Council

MINUTES

14TH MEETING

June 10, 2014

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

PRESENT: Mayor 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 and C. Saunders (City Clerk). 

ABSENT: Councillor N. Branscombe.

ALSO PRESENT: A. Zuidema, J.P. Barber, A.L. Barbon, G. Belch, J. Braam, H. Chapman, B. Coxhead, K. Dawtrey, J.M. Fleming, M. Hayward, G.T. Hopcroft, T. Grawey, L. Livingstone, V. McAlea Major, R. Paynter, M. Ribera, L. M. Rowe, L. Stevens, B. Warner, B. Westlake-Power and J. Winston.

At the beginning of the Meeting all Members are present expect Councillors N. Branscombe, D. Brown, P. Van Meerbergen and J. Swan.

I

DISCLOSURES OF PECUNIARY INTEREST

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III

ADDED REPORTS

1.

16th Report of the Corporate Services Committee

2.

13th Report of the Strategic Priorities and Policy Committee

V

RECOGNITIONS

1.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to the London Synchronized Swimming Club (London Synchro Club).

3.

Councillor H.L. Usher presents His Worship the Mayor with the Federation of Canadian Municipalities (FCM) Award for Outstanding Volunteer Contribution to International Programs to the City of London.

IV

COMMITTEE OF THE WHOLE, IN CAMERA

Motion made by Councillor J.L. Baechler and seconded by Councillor P. Hubert to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following: 

a)         A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition. (C1/15/CSC)

b)         A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition and disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition and disposition 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 and disposition. (C2/15/CSC)

c)         A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose, as it relates to entering into a subdivision agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the subdivision of lands over Part of Blocks A, B and C, Part of Terrace Street (Closed by By-law No. 8865-28, Inst. No. CB225), Registered Plan No. 437(C), All of Lots 1 to 12 (both inclusive), All of Block W and Part of Block R, Registered Plan No. 500 (amended by order No. EL34037), in the former Township of Westminister, now in the City of London, County of Middlesex, situated at the west limit of Terrace Street, west of Adelaide Street South. (C1/11/PEC)

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

Motion Passed

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

2.

His Worship the Mayor accepts recognition and thanks for the City of London Team's contributions to the 2014 Mastercard Memorial Cup Event.

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE THIRTEENTH MEETING HELD ON MAY 20, 2014

Motion made by Councillor S. Orser and seconded by Councillor P. Van Meerbergen to Approve the Minutes of the 13th Meeting held on May 20, 2014.

Motion Passed

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

VII

COMMUNICATIONS AND PETITIONS

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve the receipt and referral of the following communications, as noted on the Agenda:

1.

School Crossing Guard Program (Refer to the Community and Protective Services Committee Stage for Consideration with Clause 2 of the 12th Report of the Community and Protective Services Committee.)

a)

M. Brown, By E-mail;

b)

K. Rapson, Lord Roberts School Council; and

c)

M. O'Halloran, London Block Parent Program

2.

M. Dawthorne, Chair, Accessibility Advisory Committee - By-law Amendments for Expanding Animal Welfare Initiatives (Refer to the Community and Protective Services Committee Stage for Consideration with Clause 7 of the 12th Report of the Community and Protective Services Committee.)

3.

E. Costello, Aird & Berlis LLP - Mud Creek Subwatershed (Refer to the Civic Works Committee Stage for Consideration with Clause 11 of the 10th Report of the Civic Works Committee.)

a)

(ADDED) C. Hagarty, Forest Glen Golf Centre

4.

R.G. Waters, Barristers & Solicitors - Properties located at 360 Crumlin Sideroad and 3301 and 3345 Gore Road (OZ-8188) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 11 of the 10th Report of the Planning and Environment Committee.)

5.

Urban Forest Strategy and Implementation Plan - Keeping the Forest in the Forest City (Refer to the Planning and Environment Committee Stage for Consideration with Clause 5 of the 11th Report of the Planning and Environment Committee.)

a)

G. Smith and S. High, 141 Meadowlily Road South; and

b)

I. Wilcox, Upper Thames River Conservation Authority

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

IX

REPORTS

12th Report of the Community and Protective Services Committee

Councillor M. Brown presents.

Motion made by Councillor M. Brown to Approve clauses 1, 3 to 6, and 8 to 11.

1.

Disclosure of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

3.

Execution of Documents between The Corporation of the City of London and the South West Local Health Integration Network (LHIN) and the Ministry of Health and Long Term Care

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, with the concurrence of the City Manager, the proposed by-law, as appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council meeting of June 10, 2014 to authorize the Managing Director, Housing, Social Services and Dearness Home or designate to execute documents related to the Dearness Home (including the Long-Term Care Home and the Adult Day Program) with the Local Health Integration Network (LHIN) or with Her Majesty the Queen in Right of Ontario (Minister of Health and Long-Term Care). (2014-L04)

4.

By-law to Repeal the Delegation of Certain Duties Under Long-Term Care Homes Act, 2007

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, with the concurrence of the City Manager, the proposed by-law, as appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to repeal By-law No. A.-6584-257, as amended, being  “A by-law to delegate to the City of London’s Interim City Manager or City Manager certain of the duties of the Licensee under the Long-Term Care Homes Act, 2007” as the by-law is redundant given that the Civic Administration By-law A-44, sets out “the role and responsibility of the officers and employees of the Corporation” and as such, the Managing Director, Housing, Social Services and Dearness Home carries the responsibility under the Long Term Care Homes Act, 2007.  (2014-C01/S03)

5.

2013-2016 Multi-Sector Service Agreement Dearness Home Adult Day Program and the South West Local Health Integration Network Declaration of Compliance - October 1, 2013 - March 21, 2014

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, and with the concurrence of the City Manager, the City Manager BE AUTHORIZED by Council to execute the Compliance Declaration declaring that the Dearness Home Adult Day Program has complied with the terms of the 2013-2016 Multi-Sector Service Accountability Agreement for the period October 1, 2013 to March 31, 2014.

(2014-L04)

6.

Expanded Animal Welfare Initiatives

That on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, the following actions be taken with respect to expanded animal welfare initiatives in the City of London:

a)         with respect to the Cat Adoption Centre Services contract, recognizing the vision for animal services where all pets have a caring, respectful and responsible home:

i)          the submission from Cats R Us Cat Rescue, implementing and operating the City of London Cat Adoption Centre, an expanded scope of animal welfare initiatives for the City of London and their submitted total annual cost for services of $165,728 BE ACCEPTED;

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

iii)         the approvals hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order, or contract record relating to the subject matter of this approval; and,

b)         the report dated May 26, 2014 with respect to RFP 14-17 Veterinary Services, BE RECEIVED.

8.

2nd Report of the Council Housing Leadership Committee

That the following actions be taken with respect to the 2nd Report of the Council Housing Leadership Committee, from its meeting held on May 12, 2014:

a)         on the recommendation of the Director, Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the report dated May 12, 2014, and the enquiry raised by Councillor S. White on February 25, 2014, relating to the Housing Ambassador Program BE RECEIVED;

b)         on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the Convert-to-Rent/Rehabilitation Program for the properties located at 1554 and 1555 Allen Place:

i)          Nelms Group Ltd. BE GIVEN a municipal allocation of $96,000 for two (2) units at 1554 Allen Place;

ii)         Nelms Group Ltd. BE GIVEN a municipal allocation of $96,000 for two (2) units at 1555 Allen Place;

iii)         in accordance with Municipal Housing Facilities By-law No A.-5814-11, the proposed by-law, as appended to the staff report dated May 12, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to:

                        A)     approve the Amendment to the Municipal Contribution Agreements, pertaining to the above-noted proposal, substantially in the form of agreement appended to the aforementioned by-law and to the satisfaction of the City Solicitor; and,

                        B)           authorize the Mayor and the City Clerk to execute the above-noted Amendment;

c)         on the recommendation of the Director of Housing, with the concurrence of the Managing Director of Housing, Social Services and Dearness Home, the following actions be taken with respect to a proposed Housing Development Corporation (HDC):

            i)          the Civic Administration BE DIRECTED to report back to the Council Housing Leadership Committee (CHLC) in June or July 2014, with a finalized HDC business case from SHS Consulting;

            ii)         the Civic Administration BE DIRECTED to prepare a business plan, including a proposed implementation plan, for a Housing Development Corporation, to be presented to CHLC at its next meeting;

            iii)         the Civic Administration BE DIRECTED to explore funding opportunities that may be available through other levels of government to support the proposed HDC implementation plans and project specific initiatives within the proposed HDC plans;it being noted that the Council Housing Leadership Committee reviewed and received presentations from the Manager, Housing Services and C. Pacini, SHS Consulting, with respect to this matter; and,

d)         clauses 4 and 5 BE RECEIVED.

9.

