February 11, 2014, at 4:05 PM

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

I.   DISCLOSURES

OF PECUNIARY INTEREST

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:

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

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor J.P. Bryant

Approve clauses 1 to 12, inclusive.

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

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

Motion Passed

2.   A Community Cultural Investment Proposal

for a Downtown Arts and Entertainment District

Motion Passed

Motion Passed

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

Motion Passed

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.

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

Motion Passed

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)

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)

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

Motion Passed

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)

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

Motion Passed

Moved by Councillor M. Brown

Approve clauses 1, 3, 4 and 6.

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

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

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

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

Motion Passed

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

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

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Introduction and First Reading of Bill No. 111.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor P. Van Meerbergen

Approve Second Reading of Bill No. 111.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor P. Van Meerbergen

Approve Third Reading and Enactment of Bill No. 111.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.B. Swan

Approve Introduction and First Reading of Bill No. 113.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve Second Reading of Bill No. 113.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor S. Orser

Approve Third Reading and Enactment of Bill No. 113.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT