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Council

MINUTES

14TH MEETING

 

July 24 and 25, 2012

 

The Council meets in Regular Session in the Council Chambers this day at 5:00 PM on July 24, 2012.

 

PRESENT: Mayor J.F. Fontana, Councillors B. Polhill, W.J. 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 and S.E. White and C. Saunders (City Clerk).

 

ALSO PRESENT: T. Dobbie, S. Axford, J.P. Barber, G. Barrett, J. Braam, B. Coxhead, E. Gamble, M. Hayward, G.T. Hopcroft, J. Kobarda, B. Krichker, L. Livingstone, A. Macpherson, V. McAlea Major,  D. O’Brien, J. Ramsey, L. Rowe, R. Sharpe and J. Taylor.

 

At the beginning of the Meeting all Members are present.

 

I

RECOGNITIONS

 

1.

His Worship the Mayor recognizes Chantal Davison for winning a Fire Safety Action Award at the annual Fire Safety Awards ceremony in Toronto.

 

2.

His Worship the Mayor welcomes representatives of London's sister city, Nanjing, China.

 

3.

His Worship the Mayor receives the key to the City of Belize, from Councillor H.L. Usher.

 

II

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor P. Hubert discloses a pecuniary interest in clause 8 of the 19th Report of the Planning and Environment Committee, having to do with the property located at 1761 Wonderland Road North, by indicating that his son is employed by the proponent.  Councillor P. Hubert further discloses a pecuniary interest in clause 2e) of the 13th Report of the Investment and Economic Prosperity Committee, having to do with the proposal to provide incentives to owners to remove buildings located on Dundas Street, by indicating that he leases property in the area.

 

Councillor D. Brown discloses a pecuniary interest in clause 15 of the 12th Report of the Civic Works Committee, having to do with London Transit Commission Town Hall Meetings, by indicating that her employer has a contract with the London Transit Commission.  Councillor D. Brown further discloses a pecuniary interest in clause 2 of the 7th Report of the Public Safety Committee, having to do with the London Taxicab Owners’ and Drivers’ Group Inc. application to the Ontario Superior Court of Justice, by indicating that her employer owns and operates a taxi business.  Councillor D. Brown further discloses a pecuniary interest in clauses 2c), 2d), 2i) and 3b) of the 12th Report of the Investment and Economic Prosperity Committee, having to do with matters related to the London Transit Commission, by indicating that her employer has a contract with the London Transit Commission.

 

Councillor M. Brown discloses a pecuniary interest in clause 20 of the 21st Report of the Finance and Administrative Services Committee, having to do with an appointment to the Accessibility Advisory Committee, by indicating that he is employed by the Thames Valley District School Board.  Councillor M. Brown further discloses a pecuniary interest in clause 23 of the 21st Report of the Finance and Administrative Services Committee, having to do with the use of Local Improvement Charges Regulation for the purpose of acquiring surplus school sites, by indicating that he is employed by the Thames Valley District School Board.

 

Councillor N. Branscombe discloses a pecuniary interest in clause 9 of the 20th Report of the Planning and Environment Committee, having to do with the Airport Area Tax Increment Grant Program, 2480 Huron Street, by indicating that her spouse owns and operates a business in the vicinity.

 

Councillor J.B. Swan discloses a pecuniary interest in clause 2i) of the 13th Report of the Investment and Economic Prosperity Committee, having to do with a proposal submitted by Orchestra London, by indicating that he is employed by Orchestra London.

 

Councillor J.L. Baechler discloses a pecuniary interest in clause 3 of the 20th Report of the Planning and Environment Committee, having to do with beaver activity in the vicinity of stormwater management facilities and Municipal Drains or watercourses, by indicating that she lives in the vicinity of the Stanton Municipal Drain.

 

III

CONFIRMATION AND SIGNING OF THE MINUTES OF THE THIRTEENTH MEETING HELD ON JUNE 26 and 27, 2012

 

Motion made by Councillor D. Brown and seconded by Councillor J.P. Bryant to Approve the Minutes of the Thirteenth Meeting held on June 26 and 27, 2012.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

IV

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

            None.

 

V

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor N. Branscombe and seconded by Councillor P. Hubert to Approve Consideration with items, identified as follows:

 

1.

A. Oudshoorn, RN, PhD, UWO - 2013-2017 Budget Information Report (Refer to Deferred Matter No. 1 of the Agenda.)

 

2.

M. & D. Carruthers, 191 Langarth Street East - Properties located at 189 and 191 Langarth Street East (Refer to the Planning and Environment Committee Stage for Consideration with Clauses 10 and 11 of the 19th Report of the Planning and Environment Committee.)

 

3.

Manager, Parks Planning and Design - Community Infrastructure Improvement Fund (CIIF) (Refer to the Finance and Administrative Services Committee Stage for Consideration with Clause 3 of the 21st Report of the Finance and Administrative Services Committee.)

 

4.

N. Beneteau, By E-mail - Property located at 75 Blackfriars Street (OZ-8048) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 7 of the 19th Report of the Planning and Environment Committee.)

 

5.

L. Langdon, London Home Builders' Association - Building By-law Amendment (Refer to the Planning and Environment Committee Stage for Consideration with Clause 12 of the 19th Report of the Planning and Environment Committee.)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

VI

MOTIONS OF WHICH NOTICE IS GIVEN

 

            None. 

 

VII

ADDED REPORTS

 

1.            13th Report of the Investment and Economic Prosperity Committee

2.            20th Report of the Planning and Environment Committee

3.            22nd Report of the Finance and Administrative Services Committee

Motion made by Councillor S. Orser and seconded by Councillor N. Branscombe to Approve that pursuant to section to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of the Deferred Matters having to do with clause 2 of the 11th Report of the Strategic Priorities and Policy Committee, related to the 2013 Budget, be heard at this time.

 

Motion Passed

 

IX         DEFERRED MATTERS

 

Motion made by Councillor S. Orser and seconded by Councillor D. Brown to Approve that the following actions be taken with respect to the 2013 Budget:

 

a)            the report of the City Treasurer, Chief Financial Officer to the Strategic Priorities and Policy Committee, dated June 25, 2012 and entitled “2013-1017 Budget Information Report”, BE RECEIVED;

 

b)            Civic Departments, Boards, Commissions and outside agencies BE REQUESTED to table a “draft” 2013 budget with a target of 0.0% tax levy increase from 2012 rates; it being noted that any significant service impacts associated with the above be reviewed through a “business case” approach and further that the Service Review Committee be requested to review key “business cases” that may have a significant service impact to the community;  and,

 

c)            Civic Departments, Boards, Commissions and outside agencies BE REQUESTED to identify the costs of the extension of core services to new growth areas, it being noted that financial policy on assessment growth was approved by Council on May 22, 2012 for implementation; it being noted that the Strategic Priorities and Policy Committee received a communication dated May 2, 2012, from G. Macartney, CEO, London Chamber of Commerce, providing recommendations for the City of London's budgetary processes, and a communication dated May 31, 2012 from L. E. Ducharme, General Manager, London Transit, regarding business plan development and a multi-year budget program; it being further noted that the City Treasurer, Chief Financial Officer gave the attached presentation with respect to this matter; 

 

d)          that Council set clear 2012 to 2017 budget targets (long term) for the respective service areas, it being noted that several boards; including the London Transit Commission, London Public Library, Museum London, along with Civic Administration support long-term planning in setting the financial framework for the municipality; it being noted that this will allow service areas to adjust to Council set targets and allows the community to absorb the changes.

 

Motion made by Councillor D.G. Henderson and seconded by Councillor D. Brown to Approve that pursuant to section 11.14 of the Council Procedure By-law, that the question now be put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)

 

NAYS: W.J. Armstrong, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (7)

 

The motion to Approve the Deferred Matter related to the clause 2 of the 11th Report of the Strategic Priorities and Policy Committee, having to do with the 2013 Budget is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)

 

NAYS: W.J. Armstrong, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (7)

 

Motion made by Councillor P. Hubert and seconded by Councillor S.E. White to Approve that pursuant to section 18.2 of Council Procedure By-law leave be given for the introduction of emergent with respect to a related motion to the 2013 Budget.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, 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 (14)

 

NAYS: S. Orser (1)

 

Motion made by Councillor S.E. White and seconded by Councillor N. Branscombe to Approve the acceptance of the attached letter of resignation from Councillor N. Branscome from the of Services Review Committee.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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

REPORTS

 

 

11th Report of the Community Services Committee

Councillor N. Branscombe presents.

 

Motion made by Councillor N. Branscombe to Approve Clauses 1 to 5, inclusive.

 

1.

Disclosure of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Dearness Home Community Newsletter July - 2012

 

That the July 2012 edition of the “Dearness Newsletter” BE RECEIVED.

 

3.

Ontario Renovates Component of the Investment in Affordable Housing Program

 

That, on the recommendation of the Director of Municipal Housing, the local Ontario Renovates Home Adaptation Program outlined in the staff report dated July 17, 2012, BE APPROVED to provide up to $3,500 in financial assistance, per unit, for support modifications and adaptations to increase accessibility related to housing; it being noted that the allocation for the Ontario Renovates Home Adaptation Program is in accordance with the Council-approved Program Delivery and Fiscal Plan and that there is sufficient federal/provincial funding for up to 28 units per year until the funding ends on March 31, 2015.  (2012-C03-00)

 

4.

Market Lane – Construction Contract Award

 

That, on the recommendation of the Director of Land Use Planning, the following actions be taken with respect to Tender 12-71 Market Lane Re-Development:

 

a)            the bid submitted by PLS Landscaping and Excavation Limited, 1124 Gainsborough Road, London, Ontario N6H 5N1 at their tendered price of $602,775.00, including contingency, HST extra, BE ACCEPTED; it being noted that PLS Landscaping and Excavation Limited is the low bid and meets the terms, conditions and specifications in all areas; 

 

b)            the financing for the project BE APPROVED in accordance with the “Source of Financing Report” attached to the staff report dated July 17, 2012 as Appendix “A”;

 

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

 

the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing purchase orders or contract record relating to this matter.  (2012-D07-00)

 

 

 

 

 

5.

Request for Renaming of Riverside Park

 

That, on the recommendation of the City Clerk, with the concurrence of the Manager, Parks Planning & Design, the following actions be taken with respect to the renaming of the eastern half of Riverside Park:

 

a)         the renaming of the eastern half of  Riverside Park to  M. A. Baran Park BE APPROVED;

 

b)         the Civic Administration BE AUTHORIZED to make the necessary arrangements for the appropriate recognition with respect to a) above; and,

 

c)         the Civic Administration BE DIRECTED to report back to the Community Services Committee with respect to a review of Council Policy 3(7), the “Naming/Re-naming or Dedicating of Municipal Property, Buildings and Park Elements Policy,” with specific attention to considerations for public consultation in the process, the timing of announcements and confidentiality of applications.  (2012-E06-00)

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor M. Brown calls for a separate vote on clause 4.

 

Motion made by Councillor M. Brown and seconded by Councillor D. Brown to Approve that clause 4 BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria for the Strategic Investment and Economic Prosperity Plan.

 

Motion Failed

 

YEAS: M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown (4)

 

NAYS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, H.L. Usher, J.P. Bryant, S.E. White (11)

 

Motion to Approve clause 4 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, P. Hubert, H.L. Usher, J.P. Bryant, S.E. White (10)

 

NAYS: S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown (5)

 

Motion to Approve clauses 1, 2, 3 and 5, inclusive, is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

 

21st Report of the Finance and Administrative Services Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 5, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Zamboni Equipment Manufacturer Replacement Parts - Single Source

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental & Engineering Services & City Engineer, the following actions be taken:

 

a)         approval hereby BE GIVEN to enter into negotiations with Zamboni & Co., Ltd., P.O. Box 1388, Brantford, Ontario, N3T 5T6, for a contract on an annual basis for the Supply and Delivery of Ice Resurfacing (OEM) replacement parts;

 

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

 c)        the approval hereby given BE CONDITIONAL upon the Corporation entering into             negotiations annually for satisfactory prices, terms and conditions with Zamboni & Co.,             Ltd. to the satisfaction of the Acting Executive Director, Planning, Environmental &             Engineering Services & City Engineer; and

 

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

 

3.

Community Infrastructure Improvement Fund (CIIF)

 

That, on the recommendation of the City Treasurer, Chief Financial Officer, the following actions be taken with respect to the Community Infrastructure Improvement Fund (CIIF), announced on July 5, 2012; it being noted that eligible recipients may receive contributions up to a maximum of $1,000,000 under this program and must contribute a minimum of 50% of eligible costs:

 

a)         the capital projects listed in the revised attached Table 1, BE APPROVED for potential             application under the Community Infrastructure Improvement Fund, noting that other             appropriate projects may also be suggested by Civic Administration for Council             approval;

 

b)         the Civic Administration BE REQUESTED to report back to the Municipal Council, at its             meeting on July 24, 2012, with respect to options that might be available to undertake             intermediate improvements to Reg Cooper Square, in order to take advantage of the             CIIF, recognizing that this project is presently not contained in the 10-year budget plan;             and

 

c)         the Civic Administration BE AUTHORIZED to submit the necessary applications and             prepare any necessary by-laws regarding projects that are approved for funding under             the Community Infrastructure Improvement Fund.

 

4.

Appointment of 2014 Development Charges Study Advisor

 

That, on the recommendation of the City Treasurer, Chief Financial Officer, the following actions be taken with respect to the appointment of an advisor for the 2014 Development Charges Background Study:

 

 a)        the proposal submitted by Watson & Associates Economists Ltd. for advisory services related to the 2014 Development Charges Study and Municipal Services and Financing Agreement related services at the proposed price of $117,024, including contingency, and applicable taxes, BE ACCEPTED; it being noted that this engagement is a single source purchase consistent with sections 14.4(d) and (e) of the Procurement of Goods and Services Policy;

 

b)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated July 16, 2012;

 

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 substantially in accordance with the proposal letter attached as Appendix B; and

 

 d)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter.

 

5.

165 Elmwood Avenue East - Normal School

 

That, on the recommendation of the Director of Planning and City Planner, the following actions be taken regarding the potential acquisition and re-use of the property located at 165 Elmwood Avenue, the former London Normal School:

 

 a)        the attached Expression of Interest to solicit community partners for the on-going operation and occupancy of the former London Normal School BE ENDORSED, subject to further administrative review, including Finance and Purchasing and Supply; and,

 

 b)        the staff report dated July 16, 2012 BE RECEIVED for information; it being noted that an Expression of Interest has been provided to Infrastructure Ontario for their information; it being further noted that no funds have been identified for the acquisition of this building, or for any of the required building improvements.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor D.G. Henderson calls for a separate vote on clause 3.

 

Motion to Approve clause 3 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 to Approve clauses 1, 2, 4, and 5 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 P. Hubert to Approve clauses 6 to 14, inclusive.

 

6.

Communications Support for Advisory Committees

 

That, on the recommendation of the Interim City Manager, NO ACTION BE TAKEN with respect to the request from advisory committees for communications support.

 

7.

Volume License Pricing Agreement with Oracle Canada ULC

 

That, on the recommendation of the Chief Technology Officer of the City of London, the following actions be taken with respect to a Volume License Pricing Agreement with Oracle Canada ULC:

 

a)         the attached proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting on July 24, 2012 to:

 

i)              authorize and approve a Master Agreement Acknowledgement (attached as Schedule 1 to the by-law) between The Corporation of the City of London and Oracle Canada ULC to qualify for obtaining volume license pricing for products and services offered by Oracle;

 

ii)         delegate to the Chief Technology Officer of the City of London the authority to execute the agreement authorized and approved in part a), above; and

 

b)         the Civic Administration BE AUTHORIZED to undertake all the necessary administrative acts in connection with this matter.

 

8.

Amendment to Council Policy 28(2) – Council Members’ Expense Account

 

That, on the recommendation of the City Clerk, the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on July 24, 2012 to amend Council Policy 28(2) entitled “Council Members’ Expense Account” to amend part (c) of the Policy to establish an additional category for  “community event sponsorship and ticket purchases” so that these types of expenses are not subject to the annual cap established for gifts and souvenirs, as previously approved by the Municipal Council.

 

9.

City of London Days – John Labatt Centre

 

That, on the recommendation of the City Clerk, and in accordance with the policy for City events at the John Labatt Centre, the following event BE APPROVED as a City of London Day at the John Labatt Centre:

 

Living the Pledge Day – Kids Help Phone

November 13 OR 14, 2012

10.

London Police Headquarters Building – Asbestos Abatement and Alterations – Project No. GG1650-12, Tender No. T12-50

 

That, on the recommendation of the Managing Director – Corporate Assets, with the concurrence of the Chief of Police, the following actions be taken:

 

a)         the bid submitted by Norlon Builders London Limited, 151 York Street, London, Ontario N6A 1AB at its tendered price of $1,508,675.00 (HST excluded) for the London Police Headquarters Building Asbestos Abatement and Alterations BE ACCEPTED; it being pointed out that the bid submitted by Norlon Builders London Limited was the lowest bid received and meets the City’s specifications and requirements;

 

b)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated July 16, 2012;

 

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

 

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work.  (2012-A09-07)

 

11.

Request from Studer Holdings Limited to sever a Portion of Part 1, Plan 33R-17696 – Trafalgar Industrial Park III

 

That, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, the request, submitted on behalf of Studer Holdings Limited, to sever Part 1, Plan 33R-17696 in Trafalgar Industrial Park, Phase III, being 0.531 acre, BE ACCEPTED.

 

12.

Oakridge Arena Insulation & Cladding Upgrades – Project No. P-10-TS6217, Tender No. 12-69

 

That, on the recommendation of the Managing Director – Corporate Assets, the following actions be taken:

 

a)         the bid submitted by RusCan General Contracting Inc., 250 Ten Oaks Blvd., Concord, Ontario, L4K 5S1 at its tendered price of $110,000.00 (HST excluded) for the Oakridge Arena Insulation & Cladding Upgrades BE ACCEPTED; it being pointed out that the bid submitted by RusCan General Contracting Inc., was the lowest bid received and meets the City’s specifications and requirements in all areas;

 

b)         the Sources of Financing BE APPROVED as detailed in Appendix “A” of the associated staff report dated July 16, 2012;

 

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

 

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work. (2012-A09-02)

 

13.

Canada Ukraine Municipal Local Economic Development Program

 

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the following report on the City of London’s participation in the Ukraine Municipal Local Economic Development Program BE RECEIVED.

 

14.

Reporting of Statement of Claims

 

That, on the recommendation of the Manager, Risk Management, the report dated July 16, 2012 regarding statements of claim received for the period of February 1, 2012 to June 30, 2012 BE RECEIVED for information.

 

Motion to Approve clauses 6 to 14, inclusive is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 P. Hubert to Approve clauses 15 and 16.

 

15.

Application to the Trees and Forests Advisory Committee

 

That the City Clerk BE DIRECTED to advertise to seek applicants for any current vacancies on the Trees and Forests Advisory Committee.

 

16.

9th Report of the Governance Working Group

That the following actions be taken with respect to the 9th report of the Governance Working Group:

 

a)         clause 1 BE RECEIVED;

 

b)         the following actions being taken to implement the Council Service London Team, as        endorsed by Municipal Council on May 1 and 2, 2012:

 

i)            the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal             Council meeting on July 24, 2012 to amend Council Policy 28(2) entitled “Council             Members’ Expense Account” to implement an increase to the Council Members’          annual expense allocation from $8,750 to $15,000 as endorsed, above;

 

ii)           the Civic Administration BE AUTHORIZED to proceed with implementing the attached Three-Year Implementation Plan (Appendix “B”) to establish the Council Service London Team on the understanding that the implementation will occur as expeditiously as possible and not necessarily require the 3-year timeframe to achieve full implementation;

 

iii)           the attached protocol with respect to after-hours utilization of the Council Service             London Team (Appendix “C”) BE APPROVED;

 

iv)         the attached protocol with respect to the utilization of the Council Service London Team co-op students (Appendix “D”) BE APPROVED; and,

 

v)          the Civic Administration BE DIRECTED to submit a Business Case as part of the 2013 Budget process, to establish a base budget that supports a longer-term plan to increase the complement of the Council Service London Team, in order to provide an average of 30 hours a week of administrative support for each Councillor, which would include a centralized function to receive and process incoming inquiries; and

 

c)         on the recommendation of the Managing Director, Corporate Communications, the           attached proposed protocol with respect to Communications Support for Council    (Appendix “A”) BE APPROVED.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls for a separate vote on clauses 15 and 16.

 

Motion made by Councillor D. Brown and seconded by Councillor P. Van Meerbergen to Approve that consideration of clause 16 be postponed to July 2014.

 

Motion Failed

 

YEAS: S. Orser, J.L. Baechler, P. Van Meerbergen, D. Brown, S.E. White (5)

 

NAYS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, H.L. Usher, J.P. Bryant (10)

 

Motion made by Councillor P. Hubert to Approve part b) ii) of clause 16.

 

Motion Passed

 

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

 

NAYS: S. Orser, P. Van Meerbergen, D. Brown, H.L. Usher (4)

 

Motion made by Councillor P. Hubert and seconded by to Approve balance of clause 16.

 

Motion Passed

 

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

 

NAYS: B. Polhill, S. Orser, P. Van Meerbergen, D. Brown (4)

 

Motion made by Councillor P. Hubert to Approve Clause 15.

 

Motion Failed

 

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

 

NAYS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)

 

Motion made by Councillor D. Brown and seconded by Councillor S. Orser to Approve that  Jack Winkler BE APPOINTED as a Voting Member (Forestry Expertise) to the Trees and Forests Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, on preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)

 

NAYS: W.J. Armstrong, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (7)

 

Motion made by Councillor P. Hubert to approve clause 17.

 

17.

Federal Government Changes to Mortgage Rules

 

That it BE NOTED that the Finance and Administrative Services Committee did not support the request of Mayor J.F. Fontana and Councillor S.E. White regarding Federal Government changes to mortgage rules, as detailed in their communication dated June 23, 2012.

 

At 6:43 PM Mayor J.F. Fontana places Councillor M. Brown in the Chair and takes a seat at the Council Board.

 

At 6:51 PM Mayor J.F. Fontana returns to the Chair and Councillor M. Brown takes his seat at the Council Board.

 

Motion to Approve clause 17 is put.

 

Motion Failed

 

YEAS: J.L. Baechler, N. Branscombe, J.P. Bryant (3)

 

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

 

Motion made by Councillor S. Orser and seconded by Councillor B. Polhill to Approve That the Federal Government BE REQUESTED to take immediate steps to ensure that any changes to mortgage rules are carefully balanced in order for homeownership to remain obtainable by as many Londoners as possible, and for London’s local housing economy to remain stable.

 

Motion Passed

 

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

 

NAYS: J.L. Baechler, N. Branscombe, J.P. Bryant (3)

 

Motion made by Councillor P. Hubert to Approve clauses 18 to 24, inclusive.

 

18.

Resignation of Appointment to the Animal Welfare Advisory Committee

 

That the communication dated July 4, 2012 from Debbie Lefebre, resigning her appointment to the Animal Welfare Committee, BE ACCEPTED. (2012-G03-00)

 

19.

Resignation of Appointment to the Child Care Advisory Committee

 

That the communication dated June 21, 2012 from Karen Calligan, resigning her appointment to the Child Care Advisory Committee, BE ACCEPTED.

 

20.

Appointment to the Accessibility Advisory Committee

 

That the following individual BE APPOINTED to the Accessibility Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall swerve on the same advisory committee no longer than two consecutive full terms plus, if applicable, on preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:

 

Non-Voting:

 

  • Rob Campbell – Board of Education (TVDSB)

 

21.

Appointment to the London Housing Advisory Committee

 

That the following individuals BE APPOINTED to the London Housing Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:

 

Non-Voting:

 

 • Melissa Hardy-Trevenna – London & St. Thomas Real Estate Board

 • Judith Binder – Canada Mortgage and Housing Corporation

 • Steve Matthew – London & Middlesex Housing Corporation (replacing David Norton)

 

22.

Appointment to the Agricultural Advisory Committee

 

That the following individual BE APPOINTED to the London Housing Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:

 

 Non-Voting:

 

        • Drew Crinklaw – Ministry of Agriculture, Food and Rural Affairs

 

23.

Use of Local Improvement Charges Regulation for the Purpose of Acquiring Surplus School Sites

 

That the Civic Administration BE REQUESTED to review and report back on the potential for municipalities to use the Local Improvement Charges Regulation as a means of acquiring surplus school sites through an additional charge on property tax bills, with such review to not only consider the existing Regulation, but also possible changes to facilitate these types of land acquisitions.

 

 

 

 

 

24.

London Gateway – 401 Corridor

 

That the Director of Business Liaison BE REQUESTED to provide a status report on improvements to the 401 corridor that will provide a more impressive sense of presence for London

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor M. Brown requests that clauses 20 and 23 be called separately.

 

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser to Amend clause 22 by deleting the words “London Housing Committee and by replacing them with the words “Agricultural Advisory Committee”.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 P. Hubert and seconded by Councillor J.B. Swan to Approve Clause 22, as amended.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

Clause 22, as amended reads as follows:

 

That the following individual BE APPOINTED to the Agricultural Advisory Committee for the term ending February 28, 2015; it being noted that any appointments of individuals beyond two consecutive full terms are made notwithstanding Council policy which states that advisory committee members shall serve on the same advisory committee no longer than two consecutive full terms plus, if applicable, one preceding partial term in those cases where advisory committee members are initially appointed mid-term to fill a vacancy:

 

 Non-Voting:

 

            • Drew Crinklaw – Ministry of Agriculture, Food and Rural Affairs

 

Motion to Approve Clauses 20 and 23 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 to Approve clauses 18, 19 and 24 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

At 7:04 PM Councillor P. Hubert leaves the meeting.

 

At 7:05 PM His Worship the Mayor presents the 2012 Tim Hickman Memorial Safety Scholorship.

 

Motion made by Councillor H.L. Usher and seconded by Councillor J.B. Swan to Approve that Council Recess.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

The Council recesses at 7:15 PM and reconvenes at 8:20 PM with Mayor J.F. Fontana in the Chair and all Members present.

 

 

12th Report of the Civic Works Committee

Councillor P. Van Meerbergen presents.

 

Motion made by Councillor P. Van Meerbergen Approve clauses 1 to 10, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Commemorative Street Naming Covent Market Place to Include London Knights Way

 

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the expected resolution of Council in response to a request by the City of London Mayor’s Office to identify a commemorative street in honour of the London Knights’ 2012 season:

 

 a)        the street, namely, Covent Market Place BE DESIGNATED as a commemorative street   by adding the name London Knights Way; it being noted that this commemorative             street name will have no legal status;

 

 b)        the City Manager’s Office BE REQUIRED to pay for all costs for the change of the             street signage; and,

 

c)         the Civic Administration BE DIRECTED to research and develop a policy for naming             conventions for commemorative streets and report back to the Civic Works Committee.             (2012-D17-00)

 

3.

Amendments to the Traffic and Parking By-law

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the attached proposed by-law (Appendix ‘A’) BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, for the purpose of amending the Traffic and Parking By-law (P.S. 111). (2012-S09-00)

 

4.

Meadowlily Bridge (4-FB-02) Rehabilitation Schedule 'B' Environmental Assessment and Detailed Design and Gore Road Bridge (4-BR-15) Replacement Schedule 'B' Environmental Assessment 

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of Consulting Engineers for the Meadowlily Bridge (4-FB-02) Rehabilitation Schedule 'B' Environmental Assessment and Detailed Design and the Gore Road Bridge (4-BR-15) Replacement Schedule 'B' Environmental Assessment:

 

 a)        AECOM Canada Ltd., 410-250 York Street, London ON, N6A 6K2, BE APPOINTED as Consulting Engineers for the Environmental Assessment and detailed design of the Meadowlily Bridge (4-BR-05) Rehabilitation in the amount of $159,555.00, excluding H.S.T., in accordance with the estimate on file, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 of the City of London's Procurement of Goods and Services Policy; it being noted that future approval to proceed with subsequent phases of engineering for the project will be subject to satisfying all financial, reporting and other conditions contained within this Policy;

 

b)         Dillon Consulting lnc., 130 Dufferin Ave., P.O. Box 426, London, ON, N6A 4W7, BE APPOINTED as Consulting Engineers for the Environmental Assessment and preliminary design of the Gore Road Bridge (4-BR-15) Replacement, in the amount of $104,043.50, excluding H.S.T., in accordance with the estimate on file, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 of the City of London's Procurement of Goods and Services Policy; it being noted that future approval to proceed with subsequent phases of engineering for the project will be subject to satisfying all financial, reporting and other conditions contained within this Policy;

 

c)         the financing for the work identified in (a) and (b), above, BE APPROVED in accordance with the Sources of Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17, 2012;

 

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these projects;

 

e)         the approvals hereby BE CONDITIONAL upon the Corporation entering into a formal       contract with each Consultant for their respective project;

 

f)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations; and, it being noted that additional annual operating costs to the Planning, Environmental and Engineering Services Department Budget in 2013 and subsequent years is not anticipated as a result of these engineering assignments. (2012-A03-00)

 

5.

Clare Bridge (4-BR-04) Replacement (Tender 12-43)

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the Clare Bridge Replacement Project (TS 1212):

 

a)         the bid submitted by Bre-Ex Ltd., 247 Exeter Rd, London, ON, N6L 1A5, at its corrected tendered price of $913,952.17, excluding H.S.T., for the Clare Bridge Replacement Project, BE ACCEPTED; it being noted that the bid submitted by Bre-Ex Ltd. was the lowest of nine (9) bids received and meets the City's specifications and requirements in all areas; it being further noted that there is no anticipated additional operating costs to the Planning, Environmental and Engineering Services Department Operating Budget in 2013 and subsequent years associated with approval of this tender;

 

b)         the financing for the project BE APPROVED in accordance with the Sources of             Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17,             2012;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; d) the approval hereby 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 (Tender 12-43); 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. (2012-S08-00)

 

6.

Oxford Street West and Westdel Bourne Intersection Improvements (Tender 12-72)

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the Oxford Street West and Westdel Bourne Intersection Improvements Project (TS1 650-1 1):

 

a)         the bid submitted by Omega Contractors lnc., 4104 Breck Ave, London, ON, N0L 1B5, at its tendered price of $833,658.05, excluding H.S.T., for the Oxford Street West and Westdel Bourne Intersection Improvements Project, BE ACCEPTED; it being noted that the bid submitted by Omega Contractors Inc. was the lowest of nine (9) bids received and meets the City's specifications and requirements in all areas;

 

b)         future additional annual operating costs of $3,200.00 BE RECOGNIZED as a first priority commitment from available assessment growth in 2013, subject to final budget approval;

 

c)         the financing for the project BE APPROVED in accordance with the Sources of             Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17,             2012;

 

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

 

e)         the approval hereby 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 (Tender 12-72); and,

 

f)          the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other             documents, if required, to give effect to these recommendations. (2012-S07-00)

 

7.

West Brough's Bridge (2-BR-02) Rehabilitation Detailed Design and Tendering

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a Consulting Engineer for the West Brough's Bridge (2-BR-02) Rehabilitation Detailed Design Project:

 

a)         AECOM Canada Ltd., 410-250 York Street, London, ON, N6A 6K2, BE APPOINTED for the said project at an upset amount of $150,653.80, excluding H.S.T.; it being noted that this firm has provided a proposal for consultant engineering services, based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 of the City of London's Procurement of Goods and Services Policy; it being further noted that approval to proceed with subsequent phases of engineering services for this project will be subject to satisfying all financial, reporting and other conditions contained within this Policy;

 

b)         the financing for the project BE APPROVED in accordance with the Sources of             Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17,             2012;

 

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

 

d)         the approvals hereby BE CONDITIONAL upon the Corporation entering into a formal             contract with the Consultant for this 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. (2012-A03-00)

 

8.

2012 Pavement Preservation Project - Rout and Seal (Tender 12-79)

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the 2012 Pavement Preservation Rout and Seal Project (TS1446-1 1):

 

a)         the bid submitted by MSO Construction Limited, 175 Bethridge Road, Rexdale, ON, M9W 1N4, at its tendered price of $258,931.00, excluding H.S.T., for the 2012 Pavement Preservation Rout and Seal Project, BE ACCEPTED; it being noted that the bid submitted by MSO Construction Limited was the lowest of four (4) bids received and meets the City's specifications and requirements in all areas; it being further noted that there is no anticipated additional operating costs to the Planning, Environmental and Engineering Services Department Operating Budget in 2013 and subsequent years associated with approval of this tender;

 

b)         the financing for the project BE APPROVED in accordance with the Sources of             Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17,             2012;

 

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

 

d)         the approval hereby 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 (Tender 12-79); 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. (2012-S08-00)

 

9.

Innovation Park Industrial Subdivision - Phase 2 and 4 Site Grading (Tender 12-80) (ID1168)

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services, and City Engineer, the following actions be taken with respect to the contract award for the Innovation Park Industrial Subdivision Phase 2 and 4 Site Grading Project (ID1168):

 

a)         the bid submitted by VanRooyen Earthmoving Ltd., 714389 Middletown Line, RR#4 Woodstock, ON, N4S 7V8, at its tendered price of $2,220,555.00, excluding H.S.T., for the construction of the Innovation Park Industrial Subdivision Phase 2 and 4 Site Grading Project, BE ACCEPTED; it being noted that the bid submitted by VanRooyen Earthmoving Ltd., was the lowest of seven (7) bids received and meets the City’s specifications and requirements in all areas;

 

b)         the contract with AECOM, 410-250 York Street, London, ON, N6A 6K2, BE INCREASED by $241,582.00, excluding H.S.T., in order to carry out the resident inspection and contract administration for the said project; it being noted that this new and additional scope of work increases the original upset limit to $614,099.50, excluding H.S.T., in accordance with the estimate on file, noting that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 g) of the Procurement of Goods and Services Policy;

 

c)         the financing for the project BE APPROVED in accordance with the Sources of             Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17,             2012;

 

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

 

e)         the approval hereby 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 (Tender 12-80); and,

 

f)          the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other             documents, if required, to give effect to these recommendations. (2012-D26-01)

 

10.

Rate Structure Review - Water, Sanitary and Storm Drainage Charges

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services, and City Engineer, the following actions be taken with respect to the rate structure review for the water, sanitary and storm drainage charges:

 

 a)        the report, dated July 17 2012, from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to this matter BE RECEIVED, for information; b) the goal, objectives and operating principles used to develop the rate structures BE ENDORSED by Municipal Council, as follows:

 

i)              Goal: to introduce and implement a “value based” funding model for water and wastewater services;

ii)              Objectives: to ensure financial stability, to promote conservation and to encourage and support economic development and job retention; and,

iii)            Operating Principles: fairness and equity, sustainability and affordability; and,

 

b)        the Civic Administration BE DIRECTED to undertake further consultation on the development of the rate structure with the stakeholders including the public, businesses and the economic development community; it being noted that the Civic Works Committee heard the attached presentation from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to this matter. (2012-W10-00)

 

Motion Passed

 

 YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

Councillor S. Orser leaves the meeting at 8:26 PM.

 

Motion made by Councillor P. Van Meerbergen to Approve clauses 11 to 19, inclusive.

 

11.

Pall Mall Stewardship Modeling Study

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services, and City Engineer, the following actions be taken with respect to the appointment of a Consulting Engineer for the Pall Mall Sewershed Modeling Study (ES2464):

 

a)          CH2M Hill Canada Limited, 72 Victoria Street South, Suite 300, Kitchener, ON, N2G 4Y9, BE APPOINTED as Consulting Engineers for the Pall Mall Sewershed Modeling Study, of $173,426.00 to a revised total of $220,902.00, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;

 

b)          the financing for the project BE APPROVED in accordance with the Sources of Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17, 2012;

 

c)          the approvals hereby BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work;

 

d)          the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this 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. (2012-A03-00)

 

12.

Municipal Class Environmental Assessment Study for Tributary 'C' Storm/Drainage and Stormwater Management, Transportation and Sanitary Trunk Servicing

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Municipal Class Environmental Assessment (EA) Study Schedule “C” for Tributary ‘C’ Storm/Drainage and Stormwater Management (SWM), Transportation and Sanitary Trunk Servicing Works located within the Downstream Thames River Subwatershed Area:

 

a)         the Municipal Class EA Schedule “C” Environmental Study Report (ESR) for the Tributary ‘C’ Storm/Drainage and SWM, Transportation and Sanitary Servicing BE ACCEPTED in accordance with the Municipal Class EA process requirements; it being noted that the preferred servicing alternative of the EA Study for Storm/Drainage and SWM servicing works (option 10B Enhanced) identifies three Regional Municipal SWMFs: one infiltration SWM Facility ‘A’, one Wet SWM facility ‘J’, one On-line linear Infiltration conveyance/facility ‘G’ and various minor/major storm/drainage conveyance system as well as the Permanent Private System (PPS) controls; the preferred servicing alternative/option for the proposed Transportation and Sanitary servicing works as identified in option 4B;

 

b)         the Civic Administration BE REQUESTED to report back to the Civic Works Committee with respect to the following: i) the land acquisition by the City of London for the proposed SWM Pond G; ii) the funding sources for the temporary/interim works proposed by the EA; and, iii) the phasing and servicing plans to implement Sifton’s and Norquay’s proposed developments;

 

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

 

d)         the Environmental Study Report BE PLACED on public record for a 30-day review period; and, it being noted that the Civic Works Committee received a communication dated July 16, 2012, and heard a verbal delegation from P. Masschelein, Vice President, Neighbourhood Developments, Sifton Properties Limited, with respect to this matter. (2012-W10-00)

 

13.

Detailed Design of the Old Victoria SWM Facility NO. 2 (ES3020-OV2)

 

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the functional design for the Old Victoria SWM Facility No. 2 (ES3020-OV2):

 

a)         Delcan Corporation, 1069 Wellington Road South, Suite 214, London, ON, N6E 2H6, BE APPOINTED Consulting Engineers to carry out the detailed design for said project, in the amount of $151,100.00, including contingency, excluding H.S.T.; it being noted that the functional design in the amount of $251,757.00 was approved by Council in 2011, bringing the total estimated consulting fees for functional and detailed design to $402,857.00, including contingency, excluding H.S.T., in accordance with Section 15.2(g) of the Procurement of Goods and Services Policy;

 

b)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report included as Appendix ‘A’ to the associated staff report, dated July 17, 2012;

 

c)         the consulting fees for the project, BE IN ACCORDANCE with the estimate, on file, which is based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;

 

d)         the approvals hereby BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work;

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations; and,

 

f)         the communication dated July 17, 2012, circulated directly to the Civic Works Committee Members, from J. Kennedy, President, London Development Institute, with respect to this matter, BE REFERRED to the City Clerk’s Office for file. (2012-A03-00)

 

14.

Textiles and Small Uses Household Goods Drop Off at the Oxford and Clarke Road EnviroDepots

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to Goodwill Industries recovering textiles and small used household goods (e.g., used clothing, linen, bedding, sporting goods, toys, books) at the Oxford and Clarke Road EnviroDepots:

 

a)         the recovery of textiles and small used household goods at the Oxford EnviroDepot by Goodwill Industries BE APPROVED for a further two-year period with an option to extend on a yearly basis thereafter, it being noted that Goodwill Industries has been operating at this location since 2008;

 

b)         a demonstration project involving the recovery of textiles and small used household goods by Goodwill Industries at the Clarke Road EnviroDepot BE APPROVED for a two-year period;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter; and, d) the authorization hereby BE CONDITIONAL upon the Corporation entering into a formal contract with Goodwill Industries, Ontario Great Lakes. (2012-W08-00)

 

15.

London Transit Commission Town Hall Meeting

 

That the communication dated June 29, 2012, from L. E. Ducharme, General Manager, London Transit Commission (LTC), with respect to the LTC town hall meetings, BE RECEIVED, for information. (2012-S10-00)

 

16.

Roehampton Avenue Parking Survey

 

That the following actions be taken with respect to the Roehampton Avenue Parking Survey:

 

a)         NO ACTION BE TAKEN with respect to changing the existing parking restrictions on             Roehampton Avenue; and,

 

b)         the communication, dated July 8, 2012, from D. Dietze, 115 Roehampton Avenue, with respect to his concerns about the current parking regulations on Roehampton Avenue BE REFERRED to the Town and Gown Committee for further discussion; and, it being noted that the Civic Works Committee heard a verbal delegation from Mr. D. Dietze, with respect to this matter. (2012-S04-00)

 

17.

Bradley Avenue Underpass Tunnel

 

That the Civic Administration BE REQUESTED to review and report back to the Civic Works Committee with respect to the cost of installing new lighting and/or increasing the wattage to the exiting lighting in the Bradley Avenue underpass tunnel, and to also share their findings with M. Fenton, 30-700 Exeter Road; it being noted that the CWC heard a verbal delegation from Mr. Fenton, with respect to this matter. (2012-C06-00)

 

18.

Sewer Back-Up - 25 Prince of Wales Gate

 

That NO ACTION BE TAKEN with respect to a request from J. Harkins, 25 Prince of Wales Gate to reverse a City sewer backup charge of $5,000.00; it being noted that the Civic Works Committee heard a verbal delegation from Mr. Harkins, with respect to this matter. (2012-W10-00)

 

19.

Review of Policies and Practices for Major City Projects

 

That the communication dated June 25, 2012, from Councillor B. Armstrong requesting a review of policies and practices for major City projects BE RECEIVED; it being noted that the Civic Administration carries out reviews and audits of major City projects on a regular basis. (2012-G00-00)

 

Motion made by Councillor J.B. Swan and seconded by Councillor B. Polhill to Amend clause 16 by adding a new part c) as follows:

 

c)         the Civic Administration BE DIRECTED to provide the Town and Gown Committee with             other possible options to address the parking concerns relating to Roehampton             Avenue.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, 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 (14)

 

Councillor S. Orser enters the meeting at 8:29 PM.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls for a separate vote on clause 15.

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor M. Brown calls for a separate vote on clause 18.

 

Motion to Approve Clause 15 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 to Approve Clause 18 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

NAYS: M. Brown (1)

 

Motion to Approve clauses 11, 12, 13, 14, 16, as amended, 17 and 19 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

Clause 16, as amended reads as follows:

 

That the following actions be taken with respect to the Roehampton Avenue Parking Survey:

 

a)         NO ACTION BE TAKEN with respect to changing the existing parking restrictions on        Roehampton Avenue;

 

b)         the communication, dated July 8, 2012, from D. Dietze, 115 Roehampton Avenue, with    respect to his concerns about the current parking regulations on Roehampton Avenue     BE REFERRED to the Town and Gown Committee for further discussion; and, it being          noted that the Civic Works Committee heard a verbal delegation from Mr. D. Dietze, with    respect to this matter; and,

 

c)         the Civic Administration BE DIRECTED to provide the Town and Gown Committee with other possible options to address the parking concerns relating to Roehampton Avenue.   (2012-S04-00)

 

 

22nd Report of the Finance and Administrative Services Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve that it BE NOTED that no pecuniary interests were disclosed.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

 

19th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

 

Motion made by Councillor B. Polhill to Approve clauses 1 to 5, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED no pecuniary interests were disclosed.

 

2.

Processes Underway Relating to the South Street Campus Lands

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the report dated July 16, 2012,  relating to the South Street Campus Master Development Plan, the pending Fincore planning application for the westernmost block of these lands and the disposition process relating to surplus city-owned lands on this block, BE RECEIVED. (2012-A09-07)

 

3.

Forest Hill Subdivision (39T-99515)

 

That, on the recommendation of the Senior Planner, Development Services, in response to the request for extension of Draft Approval for the Forest Hill Subdivision, relating to Draft Approved Plan 39T-99515, the following actions be taken:

 

a)            the Ontario Municipal Board BE ADVISED that the City of London has no objection to the request from Sifton Properties Limited for a three year extension to draft approved plan 39T-99515, located on the north side of North Wenige Drive, legally described as Part of South Half of Lot 11, Concession 6, Geographic Township of London, (in the City of London),  SUBJECT TO the conditions shown in the attached Appendix “39T-99515 - B”; and,

 

b)         the financing for the project BE APPROVED in accordance with the “Estimated Claims and  Revenues Report” provided as Appendix ‘39T-99515-A’ to the associated staff report, dated July 16, 2012.  (2012-D26-06)

 

4.

Property located at 1602 Sunningdale Rod West (OZ-7985)

 

That, on the recommendation of the Senior Planner, Development Planning, in response to the letters of appeal to the Ontario Municipal Board, dated May 16, 2012, as submitted by Alan Patton, Patton, Cormier & Associates, on behalf of Old Oak Properties, relating to Official Plan and Zoning By-law No. Z.-1 amendments relating to the property located at 1602 Sunningdale Road West, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its position relating to this matter and maintains its original position. (2012-D11-03)

 

5.

Delegation of Authority – Appointment of Deputy Chief Building Offiicial

 

Recommendation:  That, on the recommendation of the Director, Development and Compliance and Chief Building Official, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012 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”, to add one additional Deputy Chief Building Official in order to ensure continuity of service. (2012-G03-00)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 by Councillor B. Polhill to Approve clauses 6, 7 and 8.

 

6.

Building Division Month Report for May 2012

 

Recommendation:  That the Building Division Monthly Report for May 2012 BE RECEIVED.   (2012-D05-00)

 

7.

Property located at 75 Blackfriars Street

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of Southside Construction Management Ltd, relating to the property located at 75 Blackfriars Street:

 

a)            the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend the Official Plan TO add a site-specific special policy to permit medium scale office uses, and a gymnasium as an accessory to a permitted office use, within the existing building, with a maximum total gross floor area of 2,555m2 for all office and gymnasium uses and a maximum total gross floor area of 1,300m2 for medical/dental offices and medical/dental laboratories;

 

b)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, 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 Neighbourhood Facility (NF) Zone, which permits churches and elementary schools TO an Office Special Provision (OF2( )) Zone, to permit medical/dental offices, medical/dental laboratories, and offices, subject to a special provision to permit a gymnasium as an accessory use to a permitted office use, include a requirement that all uses be contained within the existing building, permit a maximum total gross floor area of 2,555m2 for office and gymnasium uses, and permit a maximum total gross floor area of 1,300m2 for all medical/dental offices and medical/dental laboratories;

 

c)         the request to amend the Official Plan TO add a site-specific special policy to permit small scale offices and an associated gymnasium in addition to the uses permitted in the Low Density Residential designation, BE REFUSED for the following reasons:

 

i)          the Low Density Residential uses requested as part of this amendment are not consistent with the interim policies applied in the West London Special Policy Area, which prohibit new residential uses;

ii)         the  request to permit 2,555m2 of gross floor area for general office uses exceeds the maximum gross floor area for small scale office uses;

iii)         the request to add a site-specific special policy does not include a provision requiring that the new uses be confined to the existing building; and,

iv)        the request to add a site-specific special policy does not include a provision to limit the maximum gross floor area of the requested office uses;

 

d)         the request to amend Zoning By-law No. Z.-1, to change the zoning of the subject property FROM a Neighbourhood Facility (NF) Zone, which permits churches and elementary schools TO an Office Special Provision (OF2( )) Zone, to permit clinics, medical/dental offices, medical/dental laboratories, and offices, subject to a special provision to permit a gymnasium as accessory use to a permitted office use and a maximum gross floor area of 2,055m2 for clinics, medical/dental offices, medical/dental laboratories, and gymnasium uses BE REFUSED for the following reasons:

 

i)              the parking standard required for the requested amount of maximum gross floor area for all non-Office uses exceeds the number of parking spaces available on-site;

ii)             there has been no request to reduce the parking standard to accommodate the requested maximum gross floor area for all non-Office uses; and,

iii)            the request to amend the Zoning By-law does not include a provision requiring that the new uses be confined to the existing building;

 

e)         the Civic Administration BE REQUESTED to undertake a traffic study on Blackfriars Street and report back, with the results of the study, to the Civic Works Committee; and,

 

f)         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 proposed amendment is minor;

 

it being noted that the Planning and Environment Committee received a communication, dated July 12, 2012, from Richard Zelinka, Zelinka Priamo Ltd., 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:

 

·                     Richard Zelinka, Zelinka Priamo Ltd. – expressing appreciation to Michael Tomazincic, Senior Planner, for his presentation of the application; advising that the application is a productive reuse of the church; advising that the Southside Group and the London Lightning offices will be moving into the building; advising that a practice gymnasium for the London Lightning will be installed in the building; indicating that the mezzanine of the church can be built into a full floor; advising that the portion of the existing building to be used for medical and dental offices will be smaller due to parking restrictions; and indicating that there will be no methadone clinic located at this site.

·                     Donald Cornell, 79 Blackfriars Street – advising that there are currently issues with the volume and speed of traffic on the street; indicating that he has received legal advice that if the zoning is granted for medical clinics, there is the potential for a methadone clinic to be located on the premises, as the Supreme Court of Canada overturned a City of Vancouver decision to not allow a methadone clinic; requesting that Council not go down a legal sinkhole; indicating that he is not raining on anyone’s parade, but that he is prepared to take this application to the Ontario Municipal Board; expressing concerns with the volume of traffic and the impact on children and the elderly who walk down the street; advising that he spoke to Andy Couvillon, Senior Technologist, Transportation Planning and Design, and asked Mr. Couvillon what would happen if an ambulance needed to get down to the River and the ambulance was blocked by parked cars; requesting less intensity of the proposed uses; indicating that Michael Tomazincic, Senior Planner, has been very polite to deal with; advising that he believes the new owners paid $880,000 for the church; noting that the land is worth $120,000; and advising that he is prepared to provide $5,000, in trust, for trees to be planted on this site.

·                     Carmen Richter, 13 Cummings Avenue – advising that she looked for two years for a house in this area; and expressing concern that something larger being incorporated into the neighbourhood, will affect traffic.

·                     Ruth Anderson, 49 Blackfriars Street – expressing support for Mr. Cornell’s presentation; requesting that the neighbourhood be preserved; and advising that the medical/dental component of the application does not help people.

·                     Roxanne Lutz, 8 Argyle Street – expressing concern with the volume of traffic; requesting that the application be less intensive; advising that there are several medical office spaces on Wharncliffe Road and she would rather see those buildings used so that they do not become vacant; and requesting that the building remain intact.

·                     Mike Schomberg, 67 Blackfriars Street – indicating that there is currently medical/dental offices on nearby arterial roads; advising that the medical/dental offices should remain on arterial roads, not residential roads; noting that once the zoning is in place, it’s already part way there; advising that there are no boulevards on Blackfriars Street and traffic is closer to children on the sidewalk; and advising that there are 83 existing parking spaces and enquiring how the parking can increase by 75% by reconfiguring the lines.

·                     Jason Jordan, 60 Blackfriars Street – advising that he is not concerned with the volume of traffic; expressing support for the previous speakers; and, advising that there are medical/dental offices at Wharncliffe Road and Oxford Street.

·                     Tina Hickey, 35 Blackfriars Street – advising that this is a strong community and a unique neighbourhood where everyone knows everyone else; requesting that the building components remain the same; expressing concern with the current volume of traffic on Blackfriars Street; indicating that she has had to assist people crossing the street due to the volume of traffic; advising that people don’t see it as a neighbourhood, they see it as a cut-through; and advising that there are new families moving into the neighbourhood.

·                     Ben Billings, on behalf of Donald Cornell – requesting clarity on what is being proposed; advising that Planning Staff have done an excellent job; advising that you can look at the intensity of the use, such as a Restricted Office Zone; and recommending that the zoning be appropriate for a residential area.   (2012-D11-07)

 

8.

Property located at 1761 Wonderland Road North (OZ-7825)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of 1242778 Ontario Limited, relating to the property located at 1761 Wonderland Road North:

 

a)         the Ontario Municipal Board BE ADVISED that a Commercial Justification Report, Planning Justification Report, and Traffic Impact Assessment Report Addendum have been received by the Planning Division, circulated to the appellants, evaluated and considered at a public participation meeting of the Planning and Environment Committee on July 16, 2012;

 

b)         the Ontario Municipal Board BE ADVISED that Municipal Council recommends that Official Plan Amendment No. 488 BE AMENDED, as attached (Appendix “A”), FROM “Notwithstanding policy 4.3.8.5, commercial development within the Neighbourhood Commercial Node located at the intersection of Wonderland Road North and Fanshawe Park Road West shall be permitted up to 23,000 square metres of total gross floor area” TO a modified policy which adds the following sentence to special policy 4.3.8.6.(2)“, and at the lands located at 1761 Wonderland Road North”, such that this special policy will now read as follows, “Notwithstanding policy 4.3.8.5, additional commercial development may be permitted at the Neighbourhood Commercial Node on the south portion of commercial lands at 751 Fanshawe Park Road West up to a maximum lot frontage of 72 metres, a maximum lot depth of 91.5 metres, and a maximum lot area of 7,572 square metres, and at the lands located at 1761 Wonderland Road North; and,

 

c)         any additional reports, comments and information received, with the revised application, and at the Planning and Environment Committee meeting held on July 16, 2012, BE PROVIDED to the Ontario Municipal Board for consideration;

 

it being noted that the Planning and Environment Committee received the attached communication, dated July 13, 2012, from Ali Soufan, York Developments, 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 Loblaw Properties Limited, FCHT Holdings (Ontario) Corporation, Barvest Realty Inc., Sunningdale Developments Inc. and Auburn Developments – advising that this is similar to the issue that was previously at the Municipal Council and the Ontario Municipal Board, relating to the property located at Southdale Road and Colonel Talbot Road; indicating that there are issues with the traffic recommendations; advising that this application is premature by a number of years; reading item 1 under “Rationale” of the Civic Administration’s report relating to the Commercial Justification Report; advising that there are additional supermarkets in the area; noting that the supermarket use has not been supported; advising that the last bullet on page 6 of the Civic Administration’s report is the basis for his clients’ appeal; advising that the request was for a special type of food store; noting that now any old supermarket is allowed on this site; advising that a Traffic Impact Study was completed for this site; reading the italicized typing on page 7 of the Civic Administration’s report under “Transportation Planning & Design Division”; noting that his client has concerns with the left turns out of the site as it is in conflict with his client’s site; also noting that the Traffic Impact Study does not take into account the traffic from the food store being diverted; advising that on page 9 of the Civic Administration’s report, the “Primary Area Study” includes the designation and zoning of a food store; advising that on page 19 of the Civic Administration’s report, the comments about the existing No Frills is the current situation today, as it is the first food store in the area; indicating that the flaw in the report is that the numbers decrease over time; advising that on page 13 of the Civic Administration’s report, the 34,444.5 square foot building is pushed right up to the street line because the building is out of alignment; indicating that there is development being built in the future at Richmond and Sunningdale; noting that this will jump over the plan function at Wonderland Road North and Southdale Road; advising that nothing has changed with the reports; advising that this is premature by 5 or 6 years; and indicating that additional commercial properties have been added west of Wonderland Road North, north of Fanshawe Park Road East.

  • Ali Soufan, York Developments – understanding why Mr. Patton’s clients wish to delay the application; expressing support for the original decision of the Municipal Council; advising that the market analysis was done by a consultant in Toronto; advising that the Transportation Impact Study was adjusted to meet Mr. Patton’s tests; requesting that the Planning and Environment Committee reiterate the original decision; indicating that the previous application appealed the York Developments application, but not the Decade Developments application; and advising that this is part of a food store war.   (2012-D11-06)

 

At 8:50 PM His Worship the Mayor places Councillor N. Branscombe in the Chair and leaves the meeting.

 

Pursuant to Section 17.2 of the Council Procedure By-law, Councillor P. Hubert calls for a separate vote on clause 8.

 

Motion to Approve clauses 6 and 7 is put.

 

Motion Passed

 

YEAS: B. Polhill, W.J. 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 (14)

 

Motion to Approve clause 8 is put.

 

Motion Passed

 

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

 

RECUSED:  P. Hubert (1)

 

Motion made by Councillor B. Polhill to Approve clauses 9 to 14, inclusive.

 

9.

Properties located at 1197 York Street and 1201-1203 York Street (Z-8046)

 

That, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, the application of Insites Consulting, relating to the property located at 1197 York Street and 1201-1203 York Street, BE REFERRED to the Civic Administration to submit a report at a future Planning and Environment Committee meeting that provides the proposed Zoning By-law Amendment in accordance with the application, as submitted and to ensure that the proposed additional units meet with the requirements of the Ontario Building Code;

 

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

 

  • Ben Billings, on behalf of the applicant – advising that the applicant is not asking for anything new; noting that some of the concerns expressed by the Civic Administration are spot zoning and how the proposed application will affect the neighbours; indicating that the building has been existing for many years with no impact on the neighbours; noting that the applicant is trying to regulate the zoning; advising that he provided a neighbourhood study to the Civic Administration; advising that the subject property has been there for decades; advising that he held community meetings and the neighbours expressed support for the application; indicating that the amendment demonstrates that only properties that are zoned to intensify will be able to do so; indicating that it is not spot zoning as the application has been expanded to include 1201-1203 York Street, as well as 1197 York Street; advising that the Official Plan requires applications to be submitted on a case by case basis; indicating that the study he completed follows the Provincial Policy Statement; and advising that this application provides nothing new and is not a complicated issue.

 

10.

Property located at 189 Langarth Street East

 

That on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application by M & D Carruthers, relating to the property located at 189 Langarth Street East:

 

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 design of the houses;

 

b)         the Approval Authority BE ADVISED the Municipal Council supports the site plan, as presented, and that the Civic Administration BE REQUESTED to meet with the applicants and the Old South Community Organization (OSCO), to reach a compromise between the applicants and OSCO; and,

 

c)         the financing for the project BE APPROVED in accordance with the “Estimated Claims and  Revenues Report” provided as Appendix ‘A’ to the associated staff report, dated July 16, 2012;

 

it being noted that the Planning and Environment Committee received a communication, dated July 12, 2012, from J. Morgan, 172 Langarth Street East, 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 Brown, Old South Community Organization, 3A-59 Ridout Street – advising that he just found out about the public participation meeting last night; advising that the design of the houses in the neighbourhood is what makes their community unique; expressing support for intensification; indicating that the proposed houses do not fit into the community; advising that people are willing to pay a premium to live in Old South; indicating that the houses on the street have the porches out front, not the garages; enquiring if this is what we want to see in Old South; indicating that the neighbours know each other in this neighbourhood; and indicating that this is not what they want to see in their neighbourhood.

·                     Christopher Prost, 187 Langarth Street East – expressing support for Gary Brown’s comments; indicating that he thought he would always have green space beside him; noting that he comes from a more rural background; advising that he is an avid gardener; advising that if the residence is built as proposed, he will have a two-storey wall beside his greenhouse and vegetable garden; advising that the land is fairly flat; indicating that the City gave him a grant of $10,000 to put in a catch basin, but no one could afford to as it was going to cost $20,000; and indicating that there are drainage problems in the area.

·                     Todd, 157 Langarth Street East – expressing support for the previous speakers’ comments; advising that this is an eclectic area; indicating that this is not what he would build; noting that the property values on the street are approximately $200,000; noting that this may increase the value of the houses in the neighbourhood; and advising that this neighbourhood is a great mix of housing standards.

  • Michael Carruthers, applicant – advising that he and his brother, Dale, have lived in Old South all of their lives; advising that all houses built now have garages; indicating that due to the property size, the garage needs to be in front of the house; advising that he has a revised site plan; advising that they are installing a catch basin at their own cost, which will benefit the neighbourhood; advising that the driveways are recessed back so that the porch will meet people, not the driveway; and noting that they are not requesting an amendment to the Zoning By-law.    (2012-D25-00)

 

11.

Property located at 191 Langarth Street East

 

That on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application by M & D Carruthers, relating to the property located at 191 Langarth Street East:

 

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 design of the houses;

 

b)         the Approval Authority BE ADVISED the Municipal Council supports the site plan, as presented, and that the Civic Administration BE REQUESTED to meet with the applicants and the Old South Community Organization (OSCO), to reach a compromise between the applicants and OSCO; and,

 

c)         the financing for the project BE APPROVED in accordance with the “Estimated Claims and  Revenues Report” provided as Appendix ‘A’ to the associated staff report, dated July 16, 2012;

 

it being noted that the Planning and Environment Committee received a communication, dated July 12, 2012, from J. Morgan, 172 Langarth Street East, 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 Brown, Old South Community Organization, 3A-59 Ridout Street – advising that he just found out about the public participation meeting last night; advising that the design of the houses in the neighbourhood is what makes their community unique; expressing support for intensification; indicating that the proposed houses do not fit into the community; advising that people are willing to pay a premium to live in Old South; indicating that the houses on the street have the porches out front, not the garages; enquiring if this is what we want to see in Old South; indicating that the neighbours know each other in this neighbourhood; and indicating that this is not what they want to see in their neighbourhood.

·                     Christopher Prost, 187 Langarth Street East – expressing support for Gary Brown’s comments; indicating that he thought he would always have green space beside him; noting that he comes from a more rural background; advising that he is an avid gardener; advising that if the residence is built as proposed, he will have a two-storey wall beside his greenhouse and vegetable garden; advising that the land is fairly flat; indicating that the City gave him a grant of $10,000 to put in a catch basin, but no one could afford to as it was going to cost $20,000; and indicating that there are drainage problems in the area.

·                     Todd, 157 Langarth Street East – expressing support for the previous speakers’ comments; advising that this is an eclectic area; indicating that this is not what he would build; noting that the property values on the street are approximately $200,000; noting that this may increase the value of the houses in the neighbourhood; and advising that this neighbourhood is a great mix of housing standards.

  • Michael Carruthers, applicant – advising that he and his brother, Dale, have lived in Old South all of their lives; advising that all houses built now have garages; indicating that due to the property size, the garage needs to be in front of the house; advising that he has a revised site plan; advising that they are installing a catch basin at their own cost, which will benefit the neighbourhood; advising that the driveways are recessed back so that the porch will meet people, not the driveway; and noting that they are not requesting an amendment to the Zoning By-law.    (2012-D25-00)

 

 

12.

Building By-law Amendment

 

That, on the recommendation of the Director, Development and Compliance and Chief Building Official, the Civic Administration BE REQUESTED to report back with any proposed changes to the draft by-law, entitled “A By-law to provide for construction, demolition, change of use, occupancy permits, transfer of permits and inspections”; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2012-G05-00)

 

13.

Highbury Ford – 1365 Dundas Street

 

That the Committee Secretary BE DIRECTED to make the necessary arrangements for a delegation by Alan R. Patton, Patton Cormier & Associates, regarding the application of Highbury Ford, relating to the property located at 1365 Dundas Street, at the Planning and Environment Committee meeting to be held on July 23, 2012.  (2012-D25-00)

 

14.

Residential Policies in Flood Plain

 

The Civic Administration BE REQUESTED to undertake a review of residential policies in floodplains with the Upper Thames River Conservation Authority.

 

Motion Passed

 

YEAS: B. Polhill, W.J. 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 (14)

 

 

20th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

 

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

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED no pecuniary interests were disclosed.

 

2.

Holiday Avenue/Greenfield Drive Area

 

That, on the recommendation of the Acting Executive Director, Planning Environmental and Engineering Services & City Engineer, the Civic Administration BE AUTHORIZED to remove the holding provision on the property located at 7 Holiday Avenue; it being noted that the owner is required to contain and manage the stormwater on site, in accordance with City requirements.   (2012-W10-02)

 

At 8:56 PM His Worship the Mayor returns to the meeting and Councillor N. Branscombe takes her place at the Council Board.

 

Motion Passed

 

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

 

NAYS: H.L. Usher (1)

 

Motion made by Councillor B. Polhill to Approve clause 3.

 

3.

Potential Adverse Impacts to Municipal Infrastructure, Private and/or Public Lands and Ecological Conditions of the Water Resources System From Beaver Activity

 

That, on the recommendation of the Acting Executive Director Planning, Environmental and Engineering Services & City Engineer, the following actions be taken with respect to beaver activity in the vicinity of infrastructure, such as stormwater management facilities and Municipal Drains or watercourses:

 

a)         the Civic Administration BE DIRECTED to refrain from interfering with beaver dams where the damming activity does not compromise the operation of infrastructure, such as, stormwater management (SWM) facilities, municipal drains, channels, and/or does not create flooding conditions that impacts the safety of people or property; and/or does not adversely impact the environment and ecological conditions of the water resources system;

 

b)         the Civic Administration BE DIRECTED to maintain the City’s existing practices in accordance with requirements identified and governed by the Ministry of Natural Resources that allow the removal of beaver dams to protect, maintain or construct municipal infrastructures, protect the safety of the people and properties in accordance with the City of London’s operating authority responsibilities for water resources/SWM infrastructure under the Ontario Water Resources Act, Drainage Act, Environmental Assessment Act, Fisheries Act, as well as Riparian Rights Law and other applicable laws, wherein beaver dams compromise the operation of infrastructure, such as,  SWM facilities, municipal drains, channels, open watercourses, present a barrier to fish movement, cause a hazard to public health, alter sediment transport regimes, increase water temperatures or cause adverse flooding of private or public land; and,

 

c)         the Civic Administration BE DIRECTED to report back on the outcome of what actions are undertaken with respect to the beavers;

 

it being noted that the Planning and Environment Committee received a communication, dated July 22, 2012, from Sara Rans, Animal Welfare Advisory Committee, with respect to this matter.   (2012-W10-00/P04-00)

 

Motion made by Councillor N. Branscombe and seconded by Councillor B. Polhill to Refer clause 3 back to the Planning and Environment Committee for further consideration after the Civic Administration has completed and reported back on the development of a progressive and humane response program related to human-wildlife conflicts with respect to stormwater management facilities and Municipal Drains and watercourses; it being noted that in the meantime the Civic Administration will continue to undertake any non-lethal intervention as deemed to be necessary to maintain the operation of these facilities.

 

Motion Passed

 

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

 

NAYS: D.G. Henderson (1)

 

RECUSED:  J.L. Baechler (1)

 

Motion made by Councillor B. Polhill to Approve clauses 4 to 8, inclusive.

 

4.

Properties located at 2365 and 2865 Innovation Drive (H-8062)

 

That, on the recommendation of the Senior Planner, Development Services, based on the application by the City of London relating to properties located at 2365 Innovation Drive and 2865 Innovation Drive, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, 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-2•LI2(9)) Zone TO a Light Industrial Special Provision (LI2(9)) Zone to remove the holding provisions.  (2012-D11-02)

 

5.

Municipal Support Resolutions for Local Renewable Electricity Generation Projects Seeking Ontario Feed-In Tariff Contracts

 

That, on the recommendation of the Director, Development & Compliance & Chief Building Official, the Civic Administration BE DIRECTED to undertake the following actions with respect to proposed changes (Program Rules) to the Feed-in-Tariff (FIT) Program, operated by the Ontario Power Authority (OPA):

 

a)         undertake the process described in the recommendations below when the Draft FIT Program Rules (April 5, 2012), which are designed to assist renewable energy project developers obtain timely Municipal Council Support Resolutions, are finalized in the very near future; it being noted that if the FIT Program Rules are substantially changed when finalized, the Civic Administration will revise these recommendations and resubmit, if required;

 

b)         co-ordinate and review all requests for a Municipal Council Support Resolution and determine if the request(s) fall into Category 1 Projects (all rooftop solar anywhere in London), Category 2 Projects (ground-mounted solar at specific locations in London) or Category 3 Projects (significant FIT projects, such as wind, biomass and biogas at specific locations in London);

 

i)              for Category 1 Projects, the proposed resolution that the construction and operation of rooftop solar projects, having little or no potential for impacts on adjacent properties, be supported without reservation anywhere in London where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved, as set out in the Municipal Council Blanket Support Resolution attached hereto as Appendix “A”;

 

ii)             for Category 2 Projects, the proposed resolution that the construction and operation of ground-mounted solar projects, having little or no potential for impacts on adjacent properties, be supported at a specific location(s) identified by the project developer where permitted by the Province of Ontario’s Feed-In Tariff (FIT) Program rules be approved as at two step process:

 

A)            the Civic Administration prepare a recommendation report to Planning & Environment Committee commenting on the proposed location; and,

B)        if supported by the Civic Administration, submit a Municipal Council Support Resolution attached hereto as Appendix “B” as part of the report to Planning & Environment Committee; and,

 

iii)            for Category 3 Projects, the Civic Administration will review and offer recommendations to Council on the required steps for undertaking these types of projects and opportunities for a Municipal Council Support Resolution;

 

c)            co-ordinate the Municipal Council Support Resolution process through the Land Use Planning Division; it being noted that liaison will take place with the Civic Administration from Development & Compliance and Environmental & Engineering Services; and,

 

d)            the Mayor and the City Clerk be authorized to sign any requested Council Resolution for Category 1 Projects using the Municipal Council Blanket Support Resolution (Appendix “A”); it being noted that these recommendations are solely for the purpose of enabling an applicant of the FIT Program to receive priority points under the new FIT Program rules, and may not be used for the purpose of any other form of municipal approval in relation to the application or project or any other purpose;

 

it being noted that the Planning and Environment Committee received a communication, dated June 25, 2012, from Richard Weston, Director of Business Development, QPA Solar Inc., with respect to this matter.   (2012-W12-00)

 

6.

Ontario Municipal Board Decision – 1240 Richmond Street (Z-7949)

 

That, the Ontario Municipal Board decision relating to the appeal by Linda Anne Brand with respect to the Municipal Council decision to refuse a Zoning By-law amendment relating to the property at 1240 Richmond Street, BE RECEIVED.   (2012-D11-01)

 

7.

Notice of Completion of Provincial Environmental Assessment for Disposition of the London Psychiatric Hospital Lands (O-7668)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the Class Environmental Assessment, Notice of Completion of Consultation and Documentation Report, Category B, for the London Psychiatric Hospital lands located at 850 and 900 Highbury Avenue, BE RECEIVED.  (2012-D11-05)

 

8.

Meadowlily Secondary Plan – Status Report (O-7614)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the preferred land use and servicing options, and associated draft background studies for the Meadowlily Secondary Plan, BE RECEIVED; it being noted that the preferred land use option, and associated background studies, for the Meadowlily Secondary Planning Area will be tabled for public review and comment at the Planning and Environment Committee meeting to be held on September 4, 2012.   (2012-D11-09)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 B. Polhill to Approve clause 9.

 

9.

Airport Area Tax Increment Grant Program – 2480 Huron Street

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the processing of an Airport Area Tax Increment Grant Application for lands in the Airport Area Community Improvement Plan known municipally as 2480 Huron Street, BE RECEIVED. (2012-F12-00)

 

Motion Passed

 

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

 

RECUSED: N. Branscombe (1)

 

Motion made by Councillor B. Polhill to Approve clauses 10 to 16, inclusive.

 

10.

Telecommunication Facilities Consultation Policy (O-7881)

 

That, on the recommendation of the Director of Land Use Planning and City Planner, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to implement a Telecommunications Facilities Consultation Policy; it being noted that the regulation of these facilities, including the siting, is a Federal matter administered through Industry Canada.  (2012-I11-00)

 

11.

Properties located at 603, 609 and 611 Oxford Street West (Z-7578)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, based on the application of 625041 Ontario Limited, relating to the properties located at 603, 609 and 611 Oxford Street West, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Restricted Service Commercial (RSC4) Zone and a Residential R9 (R9-7.H38) Zone TO a Restricted Service Commercial/Restricted Service Commercial Special Provision (RSC2/RSC3/(RSC4(  )) Zone, to permit a broad range of restricted service commercial uses and to recognize an existing auto body shop use; it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter. (2012-D11-07)

 

12.

Properties located at 981 and 983 Wonderland Road South (OZ-8043)

 

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of Sobeys Development Limited Partnership, relating to the properties located at 981 & 983 Wonderland Road South:

 

a)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Special Policy 10.1.3, cxxxvi) of the Official Plan, which applies to 981 Wonderland Road South to DELETE the words “In the Southdale/Wonderland Commercial Policy area applicable to 981 Wonderland Road South, in addition to the uses permitted in the Commercial Policy designation, a small-scale supermarket may also be permitted” and to INSERT the words “In the Auto-Oriented Commercial Corridor designation applicable to 981 & 983 Wonderland Road South, in addition to the uses permitted in the Auto-Oriented Commercial Corridor designation, a small-scale supermarket and a limited amount of retail space with a maximum gross floor area of 996 m2 (10,721 sq.ft.) may and also be permitted”; and,

 

b)         the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a) above), FROM a Restricted Service Commercial Special Provision/Highway Service Commercial (RSC2(10)/HS2) Zone, which permits a wide range of commercial uses and a small scale supermarket with a maximum gross floor area of 3,372 m2 (36,300 sq.ft.) and a minimum of 172 parking spaces TO a Restricted Service Commercial Special Provision/Highway Service Commercial Special Provision (RSC2( __)/HS2(__)) Zone, to allow retail store use with a maximum gross floor area of 996 m2 (10,721 sq.ft.), a small scale supermarket with a maximum gross floor area of 3,372 m2 (36,300 sq.ft.), a minimum of 172 parking spaces, a reduced front yard setback to 2.2 metres (7.2 feet), a reduced exterior side yard setback to 3 metres (7.2 feet) and a reduced rear yard setback to 5 metres (16.4 feet);

 

it being noted that the site plan process will address issues such as building location, landscaping, buffering, fencing, access, and drainage;

 

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

 

Jason Jordan, 60 Blackfriars Street – enquiring as to where the walkway will be located from the retail to the street; and, enquiring as to the location of the bicycle parking.   (2012-D11-07)

 

13.

Property located at 7 Greenfield Court

 

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the site plan approval application by Joseph Ruscio Construction Ltd., relating to the property located at 7 Greenfield Court:

 

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 site plan approval application;

 

b)         the Approval Authority BE ADVISED that the Municipal Council supports the approval of the attached Site Plan for a single detached dwelling; and,

 

c)         the financing for the project BE APPROVED in accordance with the “Claims and Revenues Report” provided as Schedule “A” to the associated staff report, dated July 23, 2012.    (2012-D25-00)

 

14.

Forest City Industrial Stormwater Management Facility and Westminster Wetland Complex

 

That the Committee Secretary BE DIRECTED to make the necessary arrangements for a delegation by J.R. Keron, regarding the Forest City Industrial Stormwater Management Facility and Westminster Wetland Complex, at the Planning and Environment Committee meeting to be held on August 20, 2012.  (2012-W10-00)

 

15.

Property located at 1365 Dundas Street

 

That, the following actions be taken with respect to the verbal presentation from A.R. Patton, Patton, Cormier & Associates, with respect to the proposed plans to update the existing site plan for Highbury Ford, located at 1365 Dundas Street:

 

a)         the proposal BE SUBJECT TO  a scoped site plan approval;

 

b)         any required road widening dedications BE TAKEN, and the Civic Administration BE DIRECTED to review the by-laws relating to boulevard rental fees and establish a nominal fee for this application while the City of London Policy is being reviewed by the Civic Administration;

 

c)         the Civic Administration BE DIRECTED to consider the proposed site plan with limited scope when addressing the oil/grit separator and parkland requirements; and,

 

d)         the Civic Administration BE DIRECTED to confirm the road widening requirements for this site; it being noted that road widening requirements will not include areas where there are existing buildings;

 

it being noted that the Planning and Environment Committee reviewed and received a communication, dated July 9, 2012, from A.R. Patton, Patton Cormier & Associates, with respect to this matter.  (2012-D25-00)

 

 

 

 

 

16.

Properties located at 1197 York Street and 1201-1203 York Street (Z-8046)

 

That, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, based on the application of Insites Consulting, relating to the properties located at 1197 York Street and 1201-1203 York Street, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on July 24, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject properties FROM a Residential R2 (R2-2) Zone, which permits single detached dwellings, semi-detached dwellings, duplex dwellings and converted dwellings (to a maximum of 2 units)  TO a Residential R2 Special Provision (R2-2(*)) Zone, for the lands at 1197 York Street to allow for maximum of 4 units within a converted dwelling with a minimum lot area of 520 m2, a minimum front yard depth of 2.7 meters, a minimum interior yard (east) of 1.9 meters, a minimum yard depth (west) of 0.7 meters and a maximum building height of 12 meters and a Residential Special Provision (R2-2(**)) Zone, for the lands at 1201/1203 York Street to allow for a maximum of 4 units within a converted dwelling with a minimum lot area of 520 m2, a minimum front yard depth of 3.1 meters, a minimum interior yard (east) of 2.6 meters and a maximum building height of 12 meters and maximum parking area coverage of 25.4%

 

Pursuant to section 17.2 of the Council Procedure By-law, Councillor J.P. Bryant calls for a separate vote on clause 16.

 

Motion to Approve clauses 10 to 15, inclusive, is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 to Approve clause 16 is put.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (10)

 

NAYS: W.J. Armstrong, J.L. Baechler, N. Branscombe, M. Brown, J.P. Bryant (5)

 

 

12th Report of the Investment and Economic Prosperity Committee

Councillor J.B. Swan presents

 

Motion made by Councillor J.B. Swan to Approve clauses 1 to 4, inclusive.

 

1.

Disclosures Of Pecuniary Interest

 

That it BE NOTED that Councillor D. Brown disclosed a pecuniary interest in clauses 2c), 2d), 2i) and 3b) of this Report as they relate to matters pertaining to the London Transit Commission, by indicating that her employer has a contract with the London Transit Commission.

 

2.

Investment and Economic Prosperity Proposals

 

a)

Investment and Economic Prosperity Process Overview

 

That it BE NOTED that the Investment and Economic Prosperity Committee received a presentation from Martin Hayward, City Treasurer, Chief Financial Officer providing an overview of the process to evaluate economic prosperity proposals.

 

b)

Small Business Grants

 

That the proposal entitled “Small Business Grants” BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

c)

Getting People to Job Opportunities

 

That the proposal entitled “Getting People to Job Opportunities”, submitted by Shawn Lewis, BE REFERRED to the August 14, 2012 Investment and Economic Prosperity Committee meeting for presentation and consideration.

 

d)

Removal of Buses from Dundas Street

 

That the following actions be taken with respect to the proposals submitted by Lorraine Fay:

 

i)             the proposal entitled “Remove Buses from Dundas Street” BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria; and;

 

ii)            the proposal with respect to Social Housing BE REFERRED to the London & Middlesex Housing Corporation for consideration;

 

it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Lorraine Fay regarding these matters.

 

e)

Tax Breaks for Facade Renovation on Dundas Street/Contest of Excellence Beauty Pageant/Centre for Rowing and Sailing Competitions

 

That the following actions be taken with respect to the proposal submitted by Elizabeth Efthymiadis:

 

i)             the proposals to provide incentives to owners to renovate buildings and annual prize for the best front windows beautifications for buildings located on Dundas Street from Talbot Street to Wellington Street and annual prize for the best front/window beautification  BE REFERRED to the Director, Land Use Planning and City Planner  for evaluation in accordance with the established criteria;

 

ii)            the proposal to create a step-by-step guide for establishing a small business to be posted on the City’s website BE REFERRED to Chief Technology Officer for consideration; and,

 

iii)           the proposal to establish an annual “Contest of Excellence” for southwestern Ontario high school students BE REFERRED to the Community Services Department for consideration;

 

it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Elizabeth Efthymiadis entitled, “Proposals to the Economic Development and Prosperity Committee”.

 

f)

New Facilities for Transportation Industry

 

That the proposal entitled “New Facilities for Transportation Industry”, submitted by Jose Quezada, BE REFERRED to the London Economic Development Corporation and the London Chamber of Commerce for consideration and to the Civic Administration for evaluation in accordance with the established criteria; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Jose Quezada regarding this matter.

 

g)

Original Method to Produce Free Green Electrical Energy

 

That the proposal entitled “Realization of an Original Electrical Generator to Produce Renewable and Free Green Energy” submitted by Ismail Khalil BE REFERRED to Western University Research Park for consideration and to the Civic Administration for evaluation in accordance with the established criteria; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Ismail Khalil regarding this matter.

 

h)

Connecting Youth

 

That the proposal entitled “Connecting Youth’s Success”, submitted by Jessica McClure and Spencer Kenyon, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria; it being noted that that the Investment and Economic Prosperity Committee received the attached presentation from Spencer Kenyon and Jessica McClure regarding this matter.

 

i)

Various Ideas

 

That the following actions be taken with respect to the proposal entitled “Proposed Ideas”, submitted by Mohamed Soliman:

 

i)             the proposals BE REFERRED to the London Transit Commission; Main Street London and London Hydro for consideration and to the Civic Administration for evaluation in accordance with the established criteria; and,

 

ii)            the Civic Administration BE REQUESTED to undertake the necessary actions to initiate the removal of debris from the Thames River;

 

it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Mohamed Soliman regarding these matters.

 

j)

Hosting Festivals Year Round/More Television and Movie Production

 

That the proposal submitted by Somia Ditor, entitled “Host Festivals Year Round – More Television and Movie Production” BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

k)

Creation of a Wellness Village or City

 

That the proposal submitted by Mira Katyal, entitled “Create a Wellness Village or City”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Mira Katyal regarding this matter.

 

l)

Eco Parking Lot

 

That the proposal submitted by Derek Stevens, entitled “Eco-Parking Lot”, BE REFERRED to the Civic Administration for consideration as part of the Transportation Master Plan and for evaluation in accordance with the established criteria.

 

3.

Investment and Economic Prosperity Written Submissions

 

a)

Economic Ideas

 

That the communication from R. Morley dated, June 24, 2012, regarding various economic ideas, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

b)

Modern Transportation

 

That the communication from A. Stolarski, regarding “Modern Transportation”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

c)

Highway 401 Interchange

 

That the communication from J. Hawlik, regarding the “Highway 401 Interchange”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

d)

Encouraging Entrepreneurship

 

That the communication from W. Beldman, regarding “Encouraging Entrepreneurship”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

e)

London's Neighbourhoods

 

That the communication from M. Rickard, regarding “London’s Neighbourhoods”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

f)

Promoting Local Companies

 

That the communication from V. Bauer Intini, regarding “Promoting Local Companies”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

g)

Destination Arts

 

That the proposal entitled “Destination Arts” submitted by Clark Bryan BE REFERRED to the August 14, 2012 Investment and Economic Prosperity Committee meeting for presentation and consideration.

 

h)

Public Bike Lanes

 

That the communication from E. Paraskevas, regarding “Public Bike Lanes”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

i)

Parking Vouchers

 

That the communication from F. Galera, regarding “Parking Vouchers”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

j)

Police Presence During Bar Hours

 

That the communication from S. Avdovich, regarding “Police Presence During Bar Hours”, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria.

 

4.

Maintain VIA Rail Passenger Service

 

Recommendation:  That the following actions be taken with respect to the existing rail passenger service along the Guelph Subdivision, which connects London, St. Marys, Stratford, Kitchener, Guelph and Halton Hills to the Greater Toronto Area and beyond:

 

a)            VIA Rail and the Federal Government BE REQUESTED to maintain the existing rail passenger service; and

 

b)            the Association of Municipalities of Ontario and the Southwest Economic Alliance BE REQUESTED to support this resolution.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

 

13th Report of the Investment and Economic Prosperity Committee

Councillor J.B. Swan presents

 

Motion made by Councillor J.B. Swan to Approve clauses 1, 2a) to h) except e).

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor J.B. Swan disclosed a pecuniary interests in clause 2i) of this Report pertaining to Orchestra London by indicating that he is employed by Orchestra London.

 

2.

Investment and Economic Prosperity Proposals

 

 

a)

Investment and Economic Prosperity Process Overview

 

That it BE NOTED that the Investment and Economic Prosperity Committee declined a presentation from Martin Hayward, City Treasurer, Chief Financial Officer providing an overview of the process to evaluate economic prosperity proposals as the same presentation had been given at the July 18, 2012 meeting of the Investment and Economic Prosperity Committee.

 

b)

Tourism London – Tourism as an Economic Generator

 

That the following actions be taken with respect to the proposals, submitted by John Winston, General Manager, Tourism London, regarding tourism as an economic generator:

 

i)             Tourism London BE REQUESTED to convene a meeting with  London’s hospitality industry to discuss the possible establishment of a Community Attraction/Event Development Fund and provide an update with respect to this matter to the Investment and Economic Prosperity Committee (IEPC) in the Fall of 2012; and,

 

ii)            the remaining proposals submitted by Tourism London BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria;

 

 it being noted that the IEPC received a delegation from John Winston, Tourism London regarding these matters.

 

c)

London Convention Centre Space Enhancement

 

That the proposal entitled “London Convention Centre Space Enhancement”, submitted by Lori Da Silva, General Manager and Chief Executive Officer, London Convention Centre, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria, subject to the submission of a financial plan in support of the proposal;  it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Lori DaSilva, London Convention Centre.

 

d)

Employment Sector Council London-Middlesex Proposal

 

That the proposal entitled “Employment Sector Council London-Middlesex”, submitted by Carol Stewart, Project Manager, Employment Sector Council London-Middlesex, BE SUPPORTED AND REFERRED to the Civic Administration for evaluation in accordance with the established criteria and to provide a potential source of financing for the initiative;    it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Anne Langille and Carol Stewart, Employment Sector Council London-Middlesex.

 

f)

Old East Village BIA – Accelerating Economic Prosperity

 

That the proposal entitled “Accelerating Economic Prosperity in London’s Neighbourhoods”, submitted by Sarah Merritt, Manager, Old East Village Business Improvement Area, BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria, subject to the provision of additional information with respect to the financing of the initiative; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Sarah Merritt, Old East Village Business Improvement Area.

 

g)

German Solar Corporation – Solar Panels

 

That the proposal submitted by Dennis German, President, German Solar Corporation, to utilize municipal rooftops for the installation of solar panels BE SUPPORTED IN PRINCIPLE AND BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria and the City of London’s Procurement of Goods and Services Policy with a report back to the Investment and Economic Prosperity Committee (IEPC) in September 2012; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Dennis German, German Solar Corporation.

 

h)

560 & 562 Wellington Street Residential Condominium Project

 

That the proposal entitled “Auburn Developments Inc. - 560, 562 Wellington Street, London Residential Condominium Project”, submitted by Stephen Stapleton, Vice President, Auburn Development Inc., BE RECEIVED; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Steve Stapleton and Hugh Handy, Auburn Developments.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

Motion made by Councillor J.B. Swan to Approve clause 2e)

 

e)

London-Middlesex Immigrant Employment Council Job Match Network

 

That the proposal entitled “LMIEC Job Match Network”, submitted by Jennifer Hollis, Project Manager, London-Middlesex Immigrant Employment Council, BE SUPPORTED AND BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria and to provide a potential source of financing for the initiative;   it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Jennifer Hollis, London Middlesex Immigrant Employment Council.

 

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

 

RECUSED:  P. Hubert (1)

 

At 10:12 PM Councillor J.B. Swan leaves the meeting.

 

Motion made by Councillor M. Brown to Approve clause 2i)

 

i)

Orchestra London – Music London

 

That the proposal entitled “Music London”, submitted by David Canton, Chair, Facility Planning Committee, Orchestra London, BE REFERRED to the Civic Administration to evaluate and report back on the proposed governance structure of Centennial Hall and for evaluation in accordance with the established criteria; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from David Canton, Orchestra London.

 

Motion made by Councillor B. Armstrong and seconded by Councillor S. Orser that consideration of clause 2i) BE REFERRED to later in the meeting, after the in camera session, in order to receive information that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing directions or instructions to officers, employees of the Corporation with respect to  the proposed establishment of a separate municipal service board for the for the operation and management of Centennial Hall and with respect to the contract between the Corporation and Donald Jones Management Services Inc. for the management and operation of Centennial Hall.

 

Motion Passed

 

At 10:15 PM Councillor J.B. Swan enters the meeting.

 

Motion made by Councillor J.B. Swan to Approve clauses 2j), 2k) and 3.

 

At 10:24 PM, His Worship the Mayor placed Councillor P. Hubert in the Chair and takes a seat at the Council Board.

 

At 10:30 PM, His Worship the Mayor returns to the Chair and Councillor P. Hubert takes his seat at the Council Board.

 

j)

My Sisters’ Place – Prosperity Through Resiliency

 

That the proposal entitled “Prosperity Through Resiliency”, submitted by Susan Macphail, Director of Women’s Mental Health Resources, My Sisters’ Place BE REFERRED to the Strategic Funding Process: it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Susan MacPhail, My Sister’s Place.

 

k)

Community Thread

 

That the proposal entitled “Community Thread”, submitted by Ryan Craven, Program Coordinator, London Fuse, it BE REFERRED to the Civic Administration for evaluation in accordance with the established criteria, subject to the submission of a business plan that demonstrates financial sustainability; it being noted that the Investment and Economic Prosperity Committee received the attached presentation from Ryan Craven, London Fuse.

 

3.

Maintain VIA Rail Passenger Service

 

That the following Resolution BE APPROVED with respect to the proposed reductions to VIA Rail service in the Windsor/Sarnia/London/Toronto corridors to replace clause 4 of the 12th Report of the Investment and Economic Prosperity Committee:

 

WHEREAS VIA Rail has announced reductions to service in the Windsor/Sarnia/London/Toronto corridors, to take effect in July and October 2012;

 

AND WHEREAS VIA Rail’s mandate is to provide safe, efficient, more environmentally sustainable and cost effective passenger transportation;

 

AND WHEREAS our passenger rail network is an integral and vital part of our national transportation infrastructure and is vital to our economic prosperity;

 

AND WHEREAS rail is the most environmentally friendly and most energy-efficient mode of passenger transportation;

 

AND WHEREAS Southwestern Ontario corridor passenger rail services provide an effective and attractive travel alternative to Highways 401, 402 and regional highways, reducing congestion and vehicle emissions;  

 

AND WHEREAS communities, our residents and our businesses rely on timely, convenient rail links to Toronto and other corridor communities;

 

BE IT RESOLVED THAT VIA Rail be petitioned to maintain and improve rail service and frequency in these Southwestern Ontario corridors; and

 

BE IT FURTHER RESOLVED THAT a meeting be requested with VIA Rail to explore improvements to passenger rail services in the Southwestern Ontario corridors; and

 

BE IT FURTHER RESOLVED THAT copies of this resolution be sent to VIA Rail, the Minister of Transport, Infrastructure and Communities, the Minister of State (Transport),  the Minister of Industry, the Ontario Minister of Transportation, the Ontario Minister of Economic Development and Innovation, area MPs and MPPs, FCM, AMO, SWEA, and other corridor communities.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

At 10:36 PM Councillor J.B. Swan leaves the meeting.

 

 

7th Report of the Public Safety Committee

                        Councillor P. Hubert presents

 

Motion made by Councillor P. Hubert to Approve clauses 1 and 2.

 

1.    Disclosure of Pecuniary Interest

 

 

That it BE NOTED that Councillor D. Brown disclosed a pecuniary interest relating to the London Taxicab Owner’s and Drivers’ Group Inc. Application to the Ontario Superior Court of Justice – Court File No. 7123/12, by indicating that her employer has a taxi business.

 

2.     London Taxicab Owners’ and Drivers’ Group Inc. Application to the Ontario Superior Court of Justice – Court File No. 7123/12

 

That, on the recommendation of the Solicitor II, the Decision of Madam Justice Rady of the Ontario Superior Court of Justice, issued on June 29, 2012, in connection with the motion of London Taxicab Owners’ and Drivers’ Group Inc. for an interlocutory injunction to stay By-law L.-129-51, the Taxi and Limousine Licensing By-law, from coming into effect, BE RECEIVED. (2012-P10-02)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, 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 (13)

 

RECUSED: D. Brown (1)

 

 

At 10:37 PM Councillor J.B. Swan enters the meeting.

 

 

3rd Report of the Audit Committee

                        Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 5, inclusive.

 

1.

Disclosures of Pecuniary Interest

 

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

2nd Report of the Audit Committee

 

That the 2nd Report of the Audit Committee, from its meeting held on February 1, 2012, BE RECEIVED.

 

3.

Update on 2011 Internal Audit of Community Services – Housing Division

 

That, on the recommendation of the Director of Municipal Housing, the report, dated June 28, 2012, with respect to an update on the PricewaterhouseCoopers Internal Audit of Community Services - Housing Division, BE RECEIVED. (2012-A04-00)

 

4.

Brownfield Administration Policy Project

 

That, on the recommendation of the City Treasurer, Chief Financial Officer, the report dated June 28, 2012 with respect to the steps planned to develop a City of London brownfield administration policy BE RECEIVED; it being noted that the policy is intended to address issues raised to the Finance and Administrative Services Committee in January 2012, as well as respond to the internal auditor’s report of December 7, 2011. (2012-A04-00)

 

5.

Engagement of PricewaterhouseCoopers for Operational Review

 

That, on the recommendation of the City Treasurer, Chief Financial Officer, the report dated June 28, 2012 with respect to the engagement of PricewaterhouseCoopers by the Housing Division for the completion of an operational review of the London & Middlesex Housing Corporation (LMHC), BE RECEIVED; it being noted that the review is at the request of the Board of the LMHC. (2012-C03-00)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 P. Hubert to Approve clauses 6 to 9, inclusive.

 

 

6.

Amendment to Three-Year Audit Plan

 

That, on the recommendation of the Deputy City Treasurer, the following amendments to the Three-Year Internal Audit Plan of PricewaterhouseCoopers, BE APPROVED:

 

a)         the Health and Safety audit be brought forward to 2012, from 2013;

 

b)         the Grants and Loans audit be moved to 2013, from 2012.  (2012-A04-00)

 

 

7.

See Confidential Appendix Item C-1

 

 

 

 

 

 

 

8.

2011 Financial Audit

 

That the following actions be taken with respect to the 2011 Financial Audit and Audit Findings Report 2011, as prepared by KPMG:

 

a)         the 2011 Financial Report of The Corporation of the City of London BE RECEIVED;             and,

 

b)         the Audit Findings Report for the year ending December 31, 2011 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. (2012-A04-00)

 

 

9.

Quarterly Report on Internal Audit Results

 

That the following actions be taken with respect to the Quarterly Report on Internal Audit Results, dated June 28, 2012, from PricewaterhouseCoopers:

 

a)         Community Services – Financial Management – the Action Plans included as Appendix             ‘A’ of the above-noted report BE IMPLEMENTED; it being noted that the             implementation dates for some items are not applicable due to the cost of the             implementation having been determined to be prohibitive to any potential benefit; and,

 

b)         Planning, Environmental & Engineering Services – Contract & Tendering             Administration –

 

i)              the Action Plans included as Appendix ‘B’ of the above-noted report BE IMPLEMENTED; and,

ii)             the Interim City Manager BE DIRECTED to bring forward a report as soon as possible with respect to a project approval process for tenders, with such report to outline the practices and policies utilized by other municipalities. (2012-A04-00)

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 J.B. Swan and seconded by Councillor N. Branscombe to Approve that pursuant to section 2.4 of the Council Procedure By-law, section 11.10 of the said by-law be suspended for the purpose of permitting the meeting to proceed beyond 11:00 PM.

 

Motion Passed

 

X

ENQUIRIES

 

Councillor J.L. Baechler enquires about the possibility of Council Members voluntarily disclosing sources of income, debts, assets and liabilities.  The Civic Administration was requested to report back to the Finance and Administrative Services Committee on this matter, with the report to include the January 19, 2011 report from the City Solicitor on this matter.

 

 

XI

EMERGENT MOTIONS

 

Motion made by Councillor J.L. Baechler and seconded by Councillor N. Branscombe to Approve that pursuant to section 18.2 of the Council Procedure By-law leave be given for the introduction of an emergent motion with respect to the submission of comments to the OMERS governance review process.

 

Motion Passed

 

Motion made by Councillor J.L.  Baechler and seconded by Councillor N.  Branscombe to Approve that the Civic Administration BE AUTHORIZED to retain independent expert advice to assist with the preparation of comments for submission to the OMERS governance review process.

 

Motion Passed

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

At 11:00 PM His Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

 

Motion made by Councillor J.B. Swan and seconded by Councillor S. Orser to Approve that pursuant to section 18.2 of the Council Procedure By-law leave be given for the introduction of an emergent motion with respect to the receipt of donation of backpacks for the residents of Elliott Lake.

 

Motion Passed

 

 

Motion made by Mayor J.F. Fontana and seconded by Councillor H.L. Usher to Approve that the Civic Administration BE DIRECTED to facilitate the placement of a drop off box in the lobby of City Hall to receive donations of backpacks for the residents of Elliott Lake.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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)

 

 

At 11:03 PM His Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.

 

XII

BY-LAWS

 

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

 

Motion made by Councillor P. Van Meerbergen and seconded by Councillor H.L. Usher to Approve 1st Reading of Bill No.s 310 to 335, excluding Bill No. 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 H.L. Usher and seconded by Councillor P. Hubert to Approve 2nd Reading of Bill No.s 310 to 335, excluding Bill No. 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 B. Polhill and seconded by Councillor J.L. Baechler to Approve 3rd Reading of Bill No.s 310 to 335, excluding 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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 and seconded by Councillor N. Branscombe to Approve 1st Reading of Bill No. 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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, S.E. White (14)

 

NAYS: J.P. Bryant (1)

 

Motion made by Councillor H.L. Usher and seconded by Councillor P. Hubert to Approve 2nd Reading of Bill No. 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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, S.E. White (14)

 

NAYS: J.P. Bryant (1)

 

Motion made by Councillor S. Orser and seconded by Councillor D. Brown to Approve 3rd Reading of Bill No. 314.

 

Motion Passed

 

YEAS: J.F. Fontana, B. Polhill, W.J. 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, S.E. White (14)

 

NAYS: J.P. Bryant (1)

 

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

 

 

Bill No. 310, By-law No. A.-

 

A by-law to confirm the proceedings of the Council Meeting held on the 24th day of July, 2012. (City Clerk)

 

Bill No. 311, By-law No. A.-

 

A by-law to authorize and approve a Master Agreement Acknowledgement with Oracle Canada ULC and to authorize the Chief Technology Officer to execute the Agreement and other related documents. (7/21/FASC)

 

Bill No. 312, By-law No. A.-

 

A by-law to amend Council Policy 28(2) entitled, “Council Members’ Expense Account”, to implement an increase to the Council Members’ annual expense allocation.” (16/21/FASC)

 

Bill No. 313, By-law No. A.-

 

A by-law to amend Council Policy 28(2) entitled, “Council Members’ Expense Account”, to provide Council Members with the ability to utilize the Council Members’ expense account application for community event sponsorship and ticket purchases.” (2/21/FASC)

 

Bill No. 314, By-law No. A.-

 

A By-law to amend By-law A.-6780-64 entitled, “A by-law to approve the City of London’s 2012 Special Events Policies and Procedures Manual”. (Manager - Special Events and Community Rentals)

 

Bill No. 315, By-law No. B.-92()-amend

 

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. (5/19/PEC)

 

Bill No. 316, By-law No. C.P.-

 

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 Plan 33M-632, in the City of London and County of Middlesex. (//PEC)

 

Bill No. 317, By-law No.C.P.-1284(sn)-amend

 

A by-law to amend the Official Plan for the City of London, 1989 relating to the Near-Campus Neighbourhoods Area (12/17/PEC)

 

Bill No. 318, By-law No.C.P.-1284(so)-amend

 

A by-law to amend the Official Plan for the City of London, 1989 relating to 75 Blackfriars Street. (/18/PEC)

 

Bill No. 319, By-law No. L.S.P.-

 

A by-law to designate Meadowlilly Bridge to be of historical and contextual value or interest.  (8/13/PEC)

 

Bill No. 320, By-law No. L.S.P.-

 

A by-law to designate 678 Talbot Street to be of historical and contextual value or interst. (8/13/PEC)

 

Bill No. 321, By-law No. PS-111-amend

 

A by-law to amend By-law PS-11 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (3/12/CWC)

 

Bill No. 322, By-law No. S.-

 

A by-law to permit Scott & Joanne Brunt to maintain and use a boulevard parking area upon the road allowance for the untravelled portion of the highway knows municipally as 427 Grey Street, City of London. (Manager, Licensing & Elections)

 

Bill No. 323, By-law No. S.-

 

A by-law to permit 2057032 Ontario Ltd to maintain and use a boulevard parking area upon the road allowance for the untravelled portion of the highway known municipally as 767 Hellmuth Avenue, City of London. (Manager, Licensing & Elections)

 

Bill No. 324, By-law No. S.-

 

A by-law to assume certain works and services in the City of London.  (Summerside Subdivision – Phase 11; Plan No. 33M-525) (City Engineer)

 

Bill No. 325, By-law No. S.,-

 

A by-law to permit Tobiray Holdings Inc. and Red Brick Realty Corp. to maintain and use an encroachment upon the road allowance for Wharncliffe Road North, City of London. (City Solicitor)

 

Bill No. 326, By-law No. S.-

 

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

 

Bill No. 327, By-law No. S.-

 

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As widening to Wonderland Road North, between Annadale Drive and Attawandaron Gate) (Chief Surveyor)

 

Bill No. 328, By-law No. Z.-1-122125

 

A by-law to amend By-law No. Z.-1 to change various sections of the Zoning By-law pertaining to the area known as the Near-Campus Neighbourhoods Area. (12/17/PEC)

 

Bill No. 329, By-law No. Z.-1-122126

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 75 Blackfriars Street. (7/18/PEC)

 

Bill No. 330

By-law No. A.-6853-243

A by-law to implement a Telecommunication Facilities Consultation Policy for the City of London.

Bill No. 331

By-law No. C.P.-1284(sp)-244

A by-law to amend the Official Plan for the City of London, 1989 relating to 981 & 983 Wonderland Road South. (12a/20/PEC)

Bill No. 332

By-law No. Z.-1-122127

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 2365 Innovation Drive and 2865 Innovation Drive. (4/20/PEC)

 

Bill No. 333

By-law No. Z.-1-122128

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 603, 609 and 611 Oxford Street West. (11/20/PEC)

 

Bill No. 334

By-law No. Z.-1-122129

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 981 & 983 Wonderland Road South. (12/12/PEC)

 

Bill No. 335

By-law No. Z.-1-122130

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1197 York Street and 1201/1203 York Street. (16/20/PEC)

 

 

XIII

COMMITTEE OF THE WHOLE, IN CAMERA

 

MOTION FOR IN CAMERA SESSION

 

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

 

 

That Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

 

a)

A personal matter pertaining to identifiable individuals, including municipal employees, with respect to the Awarding of the 2012 Queen Elizabeth Scholarships (CSC)

 

b)

A matter pertaining to the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land by the municipality; 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 by the municipality; 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.  (FASC)

 

c)

A matter pertaining to personal matters about an identifiable individual, including communications necessary for that purpose, as it relates to conducting a personal interview regarding a vacancy on one of the Municipal Council’s advisory committees.  (FASC)

 

d)

A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land by the municipality; 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 by the municipality; 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.  (FASC)

 

e)

A matter pertaining to the security of the information systems of the City of London.  (AC)

 

f)

A matter pertaining to personal matters about identifiable individuals, including municipal employees, with respect to employment related matters, advice and recommendations of officers and employees of the Corporation concerning employee negotiations, litigation or potential litigation affecting the municipality and advice which is the subject of solicitor client privilege, including communications necessary for that purpose.  (AC)

 

g)

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose and for the purpose of providing directions or instructions to officers, employees of the Corporation with respect to  the proposed establishment of a separate municipal service board for the for the operation and management of Centennial Hall and with respect to the contract between the Corporation and Donald Jones Management Services Inc. for the management and operation of Centennial Hall.

 

Motion Passed

 

The Council rises and goes into Committee of the Whole, in camera at 11:14 PM with Mayor J.F. Fontana in the Chair and all Members present.

 

At 12:00 AM Councillor J.B. Swan leaves the meeting.

 

The Committee of the Whole rises and Council resumes in regular session at 12:28 AM with Mayor J.F. Fontana in the Chair and all Members present except Councillor J.B. Swan.

 

13th Report of the Investment and Economic Prosperity Committee (continued)

Councillor P. Hubert presents

 

                        2i)        Orchestra London – Music London

 

Motion made by Councillor P. Hubert to Approve that NO ACTION BE TAKEN at this time with respect to the proposal entitled “Music London”, submitted by David Canton, Chair, Facility Planning Committee, Orchestra London.

 

Motion Passed

 

14th Report of the Committee of the Whole

                        Councillor P. Hubert presents.

 

PRESENT: Mayor J. Fontana, Councillors B. Polhill, W.J. 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:  T. Dobbie, J.P. Barber, B. Coxhead, D. Gupta, M. Hayward, L. Livingstone, V. McAlea Major and L. Rowe.

 

1.

Contract – Tim L. Dobbie Ltd.

 

Motion made by Councillor P. Hubert to Approve 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 Chief Human Resources Officer, the engagement of Tim L. Dobbie Ltd. BE ENDORSED up to a maximum of $75,000, exclusive of HST, for Tim L. Dobbie Consulting Ltd. to provide external consulting support in relation to the matters outlined in the confidential staff report dated July 24, 2012; it being noted that the funding for expenses related to the aforementioned consulting assistance will be accommodated from within the 2012 approved operating budget.

 

2.

Queen Elizabeth Scholarships

 

Motion made by Councillor P. Hubert to Approve that, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded City Council for deliberation and a vote in public session: 

That, on the recommendation of the City Clerk and in accordance with Council Policy 1(3), the following students BE AWARDED 2012 Queen Elizabeth Scholarships, in the amounts shown: 

Ahjeong Yeom   H.B. Beal Secondary School  98.83% -  $2,000 

Matthew Ng   A.B. Lucas Secondary School 98.17% - $2,000.

Motion Passed

Motion made by Councillor P. Hubert to Approve that the above recommendations from the 14th Report of the Committee of the Whole be adopted.

Motion Passed

 

XIV

ADJOURNMENT

 

Motion made by Councillor S. Orser and seconded by Councillor H.L. Usher, to Adjourn.

 

The meeting adjourned at 12:34 AM on June 25, 2012.

 

 

 

 

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                                                                                          Joe Fontana, Mayor

 

 

 

 

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                                                                                          Catharine Saunders, City Clerk

 

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