3rd Report of the London Diversity and Race Relations Advisory Committee

That the following actions be taken with respect to the 3rd Report of the London Diversity and Race Relations Advisory Committee, from its meeting held on May 15, 2014:

a)         the following actions be taken with respect to London Diversity and Race Relations Advisory Committee (LDRRAC) Policy and Planning Sub-Committee meeting minutes dated May 1, 2014:

           i)           the City Clerk BE REQUESTED to consider the attached new member orientation checklist; 

            ii)         the proposed LDRRAC Sub-Committee Structure, outlined in the 3rd Report, BE RECEIVED;

b)         the following actions be taken with respect to envisioning and planning for the London Diversity and Race Relations Advisory Committee (LDRRAC):

            i)          a brainstorming session BE HELD on June 5, 2015 from 4:00 p.m. - 6:00 p.m. at the Kinsman Recreation Centre; and,

            ii)         an expenditure of up to $200.00 BE APPROVED for refreshments for the session; it being noted that the LDRRAC has sufficient funds in its 2014 Budget for this expense; and,

c)         clauses 3 to 10 BE RECEIVED.

10.

Town and Gown Committee

That the following actions be taken with respect to the 1st and 2nd Reports of the Town and Gown Committee, from its meetings held on May 8, 2014:

a)         clause 4 of the 1st Report, BE AMENDED to read as follows:

            "4.        Western University and Huron University College BE REQUESTED to permit the consultants to undertake a three-season inventory and to participate in the Medway Valley Heritage Forest Environmentally Significant Area Conservation Master Plan Study; it being noted that the Town and Gown Committee reviewed and received a communication dated February 12, 2014 from S. Levin, on behalf of the Orchard Park Sherwood Forest Ratepayers and a communication from D. Hill, 12 Longbow Road and heard verbal presentations from S. Levin, Orchard Park Sherwood Forest Ratepayers and P. White, Executive Director, Government Relations & Strategic Partnerships, Western University, with respect to the Medway Valley Heritage Forest Environmentally Significant Area Conservation Master Plan";

b)         clauses 1, 2, 3 and 5 to 8 of the 1st Report BE RECEIVED;

c)         the following actions be taken with respect to Project Learn:

i)          the Civic Administration BE DIRECTED to establish a “Your London Calling Student Task Force” for the purpose of developing a website focusing on post-secondary student resources with a target launch of September 2014;

ii)         the comments, as appended to the 2nd Report of the Town and Gown Advisory Committee, BE REFERRED to the Task Force for consideration;

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

·                     G. Matthews, Housing and Mediation Officer, Western and Fanshawe College – see attached presentation.

·                     B. Duncan, Police Chief, London Police Services – indicating that in the fall there was a change in the Students’ Council; advising that they have done ride-alongs; noting that the current student councils are continuing on with the work of the previous councils; advising that this spring, there were no major issues; advising that through Project Learn they have issued warnings; advising that they are trying to avoid the large parties spilling onto the street; indicating that Western University has engaged in new strategies and advising that he is encouraged by the changes that he has seen.

·                     A. Eftekharpour, Vice-President, Western University Students’ Council – see attached presentation.

·                     A. Beaton, 811 Talbot Street – advising that he has resided here for 10 years; indicating that he has rentals to the South, North and across the street from his property; advising that he has heard lots of great words spoken tonight; advising that there seems to be an overlap with enforcement; advising that there are a number of unrelated people living in one house; advising that, during Homecoming, at 1:30 AM, there was a car that he had never seen before parked in his driveway; indicating that he contacted the Police and By-law Enforcement and both showed up quite promptly but were unable to do anything about the car parked in his driveway; and requesting that the Civic Administration review the parking by-law and put some teeth into the by-law

d)         the communication dated May 5, 2014 from S. Levin, President, Orchard Park/Sherwood Forest Ratepayers and the attached presentation received by J. Schlemmer, Neighbourhood Legal Services, relating to secondary dwelling units BE REFERRED to the Civic Administration for consideration;

it being noted that the Town & Gown Committee reviewed and received a Municipal Council resolution adopted at its meeting held on December 3, 2013, with respect to this matter;

it being pointed out that this meeting was not a public participation meeting within the meaning of the Planning Act; and your participation in this meeting, and any submissions made at this meeting (either orally or in writing), will not preserve rights under the Planning Act, an appeal any decision made by Council concerning secondary dwelling units.  To preserve rights to an appeal under the Planning Act, attend once at a public participation meeting or written submission to the Planning and Environment Committee is required.

e)         the Civic Administration BE REQUESTED to report to the appropriate Standing Committee with respect to the correlation between Lodging Houses and R-1 Zoning prior to the conclusion of the current term of Council; it being noted that a home, rented to more than three unrelated people, none of whom is the owner, and whose only common bond is the need for shared temporary rental accommodation is considered a Class 2 Lodging House and therefore not a permitted use in an R-1 Zone single detached dwelling;

it being pointed out that this meeting was not a public participation meeting within the meaning of the Planning Act; and your participation in this meeting, and any submissions made at this meeting (either orally or in writing), will not preserve rights under the Planning Act, an appeal any decision made by Council concerning secondary dwelling units.  To preserve rights to an appeal under the Planning Act, attend once at a public participation meeting or written submission to the Planning and Environment Committee is required;

it being noted that the Town & Gown Committee received the following presentations with respect to this matter:

·                     P. Beechey, on behalf of the London Neighbourhood Community Association – see attached presentation.

·                     S. Levin, President, Orchard Park/Sherwood Forest Ratepayers – advising that Western University has done an excellent job encouraging students to stay on-campus; expressing support for the Near Campus Neighbourhood Strategy; advising that the concerns raised by P. Beechey in his presentation are worth exploring; recommending that the concerns be reviewed prior to the end of this Council term; requesting that the Civic Administration provide an updated report on what a lodging house is in relation to a R-1 Zone; suggesting that the City needs to avoid turning more neighbourhoods into Broughdale;

·                     E. Sims, London Property Management Association – reiterating her comments from her communication dated May 8, 2014.

·                     C. Joles, 1022 Waterloo Street - see attached presentation.

·                     S. Boerson, 310 Huron Street – advising that the five bedroom maximum that was brought into force and effect started as a safety concern; advising that this has turned her neighbourhood into a five bedroom minimum neighbourhood;  noting that every house that has been sold on her street has been listed as 4+ bedrooms; advising that it does not matter if the house was an existing four bedroom house; noting that it does nothing to protect this neighbourhood; advising that the house could be three bedroom, but it is rented to 6, 8, 10 or 12 people; indicating that she believes that “mixed” neighbourhoods should be encouraged; advising that it is hard to live next to a student because they are so transient; noting that she knows all of her permanent neighbours; advising that this takes the heart of the neighbourhood away; advising that she attended University in Waterloo, went to school, did her work and graduated; and indicating that most students attend school in London but do not plan on getting a job in London and the area residents have to live with the problems.

·                     Mr. Squire, 506 Grosvenor Street – reading a communication from concerned Ryerson Public School parents; expressing support for Mr. Beechey’s recommendation; indicating that Ryerson is an excellent school; indicating that, with the increase in rental units, it drives families out of the neighbourhood; indicating that schools are closing because the number of families living the area near the school is declining; requesting that this be dealt with one step at a time; and indicating that he supports maintaining students and mixed communities.

·                     P. House, 189 Irving Place - advising that the area residents have asked for help from Council for many years and it has fallen on deaf ears until the St. Patrick’s Day riot; indicating that landlords are not the ones going to work with no sleep; requesting that the area residents be listened to; requesting that no more than three unrelated people live in one house; indicating that there is a significant amount of money spent by the London Police Force; indicating that the City is losing money; asking that Council stop and think about this and keep the money in London; reiterating that the money be kept in London to improve the roads, parks and schools; suggesting that the City of London consider purchasing housing for students; advising that absentee landlords are the problem; indicating that there is not enough enforcement staff to do everything and, advising that changes need to happen.

·                     J. Lenardon, 997 Waterloo Street – indicating that branding has been discussed; advising that the London Neighbourhood Community Association does not just represent one neighbourhood; noting that there are at least 10 postal codes represented by the Association; and advising that they represent the interests of people throughout London.

·                     K. McKeating, 329 Victoria Street – indicating that there is no zoning change; advising that Goodman’s provided a thorough legal opinion; advising that her niece lived in a house with 12 bedrooms; indicating that landlords pack students in like sardines to make more money; advising that it is not desirable to live in or beside this type of housing; and asking for enforcement of this type of housing.

·                     D. Schaefer, 398 Chambers Place – expressing support for the comments made by E. Sims, London Property Management Association; advising that the R-1 Zone is for a house; expressing concern with the timing of the meeting as a majority of the students have left the City; advising that he has a couple of rental houses within a five minute drive; and indicating that all student rental property owners are being portrayed as living in Toronto.

·                     Resident – expressing agreement with the three bedroom maximum limit that has been set under the Near Campus Neighbourhoods Strategy.

·                     Josh, 4 Glendale Avenue – advising that he works in property management and is a mature student; indicating that a narrow view is being taken as all of the comments relate to one particular neighbourhood, not the entire city; enquiring as to how you determine if there are 13 unrelated people in one house without violating their human rights; indicating that most students live near the University; advising that all costs go into the house and to think that three students could break even baffles him; advising that the motion made by the Neighbourhood Association creates prices that students cannot afford; advising that some student housing costs $800 for a room; indicating that we can do better than this; noting that he sees everyone’s points of view and their frustrations; and, advising that the Neighbourhood Association’s recommendation is not the answer, it will only cause more headaches.

·                     M. Bax, 192 Sherwood Avenue – indicating that students are not able to afford to rent a house; advising that it is a vicious cycle where the prices of houses go up, families cannot afford to buy the house and a number of students room together to make it affordable; indicating that the house is advertised as six units in order to get the price; noting that it is better for students and families to bring the prices down; indicating that it is a bad situation with rentals with all of these bedrooms; and, advising that all of the money is going to the landlords.

·                     V. Moretti, 281 Regent Street – indicating that there should be a proactive way to deal with students and enforcement; indicating that we are not Town versus Gown; advising that University students want to be considered as law-abiding citizens; and, indicating that this is about people who build rooms in their garage for someone else’s child to live in.

·                     B. Davis, Old Masonville Ratepayers’ Association, 25 Cherokee Road – advising that, in his area, there is a strip of nine houses of student housing with more than five bedrooms; and, indicating that 13 houses are being removed and a building with 120 units will be built so that student housing can be accommodated in an organized manner.

·                     D. Pederson, 797 Colborne Street – indicating that this is becoming a battle of one against the other; advising that he has a basement rental unit; indicating that she has students who live beside her who attend Fanshawe College; advising that, with peer pressure, common sense may be forgotten; indicating that the house next to hers sold and it was turned into a five bedroom home; advising that she lives in a mixed neighbourhood; wondering how we find the  proper balance; indicating that she gets to know the students who live beside her; noting that once you know your neighbours, it is harder to violate their rights; and, indicating that five students in one house is too many.

·                     M. Salih - advising that he has served in the Canadian Forces and when some of them come back from Tour, they live in the same house; noting that you may have four responsible adults living in one house; enquiring as to whether or not this pertains to them; and expressing concern with the immigrant population who is not partying and not making a lot of noise.

f)          clauses 4 to 6 of the 2nd Report BE RECEIVED.

11.

H. Hussein, Project Coordinator, London and Middlesex Local Immigration Partnership Project

That the request of H. Hussein, Project Coordinator, London and Middlesex Local immigration Partnership Project, for delegation status before the Community and Protective Services Committee with respect to the London & Middlesex Local Immigration Partnership, BE APPROVED.

2.

School Crossing Guard Program

The motion to Approve parts a) and b) of clause 2 is put.

Motion Passed

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

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser to Approve that pursuant to section 13.8 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of May 20, 2014, with respect to part c) of clause 6 of the 9th Report of the Civic Works Committee, related to no action being taken to changed the current Council Policy 5(16) General Policy for Advisory Committees with respect to financial grants/contributions or award to third party individuals, organizations or groups by the Advisory Committee, unless that ability is explicitly provided for within the Advisory Committee’s mandate BE RECONSIDERED to provide the CSCP with the ability to provide financial grants to the London Block Parent® to replace the London Block Parent® sign on Wellington Road and for the purchase of London Block Parent®, Walking School Bus Program brochures.

Motion Passed

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

Motion made by Councillor M. Brown and seconded by Councillor D. Brown to Approve:

ii)         that notwithstanding part 11(e)(iii) of clause 5(16) of the Policy Manual, which indicates that financial grants/contributions or awards to third party individuals, organizations or groups shall be directed to the appropriate Civic Department to be addressed through the approval and reporting processes already established by the Municipal Council for those situations, the amount of $330.00 for the replacement of the London Block Parent® sign on Wellington Road BE APPROVED from the CSCP 2014 Budget; it being noted that the CSCP reviewed and received a communication from M. O’Halloran, Executive Director, London Block Parent® Program, with respect to this matter;

iii)        notwithstanding part 11(e)(iii) of clause 5(16) of the Policy Manual, which indicates that financial grants/contributions or awards to third party individuals, organizations or groups shall be directed to the appropriate Civic Department to be addressed through the approval and reporting processes already established by the Municipal Council for those situations, the amount of $632.49 for the purchase of 4,000 London Block Parent®, Walking School Bus Program brochures (as attached) BE APPROVED from the CSCP 2014 Budget; it being noted that the CSCP reviewed and received a communication from M. O’Halloran, Executive Director, London Block Parent® Program, with respect to this matter;

iv)        the following actions be taken with respect to the School Crossing Guard Program and the proposed removal of nine (9) existing school crossing guard locations:

A)        the Chair of the CSCP BE DIRECTED to seek delegation status at the May 26, 2014 Community and Protective Service Committee (CPSC) meeting to speak to this matter on behalf of the CSCP; 

B)        the organizations represented on the CSCP BE ENCOURAGED to write to the City Staff, Councillors and the Mayor expressing their concerns with the removal of the nine (9) school crossing guards; and,

C)        the Civic Administration BE REQUIRED to provide improved communications to the CSCP concerning any issues regarding safety, prior to their presentation to the CPSC; and,

v)         clauses 4 to 7 BE RECEIVED;

it being noted that the CPSC received a verbal presentation from L. Norman, Chair of the CSCP.

Motion Passed

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

7.

By-law Amendments for Expanding Animal Welfare Initiatives

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

a)         the proposed by-law, as appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to:

            i)          amend By-law No. PH-3, Animal Control to implement the following animal welfare initiatives: increased pet limits for cats; new citizen clause;  increased exemption period for licensing of new born animals; allow discretion of licensing fee amnesty periods; add provisions related to microchips as a form of identification for cats in place of cat identification tags; and the inclusion of fostering regulations; and

            ii)          amend fees and charges related to cat registration fees within Schedule “A” attached to the by-law; and

b)         the proposed by-law, as appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to amend By-law No. PH-4, Dog Licensing & Control to:

i)          implement the following animal welfare initiatives: increased pet limits for dogs; new citizen clause; increased exemption period for licensing of new born animals; and allow discretion of licensing fee amnesty periods; redefine “at large” in response to a citizen concern; revised wording regarding muzzling to clarify when a Notice of Caution will be issued, and the inclusion of fostering regulations fostering; and

ii)         amend fees and charges related to dog registration licensing fees within Schedule “A” attached to the by-law; and,

c)         the proposed by-law, as appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10th , 2014 to amend By-law No. PH-5, Public Pound By-law to reflect name and position changes due to organizational restructuring, and to update the means of maintaining the Poundkeeper’s records; and,

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

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

it being noted that the Community and Protective Services Committee received submissions from S. Ross and W.R. Warder with respect to this matter;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-C01/P14)

Motion made by Councillor D. Brown and seconded by Councillor H.L. Usher to Approve referral of clause 7 to a public participation meeting to be held at the July meeting of the Community and Protective Services Committee, in order to receive additional information, including legal advice, related to comments provided by the public and the Animal Welfare Advisory Committee with respect to this matter.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, B. Armstrong, J.B. Swan, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)

NAYS: S. Orser, J.L. Baechler, M. Brown (3)

15th Report of the Corporate Services Committee

Councillor B. Polhill presents.

Motion made by Councillor S.E. White to Approve clauses 1 to 7.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Municipal Funding Agreement Related to the Transfer of Federal Gas Tax Funds

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law (Appendix “A”), as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to authorize the Mayor and the City Treasurer to execute a Municipal Funding Agreement between the Association of Municipalities of Ontario (AMO) and The Corporation of the City of London with respect to the transfer of Federal Gas Tax Funds.

3.

Request for Amendments - London Diversity and Race Relations Advisory Committee Terms of Reference

That the following actions be taken with respect to the Terms of Reference for the London Diversity & Race Relations Advisory Committee (LDRRAC) :

a)         the attached revised, amended Terms of Reference for the London Diversity & Race Relations Advisory Committee (LDRRAC) (Appendix “A”) BE APPROVED; it being noted that the changes from the current Terms of Reference include:

i)          changing the term “equal” to “equitable”;

ii)         removing reference to the “French Committee Services, AFCO de London Sarnia and changing to “an individual whose first language is French”;

iii)         reflecting non-voting membership from sectors, rather than from specific organizations;

iv)        including “business” and “labour” as two additional sectors for non-voting members;

v)         clarifying the qualifications for appointment process to reflect change in non-voting membership as noted in c) above; and

b)         the City Clerk BE DIRECTED to liaise with the LDRRAC regarding the term of appointment for the student representative.

4.

Agreement with the Province of Ontario to Participate in the Ontario Certified Site Program with the Ministry of Economic Development, Trade and Employment for 2475 Bonder Road - Innovation Park, Phase lV

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the proposed by-law (Appendix A), as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting of June 10, 2014 to:

a)         approve the agreement with Her Majesty the Queen in Right of Ontario, as represented by the Minister of Economic Development, Trade and Employment, for promotion of 2475 Bonder Road, Innovation Park, Phase IV, as an “Investment Ready: Certified Site”;

b)         authorize the Mayor and City Clerk to execute the Agreement in a) above; and

c)         authorize the Mayor and City Clerk to execute further agreements under this program as additional sites can be identified.

5.

Residential Tax By-law for Investment in Affordable Housing Program Project at 129 Riverside Drive

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director Corporate Services and City Treasurer, Chief Financial Officer, the proposed by-law, as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting on June 10, 2014, to tax the affordable housing property at 129 Riverside Drive at an effective tax rate equal to the residential tax rate, and the City Clerk BE DIRECTED to give written notice of the by-law to the Municipal Property Assessment Corporation and the secretary of all area school boards.

6.

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

That Dan Howard BE APPOINTED as a Voting Member-at-Large on the Community Safety and Crime Prevention Advisory Committee for the term ending February 28, 2015.

7.

Consideration of Appointment to the Cycling Advisory Committee

That Diane Szoller, representative of London Middlesex Road Safety Committee, BE APPOINTED as a Voting Member on the Cycling Advisory Committee for the term ending February 28, 2015.

16th Report of the Corporate Services Committee

Councillor B. Polhill presents.

Motion made by Councillor B. Polhill to Approve clause 1.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

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

10th Report of the Civic Works Committee

Councillor H.L. Usher presents.

Motion made by Councillor H.L. Usher to Approve clauses 1 to 15, exlcuding clauses 3 and 11.

1.

Disclosure of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

5th Report of the Transportation Advisory Committee

That the 5th Report of the Transportation Advisory Committee, from its meeting held on May 6, 2014, BE RECEIVED.

4.

Parking Location Agreement with Community Carshare for Utilizing Municipal Parking Lot Locations

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Parking Location Agreement with Community CarShare for utilizing municipal parking lot locations:

a)         the proposed by-law, appended to the staff report dated May 26, 2014, BE INTRODUCED at the Municipal Council Meeting of June 10, 2014, to approve the Parking Location Agreement with The People’s Car Co-Operative Inc., operating as Community CarShare, with respect to providing six parking spaces for use by the car sharing operation; and,

b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement on the City’s behalf.  (2014-D19/L04)

5.

Contract Award: 2014 Arterial Road Rehabilitation - Contract 2 (Tender No. 14-52)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of a contract for the 2014 Arterial Road Rehabilitation, Contract 2:

a)         the bid submitted by Coco Paving Inc., at its submitted tendered price of $3,324,000.00, excluding HST, for the 2014 Arterial Road Rehabilitation, Contract ‘2’ project, BE ACCEPTED; it being noted that the bid submitted by Coco Paving Inc. was the lowest of three (3) bids received and meets the City’s specifications and requirements in all areas;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 14-52); and,

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-L04)

6.

Single Source Purchase of Pre-Heater Heat Exchanger and Re-Heater Heat Exchanger at Greenway Wastewater Treatment Centre

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the purchase of replacement pre-heater and re-heater heat exchangers at Greenway Wastewater Treatment Centre:

a)         approval hereby BE GIVEN to enter into negotiations for the single source purchase of new pre-heater and re-heater heat exchangers from Alstom Power Inc;

b)         the approval given herein BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with Alstom Power Inc., to the satisfaction of the Managing Director, Environmental and Engineering Services and City Engineer; it being noted that there will not be sufficient time to adhere to the normal Committee and Council contract approval process due to escalating steel commodity prices resulting in limited price guarantees; and,

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

7.

Emergency Repair - Incinerator Reheater

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated May 26, 2014, with respect to the emergency repair of the incinerator exhaust gas re-heater at the Greenway Wastewater Treatment Plant (Project ES5084), BE RECEIVED. (2014-E03)

8.

Appointment of Consulting Engineers - Infrastructure Lifecycle Renewal Program 2015-2016

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of Consulting Engineers for the 2015-2016 Infrastructure Lifecycle Renewal Program:

a)         the following Consulting Engineering firms BE APPOINTED Consulting Engineers for the pre-design and design of the said projects, in the amounts identified below, all including contingency but excluding HST, 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 these consultants shall obtain approval to proceed with subsequent phases of engineering for their projects subject to satisfying all financial, reporting and other conditions contained within this Policy:

i)          Contract 1: AECOM Canada Ltd, in the amount of $327,434.80;

ii)         Contract 2: Dillon Consulting Ltd, in the amount of $447,412.90;

iii)         Contract 3: IBI Group, in the amount of $212,257.10;

iv)        Contract 4: Spriet Associates, in the amount of $309,518.00;

v)         Contract 5: AECOM Canada Ltd, in the amount of $138,590.10;

vi)        Contract 6: Archibald, Gray & McKay Engineering, in the amount of $275,709.50;

vii)       Contract 7: R.V. Anderson Associates Limited, in the amount of $166,375.00;

viii)       Contract A: Archibald, Gray & McKay Engineering Limited, in the amount of $471,680.00; and,

ix)        Contract B: Spriet Associates, in the amount of $315,617.50; and,

b)         the financing for design of the projects identified in a), above, BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with each Consultant for the respective project; and,

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

9.

Appointment of Consulting Engineer for Inspection, Contract Administration and Engineering Services Associated with the Construction of 2014 Infrastructure Lifecycle Renewal Project: Contract #5 Second Street

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a Consulting Engineer for the 2014 Infrastructure Lifecycle Renewal Project; Contract #5: Second Street:

a)         Stantec Consulting Ltd. (Stantec) BE AUTHORIZED to carry out the inspection, contract administration and engineering services, including geotechnical services for the said project, in accordance with the estimate, on file, at an upset amount of $267,960.00, including contingency, excluding HST, 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, noting that this firm completed the engineering design for this project;

b)         the financing for the work identified in a), above, BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

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

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

10.

Contract Award: 2014 Infrastructure Lifecycle Renewal Program Contract 1: Simcoe Street and Henry Street Reconstruction Irregular Result (Tender No. 14-08)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contracts for the 2014 Infrastructure Lifecycle Renewal Program, Contract 1: Simcoe Street and Henry Street Reconstruction Project:

a)          the bid submitted by Tri-Con Excavating Incorporated, at its tendered price of $3,217,385.41, excluding HST, for the 2014 Infrastructure Lifecycle Renewal Program, Contract 1 project, BE ACCEPTED; it being noted that the bid submitted by Tri-Con Excavating Incorporated represents the second lowest compliant bid, third lowest of seven bids received, and meets the City's specifications and requirements in all areas;

b)          Spriet Associates London Limited (Spriet), BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $249,474.50, including contingency and excluding HST, 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; it being noted that this firm completed the engineering design for this project;

c)          minor future additional annual operating costs of $450.00 BE RECOGNIZED as a result of this project; it being noted that these costs are as a result of new infrastructure installation and will be considered and accommodated within future Wastewater and Treatment operating budgets;

d)          the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

f)           the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 14-08); and,

g)          the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-L04)

12.

Dingman Creek No. B-4 SWM Facility Class Environmental Assessment Study Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to appointment of a consulting engineer for Dingman Creek No. B-4 SWM Facility Class Environment Assessment Study:

a)         Delcan Corporation BE APPOINTED to carry out the Dingman Creek No. B-4 SWM Facility Class Environment Assessment Study in the total amount of $215,415.00, the estimated Delcan consulting fees of $195,832.00 plus the City’s contingency of $19,583.00, excluding HST,  in accordance with Section 15.2(d) of the Procurement of Goods and Services Policy;

b)         the Mayor and the City Clerk BE AUTHORIZED to execute an agreement with the Dingman Creek No. B-4 landowner, herein called “the Owner” identified as 2219008 Ontario Limited, which requires the owner to pay the total cost in the amount of $215,415.00, the estimated consulting fees of $195,832.00 plus the City’s contingency of $19,583.00, excluding HST, to engage the consultant to undertake a Dingman Creek No. B-4 SWM Facility Class Environment Assessment Study;

c)         the Mayor and the City Clerk BE AUTHORIZED to execute an agreement with Delcan Corporation for the Dingman Creek No. B-4 SWM Facility Class Environment Assessment Study; it being noted that the City will be a proponent of this Class EA in partnership with the landowners;

d)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

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

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

13.

Dingman Creek/North Lambeth No. P9 SWM Facility Class Environmental Assessment Study Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to appointment of a consulting engineer for the Dingman Creek/North Lambeth No. P9 SWM Facility Class Environmental Assessment Study:

a)         Stantec Consulting Limited BE APPOINTED to carry out the Dingman Creek/North Lambeth No. P9 SWM Facility Class Environmental Assessment Study in the total amount of $183,948.00, the estimated Stantec consulting fees of $167,226.00 plus the City’s contingency of $16,722.00, excluding HST; in accordance with Section 15.2(d) of the Procurement of Goods and Services Policy;

b)         the Mayor and the City Clerk BE AUTHORIZED to execute an agreement with the Dingman Creek/North Lambeth No. P9 landowners, herein called “the Owner” identified as Colonel Talbot Developments Inc., which requires the owner to pay the total cost in the amount of $183,948.00, the estimated consulting fees of $167,226.00 plus the City’s contingency of $16,722.00, excluding HST, to engage the consultant to undertake the Dingman Creek/North Lambeth No. P9 SWM Facility Class Environmental Assessment Study;

c)         the Mayor and the City Clerk BE AUTHORIZED to execute an agreement with Stantec Consulting Limited for the Dingman Creek/North Lambeth No. P9 SWM Facility Class Environmental Assessment Study; it being noted that the City will be the proponent in this Class EA in partnership with the landowners;

d)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

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

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

14.

Blackfriars Bridge Environmental Assessment Appointment of Consulting Engineer

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the Blackfriars Bridge Environmental Assessment Study:

a)         Dillon Consulting Limited BE APPOINTED Consulting Engineers to complete the Environmental Assessment Study, in the amount of $194,564.70, excluding HST, in accordance with Section 15.2 (e) of the Procurement of Goods and Services Policy;

b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 26, 2014;

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

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

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-A05/D14)

15.

Execution of Contribution Amending Agreements with Each of the Government of Canada and the Government of Ontario for the HELP Clean Water Intiative

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated May 26, 2014 BE INTRODUCED at the Municipal Council meeting of June 10, 2014, to authorize the execution of a Contribution Amending Agreements for the HELP Clean Water initiative with each of the Government of Canada and the Government of Ontario by The Corporation of the City of London, on its own behalf and on behalf of the Lake Huron Primary Water Supply System and the Elgin Area Primary Water Supply System in the City's capacity as Administering Municipality, as authorized by the respective Board of Management. 

3.

Fox Hollow SWM Facility No. 1 - Increase in Contract Value (ES3020-FH1)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Fox Hollow SWM Facility No. 1 – South Cell and Woodlot Berm clay cut-off wall works:

a)         the Fox Hollow No. 1 SWM Facility – South Cell and Woodlot Berm (Tender T13-77) contract value with Bre-Ex Limited BE INCREASED by $502,202.00 to an upset limit of $2,417,312.00, excluding HST, in accordance with Section 20.3 (e) of the Procurement of Goods and Services Policy;

b)         the consulting fees for Stantec Consulting Ltd. BE INCREASED by $63,931.00 to a new upset limit of $1,817,342.50, excluding HST, in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy due to additional design, tender and contract preparation and administration works associated with the storm/drainage and stormwater management servicing works in the Fox Hollow Development Area; 

c)         the financing for the project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated May 26, 2014; and,

d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2014-L04)

Motion Passed

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

NAYS: J.L. Baechler, J.P. Bryant (2)

11.

Mud Creek Subwatershed

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Mud Creek Subwatershed Study Update for Water Resources components under Climate Change conditions:

a)         the Mud Creek Subwatershed Study (MCSS) Update for Water Resources components under the Climate Change Conditions BE ACCEPTED;

b)         alternative 1 BE APPROVED as the preferred alternative for the proposed Subwatershed Mitigation and Implementation Strategies Plan  in the MCSS Update; it being noted that this includes the following recommendations:

i)          peak flow controls on lands with future land use change;

ii)         70% TSS removal in accordance with the Ministry of the Environment guidelines;

iii)         improvements to the Mud Creek morphology by sediment removal in the middle reaches, bank treatments in the lower reaches and channel stabilization in the upper reaches;

iv)        implementation of the proposed Regional SWM servicing works and Private Permanent Systems (PPS);

v)         review and development of City policy for property and existing infrastructure within flood risk areas;

vi)        structural inspection of the CNR culvert by CNR to assess the feasibility of structural lining;

vii)       management of stormwater flows north of the CP railway line;

viii)       cleaning of sediment from the culverts and connecting storm sewers;

ix)        a Municipal Class Environmental Assessment (EA) study undertaken for the proposed applicable remediation and servicing works; and,

x)         updates to monitoring programs; and,

c)         the consulting fees for Delcan Corporation BE INCREASED by $35,000.00 to a new upset limit of $235,622.40, excluding HST, in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy due to supplementary assessments of the existing flood reductions and risk assessment for Oxford Street, the attendance and preparation for information/progress meetings with the UTRCA and various City’s department/divisions. 

it being noted that the Civic Works Committee reviewed and received a communication dated May 9, 2014, from Aird and Berlis, LLP, with respect to this matter.  (2014-E20)

Motion made by Councillor H.L. Usher and seconded by Councillor S. Orser to Approve That clause 11 be deleted in its entirety and be replaced with the following new clause 11:

That, on the recommendation of the Managing Director Environmental & Engineering Services and City Engineer, the following actions be taken with respect to the Mud Creek Subwatershed Study Update for Water Resources components under Climate Change conditions:

a)         the Mud Creek Subwatershed Study (MCSS) Update for Water Resources components under the Climate Change Conditions BE RECEIVED;

b)         the proposed subwatershed mitigation strategies in the MCSS Update BE CONSIDERED as potential alternatives in a Municipal Class Environmental Assessment (EA) study for applicable remediation and servicing works; and

c)        the consulting fees for Delcan Corporation BE INCREASED by $35,000 to a new upset limit of $235,622.40 (excluding HST) in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy due to supplementary assessments of the existing flood reductions and risk assessment for Oxford Street, the attendance and preparation for information/progress meetings with the UTRCA and various City’s department/divisions;

it being noted that the Civic Works Committee reviewed and received a communication dated May 9, 2014, from Aird and Berlis, LLP, with respect to this matter.

Motion Passed

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

NAYS: D.G. Henderson (1)

Motion made by Councillor H.L. Usher and seconded by Councillor B. Polhill to Approve clause 11, as amended.

Motion Passed

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

NAYS: D.G. Henderson (1)

10th Report of the Planning and Environment Committee

Councillor J.L. Baechler presents. 

Motion made by Councillor J.L. Baechler to Approve clauses 1 to 16.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

6th Report of the Advisory Committee on the Environment

That the 6th Report of the Advisory Committee on the Environment from its meeting held on May 7, 2014 BE RECEIVED.

3.

6th Report of the Environmental and Ecological Planning Advisory Committee

That the 6th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on May 15, 2014 BE RECEIVED.

4.

Properties located at 1183, 1191, 1199 and 1205 Westdel Bourne (H-8347)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Thomson Mahoney Delorey, relating to the properties located at 1183, 1191, 1199 and 1205 Westdel Bourne, the proposed by-law, as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Residential R1 Special Provision (h-124•R1-11(15)) Zone TO a Residential R1 Special Provision (R1-11(15)) Zone.   (2014-D14)

5.

Property located at 1128 Fanshawe Park Road West

That, on the recommendation of the Senior Planner, Development Services, based on the application of Drewlo Holdings Inc., relating to the property located at 1128 Fanshawe Park Road West, the proposed by-law, as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 1128 Fanshawe Park Road West FROM a Holding Residential R1 Special Provision (h*R1-3 (4)) Zone, a Holding Residential R1 Special Provision (h*R1-4 (17)) Zone and a Holding Residential R1 Special Provision (h*R1-13 (3)) Zone TO a Residential R1 Special Provision (R1-3 (4)) Zone, a Residential R1 Special Provision (R1-4 (17)) Zone and a Residential R1 Special Provision (R1-13 (3)) Zone to remove the h* holding provision.  (2014-D14)

6.

Property located on the north side of Bradley Avenue between Jackson Road and Meadowgate Boulevard - Request for Extension of Draft Approval (39T-07508)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the request for extension to the Draft Plan Approval  application of Greengate Village Limited, relating to the property located on the north side of Bradley Avenue, between Jackson Road and Meadowgate Boulevard, legally described as Part of Lots 13 and 14, Concession 1 (geographic Township of Westminster) and Part of Asima Drive and Part of Block 116 and all of Lots 60 to 73, both inclusive, and all of Lots 113 and 114 on Plan 33M-533:

a)         the Approval Authority BE REQUESTED to approve a three (3) year extension to the Draft Plan Approval for the residential plan of subdivision File No. 39T-07508, as red-line amended, SUBJECT TO the revised conditions as appended to the staff report dated May 27, 2014, as Schedule “A” 39T-07508; and,

b)         the financing for the project BE APPROVED in accordance with the "Related Estimated Costs and Revenues" as appended to the associated staff report dated May 27, 2014, as Schedule “B” 39T-07508.  (2014-D12)

7.

Special Provisions - Claybar Subdivision - Phase 3 (39T-04503-3)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Claybar Developments Inc., for the subdivision of land over Part of Lot 23, Concession 5, City of London, (County of Middlesex), situated on the north side of Tokala Trail, west of Aldersbrook Gate and north of Fanshawe Park Road West:

a)         the Special Provisions, as appended as Schedule “C” to the staff report dated May 27, 2014, to be contained in a Subdivision Agreement between The Corporation of the City of London and Claybar Developments Inc., for the Claybar (Phase 3) Subdivision (39T-04503-3) BE APPROVED;

b)         the financing for this project BE APPROVED in accordance with the "Related Costs and Revenues" appended as Schedule "B" to the staff report, dated May 27, 2014; and,

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all related documents required to fulfill its conditions.    (2014-D12)

8.

Special Provisions - White Oaks Subdivision - Phase 3C (39T-02502-3C)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Banman Developments (Legendary) Inc., for the subdivision of land over Lot 32, Concession 2, (Geographic Township of Westminster), now in the City of London, County of Middlesex:

a)         the Special Provisions, as appended as Schedule “C” to the staff report dated May 27, 2014, to be contained in a Subdivision Agreement between The Corporation of the City of London and for the Banman Developments (Legendary) Inc., for the (Phase 3C) Subdivision (39T-02502-3C) BE APPROVED;

b)         the financing for this report BE APPROVED in accordance with the "Related Costs and Revenues" appended as Schedule “B” to the staff report, dated May 27, 2014; and,

c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all related documents required to fulfill its conditions.   (2014-D12)

9.

Building Division Monthly Report for April 2014

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

10.

6th Report of the London Advisory Committee on Heritage

The following actions be taken with respect to the 6th Report of the London Advisory Committee on Heritage from its meeting held on May 14, 2014:  

a)       on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of M. Vogelsang requesting permission for a rear addition to the designated heritage property located at 799 Lorne Avenue BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed addition; it being further noted that the London Advisory Committee on Heritage heard a verbal delegation from M. Vogelsang and P. Malloy-Smith, with respect to this matter;

b)       on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of Christopher and Suneela Mayberry requesting permission for an addition, and an alteration to, the designated heritage property located at 5 Paddington Avenue BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed addition of solar panels and the use of steel as a roofing material and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is negligible; it being further noted that the London Advisory Committee on Heritage (LACH) indicated that the colour of the solar panels framework should closely match the colour of the steel roof; it being also noted that the LACH heard a verbal delegation from Mr. Mayberry with respect to this matter;

c)       on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of the City of London requesting permission for the removal of a designated structure located at 275 Thames Street BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed removal and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation is consistent with the long term conservation of the structure; it being further noted that the London Advisory Committee on Heritage (LACH) has been consulted on this matter; it being also noted that the LACH reviewed and received a communication dated June 19, 2013, from M. Chan, Minister, Ministry of Tourism Culture and Sport, with respect to the City of London’s efforts to protect 275 Thames Street from demolition;

d)       the City’s Planning Approval Authority BE REQUESTED to meet with a representative of the London Advisory Committee on Heritage (LACH) to discuss the recommended responses to the Streamlined Approach to Archaeological Report Review (November 2012), and that the above-noted responses BE FORWARDED to the Ministry of Tourism, Culture and Sport, Culture Division, Programs and Services Branch, Archaeology Programs Unit;

e)         the following actions be taken with respect to the correspondence dated April 24, 2014, from S. Eden, Development Coordinator, York Development Group, with respect to the intent to demolish the property located at 491 Southdale Road West:

i)          the Civic Administration BE ADVISED the London Advisory Committee on Heritage (LACH) expressed regret for the loss of a heritage resource located at 491 Southdale Road West, but does not recommend designation; and,

ii)         the property owners BE REQUESTED to salvage the identified heritage features wherever possible;

 f)       that clauses 6 to 13, inclusive, of the 6th Report of the LACH BE RECEIVED;

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

11.

Properties located at 360 Crumlin Sideroad and 3301 and 3345 Gore Road (OZ-8188)

That, on the recommendation of the Managing Director, Planning and City Planner, and further to the direction of the Ontario Municipal Board, with respect to the lands located at 360 Crumlin Road, the following actions be taken with respect to the application of Chris Havaris, relating to the property located at 360 Crumlin Sideroad and the properties located at 3301 and 3345 Gore Road:

a)         the proposed by-law, as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to amend the Official Plan TO add a Specific Area Policy under Chapter 10.1.3 of the Official Plan;

b)         the proposed by-law , as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property FROM an Agricultural (AG1) Zone TO Holding Agricultural Special Provision (h-_•AG1(_)) Zone (3345 Gore Road) and FROM a Residential R1 (R1-17) Zone TO a Residential R1 Special Provision (R1-16(_)) Zone (360 Crumlin Sideroad) and FROM an Agricultural/Holding Open Space/Residential R1 (AG1/h-2•OS4/R1-17) Zone TO an Open Space (OS4) Zone (3301 Gore Road);

c)         consistent with Policy 19.1.1. of the Official Plan, the subject lands, representing a portion of 3301 Gore Road, BE INTERPRETED to be located within the Open Space Designation; and,

d)         pursuant to Section 34(17) of the Planning Act, R.S.O. 1990, C.P. 13, as amended, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as:

i)          the change in zone boundaries for the lands being dedicated to the City at 3301 Gore Road is minor in nature and mirrors the new lot boundaries which were created through a consent application for the purposes of parkland dedication; and,

ii)         public uses, such as parks, are permitted in all zones therefore no new uses are being introduced;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-D14)

12.

Property located at 1565 North Routledge Park (Z-8338)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of City of London relating to the property located at 1565 North Routledge Park, the proposed by-law, as appended to the staff report dated May 27, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial Special Provision (LI1(3)) Zone, TO a Light Industrial Special Provision (LI1(3)/LI3) Zone;

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.   (2014-D14)

13.

Hyde Park Industrial Area (O-8340)

That, the application of the City of London, relating to properties in the Light Industrial designation located  on the west side of Hyde Park Road, between Gainsborough Road and Fanshawe Park Road West, BE REFERRED back to the Civic Administration to recirculate the notice and to report back at a future public participation meeting of the Planning and Environment Committee;

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.   (2014-D08)

14.

Properties located at 283 and 283/ South Street - Demolition Request

That, on the recommendation of the Managing Director, Planning and City Planner, relating to the request for the demolition of the heritage structures located at 283 and 283/ South Street, the Chief Building Official BE ADVISED that Municipal Council does not intend to issue a notice of intent to designate this property under the Ontario Heritage Act; it being noted that the London Advisory Committee on Heritage has been consulted regarding this request to demolish;

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.    (2014-P10D)

15.

Property located at 491 Southdale Road West - Demolition Request

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, relating to the request for the demolition of the property located at 491 Southdale Road West, the Chief Building Official BE ADVISED that the Municipal Council does not intend to issue a notice of intent to designate the property located at 491 Southdale Road under Section 29 of the Ontario Heritage Act; it being noted that the London Advisory Committee on Heritage has been consulted with respect to this request for demolition;

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2014-P10D)

16.

Property located at 69 Trevithen Street

That the Civic Administration BE REQUESTED to determine the feasibility of saving the trees on the property located at 69 Trevithen Street.

11th Report of the Planning and Environment Committee

Councillor J.L. Baechler presents. 

Motion made by Councillor J.L. Baechler to Approve clauses 1 to 9, excluding clause 8.

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.

Properties located at 2155 and 2253 Richmond Street - (39T-04513)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the request for extension and revisions to the Draft Plan of Subdivision application of Auburn Developments Inc., for the property located at 2155 and 2253 Richmond Street:

a)         the Approval Authority BE ADVISED that the Municipal Council supports the proposed revisions to the draft plan and the request for a three (3) year extension of the draft plan of subdivision approval for the draft plan submitted by Auburn Developments Inc.(File 39T-04513), prepared by Stantec Consulting Inc., certified by Jeremy C. E. Matthews O.L.S.,  (File No. 39T-04513), drawing no. DP- 110126dwg, as redline amended,  which shows a total of 138 single detached lots, one (1) single detached block, six (6) multi-family medium density residential blocks, two (2) multi-family high density residential blocks, one (1) commercial block, two (2) park blocks, three (3) open space blocks, three (3) stormwater management blocks, a road widening block and several reserve blocks, served by nine (9) new streets, SUBJECT TO the revised conditions appended to the staff report dated June 3, 2014, as Appendix “39T-04513”; and,

b)         the financing for this project BE APPROVED in accordance with the "Related Estimated Costs and Revenues" as appended to the staff report dated June 3, 2014, as Appendix “A”.    (2014-D12)

3.

Victoria on the River Subdivision (39T-09502)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivisions of land over Part of Lots 8 and 9, Broken Front Concession B, and Part of Lots 8 and 9, Concession 1 and Part of The Road Allowance between Concession 1 and Broken Front Concession “B” (Geographic Township of Westminster), City of London, County of Middlesex, situated on the north side of Commissioners Road East, west of Hamilton Road, municipally known as 1603 Hamilton Road:

a)         the Special Provisions, as appended as Schedule “D” to the staff report dated June 3, 2014, to be contained in a Subdivision Agreement between The Corporation of the City of London and  Sifton Properties Limited, for the Victoria on the River Subdivision (39T-09502), BE APPROVED;

b)         the financing for this project BE APPROVED in accordance with the "Related Costs and Revenues" appended as Schedule “B” to the staff report dated June 3, 2014;

c)         the financing for this project BE APPROVED in accordance with the "Sources of Financing Report" appended as Schedule “A” to the staff report dated June 3, 2014; and,

d)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2014-D12)

4.

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

That the following actions be taken with respect to the application by Insites Consulting, on behalf of Ethan Gagie and John Sheardon, for the properties known as 218 Burnside Drive and 220-222 Burnside Drive:

a)         the above-noted application to rezone the subject properties FROM a Residential R2 (R2-2) Zone TO a Residential R2 Special Provisions (R2-2 (_) Zone, to permit single detached, semi-detached, duplex, and converted dwellings (maximum of 3 dwelling units), and to permit front yard parking in a parking configuration where each spot may not be independently accessible, BE APPROVED;

b)         the Civic Administration BE DIRECTED to bring forward to a future meeting of the Planning Environment Committee meeting, a proposed by-law to implement a), above; and,

c)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as the proposed by-law will reflect the provisions as set out in the Notice of Application and Notice of Public Meeting;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-D14)

5.

Urban Forest Strategy and Implementation Plan - Keeping the Forest in the Forest City

That, the Urban Forest Strategy and Implementation Plan, recognizing the importance of the urban forest to the quality of life in London BE REFERRED back to the Civic Administration to report back within two months with respect to the following:

a)         incorporating the comments provided at the public participation meeting;

b)         increasing the 20 and 50 year targets;

c)         asking the Province to allow the City of London to debenture the planting of trees;

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.  (2014-E04)

6.

Industrial Lands Community Improvement Plan and Official Plan Amendment (O-8318)

That, further to the direction of Municipal Council, the following actions be taken with respect to a Community Improvement Plan for Industrial land uses:

a)         the proposed by-law, as appended to the staff report dated June 3, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to designate all lands within the City, including lands outside the Urban Growth Boundary, as a community improvement project area for industrial land uses;

b)         the proposed attached revised by-law, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to adopt the Industrial Lands Community Improvement Plan for the City of London;

c)         the proposed by-law, as appended to the staff report dated June 3, 2014, BE INTRODUCED at the Municipal Council meeting to be held on June 10, 2014, to amend the following sections of Chapter 14 – Community Improvement Policies of the Official Plan:

i)          Section 14.2.2 iii) (d) (Designation of Community Improvement Project Areas) to include all lands within the Urban Growth Boundary as being an eligible industrial area for community improvement;

ii)         delete Section 14.2.2.iv) (b) Special Study Area;

iii)         Section 14.2.2.iv) (c) Airport Area by re-numbering to policy 14.2.2.iv (b)

iv)        Section 14.2.3.iii) to add phasing consideration for lands deemed by Council to be worthy of consideration to promote environmental, social and community economic development;

v)         Section 14.3.3 (Industrial) to include the provision of financial incentives, land acquisition, or other programs and policies to encourage industrial development in designated Community Improvement Project Areas; and,

vi)        Section 14.3.4 (Other Implementation Measures) to include new programs or policies as methods of assisting in the implementation of community improvement;

d)         the Development Charges Grant Program described in the Industrial Lands Community Improvement Plan, as appended as Schedule 2 to the staff report dated June 3, 2014, and the Industrial Development Charges Grant – Incentive Program Guidelines, as appended as Schedule 3 to the staff report dated June 3, 2014, BE APPROVED and the program be implemented effective January 1, 2015; it being noted that a 100% exemption for industrial development charges will remain in place until January 1, 2015 under the Development Charges By-law;

e)         the Industrial Corridor Enhancement Grant Program described in the Industrial Lands Community Improvement Plan, as appended as Schedule 2 to the staff report dated June 3, 2014, and the Industrial Corridor Enhancement Grant Program – Incentive Program Guidelines, as appended as Schedule 4 to the staff report dated June 3, 2014, BE APPROVED and that the program be implemented, effective January 1, 2015, not to exceed $250,000 per year and BE SUBJECT to 2015 budget approval; and,

f)         the Civic Administration BE DIRECTED to monitor the Industrial Community Improvement Plan programs and report back annually regarding program results; it being noted that the annual monitoring of programs may include, but is not limited to, the number of applicants, the value of projects, the number of jobs created and acres of land developed and redeveloped;

it being pointed out that the Planning and Environment Committee reviewed and received a communication, dated April 30, 2014, from K. McClure, Planner, Ministry of Municipal Affairs and Housing, with respect to this matter;

it being pointed out that at the public participation meeting associated with this matter, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.

7.

Property located at 313 Clarke Road (OZ-8300)

That, the application of St. Leonard’s Community Services relating to the property located at 313 Clarke Road BE REFUSED for the following reasons:

a)         the application reflects an adverse impact on the subject property;

b)         the intensity of the proposed use, particularly the number of residents and the number of parking spaces required, is not compatible with the neighbourhood;

it being pointed out that the Planning and Environment Committee reviewed and received the following communications with respect to this matter:

•           a communication dated May 6, 2014, from R. Knutson, Knutson Development Consultants Inc.;

•           a communication dated May 22, 2014, from A.R. Patton, Patton Cormier & Associates; and,

•           a communication dated May 29, 2014, from L. Davis, Clarke/Churchill Resident’s Group;

it being also pointed out that the Planning and Environment Committee heard delegations from R. Knutson, Knutson Development Consultants Inc. and L. Davis, Clarke/Churchill Resident’s Group, with respect to this matter.  (2014-D14)

9.

Storage Units and Non-Permanent Structures

That the Civic Administration BE REQUESTED to investigate and report back to the Planning and Environment Committee on the banning of storage containers and non-permanent structures in residential rear yards.

8.

Chelsea Green Subdivision (formerly Terrace Street Subdivision) (39T-02511)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the subdivisions of land over Part of Blocks A, B and C, Part of Terrace Street (Closed by By-law No. 8865-28, Inst. No. CB225), Registered Plan No. 437(C), All of Lots 1 to 12 (both inclusive), all of Block W and Part of Block R, Registered Plan No. 500 (amended by order No. EL34037), in the former Township of Westminster, now in the City of London, County of Middlesex, situated at the west limit of Terrace Street, west of Adelaide Street South:

a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the approval of the attached, revised, Special Provisions, which are to be contained in a Subdivision Agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the Chelsea Green Subdivision (39T-02511);

b)         the financing for this project BE APPROVED in accordance with the "Related Costs and Revenues" appended as Schedule “B” to the staff report dated June 3, 2014;

c)         the financing for this project BE APPROVED in accordance with the "Sources of Financing Report" appended as Schedule “A” to the staff report dated June 3, 2014; and,

d)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions;

it being pointed out that the Planning and Environment Committee reviewed and received the attached communication and heard a delegation from R. Dykstra, Ricor Engineering Ltd., with respect to this matter.    (2014-D12)

Motion made by Councillor J.L. Baechler and seconded by Councillor B. Polhill to Approve Clause 8 BE REFERRED back to the Civic Administration for further discussion with the applicant and a report back at a future meeting of the Planning and Environment Committee. Clause 8 reads as follows:

“That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the subdivisions of land over Part of Blocks A, B and C, Part of Terrace Street (Closed by By-law No. 8865-28, Inst. No. CB225), Registered Plan No. 437(C), All of Lots 1 to 12 (both inclusive), all of Block W and Part of Block R, Registered Plan No. 500 (amended by order No. EL34037), in the former Township of Westminster, now in the City of London, County of Middlesex, situated at the west limit of Terrace Street, west of Adelaide Street South:

a)         the Ontario Municipal Board BE ADVISED that the Municipal Council supports the approval of the attached, revised, Special Provisions, which are to be contained in a Subdivision Agreement between The Corporation of the City of London and AAR-CON Enterprises Corp., for the Chelsea Green Subdivision (39T-02511);

b)         the financing for this project BE APPROVED in accordance with the "Related Costs and Revenues" appended as Schedule “B” to the staff report dated June 3, 2014;

c)         the financing for this project BE APPROVED in accordance with the "Sources of Financing Report" appended as Schedule “A” to the staff report dated June 3, 2014; and,

d)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions;

it being pointed out that the Planning and Environment Committee reviewed and received the attached communication and heard a delegation from R. Dykstra, Ricor Engineering Ltd., with respect to this matter.    (2014-D12)”

Motion Passed

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

12th Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents.

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

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interest were disclosed.

2.

RETHINK London

That the following actions be taken with respect to the development of a new Official Plan for the City of London:

a)         The London Plan, being a document outlining the proposed general framework for a new Official Plan for the City of London, BE RECEIVED and BE REFERRED a public participation meeting to be held at the June 23, 2014 meeting of the Strategic Priorities and Policy Committee to receive initial comment and feedback on “The London Plan” document; it being noted that the Strategic Priorities and Policy Committee heard the attached presentation from the Managing Director, Planning and City Planner, and the Manager, Urban Design and GIS, with respect to this matter;

b)         the staff report dated May 22, 2014, from the Managing Director, Planning and City Planner, with respect to “ReThink London: A New Official Plan for the City of London”, BE RECEIVED for information; and

c)         the staff report dated May 22, 2014, from the City Solicitor, with respect to the process and legislation under which a new Official Plan is to be adopted, BE RECEIVED for information;

it being noted that statutory meetings under sections 17 and 26 of the Planning Act, for the adoption of a new Official Plan, will follow at a later date; it being further noted that the website for the development of a new Official Plan for the City of London can be found at www.TheLondonPlan.ca, effective May 23, 2014.

13th Report of the Strategic Priorities and Policy Committee

Councillor P. Van Meerbergen presents. 

1.

Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

                        2.         2014 Development Charges By-law

That the following actions be taken with respect to the 2014 Development Charges (DC) By-law and Background Study:

a)         the staff report dated June 9, 2014 regarding the water supply charge, commercial DC rate alternatives and stakeholder comments BE RECEIVED;

b)         the Civic Administration BE DIRECTED to exclude the water supply rate in the DC rates;

c)         the Civic Administration BE DIRECTED to proceed with Alternative #6:  Commercial Rate Phase-in/Subsidy;

d)         the Civic Administration BE DIRECTED to prepare the final DC By-law and Background Study, incorporating b) and c), above, for consideration by the Strategic Priorities and Policy Committee at its meeting to be held on June 23, 2014;

e)         the Civic Administration BE DIRECTED to include, as part of their monthly reporting, a list of those enterprises that benefit from the DC rate reduction; and

f)         it BE NOTED that no further public meeting is required under s. 12 of the Development Charges Act;

it being noted that the Strategic Priorities and Policy Committee heard the attached presentation from the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and S. Mathers, Manager, Development Finance, with respect to this matter.

                                    3.         (ADDED) Bluestone Properties Inc. – Proposed Development Charge Rates Commencing August 4, 2014 Self-Storage Establishments

That the communication dated June 2, 2014, from B. Bierbaum, President & CEO, Bluestone Properties, BE RECEIVED.

Motion Passed

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

Motion Passed

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (9)

NAYS: B. Armstrong, J.L. Baechler, M. Brown, P. Hubert, J.P. Bryant (5)

The motion to Approve part c) of clause 2 is put.

Motion Passed

YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (9)

NAYS: B. Armstrong, J.L. Baechler, M. Brown, P. Hubert, J.P. Bryant (5)

13th Report of the Committee of the Whole

Councillor D. Brown presents. 

Motion made by Councillor D. Brown to Approve clause 1.

1.             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 Manager of Realty Services, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, and the Director of Environment, Fleet and Solid Waste, the following actions be taken with respect to the property at 4025 Manning Drive:

a)         the W12A Landfill Property Value Protection Plan agreement for 4025 Manning Drive BE APPROVED; and

b)         4025 Manning Drive BE PURCHASED by the City, subject to negotiating a fair market value price for the property.

Motion Passed

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

X

DEFERRED MATTERS

XI

ENQUIRIES

Councillor S.E. White enquired, if it would be possible for the Civic Administration to follow up with the London Police Services Board to determine if there are staffing reductions in the Victim Support area and if so, what measures the London Police Services Board is taking to ensure ongoing support to society’s most vulnerable. The Chair referred the enquiry to the Civic Administration to discuss with the London Police Services Board.

Councillor S. Orser enquired about improved pedestrian crossing markings at Belfield Street and Huron Street; noting that a cross-walk is not warranted. The Chair referred the matter to the Civic Administration to consider improved signage and/or markings.

Councillor J.L. Baechler enquired if the London Fanshawe Horticulture Society was no longer being supplied with mulch by the City. Council directs that the mulch be provided.

XII

EMERGENT MOTIONS

1.

(ADDED) Councillor D. Brown - Emergent Motion - Application to Serve on FCM Standing Committee(s)

Motion made by Councillor P. Hubert and seconded by Councillor D. Brown to Approve that 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 serving on the Federation of Canadian Municipalities Standing Committee(s) and meeting attendance.

Motion Passed

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

Motion made by Councillor J.L. Baechler and seconded by Councillor B. Armstrong to Approve that, subject to the approval of the application of Councillor D. Brown to serve on the Federation of Canadian Municipalities (FCM) Standing Committee(s), the following actions be taken:

a)            Councillor D. Brown BE AUTHORIZED to attend:

i)              the FCM Standing Committee meetings of:

·                     September 3-6, 2014 - Saguenay, QC;

·                     November 18-21, 2014 - Ottawa, ON;

·                     March 3-6, 2015 - Burnaby, BC;

ii)          the FCM Annual General Meeting,  June 5-8, 2015 – Edmonton AB, and,

iii)         the Sustainable Communities Conference, February 10-12, 2015 – London, ON; it being noted that all 2015 attendance are subject to the re-election of Councillor D. Brown on October 27, 2014; and,

b)            Councillor D. Brown BE REIMBURSED for associated expenses outside of annual expense allocation subject to the annual budget approval process, and in accordance with Council's Travel & Business Expenses Policy.

Motion Passed

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

Motion made by Councillor P. Hubert and seconded by Councillor D. Brown 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 Councillor Baechler's request to attend September FCM meeting.

Motion Passed

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

Motion made by Councillor P. Hubert and seconded by Councillor D. Brown to Approve that the request of Councillor J.L. Baechler to attend the September 3 - 6, 2014 FCM Standing Committee meeting in Saguenay, QC, BE APPROVED and that Councillor J.L. Baechler BE REIMBURSED for the associated expenses outside of annual expense allocation subject to the annual budget approval process, and in accordance with Council's Travel & Business Expenses Policy, September 3-6, 2014 in Saguenay, QC.

Motion Passed

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

XIII

BY-LAWS

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

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve Introduction and First Reading of Bill No.s 271 to 284 and Bill No.s 288 to 297.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor S. Orser to Approve Second Reading of Bill No.s 271 to 284 and Bill No.s 288 to 297.

Motion Passed

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

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve Third Reading and Enactment of Bill No.s 271 to 284 and Bill No.s 288 to 297.

Motion Passed

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

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

Bill No. 271

By-law No. A.-7115-204

A by-law to confirm the proceedings of the Council Meeting held on the 10^th day of June, 2014. (City Clerk)

Bill No. 272

By-law No. A.-5896(v)-205

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

Bill No. 273

By-law No. A.-7116-206

A By-law to authorize the Managing Director, Housing, Social Services and Dearness Home or designate to execute documents re:  the Dearness Home  with the Local Health Integration Networks (LHIN) or with Her Majesty The Queen in Right of Ontario (Minister of Health and Long-Term Care) and to repeal by-laws A.- 6741-310 and A.-6251-286 and to delete section Section 3 of By-law A.-6938-114 and section 2 of By-law A.-6555-212. (3/12/CPSC)

Bill No. 274

By-law No. A.-7117-207

A by-law to repeal By-law A.-6584-257, as amended, being, “A By-law to delegate to the City of London’s Interim City Manager or City Manager certain of the duties of the Licensee under the Long-Term Care Homes Act, 2007”. (4/12/CPSC)

Bill No. 275

By-law No. A.-7118-208

A by-law to approve and authorize the execution of a Parking Location Agreement with respect to providing six parking spaces for use by the car sharing operation between The People’s Car Co-Operative Inc. (operating as Community CarShare)  and The Corporation of the City of London. (4/10/CWC)

Bill No. 276

By-law No. A.-7119-209

A by-law to approve an amendment to the Municipal Contribution Agreements between The Corporation of the City of London (the City) and Nelms Group Ltd. (the Proponent). (8/12/CPSC)

Bill No. 277

By-law No. A.-7120-210

A by-law to authorize and approve a Municipal Funding Agreement for the transfer of Federal Gas Tax Revenues and to authorize the Mayor and the City Treasurer to execute the Agreement. (2/15/CSC)

Bill No. 278

By-law No. A.-7121-211

A By-law to approve the Ontario Funding Agreement for promotion of 2475 Bonder Road, Innovation Park, Phase IV, as an “Investment Ready: Certified Site” with Her Majesty the Queen in Right of Ontario as represented by the Minister of Economic Development, Trade and Employment; and to authorize the Mayor and the City Clerk to execute the Agreement. (4/15/CSC)

Bill No. 279

By-law No. A.-7122-212

A By-law to exempt from taxation for municipal and school purposes a portion of the multi-residential assessed value of the property at 129 Riverside Drive, in the City of London. (5/15/CSC)

Bill No. 280

By-law No. A.-_7123-213

A By-law to authorize the Mayor and Clerk of the City of London to execute a Contribution Amending Agreement with each of the Government of Canada and the Government of Ontario for the HELP Clean Water initiative. (15/10/CWC)

Bill No. 281

By-law No. C.P.-1284(ui)-214

A by-law to amend the Official Plan for the City of London, 1989 relating to 3345 Gore Road. (11/10/PEC)

Bill No. 282

By-law No. C.P.-1284(uj)-215

A by-law to amend the Official Plan for the City of London, 1989, relating to the Community Improvement Plan for Industrial Land Uses. (6/11/PEC)

Bill No. 283

By-law No. C.P.-1493-216

A by-law to designate all lands within the city as a community improvement project area for industrial land uses. (6/11/PEC)

Bill No. 284

By-law No. C.P.- 1494-217

A by-law to adopt the Community Improvement Plan for Industrial land uses. (6/11/PEC)

Bill No. 285

By-law No. PH-3-14____

REFERRED BACK

A By-law to amend By-law PH-3 entitled, “A by-law to provide for the regulation, restriction and prohibition of the keeping of animals in the City of London”. (7/12/CPSC)

Bill No. 286

By-law No. PH-4-14____

REFERRED BACK

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

(7/12/CPSC)

Bill No. 287

By-law No. PH-5-14___

REFERRED BACK

A By-law to amend By-law PH-5 entitled “A by-law to provide for the Appointment of a Poundkeeper and to regulate the Public Pound” (7/12/CPSC)

Bill No. 288

By-law No. S.-5562-218

A by-law to lay out, constitute, establish and assume certain reserves in the City of London as public highway.  (as widening to Asima Drive). (Chief Surveyor)

Bill No. 289

By-law No. S.-5563-219

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

Bill No. 290

By-law No. S.-5564-220

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

Bill No. 291

By-law No. S.-5564-221

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

Bill No. 292

By-law No. W.-5549(a)-222

A by-law to amend By-law No. W.-5549-52 entitled, “A by-law to authorize the Sunningdale Road Widening Phase 2. (Project No. TS1496-2)” (4/09/CWC)

Bill No. 293

By-law No. Z.-1-142304

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1183, 1191, 1199 and 1205 Westdel Bourne. (4/10/PEC)

Bill No. 294

By-law No. Z.-1-142305

A by-law to amend By-law No. Z.-1 to remove holding provisions from the zoning for a portion of land located at 1128 Fanshawe Park Road West. (5/10/PEC)

Bill No. 295

By-law No. Z.-1-142306

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 360 Crumlin Sideroad, 3301 and 3345 Gore Road. (11/10/PEC)

Bill No. 296

By-law No. Z.-1-142307

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1565 North Routledge Park. (12/10/PEC)

Bill No. 297

By-law No. A.-7124-223

A By-law to authorize a Property Value Protection Plan Agreement between The Corporation of the City of London and Laila Ismail to provide property value protection for the property located at 4025 Manning Drive. (1c/15/CSC)

XIV

ADJOURNMENT