June 11, 2013, at 4:06 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:06 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor J.P. Bryant discloses a pecuniary interest in clause 9 of the 10th Report of the Community and Protective Services Committee, having to do with the Residential Rental Units Licensing fees, by indicating that she has a rental unit in her home.    Councillor B. Armstrong discloses a pecuniary interest in clause 9 of the 10th Report of the Community and Protective Services Committee, having to do with the Residential Rental Units Licensing fees, by indicating that he owns rental properties.

Councillor J.B. Swan discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 17th Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition, by indicating that his employer leases space from an involved party.  Councillor J.B. Swan further discloses a pecuniary interest in clause 2 of the 6th Report of the Investment and Economic Prosperity Committee, having to do with the Orchestra London Business Plan, by indicating that Orchestra London is his employer.    Councillor P. Hubert discloses a pecuniary interest in clause C-1 of the Confidential Appendix to the 17th Report of the Corporate Services Committee, having to do with a matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition, by indicating that he is the Executive Director of a social service agency that has a has a purchase of service agreement with Ontario Works.  Councillor P. Hubert further discloses a pecuniary interest in clause 5 of the 6th Report of the Investment and Economic Prosperity Committee, having to do with a letter regarding improving Downtown London, by indicating that he is involved with a social service agency that provides cleaning services in the Downtown.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   2013 Risk-Based

Audit Plan - Boards and Commissions

That the following actions be taken regarding the 2013 Risk-Based Audit Plan – Boards and Commissions:   a)         the report dated May 23, 2013 with respect to this matter BE RECEIVED; and,   b)         the proposed 2013 Risk-Based Audit Plan – Boards and Commissions, identified in Appendix A of the above-noted Report, relating to the London Public Library and London Transit Commission BE CONSIDERED for incorporation into the 2013 Risk-Based Audit Plan.

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

Moved by Councillor J.L. Baechler

Seconded by Councillor P. Hubert

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

Motion Passed

Motion Passed

V.   RECOGNITIONS

3.   Engagement of

PricewaterhouseCoopers (PwC) for Operational Reviews at Boards and Commissions

Moved by Councillor M. Brown

Approve that the following actions be taken with respect to the engagement of PricewaterhouseCoopers (PwC) to undertake operational reviews of the Boards and Commissions:   b)         the  report dated May 23, 2013 regarding this matter BE RECEIVED;   c)         the following letters attached to the above–noted report BE RECEIVED:   (i)         London Police Services dated April 10, 2013; (ii)        London Transit Commission, dated March 28, 2013; (iii)        London Public Library, dated April 12, 2013; and, (iv)       Museum London, dated March 31, 2013;   d)         PricewaterhouseCoopers LLP (PwC) BE AUTHORIZED to prepare an engagement letter for an operational review of the London Transit Commission, on a project determined by PwC, in consultation with London Transit, which is exclusive of London Transit’s current initiatives underway; it being noted that the source of funding is contained within the annual audit budget of $300,000;   e)         any demonstrable savings or efficiency gains resulting from the above-noted operational review of the London Transit Commission BE APPLIED to the London Transit’s Long-term Transit Growth Strategy;   f)         PwC LLP BE AUTHORIZED to prepare an engagement letter for an operational review of the London Public Library, on a review of the Library’s sources of revenue;   g)         the Civic Administration BE DIRECTED to request the London Police Services Board to clarify their intention to undertake an audit of the London Police Services in 2013; and,   h)         future audits for Boards and Commission BE CONSIDERED at future Audit Committee meetings to determine the scope and timing of those engagements;   it being noted that on-going savings achieved should assist in providing sustainable annual budget requests.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor S.E. White

Approve C-1   C-1  That, as a procedural matter pursuant to Section 239(6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Manager of Realty Services, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer and the Director of Environment, Fleet and Solid Waste, with respect to the properties at 3405 Scotland Drive and 4233 Scotland Drive, the following actions be taken:   a)         a W12A Landfill Property Value Protection Plan agreement for 3405 Scotland Drive BE APPROVED;   b)         3405 Scotland Drive BE PURCHASED by the City, subject to negotiating a fair market value price for the property;   c)         a W12A Landfill Property Value Protection Plan agreement for 4233 Scotland Drive BE APPROVED; and             d)         4233 Scotland Drive BE PURCHASED by the City, subject to negotiating a fair market value price for the property.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor H.L. Usher

