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Council
MINUTES
6TH MEETING
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March 5, 2013
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The Council meets in Regular Session in the
Council Chambers this day at 4:02 PM.
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PRESENT: Mayor J.F. Fontana, B. Polhill,
W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown,
P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P.
Bryant, S.E. White and C. Saunders (City Clerk).
ALSO PRESENT: A. Zuidema, S. Axford, J.P.
Barber, J. Braam, B. Coxhead, K. Dawtrey, J. Fleming, E. Gamble, G.T.
Hopcroft, G. Kotsifas, L. Livingstone, V. McAlea Major, J. Page, R. Sharpe,
M. Turner, B. Warner and B. Westlake-Power.
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At the beginning of the Meeting all Members
are present.
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Councillor N. Branscombe discloses a
pecuniary interest in clause 3 of the 7th Report of the Strategic Priorities
and Policy Committee, having to do with an appointment to the Greater London
International Airport Authority Board of Directors, by indicating that the
nominee for the appointment is her spouse.
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Councillor M. Brown discloses a pecuniary
interest in clause 2 of the 7th Report of the Strategic Priorities and Policy
Committee, having to do with appointments to the City of London and Thames
Valley District School Board Liaison Committee, by indicating that the Thames
Valley District School Board is his employer. Councillor M. Brown further
discloses a pecuniary interest in clause 5 of the 7th Report of the Strategic
Priorities and Policy Committee, having to do with communications related to
funding and repurposing of the Sherwood Forest Public School, by indicating
that Sherwood Forest Public School is part of the Thames Valley District
School Board system and that the Thames Valley District School Board is his
employer. Councillor M. Brown also discloses a pecuniary interest in clause
12 of the 5th Report of the Planning and Environment Committing, having to do
with the application by Banman Developments (West) Inc., relating to the
property located at 2095 Coronation Drive, by indicating that he owns property
in close proximity to the subject property.
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Councillor P. Hubert discloses a pecuniary
interest in clause 7 of the 5th Report of the Community and Protective
Services Committee, having to do with the Ontario Works caseload report, by
indicating that he is the Executive Director of a social services agency that
has a Purchase of Service Agreement with Ontario Works. Councillor P. Hubert
further discloses a pecuniary interest in clause 10 of the 5th Report of the
Community and Protective Services Committee, and related Bill No. 111, having
to do with a Purchase of Services Agreement for Ontario Works Employment
Assistance Services, by indicating that he is the Executive Director of a
social services agency that has a Purchase of Service Agreement with Ontario
Works.
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Councillor J.B. Swan discloses a pecuniary
interest in clause 3 of the 3rd Report of the Investment and Economic
Prosperity Committee, having to do with the Investment and Economic
Prosperity proposal assessment process, specifically as it relates to the
proposal for a Performing Arts Centre, by indicating that his employer,
Orchestra London, is involved in this proposal.
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Councillor D. Brown discloses a pecuniary
interest in clause 16 of the 5th Report of the Civic Works Committee, having
to do with the rental of general equipment with operators, by indicating that
her son-in-law is employed by one of the approved companies.
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None.
MOTION FOR IN CAMERA SESSION
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Motion made by Councillor M. Brown and
seconded by Councillor P. Hubert to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
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i)
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A matter pertaining
to labour relations and employee negotiations in regard to one of the
Corporation’s associations or unions and litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
and for the purpose of providing instructions and directions to officers and
employees of the Corporation. (CSC)
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j)
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A matter pertaining
to personal matters, including information regarding identifiable individuals,
including municipal employees, with respect to employment related matters,
matters pertaining to litigation or potential litigation, advice or
recommendations of officers and employees of the Corporation including
communications necessary for that purpose.
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k)
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A matter being
considered pertaining to advice that is subject to solicitor-client privilege,
including communications necessary for that purpose; instructions
and directions to officers and employees of the Corporation pertaining to a
proposed acquisition and disposition of lands in the vicinity of South
Street; advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; reports or advice or
recommendations of officers and employees of the Corporation pertaining to a
proposed acquisition and disposition of land; commercial and financial
information supplied in confidence pertaining to the proposed acquisition and
disposition the disclosure of which could reasonably be expected to,
prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of the Corporation, result in
similar information no longer being supplied to the Corporation where it is
in the public interest that similar information continue to be so supplied,
and result in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition and disposition that belongs to the Corporation that has monetary
value or potential monetary value; information concerning the proposed
acquisition and disposition whose disclosure could reasonably be expected to
prejudice the economic interests of the Corporation or its competitive
position; information concerning the proposed acquisition and disposition
whose disclosure could reasonably be expected to be injurious to the
financial interests of the Corporation; and instructions to be applied to any
negotiations carried on or to be carried on by or on behalf of the Corporation
concerning the proposed acquisition and disposition, in connection with
the application by Fincore Group, relating to the properties located at 56-82
Wellington Street, 283-323 South Street and 69-77 Waterloo Street.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
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The Council rises and goes into Committee
of the Whole, in camera, at 4:09 PM, with Mayor J.F. Fontana in the Chair and
all Members present.
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The Committee of the Whole rises and
Council resumes in regular session at 4:27 PM, with all Members present.
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the Minutes of the Fourth
Meeting held on February 12, 2013.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve referral of the following
communications for consideration with the clauses noted:
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
None.
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve that pursuant to section 7.4 of the
Council Procedure By-law, the order of business be changed to permit
consideration of clause 2 of the 4th Report of the Planning and Environment
Committee, having to do with a Zoning By-law Amendment application relating to
the property located at 527 Wellington Road, to be heard at 5:15 PM.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Councillor B. Polhill
presents
Motion made by Councillor B. Polhill to
Approve clauses 1 to11, inclusive and clause 14.
Councillor M. Brown disclosed a pecuniary
interest in clause 12 of this Report, having to do with the application by
Banman Developments (West) Inc., relating to the property located at 2095
Coronation Drive, by indicating that he owns property in close proximity to
the subject property; it being noted that Councillor M. Brown is not a member
of the Planning and Environment Committee.
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That the 2nd Report of the Advisory
Committee on the Environment from its meeting held on February 6, 2013 BE
RECEIVED.
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That, on the recommendation of the Senior
Planner, Development Services, based on the application by Rembrandt
Developments (Fanshawe) Inc., relating to the properties located at 1010 and
1068 Fanshawe Park Road East, the attached proposed by-law BE
INTRODUCED at the Municipal Council meeting to be held on March 5, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the zoning of the subject lands FROM a Holding Residential
R5/Residential R6 (h*R5-3/R6-5) Zone and a Holding Residential R5/Residential
R6 (h*h-18*R5-3/R6-5) Zone TO a Residential R5/Residential R6 (R5-3/R6-5)
Zone to remove the holding provision. (2013-D14A)
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That, on the recommendation of the Senior
Planner, Development Services, based on the application by Rise Real Estate
Inc., relating to the properties located at 1235-1253 Richmond Street, the attached
proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on
March 5, 2013, to amend Zoning By-law No. Z.-1, (in conformity with the
Official Plan), to change the zoning of the subject lands FROM a Holding
Residential R9 Bonus (h-5*h-129*R9-7*H45*B-14) Zone for the properties
located at 1235-1247 Richmond Street, and a Holding Residential R9 Bonus
(h-5*h-129*R9-7*H50*B-14) Zone for the property located at 1253 Richmond
Street TO a Residential R9 Bonus (R9-7*H45*B-14) Zone and a Residential R9
Bonus (R9-7*H50*B-14) Zone to remove the holding provisions. (2013-D14A)
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That the following actions be taken with
respect to the 3rd Report of the London Advisory Committee on Heritage (LACH)
from its meeting held on February 13, 2013:
a)
clause
1 of the 3rd Report of the London Advisory Committee on Heritage BE REFERRED
to Agenda item 9 of the February 26, 2013 Planning and Environment Committee
relating to the property located at 1460 Commissioners Road West;
b) clause
1 of the 3rd Report of the London Advisory Committee on Heritage BE AMENDED
to remove the words “it being noted that the owners of the subject property
have concurred with this recommendation, with the understanding that the land
to be included in the designation will be as shown on the assessment roll;”
Clause
1, as amended, reads as follows:
“That
notice of the Municipal Council's intention to designate the property located
at 1460 Commissioners Road West to be of cultural heritage value or interest BE
GIVEN, for the attached reasons, under the provisions of
subsection 29(3) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; it
being noted that in the event of future redevelopment of this site, the
building be retained and the development be sympathetic to the original
building.”;
c) clause
2 of the 3rd Report of the London Advisory Committee on Heritage BE REFERRED
to Agenda item 7 of the February 26, 2013 Planning and Environment Committee
relating to the property located at 229 Greenwood Avenue:
Clause
2 reads as follows:
“That
the Heritage Planner BE ADVISED that the London Advisory Committee on
Heritage does not wish to designate the property located at 229 Greenwood
Avenue.”;
d) on the
recommendation of the Managing Director, Planning and City Planner, with the
advice of the Heritage Planner, the Heritage Alteration Permit application
for St. Paul’s Cathedral requesting permission for changes to the designated
heritage property located at 472 Richmond Street BE APPROVED based on
the conceptual drawings submitted as part of the Civic Administration’s
Report on the February 13, 2013 London Advisory Committee on Heritage Agenda;
it being noted that the Heritage Planner has reviewed the proposed changes
and has advised that the impact of such alteration on the heritage features
of the property identified in the reasons for designation is negligible;
e) on the
recommendation of the Managing Director, Planning and City Planner, with the
advice of the Heritage Planner, the Heritage Alteration Permit application of
B. Porter requesting permission for an alteration to the designated heritage
property located at 50 Byron Avenue BE APPROVED; it being noted that the
Heritage Planner has reviewed the proposed changes and has advised that the
impact of such alterations on the heritage features of the property
identified in the reasons for designation is negligible;
f) the notice of the
Municipal Council's intention to designate the property located at 3378
Homewood Lane to be of cultural heritage value or interest BE GIVEN, for the attached
reasons, under the provisions of subsection 29(3) of the Ontario Heritage
Act, R.S.O. 1990, c. O.18; it being noted that the owners of the subject
property have concurred with this recommendation, with the understanding that
the land to be included in the designation will be as shown on the assessment
roll; and,
g) clauses
6 to 20, inclusive, of the 3rd Report of the LACH, BE RECEIVED
AND NOTED;
it being noted that
the Planning and Environment Committee heard a verbal presentation from G.
Goodlet, Chair, LACH, with respect to these matters.
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6.
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Properties located
at 2115, 2119 and 2121 Aldersbrook Road (Z-8125)
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That, on the recommendation of the Managing
Director, Planning and City Planner, based on the application of Union
Development and Trading Company Inc., relating to the properties located at
2115, 2119 and 2121 Aldersbrook Road, the attached proposed
by-law BE INTRODUCED at the Municipal Council meeting to be held on March 5,
2013, to amend Zoning By-law No. Z.-1, (in conformity with the Official
Plan), to change the zoning of the subject property FROM a Highway Service
Commercial (HS2) Zone, which permits automobile repair garages, taxi
establishments, animal hospitals, automotive uses, restricted, convenience
service establishments, convenience stores, duplicating shops, financial institutions,
personal service establishments, restaurants, video rental establishments,
brewing on premises establishment TO a Neighbourhood Shopping Area Special
Provision (NSA1( )) Zone, to permit bake shops, catalogue stores, clinics,
convenience service establishments, day care centres, duplicating shops,
financial institutions, food stores, libraries, medical/dental offices,
offices, personal service establishments, restaurants, retail stores, service
and repair establishments, studios, video rental establishments, brewing on
premises establishment with a special provision to retain existing automotive
uses, existing automotive repair garages and add a pharmacy with a total
maximum gross floor area of 1,800 m2;
it being pointed out that there were no oral
submissions made at the public participation meeting associated with this
matter. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Heritage Planner,
the following actions be taken with respect to the property located at 229
Greenwood Avenue:
a)
the
Managing Director, Development and Compliance Services & Chief Building
Official BE ADVISED that the Municipal Council does not object to the
request for demolition of the Priority 3 listed property located at 229
Greenwood Avenue; and,
b)
the
Managing Director, Development and Compliance Services & Chief Building
Official BE ADVISED that the Municipal Council does not wish to issue
a notice of Intent to Designate this property under Section 29(3) of the Ontario
Heritage Act;
it being noted that the London Advisory
Committee on Heritage has been consulted on this request for demolition;
it
being pointed out that there were no oral submissions made at the public
participation meeting associated with this matter. (2013-P10D/R01)
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That, on the recommendation of the Managing
Director, Development and Compliance Services & Chief Building Official,
the following actions be taken with respect to the site plan approval
application of Westfield Village Estates Inc., relating to the property
located at 3047 Tillmann Road:
a)
the
Approval Authority BE ADVISED that, at the public participation meeting of
the Planning and Environment Committee held with respect to this matter, the
following issues were raised:
i)
the
increased traffic on Tillmann Road;
ii)
the
affect that the restaurants may have on the siding of the adjacent
properties;
iii)
if
the variance is approved, the development will be 0.3 metres from the road;
noting that the property next door will be built six metres from the road;
further noting that there will be an eight foot fence between the properties;
iv)
the
fence for the restaurant is adjacent to a residential property and will cause
a blind corner for the residents;
v)
the
potential for accidents in front of the property located at 3047 Tillmann
Road; and,
vi)
the
loss of privacy and sunlight in backyards adjacent to the proposed three
storey building; and,
b) the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached Site Plan application for a one storey
544 m2 commercial building with four commercial spaces and a one
storey office building with 836 m2 of gross floor area; and,
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Ali
Soufan, York Developments, applicant – see attached
communication.
·
Mohammad
Bhatti, 3467 McLauchlan Crescent – see attached
communication.
·
David
Ross, 6677 Navin Crescent – advising that the issue of garbage disposal was
discussed at the Committee of Adjustment meeting; indicating that he is
pleased with the new Molok garbage system that is being proposed; and
enquiring if the garbage will be moved to the west side of the building
rather than the southwest side. (2013-D11)
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That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Heritage Planner,
the Managing Director, Development and Compliance Services & Chief
Building Official BE ADVISED that the Municipal Council intends to
issue a Notice of its intent to designate the building located at 1460
Commissioners Road West under Section 29(3) of the Ontario Heritage Act
for the attached Reasons:
it being noted that the London Advisory
Committee on Heritage has been consulted on this request;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Michelle
Doornbosch, Zelinka Priamo Ltd., on behalf of the applicant – advising that
the owner owns three connecting properties on Commissioners Road West;
indicating that they have explored various options for the development of the
properties; expressing concern with the information provided in the Civic
Administration’s report; indicating that the primary reason for designation
is the cross-gable roof; advising that the Montessori School, two properties
over has the same style of roof; indicating that the applicant will withdraw
the demolition application, on the understanding that there be further
discussion with the Civic Administration; advising that the lands are
designated Low Density Residential; indicating that the applicant is
proposing to build a three storey multi-unit building with a density of 75
units per hectare; and indicating that the development agreement states that
if the land is to be developed, it is to be accessed by the Montessori School
property.
·
Guy
Beliveau, #2 – 1443 Commissioners Road West – enquiring as to whether or not
the photograph shown is of the Montessori School; indicating that the letter
that the residents received was vague and that is why there are only four
people in attendance; indicating that the homes at 1443 are one-floor
condominiums; expressing concern with the proposed high rise; and advising
that, due to the volume of traffic, they have difficulty exiting their
driveway. (2013-P10D/R01)
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That, on the recommendation of the Senior
Planner, Development Planning, based on the City initiated application
relating to the properties located at 200 and 275 Calloway Road and 180 and
200 Village Walk Boulevard, the attached proposed by-law BE
INTRODUCED at the Municipal Council meeting to be held on March 5, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the text of R6 Special Provision Zones (R6-5(23), R6-5(24), and
R6-5(26)) Zones, by DELETING the minimum/maximum density of 35 units per
hectare and REPLACING it with a minimum density of 30 units per hectare (12
units per acre) and a maximum density of 75 units per hectare (30 units per
acre) and DELETING the maximum height of 12 metres and REPLACING it with a
maximum building height of 15 metres (49.2 feet);
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Ron
Koudys, 368 Oxford Street East, on behalf of Barvest Investments – indicating
that he is looking forward to receiving more information on this matter.
·
Rose
Esposito, 228 Pebble Creek Walk – enquiring as to whether or not this will
overpopulate the area; noting that there will be more people entering and
exiting the subdivision in the Sunningdale area. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Claybar Developments Inc., relating to the
property located at 2825 Tokala Trail:
a)
an
amendment to the Fox Hollow Community Plan BE APPROVED at the Municipal
Council meeting to be held on March 5, 2013, to change the land use on the
subject property FROM Low Density Residential and Medium Density Residential TO
High Density Residential and Commercial;
b)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on March 5, 2013, to amend the Official Plan to change
the designation of the subject lands FROM a Low Density Residential
designation and a Multi-family, Medium Density Residential designation TO a
Multi-family, High Density Residential designation and a Neighbourhood
Commercial Node designation and to amend Section 3.5, entitled “Policies for
Specific Residential Areas” to permit on the:
northern part of
the property:
low and
high-rise apartment buildings, apartment hotels, multiple attached dwellings,
emergency care facilities, nursing homes, rest homes, homes for the aged, and
rooming and boarding houses as the primary permitted uses, and convenience commercial
uses in the ground floor of an apartment building, up to an overall maximum
of 1,050 square metres of gross floor area, and oriented either to Dalmagarry
Road or to a future or existing commercial development on lands to the
immediate south; and,
southern part of
the property:
small retail
stores, food stores, pharmacies, convenience commercial uses, personal
services, financial institutions, service-oriented office uses, community
facilities, professional and medical/dental offices, small-scale restaurants,
commercial recreation establishments, and similar uses that draw customers
from a neighbourhood-scale trade area as the main permitted uses;
c)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on March 5, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan, as amended in part
b), above), to change the zoning of the subject property FROM an Urban
Reserve (UR3) Zone, which permits existing dwellings, agricultural uses,
conservation lands, managed woodlots, wayside pits, passive recreation uses,
kennels, private outdoor recreation clubs and riding stables TO permit on
the:
northern
part of the property:
a Holding Residential
R9 Special Provision/Holding Convenience Commercial Special Provision
(h-120•R9-7(*)•H30/CC6(**)) Zone, to permit apartment
buildings, lodging house class 2, senior citizens apartment buildings,
handicapped persons apartment buildings, continuum of care facilities,
townhouses and stacked townhouses with a maximum height of 30 metres,
densities ranging from 125 to 150 units per hectare, a minimum yard depth
abutting the commercial zone to the south of 0.0 metres, a minimum east yard
depth of 5.0 metres, and a maximum yard depth abutting Dalmagarry Road and
Tokala Trail of 5.0 metres, and convenience commercial uses in the ground
floor of an apartment building including convenience service establishments,
convenience stores, financial institutions, personal service establishments,
medical/dental offices, food stores, restaurants, brewing on premises
establishments, day care centres, offices, studios, bake shops, commercial
schools, florist shops and pharmacies, with a maximum total gross floor area
of 1,050 m2; and,
southern part of the property:
a Holding
Neighbourhood Shopping Area Special Provision (h-120•NSA5(***)) Zone, to
permit bake shops, catalogue stores, clinics, convenience service
establishments, day care centres, duplicating shops, financial institutions,
food stores, libraries, medical/dental offices, offices, personal service
establishments, restaurants retail stores, service and repair establishments,
studios, video rental establishments and brewing on premises establishments
with a maximum total gross floor area of 6,000 square metres, a maximum gross
floor area for a food store of 3,200 square metres, a maximum gross floor
area for one individual use of 1,000 square metres, and lesser maximum gross
floor areas for all other uses, a minimum yard depth abutting the residential
zone to the north of 7.0 metres, a minimum east yard depth of 5.0 metres, and
no parking permitted between any building or structure and any road
allowance;
d)
the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
i)
the
development be generally in keeping with the plans, as outlined in Appendix
“D” of the Civic Administration’s report, dated February 26, 2013;
ii)
for
the residential portion of the site:
·
ensure active uses
such as lobbies, amenity areas, and/or residential units with separate front
entrances are located on the ground floor of the proposed apartment
buildings, in particular in the portions of the buildings that front onto
Dalmagarry Road and Tokala Trail;
·
ensure the entrance
into the lobby of residential building “B”, located at the corner of
Dalmagarry and the internal private drive, is designed to serve as the
primary entrance into the building, including similar architectural
expression shown in the entrance of residential building “A” as provided in
the Civic Administration’s report dated February 26, 2013;
·
include
continuous pedestrian connections from all residential building entrances to
the proposed outdoor amenity area; and,
·
upon the submission
of elevations ensure that the articulation and massing in a coherent
architectural manner continue to distinguish the buildings’ base, middle, and
top;
iii)
for
the commercial portion of the site:
·
situate
“Proposed Retail A” building so that it fronts onto Dalmagarry Road, in line
with the “Proposed Restaurant” and “Proposed Retail B” in order to create a
more consistent streetwall plane;
·
ensure
that buildings “Proposed Retail A”, “Proposed Retail B”, “Proposed Sunripe
Market” and “Proposed Restaurant” are oriented to the public street and
include active building elements such as principal entrances, transparent
windows, merchandise display windows, canopies, etc. fronting the street in
order to create an active frontage and improve the pedestrian experience;
·
screen
all parking lot frontages along public streets using enhanced landscaping and
landscaping walls;
·
eliminate
rows of parking which inhibit providing continuous pedestrian connections
through the site, including between the residential and commercial portions.
Ensure all buildings have a walkway to the street as well as continuous
walkways connecting to other buildings on the site;
·
ensure
all parking islands are appropriately landscaped and are of a sufficient size
to allow for the planting of trees; and,
·
locate
all garbage bins away from street frontages, ensure they are contained within
masonry enclosures and appropriately screened with landscaping. Alternatively
garbage enclosures could be created as part of or an extension of proposed
buildings;
e)
pursuant
to Section 34(17) of the Planning Act, no further notice BE GIVEN with
respect to the proposed zoning by-law, as the revised Notice
of Application, dated February 1, 2013, clearly contemplated the concept of
commercial uses in the main floor of an apartment building and the
application of a range of commercial uses with floor plates ranging up to
3,000 square metres in individual buildings;
f)
the
request to amend the Official Plan to change the designation of the south
part of the subject lands FROM a Multi-family, Medium Density Residential
designation, which permits multiple-attached dwellings, low rise apartment
buildings, rooming and boarding houses, emergency care facilities, converted
dwellings, small-scale nursing homes, rest homes and homes for the aged as
the primary permitted uses TO a Neighbourhood Commercial Node designation, to
permit a neighbourhood scale commercial development, BE REFUSED for
the following reason:
i)
a
special policy, not requested as part of the application, was required in
order to permit convenience commercial uses in the ground floor of an
apartment building;
g) the
request to amend Zoning By-law No. Z.-1 to change to the zoning of the
northern part of the subject property FROM an Urban Reserve (UR3) Zone, which
permits existing dwellings, agricultural uses, conservation lands, managed
woodlots, wayside pits, passive recreation uses, kennels, private outdoor
recreation clubs and riding stables TO permit on the:
northern
part of the property:
a
Residential R9 Special Provision (R9-7(_)•H45 Zone, to permit eight storey high rise apartment buildings and
townhouses, at an overall maximum density of 150 units per hectare with a
total of approximately 290 units, and convenience commercial uses including
convenience service establishments, convenience stores, financial
institutions, personal service establishments, medical/dental offices,
restaurants, brewing on premises establishments, day care centres, offices,
studios, bake shops, commercial schools, florist shops and pharmacies, with
special provisions to limit all convenience commercial uses to a maximum
gross floor area of 1,050 square metres, and permit front, exterior side and
rear yard setbacks of 0 metres, and an interior side yard setback of 5.0
metres TO an Associated Shopping Area Commercial (ASA1) Zone, to
permit a range of retail, convenience and personal service uses, BE REFUSED
for the following reasons:
i)
a
minimum density, in addition to a maximum density, of residential development
is considered appropriate to ensure that a sufficient number of residential
units are constructed to support the new Neighbourhood Commercial Node;
ii) a
maximum height of 30 metres is sufficient to accommodate the requested eight
storey apartment buildings; it being noted that taller buildings would be
less compatible with the surrounding future low density residential
development;
iii) adjustments
to the detailed special provisions for yard setbacks in the Residential R9
(R9-7) Zone were required for technical reasons and to ensure that the
buildings and structures are located close to the road allowances in support
of urban design objectives;
iv) for
technical reasons, the application of a CC6( ) Zone to allow convenience
commercial uses in the ground floor of an apartment building is preferred,
instead of a special provision to the Residential R9 (R9-7) zone;
v) the
range and scale of uses permitted within a Neighbourhood Shopping Area Zone
variation is more appropriate within a Neighbourhood Commercial Node than an
Associated Shopping Area Commercial Zone variation;
vi) adjustments
to the detailed special provisions in the Neighbourhood Shopping Area (NSA5)
Zone for yard setbacks and parking location were required for technical
reasons and to ensure that the buildings and structures are located close to
the road allowances in support of urban design objectives; and,
vii) a
holding provision, affecting the entire site, which requires the completion
of a Transportation Impact Study prior to site plan approval is required;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
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That the communication, dated September 25,
2012, from M. Noskiewicz, Goodmans, with respect to Student Rental Housing in
Zoning By-law No. Z.-1 BE REFERRED to the Civic Administration and the Town
& Gown Committee to determine how this can be applied using the Near
Campus Neighbourhoods; it being noted that this include the modification of
existing or the creation of new by-laws.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion made by Councillor B. Polhill to
Approve clause 12.
12.
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Property located at 2095 Coronation Drive
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That, on the recommendation of the Managing
Director, Development and Compliance Services & Chief Building Official,
the following actions be taken with respect to the site plan approval
application of Banman Developments (West) Inc., relating to the property
located at 2095 Coronation Drive:
a) the
Approval Authority BE ADVISED that, at the public participation meeting of
the Planning and Environment Committee held with respect to this matter, the
following issues were raised:
i)
the
requirement for a pedestrian access to the park at the end of the driveway
into the neighbourhood; and,
ii)
the
elevation of the decks; it being noted that the concerns with the deck
elevations were alleviated;
b) the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached Site Plan for residential development;
and,
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
R.
Knutson, on behalf of the applicant – expressing concern with the requirement
for a pedestrian access to the park at the end of the driveway into the
neighbourhood; noting that he has investigated this matter with legal counsel
and an Ontario Municipal Board decision on a similar matter in Guelph; also
noting that this requirement is beyond the Municipal authority to request.
·
Gary
Brown, 35A – 59 Ridout Street – expressing support for the wrought iron
fence; indicating that it would be nice if the City owned the land and it was
retained for open space; and indicating that the proposed design is nice.
·
Tim
Boston, 1852 Bayswater Crescent – expressing concern with the elevation of
the decks.
·
Jeff
Whitney, 1828 Bayswater Crescent – expressing appreciation to Mr. Knutson for
attending his property to alleviate his concerns; indicating that the
proposed landscaping is nicer than the slides provided tonight; and
expressing appreciation to Mr. Knutson for minimizing the impact of the
development on their property. (2013-D11)
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
Motion made by Councillor B. Polhill to
Approve clause 13.
13.
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Properties located at 56-82 Wellington
Street, 283-323 South Street and 69-77 Waterloo Street (OZ-8114)
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That, notwithstanding the recommendation of
the Managing Director, Planning and City Planner, the application of the
Fincore Group, relating to the properties located at 56 - 82 Wellington St,
283 - 323 South Street and 69 - 77 Waterloo Street, the following actions be
taken:
a) the
application BE REFERRED back to the Civic Administration for further
discussion with the applicant and to report back at a second public
participation meeting, to be held at a future meeting of the Planning and
Environment Committee, on the following matters:
i)
the
issues of property ownership;
ii) the
phasing of the proposed development;
iii) the
100 year flood line as defined by the Upper Thames River Conservation
Authority;
iv) ensure
the elegance of the design;
v) the
proposed limit of the Business District Commercial Special
Provision/Neighbourhood Facility Zone; and,
vi) the
establishment of a work plan for the completion of sanitary and storm sewer
studies, with sources of financing;
b)
a
special meeting of the Planning and Environment Committee BE HELD on Tuesday,
March 5, 2013 at 3:00 p.m. to receive advice that is subject to
solicitor-client privilege, including communications necessary for this
purpose, relating to the issues of property ownership and the equality of
potential land purchases in this area;
it being noted that
there will be ongoing consultation between the applicant, the Civic
Administration and the community;
it being also noted that a communication,
dated February 24, 2013, was received from E. Dziadura, 101 Waterloo Street,
with respect to this matter;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Ron
Robertson, applicant – see attached presentation.
·
Laurie
Bursch, 356 Grey Street, on behalf of the SoHo Community Association –
indicating that the SoHo Community Association is not against development;
noting that the SoHo Community Association is against bad development;
indicating that they are lucky that they have access to the Thames River;
requesting that shadowing be considered; requesting that valuable lands are
not purchased and then sold; requesting that any development conform with the
SoHo Community Plan; indicating that the current plan complements the neighbourhood;
noting concern that what they see is not what is going to be built;
indicating that these lands could be a showplace for London; and requesting
that a high standard be set for development along the River.
·
Jamie
Edwards, 304 South Street – advising that this looks like a great
development; enquiring whether or not the eight stories includes mechanical
rooms; enquiring about the heat and shade indexes; noting that he will be in
the buildings shadow and without the winter sun mold will grow on his property;
enquiring as to whether or not the zoning changes are permanent as Fincore
does not own all the lands.
·
Gary
Brown, 35A – 59 Ridout Street – indicating that he supports infill; advising
that he likes the proposed design; enquiring as to how far the building will
be built from the Thames River; advising that the applicant is asking for
zoning amendments to property that it does not own; and advising that this is
not a precedent we should set.
·
Tim
Sher, London Village Rentals Limited – advising that the site plan appears to
have a median in the roadway which would block his driveway; expressing
concern with the monolithic parking garage; enquiring if something similar to
the Renaissance Towers could be built; expressing concern with the targeting
of the 55+ age group as the neighbhourhood attracts young people and
families.
·
Peter
Dziadura, 101 Waterloo Street – enquiring as to the timelines for the
proposed development; noting that he will be living through the construction;
enquiring if the buildings will be built in phases or all at once; and
enquiring as to how this will be incorporated with the Victoria Hospital
renovations. (2013-D14A)
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
6th Report of the Planning and Environment
Committee
|
Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clause 1.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Councillor W.J.
Armstrong presents.
Motion made by Councillor W.J. Armstrong to
Approve clauses 1, 2, 3, 5, 6 and 9.
That it BE NOTED that no pecuniary
interests were disclosed.
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That the 1st Report of the Accessibility
Advisory Committee, from its meeting held on January 31, 2013, BE RECEIVED.
|
That the 3rd Report of the Animal Welfare
Advisory Committee, from its meeting held on February 7, 2013, BE RECEIVED.
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated February 25, 2013 with
respect to Community-led Parks Projects in 2012 BE RECEIVED.
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That on the recommendation of the Managing
Director, Development & Compliance Services and Chief Building Official,
the report dated February 25, 2013 in compliance with the reporting
requirements of the Noise By-law, BE RECEIVED. 2013-C01-P11
|
That, on the recommendation of the Managing
Director of Parks and Recreation the by-law, as appended to the staff report
dated February 25, 2013 BE INTRODUCED at the Municipal Council meeting of
March 5, 2013 to approve the 2013 Special Events Policies and Procedures
Manual. 2013-C01/M02
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion made by Councillor W.J. Armstrong to
Approve clause 4.
4.
|
Prohibiting Smoking Near Recreation
Amenities and Entrances By-law
|
That, on the recommendation of the Managing
Director of Parks & Recreation, the by-law, as appended to the staff
report dated February 25, 2013, BE INTRODUCED at the Municipal Council
meeting to be held on March 5, 2013 to prohibit smoking within 9 meters of
playgrounds and recreation amenities in Municipal parks and entrances to
Municipally-owned buildings.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: D. Brown (1)
Motion made by Councillor W.J. Armstrong to
Approve clause 8.
That on the recommendation of the Managing
Director, Development & Compliance Services and the Chief Building
Official, Civic Administration BE DIRECTED to report back at a public
participation meeting of the Community and Protective Services Committee
meeting on amendments to the Business Licensing By-law to implement a pilot
program of permitting food trucks in the downtown area.
|
Motion made by Councillor N. Branscombe and
seconded by Councillor D. Brown to Amend clause 8 in line 4 by adding the words
“the proposed” before the words “amendments to”; and by adding the following
sentence to the end of the clause: “it be noted that there will be a report
back to the Community and Protective Services Committee following the
completion of the pilot project”.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
The motion to Approve clause 8, as amended,
is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Clause 8, as amended, reads as follows:
That on the recommendation of the Managing
Director, Development & Compliance Services and the Chief Building
Official, Civic Administration BE DIRECTED to report back at a public
participation meeting of the Community and Protective Services Committee
meeting on the proposed amendments to the Business Licensing By-law to
implement a pilot program of permitting food trucks in the downtown area; it
being noted that there will be a report back to the Community and Protective
Services Committee following the completion of the pilot project.
Motion made by Councillor W.J. Armstrong to
Approve clause 10.
Motion made by Councillor D. Brown and seconded
by Councillor H.L. Usher to Approve that pursuant to section 13.7 of the
Council Procedure By-law, the actions of the Municipal Council taken at its
meeting of December 10, 2012, related to the adoption of clause 4 of the 1st
Report of the Community and Protective Services Committee, concerning purchase
of service agreements for Ontario Works Employment Assistant Services BE
RECONSIDERED.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: P. Hubert (1)
10.
|
Purchase of Service Agreements - Ontario
Works Employment Assistance Services
|
That, on the recommendation of the Acting
Administrator of Ontario Works, the by-law as attached to the
staff report dated February 25, 2013, BE INTRODUCED at the Municipal
Council meeting of March 5, 2013 to:
a) approve
the Ontario Works Employment Assistance Services Agreements with:
·
Collège
Boréal, 355 Wellington St, Unit 279, London, ON N6A 3N7;
·
Daya
Counselling Centre, 141 Dundas St, 6th floor, London, ON N6A 1G3;
·
Goodwill
Industries, Ontario Great Lakes, 255 Horton St, London, ON N6B 1L1;
·
Hutton
House Association for Adults with Disabilities, 654 Wonderland Rd N, London,
ON N6H 3E5;
·
LEADS
Employment Services London Inc., 171 Queens Av, Ste 410, London, ON N6A 5J7;
·
Literacy
Link South Central, 255 Horton St, 3rd floor, London, ON N6B 1L1;
·
LUSO
Community Services, 1193 Oxford St E, Unit 2, London, ON N5Y 3M2;
·
Nokee
Kwe, 1069 Wellington Rd S, Unit 104, London, ON N6E 2H6;
·
Pathways
Skill Development & Placement Centre, 210 Dundas St, 2nd floor, London,
ON N6A 5J3
·
Rehabilitation
Foundation for the Disabled (known as March of Dimes), 920 Commissioners Rd
E, London, ON N5Z 3J1;
·
The
London Community Small Business Centre, Inc., 316 Rectory St, 3rd floor,
London, ON N5W 3V9;
·
WIL
Counselling and Training for Employment, 141 Dundas St, 4th floor, London, ON
N6A 1G3; and
·
Youth
Opportunities Unlimited, 141 Dundas St, 2nd floor, London, ON N6A 1G3.
b) authorize
the Mayor and City Clerk to execute the Ontario Works Employment Assistance
Services Agreements; and
c) authorize
the City Manager or designate to provide written consent to amend the requirements
of the Ontario Works Employment Assistance Services, pursuant to section 4.2
of each agreement.
|
The motion to Approve clause 10, is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: P. Hubert (1)
Motion made by Councillor W.J. Armstrong to
Approve clause 7.
7.
|
Ontario Works Caseload Annual Update, 2012
|
That, on the recommendation of the Manager
Employment and Strategic Initiatives, with the concurrence of the Acting
Director Housing and Social Services, the report dated February 25, 2013 with
respect to the annual Ontario Works caseload, BE RECEIVED. 2013-S05
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: P. Hubert (1)
1.
|
His Worship the Mayor presents a plaque for
"London's Featured Company" to Dynamic Kitchens.
|
2.
|
His Worship the Mayor presents a
certificate for "London's Featured Community Organization" to Old
East Village.
|
3.
|
His Worship the Mayor welcomes Benoit
Lavoie, President, Skate Canada.
|
Councillor J.P.
Bryant presents.
Motion made by Councillor J.P. Bryant to
Approve clauses 1 to 7, inclusive.
That it BE NOTED that no pecuniary
interests were disclosed.
|
That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
actions taken to affect the replacement of the roof top unit at the J. Allyn
Taylor Building at a cost of $111,400 (excluding HST) BE CONFIRMED; it being
noted that the required work will be carried out by the current service
provider Climate Control and a Purchase Order has been issued relating to the
subject matter.
|
That the following actions be taken with
respect to voluntary donations to the Municipality:
a) on
the recommendation of the Managing Director, Corporate Services and City
Treasurer, Chief Financial Officer, the report dated February 26, 2013 with
respect to voluntary donations to a municipality BE RECEIVED;
b) the
Civic Administration BE REQUESTED to report back with a list of potential
Council-approved projects that could be subject to voluntary donations; and,
c) the
Civic Administration BE REQUESTED to report back with respect to the
administrative costs related to the implementation of a voluntary donations
program.
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the attached
proposed by-law BE INTRODUCED at the Municipal Council meeting of March 5,
2013 to approve an agreement with Her Majesty the Queen in Right of Ontario,
as represented by the Minister of Citizenship and Immigration, to obtain
Provincial funding of $19,800 to market the London and Middlesex Immigration
Portal and to authorize the Mayor and City Clerk to execute the Agreement.
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the attached
proposed by-law BE INTRODUCED at the Municipal Council meeting of March 5,
2013 to approve an agreement with Her Majesty the Queen in Right of Ontario,
as represented by the Minister of Citizenship and Immigration, to obtain
Provincial funding of $110,000 to enhance the London and Middlesex
Immigration Portal by enhancing the section on the local labour market and to
authorize the Mayor and City Clerk to execute the Agreement.
|
That the recommendations contained in the
Tax Adjustment Agenda dated February 26, 2013 BE APPROVED; it being noted
that there were no members of the public in attendance to speak to the
Corporate Services Committee, at the public hearing associated with the Tax
Adjustment Agenda.
|
|
7.
|
Request for a Letter
of Support for Public Safety TV Channel
|
|
|
|
That the following actions be taken with
respect to the request for a letter for support for “All Points Bulletin” TV
network:
a) the
Mayor BE REQUESTED to prepare a letter to the Canadian Radio-television &
Telecommunications Commission (CRTC) in support of the request for renewal of
the “All Points Bulletin” television license and renewal of its “Public
Interest” status; and,
b) the
City Clerk BE DIRECTED to undertake a review of current policies or processes
with respect to requests for letters of support or endorsement and report
back on any recommended changes to ensure that sufficient information is
submitted to Municipal Council with respect to the request.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Councillor H.L. Usher
presents.
Motion made by Councillor H.L. Usher to
Approve clauses 1 to 14, inclusive.
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the 2nd Report of the Advisory
Committee on the Environment, from its meeting held on February 6, 2013, BE
WITHDRAWN as it was included on the February 26, 2013 Planning and
Environment Committee Agenda.
|
That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
report dated February 25, 2013 with respect to the timeline for major
environmental & engineering reports BE RECEIVED. 2013-C08
|
That, on the recommendation of the
Director, Environmental Programs & Solid Waste, the report dated February
25, 2013 with respect to an update on “Rethink Energy London - Celebrating Progress
- Sustainable Energy London” BE RECEIVED. 2013-E19
|
That, on the Recommendation of the Managing
Director, Development & Compliance Services and Chief Building Official,
the report dated February 25, 2013 with respect to parking during the World
Figure Skating Championships BE RECEIVED. 2013-M18
|
That, on the recommendation of the City
Solicitor, the decision of the Ontario Superior Court of Justice issued on
February 4, 2013 in connection with a motion for an interlocutory injunction
to restrain work being done by the Municipality under By-law DR-102-207 BE
RECEIVED. 2013-L02
|
That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the Contract Award: Tender #
12-04, 2013 Lifecycle Renewal Program, Contract #7: Price Street and Dakin
Street Reconstruction (ES2414-13, EW3765-13, TS3014-13):
a) the
bid submitted by J-AAR Excavating Ltd. (J-AAR), 200 King Street, Ilderton,
ON, N0M 2A0, at its tendered price of $2,326,381.60 (excluding H.S.T.), for
the 2013 Infrastructure Lifecycle Renewal Program, Contract #7 project, BE
ACCEPTED; it being pointed out that the bid submitted by J-AAR was the lowest
of nine bids received and meets the City's specifications and requirements in
all areas;
b) Archibald,
Gray, Mckay Consulting Engineers (AGM), 3514 White Oak Road London ON, N6E
2Z9, BE AUTHORIZED to carry out the resident inspection and contract
administration for the said project in accordance with the estimate, on file,
at an upset amount of $240,983.00 (excluding H.S.T.), noting that this firm
completed the engineering design, based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers; and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy;
c) minor
future additional annual operating costs of $1,600.00 BE RECOGNIZED as a
result of this project noting that these costs are as a result of new
infrastructure installation and will be considered and accommodated within
future Water & Wastewater operating budgets;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated Feburary 25, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-04); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. 2013-L04
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That, on the recommendation of the
Director, Roads & Transportation, the following actions be taken with
respect to the Appointment of a Consultant for the Relocation and
Construction of Branch ‘B’ of the Avenue Municipal Drain, in accordance with
the Drainage Act:
a) Spriet
Associates London Limited, 155 York Street, London, Ontario, Canada N6A 1A8
BE APPOINTED Consulting Engineers for the design and construction of Branch
‘B’ of the Avenue Municipal Drain in the amount of $17,820.00, excluding HST,
in accordance with Section 15, Clause 15.2(d) of the Procurement of Goods and
Services Policy;
b) the
financing for this work BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated February 25, 2013;
c) the
consulting fees for the project identified in (a) above, BE IN ACCORDANCE
with the estimate on file, which are based upon the Fee Guideline for
Professional Engineering Services, 2006, recommended by the Ontario Society
of Professional Engineers;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. 2013-A05
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That, on the recommendation of the Director
of Water & Wastewater & Treatment, the following actions be taken
with respect to the Southwest Area Sanitary Servicing Master Plan,
Appointment of Consulting Engineer:
a) Stantec
Consulting Ltd., 171 Queens Avenue, 8th Floor, London, Ontario, N6A 5J7, BE
APPOINTED Consulting Engineers in the amount of $215,000, including 10%
contingency, excluding HST, based upon the Fee Guideline for Professional
Engineering Services, recommended by the Ontario Society of Professional
Engineers; and in accordance with Section 15.2 (g) of the City of London’s
Procurement of Goods and Services Policy;
b) the
financing for the project BE APPROVED in accordance with the Sources of
Financing Report appended to the staff report dated February 25, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract; and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. 2013-A05
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That, on the recommendation of the
Director, Roads & Transportation, the following actions be taken with
respect to the appointment of a consultant for the Bannister Drain-Branch 1
Remediation Design, in accordance with the Drainage Act:
a) Spriet
Associates London Limited, 155 York Street, London, Ontario, Canada BE
APPOINTED Consulting Engineers for the Bannister Drain-Branch 1 Remediation
Design, in the amount of $43,450.00, excluding HST, in accordance with
Section 15, Clause 15.2(d) of the Procurement of Goods and Services Policy;
b) the
financing for this work BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated February 25, 2013;
c) the
consulting fees for the project identified in (a) above, BE IN ACCORDANCE
with the estimate on file, which are based upon the Fee Guideline for
Professional Engineering Services, 2006, recommended by the Ontario Society
of Professional Engineers;
d) the
approvals given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the consultant for the work; and
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. 2013-A05
|
That the following actions be taken with
respect to the 2nd Report of the Transportation Advisory Committee from its
meeting held on February 5, 2013:
a) the
Mayor BE ASKED to write letters to the Canadian Transportation Agency and the
Ontario Ministry of Transportation asking that all levels of government
encourage cycling as an alternative method of transportation;
b) clause 2 BE REFERRED to the 2013
Budget;
clause 2 reads as follows:
“that the Municipal
Council BE REQUESTED to approve the 2013 Budget amounts for audible
pedestrian signals and cycling facilities; it being noted that the
Transportation Advisory Committee heard a verbal presentation from E. Soldo,
Director, Roads and Transportation, with respect to these matters”; and,
c) that clauses 3 to 9, inclusive
BE RECEIVED AND NOTED.
|
That, on the recommendation of the Managing
Director of Environmental Services & City Engineer, Canadian National
Railway’s one-time crossing fee proposal for City owned infrastructure on
Canadian National Railway owned right-of-way BE ACCEPTED; it being noted that
the funding required for the 24 crossings would be $64,000 and $55,000
(excluding HST), respectively, from the 2013 Water and Wastewater Operating
Budgets. 2013-F11
|
That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the attached
proposed by-law BE INTRODUCED at the Municipal Council meeting of March 5,
2013, to:
a) approve
the Mutual Aid and Assistance Agreement for an Ontario Water / Wastewater
Agency Response Network (OnWARN); and,
b) the
Mayor and the City Clerk BE AUTHORIZED to execute the above-noted agreement.
2013-E08
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong,
J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(15)
Motion made by Councillor H.L. Usher to
Approve clause 15.
That, on the recommendation of the
Director, Roads & Transportation, the following actions be taken with
respect to railway pedestrian crossing safety:
a) the
Civic Administration BE AUTHORIZED to undertake a railway pedestrian crossing
assessment study to determine the appropriate pedestrian focused solutions at
railway crossings; and,
b) the
Civic Administration BE REQUESTED to review and report back to the Civic
Works Committee with respect to the use of locomotive whistles within the City
of London. 2013-D24
|
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor J.L. Baechler calls for a separate vote on part a)
and b) of clause 15.
The motion to Approve part a) of clause 15 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: J.L. Baechler, D. Brown (2)
The motion to Approve part b) of clause 15 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
NAYS: J.L. Baechler (1)
Motion made by Councillor H.L. Usher to
Approve clause 16.
That, the previously-approved bids for the
Rental of General Equipment with Operators, as appended to the staff report
dated January 21, 2013 BE AMENDED by deleting “Benko Sewer Service, Division
of Badger Daylighting Inc. 6629 Orr Drive, London, ON N6L 1P1” and replacing
with “W. Carsey Trucking Inc., 2768 Catherine Street, Dorchester, Ontario N0L
1G4”; it being noted that the affected parties have been notified of the
administrative error.
|
Motion made by Councillor H.L. Usher and
seconded by Councillor B. Polhill to Approve that pursuant to section 13.7 of
the Council Procedure By-law, the actions of the Municipal Council taken at its
meeting of January 29, 2013, related to the adoption of clause 11 of the 4th
Report of the Civic Works Committee, concerning the rental of general equipment
with operators (Tender 13-06) BE RECONSIDERED.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: D. Brown (1)
Motion made by Councillor H.L Usher and
seconded by Councillor P. Polhill to Amend clause 16, by deleting the clause in
its entirety and replacing it with the following new clause:
“That the following actions be taken with
respect to the Rental of General Equipment with Operators (tender (13-06):
a)
the
bids submitted for the Rental of General Equipment with Operators at their
tendered prices for a two (2) year period, as appended to the staff report
dated January 21, 2013, and amended by deleting “Benko Sewer Service, Division
of Badger Daylighting Inc., 6629 Orr Drive, London, Ontario N6L 1P1” and
replacing it with “W. Carsey Trucking Inc., 2768 Catherine Street, Dorchester,
Ontario N0L 1G4” BE ACCEPTED; it being noted that the affected parties have
been notified;
b)
the
Civic Administration BE AUTHORIZED to undertake all the administrative acts that
are necessary in connection with this project; and,
c)
approval
hereby given BE CONDITIONAL upon the Corporation entering into a formal
contract or having a purchase order or contract record relating to the subject
matter of this approval;
it being noted that funding has been included
in the 2013 Operating and Capital Budgets.”
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: D. Brown (1)
The motion to Approve clause 16, as amended is
put.
Motion Passed
Clause 16, as amended, reads as follows:
That the following actions be taken with
respect to the Rental of General Equipment with Operators (tender (13-06):
a)
the
bids submitted for the Rental of General Equipment with Operators at their
tendered prices for a two (2) year period, as appended to the staff report
dated January 21, 2013, and amended by deleting “Benko Sewer Service, Division
of Badger Daylighting Inc., 6629 Orr Drive, London, Ontario N6L 1P1” and
replacing it with “W. Carsey Trucking Inc., 2768 Catherine Street, Dorchester,
Ontario N0L 1G4” BE ACCEPTED; it being noted that the affected parties have
been notified;
b)
the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project; and,
c)
approval
hereby given BE CONDITIONAL upon the Corporation entering into a formal
contract or having a purchase order or contract record relating to the subject
matter of this approval;
it being noted that funding has been included
in the 2013 Operating and Capital Budgets.
|
4th Report of the Planning and Environment
Committee
|
Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clause 1 and 2.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
2.
|
Property located at 527 Wellington Road
|
Recommendation: That, on the
recommendation of the Managing Director, Planning and City Planner, the
following actions be taken with respect to the application of Towards
Recovery Clinics, relating to the property located at 527 Wellington Road:
a) the
request to amend the Official Plan by adding a special policy to recognize
that the 251 metre distance between the subject property and the nearest
school property boundary is appropriate due to unique separation
characteristics BE REFUSED, for the following reasons:
i)
the
request for a site-specific Official Plan amendment is not appropriate since
the subject property does not exhibit any of the four conditions which could
necessitate the need for a site-specific policy;
ii)
the
existing Official Plan policies pertaining to the location of new Methadone
Clinics and Methadone Pharmacies accurately reflect the intent of Council;
iii)
the
requested amendment does not meet the evaluation criteria identified in
Section 6.2.11 of the City of London Official Plan pertaining to Methadone
Clinics and Methadone Pharmacies which preclude the location of these uses
within 300 metres from an elementary school;
iv)
the
requested amendment does not meet the evaluation criteria identified in
Section 6.2.11 of the City of London Official Plan pertaining to Methadone
Clinics and Methadone Pharmacies requiring that sites
must be large enough to accommodate the parking requirements; and,
v)
the
requested reduction in the separation distance from an elementary school is
not appropriate based on the approach adopted by Council and supported by
extensive research, consultation with health care providers, community and
business groups and the planning impact analysis included in this report
related to planning for Methadone Clinics and Methadone Pharmacies;
b) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM an Associated Shopping Area Commercial (ASA2/ASA5) Zone, which
permits a wide range of retail, personal service and automobile uses TO
a Holding Associated Shopping Area Commercial Special Provision (h-5•ASA2/ASA5(
)) Zone, to add a Methadone Clinic and Methadone Pharmacy to the list
of permitted uses and relieve the subject property from the general
provisions that require the property boundary of Methadone Clinics and
Methadone Pharmacies to be a minimum of 300m from the property boundary of an
elementary school subject to a holding provision to require public site plan
review BE REFUSED for the following reasons:
i)
the
requested amendment to the Zoning By-law is not consistent with the Zoning
regulations which do not permit Methadone Clinics and Methadone Pharmacies to
be located within 300 meters of an elementary school;
ii)
the
subject property does not meet the minimum requirements of the Zoning By-law
which require that 1 parking space be provided for every 15m2 of
gross floor area (“GFA”). The existing building has a GFA of 418m2
requiring that 28 parking spaces be provided whereas the subject property has
a total of 21 parking spaces; and,
iii)
the
proposal to utilize only 307m2 of the existing building for the
requested uses and leaving the remaining 111m2 unfinished and
separated from the rest of the building by a permanent wall would
create a situation that requires on-going by-law enforcement to continually
monitor the subject site to ensure that the unfinished portion of the
building remains unused; and,
c) the
information report from the Managing Director, Planning and City Planner,
relating to the City of London request to limit the number of clients served
by methadone clinics and methadone dispensing pharmacies BE RECEIVED;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication, dated February 11, 2013, from C. Crawford,
Chief Executive Officer, Towards Recovery Clinics Inc.;
·
a communication from T. Schnurr, Vice President, Sales
Representative, CBRE Limited;
·
a communication, dated February 11, 2013, from R. Zelinka,
Zelinka Priamo Ltd.;
·
a communication, dated November 20, 2012, from V. Zanov, 22
Torrington Crescent;
·
a communication, dated February 14, 2013, from C. Clark, by
e-mail;
·
a communication, from T. Couture, 45-35 Waterman Avenue;
and,
·
a communication, dated February 13, 2013, from D. Young,
Senior Planner, Stantec Consulting Ltd.;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
Cam
Crawford, Chief Executive Officer, Towards Recovery Clinics Inc. – advising
that Towards Recovery Clinics Inc. currently operates in three Ontario
communities; indicating that the clinics are professionally staffed; advising
that addiction is misunderstood; indicating that he has been actively
involved in the search to find an appropriate location to open a clinic;
indicating that they have spent more than eight months searching for a
location, utilizing the services of CBRE; advising that there has been
published evidence that two or three million people suffer from addictions;
advising that over 1,400 people in London are suffering from opiate
addiction; indicating that it is in the communities best interest to deal
with addiction; indicating that most people dealing with addictions want to
be helped; advising that when you assist people in need, you are returning
their self-respect, allowing them to lead healthy lives and become valuable
members of the community; indicating that the reality of the situation is
that we are helping ourselves; advising that his clinics are committed to
operating excellence; indicating that the planning principles support the
application; noting that addiction treatment is under the purview of health
care; advising that his company provides a different model; noting that they
help people and help reduce any risks to public safety; indicating that
addiction does not discriminate; indicating that there is a reduction in the
amount of crime in a neighbourhood where there is a methadone clinic;
advising that methadone clinics have close connections to health care
services to best manage patient success; advising that the clinic has a large
reception area which reduces any congregation outside of the clinic; advising
that there is on-site security during all clinic hours; advising that they
operate a service advisory board for two-way communication; indicating that
the proposed site is stand alone with no gathering areas; advising that it is
close to a major health care area; advising that this is away from the
downtown core; and noting that the building is attractive.
·
Richard
Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – advising that
there is a potential site for a methadone clinic to be located at Wellington
Road South and Bradley Avenue; noting that this site is more than 300 metres
from White Oaks Public School, the South London Community Pool and the Jalna
Library; however, you can see directly from the property to the school, the
mall and the library; also noting that the properties are connected through a
pathway system; further noting that the location meets the City’s methadone
criteria; advising that the proposed methadone clinic adequately protects the
facilities and users from potential impacts; indicating that people want
methadone separation between them and their families; noting that there is a
single family dwelling next door; advising that the LCBO, a bank, two
restaurants and a beer store are located on the same property; noting that,
using a strict interpretation of the City’s by-law, this is an ideal site for
a methadone clinic; also noting that the area is on a bus route; advising
that the proposed site on Wellington Road South is a free standing building;
indicating that the building is oriented by Wellington Road; advising that
there are no adjacent gathering places; advising that there is a 457 metre
walking distance, on public sidewalks, and a one kilometer driving distance,
between the proposed clinic and a school; advising that you cannot see the
school from the property; noting that unless you live there, you would not
even know the school exists; advising that the site is accessible by the
circuitous walkway on Waterman Avenue; enquiring as to which site better
meets the Councils policies; indicating that separation distance is a useful
land planning tool; advising that the public and catholic school boards use
walking distances; indicating that some of the public responses in the Civic
Administration’s report spoke of walking distance “as the crow flies”, which
is not meaningful when you are talking about people; referencing his letter
on the Planning and Environment Committee Agenda; advising that the Civic
Administration’s reference to 824 potential sites is not more than a
theoretical rough-cut; indicating that the Civic Administration never
provided a blow up of any particular site; noting that the graphic never
intended for what is in and what is out; advising that the letter from CBRE
indicates that the 824 sites is not a realistic number; noting that not all
of the sites are serviced by public transit; advising that, with the stigma attached
to addiction, multi-unit landlords will not rent to addiction treatment
clinics; advising that some of the other sites are large, new big box stores,
hotels or motels; indicating that there are errors in the original mapping,
such as the location of the East London Library; advising that many sites are
not on the market for sale or for lease; advising that other sites do not
have adequate parking; indicating that most of the suitable sites are located
along Wharncliffe Road and Dundas Street; indicating that when the policies
were adopted, people believed that the Municipal Council and the Civic
Administration wanted to work for the health of the city; advising that the
current by-law is overly constraining; and advising that the proposed site at
527 Wellington Road South is a good site and meets the cities policies.
·
Christine
Bonatsos, 97 – 35 Waterman Avenue – enquiring as to whether or not the
applicant has mothballed any other clinics; expressing concern that they are
only mothballing part of the building in order to meet the parking
requirements; enquiring as to whether or not the city enforces mothballing
and who pays for it; advising that she does not deem the excuse that the
potential 824 sites are not viable as a valid excuse; and advising that the
applicant should be educating the public to help reduce the stigmatism that
addiction has.
·
Roman
Zasidko, 53 Cheviot Place – expressing concern with the vacant space in the
building; enquiring as to whether or not it is really going to be mothballed;
indicating that Police and Fire representatives will need to monitor the
space; indicating that it is not dead space; advising that it is not
mentioned in the report, but enquiring as to whether or not the space will be
needed in the future; enquiring that, if the space is needed in the future,
will the applicant need to reply for an amendment to the parking
requirements; advising that, in simple terms, the standard of measurement
that the City uses is a radius; indicating that the 300 metre circle radius is
a standard measurement; and requesting that the Councillors follow their
rules.
·
Joseph
Fisher, 54 Ansondale Road – reading the bottom of page 10 of the Planning and
Environment Committee Agenda; advising that the Civic Administration is
working with an Interim By-law; reading portions of the July, 2012, Ontario
Municipal Board decision; indicating that he is not mentioning who is using
the service; advising that a misunderstanding of the by-law is prohibiting
citizens from getting their money’s worth; indicating that the Civic
Administration did their homework; and supporting the Civic Administration’s
recommendation.
·
Ryan
Chen, 95 - 35 Waterman – advising that he takes issue with the walkway on
Waterman Avenue being referred to as “circuitous”; noting that if you look in
the Webster’s dictionary, “circuitous” means “round”, “winding”; indicating
that the walkway leads directly to the school; and noting that clients from
Chiddington Avenue will not use the walkway.
·
Terry
Scafe, 27 Compton Crescent – enquiring as to whether or not the property
located at 527 Wellington Road was one of the approved sites for a methadone
clinic or pharmacy; advising that the applicant made a conscious decision to
fight for this site; and enquiring as to whether or not they have to apply
for another application if they decide to dispense medication other than
methadone.
·
Sharon
Fry, 100 – 35 Waterman Avenue – enquiring as to the percentage of the profits
from the methadone clinic are provided to the community.
·
Nelson
Campbell, 28 – 35 Waterman Avenue – expressing concern with the site line
between the clinic and the school; indicating that Wellington Road South is
the front door entrance to London; advising that there are fast food
establishments in the area; noting that there is already a pharmacy in the
area; indicating that the proximity of schools and high density areas should
be considered when determining locations for a methadone clinic; expressing
concern for the safety and security of children; advising that it is 50 metres
from the proposed clinic to the front door of the Waterman Avenue condominium
complex; noting that there are no fences separating the properties; and
enquiring as to whether or not this is health care without risks to the
residents.
·
Rick
Wood, Principal, Cartier Public School – reading from the letter provided to
him by the Chair of the Thames Valley District School Board; expressing
support for the Civic Administration’s recommendation; expressing support for
the current by-law; advising that there are 304 children and 30 teachers at
his school; noting that it is a family atmosphere; advising that students
that have graduated from the school come by to say hello; and requesting that
this community be kept safe and healthy.
·
Josephine
Soares, 1 Rockingham Court – advising that if the Municipal Council changes
the existing by-law, the Municipal Council is setting a new standard;
advising that any new company can come in and ask for a new radius; and
advising that the distance between methadone clinics and schools will get
smaller and smaller.
·
Janet
Hunt, Registered Nurse – advising that the neighbourhood is a great family
neighbourhood; indicating that families have problems and reach out for help;
advising that this site will be right across from a mental health facility so
that, if needed, help can be accessed instantly.
·
Steve
Couture, 45 – 35 Waterman Avenue – advising that his communication is part of
the Planning and Environment Committee Added Agenda; advising that this is a
policy that the Municipal Council adopted 9 months ago; encouraging the
Municipal Council to stick to the policy; indicating that the language in the
policy is very clear; indicating that there is no flexibility in the 300
metres; noting that this was the intention of the Municipal Council;
indicating that three criteria use the words “must be”; indicating that this
is a pedestrian safety issue, with a bus stop being located on the east side
of Wellington Road; advising that there is in excess of 30,000 vehicles a day
travelling on Wellington Road; enquiring as to how many people are going to
walk up to the lights to cross the road and how many people will take chances
crossing the traffic; noting that this will encourage jaywalking; indicating
that there must be a requirement for parking; and encouraging the Municipal
Council to realize that they adopted the policy.
·
Bonnie
Weitzel, 6 Chiddington Gate – advising that she is still reviewing the
information that she has received; indicating that the parking requirement
has not been met; noting that the site currently has 13 parking spaces;
advising that no one has mentioned that there would be a requirement for
garbage and recycling pick-up and delivery trucks; advising that there are
4,600 vehicles on the road daily between Wellington Road South and Wilkins
Avenue; indicating that this will add more vehicles; advising that the
Wellington Road South bus is packed; and advising that there are no traffic
lights or crosswalks on Waterman Avenue.
|
At 5:37 PM the Mayor J.F. Fontana places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
Motion made by Councillor S. Orser and seconded
by Councillor M. Brown to Approve, that pursuant to section 9.6 of the
Council Procedure By-law, Councillor H.L. Usher be permitted to speak longer
than 5 minutes with respect to clause 2.
Motion Passed
|
At 5:48 PM the Mayor J.F. Fontana resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
|
The motion to Approve clauses 1 and 2 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
7th Report of the Corporate Services
Committee
|
Councillor J.P.
Bryant presents.
Motion made by Councillor J.P. Bryant to
Approve clause 1.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Councillor J.B. Swan
presents.
Motion made by Councillor J.B. Swan to
approve clauses 1, 2, 4 and 5.
That it BE NOTED that Councillor J. Swan
disclosed a pecuniary interest in clause 3 of this report, having to do with
the Investment and Economic Prosperity proposal assessment process,
specifically to the proposal for a Performing Arts Centre, by indicating that
his employer, Orchestra London, is involved with the proposal.
|
That the information report dated February
19, 2013 from the Deputy City Treasurer, with respect to the 2012 annual
update on Budweiser Gardens, BE RECEIVED.
|
That the following actions be taken with
respect to the 1st Report of the Creative City Committee from its meeting
held on January 30, 2013:
a) on
the recommendation of the Director, Corporate Investments and Partnerships,
the following actions be taken with respect to the London Cultural Profile
Report and the London Cultural Prosperity Plan:
i) the
London Cultural Profile Report, dated January 2013, prepared by the project
team of Canadian Urban Institute, Sierra Planning and Management, and Novita
Interpares Limited, BE RECEIVED;
ii) the
London Cultural Prosperity Plan, dated 2013, prepared by Dialog Ontario Inc.,
BE APPROVED IN PRINCIPLE;
iii) the
City of London Cultural Office BE DIRECTED to develop an implementation plan
for the London Cultural Prosperity Plan, which expands upon how the potential
actions of this Plan will be accomplished and funded; and,
iv) the
Creative City Committee Working Group members BE THANKED for their
participation and guidance related to the development of the London Cultural
Profile Report and the London Cultural Prosperity Plan;
it being noted that
the Creative City Committee (CCC) heard the attached
presentations from J. Evenson and A. McDonough, Canadian Urban Institute, J.
Hack, Sierra Planning and Management and B. Arnott, Novita, and A. Gomez,
Dialog Ontario Inc., with respect to the London Cultural Profile, and the
London Cultural Prosperity Plan, respectively, and received a communication
dated January 21, 2013, from J. Morgan, Board Chair and S. Hubbard Krimmer,
CEO and Chief Librarian, London Public Library, with respect to the matter;
b) that clauses 2 through 3,
inclusive, of the 1st Report of the CCC, BE RECEIVED;
it being noted that
the Investment and Economic Prosperity Committee (IEPC) heard the attached
presentation from Councillor J. Bryant and R. Armistead, Manager, Culture and
Municipal Policy, with respect to this matter.
|
That the request for delegation status from
J. Kennedy, President of Boler Mountain BE REFERRED to the Civic
Administration to confirm the appropriate Standing Committee the matter
should be directed to.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion made by Councillor M. Brown to Approve
clause 3.
3.
|
Investment and Economic Prosperity Proposal
Assessment Process Update #2
|
The following actions be taken with respect
to the Investment and Economic Prosperity proposal assessment update #2:
a) the
information report dated February 13, 2013 from the Director of Corporate
Investments and Partnerships, with respect to this matter, BE RECEIVED; and,
b) the
Civic Administration BE REQUESTED to report back at the February 28, 2013 Tax
Supported Budget meeting, with respect to clarifying options and the
implications related to earmarking the $60 million of funding required to
move forward with the Economic Prosperity Plan.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: Councillor J.B. Swan (1)
Councillor J.L.
Baechler presents.
Motion made by Councillor J.L. Baechler to
Approve clauses 1 and 4.
1.
|
Disclosures of Pecuniary Interest
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That it BE NOTED that
the following pecuniary interests were disclosed:
a) Councillor
N. Branscombe disclosed a pecuniary interest in clause 3 of this Report, having
to do with the appointment to the Greater London International Airport
Authority Board of Directors, by indicating that the nominee for the
appointment is her spouse; and,
b) Councillor
M. Brown disclosed a pecuniary interest in the following matters:
i) clause 2 of this
Report, having to do with appointments to the City of London and Thames Valley
District School Board Liaison Committee, by indicating that the Thames Valley
District School Board is his employer; and,
ii) clause 5 of this
Report, having to do with communications related to funding and repurposing of
the Sherwood Forest Public School, by indicating that Sherwood Forest Public
School is part of the Thames Valley District School Board system and that the
Thames Valley District School Board is his employer.
4.
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London Transit Commission
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That the following actions be taken with
respect to appointments to the London Transit Commission:
a)
the
resignation of Councillor S.E. White from the London Transit Commission BE
ACCEPTED; and
b)
Councillor
J.L. Baechler BE APPOINTED to the London Transit Commission, for the term
ending November 30, 2014.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
Motion made by
Councillor J.L. Bachler to Approve clauses 2 and 5.
2.
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City of London and Thames Valley District
School Board Liaison Committee
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That the following individuals BE APPOINTED
to the City of London and Thames Valley District School Board Liaison Committee
for the term ending November 30, 2014:
• Councillor N. Branscombe
• Councillor D. Henderson
• Councillor B. Polhill;
it being noted that discussions may include
matters pertaining to the repurposing of schools subject to closure.
5.
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Sherwood Forest Public School
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That the following actions be taken with
respect to the Sherwood Forest Public School:
a) the
attached communication from S. Booth, Board of Directors, Society
for Learning in Retirement London, BE REFERRED to the 2014 Budget process for
consideration with respect to the Sherwood Forest Public School repurposing for
a seniors’ centre; and
b) the
attached communication from J.B. Morton, BE REFERRED to the 2014
Budget process for consideration with respect to the Sherwood Forest Public
School repurposing for a seniors’ centre;
it being noted that the Civic Administration
will assist with the preparation and submission of the business case for the
above-noted project to the Investment and Economic Prosperity Committee for
consideration.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
RECUSED: M. Brown (1)
Motion made by Councillor J.L. Baechler to
Approve clause 3.
3.
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Re-appointment of Ken Kalopsis to the
London International Airport Board of Directors
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That Ken Kalopsis BE APPOINTED to the Greater
London International Airport Authority Board of Directors as the City’s
representative for a third and final term commencing August 1, 2013 and
expiring July 31, 2016; it being noted that the Strategic Priorities and Policy
Committee received a communication dated January 12, 2013 from Jeff Brown,
Chair, Nominating Committee, Greater London International Airport Authority,
with respect to this matter.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: D.G. Henderson
RECUSED: N. Branscombe
At 6:20 PM, Councillor J.L. Baechler leaves
the meeting.
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6th Report of the Committee of the Whole
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Councillor N.
Branscombe presents.
PRESENT: Mayor J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White and C. Saunders (City Clerk).
ALSO PRESENT: A. Zuidema, S. Axford, J.P.
Barber, J. Braam, B. Coxhead, K. Dawtrey, J. Fleming, E. Gamble, G. Kotsifas,
V. McAlea Major, J. Page, M. Turner, B. Warner and B. Westlake-Power.
Councillor N. Branscombe reports progress
with respect to the following matters:
a)
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A matter being considered pertaining to
litigation or potential litigation with respect to the appeal of Middlesex
Vacant Land Condominium Corporation No. 677 to the Ontario Municipal Board,
including matters before administrative tribunals, affecting the municipality
or local board from an approval of a minor variance by the Committee of
Adjustment for development of 181 Skyline Road; advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose, in connection the appeal of Middlesex Vacant Land Condominium
Corporation No. 677, including matters before administrative tribunals,
affecting the municipality or local board from an approval of a minor
variance by the Committee of Adjustment for development of 181 Skyline Road;
and giving instructions and directions to the solicitors of the municipality
in connection with the appeal of Middlesex Vacant Land Condominium
Corporation No. 677 to the Ontario Municipal Board, including matters before
administrative tribunals, affecting the municipality or local board from an
approval of a minor variance by the Committee of Adjustment for development
of 181 Skyline Road. (PEC)
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b)
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A matter pertaining to litigation or
potential litigation and advice that is subject to solicitor-client
privilege, including communications necessary for that purpose and for the
purpose of providing instructions and directions to officers and employees of
the Corporation with respect to the property located at 23 Winship Close.
(CSC)
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c)
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A matter pertaining to litigation currently
before the Superior Court of Justice, Court file No. 8922/12 effecting the
municipality; and advice that is subject to solicitor-client privilege,
including communications necessary for that purpose. (CSC)
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d)
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A matter pertaining to litigation currently
before the Superior Court of Justice, Court file No. 38191/01 effecting the
municipality; and advice that is subject to solicitor-client privilege,
including communications necessary for that purpose. (CSC)
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e)
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A matter pertaining to personal matters
about identifiable individuals, including a former municipal employee,
outstanding litigation affecting the municipality and advice that is subject
to solicitor-client privilege, including communications necessary for that
purpose. (CSC)
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f)
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A matter pertaining to labour relations and
employee negotiations, litigation or potential litigation, including matters
before administrative tribunals, affecting the municipality, and advice that
is subject to solicitor-client privilege, including communications necessary
for that purpose, concerning Group Grievance 508-06 and Policy Grievance
902-07 between the London Civic Employees’ Local Union No. 107 and The
Corporation of the City of London in relation to the Equipment Operator 2 job
evaluation. (CSC)
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g)
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A matter pertaining to labour relations and
employee negotiations in regard to one of the Corporation’s associations or
unions and litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality and for the purpose of
providing instructions and directions to officers and employees of the
Corporation. (CSC)
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i)
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A matter being considered pertaining to advice
that is subject to solicitor-client privilege, including communications
necessary for that purpose; instructions and directions to officers and
employees of the Corporation pertaining to a proposed acquisition and
disposition of lands in the vicinity of South Street; advice that is subject
to solicitor-client privilege, including communications necessary for that
purpose; reports or advice or recommendations of officers and employees of
the Corporation pertaining to a proposed acquisition and disposition of land;
commercial and financial information supplied in confidence pertaining to the
proposed acquisition and disposition the disclosure of which could
reasonably be expected to, prejudice significantly the competitive position
or interfere significantly with the contractual or other negotiations of the
Corporation, result in similar information no longer being supplied to the
Corporation where it is in the public interest that similar information
continue to be so supplied, and result in undue loss or gain to any person,
group, committee or financial institution or agency; commercial, information
relating to the proposed acquisition and disposition that belongs to the
Corporation that has monetary value or potential monetary value; information
concerning the proposed acquisition and disposition whose disclosure could
reasonably be expected to prejudice the economic interests of the Corporation
or its competitive position; information concerning the proposed acquisition
and disposition whose disclosure could reasonably be expected to be injurious
to the financial interests of the Corporation; and instructions to be applied
to any negotiations carried on or to be carried on by or on behalf of the
Corporation concerning the proposed acquisition and disposition, in connection with
the application by Fincore Group, relating to the properties located at 56-82
Wellington Street, 283-323 South Street and 69-77 Waterloo Street.
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Motion made by Councillor M. Brown and
seconded by Councillor S.E. White to Approve that, as a procedural
matter pursuant to Section 239 (6) of the Municipal Act, 2001, the
following recommendations be forwarded to City Council for deliberation and a
vote in public session:
1.
That, on the recommendation of the Manager of
Realty Services, with respect to the property at 5801 White Oak Road, the
following actions be taken:
a) the offer submitted by
Victoria Miller and Manuel A. S. Camara to sell to the City of London land
municipally known as 5801 White Oak Road, located on the west side of White Oak
Road north of Manning Drive, described as South Part of Lot 21, Concession 6
(Part 2, Reference Plan 33R-9546), containing an area of approximately 25.74
acres, for the purpose of buffering the City’s W12A landfill site, for the sum
of $249,900.00 BE ACCEPTED, subject to the following conditions being
met:
i)
the City of London agreeing to pay the
Vendors’ reasonable legal fees, including fees, disbursements and applicable
taxes, to complete this transaction, subject to assessment;
ii)
the City of London to conduct soil and
environmental tests as may be required; and,
iii)
the Tenant farmer being permitted to remove
the crop currently planted on the property prior to September 30, 2013.
b) the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report, attached hereto as Appendix “A”.
2. That,
on the recommendation of the Manager of Realty Services, with respect to the
residential property at 4200 Scotland Drive, the following actions be taken:
a) the offer submitted by Darrell
DeCoste and Laurie DeCoste to sell to the City the property municipally known
as 4200 Scotland Drive, located on the north side of Scotland Drive, described
as Part of Lot 22, Concession 5, designated as Part 4, Reference Plan
33R-2972, containing an area of approximately 2.69 acres, for the purpose of
buffering the City of London’s W12A landfill site, for the sum of $380,000.00
BE ACCEPTED, subject to the following conditions being met:
i)
the City of London agreeing to pay the
Vendors’ reasonable legal fees, including fees, disbursements and applicable
taxes, to complete this transaction, subject to assessment;
ii)
the City of London agreeing that the Vendors
be permitted to enter into a residential lease agreement for a term of one (1)
year at a monthly rental fee of $900.00 plus all utilities;
b) the financing for this
acquisition BE APPROVED as set out in the Source of Financing Report attached
hereto as Appendix “A”.
3. Notwithstanding the
provisions set out in section 15 of the Procurement of Goods & Service
Policy with respect to the appointments of professional consulting services,
the City Clerk BE DIRECTED to bring forward the necessary documentation to
Municipal Council at its meeting to be held on March 5, 2013 to authorize the
City Manager and Managing Director, Corporate Services & Chief Human
Resources Officer to approve and execute professional consulting agreements
related to matters arising out of the approved arbitration process.
4. That, the following
actions be taken with respect to the contract with Tim L. Dobbie Consulting
Ltd., dated August 13, 2012:
a)
the
amount payable under the above-noted contract BE INCREASED up to an additional
$25,000.00, exclusive of HST; and,
b)
the
City Manager and Managing Director, Corporate Services and Chief Human
Resources Officer BE DIRECTED to submit to the Corporate Services Committee, an
amended contract with Tim L. Dobbie Consulting Ltd. to increase the amount
payable under the contract by up to an additional $60,000, exclusive of HST,
and amend the term of the contract to delete reference to the termination date.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
Motion made by Councillor N. Branscombe to
Approve that the above recommendations for the 6th Report of the Committee of
the Whole be adopted.
Motion Passed
None.
None.
None.
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve 1st reading of Bill No.s
105 to 110, inclusive, and Bill No.s 112 to 134, inclusive.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong,
J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve 2nd reading of of Bill No.s
105 to 110, inclusive, and Bill No.s 112 to 134, inclusive.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
Motion made by Councillor B. Polhill and
seconded by Councillor H.L Usher to Approve 3rd reading and enactment of Bill
No.s 105 to 110, inclusive, and Bill No.s 112 to 134, inclusive.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
Motion made by Councillor H.L Usher and
seconded by Councillor P. Van Meerbergen to Approve 1st reading of Bill No.
111.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: P. Hubert (1)
Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve 2nd reading of Bill No. 111.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: P. Hubert (1)
Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve 3rd reading and enactment
of Bill No. 111.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
RECUSED: P. Hubert (1)
The following by-laws are passed and enacted
as by-laws of The Corporation of the City of London:
Bill No. 131
By-law No. Z.-1-132170
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 2825 Tokala Trail.
(11/5/PEC)
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Bill No. 132
By-law No. A.-6926-101
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A By-law to authorize an Agreement of
Purchase and Sale between The Corporation of the City of London and Darrell
DeCoste and Laurie DeCoste, for the acquisition of property located at 4200
Scotland Drive, for the City’s W12A landfill site, and to authorize the Mayor
and the City Clerk to execute the Agreement (C2/6/CSC)
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Bill No. 133
By-law No. A.-6927-102
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A By-law to authorize an Agreement of
Purchase and Sale between The Corporation of the City of London and Victoria
Miller and Manuel A.S. Camara, for the acquisition of property located at
5801 White Oak Road, for the City’s W12A landfill site, and to authorize the
Mayor and the City Clerk to execute the Agreement. (C1/6/CSC)
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Bill No. 134
By-law No. A.-6928-103
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A By-law to authorize the City Manager and
Managing Director, Corporate Services & Chief Human Resources Officer to
approve and execute professional consulting agreements relating to matters
arising out of the approved arbitration process. (C7/6/CSC)
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Motion made by Councillor S. Orser and
seconded by Councillor H.L. Usher to Adjourn.
Motion Passed
The meeting adjourned at 6:30 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk