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Council
MINUTES
9TH MEETING
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April 30, 2013
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The Council meets in Regular Session in the
Council Chambers this day at 4:05 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, J.P. Barber, J.
Braam, B. Coxhead, T.L. Dobbie (Consultant), J.M. Fleming, E. Gamble, T.
Grawey, M. Hayward, G.T. Hopcroft, G. Kotsifas, L. Livingstone, D. MacRae, V.
McAlea Major, D. O’Brien, L.M. Rowe, R. Sharpe, J. Smout, E. Soldo, B.
Warner, R. Welker and B. Westlake-Power.
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At the beginning of the Meeting all Members
are present except Councillors J.B. Swan and D. Brown.
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At 4:06 PM Councillor D. Brown enters the
meeting.
Councillor D. Brown discloses a pecuniary
interest in clauses 6 and 13 of the 9th Report of the Planning and Environment
Committee, having to do with the properties located at 275, 277 and 281 Thames
Street, by indicating that her employer owns the three properties referenced in
the clauses.
Councillor P. Hubert discloses a pecuniary
interest in clause C-3 of the Confidential Appendix to the 11th Report of the
Corporate Services Committee, having to do with a matter pertaining to personal
matters, employee negotiations and labour relations, advice or recommendations
of officers and employees of the Corporation, including communications
necessary for the purpose of providing instructions and directions to officers
and employees of the Corporation, 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 2 of the 11th Report of the Corporate Services Committee and
the related Bill No. 194, having to do with the appointment of the Ontario
Works Administrator, by indicating that he is the Executive Director of a
social services agency that has a purchase of service agreement with Ontario
Works.
Councillor M. Brown discloses a pecuniary
interest in clause 12 of the 9th Report of the Planning and Environment
Committee and the related Bill No. 208, having to do with the property located
at 655 Tennent Avenue, by indicating that the property is owned by the Thames
Valley District School Board (TVDSB) and the TVDSB is his employer. Councillor
M. Brown further discloses a pecuniary interest in clause 2 of the 10th Report
of the Planning and Environment Committee and the related Bill No. 210, having
to do with the property located at 77 Tecumseh Avenue West, by indicating that
the property is owned by the TVDSB)and the TVDSB is his employer.
Councillor J.B. Swan discloses a pecuniary
interest in the recognition of Orchestra London as “London’s Featured Community
Organization”, by indicating that Orchestra London is his employer.
Councillor P. Van Meerbergen discloses a
pecuniary interest in clause 5 of the 8th Report of the Community and
Protective Services Committee and the related Bill No. 195, having to do with
the Early Childhood Educators (ECE) Labour Market Partnership (LMP) Research
Project, by indicating that his wife operates a day care centre in the City of
London.
None.
MOTION FOR IN CAMERA SESSION
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Motion made by Councillor P. Hubert and
seconded by Councillor H.L. Usher to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
h)
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A matter pertaining to personal matters,
including information regarding an identifiable individual, including a
municipal employee, with respect to employment related matters, advice or
recommendations of officers and employees of the Corporation, including
communications necessary for that purpose and for the purpose of providing
instructions and directions to officers and employees of the Corporation.
(C-1/12/CSC)
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Motion Passed
The Council rises and goes in camera at 4:10
PM with Mayor J.F. Fontana in the Chair and all Members present except Councillor
J.B. Swan.
The Committee of the Whole rises and Council
resumes in regular session at 4:35 PM with Mayor J. F. Fontana in the Chair and
all Members present, except Councillor J.B. Swan.
At 4:42 PM Councillor J.B. Swan enters the
meeting.
Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve minutes of the 8th Meeting held
on April 16, 2013.
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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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None.
None.
Motion made by Councillor B. Polhill and
seconded by Councillor P. Hubert to Approve that pursuant to section 7.4 of
the Council Procedure By-law, the order of business be changed to permit
consideration of the 8th Report of the Community and Protective Services
Committee at this time.
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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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Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve that pursuant to section to
section 7.4 of the Council Procedure By-law, the order of business be changed
to permit consideration of the clause 15 of the 9th Report of the Planning
and Environment Committee, having to do with Blackfriars community infill
projects, to be heard at 5:30 PM; and to permit consideration of clause 13 of
the 9th Report of the Planning and Environment Committee, having to do with
the properties located at 275, 277 and 281 Thames Street, to be heard as the
next item of business after the 5:30 PM item, noted in a) above.
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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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Councillor W.J.
Armstrong presents.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor M. Brown calls for a separate vote on clause 16.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor H.L. Usher calls for a separate vote on clause 17.
Motion made by Councillor W.J. Armstrong
clauses 1 to 15, excluding clause 5.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the 3rd Report of the Community Safety
and Crime Prevention Advisory Committee, from its meeting held on March 28,
2013, BE RECEIVED.
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That consideration of proposed Fence By-law
amendments BE REFERRED to the next Community and Protective Services
Committee meeting, in order to receive additional clarification from staff
regarding sight lines and plantings. (2013-C01)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to Tender 13-46, Supply & Installation of Playgrounds, Pathways,
Parking Lots and Site Amenities in City Parks:
a) the
tender submitted by N. Piccoli Construction Ltd., 1033 Gore Road, Unit #2,
London, Ontario N5W 6B9 at their contract price of $879,295.50, (HST extra)
BE ACCEPTED; it being noted that N. Piccoli Construction meets the City’s
terms and conditions;
b) the
funding for this project BE APPROVED as set out in the Source of Financing
Report, appended to the staff report dated April 22, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase;
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record relating to
the subject matter of this approval; and,
e) the
future additional annual operating costs of $65,000.00 BE APPROVED as a first
priority commitment from available assessment growth in 2014, subject to
final budget approval. (2013-F18)
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That, on the recommendation of the Managing
Director of Neighbourhood, Children & Fire Services, the following
actions be taken with respect to the Homeless Prevention System for London -
Three-Year Implementation Plan:
a) the above-noted Plan BE
ENDORSED;
b) the
Civic Administration BE AUTHORIZED to proceed with the implementation of the
three-year Plan subject to annual budget approvals;
c) the
proposed by-law, appended to the staff report dated April 22, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013 to:
i) approve
a standard Purchase of Service Agreement (Appendix B to the by-law) between
The Corporation of the City of London and various service providers;
ii) authorize
the Managing Director, Neighbourhood, Children & Fire Services, or
written designate, to execute Purchase of Service Agreements with Service
Providers; and
iii) repeal
By-law No. A-6900-26; and,
d) the
administration of the Housing Stability Fund by The Salvation Army Centre of
Hope Housing Support Services BE APPROVED as per section 14.5 of the
Procurement of Goods and Services Policy at a cost to be negotiated to the
satisfaction of the Managing Director, Neighbourhood, Children and Fire
Services until the formal procurement process is completed;
it being noted that the Community and Protective
Services Committee received the attached information with
respect to this matter. (2013-S14)
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That, on the recommendation of the Managing
Director of Neighbourhood, Children & Fire Services, the following
actions be taken with respect to the Homelessness Memorial Project:
a) the
proposed site location of Campbell Park BE ACCEPTED for the installation of
the public monument; and,
b) the
proposed language for the plaque to read “Honouring and Remembering Lives
Lost through Homelessness in London” BE APPROVED; it being noted that the
staff report should reference the City's “Public Art Policy”, not Monument
Policy. (2013-M10)
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That, on the recommendation of the Managing
Director of Neighbourhood, Children and Fire Services and the Managing
Director of Parks and Recreation, the proposed by-law, as appended to the
staff report dated April 22, 2013, BE INTRODUCED at the Municipal Council of
April 30, 2013, to:
a) approve the RZone Policy; and
b) delegate
to the Managing Director of Neighbourhood, Children and Fire Services and the
Managing Director of Parks and Recreation the authority to execute documents
related to the use of the Rzone marks and intellectual property, with the
Town of Oakville. (2013-C01)
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That, on the recommendation of the Fire
Chief, with the concurrence of the Managing Director of Neighbourhood,
Children and Fire Services, the proposed by-law, appended to the staff report
dated April 22, 2013, BE INTRODUCED at the Municipal Council meeting of April
30, 2013 to require owners, whose buildings are legislated to have a Fire Safety
Plan under the Ontario Fire Code, to install and maintain Fire Safety Plan
Boxes in an approved location. (2013-C01)
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That, on the recommendation of the Director
of Municipal Housing, the following actions be taken with respect to
participation by the City of London in the Housing Collaborative Initiative
(HCI):
a) a
financial contribution of up to $200,000 towards the continuation of the
initiative BE APPROVED, in principle;
b) the
Source of Financing, as appended to the staff report dated April 22, 2013,
for this project initiative (development of an information system for social
housing administration) BE APPROVED; and,
c) the
Civic Administration BE REQUIRED to bring back a proposed Consortium
Agreement between the relevant parties for approval of Municipal Council and,
if necessary, the delegation of signing authority for the Consortium
Agreement by way of a proposed by-law. (2013-L04)
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That, on the recommendation of the Director
of Municipal Housing, the request of Columbus Non-Profit Housing of Strathroy
Inc. BE APPROVED for an allocation of up to $166,788.00 (incl. HST) for
capital repairs at 305 Oak Street in Strathroy, as set out in the Sources of
Financing Report, as attached to the staff report dated April
22, 2013. (2013-F11)
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That the attached
presentation from S. McCutcheon, Lead, Access to Care, M. Barrett, CEO, South
West Local Health Integration Network, Dr. G. Kernaghan, CEO, St. Joseph’s
Health Centre and M. Glendining, CEO South West Community Care Access Centre,
with respect to Access to Care, BE RECEIVED.
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That the following actions be taken with
respect to the 5th Report of the Animal Welfare Advisory Committee:
a) the
Civic Administration BE REQUESTED to consider the rezoning of 168 Meadowlily
Road to the same OS5 (Open Space) zoning designation as the Meadowlily
Environmentally Sensitive Area (ESA), for the following reasons:
i) the
larger area supports dozens of wildlife species, some of whom are endangered
("a wildlife species that is facing imminent extirpation of
extinction", as defined by the federal Species at Risk Act, such as the
Round Pigtoe mussel) or threatened ("a species that is likely to become
an endangered species if nothing is done to reverse the factors leading to
its extirpation or extinction", such as the Chimney Swift) and rely on
the integrity of the area to survive and thrive;
ii) the
Animal Welfare Advisory Committee (AWAC) does not support any of the options
currently being considered by the Civic Administration, as they will be
detrimental to the ESA, as noted in the communication appended to the 5th
Report of the AWAC; and,
b) clauses 2 to 8, inclusive, of
the Report BE RECEIVED.
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That, on the recommendation of the Council
Housing Leadership Committee (CHLC), the following actions be taken with
respect to the 2nd Report of the CHLC:
a) the
following actions be taken with respect to the 2012 allocation to Habitat for
Humanity, under the Housing Partnership Policy:
i) Habitat
for Humanity London Inc. BE ALLOCATED a grant for their 2012 builds as
follows:
A) $24,000.
00 for the housing unit at 361 Edmonton Street; and,
B) $1,282.78
for the housing unit at 23 Redan Street;
ii) the
above-noted allocation in the total amount of $25,282.78 BE APPROVED in
accordance with the Sources of Financing Report, as appended to the Community
and Protective Services Committee (CPSC) agenda;
b) the
following actions be taken with respect to the Convert-to-Rent/Rehabilitation
Program:
i) Homes
Unlimited (London) Inc. BE ALLOCATED $40,542.00 for one (1) unit at 390
Burwell Street, in accordance with the Sources of Financing Report appended
to the CPSC agenda;
ii) the
proposed by-law, as appended to the 2nd Report of the CHLC, BE INTRODUCED at
the Municipal Council meeting to be held on April 30, 2013 to:
A) approve
the amendment to the grant agreement for the above-noted proposal; and,
B) authorize
the Mayor and the City Clerk to execute the Agreement;
c) the
"Ambassador Housing Leadership Program" presentation from
Councillors J. Swan and S. White BE REFERRED to the City Solicitor and the
Civic Administration for review, with a report back at a future meeting of
the CHLC; it being noted that the CHLC also received a presentation from the
Director of Municipal Housing, with respect to the Housing Supplement
Program; and,
d) clauses 4 to 6 of the Report BE
RECEIVED.
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That, on the recommendation of the Town and
Gown Committee (TGC), the following actions be taken with respect to the 1st
Report of the TGC, from its meeting held on March 27, 2013:
a) the
following actions be taken with respect to the Municipal Council resolution
of October 30, 2012, related to the 1st and 2nd Reports of the Town and Gown
Committee:
i)
the
Mayor BE REQUESTED to write a letter to the London Transit Commission,
requesting delegation status for student and neighbourhood representatives
and interested stakeholders to attend a future London Transit Commission
Board meeting to discuss transit concerns, including but not limited to, the
overcrowding on buses and garbage left at bus stops and to establish ongoing
communication between students, residents and the London Transit Commission;
ii)
a
Working Group of the Town and Gown Committee BE ESTABLISHED to discuss bus
service requirements for students;
iii) the
verbal presentation of J. Ford, Director, Transportation and Planning, London
Transit Commission, with respect to parking modifications on Waterloo Street
and Epworth Avenue BE RECEIVED; and,
iv)
a
Municipal Council resolution, adopted at its meeting held on October 30,
2012, with respect to the 1st and 2nd Reports of the TGC, from its meetings
held on June 27 and August 27, 2012, BE RECEIVED;
b) the
terms of reference for the TGC BE AMENDED to permit regular bi-monthly
meetings of the TGC; it being noted that the current terms of reference
provide for regular meetings of the TGC on a quarterly basis;
c) based
on a presentation by the Manager, Licensing and Municipal Law Enforcement,
the following actions be taken with respect to by-law enforcement matters:
i) the
London Police Services Board BE REQUESTED to provide the Town and Gown
Committee with the Nuisance By-law statistics by area, age group and the
number of students that have been ticketed;
ii) the
Municipal Council BE ADVISED that the TGC expressed its support for the
administration and enforcement of the Residential Rental Units Licensing
By-law, with a focus on addressing substandard housing conditions
proactively, protecting amenities, character and stability of residential
areas and ensuring compliance with the Fire Protection and Promotion Act;
iii)
subject
to the approval of c) ii), above, the London Housing Advisory Committee BE
REQUESTED to consider a similar recommendation;
iv)
the
Municipal Council BE ADVISED that the TGC supports a review of overnight
parking similar to the initiatives that the City of Toronto has implemented;
it being noted that City of Toronto residents may obtain a temporary
on-street parking permit for their guests for either 24 hours or 48 hours;
v)
the
Civic Administration BE ADVISED that the TGC does not support allowing
boulevard parking, between the road and the sidewalk; and
vi)
Western
University and Fanshawe College students BE ASKED to expand the Off-Campus
Advisor Program, a program to provide assistance, information and support to
students who are living off-campus;
d) the
TGC Agenda BE AMENDED to include "Working Groups" and "New
Business" sections; and
e)
clauses 5 to 9 of the Report BE RECEIVED.
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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 J.P. Bryant to
Approve clause 5.
That, on the recommendation of the Managing
Director of Neighbourhood, Children & Fire Services, the following
actions be taken with respect to the Early Childhood Educators (ECE) Labour
Market Partnership (LMP) Research Project:
a) the
proposed by-law, as appended to the staff report dated April 22, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013 to:
i) authorize
and approve a Research Project Agreement, substantially in the form attached
as Schedule 1 to the by-law, for the ECE LMP Research Project, between The
Corporation of the City of London and Her Majesty the Queen in Right of
Ontario as represented by the Ministry of Training, Colleges and
Universities; and
ii) authorize
the Mayor and the City Clerk to execute the above-noted Agreement;
b) the
Civic Administration BE AUTHORIZED to enter into negotiations with
MillierDickinsonBlais for the Project, in accordance with the “Procurement of
Goods and Services Policy” Section 8.5 Approval Authority, clause b;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record with
MillierDickinsonBlais. (2013-S12/C01)
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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, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
RECUSED: P. Van Meerbergen (1)
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Motion made by Councillor W.J. Armstrong to
Approve clause 16.
That the request of Councillor S. Orser,
with respect to the consideration of an Abandoned Shopping Cart By-law, BE
REFERRED to the Civic Administration for report back at a future meeting of
the Community and Protective Services Committee (CPSC) with respect to the
feasibility of this proposal, including details regarding fees and practices
currently utilized within the City and best practices of other
municipalities; it being noted that the CPSC received a communication from M.
Sloan, 11 Genevive Crescent, with respect to this matter. (2013-C01)
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Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Amend clause 16 in line four, by inserting
after the words “including details regarding fees”, the words “,potential
revisions to the existing by-law to address the retrieval and collection of
carts, fines, reporting options on the City website”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen,
D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
NAYS: J.L. Baechler, N. Branscombe, M.
Brown (3)
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Motion made by Councillor S. Orser and
seconded by Councillor B. Polhill to Approve clause 16, as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (11)
NAYS: J.L. Baechler, N. Branscombe, M.
Brown, P. Hubert (4)
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Clause 16, as amended, reads as follows:
That the request of Councillor S. Orser, with
respect to the consideration of an Abandoned Shopping Cart By-law, BE REFERRED
to the Civic Administration for report back at a future meeting of the
Community and Protective Services Committee (CPSC) with respect to the feasibility
of this proposal, including details regarding fees, potential revisions to the
existing by-law to address the retrieval and collection of carts, fines,
reporting options on the City website and practices currently utilized within
the City and best practices of other municipalities; it being noted that the
CPSC received a communication from M. Sloan, 11 Genevive Crescent, with respect
to this matter. (2013-C01)
Motion made by Councillor W.J. Armstrong to
Approve clause 17
That the request of "Youth Create
Healthy Communities" for delegation status before the Community and
Protective Services Committee (CPSC) BE REFERRED to the next CPSC meeting for
consideration; it being noted that the Chair was unable to be in attendance
and was thought to have additional information related to the matter.
(2013-T03)
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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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9th Report of the Planning and Environment
Committee
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Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clause 15.
That, the following actions be taken with
respect to the verbal presentation from the Managing Director, Planning and
City Planner and the Manager, Development Services & Planning Liaison and
the communication, from K. and D. Bice, 2 Leslie Street, relating to
Blackfriars community infill projects:
a) the
Civic Administration BE DIRECTED to report back at a future meeting of the
Planning and Environment Committee with respect to the implementation of an
Interim Control By-law for the area;
b) the
Civic Administration BE DIRECTED to report back at a future meeting of the
Planning and Environment Committee with respect to the initiation of a City
lead rezoning of the subject area from an R2 Zone to an R1 Zone;
c) the
request for a Heritage Conservation District BE PRIORITIZED on the list of
Heritage Conservation Districts that will incorporate heritage character
design guidelines;
d) a
public site plan meeting BE HELD;
e) a by-law
BE INTRODUCED at a future Municipal Council meeting, to amend By-law No.
C.P.-1455-541, a by-law to designated a site plan control area and to
delegate Council’s power under section 41 of the Planning Act, R.S.O.
1990, c.P.13 with respect to an application for site plan approval submitted
by Andrew Hines for the property located at 108 Wilson Avenue;
f) the
Civic Administration BE DIRECTED to consult with representatives from the
Upper Thames River Conservation Authority and the Ministry of Natural
Resources; and,
g) K. Bice, on behalf of area
residents, BE GRANTED delegation status when the Civic Administration reports
back to the Planning and Environment Committee on this matter.
(2013-D04)
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Motion made by Councillor B. Polhill and
seconded by Councillor N. Branscombe to Amend clause 15 as follows:
a)
in
the first line of part a) to delete the words "a future" and
replace them with the words "the May 7, 2013 meeting";
b)
by
deleting part d) in its entirety and replacing it with the following new part
d):
“d)
a public site plan meeting regarding the site plan application for 108 Wilson
Avenue BE HELD;”
c)
in
the first line of part e) by deleting the words "a future" and
replacing them with the words "the May 14, 2013";
d)
by
inserting a new part h) as follows:
“h)
the Civic Administration BE DIRECTED to report back to the Planning and
Environment Committee with respect to establishing a requirement for a public
site plan process for any application where the proposed infill development
proposes a change in use and/or structure that is different from what
currently exists on the site, regardless of whether or not the use is permitted
under the current zoning.”;
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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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Motion made by Councillor B. Polhill and
seconded by Councillor J.L. Baechler to further Amend clause 15 by adding a
new part i) as follows:
“i) that
the Civic Administration BE DIRECTED to include in the report noted in a),
above, information related to recent court decisions regarding “Lodging
House” uses.”
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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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Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve clause 15, as amended.
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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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Clause 15, as amended, reads as follows:
That, the following actions be taken with
respect to the verbal presentation from the Managing Director, Planning and
City Planner and the Manager, Development Services & Planning Liaison and
the communication, from K. and D. Bice, 2 Leslie Street, relating to
Blackfriars community infill projects:
a) the
Civic Administration BE DIRECTED to report back at the May 7, 2013 meeting of
the Planning and Environment Committee with respect to the implementation of an
Interim Control By-law for the area;
b) the
Civic Administration BE DIRECTED to report back at a future meeting of the
Planning and Environment Committee with respect to the initiation of a City
lead rezoning of the subject area from an R2 Zone to an R1 Zone;
c) the
request for a Heritage Conservation District BE PRIORITIZED on the list of
Heritage Conservation Districts that will incorporate heritage character design
guidelines;
d) a
public site plan meeting regarding the site plan application for 108 Wilson
Avenue BE HELD;
e) a by-law
BE INTRODUCED at the May 14, 2013 Municipal Council meeting, to amend By-law
No. C.P.-1455-541, a by-law to designated a site plan control area and to
delegate Council’s power under section 41 of the Planning Act, R.S.O.
1990, c.P.13 with respect to an application for site plan approval submitted by
Andrew Hines for the property located at 108 Wilson Avenue;
f) the
Civic Administration BE DIRECTED to consult with representatives from the Upper
Thames River Conservation Authority and the Ministry of Natural Resources;
g) K. Bice,
on behalf of area residents, BE GRANTED delegation status when the Civic
Administration reports back to the Planning and Environment Committee on this
matter;
h) the Civic
Administration BE DIRECTED to report back to the Planning and Environment
Committee with respect to establishing a requirement for a public site plan
process for any application where the proposed infill development proposes a
change in use and/or structure that is different from what currently exists on
the site, regardless of whether or not the use is permitted under the current
zoning; and,
i)
the
Civic Administration BE DIRECTED to include in the report noted in a), above,
information related to recent court decisions regarding “Lodging House” uses. (2013-D04)
Councillor P. Van
Meerbergen presents.
Motion made by Councillor P. Van Meerbergen
to Approve clauses 1 to 12, excluding clause 9.
|
1.
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Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That, on the recommendation of the
Director, Roads and Transportation, the staff report dated April 22, 2013
with respect to the Dundas Street and Hale Street intersection modifications
BE RECEIVED for information.
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That, on the recommendation of the Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the award of contracts for the
2013 Lifecycle Renewal Program, Contract #6: Clemens Street, Rabb Street and
Landor Street Reconstruction Project (ES2414-11, ES2414-13, EW3765-13,
TS3014-13):
a) the
bid submitted by 1123491 Ontario Incorporated (United Contracting Inc.) 2940
Dingman Drive London ON N6N 1G4, at its tendered price of $1,980,628.40
(excluding H.S.T.), for the 2013 Infrastructure Lifecycle Renewal Program,
Contract #6 project, BE ACCEPTED; it being pointed out that the bid submitted
by United Contracting Inc. was the lowest of six bids received and meets the
City's specifications and requirements in all areas;
b) Development
Engineering (London) Limited (DELL), 41 Adelaide Street North London ON N6B
3P4, 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 $188,760.00 (excluding H.S.T.); it being noted 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) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 22, 2013;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
e) 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 13-37); and,
f) 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 Managing
Director, Environmental & Engineering Services and City Engineer, the
following actions be taken with respect to the award of a contract for the
West Brough’s Bridge Rehabilitation Project (TS1763 - 13):
a) the
bid submitted by McLean Taylor Construction Limited, 25 Water Street, St.
Marys, ON N4X 1B1, at its submitted tendered price of $2,285,243.63
(excluding H.S.T.), for the West Brough’s Bridge Rehabilitation project BE
ACCEPTED; it being noted that the bid submitted by McLean Taylor Construction
Limited was the lowest of six (6) bids received and meets the City's specifications
and requirements in all areas;
b) AECOM
Canada Ltd, 250 York Street, Suite 410, London, Ontario, N6A 6K2 BE
AUTHORIZED to carry out the resident inspection and contract administration
of the said project in the amount of $167,442.00 (excluding H.S.T.), in
accordance with Section 15.2(g) of the Procurement of Goods and Services
Policy;
c) the
consulting fee for the project identified in (b), above, which is in
accordance with the estimate on file, and which is based upon the Fee
Guideline for Professional Engineering Services recommended by the Ontario
Society of Professional Engineers BE APPROVED;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 22, 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 for the material to be supplied and the work to be done
relating to this project (Tender 13-17); 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 Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the award of contracts for the
2013 Lifecycle Renewal Program, Contract #9: Burbrook Place Reconstruction
Project (ES2414-13, EW3765-13, TS3014-13):
a) the
bid submitted by Bre-Ex Ltd. (Bre-Ex), 247 Exeter Road, London, ON, N6L 1A5,
at its tendered price of $1,539,635.15 (excluding H.S.T.), for the 2013
Infrastructure Lifecycle Renewal Program, Contract #9 project, BE ACCEPTED;
it being pointed out that the bid submitted by Bre-Ex was the lowest of nine
bids received and meets the City's specifications and requirements in all
areas;
b) Dillon
Consulting Limited (Dillon), 130 Dufferin Avenue Box 426, London ON, N6A
4W7, 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 $197,477.50 (excluding H.S.T.); it being noted 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 $300.00 BE RECOGNIZED as a result
of this project; it being noted 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 April 22, 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 13-20); 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, Environment, Fleet & Solid Waste, the following actions be
taken with respect to the award of contracts for the W12A Landfill Site -
Cell 7 Landfill Base and Leachate Collection System Construction (SW6021):
a) the
bid submitted by Ron Murphy Contracting Co. Limited, 4412 Manning Drive,
London ON, N6L 1K5, at its submitted tendered price of $3,454,692.20
(excluding H.S.T.), for the W12A Landfill Site - Cell 7 Landfill Base and
Leachate Collection System Construction, BE ACCEPTED; it being pointed out
that the bid submitted by Ron Murphy Contracting Co. Limited was the lowest
of eight compliant bids received and meets the City's specifications and
requirements in all areas;
b) Dillon
Consulting Limited BE AUTHORIZED to carry out resident inspection and
contract administration for the said project in accordance with the estimate,
on file, at an upset amount of $101,197.00 (excluding H.S.T.); it being noted
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, Clause 15.2(g) of
the City of London’s Procurement of Goods and Services Policy;
c) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 22, 2013;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
e) 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 13-48); and,
f) 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 Managing
Director, Environmental & Engineering Services & City Engineer, the
following actions be taken with respect to the Hyde Park No. 4 Stormwater
Management Facility and Stanton Drain Remediation contract:
a) the
replacement of the culvert on Shaw lands originally scheduled within Phase 2
Stanton Drain Remediation Works BE INCLUDED as part of the Hyde Park No. 4
Stormwater Management Facility and Stanton Drain Remediation works by
increasing the upset limit by $230,000 for contract No. 12-60 to
$5,949,479.55 (including contingency, excluding H.S.T.);
b) the
replacement of the storm sewer on Doman Developments Corporate Campus BE
INCLUDED as part of the Hyde Park No. 4 Stormwater Management Facility and
Stanton Drain Remediation project; it being noted that the developer will
construct the storm sewer as part of the servicing for the subdivision;
c) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 22, 2013;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this work;
e) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order relating to the material to be
supplied and the work to be done relating to this project (Tender 12-60);
and,
f) 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)
|
That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with
respect to the Municipal Class Environmental Assessment (EA) Schedule “B”
Study for the Dayus Creek Drainage Area Storm/Drainage and Stormwater
Management (SWM) Remediation/Servicing Works:
a) the
Municipal Class EA Schedule “B” Study Report for the Dayus Creek Drainage
Area Storm/Drainage and SWM Remediation/Servicing Works BE ACCEPTED;
b) a Notice of Completion BE FILED with
the Municipal Clerk; and,
c) the
Municipal Class EA Schedule “B” Study Report for the Dayus Creek Drainage
Area Storm/Drainage and SWM Remediation/Servicing Works BE PLACED on public
record for a 30-day review period. (2013-E20)
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That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with
respect to the Sarnia Road Environmental Assessment (TS1484):
a) the Sarnia Road Environmental
Study Report BE ACCEPTED;
b) a Notice of Completion BE FILED
with the Municipal Clerk; and,
c)
the
Environmental Study Report BE PLACED on public record for a 30-day review
period;
it being further noted that the CWC
received the following submissions with respect to this matter;
- a communication dated April 14, 2013,
from J. and D. Treveithick, University of Western Ontario;
- a communication dated April 8, 2013,
from J. A. S. Castle, 6 Brentwood Place; and,
- a communication dated April 8, 2013,
from T. Savescu;
it being pointed out that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
• J. Treveithick, 557
Leyton Crescent - providing comments as outlined in the attached
communication. (2013-E20)
|
That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with
respect to the Hamilton Road Environmental Assessment (TS2171 & TS2172):
a) the Hamilton Road Environmental
Study Report BE ACCEPTED;
b) a Notice of Completion BE FILED
with the Municipal Clerk; and,
c) the
Environmental Study Report BE PLACED on public record for a 30-day review
period; it being pointed out that at the public participation meeting
associated with this matter, the following individuals made oral submissions
in connection therewith:
•
D.
Cousins, representing L. Patience, 1851 Hamilton Road – asking how solid the
proposed new property line is for future plans.
•
W.
Buck, 1814 Hamilton Road – stating that he shares a laneway with the Forest
City Baptist Church; asking how the proposed roundabout will affect the
laneway; asking how the proposed widening will affect the north side and 1814
Hamilton Road. (2013-E20/T04B)
|
That, the following actions be taken with
respect to the 3rd Report of the Transportation Advisory Committee from its
meeting held on April 2, 2013:
a) notwithstanding
part 11(e)(iii) of clause 5(16) of the Policy Manual, which indicates that
financial grants/contributions or awards to third party individuals,
organizations or groups shall be directed to the appropriate Civic Department
to be addressed through the approval and reporting processes already
established by the Municipal Council for those situations, the amount of
$1,500.00 to support the 2013 Thames Region Ecological Association Bicycle
Festival BE APPROVED from the Transportation Advisory Committee’s (TAC) 2013
Budget; it being noted that the TAC has funded the TREA Bicycle Festival for
a number of years in an effort to educate the public on different modes for
transportation; it being further noted that the TAC reviewed and received a
communication, dated March 22, 2013, and heard a verbal delegation from D.
Szoller, Thames Region Ecological Association, with respect to this matter;
and,
b) clauses 2 to 5 BE RECEIVED.
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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 P. Van Meerbergen
to Approve clause 9.
9.
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Veterans Memorial Parkway Noise Study
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That, on the recommendation of the
Director, Roads and Transportation, the following actions be taken with
respect to the Veterans Memorial Parkway noise improvements:
a) the
Civic Administration BE DIRECTED to introduce a 2014 Budget item for
the Veterans Memorial Parkway Noise Berm Improvements in the amount of
$300,000;
b) the
Civic Administration BE DIRECTED to conduct a noise study upon
completion of the Veterans Memorial Parkway Noise Berm Improvements; and,
c) the
report dated April 22, 2013, presentation and communications with respect to
the Veterans Memorial Parkway Noise Study BE RECEIVED.
it being noted that the Civic Works
Committee (CWC) received the attached presentation from the
Director, Roads and Transportation with respect to this matter;
it being further noted that the CWC
received the following submissions with respect to this matter;
·
a
communication dated April 14, 2013, from L. Johnston, Unit 35 – 217 Martinet
Avenue;
·
a
communication from K. Tyndall, 39 – 217 Martinet Avenue; and,
·
a
communication dated April 15, 2013, from M. Wilkinson, 49 Moreau Crescent;
it being pointed out that at the public
participation meeting associated with this matter, the following individuals
made oral submissions in connection therewith:
·
N.
Sauter, Argyle Community Association, 204 Tremont Road – advising that he
would be speaking on behalf of C. Dodds, 248 Simpson Crescent as she was ill;
advising that the noise barrier is a priority for the Association; indicating
that 2,000 residents along the Veterans Memorial Parkway are exposed to
excessive traffic noise; advising that the noise attenuation study only
sampled four locations; indicating that an additional 1/2 metre of dirt at a
cost of $300,000.00 will not solve the problem and that a local contractor
has said they complete a wall for $800,000.00 less than the City’s estimate;
requesting that Council carefully use logic to find an acceptable solution
and not throw away $300,000 on a bandaid solution.
·
M.
Facey, 151 Martinet Avenue – stating she has been an area resident for 13
years and the issue is not every day traffic but truck traffic which has
increased dramatically; enquiring how testing in one location at the far end
of a residential complex can possibly indicate results for all 17 properties;
inviting Council to visit the location; indicating that the traffic can be
seen from the second floor of the residence so there is a need to break the
line of sight between the second floor and the traffic; stating that the berm
does not take care of the first floor of the residence, let alone the second
floor; stating that heavy trucks travelling at 80 km feel like small
earthquakes and questioning the effects on the structural integrity of the
homes in the area; noting that the berm will not stop the vibrations;
recommending that a more pleasing option than a weedy berm be erected to
honour our veterans; indicating that the noise level will continue to
increase as area businesses grow, the issue is not going away and the costs
to rectify will only increase as well; and stating that the residents live
with this every day and deserve a better solution than a bandaid berm.
·
J.
Thibodeau, 112 Selkirk Street – stating she regularly visits Simpson Crescent
and is often required to halt backyard conversations due to the noise level;
indicating that the traffic is only 50 feet away from the residence’s back
fence; stating that road speeds, brakes and motorcycle traffic create
significant noise; indicating the community was promised a noise barrier and
it has not been delivered; questioning why areas like Cheapside, with traffic
travelling at lower speeds and volumes, have noise wall barriers; indicating
that this is a unique situation; and requesting that Council do the right
thing and install a noise wall barrier and not a bandaid solution berm, which
is currently ineffective.
·
D.
Garner, 15-511 Admiral Drive – stating she is a concerned citizen who has
remained silent to date; suggesting that Council is hearing but not
listening; stating that the berm is not effective; indicating that new
business will increase traffic and noise; asking if Council is meeting their
responsibilities and questioning why they would not want to improve the
quality of life for their citizens; indicating that noise walls have been
built in other neighbourhoods with less traffic and noise; indicating that a
promise of a noise wall was made 10 years ago; stating that the noise makes
it impossible to use the backyard and open the windows; stating that a berm
and trees have been installed but is not working; requesting that Council
keep their promise and build the wall.
·
C.
Dodds, 248 Simpson Crescent – stating she would be reading a letter on behalf
of K. Schnittker, 252 Simpson Crescent; indicating that the quality of life is
affected and doors and windows have to remain shut; noting that there is
extremely heavy traffic and the continuous hum of heavy trucks and airbrake
noise doesn’t allow sleep with open windows, therefore, increasing air
conditioning costs and decreasing the housing value; suggesting that an
increased dirt pile and trees will not work; and indicating that she doesn’t
want to think East-end residents are treated differently, because the
East-end residents are as important too.
·
K.
Tyndall, 217 Martinett – providing comments as outlined in the attached
communication; advising that she was representing all residents of 217
Martinett; suggesting that their concerns have been disregarded; indicating
that increasing the berm is nothing more than a cheap band aid solution and
does not solve the issue; stating that they are not prepared to put up with
the noise and requesting the City acknowledge and treat the 4-lane highway
with truck traffic the same as other areas of London with 2 lane residential
traffic where noise walls have been installed; advising that prior to the
road widening they were assured they would receive a noise wall, and are now
being told there is no record of this; stating that windows and doors can not
be opened and air conditioners need to be used due to the noise; stating that
prospective buyers like the houses but not the noise; stating that it is
proven that noise is detrimental to human health; and requesting that Council
approve an effective noise wall.
·
M.
Wilkinson, 49 Moreau Crescent – providing comments as outlined in the attached
communication; and indicating the tests do not reflect peak hours, but the
average, which doesn’t make sense; and expressing frustration that some
neighbourhoods need and get noise walls while his neighbourhood does not.
·
G.
Sunstrum, 151 Martinet Avenue – suggesting that Council has a responsibility
to provide a quality of life; indicating they have a tough decision to make,
and that $650,000 was spent on a light show, shown 10 minutes twice a night
for a week and $150,000 on planter pots for visitors for 1 week and yet
Council is not willing to invest in a noise wall for lifetime residents;
requesting Council to make the appropriate decision to support taxpayers.
·
R.
Banks, Design Concrete Systems, 3278 Colonel Talbot Road, Lambeth – stating
he was asked by the residents to speak; indicating he had done some research
on the installation of walls and that the estimates don’t jive; that in the
past a competitor had a monopoly on the business; indicating that his company
could complete the job more reasonably with a savings for the installation of
the wall option of between $800,000.00 and $943,000.00.
·
E.
Matichuk, 37-217 Martinet Avenue – playing an audio soundtrack of the traffic
noise taken from her second floor bedroom window, located above the berm, at
11:30 pm; pointing out the difference between car and truck traffic noise;
stating that the vibrations from the large truck traffic shake her glassware;
suggesting that the proposed increase to the berm will not solve these
issues; and indicating support for area residents.
it being noted that L. Munds, 28-511
Admiral Avenue, was not in attendance to speak to this matter. (2013-T04A)
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Refer clause 9 back to the Civic
Administration to consider what might be the optimal mix of noise attenuation
measures along the Veterans Memorial Parkway, based upon the additional
information that has been provided, which measures could include a mix of berms,
fences and walls.
|
At 6:19 PM, His Worship the Mayor places
Councillor P. Hubert in the Chair, and takes a seat at the Council Board.
|
At 6:28 PM, His Worship the Mayor resumes
the Chair, and Councillor P. Hubert takes his seat at the Council Board.
|
The motion to Refer clause 9 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, D. Brown, J.P. Bryant, S.E. White (12)
NAYS: P. Hubert, P. Van Meerbergen, H.L.
Usher (3)
|
|
9th Report of the Planning and Environment
Committee (Continued)
|
Councillor B. Polhill
presents.
The Chair directs that clause 6 be considered
in conjunction with clause 13.
Motion made by Councillor B. Polhill to
Approve clauses 6 and 13.
6.
|
5th Report of the London Advisory Committee
on Heritage
|
That the following actions be taken with
respect to the 5th Report of the London Advisory Committee on Heritage from
its meeting held on April 10, 2013:
a) the
following actions be taken with respect to the Heritage Alteration
Application for 534 English Street:
i)
on
the recommendation of the Managing Director, Planning and City Planner, with
the advice of the Heritage Planner, the Heritage Alteration Permit
Application of M. McCullough, requesting permission for a solar panel
installation on the designated heritage property located at 534 English
Street, BE APPROVED; it being noted that the Heritage Planner has reviewed
the proposed installation and has advised that the impact of such alteration
on the heritage features of the property identified in the reasons for
designation is necessary for the purpose intended and is reversible in the
future; and,
ii) subject
to the approval of i), above, the London Advisory Committee on Heritage
(LACH) recommends that a black background solar panel BE REQUIRED;
it being
noted that the LACH heard a verbal delegation from A. Hall-Holland, on behalf
of the owner, M. McCullough, with respect to this matter;
b) on the
recommendation of the Managing Director, Planning and City Planner, with the
advice of the Heritage Planner, the Heritage Alteration Permit Application of
J. Tedesco, requesting permission for an sign alteration to the designated
heritage property located at 762 Dundas Street, BE APPROVED; it being noted
that the Heritage Planner has reviewed the proposed alteration and has
advised that the impact of such alteration on the heritage features of the
property identified in the reasons for designation is reversible; it being
further noted that the London Advisory Committee on Heritage (LACH) heard a
verbal delegation from M. Hussein, with respect to this matter;
c) the following
actions be taken with respect to the property located at 275 Thames Street
(Fugitive Slave Chapel):
i) a
notice of the Municipal Council's intention to designate the property located
at 275 Thames Street 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;
ii) the
City of London BE REQUESTED to establish a source of financing for an
Archaeological Assessment of the properties located at 275 Thames Street
(Fugitive Slave Chapel) and the two adjacent properties located at 277 and
281 Thames Street;
iii) the
garage and the most westerly addition of 275 Thames Street (Fugitive Slave
Chapel) BE REMOVED; it being noted that the London Advisory Committee on
Heritage (LACH) was advised by G. Goodlet with respect to a communication
from the Architectural Conservancy of Ontario stating that a professional
opinion had been received recommending the removal of these structures; it
being further noted that the removal of the structures should be delayed
until such time as an Archaeological Assessment has been carried out;
it being also noted
that the LACH reviewed and received the following with respect to this
matter:
·
a
communication dated November 9, 2011, from J. Rees, Beamish, the Living
Museum of the North, with respect to moving buildings;
·
a
communication dated April 5, 2013, from H. Martelle, Heritage Consultants
Inc.;
·
a
verbal delegation from D. Erksine, Aboutown Transportation;
·
a
verbal delegation from G. Hodder, Architectural Conservancy of Ontario; and,
·
a
verbal delegation from S. Baidoobonso and D. McNeish, Fugitive Slave Chapel
Preservation Project, and E. Corrigan, and was provided with written material
on the history of the Fugitive Slave Chapel, 275 Thames Street;
d) the
following actions be taken with respect to the Heritage Alteration Application
for 792 Lorne Avenue:
i) on
the recommendation of the Managing Director, Planning and City Planner, with
the advice of the Heritage Planner, the Heritage Alteration Permit
Application of J. Eastabrook, requesting permission for alterations to the
designated heritage property located at 792 Lorne Avenue, BE APPROVED; 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; and,
ii) subject
to the approval noted in a), above, the London Advisory Committee on Heritage
(LACH) recommends that wood BE USED in place of the proposed composite wood
Trex for the frames and porch deck;
e) that
clauses 5 through 9, inclusive, of the 5th Report of the LACH, BE RECEIVED;
it being noted that the
Planning and Environment Committee heard a verbal presentation from George
Goodlet, Chair, LACH, with respect to these matters.
|
Motion made by Councillor B. Polhill and
seconded by Councillor S.E. White to Amend clause 6 by deleting part c)i) in
its entirety and renumbering part c) accordingly.
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, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: P. Van Meerbergen (1)
RECUSED: D. Brown (1)
|
Motion made by Councillor H.L. Usher and
seconded by Councillor S.E. White to Approve clause 6, as amended.
|
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)
|
Clause 6, as amended, reads as follows:
That the following actions be taken with
respect to the 5th Report of the London Advisory Committee on Heritage from its
meeting held on April 10, 2013:
a) the
following actions be taken with respect to the Heritage Alteration Application
for 534 English Street:
i)
on
the recommendation of the Managing Director, Planning and City Planner, with
the advice of the Heritage Planner, the Heritage Alteration Permit Application
of M. McCullough, requesting permission for a solar panel installation on the designated
heritage property located at 534 English Street, BE APPROVED; it being noted
that the Heritage Planner has reviewed the proposed installation and has
advised that the impact of such alteration on the heritage features of the
property identified in the reasons for designation is necessary for the purpose
intended and is reversible in the future; and,
ii) subject
to the approval of i), above, the London Advisory Committee on Heritage (LACH)
recommends that a black background solar panel BE REQUIRED;
it being
noted that the LACH heard a verbal delegation from A. Hall-Holland, on behalf
of the owner, M. McCullough, with respect to this matter;
b) on the
recommendation of the Managing Director, Planning and City Planner, with the
advice of the Heritage Planner, the Heritage Alteration Permit Application of
J. Tedesco, requesting permission for an sign alteration to the designated
heritage property located at 762 Dundas Street, BE APPROVED; it being noted
that the Heritage Planner has reviewed the proposed alteration and has advised
that the impact of such alteration on the heritage features of the property
identified in the reasons for designation is reversible; it being further noted
that the London Advisory Committee on Heritage (LACH) heard a verbal delegation
from M. Hussein, with respect to this matter;
c) the following actions
be taken with respect to the property located at 275 Thames Street (Fugitive
Slave Chapel):
i) the
City of London BE REQUESTED to establish a source of financing for an
Archaeological Assessment of the properties located at 275 Thames Street
(Fugitive Slave Chapel) and the two adjacent properties located at 277 and 281
Thames Street;
ii) the
garage and the most westerly addition of 275 Thames Street (Fugitive Slave Chapel)
BE REMOVED; it being noted that the London Advisory Committee on Heritage
(LACH) was advised by G. Goodlet with respect to a communication from the
Architectural Conservancy of Ontario stating that a professional opinion had
been received recommending the removal of these structures; it being further
noted that the removal of the structures should be delayed until such time as
an Archaeological Assessment has been carried out;
it being also noted
that the LACH reviewed and received the following with respect to this matter:
·
a
communication dated November 9, 2011, from J. Rees, Beamish, the Living Museum
of the North, with respect to moving buildings;
·
a
communication dated April 5, 2013, from H. Martelle, Heritage Consultants Inc.;
·
a
verbal delegation from D. Erksine, Aboutown Transportation;
·
a
verbal delegation from G. Hodder, Architectural Conservancy of Ontario; and,
·
a
verbal delegation from S. Baidoobonso and D. McNeish, Fugitive Slave Chapel
Preservation Project, and E. Corrigan, and was provided with written material
on the history of the Fugitive Slave Chapel, 275 Thames Street;
d) the
following actions be taken with respect to the Heritage Alteration Application
for 792 Lorne Avenue:
i) on
the recommendation of the Managing Director, Planning and City Planner, with
the advice of the Heritage Planner, the Heritage Alteration Permit Application
of J. Eastabrook, requesting permission for alterations to the designated
heritage property located at 792 Lorne Avenue, BE APPROVED; 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; and,
ii) subject
to the approval noted in a), above, the London Advisory Committee on Heritage
(LACH) recommends that wood BE USED in place of the proposed composite wood
Trex for the frames and porch deck;
e) that
clauses 5 through 9, inclusive, of the 5th Report of the LACH, BE RECEIVED;
it being noted that the Planning
and Environment Committee heard a verbal presentation from George Goodlet,
Chair, LACH, with respect to these matters.
Motion made by Councillor B. Polhill to
Approve clause 13.
That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Heritage Planner,
the following actions be taken regarding the listed properties located at
275, 277 and 281 Thames Street:
a) the
Chief Building Official BE ADVISED that, subject to archaeological matters
being addressed, the Municipal Council does not intend to designate the
properties located at 277 and 281 Thames Street under Section 29 of the Ontario
Heritage Act; it being noted that the London Advisory Committee on
Heritage (LACH) has been consulted on this matter;
b) if
the applicant concurs with a deferral of the demolition request for the
property located at 275 Thames Street, Notice of Intent to designate the
property located at 275 Thames Street, pursuant to Section 29 of the Ontario
Heritage Act, BE DEFERRED pending the possible relocation of the main
building to another site;
c) if
the relocation of the main building to a new site is not possible, the
Municipal Council BE REQUESTED to issue a Notice of Intent to designate the
property located at 275 Thames Street for the reasons identified in the
Statement of Cultural Heritage Value or Interest, as appended to the staff
report dated April 23, 2013; it being noted that if the main building can be
successfully located to another site, a revised Statement of Cultural
Heritage Value or Interest to refer to its new location shall be required;
d) if
the relocation of the building at 275 Thames Street requires a zoning
amendment, the Civic Administration BE DIRECTED to initiate a City initiated
zoning amendment to expedite this process;
e) the
Civic Administration BE DIRECTED to assist with the historical interpretation
of the Thames Street neighbourhood, through interpretive signage or a commemorative
monument, in a place that is easily accessible to the public; it being noted
that consultation among the Historic Sites Committee, the London Advisory
Committee on Heritage and the Fugitive Slave Chapel Preservation Project is
encouraged; and,
it being noted that
the archaeological/heritage community hopes to initiate a community driven
archaeological assessment of the site and that the Civic Administration will
advise the Municipal Council should there be a request for additional support
for such an assessment; and,
it
being further noted that the Civic Administration will report back on the
progress prior to the 60 day deferral;
f) the
Civic Administration BE DIRECTED to establish a source of financing to
support an archaeological assessment on all three properties (275, 277 and
281 Thames Street);
it being noted that the Planning and
Environment Committee reviewed and received the following communications:
·
a
communication, dated April 12, 2013, from G. Hodder,
President, Architectural Conservancy of Ontario London Region;
·
a
communication, dated March 20, 2013, from S. Baidoobonso,
Chair, London Black History Coordinating Committee;
·
a
communication, dated April 14, 2013, S. McRae, President,
London and Middlesex Historical Society;
·
a
communication, dated April 14, 2013, from M. Mlotha, Board
of Directors, African Canadian Federation of London & Area;
·
a
communication, dated April 12, 2013, from J. Odanga
Edubagwa (PhD), President, Kenyan-Canadians in London Ontario;
·
a
communication, dated March 16, 2013, from I. Seddon, 138 Chalet Crescent;
·
a
communication from R. Cory, 193 Duchess Avenue; and,
·
a
communication, dated April 14, 2013, from S. Liggett, Chair, Hidden History
of Hamilton Road Committee;
it being pointed
out that at the public participation meeting associated with this matter,
the following individuals made oral submissions in connection therewith:
·
Mark
Snowsell, Upper Thames River Conservation Authority – advising that the focus
is where it should be, on the cultural aspect of the property; indicating
that the properties are located in the floodplain and may also be in the
floodway; advising that this may cause issues and constraints and may trigger
a planning application.
·
Gary
Brown, 35A – 59 Ridout Street – advising that this is a larger context than
the City of London; asking people to imagine the outrage if someone wanted to
tear down Shakespeare’s home; advising that he first heard about the Chapel
in the early 1980’s from his grandparents who were visiting from England;
indicating that the Church welcomes needy people; advising that the owner is
proposing to remove the building to install a parking lot; noting that four
buildings are being removed at Western Fair and buildings are being removed
at Thames Park to install parking lots; recommending that the building be
designated; and advising that not dealing with the matter tonight just delays
it and the same conclusion will be reached.
·
Joe
O’Neil, Jr, 350 William Street – advising that this is part of the
Underground Railroad; advising that there is a plaque in Victoria Park
delineating the first Black School in London; advising that Garland H. White,
War Secretary for Abraham Lincoln, was the first person to suggest having
coloured troops; advising that they are pushing for historical designation of
the Chapel; advising that this matter is being watched by other Black groups
across Ontario; indicating that co-operation from the owner is paramount;
recommending that history and property rights be balanced; expressing support
for the archaeological digs; indicating that the potential for burials behind
the Chapel is low as the area was all swamps; and advising that there is a
lot of support for the preservation of the Chapel.
·
Tanya
Park, 300 South Street, President, SoHo Community Association – expressing
support for the retention of the Chapel; advising that the historical
significance of the Chapel is the equivalent to Banting House and Fanshawe
Pioneer Village; indicating that it could be a tourist attraction; indicating
that it reconnects Beth Emmanuel Church with its roots; and advising that
Beth Emmanuel Church feeds 200 people a week in a room that fits 40 people.
·
Reverend
Delta McNeish, Beth Emmanuel Church – expressing appreciation to everyone who
has attended the Planning and Environment Committee meeting; advising that
the building is extremely important to them and will benefit the community;
and advising that she would like the building moved to the Church property.
·
Oliver
Hobson, 45 Evergreen Avenue – indicating that he is a representative on the
London Advisory Committee on Heritage; advising that the building and
backyards are rich in potential for artifacts; and, requesting that the City
tread carefully as he has seen pushback when the City designates a building
against the owners’ wishes.
·
Roberta
Cory, 485 Duchess Avenue – advising that the fact that the Chapel exists and
is in London is a big deal; advising that it represents the dreams, hopes and
aspirations of so many people; noting that not everyone made it to the Chapel;
advising that she was recently in Maryland, USA, and they are very interested
in information on the Chapel; and advising that it connects both entrances of
the Railway, from Niagara to Detroit.
·
Roxanne
Lutz, 8 Argyle Street – advising that there is lots of talk about budget and
funding; and enquiring whether or not there could be funding for a project
like this.
·
James
Donnelly, President, Aboutown Transportation – see attached
communication.
·
Derek
McBurney, 4 – 466 South Street – advising that the Chapel was a wonderful
place to visit as a child; indicating that you could still talk to
grandparents and great grandparents who went through the Chapel; and advising
that the City needs to rediscover its history. (2013-P10D/R01)
|
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Amend clause 13, by replacing the first
paragraph of part e) with the following new paragraph:
“e)
the Civic Administration BE DIRECTED to assist with the historical
interpretation of the Thames Street Neighbourhood through interpretive
signage and a commemorative monument at 275 Thames Street, together with
markers at the four corners of the existing building, in a place that is
easily accessible to the public; it being noted that consultation among the
Historical Site Committee, the London Advisory Committee on Heritage and the
Fugitive Slave Chapel Preservation project is encourage; and”.
|
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 B. Polhill and
seconded by Councillor S.E. White to Approve clause 13, as amended.
|
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)
|
Clause 13, as amended, reads as follows:
That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Heritage Planner,
the following actions be taken regarding the listed properties located at 275,
277 and 281 Thames Street:
a) the
Chief Building Official BE ADVISED that, subject to archaeological matters
being addressed, the Municipal Council does not intend to designate the
properties located at 277 and 281 Thames Street under Section 29 of the Ontario
Heritage Act; it being noted that the London Advisory Committee on Heritage
(LACH) has been consulted on this matter;
b) if
the applicant concurs with a deferral of the demolition request for the
property located at 275 Thames Street, Notice of Intent to designate the
property located at 275 Thames Street, pursuant to Section 29 of the Ontario
Heritage Act, BE DEFERRED pending the possible relocation of the main
building to another site;
c) if
the relocation of the main building to a new site is not possible, the
Municipal Council BE REQUESTED to issue a Notice of Intent to designate the
property located at 275 Thames Street for the reasons identified in the
Statement of Cultural Heritage Value or Interest, as appended to the staff
report dated April 23, 2013; it being noted that if the main building can be
successfully located to another site, a revised Statement of Cultural Heritage
Value or Interest to refer to its new location shall be required;
d) if
the relocation of the building at 275 Thames Street requires a zoning
amendment, the Civic Administration BE DIRECTED to initiate a City initiated
zoning amendment to expedite this process;
e) the
Civic Administration BE DIRECTED to assist with the historical interpretation
of the Thames Street Neighbourhood through interpretive signage and a commemorative
monument at 275 Thames Street, together with markers at the four corners of the
existing building, in a place that is easily accessible to the public; it being
noted that consultation among the Historic Sites Committee, the London Advisory
Committee on Heritage and the Fugitive Slave Chapel Preservation Project is
encouraged; and,
it being noted that
the archaeological/heritage community hopes to initiate a community driven
archaeological assessment of the site and that the Civic Administration will
advise the Municipal Council should there be a request for additional support
for such an assessment; and,
it
being further noted that the Civic Administration will report back on the
progress prior to the 60 day deferral;
f) the
Civic Administration BE DIRECTED to establish a source of financing to support
an archaeological assessment on all three properties (275, 277 and 281 Thames
Street);
it being noted that the Planning and
Environment Committee reviewed and received the following communications:
·
a
communication, dated April 12, 2013, from G. Hodder, President, Architectural
Conservancy of Ontario London Region;
·
a
communication, dated March 20, 2013, from S. Baidoobonso, Chair, London Black
History Coordinating Committee;
·
a
communication, dated April 14, 2013, S. McRae, President, London and Middlesex
Historical Society;
·
a
communication, dated April 14, 2013, from M. Mlotha, Board of Directors,
African Canadian Federation of London & Area;
·
a
communication, dated April 12, 2013, from J. Odanga Edubagwa (PhD), President,
Kenyan-Canadians in London Ontario;
·
a
communication, dated March 16, 2013, from I. Seddon, 138 Chalet Crescent;
·
a
communication from R. Cory, 193 Duchess Avenue; and,
·
a
communication, dated April 14, 2013, from S. Liggett, Chair, Hidden History of
Hamilton Road Committee;
it being pointed out
that at the public participation meeting associated with this matter,
the following individuals made oral submissions in connection therewith:
·
Mark
Snowsell, Upper Thames River Conservation Authority – advising that the focus
is where it should be, on the cultural aspect of the property; indicating that
the properties are located in the floodplain and may also be in the floodway;
advising that this may cause issues and constraints and may trigger a planning
application.
·
Gary
Brown, 35A – 59 Ridout Street – advising that this is a larger context than the
City of London; asking people to imagine the outrage if someone wanted to tear
down Shakespeare’s home; advising that he first heard about the Chapel in the
early 1980’s from his grandparents who were visiting from England; indicating
that the Church welcomes needy people; advising that the owner is proposing to
remove the building to install a parking lot; noting that four buildings are
being removed at Western Fair and buildings are being removed at Thames Park to
install parking lots; recommending that the building be designated; and
advising that not dealing with the matter tonight just delays it and the same
conclusion will be reached.
·
Joe
O’Neil, Jr, 350 William Street – advising that this is part of the Underground
Railroad; advising that there is a plaque in Victoria Park delineating the
first Black School in London; advising that Garland H. White, War Secretary for
Abraham Lincoln, was the first person to suggest having coloured troops;
advising that they are pushing for historical designation of the Chapel;
advising that this matter is being watched by other Black groups across
Ontario; indicating that co-operation from the owner is paramount; recommending
that history and property rights be balanced; expressing support for the
archaeological digs; indicating that the potential for burials behind the
Chapel is low as the area was all swamps; and advising that there is a lot of
support for the preservation of the Chapel.
·
Tanya
Park, 300 South Street, President, SoHo Community Association – expressing
support for the retention of the Chapel; advising that the historical
significance of the Chapel is the equivalent to Banting House and Fanshawe
Pioneer Village; indicating that it could be a tourist attraction; indicating
that it reconnects Beth Emmanuel Church with its roots; and advising that Beth
Emmanuel Church feeds 200 people a week in a room that fits 40 people.
·
Reverend
Delta McNeish, Beth Emmanuel Church – expressing appreciation to everyone who
has attended the Planning and Environment Committee meeting; advising that the
building is extremely important to them and will benefit the community; and
advising that she would like the building moved to the Church property.
·
Oliver
Hobson, 45 Evergreen Avenue – indicating that he is a representative on the
London Advisory Committee on Heritage; advising that the building and backyards
are rich in potential for artifacts; and, requesting that the City tread
carefully as he has seen pushback when the City designates a building against
the owners’ wishes.
·
Roberta
Cory, 485 Duchess Avenue – advising that the fact that the Chapel exists and is
in London is a big deal; advising that it represents the dreams, hopes and
aspirations of so many people; noting that not everyone made it to the Chapel;
advising that she was recently in Maryland, USA, and they are very interested
in information on the Chapel; and advising that it connects both entrances of
the Railway, from Niagara to Detroit.
·
Roxanne
Lutz, 8 Argyle Street – advising that there is lots of talk about budget and
funding; and enquiring whether or not there could be funding for a project like
this.
·
James
Donnelly, President, Aboutown Transportation – see attached
communication.
·
Derek
McBurney, 4 – 466 South Street – advising that the Chapel was a wonderful place
to visit as a child; indicating that you could still talk to grandparents and
great grandparents who went through the Chapel; and advising that the City
needs to rediscover its history. (2013-P10D/R01)
Motion made by Councillor P. Hubert and
seconded by Councillor J.B. Swan to Recess.
Motion Passed
|
Council recesses at 7:16 PM and reconvenes at
8:00 PM with Mayor J.F. Fontana in the Chair and all Members present.
Councillor B. Polhill
presents
Motion made by Councillor B. Polhill to
Approve clauses 1 to 14, excluding clauses 4, 6, 12 and 13.
|
That it BE NOTED that no pecuniary
interests were disclosed.
|
That the 3rd Report of the Trees and
Forests Advisory Committee from its meeting held on March 27, 2013 BE
RECEIVED.
|
That the 4th Report of the Advisory
Committee on the Environment from its meeting held on April 3, 2013 BE
RECEIVED.
|
That the Building Division Monthly Report
for February 2013 BE RECEIVED. (2013-D00)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of the City of London, relating to various streets
listed in Section 4.21 of Zoning By-law No. Z.-1:
a) the
proposed by-law, as appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013 to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to add,
amend and delete various streets listed in Section 4.21 “Road Allowance
Requirements – Specific Roads” of Zoning By-law No. Z.-1; and,
b) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of the City of London, relating to a City Wide
amendment to Zoning By-law No. Z.-1 pertaining to stacked parking:
a) the
proposed by-law, as appended to the staff report dated April 23, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to:
i) add
to Section 2 Definitions, between “SPECIES, VULNERABLE OR SPECIES AT RISK”
and “STACKING LANE”, the definition “STACKED PARKING” means a parking space
that is positioned above or below another parking space and is accessed by
means of an elevating device;
ii) change
Section 4.19 2) to add, at the end of the sentence, the words “but does not
apply to stacked parking”;
iii)
to
change Section 4.19 6) (b) to add, at the end of the sentence, the words “but
does not apply to stacked parking”; and,
iv)
to
change Section 4.19 6) (c) by deleting the word “or” after “dwelling” and
before “townhouse”, and adding the words “or stacked parking” after
“dwelling” and before “provided” and adding the words after “unit” “and when
using stacked parking, to provide required parking, that the following shall
be required:
A) stacked
parking be located wholly within a structure; and,
B) a
development agreement be entered into which includes:
I) implementation
of all mitigation measures recommended in a Traffic Impact Analysis which
includes a functional parking study to the satisfaction of the City;
II) implementation
of all mitigation measures recommended in a noise and vibration study to the
satisfaction of the City; and,
III) a
qualified operator, certified by TSSA, in the operation of a stacked parking
device be provided at all times.”;
b) the
proposed by-law, as appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change Section 4.19 6) (d) by adding the words “stacked parking” between the
words “barrier” and “or” and to add the words “but does not include the use
of any fee to remove these temporary barriers to any driveway or entrance
required to access a required parking space excluding institutional uses and
legally established commercial parking structures or lots” after the word
“vehicle”;
it
being pointed out that there were no oral submissions made at the public
participation meeting associated with this matter. (2013-D14A)
|
That, on the recommendation of the Manager,
Development Services and Planning Liaison, the following actions be taken
with respect to the Site Plan approval application of Old Oak Properties,
relating to the properties located at 325, 345, 365 & 385 Sugar Creek
Trail:
a) the
Approval Authority BE ADVISED that there were no issues raised at the public
participation meeting of the Planning and Environment Committee with respect
to the application for site plan approval;
b) the
Approval Authority BE ADVISED that Municipal Council supports the granting of
approval of the site plan application, as appended to the staff report dated
April 23, 2013, for four apartment buildings at 325, 345, 365 & 386 Sugar
Creek Trail; and,
c) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix “A” to the associated staff
report, dated April 23, 2013;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D11)
|
That, on the recommendation of the Manager,
Development Planning, based on the application of Cobblestone Gate Land
Corp., relating to the property located at 160 Sunningdale Road West, the
proposed by-law, as appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 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 R1 (h.
h-100 R1-6) Zone, which permits single detached dwellings with an interior
sideyard setback of 1.2 metres for a one storey dwelling plus 0.6 metres for
each storey above one storey TO a Holding Residential R1 Special Provisions
(h. h-100 R1-6(4)) Zone, which permits single detached dwellings with a 1.2
metre interior sideyard setback regardless of the number of storeys;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Robert Edward and Cindy Lynn Sedge, relating to
the property located at 736 Talbot Street:
a) the
proposed by-law, as appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 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 Holding Residential R10
(h-1*R10-3*H-36) Zone, which permits apartment buildings to a maximum height
of 36 metres and a maximum density of 250 units per hectare, TO a Holding
Business District Commercial Special Provision (h-1*BDC( )) Zone, which
permits a 4 storey mixed use apartment building with offices and studios on
the ground floor and 9 residential dwelling units located in the rear portion
of the ground floor or above the ground floor with a maximum height of 12
metres and maximum density of 250 units per hectare, a maximum lot coverage
of 78% and a minimum of 6 parking spaces with a holding provision to ensure
noise and vibration measures are incorporated into the building design;
b) the
Site Plan Approval Authority BE REQUESTED to address the following design
matters:
·
ensure
that the roof style is consistent with the neighbourhood character. A flat
roof style should be considered as a design alternative to the Mansard roof
to respond to the neighbourhood character and building type;
·
create
an urban courtyard environment at the north-west corner of the site to
improve the visibility of the commercial entrance. Reconfigure landscaping to
achieve this, including removing or relocating the proposed landscaping along
Piccadilly Street;
·
provide
a more prominent principal entrance at Piccadilly and Talbot Streets to
improve the visibility of the commercial unit. This can be achieved through
the building massing by creating an angled entrance (within the visibility
triangle) as well as providing a more prominent canopy feature;
·
emphasize
the residential entrance on Piccadilly Street through architectural elements,
such as a small overhang/canopy feature, and align the windows above with
this entrance;
·
ensure
that any signage proposed for the commercial unit is integrated within the
façade;
·
explore
opportunities to break up the visual bulk of the south elevation through
recesses in the façade; and,
·
provide
additional French balconies, where possible, to break up the visual bulk of
the façades; and,
c) the
Civic Administration BE REQUESTED to report back to the Planning and
Environment Committee, upon completion of the design matters outlined in part
b), above;
it being pointed out that there were no
oral submissions made at the public participation meeting associated
with this matter. (2013-D14A)
|
14.
|
Industrial Lands Review (O-8014)
|
That, on the recommendation of the Managing
Director, Planning and City Planner, the staff report, dated April 23, 2013, BE
RECEIVED for information in association with the April 23, 2013 public
participation meeting regarding the Urban Growth Boundary expansion for
future industrial development, it being noted that a proposed Official Plan
Amendment to expand the Urban Growth Boundary for future industrial
development will be considered at a future public participation meeting;
it being pointed out that
at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Sean
Ford, 15875 Robins Hill Road – expressing appreciation for the opportunity to
speak; expressing appreciation to the Civic Administration for the efforts on
this matter; expressing support for the 500 hectares of new Urban Reserve
Industrial Growth Lands; expressing an interest in the Wilton Grove and
Highbury Avenue area; expressing support for the Highway 401 and Highway 402
strategy; indicating that the 500 hectares may be on the light side; advising
that there have been four large sites that have been completed; expressing
support for the Evaluation Criteria; requesting that the Civic Administration
be flexible; and indicating that some locations will sell faster than others.
·
Joseph
Plutino, Mainline – see attached communication.
·
Brad
McLellan, 4759 Wellington Road South – indicating that the Exeter
Road/Highway 401 entrance to London is not utilized; advising that this is a
great opportunity to expand infill; advising that infill should be undertaken
near White Oak Road; advising that, near Orgaworld, there should be more
Light Industrial development; advising that you can travel straight across
Westminster Road and the only bottleneck is the Westminster Bridge;
indicating that the Shaver subdivision has a public and a high school and you
should consider building Light Industrial in that area; indicating that the
area around Highway 401 should be Commercial; advising that on Wellington
Road South, you have hydro, water, sewers and trunk lines for both Rogers and
Bell; advising that the area on Wellington Road South has high visibility;
recommending that Dingman Drive be surrounded with Light Industrial;
suggesting that you need more than 500 hectares of land; and indicating that
large companies are looking for a lot of land.
·
Jack,
3226 Westminster Drive and representing his neighbors at 3356 Westminster
Drive and 3045 Dingman Drive – expressing support for the Industrial Land
Strategy; requesting that the City does what it can now rather than waiting
for 10 years; requesting that what you say you will do, is what is done;
requesting that the Civic Administration work with the private landowners to
supplement growth; indicating that Highway 401 is a tremendous asset;
indicating that he has approximately 150 acres in the Urban Growth Boundary
and 90 acres outside of the Urban Growth Boundary; requesting that his entire
property be put in the Urban Growth Boundary; indicating that he has services
in the area and the property is ready to be developed; and advising that he
believes in the city, invests in the city and lives in the city.
·
Rod
Morley, 1291 Rideau Gate – advising that he has issues with the ideas and
concepts; noting that it is the same things that have been done in the past,
and hoping for different results; indicating that the city is cheapening what
is already there; and, advising that many Industrial lands could be
redeveloped and could be infilled, with everything already serviced.
·
Gary
Brown, 35A – 59 Ridout Street – advising that there has been a lot of talk
about intensification at the meeting tonight; indicating that he sees a lot
of empty space on Clarke Road; indicating that we should use the lands we
have more efficiently; indicating that 2.8 million acres of farmland has been
lost in Ontario; indicating that food security is a serious issue; and,
advising that only .½% of the land is classified as farmland and most of that
is in Southwestern Ontario.
·
Jay
McGuffin, Monteith Brown, on behalf of Farhi Holdings Corporation – advising
that Mr. Farhi has in excess of 500 acres; advising that his clients’ lands
are appropriately situated with significant frontage on Highway 402, Colonel
Talbot Road, Longwoods Road, Murray Road and approximate to the convergence
of Highways 402 and 401; and indicating that the lands considered for
employment and community growth purposes.
·
Stan
Topilko, 4653 White Oak Road – see attached communication.
·
Peter
White, London Economic Development Corporation – advising that due to the
lateness of the matter being dealt with, several people had to leave;
requesting an extension for communications to be received and placed on the
Council Agenda; expressing support for the Civic Administration’s efforts;
advising that he has met with a number of interested landowners; noting that
he is receiving good feedback from the Industry; advising that the most
recent largest transactions of land have been for 29 and 21 acres; and
advising that he is pleased that the process is moving forward.
·
Jamie
Crook, 1766 Wilton Grove Road, on behalf of his neighbours at 1874 and 1811
Wilton Grove Road – advising that most of their properties front onto Highway
401; advising that he is trying to determine what the future development in
this area will be; and requesting that the lands be included in the Urban
Growth Boundary. (2013-D08)
|
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 4.
That, on the recommendation of the Managing
Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED
that Municipal Council has reviewed a 4th and 5th concept plan, as submitted
by the applicant, and see no reason to change the Municipal Council
resolution adopted at its meeting held on March 21, 2011; it being noted that
the Planning and Environment Committee heard a verbal presentation from W.
Pol, on behalf of the area residents, C. McDonnell, 525 Huron Street, S.
Allen, MHBC Planning, on behalf of York Developments and A. Soufan,
President, York Developments, with respect to this matter. (2013-D14A)
|
Motion made by Councillor P. Hubert and
seconded by Councillor N. Branscombe to Amend clause 4 in line five, by
deleting the date “March 21, 2011” and by replacing it with the dates “April
10 and 11, 2012”.
|
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. Hubert to Approve clause 4, as amended.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: N. Branscombe (1)
|
Clause 4, as amended, reads as follows:
That, on the recommendation of the Managing
Director, Planning and City Planner, the Ontario Municipal Board BE ADVISED
that Municipal Council has reviewed a 4th and 5th concept plan, as submitted by
the applicant, and see no reason to change the Municipal Council resolution
adopted at its meeting held on April 10 and 11, 2012; it being noted that the
Planning and Environment Committee heard a verbal presentation from W. Pol, on
behalf of the area residents, C. McDonnell, 525 Huron Street, S. Allen, MHBC
Planning, on behalf of York Developments and A. Soufan, President, York
Developments, with respect to this matter. (2013-D14A)
Motion made by Councillor B. Polhill to
Approve clause 12.
That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the application of Wastell Developments Inc., relating to the property
located at 655 Tennent Avenue:
a)
the
Approval Authority BE ADVISED that at the public meeting of the Planning and
Environment Committee held with respect to this matter, issues were raised by
area residents with respect to increased traffic in the area and requesting a
park;
b) the
Approval Authority BE ADVISED that the Municipal Council supports issuing
draft approval of the proposed plan of residential subdivision, as submitted
by Wastell Developments Inc., (File No. 39T-13501, prepared by Ricor
Engineering Limited, certified by Robert Stirling, OLS, FKS Land Surveyors,
as redline revised which shows 44 single detached lots and 1 walkway block
served by 1 new local street, SUBJECT TO the conditions contained in the attached,
revised, Appendix "C";
c) the
proposed by-law, as appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 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 Neighbourhood Facility (NF) Zone,
which permits uses such as schools TO a Residential R1 (R1-4) Zone, to permit
single detached dwellings on lots with a minimum frontage of 12.0 metres and
a minimum lot area of 360 square metres, a Residential R1 (R1-5) Zone, to
permit single detached dwellings on lots with a minimum frontage of 12.0
metres and a minimum lot area of 450 square metres, and a Residential R1
Special Provision (R1-5( )) Zone, to permit single detached dwellings with
a special provision for a minimum lot frontage of 11.0 metres and a minimum
lot area of 450 square metres; and,
d) the
Civic Administration BE DIRECTED to liaise with the Thames Valley District
School Board to determine if a larger section of the soccer field can be
acquired for a park;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
Rick
Dykstra, Ricor Engineering, applicant – expressing appreciation to the Civic
Administration and the residents for their input; indicating that the redline
mark-up is not ideal; indicating that there is a division between residents
that would like to have a walkway and those that prefer not to have a
walkway; indicating that Canada Post can charge the Developer for the
installation of community mailboxes; and advising that they do not anticipate
any impact to the school during construction.
·
Sigmar
Martin, 630 Tennent Avenue, on behalf of area residents – see attached
presentation.
·
John
Kiteley, 1119 Glenora Drive – indicating that he is not opposed to the
installation of a walkway as long as it is connected to green space; advising
that the walkway is sometimes used at night as a gathering place; and
advising that the Police have been called in the past.
·
Dave
Pinheiro, 649 Tennent Avenue – indicating that things in the area are
changing quickly; advising that they are asking for a park, which is a small
ask; advising that community parks keep families and neighbourhoods together;
indicating that he realizes that there are issues with walkways; advising
that, in the past the Thames Valley District School Board has assisted with
walkway concerns; enquiring as to what is happening with the existing fence
as it will impact his driveway; and enquiring as to whether or not there will
be one main entrance for construction vehicles.
·
Rod
Morley, 1291 Rideau Gate – requesting that areas in the city be intensified
so that we do not have to expand into the Urban Growth Boundary; advising
that there will be increased traffic on Fanshawe Park Road and Adelaide
Street North; indicating that Glenora Drive and Glengarry Street have both
undergone traffic calming measures; enquiring as to what is happening with
the pedestrian light at Fanshawe Park Road and Tennent Avenue; recommending
less homes and more park space; and recommending that the developer work with
the neighbourhood.
·
Anna
Parker, 1272 Glenora Drive – advising that the traffic on Glenora Drive is terrible;
indicating that she cannot imagine adding 44 more homes to the area;
indicating that there are no sidewalks; advising that safety is a concern;
and advising that, with the increased traffic, there may be an accident
involving kids. (2013-D14A/D12)
|
Motion made by Councillor B. Polhill and
seconded by Councillor P. Hubert to Amend clause 12 by deleting part c) in
its entirety and by replacing it with the following new part c):
c) the
attached, revised, proposed by-law, BE INTRODUCED at the Municipal
Council meeting to be held on April 30, 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 Neighbourhood Facility (NF) Zone, which permits uses
such as schools TO a Residential R1 (R1-4) Zone, to permit single detached
dwellings on lots with a minimum frontage of 12.0 metres and a minimum lot
area of 360 square metres, a Residential R1 (R1-5) Zone, to permit single
detached dwellings on lots with a minimum frontage of 12.0 metres and a
minimum lot area of 415 square metres, and a Residential R1 Special Provision
(R1-5( )) Zone, to permit single detached dwellings with a special
provision for a minimum lot frontage of 11.0 metres and a minimum lot area of
415 square metres; and,
|
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 and
seconded by Councillor B. Polhill to further Amend clause 12 as follows:
a)
in
part d) of clause 12 by deleting the word “Iiaise” and by replacing it with
the words “explore joint opportunities” and by adding the following words “or
if there are other joint use or ownership opportunities”, as the end of part
d);
b)
by
inserting a new part e) as follows:
“e)
that Civic Administration BE DIRECTED to review the traffic safety concerns,
and related issues in the A.B. Lucas Secondary School/Adelaide Street/Tennant
Avenue area; and,”
c)
by
inserting a new part f) as follows:
“f)
pursuant to section 34(17) of the Planning Act, as determined by the
Municipal Council, no further notice BE GIVEN in respect of the proposed
by-law as the proposed amendment is minor in nature;”.
|
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 and
seconded by Councillor P. Hubert to Approve clause 12, as amended.
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)
|
Clause 12, as amended, reads as follows:
That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the application of Wastell Developments Inc., relating to the property located
at 655 Tennent Avenue:
a)
the
Approval Authority BE ADVISED that at the public meeting of the Planning and
Environment Committee held with respect to this matter, issues were raised by
area residents with respect to increased traffic in the area and requesting a
park;
b) the
Approval Authority BE ADVISED that the Municipal Council supports issuing draft
approval of the proposed plan of residential subdivision, as submitted by
Wastell Developments Inc., (File No. 39T-13501, prepared by Ricor Engineering
Limited, certified by Robert Stirling, OLS, FKS Land Surveyors, as redline
revised which shows 44 single detached lots and 1 walkway block served by 1 new
local street, SUBJECT TO the conditions contained in the attached,
revised, Appendix "C";
c) the
attached, revised, proposed by-law, BE INTRODUCED at the
Municipal Council meeting to be held on April 30, 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 Neighbourhood Facility (NF) Zone, which permits uses
such as schools TO a Residential R1 (R1-4) Zone, to permit single detached
dwellings on lots with a minimum frontage of 12.0 metres and a minimum lot area
of 360 square metres, a Residential R1 (R1-5) Zone, to permit single detached
dwellings on lots with a minimum frontage of 12.0 metres and a minimum lot area
of 415 square metres, and a Residential R1 Special Provision (R1-5( )) Zone,
to permit single detached dwellings with a special provision for a minimum lot
frontage of 11.0 metres and a minimum lot area of 415 square metres;
d) the
Civic Administration BE DIRECTED to explore joint opportunities with the Thames
Valley District School Board to determine if a larger section of the soccer
field can be acquired for a park or if there are other joint use or ownership
opportunities;
e) the Civic
Administration BE DIRECTED to review the traffic safety concerns, and related
issues in the A.B. Lucas Secondary School/Adelaide Street/Tennant Avenue area;
and,
f) pursuant
to section 34(17) of the Planning Act, as determined by the Municipal Council,
no further notice BE GIVEN in respect of the proposed by-law as the proposed
amendment is minor in nature;
it
being pointed out that at the public participation meeting associated with this
matter, the following individuals made oral submissions in connection
therewith:
·
Rick
Dykstra, Ricor Engineering, applicant – expressing appreciation to the Civic
Administration and the residents for their input; indicating that the redline
mark-up is not ideal; indicating that there is a division between residents
that would like to have a walkway and those that prefer not to have a walkway;
indicating that Canada Post can charge the Developer for the installation of
community mailboxes; and advising that they do not anticipate any impact to the
school during construction.
·
Sigmar
Martin, 630 Tennent Avenue, on behalf of area residents – see attached
presentation.
·
John
Kiteley, 1119 Glenora Drive – indicating that he is not opposed to the
installation of a walkway as long as it is connected to green space; advising
that the walkway is sometimes used at night as a gathering place; and advising
that the Police have been called in the past.
·
Dave
Pinheiro, 649 Tennent Avenue – indicating that things in the area are changing
quickly; advising that they are asking for a park, which is a small ask;
advising that community parks keep families and neighbourhoods together;
indicating that he realizes that there are issues with walkways; advising that,
in the past the Thames Valley District School Board has assisted with walkway
concerns; enquiring as to what is happening with the existing fence as it will
impact his driveway; and enquiring as to whether or not there will be one main
entrance for construction vehicles.
·
Rod
Morley, 1291 Rideau Gate – requesting that areas in the city be intensified so
that we do not have to expand into the Urban Growth Boundary; advising that
there will be increased traffic on Fanshawe Park Road and Adelaide Street
North; indicating that Glenora Drive and Glengarry Street have both undergone
traffic calming measures; enquiring as to what is happening with the pedestrian
light at Fanshawe Park Road and Tennent Avenue; recommending less homes and
more park space; and recommending that the developer work with the
neighbourhood.
·
Anna
Parker, 1272 Glenora Drive – advising that the traffic on Glenora Drive is
terrible; indicating that she cannot imagine adding 44 more homes to the area;
indicating that there are no sidewalks; advising that safety is a concern; and
advising that, with the increased traffic, there may be an accident involving
kids. (2013-D14A/D12)
Councillor B. Polhill
presents.
Motion made by Councillor B. Polhill to
Approve clauses 1 and 2.
1.
|
Disclosures of Pecuniary Interest
|
That it BE NOTED that no pecuniary interests
were disclosed.
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Malcolm Ross, relating to the property located
at 77 Tecumseh Avenue West:
a) the
proposed by-law, as appended to the staff report dated April 30, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013, to
repeal By-law No. Z.-1-132178 and to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of the subject
property FROM a Neighbourhood Facility (NF) Zone which permits elementary
school uses TO a Residential R1 Special Provision (R1-3 (4)) Zone to allow
for 12 single detached dwelling lots with a minimum lot frontage of 10m,
minimum front and exterior setback to a main dwelling of 3.0m from a local
street and with a 1.2m minimum interior side yard setback and a Holding
Residential R8 Special Provision (h-5*h-(_)*R8-4 (_)) Zone to permit an
apartment building in a converted institutional building (Manor Highland Park
Public School) as it exists at the time of the passing of this by-law with a
density of 49units/ha (22 units), subject to a holding provision to ensure
sanitary and stormwater servicing reports have been prepared and confirmation
that sanitary and stormwater management systems are implemented to the
satisfaction of the City Engineer and a public site plan meeting be held;
b) the
Site Plan Approval Authority BE REQUESTED to consider the following site
specific design issues through the site plan process:
A) that
the site plan application drawings remain consistent with the drawings
submitted through the zoning by-law amendment process, particularly with
regard to the following:
I) incorporate
architectural features on the exterior of the existing elementary school
building such as large windows and the dual entrances marked by canopies (one
on the north elevation at the location of the existing principal entrance
facing Murray Park and one on the south elevation leading to the corner
parking area) to improve the residential character of the building by
reducing the prevalence of large blank walls characteristic of the elementary
school use;
II) maximize
the use of landscaping along Tecumseh Avenue West and Wilson Avenue to
provide uninterrupted screening of the parking lot street frontage and
provide enhanced landscaping at the street corner and driveway entrance; and,
III) provide
safe, convenient and direct pedestrian connections between the existing
public sidewalks along Forbes Street and Tecumseh Avenue to the proposed main
entrances of the building; and,
c) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as the
public participation meeting was held on April 9, 2013 and the proposed
by-law implements minor site plan changes.
|
Motion made by Councillor D. Brown and
seconded by Councillor J.B. Swan to Amend clause 2 by inserting a new part d)
as follows:
“d)
the Approval Authority BE REQUESTED to hold a public site plan meeting with
respect to the development of the entire site;”.
|
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 and
seconded by Councillor D. Brown to Approve clause 1 and clause 2, as amended.
|
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)
|
Clause 2, as amended, reads as follows:
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Malcolm Ross, relating to the property located at
77 Tecumseh Avenue West:
a) the
proposed by-law, as appended to the staff report dated April 30, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013, to
repeal By-law No. Z.-1-132178 and to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of the subject
property FROM a Neighbourhood Facility (NF) Zone which permits elementary
school uses TO a Residential R1 Special Provision (R1-3 (4)) Zone to allow for
12 single detached dwelling lots with a minimum lot frontage of 10m, minimum
front and exterior setback to a main dwelling of 3.0m from a local street and
with a 1.2m minimum interior side yard setback and a Holding Residential R8
Special Provision (h-5*h-(_)*R8-4 (_)) Zone to permit an apartment building in
a converted institutional building (Manor Highland Park Public School) as it
exists at the time of the passing of this by-law with a density of 49units/ha
(22 units), subject to a holding provision to ensure sanitary and stormwater
servicing reports have been prepared and confirmation that sanitary and
stormwater management systems are implemented to the satisfaction of the City
Engineer and a public site plan meeting be held;
b) the
Site Plan Approval Authority BE REQUESTED to consider the following site
specific design issues through the site plan process:
A) that
the site plan application drawings remain consistent with the drawings
submitted through the zoning by-law amendment process, particularly with regard
to the following:
I) incorporate
architectural features on the exterior of the existing elementary school
building such as large windows and the dual entrances marked by canopies (one
on the north elevation at the location of the existing principal entrance
facing Murray Park and one on the south elevation leading to the corner parking
area) to improve the residential character of the building by reducing the
prevalence of large blank walls characteristic of the elementary school use;
II) maximize
the use of landscaping along Tecumseh Avenue West and Wilson Avenue to provide
uninterrupted screening of the parking lot street frontage and provide enhanced
landscaping at the street corner and driveway entrance; and,
III) provide
safe, convenient and direct pedestrian connections between the existing public
sidewalks along Forbes Street and Tecumseh Avenue to the proposed main
entrances of the building;
c) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN in respect of the proposed by-law as the
public participation meeting was held on April 9, 2013 and the proposed by-law
implements minor site plan changes; and,
d)
the
Approval Authority BE REQUESTED to hold a public site plan meeting with respect
to the development of the entire site.
Councillor J.P.
Bryant presents.
Motion made by Councillor J.P. Bryant to
Approve clauses 1 to 18, excluding clauses 2, 5 and 10.
|
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
following actions be taken:
a) the
administrative contract awards, as per Section 8.11 (b) of the Procurement of
Goods and Services Policy, which are greater than $10,000 and less that
$50,000 without a purchase order, decentralized from Purchasing and Supply,
that have been reported to the Manager of Purchasing and Supply and have been
reviewed for compliance to the Procurement of Goods and Services Policy, BE
RECEIVED for information;
b) as
per the Procurement of Goods and Services Policy, Section 8.11 (c), an annual
report of total payments required where a supplier has invoiced the City a
cumulative total value of $100,000 or more in a calendar year, BE RECEIVED
for information;
c) the
administrative contract awards for Professional Consulting Services with an
aggregate total greater than $100,000, as per Section 15.1 (g) of the
Procurement of Goods and Services Policy, decentralized from Purchasing and
Supply that have been reported to the Manager of Purchasing and Supply and
have been reviewed for compliance to the Procurement of Goods and Services
Policy, BE RECEIVED for information.
|
That the following actions be taken with
respecting to updating the Advisory Committee Policy:
a) the
attached revised proposed by-law (Appendix “A”) BE INTRODUCED
at the Municipal Council meeting on April 30, 2013 to amend the General
Policy for Advisory Committees, in order to reference other legislation and
policies that may be applicable to the Advisory Committees; and
b) the
City Clerk BE REQUESTED to seek the input of Advisory Committees on the use
of social media by Advisory Committees, and report back on any recommended
amendments to the Advisory Committee Policy with respect to the use of social
media by Advisory Committees, having considered that input.
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the staff report dated April 23,
2013 regarding the March 2013 visit by a delegation from London’s sister
city, Nanjing, China, BE RECEIVED.
|
That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the staff report dated April 23,
2013 regarding the March 2013 visit by a delegation from Chongqing, China, BE
RECEIVED.
|
That, on the recommendation of Tim Dobbie,
Tim L. Dobbie Consulting Ltd, the following actions be taken with respect to
the Dearness Home – Consulting Services and Administrative Services – Single
Source:
a) the
proposed by-law appended to the staff report dated April 23, 2013 BE
INTRODUCED at the Municipal Council meeting of April 30, 2013:
i) to
approve the following Agreements:
• Agreement
dated May 1, 2013 between The Corporation of the City of London and
Extendicare (Canada) Inc., 3000 Steeles Ave., Markham, Ontario, L3R 9W2, to
provide operational consulting services for the Dearness Home at a cost of $28,000
per month plus HST and disbursements;
• Agreement
dated May 1, 2013 between The Corporation of the City of London and
Extendicare (Canada) Inc., 3000 Steeles Ave., Markham, Ontario, L3R 9W2, to
provide Administrator services for Dearness Home at a cost of $14,500 per
month plus HST and disbursements; and
ii) to
delegate authority to the City Manager to execute the Agreements; and
iii) to
delegate authority to the City Manager to provide written notice of the
termination for the Agreements pursuant to the termination provisions of the
Agreements;
b) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with the Agreements outlined in (a)(i)
above; and
c) the
source of funding for the two Agreements outlined in (a)(i), above, estimated
at a total maximum cost of $285 000, BE APPROVED as a drawdown from the
Operating Budget Contingency Reserve.
|
That the recommendations contained in the
Tax Adjustment Agenda dated April 23, 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.
|
That the communication dated April 4, 2013,
from S. Reid, Director, Federal and Ontario Progressive Contractors
Association of Canada and I. DeWaard, Regional Director, Christian Labour
Association of Canada, BE RECEIVED.
|
That the following individual BE APPOINTED
to the London Diversity and Race Relations Advisory Committee for the term
ending February 28, 2015:
Non-Voting:
• Michelle Lynne Goodfellow (London
& Middlesex Housing Corporation Representative)
|
That the following individual BE APPOINTED
to the London Advisory Committee on Heritage for the term ending February 28,
2015:
Voting:
• Kira Westby (Emerging Leaders
Initiative Representative)
|
That the following individuals BE APPOINTED
to the Community Safety and Crime Prevention Advisory Committee for the term
ending February 28, 2015:
Voting:
• Linda Steel (Child Safety
Middlesex London Representative)
Non-Voting:
• Maureen O'Halloran (Block
Parent Office Representative)
|
That the following individual BE APPOINTED
to the Accessibility Advisory Committee for the term ending February 28,
2015:
Voting:
• Martha Dyer (Person with a
Disability)
|
That the following individual BE APPOINTED
to the Animal Welfare Advisory Committee for the term ending February 28,
2015:
Voting:
• Tracy Satchell (Veterinarian)
|
That the communication dated April 3, 2013
from Dianne Fortney, resigning her appointment to the Animal Welfare Advisory
Committee, BE ACCEPTED and Ms. Fortney BE THANKED for participating on the
Committee.
|
That the communication dated April 8, 2013
from Mark Rabi, resigning his appointment to the London Diversity and Race
Relations Advisory Committee, BE ACCEPTED and Mr. Rabi BE THANKED for
participating on the Committee.
|
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.P. Bryant to
Approve clause 2.
That, on the recommendation of the City
Manager, the following actions be taken with respect to the appointment of
Ms. Sandra Datars Bere to the statutory position of Ontario Works
Administrator:
a) the
proposed by-law appended to the staff report dated April 23, 2013, BE
INTRODUCED at the Municipal Council meeting to be held on April 30, 2013 to
appoint Ms. Sandra Datars Bere to the statutory position of Administrator
Ontario Works-London, subject to the approval of the Director of Ontario
Works, Ministry of Community and Social Services; and,
b) the
City Clerk BE DIRECTED to so notify the Director of Ontario Works, Ministry
of Community and Social Services.
|
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 J.P. Bryant to
Approve clause 10.
That the following actions be taken with
respect to the communication dated April 2, 2013 from Councillor Usher regarding
standing for election to the Federation of Canadian Municipalities’ Board of
Directors and his associated expenses:
a)
the
following resolution BE ADOPTED:
“WHEREAS the
Federation of Canadian Municipalities (FCM) represents the interests of
municipalities on policy and program matters that fall within federal
jurisdiction;
AND WHEREAS FCM’s
Board of Directors is comprised of elected municipal officials from all
regions and sizes of communities to form a broad base of support and provide
FCM with the prestige required to carry the municipal message to the Federal
Government;
AND WHEREAS FCM’s
76th Annual Conference and Trade Show will take place May 31 to June 3, 2013,
during which time the Annual General Meeting will be held and followed by the
election of FCM’s Board of Directors;
NOW THEREFORE BE IT
RESOLVED that the Municipal Council of The Corporation of the City of London
endorses Councillor Harold Usher to stand for election on FCM’s Board of
Directors for the 2013/2014 term;
AND BE IT FURTHER
RESOLVED that The Corporation of the City of London assumes all costs
associated with Councillor Harold Usher attending FCM’s Board of Directors
meetings.”;
b)
in
the event Councillor Usher is re-elected to the Board of Directors and is
reappointed to the Standing Committee on Environmental Issues and Sustainable
Development, the related expenses to attend the following meetings be assumed
by the City of London, outside of his annual expense allocation, subject to
the annual budget approval process and in accordance with Council’s Travel
and Business Expenses Policy:
Board of Directors
Meeting - September 4-7, 2013 – St. John’s NL
Board of Directors
Meeting - November 26-29, 2013 – Ottawa, ON
Board of Directors
Meeting - March 5-8, 2014 – Thunder Bay, ON
Sustainable
Community Conference
&
Trade Show - February 2014 – Charlottetown, PEI
Annual Conference
and AGM - May 30-June 2, 2014 – Niagara Falls ON;
and,
c)
Councillor
H.L. Usher BE REIMBURSED by The Corporation of the City of London, outside
his annual expense allocation, for his campaign expenses in seeking
re-election to the Board of Directors, in an amount of up to $750, upon
submission of eligible expenses.
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor P. Hubert to Amend clause 10 by deleting it in its
entirety and by replacing it with a new clause 10 as follows:
“That the following actions be taken with
respect to the communication dated April 2, 2013 from Councillor Usher
regarding standing for election to the Federation of Canadian Municipalities’
Board of Directors and his associated expenses:
a) the following resolution BE
ADOPTED:
“WHEREAS the
Federation of Canadian Municipalities (FCM) represents the interests of
municipalities on policy and program matters that fall within federal
jurisdiction;
AND WHEREAS FCM’s
Board of Directors is comprised of elected municipal officials from all
regions and sizes of communities to form a broad base of support and provide
FCM with the prestige required to carry the municipal message to the Federal
Government;
AND WHEREAS FCM’s
76th Annual Conference and Trade Show will take place May 31 to June 3, 2013,
during which time the Annual General Meeting will be held and followed by the
election of FCM’s Board of Directors;
NOW THEREFORE BE IT
RESOLVED that the Municipal Council of The Corporation of the City of London
endorses Councillor Harold Usher to stand for election on FCM’s Board of
Directors for the 2013/2014 term;
AND BE IT FURTHER
RESOLVED that The Corporation of the City of London assumes all costs
associated with Councillor Harold Usher attending FCM’s Board of Directors
meetings.”;
b) in
the event Councillor Usher is re-elected to the Board of Directors, the
related expenses to attend the following meetings be assumed by the City of
London, outside of his annual expense allocation, subject to the annual
budget approval process and in accordance with Council’s Travel and Business
Expenses Policy:
Board of Directors
Meeting - September 4-7, 2013 – St. John’s NL
Board of Directors
Meeting - November 26-29, 2013 – Ottawa, ON
Board of Directors
Meeting - March 5-8, 2014 – Thunder Bay, ON
Annual Conference
and AGM - May 30-June 2, 2014 – Niagara Falls ON;
c) in
the event Councillor Usher is reappointed to the Standing Committee on
Environmental Issues and Sustainable Development, the related expenses to
attend the following meeting be assumed by the City of London, outside of his
annual expense allocation, subject to the annual budget approval process and
in accordance with Council’s Travel and Business Expenses Policy:
Sustainable
Community Conference & Trade Show - February 2014 – Charlottetown, PEI
and;
d) Councillor
H.L. Usher BE REIMBURSED by The Corporation of the City of London, outside
his annual expense allocation, for his campaign expenses in seeking
re-election to the Board of Directors, in an amount of up to $750, upon
submission of eligible expenses.”
|
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.P. Bryant and
seconded by Councillor P. Hubert to Approve clause 10, as amended
|
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.P. Bryant to
Approve clause 19.
That, subject to the approval of Councillor
J.L. Baechler’s application to serve on a Federation of Canadian Municipalities
(FCM) Standing Committee, Councillor Baechler BE AUTHORIZED to attend the FCM
meetings as noted below, and BE REIMBURSED for her associated expenses
outside of her annual expense allocation, subject to the annual budget
approval process, and in accordance with Council's Travel & Business
Expenses Policy:
September 4-7, 2013 – St. John’s NL
November 26-29, 2013 – Ottawa, ON
March 5-8, 2014 – Thunder Bay, ON
Sustainable Community Conference
& Trade Show – February 2014 –
Charlottetown, PEI
Annual Conference and AGM – May 30-June 2,
2014 – Niagara Falls, ON
|
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, J.P. Bryant, S.E. White
(14)
NAYS: H.L. Usher (1)
|
At 8:33 PM, His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
Motion made by Mayor J.F. Fontana to Approve
clause 5.
That the following
actions be taken with respect to proposed amendments to the Council Policy
5(30) – Code of Conduct for Members of Municipal Council and the
establishment of a Lobbyist Registry:
a)
pursuant
to section 13.7 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting of September 18, 2012, related to the adoption
of clause 11 of the 24th Report of the Finance and Administrative Services
Committee, concerning the Council Members Integrity Commissioner BE
RECONSIDERED;
b)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare a
by-law to adopt the attached (Appendix “B”) Council Code of
Conduct, which incorporates an Integrity Commissioner, for introduction at
the Municipal Council meeting to be held on April 30, 2013;
c)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare
and report back to Municipal Council with Terms of Reference outlining the
duties and functions to be assigned to an Integrity Commissioner established
under sections 223.3 to 223.8 of the Municipal Act, 2001, that would
include, but is not limited to, the following:
(i)
appointment
by Council by by-law under section 223.3 of the Municipal Act, 2001;
(ii)
to
function independently from the Civic Administration and report directly to
Municipal Council;
(iii)
to
review the Code of Conduct for Members of Municipal Council and to make
recommendations thereon as necessary, at a minimum of once per year;
(iv)
to
serve a multi-faceted role to act not only as a complaint investigator, but
also as an advisor to individual Members of Council in relation to the
Municipal Code of Conduct, and any procedures, rules and policies of the
municipality governing the ethical behaviour as well as any associated policies,
and act as a proactive educator for the Municipal Council, the Civic
Administration and the Public;
(v)
to
provide semi-annual reports to the Municipal Council summarizing his/her
activities in accordance with section 223.6 of the Municipal Act, 2001;
and
(vi)
to
provide individual investigative reports, as required, which will include
background concerning the complaint and recommendations to Municipal Council
with respect to the complaint for its consideration, in accordance with
section 223.6 of the Municipal Act, 2001; and
d)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report
back to Municipal Council with a process for the recruitment of an Integrity
Commissioner that would include, but is not limited to the following provisions:
(i)
preparation
of a Request for Proposal (RFP) that will require the submission of the
following information: fees to be charged, under an independent contract and
outline the following general qualifications;
A. proven impartiality
and neutrality, such as that of a judge;
B. an ability to
provide services on a part-time, flexible, and as-needed basis;
C. no other
involvement in political campaigning/endorsements, or related conflict of
interest;
D. no financial
interest in the work undertaken by the City;
E. an independent
person who personifies high ethical standards;
F. experience managing
sensitive inquiries, conducting investigations and making appropriate
recommendations;
G. excellent
communications skills;
H. familiarity with
investigatory procedures and the applicable legal principles, particularly as
they relate to evidence, legal interpretation and natural justice;
I. general knowledge
and appreciation of municipal government;
J. ability to
interpret and apply the provisions of various statutes, regulations, policies
and other enabling frameworks;
K. impartiality,
wisdom, sound judgment combined with the ability to inspire trust and
confidence; and
L. at least ten years
of senior-level management, legal or quasi-judicial experience.
(ii)
appointment
to be for a four-year term, to be staggered two years between Council terms
to ensure continuity; and
(iii)
fees
to be paid to the Integrity Commissioner, under an independent contract; and,
e)
the
Managing Director, Corporate Services & City Treasurer, Chief Financial
Officer BE DIRECTED to provide a source of financing for the
establishment of an Integrity Commissioner;
f)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report
back in one year, after the implementation of the Integrity Commissioner, to
evaluate the need for the establishment of a Lobbyist Registry;
g)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to
incorporate into the complaint resolution process, an opportunity for early
stage mediation.
|
The motion to Approve part a) of clause 5 is
put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
NAYS: S. Orser, D.G. Henderson, P. Van
Meerbergen (3)
|
At 8:44 PM, His Worship the Mayor resumes the
Chair and Councillor P. Hubert takes his seat at the Council Board.
Motion made by Councillor M. Brown and
seconded by Councillor J.L. Baechler to Amend part c) of clause 5 by inserting,
at the end of the first paragraph, the following words: “; it being noted
that those duties and functions would exclude the responsibilities of “Closed
Meeting Investigator” currently being provided by the Ombudsman”.
|
Motion Passed
YEAS: J.F. Fontana, W.J. Armstrong, J.B.
Swan, 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 (13)
NAYS: B. Polhill, S. Orser (2)
|
Motion made by Councillor N. Branscombe and
seconded by Councillor S. Orser to further Amend part g) of clause 5 by
deleting the word “incorporate” and by replacing it with the words “report
back with respect to the potential incorporation”.
|
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 S.E. White and
seconded by Councillor J.B. Swan, that pursuant to section 9.6 of the Council
Procedure By-law, Councillor S. Orser be permitted to speak longer than 5
minutes with respect to clause 5.
Motion Passed
Motion made by Councillor J.P. Bryant and
seconded by Councillor J.L. Baechler to Approve clause 5, as amended.
|
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, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
NAYS: P. Van Meerbergen (1)
|
Clause 5, as amended, reads as follows:
That the following
actions be taken with respect to proposed amendments to the Council Policy
5(30) – Code of Conduct for Members of Municipal Council and the establishment
of a Lobbyist Registry:
a)
pursuant
to section 13.7 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting of September 18, 2012, related to the adoption of
clause 11 of the 24th Report of the Finance and Administrative Services
Committee, concerning the Council Members Integrity Commissioner BE
RECONSIDERED;
b)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare a
by-law to adopt the attached (Appendix “B”) Council Code of
Conduct, which incorporates an Integrity Commissioner, for introduction at the
Municipal Council meeting to be held on April 30, 2013;
c)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to prepare and
report back to Municipal Council with Terms of Reference outlining the duties
and functions to be assigned to an Integrity Commissioner established under
sections 223.3 to 223.8 of the Municipal Act, 2001, that would include,
but is not limited to, the following; it being noted that those duties and
function would exclude the responsibilities of “Closed Meeting Investigator”
currently being provided by the Ombudsman:
(i)
appointment
by Council by by-law under section 223.3 of the Municipal Act, 2001;
(ii)
to
function independently from the Civic Administration and report directly to
Municipal Council;
(iii)
to
review the Code of Conduct for Members of Municipal Council and to make recommendations
thereon as necessary, at a minimum of once per year;
(iv)
to
serve a multi-faceted role to act not only as a complaint investigator, but
also as an advisor to individual Members of Council in relation to the
Municipal Code of Conduct, and any procedures, rules and policies of the
municipality governing the ethical behaviour as well as any associated
policies, and act as a proactive educator for the Municipal Council, the Civic
Administration and the Public;
(v)
to
provide semi-annual reports to the Municipal Council summarizing his/her
activities in accordance with section 223.6 of the Municipal Act, 2001;
and
(vi)
to
provide individual investigative reports, as required, which will include
background concerning the complaint and recommendations to Municipal Council
with respect to the complaint for its consideration, in accordance with section
223.6 of the Municipal Act, 2001; and
d)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report back
to Municipal Council with a process for the recruitment of an Integrity
Commissioner that would include, but is not limited to the following
provisions:
(i)
preparation
of a Request for Proposal (RFP) that will require the submission of the
following information: fees to be charged, under an independent contract and
outline the following general qualifications;
A. proven impartiality
and neutrality, such as that of a judge;
B. an ability to provide
services on a part-time, flexible, and as-needed basis;
C. no other involvement
in political campaigning/endorsements, or related conflict of interest;
D. no financial interest
in the work undertaken by the City;
E. an independent person
who personifies high ethical standards;
F. experience managing
sensitive inquiries, conducting investigations and making appropriate recommendations;
G. excellent
communications skills;
H. familiarity with
investigatory procedures and the applicable legal principles, particularly as
they relate to evidence, legal interpretation and natural justice;
I. general knowledge and
appreciation of municipal government;
J. ability to interpret
and apply the provisions of various statutes, regulations, policies and other
enabling frameworks;
K. impartiality, wisdom,
sound judgment combined with the ability to inspire trust and confidence; and
L. at least ten years of
senior-level management, legal or quasi-judicial experience.
(ii)
appointment
to be for a four-year term, to be staggered two years between Council terms to
ensure continuity; and
(iii)
fees
to be paid to the Integrity Commissioner, under an independent contract; and,
e)
the
Managing Director, Corporate Services & City Treasurer, Chief Financial
Officer BE DIRECTED to provide a source of financing for the
establishment of an Integrity Commissioner;
f)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report back
in one year, after the implementation of the Integrity Commissioner, to
evaluate the need for the establishment of a Lobbyist Registry;
g)
the
City Clerk, in consultation with the City Solicitor, BE DIRECTED to report back
with respect to the potential incorporation into the complaint resolution
process, an opportunity for early stage mediation.
At 9:28 PM, Councillor P. Hubert leaves the
meeting.
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, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
|
At 9:29 PM, Councillor P. Van Meerbergen
leaves the meeting.
Councillor M. Brown
presents.
PRESENT: Mayor 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 and C. Saunders (City Clerk)
ABSENT: Councillor J.B. Swan
ALSO PRESENT: A. Zuidema, J.P. Barber, J.
Braam, J.M. Fleming, A. Hagan, M. Hayward, G. Kotsifas, L. Livingstone, V.
McAlea Major, L.M. Rowe and B. Warner.
Motion made by Councillor M. Brown 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:
That, on the recommendation of the Manager
of Realty Services, with respect to the property municipally known as 1269
Hyde Park Road, located on the west side of Hyde Park Road north of Sarnia
Road, owned by Everwood Place Limited, the following actions be taken:
a)
the
offer submitted from Everwood Place Limited to sell to the City a portion of
land from 1269 Hyde Park Road, further described as Part of Lot 24,
Concession 3 (Part 2, Reference Plan 33R-18288), containing an area of
approximately 8,730 square feet, for the purpose of the Hyde Park Road
Widening Project, for the sum of $83,000.00 BE ACCEPTED, subject to the
following conditions:
i) the City agreeing
to pay a further sum of $53,000.00 representing full and final disturbance
costs and injurious affection, if any;
ii) the City agreeing
to pay the Vendor’s reasonable legal fees, including fees for disbursements
and applicable taxes, to complete this transaction, subject to assessment;
and
b)
the
financing for this acquisition BE APPROVED as set out in the Source of
Financing Report attached hereto as Appendix “A”.
That, on the recommendation of the Manager of
Realty Services, with the concurrence of the Managing Director, Environmental
and Engineering Services and City Engineer, Managing Director, Planning and
City Planner, Manager of Revenue and Taxation and the Managing Director,
Development and Compliance Services and Chief Building Official, with respect
to the property located at 1156 Dundas Street, the former McCormick building,
the Civic Administration BE DIRECTED to take the following actions:
a)
undertake
further investigations into potential municipal uses for the property if
brought into municipal ownership, including partnership opportunities, and
report back to Council with the results of those investigations; and,
b)
concurrently
proceed with the Request for Expression of Interest (REOI) for the Purchase
and Sale of the property including a Request for Qualifications (RFQUAL); it
being noted that Phases 1 and 2 of the environmental assessment will be
shared with the public as part of the REOI process.
|
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, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
|
Motion made by Councillor M. Brown to Approve
the following recommendations:
That, on the recommendation of the Manager of
Realty Services, with respect to the property municipally known as 1269 Hyde
Park Road, located on the west side of Hyde Park Road north of Sarnia Road,
owned by Everwood Place Limited, the following actions be taken:
a)
the
offer submitted from Everwood Place Limited to sell to the City a portion of
land from 1269 Hyde Park Road, further described as Part of Lot 24, Concession
3 (Part 2, Reference Plan 33R-18288), containing an area of approximately 8,730
square feet, for the purpose of the Hyde Park Road Widening Project, for the
sum of $83,000.00 BE ACCEPTED, subject to the following conditions:
i)
the
City agreeing to pay a further sum of $53,000.00 representing full and final disturbance
costs and injurious affection, if any;
ii) the City
agreeing to pay the Vendor’s reasonable legal fees, including fees for disbursements
and applicable taxes, to complete this transaction, subject to assessment;
and
b)
the
financing for this acquisition BE APPROVED as set out in the Source of Financing
Report attached hereto as Appendix “A”.
That, on the recommendation of the Manager of
Realty Services, with the concurrence of the Managing Director, Environmental
and Engineering Services and City Engineer, Managing Director, Planning and
City Planner, Manager of Revenue and Taxation and the Managing Director,
Development and Compliance Services and Chief Building Official, with respect
to the property located at 1156 Dundas Street, the former McCormick building,
the Civic Administration BE DIRECTED to take the following actions:
a)
undertake
further investigations into potential municipal uses for the property if
brought into municipal ownership, including partnership opportunities, and
report back to Council with the results of those investigations; and,
b) concurrently
proceed with the Request for Expression of Interest (REOI) for the Purchase
and Sale of the property including a Request for Qualifications (RFQUAL); it
being noted that Phases 1 and 2 of the environmental assessment will be shared
with the public as part of the REOI process.
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, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
At 9:31 PM, Councillor D.G. Henderson leaves
the meeting.
None.
Councillor Baechler enquired as to the status
of the remedial actions with respect to the fallen trees in the Stoney Creek
area and noted immediate action is necessary due to the unsafe conditions. The
Chair directed the enquiry to the Managing Director of Planning and City
Planner for action.
Councillor Branscombe enquired as to when a
report would be coming forward with respect to voting options for the 2014
Municipal Election. Council was advised that a report will be submitted to the
Corporate Services Committee meeting in June regarding this matter.
None.
BY-LAWS TO BE READ A FIRST, SECOND AND
THIRD TIME:
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve 1st reading of Bill Nos. 191 to
Bill No. 207 and Bill No. 209.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve 2nd reading of Bill Nos. 191 to
Bill No. 207 and Bill No. 209.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
|
Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve 3rd reading of Bill Nos. 191 to
Bill No. 207 and Bill No. 109 be read a third time and enacted.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
|
Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve 1st reading of Bill No.s 208 and
210.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (11)
RECUSED: M. Brown (1)
|
Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve 2nd reading of Bill Nos. 208 and
210.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (11)
RECUSED: M. Brown (1)
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve 3rd reading of Bill Nos. 208 and
210.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (11)
RECUSED: M. Brown (1)
The following by-laws are passed and
enacted as by-laws of The Corporation of the City of London:
|
Bill
No. 191
By-law
No. A.-6949-149
|
A by-law to confirm the proceedings of the
Council Meeting held on the 30th day of April, 2013. (City Clerk)
|
Bill
No. 192
By-law
No. A.-5273(ch)-150
|
A by-law to amend By-law No. A.-5273-82
entitled, “A by-law to appoint Municipal Law Enforcement Officers for the
City of London.” (Manager By-law Enforcement)
|
Bill
No. 193
By-law
No. A.-6950-151
|
A by-law to approve agreements between The
Corporation of the City of London and Extendicare (Canada) Inc. for the
provision of consulting services and administrator services to the Dearness
Home. (8/11/CSC)
|
Bill
No. 194
By-law
No. A.-6951-152
|
A by-law to appoint Sandra Datars Bere,
Managing Director, Housing, Social Services and Dearness Home, as
Administrator pursuant to the Ontario Works Act, 1997. (2/11/CSC)
|
Bill
No. 195
By-law
No. A.-6952-153
|
A by-law to approve the Partnership
Agreement for labour market planning and partnership development activities
with Her Majesty the Queen in Right of Ontario as represented by the Minister
of Training, Colleges and Universities; and to authorize the Mayor and the
City Clerk to execute the Agreement. (5/8/CPSC)
|
Bill
No. 196
By-law
No. A.-6953-154
|
A by-law to approve a policy to prohibit
inappropriate behaviour and violence at City of London recreation facilities,
known as the Rzone Policy. (8/8/CPSC)
|
Bill
No. 197
By-law
No. 6954-155
|
A by-law to approve an amendment to the
grant agreement between The Corporation of the City of London (the City) and
Homes Unlimited (London) Inc. (the Proponent) (14/8/CPSC)
|
Bill
No. 198
By-law
No. A.-6955-156
|
A by-law with respect to a standard form
Purchase of Service Agreement for the City of London Homelessness
Initiatives.
(6/8/CPSC)
|
Bill
No. 199
By-law
No. A.-6956-157
|
A by-law to amend Council Policy 5(16)
entitled “General Policy for Advisory Committees. (4/11/CSC)
|
Bill
No. 200
By-law
No. A.-6957-158
|
A by-law to repeal Council Policy 5(30)
entitled “Code of Conduct for Members of Municipal Council” and replace it
with a new Council Policy 5(30) entitled “Code of Conduct for Members of
Council”. (City Clerk)(Ref. 5/11/CSC)
|
Bill
No. 201
By-law
No. F.-167-159
|
A by-law with respect to the installation
and maintenance of a fire safety box. (9/8/CPSC)
|
Bill
No. 202
By-law
No. S.-5563-160
|
A by-law to lay out, constitute, establish
and assume lands in the City of London as public highway. (as widening to
Webster Street, north of Jensen Road) (Chief Surveyor)
|
Bill
No. 203
By-law
No. Z.-1-132184
|
A by-law to amend By-law No. Z.-1 Section
4.21 by adding, deleting and replacing the road allowance for various
streets.(7/9/PEC)
|
Bill
No. 204
By-law
No. Z.-1-132179
|
A by-law to amend Section 2 Definitions and
Section 4.19, Parking Section, of By-law No. Z.-1. (8a/9/PEC)
|
Bill
No. 205
By-law
No. Z.-1-132180
|
A by-law to amend Section 4.19, Parking
Section, of By-law No. Z.-1 (8e/9/PEC)
|
Bill
No. 206
By-law
No. Z.-1-132181
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 160 Sunningdale Road
West. (10/9/PEC)
|
Bill
No. 207
By-law
No. Z.-1-132182
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 736 Talbot Street.
(11/9/PEC)
|
Bill
No. 208
By-law
No. Z.-1-132183
|
A by-law to amend By-law No. Z.-1 to rezone
an area of land located at 655 Tennent Avenue. (12/9/PEC)
|
Bill
No. 209
By-law
No. A.-6958-161
Bill
No. 210
By-law
No. Z.-1-132185
|
A by-law to authorize an Agreement of Purchase
and Sale between The Corporation of the City of London and Everwood Place
Limited, for the acquisition of a portion of property located at 1269 Hyde
Park Road, for the Hyde Park Road Widening Project, and to authorize the
Mayor and the City Clerk to execute the Agreement. (C-1/11/CSC)
A by-law to repeal By-law No. Z.-1-132178
and to amend By-law No. Z.-1 to rezone an area of land located at 77
Tecumsech Avenue West. (2/10/PEC)
|
XIV
|
ADJOURNMENT
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor H.L. Usher to Adjourn.
Motion Passed.
The meeting adjourned at 9:37 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk