September 2, 2014, at 4:03 PM

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The Council meets in Regular Session in the Council Chambers this day at 4:03 PM.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor M. Brown discloses a pecuniary interest in clause C-7 of the 20th Report of the Corporate Services Committee and clause C-1 of the 21st Report of the Corporate Services Committee, respectively, 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; 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 3 of the 17th Report of the Committee of the Whole and the related Bill No. 429, having to do with Lorne Avenue Public School, by indicating that Thames Valley District School Board is his employer.

Councillor N. Branscombe discloses a pecuniary interest in clause 10 of the 20th Report of the Corporate Services Committee, having to do with the offer to purchase industrial lands in the Skyway Industrial Park, Phase II, by indicating that her spouse owns and operates a business in close proximity to the subject property.

Councillor P. Hubert discloses a pecuniary interest in clause 5 of the 15th Report of the Community and Protective Services Committee, having to do with community based Ontario Works service delivery plan, by indicating that he is the Executive Director of a social service agency who has a contract with Ontario Works.  Councillor P. Hubert further discloses a pecuniary interest in clause 2 of the 11th Report of the Investment and Economic Prosperity Committee and the related Bill No. 401, having to do with the Employment Program Support Year and Update and Grant Agreement, by indicating that he is the Executive Director of a social service agency that is a member of the Employment Program Support.

Councillor D. Brown discloses a pecuniary interest in clause 3 of the of the 15th Report of the Planning and Environment Committee and related Bill No. 418, having to do with the property located at 122 Wortley Road, by indicating that she owns property in close proximity to the subject property. Councillor J.B. Swan discloses a pecuniary interest in clauses 3, 4 and 5 of the 11th Report of the Investment and Economic Prosperity Committee, having to do with the Performing Arts Centre, the London Music Strategy and the Orchestra London Credit Guarantee, respectively, by indicating that he is employed by Orchestra London, which has an interest in each of these matters.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

Moved by Councillor J.P. Bryant

Seconded by Councillor H.L. Usher

Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of the clause 25 of the 20th Report of the Corporate Services Committee, having to do with a request for support for Fanshawe College London Downtown Campus, Phase II, immediately following Motions of Which Notice is Given.

Motion Passed

Motion Passed

V.   RECOGNITIONS (continued)

IV.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

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

Motion Passed

Motion Passed

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that the following pecuniary interests were disclosed:   a)         Councillor J. Swan disclosed a pecuniary interest in clauses 3, 4 and 5 of this report having to do with the Performing Arts Centre, London Music Strategy and the Orchestra London Credit Guarantee, by indicating that he is employed by Orchestra London, which has an interest in each of these matters.   b)         Councillor P. Hubert disclosed a pecuniary interest in clause 2 of this report having to do with the Employment Program Support Year End Update and Grant Agreement, by indicating that he is the Executive Director of a social services agency that is involved in the project.

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWENTIETH MEETING HELD ON JULY 29, 2014

Moved by Councillor P. Van Meerbergen

Seconded by Councillor H.L. Usher

Approve the Minutes of the 20th Meeting held on July 29, 2014.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor B. Polhill

Seconded by Councillor W.R. Monteith

Approve receipt and referral of the following Communications, as noted on the Agenda:

2.   Employment Program

Support Year End Update and Grant Agreement

That, on the recommendation of the City Manager the following actions be taken with respect to the extension of the Employment Program Support proposal:   a)            the Employment Program Support, previously approved for one year on a pilot basis, BE APPROVED for one (1) additional year; it being noted that original agreement included an option to extend the pilot for one (1) additional year;   b)            the proposed by-law as appended to the staff report dated August 27, 2014, BE INTRODUCED at the Council meeting of September 2, 2014 to:   (i)            authorize and approve the Grant Agreement (Appendix C) with WIL Counselling and Training for Employment, for the Employment Program Support, attached as Schedule “A” to the by-law; and, (ii)          authorize the Mayor and the City Clerk to execute the above-noted agreement;   c)            the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in connection with this matter;   d)            the financing for this project in the amount of $105,678 BE APPROVED as set out in the Sources of Financing Report, as appended to the staff report dated August 27, 2014; and, e)            any additional and/or ongoing funding requests related to this matter BE DIRECTED to the Strategic Funding Framework as part of the annual budget process;   it being noted that the Investment and Economic Prosperity Committee heard a verbal delegation from W. de Rond, Executive Director, WIL Employment Connections, with respect to this matter.

3.   Performing Arts

Centre Studies

That, on the recommendation of the City Manager, the following actions be taken with respect to the Performing Arts Centre studies:   a)         the following three (3) studies undertaken by NOVITA Interpares Limited BE RECEIVED for information:               i)          Market Analysis;             ii)         Design Criteria and Space Function Program; and,             iii)         Site Analysis Criteria;   b)         the Civic Administration BE DIRECTED to work closely with NOVITA Interpares Limited in order to review the business plan submitted by the project proponents, while utilizing the findings of the above-noted three (3) studies, in the addition to the engagement of the Music Strategy Task Force, Arts Groups and Millennials, intended to help assist with the evaluation process;   c)         based on the review findings, noted above, the Civic Administration, in collaboration with NOVITA Interpares Limited, BE DIRECTED to provide advice to Council; and,   d)         the Civic Administration, through its Intergovernmental Liaison, BE REQUESTED to advise the provincial and federal governments of the City of London’s continued due diligence with respect to the Performing Arts Centre project;   it being noted that public/private partnership opportunities continue to be considered; it being further noted that the Investment and Economic Prosperity Committee heard the attached presentation from B. Arnott, Consultant, NOVITA Interpares Limited, with respect to this matter.

4.   London’s Music

Strategy

That, on the recommendation of the City Manager, the following actions be taken with respect to the London Music Strategy:   a)         the London Music Strategy, prepared by London’s Music Industry Development Task Force, as appended to the staff report dated August 27, 2014, BE ENDORSED IN PRINCIPLE;   b)         funding of up to $150,000 annually for two years, on a pilot basis, for the position of “London’s Music Officer and/or Office”, to assist with advancing the key priorities as outlined in the London Music Strategy, BE APPROVED;   c)            the funding for this project BE APPROVED as set out in the Sources of Financing Report as appended to the above-noted staff report;   d)         any future funding requests associated with this matter from the community BE DIRECTED to the Strategic Funding Framework process as part of the annual budget process; and,   e)         the City of London Corporate Investments and Partnerships and the Culture Office staff representatives, BE DIRECTED to serve as resources to assist with the implementation of the London Music Strategy, and report back on the status of the implementation of the London Music Strategy by the end of 2016;   it being noted that the Investment and Economic Prosperity Committee heard the attached presentation from Robert Breen, London Music Industry Development Task Force Facilitator, with respect to this matter.

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

25.   Properties located

at 447 Old Wonderland Road (Z-8228)

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 2376563 Ontario Inc., relating to the property located at 447 Old Wonderland Road:   a)         the Municipal Council BE ADVISED that Zoning By-law amendment application (Z-8228) has been appealed to the Ontario Municipal Board by Alan Patton of Patton, Cormier & Associates LLP, on behalf of the applicant on the basis of non-decision by Council within 120 days;   b)         the Ontario Municipal Board BE ADVISED that the Municipal Council recommends that Zoning By-law Z.-1 BE AMENDED in accordance with the Official Plan, as appended to the staff report dated August 26, 2014, to change the zoning of the subject property FROM an Open Space (OS1) Zone TO a Holding Restricted Office Special Provision (h-5h-64h-()*RO2()) Zone to include additional regulations;   c)         the Ontario Municipal Board BE ADVISED that the Municipal Council recommends that the Site Plan Approval Authority BE REQUESTED to consider implementing, through the site plan approval process, the design features recommended below:   i)          extensive landscaping along the western edge of the property to screen all exposed parking lots from the Wonderland Road South corridor and create a positive edge condition which enhances the pedestrian experience; ii)          extensive landscaping along the eastern edge of the property abutting the residential lands to provide screening of the parking lot, street, and building from the adjacent residences; iii)         installation of a continuous 1.83 metre (6 feet) minimum sound attenuation fence along the eastern property line directly abutting the adjacent residential lands in order to: mitigate the impacts from the Wonderland Road South corridor, the surface parking lot, and/or any mechanical equipment to the residential uses; screen the residential amenity area; and, prevent pedestrian access from Old Wonderland Road; iv)        if any retaining walls are required they shall be located a minimum 5 metres away from the east side yard adjacent to residential zones; v)         consider additional landscaping in the plantable area within the parking lot islands to reduce the heat island effect of the parking lot; vi)        consider aligning the proposed building with the Teeple Terrace property line in order to allow the building to properly address the street; and, vii)        enhancement of the architecture of the building at the intersection with a change in massing which could include a height element in order to address the corner and provide definition to enhance the pedestrian experience at the intersection;   d)         the Ontario Municipal Board BE ADVISED that the Municipal Council recommends that the request to amend Zoning By-law No. Z.-1, to change the zoning of the subject property FROM an Open Space (OS1) Zone TO a Restricted Office Special Provision (RO2(_)) Zone to permit additional uses BE REFUSED for the following reasons:   i)          the additional uses are not in conformity with the Official Plan; ii)         the additional uses do not meet the location criteria of the Official Plan given the proximity to low density residential development; and,   iii)         the additional uses are not considered office uses contemplated in the Restricted Office Zone;   it being pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-D14)

5.   Deputy City

Treasurer - Orchestra London Credit Guarantee

That, on the recommendation of the Deputy City Treasurer, the following actions be taken with respect to funding assistance for Orchestra London:   a)         the cash flow funding for the months of September to December from the approved 2014 budgeted amount for Orchestra London BE APPROVED for immediate release to Orchestra London, subject to ongoing review and authorization by the Civic Administration;   b)         the discharge of the Guarantee to the Bank of Nova Scotia, as appended to the staff report dated August 27, 2014, BE ACCEPTED;   c)         the proposed By-law, as appended to the above-noted staff report, BE INTRODUCED at the Municipal Council meeting to be held on September 2, 2014 to:   i)          authorize to provide a Guarantee, as appended to the By-law as Schedule A, to the TD Bank Group for the obligations of Orchestra London, in an amount not to exceed $500,000; and, ii)          authorize the Mayor and the City Clerk to execute the above-noted Guarantee.

Motion Passed

Motion Passed

The motion to Approve clauses 4 and 5 is put.

Motion Passed

Motion Passed

6.   Huron Industrial

Park Stormwater Management Servicing Environmental Assessment Consulting Engineer Assignment Increase

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Huron Industrial Park Environmental Assessment:   a)         the consulting fees for Delcan BE INCREASED by $25,230.00 to a new upset limit of $166,530.00, including contingency, excluding H.S.T., in accordance with Section 20.3(e) of the Procurement of Goods and Services Policy;   b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 25, 2014; and,   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2014-A05)

7.   Fanshawe Park Road

East Widening Adelaide Street to McLean Drive Detailed Design and Tendering Appointment of Consulting Engineer

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the Fanshawe Park Road East Widening project:   a)         AECOM Canada Limited, BE APPOINTED Consulting Engineers for the detailed design and tendering of the Fanshawe Park Road East Widening project, in the amount of $579,249.00, excluding H.S.T., in accordance with Section 15.2(e) of the City of London’s Procurement of Goods and Services Policy;   b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approvals 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)

8.   Southdale Road and

Boler Road Intersection Improvements Environmental Assessment Study Appointment of Consulting Engineer

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the Southdale Road and Boler Road Intersection Improvements - Environmental Assessment Study:   a)         Dillon Consulting Limited BE APPOINTED Consulting Engineers to complete the Environmental Assessment Study for the Southdale Road and Boler Road intersection improvements, in the amount of $134,732.40, excluding H.S.T., in accordance with Section 15.2(e) of the Procurement of Goods and Services Policy;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approvals 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)

9.   Sarnia Road

Widening Wonderland Road North to Sleighthome Avenue Detailed Design and Tendering Appointment of Consulting Engineer

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consultant for the Sarnia Road Widening project:   a)         Dillon Consulting Limited, BE APPOINTED Consulting Engineers for the detailed design and tendering of the Sarnia Road project, in the amount of $385,114.40, excluding H.S.T., in accordance with Section 15.2(e) of the City of London’s Procurement of Goods and Services Policy;   b)         the financing for this project BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approvals 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)

11.   Amendments to the

Traffic and Parking By-law

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated August 25, 2014 BE INTRODUCED at the Municipal Council meeting to be held on September 2, 2014 for the purpose of amending the Traffic and Parking By-law (P.S. 111) to regulate traffic and the parking of motor vehicles in the City of London; it being noted that the Civic Works Committee received a communication from B. Stokes, 120 Garland Lane and a communication dated August 14, 2014 from S. Antolini, 120 Garland Lane with respect to this matter.  (2014-C01)

12.   Amendments to the

Traffic and Parking By-law to Address Safety Issues During the Western Fair

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated August 25, 2014 BE INTRODUCED at the Municipal Council meeting to be held on September 2, 2014 for the purpose of amending the Traffic and Parking By-law (P.S. 111) to address safety concerns during the Western Fair.  (2014-C01)

13.   Pollution

Prevention and Control Plan Infoworks Modelling Consultant Appointment

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 Infoworks modelling assignments as part of Phase II of the Pollution Prevention and Control Plan:   a)         the following Consulting Engineering firms BE APPOINTED for the completion of Infoworks hydraulic modelling assignments, in the amounts identified below, all including contingency but exclusive of H.S.T., in accordance with the estimate on file, based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 of the City of London’s Procurement of Goods and Services Policy; it being noted that these consultants shall obtain approval to proceed with subsequent phases of engineering for their projects subject to satisfying all financial, reporting and other conditions contained within this Policy:   i)          Assignment 1: Dillon Consulting Limited, in the amount of $199,832.00; ii)         Assignment 4: AECOM Canada Ltd., in the amount of $74,176.00; iii)        Assignment 5: XCG Consultants Ltd., in the amount of $195,667.00; iv)        Assignment 6: WSP Canada Inc., in the amount of $138,708.00; v)         Assignment 8: GM BluePlan Engineering Limited, in the amount of $269,812.00; and, vi)        Cavendish Assignment: Stantec Consulting Ltd., in the amount of $65,343.00;   b)         the financing for the projects identified in a) above, BE APPROVED in accordance with the Sources of Financing Report appended to the staff report dated August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with these projects;   d)         the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract with each 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;   it being noted that the Civic Works Committee received the attached presentation from T. Copeland, Manager, Wastewater & Drainage Engineering with respect to this matter.  (2014-A05)

14.   Truck Mounted, High

Pressure Sewers Jetters - RFP 14-43

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply and delivery of truck mounted, high pressure sewer jetters:   a)         the submission from Cubex Ltd., 189 Garden Ave., Brantford Ontario N3S 0A7 for the Supply and Delivery of Truck Mounted, High Pressure Sewer Jetters at their submitted price of $840,492.70, excluding H.S.T., BE ACCEPTED;   b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase;   c)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval; and,   d)         the funding for this purchase BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 25, 2014.  (2014-F17)

15.   Boom Flail Mowers

Single Source Procurement

That, on the recommendation of the Managing Director of Environmental and Engineering Services and City Engineer the following actions be taken with respect to the award of contract for two “Trackless” brand, boom flail mowers:   a)         the Civic Administration BE AUTHORIZED to engage in a single source contract as per the Procurement of Goods and Services Policy Section 14.4(e) for two (2) “Trackless” brand, boom flail mowers; it being noted that the cost of these attachments is not to exceed a cost of $31,869.00 per unit plus H.S.T.;   b)         the funding for this purchase BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this contract; and,   d)         the approval hereby given BE CONDITIONAL upon the Corporation entering into a formal contract or having a purchase order, or contract record relating to the subject matter of this approval.  (2014-F17)

16.   City Initiated

Street By-law Refinement Report Residential Driveway Widths

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the attached revised proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on September 2, 2014 for the purpose of amending the Streets By-law No. S.-1 for the purpose of regulating driveway width and access for residential properties in the City.  (2014 - C01/D14)

17.   Single Source Cured

in Place Pipe- Lining Supplies

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the supply of materials to support the City’s cured in place, private drain connection (PDC), lining process:   a)         approval hereby BE GIVEN to enter into negotiations with LMK Enterprises Inc. to provide cured in place pipe, lining supplies for a one (1) year term, with an option to renew the contract two (2) additional years;   b)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this initiative;   c)         the approval herein BE CONDITIONAL upon the Corporation negotiating satisfactory prices, terms and conditions with LMK Enterprises Inc., to the satisfaction of the Managing Director, Environmental and Engineering Services and City Engineer; and,     d)         the approval hereby BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to the subject matter of this approval.  (2014-F17)

18.   Thames Sydenham

Region Source Water Protection Plan Risk Management Services Agreement

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the proposed by-law appended to the staff report dated August 25, 2014, BE INTRODUCED at the Municipal Council meeting on September 2, 2014 to:   a)         approve and authorize a Source Protection Part IV Enforcement Transfer Agreement and Source Protection Joint Risk Management Services Agreement between The Corporation of the City of London and the Upper Thames River Conservation Authority (UTRCA) in order to transfer the responsibility of risk management to the UTRCA and to secure the services of staff at the UTRCA in order to perform risk management duties with respect to the Thames Sydenham Region Source Protection Plan; and   b)         authorize the Mayor and the City Clerk to execute the Agreements noted in a), above, substantially in the form attached to the by-law and to the satisfaction of the City Solicitor;   it being noted that these measures are necessary to fulfill a “standard of care” for our drinking water system and that all costs are able to be accommodated within existing budgets.  (2014-L04A)

19.   Appointment of

Consultant Design and Contract Administration Services for the New Southdale PS and Forcemain

That, on the recommendation of the Director, Water and Wastewater, the following actions be taken with respect to engineering services for the new Southland Pumping Station and Forcemain:   a)         Stantec Consulting Ltd BE APPOINTED Consulting Engineers in the amount of $176,895.60, including 20% contingency, excluding H.S.T., based upon the Fee Guideline for Professional Engineering Services, recommended by the Ontario Society of Professional Engineers; and in accordance with Section 15.2 (d) of the City of London’s 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 August 25, 2014;   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a  formal contract; 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)

20.   Landfill Gas

Utilization - Request for Qualifications

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to landfill gas utilization:   a)         the Civic Administration BE DIRECTED to end negotiations with London District Renewable Energy Cooperative (LDREC) for a joint-venture partnership to construct a landfill gas power plant;   b)         the Civic Administration BE AUTHORIZED to select a short list of private sector power developers who will receive a Request for Proposals for landfill gas utilization rights for the W12A Landfill; it being noted that only developers who can demonstrate their ability to be considered a Qualified Applicant under Ontario Power Authority’s Large Renewables Procurement Request (LRP 1 RFQ) process will be considered;   c)         the Civic Administration BE AUTHORIZED to prepare and release a Request for Proposals (City RFP) for  the sale of landfill gas utilization rights for the W12A landfill; d)         the Civic Administration BE DIRECTED to report back to the Civic Works Committee on the outcome of the LRP 1 RFQ process and the City of London’s Request for Proposals process; and,   e)         the Civic Administration BE AUTHORIZED to undertake all administrative acts in regard to this matter. (2014-F18)

21.   London Transit

Commission 2013 Annual Report

That the communication dated July 17, 2014, with respect to the London Transit Service 2013 Annual Report, from L. Ducharme, General Manager, London Transit Commission, BE RECEIVED for information; it being noted that the Civic Works Committee received a verbal overview from D. Winninger, Chair and L. Ducharme, General Manager, London Transit Commission, with respect to this matter.  (2014-C05)

22.   Installation of

Sidewalks on Shavian Blvd.

That the installation of sidewalks on Shavian Boulevard BE INSTALLED in accordance with the existing plan provided by the Civic Administration; it being noted that the Civic Works Committee received a delegation from J. Hunter, 37 Shavian Boulevard, reiterating her request to have the sidewalk moved into the existing road way and the attached presentation from E. Soldo, Director, Roads and Transportation, with respect to this matter. (2014-T04)

Moved by Councillor N. Branscombe

Seconded by Councillor M. Brown

Approve that clause 22 be amended to read as follows:   “That the following actions be taken with respect to the installation of sidewalks on Shavian Boulevard:   a)            the matter BE REFERRED to the Civic Administration to permit further consultation with the affected residents, as quickly as possible; and,   b)            the Civic Administration BE REQUESTED to investigate opportunities for improved public engagement with respect to construction projects.”

Motion Passed

Motion Passed

The motion to Approve the proposed amendment to part b) of clause 22 is put.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor D. Brown

Approve that pursuant section 13.6 of the Council Procedure By-law that the proposed amendment to part a) of clause 22 BE RECONSIDERED to provide all Members of Council an opportunity to vote on the matter.

Motion Failed

Motion Failed

Moved by Councillor P. Hubert

Approve clauses 1 to 5, inclusive.

23.   Crosswalks on

Belfeld

That it BE NOTED that Councillor S. Orser enquired about the possibility of upgrading the crosswalk on Belfield Street.  The Civic Administration advised that there are plans to enhance the crosswalk pending the passing of provincial legislation.

24.   Consideration of

Appointment to the Environmental and Ecological Planning Advisory Committee

That Pooyan Rahimy BE APPOINTED as a Voting Member-at-Large on the Environmental and Ecological Planning Advisory Committee, for the term ending February 28, 2015.

26.   Election Campaign

Sign By-law Update

That, on the recommendation of the City Clerk, the proposed by-law, as appended to the staff report dated August 26, 2014, BE INTRODUCED at the Municipal Council meeting on September 2, 2014 to repeal and replace By-law No. E.-160-161, being the Election Campaign Sign By-law, in order to reflect current administrative job titles and to correct the numbering of the by-law sections.

28.   Development Charges

and the Community Improvement Plan

That, the communication dated July 26, 2014 from D. Szpakowski, President, Hyde Park Business Association, requesting the initiation of a “Community Improvement Plan” for the Hyde Park area and the request to reconsider the increase to the Development Charges that will be effective January 1, 2015, for the property owned by D & S Pianos on the east side of Hyde Park Road, north of Gainsborough Road, south of the stormwater management pond, BE REFERRED to the Civic Administration for consideration, in the context of what the City can do to help small businesses grow and to report back at a future meeting of the Planning and Environment Committee.   (2014-F21)

29.   Properties located at 51 and 99 Exeter Road

10.   Dundas Flexible

Street Scoping Study Consulting Engineer Assignment Increase

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the Dundas Flexible Street Scoping Study:   a)         the value of the consulting assignment with IBI Group BE INCREASED by $25,000.00 from $95,000.00 to a new upset limit of $120,000.00, excluding H.S.T., in accordance with Section 20.3(e) of the Procurement of Goods and Services Policy; it being noted that a $100,000.00 budget was previously approved for the project;   b)         the financing for this project BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated August 25, 2014; and,   c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work.  (2014-A05)

27.   RFP14-20 Customer

Relationship Management Software Implementation Partner

That on the recommendation of the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the Customer Relationship Management Software Implementation Partner:   a)         the proposal submitted by PricewaterhouseCoopers LLP for the provision of a Customer Relationship Management Software Implementation Partner in accordance RFP14-20, at a total estimated cost of $399,476.25, HST extra, BE ACCEPTED;   b)         the financing for this purchase BE APPROVED in accordance with the “Sources of Financing Report”, as appended to the staff report dated August 26, 2014, as Appendix “A”;                         c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this purchase;   d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract for this purchase; and,   e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract, statement of work or other documents, if required, to give effect to these recommendations.

XI.   ENQUIRIES

At 9:17 PM Her Worship the Mayor places Councillor P. Hubert in the Chair and takes a seat at the Council Board.

Moved by Mayor J. Baechler

Seconded by Councillor P. Hubert,

pursuant to section 17.4 of the Council Procedure By-law leave be given for discussion and debate and the making of a substantive motion with respect to tenant matters at the Budweiser Gardens.

Motion Passed

Motion Passed

Moved by Mayor J. Baechler

Seconded by Councillor B. Polhill

Approve that the administration of the Budweiser Gardens BE ADVISED that the City of London Municipal Council supports the continuation of the engagement of both the London Knights and the London Lightning organizations as tenants at the Budweiser Gardens.

Motion Passed

Motion Passed

1.                     That, as a procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001, the following recommendation be forwarded to City Council for deliberation and a vote in public session:   That, on the recommendation of the Managing Director, Corporate Services and City Treasurer, Chief Financial Officer, with the concurrence of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, the following actions be taken with respect to the properties located at 1175, 1177, 1179, 1181 and 1183 Hamilton Road:   a)         the offer submitted by Frank Fotia to sell to the City the land municipally known as 1175, 1177, 1179, 1181 and 1183 Hamilton Road, located on the south side of Hamilton Road and east of Gore Road, further described as Part Lot 10, Plan 286(c), shown as Parts 1 to 6, Reference Plan 33R12681, containing an area of approximately 1.76 acres, for the purpose of access, expansion and restriction of land uses adjacent to the Pottersburg Wastewater Treatment Facility, for the sum of $300,000.00, BE ACCEPTED subject to the City having ninety (90) days from acceptance to complete soil and environmental investigations; and             b)         the financing for this acquisition BE APPROVED as set out in the Sources of Financing Report  attached hereto as Appendix “A”.   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, 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 acquisition of lands required for the new Fire Station No. 11 and the disposal of surplus lands located at 1192 Highbury Avenue:   a)            the offer (attached as Appendix “C”) submitted by 1640209 Ontario Limited (York Developments) to sell to the City a portion of the lands located on the north side of Savoy Street, further described as Part of Lot 72, Concession E.N.B.T.R., Township of Westminster, designated as Parcel 1, to be defined on a reference plan to be deposited in the City of London, County of Middlesex, containing an area of approximately 1.15 acres, for the purpose of the construction of the future new Fire Station No. 11, for the sum of $600,000.00 BE ACCEPTED, subject to the following conditions:   i)            the City having ninety (90) days from acceptance to satisfy itself as to soil, geotechnical, archaeological and environmental investigations; ii)           the Vendor providing all due diligence reports in draft and/or final form already in the Vendor’s possession iii)          the City agreeing to prepare and deposit a reference plan on title on or before closing;     iv)         the Vendor having one hundred and eighty (180) days to obtain, at its own expense, the appropriate amendments to the Official Plan and Zoning Bylaws necessary for the City to develop and use the property as a fire station; v)          the completion of the transaction being conditional upon the completion of the transaction pursuant to an agreement between the City and the 1640209 Ontario Limited, in respect to the lands described as Part B, Plan 795, designated as Parcel 1 and 2, to be defined on a reference plan to be deposited in the City of London, County of Middlesex;   b)            the financing for the acquisition in a), above, BE APPROVED as set out in the Sources of Financing Report attached hereto as Appendix “A”; and   c)         the offer (attached as Appendix “D”) submitted by 1640209 Ontario Limited (York Developments) to purchase from the City the lands located on the east side of Highbury Avenue North, further described as Part Block B, Plan 795, designated as Parcel 1 and 2, to be defined on a reference plan to be deposited in the City of London, County of Middlesex containing and area of approximately 0.91 acres, for the sum of $600,000.00 BE ACCEPTED, subject to the following conditions:   i)              the Purchaser accepting the Property on an “as is” basis; ii)             the City agreeing to prepare and deposit a reference plan on title on or before closing; iii)            the completion of the transaction being conditional upon the completion of the transaction pursuant to an agreement between the City and 1640209 Ontario Limited with respect to the lands described as Part of Lot 72 Concession E.N.B.T.R., Township of Westminster, designated as Parcel 1, to be defined on a reference plan to be deposited in the City of London, County of Middlesex; iv)           the Purchaser agreeing to accept title to the property subject to an easement in favour of Union Gas; v)            the Purchaser agreeing, following completion of this transaction, to convey a municipal services easement to the City over Parcel 2; vi)        the Purchaser agreeing to construct a walkway over Parcel 3 as per the City of London pedestrian walkway construction standards.

Motion Passed

Motion Passed

Moved by Councillor N. Branscombe

Seconded by Councillor B. Armstrong

Approve clause 3.   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 the following actions be taken with respect to the acquisition of the Lorne Avenue Public School property located at 723 Lorne Avenue:   a)         the Civic Administration BE DIRECTED to submit the proposed Offer to Purchase to the Thames Valley District School Board to acquire the subject property at a purchase price of $550,000, as contained in the staff report dated September 2, 2014, subject to:   i)          the City having 120 days from the date of the Vendor’s acceptance of the Agreement to satisfy itself in its sole and absolute discretion as to the soil and environmental condition of the property;   ii)         the Purchaser successfully rezoning the subject property to an Open Space OS Variation and/or Residential Variation and successfully obtaining an amendment to the Official Plan, if necessary, within 240 days of the Vendor’s acceptance of the Agreement; and   b)         the financing for this acquisition BE APPROVED as $250,000 from the Parklands Reserve Fund and $350,000 from the Miscellaneous Property Acquisition Reserve Fund.

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

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 S. Orser

Approve Introduction and First Reading of Bill No.s 384 to 429, excluding Bill No.’s 401, 402, 418 and 425.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Second Reading of Bill No.s 384 to 429, excluding Bill No.’s 401, 402, 418 and 425.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Third Reading and Enactment of Bill No.s 384 to 429, excluding Bill No.’s 401, 402, 418 and 425.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve Introduction and First Reading of Bill No. 430.

Motion Passed

Motion Passed

Moved by Councillor D. Brown

Seconded by Councillor N. Branscombe

Approve Second Reading of Bill No. 430.

Motion Passed

Motion Passed

Moved by Councillor J.P. Bryant

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No. 430.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Introduction and First Reading of Bill No. 401.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Second Reading of Bill No. 401.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.P. Bryant

Approve Third Reading and Enactment of Bill No. 401.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor N. Branscombe

Approve Introduction and First Reading of Bill No. 402.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Second Reading of Bill No. 402.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No. 402.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor J.P. Bryant

Approve Introduction and First Reading of Bill No. 418.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Second Reading of Bill No. 418.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor H.L. Usher

Approve Third Reading and Enactment of Bill No. 418.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor S. Orser

Approve Introduction and First Reading of Bill No. 429.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Second Reading of Bill No. 429.

Motion Passed

Motion Passed

Moved by Councillor B. Polhill

Seconded by Councillor D. Brown

Approve Third Reading and Enactment of Bill No. 429.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT