twentieth meeting london november 3,2008council.london.ca/meetings/archives/reports and... ·...

C O U N C I L P R O C E E D I N G S

TWENTIETH MEETING

London C A N A D A

333.

334.

335.

336.

337.

338.

November 3,2008

The Council meets in Regular Session in the Municipal Offices this day at 5:OO p.m.

PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, W. J. Armstrong, B. R. MacDonald, S. Orser, J. L. Baechler, W. Lonc, P. Hubert, S. E. Eagle, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and K. Bain (City Clerk).

At the beginning of the Meeting all Members are present except Councillors Armstrong, Caranci, MacDonald, Branscombe, Eagle, Van Meerbergen and Miller.

Councillor Eagle enters at 5:Ol p.m.

Councillors Caranci, MacDonald and Miller enter at 5:02 p.m.

Her Worship the Mayor presents a plaque for "London's Featured Company" to Blair Poetschke, President and CEO, Martin Hess, Director of Sales and Marketing and Peter Plouf, Director of Research and Development representing Scisense Inc.

Her Worship the Mayor presents a certificate for "London's Featured Community Organization" to David Dawe, Donna Crosby, Cindy Verdon, Jay Mandel and Keith Root of The Red Circle Hockey Club.

Councillor Armstrong enters the meeting at 5:05 p.m.

DISCLOSURES OF PECUNIARY INTEREST

Councillor Baechler discloses a pecuniary interest in clause 8 of the 28th Report of the Planning Committee, as well as the related Bills 396 and 399, all having to do with property located at 1510-1540 Fanshawe Park Road West by indicating she has a business that operates from an adjacent property.

Councillor Orser discloses a pecuniary interest in clause 19 of the 28th Report of the Planning Committee, as well as the related Bill 397, both having to do with property located at 909 Adelaide Street North by indicating the subject property is in close proximity to his residence.

Councillor Bryant discloses a pecuniary interest in clause 4 of the 31st Report of the Board of Control having to do with the proposed supply, delivery and installation of electric adjustable beds for the Dearness Home by indicating that her spouse is a Director of the Local Health Integration Network.

Deputy Mayor Gosnell discloses a pecuniary interest in clause 8 of the 28th Report of the Planning Committee, as well as the related Bills 396 and 399, all having to do with property located at 1510-1540 Fanshawe Park Road by indicating that he has a client who owns property in close proximity to the subject lands. Deputy Mayor Gosnell further discloses a pecuniary interest in clause 10 of the 28th Report of the Planning Committee having to do with the Southwest Area Study by indicating that he has a client who owns property in close proximity to the subject lands.

The Chair directs that the order of business be changed to permit the consideration of clause 14 the 31st Report of the Board of Control at this time.

31ST REPORT OF THE BOARD OF CONTROL

Controller Hume presents the 31st Report of the Board of Control.

Controller Hume moves that clause 14 be adopted

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The City Treasurer provides a brief overview of the City's updated debt strategy.

The motion to adopt clause 14 is put and CARRIED.

Clause 14 reads as follows:

1. That, on the recommendation of the City Treasurer, the Director of nancial Policy and Planning and the General Manager of Finance and Corporate srvices, the following policy approach to debt management BE ENDORSED:

(i) Council continue to use the debt cap to control the amount of debt authorized each year, noting a review of the debt cap should be undertaken following the completion of the 2009 Development Charge Study and that the debt cap may have to be adjusted on a periodic basis to reflect infrastructure requirements and funding circumstances;

in accordance with the December 3, 2007 Council resolution, 50% of the balance of year end surplus be applied to debt reductionlelimination and/or avoidance; and

Council continue to apply funds from senior levels of Government to capital projects to strategically reduce the debt component of these projects; and

(ii)

(iii)

subject to direction from London Hydro and improvements in the capital markets, London Hydro make a payment of a special dividend, the amount to be determined by agreement with London Hydro based on their capital needs, with such payment to be applied to reduce authorized debt, noting that current debt servicing charges will remain in effect as a means of substantially reducing the amount of issued debt over the timing horizon, which is well in excess of ten years;

that the Corporation's liquidity and financial position are in very good due to existing debt management practices enacted by Council, while other

capital budgeting and financial practices in place have resulted in funding for infrastructure; it being further noted that the City Treasurer

&bebad presentation with respect to this matter. (FO8-00)

MINUTES

339. Councillor Miller moves, seconded by Councillor Bryant, that the Minutes of the Nineteenth Meeting held on October 20, 2008 be adopted. CARRIED

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

The Council reviews the confidential matters listed for consideration at this meeting and determines that none should be considered in public.

340.

COMMUNICATIONS

341. The Chair directs that the actions suggested by the City Clerk with respect to Communication No.'s 1 to 3, inclusive, as identified on the Orders of the Day and on the Added Communications be taken.

REPORTS

31ST REPORT OF THE BOARD OF CONTROL Icontinued)

342. Controller Hume moves that clauses 1 to 10, inclusive, be adopted.

Controller Humes moves, seconded by Councillor Baechler, that clause 10 be amended to read as follows:

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amended, clause 9 and clause 10, as amended read as follows:

1. That, on the recommendation of the Director of Roads and Transportation, the following actions be taken with respect to uniformed municipal parking enforcement services, namely:

(a) the current contract with the Commissionaires (Great Lakes) Western Region, P.O. Box 33059, London, at its submitted unit prices, BE EXTENDED for one (1) additional year;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this matter; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter. (S04-00)

(b)

(c)

2. the following actions be taken with respect to the Erosion Control Remediation for the Stoney Creek System, Parts 1 and 2, (Project No. ES2477), namely:

(a) the bid submitted by R & M Construction (a Division of 560789 Ontario Limited), 254 Main Street, Acton, at its tendered price of $1,417,755 (excluding GST), BE ACCEPTED; it being pointed out that the bid submitted by R & M Construction was the lowest of eight (8) bids received and meets the City’s specifications and requirements in all areas;

Delcan Corporation BE AUTHORIZED to carry out the inspection and general construction administration for the contract in accordance with the estimate, on file, at an upset amount of $225,000 (excluding GST), which is based upon the Fee Guideline for Professional Engineering Services (2006), recommended by the Ontario Society of Professional Engineers, and in accordance with Council Policy 7(9A), Clause (f);

the financing for this project BE APPROVED as set out in the Sources of Financing Report a&&& hereto as Appendix “ A ;

the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this project; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order for the material to be supplied and the work to be done relating to this project (Tender 08-83). (E07-00)

3. That, on the recommendation of the Director of Fleet, Facilities and Departmental Resources, the following actions be taken with respect to custodial

That, on the recommendation of the Director, Wastewater and Treatment,

(b)

(c)

(d)

(e)

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aintenance at various City facilities, namely:

acts that are necessary in connection with this matter; and

the approval given herein BE CONDITIONAL upon the Corporation entering into a formal contract or issuing a purchase order relating to this matter (Tender 08-

That consideration of the purchase of two hundred and forty-three (243)

54). (A09-00)

lectric adjustable beds, over a three year period, for the Dearness Home,' BE IEFERRED pending a scan of suppliers to in order to determine what options might be vailable to the Civic Administration with respect to the purchase. (Cll-00)

That, on the recommendation of the Acting General Manager of .nvironmental and Engineering Services and City Engineer, the following actions be aken with respect to security enhancements at City Hall:

3) access to City Hall by the general public BE RESTRICTED through appropriate security measures between 500 PM and 8:OO AM, Monday to Friday, and all day on weekends, statutory holidays and during other closures approved by City Council;

notwithstanding part (a) above, expanded hours for public access to City Hall BE APPROVED for all Council approved meetings where the public is welcome;

a Corporate Identification Policy BE DEVELOPED to assist in identifying staff from visitors and contractors within all City facilities and provide enhanced security;

Corporate Security BE DIRECTED to prepare and submit to Council, during its review of the 2009 Operating Budget, a Service Growth Business Case for enhancement to existing services including a cost estimate to accommodate an additional Security Guard assigned within City Hall (24 hrs/day & 7 days/wk); it being noted that preliminary estimates of this cost are approximately $125,000;

the Acting General Manager of Environmental and Engineering Services and City Engineer BE REQUESTED to report back on any measures that might be taken to ensure that City Hall remains seen as being open to the public, without

I)

;)

A)

e)

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compromising security needs; and,

(f) the balance of the report submitted to Board of Control on October 29, 2008 BE RECEIVED for information. (P12-00)

6. That, on the recommendation of the London Convention Centre Corporation Board of Directors, the following actions be taken with respect to London Convention Centre Corporation Board of Director appointments:

(a) the term of Michael Crowley on the London Convention Centre Corporation Board of Directors BE EXTENDED to November 30,2009; and

Franco Giampa BE APPOINTED to the London Convention Centre Corporation Board of Directors for a two-year term from December 1, 2008 to November 30,

7. That, on the recommendation of the City Treasurer, the ottonhnd by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 for the purpose of repealing and replacing By-law No. A.-6116-177, being “A by-law relating to the signing of the cheques drawn on certain bank accounts of The Corporation of the City of London.”.

8. That, on the recommendation of the General Manager of Finance & Corporate Services, the Property Tax Relief for Legions program BE AMENDED to allow for applications from Royal Canadian Legion Branches which operate in rented premises for 2008 and 2009; it being noted that the owners of property rented by Royal Canadian Legion Branches are expected to pass tax relief savings on to the Legions that rent the property. (F16-00)

9. Corporate Services, savings from positions vacated since September 15, 2008 BE CONTRIBUTED to the appropriate vacancy management reserve that has been established for each rate supported fund; it being noted that the purpose of these funds is to provide a one-time funding source as recommended by the Corporate Management Team; it being further noted that the Corporation has realized total corporate savings to date in 2008 of $1,006,098 ($923,328 - general; $59,137 - wastewater; and $23,633 - water). During the same period in 2007, total corporate savings were $1,060,412 ($948,904 -general; $97,336 -wastewater; $14,172 -water). (FO3-00)

10. That the provision of portable devices, in exchange for existing non- portable devices, for those Council Members who do not already have same, in order for them to be able to access the Budget in electronic format, BE APPROVED. (FO5-00)

Controller Hume moves that clauses 11 to 16, excluding clause 14, be adopted.

(b)

2010. (G03-00)

That, on the recommendation of the General Manager of Finance and

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16. That NO ACTION BE TAKEN at this time with respect to the submission dated October 2008 from the London Chamber of Commerce, with respect to the appointment of an Auditor General for the City of London. (FO8-00)

(a) the Civic Administration BE DIRECTED to arrange a Public Participation Meeting before the Board of Control on November 26, 2008 to consider an amendment to the City's Business Licensing By-law L-6 with respect to the Adult Live Entertainment Parlour licence fee;

the Civic Administration BE REQUESTED to report back prior to the Public Participation Meeting on November 26, 2008 with respect to details of licensing costs; and,

the Chief of Police BE REQUESTED to provide comment and/or attend the Public Participation Meeting noted in (a), above;

(b)

(c)

it being noted that the Board of Control received the &&&rad communication dated October 28, 2008, from Patton Cormier & Associates in connection with this matter.

12. That the October 29, 2008 report from the Director, Corporate Management Support, with respect to the introduction of a by-law to add fees for services provided to the public by the Risk Management Division BE REFERRED to the November 12, 2008 meeting of the Board of Control to allow the necessary time for public notice. (F17-00)

13. That, on the recommendation of the Director of Intergovernmental and Community Liaison, the request of Kingston Mayor Harvey Rosen to lobby the Government of Ontario to increase the "heads and beds" levy BE ENDORSED; it being noted that the "heads and beds" levy is a tax that municipalities receive in lieu of property taxes for provincial institutions such as hospitals, universities, colleges and correctional facilities as prescribed in section 323 of the Municipal Act, 2001, (F16-00)

15. That the Ontario Legislature BE ADVISED that the Municipal Council of The Corporation of the City of London supports the proposal of The Sisters of St. Joseph of the Diocese of London, in Ontario, for private legislation exempting 485 Windermere Road, London Ontario, from municipal taxation at a rate that is fair to both The Sisters of St. Joseph of the Diocese of London and to The Corporation of the City of London; it being noted that the Board of Control (BC) received a communication dated October 20, 2008 from D. J. McNamara, McNamara Pizzale, requesting delegation status before the Board of Control to discuss the assessment and municipal taxation of 485 Windermere Road. (F16-00)

(PIO-06)

The motion to adopt clause 11, as amended, clauses 12 and 13 and clause 15 is put and CARRIED.

Clauses 11, as amended, clauses 12 and 13 and clause 15 read as follows:

11. That the following actions be taken with respect to the Adult Live Entertainment Parlour Licence Fee:

Councillor Hume moves, seconded by Councillor Orser, that 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 clause 27 of the 31st report of the Board of Control.

Controller Hume moves, seconded by Councillor Miller, that a new clause 16A be adopted as follows:

"That the initiative developed by the Corporate Management Team (CMT), wherein a total of 10 personal vacation days were donated by CMT Members for

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16A That the initiative developed by the Corporate Management Team {CMT), wherein a total of 10 personal vacation days were donated by CMT Members for prize purposes as a fundraiser for the City of London's United Way Campaign, BE ENDORSED.

prize purposes as a fundraiser for the City of London's United Way Campaign, BE ENDORSED." CARRIED

19. That the Board of Control (BC) reviewed and received an informatio report from the Director of Intergovernmental and Community Liaison with respect to th Ontario-Quebec Trade and Economic Partnership Agreement and the Canada-Europea Union Trade Agreement. (G10-00)

20. That the Board of Control (BC) reviewed and received a communicatio dated October 22, 2008 from Councillor Armstrong requesting the Board of Control t consider reviewing the City's Transit Tax before December 2008. (F16-00)

21. That the Board of Control received and noted the 4th Report of the Tow and Gown Committee from its meeting held on October 2, 2008. (See Report

22. That the Board of Control (BC) received a communication from Stephe Turner with respect to his attendance at meetings of the Advisory Committee on th Environment (ACE). As a result of the explanation provided by Mr. Turner, the BC to no action to rescind his appointment to this Advisory Committee. (G03-00)

23. That the Board of Control (BC) received communications from San Adams and Steve Balcom resigning their respective appointments to the Accessib Advisory Committee. The BC accepted the resignations with regret and asked Mayor to forward letters of appreciation to Ms. Adams and Mr. Balcom. The BC asked the City Clerk to determine if there are any applications on file for this Advi Committee and to take the necessary steps to fill the vacancies. (G03-00)

24. That the Board of Control (BC) reviewed and received a copy of communication from the Executive Vice-president of the Ontario Federation of Lab (OFL) requesting that the City endorse November 6, 2008 as a day of recognition community social service workers. (M09-00)

25. That the Board of Control reviewed and received the a+k&ied informatio report from the City Treasurer with respect to the City of London's Aaa credit rating fro Moody's Investors Service. (FO8-00)

26. That the Board of Control (BC) received a copy of the submission from Ian Leach with respect to the "Virtual Vigil", a project being o by the National History Society to mark the 90th anniversary of the end of the First Worl War. The BC referred the submission to the Technology Services Division to report ba at the Municipal Council meeting on November 3, 2008 as to the feasibility undertaking this project, particularly given the very limited timelines.

27. That the Board of Control heard a verbal update from the Chi Administrative Officer with respect to a United Way initiative being undertaken by th Corporate Management Team.

28. That the Board of Control received an inquiry from Controller Barbe about the status of a staff report on the potential for having an Integrity Commissioner fo

Clause 16A reads as follows:

The Chair directs that clauses 17 to 29, inclusive, of Section II be noted. Clauses 17 to 29 read as follows:

17. That the Board of Control (BC) reviewed and received an information report from the Acting General Manager of Environmental and Engineering Services and City Engineer with respect to proposed projects to be funded from London's "Investing in Ontario" allocation. (G10-00)

18. That the Board of Control (BC) heard a verbal update and reviewed and received an information report from the General Manager of Finance and CorDorate Services with respect to the Province of Ontario's economic statement released on October 22, 2008. (G10-00)

the City of London. The Chair requested that the Director of Intergovernmental and Community Liaison advise Controller Barber of the status of this matter.

29. That the Board of Control passed the following resolution prior to moving in camera from 11:42 a.m. to 1:02 p.m.:

That the Board of Control move in camera to consider the following matters:

a matter pertaining to litigation or potential litigation affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose, with respect to the Springbank Dam project;

a matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to employee negotiations which may generally be described as personal matters relating to the employment of identifiable individuals, employee negotiations; including communications necessary for that purpose; and advice, reports or recommendations of officers and employees of the Corporation;

a matter pertaining to employee negotiations and personal matters about an identifiable individual@), including municipal employees, and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation; and

recommendations of officers and employees of the Corporation,

a matter pertaining to employee negotiations and personal matters abou identifiable individual@), including municipal employees and advice o

and that the BC is submitting a confidential report to the Municipal Council regarding these matters. (See Confidential Appendix to the 31st Report of the Board of Control enclosed for Council Members only.)

communications necessary for that purpose and for the purpose of instructions and directions to officers and employees of the Corporation;

1. That, on the recommendation of the Acting General Manager of Environmental and Engineering Services & City Engineer, the following actions be taken with respect to the Southeast Reservoir and Pumping Station project (EW3614):

(a) Earth Tech / AECOM's engineering design fees BE INCREASED by the amount of $557,500, exclusive of G.S.T., to account for revisions to the detailed engineering design for the Southeast Reservoir and Pumping Station project (EW3614);

(b) the financing for the increase in fees for this project BE APPROVED in accordance with the "Sources of Financing Report" ollonhnd hereto as Appendix "A"; and

the consulting fees for the project 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; and in accordance with Council Policy 7(9A), Clause (e):

it being noted that the Corporation previously entered into a formal contract with Earth Tech (Canada) Inc. to undertake the design, and this work is an extension of that contract; it being pointed out that the Environment and Transportation Committee heard a verbal presentation from the Acting General Manager of Environmental & Engineering Services & City Engineer with respect to this matter. (2008-W07-00)

(c)

17TH REPORT OF THE ENVIRONMENT AND TRANSPORTATION COMMITTEE

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the current life cycle replacement model used by the Fleet Services Division (FSD) BE RETAINED as a guideline to determine future Capital Budget Vehicle and Equipment replacement budgets:

future FSD charge-out rates continue to BE ESTABLISHED to ensure full cos recovery, including capital depreciation, maintenance and operating costs, fuel and administrative overhead;

a consolidated Vehicle & Equipment Replacement Reserve Fund annual balance BE TARGETED at 2.5% of the current fleet replacement value; it being noted that this would result in a 2008 Reserve Fund targeted balance of approximately $1.2 million annually;

notwithstanding recommendation (b), above, 2009 rates for Transportation Operations and Solid Waste Operations BE SET to reflect an average 3.0% increase over 2008 rates noting that:

(i) to achieve full cost recovery for 2009 rates in these programs would have to be increased by 15.5% and 14.2% respectively and that such increases are unaffordable;

(ii) the recommended rate increases to achieve full-cost recovery from Transportation Operations and Solid Waste Operations will be phased in from 2010-2014;

communication costs (Dispatch), currently budgeted as a component of Fleet Services with cost recoveries through rates, BE REASSIGNED to the Departmental Resources Division of the Environmental and Engineering Services Department with direct recovery from benefiting users Le. sewer and water; it being noted this transfer will have a net zero operating budget impact;

staff BE ASKED to continue to experiment and invest in green fleet initiatives, highlight further initiatives and future direction as part of developing the Corporate and Community Energy Plan;

the Executive Summary of the Deloitte Inc. report BE RECEIVED for information; it being noted the full report is available for review upon request; and,

the Civic Administration BE REQUESTED to evaluate the number of vehicles it needs to determine how efficiencies and reductions could be achieved;

That, on the recommendation of the Director of Fleet Facilities and epartmental Resources, with the concurrence of the Director of Financial Policy and lanning, the following actions be taken with respect to the fleet services review:

being noted that verbal presentations were heard from the Director of Fleet Facilities nd Departmental Resources, the Division Manager of Fleet and Facilities Operations nd the Director of Financial Planning and Policy with respect to this matter. (2008-V04- 10)

That, on the recommendation of the Acting General Manager of invironmental and Engineering Services & City Engineer, the revised Building Canada .ist & Priorities with respect to the HELP Clean Water Project BE ENDORSED in igreement with similar recent endorsement by the Lake Huron Primary Water Supply iystem and Elgin Area Primary Water Supply System Joint Boards of Management.

I. That, on the recommendation of the Director of Wastewater and -reatment, the ottonhnd proposed by-law BE INTRODUCED at the Municipal Council fleeting to be held on November 3, 2008 to amend the Drainage By-law WM-4. (2008-

That, the following actions be taken with respect to arterial road speed

the etkabed and amended proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 3, 2008, for the purpose of amending

2008-W13-00)

YO5-00)

I.

mits:

a)

the Traffic and Parking By-law (P.S. 11 1); it being noted that staff will implement the following speed limit changes consistent with the approved guidelines; and,

the Director of Roads and Transportation BE DIRECTED to report back to the Environment and Transportation Committee on the varying speed limits on Springbank Drive by the end of the year;

it being noted that verbal presentations were heard from the Director of Roads and Transportation and the Division Manager, Transportation Engineering. (2008-SO9-00)

6. That, on the recommendation of the Director of Roads and Transportation, the ntfnnhnd proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on November 3, 2008 for the purpose of amending the Traffic and Parking By-law (P.S. 11 1) to address traffic safety, operations and parking concerns on Biddulph Street, Brunswick Avenue, Cardinal Court, Cardinal Road, Cutross Avenue, Dormer Drive, Healey Road, Lemeiux Walk, Mickleborough Court, Mickleborough Drive, Nicole Avenue, Paulkane Chase, Roots Gate, Stackhouse Avenue and Stackhouse Crescent. (2008-

(b)

so9-00)

read as follows:

7. noted the 9th Report of the Advisory Committee on the Environment from its meeting held on October 1,2008. (See Report c?t%ek&.)

8. That the Environment and Transportation Committee (ETC) received and noted the 9th Report of the Transportation Advisory Committee from its meeting held on October 7,2008. (See Report st+&=&.)

9. received an information report from the Acting General Manager of Environmental and Engineering Services and City Engineer with respect the Abandoned Well Decommissioning Program - 2008 Update. (2008-W13-00)

10. That the Environment and Transportation Committee (ETC) reviewed and received an information report from the Director of Roads and Transportation with respect to the potential for a pedestrian crossing on Commissioners Road East between Ridout Street and Wellington Road South. (2008-P06-00)

11. That the Environment and Transportation committee (ETC) reviewed and received an information report from the Acting General Manager of Environmental and Engineering Services and City Engineer with respect to the Water System Risk Management Continuous Improvement Update; it being noted that a verbal presentation was heard from the Acting General Manager of Environmental and Engineering Services and City Engineer with respect to this matter. (2008-W13-00)

12. That the Environment and Transportation Committee (ETC) postponed consideration of the delegation and communication dated October 3, 2008 from A. Superina, 58 Wyatt Street, with respect to drainage concerns at 58 Wyatt Street to a future meeting of the ETC when the delegate is able to attend. (2008-WO5-00)

13. That the Environment and Transportation Committee (ETC) heard a verbal presentation and received a communication dated October 26, 2008 from G. Fowler, 962 Eagle Crescent, with respect to pedestrian safety. The ETC asked the Civic Administration to report back on the warrants and standards for pedestrians through the creation of Book 15 of the Ontario Traffic Manual and how they relate to our Transportation Master Plan.

That the Environment and Transportation Committee (ETC) received and

That the Environment and Transportation Committee (ETC) reviewed and

17TH REPORT OF THE COMMUNITY AND PROTECTIVE SERVICES COMMITTEE

344. Councillor Eagle presents the 17th Report of the Community and Protective Services Committee.

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Councillor Eagle moves that clauses 1 to 3, inclusive, be adopted. CARRIED Clauses 1 to 3 read as follows:

1. That, on the recommendation of the General Manager of Community Services, the following actions be taken with respect to rental functions at recreation and community centres:

(a) the Civic Administration BE DIRECTED to implement the following provisions through the Fees and Charges By-law in January 2009 and an update to the Facility Rental Contract and Invoices:

(i) late night events and teen parties/dances will be charged a refundable damage deposit of $500 which will be required at the time of booking:

(ii) at the discretion of Civic Administration, but generally for late night events and teen parties/dances, fees will be levied to cover the cost of hiring security (off-duty police officers) by the City of London. Fees for security will be charged to the renter at the time of booking for the duration of the event and one half hour following, or at the discretion of Civic Administration. A minimum charge of three (3) hours is required. If additional security charges occur beyond that charged, fees will be deducted from the damage deposit;

(iii) supervision will be required for teen parties/dances. Renters will provide a parent to teen ratio of 1 parent for every 10 teens for the duration of the event;

(iv) facility rental pricing will no longer be available for full and half days - hourly fees will be calculated for the full time period required by the lessee;

(v) the Corporation reserves the right to refuse an event booking at the discretion of the General Manager of Community Services, or designate;

it being noted that a progress report will be prepared for the CPSC six months following the implementation of the above provisions, and the report shall include a summary of any decline or increase in rental activity; and

(b) a decision on the use of recreation and community centres for private alcohol functions BE DEFERRED pending the completion of a public participation meeting to be held in conjunction with the November 24th meeting of CPSC regarding the following options:

(i) the o& alcohol events permitted at recreation and community centres are those that provide a benefit to the public - celebrations or fundraisers in support of sport, recreation, culture or community development; and/or

allow bookings of alcohol related social events at recreation and community centres;

it being noted that these events will continue at the Civic Garden Complex and Springbank Gardens. (2008-AO9-02)

(ii)

2. That clause 1 of the 5th Report of the London Housing Advisory Committee, from its meeting held October 8, 2008, BE REFERRED to the City Clerk to report back to the Community and Protective Services Committee (CPSC) with respect to additional information regarding the application of the attendance policy to alternate committee members, specifically when asked to attend meetings on behalf of an absent regular committee member;

it being noted that the CPSC heard a verbal presentation from S. Trosow, Chair, London Housing Advisory Committee, and received an information report from the City Clerk and a Municipal Council resolution adopted at its meeting held on September 15, 2008, with respect to attendance requirements for alternate voting members on Advisory Committees.

Clause 1 reads as follows:

“That the London Housing Advisory Committee (LHAC) Terms of Reference BE AMENDED to provide for its two (2) Alternate Members to be subject to the same attendance requirements as its regulqr Voting Members:

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it being noted that the LHAC received and noted a Municipal Council resolution adopted at its meeting held on September 15, 2008 with respect to the LHAC Alternate Voting Members. (2008-G02-00)

That the appeal of 2044583 Ontario Inc. with respect to property located t 390 Princess Avenue, London, under the City of London By-law No. PH-6, being “a

by-law concerning the provision of vital services and the maintenance of suitable heat at leased or rented dwellings”, BE REFUSED; it being noted that the By-law provides the

uthority for the City to have a lien for the amount it spends for a vital service that it

unicipal taxes, and added to the tax roll in the current year; and that the City’s action ere in accordance with the By-law;

to be provided, and an administration fee; that the lien shall be deemed to be

noted that the CPSC reviewed and received a written communication dated ugust 11, 2008 from P.M. Siskind, Harrison Pensa LLP, and an information report from

he Director of Building Controls with respect to the vital services appeal for the property

it being further noted that the Community and Protective Services Committee passed the following resolution prior to moving in camera from 6:03 p.m. to 6:31 p.m.:

“That the Community and Protective Services Committee move in camera as the subject matter being considered is advice that is subject to solicitor-client privilege, including communications necessary for that purpose.” (2008-PO7-02)

at 390 Prince& Avenue; it being further noted that the following were received b he CPSC:

the consideration of an update on policing matters as the Chief of Police was not in attendance.

5. That the Community and Protective Services Committee (CPSC) reviewed and received an information report from the General Manager of Community Services with respect to the Kidzone Child Care Centre. (2008-C06-00)

6. That the Community and Protective Services Committee (CPSC) reviewed and received a written communication dated October 8, 2008 from Dalton

(a)

(b)

(c)

a verbal presentation from M. Vasarais, Articling Student, Harrison Pensa LLP, as agent for the appellant, with respect to this matter; K. Wood, 2044583 Ontario Inc. (Appellant), providing a verbal affirmation and presenting information regarding the appeal; K. Fawcett, London Hydro, providing verbal information with respect to the

7. That the Community and Protective Services Committee (CPSC) received a communication dated September 25, 2008 from Dr. G.L. Pollett, Medical Health Officer, Middlesex-London Health Unit with respect to Nutritious Food Basket Report - 2008. The CPSC referred the communication to the General Manager of Community Services, to report back at the November 10th meeting of the Community and Protective Services Committee (CPSC) with related cost-of-living information; it being noted that the Committee Secretary was requested to invite Dr. Pollett (or designate) to attend the November 10th CPSC meeting to provide additional information pertaining to Nutritious Food Basket Report, such as how the data is collected, calculated and used. (2008-P06-00)

8. That the Community and Protective Services Committee (CPSC) reviewed and received a written communication dated August 7, 2008 from S. Coleman, Executive Director, South West Community Care Access Centre (CCAC) with respect to CCAC care and services update; it being noted that a verbal presentation was also

matter; and 0. Katolyk, Manager of By-law Enforcement, providing a verbal summary o the City’s actions with respect to this matter;

(d)

h. That the Community and Protective Services Committee (CPSC) deferredl

Premier of Ontario, with respect to the Province’s poverty reduction strategy. 2008-CO6-00)

- 1 3 -

heard from S. Coleman with respect to this matter, and the e#&&& information was circulated to the CPSC. (2008-C06-00)

9. That the Community and Protective Services Committee (CPSC) received and noted clauses 2 to 9 of the 5th Report of the London Housing Advisory committee (LHAC) from its meeting held on October 8, 2008; it being noted that the suggested amendments pertaining to the Implementation Strategy for the initiatives identified in “Closing the Gap” noted in clause 2, will be brought forward to the Planning Committee, by the LHAC Chair, at the public participation meeting scheduled for November 10, 2008. (See Report s+k?&ed.)

10. That the Community and Protective Services committee (CPSC) deferred consideration of the matter of the Vital Services By-law Appeal for 825 Richmond Street, as the appellant was not in attendance. (2008-P07-02)

11. That the Community and Protective Services Committee (CPSC) reviewed and received an information report from the General Manager of Community Services with respect to the Strengthening Neighbourhoods Initiative: Kipps Lane Strategy Update, a letter of support for the initiative from the Community Safety and Crime Prevention Committee and the ottonbnd information with respect to this matter; it being noted that verbal presentations were heard from K. Oldham, Manager I - Community Development, and L.R. Simms and K. Yinger, residents. (2008-CO6-00)

12. That the Community and Protective Services Committee (CPSC) reviewed and received a communication dated October 2, 2008 from J. Burns, 120 Optimist Park Drive, with respect to a request to rescind the open air burning by-law. The CPSC referred the communication to the Fire Chief to report back at a future meeting of the CPSC with respect to statistics related to the Open Air Burning By-law. (2008-PO9-00)

13. That the Community and Protective Services Committee (CPSC) reviewed and received an information report from the General Manager of Community Services with respect to increased rates for Ontario Works social assistance rates, effective December 1, 2008; it being noted that the General Manager of Community Services will be bringing forward additional information to the CPSC with respect to this, and related matters. (2008-C16-00)

14. following resolution prior to moving in camera from 9:15 p.m. to 9:16 p.m.:

“That the Community and Protective Services Committee move in camera to consider a matter pertaining to personal matters about identifiable individuals, including municipal or local board employees, relating to the 2009 Mayor’s New Year’s Honour List.”

That the Community and Protective Services Committee passed the

Councillor Hubert moves, seconded by Deputy Mayor Gosnell, that Council recess.

The Council recesses at 6:34 p.m. and reconvenes at 7:30 p.m. with Her Worship the Mayor in the Chair and all Members present except Controller Barber and Councillors Branscombe, Orser and Van Meerbergen.

28TH REPORT OF THE PLANNING COMMITTEE

345. Councillor Bryant presents the 28th Report of the Planning Committee.

Councillor Bryant moves that clauses 1 to 14 be adopted.

At 7:32 p.m., Councillor Orser enters the meeting.

At 7:34 pm., Controller Barber enters the meeting.

Councillor Bryant moves, seconded by Councillor MacDonald, that clause 8 be amended in line 4 by inserting the word “revised before the word “attached” and by replacing the by-law with the nttonhnd revised by-law. CARRIED

- 14-

Councillor Hubert moves, seconded by Councillor MacDonald, that clause 2 be amended by adding thereto, prior to the last paragraph, a new paragraph as follows:

“;it being also noted that consideration will be given to an internal public road, that would provide access to the North Park Community Church.” CARRIED

Councillor Baechler moves, seconded by Councillor Bryant, that clause 3 be amended by adding thereto, at the end, the following:

“;it being noted that the Municipal Council requested the Civic Administration to report back to the Planning Committee with respect to the status of the Tree Preservation Plan for this property.” CARRIED

The motion to adopt clause 1, clauses 2 and 3, as amended, clauses 4 to 7, inclusive, clause 9 and clauses 11 to 14, inclusive, is put and CARRIED.

The motion to adopt clause 8, as amended, is put and CARRIED.

The motion to adopt clause 10 is put and CARRIED.

Clause 1, clauses 2 and 3 as amended, clauses 4 to 7, inclusive, clause 8, as amended, and clauses 9 to 14, inclusive, read as follows:

Estimated Revenue

Estimated Net Impact Estimated Claims Year I ofpayment

Urban Works I General I $278,171 I Nil I $278,171 I ReserveFund I I I I I

I Stormwater I $115.344 I Nil I $115.344 I I Management I Subtotal I $393,514 1 Nil I $393,514 I

- 1 5 -

being further noted the PC heard a delegation from P. Massechelein, Sifton Propertie .imited indicating that any deferral would not be appropriate given that their application l r subdivision is 99% through the process and that options brought forward by North 'ark Community Church for connections through Blackwell Blvd. are not acceptable, ia t a private road connection was offered as a resolution to the Church's traffic oncerns but that providing a traffic outlet into a residential subdivision is not an ippropriate direction; and

: being also noted that consideration will be given to an internal public road, that would rovide access to the North Park Community Church;

. being pointed out the PC received and noted a communication dated October 27, !008 from S. Ross, Patton, Cormier and Associates with respect to this matter. (2008-

I . That, on the recommendation of the General Manager of Planning and Ievelopment, based on the application of Sifton Properties Limited relating to the iroperty located at 1380 and 1384 Wonderland Road North, the ettaekd proposed by- 3w BE INTRODUCED at the Municipal Council meeting on November 3,2008 to amend loning By-law No. 2.-1 (in conformity with the Official Plan) to change the zoning of the ubject lands FROM a Holding Residential R6 Special Provision (h. R6-2(8)) Zone TO a 3esidential R6 Special Provision (R6-2(8)) Zone to remove the holding provision;

t being noted that the Municipal Council requested the Civic Administration to report lack to the Planning Committee with respect to the status of the Tree Preservation Plan 'or this property.

I. That, on the recommendation of the General Manager of Planning and Ievelopment, based on the application of Sifton Properties Limited relating to the xoperty located on the north side of North Wenige Drive, legally described as Part of South Half of Lot 11, Concession 6 (geographic Township of London), the Ontario vlunicipal Board BE ADVISED that the City of London has no objection to the request by Sifton Properties Limited for a two year extension to draft approved plan 39T-99515 vhich shows for 159 single detached dwelling lots, 1 future developmentlpossible road )lock, 1 walkway block, 1 possible school block, 1 woodlot block, 3 park blocks, and ieveral 0.3 m reserve blocks all served by the extension of Gough Avenue, and 3 new

126-05)

DTE: - . -. 1 ESTIMATED REVENUES ARE CALCULATED USING CURRENT RATES AND THE INFORMATION I!

REPORTED IN ACCORDANCE WITH THE DEVELOPMEM CHARGES BY-LAW (IE. C.P.-1440-167). ANI ANY AMENDMENTS THERETO. ANY CLAIM PAYMENT FROM THE URBAN WORKS RESERVE FUN1 WILL BE IN ACCORDANCE WITH BY-LAW NO. c.~.-1440-167 AND AS APPROVED BY THE c i r ENGINEER.

ESTIMATES ARE BASED ON INFORMATION PROVIDED BY THE APPLICANT AN0 REVIEWED BY THI CITY ENGINEERS DEPARTMENT. ESTIMATES ARE PROVIDE0 FOR INFORMATION PURPOSES ONL'I THEY 00 NOT CONSTITUTE ANY COMMITMENTS ON BEHALF OF THE CITY OF LONDON. ACTUA CLAIMS WILL BE DETERMINED IN CONJUNCTION WITH THE SUBDIVISION AGREEMENT AN0 THE B\I LAWS. ACTUAL REVENUES ARE DETERMINED IN CONJUNCTION WITH BUILDING PERMITS AN0 TH DEVELOPMENT CHARGE RATES AT THAT TIME.

)

1) Tr lE OWNER ShOJLO TA<E hOTE THAT ThERE ARE CURRENTLY SIGN F CANT DELAYS N PAYMEN OF C A M S FROM THE LRBAN WORKS RESERVE FUhO

- 16-

- local streets SUBJECT TO the conditions shown in the E&I&& Appendix “1”; it being noted new or revised conditions are shown in italics. (2008-D26-05)

That Building Division staff BE REQUESTED to prepare a report to presented at a future meeting of the Planning Committee and the Town and Go Committee, with respect to the process followed when determining whether additio

entia1 units within a dwelling fall under the grandfathering provisions of Bill 20, standards are being applied; it being noted that the Planning Committee recei noted an information report from the General Manager of Planning

elopment with respect to the use of the property located at 1001 Waterloo Street; ’ eing further noted that the date indicated under the Conclusion section of the sta

That, on the recornmendation of the General Manager of Planning an

report should state November 16, 1995. (2008-D28-00)

velopment, the proposed by-law to amend the Clearing Of Land By-law &aekd pendix A, BE INTRODUCED at the Municipal Council meeting on November 3, 20

being noted the proposed amendment will allow Municipal Law Enforcement Offic implement changes to The Municipal Act, 2001 addressing enforcement of Munici -laws. (2008-P05-00)

That, on the recommendation of the General Manager of Planning an Development, the report outlining procedures for entering onto private prope

spection purposes BE RECEIVED and the proposed Inspections By-law, pendix A, BE INTRODUCED at the Municipal Council meeting on Novem it being noted that the proposed Inspections By-law will assist Municipal L ement Officers in undertaking inspections in an effort to address quality of

issues. (2008-PO5-00)

That, notwithstanding the recommendation of the General Manager anning and Development, based on the application of 625041 Ontario Limited relatin the property located at 1510-1540 Fanshawe Park Road West, the revised

osed by-law BE INTRODUCED at the Municipal Council meeting on Nov 8 to amend Zoning By-law No. Z.-1 to change the zoning of the subject lands FRO

Holding Restricted Service Commercial (h-17-RSCI/RSC5) Zone which permits nge of automotive services; furniture stores; trade services; and moderately intens

rcial uses TO a Holding Restricted Service Commercial Special Provision ( *RSCI/RSC3( )/RSC5) Zone to add a retail store ancillary to a warehous hment with a maximum gross floor area of 75 square metres, subject to holdin ns to ensure the orderly development of lands and the adequate provision al services, and to ensure that any new development is consistent with the Hy

ommunity Plan and Urban Design Guidelines;

being noted that a public participation meeting of the Planning Committee was held o ptember 8, 2008 and that pursuant to Section 34(17) of the Planning Act, it has been termined that no further notice of the proposed by-law is required. (2008-Dl 1-07)

That, on the recommendation of the General Manager of Planning an opment, based on the application of Westwood Power Centre Inc. relating to th rties located at 3075 and 3109 Wonderland Road South and 415 Southdale Roa

st, the ntlnnhnd revised proposed by-law BE INTRODUCED at the Municipal Council ting on November 3, 2008 to amend Zoning By-law No. Z.-1 in conformity with th

cia1 Plan to change the zoning on a portion of the subject lands FROM a Holding ssociated Shopping Area Commercial (h-25.ASA8) Zone TO an Associated Shopping rea Commercial (ASA8) Zone to remove the holding provision;

ing noted that all buildings denoted “future commercial” on the site plan submitt outhside Group Construction, drawing number AlOl, dated October 10, 2008 will essed during a future site plan approval process to ensure they are designed in ner that incorporates high quality design elements and principles, consistent wi City of London Commercial Urban Design Guidelines and Official Plan Commerci

icies. (2008-Dl 1-08)

That, on the recommendation of the General Manager of Planning a velopment, the ottoplhnd Draft Terms of Reference for the Southwest Area Study a endices BE RECEIVED for information purposes and BE CIRCULATED for revie comment by City departments, agencies, land owners, community groups and t

eneral public, and that a public participation meeting of the Planning Committee ider adoption of the Terms of Reference, as revised based on public input, EDULED for November 24,2008. (2008-D07-00)

11. That the Civic Administration BE REQUESTED to ensure that replacement trees for the trees which have died and have been removed from the grounds of the John Labatt Centre, are replaced during the Fall of 2008 and that the various Civic Departments BE REQUESTED to work together to ensure that the trees at the Covent Garden Market Square are also replanted using methods that will assist in ensuring their survivability.

12. That clause 2 of the 10th Report of the Environmental and Ecological Planning Advisory Committee relating to a Trade, Investment and Labour Mobility Agreement type of agreement for Ontario BE RECEIVED.

13. That, on the recommendation of the Environmental and Ecological Planning Advisory Committee, Environmental and Engineering Services Department staff BE REQUESTED to provide a presentation with respect to the status of plans for the future creation of a wetland on the site of the Wonderland Pumping Station at a future meeting of the Environmental and Ecological Planning Advisory Committee.

14. That, on the recommendation of the Environmental and Ecological Planning Advisory Committee, Environmental and Engineering Services Department staff BE REQUESTED to provide a presentation with respect to the function of stormwater management facilities at a future meeting of the Environmental and Ecological Planning Advisory Committee.

15. That the application of Cachet-Reid Heritage Homes relating to the property located at 1550 Highbury Avenue North BE REFERRED to staff to bring back to a future meeting of the Planning Committee concurrently with the applicant's application for a variance from the Sign and Canopy By-law for this property; it being pointed out that there were no oral submissions made at the public participation meeting held in connection with this matter. (2008-Dl 1-02)

16. That, on the recommendation of the General Manager of Planning and Development, based on the application of Organic Choice Bagging Company Inc. relating to the rear portion of the property located at 1671 Fanshawe Park Road West, the nftonhnd proposed by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan, to change the zoning of the subject lands FROM an Agriculture (AG1) Zone which permits agricultural uses, livestock facilities, farm dwellings, forestry uses, kennels, conservation lands, wayside pits, nurseries, passive recreation uses, farm markets, small wind energy conversion systems TO an Agriculturenemporary (AGl*T-( )) Zone to add a temporary use zone for an outdoor self storage area in conjunction with a self- storage establishment for a period of not more than three years from the date of the passing of the by-law;

it being noted that the proposed outdoor self-storage area for the rear of the lands is to be permitted in conjunction with the proposed self-storage establishment for the front of the lands, and is all subject to site plan approval;

it being pointed out that at the public participation meeting associated with this matter, the following individuals made an oral submission in connection therewith:

S. Cornwall, Zelinka Priamo Ltd. - representing the applicant and expressing support for the staff recommendation. R. Hewitt, 1805 Fanshawe Park Road West - representing the himself and 3 neighbours and expressing support for the staff recommendation. (2008-Dl 1- 06)

- 18-

velopment, the application of Romlex International and 2031491 Ontario Inc. relatin the properties located at 78-80 Oxford Street West, 63-65 Palmer Street, and 24 harncliffe Road North to amend the Official Plan to change the designation of th ject lands FROM a Low Density Residential designation which allows ched, semi-detached, and duplex dwellings as primary permitted uses TO an

a designation which permits offices within purpose-designed office buildings, dings converted for office use as the primary permitted uses BE REFUSED fo

lowing reasons: the proposed application is inconsistent with the intent of th vincial Poky Statement, 2005; the proposed application intends to demolish both

riority 2 and a Priority 3 heritage building undermining the heritage streetscape and th destrian environment, the request to amend the Official Plan reduces the amen s viable residential area, the intent to facilitate the expansion of the abutting su rking area onto the lands at 78 and 80 Oxford Street West was recently deliberated

Municipal Council and rejected through the review of a zoning amendm plication, and the expansion of surface parking contravenes the original intent for bject site which required that additional parking would be provided by way of a parkin ructure to minimize the impact on adjacent residences;

being pointed out that at the public participation meeting associated with this matte e following individuals made an oral submission in connection therewith:

A. Patton, Patton Cormier and Associates - representing the applicant a noting that both this application for an Official Plan amendment and a application for an amendment to the Zoning By-law represent sound I planning, that the application for the previous Zoning By-I the advice of City staff who later indicated an Official required, and that the applicant‘s lands to the north east represent a situation and should not be tied to this application; further noting that this ref will also be appealed at the Ontario Municipal Board. J. Murkin, 69 Palmer Street - noting that the previous approval to demolish residential properties to allow for additional parking on this site has resulte potential “creeping” demolitions along the street, that large shade trees will removed and that landscaping promised with the first application has not be implemented; further noting that many people do not use the existing parking and instead park along Palmer Street to avoid paying for parking. C. Downing, 66 Palmer Street - expressing opposition to this application not the initial building, and subsequent expansion of the parking lot were a opposed by the neighbours, that the lot is empty on weekends and weeknig and creates a wind tunnel in the area, that it will do nothing to improve exist parking concerns on the street; further noting the neighbours have already ha contend with noise concerns across the street as a result of a MacDona Restaurant drive-through;

it being noted the Planning Committee received and noted a communication dated October 26, 2008 from M. Temme, and a communication dated October 24, 2008 from the Chair of the London Advisory Committee on Heritage with respect to this matter.

18. That the London Advisory Committee on Heritage BE REQUESTED to prepare reasons for heritage designation of the buildings located at 78, 80, 82, 84, 8 and 88 Oxford Street West and to bring those reasons foward to a future meeting of th Planning Committee for its consideration and review.

19. Development, based on the application of Arcangelo Rea relating to the property locat at 909 Adelaide Street North, the a&&ed proposed by-law BE INTRODUCED at t Municipal Council meeting on November 3, 2008 to amend Zoning By-law No. Z.-1, conformity with the Official Plan to change the zoning of the subject lands FROM Restricted Ofice Special Provision (R02(18)) Zone which permits accessory parking f uses permitted in the R02 Zone TO a Residential R2 Office Conversion (R2-2/0 Zone to permit single and semi detached dwellings, duplexes and converted dwelli with a maximum of 2 units and offices in existing buildings;

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

(2008-Dl 1-09)

That, on the recommendation of the General Manager of Planning and

- 1 9 -

A. Rea, Applicant - expressing support for the staff recommendation. (2008.

20. That, on the recommendation of the General Manager of Planning anc Development, based on the application of Mario and Silvia Travaglini relating to thc property located at 1060 Oxford Street East, the proposed ottnnbnd by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend Zonin! By-law No. Z.-1 in, conformity with the Official Plan, to change the zoning of the subjec lands FROM an Arterial Commercial (ACZ/AC4/AC5) Zone which permits a large rangc of uses including residential uses, commercial uses, service uses and restaurant eat-if uses TO an Arterial Commercial Special Provision (AC2/AC4 (JAC.5) Zone whict permits the above uses and a catering establishment with three parking spaces;

it being noted that the applicant has applied for concurrent site plan approval;

it being pointed out that at the public participation meeting associated with this matter the following individual made an oral submission in connection therewith:

Dl l -06)

S. Travaglini, Applicant - expressing support for the staff recommendation. (2008-Dl 1-07)

21. That, on the recommendation of the General Manager of Planning an1 Development, based on the application of the City of London relating to the Dingmai Drive Area, the ottnnbnd proposed by-law BE INTRODUCED at the Municipal Counc meeting on November 3, 2008 to amend the Official Plan to add the “Dingman Driva Industrial Area Plan” and the “Dingman Drive Industrial Area - Urban Design Guideline5 as guideline documents under Section 19.2.2 - Guideline Documents;

it being noted the maps OttDnhnd as Figure 13 and Figure 14 replace the original figure included in the “Dingman Drive Industrial Area Plan”;

it being further noted the Dingman Drive Industrial Area Urban Design Guidelines i amended under the Introduction Section, Implementation, to read as follows:

“These guidelines will be used for development applications within the Dingman Driv Industrial Area to inform the zoning within the subdivision and site plan proce Applicants are encouraged to meet with civic administration prior to any submissi an application to review the design parameters as set out in these guidelines. provision (or ‘h’) for design could be applied to an application to ensure consist the Guidelines. Finally, it should be noted that these guidelines do not supe requirements of the Ontario Building Code.”;

it being pointed out that at the public participation meeting associated with this matte the following individual made an oral submission in connection therewith:

R. Zelinka, Zelinka Priamo Ltd. - representing TRY Recycling and indicating h had not received a copy of the staff report until today; noting there are som

it being noted the Planning Committee received and noted a communication da October 27, 2008 from the Chair of the Environmental and Ecological Planning Advis Committee with respect to this matter. (2008-Dl 1-09)

22. That a demolition permit BE ISSUED to G. Gaudry to demolish th residential building located at 920 Waterloo Street. (2008-Dl 0-00)

23. That a demolition permit BE ISSUED to A. Provenzano to demolish the residential building located at 40 Essex Street. (2008-D10-00)

24. That the report of the General Manager of Planning and Developme relating to Minor Variance Application A.99/08 concerning 930 Wellington Street REFERRED back to staff for its review and consideration of the information broug forward by the Applicant‘s agent relating to calculations of the floor area ratio;

it being noted the Planning Committee heard a delegation from J. Davis, Jack E. Davis Holdings Ltd., representing the applicant and indicating that staffs miscalculation of the floor area ratio resulted in an unnecessary requirement for a parking variance and ratios that were significantly higher than they should have been; noting that his client requests a new, correct application be forwarded to the Committee of Adjustment for its consideration and that the application fee of $1000 be waived under the circumstances.

That the monthly report of the Building Division for September 2008 BE

(2008-D16-00)

25. NOTED AND FILED. (2008-D06-00)

Pursuant to section 17.6 of the Council Procedure By-law, a new clause 25B, arising from clause 31, is considered.

Councillor Bryant moves, seconded by Councillor Baechler, that on the recommendation of the General Manager of Planning and Development, based on the application of the City of London:

(a) the e#aebed Placemaking Guideline document BE ADOPTED, pursuant to Section 19.2 of the Official Plan

(b) the a&&+& proposed by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend the Official Plan to add the “City of London Placemaking Guidelines” to the list of Council approved guideline documents pursuant to Section 19.2.2 of the Official Plan;

(c) the e=&&+& proposed by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend the Official Plan to consider the principles of placemaking as part of the subdivision and site plan process; and

(d) to help the development community implement these Placemaking Guidelines, Planning Staff, in collaboration with EESD staff, BE DIRECTED to proactively establish the conditions under which the

25A. Talbot Street (Brunswick Hotel):

(a)

That the following actions be taken with respect to property located at 331-335

the Civic Administration BE DIRECTED to take all necessary steps to secure the subject property in the interest of public safety, with all associated costs to be borne by the property owner; and

the Civic Administration BE REQUESTED to report back to the Planning Committee with respect to any revisions that may be required to the City’s current demolition policies as they relate to utility shut offs associated with demolitions.

(b)

-21 - following Placemaking features may be applied and also proactively establish pre-approved standards that can be used by the development community to incorporate:

(i) rear laneways;

(ii)

(iii) alternative road widths.

local road connections to arterial roads; and

it being pointed out that at the public participation meeting associated with this matter, the following individual made an oral submission in connection therewith:

S. Janes, President, London Development Institute (LDI) - expressing general support of the urban design initiative, but concern that further collaboration needs to occur between the industry and staff to analyze a number of concerns the development community has raised as outlined in the &k&A communication, and asking that the report be referred to the new File Manager Process and be brought back to the Planning Committee in the New Year; noting that there is still an outstanding request from LDI for a complete listing of guidelines adopted under the Official Plan including dates and associated Council resolutions.

Councillor Caranci moves, seconded by Councillor MacDonald, that the motion moved by Councillor Bryant and seconded by Councillor Baechler be referred back to the Planning and Development Department for continued work with any and all affected parties, with a report back to the Planning Committee in February of 2009, with such report to include details as to the associated costs.

The motion to refer is LOST on a recorded vote, the Members voting as follows:

YEAS: Councillors MacDonald and Caranci. (2)

NAYS: Mayor DeCicco-Best, Deputy Mayor Gosnell, Controllers Barber, Polhill, and Hume and Councillors Winninger, Armstrong, Usher, Eagle, Bryant, Orser, Lonc, Baechler, Hubert and Miller. (15)

The motion to adopt the new clause 258 is put and CARRIED. Clause 258 reads as follows:

!5B. Ievelopment, based on the application of the City of London:

I)

))

That, on the recommendation of the General Manager of Planning and

the ottnnbnd Placemaking Guideline document BE ADOPTED, pursuant to Section 19.2 of the Official Plan

the a&&& proposed by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend the Official Plan to add the “City of London Placemaking Guidelines” to the list of Council approved guideline documents pursuant to Section 19.2.2 of the Official Plan;

the &e&d proposed by-law BE INTRODUCED at the Municipal Council meeting on November 3, 2008 to amend the Official Plan to consider the principles of placemaking as part of the subdivision and site plan process; and

to help the development community implement these Placemaking Guidelines, Planning Staff, in collaboration with EESD staff, BE DIRECTED to proactively establish the conditions under which the following Placemaking features may be applied and also proactively establish pre-approved standards that can be used by the development community to incorporate:

(i) rear laneways;

(ii)

(iii) alternative road widths.

local road connections to arterial roads; and

being pointed out that at the public participation meeting associated with this matter,

- 22 -

the following individual made an oral submission in connection therewith:

0 S. Janes, President, London Development Institute (LDI) - expressing general support of the urban design initiative, but concern that further collaboration needs to occur between the industry and staff to analyze a number of concerns the development community has raised as outlined in the &k&d communication, and asking that the report be referred to the new File Manager Process and be brought back to the Planning Committee in the New Year; noting that there is still an outstanding request from LDI for a complete listing of guidelines adopted under the Official Plan including dates and associated Council resolutions.

The Chair directs that clauses 26 to 34, inclusive, of Section II be noted. Clauses 26 to 34 read as follows:

General Manager of Planning and Development with respect to a Decision rio Municipal Board concerning an appeal by D. Young relating to the Plan

Land Condominium and Zoning By-law Amendment for the property located d 1384 Wonderland Road North. (2008-D11-07)

That the Planning Committee received and noted an information re m the General Manager of Planning and Development with respect to an appeal by

ndon concerning the property located on the east side of Veterans Memorial Parkwa rth of Bradley Avenue, legally described as Part of Lots 3 and 4, Concession eographic Township of Westminster). (2008-Dl 1-02)

That the Planning Committee received and noted an information rep0 the Director of Building Controls with respect to a Property Standards Order forth

perty located at 23 Redan Street. (2008-PO7-01)

That the Planning Committee was unable to reach a majority decision with

ting Placemaking Guidelines, and pursuant to Section 17.6 of the Council Procedur

being pointed out that at the public participation meeting associated with this matter, th llowing individual made an oral submission in connection therewith:

S. Janes, President, London Development Institute (LDI) - expressing gene support of the urban design initiative, but concern that further collaboration nee to occur between the industry and staff to analyze a number of concerns t development community has raised as outlined in the a#s&ed communicati and asking that the report be referred to the new File Manager Process and brought back to the Planning Committee in the New Year; noting that there is an outstanding request from LDI for a complete listing of guidelines adopte under the Official Plan including dates and associated Council resolutions.

That the Planning Committee received and noted the ottonhnd report fr Director of Building Controls with respect to the current status of the demolition of

- property located at 331-335 Talbot Street (Brunswick Hotel).

34. That the Chair asked Members of the Planning Committee to ensure that they arrive on time for meetings and that if they are unable to attend a meeting to advise the Chair or the Committee Secretary as soon as possible.

ENQUIRIES

346. Councillor Miller enquired about the status of the Westminster Ponds since the Thames Valley District School Board left the site. The Chair directs that the correspondence Councillor Miller received with respect to this matter be forwarded to the Planning Committee for a report back pertaining to stewardship of the Ponds.

Councillor Miller moves, seconded by Councillor Baechler, that the Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

(a) a matter pertaining to litigation or potential litigation affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the Springbank Dam project;


a matter pertaining to employee negotiations and personal matters about an identifiable individual(s), including municipal employees, and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation;

a matter pertaining to employee negotiations and personal matters about identifiable individual(s), including municipal employees and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and

a matter pertaining to personal matters about identifiable individuals, including municipal or local board employees, relating to the 2009 Mayor's New Year's Honour List. CARRIED

(b)

(c)

(d)

(e)

The Council rises and goes into the Committee of the Whole, in camera, at 8:09 p.m. with Deputy Mayor Gosnell in the Chair and all Members present except Councillors Armstrong, Branscombe and Van Meerbergen.

At 10:25 p.m. all staff with the exception of J.A. Fielding, K. Bain, J.P. Barber, V. McAlea-Major and L. Rowe leave the meeting.

The Committee rises and Council resumes in regular session at 10:28 p.m. with Mayor DeCicco-Best in the Chair and all Members present except Councillors Armstrong, Branscombe and Van Meerbergen.

30TH REPORT OF THE COMMITTEE OF THE WHOLE

PRESENT: Mayor A. M. DeCicco-Best, Deputy Mayor T. C. Gosnell, Controllers G. Barber, W. J. Polhill and G. Hume and Councillors R. Caranci, B. R. MacDonald, S. Orser, J. L. Baechler, W. Lonc, P. Hubert, S. E. Eagle, D. Winninger, H. L. Usher, J. P. Bryant and C. Miller, and K. Bain (City Clerk).

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ALSO PRESENT: J. A. Fielding, R. L. Fair, P. McNally, R. Panzer, J.P. Barber, G. Belch, M. Hayward, G.T. Hopcroft, J. Jackson, T. A. Johnson, V. McAlea-Major, R. Paynter, L. M. Rowe, R. Standish and B. Westlake-Power.

I YOUR COMMITTEE OF THE WHOLE REPORTS:

1. considering the following:

That the Committee of the Whole met, in camera, for the purpose of

a matter pertaining to litigation or potential litigation affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to the Springbank Dam project;


a matter pertaining to employee negotiations and personal matters about an identifiable individual(s), including municipal employees, and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose, and for the purpose of providing instructions and directions to officers and employees of the Corporation;

a matter pertaining to employee negotiations and personal matters about identifiable individual(?,), including municipal employees and advice or recommendations of officers and employees of the Corporation, including communications necessary for that purpose and for the purpose of providing instructions and directions to officers and employees of the Corporation; and

a matter pertaining to personal matters about identifiable individuals, including municipal or local board employees, relating to the 2009 Mayor’s New Year’s Honour List.

Deputy Mayor Gosnell presents the 30th Report of the Committee of the Whole.

The Chair directs that clause 1 of Section I be noted.

Councillor Usher moves, seconded by Deputy Mayor Gosnell, that on the recommendation of the Chief Administrative Officer, the attached proposed By-law (Appendix A) BE INTRODUCED at the City Council meeting of November 3, 2008 for the purpose of repealing By-law A.-5744-225 and appointing Victor Cot6 as City Treasurer of The Corporation of the City of London on an acting basis effective November 4,2008. CARRIED

Councillor Usher moves, seconded by Deputy Mayor Gosnell, that, on the recommendation of the Chief Administrative Officer, the attached proposed By-law (Appendix A) BE INTRODUCED at the City Council meeting of November 3, 2008 for the purpose of appointing Martin Hayward and Mike Turner as Deputy City Treasurers of The Corporation of the City of London on an acting basis effective November 4, 2008. CARRIED

BY-LAWS

347. Councillor Miller moves, seconded by Councillor Caranci, that the following Bill be introduced:

Bill No. 396 By-law No. 2.-1-081818

A by-law to amend By-law No. Z.-1 to rezone the rear portion of an area of land located at 1671 Fanshawe Park Road West. (16/28/PC)

First Reading:

Councillor Usher moves, seconded by Councillor Caranci, that Bill 396 be read a first time. CARRIED

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Second Reading:

Councillor Miller moves, seconded by Councillor Usher, that Bill 396 be read a second time. CARRIED

Third Reading:

Councillor Caranci moves, seconded by Councillor MacDonald, that Bill No. 396 be read a third time and be finally passed and enacted as a by-law of The Corporation of the City of London, namely:

Bill No. 396 By-law No. 2.-1-081818

A by-law to amend By-law No. Z.-1 to rezone the rear portion of an area of land located at 1671 Fanshawe Park Road West. (16/28/PC)

CARRIED

Councillor Miller moves, seconded by Councillor Baechler, that the following Bill be introduced:

Bill No. 397 A by-law to amend By-law No. 2.-1 to rezone an area By-law No. 2.-1-081819 of land located at 909 Adelaide Street North.

(1 9/28/PC)

CARRIED

First Reading:

Councillor MacDonald moves, seconded by Councillor Baechler, that Bill 397 be read a first time. CARRIED

Second Reading:

Controller Polhill moves, seconded by Councillor Miller, that Bill 397 be read a second time. CARRIED

Third Reading:

Councillor Usher moves, seconded by Councillor Eagle, that Bill No. 397 be read a third time and be finally passed and enacted as a by-law of The Corporation of the City of London, namely:

Bill No. 397 A by-law to amend By-law No. Z.-1 to rezone an area By-law No. 2.-1-081819 of land located at 909 Adelaide Street North.

(1 9/28/PC)

CARRIED

Councillor Eagle moves, seconded by Councillor Miller, that the following Bill be introduced:

Bill No. 399 By-law No. 2.-1-081816

CARRIED

First Reading:

Councillor Eagle moves, seconded by Councillor Winninger, that Bill 399 be read a first time. CARRIED

Second Reading:

Councillor Eagle moves, seconded by Councillor Winninger, that Bill 399 be read a second time. CARRIED

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1510-1540 Fanshawe Park Road West. (8/28/PC)

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Third Reading:

Councillor Usher moves, seconded by Councillor Eagle, that Bill No. 399 be read a third time and be finally passed and enacted as a by-law of The Corporation of the City of London, namely:

Bill No. 399 By-law No. 2.-1-081816

CARRIED

Councillor Eagle moves, seconded by Councillor Miller, that the following Bills be introduced:

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1510-1540 Fanshawe Park Road West. (8/28/PC)

Bill No. 379 By-law No. A.-6272-346

Bill No. 380 By-law No. L.S.P.-3402-347

Bill No. 381 By-law No. S.-5152-348



Bill No. 384 By-law No. W.-2038-351

Bill No. 385 By-law No. 2.-1-081814



Bill No. 388 By-law No. A-30

Bill No. 389 By-law No. C.P.-1284(pj)-355

Bill No. 390 By-law No. PS-111-08056

A by-law to confirm the proceedings of the Council Meeting held on the 3‘ day of November, 2008. (City Clerk)

A by-law to designate 1603 Hamilton Road to be of historical and contextual value or interest. (5/21/PC)

A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Riverside Drive, east of Wharncliffe Road North) (Chief Surveyor)

A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Thompson Road, east of Jacqueline Street) (Chief Surveyor)

A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Oxford Street East, east of Elizabeth Street) (Chief Surveyor)

A by-law to authorize the Stoney Creek Remediation and Slope Stability Project. (Project No. ES2477)

A by-law to amend by-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1000 Sarnia Rd. (2/21/PC)

A by-law relating to the signing of the Cheques drawn on certain bank accounts of The Corporation of the City of London. (7/31/BC)

A by-law to repeal By-law No. A.-5751-270 entitled, “A by-law to appoint Tax Collectors for the City of London and to provide for the exercise of certain powers and duties of the City Treasurer.” (City Treasurer)

Being a bylaw to provide for powers of entry on land for the purpose of carrying out inspections. (7/28/PC)

A by-law to amend the Official Plan for the City of London, 1989. (relating to the land within the Dingman Drive Planning Area, generally bounded by Exeter Road to the north, White Oak Road to the west, Dingman Drive to the south and Highway 401 to the east) (21/28/PC)

A by-law to amend By-law PS-111 entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (5/17/ETC)

(1/15/PC)

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Bill No. 392 By-law No. PW-9-08001

Bill No. 393 By-law No. WM-4-08010

Bill No. 394 By-law No. 2.-1-081815

Bill No. 395 By-law No. 2.-1-081817

Bill No. 398 By-law No. 2.-1-081820


A by-law to amend By-law PW-9 entitled, ”A by-law to provide for the filling up, draining, cleaning and clearing of land, and clearing of refuse from land.” (6/28/PC)

A By-law to amend By-law WM-4, as amended, entitled, “A by-law to regulate connections to the public sewage works.” (4/17/ETC)

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1380 and 1384 Wonderland Road North. (3/28/PC)

A by-law to amend By-law No. Z.-1 to rezone a portion of an area of land located at 3075 and 3109 Wonderland Road South and 415 Southdale Road West. (9/28/PC)

A by-law to amend By-law No. Z.-1 to rezone an area of -land located 2 1060 Oxford Street East. (20/28/PC)

Bill No.400 A by-law to amend the Official Plan for the City of By-law No. C,P.-l284-(pk)-356 London, 1989 relating to a City-wide policy.

(31/28/PC)

Bill No. 401 A by-law to amend the Official Plan for the City of By-law No. C,P.-l284-(pl)-357 London, 1989 relating to a City-wide policy.

(31/28/PC)

A by-law to appoint Victor Cote as the City Treasurer of The Corporation of the City of London on an acting basis. (City Council)

A by-law to appoint Martin Hayward and Mike Turner as Deputy City Treasurers of The Corporation of the City of London on an acting basis. (City Council)

Bill No.402 By-law No. A.-6276-358


CARRIED

First Reading:

Councillor Eagle moves, seconded by Councillor Winninger, that Bill No.’s 379 to 403, excluding Bill No.’s 396, 397 and 399, be read a first time. CARRIED

Second Reading:

Councillor Eagle moves, seconded by Councillor Winninger, that Bill No.’?. 379 to 403, excluding Bill No.’s 396, 397 and 399, be read a second time. CARRIED

Third Reading:

Councillor Usher moves, seconded by Councillor Eagle, that Bill No.% Bill No.3 379 to 403, excluding Bill No.’s 396, 397 and 399, be read a third time and be finally passed and enacted as by-laws of The Corporation of the City of London, namely:


A by-law to confirm the roceedings of the Council Meeting held on the 3‘ day of November, 2008. (City Clerk)

A by-law to designate 1603 Hamilton Road to be of historical and contextual value or interest. (5/21/PC)

a

Bill No. 380 By-law No. L.S.P.-3402-347

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A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Riverside Drive, east of Wharncliffe Road North) (Chief Surveyor)

A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Thompson Road, east of Jacqueline Street) (Chief Surveyor)

A by-law to lay out, constitute, establish and assume land in the City of London as public highway. (As widening to Oxford Street East, east of Elizabeth Street) (Chief Surveyor)

A by-law to authorize the Stoney Creek Remediation and Slope Stability Project. (Project No. ES2477) (1 / I 5/PC)

A by-law to amend by-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1000 Sarnia Rd. (2/21/PC)

A by-law relating to the signing of the Cheques drawn on certain bank accounts of The Corporation of the City of London. (7/31/BC)

A by-law to repeal By-law No. A.-5751-270 entitled, “A by-law to appoint Tax Collectors for the City of London and to provide for the exercise of certain powers and duties of the City Treasurer.” (City Treasurer)

Being a bylaw to provide for powers of entry on land for the purpose of carrying out inspections. (7/28/PC)

A by-law to amend the Official Plan for the City of London, 1989. (relating to the land within the Dingman Drive Planning Area, generally bounded by Exeter Road to the north, White Oak Road to the west, Dingman Drive to the south and Highway 401 to the east) (21/28/PC)


A by-law to amend By-law P S - I l l entitled, “A by-law to regulate traffic and the parking of motor vehicles in the City of London.” (6/17/ETC)

A by-law to amend By-law PW-9 entitled, “A by-law to provide for the filling up, draining, cleaning and clearing of land, and clearing of refuse from land.” (6/28/PC)

A By-law to amend By-law WM-4, as amended, entitled, “A by-law to regulate connections to the public sewage works.” (4/17/ETC)

A by-law to amend By-law No. Z.-1 to remove the holding provision from the zoning for an area of land located at 1380 and 1384 Wonderland Road North. (3/28/PC)

A by-law to amend By-law No. Z.-1 to rezone a portion of an area of land located at 3075 and 3109 Wonderland Road South and 415 Southdale Road West. (9/28/PC)




Bill No. 384 By-law No. W-2038-351

Bill No. 385 By-law No. 2.-1-081814



Bill No. 388 By-law No. A-30

Bill No. 389 By-law No. C.P.-1284(pj)-355



Bill No. 392 By-law No. PW-9-08001

Bill No. 393 By-law No. WM-4-08010

Bill No. 394 By-law No. 2.-1-081815

Bill No. 395 By-law No. Z.-1-081817

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Bill No. 398 By-law No. 2.-1-081820

Bill No.400 By-law No. C.P.-1284-(pk)- 356

Bill No. 401 By-law No. C.P.-1284-(pl)-357

Bill No.402 By-law No. A.-6276-358


A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1060 Oxford Street East. (20/28/PC)

A by-law to amend the Official Plan for the City of London, 1989 relating to a City-wide policy. (31/28/PC)

A by-law to amend the Official Plan for the City of London, 1989 relating to a City-wide policy. (31/28/PC)

A by-law to appoint Victor Cote as the City Treasurer of The Corporation of the City of London on an acting basis. (City Council)

A by-law to appoint Martin Hayward and Mike Turner as Deputy City Treasurers of The Corporation of the City of London on an acting basis. (City Council)

CARRIED

ADJOURNMENT

348. Councillor Miller moves, seconded by Councillor Eagle, that the Meeting adjourn. CARRIED

The Meeting adjourns at 10:32 p.m.

Anne Marie DeCicco-Best, Mayor

Kevin Bain, City Clerk