Approve clauses C-2 to C-8 as follows:

C-2      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 in response to his communication dated June 4, 2013 Councillor S. Orser BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-3      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 in response to his communication dated June 6, 2013 Councillor B. Polhill BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-4      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 in response to her communication dated June 6, 2013 Councillor S.E. White BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in her capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-5      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 in response to his communication dated June 10, 2013 Mayor J.F. Fontana BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-6      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 in response to his communication dated June 10, 2013 Councillor D. Henderson BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-7      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 in response to his communication dated June 11, 2013 Councillor J.B. Swan BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

C-8      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 in response to his communication dated June 11, 2013 Councillor P. Van Meerbergen BE  INDEMNIFIED for legal expenses reasonably incurred by the Council Member by reason of being a member of council  in responding to any summons  to give evidence under oath by the Ombudsman of Ontario pursuant to an investigation by the Ombudsman pursuant to a complaint under s. 239.1 of the Municipal Act, 2001 and the Ombudsman Act on the basis that the Council Member is acting honestly and in good faith in his capacity as a Council Member with a view to the best interests of the Council or the Corporation in responding to the summons of the Ombudsman; and, that the legal accounts be submitted to the City Treasurer for payment following review of the accounts associated with any summons by the City Solicitor only as to the reasonableness of the legal expenses.

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TENTH MEETING HELD ON MAY 14, 2013

Moved by Councillor J.P. Bryant

Seconded by Councillor P. Hubert

Approve the Minutes of the 10th Meeting held on May 14, 2013.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor D. Brown

Approve clauses 1 to 5, 7 and 8.

4.   Engagement of KPMG

for Procedure and Findings Report on the Downtown Camera Program

That, on the recommendation of the Managing Director, Corporate Services, City Treasurer and Chief Financial Officer, the Civic Administration BE DIRECTED to engage KPMG LLP to perform the annual Procedure and Findings Report of the Downtown Camera Program at a cost of $3,250, exclusive of HST.

5.   Proposal Feedback

Letter Regarding Improving Downtown London

That the communication dated May 9, 2013, from R. T. Usher, Board Chair and J. MacDonald, Executive Director, London Downtown Business Association, BE RECEIVED.

7.   Service London

Initiative

That the following actions be taken with respect to a service London initiative:   a)         the communication from Councillor P. Hubert, with respect to a Service London initiative BE REFERRED to the Civic Administration for consideration in its review of services in London; it being noted that the Investment and Economic Prosperity Committee re-iterates its support for a one-stop business enterprise centre for the City of London; and,   b)         the Civic Administration BE DIRECTED to place the Business Enterprise Centre back on the City’s agenda and that the London Economic Development Corporation (LEDC) BE IDENTIFIED as the lead for this initiative, with the Civic Administration to determine a City representative as the co-lead;   it being noted that the Investment and Economic Prosperity Committee heard a verbal delegation from Councillor P. Hubert, with respect to this matter.

8.   Grand Theatre -

Semi-Annual Program and Financial Updates

That D. Harvey, Executive Director of the Grand Theatre BE GRANTED delegation status at the June 24, 2013 Investment and Economic Prosperity Committee meeting to provide an update on the semi-annual program and financials of the Grand Theatre.

6.   Comments on the

London Focus Ontario Fall 2012 Survey

That the following actions be taken with respect to the London Focus Ontario Fall 2012 Survey:   a)         the communication dated April 18, 2013, from G. Macartney, CEO, London Chamber of Commerce with respect to this matter, BE RECEIVED; it being noted that the City Manager has already responded to this communication; and,   b)         the Chamber of Commerce BE ENCOURAGED to undertake its own survey to “get the pulse of business” in the community and provide its comments and suggestions to the Municipal Council.

9.   Western Fair

District

Moved by Councillor J.B. Swan

Approve that the following actions be taken with respect to the Western Fair District:   a)         the communications dated April 26, 2013, from Councillor J. Swan and the Municipal Council resolution adopted at its meeting held on April 16, 2013, with respect to the Western Fair District, respectively, BE REFERRED to the Civic Administration for review;   b)         the Western Fair District BE INVITED to the next Investment and Economic Prosperity Committee (IEPC) meeting to give an overview of its Strategic and Development Plans; and,   c)         the concept and basic parameters of film related business(es) in the City of London BE REFERRED to the Director of Corporate Investment and Partnerships, for consideration; it being noted that the IEPC heard a verbal delegation from J. Hart, Film Director, with respect to this matter.

Moved by Councillor M. Brown

Approve clauses 1, 2 and 4.

12.   Property located at

3557 Colonel Talbot Road - North Lambeth Subdivision - Extension to Draft Plan of Subdivision Approval (39T-00510)

That, on the recommendation of the Senior Planner, Development Services, the Approval Authority BE ADVISED that the Municipal Council supports a six (6) month extension of draft approval for draft approved plan 39T-00510, submitted by Oliver and Associates Realty Inc., relating to the property located at 3557 Colonel Talbot Road, SUBJECT TO the previously imposed conditions. (2013-D12)

13.   Riverbend South

Secondary Plan

That, on the recommendation of the Manager, Development Services and Planning Liaison, the following actions be taken with respect to a request by Sifton Properties Limited to proceed with the preparation of the River Bend South Secondary Plan:   a)         the previously established Terms of Reference BE UPDATED and presented at a public participation meeting of the Planning and Environment Committee in July, 2013;   b)         upon adoption of the Terms of Reference, noted in part a), above, by the Municipal Council, Sifton Properties Limited BE REQUESTED to update the required background studies and complete the Secondary Plan process, with input from the City of London, in accordance with the approved Terms of Reference;   c)         final approval for the Secondary Plan BE WITHHELD until such time as the Part II Order issues, relating to the Tributary ‘C’ Municipal Class EA, have been resolved;   d)         subdivision concept plans BE CIRCULATED as part of the Secondary Plan process; and,   e)         subdivision applications NOT BE ACCEPTED within the River Bend South area as they are considered incomplete until such time as the Part II Order issues, relating to the Tributary ‘C’ Municipal Class EA, have been resolved.   (2013-D08)

14.   Wood Hull

Subdivision (39T-03511)

That, on the recommendation of the Manager, Development Planning, Development Services, the staff report, dated May 28, 2013, relating to the purchase, by Farhi Holdings Corporation (FHC), on December 12, 2012, of the remaining lands of Draft Approved Plan 39T-03511, (Woodhull subdivision), from 777552 Ontario Limited (Phyllis Matthews) BE RECEIVED; it being noted that FHC plans to assume the development as approved. (2013-D12)

15.   Property located at

1030 Elias Street (Z-8154)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of John Kudelka, relating to the property located at 1030 Elias Street:   a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Light Industrial Special Provision (LI1(4)) Zone, which permits manufacturing, warehouse and business service establishments, as well as the occasional use of space within an existing industrial building, as a private club for pigeon racing enthusiasts and a Light Industrial (LI1/LI7) Zone, which permits bakeries, business services establishments, laboratories, manufacturing and assembly industries, support offices, paper and allied products, pharmaceutical and medical product industries, printing, reproduction and data processing industries, research and development establishments, warehouse establishments, wholesale establishments, custom workshops, brewing on premises establishments, service and trades, automobile body shops, automobile repair garages, building or contracting establishments, repair and rental establishments, service and repair establishments, service trades, and truck sales and services establishments, TO a Light Industrial Special Provision (LI1(__)/LI7) Zone, to permit a commercial recreation establishment (indoor rock climbing) in addition to the above permitted industrial uses, and to reduce the required parking ratio related to the commercial recreation establishment; and,   b)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law, as the proposed amendments are minor in nature;   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:   -           John Kudelka, applicant – expressing appreciation to the staff for their effort with this application; expressing concern with section 2 b) i) of the by-law under “Regulation – Landscaped Open Space” by indicating that the existing landscaping may not align with the 7% required; noting that the percentage of landscaping may be closer to 5%; expressing concern with section 2 b) ii) of the by-law under “Regulation – Parking for Commercial Recreation Establishment (Minimum)” by indicating that, in consultation with the Planner, a ratio of one space per 30 square metres has been established; noting that this property currently has 43 parking spaces; and requesting the wording be changed to “not less than the current 43 parking spaces on the property”.    (2013-D14A)

16.   Properties located

at 1930 and 1950 Hyde Park Road (Z-8155)

That, on the recommendation of the Managing Director, Planning and City Planner, with respect to the application of Briar de Lange, relating to the properties located at 1930 and 1950 Hyde Park Road, the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Restricted Service Commercial (RSC1/RSC4/RSC5) Zone, which permits animal clinics, kennels, automotive sales and service establishments, auto supply stores, catalogue stores, duplicating shops, home improvement and furnishing stores, repair and rental establishments, service and repair establishments, studios, taxi establishments, bake shops, day care centres, financial institutions, florist shops, personal service establishments, restaurants, video rental establishments, brewing on premises establishments, auction establishments, building or contracting establishments, building supply outlets, bulk sales establishments, dry cleaning and laundry plants, manufacturing and assembly industries with related sales, garden stores, printing establishments, service trades, support offices, warehouse and wholesale establishments, commercial schools, truck sales and industrial malls TO an Associated Shopping Area (ASA1/ASA2/ASA3) Zone, to permit animal hospitals, convenience service establishments, convenience stores, dry cleaning and laundry plants, duplicating shops, financial institutions, grocery stores, restaurants, retail stores, personal service establishments, pharmacies, printing establishments, video rental establishments, brewing on premises, repair and rental establishments, service and repair establishments, studios, supermarkets, clinics, day care centres, laboratories, and medical/dental, professional and service offices;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-D14A)

17.   Properties located

at 3 Front Street and 5 Front Street

That, on the recommendation of the Manager, Development Planning, Development Services, the following actions be taken with respect to the site plan approval application of Sorin Marinescu, relating to the properties located at 3 Front Street and 5 Front Street:   a)         the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, no issues were raised;   b)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of these Site Plan applications for two duplex dwellings; and,   c)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “A” to the associated staff report, dated May 28, 2013;   it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:   -            Sorin Marinescu, applicant – indicating that, on December 6, 2009, a flood was caused by a main artery pressurizing and breaking overnight; noting that it flooded the entire area; indicating that, at the moment, the development space is dead water storage space, which is why the Upper Thames River Conservation Authority agreed to the development; indicating that there is no danger of the river flooding; advising that the perimeter of the house will be above the 100 year flood line; noting that all of the openings will be above the 250 year flood line so everything should be safe.   (2013-D11)

18.   Property located at

1206 Oxford Street East

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 for surface parking at an existing automobile sales and service establishment, by Zelinka Priamo Limited, relating to the property located at 1206 Oxford Street East:   a)         the Approval Authority BE ADVISED that, at the public meeting of the Planning and Environment Committee held with respect to this matter, no issues were raised; and,   b)         the Approval Authority BE ADVISED that the Municipal Council supports the granting of the Site Plan application for the commercial development;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-D11)

11.   Special Provisions

  • Highland Green London Inc. - Highland Green Subdivision - 181-199 Commissioners Road East (39T-08501)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Highland Green London Inc., for the subdivisions of land over Part of Lot 28, Concession 1, (Geographic Township of Westminster), City of London, County of Middlesex, situated on the south side of Commissioners Road East between Carnegie Lane and Upper Queens, municipally known as 181-199 Commissioners Road East:the Special Provisions, as appended to the staff report dated May 28, 2013 as Schedule “C”, to be contained in a Subdivision Agreement between The Corporation of the City of London and Highland Green London Inc. for the Highland Green Subdivision; (39T-08501) BE APPROVED;   a)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” provided as Schedule “B” to the associated staff report, dated May 28, 2013; and,   b)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions.   (2013-L04)

10.   Subdivision

Agreement - Old Victoria No. 2 SWM facility - Sifton Properties Limited (39T-09502)

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivisions of land over Part of Lots 8 and 9 Broken Front Concession “B” and part of the Road Allowance between Concession 1 and Broken Front Concession “B”, (Geographic Township of Westminster), City of London, County of Middlesex, municipally referred to as 1603 Hamilton Road:   a)         the Subdivision Agreement, as appended to the staff report dated May 28, 2013, between The Corporation of the City of London and Sifton Properties Limited (39T-09502), BE APPROVED;   b)         the financing for this project BE APPROVED in accordance with the “Sources of Financing” provided as Appendix “A” as appended to the staff report dated May 28, 2013;   c)         the Mayor and the City Clerk BE AUTHORIZED to execute the Agreement referred to in part a), above, any amending agreements and all documents required to fulfill its conditions; and,   d)         the Municipal Council BE ADVISED that the following anticipated reimbursements from the Capital Works Budget have been negotiated:   e)         for lands dedicated to the City for the construction of Old Victoria No. 2 SWM Facility, (being Block 153 of  the Draft Approved Plan 39T-09502), the estimated cost of which is $252,254.38, (1.007 ha) at $247,100/hectare ($100,000/acre) and 0.252 ha at $13,590/ hectare ($5,500/acre), plus applicable taxes.  (2013-L04)

19.   Property located at

1464 Adelaide Street North (Z-8144)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Fattema El shakaki, relating to the property located at 1464 Adelaide Street North:   a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013 to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to amend the Convenience Commercial Special Provision (CC6(1)) Zone, which permits convenience service establishments, convenience business service establishments,  convenience stores, day care centres, financial institutions, food stores, offices, personal service establishments, studios, and take-out restaurants, without drive-through facilities, dwelling units together with any other permitted uses, brewing on premises establishments, and medical/dental offices, and prohibits outdoor patios, by stating that for the purposes of the Convenience Commercial Special Provision (CC6(1)) Zone, a studio shall be considered to include a fitness centre, and restricting fitness centres to a maximum gross floor area of 100 square metres; and,   b)         the request to amend Zoning By-law No. Z.-1 to change the zoning of the subject property FROM a Convenience Commercial Special Provision (CC6(1)) Zone TO a new Convenience Commercial Special Provision (CC6(__)) Zone, to permit commercial recreation establishments, BE REFUSED for the following reasons:   i)          it is more appropriate to modify the existing special provision as the prohibition on outdoor patios continues to be appropriate for the site; ii)         the more limited use of a fitness centre is more appropriate than the full range of uses permitted by the commercial recreation establishment definition; and, iii)         a maximum limit on the Gross Floor Area (GFA) for the fitness centre use is necessary in order to ensure the fitness centre operates at a community oriented scale;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.  (2013-D14A)

20.   Western Counties

Health and Occupational Centre Grounds: Cultural Heritage Landscape - Official Plan Amendment (O-8170)

That, on the recommendation of the Director, Land Use Planning and City Planner, the following actions be taken with respect to the Cultural Heritage Landscape Official Plan Amendment for the Western Counties Health and Occupational Centre:   a)         the proposed by-law, as appended to the staff report dated May 28, 2013, BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Section 13.5.5 of the Official Plan to add the Western Counties Health and Occupational Centre Grounds as a Listed Cultural Heritage Landscape and to adopt the Western Counties Health and Occupational Centre Cultural Heritage Plan (Appendix “B”) as a Guideline document pursuant to Section 19.2.2 of the Official Plan by amending Section 19.2.2. ii) to add it to the list of Guidelines;   b)         the staff report, dated May 28, 2013, with respect to the Cultural Heritage Landscape Official Plan Amendment for the Western Counties Health and Occupational Centre, BE RECEIVED; it being noted that specific  matters addressed in the staff report include:   i)          a comprehensive history of the site; ii)         an assessment of the site’s cultural heritage value; iii)         a review of Municipal and Provincial Land Use Policy pertaining to heritage designation, and; iv)           a recommended, phased implementation plan for the site’s conservation, rehabilitation and public use;   c)         the Civic Administration BE DIRECTED to negotiate amendments to the existing Three Party Joint Use and Maintenance Agreement, dated August 23 2004, between The Corporation of the City of London, London Health Sciences Centre and St. Joseph’s Health Care, London, to reflect the existing site conditions and future use of the Western Counties Occupational Centre grounds relative to the revised infrastructure needs;   d)         the Civic Administration BE DIRECTED to determine an appropriate commemoration for former Heritage Planner Chris Nelson for her accomplishments relating to cultural heritage; and,   e)         the attached communication, dated May 27, 2013, from S. Levin, Chair, Conservation Committee, Nature London, BE RECEIVED;   it being pointed out that there were no oral submissions made at the public  participation meeting associated with this matter.   (2013-R01)

21.   Properties located

at 404-408 Pall Mall Street and 660 Colborne Street (Z-8152)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Gus Aggelopoulos, relating to the property located at 404-408 Pall Mall Street & 660 Colborne Street:   a)         the attached, revised, proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on June 11, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Residential R8/Convenience Commercial (R8-1/CC) Zone, which permits such uses as apartment buildings, stacked townhouses, emergency care establishments and continuum-of-care facilities at a maximum height of 13.0 metres and a maximum density of 40 units per hectare, and convenience service establishments, convenience stores, financial institutions and personal service establishments without drive-through facilities, TO a Residential R8/Convenience Commercial Special Provision (R8-1/CC(_)) Zone, to permit in addition to the above-noted uses, a restaurant, without a drive-through facility, to a maximum gross floor area of 75 square metres within the existing building, and to require a minimum of five on-site parking spaces for all uses within the existing building;   b)         the Civic Administration BE REQUESTED to undertake the following actions with respect to boulevard parking:   i)          review the Owner’s compliance in all respects with the Agreement between the City and Owner under Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (The Boulevard Parking Agreement); ii)         if necessary, require the Owner to comply with the Agreement, in all respects, or alternatively, enter into a revised Boulevard Parking Agreement to the satisfaction of the City Engineer; it being noted that the revised Agreement would need to include appropriate landscaping; and, iii)         report back to the Planning and Environment Committee; and,   c)         pursuant to Section 34(17) of the Planning Act, as determined by the Municipal Council, no further notice BE GIVEN in respect of the proposed by-law as:   i)          the restriction of the recommended use to within the existing building was the basis on which notice of application and notice of public meeting were given; and, ii)         the requirement for a minimum of five on-site parking spaces recognizes an existing site condition, and was discussed at the public meeting held on May 28, 2013;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    Matt Falls, 421 Pall Mall Street – indicating that he submitted a communication to the Planning Department which is included in the staff report; indicating that the communications provided by area residents include two enquiries for clarification, three letters of support and eight expressing opposition; noting that the letters of opposition include the local area neighbourhood association, Piccadilly Area Neighbourhood Association; enquiring about parking and the movement of equipment or traffic around the site; enquiring about the type of garbage storage container to be used and who would be responsible for garbage service; expressing concern with people throwing paper cups on their lawns; indicating that this is a further degrading of the area residents premises; respecting that the applicants have tried to work with the neighburhood; noting that it does not make this any better for the area residents; requesting the larger area of the neighbourhood that is in objection to this be taken into consideration; indicating that this is the first time he has heard of the installation of a patio; and inquiring as to whether or not the recommendation of the Planning and Environment Committee will remain the same if a patio is added to the application. -                     Mr. Wright, owner – advising that they live in the greater neighbourhood; noting that they live north of Oxford Street, near the University; indicating that he is also  a lawyer at Siskinds, which is right across the street from the subject property; indicating that their children attend school half a block from the subject property; noting that they are very much in the neighbourhood and interested in the neighbourhood; advising that this is something that they have enjoyed in their travels and do not see a lot of in Ontario; and indicating that the espresso bar will be an improvement. -                     Charmaine Specter, 408 Pall Mall Street – expressing support for the application; enquiring about the amount of parking available; indicating that there is not much room for vehicles to maneuver around the building; noting that the building has been damaged on both corners; suggesting that perhaps parking spaces 5 and 6, as shown on the map presented during the Planning and Environment Committee meeting, can be changed to be adaptive so that it is easier for a car to go around the building; enquiring as to whether or not the owners are planning to have a patio in the front of the building; advising that the tin building at the back is garbage storage for the tenants; noting that there are approximately 5 spaces for garbage bins, with room for blue boxes; indicating that the current façade is not pleasing to the environment; indicating that the variety store is closed more often than it is open; hoping that the espresso bar is not open until 1:00 AM; and indicating that she believes that this proposal will enhance the neighbourhood. -                     George Namo, Owner, Helen’s Variety – advising that he presently serves coffee, but is unable to accommodate everything the applicant is asking for; and, enquiring as to the reason for the zoning amendment. -                     Bert Killian, 428 Pall Mall Street – advising that this is a very congested intersection; indicating that, approximately 5 or 6 years ago, the residents had the stop sign installed to allow the children to cross the intersection safely; indicating that the amount of traffic in this area has been undersold; indicating that you can walk up the street to the variety store at Maitland Street and Pall Mall Street; advising that there is congestion  now, with the railway crossing and the bus stop right there; advising that he spent several years in the safety business and this is a safety issue; and recommending that this application be reviewed for safety. -                     Ben Billings, Insites Consulting, on behalf of the applicant – advising that the essential approach to this application is not to make many changes to the site; indicating that the site functions for the convenience store that exists there now; advising that the premise that they are operating on is that the espresso bar will not introduce any increased impact to the site; indicating that the garbage facility that is there now is anticipated to be more than sufficient for any refuse that is generated from the espresso bar; advising that they will comply with the Engineering Department regulations relating to the minimum five parking spaces that currently exist; advising that they are working with what they have; noting that refuse is a concern; further noting that they will ensure that refuse is properly stored; anticipating normal city service for garbage collection; indicating that they will supply receptacles for litter; indicating that they are trying to improve the neighbourhood;  advising that a majority of the clientele for the espresso bar would be walk-in traffic from the area; noting that it is going to be a local establishment run by a local family that is quite excited about this opportunity; indicating that they will continue to work with the neighbours to ensure that the minor details outlined at the public participation meeting are looked after; advising that they will work with the City with respect to the existing boulevard parking agreement, and any amendments required, to ensure that it properly reflects what is going on with the site today and what is proposed for the future; advising that they would like to install a patio during summer months; noting that they need to discuss this idea with City staff; indicating that they are requesting the zoning amendment to allow them to install an espresso bar; and advising that they do not believe that their application will exacerbate any safety issues that exist today.   (2013-D14A)

22.   Downtown Heritage

Conservation District Plan - Ontario Heritage Act Appeal (O-8024)

That, on the recommendation of the Managing Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED that Municipal Council consents to an amendment of Section 2.2, Heritage Character Statement, in the Downtown Heritage Conservation District Plan, by adding the following words, as underlined:   Industrial and wholesale structures developed in response to the road and rail systems running through the Downtown. Concentrated around York and Richmond, a prime example is the terra cotta McMahen-Granger building. The commercial, industrial and administrative functions of the Downtown brought a concentration of financial services to the area. As one of the largest concentrations of similar-use buildings today, they too reflect the prolonged periods of development. Jeffery’s London Life, Cronyn’s Huron and Erie/Canada Trust, and Ivey’s Northern Life all left buildings representative of their respective rise to national significance.  In fact, London Life continues to have a significant presence in the Downtown.  The Plan anticipates that London Life will maintain this significant presence in the Downtown, and that the current streetscape elevations along Dufferin Avenue, Wellington Street and Queens Avenue will be conserved as the site continues to develop over time.  In most cases the financial service sector drew their investment funds from the Downtown’s industries and wholesalers including J. W. Little’s dry goods empire, the Hobbs glass works and the Joseph Smith Southern Cigar Factory, all of which built significant structures in the Downtown.  (2013-R01)

Moved by Councillor J.L. Baechler

Seconded by Councillor B. Polhill

Amend clause 6, to add a new part d), as follows:   ” d)      the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee with respect to the potential use of First Quarter Corporate surplus funds, if available, in order to facilitate a Fall planting of trees, in 2013;”

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve clause 6, as amended.

Motion Passed

Motion Passed

That the following actions be taken with respect to  an update on the Emerald Ash Borer Program:   a)         the Civic Administration BE REQUESTED to identify tree planting capacities and to report back to a future meeting of the appropriate Standing Committee;   b)         the Civic Administration BE REQUESTED to submit an updated business plan with respect to this matter as part of the 2014 Budget process; it being noted that the business plan should provide information pertaining to the necessity for replanting trees; and,   c)         the Civic Administration BE REQUESTED to report back on the possible establishment of a program where the Development Industry may be required to plant two trees for every tree it removes and/or establish a cash-in-lieu fund   d)         the Civic Administration BE DIRECTED to report back to the appropriate Standing Committee with respect to the potential use of First Quarter Corporate surplus funds, if available, in order to facilitate a Fall planting of trees, in 2013.   (2013-E04)

Moved by Councillor M. Brown

Approve clauses 1 and 2.

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

Councillor Orser enquires as to penalties under the Ombudsman Act, related to recent ‘tweets’ by the Ombudsman.  The City Solicitor addresses the enquiry.

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor P. Hubert

Seconded by Councillor P. Van Meerbergen

Approve the introduction and first reading of Bill No.’s 235 to 272, including the revised Bill 250 and the added Bill No.s 273, 274 and 275.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor P. Hubert

Approve second reading of Bill No.’s 235 to 272, including the revised Bill 250 and added the Bill No.s 273, 274 and 275.

Motion Passed

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor P. Hubert

Approve third reading and enactment of Bill No.’s 235 to 272, including the revised Bill 250 and the added Bill No.s 273, 274 and 275.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT