February 11, 2014, at 4:05 PM

Original link

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor D. Brown discloses a pecuniary interest in clause 10 of the 3rd Report of the Planning and Environment Committee and related Bill No. 111, having to do with the properties located at 1920 and 1930 Blue Heron Drive, by indicating that her employer has been in discussions with the proponent of this development.

Councillor J.P. Bryant discloses a pecuniary interest in clause 12 of the 3rd Report of the Planning and Environment Committee, having to do with the boundary expansion request from the Downtown Business Association Improvement Area, by indicating that she owns property within the proposed boundary expansion.  Councillor J.P. Bryant further discloses a pecuniary interest in clause 5 of the 5th Report of the Community and Protective Services Committee, having to do with the 2nd Report of the London Housing Advisory Committee as it relates to proposed amendments to the Secondary Dwelling Units Policy and related proposed Zoning By-law amendments, by indicating that she owns property that contains a secondary dwelling unit.

Councillor M. Brown discloses a pecuniary interest in clause C-1 of the 6th Report of the Corporate Services Committee, having to do with a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which  could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition, by indicating that the Thames Valley District School Board is his employer.  Councillor M. Brown further discloses a pecuniary interest in clause 2 of the 5th Report of the Community and Protective Services Committee, having to do with the 2nd Report of the City of London and Thames Valley District School Board Liaison Committee, by indicating that the Thames Valley District School Board is his employer.

Councillor J.B. Swan discloses a pecuniary interest in clause 5 of the 2nd Report of the Investment and Economic Prosperity Committee, having to do with a proposal for a Downtown Arts and Entertainment District, by indicating that his employer, Orchestra London, is a proponent.  Councillor J.B. Swan further discloses a pecuniary interest in clause 2 of the 3rd Report of the Investment and Economic Prosperity Committee, having to do with a proposal for a Downtown Arts and Entertainment District, by indicating that his employer, Orchestra London, is a proponent.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

V.   RECOGNITIONS

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor B. Polhill

Seconded by Councillor J.P. Bryant

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

Motion Passed

The Council rises and goes into Committee of the Whole, in camera at 4:20 PM, with Mayor J. F. Fontana in the Chair and all Members present.

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FOURTH MEETING HELD ON JANUARY 28, 2014

Moved by Councillor D. Brown

Seconded by Councillor P. Van Meerbergen

Approve the Minutes of the 4th Meeting held on January 28, 2014.

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

6th Report of the Corporate Services Committee

Moved by Councillor J.P. Bryant

Approve clauses 1 to 12, inclusive.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Additional

Municipal Act Reporting Requirements Due to Implementation of Tangible Capital Assets

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, the staff report dated February 4, 2014 regarding additional Municipal Act reporting requirements due to implementation of tangible capital assets BE RECEIVED for information.

3.   Licence Agreement

Renewal - Management of Grosvenor Lodge - 1017 Western Road

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the City-owned property at 1017 Western Road:   a)         the Licence Agreement between the City and the Heritage London Foundation (HLF), appended to the staff report dated February 4, 2014 as Appendix “A” BE APPROVED;   b)         the proposed by-law appended to the staff report dated February 4, 2014 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014 to approve the Licence Agreement and to authorize the Mayor and the City Clerk to execute the Agreement; and   c)         the communication dated January 27, 2014 from P. deLange, A&B Party and Tent Rental, regarding the provision of catering services at Elsie Perrin Williams Estate and Grosvenor Lodge, BE REFERRED to the Licensee for discussion with representatives of A&B Party and Tent Rental.

4.   Licence Agreement

Renewal - Management of the Elsie Perrin Williams Estate

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the City-owned property at 101-137 Windermere Road:   a)         the Licence Agreement between the City and the Heritage London Foundation (HLF) appended to the staff report dated February 4, 2014 as Appendix “A” BE APPROVED;   b)         the proposed by-law appended to the staff report dated February 4, 2014 as Appendix “B” BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014 to approve the Licence Agreement and to authorize the Mayor and the City Clerk to execute the Agreement; and   c)         the communication dated January 27, 2014 from P. de Lange, A&B Party and Tent Rental, regarding the provision of catering services at Elsie Perrin Williams Estate and Grosvenor Lodge, BE REFERRED to the Licensee for discussion with representatives of A&B Party and Tent Rental.

5.   Hours of Voting at

Certain Institutions and Retirement Homes

That, on the recommendation of the City Clerk, the proposed by-law appended to the staff report dated February 4, 2014, to establish hours of voting at certain institutions and retirement homes for the 2014 Municipal Election, BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014.

6.   Municipal Election

Compliance Audit Committee

That, on the recommendation of the City Clerk, with the concurrence of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer and the Deputy Clerk, the following actions be taken with respect to the Municipal Election Compliance Audit Committee:   a)         the proposed by-law appended to the staff report dated February 4, 2014 as Appendix “A” BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014 to establish a Municipal Compliance Audit Committee for the 2014 Municipal Election in accordance with Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended;   b)         the proposed by-law appended to the staff report dated February 4, 2014 as Appendix “C” BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014 to approve the appointments to the Municipal Election Compliance Audit Committee for the 2014 Municipal Election in accordance with Sections 81 and 81.1 of the Municipal Elections Act, 1996, as amended; and,   c)         the Elections Reserve BE APPROVED as the source of funding for the annual operating costs related to the Municipal Compliance Audit Committee for the 2014 Municipal Election.

7.   Tax Adjustment

Agenda

That the recommendations contained in the Tax Adjustment Agenda dated February 4, 2014 BE APPROVED; it being noted that there were no members of the public in attendance to speak to the Corporate Services Committee, at the public hearing associated with the Tax Adjustment Agenda.

8.   Tourism Exemption

That the following actions be taken with respect to the request from C. Morley, Senior Director, Corporate Affairs, Labatt Breweries, for the City of London to pass a by-law to allow a tourism exemption under the Retail Business Holidays Act for Labatt Breweries’ London brewery, and the associated retail store located at the brewery:   a)            the verbal information provided by the City Clerk and the City Solicitor regarding the process and criteria for granting the requested exemption BE RECEIVED;   b)            Labatt Breweries BE REQUESTED to provide the Civic Administration with additional information as to how its request meets the Province’s regulations; and   c)        the Civic Administration BE REQUESTED to take the appropriate next steps to move the request forward.

9.   Consideration for

Appointment to the Agricultural Advisory Committee

That Vince Trudell BE APPOINTED as a Voting Member-at-Large on the Agricultural Advisory Committee for the term ending February 28, 2015.

10.   Consideration of

Appointment to the London Diversity and Race Relations Advisory Committee

That Maggie Zhu from Western University BE APPOINTED as a Non-Voting Member on the London Diversity and Race Relations Advisory Committee for the term ending February 28, 2015.

11.   City-Owned Heritage

Facilities

That the Managing Director, Planning and City Planner BE DIRECTED to explore potential opportunities for engaging partners to lease or manage City-owned heritage properties, as has been done with the Elsie Perrin Williams Estate and Grosvenor Lodge.

12.   Disposition of

City-Owned Lands Adjacent to 25 to 57 Stoneycreek Crescent

That the following actions be taken with respect to the disposition of City-owned lands adjacent to 25 to 57 Stoneycreek Crescent:   a)            clause 7b) of the 2nd Report of the Corporate Services Committee, as adopted by the Municipal Council at its meeting held on December 17, 2013 BE RECONSIDERED; it being noted that clause 7b), as adopted, reads as follows:   “b)       the subject properties referred to as Part A and Part B BE OFFERED for sale to the individual abutting property owners at fair market value in accordance with the City of London’s Sale and Other Disposition of Land Policy, inclusive of ancillary costs associated with the transaction, which includes survey, fencing, and legal; and”;   b)            clause 7b) of the 2nd Report of the Corporate Services Committee BE RESCINDED; and   c)            subject to the adoption of part b), above, the following new clause 7b) BE ADOPTED in order to remove the requirement for fencing:   “b)        the subject properties referred to as Part A and Part B BE OFFERED for sale to the individual abutting property owners at fair market value in accordance with the City of London’s Sale and Other Disposition of Land Policy, inclusive of ancillary costs associated with the transaction, which includes survey and legal; and”.

Motion Passed

4th Report of the Civic Works Committee

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

2.   Contract Award -

Dingman Creek Stormwater Management Erosion Control Wetland Facility (ES2682) (Tender No. T13-89)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of contract for the Dingman Creek Stormwater Management Erosion Control Wetland Facility construction:   a)         the bid submitted by Ron Murphy Contracting Ltd., 4412 Manning Drive, London, Ontario N6L 1K5, at its tendered price of $4,351,269.22 excluding H.S.T., for the construction contract, BE ACCEPTED; it being noted that the bid submitted by Ron Murphy Contracting Ltd. was the lowest of ten(10) bids received and meets the City’s specifications and requirements in all areas;   b)         the engineering fees for Delcan Corporation, 214-1069 Wellington Road South, London, Ontario N6E 2H6, to carry out the Inspection and General Construction Administration, including geotechnical and archaeological inspections, monitoring of the existing water well, post-construction monitoring ($45,372), and contingency, in the total amount of $410,372, excluding HST, for the Dingman Creek Stormwater Management Erosion Control Wetland Facility BE ACCEPTED; it being noted that this firm completed the engineering design in accordance with Section 15, Clause 15.2(g) of the Procurement of Goods and Services Policy;   c)         the financing for the project BE APPROVED in accordance with the “Sources of Financing Report” appended to the staff report dated February 3, 2014; d)         the consulting fees for the project identified in b), above, BE IN ACCORDANCE with the estimate, on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;   e)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work;   f)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contract with the consultant for the work; and,   g)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-L04)

3.   Granular Materials

  • Area “A” and Area “B” (Tender 13-113)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to Tender 13-113 Granular Materials:   a)         the bid submitted by Demar Aggregates, 358 Horton Street East, London, Ontario N6B 1C7, at their tendered annual price of $443,204.50, excluding HST, for Area “A” , north half of the City, BE ACCEPTED;   b)         the bid submitted by Aaroc Aggregates Ltd., 31 Exeter Road, London, Ontario N6L 1B6, at their tendered annual price of $526,618.90, excluding HST, for Area “B”, south half of the City, BE ACCEPTED;   c)         the Civic Administration BE AUTHORIZED to undertake all of the administrative acts that are necessary in connection with these contracts; it being noted that the term of the contracts would be for a period of two (2) years with an option to renew the contracts for a further two (2), one (1) year periods; and,   d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into formal contracts or issuing purchase orders or contract records relating to this approval.  (2014-F18)

4.   Pollution Prevention

and Control Plan - Consultant Appointment Continuation (ES2464-11)

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the award of Phase II of the Pollution Prevention and Control Plan:   a)         CH2M Hill Limited, 72 Victoria Street South, Suite 300, Kitchener, Ontario N2G 4Y9, BE APPOINTED Consulting Engineers for the preparation of Phase II of the Pollution Prevention and Control Plan, at a cost of $322,042.00, including contingency and excluding HST, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2(g) of the City of London’s Procurement of Goods and Services Policy; it being noted that the appointment for subsequent phases will be contingent on satisfactory performance and a future recommendation to Committee and Council;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated February 3, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations. (2014-A05)

5.   Appointment of

Consulting Engineer for Inspection, Contract Administration and Engineering Services Associated with the Construction of the Fox Hollow SWM Facility No. 1 - South Cell and Woodlot Berm (ES0320-FH1)

That, on the recommendation of the Director, Roads and Transportation, the following actions be taken with respect to appointment of a consultant for inspection, contract administration and engineering services associated with the construction of the Fox Hollow No. 1 SWM Facility – South Cell and Woodlot Berm:   a)         the engineering fees for Stantec Consulting Ltd., 171 Queens Avenue, Suite 600, London, Ontario N6A 5J7, to carry out the Inspection and General Construction Administration, including geotechnical inspections, monitoring of existing water wells and  post-construction monitoring, in the total amount of $245,481.50 including contingency, excluding HST, for the Fox Hollow No 1 SWM Facility - South Cell and Woodlot Berm BE ACCEPTED; it being noted that this firm completed the engineering design in accordance with Section 15.2(g) of the Procurement of Goods and Services Policy;   b)         the financing for the project BE APPROVED in accordance with the “Sources of Financing Report” appended to the staff report dated February 3, 2014;   c)         the consulting fees for the project identified in a), above, BE IN ACCORDANCE with the estimate, on file, which are based upon the Fee Guideline for Professional Engineering Services, 2006, recommended by the Ontario Society of Professional Engineers;   d)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work;   e)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contract with the consultant for the work; and,   f)          the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-A05)

6.   Notice of

Completion of the Southwest Area Sanitary Servicing Master Plan: Municipal Class Environmental Assessment for the Southland Wastewater Treatment Plant and Proposed Sanitary Servicing of the Southwest Area (ES5260)

That, on the recommendation of the Director of Water, Wastewater and Treatment, the following actions be taken with respect to the Municipal Class Environmental Assessment (EA) Schedule “B” Study for the Southland Wastewater Treatment Plant (WTP) (in Lambeth) and the Southwest Area Sanitary Servicing (SASS) Master Plan:   a)         the Municipal Class EA Schedule “B” Study Report for the Southland Wastewater Treatment Plant BE ACCEPTED;   b)         a Notice of Completion BE FILED with the City Clerk;   c)         the Municipal Class EA Schedule “B” Southland Wastewater Treatment Plant BE PLACED on public record for a 30-day review period; and,   d)         the Southwest Area Sanitary Servicing (SASS) Master Plan BE ACCEPTED.  (2014-E01)

7.   Application by City

of London - Street Renaming of Tennent Avenue (East Leg)

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the Civic Administration BE REQUESTED to circulate notice of a possible street renaming and change in municipal addressing, with respect to the section of Tennent Avenue between Glengarry Avenue and A. B. Lucas Secondary School, to area residents and report back at a future public participation meeting of the Civic Works Committee.  (2014-D29)

8.   Proposed Waste

Reduction Act and Related Matters for Financing the Blue Box Program

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the staff report dated February 3, 2014, providing updates on the proposed Waste Reduction Act and related matters for financing the Blue Box Program, BE RECEIVED for information.  (2014-F11/E07)

Moved by Councillor P. Hubert

Seconded by Councillor H.L. Usher

Approve that clause 8 be amended by deleting the clause in its entirety and by replacing it with the following new clause:               “That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken regarding the proposed Waste Reduction Act:   a)         the staff report dated February 3, 2014, providing updates on the proposed Waste Reduction Act and related matters for financing the Blue Box Program, BE RECEIVED for information; and,   b)         the Mayor BE REQUESTED to forward a letter to the Premier of Ontario, Kathleen Wynne, the leader of the New Democratic Party Andrea Horwath and the leader of the Progressive Conservative Party Tim Hudak and local Members of the Legislative Assembly of Ontario urging the Province of Ontario to take immediate action to pass the proposed Waste Reduction Act.”

Motion Passed

Moved by Councillor H.L. Usher

Seconded by Councillor S. Orser

Approve clauses 1 to 7 and clause 8, as amended.

Motion Passed

3rd Report of the Planning and Environment Committee

Moved by Councillor J.L. Baechler

Approve clauses 1, 3 to 9, inclusive and clause 11.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that no pecuniary interests were disclosed.

3.   1st Report of the

Trees and Forests Advisory Committee

That the 1st Report of the Trees and Forests Advisory Committee from its meeting held on January 22, 2014 BE RECEIVED.

4.   Response to Land

Use Planning and Appeal System Review for the Ministry of Municipal Affairs and Housing

That, on the recommendation of the Managing Director, Planning and City Planner, the response appended to the staff report dated February 4, 2014, BE ENDORSED; it being noted that the response has been submitted to the Ministry of Municipal Affairs and Housing in order to satisfy the Ministry’s requested deadline; it being further noted that the City’s final response, including any recommended amendments, will be confirmed in further correspondence following the Municipal Council meeting to be held on February 11, 2014.  (2014-D02)

That, on the recommendation of the Planner II, Development Planning, based on the application of Stantec Consulting, relating to a portion of the properties located at 3185 Jinnies Street, 3046 Jinnies Way and 3527 Singleton Avenue, the proposed by-law, as appended to the staff report dated February 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning FROM a Holding Residential R1 (h-82*R1-5) Zone TO a Residential R1 (R1-5) Zone to remove the h-82 holding provision.  (2014-D14B)

6.   Forest Hill (Phase

  1. Subdivision (39T-10501)

That, on the recommendation of the Senior Planner, Development Services, the following actions be taken with respect to entering into a subdivision agreement between The Corporation of the City of London and Sifton Properties Limited, for the subdivision of land over Part of Lot 11, Concession 6, (Geographic Township of London), City of London, County of Middlesex, situated on the north side of North Wenige Drive, municipally referred to as 1100 North Wenige Drive:                 a)         the Special Provisions, as appended as Schedule ‘C’ to the staff report dated February 4, 2014, to be contained in a Subdivision Agreement between The Corporation of the City of London and Sifton Properties Limited, for the Forest Hill (Phase 5) Subdivision, (39T-10501), BE APPROVED;   b)         the financing for this project BE APPROVED in accordance with the “Related Costs and Revenues” appended as Schedule ‘B’ to the staff report, dated February 4, 2014; and,   c)         the Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any amending agreements and all documents required to fulfill its conditions.   (2014-D12)

7.   Property located at

1602 Sunningdale Road West - Ontario Municipal Board Decision (39T-11503)

That, on the recommendation of the Senior Planner, Development Services, the report dated February 4, 2014, with respect to the withdrawal of the appeal to the Ontario Municipal Board, as submitted by Alan Patton, Patton Cormier & Associates, on behalf of Old Oak Properties, relating to the draft plan of subdivision located at 1602 Sunningdale Road West, BE RECEIVED. (2014-L01/2014-D12)

8.   Properties located

at 255 South Carriage Road and 1331 Hyde Park Road - Ontario Municipal Board Decision (39T-08502)

That, on the recommendation of the Senior Planner, Development Services, the report dated February 4, 2014, with respect to the withdrawal of the appeal to the Ontario Municipal Board by Barry Card, on behalf of Sydenham Investments Inc., relating to draft plan of subdivision for the located at 255 South Carriage Road and 1331 Hyde Park Road, BE RECEIVED.  (2014-L01/2014-D12)

9.   Building Division

Monthly Report for December 2013

That the Building Division Monthly Report for the month of December 2013 BE RECEIVED.   (2014-D00)

11.   Property located at

77 Tecumseh Avenue West (Z-8274)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Homes Unlimited Inc., relating to the property located at 77 Tecumseh Avenue West:   a)         the proposed by-law, as appended to the staff report dated February 4, 2014,  BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Residential R8 Special Provision (h-5-h-149-R8-4(21)) Zone, which permits a maximum of 22 residential dwelling units in the public school building, as it existed at the time of passing the by-law, subject to holding provisions which require a public site plan review and confirmation of stormwater management servicing capacity TO a Holding Residential R8 Special Provision (h-149-R8-4(_)) Zone, to permit a maximum of 22 residential dwelling units in a purpose designed 2-storey apartment building with a reduced exterior yard setback of 6.4m subject to a holding provision to ensure sufficient stormwater capacity is available and a Residential R1 Special Provision (R1-3(4)) Zone, which permits single detached residential dwellings with special provisions to allow for reduced front, exterior and interior yard setbacks;   b)         the Site Plan Approval Authority BE REQUESTED to implement, through the site plan approval process, development of the subject property which is consistent with the Site Plan and Elevation Drawings, as appended as Appendix ‘B’ to the staff report dated February 4, 2014, particularly with regard to the following:   i)          the positioning of the building at the street corner across from the public park to create a defined street edge on Tecumseh Avenue West and Winston Avenue; ii)         employing built form and architectural treatments that are sympathetic to the existing residential dwellings in the neighbourhood to create a compatible form of development; iii)         including the various recesses and protrusions along the building facade that mimic the rhythm of existing residential development; iv)        varying materials, colours and architectural detail on the individual facades to add further interest to the streetscape; v)         minimizing the appearance of blank walls by incorporating a combination of architectural articulation, windows, doors, canopies, porches and/or other creative techniques into building facades that are visible from the public streets; vi)        providing a low landscape wall and enhanced planting to screen the parking lot along the Tecumseh Avenue West property line; and, vii)       visually integrating the building into the landscape, through a combination of foundation planting beds, paving, sitting areas, landscape walls and/or other suitable landscape elements or treatments, particularly to the north and west of the proposed building;   it being noted that the Planning and Environment Committee reviewed and received a communication dated November 20, 2013, from K. Wood, 27 Forbes Street, with respect to this matter;   it being pointed out that at the public participation meeting associated with this matter, the following individuals made oral submissions in connection therewith:   -                    Arnon Kaplansky, 599 Maitland Street – indicating that the first report, dated April 9, 2013, recommended 28 affordable housing units plus 10 single-family dwellings; noting that there was a second report provided on April 30, 2013; enquiring as to whether there was any change in the planning principle to change the number of units; indicating that, on page 127 of the Agenda, the last line of paragraph two in the staff report reads “which are consistent with the existing lot fabric established through Registered Plan 488”; advising that the Plan was registered in 1914; and, enquiring as to whether or not the Planners are trying to do what they did in 1914 or are they trying to intensify the use in the Core areas. -                    Derrick McBurney, 4 – 466 South Street – objecting to the misconception of the type of people that move into affordable housing units. -                     Greg Playford, on behalf of the applicant - expressing support for the staff recommendation; noting that the process took longer than they had anticipated; reiterating that they are happy with the outcome; and, believing that it will be a very attractive addition to the affordable housing stock in London.   (2014-D14A)

Motion Passed

Motion Passed

2.   2nd Report of the

Environmental and Ecological Planning Advisory Committee

That the 2nd Report of the Environmental and Ecological Planning Advisory Committee from its meeting held on January 16, 2014 BE RECEIVED; it being noted that the Civic Administration has advised that the Tree Conservation By-law will not be circulated for public review by the end of the first quarter of this year.

Motion Passed

10.   Properties located

at 1920 and 1930 Blue Heron Drive (Z-8282)

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of Gymworld Inc., relating to the properties located at 1920 and 1930 Blue Heron Drive, the proposed by-law, as appended to the staff report dated February 4, 2014, BE INTRODUCED at the Municipal Council meeting to be held on February 11, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a holding Light Industrial Special Provision (h-17LI1(3)) Zone, which permits a range of uses including assembling, bakeries, fabricating, manufacturing, processing,  research and development, warehousing, repair activities, printing and data processing industries, wholesale establishments, custom workshops, service trade and electronic product industries, support offices and commercial schools uses TO a holding Light Industrial Special Provision (h-17LI1(3)/LI3(_)) Zone; it being noted that special provisions include a reduced side yard setback distance of 2.4m from the required 6.0m, a reduced front yard setback distance of 5.0m from the required 9.0m and a reduced parking ratio of 1 parking space per 30m2 for commercial recreational uses from the required 1 parking space per 20m2;   it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2014-D14A)

Motion Passed

12.   Boundary Expansion

Request and By-law Amendment

That the communication dated January 21, 2014, from the London Downtown Business Association Improvement Area, with respect to a boundary expansion request and a review of the current Downtown Business Improvement Area By-law (CP-2) BE REFERRED to the Civic Administration for consideration and to report back at a future meeting of the Planning and Environment Committee;   it being noted that the Planning and Environment Committee reviewed and received the following communications, with respect to this matter:   -           a communication, dated January 21, 2014, from R.T. Usher, Board Chair, London Downtown Business Association and J. MacDonald, Executive Director, Downtown London; and, -           a communication, dated December 10, 2013, from D. Winkler, Richmond Row.   (2014-D19/2014D14A)

Motion Passed

5th Report of the Community and Protective Services Committee

Moved by Councillor M. Brown

Approve clauses 1, 3, 4 and 6.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that the following pecuniary interests were disclosed:   a)         Councillor J.P. Bryant discloses a pecuniary interest in part a) of clause 5 of this Report having to do with the 2nd Report of the London Housing Advisory Committee recommendation related to the Secondary Dwelling Units Policy, by indicating that her residence has a secondary dwelling unit; and,   b)         Councillor M. Brown discloses a pecuniary interest in clause 2 of this Report having to do with the 2nd Report of the City of London and Thames Valley District School Board Liaison Committee, by indicating that the Thames Valley District School Board is his employer.

