Meeting CC - 14/2017 - Windsor...Site Plan Approval to permit an additional entrance/exit to the...

Minutes City Council

City of Windsor

Monday, July 17, 2017 6:00 o’clock p.m.

Members Present: Mayor Mayor Dilkens (Away on City Business) Councillors Ward 10 - Councillor Borrelli Ward 3 - Councillor Bortolin Ward 2 - Councillor Elliott Ward 1 - Councillor Francis Ward 6 - Councillor Gignac Ward 4 - Councillor Holt Ward 7 - Councillor Kusmierczyk Ward 8 - Councillor Marra Ward 9 - Councillor Payne Ward 5 - Councillor Sleiman (Acting Mayor) 1. ORDER OF BUSINESS In the event of the absence of the Mayor, Councillor Sleiman has been appointed Acting Mayor for the month of July, 2017 in accordance with By-law 189-2014 2. CALL TO ORDER - Playing of the National Anthem & Moment of Silent Reflection Following the playing of the Canadian National Anthem and a moment of silent reflection, the Acting Mayor, Councillor Sleiman, calls the meeting to order at 6:00 o’clock p.m. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None disclosed.

Minutes City Council Monday, July 17, 2017 Page 2 of 104

4. ADOPTION OF THE MINUTES 4.1 Council Minutes June 19, 2017 Moved by: Councillor Gignac Seconded by: Councillor Holt That the Minutes of the regular meeting of Council held June 19, 2017 BE ADOPTED as presented. Carried.

Report Number: SCM 129/2017 5. NOTICE OF PROCLAMATIONS Srebrenica Remembrance Day – July 11, 2017 Bosnia and Herzegovina Tribute Week – July 11, 2017 Vimy Flight in Windsor Week – July 21-24, 2017 Hepatitis Awareness Week – July 24-28, 2017 Emancipation Day – August 1, 2017 6. COMMITTEE OF THE WHOLE Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra That Council do now rise and move into Committee of the Whole with the Acting Mayor presiding for the purpose of dealing with: (a) communication items; (b) consent agenda; (c) hearing requests for deferrals, referrals and/or withdrawals of any items of business; (d) hearing presentations and delegations; (e) consideration of business items; (f) consideration of Committee reports:

(i) Report of Special In-Camera Meeting or other Committee as may be held prior to Council (if scheduled); and

(g) consideration of by-laws 103-2017 through 114-2017 (inclusive). Carried.


7. COMMUNICATIONS INFORMATION PACKAGE 7.1 2017 Vacancy Rebate Review - Technical Considerations Moved by: Councillor Payne Seconded by: Councillor Borrelli Decision Number: CR373/2017 That the report of the Deputy Treasurer, Taxation and Financial Projects dated June 27, 2017 regarding 2017 Vacancy Rebate Review – Technical Considerations and Clarifications BE RECEIVED for information. Carried.

Report Number: CM 29/2017 Clerk’s File: AF2017

7.2 Windsor Canada Utilities Ltd. - 1st Quarter 2017 Financial Statements - City Wide Moved by: Councillor Payne Seconded by: Councillor Borrelli Decision Number: CR374/2017 That City Council RECEIVE for information, the Windsor Canada Utilities Ltd. 1st Quarter 2017 Financial Statements. Carried.

Report Number: C 110/2017 Clerk’s File: MU2017

7.3 Summary of Ministry Of Labour (MOL) Reports for 1st half of 2017 Moved by: Councillor Payne Seconded by: Councillor Borrelli Decision Number: CR375/2017 That Council RECEIVE for information this report from the Executive Director of Human Resources with respect to Field Reports issued by the Ministry of Labour to the Corporation of the City of Windsor from the timeframe of January 1, 2017 to June 30th 2017. Carried.


Report Number: CM 31/2017 Clerk’s File: APM/9120, GP2017

7.4 New City Hall Project - Construction Update for June 2017 - City Wide Moved by: Councillor Payne Seconded by: Councillor Borrelli Decision Number: CR376/2017 That the June 2017 Construction Update for the New City Hall BE RECEIVED for information. Carried.

Report Number: CM 27/2017 Clerk’s File: APM/9120

7.5 Correspondence - July 17, 2017 Moved by: Councillor Payne Seconded by: Councillor Borrelli Decision Number: CR377/2017 That the following Communication Items 7.5.2 to 7.5.17 inclusive, as set forth in the Council Agenda BE REFERRED as noted, except for item 7.5.1 which is dealt with as follows: 7.5.1 Ambulance Act Legislative Consultation Including Fire-Medic Proposal Moved by: Councillor Payne

Seconded by: Councillor Francis

Decision Number: CR378/2017 That the Ministry of Health and Long term Care be advised that Ctiy Council submits the following

to the Ambulance Act Legislative Consultation Including Fire – Medic Proposal:

“That Council Supports the following AMO demands:

1. That interest arbitrators be prohibited in law from replicating the two proposed pilot studies

on unwilling municipal governments.

2. That there must be a commitment to conducting a third party proof of concept evaluation of

the pilot studies”.

Carried.


Report Number: CMC 12/2017 Clerk’s File: MH2017

No. Sender Subject

7.5.1 Association of Municipalities of Ontario (AMO)

Ambulance Act Legislative Consultation Including Fire-Medic Proposal.

Fire Chief City Solicitor

Note & File MH2017

7.5.2 Ontario Historical Society (OHS)

Ontario Historical Society (OHS) Russell K. Cooper Award presented to Museum Windsor in recognition of its significant Museum Expansion Project.

Note & File GP2017

7.5.3 Ombudsman Ontario 2016-2017 Annual Report of the Ombudsman Ontario. (Clerk’s Note: Report is available for viewing at www.ombudsman.on.ca)

Note & File GM2017

7.5.4 Ontario Municipal Board (OMB)

Decision and Order of the Board issued of the Ontario Municipal Board (OMB) issued regarding Proposed Official Plan Amendment No. 67.

City Planner City Solicitor

Development Applications Clerk Note & File

ZB/7801 & ZO/7802

7.5.5 Secretary/Treasurer, Committee of Adjustment

Committee of Adjustment for meeting to be held Thursday, August 27, 2017 at 3:30 p.m., Council Chambers, 3rd Floor Windsor City Hall.

Note & File ZC2017

7.5.6 Manager of Urban Design

Application of 1027458 Ontario Inc. for Site Plan Approval for new 6-plex residential builds on Florence, Nightfall and Bridal Falls.

Note & File ZS/12863


Application of Essex Hybrid Seed Company Ltd. for Site Plan Approval to permit an additional entrance/exit to the facility at 1902 Jefferson Avenue

Note & File


No. Sender Subject

ZS/12868


Application of University of Windsor for Site Plan Approval to permit the adaptive reuse of the old bus depot located at 40 University Avenue East.



Application of 2556136 Ontario Ltd. for Site Plan Approval to permit two separate repair garage facilities with 40 parking, two loading and three bicycle spaces at 4150 North Service Road.



Application of 1339503 Ontario Inc. for Site Plan Approval to permit 7 new parking & 5 bicycle spaces at 1627 Howard Avenue.



Application of 2515985 Ontario Inc. for Site Plan Approval to permit a new industrial building with 205 parking, 4 loading and 10 bicycle spaces at 2415 Division Road.



Application of Aleo Associates Inc. for Site Plan Approval to permit the reconstruction of the existing building at 3850 Dougall Avenue.


7.5.13 Windsor Public Library

Minutes of the Windsor Public Library 2016 Annual Board Meeting and Windsor Public Library Board Meeting held April 18, 2017.

Note & File MB2017

7.5.14 Dillon Consulting Notice of Commencement of an Environmental Screening to replace a diesel generator at Lou Romano Water Reclamation Plant, 4155 Ojibway Parkway.

City Engineer SWT/6598

7.5.15 Dillon Consulting Notice of Intention to Apply Non-Potable Ground Water Site Condition Standards for 3940 and 3966 Walker Road.

City Engineer City Planner


No. Sender Subject

Manager, Pollution Control Note & File

EI/11165

7.5.16 Pinchin Ltd. Notice of Intention to Apply Non-Potable Standards for at 775 Riverside Drive East.

City Engineer City Planner

Manager, Pollution Control Note & File

EI/11165

7.5.17 Kinder Morgan Utopia Litd.

Notice of the replacement of pipeline under the Detroit River.

City Engineer Note & File

MU2017

Carried.

Report Number: CMC 12/2017 8. CONSENT AGENDA 8.1 2016 Annual Report - Building Permit Fee Reserve Fund Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR379/2017 That the report of the Chief Building Official dated April 21, 2017 regarding Report on 2016 results for the Building Permit Fee Reserve Fund BE ACCEPTED. Carried.

Report Number: C 80/2017 Clerk’s File: AF/11247

8.2 Cahill Drain Examination - Appointment of Drainage Engineer Moved by: Councillor Bortolin Seconded by: Councillor Elliott


Decision Number: CR380/2017 That the firm of Rood Engineering Inc. BE APPOINTED as the drainage engineer at the upset limit of $70,275.00 (plus HST) to make an examination of and prepare a drainage report for repair and improvement to the Cahill Drain between Howard Avenue and the Herb Gray Parkway to be addressed under Section 78 of the Drainage Act. All costs to the City will be charged to Project # 7091021 – Cahill Drain Improvements. Carried.

Report Number: C 88/2017 Clerk’s File: SW2017

8.3 Tender #143-16 Refurbishment of Inlet Chamber at Lou Romano WRP Additional Costs Ward 1,2,3,4,5,9,10

Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR381/2017 That the Chief Administrative Officer and City Clerk BE AUTHORIZED to increase the value of the contract with Facca Incorporated related to Tender No. 143-16 from $765,058.50, excluding HST to $836,905.84, excluding HST, and That additional funding totalling $90,000.00 BE TRANSFERRED from the Pollution Control Reserve (Fund 208) to the LRWRP Inlet Refurbishment project (7152002). Carried.

Report Number: C 95/2017 Clerk’s File: SW/12666

8.4 Zanzibar Crescent Parking By-law Amendment Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR382/2017

1. That By-law No. 86-2017 entitled “A By-law to further amend By-law Number 9023, being a by-law to regulate vehicular parking within the limits of the City of Windsor, on municipal streets, municipal parking lots and private properties” BE REPEALED,

2. That Parking By-Law 9023 BE AMENDED as listed and attached in Appendix 1 of this

report. Carried.


Report Number: C 100/2017

Clerk’s File: ST2017 8.5 City Wide Tender RFT#102-7- LRWRP Compressed Air System Upgrades Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR383/2017 That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign a contract with the low bidder, Haller Mechanical Contractors Inc, in the amount of $129,470.00, excluding HST, satisfactory in form to the City Solicitor, in technical content to the City Engineer, and financial content to the City Treasurer. That additional funding totalling $55,000 BE TRANSFERRED from the Pollution Control Reserve (Fund 208) to Project 7141036 (LRWRP Screw Main Air Compressor). Carried.


8.6 Refurbishment and Upgrades to Plant One Tankage at the Little River Pollution Control

Plant - City Wide Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR384/2017 That the following low tender be ACCEPTED: TENDERER: Facca Incorporated 2097 County Road 31 Ruscom Station, Ontario N0R 1R0 TENDER NO: 48-17 TOTAL TENDER PRICE: $747,230.00 (Excluding HST) ACCOUNT CHARGED: 007-5410-9998-02942-7161020 and,


That the Chief Administrative Officer and City Clerk BE AUTHORIZED to sign a contract with the tenderer, satisfactory in form to the City Solicitor, in technical content to the City Engineer, and financial content to the Chief Financial Officer & City Treasurer; and, That, in order to fund the necessary work, Council APPROVE the following fund transfers to Project 7161020:

- $265,000.00 from Project 7172009 (LRPCP PST / FST / Tank / Cell / Gate) - $350,000.00 from Project 7172002 (LRWRP – PST / Channel / Sluice Gate

Rehabilitation - $105,000.00 from Fund 208 (Pollution Control Reserve)

Carried.


8.7 Atkinson Skateboard Bowl Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR385/2017 That the request from the Friends for Atkinson Park Skateboard Bowl project BE APPROVED IN PRINCIPLE pending a further report from administration. Carried.

Report Number: C 105/2017 Clerk’s File: SR2017

8.8 New ARB Rules of Practice and Procedure Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR386/2017 That City Council RECEIVE this report for Information; and, That City Council ENDORSE the position of CFO/City Treasurer or designate as the Complaints Representative for property assessment appeal matters; and,


That City Council DELEGATE the authority to manage, negotiate and/or authorize settlements with regards to assessment appeal matters where the resulting settlement results in a loss of property tax revenue of $150,000 or less to the CFO/City Treasurer or delegate in accordance with settlement procedures as approved by the City Treasurer and/or CAO and which may be amended from time to time; and, That where the resolution process deems it necessary, that the CAO BE AUTHORIZED to grant approval to settle assessment appeal matters where the resulting settlement results in a loss of property tax revenue of $150,001 or more subject to a subsequent report being brought to City Council. Carried.

Report Number: C 104/2017 Clerk’s File: AF2017

8.10 Report No. 3 of the Roseland Board of Directors - Unaudited Financial Statements -

December 31, 2016 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR388/2017 That Report No. 3 of the Roseland Board of Directors indicating that the Unaudited Financial Statements Roseland Golf and Culing Club Limited December 31, 2016 BE RECEIVED for information BE APPROVED. Carried.

Report Number: SCM 113/2017 Clerk’s File: MB2017

8.11 Minutes of the New City Hall Project Steering Committee of its meeting held May 25,

2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR389/2017 That the minutes of the New City Hall Project Steering Committee of its meeting held May 25, 2017 BE RECEIVED for information. Carried.



8.12 Application for Approval of the Conversion of a Rental Property to Plan of

Condominium – Amiraco Properties Incorporated, 2661-2798 Scarsdale Road and 9460-9590 Esplanade Drive - CDM-007/16 [CDM/4656]; Ward 7

Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR390/2017 PHED 475

I. That the application of Amiraco Properties Inc. for approval of a draft plan of condominium for a property legally described as Block B and Block C Plan 12M-14, City of Windsor, known municipally as 2661-2798 Scarsdale Road and 9460-9590 Esplanade Drive, to permit the conversion of a townhome development containing 101 residential dwelling units to condominium tenure, as shown on the attached Map No. CDM-007/16-1, BE APPROVED subject to the following:

A. The owner shall enter into a condominium agreement to provide for the following together with all items contained in the Consultation section of this report;

B. That the draft plan approval shall lapse on July 17, 2020 (3 years from the date of approval);

C. Existing tenants shall be given a right of first-refusal to purchase the dwelling unit they presently occupy;

D. In the event that existing tenants do not exercise their option to purchase their dwelling unit, they shall be offered a life time non-transferable lease which shall be registered on title and binding on all subsequent owners. Such lease shall be satisfactory in form to the City Solicitor;

E. The owner shall agree to comply with and remedy all site/building defects and deficiencies, including submission of applicable certificates, as contained in the:

1. Building Condition Assessment report prepared by Frontier Engineering Incorporated for Amiraco Properties Inc. , dated February 23, 2016, with all corrections and improvements to be cleared as completed by a Professional Engineer or Professional Architect retained by the owner; and

2. Building Department’s Order to Repair dated June 2, 2016 as included in Appendix A of this report.

All corrections and improvements shall be to the satisfaction of the Chief Building Official.

F. The owner shall agree to comply with and address any requirements identified in the Public Works Department – Engineering - Development, Projects & Right-of-Way May 4, 2016 comments (in Appendix A), as indicated below, to the satisfaction of the City Engineer or designate: 1. Removal of the existing asphalt driveway approaches on Scarsdale Road and

reconstruction in such width and location as approved by the City Engineer, including provision of straight flare driveway approaches and termination of raised curbs so that


the raised curbs do not extend into the driveway approaches, outside the subject property;

2. All driveway approaches shall be of concrete and in compliance with City of Windsor Standard Engineering Drawing AS-204;

3. Apply for street opening permits for sewer taps, drain taps, flatworks, landscaping, curb cuts and driveway approaches prior to commencement of any construction on the public highway; and

4. Gratuitous conveyance to the Corporation of a 4.6m x 4.6m corner cut off at the northeast and northwest corners of the Scarsdale and Esplanade Drive intersection.

G. The owner shall agree to remedy all safety and security deficiencies identified in the

Windsor Police Services’ June 9, 2016 comments (in Appendix A), as indicated below, to the satisfaction of the Director of Planning & Physical Resources, Windsor Police Services:

1. Installation of a one-way privacy viewing port on the entry door of each residential unit;

2. Replacement of the existing municipal address sign on each dwelling unit with a new sign having a minimum address number height of 3 inches for a location no greater than 25 feet (7.6m) from the curb line or edge of pavement and a minimum address number height of 6 inches for a location greater than 25 feet (7.6 m) from the curb line or edge of pavement, as per By-law 196-2011;

3. Installation of precast concrete curb stones in all parking areas immediately adjacent to all inner courtyard amenity spaces;

4. Removal or repair of the storage building located at the east end of the most southerly parking area, on the east side of Scarsdale Road; and

5. Trimming and thinning of all trees and shrubbery located on the site, particularly against the north and east perimeter fences, to provide appropriate visibility for security purposes.

H. The owner shall agree to submit a Photometric Plan to the Corporation’s Landscape Architect and the Director of Planning & Physical Resources, Windsor Police Services for approval, prior to final approval and registration of the condominium plan. The photometric plan shall be prepared by a qualified lighting consultant (i.e. lighting engineer, landscape architect, etc.) in accordance with the City Guidelines found in CR228/2005 Lighting Intensity Standards Study, showing all anticipated lighting improvements, including replacement of existing fixtures that are not of “Full Cut-Off” type. The photometric plan shall include any manufacturer product data sheets and verification that any proposed fixtures are ‘Full Cut-Off’, with the following minimum and maximum illumination levels measured in foot-candles (fc):

a. uncovered parking areas - 0.5 min./4.0 max; b. walkways - 0.5 min./2.0 max; c. building entrances - 3.5 min./8.0 max; d. loading and outdoor garbage storage areas - 1.0 min./2.5 max.; and e. after hours lighting (11:00pm to 5:00am) - 0.5min./2.0max.


I. The owner shall agree to address the requirements identified in the comments from the

Corporation’s Landscape Architect’s April 14, 2016 comments (in Appendix ‘A’), as indicated below, to the satisfaction of the Corporation’s Landscape Architect:

1. Submission of a Landscape Plan (3 full-size copies of all plans) prior to final approval and registration of the condominium plan. The Landscape Plan shall be prepared by a Landscape Architect registered with the OALA, complete with plant material, surface treatments, site amenities, proposed exterior lighting (including wall mounted luminaries) and all details. The Landscape Plan shall include the location of all existing and proposed light fixtures and any manufacturer product data sheets and verification that any replacement or proposed fixtures are ‘Full Cut-Off’.

The plan is to address the following issues:

a. Provision of a minimum of 1 tree, either existing or newly planted, in either the front or rear yard of each unit;

b. Consideration of a wider diversity of Genus when selecting species, in order to reduce total loss during a pathogen epidemic as seen with the Emerald Ash Beetle and Dutch Elm Disease;

c. Selection of plant species capable of withstanding the Windsor/Essex County climatic including cold and heat hardiness, soil conditions, and any other environmental conditions that may affect the sustainability of a plants health;

d. Trees are primarily to provide shade for uses of common areas and vehicles in parking lots. Up to a third of trees may be evergreens;

e. Decorative and screening shrubs for parking lots are to be minimum 50% evergreens;

f. Proposed location of any identifier sign(s) situated on the property or right-of-ways are to be shown in the landscape plan and landscaped with foundation plantings of deciduous and evergreen plant material that will not obscure the sign or create pedestrian/automobile conflicts; and

g. Coordination of trees and light poles/signs to reduce conflict.

2. Submission of a detailed Arborist’s Report, showing the location of all existing trees on the property with a trunk diameter of at least 250 mm and indicating their size, species, and an evaluation of tree health, prepared by any one of the following professionals: Arborist (ISA certified) or Registered Professional Forester (RPF) to the satisfaction of the Manager of Forestry and Natural Areas and the City’s Landscape Architect.

1. Any required landscape improvements shall be based on the results of the Arborist’s Report.

J. The owner shall agree to provide adequate storage space for appropriate and approved garbage, recycling and yard waste containers, in compliance with municipal by-laws, to the satisfaction of the Manager of Environmental Services and the Chief Building Official. The owner is advised that they will be entitled to once a week collection from the City and if further collections are needed, there is a fee.


K. The owner shall agree to repair or resurface the pavement in all parking areas, re-paint parking space markings in compliance with Section 24.20.10.1 of By-law 8600 and provide 1 Type ‘A’ (3.5m x 5.5m) and 1 Type ‘B’ (2.5m x 5.5m) accessible parking space, as per By-law 8600, at a central location in each of the four parking areas, designated with appropriate signage and access aisles that meet the specifications as set out in the Integrated Accessibility Standards (s. 80.34) under the AODA, and 2 visitor parking spaces designated with appropriate signage in each of the four parking areas. All improvements are to be to the satisfaction of the City Engineer, Diversity and Accessibility Officer and Chief Building Official.

II. Final approval of the plan of condominium shall not be considered until all of the required

works or undertakings identified in “Recommendation I” of this report have been

completed to the satisfaction of the respective agencies and departments, and a

Condominium Agreement has been registered against the subject lands.

Carried.

Report Number: S 78/2017 Clerk’s File: ZP/12488

8.13 Approval of a Draft Plan of Subdivision and Zoning By-law Amendment, – Sixth

Concession Development Limited, Part of Lot 13, Concession 6, City of Windsor, designated as Parts 9 to 18 inclusive 12R-20103 – SDN-002/16 [SDN/4967] & Z-015/16 [ZNG/4965]; Ward 9


I. That an amendment to Zoning By-law 8600 BE APPROVED by changing the zoning of Part of Lot 13, Concession 6, City of Windsor, designated as Parts 9 to 18 inclusive, Plan 12R-20103, situated on the north side of Holburn Street between Sixth Concession Road and Ducharme Street, from CD1.3 and HRD3.1 to HRD1.2 and deleting and replacing Section 20(1)118 as follows:

“118. For the lands comprising of Part of Lot 13, Concession 6, designated as Parts 9 to

18 inclusive, Plan 12R-20103, situated on the north side of Holburn Street between Sixth Concession Road and Ducharme Street, the following additional regulations shall apply:

1. Front yard depth – minimum 4.50 m


2. No exterior wall of an attached garage shall project greater than 1.2 metres beyond the front and side walls of the dwelling unit.

[ZDM 13; ZNG/4965]”

II. That the holding symbol BE REMOVED when the Owner makes application to remove the holding symbol and when the following conditions have been satisfied:

a) Registration of Final Plan of Subdivision;

b) The holding symbol for Lot 32 (temporary emergency access) shall not be removed until such time as a road connection has been made from the lands to the north, to Cosenza Street in the subject lands; and

c) The holding symbol for Lot 53 (temporary pumping station) shall not be removed until the pumping station has been decommissioned by the Owner(s) at its entire expense and the City of Windsor has released to the Owner all easements needed for the operation of the pumping station.

III. That the application of Sixth Concession Development Limited for Draft Plan of Subdivision

approval for Part of Lot 13, Concession 6, City of Windsor, designated as Parts 9 to 18

inclusive, 12R-20103, BE APPROVED subject to the following conditions:

A. That the Draft Plan Approval shall lapse on July 17, 2020 (3 years from the date of approval);

B. That this approval applies to the draft plan of subdivision presented on attached Map No. SDN-002/16-1, prepared by Meo & Associates Inc., identified as Project Number 4633, dated August 24, 2016 and revised March 6, 2017, showing 53 lots for single detached dwellings and various road allowances and a reserve block.

C. That prior to the execution and registration of the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor, the Owner(s) shall submit for approval of the City Planner/Executive Director of Planning & Building, a final draft M-Plan which shall include the names of all road allowances within the plan, as approved by the Corporation.

D. That the subdivision agreement between the Owner(s) and the Corporation of the City of Windsor be registered on title and shall contain, among other matters, the following provisions:

1. The Owner(s) agree to include all items as set out in the Results of Circulation with further amendments as required and other relevant matters set out in CR 233/98 (Standard Subdivision Agreement).

2. The road allowances included in this draft plan shall be dedicated as public highways.

3. The street naming and numbering shall be to the satisfaction of the Corporation of the City of Windsor following the end of the appeal period for the draft plan of subdivision.

4. The Owner(s) shall grant any other easements that may be required for utilities, drainage and servicing purposes to the appropriate authorities.


5. The Owner(s) agree to construct a temporary emergency access in accordance with City of Windsor Standard from Street ‘A’ to Holburn Street through Lot 32, to the satisfaction of the City Engineer and Fire Chief. The temporary access shall remain in place and be maintained by the Owner(s) until such time as a road connection has been made from the lands to the north, to Cosenza Street in the subject lands, at which time the Owner will be responsible for the removal of the temporary access, at its entire expense, to the satisfaction of the City Engineer.

6. The Owner(s) agree that the holding ‘H’ symbol for Lot 32 (temporary emergency access), shall not be removed until such time as a road connection has been made from the lands to the north, to Cosenza Street in the subject lands.

7. The Owner(s) shall install a 1.83 metre (6 foot) high vinyl fence along the southerly lot line of Lots 28 to 53, inclusive, and that there shall be a gate for each lot to access the boulevard on the north side of Holburn Street, to the satisfaction of the Chief Building Official and Executive Director of Parks. A warning clause shall be inserted in all Agreements of Purchase and Sale between the Developer and all prospective home buyers for these lots, stating that the owners/tenants/occupants shall be responsible for the maintenance of the grass on the boulevard on the north side of Holburn Street.

8. The Owner(s) agree to:

i) undertake an engineering analysis to identify stormwater quality and quantity measures as necessary to control any increases in flows in downstream watercourses, up to and including the 1:100 year design storm, to the satisfaction of the City Engineer and the Essex Region Conservation Authority;

ii) install stormwater management measures identified above, as part of the development of the site, to the satisfaction of the City Engineer and the Essex Region Conservation Authority; and

iii) obtain the necessary permit or clearance from the Essex Region Conservation Authority prior to undertaking site alterations and/or construction activities.

9. The Owner(s) shall pay to the Corporation, prior to the issuance of a Construction Permit, its share of any previously oversized services that were constructed to ensure that the subject lands could be serviced.

10. The Owner(s) agrees to conduct at its entire expense, a video inspection, or pay the cost of similar inspection, of any existing sanitary/storm sewers on Street ‘A’, as shown on the draft plan of subdivision, which will be tapped to service the development, all to the satisfaction of the City Engineer.

11. The Owner(s) shall agree to pay for their proportionate share of the reassessment of the North Roseland Pond drainage area, satisfactory in content to the City Engineer and prior to the issuance of a construction permit. This study will outline the existing stormwater management conditions as well as impacts of the increased flow due to the proposed development. The study shall review the proposed impacts and recommend mitigating measures and implementation of those measures.


12. The Owner(s) shall construct at their own expense and according to City of Windsor Standard Specifications, a concrete sidewalk at the following locations on streets within and external to this plan of subdivision to the satisfaction of the City Engineer:

i) on the south side of Street ‘A’;

ii) on the north side of Holburn Street; and

iii) on the west side of Ducharme Street.

13. The Owner(s) agree to pay to the Corporation, prior to the issuance of a construction permit, the sum of $3,500, being the Owner’s contribution towards the future construction of a concrete sidewalk on the east side of Ducharme Street north of Helsinki Crescent. If deemed desirable, the Corporation agrees that these costs may be offset against any amounts owed for oversizing under G-5(9) of the Standard Subdivision Agreement.

14. The Owner(s) agrees to gratuitously convey, prior to the issuance of a building permit, the following:

i) 4.6m x 4.6m corner cut offs on all corners of the intersection of Street ‘A’ and Ducharme Street, in accordance with City of Windsor Standard AS-230; and

ii) a 0.3 m reserve on any dead-ends and/or open sides of road allowances created by this plan.

15. The Owner agrees to place the following warning in all Agreements of Purchase and Sale between the Developer and all prospective home buyers:

i) “Students from this area may not be able to attend the closest neighbourhood school due to insufficient capacity and may have to be bussed to more a distant school with the capacity to accommodate them.”

ii) “All persons intending to acquire an interest in the real property by Purchase within this plan of subdivision are advised that a temporary access road will be constructed between Street ‘A’ and Holburn Street through Lot 32 of this plan for emergency access purposes and that it will be removed at such time as Cosenza Street has been extended to an existing street to the north.”

iii) “All persons intending to acquire an interest in the real property by Purchase for Lots 28 to 53, inclusive, are advised that the owners/tenants/occupants shall be responsible for the maintenance of the grass on the boulevard on the north side of Holburn Street.”

E. That the Owner(s) agree that the temporary sanitary pumping station located partially on Lot 53, at the east limit of the subject lands, must be decommissioned at the entire expense of the developer. The Owner(s) further agrees that the “H” symbol for Lot 53 shall not be removed until such time as the pumping station is decommissioned and the City has released to the Owner(s), all easements needed for the operation of the pumping station.

NOTES TO DRAFT APPROVAL (File # SDN-002/16) 1. The applicant is directed to Section 51(39) of The Planning Act 1990 regarding appeal of

any imposed conditions to the Ontario Municipal Board. Appeals are to be directed to the City Clerk of the City of Windsor.


2. It is the applicant's responsibility to fulfil the conditions of draft approval and to ensure that the required clearance letters are forwarded by the appropriate agencies to the City of Windsor, to the attention of the Executive Director of Development Processing Services, quoting the above-noted file number.

3. Required agreements with the Municipality will be prepared by the City Solicitor.

4. The applicant should consult with an Ontario Land Surveyor for this proposed plan concerning registration requirements relative to the Certification of Titles Act.

5. The final plan approved by the Corporation of the City of Windsor must be registered within thirty (30) days or the Corporation may withdraw its approval under Section 51(59) of The Planning Act 1990.

6. All plans of subdivision/condominium are to be prepared and presented in metric units and certified by the Ontario Land Surveyor that the final plan is in conformity to the approved zoning requirements.

7. Where agency conditions are required to be included in the City’s Subdivision Agreement, the applicant is required to forward a copy of the agreement to the agencies in order to facilitate their clearance of conditions for final approval of this plan.

IV. That in the Draft By-law in Appendix D, item 2 INDICATES the following:

2 That the hold provisions be removed when the following provisions are met: (d) The hold provision for Lot 53 (temporary pumping station), shall not be

removed until such time as the pumping station has been decommissioned and the City has released all easements needed for the operation of the pumping station to the Owner(s).

V. That the City Clerk and Licence Commissioner BE AUTHORIZED to issue the required

notice respecting approval of the draft plan of subdivision under Section 51(37) of The

Planning Act.

VI. That the subdivision agreement shall BE REGISTERED against lands to which it applies

prior to the final registration of the Plan of Subdivision.

VII. That prior to the final approval by the Corporation of the City of Windsor, the City Planner /

Executive Director of the Planning and Building Department shall BE ADVISED, in writing,

by the appropriate agencies that conditions have been satisfied.

Carried.

Report Number: S 79/2017 Clerk’s File: ZB/12651, ZP/12653


8.14 Borys Sozanski - 702 Rankin Avenue - Rezoning - Z-006/17 ZNG/5086 - Ward 2 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR392/2017 PHED 477 That Zoning By-law 8600 BE AMENDED by adding a new site specific provision to Section 20(1) as follows:

“345. For the lands comprising Part of Lots 451 and 452, Registered Plan 682 (PIN 012240319) situated on the east side of Rankin Avenue between Wyandotte Street West and Union Street, a duplex dwelling or a semi-detached dwelling shall be additional permitted uses subject to the following additional provisions:

.1 Lot Width – minimum - 13.70 m

.2 Lot Area – minimum - 440.0 m2

.7 Side Yard Width – minimum - 1.20 m

.50 Notwithstanding Section 5.11.5, the maximum width of a carport or garage forming part of the main building shall not exceed 65.0 percent of the maximum permitted width of the main building on the lot.

[ZDM 3; ZNG/5086]” Carried.

Report Number: S 82/2017 Clerk’s File: ZB/12787

8.15 Andi Shallvari - 1094 California - Rezoning - Z-007/17 ZNG/5088 - Ward 2 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR393/2017 PHED 478 That Zoning By-law 8600 BE AMENDED by changing the zoning of Lots 46 and 47, Block D, Registered Plan 50 (PIN 012200248), situated on the east side of California Avenue, north of Giradot Street from RD1.3 to RD2.1. Carried.


8.17 Al Shipley - 929 California - Rezoning - Z-008/17 ZNG/5091 - Ward 2 Moved by: Councillor Bortolin


Seconded by: Councillor Elliott Decision Number: CR395/2017 PHED 480 That Zoning By-law 8600 BE AMENDED by changing the zoning of Lots 42 & 43 and Part of Lots 41 & 44, Registered Plan 50 (PIN 012200251), situated on the west side of California Avenue, south of College Avenue from RD1.3 to RD2.2 and by adding a site specific provision as follows:

“346. For the lands comprising Lots 42 & 43 and Part of Lots 41 & 44, Registered Plan 50 (PIN 012200251), situated on the west side of California Avenue, south of College Avenue, that a multiple dwelling containing a maximum of four dwelling units shall be subject to the following additional provisions: .7 Side Yard Width – minimum - 1.20 m .50 Notwithstanding Section 24.26.5, a maximum of two parking spaces are

permitted in a required front yard. [ZDM 4; ZNG/5091]”; and, That prior to the issuance of a Street Opening Permit, the property owner AGREES TO CONTRIBUTE the sum of $500.00 payable to the City of Windsor and deposited in the General Fund intended for the upkeep of alleys within the City of Windsor. Carried.


8.18 Windsor Municipal Heritage Register - Add and Remove Properties (City-wide) Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR396/2017 PHED 481 That the following 27 properties of cultural heritage value or interest BE ADDED to the Windsor Municipal Heritage Register: 900-912 Erie Street East – Gubb’s Pharmacy – 1935 – Shield on canted corner – Core 1001-1015 Erie Street East – P. Garam Building – 1922 – Two-storey, orange brick – Core 1064-1068 Erie Street East – Dupuis Building / Erie Cycle – c1929 – Commercial two storey –

Core 1291-1299 Erie Street East – Duchess Beauty Salon – 1927 – Italianate parapet – Core 1020-1028 Langlois Avenue – P. Blak Building / Blak’s Bakery – 1924 – Commercial block –

Core 635-645 Mercer Street – General Motors Products of Canada, Ltd. – 1929 – Art Deco, brick &

cast details – Core 1033-1041 Ottawa Street – Ukrainian National Home – 1938 – Commercial two-storey – Core 1408 Ottawa Street – F.W. Woolworth Store – c1941 – Art Deco – Core 1600-1626 Ottawa Street – Adams Drug Co. Ltd. – c1927 – Commercial two-storey –

Walkerville


333 Ouellette Avenue – Wilkinson Shoe Store – c1930 – Arch. G.A. McElroy – Core 1520 Ouellette Avenue – Curtin House – c1922 – Eclectic Tudor Revival – Core 1240 Pierre Avenue – St. George Romanian Orthodox Church – c1918 – Arched windows,

flared tower – Core 1501-1515 Tecumseh Road East – Loblaw Groceteria (before 1954) – c1929 – Commercial

two-storey, canted corner – Core 1569-1577 Tecumseh Road East – Burnside Hardware – c1927 – Commercial two-storey, cast

details – S. Walkerville 1572-1598 Tecumseh Road East – Lanspeary’s Drugs / Stedman Butcher – c1927 –

Commercial two-storey, brick & metal detail – S. Walkerville 1625-1633 Tecumseh Road East – Commercial two-storey – c1930 – Cast details – S.

Walkerville 2614 Tecumseh Road East – Royal Bank of Canada – 1929 – Arch. Sumner Godfrey

Davenport – Ford City 4081 Tecumseh Road East / Tourangeau Road – Pillar – c1923 – Street feature only – Ford

City Tecumseh Road East / Rossini Boulevard, southwest & southeast corners – Pillars in City park

– c1923 – Subdivision gateway – Ford City 4255 Tecumseh Road East / east of Rossini Boulevard – Pillar – c1923 – Street feature only –

Ford City 4335 Tecumseh Road East / Bernard Road – Pillar – c1923 – Street feature only – Ford City 1099 University Avenue West – Calvary United Church / London Street Methodist – c1910 –

Gothic Revival – Core 4700-4710 Wyandotte Street East – Haynes Drug Store – c1921 – Commercial, buff brick –

Ford City 4739-4749 Wyandotte Street East – DesRamaux Tailors – c1946 – Simple Art Deco

Commercial – Ford City 4774-4780 Wyandotte Street East – De Mers Block – c1929 – Two-storey red brick commercial

– Ford City 5604-5630 Wyandotte Street East – Goodbrand / Lever Drug Store – c1927 – Two-storey

Commercial – Riverside 5690 Wyandotte Street East – Imperial Bank of Canada – 1950 – Arch. J.P. Thomson –

Riverside Carried.

Report Number: S 85/2017 Clerk’s File: MBA2017

8.19 (ACSP) Closing north-south alley between Byng Rd., and Bliss Rd., south of Seymour

Blvd. and north of Foster Ave. SAA/4981 - Ward 9 Moved by: Councillor Bortolin


Seconded by: Councillor Elliott Decision Number: CR397/2017 PHED 482

I. That the alley having the width of 4.6m, located between Byng Rd., and Bliss Rd., south of

Seymour Blvd. and north of Foster Ave., as shown on Drawing CC-1707 attached hereto as

Appendix “A”, BE ASSUMED for subsequent closure;

II. That the alley having the width of 4.6m, located between Byng Rd., and Bliss Rd., south of

Seymour Blvd. and north of Foster Ave., as shown on Drawing CC-1707 attached hereto as

Appendix “A”, BE CLOSED AND CONVEYED to the abutting property owners subject to the

following:

i. Easements, subject to their being accepted in the City’s standard form and in

accordance with the City’s standard practice, be granted to:

a. Bell Canada, Managed Network Systems Inc., Cogeco Connexion Inc., and Enwin

Utilities Ltd.

ii. Conveyance Cost BE SET as follows:

Abutting properties zoned RD 1.1:

1. $1.00 plus alley subsidy cost of $99.00 during the alley subsidy program;

2. $1.00 plus alley subsidy cost of $99.00 after the expiration of the alley

subsidy program

III. That The City Planner BE REQUESTED to supply the appropriate legal description, in

accordance with Drawing Number CC-1707, attached hereto as Appendix “A”

IV. That The City Solicitor BE REQUESTED to prepare the necessary by-law(s)

V. That The Chief Administrative Officer and City Clerk BE AUTHORIZED to sign all necessary

documents approved as to form and content satisfactory to the City Solicitor

VI. That the matter BE COMPLETED electronically pursuant to By-law Number 366-2003

VII. If there are existing alley approaches, and these approaches become obsolete after the alley

closure, the City shall remove existing alley approaches in the future when budget funds

exist. Alternatively should property owners that abut the approaches to the closed alley wish


to retain the alley approaches as driveways, permits from Public Works shall BE

REQUIRED

Carried. Report Number: S 92/2017

Clerk’s File: SAA2017 8.20 Brownfield Redevelopment Community Improvement Plan (CIP) application submitted

by 1206738 Ontario Limited for property located at 933-963 Walker Road (Ward 4) Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR398/2017 PHED 483

I. That the request made by 1206738 Ontario Limited to participate in the Environmental Site

Assessment Grant Program BE APPROVED for the proposed Phase II Environmental Site

Assessment Study and Remedial Work Plan at 933-963 Walker Road pursuant to the City of

Windsor Brownfield Redevelopment Community Improvement Plan; and,

II. That the City Treasurer BE AUTHORIZED to issue payment upon the completion and

submission of a Phase II Environmental Site Assessment Study and Remedial Work Plan in

a form acceptable to the City Planner and City Solicitor.

Carried.

Report Number: S 88/2017 Clerk’s File: Z/8955

8.21 Brownfield Redevelopment Community Improvement Plan (CIP) application submitted

by Ashok Sood for properties located east of Walker Road between Edna and Richmond Streets (Ward 5)


I. That the request made by Ashok Sood to participate in the Feasibility Study Grant Program

BE APPROVED for the proposed Concept Plan for properties located east of Walker Road

between Edna and Richmond Streets (i.e. 0 Edna Street, 0 St. Luke Road, 890 Walker

Road, and 1030 Walker Road) as identified on the location map found in the appendix,

pursuant to the City of Windsor Brownfield Redevelopment Community Improvement Plan;

and


II. That the request made by Ashok Sood to participate in the Environmental Site Assessment

Grant Program BE APPROVED for the proposed Phase II Environmental Site Assessment

Study and Remedial Work Plan at 0 Edna Street pursuant to the City of Windsor Brownfield

Redevelopment Community Improvement Plan; and

III. That the City Treasurer BE AUTHORIZED to issue payment upon the completion and

submission of a Concept Plan, Phase II Environmental Site Assessment Study, and

Remedial Work Plan in a form acceptable to the City Planner and City Solicitor.

Carried.

Report Number: S 89/2017 Clerk’s File: Z/8955

8.23 Minutes of the Town & Gown Committee of its meeting held March 28, 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR401/2017 ETPS 508 That the minutes of the Town and Gown Committee of its meeting held March 28, 2017 BE RECEIVED for information. Carried.


8.24 Report No. 96 of the Windsor Essex County Environment Committee - Windsor and

Essex County in close proximity to U.S. based Fermi and Davis-Besse Nuclear Stations.

Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR402/2017 ETPS 509 That Report No. 96 of the Windsor Essex County Environment Committee indicating that: WHEREAS the Government of Ontario has asked for the public and municipalities to provide recommendations on how it should update the province’s Provincial Nuclear Emergency Response Plan (PNERP) before July 15, 2017; and, WHEREAS Essex County and the City of Windsor are in close proximity to the Michigan-based Fermi nuclear station and Ohio-based Davis-Besse nuclear station; and,


WHEREAS over forty civil society organizations, including the Registered Nurses’ Association of Ontario (RNAO) and the Canadian Association of Physicians for the Environment (CAPE), have called on the provincial government to address gaps in current emergency plans by strengthening transparency, protecting vulnerable communities, meeting best practices and protecting drinking water; THEREFORE BE IT RESOLVED that City of Windsor and County of Essex Council submit the following recommendations to the Government of Ontario to ensure communities living in proximity to the Fermi and the Davis-Besse nuclear stations be accorded the same level of public safety as communities living near the Ontario-based Bruce, Darlington and Pickering nuclear stations. Recommendations to the Government of Ontario regarding the Provincial Nuclear Emergency Response Plan (PNERP): Include requirements for the pre-distribution and availability of potassium iodide (KI) pills for communities living in proximity to the Fermi and Davis-Besse nuclear stations equivalent to requirements for Ontario-based nuclear stations;

1) Recognize public expectations for public safety by ensuring plans are in place to address Fukushima-scale accident;

2) Adopt a policy of meeting or exceeding international best practices in nuclear emergency response measures wherever feasible;

3) Require provincial and municipal authorities to regularly identify vulnerable communities within provincial nuclear response zones and prepare emergency measures adapted to the needs of such vulnerable communities;

4) Include new requirements for transparency and regular public review, especially with affected communities;

5) Ensure awareness campaigns are in place to inform the residents of Southwestern Ontario on how to prepare for a nuclear emergency; and

6) Ensure adequate measures are in place to protect drinking water in the event an accident at a Canadian or American-based reactor contaminates the Great Lakes.

And further, that a copy of this resolution BE SENT to: The municipalities of Essex, Amherstburg, Lakeshore, LaSalle, Leamington, Kingsville, Tecumseh, Windsor, Chatham-Kent; Windsor Essex County Health Unit City of Toronto City of Toronto Office of Emergency Management Hon. Kathleen Wynne, Premier of Ontario Minister of Community Safety and Correctional Services Minister of Health and Long-Term Care Members of Provincial Parliament Lisa Gretzky Percy Hatfield Taras Natyshak BE APPROVED as presented. Carried.


Report Number: SCM 117/2017

Clerk’s File: MB2017 8.25 Public Transit Infrastructure Fund (PTIF) Update Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR403/2017 ETPS 513 That the Environment, Transportation and Public Safety Standing Committee, the Transit Windsor Board of Directors and City Council RECEIVE for information the report of the Executive Director Transit Windsor dated June 9, 2017 entitled Public Transit Infrastructure Fund (PTIF) Update; and, That City Council APPROVE the use of $215,000 in 2019 from the Transit Windsor Fleet Replacement Program (TRN-001-07) to address the bus purchase shortfall resulting from fluctuations in the US exchange rate which marginally increased the individual bus costs. Carried.

Report Number: S 108/2017 Clerk’s File: MT/12670

8.26 Minutes of the Windsor Accessibility Advisory Committee of its meeting held May 9,

2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR404/2017 SDHC 478 That the minutes of the Windsor Accessibility Advisory Committee of its meeting held May 9, 2017 BE RECEIVED for information. Carried.


8.27 Report No. 115 of the Windsor Accessibility Advisory Committee - Induction Loop

System for the Provincial Offences Court Moved by: Councillor Bortolin Seconded by: Councillor Elliott


Decision Number: CR405/2017 SDHC 479 That Report No. 115 of the Windsor Accessibility Advisory Committee indicating that APPROVAL BE GIVEN to an expenditure in the upset amount of $52,916 for the purchase of an Induction Loop System for the Provincial Offences Court and, for six (6) Portable Lanyards subject to the provisions of the Purchasing By-law 93-2012 and further, that a plaque BE ERECTED acknowledging the contribution by the Windsor Accessibility Advisory Committee and City Council BE APPROVED. Carried.


8.28 Report No. 116 of the Windsor Accessibility Advisory Committee - Certificate Program

in Workplace Mental Health Leadership Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR406/2017 SDHC 480 That Report No. 116 of the Windsor Accessibility Advisor Committee indicating that APPROVAL BE GIVEN to an expenditure in the upset amount of $8,700 to provide an opportunity for Human Resources to offer a certificate program in Workplace Mental Health Leadership from Queen’s University that will assist City of Windsor managers to build and reinforce a mentally healthy work environment, and further that an invitation BE EXTENDED to community partners to participate in this training, and that Human Resources BE REQUESTED to report back on the outcomes of the Workplace Mental Health Leadership Program BE APPROVED. Carried.


8.29 Minutes of the Executive Committee and the Board of Directors, Willistead Manor Inc.

meetings, held April 13, 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR407/2017 SDHC 481 That the minutes of the Executive Committee and the Board of Directors, Willistead Manor, Inc. of its meeting held April 13, 2017 BE RECEIVED for information. Carried.



Clerk’s File: MB2017 8.30 Report No. 101 of the Board of Directors, Willistead Manor Inc., of its meeting held

April 13, 2017 (Annual Report) Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR408/2017 SDHC 482 That Report No. 101 of the Board of Directors, Willistead Manor Inc., indicating that the Annual Report and Financial Statements on the affairs and operations of Willistead Manor Inc. for the year 2016, attached as Appendix A, BE ACCEPTED as presented; and, That upon acceptance of the 2016 Annual Report by City Council, copies BE FORWARDED to a list of appropriate parties as approved by the Board; and, That in accordance with Sections 6 (c) of the City of Windsor Act, 1981, an amount of $2,258.50 BE PAID OVER to the City of Windsor Willistead Capital Restoration Reserve Fund BE APPROVED. Carried.


8.31 Minutes of the Seniors Advisory Committee of its meeting held May 2, 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR409/2017 SDHC 483 That the minutes of the Seniors Advisory Committee of its meeting held May 2, 2017 BE RECEIVED for information. Carried.


8.34 Report No. 17 of the Community Public Art Advisory Committee - E-mail Poll regarding

Memorial Clock Monument - Dr. Lazarus Jovanovic Moved by: Councillor Bortolin


Seconded by: Councillor Elliott Decision Number: CR412/2017 SDHC 486 That Report No. 17 of the Community Public Arts Advisory Committee indicating that APPROVAL BE GIVEN to construct a Memorial Clock Monument to honour the memory of Dr. Lazarus Jovanovic to be placed in the centre of the roundabout located at the intersection of Erie Street and Parent Avenue, and further, that Administration BE AUTHORIZED to prepare a legal agreement that outlines city ownership and maintenance of the monument satisfactory in form to the City Solicitor BE APPROVED. Carried.


8.35 "Erie Street Clock" to be located in the Erie Street Roundabout - Ward 4 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR413/2017 SDHC 488 That the recommendation from the Public Art Advisory Committee for the approval of the installation of the Erie Street Clock in the Erie Street Roundabout by the Erie Street BIA BE RECEIVED; and further, That Administration BE AUTHORIZED to negotiate an agreement with the Erie Street BIA including each partner’s obligations and responsibilities, the transference of ownership of the clock and other rights to the City of Windsor, and the development of a maintenance Trust Fund to be utilized for future maintenance and repairs; and further, That Administration REPORT BACK directly to City Council on the draft terms and condition of an agreement with the Erie Street BIA for final approval. Carried.

Report Number: S 100/2017 Clerk’s File: SR2017

8.36 PwC Manage the Daily Operations of Service Delivery Moved by: Councillor Bortolin Seconded by: Councillor Elliott


Decision Number: CR414/2017 EC 295 That the report of PriceWaterhouseCoopers (PwC) dated March 22, 2017 regarding “Manage the Daily Operations of Service Delivery” BE RECEIVED for information. Carried.

Report Number: SCM 93/2017 Clerk’s File: AF/11247

8.37 Management Action Plan for PwC "Manage Daily Operations of Service Delivery"

Internal Audit Report - City Wide Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR415/2017 EC 296 That City Council AUTHORIZE administration to proceed to implement the Management Action Plan created in response to the findings of the “Manage the Daily Operations of Service Delivery” internal audit report; and, That City Council DIRECT administration to report on the progress of the implementation of the Management Action Plan; and, That such reports SHOULD COINCIDE with Pricewaterhouse Coopers LLP’s quarterly updates to Council. Carried.

Report Number: S 80/2017 Clerk’s File: AF/11247

8.38 PwC Cybersecurity Assessment May 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR416/2017 EC 297 That the report of PriceWaterhouseCoopers (PwC) dated May 2017 regarding “Cybersecurity Assessment” BE RECEIVED for information. Carried.



Clerk’s File: AF/11247 8.39 Internal Audit Risk Assessment and Plan 2017/2018 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR417/2017 EC 298 That the report of PriceWaterhouseCoopers (PwC) dated May 29, 2017 regarding “Internal Audit Risk Assessment and Plan 2017/2018” BE APPROVED as presented. Carried.


8.40 PwC Internal Audit Performance Dashboard March 31 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR418/2017 EC 299 That the report of PriceWaterhouseCoopers (PwC) dated March 31, 2017 regarding “Internal Audit Performance Dashboard” BE RECEIVED for information. Carried.


8.41 PwC Internal Audit Report 2017 - Report on Findings Status as of 2-28-17 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR419/2017 EC 300 That the report of PriceWaterhouseCoopers (PwC) dated May 29, 2017 regarding “Internal Audit Report 2017 – Report on Findings Status as of February 28, 2017” BE RECEIVED for information. Carried.



8.42 Summary of Hotline Issues Referred to Management by PwC - 2017 Q1 - City Wide Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR420/2017 EC 301 That City Council RECEIVE FOR INFORMATION the Summary of Hotline Issues Referred to Management by PwC from January 1, 2017 – March 31, 2017 (attached as Appendix A). Carried.


8.43 Status Report on Implementation of Audit Recommendations - 2017 Q1 - City Wide Moved by: Councillor Bortolin Seconded by: Councillor John Elliott Decision Number: CR421/2017 EC 302 That City Council RECEIVE for information the Status Report on Implementation of Audit Recommendations as of 2017 Q1 (attached as Appendix A). Carried.


8.44 Code of Conduct for Members of Council and Local Boards (Appendix B to By-law 98-

2011) Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR422/2017 EC 303 That the report of the Integrity Commissioner regarding the update/revisions to the “Code of Conduct for Members of Council and Local Boards (Appendix B to By-law 98-2011)” BE APPROVED as presented. Carried.



Clerk’s File: GM/12076 8.45 Compliance with Applicable Laws & Regulations, 2017 Q1 - City Wide Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR423/2017 EC 304 That City Council RECEIVE FOR INFORMATION the Status Report on Compliance with Applicable Laws and Regulations, 2017 Q1. Carried.


8.46 City and School Board Liaison Committee minutes from meeting held March 1, 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR424/2017 EC 305 That the minutes of the City and School Board Liaison Committee meeting held March 1, 2017 BE RECEIVED for information. Carried.


8.47 Report No. 3 of the City and School Boards Liaison Committee held March 1, 2017 Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR425/2017 EC 306 That report No. 3 of the City and School Boards Liaison Committee of its meeting held March 1, 2017 stating “that the Draft Terms of Reference and Mandate for the City and School Boards Liaison Committee, attached as Appendix A, BE ADOPTED as amended“ BE APPROVED as presented. Carried.



11.1 Clean Water Waste Water Project Adjustments Moved by: Councillor Bortolin Seconded by: Councillor Elliott Decision Number: CR427/2017 That Council APPROVE the Mount Carmel and Janisse projects to proceed including their respective expanded scopes prior to notification from the Ministry that they have approved the use of grant funding for these changes, and; That should the Ministry not approve one or both of these project scope changes the shortfall in grant funding for those projects BE FUNDED from anticipated surpluses in various sewer surcharge funded projects, and; That Council APPROVE the awarding of the tender for the Mount Carmel project as well as the expanded scope of work for Janisse. Carried.

Report Number: C 112/2017 Clerk’s File: EI/12678

9. REQUEST FOR DEFERRALS, REFERRALS AND/OR WITHDRAWALS 8.16 Request for site specific amendments to current zoning regulations and permitted

uses to 5 properties located at 3169-3199 Dougall Ave. – Ward 1 Moved by: Councillor Gignac Seconded by: Councillor Marra Decision Number: CR394/2017 PHED 479 That the report of the City Planner dated June 12, 2017 regarding “Request for site specific amendments to current zoning regulations and permitted uses to 5 properties located at 3169-3199 Dougall Ave – Ward 1” BE DEFERRED to a future meeting of Council to allow for the applicant to provide an amended proposal. Carried.

Report Number: S 91/2017


Clerk’s File: ZB/12691 10. PRESENTATIONS AND DELEGATIONS (5 Minute maximum per delegate) 10.1 Community Energy Plan Estimated Short-term Implementation Costs and Associated

Grant Funding Opportunities - City Wide AND, 10.2 Tabling of Windsor's Community Energy Plan - City Wide Susan Hall, LURA Consulting, and Peter Garforth, Garforth International LLC Susan Hall, LURA Consulting, and Peter Garforth, Garforth International LLC, appear before Council regarding Windsor’s Community Energy Plan – City Wide and provide an outline of the community energy plan targets including detail regarding the participation, guidance and leadership of the community task force; explanations are provided regarding understanding current energy uses, emissions footprint, and comparisons are provided with other Ontario communities as well as Manheim Germany; Energy savings are correlated with Economic Development and employment opportunities; and conclude by suggesting annual cost savings can be realized and request that Council accept the recommendations that are outlined. Klaus Dohring, resident of Ward 4 Klaus Dohring, resident of Ward 4, appears before Council regarding Windsor’s Community Energy Plan – City Wide and indicates that a long term vision and plan is prudent and concludes by thanking organizers of the working group, the consultants and adds that the Community Energy plan is a good starting point. David Hanna, resident of Ward 1 David Hanna, resident of Ward 1, appears before Council regarding Windsor’s Community Energy Plan – City Wide and suggests an expansion of district energy and concludes by supporting the Community Energy Plan while suggesting some changes. Moved by: Councillor Gignac Seconded by: Councillor Bortolin Decision Number: CR426/2017 ETPS 511 ETPS510 ETPS 484


1. That the Updated Draft Community Energy Plan (attached) BE APPROVED as amended by segregating the quantification of the greenhouse gas emissions contributed by international truck traffic; and,

2. That City Council AUTHORIZE the City Engineer to submit applications for the projects identified in the financial matters section of this report to the following grants: Federation of Canadian Municipalities (FCM) Municipalities for Climate Innovation Program (MCIP); Independent Electricity System Operator (IESO); and Ministry of Energy to support the implementation of the Community Energy Plan (CEP); and,

3. That Council APPROVE the transfer of $40,000 from Fund 169 – Pay-As-You-Go Reserve to the Community Energy Plan (CEP) Project (ID 7159001) resulting in a balance for that project of $126,788 to be used for the City’s contribution to the grants; and,

4. That subject to being awarded the grant funding, and provided it is within the City’s contribution funding of $126,788,

a. That the Chief Administrative Officer and City Clerk BE AUTHORIZED to take any such action required to effect the recommendation noted above and sign any required documentation, satisfactory in legal form to the City Solicitor, in technical content to the City Engineer and in financial content to the City Treasurer; and,

b. THAT the Chief Administrative Officer DELEGATE signing of all claims and applicable schedules and other such documents required as part of the request for payment to the Manger of Environmental Quality or designate; and,

c. THAT Administration BE AUTHORIZED to retain appropriate energy consultants for the completion of the detailed energy mapping and development of decision grade business cases as required for the noted projects, subject to compliance of the purchasing by-law and that the costs fall within approved budget amounts; and,

5. That in the event that written confirmation is received by the City indicating that the grant funding has been approved as submitted by the City, Administration BE AUTHORIZED to make any expenditures/purchases that are related to those project submitted provided such expenditures/purchases are within previously-approved budget amounts and that they are required to be made prior to the formal public announcements or agreement execution, due to project timelines; and,

6. That the City of Windsor’s Human Resources Department BE AUTHORIZED to undertake the necessary steps to recruit for a temporary position upon a successful grant application; and,

7. That Administration REPORT to Council on the results of the grant applications, as part of the annual grant update to Council; and,

8. That administration PROVIDE Bi-annual update reports to City Council.


Carried.

Report Number: S 102/2017, S 44/2017 Clerk’s File: EI/10822

8.22 Parking Clearances Required for Multi-Use Recreational Trail Crossings – Additional

Locations - City Wide Don Ouellette, resident of Ward 9 Don Ouellette, resident of Ward 9, appears before Council regarding the administrative report Parking Clearances required for Multi-Use Recreational Trail Crossings – Additional Locations- City Wide and requests removal of his street (Foster) from the list or parking amendments as he and his fellow residents would like to keep the parking and use it regularly. Marina Gojci, resident of Ward 9 Marina Gojci, resident of Ward 9, appears before Council regarding the administrative report Parking Clearances required for Multi-Use Recreational Trail Crossings – Additional Locations- City Wide and concludes by suggesting that parking is needed and would like it to remain as it increases the value of the homes in the area and supports the residents needs. Ace Simon, resident of Ward 6 Ace Simon, resident of Ward 6, appears before Council regarding the administrative report Parking Clearances required for Multi-Use Recreational Trail Crossings – Additional Locations- City Wide and provides a history of the process and concludes by indicating illegal parking still exists and that administration should schedule baseball games at different parks to eliminate the illegal parking in the area. Moved by: Councillor Francis Seconded by: Councillor Elliott Decision Number: CR400/2017 ETPS 496 That the report of the City Engineer dated January 3, 2017 entitled Parking Clearances Required for Multi-Use Recreation Trail Crossings Additional Locations BE NOTED AND FILED. Carried. Aye votes: Councillors Francis, Payne, Kusmierczyk, Elliott and Borrelli. Nay votes: Councillors Bortolin, Holt, Marra and Gignac.


Report Number: S 2/2017 Clerk’s File: ST2017

8.32 Report No. 22 of the Seniors Advisory Committee - Draft Age-Friendly Windsor Final

Report - Livability, Lifestyles and Well-being 3rd Report to the Community 2014-2017 Sally Bennett Olczak, Chair, Seniors Advisory Committee, and Larry Duffield, Vice Chair, Seniors Advisory Committee Sally Bennett Olczak, Chair, Seniors Advisory Committee, and Larry Duffield, Vice Chair, Seniors Advisory Committee, appear before Council regarding Report No. 22 of the Seniors Advisory Committee - Draft Age-Friendly Windsor Final Report - Livability, Lifestyles and Well-being 3rd Report to the Community 2014-2017 and provide a brief history of the Age Friendly report, and conclude by suggesting that the next steps should centre on sustainability and growth for the needs of seniors in many categories, and express their gratitude to the Mayor and Members of Council for their years of support. Moved by: Councillor Gignac Seconded by: Councillor Borrelli Decision Number: CR410/2017 SDHC 484 That Report No. 22 of the Seniors Advisory Committee indicating that the “Draft Age-Friendly Windsor Final Report – Livability, Lifestyles and Well-being, 3rd Report to the Community 2014-2017” BE APPROVED, and further, that the Mayor BE REQUESTED to submit a letter of support for the Age-Friendly initiative with the Final Report to the Global Network of Age Friendly Cities and Communities of the World Health Organization BE APPROVED. Carried. Councillor Elliott was absent from the meeting when the vote was taken on this matter.

Report Number: SCM 90/2017 Clerk’s File: SS/11915

8.33 Report No. 23 of the Seniors Advisory Committee - Participation by the Seniors

Advisory Committee in a Seniors Summit Larry Duffield, Vice Chair, Seniors Advisory Committee & CARP Windsor Essex Chapter President, and Sally Bennett Olczak, Chair, Seniors Advisory Committee Larry Duffield, Vice Chair, Seniors Advisory Committee & CARP Windsor Essex Chapter President, and Sally Bennett Olczak, Chair, Seniors Advisory Committee, appear before Council in support of


Report No. 23 of the Seniors Advisory Committee - Participation by the Seniors Advisory Committee in a Seniors Summit and conclude by indicating that CARP Windsor Essex was successful in receiving grant funding to support the Summit costs and extend an invitiation to the event which will take place at the WFCU Centre on Friday November 3, 2017. Moved by: Councillor Borrelli Seconded by: Councillor Kusmierczyk Decision Number: CR411/2017 SDHC 485 That Report No. 23 of the Seniors Advisory Committee indicating that participation by the Seniors Advisory Committee in a Seniors Summit to be held in November 2017 BE ENDORSED IN PRINCIPLE, subject to the award of an Ontario Seniors Secretariat Grant to the Canadian Association of Retired Persons (CARP) BE APPROVED. Carried.


8.9 Ontario Municipal Commuter Cycling (OMCC) Program - Grant Funding Lori Newton, Executive Director of Bike Windsor Essex Lori Newton, Executive Director of Bike Windsor Essex, appears before Council expressing concern regarding the administrative report Ontario Municipal Commuter Cycling (OMCC) Program Grant Funding specifically questioning why only two projects that were recommended by the Windsor Bicycling Committee were approved for grant submission, and concludes by suggesting working together to possibly add a third project to the list. Moved by: Councillor Kusmierczyk Seconded by: Councillor Payne Decision Number: CR387/2017

1. That City Council APPROVE the projects identified in this report for submission to the

Ontario Municipal Commuter Cycling (OMCC) Program; and,

2. That the following two projects BE ADDED to the approved submission list for the Ontario

Municipal Commuter Cycling (OMCC) Program:

a. Rhodes Drive cycling facilities (Deziel Dr. at approx. Mannheim Way to Rhodes

Drive at Jefferson Blvd).

b. EC Row Expressway Underpass (Connection between Derwent Park and Twin

Oaks); and,


3. That the Chief Administrative Officer BE AUTHORIZED to execute any agreements,

declarations or approvals required to submit an application to the OMCC program; and,

4. That the Mayor and City Clerk BE AUTHORIZED to sign the 2017 Application Declaration to

be submitted with the application for the OMCC program; and,

5. That in the event written confirmation is received by the City indicating that funding has been

approved under the OMCC Program in respect of any or all of the projects submitted by the

City, a report be brought to Council recommending which projects the funding should be

allocated to and recommendations on how to fund the City portion; and,

6. That Council APPROVE the opening of a new bank account in the name of “CofW-Grant

Funds OMCC” with Scotiabank as is required for this grant, with the Mayor and Chief

Financial Officer & City Treasurer designated as signing authorities; and,

7. That the Chief Administrative Officer and the City Clerk BE AUTHORIZED to take any such

action and sign any such documentation as may be required to effect the recommendations

and funding for OMCC Program as noted above, subject to all documentation being

satisfactory in legal form to the City Solicitor, in technical content to the City Engineer and in

financial content to the City Treasurer; and,

8. That the Chief Administrative Officer DELEGATE signing of all claims and applicable

schedules and other such documents required as part of the request for payment to the City

Engineer or designate.

Carried. At the request of Councillor Marra, a recorded vote is taken. Aye votes: Councillors Francis, Payne, Kusmierczyk, Marra, Borrelli, and Sleiman as Acting Mayor. Nay votes: Councillors Holt, Gignac, Bortolin, and Elliott.

Report Number: C 24/2017 Clerk’s File: GP/12791

11. REGULAR BUSINESS ITEMS (Non-Consent Items) None. 12. CONSIDERATION OF COMMITEE REPORTS


12.1 Report of the Special In-Camera meeting or other Committee as may be held prior to Council (if scheduled)

Moved by: Councillor Holt Seconded by: Councillor Kusmierczyk Decision Number: CR428/2017 That the Report of the Special in-camera meeting held July 17, 2017 BE ADOPTED as presented. Carried.

Clerk’s File: ACO2017 12.2 REPORT OF THE STRIKING COMMITTEE of its meeting held June 19, 2017 Moved by: Councillor Holt Seconded by: Councillor Kusmierczyk Decision Number: CR429/2017 That the Report of the Striking Committee meeting held June 19, 2017 BE ADOPTED as presented. Carried.

Report Number: SCM 133/2017 Clerk’s File: ACO2017

13. BY-LAWS (First and Second Reading) Moved by: Councillor Marra Seconded by: Councillor Payne That the following By-laws No. 103-2017 through 114-2017 (inclusive) be introduced and read a first and second time: 103-2017 A BY-LAW TO FURTHER AMEND BY-LAW 9023 BEING A BY-LAW TO REGULATE VEHICULAR PARKING WITHIN THE LIMITS OF THE CITY OF WINDSOR ON MUNICIPAL STREETS, MUNICIPAL PARKING LOTS AND PRIVATE PROPERTIES, authorized by CAO4067, approved June 15, 2017 104-2017A BY-LAW TO FURTHER AMEND BY-LAW 9023 BEING A BY-LAW TO REGULATE VEHICULAR PARKING WITHIN THE LIMITS OF THE CITY OF WINDSOR ON MUNICIPAL STREETS, MUNICIPAL PARKING LOTS AND PRIVATE PROPERTIES, authorized by CAO4065, approved June 14, 2017


105-2017A BY-LAW TO PROVIDE THAT PART-LOT CONTROL SHALL NOT APPLY TO CERTAIN LAND THAT IS WITHIN REGISTERED PLAN 639 IN THE CITY OF WINDSOR, authorized by By-Law 139-2013 adopted August 26, 2013 106-2017A BY-LAW TO PROVIDE THAT PART-LOT CONTROL SHALL NOT APPLY TO CERTAIN LAND THAT IS WITHIN REGISTERED PLANS 856 & 857 IN THE CITY OF WINDSOR, authorized by By-Law 139-2013 adopted August 26, 2013 107-2017A BY-LAW TO PROVIDE THAT PART-LOT CONTROL SHALL NOT APPLY TO CERTAIN LAND THAT IS WITHIN REGISTERED PLAN 997 IN THE CITY OF WINDSOR, authorized by By-Law 139-2013 adopted August 26, 2013 108-2017A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", (See Item 8.17) 109-2017A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", (See Item 8.14) 110-2017A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", authorized by CR16/2017, adopted January 9, 2017 111-2017A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", authorized by CR16/2017, adopted January 9, 2017 112-2017A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE "CITY OF WINDSOR ZONING BY-LAW", (See Item 8.13) 113-2017A BY-LAW TO FURTHER AMEND BY-LAW 9023 BEING A BY-LAW TO REGULATE VEHICULAR PARKING WITHIN THE LIMITS OF THE CITY OF WINDSOR ON MUNICIPAL STREETS, MUNICIPAL PARKING LOTS AND PRIVATE PROPERTIES, authorized by CAO3897 114-2017A BY-LAW TO CONFIRM PROCEEDINGS OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WINDSOR AT ITS MEETING HELD ON THE SEVENTEENTH DAY OF JULY, 2017 Carried. 14. MOVE BACK INTO FORMAL SESSION Moved by: Councillor Borrelli Seconded by: Councillor Bortolin That the Committee of the Whole does now rise and report to Council respecting the business items considered by the Committee:


1) Communication Items (as presented) 2) Consent Agenda (as amended) 3) Items Deferred Items Referred 4) Consideration of the Balance of Business Items (as amended) 5) Committee Reports (as presented) 6) By-laws given first and second readings (as presented) Carried. 15. NOTICES OF MOTION None presented. 16. THIRD AND FINAL READING OF THE BY-LAWS Moved by: Councillor Elliott Seconded by: Councillor Francis That the following By-laws No. 103-2017 through 114-2017 (inclusive), having been read a first and second time be now read a third time and finally passed and that the Acting Mayor and Clerk BE AUTHORIZED to sign and seal the same notwithstanding any contrary provision of the Council. Carried. 17. PETITIONS None presented. 18. QUESTION PERIOD 18.1 CQ23-2017 Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra Decision Number: CR430/2017 That the following Council Question by Councillor Borrelli BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the


form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011: CQ 23-2017: Assigned to City Engineer Asks Administration why the lot at the north end of Conservation Drive adjacent to 2934 Conservation has not been claimed by the City due to many years of neglect and Tax arrears. This lot, also a former retention pond, is an eyesore, a safety hazard and an environmental nuisence to the abutting and nearby residents. Asked, also is why the City is not being a good citizen and has as of yet not acted responsibly by rightly assuming this tax arreared lot. By assuming the lot it would allow for beautification and functional possibilities such as a parkette, a picnic nook or a naturalized area. Carried.

Clerk’s File: APM2017 Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra That the following Council Question by Councillor Borrelli BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011: Asks Administration that in the hope of stimulating and encouraging cycling in Windsor safely and economically it is being asked to identify some of the existing high traffic zones and to allow the adjacent sidewalks as share ways for both pedestrians and cyclists. It is being asked if the process can be initiated by selecting one or more critical areas that are too risky for cyclists as a pilot study. The aim of the study is to improve cycling safety by an amendment to the existing City cycling By-law. The motion is put and is lost. Aye votes: Councillor Borrelli. Nay votes: Councillors Sleiman, Francis, Kusmierczyk, Marra, Holt, Payne, Gignac, Elliott, and Bortolin. 18.2 CQ24-2017 Moved by: Councillor Kusmierczyk Seconded by: Councillor Marra


Decision Number: CR431/2017 That the following Council Question by Councillor Elliott BE APPROVED, and that Administration BE DIRECTED to proceed with the necessary actions to respond to the Council Question in the form of a written report, consistent with Council’s instructions, and in accordance with Section 17.1 of the Procedure By-law 98-2011: CQ 24-2017: Assigned to City Planner Asks Administration with the impending potential closure of the alley going East to West between Vera and Karl and between Bruce and Church, this request is currently in the closure process. Asks administration and planning to report back with potential options for closure of the alley running North to South along Bruce between Vera and Karl and deal with potential rerouting of services or usage if necessary. Please report any and all potential options. Report back along with report dealing with original closure. Carried.

Clerk’s File: SAA2017 21. ADJOURNMENT Moved by: Councillor Payne Seconded by: Councillor Borrelli That this Council meeting stand adjourned until the next regular meeting of Council or at the call of the Mayor. Accordingly, the meeting is adjourned at 9:23 o'clock p.m. Carried. ______________________ _______________________ Acting Mayor City Clerk


Adopted by Council at its meeting held July 17, 2017 (CR428/2017) VC/bm

SPECIAL MEETING OF COUNCIL – IN CAMERA

July 17, 2017 Meeting called to order at: 5:30 p.m.

Councillor F. Francis Councillor J. Elliott Councillor C. Holt Councillor R. Bortolin Councillor B. Marra Councillor J. Gignac Councillor P. Borrelli Councillor H. Payne Councillor E. Sleiman (Acting Mayor) Councillor I. Kusmierczyk

Members Absent:

Mayor D. Dilkens Also in attendance:

O. Colucci, Chief Administrative Officer J. Payne, Community Development and Health Commissioner and

Corporate Leader Social Development, Health, Recreation and Culture M. Winterton, City Engineer and Corporate Leader Environmental Protection and Transportation V. Critchley, City Clerk/Licence Commissioner and Corporate Leader Public

Engagement and Human Resources J. Mancina, Chief Financial Officer/City Treasurer and Corporate Leader

Finance and Technology S. Askin-Hager, City Solicitor and Corporate Leader Economic

Development and Public Safety C. Brown, CEO for YQG and WDTC/Corporate Leader of Transportation Services J. Wilson, Corporate Leader, Parks, Facilities, Recreation and Culture

N. Coleman, Mayor’s Chief of Staff P. Brode, Senior Legal Counsel (Items 1, 2 and 3)

Verbal Motion is presented by Councillor Francis, seconded by Councillor Elliott, to move in Camera for discussion of the following item(s):


Item No.

Subject Section – Pursuant to Municipal Act, 2001, as amended

1. Legal matter – expropriation claim 2 3 9 ( 2 ) ( e )

2. Legal matter – settlement 2 3 9 ( 2 ) ( e )

3. Legal matter – expropriation settlement 2 3 9 ( 2 ) ( e )

Motion Carried. Declarations of Pecuniary Interest: None declared. Discussion on the items of business. (Items 1, 2 and 3) Verbal Motion is presented by Councillor Elliott, seconded by Councillor Francis, to move back into public session. Motion Carried. Moved by Councillor Gignac, seconded by Councillor Francis, THAT the Clerk BE DIRECTED to transmit the recommendation(s) contained in the report(s) discussed at the In-Camera Council Meeting held July 17, 2017 directly to Council for consideration at the next Regular Meeting. 1. That the recommendation contained in the in-camera report from Senior Legal Counsel, City Solicitor and Corporate Leader Economic Development and Public Safety, City Engineer and Corporate Leader Environmental Protection and Transportation and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a legal matter – expropriation claim BE APPROVED.


2. That the recommendation contained in the in-camera report from Senior Legal Counsel, City Solicitor and Corporate Leader Economic Development and Public Safety, City Engineer and Corporate Leader Environmental Protection and Transportation and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a legal matter –settlement BE APPROVED. 3. That the recommendation contained in the in-camera report from the Senior Legal Counsel, City Solicitor and Corporate Leader Economic Development and Public Safety, City Engineer and Corporate Leader Environmental Protection and Transportation and Chief Financial Officer/City Treasurer and Corporate Leader Finance and Technology respecting a legal matter – expropriation settlement BE APPROVED. Motion Carried. Moved by Councillor Bortolin, seconded by Councillor Borrelli, That the special meeting of council held July 17, 2017 BE ADJOURNED. (Time: 5:36 p.m.) Motion Carried.


Adopted by Council at its meeting held June 19, 2017 (CR429/2017) VC/bm

Windsor, Ontario, July 17, 2017

REPORT OF THE STRIKING COMMITTEE of its meeting held

June 19, 2017

PRESENT: Mayor D. Dilkens

Councillor J. Gignac Councillor F. Francis

Councillor B. Marra Councillor H. Payne Councillor E. Sleiman Councillor R. Bortolin

Councillor C. Holt Councillor P. Borrelli Councillor I. Kusmierczyk ABSENT Councillor J. Elliott Also in attendance:

O. Colucci, Chief Administrative Officer J. Payne, Community Development and Health Commissioner and

Corporate Leader Social Development, Health, Recreation and Culture M. Winterton, City Engineer and Corporate Leader Environmental Protection and Transportation V. Critchley, City Clerk/Licence Commissioner and Corporate Leader Public Engagement

and Human Resources J. Mancina, Chief Financial Officer/City Treasurer and Corporate Leader

Finance and Technology S. Askin-Hager, City Solicitor and Corporate Leader Economic

Development and Public Safety C. Brown, CEO for YQG and WDTC/Corporate Leader of Transportation Services J. Wilson, Corporate Leader, Parks, Facilities, Recreation and Culture Declarations of Pecuniary Interest: None declared.


Your Committee submits the following recommendations:

(1) That the resignation of Councillor Holt on the New City Hall Project Steering Committee BE ACCEPTED and that no new appointments be made to the Committee at this time. (2) That the resignation of Manmander Matharu on the Windsor Diversity Committee BE ACCEPTED and that Sarah Mushtaq, currently an alternate on the Committee, BE APPOINTED as a regular voting member to the Committee to fill the vacancy for the term ending November 30, 2018 or until successors are appointed.

CHAIR

CITY CLERK


CR382/2017 - Appendix 1 – Item No. 8.4

AMENDMENTS TO PARKING BY-LAW 9023

ITEM REGULATION SECTION STREET LOCATION DESCRIPTION REASON

1

Schedule “C” No Parking

ADD

Z(1)(a) Zanzibar Crescent

Outside Perimeter

From Ducharme Street to Ducharme Street

Emergency and maintenance

access


CR390/2017 PHED 475 - Appendix A – Item No. 8.12

APPENDIX ‘A’ COMMENTS FROM DEPARTMENTS AND EXTERNAL AGENCIES

BUILDING INSPECTION DIVISION:

Planning and Building Services Department 350 City Hall Square West, 4

th Floor, P.O. Box

1607 Windsor, Ontario N9A 6S1

Tel: 519 255-6267 Fax: 519 255-7170

ORDER TO REPAIR

UNDER THE MAINTENANCE AND OCCUPANCY BY-LAW

147-2011

AS AMENDED BY BY-LAW 213-2011

To:

AMIRACO PROPERTIES INC 470 DUNDAS ST 106 LONDON ON N6B 1 W3

Description: PLAN Ml4 BLK C;2661-2787 SCARSDALE PLAN M14 BLK B;2700- 2798 SCARSDALE Property Address: 9460 - 9590 ESPLANADE DR & 2661- 2798 SCARSDALE.

Roll Number: 070-860-15500-0000 070-860-15400-0000

Violation Number: 16-1227734

Date of Inspection: June 2nd, 2016 WHEREAS Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as amended, authorizes municipalities to enact by-laws prescribing standards for the maintenance and occupancy of all property within the municipality and for prohibiting the occupancy or use of such property that does not conform to the standards; and for requiring any property that does not conform with the standards to be repaired and maintained to conform with the standards as described herein or the site to be cleared of all buildings, structures, debris or refuse and the lands left in a graded and levelled condition; AND WHEREAS the Official Plan for The Corporation of the City of Windsor includes provisions relating to property conditions as required by section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as amended; AND WHEREAS The Corporation of the City of Windsor has passed By-law 147-2011 as amended by by-


law 213-2011, being a By-law to establish Standards for the Maintenance and Occupancy of Property in the City of Windsor; TAKE NOTICE that the property, owned by you, situated at: 9460 -9590 ESPLANADE DR , 2661 -2798 SCARSDALE ESPLANADE DR Does not conform to the standards set forth in By-law Number 147-2011as amended by By-law 213-2011

DESCRIPTION OF PROPERTY: Multiple Building Two Storey Townhomes

The defects listed below are the result of a random sampling inspection of the buildings located at 9460 - 9590 Esplanade Dr. and 2661 - 2798 Scarsdale. Unless specifically noted, the defects and required corrections listed shall be assumed to apply to all properties and will be subject to future inspection for verification of compliance by the Building Department. A Building Condition Assessment report as prepared by Frontier Engineering Inc., dated February 23, 2016 was referenced prior to field review, and preparation of this Order. DEFECT Section 1.4 Every part of a property shall be maintained in a structurally sound condition so as to be capable of sustaining its own weight, the loads due to the use and occupancy, and the loads im posed by natural causes such as wind, rain and snow. CORRECTION The maintenance shed located on this property appears to be i n advanced state of d isrepair. No building permit records exist for this structure. This structure should be removed or a building permit appl ication shall be submitted for required repairs and verification of compliance with zoning, and Ontario Building Code. _______________________________________________________________________________ DEFECT Section 1.6 In every building or structure, the foundations, piers, posts or other similar supports shall be maintained in good repair and structurally sound. Where necessary, foundation walls shall be extended below the frost line, provided with subsoi l drains at the footings, shored, waterproofed, and treated or repaired to prevent moisture penetration or footing settlement. Every foundation wall, basement, cellar or crawlspace shall be mainta ined so as to protect the building against deterioration, including that due to weather, water en try, dry rot, and infestation by rodents, vermin or insects. The perimeter of slab on grade type foundations shall be maintained to prevent rodent i nfestation. CORRECTION All foundation walls with evidence of cracking shall be excavated and suitably sealed to prevent moisture ingress.

DEFECT Section 1.7 All exterior walls shall be maintained in a watertight condition and in good repair so that they remain straight, level and plumbed (unless otherwise designed), presenting an appearance that is uniform and neat in the opinion of the Officer and free from any damaged, defective, unsecured or deteriorated


materials and any conditions that may result in the infestation of rodents, vermin or insects. CORRECTION Install weather-tight, insulated, and weather resistant closures at all air conditioner sleeve wall openings. Repair all masonry walls where cracking or loose materials is evident in the mortar or brick materials. This work is to include but not limited to sills at building entrances and windows. Clean all masonry weepholes. Repair and/ or replace all broken or loose mechanical terminations including but not limited to exhaust outlets. All unprotected wood shall be suitably painted or clad for protection against weather.

DEFECT Section 1 .8 Exterior doors, windows and skylights shall be maintained in good repair and weather tight. Rotted and defective doors, door frames, window frames, sashes and casings shall be renewed and defective door and window hardware, weather stripping, cau lking and broken glass shall be replaced. CORRECTION Repair all basement windows that are not in good repair to a weather-tight condition.

DEFECT Section 1.9 All stairs, porches, landings, loading docks, guards, handrails, balconies, canopies, awnings, fire escapes, rainwater pipes, flashings, and supports for solar panels, air conditioners and all similar equipment shall be maintained in good repair, properly anchored and free from defects and unsafe conditions. CORRECTION Replace all porch stairs and landi ngs found to be i n poor repair. All porch stairs and landings shall be reasonably level and stable.

DEFECT Section 1.24 Premises that create a nuisance shall be buffered from adjoining or nearby private properties or public areas so as to minimize the effect of the nuisance. Without limiting the generality of the foregoing, such buffering shall be acceptable to the Officer, and shall include the provision and maintenance of: (a) an effective system to cover, contain and facilitate the collection and removal of waste materials and debris; and (b) an effective barrier to prevent the entry of unauthorized persons onto construction sites, outdoor storage yards, or any other properties where an unsafe condition may exist. CORRECTION Install refuse enclosures at all locations where refuse is collected for removal.

DEFECT Section I .25


Regarding yard conditions: (a) In yards of multiple dwellings and non-residential properties, sufficient lighting of exterior property areas shall be provided to minimize any danger to persons using walkways; (b) Artificial lighting standards and fixtures shall be kept in a safe condition, in working order and in good visual condition; and. (c) Walkways shall be maintai ned, resurfaced or regraded as necessary to ensure a reasonably smooth, slip free and safe surface for pedestrian traffic. CORRECTION All pedestrian walkways shall be repaired and/or replaced to ensure reasonably smooth surface free of trip hazards.

DEFECT Section 1 .26 Except where part of a storm water management system, all vacant lots and every yard shall be graded and maintained in such a manner as to prevent: (a) water from entering into buildings; (b) surface drainage from adversely affecting adjacent properties; and (c) soil erosion.

CORRECTION All grading adjacent to buildings shall be graded to provide positive drainage away from building foundations.

DEFECT Section 1.30 All parking areas shall be: (a) entirely paved and maintained with a hard surface consisting of concrete, asphalt, paving brick or block or similar material; (b) provided with an internal drainage system satisfactory to the Officer, which discharges into the municipal storm system; (c) provided with curbs or curb stops to minimize the risk of vehicles damaging fences, lamp standards and other structures; (d) lighted in such a way as to deflect away from nearby properties. CORRECTION Repair all loose and cracking pavement materials, and ensure positive drainage to existing drainage structures. Replace all damaged curb stops, and secure all stops in place.

DEFECT Section 1.40 Every property owner, and every occupant in that part of a property that he or she occupies or controls, shall maintain the property free from rodents, vermin, termites, injurious insects and other pests, and from conditions which might encourage infestation by such pests. CORRECTION Fill all gaps under porch structures in a manner to prevent the infestation of


DEFECT Section 3.25 Every dwelling unit shall be equipped with a smoke alarm that shall be: (a) installed on every floor level in conformance with the manufacturers' instructions or recommendations for installation; (b) clearly audible within sleeping areas even though the doors to the sleeping areas may be closed; (c) either wired directly into the electrical system without a disconnect switch, or be battery powered. Sufficient additional replacement batteries shall be maintained nearby at all times as replacements for the smoke alarm, should it be battery powered so that at any given time such smoke alarm may have its battery or batteries replaced as warranted in order to keep it fully operational; and (d) continuously operating, except during periods of unavoidable electrical power interruption or battery replacement, as the case may be. CORRECTION Ensure smoke alarms are installed in every unit in compliance with requirements listed above.

DEFECT Section 3.26 Every dwelling unit that has fuel burning appliances, solid fuel burning appliances, or is attached to a storage garage, shall be equipped with a carbon monoxide detector conforming with current Ontario Building Code Regulations and shall be: (a) installed in conformance with Sentence (3) where a solid fuel-fired combustion appliance exists; (b) installed on or near the ceiling in each room in which there is installed a solid fuel-burning appliance; (c) permanently connected to an electrical circuit, and

i) shall have no disconnect switch between the over-current device and the carbon monoxide detector where practical; ii) be wired so that its activation will activate all carbon monoxide detectors within the suite, where located within a suite of residential occupancy, iii) be equipped with an alarm that is audible within bedrooms when the intervening doors are closed, where located adjacent to a sleeping area, and iv) conform to: (1) CAN/CSA' 6.19, 'Residential Carbon Monoxide Alarming Devices' as amended; (2) US 2034, 'Single and Multiple Station Carbon Monoxide Alarms' as amended. (3) plug-in types of detectors plugged into a duplex receptacle near the floor level are acceptable in locations where there may be a hardship complying with (a) (b) and (c) outlined above.

CORRECTION Ensure carbon monoxide alarms are installed in every unit in compliance with requirements listed above.

**NOTE: ALL PERTINENT PERMITS MUST BE OBTAINED PRIOR TO COMMENCING

WORK ON THIS ORDER TO REPAIR.

YOU ARE HEREBY REQUIRED, by this Order, to do the work required to repair the defects set forth in this


Order and make the said property conform to the standards set forth in the said By-law ON OR BEFORE: May 2, 2017 Dated at Windsor, Ontario, on June 2, 2016 John Revell, MCIP, RPP Chief Building Official

Per: ____________________________________ Karl Muegge Inspector/Property Standards Officer

Building Department

Telephone: 519-255-6267 x6190 e-mail: [email protected]

NOTICE:

1. If the owner or person against whom an Order has been made or their agent wishes to appeal such Order, they must within FOURTEEN (14) DAYS from the service of the Order upon him, file a Notice of Appeal, duly completed, with

the Secretary of the Property Standards Committee. 2. Attached hereto is a Notice of Appeal form. 3. In the event that you do not appeal this Order, the said Order shall be deemed confirmed. 4. A photocopy of this document may be offered in evidence to the Court, should a trial result from a charge, which may be

filed in an enforcement procedure. Copies of these documents may be obtained or examined at Building Department, City Hall, on workdays between 8:30 a.m. and 4:30 p.m.

5. If such repair or clearance is not done within the time specified in this Order, the Corporation may carry out the repair or clearance at the expense of the owner.

6. This Order is pursuant to Section 15.2(2) of the BUILDING CODE ACT, S.O. 1992, c.23, as amended.

WINDSOR POLICE SERVICES:

AMIRACO PROPERTIES INCORPORATED

2661-2798 Esplanade Drive & 9460-9590 Scarsdale Road

Conversion to Condominium Status Application

Results of Safety & Security Inspection

prepared by: Barry Horrobin, M.A., CLEP, CMM-III - Director of Planning & Physical Resources

WINDSOR POLICE SERVICE June 9th, 2016

BACKGROUND

The Windsor Police Service has no objection to the proposed plan of condominium application for this property (file CDM-007/16) to convert the 101 existing two storey townhome dwelling units from rental status to condominium tenure. This support of the application is however subject to the applicant

mailto:[email protected]


adequately addressing and correcting all the various safety and security issues raised in the attached inspection report prior to a rezoning being granted. The inspection is in accordance with sections 11.5.4.2(f) and 11.5.4.2(g) of the official plan dealing with the need to consider rental to condominium conversions based on certain conditions and criteria. Specifically, subsection (f) addresses the need for the applicant to provide adequate onsite parking, vehicular and emergency access and screening of adjacent land uses. Subsection (g) addresses the condition of the development as it relates to the safety and security for residents and the public.

RESULTS OF SITE INSPECTION

The safety and security inspection for the property was carried out in consultation with the onsite property manager on June 3rd, 2016 with the following findings:

1. Vehicular parking is provided via 4 large surface parking lots located throughout the site. In many

cases, the surface asphalt is cracked and uneven, with painted lines faded or not visible to demarcate individual parking spaces. Recommendation: The paving of these lots should be improved to permit safe functioning and re-painted to demarcate spaces. Visitor parking must also be clearly identified with signage.

2. Individual residential units possess all the key required safety features (such as proper dead bolt

locks, solid door frames, locks on windows, etc.) however none of the doors have one-way privacy viewing ports. Recommendation: The front door to each dwelling unit requires a one-way privacy viewing port to allow residents to safety observe who is at their door prior to opening it. This is a key safety feature.

3. The several large refuse dumpsters located throughout the property are open and completely

accessible with no enclosures around them. This makes them more susceptible to nuisance activity such as fires and looting. Recommendation: Each large refuse dumpster should have a proper enclosure installed around it to control access and prevent problems of spillover. This is the City standard for such facilities.

4. During the inspection, a number of shopping carts from nearby grocery stores were observed on the

site. These have been unlawfully removed by tenants. Recommendation: The landlord needs to have a procedure in place for the return of these shopping carts promptly to the rightful owner. This should not be through an arrangement with an unknown third party but rather with the owner.

5. The bushes and trees on the site, particularly against the north and east perimeter fences, are

somewhat overgrown, restricting sight lines and visibility. Recommendation: The shrubs in these areas need to be trimmed back to restore sight lines and overall visibility.

6. There were a few locations where the parking blocks that are situated immediately adjacent to inner

courtyard green/amenity spaces are missing. This creates a very unsafe situation whereby vehicles can then easily trespass into these pedestrian-only spaces. This needs to be addressed and resolved. Recommendation: Some kind of fixed separation barrier that cannot be easily moved or removed must be placed in all situations where a parking area abuts an amenity space. This can come in the form of large planters, bollards, curbing, etc.


7. The address numbers for individual units are small and difficult to identify for emergency service

responders. These need to be enlarged to ensure visibility. Recommendation: Each dwelling unit should have its designated address number placed prominently next to the main entry door, be of a contrasting colour to the background, and be at least 5” high.

8. The old storage building located on the southeast end of the property is a concern given its degraded physical condition. In its current state, the building is not secure and can be easily breached, representing a risk. Recommendation: The onsite property manager indicated this building may be demolished in the near future. If so, the immediate area should be cleaned up to deter loitering and nuisance behaviour. If the building is to remain, it will need to be repaired, perimeter cleaned up, and have better locks installed.

9. The exterior lighting for the site is older and very likely substandard in terms of its coverage and

quality. Many fixtures appear to be antiquated, resulting in light that is not directed effectively. In particular, lighting for the four large parking lots, the interior courtyards and connecting walkways, and lights over each building entrance appear to be below the accepted industry standard for creating a safe and secure environment. As such, a combination of upgraded fixtures, additional lights, and increased wattages is required.

Recommendations:

All parking lots and associated maneuvering aisles need to be properly illuminated to a minimum lighting level of at least 1.75 foot-candles, using full cut off style lighting (to eliminate glare). LED fixtures are highly recommended as they produce a clean, bright, white luminosity that will enhance visibility and witnessing potential, while also being cost effective.

The inner courtyard pedestrian routing system does not appear to be adequately illuminated. Proper full cut off pedestrian lighting needs to be provided that generates an illumination level of at least 2.0 foot-candles.

Most main entry points to buildings appear to have porch lights. Each of these should be programmed to a photo cell or timer to ensure they are regularly activated and generate illumination levels of at least 4.0 foot-candles.

NOTE: The applicant is required to submit a photometric plan prepared by an electrical engineer or qualified illumination technician that clearly demonstrates the corrected illumination levels to be achieved. This plan must be reviewed and approved by the Director of Planning for the Windsor Police Service in consultation with the City’s Landscape Architect prior to any remedial action undertaken.

SUMMARY The current physical condition of the buildings and units located on the subject property is generally good; however there are a number of deficiencies noted in this report which warrant correction prior to approval of the change in status from rental to condominium. These need to be addressed and corrected. Therefore our recommendation would be to grant approval of the application subject to the successful resolution of all the safety and security deficiencies noted in this inspection report. This


would be confirmed in a follow up inspection after the applicant makes all the necessary corrections, with final approval granted following confirmation of the corrections made.

WINDSOR FIRE & RESCUE SERVICES:

WFRS has no concerns regarding the conversion to condos. John Lee l Chief Fire Prevention Officer Windsor Fire & Rescue Services PLANNING – LANDSCAPE ARCHITECT:

Pursuant to the application CDM 007-16 AMIRACO PROPERTIES INC.for a draft plan of Condominium Approval

to permit the conversion of an existing rental apartment building to condominium status at 9460-9590 ESPLANANDE

DR & 2661-2798 SCARSDALE RD, please note the following items to be addressed by the applicant prior to final

approval of the condominium:

A) LIGHTING

Outdoor lighting of the parking and circulation areas is insufficient and substandard. The Corporation’s Landscape

Architect supports the recommendations made by the Windsor Police Services as follows:

1. Provide a total Outdoor Lighting Photometric Plan and Manufacturers’ Product Data Sheets for each light

fixture proposed verifying ‘Full Cut Off’ (night sky Friendly), prepared by a qualified lighting consultant (i.e.

lighting engineer, landscape architect, etc.), in accordance with the City Guidelines found in CR228/2005 Lighting

Intensity Standards Study, for review to the satisfaction of the City’s Landscape Architect in consultation with

Police Services prior to issuance of Approval with the following minimum and maximum illumination levels

measured in foot-candles (Fc):

1.1. uncovered parking areas 0.5 min./4.0 max. (1.2 optimal), 1.2. walkways 0.5 min./2.0 max. (1.2 optimal), 1.3. building entrances 3.5 min./8.0 max. (4.5 optimal), 1.4. loading and garbage storage areas 1.0 min./2.5 max. (1.2 optimal).

2. Provide Full cut-off lighting (per CR 228/2005) requires that lens be parallel to the ground, not tilted. As situated

the existing light fixtures create glare to dwelling units of neighbouring building(s) and passing traffic both

vehicular and pedestrian in nature.

3. Outdoor Lighting Performance Securities will be applied based on the approved Photometric Plan.

B) LANDSCAPING

In general the overall landscaped areas of the site are inadequate and do not comply with the minimum landscape

requirements for row housing (section 4.3) as found in the current Landscape Manual for Development in the City of

Windsor (4th edition).

Recommended:

1. Compliance with the minimum landscape standards found in Appendix ‘A’, below: Section 4.3 of the Landscape

Manual for Development (4th

edition).

2. Provision of a Landscape Plan complete with plant material, surface treatments, site amenities, proposed exterior lighting and all details prepared by a Landscape Architect registered with the OALA for


review to the satisfaction of the City’s Landscape Architect prior to issuance of Approval with following guidelines: 2.1. Provision of a minimum of 1 tree either existing or newly planted per unit, either in the front or rear

yard. 2.2. In order to reduce total loss during a pathogen epidemic as seen with the Emerald Ash Beetle and

Dutch Elm Disease, consider a wider diversity of Genus when selecting species. 2.3. Select plant species capable of withstanding the Windsor/Essex County climatic including cold and

heat hardiness, soil conditions, and any other environmental conditions that may affect the sustainability of a plants health.

2.4. Trees are primarily to provide shade for the users of common areas and vehicles in parking lots. Up to one third of the trees may be evergreen to provide visual relief in the winter months.

2.5. Decorative and screening shrubs for parking lots are to be minimum 50% evergreen to provide visual winter effect.

2.6. Proposed location of any identifier sign(s) situated on the property the right-of-ways are to be located on the landscape plan and landscaped with foundation plantings of deciduous and evergreen plant material that will not obscure the sign or create pedestrian/automobile conflicts.

2.7. Coordination of trees and light poles/ signs to reduce conflict.

3. Provision of a detailed Arborist’s Report, showing the location of all existing trees on the property with a trunk diameter of at least 250 mm and indicating their size, species, and an evaluation of tree health, prepared by any one of the following professionals: Arborist (ISA certified) or Registered Professional Forester (RPF) to the satisfaction of the Manager of Forestry and Natural Areas and the City’s Landscape Architect.

4. Possible additional landscape requirements pending results of the Arborist’s Report.

5. Landscape Performance and Maintenance Securities will be applied based on the Aborist’s Report and

Approved Landscape Plan.

C) SITE AMENITIES

There are no site amenities on the property. There appears to be potential common areas in the southern end of the site

for amenities such as benches, shelter, patio, playground, etc. between units 66-73 and 92-98 as well between units 37

and 46, but none in the northern half of the site.

Recommended:

6. There are no recommendations for site amenities outside of any required Parkland Conveyance listed below, which

may be considered by the Parks Department for future acquisition of parkland within the area or to improve

amenities at Bush Park on the south side of Esplanade Drive.

D) PARKLAND CONVEYANCE

Fulfillment of General Provision Parkland Conveyance , if applicable, as per the Planning Act Section 42 (1) at a rate of 2% for Commercial and Industrial uses and 5% for all other uses. As per the Planning Act Section 42 (6), Payment in the form of cash-in-lieu may be acceptable where land is not required by the City for parks or other recreational purposes (i.e. public greenspace, bikeways, trails, streetscape development etc.) to be determined at the time of issuance of a permit by the Building Department.

Appendix ‘A’ to Comments:

Section 4.3 of the Landscape Manual for Development (4th edition)


4.3 ROW HOUSING

Context: This manual section contains specific City of Windsor landscaping requirements for row housing and townhouse development. Other sections of the manual contain other landscaping and administrative requirements which also apply.

Required:

1. Provide landscaped open space as per the Zoning By-law, i.e. at least 50 percent of the site area with at least one-half of the required landscaped open space at ground level. Provide dedicated parkland in the maximum amount the City is entitled under the Planning Act and the Official Plan and Zoning By-laws. Cash in lieu of the equivalent value may be requested where the parkland would be too small or where there is already adequate existing parkland.

2. Provide any landscape buffers as per Zoning By-law requirements and your servicing agreement.

3. Provide a minimum average of two 70 mm (2 in.) min. caliper deciduous trees (or 1.8 m evergreens), or one tree and six 40 mm min. shrubs per dwelling unit on site, planted to achieve a balance between trees and shrubs, deciduous trees for summer shade and evergreens for winter windbreaks and visual effect.

4. Play equipment meeting CSA (Canadian Standards Association) appropriate to the size and scale of the development will be required by the City to complement local public facilities. If under the jurisdiction of C.M.H.C., (Central Mortgage and Housing Corporation) or O.H.C. (Ontario Housing Corporation), consult them for their detailed requirements on the design or construction of the play areas.

5. For projects containing more than 3 units, retain a landscape architect to prepare your site and landscape plans.

Recommended:

1. Retain a landscape architect to prepare your site and landscape plans for projects less than 4 units. Depending on circumstances, this may be required regardless of the number of units in the project.

2. Provide any additional bicycle racks necessary over and above zoning by-law requirements to fully meet demand.

3. Provide both hard and soft surface areas for recreation (e.g. hard surfaces for tricycles, patios, pathways, jogging, etc.)

4. Landscaping features should be arranged to help provide privacy, particularly in the case of habitable rooms on ground floors. Arrange private outdoor spaces so that residents can take advantage of the sun for at least part of the day and also provide shaded areas. Consider the impacts on the privacy of residents in adjacent residential development.

Stefan Fediuk Landscape Architect, OALA, CSLA PWD – ENGINEERING - DEVELOPMENT, PROJECTS & RIGHT-Of-WAY:


We have reviewed the servicing requirements of the subject lands pertinent to the rezoning amendment application.

The applicant is requesting approval of a Plan of Condominium conversion of 101 two-storey townhome dwelling units

from rental to condominium tenure. There are 55 townhomes located at 2661-2798 Scarsdale Road and 46 townhomes

located at 9460-9590 Esplanade Drive.

Sewers

The subject sites may be serviced by a 1350mm diameter concrete pipe storm sewer located in an easement running

through both properties and a 250mm asbestos cement sanitary sewer, located in the west boulevard of Scarsdale Road.

Right-of-Way

The City of Windsor Official Plan classifies Scarsdale Road as a Local Road requiring a right-of-way width of 20.1m.

The current right-of-way width on Scarsdale Road is 24.4m; therefore land conveyance is not required. Esplanade

Drive is classified as a Class II Collector Road requiring a right-of-way width of 21.9m. The current right-of-way

width is

21.9m; therefore, land conveyance is not required.

A gratuitous land conveyance for a 4.6m x 4.6m corner cut off at the intersection of Scarsdale Road and Esplanade

Drive on the northwest and northeast corners are required, as per the official plan. City Standard requires a concrete

approach without raised curbs therefore the existing asphalt approaches will need to be replaced.

In summary, we have no objections to the Plan of Condominium application, subject to the following requirements:

Street Opening Permits - The owner agrees to obtain street opening permits for sewer taps, drain taps, flatworks,

landscaping, curb cuts and driveway approaches from the City Engineer prior to commencement of any construction on

the public highway.

Corner Cut-off -The owner shall gratuitously convey to the Corporation, land sufficient to create a 4.6m x 4.6m corner

cut off at the northwest and northeast corners of the Scarsdale Road/Esplanade Drive intersection.

Driveway Approaches -The Owner further agrees:

a) To construct driveway approaches in such width and location as approved by the city Engineer.

b) To provide straight flare driveway approaches and to terminate the raised curbs at the property line, to

the satisfaction of the City Engineer.

c) Unless otherwise noted, to construct all non-residential driveway approaches of concrete in

accordance with City of Windsor Standard Drawing AS-204.

Adam Pillon,

Right-of-Way Supervisor

PWD - TRANSPORTATION PLANNING:

The above noted application is for approval of a plan of condominium to permit the conversion of 101 two-storey

townhome dwelling units, from rental to condominium tenure. There are a total of 132 (75 on the eastern property and


57 on the western property) parking spaces available on the site. The property is designated Residential and it is zoned

RD3.1.

After review of the subject lands, Transportation Planning has the following comments:

Scarsdale Road is a municipal roadway classified as a Local road and requires a 20 metre right-

of-way. The existing right-of-way width is 24.4 metres; therefore a conveyance for right-of-way widening is not required.

Esplanade Drive is a municipal roadway classified as a Class II Collector road which requires a

right-of-way width of 21.9 metres, as per Schedule X of the Official Plan. The current right-of- way width is 21.9 metres; therefore, a land conveyance is not required.

The minimum required accessible parking spaces should be provided on the subject property.

The minimum required bicycle parking spaces should be provided on the subject property.

A curb cut shall be provided in front of all the entrances of each building for accessibility

purposes; it should be shown on the site plan and shall comply with Standard drawings AS- 403 and AS-404.

All exterior pedestrian walkways shall have a clear width of at least 1.5 m, in accordance with

AODA requirements for exterior paths of travel. The proposed change from apartment to condominium tenure will not have a negative impact on the transportation

system. PWD - ENVIRONMENTAL SERVICES:

With respect to the above noted application for condominium status, there are no issues for collection assuming the location of the bin remains the same. They need to ensure the specs of the enclosure will allow us enough room to collect. The doors are required to be open for us to collect as well. I would ask that the applicant be advised that as a condominium they will be entitled to once a week collection from the City. If further collections are needed there is a fee.

Anne-Marie Albidone, Manager, Environmental Services DIVERSITY and ACCESSIBILITY OFFICER:

In addition to complying with any necessary legislation and regulations made thereunder including but not limited to the Ontario Building Code, the Highway Traffic Act , and the AODA my conditions are as follows: Accessible Parking and Access aisles Four per cent of the total number of parking spaces for the use of persons with disabilities, where there are between 13 and 100 parking spaces in accordance with the following ratio, rounding up to the nearest whole number:

i. Where an even number of parking spaces for the use of persons with disabilities are provided in accordance

with the requirements of this paragraph, an equal number of parking spaces that meet the requirements of a

Type A parking space and a Type B parking space must be provided.


ii. Where an odd number of parking spaces for the use of persons with disabilities are provided in accordance

with the requirements of this paragraph, the number of parking spaces must be divided equally between

parking spaces that meet the requirements of a Type A parking space and a Type B parking space, but the

additional parking space, the odd-numbered space, may be a Type B parking space.

Type A, parking space which has a minimum width of 4.6 m and signage that identifies the space as “van accessible”. Type B, a standard parking space which has a minimum width of 4.6 m. --With access aisles that meet the specifications as set out in the Integrated Accessibility Standards under the AODA. Any Conditions tied to these comments should be to the approval of the Chief Building Official and the Diversity and Accessibility Officer. Gayle M. Jones, Diversity and Accessibility Officer TAXATION:

Finance / Assessment Division has no objection to this proposal. In the scenario presented, the entire property would be taxed at the Residential Tax Rate. IF...The values remained the same, the Tax loss could be...

2016 Assessment of $1,822,000 @ Multi-Res Tax Rate (0.04152812) = $75,664.00 (without

penalty/interest charges etc.)

2016 Assessment of $1,822,000 @ Residential Tax Rate ( 0.01634756) = $29,785.00 (without

penalty/interest charges etc.)

This would be the worst case scenario with a Tax Loss of... $45,879.00

The tax reduction implication takes effect on the date of registration and would therefore be pro-rated accordingly. The financial impact would result from the differential - pro-rated between the time the facility remained at Multi-Residential Tax Rate, to the time it converted to Residential Tax Rate. The later this date is within the calendar year, the less financial impact it has. The potential implications of the approval of this condominium conversion on the City of Windsor tax revenues, has been provided by the Taxation & Financial Projects Department and are summarized as follows:

2015 Multi-Residential Tax Rate = (municipal portion only)

0.04152812

2015 Residential Tax Rate =

(municipal portion only)

0.01634756


Location

No of

Units

2016 Multi-

Res. Assessment

prior to conversion

CVA Tax @ Multi-

residential Rate*

Assessment

per unit after

conversion

CVA

Taxes/unit @

Residential rate*

Total CVA Taxes @

Residential rate*

2016

Annualized Tax loss*

9460-9590 Espanade; 2661-2798 Scarsdale 101 $1,822,000 $75,664 $18,040 $295 $29,785 - $45,879

* Values Rounded up All questions relating to the tax revenue implications should be addressed to the Taxation & Financial Projects Department. Roger E. Lauzière, A.I.M.A. Manager of Property Assessment Transit Windsor, Union Gas, Windsor Utilities (Water) and ENWIN Powerlines have not responded or have indicated they have no concerns or objection to the proposal.


CR390/2017 PHED 475 - Map CDM-007/16-1 – Item No. 8.12

APPENDIX ‘D’ – Plan of Condominium


CR391/2017 PHED 476 - Map SDN-002/16-1 – Item No. 8.13


CR391/2017 PHED 476 - Appendix D – Item No. 8.13

APPENDIX ‘D’ – Draft By-law

B Y - L A W N U M B E R -2017

A BY-LAW TO FURTHER AMEND BY-LAW NUMBER 8600 CITED AS THE

"CITY OF WINDSOR ZONING BY-LAW"

Passed the day of , 2017.

WHEREAS it is deemed expedient to further amend By-law Number 8600 of the Council of The

Corporation of the City of Windsor, cited as the "City of Windsor Zoning By-law" passed the 31st day of March, 1986, as heretofore amended:

THEREFORE the Council of The Corporation of the City of Windsor enacts as follows:

1. By-law Number 8600 is further amended by changing the District Maps or parts thereof referred to in

Section 3, of the by-law and made part thereof, so that the zoning district symbol of the lands described in

Column 3 shall be changed from that shown in Column 5 to that shown in Column 6:

1. 2. 3. 4. 5. 6. Item

Number Zoning District

Map Part

Lands Affected Official Plan Amendment

Number

Zoning Symbol

New Zoning Symbol

1 13

Part of Lot 13, Concession 6, City of Windsor, Parts 9 to 18, inclusive, 12R-20103, north of Holburn Road between Sixth Concession Road and Ducharme Street

N/A CD1.3, HRD3.1

HRD1.2

2. That the hold provisions be removed when the following provisions are met:

a) The Owner(s) apply to remove the hold provision; and

b) Registration of a Final Plan of Subdivision.

c) The holding provision for Lot 32 (temporary emergency access), shall not be removed until such time

as a road connection has been made from the lands to the north, to Cosenza Street in the subject lands;

and


d) The holding provision for Lot 54 (temporary pumping station), shall not be removed until such time as

the pumping station has been decommissioned and the City has released all easements needed for the

operation of the pumping station to the Owner(s).

3. That subsection 1 of Section 20, of said by-law, is amended by deleting and replacing the following

paragraph:

“118 For the lands comprising of Part of Lot 13, Concession 6, City of Windsor, Parts 9 to 18, inclusive, 12R-20103, north of Holburn Road between Sixth Concession Road and Ducharme Street, the minimum front yard depth shall be 4.5 metres AND no exterior wall of an attached garage shall project greater than 1.2 metres beyond the front and side walls of the dwelling unit.

[ZDM 13; ZNG/4965]”

4. The said by-law is further amended by changing the District Maps or parts thereof referred to in

Section 3, of said by-law and made part thereof, so that the lands described in Column 3 are delineated by a broken line and further identified by the zoning symbol shown in Column 5:

1. 2. 3. 4. 5. Item

Number Zoning District

Map Part

Lands Affected Official Plan Amendment

Number

Zoning Symbol

1 13 Part of Lot 13, Concession 6, City of

Windsor, Parts 9 to 18, inclusive, 12R-20103, north of Holburn Road between Sixth Concession Road and Ducharme Street

N/A S.20(1)118

DREW DILKENS, MAYOR

CLERK

First Reading - , 2017

Second Reading - , 2017

Third Reading - , 2017


CR397/2017 PHED 482 - Appendix A – Item No. 8.19

APPENDIX “A” Drawing No. CC-1707 SAA 4981


CR399/2017 PHED 484 – location map - Item No. 8.21



CR408/2017 SDHC 482 - Appendix A – Item No. 8.30

SG

Windsor, Ontario, June 7, 2017

REPORT NO. 101 of the

BOARD OF DIRECTORS, WILLISTEAD MANOR INC.

of its meeting held April 13, 2017

Present: D. Sanborn - Chair A. Abu-Zahra M J. Dettinger J. Douglas-Willms R. Easterbrook C. Gaudette R. Gauthier C. Holt D. Langstone K. Renaud

Your Board submits the following recommendations:

Moved by M J Dettinger, seconded by R. Easterbrook, That the Annual Report and Financial Statements on the affairs and operations of Willistead Manor Inc. for the year 2016, attached as Appendix A, BE ACCEPTED as presented.

Carried.

Moved by R. Easterbrook, seconded by D. Langstone That upon acceptance of the 2016 Annual Report by City Council, copies BE FORWARDED to a list of appropriate parties as approved by the Board. Carried. Moved by R. Gauthier, seconded by M.J. Dettinger, That in accordance with Sections 6 (c) of the City of Windsor Act, 1981, an amount of $ 2,258.50 BE PAID OVER to the City of Windsor Willistead Capital Restoration Reserve Fund. Carried.

__________________________________


Chair

__________________________________

Executive Secretary

NOTIFY:

Name Address City/Prov/Pstcd Telephone FAX

Willistead Manor Board of Directors


CR420/2017 EC 301 - Appendix A – Item No. 8.42


CR421/2017 EC 302 - Appendix A – Item No. 8.43



CR422/2017 EC 303 – Appendix B – Item No. 8.44
























CR425/2017 EC 306 – Appendix A - Item No. 8.47

REVISED March 1, 2017

City and School Boards Liaison Committee - Terms of Reference and Mandate Introduction / Preface The City and School Board Liaison Committee are partners in serving a shared constituency. Mandate Review: The Terms of Reference will be reviewed on an annual basis. The mandate of the City and School Boards Liaison Committee is:

To provide advice to City Council on the best ways to effectively share information and plan collaboratively to provide opportunities for the City of Windsor and School Boards serving Windsor.

Foster coordination of the City and School Boards’ roles in developing a “made in Windsor” solution to address the local needs.

Composition / Membership 1. The Committee is composed of elected representatives from the City and the School Boards.

2. The Committee will be composed of up to ten (10) members:

Two (2) Members of City Council (one as Chair),;

Two (2) Trustee appointed by the WECDSB

Two (2) Trustee appointed by the GECDSB

Two (2) Trustee appointed by the CSC Providence

Two (2) Trustee appointed by the Conseil scolaire Viamonde

3. The Members of City Council, including the Chair, will be appointed by the City on the recommendation of the Striking Committee.

4. School Trustees (or their designate) will be appointed by their respective School Boards according to their own by-laws.

Duties and Responsibilities The City and School Boards Liaison Committee is a Council Advisory Body. It may not direct City staff or make binding decisions on the City of Windsor or School Boards. Any advice or recommendations that require formal action or implementation by City of Windsor staff must be considered and approved by City Council.


Appointment and Term City Councillors are appointed for the term of Council. School Board Trustees, or designates, are appointed as per their respective by-laws. Agenda and Minutes The call for agenda items will occur one week prior to the meeting. Minutes will be prepared and distributed by the Council Secretariat. Rules of Order / Operations of the Committee 1. Meetings will be conducted in accordance with Bourinot’s Rules of Order and the City of Windsor’s Procedural

By-Law 98-2011.

2. The City Clerk’s Office will provide meeting management support to the Committee.

Reporting Structure / Frequency of Meetings The Committee will provide its advice to City Council through the Executive Committee and annually report to the Executive Committee on its progress including key achievements, challenges and activities. The Committee will meet a minimum of two times per year and any additional meetings can be called at the discretion of the Chair. Resources to the Committee Resources will consist of the appropriate administration from both the City and School Boards. Remuneration City and School Boards Liaison Committee members receive no compensation for their service on the City’s Advisory Committees. Quorum The Quorum of the City and School Boards Liaison Committee is a simple majority of the members of the committee.

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