May 14, 2013, at 4:05 PM

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

At 4:10 PM Councillor D. Brown enters the meeting.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

1.            12th Report of Planning and Environment Committee 2.            9th Report of Strategic Priorities and Policy Committee

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

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

Motion Passed

V.   RECOGNITIONS

1.   His Worship the

Mayor recognizes the London Nationals Junior B Sutherland Cup Champions.

At 4:57 PM Councillor J.B. Swan enters the meeting.

2.   His Worship the

Mayor presents a plaque for “London’s Featured Company” to rtraction.

3.   His Worship the

Mayor presents a certificate for “London’s Featured Community Organization” to St. Joseph’s Health Care Foundation.

4.   His Worship the

Mayor and Members of Council are presented with a tulip tree from the Kettle Creek Conservation Authority, in recognition of one million trees being planted between 2001 and 2013.

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE NINTH MEETING HELD ON APRIL 30, 2013

Moved by Councillor B. Polhill

Seconded by Councillor S.E. White

Approve the Minutes of the 9th Meeting held on April 30, 2013.

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor P. Van Meerbergen

Seconded by Councillor S.E. White

Approve referral of the following communications for consideration with the noted clauses:

1.   (ADDED) Properties

located at 1057, 1059 and 1061 Richmond Street (Z-8106) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 13 of the 11th Report of the Planning and Environment Committee.)

Motion Passed

Motion Passed

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

11th Report of the Planning and Environment Committee Councillor B. Polhill presents.

Moved by Councillor B. Polhill

Approve clauses 1 to 10.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Property located at

905 Pond Mills Road (H-8156)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of the City of London, relating to the property located at 905 Pond Mills Road, the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Light Industrial (h-122h-123LI3) Zone TO a Holding Light Industrial (h-123*LI3) Zone to remove the holding provision that requires a parking study be completed and a development agreement be entered into for the subject property with the City of London; it being noted that urban design will be addressed though the site plan approval process for these lands.   (2013-D14B)

3.   Property located at

530 Sunningdale Road East - Uplands North Subdivision - Extension to Draft Plan of Subdivision Approval (39T-05510)

That, on the recommendation of the Senior Planner, Development Services, the Approval Authority BE ADVISED that the Municipal Council supports granting a three (3) year extension of the draft plan of subdivision, submitted by Z-Group Limited, relating to the property located at 530 Sunningdale Road East, submitted by Z-Group Limited, prepared by Donald A Riley RPP (Z-Group), certified by Jeremy C. E. Matthews, Ontario Land Surveyor (Drawing No. CAD:POWELL_Redline, dated March 24, 2008) as red-line amended, which shows 12 single detached dwelling blocks, 1 medium density residential block, 1 possible school block, 1 open space block, 1 neighbourhood park block, 2 walkway blocks, and 2 road reserve blocks, served by the continuation of Canvas Way, 1 new secondary collector road (Superior Drive) and 2 new local streets SUBJECT TO the revised conditions contained in Appendix “A” as appended to the staff report dated May 7, 2013.   (2013-D12)

4.   Property located at

1602 Sunningdale Road West (39T-11503)

That, on the recommendation of the Manager, Development Planning, the following actions be taken with respect to the application of Foxwood Developments (London) Inc., relating to the property located at 1602 Sunningdale Road West:   a)         the Ontario Municipal Board decision contained in Appendix “A” as appended to the staff report dated May 7, 2013, relating to the Old Oak Properties appeal of the Official Plan and Zoning By-law BE RECEIVED;   b)         in response to the letter of appeal to the Ontario Municipal Board, dated February 15, 2013, as submitted by Alan Patton, on behalf of Old Oak Properties, relating to the Draft Plan of Subdivision application by Foxwood Developments (London) Inc., concerning the property located at 1602 Sunningdale Road West, the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed its recommendation to the Approval Authority and sees no reason to alter its previous recommendation; and,   c)         the Managing Director, Corporate Services and City Solicitor BE DIRECTED to provide legal representation at the Ontario Municipal Board hearing in support of the Municipal Council’s decision and the position of the Approval Authority.  (2013-D12)

5.   Properties located

at 1934-1984 Wateroak Drive and 1921-1931 Wateroak Drive (H-8153)

That, on the recommendation of the Manager, Development Planning, based on the application of Claybar Developments Inc., relating to the properties located at 1934-1984 Wateroak Drive and 1923-1931 Wateroak Drive, the following actions be taken:   a)         the proposed by-law, as appended to the staff report dated May 7, 2013, BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of 1934-1984 Wateroak Drive and 1921-1931 Wateroak Drive FROM a Holding Residential R1 (h. h-100. R1-4) Zone and a Holding Residential R1 (h. h-100. R1-13) Zone TO a Residential R1 (R1-4) Zone; a Holding Residential R1 (h. R1-4) Zone and a Residential R1 (R1-13) Zone, to remove the h. and h-100 holding provisions from certain portions of these lands; and,   b)         the application to change the zoning of the properties located at 1968-1984 Wateroak Drive FROM a Holding Residential R1 (h. R1-4) Zone TO a Residential R1 (R1-4) Zone, to remove the h. holding provision BE DEFERRED until such time as the original Heard Drain, that is located within these parcels, is decommissioned.   (2013-D14B)

6.   Property located on

a portion of 2350 Dundas Street (Block 5, 39T-12502) (H-8171)

That, on the recommendation of the Senior Planner, Development Planning, based on the application of Bremor Engineering Ltd., relating to a portion of the property located at 2350 Dundas Street, (also known as Block 5 of Draft Approved Plan 39T-12502), the proposed by-law, as appended to the staff report dated May 7, 2013, BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject lands FROM a Holding Restricted Service Commercial Special Provision (hh-11RSC1(22)) Zone TO a  Restricted Service Commercial Special Provision (RSC1(22)) Zone, to remove the “h” and “h-11” holding provision, subject to the registration of the subdivision plan prior to May 14, 2013.  (2013-D14B)

7.   Building Division

Monthly Report for March 2013

That the Building Division Monthly Report for March 2013 BE RECEIVED.   (2013-D00)

8.   5th Report of the

Environmental and Ecological Planning Advisory Committee

That the 5th Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on April 18, 2013 BE RECEIVED.

9.   Properties located

at 2800 Roxburgh Road and a portion of 635 Wilton Grove Road (Z-8164)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to the application of Miller Thomson, LLP, relating to the property located at 2800 Roxburgh Road and the easterly portion of the property located 635 Wilton Grove Road:   a)         the proposed by-law, as appended to the staff report dated May 7, 2013, BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the property located at 2800 Roxburgh Road FROM a Light Industrial (LI1) Zone, which permits such uses as bakeries, business service establishments, manufacturing and assembly industries, pharmaceutical and medical products industries, printing, reproduction and data processing industries, research and development establishments, warehouse and wholesale establishments TO a Light Industrial (LI2) Zone, to permit any use permitted in the Light Industrial (LI1) Zone as well as such uses as dry cleaning and laundry plants, food, tobacco and beverage processing industries excluding meat packaging, leather and fur processing excluding tanning, repair and rental establishments, service and repair establishments and textile processing industries; and,   b)         the proposed by-law, as appended to the staff report dated May 7, 2013, BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the easterly portion of the property located at 635 Wilton Grove Road FROM a Light Industrial (LI1) Zone, which permits such uses as bakeries, business service establishments, manufacturing and assembly industries, pharmaceutical and medical products industries, printing, reproduction and data processing industries, research and development establishments, warehouse and wholesale establishments TO a Light Industrial (LI2) Zone, to permit any use permitted in the Light Industrial (LI1) Zone as well as such uses as dry cleaning and laundry plants, food, tobacco and beverage processing industries, excluding meat packaging, leather and fur processing excluding tanning, repair and rental establishments, service and repair establishments and textile processing industries;   it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2013-D14A)

10.   Property located at

433 Hyde Park Road

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the Site Plan approval application by 1873739 Ontario Ltd. relating to the property located at 433 Hyde Park Road:   a)          the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, issues were raised with respect to the following:   i)          landscaping; ii)          traffic and pedestrian safety; iii)         loss of privacy; iv)        loss of wildlife habitat; v)         insufficient parking; and, vi)        the height of the buildings;   b)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of approval of the site plan application, as appended to the staff report dated May 7, 2013, for two (2) townhouse buildings containing nine (9) residential units in total, proposed at 433 Hyde Park Road; and,   c)         the financing for the project BE APPROVED in accordance with the “Estimated Claims and Revenues Report” provided as Appendix “A” to the associated staff report, dated May 7, 2013;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    Barry McCarthy, #21 – 455 Hyde Park Road – indicating that many of the concerns that were outlined in the staff presentation are concerns that he has; indicating that he has three main issues; advising that he is speaking on behalf of those that are not able to speak, that being the wildlife; noting that there is a wide variety of species living in the area, from the smallest animal to deer; advising that it bothers him that there is no consideration given to preserving the animals habitat; indicating that in 1997, a by-law was adopted relating to maintaining the heights of development within residential areas; expressing concern with the development of a two-storey development in a single storey area; noting that this area of Hyde Park Road is single storey buildings; advising that this is really poor aesthetically; advising that the area consists mostly of seniors; noting that a two-storey development is not compatible with seniors who have problems with stairs; indicating that the most important concern to him is the visual access of the proposed two-storey dwellings into his property; noting that there is not much distance between his property and the proposed properties; also noting that they will have access to his bedroom; further noting that when he is sitting on his deck, he will have the same visual access to their bedroom; advising that young trees are generally planted and that, by the time they are old enough to block visual access, he will not be around; indicating that canopy trees do not have leaves for a long time and that visual access will exist for 6 – 8 months; indicating that there is not enough parking on the west side of Hyde Park Road, as there are ball and soccer games held in the park; indicating that there is not enough parking in the park for parents and they park along Hyde Park Road; expressing concern that a child may dart between parked cars and into traffic; indicating that there is no additional parking proposed with this application; noting that he does not advocate that it be proposed; and advising that, if someone in the new development has more than a couple of guests, those cars will have to be parked on Hyde Park Road as well. -                    Barbara Richardson, 1128 Mahogany Road -  indicating that the development is literally in her backyard; reiterating the comments previously mentioned; indicating that it is a beautiful site with deer and a variety of animals; noting that it is a thoroughly forested area; advising that it is heartbreaking to see more development; indicating that she participated in the zoning debates that happened 10 years ago; advising that, at that time, the residents were assured that only one-floor residences would be built; advising that two-storey buildings are out of character with entire area on Hyde Park Road; expressing concern with the area in general and her privacy and safety; advising that the road into the site will be driving into her windows; noting that a fence has not been proposed; indicating that this will devalue her property, both financially and in her ability to enjoy her property; expressing concern about the swimming pool and the impact of noise potentially coming from the pool; indicating that she previously made a submission; and advising that she would like to reiterate the points made by the previous speaker as it is very risky to put such buildings in this area. -                    Michelle Doornbosch, Zelinka Priamo Ltd., on behalf of the applicant – providing background on the zoning; noting that the site plan her firm has submitted complies with the current zoning regulations; advising that in 2004, site specific zoning was given to the proposed properties and the properties along Mahogany Road, to ensure that they are sympathetic to the existing residential properties to the west along Mahogany Road; advising that there is an increased rear yard setback and an increased landscaped open space; noting that they have met these requirements; advising that there is a maximum height of 7 metres for these properties and they comply with the maximum height restriction; indicating that there is a balance between the existing condominiums on Hyde Park Road and the existing two storey single family residences along Mahogany Road; and indicating that, along the easterly property line, the applicant will build a 1.8 m board fence as well as installing new landscaping that staff recommended.     (2013-D11)

Motion Passed

11.   Property located at

425 Wharncliffe Road South

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to the site plan approval application of Ontario Addiction Treatment Centres, relating to the property located at 425 Wharncliffe Road South:   a)         the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, issues were raised by the applicant’s representatives with respect to their request to maintain the existing fence and the Civic Administration’s request to remove the armour stone;   b)         the Approval Authority BE ADVISED that the north and south fences are to be constructed of wrought iron, the existing interior chain link fence be retained and the clear throat access be applied;   c)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of approval of the attached, revised, site plan and the site plan application to convert the existing used car dealership into a methadone clinic, dispensing methadone to a maximum of 200 clients per day; and,   d)         the financing for the project BE APPROVED in accordance with the “Estimated Claims and Revenues Report” contained in Appendix “A” as appended to the staff report dated May 7, 2013;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    Steven Cornwell, Zelinka Priamo Ltd, on behalf of the applicant – expressing concern with the staff recommendation to remove the existing four foot chain link fence across the south property line and replacing it with a six foot chain link fence; noting that a four foot fence is the standard that the City uses; advising that the applicant does not see the necessity of replacing an existing fence that is working fine; advising that a six foot chain link fence would look worse; indicating that the request for a higher fence does not address a specific issue and the applicant would like the Planning and Environment Committee to consider accepting the existing fence as appropriate for this site; advising that there have been a lot of comments about the large number of parking spaces on the site; pointing out that, contrary to what some believe, it is  difficult for methadone service providers to find a suitable location consistent with their needs and that meet the City’s policies for locating these facilities; indicating that the owners of the subject property had to make many sacrifices; indicating that there is no need to look at how much parking exists on this site and say that’s an indication of the intensity of use that is going to go on here; advising that the Official Plan policies call for high quality and long-lasting materials to be used in fences, but what the policies do not specify, is the circumstances in which fencing is required; noting that it has not been the practice of the City to require fences between commercial properties in a corridor like Wharncliffe Road South; advising that, in fact the City’s practice has been to encourage back and forth movements between commercial sites; noting that it is unclear what the purposes of the fences on the north and south sides of this property would actually serve because he does not believe that this City would require different treatment for people suffering from addictions than for any other of its citizens; advising that when you look at the requirement, you can say that the fences on the north and south side of this property meet with the provisions that the holding provision refers to in the Zoning By-law, neither of which are necessary from a planning perspective; and advising that there is no reason to suspect that a 6 foot fence would satisfy anything that a four foot fence would not. -                    Alan R. Patton, Patton Cormier & Associates, on behalf of the applicant – see attached communication.   (2013-D11)

At 5:50 PM, His Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

At 5:57 PM, His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board.

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve that part b) of clause 11 be amended to read as follows:   “b)       the Approval Authority BE ADVISED that the north and south fences are to be constructed of wrought iron, at a height of 1.8m, the existing interior chain link fence is to be retained, the clear throat access is to be applied at a minimum of 6 metres, and decorative stones are to be permitted instead of armour stone;“

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve clause 11, as amended, excluding part b).

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve clause 11 b), as amended.

Motion Passed

12.   Properties located

at 3924 and 4128 Colonel Talbot Road (39T-12503/OZ-8052)

That, on the recommendation of the Manager of Development Services and Planning Liaison, the following actions be taken with respect to the appeals by Colonel Talbot Developments Inc., on the neglect by the Municipal Council to make a decision on the Official Plan and Zoning By-law amendment applications and the failure of the Approval Authority to make a decision on an application for subdivision approval concerning lands located at 3924 and 4138 Colonel Talbot Road:   a)         the Ontario Municipal Board BE ADVISED that the Municipal Council has reviewed the appeals and determined that a decision to approve the Official Plan amendment, Zoning By-law amendment and draft plan of subdivision applications, at this time, would be premature, and would not be in the public interest for the following reasons:   i)          the subject lands are located within the area affected by the Southwest Area Plan (OPA 541), which is currently under appeal.  Land uses, road alignments and conditions of draft approval cannot be finalized for this plan of subdivision until such time as the land use policies and servicing requirements for the Southwest Area Plan are confirmed;   ii)         conditions of draft approval cannot be formulated for sanitary servicing since there is no sanitary servicing available to service the proposed plan of subdivision.  The Development Charge By-law (By-law C.P.-1473-212) and Growth Management Implementation Strategy, that are currently in effect, do not provide for financing to service the required sanitary works within the 20 year planning period;   iii)         conditions of draft approval cannot be formulated for stormwater management because a storm/drainage and stormwater management (SWM) servicing Municipal Class Environmental Assessment (EA) is required prior to consideration of this application, to confirm stormwater management requirements for this development and external lands. The Development Charge By-law (By-law C.P.-1473-212) and Growth Management Implementation Strategy, that are currently in effect, do not provide for financing to service the required storm/drainage and SWM works within the 20 year planning period;   iv)        collector road alignments and conditions of draft approval cannot be finalized for the proposed plan of subdivision until such time as the connecting alignments in the Southwest Area Plan have been confirmed. The collector road alignments in the proposed plan of subdivision are inconsistent with the collector road alignments in the Southwest Area Plan and the Traffic Impact Statement submitted with the revised plan of subdivision application, does not satisfy requirements in the Official Plan Traffic Assessment Guidelines;   v)         the proposed plan of subdivision is not consistent with the Natural Heritage policies in Section 15 of the Official Plan or the Natural Heritage features delineated in the Southwest Area Plan.  The Subject Lands Status Report/Scoped EIS, submitted with the revised application, has not been prepared in accordance with the requirements in Section 15.5 of the Official Plan. Also, the proposed plan of subdivision does not include the pathway corridor alignments as identified in the Bicycle Master Plan; and,   vi)        based on the deficiencies identified with the proposed plan of subdivision, and the current status of the Southwest Area Plan, the proposed plan of subdivision is not consistent with the provisions in Section 1.6 and 2.1 of the Provincial Policy Statement, and Section 2 of the Planning Act;   b)         the City Solicitor and Managing Director of Development & Compliance Services and Chief Building Official BE DIRECTED to provide legal and planning representation at the Ontario Municipal Board hearing to support the position of Municipal Council; and,   c)            the Civic Administration BE REQUESTED to continue discussions with the applicant relating to the application for draft plan of subdivision approval concerning lands located at 3924 and 4138 Colonel Talbot Road;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                     Steve Stapleton, Auburn Developments, applicant – see attached presentation. -                     Carol Wiebe, MHBC Planning Urban Design and Landscape Architecture, on behalf of York Developments – see attached presentation.  (2013-L01)

Motion Passed

13.   Properties located

at 1057, 1059 and 1061 Richmond Street (Z-8106)

16.   Properties located

at 1057, 1059 and 1061 Richmond Street

That the Approval Authority BE ADVISED that the Municipal Council supports the rights-in, rights-out access onto Richmond Street and the denial of access to the laneway, as it relates to the properties located at 1057, 1059 and 1061 Richmond Street.

Moved by Councillor M. Brown

Seconded by Councillor S. Orser

Approve that clauses 13 and 16 BE REFERRED back to staff to work with the applicant to address the following matters:   a)         prohibiting access to the site from the laneway; b)         provision for all-way turns into and out of the site; c)         removal of uses from the base Neighbourhood Facility Zone that are not desired by the applicant; d)         exploration of opportunities to reduce density and bedrooms on the site, with consideration given to compatible density suggestions; and e)         revision of the urban design brief to address the revised project proposal.

At 6:25 PM, His Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council board.

At 6:31 PM His Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council board.

Moved by Councillor N. Branscombe

Seconded by Councillor J.B. Swan

Approve the motion to refer be Amended in part d) by deleting the words “compatible density suggestions” and by replacing them with the words “a maximum density of 45 units per hectare, that is compatible and reflective of the character of the existing neighbourhood”.

Motion Passed

Motion Passed

Motion Passed

14.   Blackfriars/Petersville

Neighbourhood Planning Options

That, the following actions be taken with respect to the Blackfriars/Petersville neighbourhood:   a)         the report, dated May 7, 2013, from the Managing Director, Corporate Services and City Solicitor, relating to the planning options for the Blackfriars/Petersville neighbourhood BE RECEIVED;   b)         the London Advisory Committee on Heritage BE REQUESTED to consider the Blackfriars/Petersville neighbourhood as the next potential Heritage Conservation District on the list of potential Heritage Conservation Districts as maintained by the London Advisory Committee on Heritage;    c)         the London Advisory Committee on Heritage BE REQUESTED to recommend the hiring of a Consultant to prepare a study for the Blackfriars/Petersville Neighbourhood, generally bounded by the Canadian Pacific Railway to the north, the Thames River to the east and south and the floodplain boundary to the west, and as shown on Schedule “A” as appended to the staff report dated May 7, 2013, to determine whether areas within the Blackfriars/Petersville area meet the Official Plan criteria and the Ontario Heritage Act criteria with respect to the creation of a heritage conservation district under Section 42 of the Ontario Heritage Act;   d)         the Civic Administration BE DIRECTED to undertake a concurrent study to consider a City initiated Zoning By-law Amendment to rezone the subject area from a Residential R2 zone to a Residential R1 Zone;   it being noted that staff will report back regarding possible changes to the staff workplan that may be required to undertake the zoning study identified above;    e)         that NO ACTION be taken with respect to an Interim Control By-law for the Blackfriars/Petersville area;   f)         the proposed draft by-law, as appended to the staff report dated May 7, 2013, BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, for the purpose of revoking the delegated authority for site plan approval for the property located at 108 Wilson Avenue; and,   g)         a special meeting of the Planning and Environment Committee BE HELD on Tuesday, May 7, 2013 at 2:30 PM to receive advice from the London Advisory Committee on Heritage, the Managing Director of Planning and City Planner and the Managing Director of Corporate Services and City Solicitor, with respect to the potential designation of the Blackfriars/ Petersville area as a heritage conservation study area by by-law, pursuant to Section 40.1(1) of the Ontario Heritage Act; it being pointed out that the Planning and Environment Committee heard verbal presentations from the Manager, Land Use Planning Policy, the Managing Director, Corporate Services and City Solicitor, the Manager, Development Services & Planning Liaison and the attached presentation from K. Bice, 2 Leslie Street, on behalf of the Blackfriars community, with respect to this matter.   (2013-R01)

Motion Passed

2.   Blackfriars/Petersville

Neighbourhood Planning Options/6th Report of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 6th Report of the London Advisory Committee on Heritage (LACH) from its meeting held on May 8, 2013:   a)         on the recommendation of the Managing Director, Planning and City Planner, with the concurrence of the Heritage Planner, the Blackfriars/Petersville Neighbourhood BE PRIORITIZED as the next potential Heritage Conservation District on the list of potential Heritage Conservation Districts (Heritage Places: A Description of Potential Heritage Conservation Areas in the City of London, 1993);   it being also noted that the Planning and Environment Committee was advised by the Manager, Policy Planning and Programs, that the Municipal Council, at its meeting held on June 20, 2011, identified SoHo as the next Heritage Conservation District (HCD); noting that the Managing Director, Planning and City Planner’s report, dated May 8, 2013, indicates that SoHo is sixth on the list of potential HCD’s;   b)         a study of the Blackfriars/Petersville Neighbourhood BE UNDERTAKEN for the purpose of designating a heritage conservation district in accordance with the Terms of Reference appended as Schedule “B” of the staff report dated May 8, 2013; and,   c)         subject to the approval of parts a) and b), above, the attached, revised, by-law to designate the Blackfriars/Petersville Neighbourhood heritage conservation study area BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013, to designated a heritage conservation district study area for the Blackfriars/Petersville neighbourhood;   it being noted that the London Advisory Committee on Heritage (LACH) reviewed and received a Report, dated May 8, 2013, from the Managing Director, Planning and City Planner, and heard a verbal delegation from G. Barrett, Manager, Policy Planning and Programs, with respect to this matter;   d)            on the recommendation of the Managing Director, Land Use Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application of M. Schiller/A. Schiller requesting permission for an change to the cladding on the designated heritage property located at 142 Kent Street BE APPROVED; it being noted that the Heritage Planner has reviewed the proposed change and has advised that the impact of such alteration on the heritage features of the property identified in the reasons for designation, while not negligible, is reversible; it being noted that the London Advisory Committee on Heritage (LACH) heard a verbal delegation from A. Schiller with respect to this matter; it being further noted that the Staff report relating to this matter was provided to the LACH at its March 13, 2013 meeting; and,   e)         that clauses 3 through 15, inclusive, of the 6th Report of the LACH, BE RECEIVED.

Motion Passed

1.   Disclosures of Pecuniary Interest

3.   Heritage Conservation Districts

That, the Civic Administration BE DIRECTED to report back at a future meeting of the Planning and Environment Committee with respect to the potential of undertaking concurrent Heritage Conservation Districts, on the list of potential Heritage Conservation Districts (Heritage Places: A Description of Potential Heritage Conservation Areas in the City of London, 1993), including sources of financing and the procedure for undertaking this initiative; it being noted that the Planning and Environment Committee heard verbal presentations from the Manager, Policy Planning and Programs and the Heritage Planner, with respect to this matter.

Motion Passed

11th Report of the Planning and Environment Committee (continued) Councillor B. Polhill presents.

15.   Hazelden Park

That the Civic Administration BE REQUESTED to review  the amount of parking in Hazelden Park and look for potential opportunities to expand the existing parking lot; it being noted that cars are parking along Hyde Park Road during ball games and soccer games.

Motion Passed

Moved by Councillor M. Brown

Seconded by Councillor J.L. Baechler

Recess.   Motion Passed

Motion Passed

9th Report of the Community and Protective Services Committee Councillor D. Brown presents.

Moved by Councillor D. Brown

Approve clauses 1 to 7.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J.P. Bryant disclosed a pecuniary interest in clause 5 of this Report, having to do with the 5th Report of the London Housing Advisory Committee, as it relates to the recommendation related to the Residential Rental Unit Licensing By-law, by indicating that she owns a rental unit.

2.   4th Report of the

London Diversity and Race Relations Advisory Committee

That the 4th Report of the London Diversity and Race Relations Advisory Committee, from its meeting held on April 18, 2013, BE RECEIVED.

3.   No. 7 Fire Station

Relocation Project No. F07-PP1089 Tender No. 13-51

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and the Fire Chief, the following actions be taken with respect to the No. 7 Fire Station Relocation Project No. F07-PP1089 (Tender No. 13-51):   a)         the bid submitted by Graceview Enterprises Inc., 50432 Yorke Line, RR1, Belmont, Ontario N0L 1B0, at its tendered price of $1,824,000.00 (HST excluded) for No. 7 Fire Station Relocation, BE ACCEPTED; it being pointed out that the bid submitted by Graceview Enterprises Inc. was the lowest bid received and meets the City’s specifications and requirements in all areas;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report attached to the staff report dated May 6, 2013;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts which are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the contractor for the work; and   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2013-L04A)

4.   Fence By-law

Amendments

That, on the recommendation of the Managing Director, Development and Compliance Services & Chief Building Official, the proposed by-law appended to the staff report dated May 6, 2013 BE INTRODUCED at the Municipal Council meeting of May 14, 2013, to amend the Fence By-law, PS-6, to for the purpose of addressing public safety.  (2013-C01)

5.   5th Report of the

London Housing Advisory Committee

That the following actions be taken with respect to the 5th Report of the London Housing Advisory Committee (LHAC), from its meeting held on April 10, 2013:   a)       on the recommendation of the LHAC, the Municipal Council BE ADVISED that the LHAC expressed its support for the administration and enforcement of the Residential Rental Units Licensing By-law, with a focus on addressing substandard housing conditions proactively, protecting amenities, character and stability of residential areas and ensuring compliance with the Fire Protection and Promotion Act; and,   b)         clauses 2 to 5 BE RECEIVED.

6.   Request for

Delegation Status - Guaranteed Designs

That the following actions be taken with respect to the request for delegation status from S. Charles, Guaranteed Designs to request an amendment to the Sign and Canopy By-law related to the property located at 1064 Western Road:   a)         the request for delegation status BE NOTED AND FILED; it being noted that a new sign by-law is scheduled to be brought forward at a future meeting of the Community and Protective Services Committee and public comments will be received at that time; and,     b)         the additional correspondence from M. Shahabi, with respect to this matter BE RECEIVED.

7.   Request for

Delegation Status - Youth Create Healthy Communities

That the following actions be taken with respect to the request for delegation status from Youth Create Healthy Communities, related to a proposed student bus pass subsidy from the City of London:   a)         the request for delegation status BE NOTED AND FILED; and,   b)         the Civic Administration BE DIRECTED to arrange a meeting with the local Members of the Legislative Assembly of Ontario, as soon as possible, in for the matter of income redistribution to be further discussed in order to facilitate a program such as the one proposed above.

Motion Passed

13th Report of the Corporate Services Committee Councillor J.P. Bryant presents.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

Motion Passed

14th Report of the Corporate Services Committee Councillor J.P. Bryant presents.

Moved by Councillor J.P. Bryant

Approve clauses 1 to 8, excluding clauses 2, 5,  and 7.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J.P. Bryant disclosed a pecuniary interest in clause 2 of this Report having to do with Western University’s Strategic Plan by indicating that her spouse is on the faculty of Western University.

3.   City Initiated

Assessment Appeals

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, staff BE AUTHORIZED to proceed with appeals under the Assessment Act for the properties as set out in Schedule “A” appended to the staff report dated May 7, 2013.

4.   Voluntary Donations

to a Municipality

That the following actions be taken with respect to voluntary donations to the City of London:   a)         the City of London’s current practices with respect to donations to the City of London BE AFFIRMED; and   b)         the Civic Administration BE REQUESTED to update the City of London’s website to make reference to the ability to make a donation to the City of London, in keeping with current practices.

6.   City of London Days

  • Budweiser Gardens

That, on the recommendation of the City Clerk, notwithstanding Council Policy 3(8) – Policy for City Events at Budweiser Gardens, which restricts a group from having more than two event days over a five year consecutive period, the request from the United Way Campaign to host the annual United Way Campaign Launch & 3M Harvest Lunch on September 19, 2013 BE APPROVED as a City of London Day at the Budweiser Gardens; it being noted that only one other request has been received for 2013.

8.   Additional

Information Regarding Training Expenditures for London Hydro Board Members

That the City Clerk BE REQUESTED to review the appointment process for the City of London’s appointees to its local boards and commissions, with a view to ensuring the process provides for consideration of the qualifications of applicants and that any necessary changes to the appointment process are made prior to the commencement of the new Council term; it being noted that the Corporate Services Committee received a communication dated April 10, 2013, from V. Sharma, Chief Executive Officer, London Hydro Inc., with respect to the training expenditures for a board member for London Hydro.

Motion Passed

2.   Western

University’s Strategic Plan

That the Mayor and the City Manager BE REQUESTED to advise Western University that, further to the letter dated April 24, 2013 from the Mayor and the City Manager providing input on Western University’s strategic plan, the City of London has an interest in connecting international students within the Downtown core through a graduate program; it being noted that the Corporate Services Committee received an information report from the City Manager with respect to this matter.

Motion Passed

5.   Annual Meeting

Calendar

That, on the recommendation of the City Clerk, the annual meeting calendar for the period December 1, 2013 to December 31, 2014, as appended to the staff report dated May 7, 2013, BE APPROVED; it being understood that adjustments to the calendar may be required from time to time in order to accommodate special meetings or changes to governing legislation.

Moved by Councillor J.L. Baechler

Seconded by Councillor S. Orser

Amend the annual meeting calendar to move the SPPC meeting of February 13 to February 10, 2014.

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor J.P. Bryant

Amend clause 5 by revising the annual meeting calendar to include the following new meeting dates:   Dearness Committee of Management:   Thursday, January 23, 2014 at Noon Thursday, March 27, 2014 at Noon Wednesday, June 25, 2014 at Noon Thursday, September 18, 2014 at Noon   Audit Committee:   Thursday, February 13, 2014 at 4:00 PM Thursday, June 26, 2014 at 4:00 PM Thursday, September 25, 2014 at 4:00 PM Thursday, December 11, 2014 at 4:00 PM

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor D. Brown

Approve clause 5, as amended.

Motion Passed

7.   Welcoming the World

to London Campaign

That, on the recommendation of the City Manager, and the Managing Director, Corporate Services and Chief Human Resources Officer, the report dated May 7, 2013 with respect to the Welcoming the World to London Campaign BE RECEIVED for information; it being noted that there will be a future report regarding next steps and the costs associated therewith; it being further noted that the Corporate Services Committee heard a verbal delegation from the Director of Corporate Communications with respect to this matter.

Motion Passed

10th Report of the Civic Works Committee Councillor P. Van Meerbergen presents.

Moved by Councillor P. Van Meerbergen

Approve clauses 1 to 9.

That it BE NOTED that no pecuniary interests were disclosed.

2.   2013 Infrastructure

Lifecycle Renewal Program Contract 3: Dreaney Avenue and King Edward Avenue Reconstruction Project (Tender No. 13-13)

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the award of contracts for the 2013 Lifecycle Renewal Program, Contract #3: Dreaney Avenue and King Edward Avenue Reconstruction Project (ES2414-13, EW3765-13, ES3055):   a)         the bid submitted by Omega Contractors Inc. (Omega), 4104 Breck Avenue, London, Ontario, N0M 2A0, at its tendered price of $1,768,850.15 (excluding H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program, Contract #3 project, BE ACCEPTED; it being noted that the bid submitted by Omega was the lowest of eight bids received and meets the City’s specifications and requirements in all areas;   b)         R.V. Anderson Associates Limited (RVA), 200-557 Southdale Road East, London, Ontario,  N6E 1A2, BE AUTHORIZED to carry out the resident inspection and contract administration for the said project in accordance with the estimate, on file, at an upset amount of $203,500.00 (excluding H.S.T.) based upon the Fee Guideline for Professional Engineering Services recommended by the Ontario Society of Professional Engineers, and in accordance with Section 15.2 (g) of the City of London’s Procurement of Goods and Services Policy;  it being noted that this firm completed the engineering design for the project;   c)         minor future additional annual operating costs of $500.00 BE RECOGNIZED as a result of this project; it being noted that these costs are as a result of new infrastructure installation, and will be considered and accommodated within future Water & Wastewater Operating Budgets;   d)       the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 6, 2013;   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 13-13); 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.   (2013-L04A)

3.   2013 Infrastructure

Lifecycle Renewal Program Contract 8: Manitoulin Drive Reconstruction (Tender No. 13-25)

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the award of contracts for the 2013 Lifecycle Renewal Program, Contract #8: Manitoulin Drive Reconstruction Project (ES2414-12, EW3765-13, TS3014-13, TS3037-13):   a)         the bid submitted by Aar-Con Excavating, 10998 Longwoods Road, Delaware, ON, N0L 1E0, at its tendered price of $1,834,911.50 (excluding H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program, Contract #8 project, BE ACCEPTED; it being noted that the bid submitted by Aar-Con Excavating was the lowest of eleven bids received and meets the City’s specifications and requirements in all areas;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 6, 2013;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 13-25); and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2013-L04A)

4.   2013 Arterial Road

Rehabilitation - Contract - ‘2’ (Tender 13-35)

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the award of the contract for the 2013 Arterial Road Rehabilitation - Contract ‘2’ (TS1446-11 & 12):   a)         the bid submitted by Dufferin Construction Company, 2200 Jetstream Rd, PO Box 189, London, ON, N6A 4V7, at its submitted tendered price of $2,872,006.64 (excluding H.S.T.), for the 2013 Arterial Road Rehabilitation - Contract ‘2’, BE ACCEPTED; it being noted that the bid submitted by Dufferin Construction Company was the lowest of two (2) 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 Environmental and Engineering Services budget in 2014 and subsequent years associated with approval of this tender;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 6, 2013;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 13-35); and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2013-L04A)

5.   Sherwood Forest

Weeping Tile Disconnect Internal and External Works (ES2680) (Tender No. 13-49 and 13-22)

That, on the recommendation of the Managing Director, Environmental & Engineering Services & City Engineer, the following actions be taken with respect to the award of contracts for the Sherwood Forest Weeping Tile Disconnect Internal & External Works (ES2680):   a)         the bid submitted by All Season Excavating, 8513 Churchill Line, Watford, ON, N0M 2S0, at its tendered price of $172,240.00 (excluding H.S.T.), for the construction of the Sherwood Forest Weeping Tile Disconnect Internal Works, BE ACCEPTED; it being noted that the bid submitted by All Season Excavating was irregular (sole bid received) but came in below the estimate, meets the City’s specifications and requirements in all areas, and All Season Excavating was one of five contractors that prequalified to bid;   b)         the bid submitted by All Season Excavating, 8513 Churchill Line, Watford, ON, N0M 2S0, at its tendered price of $305,167.50 (excluding H.S.T.), for the construction of the Sherwood Forest Weeping Tile Disconnect External Works, BE ACCEPTED; it being noted that the bid submitted by All Season Excavating was the lowest of seven bids received and meets the City’s specifications and requirements in all areas;   c)         the Civic Administration BE AUTHORIZED to provide an allotment of $1,000.00 to each homeowner that participates in the weeping tile disconnection program (total of $28,000.00) to cover future operating and maintenance costs for the sump pump;   d)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated May 6, 2013;   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 13-49 & 13-22); 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.  (2013-LO4B)

6.   On-Street Boulevard

Cafe Permit Program

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken to permit the use of on-street municipal parking spaces for boulevard cafes in the Downtown:   a)         the attached revised on-street boulevard cafe principles for the use of on-street municipal parking spaces for boulevard cafes BE APPROVED for a period of up to three years, ending November 1, 2016;   b)         the Civic Administration BE DIRECTED to finalize and report back to Council regarding technical and design guidelines for boulevard cafes; it being noted that the establishment of on-street boulevard cafes under the program shall be at no cost to the City; and,   c)         the current Boulevard Cafe Permit Program BE AMENDED to provide for the use of on-street municipal parking spaces for seasonal boulevard cafes.  (2013-P09)

7.   Veterans Memorial

Parkway South Extension and Highway 401 Interchange Improvements Transportation Environmental Study Report.

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to the Veterans Memorial Parkway South Extension and Hwy 401 Interchange Improvements Environmental Assessment (TS1325):   a)         the Veterans Memorial Parkway South Extension and Highway 401 Interchange Improvements Transportation Environmental Study Report BE ACCEPTED;   b)         a Notice of Completion BE FILED with the Municipal Clerk; and, c)         the Transportation Environmental Study Report BE PLACED on public record for a 30-day review period;   it being noted that the Civic Works Committee (CWC) received the attached presentation from the Division Manager, Transportation Planning and Design, with respect to this matter;   it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.  (2013-E05)

8.   London Transit -

2012 Annual Report

That the communication dated May 1 2012, with respect to the attached London Transit Service 2012 Annual Report, from L. Ducharme, General Manager, London Transit Commission, BE RECEIVED for information; it being noted that the Civic Works Committee received the attached presentation from Mr. L. Ducharme, with respect to this matter. (2013-C03D)

9.   Bruce Street and

Elmwood Avenue

That the communication dated April 5, 2013, from Councillor D. Brown, with respect to traffic flow on Bruce Street and Elmwood Avenue, BE REFERRED to staff for a report back to the Civic Works Committee.   (2013-T04)

Motion Passed

Moved by Councillor P. Van Meerbergen

Seconded by Councillor B. Polhill

Amend the criteria attached to part 6, “Criteria For the on-street Boulevard Cafe Program:” in part j) by adding the words “along Dundas Street within”, following the words “York Street”.

Motion Passed

Moved by Councillor P. Van Meerbergen

Seconded by Councillor P. Hubert

Approve clause 6, as amended.

Motion Passed

5th Report of the Investment and Economic Prosperity Committee Councillor J.B. Swan presents.

Moved by Councillor J.B. Swan

Approve clauses 1 to 5, excluding clause 2

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J. Swan disclosed a pecuniary interest in clause 2 of this report, having to do with the Orchestra London Business Plan, by indicating that he is employed by Orchestra London.

3.   Investment and

Economic Prosperity Project Updates

That, on the recommendation of the Director of Corporate Investments and Partnerships, the Investment and Economic Prosperity Project updates report BE RECEIVED for information; it being noted that the City Treasurer indicated that he would be ensuring that the City’s economic partners understand the urgency of and the requirement for implementation timelines, with regard to the prosperity projects they are involved in.

4.   Eldon House

Corporation First Quarter Update

That the following actions be taken with respect to the Eldon House Corporation first quarter update:   a)         the communication dated April 29, 2013 from the Eldon House Board of Directors, with respect to the 2013 Business Plan for the Eldon House Corporation BE RECEIVED;   b)         the Civic Administration BE REQUESTED to continue to dialog with Museum London with respect to the apportionment of costs related to Eldon House; and,   c)         the 2014 Eldon House budget submission BE REFLECTIVE of a sustainable financial model for the future;   it being noted that the Investment and Economic Prosperity Committee heard the attached presentation from M. Spencer Golovchenko, Chair, Board of Directors and R. Warden, Interim Manager, Eldon House, with respect to this matter.

5.   City of London’s

Various Programs and Projects

That the Civic Administration BE REQUESTED to look at the Community Improvement Program (CIP) within the framework of the Industrial Land Strategy as an economic development instrument with a view to attract businesses and resources for the City of London’s various programs and projects, inclusive but not limited to, the 401/402 Corridor.

Motion Passed

2.   Orchestra London

Business Plan

That, on the recommendation of the Deputy City Treasurer, the following actions be taken with respect to the Orchestra London Business Plan:   a)         the business plan from Orchestra London, BE RECEIVED for information; and,   b)         the business plan noted in a) above, BE REFERRED to the Civic Administration to review, with a report back at the next Investment and Economic Prosperity Committee meeting;   it being noted that the Investment and Economic Prosperity Committee heard a verbal delegation from J. O’Neill, President, Board of Directors, Orchestra London, with respect to this matter.

Motion Passed

9th Report of the Strategic Priorities and Policy Committee Councillor M. Brown presents.

Moved by Councillor M. Brown

Approve clauses 1 to 7.

1.   Disclosures of Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   City of London At

Your Service Video

That it BE NOTED that the City Manager presented the new City of London “At Your Service” video and acknowledged the City’s partnership with Fanshawe College on the project.

3.   London Hydro Inc. -

2012 Annual Meeting of the Shareholder Annual Resolutions

That the following actions be taken arising from the 2012 Annual General Meeting of the Shareholder for the London Hydro Inc.:   a)         the attached presentation from Vinay Sharma, Chief Executive Officer, London Hydro Inc. and Peter Johnson, Board Chair, London Hydro Inc., as well as the London Hydro Annual Report 2012 BE RECEIVED;   b)         on the recommendation of the City Manager, the by-law (Attachment “A”) appended to the staff report dated May 13, 2013 BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013 to:   i)          ratify and confirm the Annual Resolutions of the Shareholder of the London Hydro Inc. attached as Schedule “1” to the by-law; and,   ii)         authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of the London Hydro Inc. attached as Schedule “1” to the by-law; and   c)         the Civic Administration BE REQUESTED to complete its review of the Shareholder’s Declaration, in liaison with London Hydro, and in conjunction with the shared services review, and report back with any suggested changes that may be in order by September 2013.

4.   London &

Middlesex Housing Corporation - 2012 Annual Meeting of the Shareholder Annual Resolutions

That the following actions be taken arising from the 2012 Annual General Meeting of the Shareholder for the London & Middlesex Housing Corporation:   a)         the attached presentation from Steve Matthew, Executive Director, London & Middlesex Housing Corporation, as well as the London & Middlesex Housing Corporation Annual Report 2012 BE RECEIVED;   b)         on the recommendation of the City Manager, the by-law (Attachment “A”) appended to the staff report dated May 13, 2013 BE INTRODUCED at the Municipal Council meeting to be held on May 14, 2013 to:   i)          ratify and confirm the Annual Resolutions of the Shareholder of the London & Middlesex Housing Corporation attached as Schedule “1” to the by-law; and,   ii)         authorize the Mayor and the City Clerk to execute the Annual Resolutions of the Shareholder of the London & Middlesex Housing Corporation attached as Schedule “1” to the by-law.

5.   Development Charges

Policy Review - Local Services Policy

That the following recommendation BE REFERRED back to staff for further dialogue and report back at the June 10, 2013 meeting of the Strategic Priorities and Policy Committee:   “That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental & Engineering Services and City Engineer, the following changes to the City’s “local service” definitions BE APPROVED in principle:   a)            watermain oversizing be claimable from the City Services Reserve Fund; b)            stormwater open channel oversizing be claimable from the Urban Works Reserve Fund - Minor Storm Works;   c)            the definition of Sanitary Sewer Oversizing be reconsidered subject to information to be provided by the Master Servicing Study consultants; and   d)         the definition of storm water management works be more broadly defined as all works required to provide stormwater management servicing that satisfies the requirements of a Class Environmental Assessment process;   it being noted that the Strategic Priorities and Policy Committee (SPPC) heard the attached presentation from the Managing Director, Corporate Services and City Treasurer/Chief Financial Officer, and the Manager, Development Finance, and verbal delegations from Jim Kennedy, President, London Development Institute, and Sandy Levin, 59 Longbow Road, with respect to this matter; it being further noted that the SPPC also received a written communication from Jim Kennedy, President, London Development Institute, with respect to this matter.”

6.   Managing Director,

Corporate Services and City Treasurer, Chief Financial Officer - Development Charge Policy - DC Area Specific Charges

That the following recommendation BE REFERRED back to staff for further dialogue and report back at the June 10, 2013 meeting of the Strategic Priorities and Policy Committee:   “That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer with the concurrence of the Managing Director of Planning and City Planner and Managing Director, Development & Compliance Services & Chief Building Official, the following actions be taken with respect to amending the City’s policy with respect to DC area specific rating:   a)         the Civic Administration BE DIRECTED to complete the 2014 DC rate calculations and draft the 2014 DC by-law amendments necessary to implement differential DC rate calculations for SWM facilities in the Central Thames Watershed (CTW) Area identified in Appendix B to the staff report dated May 13, 2013; and   b)         the Civic Administration BE DIRECTED to develop the implementation rules (including any transitional arrangements and further refinement of the boundary) related to establishing the Central Thames Watershed SWM DC Area Specific Rate for inclusion in the 2014 DC by-law;   it being noted that the Strategic Priorities and Policy Committee (SPPC) heard the attached presentation from the Managing Director, Corporate Services and City Treasurer/Chief Financial Officer, and the Manager, Development Finance, and verbal delegations from Jim Kennedy, President, London Development Institute, and Sandy Levin, 59 Longbow Road, with respect to this matter; it being further noted that the SPPC also received a written communication from Jim Kennedy, President, London Development Institute, with respect to this matter.”

7.   Development Charges

Policy Review - UWRF Framework and Timing of DC Payment - SWM Component

That the following recommendation BE REFERRED back to staff for further dialogue and report back at the June 10, 2013 meeting of the Strategic Priorities and Policy Committee:   “That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer and the Managing Director, Development and Compliance Services and Chief Building Official, the following policy amendments with respect to the City’s Urban Works Reserve Fund (UWRF) and the future funding of Storm Water Management Facilities (SWMs) BE APPROVED IN PRINCIPLE as part of the 2014 DC By-law, subject to further dialogue with external stakeholders with respect to:   -         details of implementation, including the change to the number of SWMs affected and their costs, all of which would ultimately be included in the Background Study in any event; -         how the existing financial obligations of the UWRF (“Transition payments”) will be met through the implementation of the new policy;   -         assurance that the policies being introduced are not intended to be used to unduly delay approvals for land development by staff or by Council; it being noted that the existing Growth Management Implementation Strategy is the mechanism which  facilitates the sufficient supply of serviceable land, and which must be respected following its implementation;   -         an update of Stormwater Management Facility design standards; and   -         details regarding the impact of changing the timing of payment of the SWM component of the DC from building permit to subdivision agreement:   a)            funding of all future SWM works be consolidated under the City Services Reserve Fund (CSRF) – SWM component; it being noted that suitable transitional measures associated with existing claims and development applications involving Urban Works Reserve Funded (UWRF) Storm Water Management Facilities (SWMF) in progress will be in the draft 2014 Development Charges DC By-law; it being further noted that the City’s policy regarding Private Permanent Stormwater Servicing is expected to reduce the number and size of ponds that will be constructed in the future;   b)            revised timing of collection of the SWM component of the DC charge under Section 26 of the Development Charges Act be incorporated in the next DC Rate By-law; it being noted that this will result in DC charge collections for this component being made at time of entering the agreement of subdivision or consent rather than from collection at building permit stage;   c)            new processes for Design and Construction of Storm Water Management Facilities (SWMF’s), as generally summarized in Appendix D be implemented as appended to the staff report dated May 13, 2013;   d)            the Civic Administration be directed to further develop the procedures governing construction of infrastructure undertaken through development agreements, summarized in draft form in Appendix E as appended to the staff report dated May 13, 2013;   e)            the Civic Administration be directed to prepare by-law amendments and further refine administrative processes necessary to effect the above-noted changes coincident with the effective date of the 2014 DC By-law; and   f)             comments received from the London Development Institute, the Urban League and Lyn Townsend, LLB, with respect to the above-noted policy amendments as Appendix G, appended to the staff report dated May 13, 2013 be received for information;   it being noted that the Strategic Priorities and Policy Committee (SPPC) heard the attached presentation from the Managing Director, Corporate Services and City Treasurer/Chief Financial Officer, and the Manager, Development Finance, and verbal delegations from Jim Kennedy, President, London Development Institute, and Sandy Levin, 59 Longbow Road, with respect to this matter; it being further noted that the SPPC also received a written communication from Jim Kennedy, President, London Development Institute, with respect to this matter.”

Motion Passed

Motion Passed

Motion Passed

10th Report of the Committee of the Whole Councillor D.G. Henderson presents.

Moved by Councillor D.G. Henderson

Approve progress on the in camera matters.

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Introduction and 1st Reading of Bill Nos. 211 to 232.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve 2nd Reading of Bill Nos. 211 to 232.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve 3rd Reading and Enactment of Bill Nos. 211 to 232.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Hubert

Approve Introduction and 1st Reading of Bill No. 233.

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor P. Van Meerbergen

Approve 2nd Reading of Bill No.  233, with the corrected typographical error.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve 3rd Reading and Enactment of Bill No. 233, with the corrected typographical error.

Motion Passed

XIV.   ADJOURNMENT

Motion Passed

Motion Passed

Votes

31 substantive votes at this meeting (8 contested, 23 unanimous). Procedural motions excluded.

1#2. (ADDED) Properties

located at 1057, 1059 and 1061 Richmond Street (Z-8106) (Refer to the Planning and Environment Committee Stage for Consideration with Clause 13 of the 11th Report of the Planning and Environment Committee.)

Motion Passed

✅ Motion Passed

Unanimous (15-0)

2#3. Blackfriars/Petersville

Neighbourhood Planning Options/6th Report of the London Advisory Committee on Heritage

That, the following actions be taken with respect to the 6th Report of the London Advisory Committee on Heritage (LACH) from its meeting held on May 8, 2013:   a)         on the recommendation of the Managing Director, Planning and City Planner, with the concurrence of the Heritage Planne…

✅ Motion Passed

Unanimous (14-0)

2#5. Western

University’s Strategic Plan

That the Mayor and the City Manager BE REQUESTED to advise Western University that, further to the letter dated April 24, 2013 from the Mayor and the City Manager providing input on Western University’s strategic plan, the City of London has an interest in connecting international student…

✅ Motion Passed

Unanimous (12-0)

3#3. Heritage Conservation Districts

That, the Civic Administration BE DIRECTED to report back at a future meeting of the Planning and Environment Committee with respect to the potential of undertaking concurrent Heritage Conservation Districts, on the list of potential Heritage Conservation Districts (Heritage Places: A Des…

✅ Motion Passed

Unanimous (14-0)

5#3. Annual Meeting

Calendar

Amend the annual meeting calendar to move the SPPC meeting of February 13 to February 10, 2014.

✅ Motion Passed

Unanimous (14-0)

5#3. Annual Meeting

Calendar

Amend clause 5 by revising the annual meeting calendar to include the following new meeting dates:   Dearness Committee of Management:   Thursday, January 23, 2014 at Noon Thursday, March 27, 2014 at Noon Wednesday, June 25, 2014 at Noon Thursday, September 18, 2014 at Noon   Audit Committee:  …

✅ Motion Passed

View roll call

Yea (13): Paul Van Meerbergen, Matt Brown, Bill Armstrong, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Dale Henderson, Bud Polhill, Judy Bryant, Denise Brown

Nay (1): Paul Hubert

5#3. Annual Meeting

Calendar

Approve clause 5, as amended.

✅ Motion Passed

Unanimous (14-0)

5#5. City of London’s

Various Programs and Projects

That the Civic Administration BE REQUESTED to look at the Community Improvement Program (CIP) within the framework of the Industrial Land Strategy as an economic development instrument with a view to attract businesses and resources for the City of London’s various programs and projects, …

✅ Motion Passed

Unanimous (14-0)

7#5. Development Charges

Policy Review - UWRF Framework and Timing of DC Payment - SWM Component

That the following recommendation BE REFERRED back to staff for further dialogue and report back at the June 10, 2013 meeting of the Strategic Priorities and Policy Committee:   “That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial O…

✅ Motion Passed

Unanimous (14-0)

7#5. Development Charges

Policy Review - UWRF Framework and Timing of DC Payment - SWM Component

Motion Passed

✅ Motion Passed 🔥

View roll call

Yea (8): Paul Van Meerbergen, Bill Armstrong, Joe Fontana, Joe Swan, Stephen Orser, Dale Henderson, Bud Polhill, Denise Brown

Nay (6): Matt Brown, Paul Hubert, Harold Usher, Joni Baechler, Nancy Branscombe, Judy Bryant

7#5. Development Charges

Policy Review - UWRF Framework and Timing of DC Payment - SWM Component

Approve progress on the in camera matters.

✅ Motion Passed

Unanimous (13-0)

8#2. Additional

Information Regarding Training Expenditures for London Hydro Board Members

That the City Clerk BE REQUESTED to review the appointment process for the City of London’s appointees to its local boards and commissions, with a view to ensuring the process provides for consideration of the qualifications of applicants and that any necessary changes to the appointment …

✅ Motion Passed

Unanimous (14-0)

9#2. Bruce Street and

Elmwood Avenue

That the communication dated April 5, 2013, from Councillor D. Brown, with respect to traffic flow on Bruce Street and Elmwood Avenue, BE REFERRED to staff for a report back to the Civic Works Committee.   (2013-T04)

✅ Motion Passed

Unanimous (14-0)

9#2. Bruce Street and

Elmwood Avenue

Amend the criteria attached to part 6, “Criteria For the on-street Boulevard Cafe Program:” in part j) by adding the words “along Dundas Street within”, following the words “York Street”.

✅ Motion Passed

View roll call

Yea (13): Paul Van Meerbergen, Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Dale Henderson, Bud Polhill, Judy Bryant

Nay (1): Denise Brown

9#2. Bruce Street and

Elmwood Avenue

Approve clause 6, as amended.

✅ Motion Passed

View roll call

Yea (13): Paul Van Meerbergen, Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Dale Henderson, Bud Polhill, Judy Bryant

Nay (1): Denise Brown

IV. COMMITTEE

OF THE WHOLE, IN CAMERA

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

✅ Motion Passed

Unanimous (13-0)

VI. CONFIRMATION

AND SIGNING OF THE MINUTES OF THE NINTH MEETING HELD ON APRIL 30, 2013

Approve the Minutes of the 9th Meeting held on April 30, 2013.

✅ Motion Passed

Unanimous (15-0)

XIII. BY-LAWS

Approve Introduction and 1st Reading of Bill Nos. 211 to 232.

✅ Motion Passed

Unanimous (13-0)

XIII. BY-LAWS

Approve 2nd Reading of Bill Nos. 211 to 232.

✅ Motion Passed

Unanimous (13-0)

XIII. BY-LAWS

Approve 3rd Reading and Enactment of Bill Nos. 211 to 232.

✅ Motion Passed

Unanimous (13-0)

XIII. BY-LAWS

Approve Introduction and 1st Reading of Bill No. 233.

✅ Motion Passed

Unanimous (13-0)

XIII. BY-LAWS

Approve 2nd Reading of Bill No.  233, with the corrected typographical error.

✅ Motion Passed

Unanimous (13-0)

XIII. BY-LAWS

Approve 3rd Reading and Enactment of Bill No. 233, with the corrected typographical error.

✅ Motion Passed

Unanimous (13-0)

XIV. ADJOURNMENT

Motion Passed

✅ Motion Passed

Unanimous (13-0)

11. Property located at

425 Wharncliffe Road South

Approve that part b) of clause 11 be amended to read as follows:   “b)       the Approval Authority BE ADVISED that the north and south fences are to be constructed of wrought iron, at a height of 1.8m, the existing interior chain link fence is to be retained, the clear throat access is t…

✅ Motion Passed 🔥

View roll call

Yea (9): Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joni Baechler, Nancy Branscombe, Judy Bryant, Denise Brown

Nay (6): Paul Van Meerbergen, Joe Swan, Stephen Orser, Dale Henderson, Bud Polhill, Sandy White

11. Property located at

425 Wharncliffe Road South

Approve clause 11, as amended, excluding part b).

✅ Motion Passed

Unanimous (15-0)

11. Property located at

425 Wharncliffe Road South

Approve clause 11 b), as amended.

✅ Motion Passed 🔥

View roll call

Yea (8): Matt Brown, Paul Hubert, Harold Usher, Joe Fontana, Joni Baechler, Nancy Branscombe, Judy Bryant, Denise Brown

Nay (7): Paul Van Meerbergen, Bill Armstrong, Joe Swan, Stephen Orser, Dale Henderson, Bud Polhill, Sandy White

12. Properties located

at 3924 and 4128 Colonel Talbot Road (39T-12503/OZ-8052)

That, on the recommendation of the Manager of Development Services and Planning Liaison, the following actions be taken with respect to the appeals by Colonel Talbot Developments Inc., on the neglect by the Municipal Council to make a decision on the Official Plan and Zoning By-law amendm…

✅ Motion Passed

Unanimous (15-0)

15. Hazelden Park

That the Civic Administration BE REQUESTED to review  the amount of parking in Hazelden Park and look for potential opportunities to expand the existing parking lot; it being noted that cars are parking along Hyde Park Road during ball games and soccer games.

✅ Motion Passed

Unanimous (14-0)

16. Properties located

at 1057, 1059 and 1061 Richmond Street

Approve the motion to refer be Amended in part d) by deleting the words “compatible density suggestions” and by replacing them with the words “a maximum density of 45 units per hectare, that is compatible and reflective of the character of the existing neighbourhood”.

✅ Motion Passed

View roll call

Yea (9): Bill Armstrong, Paul Hubert, Harold Usher, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Judy Bryant, Denise Brown

Nay (5): Paul Van Meerbergen, Matt Brown, Joe Fontana, Dale Henderson, Bud Polhill

16. Properties located

at 1057, 1059 and 1061 Richmond Street

Motion Passed

✅ Motion Passed

View roll call

Yea (13): Paul Van Meerbergen, Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Dale Henderson, Judy Bryant, Denise Brown

Nay (1): Bud Polhill