Council - January 10, 2012

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	Council MINUTES
	January 10, 2012

The Council meets in Regular Session in the Council Chambers this day at 5:00 PM.

PRESENT: Mayor J.F. Fontana, Councillors B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White and C. Saunders (City Clerk). ALSO PRESENT: J.A. Fielding, R.L. Fair, M. Hayward, D. Ailles, R. Armistead, J.P. Barber, G. Belch, J. Braam, J. Buchanan, K. Dawtrey, J. Fleming, E. Gamble, B. Krichker, V. McAlea Major, L.M. Rowe, R. Sharpe, J. Taylor, and B. Westlake-Power.
At the beginning of the Meeting all Members are present, except Councillor Branscombe.

I	RECOGNITIONS

His Worship the Mayor presents a plaque for "London's Featured Company" to Manon Hogue representing Diagnostics Biochem Canada Inc.

His Worship the Mayor presents a certificate for "London's Featured Community Organization" to Nick Gifford, President, Tawny Gonzalez, Sports Development and Brendan Best, League Organizer representing the London Ultimate Frisbee Club.

3.	His Worship the Mayor, together with P. McClennan, J. Pryor and T. Squire, present a cheque to Andrew Lockie, Melissa Derbyshire and Barbara Patterson representing The United Way.

II	DISCLOSURES OF PECUNIARY INTEREST

Councillor D. Brown discloses a pecuniary interest in clause 4 of the 2nd Report of the Strategic Priorities and Policy Committee, having to do with the Transportation Master Plan, as it relates to the London Transit Commission, by indicating that her employer has a contract with the London Transit Commission. Councillor D. Brown further discloses a pecuniary interest in the Minutes of the December 6, 2011 Council meeting having to do with the Taxi By-law review, by indicating that her employer operates a taxi and limousine business.

Councillor M. Brown discloses a pecuniary interest in clause 5 of the 2nd Report of the Strategic Priorities and Policy Committee, having to do with the Thames Valley District School Board, by indicating that the Thames Valley District School Board is his employer.

Councillor Polhill discloses a pecuniary interest in clause 20 of the 1st Report of the Planning and Environment Committee, having to do with a decision by the Committee of Adjustment with respect to the property located at 7092 Longwoods Road, by indicating that his son is a member of the Committee of Adjustment.

At 5:15 PM, Councillor N. Branscombe enters the meeting.

III

CONFIRMATION AND SIGNING OF THE MINUTES OF THE SECOND MEETING HELD ON DECEMBER 6, 2011

	Motion made by Councillor P. Van Meerbergen and seconded by Councillor D. Brown to Approve the Minutes of the Second Meeting held on December 6, 2011.
	Motion Passed YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (15)
IV		REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

None.

V	COMMUNICATIONS AND PETITIONS

Motion made by Councillor D. Brown and seconded by Councillor P. Hubert to receive the following communications.

Motion Passed

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

	1.	R. Collins, Hully Gully - Draft Southwest Area Plan (SWAP) - Land Use Plan, Phasing and Servicing Strategy, Transportation Network and Natural Heritage Features Plan (O-7609) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 9 of the 1st Report of the Planning and Environment Committee.)

	2.	Application by the City of London re properties located at 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 17 of the 1st Report of the Planning and Environment Committee.)

a)	L. Thornton, 20 Cherokee Road;

b)	M. Shmukler, 1643 Hillside Drive; and

c)	J. & T. Ashby, E-mail

3.	J. Kennedy, London Development Institute - Storm Sewer to Accommodate Intensification on Richmond Street (Refer to the Planning and Environment Committee Stage for Consideration with Clause 23 of the 1st Report of the Planning and Environment Committee.)

B. Warner, Manager, Realty Services - REPLACEMENT PAGE - Offer from Dancor Forest City Inc. to Purchase Parts 4 and 6, Plan 33R-15731 Forest City Industrial Park (Refer to the Finance and Administrative Services Committee Stage for Consideration with Clause 10 of the 2nd Report of the Finance and Administrative Services Committee - Replaces Schedule "D" of the ~~attached~~ proposed by-law referenced in part b.)

5.	(ADDED) W. Brock, E-mail re East-Southeast Recreation Facility Siting Project (Refer to the Community Services Committee Stage for Consideration with Clause 6 of the 1st Report of the Community Services Committee.)

VI	ADDED REPORTS

The 2nd Report of the Planning and Environment Committee.

VII

REPORTS

1st Report of the Planning and Environment Committee

Councillor Polhill Presents

Members to disclose pecuniary interest(s) related to agenda items, if applicable

Motion made by Councillor B. Polhill to Note that Councillor Polhill disclosed a pecuniary interest in clause 20 of this Report relating to the property located at 7092 Longwoods Road, by indicating that his son is a member of the Committee of Adjustment.

Motion Passed

2.	Amend Zoning By-law Z.-1 to Correct Two Special Provision Zones Numbered in Error - 1311 and 1451 Wharncliffe Road South and 655-685 Fanshawe Park Road West

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner and the City Clerk, the following actions be taken with respect to lands located at 1311 and 1451 Wharncliffe Road South and 655-685 Fanshawe Park Road West:

a) the ~~attached~~ proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 for the purpose of amending the City of London Zoning By-law Z.-1, (in conformity with the Official Plan), to renumber the Special Provision Zone RSC2(10) relating to the property located at 1311 and 1451 Wharncliffe Road South from RSC2(10) to RSC2(11) in order to correct a clerical error; and,

b) the ~~attached~~ proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 for the purpose of amending the City of London Zoning By-law Z.-1, (in conformity with the Official Plan), to renumber the Special Provision Zone RSC4(16) relating to the property located at 655-685 Fanshawe Park Road West from RSC4(16) to RSC4(19) in order to correct a clerical error;

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

• M. Zunti, Sifton Properties Limited, on behalf of the applicant – expressing support for the application.

Motion Passed

3.	MHBC Planning re property located at 1680 Richmond Street

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning, the following actions be taken with respect to the site plan approval application of MHBC Planning relating to the property located at 1680 Richmond Street:

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

b) the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Site Plan application for the revised elevations at 1680 Richmond Street; and,

c) the Approval Authority BE ADVISED that the Municipal Council supports the Development Agreement Clauses proposed in the ~~attached~~ Appendix A;

it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

4.	MHBC Planning re property located at 785 Wonderland Road South

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Development Planning, the following actions be taken with respect to the site plan approval application of MHBC Planning relating to the property located at 785 Wonderland Road South:

b) the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Site Plan application for the revised elevations at 785 Wonderland Road South; and,

c) the Approval Authority BE ADVISED that the Municipal Council supports the Development Agreement Clauses proposed in the ~~attached~~ Appendix A;

it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

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

5.	Finch Chevrolet Cadillac Buick Ltd. re property located at 530 Oxford Street West (Z-7969)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, with respect to the application of Finch Chevrolet Cadillac Buick GMC Ltd., relating to the property located at 530 Oxford Street West, the ~~attached~~ proposed by-law (Appendix "A") BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Community Shopping Area (CSA4) Zone which permits a range of community scale, commercial retail and service uses and some office uses, TO a Community Shopping Area/Temporary Use (CSA4/T-__) Zone to permit the same range of uses, and an automobile sales and service establishment related to the permanent automobile sales and service establishment located at 640 Wonderland Road North, on a temporary basis for a period of 18 months;

it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.

Motion Passed

6.	Wortley Village - Old South - Heritage Conservation District Study

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the proposed Wortley Village-Old South Heritage Conservation District:

a) the Final Draft Study Report of the Wortley Village Heritage Conservation District, November 2011 BE RECEIVED ; and,

b) Phase 2 of the Wortley Village-Old South Conservation District Study BE INITIATED to select consultants to prepare Official Plan policies, a District Plan and Conservation Guidelines and any appropriate programs, to be used upon the designation of the area as a Heritage Conservation District under Section 41 (Part V) of the Ontario Heritage Act;

it being noted that:

i) the proposed boundaries have been expanded since the initiation of the Study;

ii) further consultation is to be held with the London Advisory Committee on Heritage and the local community, prior to a public participation meeting being held before the Planning and Environment Committee to consider the By-law to establish a Heritage Conservation District;

iii) funding for Phase 2 was approved as part of the 2011 capital budget; and,

iv) the Advisory Committee on Heritage has been consulted with and is in support of the initiation of Phase 2 of the Study, with the suggested revised boundaries.

Motion Passed

7.	Downtown Master Plan - Downtown Heritage Conservation District Plan

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the draft Downtown Heritage Conservation District Plan BE CIRCULATED to the public, landowners, agencies and the London Advisory Committee on Heritage for review and comment prior to finalization and the holding of a public participation meeting.

Motion Passed

8.	Official Plan Review

Motion made by Councillor B. Polhill to Approve that, the following information regarding the Official Plan Review BE RECEIVED:

a) an information report from the Director, Land Use Planning and City Planner with respect to the draft Request for Proposal for the public engagement program;

b) an information report from the Director, Land Use Planning and City Planner with respect to the public feedback on the draft Terms of Reference; and,

c) a communication from S. Farhi, Farhi Holdings Corporation. The PEC referred the communication to the Civic Administration for further consideration;

it being noted that a report will be provided to a future meeting of the Strategic Priorities & Policy Committee, with respect to this matter;

it being further noted that a public “drop-in” open house is being held on December 13, 2011; and, that the Civic Administration will be reporting at the January 30, 2012 statutory public participation meeting before the Strategic Priorities & Policy Committee regarding the modifications to the Terms of Reference, in response to the feedback received from the general public, municipal departments and review agencies.

Motion Passed

9.	Draft Southwest Area Plan (SWAP) - Land Use Plan, Phasing and Servicing Strategy, Transportation Network and Natural Heritage Features Plan (O-7609)

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, the Civic Administration BE ASKED to prepare a second concept of the Southwest Area Plan (SWAP) for public review, showing greater focus of retail and commercial uses on the Wonderland Road corridor;

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

• R. Zelinka, Zelinka Priamo Ltd., dated December 9, 2011;

• C.M. Weibe, MHBC Planning, dated December 9, 2011;

• C.M. Weibe, MHBC Planning, dated December 8, 2011;

• A. Soufan, York Developments, dated December 10, 2011; and

• R. Collins, Hully Gully, dated December 9, 2011.

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to refer clause 9 back to come up with a motion to circulate both the staff recommended concept and a second concept.

At the request of the mover and the seconder, and with the consent of Council, the motion to refer clause 9 is withdrawn.

Motion made by Councillor J.L. Baechler and seconded by Councillor N. Branscombe to amend clause 9, by deleting the clause in its entirety and replacing it with the following new clause 9:

That on the recommendation of the Director, Land Use Planning and City Planner, the following report in response to Council’s request for further review and evaluation of the Southwest Area Plan (SWAP) preferred land use plan, phasing and servicing strategy, transportation network, and natural heritage features, BE RECEIVED for information; and the following actions be taken on the draft review SWAP:

a) the SWAP report (December 2011), BE RECEIVED for information and circulated to members of the public, landowners and stakeholder groups for input, noting that the December 2011 Area Plan report will be available and posted by the week of December 19, 2011;

b) a second concept of the SWAP which shows greater focus on retail and commercial uses on Wonderland Road corridor BE CIRCULATED, along with the report noted in (a) above; and

c) the Official Plan Amendment to adopted the SWAP BE INTRODUCED at a public participation meeting of Planning and Environment Committee to be scheduled for April 2012.

Motion to Approve part b) is put.

Motion Passed

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

NAYS: W.J. Armstrong, J.L. Baechler, N. Branscombe, M. Brown, H.L. Usher, J.P. Bryant. (6)

Motion to Approve parts a) and c) is put.

Motion Passed

Clause 9, as amended, reads as follows:

b) a second concept of the SWAP which shows greater focus on retail and commercial uses on Wonderland Road corridor BE CIRCULATED, along with the report noted in (a) above; and

c) the Official Plan Amendment to adopted the SWAP BE INTRODUCED at a public participation meeting of Planning and Environment Committee to be scheduled for April 2012.

10.	Urban Design Guidelines

a) the Draft Urban Design Guidelines BE CIRCULATED for comment to the London Development Institute, the Urban League, the London Homebuilders Association, London area planning consultants, London area landscape architects and urban designers, London Transit Commission, the London Advisory Committee on Heritage, the Environmental and Ecological Planning Advisory Committee, the City’s Utility Coordinating Committee and the Urban Design Peer Review Panel; and,

b) the Civic Administration BE ASKED to provide examples of projects to demonstrate how the Urban Design Guidelines have been applied.

Motion Passed

Councillor Orser leaves the meeting.

11.	Application by Duo Building Ltd. re property located at 90 Central Avenue

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Development Planning, the following actions be taken with respect to the site plan approval application of Duo Building Limited relating to the property located at 90 Central Avenue:

b) the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Site Plan application for an ~~attached~~ addition to the existing four-unit converted dwelling (for a total of 5 residential units); and,

c) the applicant BE ADVISED that the Director, Development Finance, has projected the claims and revenues related to this development as outlined on the ~~attached~~ (Schedule “A”).

Motion Passed

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

12.	LHSC South Street Hospital Complex - Heritage Issues

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Director, Land Use Planning and City Planner, the report relating to heritage matters at the London Health Sciences Centre South Street Hospital Complex BE REFERRED to the Civic Administration for further consideration and to report back at a public participation meeting to be held on January 16, 2012.

Motion Passed

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

13.	Lighting - Your Storage Team - 715 Fanshawe Park Road

Motion made by Councillor B. Polhill to Approve that, the Civic Administration BE DIRECTED to hold a meeting with representatives of the community and representatives of Your Storage Team to find measures to mitigate the concerns expressed by adjacent properties with respect to lighting at 715 Fanshawe Park Road;

it being noted that the Planning and Environment Committee heard verbal presentations and reviewed and received the following communications with respect to this matter:

• Councillor M. Brown, dated December 2, 2011;

• D. McKinnon, dated November 28 and December 2, 2011; and

• M. Harvey, Manager, Conference Services, The University of Western Ontario, dated December 2, 2011;

it being further noted that the Planning and Environment Committee reviewed and received a communication, dated December 4, 2011, from D. Ionescu, with respect to this matter.

Motion Passed

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

14.	10th Report of the Trees and Forests Advisory Committee

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Trees and Forests Advisory Committee (TFAC), the following actions be taken with respect to the Forestry Strategic Review and the Street Tree Wait List:

a) the Civic Administration BE REQUESTED to develop a reporting framework related to the implementation process of the Forestry Strategic Review; and,

b) the Civic Administration BE REQUESTED to provide an update to the TFAC, with respect to the Forestry Strategic Review priorities established for the next 12 months;

it being noted that the TFAC received a draft Request for Proposal (RFP) from S. Rowland, Urban Forestry Planner, with respect to the Forestry Strategic Review. The TFAC provided comments and suggestions for Civic Administration’s consideration; it being noted that the TFAC appointed B. Sheill to represent the TFAC on the RFP review team and asked that Ms. Rowland be included as a member, as well;

c) the Civic Administration BE REQUESTED to report back to the Trees and Forests Advisory Committee (TFAC) with details of the current wait-time for homeowners to receive a tree following the submission of a request; and,

d) that clauses 3 through 5, inclusive of the 10th Report of the Trees and Forests Advisory Committee, from its meeting held on November 23, 2011, BE RECEIVED AND NOTED;

it being noted that the Planning and Environment Committee heard a delegation from B. Gilmore, Chair, Trees and Forests Advisory Committee, with respect to this matter.

Motion Passed

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

15.	London Dairy Farm re properties located at 2034 and 2214 Wilton Grove Road and 3700 Old Victoria Road (Z-7960)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of London Dairy Farm relating to the property located at 2034 and 2214 Wilton Grove Road and 3700 Old Victoria Road:

a) the revised, ~~attached~~ proposed by-law (Appendix "A") BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Agricultural (AG2) Zone which permits farms and associated agricultural uses and an Agricultural Special Provision (AG2 (6)) Zone which permits the same range of agricultural uses and allows for a livestock auction establishment TO an Agricultural (AG2) Zone which permits farms and an Agricultural Special Provision (AG2 (_)) Zone which permits farms and agri-tourism uses such as farm tours and corn mazes in association with the existing agricultural use, and an Agricultural Commercial Special Provision (AGC1 (_)) Zone which permits a range industrial uses associated with agriculture such as farm food and product market, farm equipment sales, livestock auction establishment and would specifically allow dairy products manufacturing on a 0.6 ha maximum site area and with gross floor area of 600m2 maximum in association with the existing agricultural use; and,

b) pursuant to Section 34(17) of the Planning Act, no further public notice be given with respect to the recommendations of the proposed Zoning By-law since the proposed amendment was included in the description of the previous legal notice for this application;

it being noted that the Planning and Environment Committee reviewed and received the ~~attached~~ communication, dated December 12, 2011, from S. Cornwell, Zelinka Priamo Ltd., with respect to this matter;

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

• S. Cornwell, Zelinka Priamo Ltd., on behalf of the applicant – requesting that there not be a cap on the gross floor area; however, if there has to be a cap, requesting that it be 600 m2

Motion moved by Councillor B. Polhill and seconded by Councillor P. Hubert that clause 15 be amended in part (a) by replacing the by-law appended thereto with the ~~attached~~ new revised by-law which includes a definition for agri-tourism and reflects the maximum gross floor area included in the recommendation clause.

Motion Passed

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

The motion is put to adopt clause 15, as amended.

Motion Passed

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

Clause 15, as amended reads as follows:

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of London Dairy Farm relating to the property located at 2034 and 2214 Wilton Grove Road and 3700 Old Victoria Road:

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

S. Cornwell, Zelinka Priamo Ltd., on behalf of the applicant – requesting that there not be a cap on the gross floor area; however, if there has to be a cap, requesting that it be 600 m2.

16.	Longwood Oaks Ltd. re property located at 35 Southdale Road East (Z-7954)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of Longwood Oaks Ltd relating to the property located at 35 Southdale Road East:

a) the ~~attached~~ proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Associated Shopping Area Commercial (ASA1/ASA2) Zone which permits: Animal hospitals; Brewing on premises establishment; Convenience service establishments; Convenience stores; Dry cleaning and laundry plants; Duplicating shops; Financial institutions; Grocery stores; Personal service establishments; Pharmacies Printing establishments; Repair and rental establishments; Restaurants; Retail stores; Service and repair establishments; Studios; Supermarkets; Video rental establishments TO a Restricted Service Commercial Special Provision (RSC1( )/RSC2( )/RSC3/RSC4( )/RSC5( )) Zone to permit a wide range of service commercial, automotive, and home improvement uses as well as a limited range of secondary uses including: assembly halls; private clubs; clinics; medical/dental offices; pharmacies; liquor, beer and wine stores; funeral homes; emergency care establishments; and commercial recreation establishments with a special provision to reduce the minimum required landscaped open space coverage from 15% to 12%;

b) the Site Plan Approval Authority BE REQUESTED to consider the following design objectives through the Site Plan process:

i) the implementation of a landscaped area along the Southdale Road East street frontage, which includes:

• a patterned paving material to create a building forecourt;

• avoidance of curb and channel paving methods to provide for safe and convenient pedestrian access to and from, as well as, around the site;

• Screening of the surface parking area (to the east of the building) that is exposed to the public realm. Waist-high landscape walls, planting material and lighting should be used to achieve this measure;

• landscape planting material which defines the public realm and prominent walkways to the principal building entrance(s);

ii) the construction of built form which incorporates:

• a diversity of material types, including transparent glass along the street frontage;

• form and massing that provides both vertical and horizontal architectural expression;

• form and massing that clearly identifies the principal entrance(s) of the building;

• the integration of business identification signage within the architecture of the building, so as to reduce the visual clutter along the streetscape.

c) the Civic Administration BE ASKED to determine potential transportation links;

it being noted that the Planning and Environment Committee reviewed and received a communication, dated December 9, 2011, from M. Snowsell, Land Use Regulations Officer, Upper Thames River Conservation Authority, with respect to this matter;

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

· J. Sennema, Z. Group, on behalf of the applicant – advising that there will be a future road to White Oaks Side Road; indicating that there is a ghost plan in place to create more flexibility; advising that they wanted to show the future road to inform the public; advising he was advised by the Civic Administration that the connection to Southdale Road is not allowed; and that this is a $10,000,000 investment in London.

· B. Easter, 2621 Bateman Trail – advising that there are currently medium-density residential condominiums being built; indicating that he was not aware of that this type of development would be 40 feet from his front door; advising that he has expressed his concerns to Finch Hyundai due to the volume of their speaker system; advising that he went door-to-door in September and all of his neighbours are concerned about the volume of traffic; noting that the condominiums would only have singular access; enquiring as to why they are moving off Wharncliffe Road onto Southdale Road; asking how long they would have to put up with the traffic while the condominiums are being constructed; asking if both developers could agree to allow access to 2635 Bateman Trail and advising that there is already water on the site and that you can only put asphalt over top of it.

· K. Caruan-Gillard, 2624 Bateman Trail – indicating that there are no variety or different stores in their neighbourhood; advising that she has two teenagers who have to walk through the entire subdivision to get to the bus stop; requesting that someone be given the chance to build a variety store; advising that she is the fourth person to build on Bateman Trail and that she would not have built her house there if she had known there would be a car dealership built there.

Motion Passed

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

Councillor Orser enters the meeting.

17.	Application by The City of London re properties located at 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649 and 1653 Richmond Street (OZ-7965)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of The City of London relating to the properties located at 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649, and 1653 Richmond Street:

a) the ~~attached~~ proposed by-law (Appendix "A") BE INTRODUCED at a future Municipal Council meeting to amend the Official Plan to change the designation of the subject lands FROM a Low Density Residential designation TO a Multi-Family, Medium Density Residential designation to permit the development of multiple-attached dwellings, such as row houses or cluster houses, low-rise apartment buildings, small-scale nursing homes, rest homes, homes for the aged and a convenience commercial component within an apartment building;

b) the ~~attached~~ proposed by-law (Appendix “B”) BE INTRODUCED at a future Municipal Council meeting to amend the Official Plan by adding a new special policy to Section 3.5 (Policies for Specific Areas) to guide the future development of the subject properties;

c) pursuant to Section 19.2 of the Official Plan, the ~~attached~~ Richmond Street-Old Masonville Master Plan and Urban Design Guidelines (Appendix “C”) BE ADOPTED at a future Municipal Council meeting;

d) pursuant to Section 19.2.2 of the Official Plan, the ~~attached~~ proposed by-law (Appendix “D”) BE INTRODUCED at a future Municipal Council meeting to amend the Official Plan by adding the “Richmond Street-Old Masonville Master Plan and Urban Design Guidelines” to the list of Council approved guideline documents;

e) the revised, ~~attached~~ proposed by-law (Appendix "E") BE INTRODUCED at a future Municipal Council meeting 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 properties located at 1607, 1609 (eastern portion) and 1611 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone which permits cluster single detached dwellings, cluster semi-detached dwellings, cluster duplex dwellings, and cluster townhouse dwellings subject to a special zoning provision which regulates the minimum lot area (0.6 ha.), minimum lot frontage (70m), maximum lot coverage (35%), maximum density (30 units per hectare), maximum height (10.5m), minimum front yard depth (3m), minimum rear yard depth (7.5m) and restrictions on the location of parking areas and subject to a holding provision requiring a public site plan review of the proposed development prior to the removal of the holding provision TO a Holding Residential R5 Special Provision (h-(*)•h-(**)•R5-2(*)) Zone to permit cluster townhouses and cluster stacked townhouses with a special zoning provision which includes: a minimum lot frontage (70m); minimum lot area (0.4 ha.); maximum front yard depth (3m); minimum rear yard and south interior side yard depth (15m); maximum lot coverage (35%); maximum density (45 units per hectare); maximum number of bedrooms per dwelling unit (3); and, maximum height (12.0m on the eastern portion and 9.5m on the western and southern portions) subject to holding provisions to ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and that a storm/drainage and stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;

f) the revised, ~~attached~~ proposed by-law (Appendix "F") BE INTRODUCED at a future Municipal Council meeting 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 properties located at 1615, 1619, 1623 and 1627 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-(*)•h-(**)•R9-7(***)) Zone to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes: a minimum lot frontage (70m); minimum lot area (0.6 ha.); maximum front yard depth (3m); minimum rear yard depth (15m); maximum lot coverage (40%); maximum density (150 units per hectare); maximum number of bedrooms per dwelling unit (3); and, maximum height (15.0m on the eastern portion and 9.5m on the western portion) subject to holding provisions to ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and that storm/drainage and a stormwater management (SWM) servicing design report has been prepared and accepted to ensure that future development has the sufficient storm outlet and SWM servicing;

g) the ~~attached~~ proposed by-law (Appendix "G") BE INTRODUCED at a future Municipal Council meeting 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 properties located at 1631, 1635, and 1639 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision (1631 and 1635 Richmond Street) AND a Residential R5 Special Provision/Residential R6 Special Provision (R5-2(12)/R6-4(14)) Zone which permits the above listed uses and subject to the above listed special zoning regulations (1639 Richmond Street) TO a Residential R9 Special Provision/Convenience Commercial Special Provision (R9-7(**)/CC4(*)) Zone to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities in the R9-7(**) Zone with a special zoning provision which includes: a minimum lot frontage (70m); minimum lot area (0.6 ha.); maximum front yard depth (3m); minimum interior side yard depths (3m); minimum rear yard depth (15m); maximum lot coverage (45%); maximum density (200 units per hectare); maximum number of bedrooms per dwelling unit (3); maximum height (20.0m on the eastern portion and 9.5m on the western portion); and permits convenience service establishments, convenience stores, financial institutions, personal service establishments, and take out restaurants in the CC4(*) Zone with a special zoning provision which includes: a maximum gross floor area for convenience commercial uses (200.0m²); and, no additional parking requirements for commercial uses;

h) the revised, ~~attached~~ proposed by-law (Appendix "H") BE INTRODUCED at a future Municipal Council meeting 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 properties located at 1643, 1649, and 1653 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision TO a Holding Residential R9 Special Provision (h-(*)•h-55•R9-7(*)) Zone for the properties located at 1643, 1649, and 1653 Richmond Street to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities with a special zoning provision which includes: a minimum lot frontage (70m); minimum lot area (0.6 ha.); maximum front yard depth (3m); minimum interior side yard depths (3m); minimum rear yard depth (15m); maximum lot coverage (45%); maximum density (200 units per hectare); maximum number of bedrooms per dwelling unit (3); maximum height (20.0m on the eastern portion and 9.5m on the western portion) subject to a holding provision to ensure that future development is consistent with the Richmond Street-Old Masonville Master Plan and Urban Design Guidelines and to require the completion of a traffic impact study prior to site plan approval to determine the location and number of access points, the traffic impact on surrounding roads, and the roadway improvements required to accommodate this development;

i) three readings of the by-laws enacting the Official Plan and Zoning By-law amendments, as recommended in clauses (a) to (h) above, BE WITHHELD until such time as site plan approval has been obtained for the properties at 1631, 1635, and 1639 Richmond Street, following a public site plan review, and a development agreement entered into with the City of London, which is consistent with the site plan drawings and elevation drawings ~~attached~~ hereto as Appendix “I”; and,

j) the Civic Administration BE DIRECTED to retain a consultant to undertake a transportation study, including traffic impact analysis, for the neighbourhood, bounded by Louise Blvd (to the west), Taplow Rd, Hillside Dr, McStay Rd and Shavian Blvd (to the south), Richmond Street (to the east) Fanshawe Park Road and Hillview Blvd (to the north) (the “Study Area”) that will:

A) identify concerns, with a specific emphasis on cut-through traffic, speeding and hazardous driving on local streets and recommend mitigation measures to address these concerns;

B) recommend measures to enhance pedestrian quality and safety;

C) recommend appropriate road layout and design that will mitigate traffic impacts of the proposed development on the Study Area; and,

D) include input from the residents of the Study Area throughout the Study process;

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

· a Municipal Council resolution adopted at its meeting held on March 8, 2010;

· M. Lake-Collins, dated December 7, 2011;

· F. Metwaly, 1631, 1635 and 1639 Richmond Street, dated December 8, 2011;

· B. Davis, President, Old Masonville Ratepayers’ Association, dated December 9, 2011;

· S. & R. Poole, 51 Shavian Boulevard, dated December 12, 2011;

· C. Lynn, dated December 12, 2011; and,

· L. Culhane, 110 St. Bees Close, dated December 12, 2011;

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

· J. Lowman, 1650 Hillside Drive – advising that she is an active member of the Home and School Council at Masonville Public School; advising that there are a number of traffic regarding school safely due to the lack of sidewalks; advising that she personally approves of the plan as it is the lesser of two evils; hoping that the city addresses traffic concerns; advising that on Cherokee, there are no sidewalks and that all streets do not have street lights; advising that two kids have been clipped by side view mirrors on cars; and asking that people and children are put first and traffic is put second.

· M. Shmukler, 1643 Hillside Drive – advising that he approves of the plan as it is far superior to the previous plan; advising that a traffic study was to be done when the three north properties are developed and indicating that he would like to see the traffic study completed now; advising that roads are designed to push traffic through and that these are residential streets with families and children; requesting that a vehicular study be undertaken to ensure that traffic slows down, with an emphasis on families and children, as a neighbourhood where children ride their bicycles, neighbourhours walk their dogs; and suggesting that this be done as a pilot project.

· B. Davis, President, Old Masonville Ratepayers’ Association (OMRA) – indicating that the OMRA supports this application; advising that they share the traffic concerns; and expressing support for the recommendation of a traffic study in the spring and the requirement for a holding provision.

· F. Matwaly, Applicant – indicating that he has been working closely with Ward Councillor M. Brown, Mr. Tomazincic, Planner II, and the community; advising that the Ontario Municipal Board has approved the site plan application for the properties located at 1631 and 1635 Richmond Street; advising that the City did not approve his request for a traffic light at Jacksway Crescent; advising that the application is not correct and needs to be modified; indicating that it is necessary for a traffic light on Jacksway Crescent; advising that without the Stormwater Management upgrade, the application is useless; indicating that he had to find his own solution five years ago; expressing concern with the withholding of the three readings; advising that he does not want to spend a lot of time and money only to have the application appealed; requesting that both applications be approved tonight; and advising that he currently has Ontario Municipal Board approval.

· J. Wright, 45 Hillview Boulevard – advising that she purchased her property in 2009; expressing appreciation to Mr. Matwaly; advising that she has been a realtor for 27 years; indicating that she loves the design; applauding the City for dealing with a plan that includes people over 65; advising that Richmond Street could be a beautiful corridor; indicating that this plan looks like something you would find in Yorkville; advising that Mr. Matwaly has provided a nice design; indicating that traffic is an issue; expressing concern that the new building will have 400+ cars that will be exiting onto Hillview Boulevard; advising that residents of Cherokee prefer a 50 foot setback; indicating that there are no sidewalks or streetlights on Cherokee Road and that you cannot see anything at night; and advising that new families are moving into the neighbourhood.

· M. McDermid, 29 Cherokee Road – advising that she has lived at her residence since 1977; advising that the area residents have worked as a community with the City; expressing pleasure with the new attitude of the Council; indicating that traffic is a problem, but that it is a problem everywhere; and congratulating the City for doing this.

Motion made by Councillor M. Brown and seconded by Councillor B. Polhill that clause 17 be amended in part g) by adding the word “revised” before the word “attached”; and by replacing the by-law appended thereto with the ~~attached~~ revised by-law which removes a laundromat use.

Motion Passed

Motion is put to adopt clause 17, as amended.

Motion Passed

Clause 17, as amended reads as follows:

that, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the application of The City of London relating to the properties located at 1607, 1609 (eastern portion), 1611, 1615, 1619, 1623, 1627, 1631, 1635, 1639, 1643, 1649, and 1653 Richmond Street:

g) the revised ~~attached~~ proposed by-law (Appendix "G") BE INTRODUCED at a future Municipal Council meeting 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 properties located at 1631, 1635, and 1639 Richmond Street FROM a Holding Residential R5 Special Provision/Residential R6 Special Provision (h-5•R5-2(12)/R6-4(14)) Zone which permits the above listed uses, subject to the above listed special zoning regulations, and subject to the above listed holding provision (1631 and 1635 Richmond Street) AND a Residential R5 Special Provision/Residential R6 Special Provision (R5-2(12)/R6-4(14)) Zone which permits the above listed uses and subject to the above listed special zoning regulations (1639 Richmond Street) TO a Residential R9 Special Provision/Convenience Commercial Special Provision (R9-7(**)/CC4(*)) Zone to permit cluster townhouses, apartment buildings, senior citizen apartment buildings, and continuum of care facilities in the R9-7(**) Zone with a special zoning provision which includes: a minimum lot frontage (70m); minimum lot area (0.6 ha.); maximum front yard depth (3m); minimum interior side yard depths (3m); minimum rear yard depth (15m); maximum lot coverage (45%); maximum density (200 units per hectare); maximum number of bedrooms per dwelling unit (3); maximum height (20.0m on the eastern portion and 9.5m on the western portion); and permits convenience service establishments, convenience stores, financial institutions, personal service establishments, and take out restaurants in the CC4(*) Zone with a special zoning provision which includes: a maximum gross floor area for convenience commercial uses (200.0m²); and, no additional parking requirements for commercial uses;

A) identify concerns, with a specific emphasis on cut-through traffic, speeding and hazardous driving on local streets and recommend mitigation measures to address these concerns;

B) recommend measures to enhance pedestrian quality and safety;

C) recommend appropriate road layout and design that will mitigate traffic impacts of the proposed development on the Study Area; and,

D) include input from the residents of the Study Area throughout the Study process;

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

· a Municipal Council resolution adopted at its meeting held on March 8, 2010;

· M. Lake-Collins, dated December 7, 2011;

· F. Metwaly, 1631, 1635 and 1639 Richmond Street, dated December 8, 2011;

· B. Davis, President, Old Masonville Ratepayers’ Association, dated December 9, 2011;

· S. & R. Poole, 51 Shavian Boulevard, dated December 12, 2011;

· C. Lynn, dated December 12, 2011; and,

· L. Culhane, 110 St. Bees Close, dated December 12, 2011;

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

18.	Drewlo Holdings Inc. re properties located at 1522 Kilally Road, 1654 Highbury Avenue North and a portion of 1782 Kilally Road (39T-05505/Z-7942)

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the Director of Development Planning and the Managing Director of Development Approvals Business Unit, with respect to the applications by Drewlo Holdings Inc. relating to the properties located at 1522 Kilally Road, 1654 Highbury Avenue North, and a portion of 1782 Kilally Road, a special meeting of the Planning and Environment Committee BE HELD on Tuesday, January 10, 2012 at 4:00 p.m. to allow an opportunity for the Ward Councillor to meet with the developer and the residents;

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

· K. McIntosh, Drewlo Holdings Inc. – expressing support for the staff recommendation; reiterating that high density has not changed, that medium density has been lowered and that low density has increased; advising that the zoning is in place, but that minor tweaking is being done; indicating that there are two minor road revisions and that the Stormwater Management pond is being relocated.

· D. Ruebsam, 1605 Portrush Way – advising that she resides north of the river; indicating that a six storey apartment building and cluster housing will be built close to the neighbourhood; indicating that it does not fit into the contour of Highbury Avenue; advising that she does not want people looking into her backyard; indicating that there is the possibility of the installation of a traffic light on the south side of the bridge; indicating that there are street lights at Kilally, Purser and Killarney; requesting the installation of a cul-de-sac to stop pedestrian traffic; requesting another service road higher on the hill on Killarney; indicating that Huron and Highbury, Oxford and Wonderland are not nice to look at; and requesting an increase in the number of condominiums.

· S. Lavigne, 1659 Portrush Way – advising that she built her house in 2007 and lives on the north side of the river; advising that she was informed that there would not be development on the other side of the river; enquiring as to why developers can get away with not telling people the truth about what they are buying; indicating that it is wonderful that the Masonville residents are working with the developer and that she would love Drewlo to do the same with them; indicating that she paid a premium value to back onto the river; indicating that she was not anticipating people in a high rise looking at their backyards; expressing concern about barrack style townhouses; asking why apartments are not built on medium density; and requesting that the apartments and townhouses are built closer to the park.

· P. Chapman, 1614 Purser Street – advising that he purchased his property in June, 2010 and that he backs onto a watershed; advising that there is a storm sewer at the back of his property; advising that he was informed by his realtor that the property behind his is conservation area and is deemed as “green space”; advising that his property value has decreased significantly; advising that he has mature trees in his backyard; indicating that he commutes to Markham every day and that he does not want to move; advising that he has deer, great blue herons and geese in his backyard and that with the proposed development, they will all be wiped out.

· M. MacLean, 1630 Portrush Way – asking Council to defer their decision to allow the residents to review the 72 page report that they received the Thursday prior to the meeting.

Motion Passed

19.	Limiting Distance (No-Build) Agreement Between The Corporation of the City of London and Barvest Realty Incorporated (725 Third Street)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Executive Director, Planning, Environmental & Engineering Services, the following actions be taken with respect to a limiting distance (no-build) agreement between The Corporation of the City of London and Barvest Realty Inc. for the property at 725 Third Street:

a) the Executive Director Planning, Environmental & Engineering Services BE AUTHORIZED to execute, on behalf of the City of London, as the Adjacent Property Owner, a limiting distance (no-build) agreement for the property at 725 Third Street; and,

b) the ~~attached~~ proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 to delegate authority to the Executive Director Planning, Environmental & Engineering Services to execute, on behalf of the City of London as the adjacent property owner, a limiting distance (no-build) agreement for the property at 725 Third Street.

Motion Passed

20.	Nicolas Schidowka re property located at 7092 Longwoods Road

Motion made by Councillor S.E. White to Approve that, on the recommendation of the Director of Land Use Planning and City Planner, in response to the letter of appeal to the Ontario Municipal Board submitted by Robert Walpole, on behalf of Nicolas Schidowka, relating to the minor variance application A.072/11 concerning 7092 Longwoods Road, the following actions be taken: a) the Ontario Municipal Board BE ADVISED that the Municipal Council supports the Committee of Adjustment decision to refuse the minor variance; and, b) the City Solicitor and Director of Land Use Planning and City Planner BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board Hearing to support the Committee of Adjustment’s decision.

Motion Passed YEAS: J.F. Fontana, W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D. G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14) RECUSED: B. Polhill (1)

	21.	Oakridge Heights Development Inc. re property located at 495 Oakridge Drive (H-7978)

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning and the Managing Director, Development Approvals Business Unit, based on the application of Oakridge Heights Development Inc. relating to the property located at 495 Oakridge Drive, the ~~attached~~ proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the southerly portion of 495 Oakridge Drive FROM a Holding Residential R6 Special Provision (h-101 R6-2(9)) Zone; TO a Residential R6 Special Provision (R6-2(9)) Zone to remove the h-101 holding provision from these lands.

Motion Passed

22.	Pemic Land Corporation re property located at 1480 Riverbend Road (39T-10504)

Motion made by B. Polhill to Approve that, on the recommendation of the Director of Development Planning, in response to the letter of appeal to the Ontario Municipal Board from Barry R. Card, on behalf of Pemic Land Corp., dated August 22, 2011, relating to the draft plan of residential subdivision application concerning the property located at 1480 Riverbend Road, the following actions be taken:

a) the Ontario Municipal Board BE ADVISED that the Municipal Council supports the granting of the draft approval of the proposed plan of subdivision submitted by Pemic Land Corporation and Sifton Properties Limited, prepared by AECOM Canada Ltd. (Drawing No. DP1) and certified by Robert Stirling, FKS Land Surveyors, dated September 30, 2010, showing 29 single detached residential lots and 2 blocks for future residential development, served by two local streets and Riverbend Road, SUBJECT TO the conditions contained in the ~~attached~~ Appendix "39T-10504-1" being met;

it being noted that a recommendation to approve a residential draft plan of subdivision, with conditions of draft approval, is being brought forward pursuant to the Municipal Council resolution adopted at its meeting held on May 9, 2011, as the time period established by the subdivision agreement in which the London District Catholic School Board has to complete the transaction of purchase and sale of the subject lands has lapsed;

b) the City Solicitor’s Office BE DIRECTED to take all necessary steps to respond to the appeal of Pemic Land Corp. to the Ontario Municipal Board in support of Council’s position; and,

c) the Development Approvals Business Unit BE DIRECTED to provide land use planning evidence at the Ontario Municipal Board Hearing in support of Council’s position.

Motion Passed

23.	Storm Sewer to Accommodate Intensification on Richmond Street

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Managing Director, Development Approvals Business Unit, the following actions be taken with respect to the rehabilitation and expansion of the existing storm sewer on Richmond Street from near Hillside Drive to the Thames River, North Branch:

a) a new project, estimated at $1.5 million, BE APPROVED in 2012 in the Growth Management Implementation Strategy, with financing as identified in the ~~attached~~ Appendix ‘A ; and,

b) the project BE REFERRED to the 2012 Budget Process;

it being noted that the proposed timing for construction is also 2012 in coordination with infill development;

it being further noted that the Planning and Environment Committee reviewed and received the ~~attached~~ communication, dated December 12, 2011, from J. Kennedy, President, London Development Institute, with respect to this matter.

Motion Passed

24.	London Health Sciences Centre - South Street Campus Decommissioning

Motion made by Councillor B. Polhill to Approve that, notwithstanding the recommendation of the City Solicitor’s Office, the report relating to the London Health Sciences Centre South Street Campus lands BE REFERRED to the Civic Administration for a presentation by Mr. A. Avis, Allan Avis Architects Inc., at a public participation meeting to be held on January 16, 2012.

Motion Passed

25.	Barry Molloy - 7 Holiday Avenue

Motion made by Councillor B. Polhill to Note that the Planning and Environment Committee (PEC) reviewed and received a communication from L. Kirkness, Kirkness Consulting with respect to Barry Molloy - 7 Holiday Avenue. The PEC asked the Civic Administration to report back on this matter at the February 6, 2012 PEC meeting.

Motion Passed

26.	Downtown Tax Exemption Program - 431 Richmond Street

Motion made by Councillor B. Polhill to Approve that, the Civic Administration BE DIRECTED to allow a retroactive grant application for the Downtown Tax Exemption Program relating to the property located at 431 Richmond Street; it being noted that the Planning and Environment Committee heard a verbal presentation and reviewed and received a communication, dated December 2, 2011, from M. Doornbosch, Zelinka Priamo Ltd., with respect this matter.

Motion Passed

27.	Election of Vice-Chair for the term ending November 30, 2012

Motion made by Councillor B. Polhill to Note that, Councillor S.E. White BE ELECTED as Vice Chair of the Planning and Environment Committee for the term ending November 30, 2012.

Motion Passed

1st Report of the Community Services Committee

Councillor M. Brown Presents

1.	Disclosure of Pecuniary Interest

Motion made by Councillor M. Brown to Note that no disclosures of pecuniary Interest were made.

Motion Passed

2.	Election of Vice Chair for the term ending November 30, 2012

Motion made by Councillor M. Brown to Note that, Councillor Nancy Branscombe BE ELECTED Vice Chair of the Community Services Committee for the term ending November 30, 2012.

Motion Passed

3.	Committee Orientation

Motion made by M. Brown to Approve that, Officials from the London Health Sciences Centre BE INVITED to a future meeting of the Community Services Committee (CSC) to discuss the matter of the provision of mental health care beds in London;

it being noted that the CSC received the ~~attached~~ orientation presentations from the Executive Director, Community Services Department and the Director, Community Services, Neighbourhood and Children Services, but deferred the presentation from the Director, Municipal Housing to a future meeting of the CSC.

Motion Passed

4.	City of London 2012 Accessibility Plan

Motion made by Councillor M. Brown to Approve that, on the recommendation of the City Treasurer and Chief Financial Officer, the following actions be taken with respect to the City of London 2012 Accessibility Plan:

a) the recommended New Strategic Actions contained in the 2012 Accessibility Plan, which the City intends to undertake from January 2012 to December 2012 BE ADOPTED; and,

b) the Accessibility Advisory Committee BE THANKED by the Municipal Council, for continued support and extensive background work into the development of the City of London 2012 Accessibility Plan;

it being noted that the Community Services Committee received a verbal presentation from B. Quesnel, Chair, Accessibility Advisory Committee, L. Cowie, Co-op Student and R. Armistead, Manager, Culture and Municipal Policy, with respect to this matter.

Motion Passed

5.	Municipal Golf

Motion made by Councillor M. Brown to Approve that, the Civic Administration BE DIRECTED to report back in early 2012 with respect to the feasibility of agreement(s) with outside organizations related to opportunities to maximize the usage of municipal golf courses, where the risks identified by the review completed by PricewaterhouseCoopers including “cannibalization” and displacement of revenue, etc. can be minimized;

it being noted that the Community Services Committee received a verbal presentation from B. Coxhead, Director of Parks and Recreation, the ~~attached~~ presentation from C. Shah, PricewaterhouseCoopers, the ~~attached~~ presentation from B. Miller and M. Williamson, London Golf Club and the ~~attached~~ presentation from N. Kapp, London Golf Trail, with respect to this matter.

Motion Passed

6.	East-Southeast Recreation Facility Siting Project

Motion made by Councillor M. Brown to Approve that, on the recommendation of the Director of Parks and Recreation and Neighbourhood and Children’s Services, with the concurrence of the Executive Director of Community Services, the following actions be taken with respect to the East-Southeast Recreation Facility Project:

a) the delivery model, as outlined in the ~~attached~~ report Appendix A “East/Southeast London Community & Recreation Facility Siting Project”, providing two (2) locations for new community and recreation facilities in East/Southeast London, BE ENDORSED;

b) the preferred target location areas for the two (2) facilities BE ENDORSED; and,

c) the Civic Administration BE DIRECTED to continue to work with the consulting group to investigate potential sites within the recommended target areas and to report back with recommended sites in a confidential report in early 2012;

it being noted that the Community Services Committee received the ~~attached~~ presentation from A. Ramsey, Allan Ramsey Planning Associates and a verbal presentation in support of the proposed project(s) from A. Haidar, Chair, Argyle Community Association, with respect to this matter.

Motion Passed

7.	Request for Capital Funding from the Social Housing Major Repairs and Upgrades Stabilization Reserve Fund for 98 Baseline Road West

Motion made by Councillor M. Brown to Approve that, on the recommendation of the Director of Municipal Housing, with the concurrence of the Executive Director of Community Services, the following actions be taken with respect to the request for capital funding from the Social Housing Major Repairs and Upgrades Stabilization Reserve Fund for the property located at 98 Baseline Road West:

a) Cheshire Homes of London Inc. BE APPROVED for an allocation of up to $392,772.24 (incl. HST) for the installation of a second interior elevator at 98 Baseline Road West; and

b) the ~~attached~~ Sources of Financing Report for the allocation in a), above, BE APPROVED.

Motion Passed

8.	Housing Services Act

Motion made by Councillor M. Brown to Approve that, on the recommendation of the Director of Municipal Housing, with the concurrence of the Executive Director of Community Services, the information report, dated December 19, 2011, with respect to the implementation of the Housing Services Act 2011, BE RECEIVED.

Motion Passed

9.	Municipal Partnership for the Development of an Information System for Social Housing Administration

Motion made by Councillor M. Brown to Approve that, on the recommendation of the Director of Municipal Housing, with the concurrence of the Executive Director of Community Services, the information report, dated December 19, 2011, with respect to a municipal partnership for the development of an information system for social housing administration BE RECEIVED.

Motion Passed

10.	Community Services Committee for the term December 1, 2011 to November 30, 2012

Motion made by Councillor M. Brown to Note that the communication dated November 22, 2011, from the City Clerk, with respect to the Council appointments to the Community Services Committee for the term ending November 30, 2012, BE RECEIVED.

Motion Passed

11.	City Symposium - Income Disparity

Motion made to by Councillor M. Brown to Note that, the communication with respect to the City Symposium related to “Income Disparity” BE RECEIVED.

Motion Passed

12.	Dearness Home Community Newsletter December – 2011

Motion made by Councillor M. Brown to Note that the Dearness Home Community Newsletter for the month of December, 2011, BE RECEIVED.

Motion Passed

1.	2nd Report of the Planning and Environment Committee Councillor Polhill Presents

1.	Disclosures of Pecuniary Interest

Motion made by Councillor B. Polhill to Note that no disclosures of pecuniary interest were made.

Motion Passed

2.	Drewlo Holdings Inc re: properties located at 1522 Killaly Road, 1654 Highbury Avenue North and a portion of 1782 Killaly Road

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Director of Development Planning and the Managing Director of Development Approvals Business Unit, the following actions be taken with respect to the application by Drewlo Holdings Inc. relating to the properties located at 1522 Kilally Road, 1654 Highbury Avenue North, and a portion of 1782 Kilally Road:

a) the Planning and Environment Committee BE REQUESTED, on behalf of the Approval Authority, to conduct a public meeting for the proposed revised draft plan of subdivision (39T-05505) submitted by Drewlo Holdings Inc. and to report to the Approval Authority the issues, if any, raised at the public meeting with respect to the revised application for draft plan of subdivision;

b) the Approval Authority BE ADVISED that the Municipal Council has no objection to the granting of the revised draft plan approval, as submitted by Drewlo Holdings Inc. (File No. 39T-05505), prepared by Whitney Engineering, (dated March 2011), as redlined, which shows 128 single detached dwelling lots, 5 medium density blocks, 1 high density block, 1 stormwater management block, 1 open space block, 2 park blocks, and several road allowance/reserve/ widening blocks, all served by the extension of Edgevalley Road, Agathos Street and Purser Street and 2 new local streets SUBJECT TO the conditions contained in the ~~attached~~ Appendix “39T-05505-1";

c) the proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 31, 2012 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property:

· FROM a Holding Residential R1 (h*R1-13) Zone, which permits single detached dwellings, and a Holding Residential R5/R6 (h*R5-7/R6-5) Zone, which permits townhouses and cluster housing, TO a Holding Residential R1 (h*h-100*R1-4) Zone to permit single detached dwellings with a minimum lot frontage of 12 m and a lot area of 360m², a Holding Residential R1 Special Provision (h*h-100*R1-3(7)) Zone to permit single detached dwellings with a minimum lot frontage of 11 m and a lot area of 300m², and an Open Space (OS1) Zone to permit a public park;

· FROM a Holding Residential R5/R6 (h*h-54*R5-7/R6-5) Zone and a Holding Residential R5/R6 (h*R5-7/R6-5) Zone TO a Holding Residential R5/R6 (h*h-54*h-100*R5-7/R6-5) Zone to add holding provisions for a noise study (h-54) and a maximum 80 units until water is looped (h-100);

· FROM a Holding Residential R6/R9 (h*h-54*R6-5/R9-7) Zone TO a Holding Residential R6/R9 (h*h-54*h-100*R6-5/R9-7) Zone to add a holding provision for a maximum 80 units until water is looped (h-100);

· FROM a Holding Residential R4/R5 (h*R4-6/R5-7) Zone which permits street townhouses and cluster townhouses TO a Holding Residential R5/R6 (h*h-100*R5-7/R6-5) Zone which permits townhouses and cluster housing at a density of 50 units per hectare;

· FROM an Open Space (OS1) Zone TO a Holding Residential R1 Special Provision (h*h*100*R1-3(7)) Zone and a Holding Residential R1 (h*h-100*R1-4) Zone;

· FROM a Holding Residential R1 Special Provision (h*R1-3(7)) Zone TO an Open Space (OS1) Zone; and

· FROM an Urban Reserve (UR4) Zone TO an Open Space (OS1) Zone for additional lands for the stormwater management pond;

d) the applicant BE ADVISED that the Director, Development Finance, has projected the claims and revenues related to this development as outlined on the ~~attached~~ Appendix “39T-05505-2”;

e) Drewlo Holdings Inc. BE REQUESTED to create additional single family lots, improve the storm water management pond and change the road design subject to:

· the applicant undertaking to host a community meeting with the Ward Councillor and residents for site plan matters on block number 135 high density residential;

· a future public participation meeting being held at the site plan stage for the medium density development within block numbers 130 and 134, when an application for development is received by the City. Site plan review on these blocks would include public input on natural areas, buffering, fencing, urban design and landscaping; and,

· a copy of the environmental assessment on the natural areas be provided to the residents’ association representatives;

f) the Civic Administration BE REQUESTED to review possible amendments to Official Plan and Zoning By-law processes:

· to improve the zoning change mapping to prevent the use of “ghost” mapping of lands at a single family low density when in fact the lands are zoned for much higher density uses, such as townhouses, condominiums and medium density uses;

· to improve signage at entrance ways into a subdivision through the use of visual aids that show land use plans in new subdivisions to assist purchasers in understanding the zoning of properties within the subdivision;

· circulation notices to residents by expanding the circulation to a wider area to include existing subdivisions and new homes that are adjacent to proposed new subdivisions; and,

· Civic Administration to work with industry partners at the LDI, London Home Builders and the Urban League to consider and recommend improvements in land use designations language, mapping and communication tools used in the Official Plan, zoning and planning process.

Motion Passed

I. RECOGNITIONS (continued)

4. At 6:20 PM, His Worship the Mayor recognizes the contributions made to London by the following citizens who were named to the Mayor's 2012 New Year's Honour List in the categories indicated:

Maryse Leitch - The Arts

Evelina Silveira - Diversity and Race Relations

Maureen Temme - The Environment

Catherine McEwen - Heritage

Greg Playford - Housing

Perpetue Nitunga - Humanitarianism

Anne Robertson - Persons with Disabilities

Josip Mrkoci - Sports

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser, that Council recess.

Motion Passed

The Council recesses at 7:09 PM and reconvenes at 8:10 PM, with Mayor Fontana in the Chair and all Members present.

Motion made by Councillor S. Orser and seconded by Councillor M. Brown, that pursuant to section 7.3 of the Council Procedure By-law, the order of business be changed to permit consideration of the 3rd Report of the Finance and Administrative Services Committee at this time.

Motion Passed

3rd Report of the Finance and Administrative Services Committee

Councillor P. Hubert Presents

1.	Disclosures of Pecuniary Interest

Motion made by Councillor P. Hubert to Note that Councillor Branscombe discloses a pecuniary interest in matters related to the London International Airport by indicating that her spouse owns and operates a business in close proximity to the Airport.

Motion Passed

2.	Opening Remarks and Discussion

Motion made by Councillor P. Hubert to Approve the following:

a) That a letter BE ISSUED from the City of London, to Caterpillar Inc., to express the importance of Electro-Motive Diesel remaining in London and to advise that the City of London will do whatever it can to assist in ensuring the company’s ongoing local presence;

b) That the Minister of State (Federal Economic Development Agency for Southern Ontario) BE REQUESTED to send a letter of support emphasizing the importance of the ongoing presence of Electro-Motive Diesel in London;

it being noted that the Finance and Administrative Services Committee held general discussions with E. Holder, MP; I. Mathyssen, MP; J. Preston, MP and S. Truppe, MP on the following issues:

i) Economic Development, Regional Economic Development and Trade

• London Strategic Economic Initiatives and Gateway

• FedDev

• High Speed Rail

• China Mission

ii) Infrastructure

• New Funding Plan

• Federal Funding for Public Transit

iii) Policing

• Front-Line Policing

• Crime Prevention Programs

iv) Housing

• Long-Term Strategies

• Market Incentives

• Expiry of Federal Programs and Subsidies

v) Culture

• Funding

vi) Settlement Agencies

vii) Canadian Broadcasting Corporation (CBC)

At 8:12 PM Mayor J. F. Fontana places Councillor M. Brown in the Chair and takes a seat at the Council Board.

At 8:20 PM Mayor J. F. Fontana returns to the Chair and Councillor M. Brown takes his seat at the Council Board.

Motion made by Councillor S.E. White and seconded by Councillor S. Orser to Amend clause 2, by adding the following new part c) as follows:

c) The local Members of Parliament and of the Legislative Assembly of Ontario BE CALLED UPON to assist in working towards the reasonable settlement of the current labour dispute at Electro-Motive Diesel (EMD) in London and the Mayor BE REQUESTED to seek a meeting with the Prime Minister and the Premier to bring to their attention the urgency of this matter and seek whatever assistance they may be able to provide in the circumstances to ensure these jobs remain in Ontario.

Motion Passed

Motion made by Councillor J.B. Swan and seconded by Councillor S.E. White to Amend clause 2 by adding the following new part d) as follows:

d) Recognizing that high skilled manufacturing jobs in Canada leads to economic prosperity our community and strengthens the fabric of our community and country, and further recognizing that collective bargaining is under way and is to be respected and encouraged as the most effective means of bargaining for fair wages and benefits, London City Council recommends that:

i) both parties BE ENCOURAGED to immediately accept the offer from the Provincial Government to provide a mediator;

ii) the continued success of the EMD Plant BE DECLARED an urgent and high priority for the economy of Southwestern Ontario, with significant future opportunities for economic development and profitability in the area of advanced locomotive design and innovation; and,

iii) the Federal and Provincial Governments BE ASKED to meet with EMD representatives to review their obligations under the Investment Canada Act and to further explore opportunities to dedicate federal and provincial funds towards innovation and future train-oriented manufacturing industry, such that EMD will retain international leadership in the rail industry, while providing good paying jobs in London, Ontario and remaining a competitive, high performance-based and profitable entity;

it being noted that the City Council is committed to working with EMD and its employees to support the next generation of low emission diesel locomotives that will be used by railways throughout the world and will provide the latest technology and innovation to rail companies across the globe, as the new world rail locomotive emission standards are adopted; it being further noted that the City of London will work in full cooperation with City Community Services staff and community partners, such as United Way, to ensure that locked-out employees are made fully aware of available community supports to help them, and their families, through this difficult time.

Motion Passed

The motion to approve clause 2, as amended is put.

Motion Passed

Clause 2, as amended reads as follows:

c) the local Members of Parliament and of the Legislative Assembly of Ontario BE CALLED UPON to assist in working towards the reasonable settlement of the current labour dispute at Electro-Motive Diesel (EMD) in London and the Mayor BE REQUESTED to seek a meeting with the Prime Minister and the Premier to bring to their attention the urgency of this matter and seek whatever assistance they may be able to provide in the circumstances to ensure these jobs remain in Ontario; and,

d) recognizing that high skilled manufacturing jobs in Canada lead to economic prosperity in our community, strengthens the fabric of our community and country, and further recognizing that collective bargaining is under way and is to be respected and encouraged as the most effective means of bargaining for fair wages and benefits, London City Council recommends that:

i) both parties BE ENCOURAGED to immediately accept the offer from the Provincial Government to provide a mediator;

it being further noted that the Finance and Administrative Services Committee held general discussions with E. Holder, MP; I. Mathyssen, MP; J. Preston, MP and S. Truppe, MP on the following issues:

i) Economic Development, Regional Economic Development and Trade

• London Strategic Economic Initiatives and Gateway

• FedDev

• High Speed Rail

• China Mission

ii) Infrastructure

• New Funding Plan

• Federal Funding for Public Transit

iii) Policing

• Front-Line Policing

• Crime Prevention Programs

iv) Housing

• Long-Term Strategies

• Market Incentives

• Expiry of Federal Programs and Subsidies

v) Culture

• Funding

vi) Settlement Agencies

vi) Canadian Broadcasting Corporation (CBC)

At 8:55 PM Mayor J.F. Fontana leaves the meeting and places Councillor P. Van Meerbergen in the Chair.

At 8:55 PM Councillor S.E. White leaves the meeting.

2nd Report of the Finance and Administrative Services Committee

Councillor P. Hubert Presents

1.	Disclosures of Pecuniary Interest

Motion made by Councillor P. Hubert to Note that no disclosures of pecuniary interest were made.

Motion Passed

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

2.	Grand Theatre Update

Motion made by Councillor P. Hubert to Note that, the verbal update from D. Harvey, Executive Director, and S. Ferley, Artistic Director, Grand Theatre, with respect to the ~~attached~~ matters pertaining to the activities of the Grand Theatre, BE RECEIVED.

Motion Passed

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

3.	Tax Division Agenda

Motion made by Coucillor P. Hubert to Approve that, the recommendations in the Tax Adjustment Agenda dated December 12, 2011, including the ~~attached~~ additional page, BE APPROVED; it being noted that at the public hearing associated with this matter there were no members of the public in attendance before the Finance and Administrative Services Committee to speak to the recommendations contained in the Tax Division Agenda.

Motion Passed

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

4.	2011 Operating Budget Status - Third Quarter Report

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the following actions be taken with respect to the 2011 Operating Budget Status – 3rd Quarter Report for the General, Water and Wastewater Budgets:

a) the 2011 Operating Budget Status – 3rd Quarter Report for the General (Property Tax Supported refer to Appendix A), Water and Wastewater Budgets BE RECEIVED for information; it being noted that the Civic Administration is projecting:

i) a $4.6 million in savings for the General (Property Tax Supported) budget, noting that the year-end position could fluctuate significantly based on factors beyond the control of the Civic Administration, such as Ontario Works caseload and winter maintenance;

ii) a $0.1 million deficit in the Water rate supported budget; and

iii) a $1.0 million in net savings in the Wastewater & Treatment rate supported budget.

it being noted that consistent with the Municipal Council’s direction, the projected $4.6 million in savings would be contributed to the Operating Budget Contingency Reserve at year end, the $0.1 million deficit in the Water rate supported budget would be offset by a draw down from the Water Works Capital Reserve Fund, and that the $1.0 million in net savings in the Wastewater & Treatment budget will be contributed to the Wastewater Rate Stabilization Reserve and/or the Sewer Works Reserve Fund;

b) the Civic Administration’s contribution of $959,433 ($841,457 – property tax supported; $101,331 – wastewater; and $16,655 – water) to the Efficiency, Effectiveness, and Economy Reserve (formerly Vacancy Management Reserve) BE RECEIVED for information; and

c) with respect to the 2011 Transit Area Rate surplus, if any, the Civic Administration BE AUTHORIZED to cancel authorized but unissued debt for transit purposes. (2011-F05-00)

Motion Passed

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

5.	2011 Capital Budget Status - Third Quarter Report

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the December 12, 2011 report on 2011 Capital Budget Status - Third Quarter Report BE RECEIVED for information. (2011F05-00)

Motion Passed

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

6.	City of London Community Arts Investment Program Category 1 - 2012 Award Recommendation

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the Community Arts Investment Program (CAIP) Category 1 funding for the year 2012 of $500,000 BE AWARDED to the Grand Theatre, subject to annual budget approval; it being noted that the source of funding for this grant is contained in the base budget of the Culture Office. (2011-M03-00)

Motion Passed

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

7.	Changes to Council Policies 28(1) and 28(2) Travel and Convention and Council Members Expense Account

Motion made by Councillor P. Hubert to Approve that, notwithstanding the recommendation of the City Treasurer, Chief Financial Officer, the report recommending the introduction of a by-law to amend Council policies 28(1) related to travel and business expenses and 28(2) related to the Council Members’ expense account to:

a) approve the revised Travel and Business Expense Policy, with respect to reimbursement of travel and business expenses for all elected and appointed officials as well as all City of London employees;

b) approve the revised Council Members’ Expense Account Policy, with respect to the annual sum allocated to the Members of Council for expenses incurred while acting as Members of Council; and

c) authorize the City Treasurer, Chief Financial Officer or designate to undertake all the administrative acts that are necessary in connection with these policies,

BE REFERRED back to the Civic Administration to bring the proposed policy changes into conformance with recent policy changes pertaining to reimbursement for use of personal vehicles by Elected Officials, provide more clarity with respect to eligible expenses of a spouse and to implement approval requirements for both the Mayor and Members of Council as it relates to out-of-town business. (2011-G01-00)

Motion Passed

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

8.	Advisory Committee Review

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the City Clerk, the following actions be taken in relation to the Municipal Council’s advisory committees:

a) the recommendations contained in ~~attached~~ Appendix “A” and Appendix “B” BE APPROVED;

b) the City Clerk BE DIRECTED to consult with the advisory committees which are being proposed for amalgamation (i.e. Advisory Committee on the Environment, Trees and Forests Advisory Committee, Agricultural Advisory Committee and the Environmental and Ecological Planning Advisory Committee) to obtain their input with respect to representation on the amalgamated committees, so as to ensure the appropriate level of technical and non-technical representation, and to report back at the January 16, 2012 meeting of the Finance and Administrative Services Committee with supporting changes to:

i) the advisory committees’ terms of reference;

ii) Council Policy 5(16) – Policies for Advisory Committees; and

c) the City Clerk BE DIRECTED to update existing orientation materials for advisory committee members by incorporating the materials as outlined in the ~~attached~~ Appendix “A” and Appendix “B”.

Motion Passed

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

9.	London Bid for Federation of Canadian Municipalities (FCM) 2013 and 2014 Sustainable Communities Conference and Trade Show

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Director of Intergovernmental and Community Liaison, the Civic Administration BE AUTHORIZED to submit a bid for the City of London to host the Federation of Canadian Municipalities’ 2013 and 2014 Sustainable Communities Conference and Trade Show. (2011-A02-02)

Motion Passed

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

10.	Offer from Dancor Forest City Inc. to Purchase Parts 4 and 6, Plan 33R-15731 Forest City Industrial Park

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, with respect to the offer submitted by Dancor Forest City Inc. to purchase approximately 8.0 acres of land located on the northwest corner of Cheese Factory Road and Wilton Grove Road, described as Parts 4 and 6, Plan 33R-15731, as shown on Schedule “C” to this report, the following actions be taken:

a) the offer submitted by Dancor Forest City Inc. to purchase from the City the land noted above in the amount of $520,000.00, reflecting a price of $65,000 per acre, BE ACCEPTED; and

(b) the ~~attached~~ proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012, to approve this transaction and to authorize the Mayor and the City Clerk to execute the Agreement of Purchase and Sale. (2011L15-02)

Motion Passed

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

11.	Declare Surplus and Sale of Part of Closed Old Victoria Road Road Allowance

Motion made by Councillor P. Hubert to Approve that, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager Realty Services, with respect to the City-owned closed Old Victoria Road road allowance described as Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, Reference Plan 33R-18115, containing an area of approximately 1994.7 square meters (0.5 acres), as shown on Schedule “A” ~~attached~~, the Civic Administration BE AUTHORIZED to take the following actions:

a) declare the subject property surplus;

b) accept the offer from Robert Donaldson and Kathleen Donaldson to purchase from the City, Parts 12, 13, 14, 17 and 18, Reference Plan 33R-18115, for a nominal sum of $2.00, subject to the following conditions:

i) Parts 12, 17 and 18 being subject to an easement in favour of Union Gas Limited;

ii) Parts 13 and 17 being subject to an easement in favour of London Hydro;

c) accept the offer from Atchison Machine Service Inc. to purchase from the City, Parts 1, 2, 3, 4, 9, 10, 11,15 and 16, Reference Plan 33R-18115, for a nominal sum of $2.00, subject to the following conditions:

i) Parts 15 and 16 being subject to an easement in favour of Union Gas Limited;

ii) Parts 2, 4, 10 and 16 being subject to an easement in favour of London Hydro;

d) the ~~attached~~ proposed by-laws BE INTRODUCED at the Municipal Council Meeting to be held on January 10, 2012 to approve the sales and to authorize the Mayor and the City Clerk to execute the Agreements of Purchase and Sale;

it being noted that all parcels of land being disposed of will be consolidated with the abutting land owners’ properties to reinstate road frontage and legal access rights as a result of the Old Victoria Road realignment; it being further noted that the Civic Administration has determined that the remnant parcels do not have any other potential use by the City. (2011-L15-01)

Motion Passed

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

12.	Resignation from the Transportation Advisory Committee

Motion made by Councillor P. Hubert to Approve that, the communication dated November 12, 2011, from S. Clark Bryan, resigning his appointment to the Transportation Advisory Committee BE ACCEPTED with regret and the Mayor BE REQUESTED to forward a letter of appreciation to Mr. Bryan.

Motion Passed

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

Pursuant to section 17.2 of the Council Procedure By-law, Councillor M. Brown calls for a separate vote on clause 13.

13.	Light Up London Single Source

Motion made by Councillor P. Hubert to Approve that, on the recommendation of General Manager - Tourism London:

a) the proposal submitted by AVH Live Communications, P.O. Box 207, Suite 1206, 555 Richmond Street West, Toronto, ON M5V 3B1 for the Sound & Light Show presentation for the 2013 World Figure Skating Championships at their proposed price of $597,900, HST extra BE ACCEPTED;

b) the funding for this expenditure BE APPROVED as set out in the Source of Financing Report ~~attached~~ hereto as Appendix “A”;

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

d) the approval hereby given BE CONDITIONAL upon the Corporation negotiating satisfactory terms and conditions with AVH Live Communications to the satisfaction of the acting Director of Roads and Transportation and General Manager of Tourism London; and

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

Motion made by Councillor J.B. Swan and seconded by Councillor B. Polhill to Refer clause 13 back to the Civic Administration to report back with respect to any implications of not proceeding with the proposed Sound and Light Show presentation at the 2013 World Figure Skating Championships.

Motion Failed

YEAS: B. Polhill, J.B. Swan, J.L. Baechler, P. Hubert, H.L. Usher, J.P. Bryant (6)

NAYS: W.J. Armstrong, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown (7)

The motion to adopt clause 13 is put.

Motion Failed

YEAS: B. Polhill, J.B. Swan, J.L. Baechler, P. Hubert, H.L. Usher, J.P. Bryant (6)

NAYS: W.J. Armstrong, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown (7)

14.	Confidential Matters

Motion made by Councillor P. Hubert to Note that the Finance and Administrative Services Committee convened in closed session from 2:00 p.m. to 2:50 p.m., after having passed a motion to do so, with respect to the ~~attached~~ matters.

Motion Passed

Councillor W. J. Armstrong leaves the meeting.

1st Report of the Civic Works Committee

Councillor H. L. Usher Presents

1.	Disclosures of Pecuniary Interest

Motion made by Councillor H.L Usher to Note that no disclosures of pecuniary interest were made.

Motion Passed

YEAS: B. Polhill, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

2.	Election of Vice Chair for the term ending November 30, 2012

Motion made by Councillor H.L. Usher to Note that, Councillor P. Van Meerbergen BE ELECTED as the Civic Works Committee’s Vice-Chair for the term ending November 30, 2012.

Motion Passed

YEAS: B. Polhill, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

3.	No Parking Zone Designations in Forest City Industrial Park

Motion made by Councillor H. L. Usher to Approve that, notwithstanding the recommendation of the Acting Director, Roads and Transportation, consideration of the proposed by-law to amend the Traffic and Parking By-law (PS-111) as it relates to parking on Commerce Road BE DEFERRED for one year to allow the business community in the Forest City Industrial Park time to complete any plans for, and construction of, additional parking and that the London Economic Development Corporation BE ASKED to continue to work with the business community with respect to this matter; it being noted that the Civic Works Committee heard a verbal delegation and received a communication dated December 9, 2011, from P. White, President & C.E.O., London Economic Development Corporation, and received a communication dated November 4, 2011, from I. Welsh, Production Facility Lands and Buildings, Brose Canada Inc., with respect to this matter.

Motion Passed

YEAS: B. Polhill, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

4.	Hyde Park Road Improvements Environmental Study Report: Project Number TS1477

Motion made by H.L. Usher to Approve that, on the recommendation of the Acting Director, Roads and Transportation, Planning, Environmental and Engineering Services, the following actions be taken with respect to the Hyde Park Road Improvements Environmental Study Report, Project Number TS1477:

a) the Hyde Park Road Improvements Environmental Study Report BE ACCEPTED;

b) a Notice of Completion BE FILED with the Municipal Clerk; and,

c) the Hyde Park Road Improvements Environmental Study Report BE PLACED on public record for a 30-day review period;

it being noted that the Civic Works Committee heard the ~~attached~~ presentation from J. Heyninck, Associate, IBI Group, with respect to this matter;

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

R. Dickinson, 1118 St. Anthony Road – indicating that the community has expressed concern with this project, particularly with the scheduling, but is pleased to know that the work will be done in two seasons as opposed to three; noting that a long disruption was a concern; further indicating that there is a traffic congestion problem at the intersection of Hyde Park Road and Oxford Street, where Remark Fresh Market is located; asking that the new business area in the little section between Oxford Street adjacent to the Remark Fresh Market be included in the evaluation for redesign in 2019; lastly, asking that another public participation meeting be held prior to improvements to the Oxford Street portion of the intersection being undertaken.

Motion Passed

YEAS: B. Polhill, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

5.	Committee Orientation

Motion made by Councillor H.L. Usher to Note that the Committee Orientation presentations by the Manager of Legislative Services and the Director of Water and City Engineer BE POSTPONED to the next meeting of the Civic Works Committee to be held on January 23, 2012.

Motion Passed

YEAS: B. Polhill, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

Councillor W. J. Armstrong returns to the meeting.

6.	Fox Hollow Development Area Stormwater Management Facility #2 Depressurization Wells and Groundwater Works

Motion made by Councillor H.L. Usher to Approve that, the following actions be taken with respect to the Fox Hollow Development Area Stormwater Management (SWM) Facility #2 depressurization wells and groundwater works:

a) the Mayor and the City Clerk BE AUTHORIZED to execute an updated agreement with Stantec Consulting Limited (Consultant), 171 Queens Avenue, Suite 800, London, Ontario, Canada, N6A 5J7, to increase the previously approved functional, detailed and contract administration design engineering fees by $126,500, excluding HST, bringing the upset amount from $1,308,430 to $1,434,930, excluding HST, for the said project in accordance with Section 14.5 single/sole source reporting, Procurement of Goods and Services Policy;

b) the financing for this work BE APPROVED as set out in the ~~attached~~ Sources of Financing Report (Appendix A);

c) the consulting fees for the project, identified in a), above, BE IN ACCORDANCE with the estimates on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;

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

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

f) the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to the above-noted recommendations.

Motion Passed

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

7.	Communication and Duration for Maintenance Work

Motion made by Councillor H.L. Usher to Approve that, the matter of communicating the duration of plans and timelines for maintenance work projects (road works, sidewalk repair, street light repair, etc.) to affected neighborhoods and residents BE REFERRED to the Civic Administration to obtain comments from interested Councillors and Corporate Communications, and report back at a future meeting of the Civic Works Committee (CWC); it being noted that the CWC reviewed and received an information report dated December 19, 2011, from the Executive Director, Planning, Environmental and Engineering Services, in response to an inquiry from Councillor M. Brown to the September 12, 2011 Built and Natural Environment Committee, with respect to this matter.

Motion Passed

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

8.	Request to Extend the US Peroxide PRI-SC (TM) Odour Control System Trial on the Dingman, Wonderland and Gordon Avenue Sewer System

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director, Wastewater and Treatment, Planning, Environmental and Engineering Services, the US Peroxide PRI-SC™ odor control system trial on the Dingman, Wonderland and Gordon Avenue Sewer System, BE EXTENDED in accordance with section 14.4 (d) of the Procurement of Goods and Services Policy; it being noted that the total cost of the pilot extension will not exceed $290,000 and will be funded through the existing operating budget.

Motion Passed

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

9.	Status Report for Environmental Assessment Study for Tributary 'C' Drainage Area

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director, Wastewater and Treatment, Planning, Environmental and Engineering Services, the following actions be taken with respect to the environmental assessment study for the Tributary ‘C’ Drainage area:

a) the Mayor and the City Clerk BE AUTHORIZED to execute an agreement with the Munsee-Delaware First Nation’s Consulting Team: Willms Shier Environmental Lawyers LLP and Red Lea Environmental Corporation, 14 Mintwood Court, Brampton, Ontario L6Z 3K2, in the amount of $91,430, excluding HST, for the legal and engineering peer review of the Draft Environmental Study Report (ESR) for the Municipal Class EA Study for the Tributary ‘C’ drainage area in accordance with the final work program and schedule as provided by the Consultants; it being noted that the revised upset total estimated fees cost for this First Nation’s Consultant’s peer review is based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;

b) the approval given herein BE CONDITIONAL upon receiving the First Nation’s confirmation of the finalized peer review work plan ; and,

c) the financing for this work BE APPROVED as set out in the ~~attached~~ Sources of Financing Report (Appendix A).

Motion Passed

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

10.	Appointment of Consulting Engineer for Functional and Detailed Design of the Dingman Creek Stormwater Management Erosion Control Wetland Facility (ES2682)

Motion made by H.L. Usher to Approve that, on the recommendation of the Director, Wastewater and Treatment, Planning, Environmental and Engineering Services, the following actions be taken with respect to the appointment of a consultant for the functional and detailed design of the Dingman Creek Stormwater Management (SWM) Erosion Control Wetland Facility (ES2682):

a) the Mayor and the City Clerk BE AUTHORIZED to execute an updated agreement with the Delcan Corporation (Consultant) 1223 Michael Street, Suite 100, Ottawa, Ontario, K1J 7T2, to increase the contract by $448,000, excluding HST, in order to undertake the Phase 2 functional and detailed design for the said project in accordance with Section 15, Clause 15.2(g) of the Procurement of Goods and Services Policy;

b) the financing for the project BE APPROVED as set out in the ~~attached~~ Sources of Financing Report (Appendix A);

c) the consulting fees for the project identified in a), above, BE IN ACCORDANCE with the estimates, on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;

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

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

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

Motion Passed

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

11.	Water and Sewer Revenue Audit: Staff Response

Motion made by Councillor H.L. Usher to Note that the December 19, 2011 information report from the Director of Water and City Engineer, with respect to staff’s response to the Water and Sewer Revenue Audit, BE RECEIVED.

Motion Passed

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

12.	Amendments to the Traffic and Parking By-law

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Acting Director, Roads and Transportation, the ~~attached~~ proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on January 10, 2012 for the purpose of amending the Traffic and Parking By-law (PS-111).

Motion Passed

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

13.	1st Report of the Transportation Advisory Committee

Motion made by Councillor H.L. Usher to Note that the 1st Report of the Transportation Advisory Committee, from its meeting held on December 6, 2011, BE RECEIVED.

Motion Passed

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

14.	Civic Works Committee Membership for the term December 1, 2011 to November 30, 2012

Motion made by Councillor H.L. Usher to Note that the Municipal Council resolution, adopted at its meeting held on November 21, 2011, with respect to appointments to the Civic Works Committee for the term December 1, 2011 to November 30, 2012, BE RECEIVED.

Motion Passed

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

15.	Request to Increase the Scope of RV Anderson and Associates Related to Preliminary Work on the Expansion of the Greenway Wastewater Treatment Plant (ES 2685)

Motion made by Councillor H.L. Usher to Approve that, on the recommendation of the Director-Wastewater and Treatment, Planning, Environmental and Engineering Services, the following actions be taken with respect to the expansion of the Greenway Wastewater Treatment Plant:

a) the scope for RV Anderson Associates (RVA) BE INCREASED from providing a preliminary design roadmap for the Greenway expansion to include technical services through the Expression of Interest (EOI), the request for Proposals (RFP) and the initial design submissions of the selected consultant; it being noted that this will increase the total fees for RVA on this project from $84,010 to $171,510; and,

b) the financing for this work BE APPROVED as set out in the ~~attached~~ Sources of Financing Report (Appendix A).

Motion Passed

YEAS: B. Polhill, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (11)

NAYS: W.J. Armstrong, S. Orser (2)

16.	Public Participation Meeting Regarding Water Fluoridation in London

Motion made by H.L. Usher to Approve that, on the recommendation of the Director of Water and City Engineer the following actions be taken with respect to water fluoridation in the City of London:

a) a public participation meeting BE HELD on Wednesday, January 25, 2012 at 7:00 pm, for the purpose of receiving public input on water fluoridation, in order to assist the Municipal Council in its decision-making process; and,

b) in order to accommodate all parties who may wish to speak, the meeting BE HELD at Centennial Hall.

Motion made by Councillor S. Orser and seconded by Councillor D.G. Henderson to Amend clause 16 by adding new parts c) and d), to read as follows:

c) an expert, related to flouridization and/or water in general, speaking to the Civic Works Committee BE PERMITTED to speak for up to 20 minutes; and

d) Members of the Civic Works Committee BE PERMITTED to ask questions to experts who may speak at the public participation meeting.

Motion Failed

YEAS: S. Orser, J.L. Baechler, N. Branscombe, D.G. Henderson and D. Brown (5)

NAYS: W.J. Armstrong, B. Pohill, J.B. Swan, M. Brown, P. Hubert, P. Van Meerbergen, H.L. Usher, J.P. Bryant (8)

The Motion to adopt clause 16 is put.

Motion Passed

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

Pursuant to section 17.2 of the Council Procedure By-law, Councillor W.J. Armstrong calls for a separate vote on clause 17.

17.	Street Lighting Request, Lord Nelson School Area - Crime and Safety Concerns

Motion made by Councilor H.L. Usher to Approve that, NO ACTION BE TAKEN with respect to the communication dated November 23, 2011, from Councillor B. Armstrong, with respect to a request for street lighting in the area from Castle Drive to Wexford Avenue.

Motion Passed

YEAS: B. Polhill, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (11)

NAYS: W.J. Armstrong, S. Orser (2)

18.	Veterans Memorial Parkway Noise Study

Motion made by Councillor H.L. Usher to Approve that the Civic Administration BE REQUESTED to work with the Ward Councillor and the residents backing onto Veterans Memorial Parkway (VMP), with respect to conducting further field testing relating to noise levels along the VMP.

Motion Passed

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

Councillor B. Polhill leaves the meeting at 9:52 PM

1st Report of the Strategic Priorities and Policy Committee

Councillor N. Branscombe Presents

1.	2012-2016 Operating Budget Targets

Motion made by Councillor N. Branscombe to Approve the following with respect to the 2012-2016 Operating Budget Targets:

a) That all Boards and Commissions BE ADVISED that it is the Municipal Council’s expectation that their budget submissions adhere to a 1.4% target.

b) That the following actions be taken with respect to the 2012 Budget target:

i) the ceiling for the 2012 Budget target BE SET at 1.4%;

ii) the Boards and Commissions BE REQUESTED to advise of the resulting service impacts of achieving the ceiling target noted in (i), above;

iii) the Civic Administration BE REQUESTED to submit its “A” list of further potential budget reductions beyond the 1.4% target, together with a description of associated service impacts, to the Services Review Committee for consideration;

iv) the Civic Administration BE REQUESTED to also explore further potential budget reductions beyond those contained in the “A” list, and their associated service impacts;

it being noted that the Strategic Priorities and Policy Committee heard a verbal delegation from the City Manager, received a Municipal Council resolution dated May 31, 2011 and a staff report from the City Treasurer, Chief Financial Officer, resubmitted from May 10, 2011, with respect to this matter.

Recorded Vote:

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

NAYS: (0)

The Motion to adopt clause 1(b)(i) is put.

Motion Passed

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

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

The Motion to adopt the remainder of clause 1 is put.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (10)

NAYS: S. Orser, D.G. Henderson (2)

2.	Tabling of the 2012 Draft Budget

Motion made by Councillor N. Branscombe to Approve that, the 2012 Draft Budget BE RECEIVED and BE REFERRED to the 2012 Budget review process; it being noted that the Strategic Priorities and Policy Committee heard the ~~attached~~ presentation from the City Treasurer, Chief Financial Officer and the Director, Financial Planning and Policy, with respect to this matter.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (10)

NAYS: S. Orser, D.G. Henderson (2)

3.	City of London Strategic Plan

Motion made by Councillor N. Branscombe to Note that, the verbal delegation from the Director of Corporate Communications with respect to the “City of London Strategic Plan” and the “Update from the City” documents BE RECEIVED.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (10)

NAYS: S. Orser, D.G. Henderson (2)

2nd Report of the Strategic Priorities and Policy Committee

Councillor D.G. Henderson Presents

1.	Disclosures of Pecuniary Interest

Motion made by Councillor D.G. Henderson to Note that:

a) Councillor D. Brown disclosed a pecuniary interest in clause 4 of this Report having to do with the London 2030 Transportation Master Plan as it relates to London Transit by indicating that her employer has a contract with London Transit; and

b) Councillor M. Brown disclosed a pecuniary interest in clause 5 of this Report having to do with Accommodation Review Committees for the Thames Valley District School Board (TVDSB) by indicating that he is employed by the TVDSB.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

2.	Budget App Winner Announcement

Motion made by Councillor D.G. Henderson to Note that the Mayor announced the following winners of the City of London’s contest to create budget-related technology applications (“apps”):

Best Designed/User Experience: Do it Yourself London by Gavin and Zoe Blair, Shannon Gallagher, Denise Spiessens and Shawn Adamsson.

Top Solo Submission: Noah Stewart

Best Team Submission: Do it Yourself London by Gavin and Zoe Blair, Shannon Gallagher, Denise Spiessens and Shawn Adamsson; and

Grand Prize: Steven Shelby.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

3.	Budget Orientation

Motion made by Councillor D.G. Henderson to Approve that, the ~~attached~~ presentation from the Director of Financial Planning and Policy BE RECEIVED; and the “A List” of Suggested additional budget cuts BE REFERRED to the upcoming meeting of the Services Review Committee for consideration and recommendation to the Municipal Council as part of the 2012 Budget process.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

4.	London 2030 Transportation Master Plan Evaluation of Growth and Intensification Factors

Motion made by Councillor D.G. Henderson to Approve that, the following actions be taken with respect to the London 2030 Transportation Master Plan:

a) a 20-year, annual population growth rate of 2% BE ESTABLISHED in the Transportation Master Plan as a Corporate target, with an annual monitoring program and triggers established to adjust to and accelerate transportation infrastructure investments as the City moves from its current growth rate to this targeted growth rate;

b) a 20-year, annual population growth rate of 1% BE UTILIZED as the baseline for establishing transportation investments, recognizing that this schedule of investments will be accelerated as the City of London moves towards the 2% growth target;

c) through the upcoming review process, Official Plan policies BE ALIGNED with transportation goals, land use, development intensity, and built form for all nodes and corridors through an Urban Structure Plan;

d) a minimum 40% intensification target, including targets for nodes and corridors, BE RECOMMENDED to the Official Plan Review; and

e) the communication from S. Levin, Urban League of London, BE REFERRED to staff for consideration;

it being noted that the Strategic Priorities and Policy Committee heard a summary of the ~~attached~~ presentations from the Acting Director of Roads and Transportation and D. Gordon, AECOM regarding this matter.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, P. Van Meerbergen, H.L. Usher, J.P. Bryant (10)

NAYS: D.G. Henderson (1)

RECUSED: D. Brown (1)

5.	Accommodation Review Committees

Motion made by Councillor D.G. Henderson to Approve that, the City Clerk BE DIRECTED to canvass the Members of Council to determine who is interested in serving on upcoming Accommodation Review Committees being established by the Thames Valley District School Board (TVDSB) as detailed in the communication dated December 7, 2011 from J. Bennett, Chair of the Board, TVDSB, with the Members of Council whose wards will be directly impacted having first right of refusal.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (11)

RECUSED: M. Brown (1)

6.	Councillor J.P. Bryant - Resignation - Services Review Committee

Motion made by Councillor D.G. Henderson to Approve that, the resignation of Councillor J.P. Bryant from the Services Review Committee, effective February 1, 2012, BE ACCEPTED.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

1st Report of the Audit Committee

Councillor P. Hubert Presents

1.	Disclosures of Pecuniary Interest

Motion made to by Councillor P. Hubert to Note that no disclosures of pecuniary interest were made.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

2.	Election of Chair and Vice Chair for the term ending November 30, 2012

Motion made by Councillor P. Hubert to Note that, Councillor P. Hubert BE ELECTED Chair and Councillor M. Brown BE ELECTED Vice Chair of the Audit Committee for the term ending November 30, 2012.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

3.	4th Report of the Audit Committee

Motion made by Councillor P. Hubert to Note, that the 4th Report of the Audit Committee from its meeting held on September 29, 2011 BE RECEIVED.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

4.	PriceWaterhouseCoopers, Internal Auditors - Quarterly Report on Internal Audit Results

Motion made by Councillor P. Hubert to Approve that the following actions be taken with respect to the ~~attached~~ Quarterly Report on Internal Audit Results from PricewaterhouseCoopers:

a) Procurement Bid Process Internal Audit Project –

i) the current policies and practices with respect to approved suppliers and potential blocking of suppliers from bidding on projects BE REVIEWED; and

ii) the Observations and Action Plans included in the above-noted report from PricewaterhouseCoopers BE IMPLEMENTED; it being noted that the recently-adopted Procurement Policy incorporates some of these recommendations;

b) Brownsfield Site Development –

i) the Civic Administration BE DIRECTED to provide an update to the Audit Committee with respect to the previous confidential reports related to an ethics hotline; and

ii) the Action Plan included in the above-noted report from PricewaterhouseCoopers BE IMPLEMENTED;

c) TSD IT Governance - the Action Plan included in the above-noted report from PricewaterhouseCoopers BE IMPLEMENTED; it being noted that a further report back to the Audit Committee with respect to implementation of this Action Plan was requested;

d) JD Edwards IT General Controls - the Action Plan included in the above-noted report from PricewaterhouseCoopers BE IMPLEMENTED; and

e) the proposed Internal Audit Schedule for 2012, as outlined by PricewaterhouseCoopers BE APPROVED.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

1st Report of the Services Review Committee

Councillor N. Branscombe Presents

1.	Disclosures of Pecuniary Interest

Motion made to by Councillor N. Branscombe to Note that no disclosures of pecuniary interest were made.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

2.	Election of Chair and Vice-Chair for term ending November 30, 2012

Motion made by Councillor N. Branscombe to Note that, Councillor N. Branscombe BE ELECTED as Chair, and Councillor J.L. Baechler BE ELECTED as Vice Chair of the Services Review Committee for the term ending November 30, 2012.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

3.	Big Brothers and Sisters

Motion made by Councillor N. Branscombe to Note that, the presentation from Cathy Urquhardt, CEO Big Brother and Big Sisters London and Cheryl Smith, Manager III, Community Partnerships & Funding with respect to the Big Brothers and Big Sisters’ business case for annual core funding from the City of London BE RECEIVED.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

4.	Reforest London

Motion made by Councillor N. Branscombe to Approve that, the business case for The Million Tree Challenge submitted by ReForest London, in the amount of $100,000, BE REFERRED to a future meeting of the Services Review Committee (SRC) for additional consideration with related items, and with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget; it being noted that the SRC received a presentation from Julie Ryan and Katie Van Den Berg, Reforest London, with respect to this matter.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

5.	Veterans Memorial Parkway - Parks & Horticulture

Motion made by Councillor N. Branscombe to Approve that, the business case for the Veterans Memorial Parkway Service Level Enhancement BE REFERRED to a future meeting of the Services Review Committee (SRC) for additional consideration and with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget; it being noted that there is additional information expected to be brought forward as a result of on-going discussion with other parties involved in this project.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

6.	Service Reviews

Motion made by Councillor N. Branscombe to Approve that, the business case for Service Reviews, in the revised amount of $100,000, BE REFERRED to a future meeting of the Services Review Committee for additional consideration and with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

7.	Additional Information for Consideration in Budget Referrals - SOHO, Downtown Parking Pay and Display and Parking Initiative

Motion made by Councillor N. Branscombe to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the following business cases BE REFERRED to a future meeting of the Services Review Committee for additional consideration a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget:

(a) SOHO Streetscape Improvement;

(b) Downtown Parking Pay and Display Meters; and,

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

8.	Suspended Review of Remaining Business Plans

Motion made by Councillor N. Branscombe to Approve that, on the recommendation of the City Treasurer, Chief Financial Officer, the review of the remaining 2012-2016 Business Plans BE DEFERRED to a future meeting of the Services Review Committee, following final approval of the 2012 Operating and Capital Budgets.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

9.	Glanworth Library Branch Business Case

Motion made by Councillor N. Branscombe to Approve that, NO ACTION BE TAKEN with respect to the Glanworth Library Branch business case; it being noted that the Library Board has amended its previous decision related to closing the Glanworth Branch by December 31, 2011.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

10.	Closed Circuit Television Surveillance Cameras

Motion made by Councillor N. Branscombe to Approve that, the proposed installation of closed circuit television surveillance cameras in the Old East Village Area, in the amounts of $100,000 (capital) and $40,000 (operating), BE REFERRED to a future meeting of the Services Review Committee (SRC) for additional consideration and with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

11.	Additional 2012 Budget Considerations

Motion made by Councillor N. Brascombe to Approve that. the Members of the Services Review Committee held a general discussion and noted various matters for consideration during the review of business cases, with a recommendation to be forwarded to the Municipal Council in conjunction with the 2012 Budget. These included, but were not limited to: incineration; forestry (Emerald Ash Borer); provision of technical services; fire services; use of consultants; centralized units (fleet, technology, finance); development charges (implementation at a different phase); enforcement (and associated fines) related to the boundaries of environmentally sensitive areas; increasing the cost of industrial lands; golf course operation; other services provided by the public sector; sale of surplus equipment and the sale of assets.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

VIII

DEFERRED MATTERS

None.

IX	ENQUIRIES

None.

X	EMERGENT MOTIONS

None.

Councillor S. Orser leaves the meeting at 10:00 PM

XI	BY-LAWS

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

Motion made by Councillor M. Brown and seconded by Councillor P. Hubert to Approve 1st reading of Bill Nos. 25 to 51, inclusive, revised Bill No. 52, Bill Nos. 53 and 55, revised Bill No. 56 and Bill No. 57.

Motion Passed

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

Motion made by Councillor D. Brown and seconded by Councillor P. Hubert to Approve 2nd reading of Bill Nos. 25 to 51, inclusive, revised Bill No. 52, Bill Nos. 53 and 55, revised Bill No. 56 and Bill No. 57.

Motion Passed

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

Councillor S. Orser returns to the meeting at 10:08 PM

Motion made by Councillor P. Hubert and seconded by Councillor S. Orser to Approve third reading of Bill Nos. 25 to 51, inclusive, revised Bill No. 52, Bill Nos. 53 and 55, revised Bill No. 56, Bill No. 57 and Bill No. 460.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

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

Bill No. 460, By-law No. DR-101-307

A by-law to provide for a Drainage Works in the City of London. (Construction of the Glanworth Municipal Drain - 2011) (1st/Court of Revision)

Bill No. 25, By-law No. A.-

A by-law to confirm the proceedings of the Council Meeting held on the 10th day of January, 2012. (City Clerk)

Bill No. 26, By-law No. A.-

A by-law to delegate authority to the Executive Director Planning, Environmental & Engineering Services to execute, on behalf of the City of London as the adjacent property owner, a limiting distance (no-build) agreement for the property at 725 Third Street. (19/1/PEC)

Bill No. 27, By-law No. A.-

A by-law to authorize and Agreement of Purchase and Sale between The Corporation of the City of London and Robert Donaldson and Kathleen Donaldson to purchase a portion of the City owned Old Victoria Road, road allowance, being parts 12, 13, 14, 17 and 18, Reference Plan 33R-18115, and to authorize the Mayor and City Clerk to execute the Agreement. (11/2/FASC)

Bill No. 28, By-law No. A.-

A by-law to authorize and Agreement of Purchase and Sale between The Corporation of the City of London and Atchison Machine Service Inc. to purchase from the City a portion of the City owned Old Victoria Road road allowance, being Parts 1, 2, 3, 4, 9, 10, 11, 15 and 16, Reference Plan 33R-18115, and to authorize the Mayor and City Clerk to execute the Agreement. (11/2/FASC)

Bill No. 29, By-law No. A.-

A by-law to authorize an Agreement of Purchase and Sale between The Corporation of the City of London and Dancor Forest City Inc., and to authorize the Mayor and City Clerk to execute the Agreement. (2/FASC)

Bill No. 31, By-law No. L.S.P.-

A by-law to authorize an application to expropriate lands in the City of London in the County of Middlesex for the Southdale Road West widening project. (from Wonderland Road South to Wharncliffe Road South) (7/27/FAC-2011)

Bill No. 32, By-law No. PS-111-12101

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

Bill No. 33, By-law No. S.-

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

Bill No. 34, By-law No. S.-

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As part of Sugarcreek Trail; And A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As widening to Beaverbrook Avenue, south of Proudfoot Lane)). (Chief Surveyor)

Bill No. 35, By-law No. S.-

A by-law to lay out, constitute, establish and assume lands in the City of London as public highway. (As widening to Commissioners Road West, east of Nottinghill Road; and As widening of Commissioners Road West, west of Nottinghill Road) (Chief Surveyor)

Bill No. 36, By-law No. S.-

A by-law to permit 2136198 Ontario Limited to maintain and use an encroachment upon the road allowance for Hamilton Road, City of London. (City Solicitor)

Bill No. 37, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Talbot Village – Phase 1B; Plan No. 33M-494) (Director of Water Engineering & City Engineer)

Bill No. 38, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Uplan Hills – Phase 5A; Plan No. 33M-522) (Director of Water Engineering & City Engineer)

Bill No. 39, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Talbot Village – Phase 1A; Plan No. 33M-458) (Director of Water Engineering & City Engineer)

Bill No. 40, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Sugarcreek Village Development) (Director of Water Engineering & City Engineer)

Bill No. 41, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Crestwood – Phase 1; Plan No. 33M-294) (Director of Water Engineering & City Engineer)

Bill No. 42, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Crestwood West – Phase 1; Plan No. 33M-531) (Director of Water Engineering & City Engineer)

Bill No. 43, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Northridge Village; Plan No.33M-588) (Director of Water Engineering & City Engineer)

Bill No. 44, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Kilally Glen – Phase 1A; Plan No. 33M-370) (Director of Water Engineering & City Engineer)

Bill No. 45, By-law No. S.-

A by-law to stop up and close part of Crestwood Drive south of Longworth Road in the City of London. (5/27/BNEC)

Bill No. 46, By-law No. S.-

A by-law to assume certain works and services in the City of London. (Upland Hills – Phase 2; Plan No. 33M-449) (Director of Water Engineering & City Engineer)

Bill No. 47, By-law No. S.-

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

Bill No. 48, By-law No. S.-

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

Bill No. 49, By-law No. Z.-1-122067

A by-law to amend By-law No. Z.-1 to renumber a special provision zone relating to an area of land located at 1311 and 1451 Wharncliffe Road South. (2/1/PEC)

Bill No. 50, By-law No. Z.-1-122068

A by-law to amend By-law No. Z.-1 to renumber a special provision zone relating to an area of land located at 655-685 Fanshawe Park Road West. (2/1/PEC)

Bill No. 51, By-law No. Z.-1-122069

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 530 Oxford Street West. (5/1/PEC)

Bill No. 52, By-law No. Z.-1-122070

A by-law to amend by-law No. Z.-1 to rezone an area of land located at 2014 and 2234 Wilton Grove Road and 3700 Old Victoria Road. (15/1/PEC)

Bill No. 53, By-law No. Z.-1-122071

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 35 Southdale Road East. (16/1/PEC)

Bill No. 55, By-law No. Z.-1-122073

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for the southerly portion of land located at 495 Oakridge Drive. (21/1/PEC)

Bill No. 56, By-law No. A.-

A by-law to appoint Tim Dobbie as City Manager of The Corporation of the City of London. (City Clerk)

Bill No. 57, By-law No. L.S.P.-

A by-law to authorize an application to expropriate lands in the City of London in the County of Middlesex for the Dingman Creek Erosion Control Wetland Facility Project (south side of Dingman Drive, east of Wonderland Road South). (6/30/FAC-2011)

Bill No. 460, By-law No. DR-101-307

A by-law to provide for a Drainage Works in the City of London. (Construction of the Glanworth Municipal Drain - 2011) (1st/Court of Revision)

XII

COMMITTEE OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Motion made by Councillor P. Hubert and seconded by Councillor H.L. Usher that Council rise and go into Committee of the Whole, in closed session for the purpose of considering the following:

A matter pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the decommissioning of City owed lands known as the South Street Campus currently leased and occupied by London Health Sciences Centre; a proposed or pending acquisition or disposition of land by the municipality; and for the purpose of a vote for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under a contract with the municipality.

A matter pertaining to labour relations and employee negotiations, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, concerning the Application of The Corporation of the City of London for judicial review of the Award of Arbitrator Stephen Raymond dated January 24, 2011 with respect to London Civic Employees’ Local Union No. 107 Group Grievance 508-06 and Policy Grievance 902-07 regarding the Equipment Operator 2 job evaluation.

A matter pertaining to labour relations and employee negotiations, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instruction and direction to officers and employees of the Corporation.

d)	A matter pertaining to employee negotiations, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instruction and direction to officers and employees of the Corporation.

Motion Passed

YEAS: W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (12)

The Council rises and goes into closed session at 10:08 p.m., with all members present except, Mayor J.F. Fontana and Councillors B. Polhill and S.E. White.

Motion made by Councillor N. Branscombe and seconded by Councillor J.L. Baechler that pursuant to section 2.4 of the Council Procedure By-law, section 11.10 of the said by-law be suspended for the purpose of permitting the meeting to proceed beyond 11:00 p.m.

Motion Passed

At 10:55 PM all staff leave the meeting except J.P. Barber, V. McAlea Major, L.M. Rowe, C. Saunders and B. Westlake-Power.

The Committee rises and Council resumes in regular session at 10:58 p.m.

2nd Report of the Committee of the Whole

Councillor D. Brown presents the 2nd Report of the Committee of the Whole.

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

ALSO PRESENT: J.A. Fielding, J.P. Barber, G. Belch, K. Dawtrey, J.M. Fleming, M. Hayward, L.M. Rowe, V McAlea Major and B. Westlake-Power.

Motion made by Councillor D. Brown reported progress with respect to the following matters:

A matter pertaining to labour relations and employee negotiations, litigation or potential litigation, including matters before administrative tribunals, affecting the municipality, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instruction and direction to officers and employees of the Corporation.

d)	A matter pertaining to employee negotiations, advice or recommendations of officers and employees of the Corporation including communications necessary for that purpose and for the purpose of providing instruction and direction to officers and employees of the Corporation.

XIII

ADJOURNMENT

Motion made by Councillor H.L. Usher and seconded by Councillor J.B. Swan to Adjourn.

Motion Passed

The meeting adjourned at 10:59 PM

_________________________________

Joe Fontana, Mayor

_________________________________

Catharine Saunders, City Clerk

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