot be lifted until the UTRCA has provided the City with its revised flood lines arising from the Mud Creek Subwatershed Study and has approved a fill permit; advising that the way the h-5 holding provision has been drafted, the City puts all authority over the UTRCA; indicating that Bluestone believes that they can accomplish, with fair discussion, between Planning staff, Engineering staff and the UTRCA, to allow the development to proceed when both sides are satisfied that a fill permit that can be issued and there is no need to come back to another meeting to remove the h-5 holding provision; advising that the scenario that Bluestone is presenting is that if you adjourn the staff recommendation on the h-5 holding provision, another by-law could come forward at a second meeting when everyone is satisfied; indicating that he expects that the site plan will go a long way in satisfying the UTRCA; indicating that, in the UTRCA’s latest submissions, there are some obstacles to overcome; advising that Bluestone’s concern is to just take it one step at a time and not raise expectations; noting that Bluestone has some work to be do as they were just advised that the set back from the building will now be 20 meters; noting that the building was designed with a setback of 18 metres; advising that the application has been in the hands of the Municipality for so long that Bluestone can go to the Ontario Municipal Board (OMB) directly and have it dealt with at the OMB; noting that Bluestone is not prepared to take this action; and expressing concern that the passing of the proposed zoning by-law may trigger an appeal to the OMB.

·                     Henk Ketelaars, 1058 Colborne Street – advising that he is a Member of the Transportation Advisory Committee; expressing concern with the comments in the staff report addressing traffic heading north and exiting onto Oxford Street from that subdivision; noting that staff indicate that it is never a problem; advising that for him, the problem is going east from Platts Lane; and recommending the installation of an advance green in that intersection.

·                     Jeff Brick, Coordinator, Hydrology and Regulatory Services, Upper Thames River Conservation Authority (UTRCA) – answering the question with respect to the parking requirement on page 28 of the staff report; noting that parking is a part of development; advising that the Provincial Policy Statement prohibits development from being located in the flood way; advising that provisional development in the flood fringe is allowed, but new development in the flood way is prohibited; noting that parking is part of the development; keeping in mind that when you approve the development, you have to contemplate where the parking is going to be located; talking about prohibiting new development in the flood way ties in very nicely with the question that was asked about parking lots at Western University; noting that the parking lots at Western University are very problematic; however, they are existing parking lots; noting that if the UTRCA could go back and do it again, the UTRCA would do it differently and would not allow parking lots in the flood way that serve development located outside of the floodway; indicating that this reinforces why the policy has been worded as it is; indicating that the project that is being discussed is not an existing development, which is why he is making the comment about not putting development in the floodway; realizing that this has been a long process; noting that they have had communications, meetings and consultation with Mr. Bierbaum and City staff since the start of the project; further noting that everyone recognizes that this is a complicated application; thanking Mr. Bierbaum for his patience; advising that, with the information before the Committee tonight, there is a partially completed Mud Creek Subwatershed Study, which provides new information that the UTRCA is reacting to; indicating that the Study will be provided to the Civic Works Committee in a couple of weeks and that is one of their main concerns; expressing concern about relying on a recommendation from a Study that has not been fully completed or reviewed and may not have been vetted by other City departments; noting that it has not been vetted by the UTRCA; advising that, by selecting one recommendation out of the Study and choosing to rezone this property, it would certainly could cause some expectations that are very problematic; indicating that the 1995 Mud Creek Subwatershed Study did not generate accurate flood lines; noting that the UTRCA found that out during the process; further noting that it is unfortunate that those flood lines were not perfect; reiterating that, with the new information provided, the determination was made that the flood lines were substandard; indicating that the UTRCA has consistently advised the City that the approval of planning applications is premature until the flood line information is updated; advising that the UTRCA has worked with this proponent and the proponent has patiently waited while the Subwatershed Study was completed; noting that a flood line analysis for this type of property is much more extensive than just looking at the property on its own because you have to look at the whole subwatershed; further noting that, in fairness to a single proponent, the magnitude of a project to look at all of the catchment area and all of the constraints in the catchment area, which are on many other property owners land, would make it extremely difficult for this property owner to update the mapping; expressing appreciation to Mr. Bierbaum for his patience in allowing the Subwatershed Study update to occur and allowing the flood line mapping update, that was a part of that process, to occur; advising that the draft subwatershed update confirms that the property is below the 100 year elevation for the existing condition which is bad news for the development from the perspective that that puts it in the flood way; advising that the UTRCA understands that there is a preferred alternative identified in the draft Subwatershed Study which indicates that this site is a good candidate for filling to raise it out of the flood plain; however, the UTRCA provided their communication after they had an opportunity to review the Planning report to emphasize that it would be premature to make a decision on the basis of a Study in draft form because it is only draft at this point in time; advising that the preferred alternative, as identified by the consultant, would have the effect of increasing flood risk on adjacent properties and public infrastructure; advising that, to approve the preferred alternative, in its current form, without addressing the flooding on neighbouring properties, is precisely why the UTRCA regulates development in flood plains; indicating that the UTRCA does not want flooding on other properties; advising that  the preferred alternative is not consistent with Provincial policy to fill in the floodway on a property on its own, Conservation Authority policy and the City’s Official Plan; reiterating that the preferred alternative cannot be supported by the UTRCA; emphasizing that the UTRCA is very pragmatic about these matters; recognizing that there are examples referenced in the report,  the Pottersburg system and the Stanton drain system, where there have been projects which involved looking at the whole system, optimizing the flood plain, allowing the process to look at all the pro’s and con’s and coming up with a scheme which allows some filling in the floodway in exchange for protection of other areas; indicating that, as a Conservation Authority, we support those kinds of approaches on a watershed basis and there is possibly some potential for that kind of a scheme on this property; indicating that it is just too soon to say that it is going to work and to approve the Zoning and the Official Plan has the risk of creating expectations that may not be able to be realized; advising that the UTRCA is not a big fan of the holding provision, because we think that we really should hold off on the zoning amendment until we have the decision or the information in front of us to establish the principal of development; advising that the UTRCA still has some outstanding concerns regarding the woodlands significance that we would like to work through; advising that, on the issue of creating expectations by separating the Zoning and the Official Plan, the applicant has said please do not approve the zoning; however, we would suggest that you keep the Zoning and the Official Plan together for the same reasons that the Committee would not approve the Zoning tonight; noting that the Committee might not want to approve the Official Plan; realizing that approving the Official Plan gives the applicant some certainty that the City is interested in an Office designation, which is a nice message; noting that, by separating the Official Plan and the Zoning, you get two processes running, which is a bit unusual; indicating that he would encourage Mr. Bierbaum to keep the Zoning and the Official Plan together because you can create expectations; noting that if the Official Plan designation is passed, with the Open Space that currently exists on the property and, if the property is redesignated to an Office designation, there is the potential to run into the problem that, if none of the site is developable, you have to undo that designation later; advising that a little bit more time to work out these issues is warranted; advising that when he is talking about working out the issues, we have to be clear that, looking at this catchment and looking at filling a single privately held property that is currently not developed and currently not a problem that we already have and that we want to address, is extraordinary and is not consistent with Policy; noting that, that does not mean that it cannot be done, but we would need to really  consider what the needs in the subwatershed are, we would really need to look closely at the other alternatives in the Subwatershed Study and we would need to consider if the public infrastructure needs for that fill can be met; indicating that it is not unlike what we have talked about with the reach analysis for the hydro lands; noting that the reach analysis for the hydro lands is to address an existing problem and to allow an extraordinary exception to policy to allow filling on a property, but if we don’t allow filling on that property and bury our heads in the sand the problem remains; indicating that the difference with this property is that it may be a candidate for filling and we can look at it through a process, but this problem does not exist yet; advising that, we are saying to the Committee, to please take the time to confirm whether or not there is a problem, how big the problem is and whether or not Mr. Bierbaum’s property can be developed with some fill and looking at the impact on neighbouring properties and City infrastructure; indicating that other properties that are in the same boat in the watershed and need to be considered because if you create a precedent for one and you allow filling in the floodway believe me, the floodgates will be at the front desk of the UTRCA; confirming that the UTRCA has the regulatory authority; reiterating the UTRCA’s concern is that the Subwatershed Study is in draft form and it is very premature to approve a planning application on the basis of one alternative from an incomplete Study that promotes filling; indicating that is not actually in the City mandate to make that decision, but we certainly work closely with the City and we know each other’s policies; advising that it is within the UTRCA mandate to make that decision; reiterating that it is not consistent with the Provincial Policy, Conservation Authority Policy or the flood plain policies of the City; advising that the UTRCA role, with planning application review with the City, is that we provide you advice on the application when it comes to natural hazards under the Provincial policy and how it relates to our regulatory authority will manifest itself at the later stage; advising that we provide you with our advice at the front end of the decision making process so that the City can satisfy itself that it is fulfilling its obligation to be consistent with the Provincial Policy Statement; indicating that this is the Committee’s decision as the Committee is the decision maker on this Planning Act application; reiterating that the advice that we give you, in a case like this, where we say that it is not consistent with the Provincial Policy Statement to approve an application that contemplates development in the floodway, you have to satisfy yourself whether or not you can realize Provincial policy that we have just said that we just advised you that we do not think that you can meet; indicating that we would also advise you, in a case like this, that we also would not be prepared to issue a permit for filling; indicating that, in the case of this specific site, the current configuration of it, on the basis of the Mud Creek project that we have before us, suggests that this is a candidate for filling which is a ray of hope for the developer;  expressing the greatest respect for Delcan, this is not our first rodeo when it comes to filling; noting that we have done a program for conservation authority regulations for fill in the flood plain since the late 1970’s; indicating that it is ok to pick out three properties and fill them but you have to have reasons why you can say to the other 15,000 or 12,000 or 8,000 properties in that catchment, why they are not candidates for filling; advising that we had better have that package together and it had better be tight; advising that our position is that there may be an opportunity for Mr. Bierbaum’s property, or Bluestone’s property, to be filled; indicating that we fully support the systems approach, but we need to walk this decision through a decision making process like an environmental assessment where all of the options are considered in the public interest; advising that this is what we are attempting to realize in the end; noting that we did that for Pottersburg Creek and for Stanton Drain; however, we have not done that here; indicating that, in the absence of that process, the property is not developable, but I think that it is not hopeless; advising that the relationship between the UTRCA and the City is a legislative relationship, even though the UTRCA has not exercised that relationship in the past; noting that it is a much more cooperative process; and advising that Mr. Bierbaum understands that this property is highly constrained which puts them in a difficult position.  (2013-D14A)

Motion made by Councillor J.L. Baechler and seconded by Councillor J.P. Bryant to Refer clause 12, related to the matter of the applications for 450 Oxford Street West (Bluestone Properties Inc.), back to the Planning and Environment Committee until such time as additional information is available to support the proposed recommendation. 

At 10:50 PM Mayor J.F. Fontana places Councillor P. Hubert in the Chair and takes a seat at the Council Board. .

At 10:57 PM Mayor J.F. Fontana resumes the Chair and Councillor P. Hubert takes his seat at the Council Board. 

Motion Failed

YEAS: B. Armstrong, J.L. Baechler, D. Brown, H.L. Usher, J.P. Bryant (5)

NAYS: J.F. Fontana, B. Polhill, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, S.E. White (8)

Motion to Approve clause 12 is put.

15th Report of the Committee of the Whole

Councillor P. Van Meerbergen presents.

Motion made by Councillor P. Van Meerbergen to Approve progress on matters on the in camera items as noted in the motion to go in camera.

Motion Passed

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

X

DEFERRED MATTERS

XI

ENQUIRIES

XII

EMERGENT MOTIONS

None.

XIII

BY-LAWS

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

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve First Reading of Bill No.s 390 to 409, including revised Bill No. 392, and added Bill No.s 411 to 415.

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Second Reading of Bill No.s 390 to 409, including revised Bill No. 392, and added Bill No.s 411 to 415.

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Third Reading and Enactment of Bill No.s 390 to 409, including revised Bill No. 392, and added Bill No.s 411 to 415..

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve First Reading of revised Bill No. 410.

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Second Reading of revised Bill No. 410.

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment of revised Bill No. 410.

Motion Passed

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

RECUSED: D. Brown (1)

Bill No. 390

By-law No. A.-7013-283

A by-law to confirm the proceedings of the Council Meeting held on the 17^th day of September, 2013. (City Clerk)

Bill No. 391

By-law No. A.-7014-284

A by-law to approve and authorize the execution of an Occupancy Agreement for a Ground-Mounted Automatic-Tracking Solar Photovoltaic Energy System at the Manning Drive Material Recovery Facility between London Hydro Inc. and The Corporation of the City of London. (3/15/CWC)

Bill No. 392

By-law No. A.-7015-285

A By-law to repeal and replace By-law A.-6403-272 entitled ”A By-law to provide for a City of London Sump Pump, Sewage Ejector, and Storm Private Drain Connection Grant Program to owners of semi-detached, detached and duplex  residential properties, condominium corporations, and to non-profit housing co-operatives for units used for residential purposes”. (7/15/CWC)

Bill No. 393

By-law No. A.- 5929(a)-286

A by-law to amend By-law A.-5929-208, entitled “A by-law to establish a reserve fund known as the Self Insurance Reserve Fund”, to make technical amendments resulting from administration title changes as a result of a new organizational structure. (4/24/CSC)

Bill No. 394

By-law No. A.-7016-287

A by-law to amend section 3 of Council Policy 5(16) entitled “General Policy for Advisory Committees”. (5/24/CSC)

Bill No. 395

By-law No. A.-46-13003

A by-law to amend By-law A-46, being a by-law to provide for Various Fees and Charges. (7/24/CSC)

Bill No. 396

By-law No. A.-7017-288

A By-law to approve demolition of the property with municipal address of 93 Adelaide Street South under the Property Standards provisions of the Building Code Act. (4/16/CPSC)

Bill No. 397

By-law No. A.-7018-289

A by-law to approve an amended agreement between The Corporation of the City of London (the City) and the Riverside Property Corp. (the Proponent) for the purpose of establishing the City of London Affordable Housing Program and the City’s obligation to provide funding to the Proponent; and to authorize the Mayor and the City Clerk to execute the agreement. (5/16/CPSC)

Bill No. 398

By-law No. A.- 5273(cn)-290

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

Bill No. 399

By-law No. C.P.-1284(tj)-291

A by-law to amend the Official Plan for the City of London, 1989 relating to appropriate location for Self-storage Establishments. (10/19/PEC)

Bill No. 400

By-law No. C.P.-1284(tk)-292

A by-law to amend the Official Plan for the City of London, 1989 relating to 450 Oxford Street West. (12/19/PEC)

Bill No. 401

By-law No. S.-5595-293

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Springridge Drive and as part of Gough Avenue). (City Surveyor)

Bill No. 402

By-law No. S.-5596-294

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Tokala Trail). (City Surveyor)

Bill No. 403

By-law No. S.-5597-295

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as part of Cranbrook Road). (City Surveyor)

Bill No. 404

By-law No. S.-5598-296

A by-law to assume certain works and services in the City of London. (North Gren Subdivision 33M-475) (City Surveyor)

Bill No. 405

By-law No. Z.-1-132227

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the lands located at 2290 Torrey Pines Way and 159-285 Castlehill Close. (2/19/PEC)

Bill No. 406

By-law No. Z.-1-132228

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for a portion of land located at 160 Sunningdale Road West. (3/19/PEC)

Bill No. 407

By-law No. Z.-1-132229

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning of the land located at 275 Callaway Road. (4/19/PEC)

Bill No. 408

By-law No. Z.-1-132230

A by-law to amend Section 2 (Definitions), Section 4 (General Provisions), Section 28 (Restricted Service Commercial (RSC) Zone), and Section 40 (Light Industrial (LI) Zone) of By-law No. Z.-1 to address Self-storage Establishments in the City of London. (10/19/PEC)

Bill No. 409

By-law No. Z.-1-132231

A by-law to amend By-law No. Z.-1 to rezone lands located at 1603 Hamilton Road. (11/19/PEC)

Bill No. 410

By-law No. L.-129(b)-297

A By-law to amend By-law No. L.-129-51 being “A by-law to provide for the licensing, regulating and governing of vehicles for hire, including cab, accessible cab, limousine and group transportation vehicle drivers, owners and brokers”. (2/16/CPSC)

Bill No. 411

By-law No. Z.-1-132232

A by-law to amend By-law No. Z.-1 to amend a City-wide

definition. (2/20/PEC)

Bill No. 412

By-law No. Z.-1-132233

A by-law to amend By-law No. Z.-1 to amend a City-wide parking regulation for lands zoned Residential R1, R2, R3, R4, and R11. (2/20/PEC)

Bill No. 413

By-law No. Z.-1-132234

A by-law to amend By-law No. Z.-1 to amend a City-wide interior side yard depth regulation for lands zoned Residential R1-1 to R1-5 and R1-12 to R1-13. (2/20/PEC)

Bill No. 414

By-law No. A.-46-13004

A by-law to amend By-law A-46, being a by-law to provide for Various Fees and Charges in order to provide the first residential parking pass, at no charge, in the Trowbridge Avenue, Mary Avenue and Pinewood Drive area. (10/15/CWC)

Bill No. 415

By-law No. PS-111-13127

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London” in order to delete the no parking provisions for a portion of Trowbridge Avenue between the hours of 8:00 AM to 6:00 PM; and to add limited parking with respect to the residential parking pass program for portions of Mary Avenue, Pinewood Drive and Trowbridge Avenue. (10/15/CWC)

XIV

ADJOURNMENT