April 10, 2012, at 5:00 PM

Original link

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

I.   RECOGNITIONS

1.   Disclosures of

Pecuniary Interest

No pecuniary interests were disclosed.

2.   Public Nuisance By-law

That the following actions be taken with respect to the attached proposed Public Nuisance By-law entitled “A by-law to prohibit and regulate public nuisances within the City of London”, in order to address nuisance parties and gatherings;   a)        the Public Safety Committee (PSC) supports in principle the proposed Nuisance By-law;   b)        that the proposed by-law BE REFFERED to a special PSC meeting to be held in May 2012;   c)        the proposed by-law BE REFERRED to Civic Administration and the Town and Gown Committee for further review;   d)        the Near Campus Strategy, including modification of zoning by-law,  BE CIRCULATED to Municipal Council and the Town and Gown Committee;   e)        the Civic Administration BE REQUESTED to contact the Ministry of Municipal Affairs and Housing to discuss possible changes to the Planning Act to restrict the number of students per household; and,   f)         the Town & Gown Committee BE REQUESTED to review the possibility of enacting a Student Code of Conduct;   it being noted that the Public Safety Committee heard the attached presentation from the Manager, Bylaw Enforcement, and a verbal delegation from B. Duncan, Chief,  and received written submissions from the following, with respect to this matter;   -           D. Pellarin, dated April 2, 2012 -           E. A. Smuck, dated March 30, 2012 -           H. W. Rundle, dated March 30, 2012 -           A. Mahon, dated March 29, 2012 -           F. Fontaine, dated March 29, 2012 -           M. MacLean, dated March 29, 2012 -           V. F. Norejko, dated March 22, 2012 -           C. Engelmeyer, dated April 1, 2012 -           G. Wild & J. Kasperski Wild, dated April 2, 2012 -           C. Joles, dated April 2, 2012   it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith;   -           Joe Hoffer, Cohen Highley – advising that the London Property Management Association (LPMA) supports the by-law; noting that LPMA has approximately 500 members; advising that the LPMA rents to students and that the vast majority are good tenants; indicating that this is of equal concern to all landlords, as all landlords have an interest in their properties; recommending that the Council seek the ability of the Province to get unpaid fines collected through the issuance/renewal of drivers licenses; advising that a weakness is the prohibition of one or any items such as litter on the lawn; recognizing that the intent is the nuisance parties and indicating that it is overreaching as any citizen can call the Police. -           Dennis Pellarin, 1019 Waterloo Street – providing comments as outlined in the attached communication. -           O. Hobson, 43 Evergreen Avenue – expressing opposition to the proposed by-law; indicating that the by-law is being rammed through as a quick fix; advising that it increases the discretionary powers of the police; indicating that the police are the after-hours by-law enforcement already;  advising that there should be an honest public review;  enquiring as to why the failure happened; indicating that there is no sense of respect, which needs to be taught; requesting a review of the efforts being undertaken; advising that there have been positive initiatives undertaken, such as the public gardens; indicating that the prevention of the behavior should be focused on and advising that this is not a positive by-law. -           Michael, resident of London – suggesting that the preventative measures should be creative; and that partying is the first priority for students, with learning being the second priority. -           Derek McBurney, #4-406 South Street – advising that a loophole of the by-law is that it doesn’t determine how to handle a person who doesn’t take responsibility and advising that small groups are invited to parties and it gets out of control. -           Pauline House, resident of London – indicating that she lives in Huron Heights, Phase 1 and expressing panic when a for sale sign goes up that her area is next,  advising that there should be no tolerance for these instances; advising that the residents are working to engage the students; enquiring as to how this gets controlled so that it doesn’t happen; advising that at 3:30 p.m. on St. Patrick’s Day, students were throwing cups at cars and pedestrians on Cheapside Street; enquiring as to how to make those responsible pay fines and enquiring as to whether or not a limit on the number of students living in one house can be enforced. -           Dave Jones – enquiring as to who has the authority to order the by-law to be in effect; and enquiring as to what constitutes a party; it being noted that Police Chief Brad Duncan responded to Mr. Jones’ enquiries. -           Rene, resident of London – expressing opposition to the by-law; and enquiring why the community has to be punished for the actions of some students. -           Greg Anthony – advising that he is a London Property Management Association member and a real estate representative; advising that 1/3 of the group involved in the March 17th incident were minors; enquiring as to  how this by-law addresses minors; and suggesting that parents be held accountable. -           Veronica Barahona, Fanshawe Student Union – advising that this is not a campus issue; advising that the by-law is too immediate and too reactive; recommending that the Town and Gown Committee review this by-law as it targets students. -           Steve, resident of London – indicating that he is a proud Fanshawe College graduate; advising that he delivered a proactive proposal to Fanshawe College, the London Police and Ward Councillors a couple of weeks ago; and enquiring as to why the Liquor Control Board of Ontario is not contacted as to how minors were able to get alcohol. -           Valerie Miretti, resident of London – advising that she lives near the University of Western Ontario and is currently attending Fanshawe College; indicating that the proposed measures are fine and indicating that the citizens are helping. -           Patrick Searle, University of Western Ontario Students Council – advising that students and leaders support the economy; advising that the majority are good students, with a few bad apples; enquiring as to who is responsible for the overflow on someone else’s lawn; enquiring as to whether or not the proposed by-law is proactive or reactive and encourage that everyone stand together. -           William Rosas – indicating that the government has gone too far as the by-law restricts freedom; advising that the by-law is too vague; indicating that allowing discretion is too dangerous and that the by-law infringes on civil rights. -           Peter Tamburas – advising that this is an ethical issue and enquiring as to how the incident on Fleming Drive justifies the proposed by-law. -           Rocky Miretti – expressing support for the proposed by-law; advising that the by-law shows accountability; advising that it protects the integrity of the neighburhoods in the community; advising that the number of rental properties is increasing; and suggesting that someone look at repeat complaints about rental properties and address the problem properties. -           Eugene Petroli – enquiring as to whether Police receive advice when a party exceeds fire by-laws; and recommending that students be proactively educated on the fire code and acceptable occupancy. -           Wayne Hargrove, resident of London – expressing support for the proposed by-law; advising that he moved out of Fleming Drive in 2009 because his family feared for their safety; advising that 3 or more people constitutes an unlawful assembly and enquiring as to whether or not you can restrict the use of glass in specific areas. -           Joanna – advising that the by-law is reactive. -           Heather Enger – Hartlet St – indicating that she doesn’t understand why these parties are held on the front lawn; advising that she did not see the police on St. Patrick’s Day; advising that she is a landlord and lives in the area of her rental property; advising that she has fantastic students and that the rental property is an investment; indicating that she has previously complained to By-law Enforcement about the number of students living in a house; enquiring as to how we enforce 2 and 3 bedroom units being listed as 4 and 5 bedroom units and requesting that the by-law not be rushed through as there is enough power without updating the by-law. -           Darryl Torium – advising that he is a local landlord; indicating that he has had great success with students and they do contribute to the community; advising that this was a few bad apples; advising that he has tenants he has been attempting to evict for the last three months; indicating that he would like to add something to the by-law to give the University of Western Ontario and Fanshawe College the power to penalize, such as withholding grades or expelling students for their behavior. -           Bill Brock – advising that respect needs to be given from both sides; advising that Civil unrest is not a reason to riot or defy authority; advising that this is off-campus authority; indicating that a solution would be for Fanshawe College to buy up the area properties and control the housing; and requesting the the community be given more time for dialogue. -           Brian Gibson – advising that he lives in Ward 2; enquiring as to whether or not landlords can be encouraged to self-police their own property; advising that there is a need to address the event spillover onto other properties; encouraging more public participation with the students and the community; advising that there is always more that can be done and recommending that healthy activities for students be encouraged. -           Edgar Allen Smuck, 928 Western Road – presenting information included on the Public Safety Committee Added Agenda. -           Amanda Alison – advising that she is a Fanshawe College graduate; indicating that social media invites everyone to a party; and enquiring as to whether or not the social media can be monitored so that events can be nipped in the bud. -           Darryl Bedford, OPSEU President – advising that many students are affected and the reputation of the College is on the line. -           Michael Dee – advising that he is an area resident and landlord; advising that he agrees with instituting a code of conduct; indicating that a damage deposit is another tool used in other communities; and it may help the landlord to improve tenant accountability. -           Joanna Markum – advising that Fanshawe opens up their green space and parking lots to host large parties. -           Meredith Fontaine – enquiring as to how often the Police are called onto campus for party issues; advising that students don’t belong in residential family homes; indicating that there was no police presence from 8:30 a.m. to 4:30 p.m., the following day; and indicating that this issue has been discussed for 15 years. -           Ted WillIams – expressing support for this proactive step; advising that the problems on Fleming Drive are Fanshawe College’s responsibility; indicating that Fanshawe should be held responsible for student behaviour and advising that it is the cost of doing business. -           Sandra Boerson – indicating that this is reactive; indicating that this only deals with a small part of the problem; advising that being connected and encouraging engagement doesn’t help; advising that the party should have been stopped at 200 people; advising that a mattress was burnt near the University of Western Ontario on the same night; advising that there are not enough police; advising that codes of conduct do make a difference and the students get the message that no one cares. -           Irvine – advising that he lives north of Cheapside Street; indicating that a majority of the students are fabulous; enquiring as to whether or not there is a law limiting rental properties, how many students are allowed in each house, the fire regulations, and parking for cars; and advising that rental property is a business venture in a residential area. -           Cynthia Eldridge, Second St – spoke to the need to provide positive role models for the students through the use of community organizations. -           Barb Louanny – advising she was originally informed that this area was zoned as single-family homes but recently was advised that it is no longer zoned for single-family residences and enquiring as to what has changed. -           Shirley Williams - indicating support for the by-law and concerns for resale value of homes in the neighbourhood and enquiring whether steps are in place for the May 24th weekend.

Moved by Councillor J.P. Bryant

Seconded by Councillor J.B. Swan

Amend clause 2, to add a new part g) as follows:   g)        the London Police Services Board BE REQUESTED to ask the Chief of Police to submit a report to the Public Safety Committee, after each occasion where, if adopted, this by-law is utilized, providing information on why the by-law was utilized; if the situation in question was extraordinary; what occurred; and, in retrospect, if the by-law was necessary to address the situation.

Motion Passed

Motion Passed

3.   Developing

Council’s Investment and Economic Prosperity Plan

That, on the recommendation of the City Treasurer, Chief Financial Officer and the Director of Corporate Communications, the following actions be taken with respect to the development of Council’s Economic and Investment Economic Prosperity Plan and the associated communications plan:   a)        the approach, process, timetable and next steps for the development of a 10-year Plan identified within the attached presentation entitled “Developing Council’s Investment and Economic Prosperity Plan”, dated March 27, 2012 from the City Treasurer, Chief Financial Officer, BE APPROVED; and,   b)        the next steps for the development of an associated communications plan identified within the presentation entitled “Investment & Economic Prosperity Plan - Communicating the Plan; Engaging the Public”, dated March 27, 2012 from the Director of Corporate Communications, BE APPROVED.

4.   Housing and the

Economy

Moved by and

Seconded by to Approve Motion

Approve that the communication dated March 2, 2012 from the London and St. Thomas Association of Realtors, with respect to Housing and the Economy, BE RECEIVED.

II.   DISCLOSURES

OF PECUNIARY INTEREST

III.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE SIXTH MEETING HELD ON MARCH 20 AND 21, 2012

Moved by Councillor P. Van Meerbergen

Seconded by Councillor B. Polhill

Approve the Minutes of the Sixth Meeting held on March 20 and 21, 2012.

Motion Passed

Motion Passed

IV.   REVIEW

OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

V.   COMMUNICATIONS AND

PETITIONS

Moved by Councillor P. Van Meerbergen

Seconded by Councillor D. Brown

Approve that Council rise and convene as the Approval Authority at 5:24 PM pursuant to the provisions of the Expropriations Act, R.S.O. 1990, c. E. 26, as amended, for the purpose of considering Communication 1 from the Managing Director – Corporate Assets, dealing with the proposed expropriation of lands for the Southdale Road West Road Widening Project, between Wharncliffe Road South and Wonderland Road South.

Motion Passed

Motion Passed

VI.   MOTIONS

OF WHICH NOTICE IS GIVEN

VII.   ADDED REPORTS

VIII.   REPORTS

5.   Tools and

Incentives to Attract Businesses to London

That the Civic Administration BE DIRECTED to bring back a report with recommended tools and incentives to attract businesses to London.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Approve clauses 1 and 2.

6.   Emergency

Repair-Greenway 4 Final

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to section 14.2 of the Procurement of Goods and Services Policy and the emergency repair of the section three, number four final clarifier at the Greenway Wastewater Treatment Plant (Project ES5084):   a)        the final price of $88,494.99, excluding H.S.T., for the repair, as submitted by Yarmouth Crane Service, 9462 Tower Road, RR#3, St. Thomas, Ontario, BE ACCEPTED; and,   b)        the financing for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012.  (2012-W06-00)

7.   Single Source Purchase and

Installation of River Level Monitoring Gauges

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the purchase and installation of river level monitoring gauges (ES2497):   a)        approval BE GIVEN to enter into negotiations with the Upper Thames River Conservation Authority for the purchase and installation of additional river level gauges;   b)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract or purchase; and,   c)         the approval BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter. (2012-F13-00)

The motion to Approves clauses 6 and 7 is put.

Motion Passed

Motion Passed

8.   Sanitary Servicing

Agreement with London District Catholic School Board

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the sanitary servicing for the Regina Mundi College and Catholic Education Centre, Municipal Numbers 5200 and 5250 Wellington Road South, London, Ontario, N6A 4X5:   a)         the attached Partnership Agreement between The Corporation of the City of London and the London District Catholic School Board for sanitary servicing, BE APPROVED; and,   b)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to this recommendation.

Moved by Councillor H.L. Usher

Seconded by Councillor D. Brown

Amend clause 8 to read:   That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on April 10, 2012 to:   a)        approve the attached Agreement between The Corporation of the City of London and the London District Catholic School Board for sanitary servicing for the Regina Mundi College and Catholic Education Centre, Municipal Numbers 5200 and 5250 Wellington Road South, London, Ontario, N6A 4X5; and,   b)        authorize the Mayor and the City Clerk to execute the Agreement approved in a), above, and any contract or other documents, if required, to give effect to this Agreement.

Motion Passed

Motion Passed

9.   Talbot Street Brick

Sewer Rehabilitation ES2523, ES2693

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the construction of the Talbot Street Brick Sewer Rehabilitation (ES2523 and ES2693):   a)        the proposal submitted by Liqui-Force Services, 2015 Spinks Drive, Kingsville, Ontario, at its price of $1,512,451.25, excluding H.S.T., for the construction of the Talbot Street Brick Sewer Rehabilitation BE ACCEPTED; it being noted that Liqui-Force Services was the only contractor to respond to a Request for Proposal and their submission meets the City’s specifications and requirements in all areas;   b)        the financing for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,   d)        the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and for the work to be done relating to this project.  (2012-W10-00)

10.   Contract Extension

Sewer Liners - Cured in Place Pipe (CIPP) (Tender 11-36)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and installation of sewer liners, Cured in Place Pipe (CIPP):   a)        the contract with Insituform Technologies Limited, 3 Burford Road, Hamilton, Ontario, L8C 3C6, for the supply and installation of sewer liners, BE EXTENDED for one year, with a total value of $2,650,000, excluding H.S.T., beginning April 11, 2012 to March 31, 2013;   b)        the funding for this purchase BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this service contract; and,   d)        the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2012-W10-00)

11.   2012 Infrastructure

Lifecycle Renewal Program Contract # 4 Glebe, Lyle and Hewitt Street Reconstruction (Tender 12-04)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the 2012 Infrastructure Lifecycle Renewal Program, Contract # 4, for the Glebe Street, Lyle Street and Hewitt Street reconstruction project (EW3765-12, ES2414-12, TS4067-11):   a)        the bid submitted by Bre-Ex Limited, 247 Exeter Road, London, Ontario, N6L 1A5, at its tendered price of $1,329,517.40, excluding H.S.T., for the 2012 Infrastructure Lifecycle Renewal Program, Contract # 4, BE ACCEPTED; it being noted that the bid submitted by Bre-Ex Limited was the lowest of five bids received and meets the City’s specifications and requirements in all areas;   b)        Delcan Corporation, 1069 Wellington Road South, Suite 214, London, Ontario, N6E 2H6, BE AUTHORIZED to carry out the resident inspection and the contract administration for the said project in accordance with the estimate on file, at an upset amount of $158,027.10, excluding H.S.T.; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)        minor future additional annual operating costs of $2,000.00 BE RECOGNIZED as a result of this project; it being noted that these costs are a result of new infrastructure installation and will be considered and accommodated within future Wastewater and Treatment operating budgets;   d)        the financing for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report dated April 2, 2012 ;   e)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   f)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 12-04); and,   g)        the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2012-S08-00)

12.   2012 Infrastructure

Lifecycle Renewal Program Contract # 6: St. George and Sydenham Street Reconstruction (Tender 12-08)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the 2012 Lifecycle Renewal Program, Contract #6 for the St. George Street and Sydenham Street Reconstruction Project (ES2414-12, EW3765-12):   a)        the bid submitted by Omega Contractors Inc. (Omega), 4104 Breck Avenue, London Ontario, N6L 1B5, at its tendered price of $1,647,266.90, excluding H.S.T., for the 2012 Infrastructure Lifecycle Renewal Program, Contract #6 project, BE ACCEPTED; it being noted that the bid submitted by Omega was the lowest of ten bids received and meets the City’s specifications and requirements in all areas;   b)        AECOM Canada Ltd., 410 – 250 York Street, Citi Plaza, London, Ontario, N6A 6K2, BE AUTHORIZED to carry out the resident inspection and the contract administration for the said project in accordance with the estimate, on file, at an upset amount of $149,935.50, excluding H.S.T.; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)        minor future additional annual operating costs of $600.00 BE RECOGNIZED as a result of this project, it being noted that these costs are a result of new infrastructure installation and will be considered and accommodated within future Wastewater and Treatment operating budgets;   d)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   e)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   f)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project; and,   g)        the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2012-S08-00)

13.   2012 Arterial Road

Rehabilitation Contract (Tender 12-13)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the 2012 Arterial Road Rehabilitation (TS1446-12):   a)        the bid submitted by Dufferin Construction Company, P.O. Box 189, 2200 Jetstream Road, London, Ontario, N6A 4V7, at its submitted tendered price of $7,795,804.00, excluding H.S.T., for the 2012 Arterial Road rehabilitation, BE ACCEPTED; it being noted that the bid submitted by Dufferin Construction Company was the lowest of two bids received and meets the City’s specifications and requirements in all areas; it being further noted that there is no anticipated additional operating costs to the Planning and Environmental and Engineering Services budget in 2013 and subsequent years associated with approval of this tender;   b)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)        the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project; and,   e)        the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations; and,   it being noted that the Civic Works Committee heard a verbal delegation from J. MacDonald, Executive Director, Downtown London, with respect to this matter.  (2012-S08-00)

14.   Contract 2A:

Stanley Street Pumping Station Construction Project ES2414/ES5084-11 (Tender 12-16)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the contract award for the Stanley Street Sanitary Pumping Station construction project (ES2414/ES5084-11):   a)        the bid submitted by Hayman Construction Inc. (Hayman), 636 Wellington Street, London, Ontario, N6A 3R9, at its tendered price of $962,700.00, excluding H.S.T., for the construction of the new Stanley Street Sanitary Pumping Station BE ACCEPTED; it being noted that the bid submitted by Hayman was the lowest of four bids received and meets the City’s specifications and requirements in all areas;   b)        Dillon Consulting Limited (Dillon), 130 Dufferin Avenue, Suite 1400, London, Ontario, N6A 5R2, BE AUTHORIZED to complete the remainder of the design and carry out the resident inspection and the contract administration for the said project, in accordance with the estimate, on file, at an upset amount of $180,459.40, excluding H.S.T.; it being noted that this firm completed the Environmental Assessment (EA) and the engineering design, based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)        minor additional annual operating costs of $5,000.00 BE RECOGNIZED as a result of this project; it being noted that these costs are due to new infrastructure installation and will be considered and accommodated within future Wastewater and Treatment operating budgets;   d)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   e)        the Chief Surveyor BE DIRECTED to initiate the process to legally close the easterly 50 metres of Becher Street that is no longer travelled, and to initiate the process to dedicate and name the easterly 70 metres of Becher Street that is publically travelled, thus resulting in the realignment of the east end of Becher Street;   f)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project, and, in the event that the Committee of Adjustment denies the Minor Variance application, the Civic Administration BE DIRECTED to appeal the decision;   g)        the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project; and,             h)        the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2012-W07-00)

15.   Mornington Pond

Sediment Removal ES2532 (Tender 12-19)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the construction of the Mornington Pond sediment removal:   a)        the tender submitted by Ro-Buck Contracting Limited, 2326 Fanshawe Park Road East, London, Ontario, at its price of $224,246.00, excluding H.S.T., for the construction of the Mornington Pond sediment removal BE ACCEPTED; it being noted that bid submitted by Ro-Buck Contracting Limited, was the lowest of six bids received and meets the City’s specifications and requirements in all areas;   b)           the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,   d)        the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to these projects. (2012-W10-02)

16.   Supply,

Delivery and Installation of 2012 Spring Infill Street Trees (Tender 12-31)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer,  the following actions be taken with respect to the supply, delivery and installation of 2012 spring infill street trees:   a)         the tenders submitted by the following companies BE ACCEPTED:   Section 1 – Area 1 – Klomps Landscaping Inc., 2963 Road, 119, R.R. #7, St. Mary’s, Ontario, N4X 1C9, at a tendered contract price of $212,589.00, excluding H.S.T.; it being noted that Klomps Landscaping Inc. was the lowest of seven bids received in Section 1 and meets all the terms, conditions and specifications;               Section 2 – Areas 2, 3 and 4 – Emission Tree, 21748 Springfield Road, Melbourne, Ontario, N0L 1T0, at a tendered contract price of $195,706.00, excluding H.S.T.; it being noted that Emission Trees was the lowest of six bids received in Section 2 and meets all the terms, conditions and specifications;   Section 3 – Various Properties throughout the City of London – Kamarah Tree Farms, 196312, 19th Line, R.R. #1, Lakeside, Ontario, N0M 2G0, at a tendered contract price of $160,380.00, excluding H.S.T.; it being noted that Kamarah Tree Farms was the lowest of five bids received in Section 3 and meets all the terms, conditions and specifications;   b)        the funding for this purchase BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,   d)        the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval. (2012-E05-00)

17.   Sunninghill

Sanitary Pumping Station Upgrades Project ES5151 (Tender 12-32)

That, on the recommendation of the Acting Executive Director Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Sunninghill Sanitary Pumping Station upgrades:   a)        the bid submitted by Baseline Constructors Inc., 550 Conestoga Road, Waterloo, Ontario, N2L 4E3, at its tendered price of $842,850.00, excluding H.S.T., for the construction of the  Sunninghill Sanitary Pumping Station upgrades BE ACCEPTED; it being noted that the bid submitted by Baseline Constructors Inc. was the lowest of 4 bids received and meets the City’s specifications and requirements in all areas;    b)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        AECOM Canada Ltd. BE AUTHORIZED to carry out the resident inspection and the contract administration for the said project in accordance with the estimate, on file, at an upset amount of $136,862.00, excluding H.S.T., and including a 10% contingency; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;   d)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,   e)        the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval. (2012-W07-00)

18.   Dingman Creek

Pumping Station Upgrades Project ES5143 (Tender 12-35)

That, on the recommendation of the Acting Executive Director Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Dingman Creek Pumping Station upgrades:   a)        the proposal submitted by Bre-Ex Limited, 247 Exeter Road, London, Ontario, N6L 1A5, at its price of $285,796.17, excluding H.S.T., for the installation of Dingman Creek Pumping Station upgrades BE ACCEPTED; it being noted Bre-Ex Limited was the lowest of three bids received and meets all the terms, conditions and specifications;   b)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012;   c)        Stantec Consulting BE AUTHORIZED to carry out the resident inspection and the contract administration for the said project in accordance with the estimate, on file, at an amount of $29,588.00, excluding H.S.T.; it being noted that this firm completed the design, based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the Procurement of Goods and Services Policy;   d)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and,   e)        the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the work to be done relating to this project. (2012-W07-00)

19.   Contract

Award for the Springbank Reservoir # 2 Rehabilitation Project No. EW3617 (Tender 12-52)

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Spingbank Reservoir #2 rehabilitation project.   a)        the bid submitted by Layfield Environmental Systems Ltd., 11603 -180 Street, Edmonton, Alberta, T5S 2H6, at its corrected tendered price of $769,868.29, excluding H.S.T., for the Springbank Reservoir #2 rehabilitation project, BE ACCEPTED; it being noted that Layfield Environmental Systems Ltd. was the lowest of two bids received and meets the City’s specifications and requirements in all areas;   b)        R.V. Anderson Associates Limited, 557 Southdale Road East, London, Ontario, N6E 1A2, BE AUTHORIZED to carry out the resident inspection and the contract administration for the said project in accordance with the estimate, on file, at an upset amount of $82,010.00, excluding H.S.T.; it being noted that this firm completed the engineering design, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;   c)        the financing for this project BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”;   d)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   e)        the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 12-52); 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.

The motion to Approve clauses 9 to 19 is put.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor S. Orser

Approve that pursuant to section 13 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of February 21 and 22, 2012, relating to the adoption of the 2012 Operating Budget for the services within Transportation Services, Page 310 - Parking Service Grouping Overview, with respect to the operation of downtown on-street parking meters in the evenings and the resulting additional revenue of $85,000, with a full year impact of $100,000 in future years, BE RECONSIDERED as it relates to part a) of clause 20.

Motion Failed

Motion Failed

Moved by Councillor H.L. Usher

Seconded by Councillor J.P. Bryant

Approve that pursuant to section 13 of the Council Procedure By-law, the actions of the Municipal Council taken at its meeting of February 21 and 22, 2012, relating to the adoption of the 2012 Operating Budget for the services within Transportation Services, Page 310 - Parking Service Grouping Overview, with respect to the operation of downtown on-street parking metesr in the evenings and the resulting additional revenue of $85,000, with a full year impact of $100,000 in future years, BE RECONSIDERED as it relates to part b) of clause 20.

Motion Passed

Motion Passed

20.   Amendments to the

Traffic and Parking By-Law Related to New Parking Fees

That, notwithstanding the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the amendments to the Traffic and Parking By-law related to the new parking fees:   a)        the on-street hourly parking rate BE INCREASED by $0.50 and that the on-street hourly parking rate for the Old East Village NOT BE INCREASED; it being noted that there has been no change to the hourly parking rate since 1996;   (Secretary Note:  a reconsideration of the Fees and Charges By-law will require the approval of two-thirds of the whole Council to increase the on-street hourly parking rate)   b)         NO ACTION BE TAKEN with respect to the paid evening on-street parking; and,   c)        a Public Participation Meeting BE HELD at the appropriate Standing Committee to hear from the public with respect to the proposed changes to Traffic and Parking By-law related to the new parking fees; and,   it being noted that the Civic Works Committee heard a verbal delegation from J. MacDonald, Executive Director, Downtown London, with respect to this matter. (2012-S09-00)

Councillor W.J. Armstrong leaves the meeting at 10:41 PM.

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Amend part b) of clause 20 to read as follows:   That NO ACTION BE TAKEN to implement new paid on-street evening parking at this time.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher,

Seconded by Councillor D. Brown,

delete part c) of clause 20 as it is redundant.   Motion Passed

Motion Passed

The motion to adopt clause 20, as amended, is put.   Motion Passed

Motion Passed

21.   Single Source Pay

& Display Parking Meters

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the pay and display parking meters:   a)        the approval hereby BE GIVEN to enter into negotiations for the purchase of pay and display parking meters for a 3-year period with Cale Systems Inc, 21 Hartsville Avenue, Toronto, Ontario, in accordance with the Procurement of Goods and Services Policy, Section 14.4 Single Source, Clauses (d) and (e);   b)        the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract;   c)        the approval hereby given BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with Cale Systems Inc. to the satisfaction of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer;   d)        the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order relating to the subject matter of this approval; and,   e)        the funding for this project BE APPROVED as set out in the Sources of Financing Report provided as Appendix “A” to the associated staff report, dated April 2, 2012.

Motion Passed

Motion Passed

22.   Amendments to the

Traffic and Parking By-Law - Perry Street and Horn Street and Queens Avenue

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the attached proposed by-laws (Appendix “A”) and (Appendix “B”) BE INTRODUCED at the Municipal Council meeting to be held on April 10, 2012, for the purpose of amending the By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London” for Horn Street, Perry Street and Queens Avenue. (2012-S09-00)

23.   Amendments to the

Traffic and Parking By-Law - No Stopping, No Parking, Limited Parking and Bus Stops and School Bus Loading Zones

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on April 10, 2012, for the purpose of amending the Traffic and Parking By-law PS-111, entitled “A by-law to regulate traffic and the parking of motor vehicles in the City of London” as it relates to No Stopping, No Parking, Limited Parking and Bus Stops and School Bus Loading Zones.  (2012-S09-00)

24.   2012 Annual

Warranted Sidewalk Program (TS1165-12)

That the following actions be taken with respect to the 2012 Annual Warranted Sidewalk Program:   a)        the report dated April 2, 2012, from the Acting Executive Director, Planning and Environmental and Engineering Services and City Engineer, with respect to 2012 Annual Warranted Sidewalk Program BE RECEIVED for information;   b)        the area between Glenroy Road at Pond View Terrace BE REFERRED to the Civic Administration for consideration with the Warranted Sidewalk Program; it being noted that the Civic Works Committee heard a verbal request from Councillor S. White with respect to this matter; and,   c)        the Civic Administration BE REQUESTED to ensure that no trees are removed as part of the proposed construction for Fremont Avenue.  (2012-S08-00)

25.   Condition Survey

Results on Manholes in Major Intersections

That the report dated April 2, 2012, from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to the condition survey results on manholes in major intersections, BE RECEIVED for information.  (2012-S08-00)

26.   Public Information

Videos

That the report from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to public information videos, BE RECEIVED for information.

27.   Dundas Street

Watermain Maintenance

That the following actions be taken with respect to the Dundas Street watermain maintenance:   a)        the report dated April 2, 2012, from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to the Dundas Street watermain maintenance BE RECEIVED for information; and,   b)        the Downtown Master Plan improvements BE IMPLEMENTED in two to three years, with a report back to the Civic Works Committee on the implementation plan and process.  (2012-W13-00)

Moved by Councillor J.P. Bryant

Seconded by Councillor H.L. Usher

Amend clause 27 to add a new part c) requesting the Civic Administration to report back at the April 23, 2012 meeting of the Civic Works Committee with respect to the status of the implementation plan and process report noted in b), above, and details as to proposed sources of financing so that the Downtown Master Plan improvements can be properly planned for in upcoming budgets.

Motion Passed

Motion Passed

28.   Street Renaming

Headley Between Oxford Street West and Headley Drive

That, on the recommendation of the Director, Building Controls and Chief Building Official, the following actions be taken with respect street renaming of Headley between Oxford Street West and Headley Drive:   a)        Headley between Oxford Street West and Headley Drive BE RENAMED to Headley Gate, effective May 1, 2012;   b)         the City of London BE REQUIRED to pay for the cost of street signage; and,   c)        the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on April 10, 2012, to approve the renaming of Headley to Headley Gate; and,   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.  (2012-D17-00)

29.   Street Renaming

Cedarpark Drive

That, on the recommendation of the Director, Building Controls and Chief Building Official, the following actions be taken with respect the street renaming of Cedarpark Drive:   a)        Cedarpark Drive on Plan 33M-580 BE RENAMED to Guiness Way, effective May 1, 2012;   b)         the City of London BE REQUIRED to pay for the cost of street signage;    and,   c)        the attached proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on April 10, 2012, to approve the renaming of Cedarpark Drive to Guiness Way; and,   it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter.  (2012-D17-00)

30.   London Road Safety

Strategy

That, on the recommendation of the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the development of a Road Safety Strategy for the City of London:   a)        the Terms of Reference for the Road Safety Strategy for the City of London as set out in Appendix ‘A’ to the Staff report dated April 2, 2012 BE APPROVED;   b)        a budget in the amount of $200,000, excluding H.S.T., for the development of the Road Safety Strategy BE APPROVED; it being noted that this budget is available within TS4040, Traffic Studies; and,   it being noted that the Civic Works Committee heard the attached presentation from the Manager, Transportation, Planning and Design, with respect to this matter.  (2012-S09-00)

31.   Water Conservation

and the Future of Water and Wastewater Rates

That the report dated April 2, 2012, from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, with respect to the future of water and wastewater system and rates in London BE RECEIVED for information; it being noted that the Civic Works Committee heard the attached presentation from the Acting Executive Director, Planning, Environmental and Engineering Services and City Engineer, and  received a communication dated April 2, 2012, from C. Gupta, with respect to this matter.

Moved by Councillor H.L. Usher

Approve clause 31

Moved by Councillor B. Polhill

Seconded by Councillor D. Henderson

Motion Passed

32.   Fixed Rate for

Water and Sanitary Charges

That in accordance with Section 17.6 of the Council Procedure By-law, the attached Staff report related to a fixed rate for water and sanitary charges BE REFERRED to the Municipal Council for its disposition; it being noted that the Civic Works Committee (CWC) was unable to reach a majority decision with respect to this matter.  (2012-W10-00/F17-00)

Moved by Councillor P. Van Meerbergen

Seconded by Councillor B. Polhill

Refer clause 32 back to Civic Administration for a report back at a future meeting of the Civic Works Committee with a proposed comprehensive model which would include all phases of implementation of a new rate structure for water and wastewater.

At 11:35 PM His Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.   At 11:52 PM His Worship the Mayor resumes the Chair and Councillor P. Hubert takes his seat at the Council Board.    Councillor S.E. White leaves the meeting at 11:57 PM.

The motion to Refer clause 32 is put.

Motion Passed

Motion Passed

33.   Parking Violations

  • Roehampton Avenue

That the communication dated March 21, 2012, from Councillor J. Swan, with respect to parking violations on Roehampton Avenue, BE REFERRED to the Civic Administration for review, and report back to the Ward Councillor. (2012-S04-00)

That the communication dated March 13, 2012, from J. and J. Fraser, with respect to a request for a guardrail on Glanworth Drive, BE REFERRED to the Civic Administration for review, and report back to the Ward Councillor.

Moved by Councillor H.L. Usher

Seconded by Councillor B. Polhill

Amend clauses 33 and 34 to reflect the report coming back to the Civic Works Committee, rather than the Ward Councillor.

Motion Passed

Motion Passed

The motion to Approve clauses 33 and 34 is put.   Motion Passed

Motion Passed

Moved by Councillor J.B. Swan

Approve clauses 1 – 5.

IX.   DEFERRED MATTERS

X.   ENQUIRIES

XI.   EMERGENT

MOTIONS

Moved by Councillor S. Orser

Seconded by Councillor J.B. Swan,

Approve that pursuant to section 18.2 of the Council Procedure By-law leave be given for the introduction of an emergent motion with respect to Council Indemnification.

Moved by Councillor D. Henderson,

Seconded by Councillor J.B. Swan,

each Council Member involved in the current Ombudsman’s investigation into an alleged meeting at a local restaurant BE INDEMNIFIED under the Indemnification By-law for Members of Council.

Motion Passed

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor S. Orser

Approve that, pursuant to section 18.2 of the Council Procedure By-law, leave be given for the introduction of an emergent motion with respect to the scheduling of a Special Strategic Priorities and Policy Committee meeting to review the report of the Striking Committee related to appointments to the City’s Advisory Committees.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor J.B. Swan

Approve that a Special Meeting of the Strategic Priorities and Policy Committee BE HELD on Wednesday, June 6, 2012 at 4:00 p.m. to consider the Striking Committee’s recommendations related to appointments to the Municipal Council’s Advisory Committees.

Motion Passed

Motion Passed

XII.   BY-LAWS

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

XIII.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor D. Brown

Seconded by Councillor J.B. Swan

Approve Motion to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

Motion Passed

Motion Passed

1.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director - Corporate Assets, on the advice of the Manager, Realty Services, with respect to the vacant property owned by Southside Construction Management Limited, municipally known as 1391 Adelaide Street North, the following actions be taken:   a)         the offer submitted by Southside Construction Management Limited (“Southside”)             to sell to the City land municipally known as 1391 Adelaide Street North, located on the west side of Adelaide Street North, north of Windermere Road, further described as Part of Lot 6, Plan 771 and Part Lot 13, Concession 4, (Geographic Township of London), containing an area of approximately 19 acres, for the sum of $710,000.00, BE ACCEPTED SUBJECT TO the following conditions:   i)          the City agreeing to pay a further sum of $140,000.00 plus HST for a part of Southside’s verified holding costs incurred over the period since its acquisition in             2006;               ii)         the City agreeing to accept the property on an “as is” basis; and   b)         the source of financing for this acquisition BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “B”.   Motion Passed

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

Moved by Councillor P. Hubert

Seconded by Councillor J.L Baechler

Approve leave for the introduction of Bill No. 184.

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor J.L Baechler

Approve 1st reading of Bill No. 184.

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor D. Brown

Approve 2nd reading of Bill No. 184.

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor S. Orser

Approve 3rd reading and enactment of Bill No. 184 and Bill No.’s 186 to 190, inclusive.

Motion Passed

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

Moved by Councillor J.B. Swan

Seconded by Councillor S. Orser

Approve leave for the introduction of Bill No. 185.

Motion Passed

XIV.   ADJOURNMENT