3.   1st Report of the

Community Safety and Crime Prevention Advisory Committee

That the 1st Report of the Community Safety and Crime Prevention Advisory Committee, from its meeting held on January 23, 2014, BE RECEIVED.

4.   1st Report of the

Accessibility Advisory Committee

That the 1st Report of the Accessibility Advisory Committee, from its meeting held on January 23, 2014, BE RECEIVED.

6.   Strategic Funding

Framework: Revised Grant Agreement

That, on the recommendation of the Managing Director of Neighbourhood, Children & Fire Services, the  proposed by-law, as appended to the staff report dated February 3, 2014, BE INTRODUCED at the Municipal Council Meeting of February 11, 2014 to:   a)         approve the standard form for the Grant Agreement (Schedule A to the by-law) for the Strategic Funding Framework;   b)         delegate to the City Manager, the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, and Managing Director, Neighbourhood, Children & Fire Services, or their respective written designate, the authority to act as City Representative and to insert the details into the respective Agreements in the form approved in (a) above; and,   c)         delegate to the City Manager, the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, and Managing Director, Neighbourhood, Children & Fire Services, or their respective written designate, the authority to execute the said Agreements. (2014 - F11/L04)

Motion Passed

2.   2nd Report of the

City of London and Thames Valley District School Board Liaison Committee

That the 2nd Report of the City Of London and Thames Valley District School Board Liaison Committee, from its meeting held on October 30, 2013, BE RECEIVED.

Motion Passed

5.   2nd Report of the

London Housing Advisory Committee

That the following actions be taken with respect to the 2nd Report of the London Housing Advisory Committee, from its meeting held on January 15, 2014:   a)         clause 1 BE REFERRED to the Civic Administration for review, clause 1 reads as follows:               “1.        That the London Housing Advisory Committee (LHAC) requests that the following actions BE CONSIDERED with respect to proposed amendments to the Secondary Dwelling Units Policy and related proposed Zoning By-law amendments:   a)         removal of the Near-Campus Neighbourhood restriction, based on the following criteria being maintained:   i)          the secondary units require owner occupation; it being noted that submissions have been received by the Planning Department from both Western University and Fanshawe College advising they are not opposed to removing this restriction;  it being further noted that the Near-Campus Neighbourhood includes a significant area of the City; and,   ii)          the five bedroom limit be maintained;   b)         secondary units established between 1995 and 2014 and meeting all current building and safety codes, be exempt from any new, more restrictive policies and/or by-law limitations; and,   c)         the removal of the additional parking space requirement;   it being noted that the LHAC recognizes that secondary units meet a key housing need and the LHAC supports all safe and legal housing”; and   b)         clauses 2 and 3 BE RECEIVED.

Motion Passed

2nd Report of the Investment and Economic Prosperity Committee

Moved by Councillor J.B. Swan

Approve clauses 1 to 4, inclusive.

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor J. Swan disclosed a pecuniary interest in clause 5 of this Report, having to do with a community cultural investment proposal for a downtown arts and entertainment district, by indicating that that his employer, Orchestra London, is a proponent.

2.   WW1 Wooden Gun

Wheel

That the following actions be taken with respect to the potential donation of the “WW1 Wooden Gun Wheel” from the Western Ontario Gunner Officers Association:   a)         the report dated January 27, 2014 from the Director, Corporate Investments and Partnerships, with respect to the above-noted matter, BE RECEIVED for information; and,   b)         the potential donation of the “WW1 Wooden Gun Wheel” BE REFERRED to the Culture Office for review under the City of London Public Art Policy.

3.   London’s Music

Industry Strategy

That on the recommendation of the Director, Corporate Investments and Partnerships, the following actions be taken with respect to a music industry strategy in London:   a)         a Music Industry Development Task Force BE CREATED, to oversee a local music strategy that will support the Province of Ontario Music Fund initiative in London; and,   b)         the Civic Administration, in collaboration with local music stakeholders, BE DIRECTED to prepare a Terms of Reference for the Task Force, for consideration at a future meeting of the Investment and Economic Prosperity Committee.

4.   Western University

and Western University Research Parks - Progress Report #1

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to the Western University and Western University Research Parks; and   a)         the communication dated January 16, 2014, from G. Kulczycki, Vice President, Resources and Operations, Western University, appended to the staff report dated January 27, 2014, with respect to support for an Environment Assessment of Western Road, Sarnia Road and Philip Aziz Avenue, BE RECEIVED for information; and,   b)         the completion of an Environmental Assessment, as noted in a) above, BE SUPPORTED IN PRINCIPLE, in order to carry out the required road improvements and enhancements for Western Road from Huron College southerly to Sarnia Road.

Motion Passed

5.   A Community

Cultural Investment Proposal for a Downtown Arts and Entertainment District

That the delegation from J. Caskey, Chair, Downtown Performing Arts and Entertainment Task Force, with respect to the creation of a Downtown Arts and Entertainment District, BE RECEIVED for information; it being noted that a special meeting of the Investment and Economic Prosperity Committee (IEPC), if required, will be convened at the call of the Vice Chair prior to the next regular meeting, subject to a written submission relating to this matter being available in advance.

Motion Passed

Moved by Councillor M. Brown

Seconded by Councillor D. Brown

Approve that pursuant to section 13.6 of the Council Procedure By-law that clause 5 be reconsidered, due to a misunderstanding of the question that was put.

Motion Passed

Moved by Councillor M. Brown

Approve clause 5.

5.   A Community Cultural Investment Proposal

for a Downtown Arts and Entertainment District

That the delegation from J. Caskey, Chair, Downtown Performing Arts and Entertainment Task Force, with respect to the creation of a Downtown Arts and Entertainment District, BE RECEIVED for information; it being noted that a special meeting of the Investment and Economic Prosperity Committee (IEPC), if required, will be convened at the call of the Vice Chair prior to the next regular meeting, subject to a written submission relating to this matter being available in advance.

Motion Passed

3rd Report of the Investment and Economic Prosperity Committee

1.   Disclosures of Pecuniary Interest

That it BE NOTED that Councillor J. Swan disclosed a pecuniary interest in clause 5 of this Report, having to do with a community cultural investment proposal for a downtown arts and entertainment district, by indicating that that his employer, Orchestra London, is a proponent.

2.   A Community Cultural Investment Proposal

for a Downtown Arts and Entertainment District

Motion Passed

Motion Passed

5th Report of the Committee of the Whole

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the property located at 165 Elmwood Avenue East, being the former London Normal School, the following actions be taken:   a)         the Agreement of Purchase and Sale, substantially in the form attached as Schedule “B” and acceptable to the City Solicitor, submitted by the Province of Ontario as represented by the Minister of Infrastructure (“the Province”), to sell to the City the property municipally known as 165 Elmwood Avenue East, located in Wortley Village, described as Part 1, Plan 33R-17277, containing a land area of approximately 5.03 acres, improved with a 3-storey former institutional building comprising 43,372 square feet, for the purpose of a future lease to the YMCA of Western Ontario, for the sum of $1,685,000.00,  BE ACCEPTED subject to the following conditions:   i)          the City agreeing to pay a deposit of 10% of the purchase price;   ii)         the property being purchased in an “As Is Where Is” condition, without any representation by the Province as to the environmental condition of the property;   iii)         the Province obtaining the consent of the Minister of Tourism, Culture and Sport, given the property is a “provincial heritage property of provincial significance”;   iv)        a covenant being made by the City to provide the Province with a fully executed copy of the new Heritage Conservation Easement Agreement (HCEA) with the Ontario Heritage Trust as a first encumbrance registered on title;   v)         the City entering into a Participation Agreement with the Province, whereby for a period of ten (10) years from the date of closing, the Province has a provision to prevent land speculation. In the event of a bona fide arms-length sale or proposed sale of the property by the City, the Province shall have the right to repurchase the property at the original purchase price or receive any profit by which the sale price exceeds the base amount; and   vi)        the Province and the City being responsible for their own legal and appraisal costs in connection with the subject agreement and the completion of the transaction of purchase and sale;             b)         the financing for this acquisition BE APPROVED as set out in the Source of Financing Report attached hereto as Appendix “A”.

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

1.   (ADDED) Councillor

J. Baechler and Councillor N. Branscombe - Raising the Rainbow Flag on the Community Flag Pole for the Duration of the Olympics

Moved by Councillor J.L. Baechler

Seconded by Councillor N. Branscombe

Approve leave to introduce an emergent motion related to the raising of the Rainbow Flag on the Community Flag Pole in support of the diversity of our Olympic athletes.

Motion Passed

Moved by Councillor J.L. Baechler

Seconded by Councillor N. Branscombe

Approve that notwithstanding Council Policy 16(21) Flags at City Hall, the City Clerk BE DIRECTED to make the necessary arrangements to raise the Rainbow Flag on the Community Flag Pole for the duration of the 2014 Winter Olympics as a show of support for the diversity of our Olympic athletes and Principle 6 of the Olympics Charter: “Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or otherwise is incompatible with belonging to the Olympic Movement.”

Motion Passed

XIII.   BY-LAWS

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

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Introduction and First Reading of Bill No.s 94 to 110, inclusive and Bill No. 112.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Second Reading of Bill No.s 94 to 110, inclusive and Bill No. 112.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve Third Reading and Enactment of Bill No.s 94 to 110, inclusive and Bill No.s 112.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Introduction and First Reading of Bill No. 111.

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor P. Van Meerbergen

Approve Second Reading of Bill No. 111.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Third Reading and Enactment of Bill No. 111.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.B. Swan

Approve Introduction and First Reading of Bill No. 113.

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve Second Reading of Bill No. 113.

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Approve Third Reading and Enactment of Bill No. 113.

Motion Passed

XIV.   ADJOURNMENT

Motion Passed

Votes

13 substantive votes at this meeting (3 contested, 10 unanimous). Procedural motions excluded.

1#7. (ADDED) Councillor

J. Baechler and Councillor N. Branscombe - Raising the Rainbow Flag on the Community Flag Pole for the Duration of the Olympics

Approve leave to introduce an emergent motion related to the raising of the Rainbow Flag on the Community Flag Pole in support of the diversity of our Olympic athletes.

✅ Motion Passed

View roll call

Yea (14): Paul Van Meerbergen, Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Bud Polhill, Sandy White, Judy Bryant, Denise Brown

Nay (1): Dale Henderson

1#7. (ADDED) Councillor

J. Baechler and Councillor N. Branscombe - Raising the Rainbow Flag on the Community Flag Pole for the Duration of the Olympics

Approve that notwithstanding Council Policy 16(21) Flags at City Hall, the City Clerk BE DIRECTED to make the necessary arrangements to raise the Rainbow Flag on the Community Flag Pole for the duration of the 2014 Winter Olympics as a show of support for the diversity of our Olympic athl…

✅ Motion Passed

View roll call

Yea (13): Matt Brown, Bill Armstrong, Paul Hubert, Harold Usher, Joe Fontana, Joe Swan, Stephen Orser, Joni Baechler, Nancy Branscombe, Bud Polhill, Sandy White, Judy Bryant, Denise Brown

Nay (2): Paul Van Meerbergen, Dale Henderson

11#2. Property located at

77 Tecumseh Avenue West (Z-8274)

Motion Passed

✅ Motion Passed

Unanimous (15-0)

12#2. Boundary Expansion

Request and By-law Amendment

That the communication dated January 21, 2014, from the London Downtown Business Association Improvement Area, with respect to a boundary expansion request and a review of the current Downtown Business Improvement Area By-law (CP-2) BE REFERRED to the Civic Administration for consideratio…

✅ Motion Passed

Unanimous (13-0)

2#6. A Community Cultural Investment Proposal

for a Downtown Arts and Entertainment District

Motion Passed

✅ Motion Passed

View roll call

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

2#6. A Community Cultural Investment Proposal

for a Downtown Arts and Entertainment District

That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, on the advice of the Manager of Realty Services, with respect to the property located at 165 Elmwood Avenue East, being the former London Normal School, the following acti…

✅ Motion Passed

Unanimous (13-0)

5#4. A Community

Cultural Investment Proposal for a Downtown Arts and Entertainment District

Approve that pursuant to section 13.6 of the Council Procedure By-law that clause 5 be reconsidered, due to a misunderstanding of the question that was put.

✅ Motion Passed

Unanimous (13-0)

6#4. Strategic Funding

Framework: Revised Grant Agreement

That, on the recommendation of the Managing Director of Neighbourhood, Children & Fire Services, the  proposed by-law, as appended to the staff report dated February 3, 2014, BE INTRODUCED at the Municipal Council Meeting of February 11, 2014 to:   a)         approve the standard form for…

✅ Motion Passed

Unanimous (15-0)

8#2. Proposed Waste

Reduction Act and Related Matters for Financing the Blue Box Program

Approve clauses 1 to 7 and clause 8, as amended.

✅ Motion Passed

Unanimous (15-0)

IV. COMMITTEE

OF THE WHOLE, IN CAMERA

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

✅ Motion Passed

Unanimous (15-0)

VI. CONFIRMATION

AND SIGNING OF THE MINUTES OF THE FOURTH MEETING HELD ON JANUARY 28, 2014

Approve the Minutes of the 4th Meeting held on January 28, 2014.

✅ Motion Passed

Unanimous (15-0)

XIII. BY-LAWS

Approve Introduction and First Reading of Bill No. 111.

✅ Motion Passed

Unanimous (13-0)

12. Disposition of

City-Owned Lands Adjacent to 25 to 57 Stoneycreek Crescent

That the following actions be taken with respect to the disposition of City-owned lands adjacent to 25 to 57 Stoneycreek Crescent:   a)            clause 7b) of the 2nd Report of the Corporate Services Committee, as adopted by the Municipal Council at its meeting held on December 17, 20…

✅ Motion Passed

Unanimous (15-0)