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Council
MINUTES
17th
MEETING
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October 9, 2012
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The Council meets in Regular Session in the
Council Chambers this day at 5:03 p.m.
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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. Barber, J.
Braam, G. Bridge, B. Coxhead, E. Gamble, A. Hagan, M. Hayward, J. Kobarda, G.
Kotsifas, D. Lazenby, L. Livingstone, S. Matthews, V. McAlea Major, L.M.
Rowe, J. Taylor, B. Westlake-Power and J. Yanchula.
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At the beginning of the Meeting all Members
are present.
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II
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DISCLOSURES
OF PECUNIARY INTEREST
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Councillor N. Branscombe discloses a
pecuniary interest in clause 17 of the 23rd Report of the Planning and
Environment Committee, having to do with the properties located at 701 and
711 Waterloo Street, by indicating that her children attend the Montessori
School.
Councillor J.P. Bryant discloses a
pecuniary interest in clause 20 of the 23rd Report of the Planning and
Environment Committee, having to do with the property located at 260 Sarnia
Road, by indicating that her husband is on the faculty at Western University.
Councillor D. Brown discloses a pecuniary
interest in clause 11 of the 15th Report of the Civic Works Committee, having
to do with the LTC Long Term Growth Report Working Group, by indicating that
her employer has a contract with the London Transit Commission.
Councillor P. Hubert discloses a pecuniary
interest in clause 23 of the 23rd Report of the Planning and Environment
Committee, having to do with the property located at 199 Queens Avenue, by
indicating that he is the Executive Director of a social service agency that
leases space from the property owner. Councillor P. Hubert further discloses
a pecuniary interest in clauses 5 and 6 of the 13th Report of the Community
Services Committee, having to do with the Ontario Works Participation
Profile, July 2012 and the Ontario Works Caseload Update for January to
August, 2012, by indicating that he is the Executive Director of a social
service agency that has a purchase of service agreement with Ontario Works.
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Councillor M. Brown discloses a pecuniary
interest in clause 12 of the 15th Report of the Civic Works Committee and the
associated Bill No. 405, having to do with amendments to the Traffic and
Parking By-law, by indicating that his residence is located on one of the
affected streets.
Councillor J.B. Swan discloses a pecuniary
interest in clause 23 of the 23rd Report of the Planning and Environment
Committee, having to do with the property located at 199 Queens Avenue, by
indicating that his employer leases space from the property owner.
Councillor B. Polhill notes that the
previously disclosed pecuniary interest with respect to clause 20 of the 23rd
Report of the Planning and Environment Committee, having to do with the
property located at 260 Sarnia Road, was not a Committee of Adjustment matter
which was the noted nature of his pecuniary interest.
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At this time, the Mayor recognizes
Councillor D. Henderson who presents an apology statement related to comments
made during the September 24, 2012 Planning and Environment Committee
meeting.
The Mayor recognizes Councillor D. Brown
who introduces the “Pledge to End Bullying” campaign of the Thames Valley
District School Board and invites the Council Members and staff in attendance
to make the Pledge.
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Motion made by Councillor D. Brown and
seconded by Councillor S. Orser to Amend the Minutes of the Sixteenth Meeting
held on September 18, 2012, on page 18, clause 11 of the 24th Report of the
Finance and Administrative Services Committee by deleting from the first line
of the clause, the words “establishing an Integrity Commissioner,”
Motion Passed
Motion
made by Councillor B. Polhill and seconded by Councillor N. Branscombe to
Approve the Minutes of the Sixteenth Meeting held on September 18, 2012, 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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Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve referral of the following
communications for consideration with the clauses noted:
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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 D. Brown and
seconded by Councillor B. Polhill to Approve That the City Manager, in
consultation with the Senior Leadership Team, develop a communications
strategy that will be followed in notifying Ward Councillors about
City-related matters affecting their respective wards.
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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 to
Approve all clauses except clauses 5, 17, 19, 20, 21, 23 and 27
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That it BE NOTED that:
a)
Councillor
B. Polhill disclosed a pecuniary interest in clause 20 of this Report having
to do with the application of Shana’a Holdings Inc. relating to the property
located at 260 Sarnia Road, as the application may have been dealt with by
the Committee of Adjustment, by indicating that his son is a member of the
Committee of Adjustment; and,
b)
Councillor
J.P. Bryant disclosed a pecuniary interest in clause 20 of this Report having
to do with the application of Shana’a Holdings Inc. relating to the property
located at 260 Sarnia Road, by indicating that her husband is employed by The
University of Western Ontario.
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That the 2nd Report of the Advisory
Committee on the Environment from its meeting held on September 5, 2012, BE
RECEIVED.
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That, on the recommendation of the Managing
Director of Planning and City Planner, the application of the new “Planning
and Design Standards for Trails in Environmentally Significant Areas” for
current and proposed ESA planning projects, BE RECEIVED; it being noted that
the Trails Advisory Group for Environmentally Significant Areas Terms of
Reference was amended to change the reference to the City Ecologist and the
City Landscape Architect from Voting Members to Non-Voting Resource Group
members; it being further noted that one (1) representative from a Friends
Group was included as a Voting Member; it being further noted that the
Planning and Environment Committee reviewed and received a communication,
dated September 23, 2012, from G. Smith, Friends of Meadowlily Woods
Community Association, with respect to this matter. (2012-E04-00)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the report dated September 24, 2012,
with respect to the McCormick Area Study, related to the lands generally
bounded by Canadian Pacific Railway to the north, Quebec Street and Burbrook
Place to the west, Dundas Street to the south and Ashland Avenue and
McCormick Boulevard along the east, BE RECEIVED. (2012-D07-00)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the request from Clarke Family Holdings Inc. c/o Landea Developments Inc.,
for the property located at 1196 Sunningdale Road West:
a)
the
Approval Authority BE ADVISED that the Municipal Council supports granting a
3 year extension of the draft plan of subdivision, submitted by Clarke Family
Holdings c/o Landea Developments Inc., prepared by Whitney Engineering,
certified by Bruce Baker, File No. 39T-05511, (Drawing no. 3), as red-line
amended, which shows a total of twenty-five (25) low density residential
blocks, three (3) park blocks, one (1) stormwater management block and
various reserve blocks, served by two (2) new collector roads and four (4)
new local streets, SUBJECT TO the revised conditions contained in the attached
Appendix “39T-05511”; and,
b)
the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘39T-05511-A’ to the
associated staff report, dated September 24, 2012. (2012-D26-01)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the request from Auburn Developments Inc., for the properties located at 1284
and 1388 Sunningdale Road West and the northerly portion of 1139 Fanshawe
Park Road West:
a) the
Approval Authority BE ADVISED that the Municipal Council supports granting a
3 year extension of the draft plan of subdivision, submitted by Auburn
Developments Inc. (File 39T-04510), prepared by Auburn Developments Inc., prepared
by Stantec Consulting Inc., certified by Jeremy C. E. Matthews (Drawing No.
DP2, dated March 31, 2009), as red-line amended, which shows thirty (30) low
density residential blocks, three (3) medium density residential blocks,
three (3) park blocks, one (1) stormwater management block, walkway blocks
and various reserve blocks, served by two (2) new collector roads and ten
(10) new local streets, SUBJECT TO the revised conditions contained in the attached
Appendix “39T-04510”; and,
b) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘39T-04510-A’ to the
associated staff report, dated September 24, 2012. (2012-D26-01)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the request from Claybar Developments Inc, for the property located at 1139
Fanshawe Park Road West:
a)
the
Approval Authority BE ADVISED that the Municipal Council supports granting a
3 year extension of the draft plan of subdivision, submitted by Claybar
Developments Inc. (File 39T-04503), prepared by Stantec Consulting Inc.,
certified by Jeremy C.E. Matthews, as red-line amended, which shows a total
of twenty-three (23) low density residential blocks, one (1) medium density
residential block, one (1) high density residential block, one (1) commercial
block, three (3) school blocks, walkway and various reserve blocks, served by
one (1) new collector road and five (5) new local streets, SUBJECT TO the
revised conditions contained in the attached Appendix
“39T-04503”; and,
b)
the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘39T-04503-A’ to the
associated staff report, dated September 24, 2012. (2012-D26-01)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
entering into a subdivision agreement between The Corporation of the City of
London and Claybar Developments Inc., for the subdivision of land over Part
of Lot 23, Concession 5, City of London, County of Middlesex, situated on the
north side of Tokala Trail, west of Aldersbrook Gate, and north of Fanshawe
Park Road West:
a)
the
attached Special Provisions to be contained in a Subdivision
Agreement between The Corporation of the City of London and Claybar
Developments Inc. for the Claybar Subdivision, Phase 2 (39T-04503-2), BE
APPROVED;
b)
the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any
amending agreements and all related documents required to fulfill its
conditions; and,
c)
the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘39T-99515-A’ to the
associated staff report, dated September 24, 2012. (2012-D26-01)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
the Subdivision Agreement between The Corporation of the City of London and
Sifton Properties Limited, which was registered on the 14th day of December,
2011 as Instrument Number ER801293 for the Warbler Woods Subdivision:
a)
the
attached Subdivision Amendment Agreement, relating to the
subdivision agreement entered into between The Corporation of the City of
London and Sifton Properties Limited for the Hopedale/Warbler Woods West
(Phase 2) subdivision on Plan 33M-638, BE APPROVED; and,
b)
the
execution of the above-noted Amending Agreement BE DEFERRED until such time
that the Municipal Class EA Schedule “C” Environmental Study Report (ESR) for
the Tributary ‘C’ Storm/Drainage and SWM, Transportation and Sanitary
Servicing Works is accepted and the 30 day review period has expired.
(2012-D26-05)
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That, on the recommendation of the Senior
Planner, Development Services, the following actions be taken with respect to
entering into a subdivision agreement between The Corporation of the City of
London and Pemic Land Corp. and Sifton Properties Limited for the
subdivisions of land over all of Block 48, Plan 33M-549, City of London, County
of Middlesex, situated on the east side of Riverbend Road, north of Shore
Road, municipally known as 1480 Riverbend Road:
a)
the
attached Special Provisions to be contained in a Subdivision
Agreement between The Corporation of the City of London and Pemic Land Corp.
and Sifton Properties Limited for the Riverbend Meadows Subdivision,
(39T-10504), BE APPROVED;
b)
the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any
amending agreements and all related documents required to fulfill its
conditions; and,
c)
the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” and the “Sources of Financing Report” provided as
Appendix ‘39T-99515-A’ and ‘Schedule “B”, to the associated staff report,
dated September 24, 2012. (2012-D26-05)
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That, on the recommendation of the Manager,
Development Services, the following actions be taken with respect to fencing
standards in plans of subdivision:
a)
the
attached form of standard Amending Agreement with respect to
fencing standards in plans of subdivision, BE APPROVED; it being noted that
the Agreement will be applied to subdivisions 33M-458, 33M-494, 33M-562,
33M-601, and 33M-602, to resolve the matter of substandard parkland fencing
installation;
b)
the
Mayor and the City Clerk BE AUTHORIZED to execute this Amending Agreement and
all documents required to fulfill its conditions;
c)
Southside
Group BE REQUESTED to provide the Civic Administration with $39,982.00 to complete
the Agreement; it being noted that these funds will be deposited into a
deferred revenue account for future use to offset the cost of replacing the
parkland fence installed earlier than the current standard practice; and,
d)
Sifton
Properties Limited BE REQUESTED to provide the Civic Administration with
$30,190.00 to complete the Agreement; it being noted that these funds will be
deposited into a deferred revenue account for future use to offset the cost
of replacing the parkland fence installed earlier than the current standard
practice. (2012-D26-00)
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That
the Building Division Monthly Report for August 2012 BE RECEIVED.
(2012-D05-00)
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That, the following actions be taken with
respect to the 2nd Report of the London Advisory Committee on Heritage (LACH)
from its meeting held on September 12, 2012:
a)
the
Civic Administration BE ASKED to provide the Planning and Policy
Sub-Committee (PPSC) with a list of vacant heritage properties, as outlined
in the 2006 Inventory of Heritage Resources, to allow the PPSC to
provide comments to the LACH at a future meeting;
b)
the
Civic Administration BE ASKED to provide written interpretation on Section 34(2)
of the Ontario Heritage Act, with respect to the types of conditions
that can be imposed when Municipal Council consents to a demolition
application, including future site plan approval;
c)
the
Civic Administration BE ASKED to review the attached Solar
Panel Guidelines for Designated Heritage Properties, for use as an official
City of London guideline document;
d)
the
Stewardship Sub-Committee BE REQUESTED to prepare Statements of Significance
for all pioneer cemeteries that have not been designated;
e)
the
Heritage Planner BE REQUESTED to work with the Westminster-Delaware
Historical Society to identify and plaque the pioneer cemeteries that are
located in the former Westminster Township;
f)
the
Heritage Planner BE REQUESTED to forward the Statement of Significance, for
the property located at 1170 Wilton Grove Road, to the owner for signature;
g)
the
Stewardship Sub-Committee BE REQUESTED to review and report back to the LACH,
with respect to the Priority 1 building located at 2332 Main Street, Lambeth,
relating to the request for demolition for this property;
h)
the
Stewardship Sub-Committee BE REQUESTED to review and report back to the LACH,
with respect to the Priority 1 building located at 591 Maitland Street,
relating to the request for demolition for this property;
i) the
London Advisory Committee on Heritage (LACH) was advised of the following by
the Heritage Planner:
·
the
London Public Library will be presenting an “Architecture in Film” series;
·
the
“Freedom Tree” in Westminster Ponds is being renamed the “Meeting Tree” and
Trees Ontario will be putting a plaque near the tree at a ceremony to be held
in September, 2012; and,
·
Doors
Open and Culture Days events have been combined and will be held the last
weekend in September;
j)
on
the recommendation of the Director, Land Use Planning and City Planner, with
the advice of the Heritage Planner, the Heritage Alteration Permit
Application of B. Iaboni, requesting permission for changes to the roof,
façade, including painting some of the bricks around the window, and porch of
the designated heritage property located at 642 Princess 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; it
being further noted that the LACH heard a verbal presentation from Mr.
Iaboni, with respect to this matter; and,
k)
that
clauses 5 through 15, inclusive, of the 2nd Report of the LACH, BE RECEIVED
AND NOTED;
it
being noted that the Planning and Environment Committee heard a verbal
presentation from W. Kinghorn, Vice-Chair, LACH, with respect to these
matters.
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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 for a one floor commercial
building by L’Arche London, relating to the property located at 4448 Colonel
Talbot Road:
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 to permit a one floor commercial
building;
b)
the
Approval Authority BE ADVISED that the Municipal Council supports the
approval of the attached site plan elevations; and,
c)
the
financing for the project BE APPROVED in accordance with the “Claims and
Revenues Report”, provided as Schedule “B” to the associated staff report,
dated September 24, 2012. (2012-D25-00)
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That, on the recommendation of the Manager,
Development Planning, the following actions be taken with respect to the site
plan approval application of London Affordable Housing Foundation for an
apartment building with 25 one-bedroom units at 1461 Huron Street:
a)
the
Approval Authority BE ADVISED that at the public participation meeting of the
Planning and Environment Committee held with respect to this matter, issues
were raised with respect to the timing of the removal of the holding
provision as the contractor is eager to commence with the work;
b)
the
Approval Authority BE ADVISED that the Municipal Council supports the Site
Plan application for an apartment building with 25 one bedroom units; and,
c)
the
Civic Administration BE ASKED to prepare a report to remove the holding
provisions at a special meeting of the Planning and Environment Committee to
be held on Tuesday, October 9, 2012. (2012-D25-00/C03-00)
it being pointed
out that at the public participation meeting associated with this matter, the
following individual made an oral submission in connection therewith:
- G. Playford, on behalf of the
applicant – expressing concern with the timing of the removal of the
holding provisions; and requesting that a special meeting of the
Planning and Environment Committee be held on October 9, 2012 to receive
a report from the Civic Administration with respect to the removal of
the holding provisions.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of the London Convention Centre (City of London),
relating to the property located at 299 King Street:
a)
the
revised, attached proposed by-law BE INTRODUCED at the
Municipal Council meeting to be held on October 9, 2012, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), TO extend the
Temporary (T-53) Zone, to recognize the temporary commercial surface parking
lot as a permitted use for a period of three (3) years from the date of
passing of the by-law;
b)
pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal
Council, no further notice BE GIVEN with respect to the proposed by-law as
the proposed amendment is minor in nature; and,
c)
the
Civic Administration BE REQUESTED to report back, to the appropriate Standing
Committee, with respect to the following:
i)
the
organization responsible for paying for and maintaining the meters;
ii)
how
much revenue does the City receive from the meters; and,
iii)
how
the revenue is expended;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2012-D11-05)
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That the communication, dated September 12,
2012 and the verbal presentation from J. Brick, Coordinator, Hydrology and
Regulatory Services, Upper Thames River Conservation Authority, with respect
to the Planning and Environment Committee recommendation relating to
residential intensification in flood plains in the City of London, BE
RECEIVED. (2012-E07-00)
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That, on the recommendation of the Managing
Director, Development and Compliance Services and Chief Building Official,
the following actions be taken with respect to local renewable electricity
generation projects seeking Ontario Feed-In-Tariff (FIT) Contracts:
a) pursuant
to section 13.8 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting held on July 24 and 25, 2012, with respect to
clause 5 of the 20th Report of the Planning and Environment Committee,
related to the approval of forms for Municipal Support Resolutions under the
Province’s FIT Program BE RECONSIDERED as the Ontario Power Authority
(OPA) has subsequently released prescribed forms related to this Program;
b) the
said Clause 5 of the 20th Report of the Planning and Environment Committee
from its meeting held on July 23, 2012 BE RESCINDED; and,
c) the
Civic Administration BE DIRECTED to undertake the following actions
with respect to proposed changes (Program Rules) to the Feed-in-Tariff (FIT)
Program, operated by the Ontario Power Authority (OPA):
i)
undertake
the process described in the recommendations below when the Draft FIT Program
Rules (April 5, 2012), which are designed to assist renewable energy project
developers obtain timely Municipal Council Support Resolutions, are finalized
in the very near future; it being noted that if the FIT Program Rules are
substantially changed when finalized, the Civic Administration will revise
these recommendations and resubmit, if required;
A)
co-ordinate
and review all requests for a Municipal Council Support Resolution and
determine if the request(s) fall into Category 1 Projects (all rooftop solar
anywhere in London), Category 2 Projects (ground-mounted solar at specific
locations in London) or Category 3 Projects (significant FIT projects, such
as wind, biomass and biogas at specific locations in London);
B)
for
Category 1 Projects, the proposed resolution that the construction and
operation of rooftop solar projects, having little or no potential for
impacts on adjacent properties, be supported without reservation anywhere in
London where permitted by the Province of Ontario’s Feed-In Tariff (FIT)
Program rules be approved, as set out in the Municipal Council Blanket Support
Resolution attached hereto as Appendix “A”;
C)
for
Category 2 Projects, the proposed resolution that the construction and
operation of ground-mounted solar projects, having little or no potential for
impacts on adjacent properties, be supported at a specific location(s)
identified by the project developer where permitted by the Province
of Ontario’s Feed-In Tariff (FIT) Program rules be approved as at two step
process:
i)
the
Civic Administration prepare a recommendation report to the appropriate
Standing Committee, commenting on the proposed location; and,
ii)
if
supported by the Civic Administration, submit a Municipal Council Support
Resolution attached hereto as Appendix “B” as part of the
report to the appropriate Standing Committee; and,
D) for
Category 3 Projects, the Civic Administration will review and offer
recommendations to Council on the required steps for undertaking these types
of projects and opportunities for a Municipal Council Support Resolution;
E)
co-ordinate
the Municipal Council Support Resolution process through the Land Use
Planning Division; it being noted that liaison will take place with the Civic
Administration from Development & Compliance and Environmental &
Engineering Services;
d) the
Mayor and the City Clerk BE AUTHORIZED to sign any requested Council
Resolution for Category 1 Projects using the Municipal Council Blanket Support
Resolution (Appendix “A”); it being noted that these
recommendations are solely for the purpose of enabling an applicant of the
FIT Program to receive priority points under the new FIT Program rules, and
may not be used for the purpose of any other form of municipal approval in
relation to the application or project or any other purpose; and,
e) the
Civic Administration BE DIRECTED to take the necessary action to
provide notice of the proposed fee schedule for processing Category 2 and
Category 3 FIT applications and an amendment to Planning Fees By-law CP-18 to
be considered at a future Public Participation Meeting before the appropriate
Standing Committee.
(2012-W12-00)
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That the communication, dated September 10,
2012, from Councillor J. Bryant, with respect to a request for Civic
Administration to complete a neighbourhood plan for Oxford Park BE REFERRED
to the Civic Administration to determine the placement of the request in the
Planning Department Work Program. (2012-D20-00)
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That the delegation request from C. Linton,
Norquay Developments, with respect to Phase 2 of the Crestwood Subdivision BE
REFERRED to the October 15, 2012 Planning and Environment Committee meeting;
it being noted that the Civic Administration will prepare a report with
respect to this matter. (2012-D11-07)
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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 to Approve clause 5.
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That, on the recommendation of the Senior
Planner, Development Services and the Senior Planner, Development Planning,
the following actions be taken with respect to the request from Landea
Developments Inc. for the property located at 995 Fanshawe Park Road West:
a)
the
Approval Authority BE ADVISED that the Municipal Council supports granting a
3 year extension of the draft plan of subdivision, submitted by Landea
Developments Inc. (File No. 39T-05512), prepared by Whitney Engineering Inc.,
certified by Jason Wilband (Drawing No. 2), which shows twenty (20) low
density residential blocks, two (2) multi-family blocks, one (1) commercial
block, two (2) stormwater management blocks and various reserve blocks,
served by one (1) new collector roads and four (4) new local streets, SUBJECT
TO the revised conditions contained in the attached Appendix
“39T-05512”;
b)
the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix ‘39T-05512-A’ to the
associated staff report, dated September 24, 2012;
c)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 9, 2012 to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of 995 Fanshawe Park
Road West FROM a Holding Residential R1 Special Provision (h. h-100 R1-3(8))
Zone and a Holding Residential R1 (h. h-100 R1-13) Zone TO a Residential R1
Special Provision (R1-3(8)) and a Residential R1 (R1-13) Zone, to remove the
h. and h-100 holding provisions; and,
d)
the
application to change the zoning of a portion of the subject lands FROM a
Holding Residential R1 (h. h-100. R1-13) Zone TO a Residential R1 (R1-13) Zone,
to remove the h. and h-100 holding provisions from lots 13-29 BE DEFERRED
until such time as the easement in favour of the City has been removed from
these lots. (2012-D26-04)
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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, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
(14)
NAYS: M. Brown (1)
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|
Motion made by Councillor B. Polhill to
Approve clause 17.
|
|
That, on the recommendation of the Managing
Director, Planning and City Planner, based on the application of the City of
London relating to the property located at 707 & 711 Waterloo Street, the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 9, 2012, to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of the subject
property FROM a Residential R2 Special Provision/Neighbourhood Facility (R2-2(2)/NF1)
Zone, which permits single detached dwellings (maximum two dwelling units),
churches, elementary schools, community centres, day care centres, libraries,
private schools, fire stations, private clubs and police stations, TO a
Residential R2 Special Provision/Neighbourhood Facility Special Provision
(R2-2(2)/NF1( )) Zone, to permit single-detached, semi-detached, duplex and
converted dwellings, elementary schools, churches, community centres, day
care centres, libraries and private schools, eliminating the fires stations,
private clubs, and police stations normally permitted in the NF1 Zone and to
permit a north interior side yard of zero (0) metres;
it being pointed
out that at the public participation meeting associated with this matter, the
following individual made an oral submission in connection therewith:
- R. Zelinka, Zelinka Priamo Ltd., on
behalf of the applicant – expressing support for the Civic
Administration’s recommendation; advising that this is a down zoning of
the existing school site; indicating that the proposed amendments are
expected by Montessori; and advising that the school supports the Civic
Administration’s recommendation. (2012-D11-02)
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|
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)
RECUSED: N. Branscombe (1)
|
|
Motion made by Councillor H.L. Usher to
Approve consideration of clause 19 with the 24th Report of the Planning and
Environment 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)
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|
Motion
made by Councillor B. Polhill to Approve clause 20.
|
|
That, notwithstanding the recommendation of
the Manager Director, Planning and City Planner, based on the application of
Shana’a Holdings Inc., relating to the property located at 260 Sarnia Road,
the Civic Administration BE DIRECTED to submit a by-law to implement the
applicant’s request to a future Planning and Environment Committee meeting,
to build four (4) units, with three (3) bedrooms in each, to a maximum of
twelve (12) bedrooms in total, increase the number of parking spaces and
report back at a future Planning and Environment Committee meeting;
it
being noted that the Planning and Environment Committee reviewed and received
a communication, dated September 17, 2012, from G. Kulczycki, Vice-President,
Resources and Operations, Western, with respect to this matter;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
H.
Froussios, Zelinka Priamo Ltd., on behalf of the applicant – advising that
multiple attached dwellings are allowed; indicating that the
applicant is allowed to build 27 units per hectare on this property; advising
that residential intensification conforms to the City of London Official
Plan; advising that this is not site specific zoning; indicating that the
applicant is proposing to remove the existing dwelling and replace it with a
new dwelling; disagreeing with the Civic Administration’s comments relating
to the Provincial Policy Statement (PPS); noting that he believes that this
application is consistent with the PPS; advising that this property is
adjacent to Western University’s new residential housing; indicating that the
proposed development will meet the needs of couples and students; advising
that there is currently access to municipal services and transit; advising
that the subject site satisfies the zoning requirements; advising that no
special regulations are being sought; indicating that in his opinion, the
subject lands are underutilized; disagreeing with the Civic Administrations
comments relating to the site not being unique within the surrounding
established residential neighbourhood; advising that the property is located
along an arterial road; indicating that he is waiting to hear the Ontario
Municipal Board decision relating to the Near Campus Neighbourhood Strategy;
indicating that this development is away from the interior of the low density
area of the development; advising that the application is compatible to the
site, as it functions as a transition between high and low density uses;
advising that the proposal meets all of the requirements; advising that this
is a unique situation and is not seen as a trigger for other development in
this area; and requesting that a revised by-law be submitted at the October
15, 2012 Planning and Environment Committee meeting.
·
M.
Hyrb, 249 Neville Drive – advising that her property is immediately south of
the proposed building; indicating that her house is a side-split; advising
that the properties are all bungalows and side-splits in her neighbourhood;
noting that there are no two-storey properties in the area; indicating that
Western University’s new student housing is enough in this area; indicating
that this application opens the door for further development, especially
along Sarnia Road; indicating that as soon as the property becomes a rental
unit and the owner is not on site, things get out of hand, such as garbage
and snow removal and noise; and expressing concern with the development, as
students may not necessarily see it as a three or four bedroom unit, they may
see six units, using the living room and dining room as bedrooms.
·
A.R.
Patton, Patton Cormier & Associates – advising that none of the issues
presented by the Civic Administration were raised at pre-consultation;
advising that the landlord is an experienced landlord; and advising that all
the problems associated with this property were raised before his clients’
ownership of the property. (2012-D11-07)
|
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, S. Orser,
D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (7)
NAYS: W.J. Armstrong, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher (7)
RECUSED: J.P. Bryant (1)
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|
Motion made by Councillor N. Branscombe and
seconded by Councillor H.L. Usher to Approve that, on the recommendation of
the Managing Director, Planning and City Planner, with respect to the application
of Shana’a Holdings Inc., the request to amend Zoning By-law No. Z.-1 to
change the zoning of the subject property FROM a Residential R1 (R1-9) Zone
which permits single detached dwellings, TO a Residential R3 (R3-3) Zone to
permit single detached dwellings, semi-detached dwellings, duplex dwellings,
triplex dwellings, converted dwellings and fourplex dwellings, BE REFUSED for
the following reasons:
a)
the
requested amendment is not consistent with the policies of the Provincial
Policy Statement, 2005 that encourage efficient development and land use
patterns which sustain the financial well-being of the municipality;
b)
the
requested amendment is not consistent with the Residential Intensification
policies of the Official Plan which direct intensification to ensure that
character and compatibility with the surrounding neighbourhood is maintained;
c)
the
requested amendment is not consistent with Council adopted Near Campus
Neighbourhoods Strategy policies regarding coordinated and comprehensive
applications for intensification as opposed to site-specific developments;
d)
the
requested amendment is not consistent with Council adopted policies
pertaining to the Great Near Campus Neighbourhoods Strategy which encourage
intensification in medium and high density designations and forms and
discourage continued intensification in low density forms of housing; and,
e)
the
requested amendment would constitute “spot” zoning and is not considered
appropriate in isolation from the surrounding neighbourhood. The subject site
does not have any special attributes which warrant a site specific amendment
to permit the proposed form and intensity of development
it
being noted that the Planning and Environment Committee reviewed and received
a communication, dated September 17, 2012, from G. Kulczycki, Vice-President,
Resources and Operations, Western, with respect to this matter;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
H.
Froussios, Zelinka Priamo Ltd., on behalf of the applicant – advising that
multiple attached dwellings are allowed; indicating that the applicant is
allowed to build 27 units per hectare on this property; advising that
residential intensification conforms to the City of London Official Plan;
advising that this is not site specific zoning; indicating that the applicant
is proposing to remove the existing dwelling and replace it with a new
dwelling; disagreeing with the Civic Administration’s comments relating to
the Provincial Policy Statement (PPS); noting that he believes that this
application is consistent with the PPS; advising that this property is
adjacent to Western University’s new residential housing; indicating that the
proposed development will meet the needs of couples and students; advising
that there is currently access to municipal services and transit; advising
that the subject site satisfies the zoning requirements; advising that no
special regulations are being sought; indicating that in his opinion, the
subject lands are underutilized; disagreeing with the Civic Administrations
comments relating to the site not being unique within the surrounding
established residential neighbourhood; advising that the property is located
along an arterial road; indicating that he is waiting to hear the Ontario
Municipal Board decision relating to the Near Campus Neighbourhood Strategy;
indicating that this development is away from the interior of the low density
area of the development; advising that the application is compatible to the
site, as it functions as a transition between high and low density uses;
advising that the proposal meets all of the requirements; advising that this
is a unique situation and is not seen as a trigger for other development in
this area; and requesting that a revised by-law be submitted at the October
15, 2012 Planning and Environment Committee meeting.
·
M.
Hyrb, 249 Neville Drive – advising that her property is immediately south of
the proposed building; indicating that her house is a side-split; advising
that the properties are all bungalows and side-splits in her neighbourhood;
noting that there are no two-storey properties in the area; indicating that
Western University’s new student housing is enough in this area; indicating
that this application opens the door for further development, especially
along Sarnia Road; indicating that as soon as the property becomes a rental
unit and the owner is not on site, things get out of hand, such as garbage
and snow removal and noise; and expressing concern with the development, as
students may not necessarily see it as a three or four bedroom unit, they may
see six units, using the living room and dining room as bedrooms.
·
A.R.
Patton, Patton Cormier & Associates – advising that none of the issues
presented by the Civic Administration were raised at pre-consultation;
advising that the landlord is an experienced landlord; and advising that all
the problems associated with this property were raised before his clients’
ownership of the property. (2012-D11-07)
|
|
Motion Passed
YEAS: J.F. Fontana, W.J. Armstrong, J.B.
Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher
(9)
NAYS: B. Polhill, D.G. Henderson, P. Van
Meerbergen, D. Brown, S.E. White (5)
RECUSED: J.P. Bryant (1)
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|
That, notwithstanding the recommendation of
the Director, Land Use Planning and City Planner, based on the application of
Kapland Inc. relating to the property located at 754 Maitland Street, the
Civic Administration BE DIRECTED to submit a report and a by-law to a future
Planning and Environment Committee meeting to rezone the subject property to
permit an additional three (3)-bedroom unit to be located within the existing
structure; it being noted that this will provide for a maximum of eleven (11)
bedrooms in the building;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication from A. Kaplansky, applicant; and,
·
the Planning Justification Report, dated June 6, 2012, from
Zelinka Priamo Ltd.;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
R.
Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – indicating that he
takes issue with most of the Civic Administration’s comments in their
presentation; answering the enquiry of how many bedrooms there are; noting
that there are currently four bedrooms in the existing units; advising that
the floor plan can only hold four more units; further noting that the
building will not accommodate five units, which is the maximum allowed;
indicating that the Provincial Policy Statement requires the Civic
Administration to identify and accommodate development; advising that the
intensification can be undertaken without changes to the exterior of the
building or adding additional parking; indicating that the City should follow
the Provincial Policy Statement; advising that the Planning and Environment
Committee was advised that the current zoning in the area is appropriate;
indicating that this neighbourhood used to have R-4 Zoning, which is why
there are a lot of legal non-conforming properties in the area; advising
that, within this area, there is a good mix of housing forms; advising that
the R2-2 Zone does not show the character of the area; advising that the applicant’s
property is located between a threeplex and a fiveplex; advising that spot
zoning comes across as two bad works; indicating that there is no need for a
site plan meeting on this site as this site isn’t changing; indicating that
there is adequate parking on the site; and requesting that the Planning and
Environment Committee approve the application as it clearly meets the intent
of the Provincial Policy Statement and the Official Plan.
·
A.
Kaplansky, applicant – advising that there were two houses for sale and the
deal was jeopardized. (2012-D11-04)
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|
At 6:08 PM the Mayor places Councillor P.
Hubert in the Chair and takes a seat at the Council board.
At 6:13 PM the Mayor resumes the Chair, and
Councillor P. Hubert takes a seat at the Council board.
|
|
Motion Failed
YEAS: J.F. Fontana, B. Polhill, S. Orser,
D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (7)
NAYS: W.J. Armstrong, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant (8)
|
|
Motion made by Councillor J.P. Bryant and
seconded by Councillor N. Branscombe to Approve that, on the
recommendation of the Director, Land Use Planning and City Planner, that the
application of Kapland Inc. relating to the property located at 754 Maitland
Street to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Residential R2 (R2-2) Zone which permits single detached,
semi-detached, duplex, and converted dwellings, TO a Residential R3 (R3-4)
Zone to permit single detached, semi-detached, duplex, triplex and converted
dwellings, BE REFUSED for the following reasons:
a)
the
current zoning for this area is appropriate, promotes neighbourhood
stability, and allows redevelopment of residential properties in a manner
which is compatible with the surrounding neighbourhood, consistent
with the Provincial Policy Statement;
b)
the
Site has previously been intensified to an appropriate density in conformity
with the neighbourhood and existing zoning by-law;
c)
the
requested amendment
is not consistent with the policies of the Provincial Policy Statement,
2005 which encourage efficient development and land use patterns which
sustain the financial well-being of the municipality;
d)
the
requested amendment is not consistent with the Council-approved Near
Campus Neighbourhood Policies;
e)
the
requested amendment is not consistent with the Residential Intensification
policies of the Official Plan;
f)
the
requested amendment could set a further precedent for additional multiple
unit residential uses and erode the residential character of the area; and
g)
the
proposed amendment would constitute "spot" zoning, and is not
considered appropriate in isolation from the surrounding neighbourhood; the
site is not unique and does not have any special attributes which would
warrant a site specific amendment;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication from A. Kaplansky, applicant; and,
·
the Planning Justification Report, dated June 6, 2012, from
Zelinka Priamo Ltd.;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
R.
Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – indicating that he
takes issue with most of the Civic Administration’s comments in their
presentation; answering the enquiry of how many bedrooms there are; noting
that there are currently four bedrooms in the existing units; advising that the
floor plan can only hold four more units; further noting that the building
will not accommodate five units, which is the maximum allowed; indicating
that the Provincial Policy Statement requires the Civic Administration to
identify and accommodate development; advising that the intensification can
be undertaken without changes to the exterior of the building or adding
additional parking; indicating that the City should follow the Provincial
Policy Statement; advising that the Planning and Environment Committee was
advised that the current zoning in the area is appropriate; indicating that
this neighbourhood used to have R-4 Zoning, which is why there are a lot of
legal non-conforming properties in the area; advising that, within this area,
there is a good mix of housing forms; advising that the R2-2 Zone does not
show the character of the area; advising that the applicant’s property is
located between a threeplex and a fiveplex; advising that spot zoning comes
across as two bad works; indicating that there is no need for a site plan
meeting on this site as this site isn’t changing; indicating that there is
adequate parking on the site; and requesting that the Planning and
Environment Committee approve the application as it clearly meets the intent
of the Provincial Policy Statement and the Official Plan.
·
A.
Kaplansky, applicant – advising that there were two houses for sale and the
deal was jeopardized. (2012-D11-04)
|
|
Motion Passed
YEAS: W.J. Armstrong, J.B. Swan, J.L.
Baechler, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L. Usher, J.P.
Bryant (9)
NAYS: J.F. Fontana, B. Polhill, S. Orser,
D.G. Henderson, P. Van Meerbergen, S.E. White (6)
|
At
6:21 PM Councillors P. Hubert and J.B. Swan leave the meeting.
Motion
made by Councillor B. Polhill to Approve clause 23.
|
That, notwithstanding the recommendation of
the Director, Land Use Planning and City Planner, the application of S. Farhi
relating to the demolition of the Priority 2 heritage property located at 199
Queens Avenue, BE DEFERRED to the November 26, 2012 Planning and Environment
Committee meeting, to allow the Civic Administration, the applicant and the
applicant’s architects, to review opportunities to incorporate all, or
portions of the Priority 2 building, into the future redevelopment of the
site; it being noted that the applicant has agreed to this deferral;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication from G. Hodder, President, ACO London
Region; and,
·
a communication from S. Farhi, Farhi Holdings Corporation;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
S.
Farhi, Farhi Holdings Corporation, applicant – indicating that he is the #1
friend to heritage restoration in Southwestern Ontario; indicating that for
his property located at 215 Dundas Street, he has a prospective tenant, but
the tenant requires 40 parking spaces; advising that he can no longer use the
parking in Citi Plaza, as it is being used by the tenants in the Plaza;
indicating that he currently needs approximately 360 parking spots; advising
that he owns approximately 50,000 to 100,000 square feet in heritage
buildings; indicating that his proposed development will cost over
$50,000,000 to build; indicating that this will give the City over $1,000,000
in taxes; advising that he is trying to bring heritage buildings to life;
advising that this development will assist with parking; advising that the
downtown is short 1,400 parking spaces; and, advising that sometimes you need
to sacrifice one building to save others.
·
T.
Tillman, Tillman, Ruth, Robinson Architects – advising that Mr. Farhi
contacted them one and a half months ago to determine what could be built at
this location; indicating that they are proposing to build a 23-storey tower,
with three-storey townhouses, parking in the rear, a ramp for parking below
grade; advising that they are incorporating good urban design practices;
indicating that they hope to have 5,000 to 6,000 square feet of retail space;
advising that brick will be used as a major cladding material, both
red-orange and charcoal, to fit into the surrounding areas; advising that the
front doors of the proposed residences will face along Queens Avenue;
indicating that the development fits in with the streetscape; noting that
they are keeping the development back from the street; showing respect to the
London Club; and advising that part of the property is municipally owned.
·
A.
McColl-Lindsay, 510 Princess Avenue – advising that the Woodfield community
is opposed to the demolition of any sound building; advising that the
decision to demolish a heritage building can have an impact on other heritage
buildings; indicating that this area is the introduction to a historic
district; quoting Mr. M. Baker’s comments from the 2011 Stantec Consulting
report; advising that the Committee is being asked to sacrifice a late 1880’s
house to make a parking lot bigger; advising that 199 Queens Avenue sits on
the grass on the corner of the lot; advising that the former owners of this
house included London’s leading citizens, such as Tom Hiscox; advising that,
when Mr. T. Hiscox died in 1885, he was the largest real estate owner in
London; advising that his son, George, built up their real estate holdings
while living in this house; advising that the Hiscox family is the closest to
being a tribute to Mr. Farhi; advising that Mr. Hiscox was an Alderman for 7
years; advising that Mr. Hiscox ran a hospital for $5,000 less than anyone
who held the post previously; indicating that he was a Justice of the Peace
for the City; advising that Mr. Farhi has a chance to make history work for
him; indicating that the building could be turned into a museum, with full
photos and slides of Farhi’s buildings, including the history of Farhi’s
holdings; advising that the City currently lacks a policy for parking lots;
advising that in Stratford, if you put a quarter into a parking meter, you
can walk for 30 minutes past historic buildings; noting that in London, a
quarter gets you 10 minutes and panhandled at least once; and, noting that,
in Detroit, they removed a number of Victorian houses to build an automotive
mall.
·
K.
McKeating, 329 Victoria Street – advising that the City should be very
careful on setting a precedent when creating a Downtown Heritage Conservation
District; noting that demolishing a building in a Heritage Conservation
District sends the wrong message; advising that this building is across from
St. Peter’s Cathedral and beside the London Club; indicating that this is a
strong, attractive building; indicating that there is no need to tear it
down; indicating that there is no requirement to tear down this building to
put in a new development; expressing caution about spending a lot of money
for the installation of a parking lot; indicating that parking should be
underground; expressing concern with putting the Committee in the
uncomfortable position of making a decision from their landlord and asking
that Members consider the perception.
·
G.
Hodder, ACO London Region – appealing to the Planning and Environment
Committee and the Municipal Council to not demolish the building as it is in
good condition; asking that the building not be torn down to build a parking
lot; advising that this property is part of the Downtown Heritage
Conservation District and is also listed on the 2006 Inventory of Heritage
Resources; indicating that the building is a stone’s throw away from
Richmond Street; asking that the Councillors reflect on what will be lost if
the building is demolished; and advising that Mr. Farhi received the ACO
Award in 2010 for the renovations to the Pitney Bowles building.
·
A.
Kaplansky, 599 Maitland Street – advising that for the future of economic
prosperity, you need to give up some history. (2012-D10-00/D13-00)
|
|
Motion
made by Councillor B. Polhill and seconded by Councillor S. Orser to Amend
clause 23
in line 1 by deleting the words
“notwithstanding the recommendation of the Manager of Land Use Planning and
City Planner”.
|
|
At 6:25 PM the Mayor places Councillor P.
Van Meerbergen in the Chair, and takes a seat at the Council board.
At 6:30 PM the Mayor resumes the Chair and
Councillor P. Van Meerbergen takes his seat at the Council board.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, 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 (13)
RECUSED: J.B. Swan, P. Hubert (2)
|
|
Motion
made by Councillor B. Polhill to Approve clause 23 as amended.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, 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 (13)
RECUSED: J.B. Swan, P. Hubert (2)
|
Clause
23, as amended, reads as follows:
That the application of S. Farhi relating to
the demolition of the Priority 2 heritage property located at 199 Queens
Avenue, BE DEFERRED to the November 26, 2012 Planning and Environment Committee
meeting, to allow the Civic Administration, the applicant and the applicant’s
architects, to review opportunities to incorporate all, or portions of the Priority
2 building, into the future redevelopment of the site; it being noted that the
applicant has agreed to this deferral;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
·
a communication from G. Hodder, President, ACO London Region;
and,
·
a communication from S. Farhi, Farhi Holdings Corporation;
it
being pointed out that at the public participation meeting associated with this
matter, the following individuals made oral submissions in connection
therewith:
·
S.
Farhi, Farhi Holdings Corporation, applicant – indicating that he is the #1
friend to heritage restoration in Southwestern Ontario; indicating that for his
property located at 215 Dundas Street, he has a prospective tenant, but the
tenant requires 40 parking spaces; advising that he can no longer use the
parking in Citi Plaza, as it is being used by the tenants in the Plaza;
indicating that he currently needs approximately 360 parking spots; advising
that he owns approximately 50,000 to 100,000 square feet in heritage buildings;
indicating that his proposed development will cost over $50,000,000 to build;
indicating that this will give the City over $1,000,000 in taxes; advising that
he is trying to bring heritage buildings to life; advising that this
development will assist with parking; advising that the downtown is short 1,400
parking spaces; and, advising that sometimes you need to sacrifice one building
to save others.
·
T.
Tillman, Tillman, Ruth, Robinson Architects – advising that Mr. Farhi contacted
them one and a half months ago to determine what could be built at this
location; indicating that they are proposing to build a 23-storey tower, with
three-storey townhouses, parking in the rear, a ramp for parking below grade;
advising that they are incorporating good urban design practices; indicating
that they hope to have 5,000 to 6,000 square feet of retail space; advising
that brick will be used as a major cladding material, both red-orange and
charcoal, to fit into the surrounding areas; advising that the front doors of
the proposed residences will face along Queens Avenue; indicating that the
development fits in with the streetscape; noting that they are keeping the
development back from the street; showing respect to the London Club; and
advising that part of the property is municipally owned.
·
A.
McColl-Lindsay, 510 Princess Avenue – advising that the Woodfield community is
opposed to the demolition of any sound building; advising that the decision to
demolish a heritage building can have an impact on other heritage buildings;
indicating that this area is the introduction to a historic district; quoting
Mr. M. Baker’s comments from the 2011 Stantec Consulting report; advising that
the Committee is being asked to sacrifice a late 1880’s house to make a parking
lot bigger; advising that 199 Queens Avenue sits on the grass on the corner of
the lot; advising that the former owners of this house included London’s
leading citizens, such as Tom Hiscox; advising that, when Mr. T. Hiscox died in
1885, he was the largest real estate owner in London; advising that his son,
George, built up their real estate holdings while living in this house;
advising that the Hiscox family is the closest to being a tribute to Mr. Farhi;
advising that Mr. Hiscox was an Alderman for 7 years; advising that Mr. Hiscox
ran a hospital for $5,000 less than anyone who held the post previously;
indicating that he was a Justice of the Peace for the City; advising that Mr.
Farhi has a chance to make history work for him; indicating that the building
could be turned into a museum, with full photos and slides of Farhi’s
buildings, including the history of Farhi’s holdings; advising that the City
currently lacks a policy for parking lots; advising that in Stratford, if you
put a quarter into a parking meter, you can walk for 30 minutes past historic
buildings; noting that in London, a quarter gets you 10 minutes and panhandled
at least once; and, noting that, in Detroit, they removed a number of Victorian
houses to build an automotive mall.
·
K.
McKeating, 329 Victoria Street – advising that the City should be very careful
on setting a precedent when creating a Downtown Heritage Conservation District;
noting that demolishing a building in a Heritage Conservation District sends
the wrong message; advising that this building is across from St. Peter’s
Cathedral and beside the London Club; indicating that this is a strong,
attractive building; indicating that there is no need to tear it down;
indicating that there is no requirement to tear down this building to put in a
new development; expressing caution about spending a lot of money for the
installation of a parking lot; indicating that parking should be underground;
expressing concern with putting the Committee in the uncomfortable position of
making a decision from their landlord and asking that Members consider the
perception.
·
G.
Hodder, ACO London Region – appealing to the Planning and Environment Committee
and the Municipal Council to not demolish the building as it is in good
condition; asking that the building not be torn down to build a parking lot;
advising that this property is part of the Downtown Heritage Conservation
District and is also listed on the 2006 Inventory of Heritage Resources;
indicating that the building is a stone’s throw away from Richmond Street;
asking that the Councillors reflect on what will be lost if the building is
demolished; and advising that Mr. Farhi received the ACO Award in 2010 for the
renovations to the Pitney Bowles building.
·
A.
Kaplansky, 599 Maitland Street – advising that for the future of economic
prosperity, you need to give up some history. (2012-D10-00/D13-00)
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Motion
made by Councillor B. Polhill to Approve clause 27.
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Pursuant to Section 2.8 of the Council
Procedure By-law, a special Planning and Environment Committee meeting BE
HELD at Centennial Hall, at a date and time to be determined, for the purpose
of hearing public submissions relating to the proposed methadone clinic at
425 Wharncliffe Road South.
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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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At 6:40 PM, the
Council recognizes the following City of London Employees who have achieved
25 years of service during 2012:
Development & Compliance Services -
James Botaitis, Frank Gerrits, Terry Grawey, Orest Katolyk, Peter Michael
Sikic, Douglas Stanlake
Engineering - Richard Todd Atkinson, John
(Giovanni) Bolzonello, Douglas Arthur Dunoon, Don Durkee, John Haynes, Sam
Haynes, Kees Louws, Richard Murdoch, Rick Pedlow, Perry Allen Rose, Cynthia
Seabrook, Don Simpson, Frank D. Vanhie, Tim Whitworth, Dan Whyte, Derrick
Zimmer
Planning - W.J. Charles Parker
Police - Leann Elizabeth Brown, Tony N.
Bubnowicz, Michael Costello, Arlene Fuller, Paul Werner Gedies, Steven
Goodine, Martha Hart, Lisa Heslop, Judith Hessel, E. Victoria Kelly,
JeffMartin, Lois Parker, Staff Sergeant Henry Pateman, Todd Smallman,
Sergeant Derek Spence, Nancy Stilwell, Lenard M. Van Esch
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Motion made by Councillor N. Branscombe and
seconded by Councillor J.B. Swan to recess.
Motion
Passed
The Council recesses at 6:46 PM and
reconvenes at 7:43 PM with Mayor J.F. Fontana in the Chair and all Members
present except Councillor S.E. White.
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Motion
made by Councillor B. Polhill to Approve clauses 1 to 3 of the 24th Report,
and the accompanying clause 19 from the 23rd Report.
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1.
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Disclosures of Pecuniary Interests
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That is BE NOTED that no pecuniary interests
were disclosed.
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That, on the recommendation of the Manager,
Development Services, based on the application of London Affordable Housing
Corporation, relating to the property located at 1461 Huron Street, the attached
proposed by-law BE INTRODUCED at the Municipal Council meeting to be held on
October 9, 2012 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
Neighbourhood Facility Special Provision/Residential R8 Bonus
(h*h-5*NF(2)/R8-4*B(17)) Zone TO a Neighbourhood Facility Special
Provision/Residential R8 Bonus (NF(2)/R8-4*B(17)) Zone, to remove the “h” and
“h-5” holding provision, subject to the Municipal Council endorsing clause 16
of the 23 Report of the Planning and Environment Committee, from its meeting
held on September 24, 2012, relating to the public site plan meeting held in
association with this matter.
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Recommendation: That, further to the
direction of the Planning & Environment Committee, at their meeting on
September 24, 2012, with respect to the application of Howard Darwin
Enterprises, relating to the property located at 4551 Wellington Road South,
the attached, amended, proposed by-laws BE INTRODUCED at
the Municipal Council meeting to be held on October 9, 2012. (2012-D11-03)
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That, the following actions be taken with
respect to the application of Howard Darwin Enterprises Limited, relating to
the property located at 4551 Wellington Road South:
a)
the
attached proposed by-law, to be amended at a special Planning
and Environment Committee meeting to be held on October 9, 2012, as outlined
in clause g), below, BE INTRODUCED at the Municipal Council meeting to be
held on October 9, 2012 to amend the Official Plan
to change the designation of a portion of the subject lands FROM an Urban Reserve- Industrial Growth designation TO a Light Industrial designation, to permit a wide range of light
industrial uses which involve assembling, fabricating, manufacturing,
processing and/or repair activities which are located in enclosed buildings,
require only a limited amount of outdoor storage and are unlikely to cause
adverse effects with respect to air, odour or water pollution, or excessive
noise levels;
b)
the
attached proposed by-law, to be amended at a special Planning
and Environment Committee meeting to be held on October 9, 2012, as outlined
in clause g), below,BE INTRODUCED at the Municipal Council
meeting to be held on October 9, 2012, to amend Zoning By-law No. 2000
(Former Town of Westminster) to delete the existing Industrial Holding (M2-H)
Zone and remove the site from the By-law;
c)
the
attached proposed by-law, to be amended at a special Planning
and Environment Committee meeting to be held on October 9, 2012, as outlined
in clause g), below, BE INTRODUCED at the Municipal Council meeting to be
held on October 9, 2012 to amend Zoning By-law No.
Z.-1, (in conformity with the Official Plan, as amended in part a), above),
to apply a Holding Light Industrial Special Provision
(h-5.h-17.h-18.h-55.h-103.LI1( )/LI6( )) Zone to the northeast corner
of the subject property to permit bakeries, business service establishments,
laboratories, manufacturing and assembly industries, support offices,
research and development establishments, warehouse and wholesale
establishments, custom workshop, brewing on premises establishments, service
trades and industries including paper and allied products, pharmaceutical and
medical products and printing, reproduction and data processing and building
and contracting establishments, transport terminals and storage depots with
special provisions to deal with outdoor storage, screening requirements and
MOE D-6 Guidelines and subject to holding provisions to address servicing,
archaeological assessment, traffic and urban design/site plan issues;
d)
the
attached proposed by-law, to be amended at a special Planning
and Environment Committee meeting to be held on October 9, 2012, as outlined
in clause g), below, BE INTRODUCED at the Municipal Council meeting to be
held on October 9, 2012 to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to apply a Holding Light Industrial
Special Provision (h-2.h-5.h-17.h-18.h-55.h-103.LI1( )/LI6( )) Zone to the southeast
portion of the property, permitting the same uses as above except for the
addition of another holding provision requiring an EIS, to a part of the
southerly portion of the subject property which includes lands between the
regulatory floodline and lands at the EIS “trigger distance”, a total
distance of approxismately 50 metres from the stream corridor boundary;
e)
the
attached proposed by-law, to be amended at a special Planning
and Environment Committee meeting to be held on October 9, 2012, as outlined
in clause g), below, BE INTRODUCED at the Municipal Council meeting on
October 9, 2012 to amend Zoning By-law No. Z.-1, (in conformity
with the Official Plan), to apply an Open Space (OS4) Zone to the southwest
portion of the subject property which includes lands below the regulatory
floodline;
f)
the
Site Plan Approval Authority BE REQUESTED to consider the design of the
“streetface” along Wellington Road and enhanced landscaping along that street
frontage because of the site’s location along a major entryway into the City;
it being
noted that, upon the passing of the zoning by-law amendments in clauses a) to
e), above, the applicant has agreed to withdraw their appeal to Zoning By-law
No. Z-1-051390 (Annexed Area Zoning By-law Amendment) through the Ontario
Municipal Board;
g)
the
Civic Administration BE ASKED to prepare a by-law to add an OS4 () Special
Provision Zone, to be applied to the lands beyond the 50m adjacent to
Dingman Creek, SUBJECT TO the completion of an environmental impact statement
(EIS) acceptable to the City, with the approval of the Upper Thames River
Conservation Authority (UTRCA), to permit the parking of transport truck
trailers in association with a permitted use in an adjacent LI zone to an
elevation not greater than 0.5 metres below the Regulatory Flood Line, and
to add a requirement for public site plan review to address matters of
landscape, buffering, and the emission of noise, dust, odour and/or vibration, at a special
meeting of the Planning and Environment Committee to be held on Tuesday,
October 9, 2012; and,
h) 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 individual made an oral submission in connection therewith:
- R. Zelinka, Zelinka Priamo Ltd., on
behalf of the applicant – advising that the applicant has been trying to
resolve the Westminster Zoning By-law appeal since January, 2007;
advising that they have had good conversations with both Conservation
Authorities; advising that the recommendation does not include the L1-4
Zone; noting that he understands the basis for the exclusions of this
zone; indicating that this is a wide and shallow floodplain; recognizing
that they are dealing with a one in 100 year floodplain; advising that
the floodplain extends well into the applicant’s lands; advising that
the applicant intends to utilize a section of the property for the
storage of transport truck trailers which presents no hazard, no risk to
human safety and no impact to the creek if it floods; and requesting the
OS4 Zone, as it allows for the parking of the transport trailers on the
property. (2012-D11-03)
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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
(14)
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Motion
made by Councillor M. Brown to Approve clauses 1, 2, 3, 4 and 7.
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That
it BE NOTED that no pecuniary interests were disclosed.
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That the September 2012 Dearness Home
Community Newsletter BE RECEIVED.
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That the 1st Report of the Accessibility
Advisory Committee from its meeting held on August 23, 2012 BE RECEIVED.
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That the 1st Report of the London Housing
Advisory Committee from its meeting held on September 12, 2012, BE RECEIVED.
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That, on the recommendation of the Managing
Director, Parks and Recreation, the report dated October 1, 2012 with respect
to minor modifications to the Cenotaph Plaza in Victoria Park to support
Remembrance Day ceremonies BE RECEIVED for information. (2012-M09-00)
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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
(14)
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Motion made by Councillor M. Brown to
Approve clauses 5 and 6.
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That, on the recommendation of the Acting
Administrator, Ontario Works Administrator, the report dated October 1, 2012
with respect to the Ontario Works participant profile, July 2012, BE RECEIVED
for information. (2012-C16-00)
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That, on the recommendation of the Acting
Administrator, Ontario Works, the report dated October 1, 2012 with respect
to an Ontario Works caseload update, January to August, 2012, BE RECEIVED for
information. (2012-C16-00)
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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, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant (13)
RECUSED: P. Hubert (1)
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At
7:52 PM, Councillor S.E. White enters the meeting.
Motion
made by Councillor M. Brown to Approve clause 8.
That the Managing Director, Parks and
Recreation, BE DIRECTED to bring forward a draft by-law for introduction at a
future Municipal Council meeting with respect to smoking restrictions in
municipal outdoor spaces to:
a)
prohibit
smoking within 9 metres (30 feet) of playgrounds and recreation amenities in
municipal parks; and
b)
prohibit
smoking within 9 metres (30 feet) of an entrance to a municipally-owned
building;
it being noted the Community Services Committee
reviewed and received communications from the following
individuals/organizations in support of outdoor smoking restrictions:
·
Jenna
Challenger, 158 Broughdale Ave.;
·
Gemma
Urbani;
·
Sharon
Whiteside, Brain Tumour Foundation of Canada;
·
Dominique
Bruce, Canadian Cancer Society, Smokers’ Helpline;
·
Haylee
White, 158 Broughdale Ave.;
·
Reem
Gray; and,
·
Heather
Gillespie & Travis Wintjes;
And the following
individual/organization opposing outdoor smoking restrictions:
·
Rick
Pettit, Lambeth Harvestfest
it being pointed out that at the public
participation meeting associated
with this matter, the following individuals made oral submissions in connection
therewith:
·
Johnathon
Bullick, Member – Scent-Free London – providing an explanation of what chemical
sensitivities are, that is an environmental illness; noting that this can
affect an individual’s ability to travel, socialize, participate in recreation,
etc.; describing an outdoor smoking ban as protection and as a matter of
accessibility; noting multiple chemical sensitivity (MCS) is impacted by
smoking and that smoking is a mode of giving chemicals to individuals, and
making them addicted and requesting the Committee to support the rights of
non-smokers.
·
Stephanie
Dorman, PhD candidate and volunteer with the Canadian Cancer Society – noting
support for a ban of smoking in outdoor public spaces and entrance ways and
outlining her submission as included on the October 1, 2012 Community Services
Committee agenda.
·
Linda
Stobo, Manager of Chronic Disease Prevention and Tobacco Control, Middlesex
London Health Unit – providing the attached presentation and
indicating support for a ban on smoking in outdoor public spaces.
·
Margaret
Mitchell, London Public Library – presenting information as included on the
Community Services Committee Added Agenda, including a request to petition
other levels of government related to the fundamental problem of smoking on the
sidewalk outside the Central Library as it is considered a “highway” under the Highway
Traffic Act, and therefore by-laws cannot be applied to restrict smoking
there.
·
Kimberly
Cairns – noting that she is addressing the Committee, in order to give children
a voice and noting that Canadians are afforded choice whether to smoke or not;
suggesting that if someone was to offer a child a cigarette, it would not be
tolerated and noting support for the proposed restrictions.
·
Michael
Lewis – noting his opposition to some of the more severe options proposed, and
suggesting that the Smoke-free Ontario Act goes far enough to limit
smoking opportunities and the current legislation is adequate; noting that data
on second-hand smoke outdoors is not proven and noting that of the 444
municipalities in Ontario, only 13 have full outdoor bans; noting that some
studies have indicated obesity is far more of a health issue than smoking, and
unhealthy foods are actually encouraged at festivals and suggesting that the 9m
restriction does very little to protect people from smoke and/or exhaust from
vehicles.
·
Gwyneth
Doty, 18 Lyndhurst Avenue – noting that she is a non-smoker, but does not agree
with any further restrictions being proposed; suggesting Council wastes too
much time and money on debate of non-issues and that smokers are tax payers
also and that these proposals are not democratic; indicating that everyone has
rights, not just non-smokers, smoking isn't the only ailment in society and
that Council should focus on other issues.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor H.L. Usher calls for a separate vote on parts a)
and b) of clause 8.
At
7:55 PM, Councillor B. Polhill leaves the meeting.
At
8:06 PM, Councillor B. Polhill enters the meeting.
The
motion to Approve part a) of clause 8 is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J. Armstrong,
J.B. Swan, J.L. Baechler, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson,
P. Van Meerbergen, D. Brown, J.P. Bryant, S.E. White (13)
NAYS: S. Orser, H.L. Usher (2)
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The
motion to Approve part b) of clause 8 is put.
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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 P. Hubert to Approve clauses 1 to 12, except clauses 2 and
4.
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That
it BE NOTED that no pecuniary interests were disclosed.
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That, on the recommendation of the City
Clerk, the Civic Administration BE DIRECTED to develop, host and promote a
“Join the Mayor/Councillor for the Day” trivia contest as part of Local
Government Week (October 14 to 20, 2012) in order to foster greater public
education regarding local government.
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That, on the recommendation of the Manager,
Risk Management, with the concurrence of the City Solicitor, the attached
proposed by-law (Appendix “B”) BE INTRODUCED at the Municipal Council meeting
on October 9, 2012 to amend Council Policy 12(1) entitled “Denial of Claims”
by repealing the Policy as the Policy is no longer necessary or appropriate.
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That, on the recommendation of the Director
of Intergovernmental and Community Liaison, the attached
pre-budget submission to the Federal Minister of Finance, our local MPs, and
the Federal Standing Committee on Finance BE SUPPORTED; it being noted that
the Civic Administration will continue to refine the content to reflect any
new information and emerging issues.
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That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal meeting to be held on October 9, 2012 to designate an area as an
improvement area and to establish the board of management for the purpose of
managing the Argyle Business Improvement Area in accordance with section 204
of the Municipal Act, 2001.
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That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
following actions be taken with respect to the 2011 annual report on
development charges reserve funds:
a)
the
annual statement of the City Treasurer (Appendix A and Appendix B) with
respect to the operation of the City Services Reserve Funds and Urban Works
Reserve Funds for the year ended December 31, 2011 BE RECEIVED for
information; and
b)
a
copy of this statement BE FORWARDED to the Minister of Municipal Affairs and
Housing in compliance with Section 43(3) of the Development Charges Act,
1997; it being noted that the Managing Director, Corporate Services and City
Treasurer, Chief Financial Officer gave a brief verbal overview with respect
to this matter.
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That, on the recommendation of the Deputy
City Treasurer, the attached proposed by-law BE INTRODUCED at
the Municipal Council meeting on October 9, 2012 for the purpose of repealing
and replacing By-Law No. A.-6605-11, being “A by-law relating to the signing
of the cheques drawn on certain bank accounts of The Corporation of the City
of London.”
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That, on the recommendation of the Managing
Director, Engineering Services & City Engineer, the following actions be
taken with respect to Tender 12-59:
a)
the
bids submitted by Safety-Kleen Canada Inc., 300 Woolwich Street South,
Breslau, ON N0B 1M0 of $73,361.89 and Case N’ Drum, 3462 White Oak Road,
London, ON N6E 2Z9 of $1,791.36 and Lubesource, 351 Caldari Road, Vaughan, ON
L4K 4S9 of $16,710.68 and Progressive Industrial Fluids Ltd., 1235 G Aerowood
Drive, Mississauga, ON L4W 1B9 of $3,886.50; HST extra for a one (1) year
period with options for two (2) additional one (1) year extensions, BE
ACCEPTED, it being noted that these bids are the low bid per item and meets
all of our terms, conditions, requirements and specifications in all areas;
b)
the
Civic Administration BE AUTHORIZED to undertake all of the administrative
acts that are necessary in connection with this contract; and,
c)
the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing purchase orders or contract record relating to
these matters of this approval.
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That, on the recommendation of the Managing
Director – Corporate Assets and the Managing Director, Engineering & City
Engineer, the following actions be taken with respect to the A.J. Tyler fuel
site upgrades:
a)
the
proposal submitted by Middlesex Supply and Maintenance Ltd., 331 Neptune
Crescent, London, Ontario, N6M 1A9 at its proposed price of $174,850 (HST
excluded) for the A.J. Tyler Fuel Site Upgrades BE ACCEPTED; it being pointed
out that the proposal is a single source bid and is in compliance with the
Procurement of Goods and Service Policy as per Section 14.4 Single Source,
clauses d) and e);
b)
the
Sources of Financing BE APPROVED as detailed in Appendix “A” of the
associated staff report dated September 24, 2012;
c)
the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
which are necessary in connection with this project; and
d)
the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract with the contractor for the work.
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The Finance and Administrative Services
Committee met in camera from 1:27 PM to 2:55 PM after having passed a motion
to do so, with respect to a confidential matter pertaining to reports, advice
and recommendations of officers and employees of the Corporation concerning
labour relations and employee negotiations in regard to one of the
Corporation’s associations or unions and litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
and advice which is the subject of solicitor client privilege, including
communications necessary for that purpose and for the purpose of providing
instructions and directions to officers and employees of the Corporation.
(See Confidential Appendix to the 26th Report of the Finance and
Administrative Services Committee enclosed for Members only.)
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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 P. Hubert to Approve clause 2.
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|
That, on the recommendation of the Managing
Director, Corporate Services and Chief Human Resources Officer, the report
dated September 24, 2012 regarding employee absenteeism BE RECEIVED for
information.
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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 P. Hubert to Approve clause 4.
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That, on the recommendation of the Managing
Director - Corporate Assets, on the advice of the Manager Realty Services,
with respect to the vacant property consisting of a portion of Pottersburg
Creek and the adjacent floodplain land owned by Elron Developments Limited,
municipally known as 600 - 650 Industrial Road, the following actions be
taken:
a)
the
offer submitted by Elron Developments Limited to donate to the City land
municipally known as 600 and 650 Industrial Road, located on the south of
Oxford Street East, north of Industrial Road, further described in the draft
Reference Plan as Parts 3, 4, 10 and 11 (shown in yellow on Schedule “A” attached),
containing an area of approximately 4 acres, for the purpose of the
protection and addition of floodplain lands and the watercourse in
perpetuity, for a nominal sum of $2.00 BE ACCEPTED, subject to the following
conditions:
i)
the
City and Elron Developments Limited agreeing to split the total cost in
preparing and depositing a reference plan on title (a cost of approximately
$15,000.00) setting out the lands to be conveyed, as well as the lands for
the multi-purpose easement for municipal services;
ii)
the
City agreeing to pay Elron Developments Limited’s legal fees of approximately
$2,500.00 plus disbursements to close this transaction, subject to
assessment;
b)
the
Sources of Financing BE APPROVED as detailed in Appendix “A” of the
associated staff report dated September 24, 2012; and
c)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 9, 2012 to approve this acquisition and to
authorize the Mayor and the City Clerk to execute the Agreement of Purchase
and Sale and the Grant of Easement agreement.
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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 H.L. Usher to Approve clauses 1, 2, 5, 6, and 7.
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|
That it BE NOTED that no pecuniary
interests were disclosed.
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That the 1st Report of the Transportation
Advisory Committee from its meeting held on September 4, 2012, BE RECEIVED.
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That, on the recommendation of the Managing
Director, Engineering and City Engineer, the following actions be taken with
respect the City of London entering into an agreement with A.U.G. Signals
Ltd. (AUG), to install an “Intelligent Drinking Water Monitoring System”
(IDWMS) connected to the City of London Water Distribution System, and to act
as a pilot demonstration site for the IDWMS:
a)
the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting to be held on October 9, 2012, to approve a
Memorandum of Understanding (MOU) between The Corporation of the City of
London and A.U.G. Signals Ltd.;
b)
the
Mayor and the City Clerk BE AUTHORIZED to execute the MOU substantially in
the form attached and to the satisfaction of the City
Solicitor, and all other documents required to fulfill the conditions of the
MOU; and,
c)
the
Civic Administration BE AUTHORIZED to undertake all administrative acts that
are necessary in connection with the MOU. (2012-W13-00)
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That, on the recommendation of the Managing
Director, Engineering and City Engineer, the following actions be taken with
respect to the Huron Street Watermain Crossing Municipal Class Environmental
Assessment Report:
a)
the
Huron Street Watermain Crossing Municipal Class Environmental Assessment
Report Executive Summary BE ACCEPTED;
b)
the
Notice of Completion of the Huron Street Watermain Crossing Municipal Class
Environmental Assessment Report BE ADVERTISED; and,
c)
the
Huron Street Watermain Crossing Municipal Class Environmental Assessment
Report BE PLACED on public record for a 30-day review period. (2012-W13-00)
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That, on the recommendation of the Managing
Director, Engineering and City Engineer, the following action be taken with
respect to the supply, delivery and pressurized unloading of chemical lime at
the Greenway Pollution Control Centre:
a)
approval
hereby BE GIVEN to enter into a two (2) year single source contract for the
supply, delivery and unloading of pressurized chemical lime at Greenway
Pollution Control Centre from Carmeuse Lime (Canada) Inc., 11 Stanwix Street,
21st Floor, Pittsburgh, PA, 15222;
b)
the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this contract;
c)
the
approval hereby BE CONDITIONAL upon the Corporation negotiating satisfactory
prices, terms and conditions with Carmeuse Lime, (Canada), Inc. to the
satisfaction of both the City Treasurer and the Managing Director,
Engineering and City Engineer; and,
d)
the
approval hereby BE CONDITIONAL upon the Corporation entering into a formal
contract or having a purchase order relating to the subject matter of this
approval. (2012-F13-00)
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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 H.L. Usher to Approve clause 3.
|
|
Motion made by and seconded by to
Approve That, on the recommendation of the Director, Environmental Programs
and Solid Waste, the following actions be taken with respect to the Curbside
Blue Box Program:
a)
the
phasing-in of an awareness and compliance program with respect to the
Curbside Blue Box Program BE APPROVED; it being noted that one of the primary
goals of the Program is to educate Londoners on the financial value of
correct curbside separation practices; and,
b)
the
attached proposed by-law (Appendix “A”), BE INTRODUCED at the
Municipal Council meeting to be held on October 9, 2012, to amend By-law
WM-12, a Municipal Waste and Resource Materials Collection By-law to allow
for containers with improperly sorted or non-recyclable material, not to be
collected. (2012-W08-00)
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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 H.L. Usher to Approve clause 4.
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That, on the recommendation of the Director,
Environmental Programs and Solid Waste, the report dated October 1, 2012,
with respect to the status of the Green Bin and Modified Garbage Collection
Pilot Project BE RECEIVED for information. (2012-W11-00)
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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 H.L. Usher to Approve clause 8.
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That, on the recommendation of the Managing
Director of Engineering and City Engineer, the attached
proposed by-Law (Appendix “A”) to amend the Sewer System Charge By-law
(WM-15) BE INTRODUCED at the Municipal Council meeting to be held on October
9, 2012; it being noted that these changes are being made to clarify imposing
sanitary sewer charges where there is a flow differential between the water
supply and sanitary sewer flow and to include procedures to apply for
exemptions and rebates;
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter. (2012-W10-00)
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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 H.L. Usher to Approve clause 9.
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That, on the recommendation of the Managing
Director, Development and Compliance Services and Chief Building Official,
the following actions be taken with respect to the application submitted by
KAP Holdings lnc. for the municipal addressing reassignment of Audrey Avenue:
a)
the
Manager of Development Services and Engineering Liaison BE REQUESTED to take
all the necessary steps to undertake re-addressing of the properties on the
eastern side of Audrey Avenue, between Huron Street and Broughdale Avenue,
from 2 Audrey Avenue to 4 Audrey Avenue; from 4 Audrey Avenue to 6 Audrey
Avenue; from 6 Audrey Avenue to 8 Audrey Avenue; from 8 Audrey Avenue to 10
Audrey Avenue; and, from 10 Audrey Avenue to 12 Audrey Avenue;
b)
the
applicant, Kap Holdings lnc., BE REQUIRED to compensate the owners of the
affected lots on Audrey Avenue one hundred dollars ($100.00) each for the
costs associated with the municipal address change;
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter. (2012-D17-00)
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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 H.L. Usher to Approve clause 10.
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That, on the recommendation of the Senior
Planner, the following actions be taken with respect to the application
submitted by Pemic Land Corp. for the street re-naming of the south portion
of Logans Way:
a)
the
south portion of Logans Way located west of Logans Run, within Registered
Plan 33M-549, BE RENAMED to Logans Trail;
b)
upon
the approval of the street name change, in a) above, the City Clerk BE
REQUESTED to introduce the attached by-law at a Municipal
Council meeting within 30 days following the date of registration of the
draft approved plan of subdivision submitted by Pemic Land Corp. and Sifton
Properties Ltd. (File No. 39T-10504), to rename the south portion of Logans
Way located west of Logans Run, within Registered Plan 33M-549, to Logans
Trail;
c)
within
six (6) months from the date of adoption of the by-law to rename the south
portion of Logans Way located west of Logans Run to Logans Trail, the Owner
BE DIRECTED to have a qualified masonry contractor replace the municipal number
and street name inscription on the existing homes on Logans Way (southern
leg), at no cost or expense to the homeowners or the City;
it being noted that the Civic Works
Committee received a communication dated September 24, 2012, from J. Mendham,
1504 Logans Way, with respect to this matter;
it being pointed out that there were no
oral submissions made at the public participation meeting held in connection
with this matter. (2012-D17-00)
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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 H.L. Usher and
seconded by Councillor N. Branscombe to Approve that pursuant to section 13.6
of the Council Procedure By-law, the actions of the Municipal Council taken
at its meeting held on June 26 and 27, 2012, with respect to part g) of
clause 16 of the 11th Report of the Civic Works Committee, related to the
Terms of Reference for the London Transit Commission (LTC) Long-Term Working
Group BE RECONSIDERED.
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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, H.L. Usher, J.P. Bryant, S.E.
White (14)
RECUSED: D. Brown (1)
|
Motion
made by Councillor H.L. Usher to Approve clause 11.
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That, on the recommendation of the LTC Long
Term Growth Report Working Group (LTCWG), the following actions be taken with
respect to the 2nd Report of the LTCWG from its meeting held on September 12,
2012:
a)
the
“Duties” included in the LTC Long Term Growth Report Working Group (LTCWG)
Terms of Reference BE AMENDED to read as follows:
“DUTIES:
The Working Group
shall:
a) review
the London 2030 Transportation Master Plan (TMP) in order to provide
recommendations to the Municipal Council on the implementation of the London
2030 TMP including, but not limited to, identifying priorities for roadway
investment, identifying potential amendments to existing land use and parking
policies that influence transit usage, and identifying opportunities for
improving the speed, frequency, comfort and reliability of public transit
services with a view to increased public transit ridership; and,
b)
review,
monitor and make recommendations to the Municipal Council with respect to the
Bus Rapid Transit business case development, implementation and transit route
restructuring;”
it being noted that the LTCWG held a
general discussion with respect to its Terms of Reference dated July 2012;
and,
b) the
following actions be taken with respect to the London 2030 Transportation
Master Plan Implementation Strategy:
i) the
Managing Director, Corporate Services and City Treasurer, Chief Financial
Officer BE INVITED to the next scheduled meeting of the LTC Long Term Growth
Report Working Group (LTCWG), to discuss various methods of advancing the Bus
Rapid Transit (BRT) in a sustainable way, starting with the 2013 Budget;
ii) the
London Transit Commission (LTC) BE ASKED to forward its BRT Business Case,
upon LTC approval, to the LTCWG for review; it being noted that the BRT
Business Case will identify the economic, environmental and social (community
access) returns associated with employing a BRT strategy;
iii)
the
Civic Administration BE ADVISED that the LTCWG acknowledges that Appendix Q,
of the Transportation Master Plan, ensures the policies for transportation
and transit from the TMP are incorporated into the new Official Plan; it
being noted that this is the direction from ReThink London and the Official
Plan Review; and,
iv) the
Civic Administration BE ADVISED that the LTCWG encourages continued efforts
to affect change in the Development Charges Act to identify barriers to
transit growth;
it being noted that the LTCWG heard the attached
presentation from J. Lucas, Divisional Manager, Transportation Planning and
Design, G. Barrett, Manager, Land Use Planning Policy, and L. Ducharme,
General Manager, London Transit Commission.
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|
Motion made by Councillor H.L. Usher and
seconded by Councillor N. Branscombe to Amend clause 11 to add a new clause
a) as follows:
a) that
part g) of Clause 16 of the 11th Report of the Civic Works Committee BE
RESCINDED.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E.
White (14)
RECUSED: D. Brown (1)
|
|
Motion
made by Councillor H.L. Usher and seconded by Councillor N. Branscombe to
Approve clause 11, 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
11, as amended, reads as follows:
That, on the recommendation of the LTC Long
Term Growth Report Working Group (LTCWG), the following actions be taken with
respect to the 2nd Report of the LTCWG from its meeting held on September 12,
2012:
a)
that
part g) of Clause 16 of the 11th Report of the Civic Works Committee BE
RESCINDED;
b)
the
“Duties” included in the LTC Long Term Growth Report Working Group (LTCWG)
Terms of Reference BE AMENDED to read as follows:
“DUTIES:
The Working Group
shall:
a) review
the London 2030 Transportation Master Plan (TMP) in order to provide
recommendations to the Municipal Council on the implementation of the London
2030 TMP including, but not limited to, identifying priorities for roadway
investment, identifying potential amendments to existing land use and parking
policies that influence transit usage, and identifying opportunities for
improving the speed, frequency, comfort and reliability of public transit
services with a view to increased public transit ridership; and,
b)
review,
monitor and make recommendations to the Municipal Council with respect to the
Bus Rapid Transit business case development, implementation and transit route
restructuring;”
it being noted that
the LTCWG held a general discussion with respect to its Terms of Reference
dated July 2012; and,
b) the
following actions be taken with respect to the London 2030 Transportation
Master Plan Implementation Strategy:
i) the
Managing Director, Corporate Services and City Treasurer, Chief Financial
Officer BE INVITED to the next scheduled meeting of the LTC Long Term Growth
Report Working Group (LTCWG), to discuss various methods of advancing the Bus
Rapid Transit (BRT) in a sustainable way, starting with the 2013 Budget;
ii) the
London Transit Commission (LTC) BE ASKED to forward its BRT Business Case, upon
LTC approval, to the LTCWG for review; it being noted that the BRT Business
Case will identify the economic, environmental and social (community access)
returns associated with employing a BRT strategy;
iv)
the
Civic Administration BE ADVISED that the LTCWG acknowledges that Appendix Q, of
the Transportation Master Plan, ensures the policies for transportation and
transit from the TMP are incorporated into the new Official Plan; it being
noted that this is the direction from ReThink London and the Official Plan
Review; and,
iv) the
Civic Administration BE ADVISED that the LTCWG encourages continued efforts to
affect change in the Development Charges Act to identify barriers to transit
growth;
it being noted that the LTCWG heard the attached
presentation from J. Lucas, Divisional Manager, Transportation Planning and
Design, G. Barrett, Manager, Land Use Planning Policy, and L. Ducharme, General
Manager, London Transit Commission.
Motion
made by Councillor H.L. Usher to Approve clause 12.
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That the following actions be taken with
respect to amendments to the Traffic and Parking By-law:
a)
the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting to be held on October 9, 2012, for the purpose of
amending the Traffic and Parking By-law (P.S. 111); and,
b)
the
Civic Administration BE REQUESTED to report back at a future meeting of the
Civic Works Committee (CWC) with respect to extending the provisions for no
parking on Trowbridge Avenue for the period of May 1 to October 31, every
year; it being noted that the report back should include any financial
impacts, such as lost revenue, that would be incurred with the proposed no
parking extension;
it being noted that the CWC received a
communication dated September 12, 2012 and heard a verbal delegation from D.
Engel, 220 Trowbridge Avenue and received the following communications with
respect to parking on Trowbridge Avenue:
- S. Martin and R. Hanshaw, 209
Trowbridge Avenue;
- D. Lowe, 189 Trowbridge Avenue, dated
October 1, 2012;
- R. Turner, 200 Trowbridge Avenue; and,
- R. Hanson, email; it also being noted
that K. MacAdam was unavailable to attend as a delegation. (2012-S09-00)
(2012-S04-00)
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|
Motion made by Councillor H.L. Usher and
seconded by Councillor S. Orser to Amend clause 12 by deleting part b) in its
entirety and by replacing it with a new part b) as follows:
b) the
Civic Administration BE REQUESTED to report back at a future meeting with
respect to allowing overnight parking from May 1 to October 31, every year;
it being noted that the report back should include any financial impacts,
such as lost revenue, that would be incurred as a result of extending the
period when overnight parking is allowed;
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion
made by Councillor H.L. Usher and seconded by Councillor S. Orser 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 the following actions be taken with
respect to amendments to the Traffic and Parking By-law:
a)
the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the
Municipal Council meeting to be held on October 9, 2012, for the purpose of
amending the Traffic and Parking By-law (P.S. 111); and,
b)
the
Civic Administration BE REQUESTED to report back at a future meeting with
respect to allowing overnight parking from May 1 to October 31, every year; it
being noted that the report back should include any financial impacts, such as
lost revenue, that would be incurred as a result of extending the period when
overnight parking is allowed;
it being noted that the CWC received a
communication dated September 12, 2012 and heard a verbal delegation from D.
Engel, 220 Trowbridge Avenue and received the following communications with
respect to parking on Trowbridge Avenue:
- S. Martin and R. Hanshaw, 209 Trowbridge
Avenue;
- D. Lowe, 189 Trowbridge Avenue, dated
October 1, 2012;
- R. Turner, 200 Trowbridge Avenue; and,
- R. Hanson, email; it also being noted
that K. MacAdam was unavailable to attend as a delegation. (2012-S09-00)
(2012-S04-00)
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Motion made by Councillor J.B. Swan to
Approve clauses 1 to 5.
|
|
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:
a)
the
interim report prepared by Michael Downie, Community Development Consultant,
which provides information relating to the South Street Campus lands
redevelopment process BE RECEIVED for information;
b)
the
Civic Administration BE DIRECTED to submit a source of funding at the October
16, 2012 meeting of the Investment and Economic Prosperity Committee (IEPC)
for the completion of the necessary servicing and planning studies to complete
the Master Development and Secondary Plans, including:
·
Hydro-geotechnical
·
Transportation
Impacts
·
Environmental
Impacts
·
Cultural
Heritage (north side of South Street)
·
Secondary
Plan;
c)
the
Civic Administration BE DIRECTED to submit, to the October 16, 2012 meeting
of the Investment and Economic Prosperity Committee (IEPC), a report
providing the following information:
·
timelines
for the completion of the Secondary Plan
·
phasing
of development
·
marketing
information and potential financial benefits to the community;
d)
the
Civic Administration BE DIRECTED to submit a report at a future meeting of
the IEPC outlining potential instruments that could be put in place, such as
a Development Corporation, to market the associated development initiatives;
it being noted that the IEPC received the attached presentation
from John Fleming, Managing Director Planning and City Planner regarding this
matter.
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|
That the communication dated July 12, 2012
from Gerry Macartney, CEO, London Chamber of Commerce regarding the due
diligence checklist for establishing a priority list of economic development
projects BE RECEIVED.
|
|
That, on the recommendation of the Director
of Corporate Investments and Partnerships, the attached report
entitled 'A Paradigm for Economic Prosperity' BE RECEIVED; it being noted
that the Investment and Economic Prosperity Committee received the attached
presentation from the Director of Corporate Investments and Partnerships,
regarding this matter.
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|
That, on the recommendation of the Director
of Corporate Investments and Partnerships and the Director of Environmental
Programs & Solid Waste, the following actions be taken with respect to
the City of London’s solar photovoltaic (PV) power strategy:
a)
the
attached Phase 1 Strategy for the pursuit of Offer Notices from
the Ontario Power Authority (OPA) for Small FIT rooftop solar power
generation systems on the City of London buildings BE APPROVED for
implementation by Civic Administration; it being noting that Ameresco will
continue to develop the Phase 2 and Phase 3 Strategies with respect to
microFIT solar and large FIT solar opportunities and that all submissions to
the OPA are occurring in a highly competitive environment (See Report attached.);
and
b)
the
Civic Administration BE DIRECTED to provide a report at the April 29, 2013 Investment
and Economic Prosperity Committee meeting with respect to the status of the
City of London’s Energy Strategy.
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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)
At
9:18 PM, Councillor W.J. Armstrong leaves the meeting.
|
Motion
made by Councillor P. Hubert to Approve clauses 1 to 4.
|
|
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
report dated September 27, 2012 with respect to the engagement of
PricewaterhouseCoopers (PwC) for advisory services BE RECEIVED for
information; it being noted that PwC LLP has been engaged by the Finance
Division to provide advisory services to the JD Edwards Upgrade Project.
|
|
That, on the recommendation of the Deputy
City Treasurer, the report dated September 27, 2012 outlining the MPMP
comparative measures for the three years ending December 31, 2009, 2010 and
2011, BE RECEIVED for information.
|
|
That the following actions be taken with
respect to the Quarterly Report on Internal Audit Results, dated September
27, 2012, from PricewaterhouseCoopers:
a)
Development
and Compliance Services – Building Control –
i)
prior
to the submission of the annual report, the Civic Administration BE REQUESTED
to provide an information report to the appropriate standing committee with
respect to cash flow projections based on available information, as it
relates to the departmental budget and reserve fund balances and
contributions; and,
ii)
the
Action Plans included as Appendix ‘A’ of the above-noted report BE
IMPLEMENTED;
b)
Parks
& Recreation – Health & Safety – the Action Plans included as
Appendix ‘B’ of the above-noted report BE IMPLEMENTED; and,
c)
Corporate
Services – Finance – Purchasing Cards – the Action Plans included as Appendix
‘C’ of the above-noted report BE IMPLEMENTED;
it being noted that the Audit Committee
also reviewed the Internal Audit Schedule going forward, the “Internal Audit
Scorecard” as at September 2012 and the status of past project Action Plans.
|
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, 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 (14)
|
Motion
made by Councillor P. Hubert 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, 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 (14)
|
At
9:21 PM, Councillor W.J. Armstrong enters the meeting.
None.
|
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve leave for introduction of emergent
motion, pursuant to section 19.2 of the Council Procedure By-law.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
|
Motion made by Councillor H.L. Usher and
seconded by Councillor J.L. Baechler to Approve that:
WHEREAS the current worldwide generation of
young people is the largest in human history with nearly half the world's
population-more than 3 billion people-under the age of 25, of which
approximately 51 percent or 1.51 billion are female;
AND WHEREAS sixty percent of girls say that
they experience stereotypes that limit their right to be themselves; 52
percent of girls say they experience stereotypes that limit their right to
express themselves with originality and enthusiasm; more than a third (37
percent) of girls feel constrained by these stereotypes, saying they don't
like them;
AND WHEREAS gender equality is a
fundamental right for all people as well as a cornerstone of global
development, as research shows that ¡nvest¡ng in girls can create a ripple
effect that not only improves the lives of girls but also benefits the
economic growth and the health and well-being of communities;
AND WHEREAS the United Nations has declared
October 11, 2012 as the first lnternational Day of the Girl Child and Canada
has led the international community in adopting this day
THAT all citizens BE URGED to support and
participate in programs and events to improve the lives of girls everywhere
in support of the first lnternational Day of the Girl Child.
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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 N. Branscombe and
seconded by Councillor D. Brown to Approve 1st reading of Bill No.s 394 to
415, excluding Bill No.s 398 and 405.
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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 N. Branscombe and
seconded by Councillor H.L. Usher to Approve 2nd reading of Bill No.s 394 to
415, excluding Bill No.s 398 and 405.
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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 Approve 3rd reading and enactment of Bill
No.s 394 to 415, excluding Bill No.s 398 and 405.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
Motion made by Councillor H.L. Usher and
seconded by Councillor N. Branscombe to Approve that pursuant to section 13.6
of the Council Procedure By-law, clause 4 of the 26th Report of the Finance and
Administrative Services Committee BE RECONSIDERED.
Motion Passed
Motion made by Councillor D.G. Henderson and
seconded by Councillor B. Polhill to Refer clause 4 back to the Finance and
Administrative Services Committee for a report back by the Civic Administration
regarding the environmental integrity of the subject property after the
environmental report has been completed; it being noted that in the meantime,
the Civic Administration was instructed to seek an Agreement of Purchase and
Sale with an irrevocable date that provides sufficient time for the
environmental investigation and analysis.
Motion
Passed
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Motion made by Councillor D. Brown and
seconded by Councillor N. Branscombe to Approve 1st reading of Bill No. 405.
|
|
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)
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|
Motion made by Councillor B. Polhill and
seconded by Councillor N. Branscombe to Approve 2nd reading of Bill No. 405.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: D.G. Henderson (1)
RECUSED: M. Brown (1)
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|
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve 3rd reading and enactment of Bill
No. 405.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, P. Hubert, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
NAYS: D.G. Henderson (1)
RECUSED: M. Brown (1)
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|
Motion made by Councillor J.P. Bryant and
seconded by Councillor N. Branscombe to Approve leave to introduce Bill No.s
416 to 418.
|
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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 H.L. Usher and seconded by Councillor D. Brown to Approve
1st reading of Bill No.s 416 to 418.
|
|
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, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
NAYS: D.G. Henderson (1)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor N. Branscombe to Approve 2nd reading of Bill No.s 416
to 418.
|
|
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, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)
NAYS: D.G. Henderson (1)
|
|
Motion
made by Councillor N. Branscombe and seconded by Councillor D. Brown to
Approve 3rd reading and enactment of Bill No.s 416 to 418.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (15)
|
The following by-laws are passed and enacted
as by-laws of The Corporation of the City of London:
|
Bill
No. 394, By-law No. A.-
|
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A by-law to confirm
the proceedings of the Council Meeting held on the 9th day of October, 2012.
(City Clerk)
|
|
Bill
No. 395, By-law No. A.-
|
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A by-law to
designate an area as an improvement area and to establish the board of
management for the purpose of managing the Argyle Business Improvement Area.
(7//FASC)
|
|
Bill
No. 396, By-law No. A.-
|
|
A by-law relating
to the signing of the cheques drawn or authorization of electronic funds or
wire transfers on certain bank accounts of The Corporation of the City of
London. (9/FASC)
|
|
Bill
No. 397, By-law No. A.-
|
|
A by-law to repeal
Council Policy 12(1) entitled, “Denial of Claims” as the Policy is no longer
necessary or appropriate. (5//FASC)
|
|
Bill
No. 399, By-law No. A.-
|
|
A by-law to
authorize a Memorandum of Understanding between A.U.G. Signals Ltd. and The
Corporation of the City of London to install an “Intelligent Drinking Water
Monitoring System” (IDWMS) connected to the City of London Water Distribution
System, and act as a pilot demonstration site for the IDWMS; and to authorize
the Mayor and the City Clerk to execute the Agreement. (//CWC)
|
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Bill
No. 400, By-law No. A.-5273()-amend
|
|
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.” (//)
|
|
Bill
No. 401, By-law No. A.-5895()-amend
|
|
A by-law to amend
By-law No. A.-5895-232 entitled, “A by-law to appoint Property Standards
Officers.” (Manager By-law Enforcement)
|
|
Bill
No. 402, By-law No. C.P.-
|
|
A by-law to exempt
from Part Lot Control, lands located on the south side of Silverfox Crescent,
at Denview Avenue, legally described as part of Block 80 in Registered Plan
33M-622, more particularly described as Parts 1-10 in Plan 33R18390 in the City
of London and County of Middlesex. (//PEC)
|
|
Bill
No. 403, By-law No. L.S.P.-
|
|
A by-law to
designate Meadowlily Bridge to be of historical and contextual value or
interest. (City Solicitor)
|
|
Bill
No. 404, By-law No. PR-2-amend
|
|
A by-law to amend
By-law PR-2 entitled, “A by-law relating to the use, protectoin and
regulation of public parks and recreation areas in the City of London.” (//)
|
|
Bill
No. 405, By-law No. PS-111-amend
|
|
A by-law to amend
By-law PS-111 entitled, “A by-law to regulate traffic and the parking of
motor vehicles in the City of London.” (//CWC)
|
|
Bill
No. 406, By-law No. S.-
|
|
A by-law to assume
certain works and services in the City of London. (Talbot Village – Phase 3;
Plan No. 33M-562) (City Engineer)
|
|
Bill
No. 407, By-law No. S.-
|
|
A by-law to lay
out, constitute, establish and assume certain reserves in the City of London.
(As widening to Old Garrison Boulevards, between Settlement Trail and Crane
Avenue) (Chief Surveyor)
|
|
Bill
No. 408, By-law No. S.-
|
|
A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (As widening to Huron Street, at Sandford Street) (Chief Surveyor)
|
|
Bill
No. 409, By-law No. S.-
|
|
A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (As widening to Windermere Road, west of Richmond Street; And as
widening to Windermere Road and Richmond Street) (Chief Surveyor)
|
|
Bill
No. 410, By-law No. W.-
|
|
A by-law to
authorize the 2012 Road Rehab – Local & Rural Project. (Project No.
TS3014-12) (7/14/CWC)
|
|
Bill
No. 411, By-law No. WM-12-amend
|
|
A by-law to amend
By-law WM-12 entitled, “A by-law to provide for the collection of municipal
waste and resource materials in the City of London. (//CWC)
|
|
Bill
No. 412, By-law No. WM-15-amend
|
|
A by-law to amend
By-law WM-15 entitled, “A by-law for imposing a sewer system charge.” (//CWC)
|
|
Bill
No. 413, By-law No. Z.-1-122136
|
|
A by-law to amend
By-law No. Z.-1 to remove holding provisions from the zoning for a portion of
land located at 995 Fanshawe Park Road West (5/23/PEC)
|
|
Bill
No. 414, By-law No. Z.-1-122137
|
|
A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 707 & 711 Waterloo
Street. (17/23/PEC)
|
|
Bill
No. 415, By-law No. Z.-1-122138
|
|
A by-law to amend
By-law No. Z.-1 to extend the Temporary Use (T-53) for an area of land
located at 299 King Street. (18/23/PEC)
|
|
Bill
No. 416
By-law
No. C.P.-1284(sr)-305
|
|
A by-law to amend
the Official Plan for the City of London, 1989 relating to 4551 Wellington
Road South. (19/24/PEC)
|
|
Bill
No. 417
By-law
No. Z.-1-122139
|
|
A by-law
to amend By-law No. Z.-1 to remove the holding provisions from the zoning on
land located at 1461 Huron Street. (16/24/PEC)
|
|
Bill
No.418
By-law
No. Z.-1-122140
|
|
A by-law
to amend By-law No. Z.-1 to rezone an area of land located at 4551 Wellington
Road South (19/24/PEC)
|
|
MOTION
FOR IN CAMERA SESSION
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser that Council rise and go into Committee of
the Whole, in camera, for the purpose of considering the following:
|
Motion
Passed
The
Council rises and goes into Committee of the Whole, in camera, at 9:45 PM with
Mayor J.F. Fontana in the Chair and all Members present except Councillor H.L.
Usher.
At
9:55 PM, G. Kotsifas leaves the meeting.
At
9:56 PM, Councillor Usher enters the meeting.
The Committee of the Whole rises and Council
resumes in regular session at 10:17 PM with Mayor J.F. Fontana in the Chair and
all Members present.
Councillor
P. Hubert reports progress with respect to the following matters:
|
a)
|
A matter pertaining to personal matters
about identifiable individuals, including municipal or local board employees,
relating to the 2013 Mayor’s New Year’s Honour List and the 2012 Ontario
Heritage Community Recognition Award;
|
|
b)
|
A matter pertaining to reports, advice and
recommendations of officers and employees of the Corporation concerning
labour relations and employee negotiations in regard to one of the
Corporation’s associations or unions and litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality
and advice which is the subject of solicitor client privilege, including
communications necessary for that purpose and for the purpose of providing
instructions and directions to officers and employees of the Corporation;
and,
|
|
c)
|
A matter pertaining to personal matters
about identifiable individuals, including municipal employees and labour
relations related to the PricewaterhouseCoopers’ Quarterly Report on Internal
Audit Results: Development and Compliance Services - Building Control.
|
Motion
made by Councillor P. Van Meerbergen and seconded by Councillor S. Orser to
Adjourn.
Motion
Passed
The
meeting adjourned at 10:19 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk