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Council

MINUTES

23RD MEETING

 

September 30, 2014

 

The Council meets in Regular Session in the Council Chambers this day at 4:02 PM.

 

PRESENT:  Mayor J. Baechler, Councillors B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant and S.E. White and C. Saunders (City Clerk).

 

ABSENT:  Councillor S. Orser.

 

ALSO PRESENT: J.P. Barber, J. Braam, B. Coxhead, S. Datars Bere, J.M. Fleming, M. Hayward, G.T. Hopcroft, O. Katolyk, J. Kobarda, G. Kotsifas, B. Martinez, V. McAlea Major, D. Mounteer, D. O’Brien, R. Paynter, M. Ribera, L.M. Rowe, S. Spring, J. Stanford, B. Warner and B. Westlake-Power.

 

At the beginning of the Meeting all Members are present, except Councillors D. Brown, S. Orser, J.B. Swan and P. Van Meerbergen.

 

I

DISCLOSURES OF PECUNIARY INTEREST

 

Councillor W.R. Monteith discloses a pecuniary interest in clause 3 of the 18th Report of the Strategic Priorities and Policy Committee, having to do with the appointment of M. Baldwin to the 2014 Striking Committee, by indicating that he sits on the Board of Pillar Non-Profit Network, of which Ms. Baldwin is Executive Director.

 

At 4:03 PM, Councillor J.B. Swan enters the meeting. 

 

Councillor J.P. Bryant discloses a pecuniary interest in part d) of clause 6 of the 17th Report of the Planning and Environment Committee, having to do with the London Advisory Committee on Heritage Report, as it relates to the property located at 317 Hyman Street, by indicating that her residence is in close proximity. 

 

II

REVIEW OF CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

 

None.

 

III

ADDED REPORTS

 

 

18th Report of the Strategic Priorities and Policy Committee

 

V

RECOGNITIONS

 

1.

Her Worship the Mayor presents a certificate for "London's Featured Community Organization" to the Society for Learning in Retirement London.

 

IV

COMMITTEE OF THE WHOLE, IN CAMERA

 

MOTION FOR IN CAMERA SESSION

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

 

a)

A matter pertaining to a personal matter about identifiable individuals, including municipal or local board employees, relating to the 2015 Mayor's New Year's Honour List. (C1/17/PEC)

 

 

 

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 communications necessary for those purposes. (C1/23/CSC)

 

c)

A matter for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition the disclosure of which  could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition. (C2/23/CSC)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, H.L. Usher, J.P. Bryant, S.E. White (12)

 

The Council rises and goes into the Committee of the Whole, in camera, at 4:12 PM, with Mayor J. Baechler in the Chair and all Members present except Councillors S. Orser, P. Van Meerbergen and D. Brown. 

 

Councillor P. Van Meerbergen enters the meeting at 4:16 PM. 

 

Councillor D. Brown enters the meeting at 4:17 PM.

 

The Committee of the Whole rises at 4:18 PM, and Council reconvenes at 4:26 PM, with Mayor J. Baechler in the Chair and all Members present except Councillors S. Orser and S.E. White.

 

VI

CONFIRMATION AND SIGNING OF THE MINUTES OF THE TWENTY-SECOND MEETING HELD ON SEPTEMBER 16, 2014

 

At 4:27 PM Councillor S.E. White enters the meeting.

 

Motion made by Councillor B. Polhill and seconded by Councillor J.P. Bryant to Approve the Minutes of the 22nd Meeting held on September 16, 2014.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White  (14)

 

VII

COMMUNICATIONS AND PETITIONS

 

Motion made by Councillor B. Polhill and seconded by Councillor J.B. Swan to Approve receipt and referral of the following communications, as noted on the Agenda:

 

3.

Andre Marin, Ombudsman of Ontario - Ombudsman Report - Investigation into whether Members of Council for the City of London held an improper closed meeting on June 24, 2014

 

4.

D. Cornell, By E-mail - City of London Official Plan and Zoning By-law Review - Blackfriars/Petersville Official Plan/Zoning Study (OZ-8373) (Refer to the Planning and Environment Committee stage for consideration with clause 14 of the 17th Report of the Planning and Environment Committee.)

 

5.

Industrial Land Review: Recommended Urban Growth Boundary Expansion for Future Industrial Growth and Official Plan Amendment (O-8014) (Refer to the Planning and Environment Committee stage for consideration with clause 15 of the 17th Report of Planning and Environment Committee.)

 

a)

J. Manocha and K. Patpatia, Land Assembly; and

 

b)

B.R. Card, Barrister & Solicitor

 

6.

(ADDED) B.J. Semkowski, London Airport Auto Mall - Property located at 1300 Fanshawe Park Road East (OZ-8358) (Refer to the Planning and Environment Committee stage for consideration with clause 11 of the 17th Report of the Planning and Environment Committee.)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve that Council convene as the Approval Authority pursuant to the provisions of the Expropriation Act, R.S.O. 1990, c.E.26, as amended, for the purpose of considering Communication No. 1 from the Managing Director, Environmental and Engineering Services and City Engineer, dealing with the proposed expropriation of land for the Hyde Park Road Widening Project, Phase II (TS1477-2).

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Council rises and convenes as the Approval Authority at 4:29 PM, with Mayor J. Baechler in the Chair and all Members present except Councillor S. Orser. 

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve the staff recommendation contained in Communication No. 1.

 

1.                Managing Director, Environmental and Engineering Services and City Engineer – Expropriation of Lands – Hyde Park Road Widening Project – Phase II – TS1477-2

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, with respect to the expropriation of lands for the a project known as the Hyde Park Road Widening and Improvements Project - Phase II, between South Carriage Road and Fanshawe Park Road, the following actions be taken:

 

a)         the Council of The Corporation of the City of London, as Approving Authority pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, as amended, HEREBY APPROVES the proposed expropriation of land, as described in Appendix “A” attached hereto, in the City of London, County of Middlesex; it being pointed out that the reasons for making this decision are as follows:

 

            i)          the subject lands are required by The Corporation of the City of London for the             widening of Hyde Park Road;

 

ii)         the design of the project will address the current and future transportation demands along the corridor;

 

             iii)        the design is in accordance with the Municipal Class Environmental Assessment Study Recommendations for the Hyde Park Road Widening and Improvements accepted by Council on January 10, 2012;  

 

b)         a certificate of approval BE ISSUED by the City Clerk on behalf of the Approving Authority in the prescribed form; and,

 

c)         it BE NOTED that a request for a Hearing of Necessity was received and a hearing was conducted on September 4, 2014.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor B. Polhill and seconded by Councillor B. Armstrong to Approve that the meeting of the Approval Authority be adjourned and that the City Council reconvene in regular session.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

The Council reconvenes in regular session at 4:31 PM with Mayor J. Baechler in the Chair and all Members present except Councillor S. Orser. 

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve the staff recommendation as contained Communication No. 2.

 

2.                        Managing Director, Environmental and Engineering Services & City Engineer – Expropriation of Lands – Hyde Park Road Widening Project – Phase II – TS1477-2

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services & City Engineer, on the advice of the Manager of Realty Services, with the review and concurrence of the Director, Roads and Transportation, with respect to the expropriation of lands for the project known as the Hyde Park Road Widening and Improvements Project-Phase II, between South Carriage Road and Fanshawe Park Road, the following actions be taken:

 

a)         the proposed by-law attached as Schedule ‘B’ BE INTRODUCED at the Municipal Council meeting on September 30, 2014 by The Corporation of the City of London as Expropriating Authority, with respect to the land described in Schedule ‘A’ attached hereto (the “Expropriated Lands”);

 

b)         the Civic Administration BE DIRECTED to take all necessary steps to prepare a plan or plans showing the Expropriated Lands and to register such plan or plans in the appropriate registry or land titles office, pursuant to the Expropriations Act, R.S.O. 1990, c. E.26, within three (3) months of the Approving Authority granting approval of the said expropriation;

 

c)         the City Clerk BE AUTHORIZED to sign on behalf of the Expropriating Authority, the plan or plans as signed by an Ontario Land Surveyor showing the Expropriated Lands; and     

 

d)         the City Clerk BE AUTHORIZED AND DIRECTED to execute and serve the notices of expropriation required by the Expropriations Act, R.S.O. 1990, c. E.26 and such notices of possession that may be required to obtain possession of the Expropriated Lands.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, 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 W.R. Monteith and seconded by Councillor N. Branscombe to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 16 of the 17th Report of the Planning and Environment Committee, having to do with the property located at 2118 Richmond Street, to be dealt with at 5:30 PM.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, 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 J.P. Bryant and seconded by Councillor B. Armstrong to Approve that pursuant to section 7.4 of the Council Procedure By-law, the order of business be changed to permit consideration of clause 14 of the 17th Report of the Planning and Environment Committee, having to do with the Blackfriars/Petersville Official Plan/Zoning Study, to be dealt with at 5:00 PM.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

VIII

MOTIONS OF WHICH NOTICE IS GIVEN

 

None.

 

IX

REPORTS

 

 

23rd Report of the Corporate Services Committee

Councillor J.P. Bryant presents. 

 

Motion made by Councillor J.P. Bryant to Approve clauses 1 to 6.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

Proposed Process for Land Leases for City-Owned Land in the Vicinity of the W12A Landfill and Resource Recovery Area

 

That the following actions be taken with respect to land leases for City-owned land in the vicinity of the W12A Landfill and Resource Recovery Area:

 

a)         the staff report dated September 23, 2014, with respect to the proposed process for land leases for City-owned land in the vicinity of the W12A Landfill and Resource Recovery Area BE RECEIVED for information; and

 

b)         the Civic Administration BE INSTRUCTED to seek additional information from the proponent and report back in 30 to 60 days in order to determine appropriate next steps based upon any additional information that the proponent is able to provide; it being understood that if sufficient information is not provided during this time, staff will report back on a potential RFP process.

 

3.

Employee Absenteeism 2014 Mid-Year Review Update

 

That, on the recommendation of the Managing Director, Corporate Services and Chief Human Resources Officer, the staff report dated September 23, 2014, with respect to the 2014 mid-year review of employee absenteeism, BE RECEIVED for information.

 

4.

Ministerial Delegations, AMO Annual General Meeting,Conference and Trade Show 2014

 

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the staff report dated September 23, 2014, with respect to the Ministerial delegations at the AMO Annual General Meeting, Conference and Trade Show 2014, BE RECEIVED for information.

 

 

5.

Pre-Budget Submission to the Federal Standing Committee on Finance

 

That, on the recommendation of the Director of Intergovernmental and Community Liaison, the pre-budget submission to the Federal Minister of Finance, our local Members of Parliament and the Federal Standing Committee on Finance, as appended to the staff report dated September 23, 2014, BE SUPPORTED.

 

6.

Consideration of Appointment to the Accessibility Advisory Committee

 

That the following individuals be appointed as Voting Members to the Accessibility Advisory Committee for the term ending February 28, 2015:

 

•           Jill Bell (Parent of a Child with a Disability)

•           Bill Birtch (Person with a Disability)

•           J. Damon Whatmore (Person with a Disability)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

 

15th Report of the Civic Works Committee

Councillor H.L. Usher presents.

 

Motion made by Councillor H.L. Usher to Approve clauses 1 to 9.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

7th Report of the Transportation Advisory Committee

 

That the 7th Report of the Transportation Advisory Committee, from its meeting held on September 2, 2014, BE RECEIVED.

 

3.

Appointment of Consulting Engineer for the Detailed Design of Wickerson No. S-B SWM Facility.

 

That, on the recommendation of the Managing Director Environmental and Engineering Services and City Engineer, the following actions be taken with respect to the appointment of a consulting engineer for the detailed design of Wickerson No. S-B SWM Facility:

 

a)         AECOM Canada Ltd. BE APPOINTED Consulting Engineer to carry out the detailed design for said project in the amount of $135,553.00, including contingency, excluding H.S.T., in accordance with Section 15.2(g) of the Procurement of Goods and Services Policy;

 

b)         the financing for this work BE APPROVED as set out in the Sources of Financing Report appended to the staff report dated September 22, 2014;

 

c)         the Civic Administration BE AUTHORIZED to undertake all the administrative acts that are necessary in connection with this work;

 

d)         the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract with the consultant for the work; and,

 

e)         the Mayor and the City Clerk BE AUTHORIZED to execute any contract or other documents, if required, to give effect to these recommendations.  (2014-E03)

 

4.

UV Disinfection Equipment Parts and Service Single Source

 

That, on the recommendation of the Director, Water and Wastewater, Trojan Technologies BE APPROVED as the parts and service supplier for the City’s Wastewater UV disinfection equipment. (2014-F17)

 

5.

Active Transportation (AT) and Transportation Demand Management (TDM) - Status Report and the Next Steps

 

That, on the recommendation of the Director, Environment, Fleet and Solid Waste, the following actions be taken with respect to the staff report dated September 22, 2014, with respect to Active Transportation (AT) and Transportation Demand Management (TDM) - Status Report and the Next Steps:

 

a)         the staff report BE FORWARDED to the Cycling Advisory Committee (CAC) and the Transportation Advisory Committee (TAC) for information, discussion and input; and,

 

b)         the staff report BE RECEIVED.  (2014-T10)

 

6.

Short Term Cycling Lane Implementation Plan

 

That, on the recommendation of the Director, Roads and Transportation, the staff report dated September 22, 2014, with respect to the Short Term Cycling Lane Implementation Plan BE RECEIVED.  (2014-T05)

 

7.

Optimization of London Wastewater Treatment Plants - A Strategy and Road Map

 

That, on the recommendation of the Director, Water and Wastewater, the staff report dated September 22, 2014, with respect to the development of an optimization strategy and road map for the Adelaide, Oxford, Pottersburg and Vauxhall Wastewater Treatment Plants BE ENDORSED; it being noted that the Civic Works Committee (CWC) received the attached presentation from J. Lucas, Director, Water and Wastewater, with respect to this matter.  (2014-E03)

 

8.

3rd Report of the Cycling Advisory Committee

 

That the following actions be taken with respect to the 3rd Report of the Cycling Advisory Committee (CAC) from its meeting held on August 20, 2014:

 

a)         clause 1 BE REFERRED to Civic Administration for consideration; and,

 

b)         clauses 2 to 9, inclusive, BE RECEIVED.

 

9.

Update on Rain fall Event on September 10, 2014

 

That, on the recommendation of the Managing Director, Environmental and Engineering Services and City Engineer, the staff report dated September 22, 2014, with respect to the rainfall event of September 10, 2014, BE RECEIVED.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

 

17th Report of the Planning and Environment Committee

Councillor B. Polhill presents.

 

Motion made by Councillor B. Polhill to Approve clauses 1 to 5, 7 to 10, 12, 13, 15, 17 and 18.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

2.

9th Report of the Advisory Committee on the Environment

 

That the 9th Report of the Advisory Committee on the Environment from its meeting held on September 3, 2014 BE RECEIVED.

 

3.

Property located at 1040 Coronation Drive (H-8376)

 

That, the application of The Tricar Group, relating to the property located at 1040 Coronation Drive, BE REFERRED back to the Civic Administration for further consultation with the applicant.

 

4.

Building Division Monthly Report for August 2014

 

That the Building Division Monthly Report for August 2014 BE RECEIVED.   (2014-D00)

 

5.

Potential Special Policy Area (SPA): West London

 

That, on the recommendation of the Managing Director, Planning and City Planner, the Civic Administration BE DIRECTED to take necessary steps to re-initiate the application for Provincial approval of a new Special Policy Area (SPA) for the West London potential Special Policy Area, identified on Schedule B-2 of the City of London Official Plan. (2014-D08)

 

7.

Properties located at 322-324 York Street (Z-8382)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Bradel Properties Ltd., relating to the properties located at 322-324 York Street:

 

a)         the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject properties FROM a Holding Downtown Area Special Provision (h-3*DA1(1) *D350*H95/DA1(3)*D350*H95) Zone TO a Holding Downtown Area Special Provision / Temporary Use (h-3*DA1(1)*D350*H95/DA1(3)* D350*H95/T-__) Zone; and,

 

b)         Zoning By-law No. Z.-1, (in conformity with the Official Plan), BE AMENDED TO DELETE Section 50.2 Temporary Use T-32; it being noted that Temporary Use T-32 has expired;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D14)

 

8.

Property located at 1959 Mallard Road (Z-8377)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application of J and L Holdings, relating to the property located at 1959 Mallard Road, the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM a Holding Light Industrial Special Provision (h-17*LI1(3)) Zone TO a Holding Light Industrial Special Provision (h-17*LI1(3)/LI7) Zone;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with these matters.   (2014-D14)

 

9.

Sanitary Sewage Servicing Policies for Southwest London (O-7971)

 

That, on the recommendation of the Managing Director, Planning and City Planner, based on the application by the City of London , relating to the Sanitary Sewage Servicing Policies for Southwest London:

 

a)         the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014 to amend the Official Plan by amending:

 

i)          Section 2.6.4.1. iv) to delete reference to the Greenway Pollution Control Plant service area;

ii)         Section 2.6.4.1. iv) to replace the section of the paragraph establishing allocation priorities;

iii)         Section 2.6.4.2. i) (d) to delete reference to a Southside Sewage Treatment Plant;

iv)        Section 10.1.3. cxix)  to delete reference to a Southside Sewage Treatment Plant and to reflect the current Growth Management Implementation Strategy (GMIS);

v)         Section 17.2.1. v) by deleting the current policy and replacing it with a new policy that deletes reference to the Southside Sewage Treatment Plant;

vi)        Section 17.2.2. i) (a) to delete reference to the Southside Sewage Treatment Plant; and,

vii)       Section 17.2.2. i) by deleting 17.2.2. i) (b) as a servicing option and renumbering the remaining sections;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2014-D08)

 

10.

Properties located on part of 3080 Bostwick Road and 491 and 499 Southdale Road West (Z-8386)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of Realty Services, City of London, relating to the properties located at part of 3080 Bostwick Road and 491 and 499 Southdale Road West:

 

a)         the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject property FROM an Environmental Review (ER) Zone and an Urban Reserve (UR4) Zone, TO a Holding Community Facility Special Provision (h-18•h-120•h-__•CF2( )) Zone; and,

 

b)         the Site Plan Approval Authority BE REQUESTED to consider the following issues through the site plan process:

 

i)            the design concept and principles, as appended to the staff report dated September 23, 2014, as Appendix “B”; and,

ii)           the final Environmental Impact Study (Dougan & Associates, September 2014) and addendum to the final Environmental Impact Study (Dougan & Associates, September 2014);

 

it being further pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.    (2014-D14)

 

12.

Properties located at 321 Central Avenue and 585 and 581 Waterloo Street (OZ-8371)

 

That, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 2386225 Ontario Ltd., relating to the properties located at 321 Central Avenue and 585 and 581 Waterloo Street:

 

a)         the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend the Official Plan to change the designation of the subject lands FROM a Low Density Residential designation TO a Multi-Family, High Density Residential designation;

 

b)         the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan, as amended in part a), above), to change the zoning of the subject property FROM an Office Residential Special Provision (OR(1)•D75•H12) Zone and a Residential R3 Special Provision/Office Conversion (R3-2(6)/OC2) Zone TO an Office Residential Special Provision Bonus (OR(1)•D75•H12•B(*)) Zone and a Residential R3 Special Provision/Office Conversion Bonus (R3-2(6)/ OC2•B(*)) Zone, which will facilitate a development design which includes a 6-storey (20m tall) residential apartment building with a maximum of 35 residential apartment units and underground parking, which shall be implemented through a development agreement in return for the provision of the following services, facilities and matters:

 

i)          a building design which, with minor variations at the discretion of the Managing Director, Planning and City Planner, is generally consistent with the Site Plan and Illustrations, as appended to the staff report dated September 23, 2014, as Schedule “1” and includes an architecturally differentiated base, middle and top:

 

I)          with the base consisting of the portion of the facades between the ground floor and the top of the 3rd floor, positioned at, or near, the front and exterior lot lines along Waterloo Street and Central Avenue, generally in line with the established street wall, incorporating architectural detail which creates a prominence at the corner of Waterloo Street and Central Avenue, including apartment units which appear as “townhouses” spanning the length of both the Waterloo Street and Central Avenue street-facing facades, with individual entrances to each “townhouse” unit provided directly to the street, including architectural elements or canopies projecting above pedestrian entrances at street level, including patios and/or amenity space in front of each “townhouse” unit; with specific architectural detail provided to pronounce the primary building entrance along the northern building façade and accentuate the entrance;

II)         with the middle portion consisting of the portion of the facades between the top of the base and the top of the 4th floor, including building step-backs at the 4th floor with outdoor terraces provided which may include a combination of soft landscaping, passive amenity space, and vegetated green roofing; and,

III)           with the top consisting of the portion of the facades above the top of the 4th floor, employing building step-backs on the 5th floor to provide for outdoor terraces, incorporating an internal communal amenity space with the exterior facades comprised of primarily transparent glazing in order to provide for views into and out of the building to animate the upper floors of the building, using attractive materials and architectural details to screen all mechanical elements located above the 6th floor;

 

ii)             locating waste and recycling facilities within the proposed building screened from views of adjacent properties and the public realm;

iii)            locating all parking facilities below-grade within the proposed building screened from views of adjacent properties and the public realm;

iv)           providing barrier-free access to all floors (to the extent feasible to facilitate access and use); and,

v)            reclaiming suitable building materials such as windows, doors, mouldings, columns, bricks, etc. for potential reuse in the new building on the site or as replacement components for other buildings in the neighbourhood which require repair and restoration over time is required;

 

c)       the Site Plan Approval Authority BE REQUESTED to implement, through the site plan approval process, the design features recommended in part b), above and also to consider, where possible:

 

i)        additional building step-backs on the southern façade to provide transition in scale between the proposed building and the buildings to the south along Waterloo Street;

ii)       opportunities to further include fenestration on the four-storey portion of the west façade in order to add interest to the largely blank façade;

iii)      the addition of fenestration to the building stairways to enhance views out and to further animate the building’s exterior elevations;

iv)       further accentuating the main building entrance in order to differentiate it from individual unit entrances;

v)       maximizing the landscaped/visual buffer along the property’s southerly property line to minimize the impact of the vehicular access route on the neighbouring 2-storey office/residential property; and,

vi)      the application of brick banding and corbelling in reference to the heritage character of the surrounding heritage homes;

 

it being pointed out that the Planning and Environment Committee reviewed and received the following communications, with respect to these matters:

 

·                     a communication dated September 17, 2014, from B. Lansink, 505 Colborne Street;

·                     a communication from M. Coles, 38 Palace Street;

·                     a communication dated September 21, 2014, from R. McDowell, By e-mail; and,

·                     a communication dated September 21, 2014, from J. McDowell, 507 Princess Avenue;

 

it being further pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-D14)

 

13.

Properties located at 471-473 Elizabeth Street

 

That, on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Chief Building Official BE ADVISED that the Municipal Council does not intend to issue a notice of designation under the Ontario Heritage Act for the properties located at 471-473 Elizabeth Street; it being noted that the London Advisory Committee on Heritage has been consulted on this matter;

 

it being pointed out that there were no oral submissions made at the public participation meeting associated with this matter.   (2014-P10D)

 

 

15.

Industrial Land Review: Recommended Urban Growth Boundary Expansion for Future Industrial Growth and Official Plan Amendment (O-8014)

 

That, the Industrial Land Review for recommended Urban Growth Boundary expansion for future Industrial growth BE REFERRED back to the Civic Administration to have further consultation with the area residents and the Province and report back at a future public participation meeting at the Planning and Environment Committee, for the following reasons:

 

a)         any possible expansion is dependent on the justification of a land area, for lands to be redesignated to other uses, other than Industrial, within the White Oaks Business Park; noting that the Province is very interested in this process; very vigilant of reinforcing the Provincial Policy Statement; and,

 

b)         minimum distance separation calculations are crucial in this area as there are existing viable agricultural operations that should be maintained;

 

it being pointed out that the Planning and Environment Committee reviewed and received the following communications, with respect to these matters:

 

•           a communication dated September 5, 2014, from R. & P. Laidlaw, 1397 Wilton Grove Road;

•           a communication dated August 26, 2014, from T. & S. Grieve, By e-mail;

•           a communication from the Faulkner family, 3700 Old Victoria Road;

•           a communication dated July 21, 2014, from J.P. Plutino and J.R. Uram, Mainline Planning Services Inc.;

•           a communication dated May 27, 2014, from A.E. Sumner, Revel Development Corporation;

•           a communication dated September 25, 2014, from M. Brewer, by e-mail; and,

•           a communication dated September 22, 2014, from J. Manocha and K. Patpatia, by e-mail;

 

it being further pointed out that at the public participation meeting associated with these matters, the individual indicated on the attached public participation meeting record made an oral submission in connection therewith.    (2014-D08)

 

17.

Application of Bonusing Regulations

 

That, the Civic Administration BE REQUESTED to provide an information report on how bonusing is being applied to the property located at 2118 Richmond Street and other circumstances where bonusing has been applied at the next Planning and Environment Committee meeting.  (2014-F21)

 

18.

Regulations Limiting Greenhouses

 

That, the Civic Administration BE REQUESTED to look at all regulations, including zoning regulations that limit the lot coverage of greenhouse uses to 10 percent of the lot area and to include this request on the Planning Departments Work Plan.   (2014-F21)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

 

Motion made by Councillor B. Polhill to Approve clause 6. 

 

6.

10th Report of the London Advisory Committee on Heritage

 

That, the following actions be taken with respect to the 10th Report of the London Advisory Committee on Heritage from its meeting held on September 10, 2014:

 

a)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the following actions be taken with respect to the Heritage Alteration Permit Application of B.J. Hardick for the properties located at 581 and 585 Waterloo Street and 321 Central Avenue:

 

i)          the heritage alteration application by B.J. Hardick for the above-noted properties BE APPROVED as conceptually described, pending the approval of the required Official Plan and Zoning amendments;

ii)         subject to the additional required approvals, noted in part a), above, a building permit or site plan showing conformity to the conceptual elements identified in the staff report dated September 10, 2014, BE PROVIDED, SUBJECT TO the approval of the City Planner or designate;

iii)         the Civic Administration BE REQUESTED to take photographic documentation of the respective buildings prior to any removals; and,

iv)        the applicant BE REQUESTED to salvage and reuse heritage materials within the proposed redevelopment, as appropriate, and make reusable materials available to the community;

 

it being noted that the London Advisory Committee on Heritage (LACH) heard a verbal delegation from S. Allen and D. Currie, MHBC Consultants and J. Nicholson, Nicholson Sheffield Architects Inc., with respect to this matter;

 

b)         based on the verbal report of the Heritage Planner, the Civic Administration BE ADVISED that the London Advisory Committee on Heritage is not prepared to make a recommendation related to the proposed demolition of the building located at 471-473 Elizabeth Street, noting the lack of specific detail on the future use of the site and advising that any future redevelopment of the site should be consistent with the Old East Heritage District Guidelines;

 

c)         on the recommendation of the Managing Director, Planning and City Planner, with the advice of the Heritage Planner, the Heritage Alteration Permit Application by Century Mews Inc. for the property located at 194 Dundas Street BE APPROVED, SUBJECT TO the preparation of a measured, as-built drawing of the Main Hall ceiling in advance of the removal; it being noted that the Heritage Planner has reviewed the Heritage Alteration Permit application and is satisfied by the applicant’s commitment to reproducing the ceiling and its details, upon completion of the rehabilitation work; 

 

d)         the following actions be taken with respect to the Heritage Alteration Permit Application for the property located at 317 Hyman Street:

 

i)              notwithstanding the recommendation in the Managing Director, Planning and City Planner’s report dated September 10, 2014, the London Advisory Committee on Heritage recommends that the Heritage Alteration Permit Application from B. Jeffery, requesting permission for porch alterations at the above-noted property, BE DENIED;

 

            ii)         the following alternate actions be considered:

 

A)           the Applicant BE REQUESTED to reuse the original columns and replace the square spindles with turned spindles (not original); and,

B)           the Civic Administration BE REQUESTED to consider allowing the railing at the above-noted property to be returned to its original height;

 

it being noted that the LACH heard a verbal delegation from B. Jeffery, Owner and J. Minders, Contractor, with respect to this matter;

 

e)         that clauses 5 to 14, inclusive, of the 10th Report of the London Advisory Committee on Heritage BE RECEIVED;

 

it being noted that the Planning and Environment Committee heard a verbal presentation from W. Kinghorn, Chair, LACH, with respect to these matters.

 

The motion to Approve clause 6, excluding part d), is put.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

The motion to Approve part d of clause 6 is put.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)

 

RECUSED: J.P. Bryant (1)

 

Motion made by Councillor S.E. White to Approve clause 11.

 

11.

Property located at 1300 Fanshawe Park Road East (OZ-8358)

 

That, the application of 1849259 Ontario Inc., relating to the property located at 1300 Fanshawe Park Road East BE REFUSED as the Municipal Council does not believe that a  special policy to permit the auto sales use in the Community Commercial Node designation at this location is appropriate;

 

it being pointed out that the Planning and Environment Committee reviewed and received a communication, dated June 18, 2014, from B.J. Semkowski, on behalf of the Auto Mall, with respect to these matters;

 

it being further pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.    (2014-D14)

 

Motion Failed

 

YEAS: J. Baechler, B. Armstrong, J.B. Swan, W.R. Monteith, P. Hubert, D.G. Henderson (6)

 

NAYS: B. Polhill, N. Branscombe, M. Brown, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (8)

 

Motion made by Councillor B. Polhill and seconded by Councillor N. Branscombe to Approve that, on the recommendation of the Managing Director, Planning and City Planner, the following actions be taken with respect to the application of 1849259 Ontario Inc., relating to the property located at 1300 Fanshawe Park Road East:

 

a)            the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the October 14, 2014 meeting of the Municipal Council to amend the Official Plan by adding a “Special Policy” to Chapter 10 – Policies for Specific Areas – of the Official Plan to permit an Automobile Sales and Service Establishment in the Community Commercial Node designation at 1300 Fanshawe Park Road East;

 

b)            the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at  the October 14, 2014 meeting of the Municipal Council to amend Zoning By-law No. Z.-1, in conformity with the Official Plan as amended in part (a) above, to change the zoning of the subject property FROM a Holding Associated Shopping Area Commercial (h●ASA1/ASA2/ASA3/ASA4/ASA5/ASA6/ASA7) Zone, TO a Holding Associated Shopping Area Commercial Special Provision (h●h-11● h(_)●ASA1/ASA2/ASA3/ASA4/ASA5(_)/ASA6/ASA7) Zone;

 

c)            the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

               i)              include additional articulation and/or architectural elements on the southern building façade to break up the massing of the built form along Fanshawe Park Road and provide a more human-scale interface with the public sidewalk;

              ii)              locate the building as close to Panzer Drive as is feasibly possible to provide for a functional automobile sales and service establishment while reducing the amount of parking and/or car storage between the building and the public street; and,

 

d)            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 a public meeting was held for the purpose of giving the public an opportunity to make representations in respect of the proposed by-law and the amendments reflect the requests of those individuals who spoke at the Public Participation Meeting held regarding this matter;

 

it being pointed out that the Planning and Environment Committee reviewed and received a communication, dated June 18, 2014, from B.J. Semkowski, on behalf of the Auto Mall, with respect to these matters;

 

it being further pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.    (2014-D14)

 

Motion Passed

 

YEAS: B. Polhill, N. Branscombe, M. Brown, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (8)

 

NAYS: J. Baechler, B. Armstrong, J.B. Swan, W.R. Monteith, P. Hubert, D.G. Henderson (6)

 

14.

Blackfriars/Petersville Official Plan/Zoning Study (OZ-8373)

 

Motion made by Councillor B. Polhill to Approve that, on the recommendation of the Managing Director, Planning and City Planner, with respect to the Official Plan and Zoning By-law review undertaken by the City of London, relating to the Blackfriars/Petersville Neighbourhood, the proposed by-law, as appended to the staff report dated September 23, 2014, BE INTRODUCED at the Municipal Council meeting to be held on September 30, 2014, to amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning of the subject properties FROM Residential R2 (R2-2), Residential R2/Office Conversion (R2-2/OC4) and Residential R2/Office Conversion (R2-2/OC5) Zones TO Residential R2 Special Provision (R2-2( )), Residential R2 Special Provision/Office Conversion (R2-2( )/OC4) and Residential R2 Special Provision/Office Conversion (R2-2( )/OC5) Zones;

 

it being further pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.   (2014-D14)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

 

16th Report of the Community and Protective Services Committee

Councillor M. Brown presents.

 

Motion made by Councillor M. Brown to Approve clause 1, and clauses 3 to 6.

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

3.

Single Source Supply and Delivery of Motorized Riding Golf Carts

 

That consideration of the report dated September 22, 2014, from the Managing Director of Parks & Recreation, with respect to the single source supply and delivery of motorized riding golf carts, BE DEFERRED to a meeting in the next Council year.   (2014-F17)

 

4.

Investment in Affordable Housing for Ontario (2014 Extension) - Approval of Administration Agreement

 

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services & Dearness Home, the by-law appended to the staff report dated September 22, 2014, BE INTRODUCED at the Municipal Council on September 30, 2014, to:

 

a)         authorize an Administration Agreement, substantially in the form of the Agreement appended to the by-law and to the satisfaction of the City Solicitor; and

 

b)         authorize the Mayor and the City Clerk to execute the said Agreement.  (2014-L04A)

 

5.

8th Report of the London Housing Advisory Committee

 

That, on the recommendation of the London Housing Advisory Committee (LHAC), the following actions be taken with respect to the 8th Report of the LHAC, from its meeting held on September 10, 2014:

 

a)          the Civic Administration BE REQUESTED to consider the attached comments and recommendations with respect to matters related to housing, as noted in The London Plan; and,

 

b)         clauses 2 to 6 BE RECEIVED.

 

6.

Review of Noise Exemption Permits

 

That the communication from Councillor D. Brown, with respect to a request to review of the issuance of Noise Exemption Permits on Sunday nights, BE REFERRED to the Civic Administration for a report back in 2015.   (2014-M04A)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, 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 M. Brown to Approve clause 2.

 

2.

10th Report of the Animal Welfare Advisory Committee

 

That the following actions be taken with respect to the 10th Report of the Animal Welfare Advisory Committee, from its meeting held on September 4, 2014:

 

a)         clauses 1 to 6 BE RECEIVED; and,

 

b)         the Civic Administration BE DIRECTED to submit the Humane Wildlife Policy for consideration prior to the conclusion of the current Council term, in order for the existing Council to enact the Policy. 

 

The motion to Approve part a) of clause 2 is put. 

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor N. Branscombe and seconded by Councillor D. Brown to Approve that part b) be amended to read as follows, and a new part c) be added as follows:

 

i)          “b) the Civic Administration BE DIRECTED to submit the Human Wildlife Policy for consideration prior to the conclusion of the current Council term that incorporates a provision that lethal measures would be only used as a last resort”; and,

 

ii)         to add a new part c:  “c)          the Civic Administration BE DIRECTED to refrain from lethal action with respect to intervention with wildlife,  pending the development the policy noted in b) above, unless it is absolutely necessary to do so.”

 

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Motion made by Councillor N. Branscombe and seconded by Councillor D. Brown to Approve clause 2, as amended.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (14)

 

Clause 2, as amended, reads as follows:

 

That the following actions be taken with respect to the 10th Report of the Animal Welfare Advisory Committee, from its meeting held on September 4, 2014:

 

a)            clauses 1 to 6 BE RECEIVED;

 

b)            the Civic Administration BE DIRECTED to submit the Human Wildlife Policy for consideration prior to the conclusion of the current Council term that incorporates a provision that lethal measures would be only used as a last resort; and,

 

c)            the Civic Administration BE DIRECTED to refrain from lethal action with respect to intervention with wildlife,  pending the development the policy noted in b) above, unless it is absolutely necessary to do so.

 

Motion made by Councillor M. Brown to Approve clause 7.

 

7.

By-law Amendments for Expanded Animal Welfare Initiatives

 

That the following actions be taken to amend various City of London by-laws in order to support enhanced animal care strategies and implement the Municipal Council’s first principle of “no kill” and its open shelter policy:

 

a)      the attached revised by-law, BE INTRODUCED at the Municipal Council meeting to be held September 30, 2014 to:

 

i)          amend By-law No. PH-3, Animal Control to implement the following animal welfare initiatives: increased pet limits for cats; inclusion of a new citizen clause;  an increased exemption period for licensing of new born animals; provision for discretion regarding licensing fee amnesty periods; introduction of an additional licensing amnesty not to extend past  July 1, 2015 for owners of spayed/neutered pets who are not compliant with pet limit regulations  at the time of enactment, in order to ensure licensing of the animals; additional provisions related to microchipping as a form of identification for cats in place of cat identification tags; and the inclusion of fostering regulations; and

 

ii)         amend fees and charges related to cat registration fees within Schedule “A” attached to the by-law; and

 

b)         the attached revised by-law, BE INTRODUCED at the Municipal Council meeting to be held September 30, 2014 to:

 

i)      amend By-law No. PH-4, Dog Licensing & Control to implement the following animal welfare initiatives: inclusion of a new citizen clause; an increased exemption period for licensing of new born animals; provision for discretion regarding licensing fee amnesty periods; introduction of an additional licensing amnesty not to extend past  July 1, 2015 for owners of spayed/neutered pets who are not compliant with pet limit regulations  at the time of enactment, in order to ensure licensing of the animals;  redefinition of “at large” in response to a citizen concern; revised wording regarding muzzling to clarify when a Notice of Caution will be issued, and the inclusion of fostering regulations; and

 

ii)         amend fees and charges related to dog registration licensing fees within Schedule “A” attached to the by-law;

 

it being noted that the above-noted revised by-laws incorporate pet limits of eight spayed/neutered animals, including a maximum of three spayed/neutered dogs, per household, with no differentiation between dwelling types.  (2014-C01)

 

Motion Failed

 

YEAS: J. Baechler, B. Armstrong, W.R. Monteith, N. Branscombe, M. Brown, D. Brown (6)

 

NAYS: B. Polhill, J.B. Swan, P. Hubert, D.G. Henderson, P. Van Meerbergen, H.L. Usher, J.P. Bryant, S.E. White (8)

 

Motion made by Councillor P. Van Meerbergen and seconded by Councillor J.P. Bryant to Approve that, on the recommendation of the Managing Director, Development & Compliance Services and the Chief Building Official, the following actions be taken to amend various City of London by-laws in order to support enhanced animal care strategies and implement City Council’s first principle of “no kill” and open shelter policy:

 

a)         a by-law BE INTRODUCED at a future Municipal Council meeting to amend By-law No. PH-3, Animal Control to implement the following animal welfare initiatives: pet limits for cats (differentiating between single family dwelling limits – max. 8, s/n; and multi-unit dwellings – max. 5, s/n; each with a maximum of 3 dogs); new citizen clause;  increased exemption period for licensing of new born animals; allow discretion of licensing fee amnesty periods; introduction of an additional licensing amnesty not to extend past  July 1, 2015 for owners of spayed/neutered pets who are not compliant with pet limit regulations  at the time of enactment, in order to ensure licensing of the animals; add provisions related to microchips as a form of identification for cats in place of cat identification tags; and the inclusion of fostering regulations; and to amend fees and charges related to cat registration fees within Schedule “A” attached to the by-law; and,

 

b)         a by-law  BE INTRODUCED at a future Municipal Council meeting to amend By-law No. PH-4, Dog Licensing & Control to implement the following animal welfare initiatives: pet limits for dogs (differentiating between single family dwelling limits – max. 8, s/n; and multi-unit dwellings – max. 5, s/n; each with a maximum of 3 dogs); new citizen clause; increased exemption period for licensing of new born animals; and allow discretion of licensing fee amnesty periods; introduction of an additional licensing amnesty not to extend past  July 1, 2015 for owners of spayed/neutered pets who are not compliant with pet limit regulations  at the time of enactment, in order to ensure licensing of the animals; redefine “at large” in response to a citizen concern; revised wording regarding muzzling to clarify when a Notice of Caution will be issued, and the inclusion of fostering regulations fostering; and to amend fees and charges related to dog registration licensing fees within Schedule “A” attached to the by-law.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

NAYS: J. Baechler (1)

 

 

17th Report of the Planning and Environment Committee, continued

Councillor B. Polhill presents.

 

16.

Property located at 2118 Richmond Street (OZ-7890)

 

Motion made by Councillor B. Polhill and seconded by Councillor S.E. White to Approve that, further to the direction of Council on March 21, 2012, the following actions be taken with respect to the application of 1705820 Ontario Limited (York Developments) relating to the property located at 2118 Richmond Street:

 

(a)       the proposed by-law attached hereto as Appendix "A" BE INTRODUCED at the Municipal Council meeting on September 30, 2014 to amend the Official Plan BY ADDING a specific policy to Section 3.5 – Policies for Specific Residential Areas.

 

(b)       the proposed by-law attached hereto as Appendix "B" BE INTRODUCED at the Municipal Council meeting on September 30, 2014 to amend Zoning By-law No. Z.-1, in conformity with the Official Plan as amended in part (a) above, to change the zoning of the subject property FROM an Urban Reserve (UR1) Zone, TO a Holding Residential R6/ Residential R8 Bonus (h•h-5•h-11•h(*)•R6-5/R8-4•B-(_)) Zone;

 

(c)       the Site Plan Approval Authority BE REQUESTED to consider the following design issues through the site plan process:

 

i)          explore opportunities to better integrate the mechanical penthouse with the overall architectural design of the building in order to reduce the bulky appearance of mechanical penthouse and achieve a cohesive building design;

 

ii)         ensure that the design of the corner plaza is seamlessly integrated with the landscape treatment along Sunningdale Road East between the townhouses and the property line. Include features such as planters, planting beds, benches, pedestrian scale lighting, and hardscapes in order for this space to act as a private-public space;

 

iii)         ensure that the north and east elevations of the proposed townhouses are developed with wall articulations, material changes and where possible include fenestration in order to reduce the appearance of large blank facades;

 

iv)        consider refinements to the Richmond Street three-storey tower base by strengthening the relationship between the tower’s base and the townhouse elevations in order for the base of tower to be further distinguished from the middle and top;

 

v)         maintain a layout of the development’s main drive aisle, passenger drop-off and parking areas that reduces the amount of asphalted area and increases the amount of landscaped amenity area, while ensuring opportunities are maintained for future access to and from the site via the properties to the north and east that have not yet been developed;

 

vi)        the provision of site and exterior building lighting solutions to minimize the impact on the single detached residential properties on the south side of Sunningdale Road East; and

 

vii)       confirmation of the existing location of the centerline of the Imperial Oil pipeline to ensure building setback requirements are met, noting this is a requirements of the Zoning By-law;

it being pointed out that the Planning and Environment Committee reviewed and received a communication, dated September 18, 2014, from W. Sutherland, Imperial, with respect to these matters;

it being further pointed out that at the public participation meeting associated with these matters, the individuals indicated on the attached public participation meeting record made oral submissions in connection therewith.    (2014-D14)

 

At 5:47 PM, Her Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board. 

 

Motion made by Mayor J. Baechler and seconded by Councillor B. Armstrong to Approve referral of the application related to 2118 Richmond Street (OZ-7890) back in order to further negotiate the application in order to fulfill the previous Council resolution related to "fitting" the development in the medium residential zoning, and to provide the Planning Committee and Council with additional information related to the "bonusing" that has been provided.

 

At 5:58 PM Her Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board. 

 

At 6:02 PM, Her Worship the Mayor places Councillor P. Hubert in the Chair, and takes a seat at the Council Board.

 

At 6:08 PM Her Worship the Mayor resumes the Chair, and Councillor P. Hubert takes his seat at the Council Board. 

 

The motion to Approve the referral of the Application is put.

 

Motion Failed

 

YEAS: J. Baechler, B. Armstrong, W.R. Monteith, M. Brown (4)

 

NAYS: B. Polhill, J.B. Swan, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (10)

 

The motion to Approve clause 16 is put.

 

Motion Passed

 

YEAS: B. Polhill, B. Armstrong, J.B. Swan, N. Branscombe, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (10)

 

NAYS: J. Baechler, W.R. Monteith, M. Brown, P. Hubert (4)

 

At 6:18 PM Councillor B. Armstrong leaves the meeting. 

 

 

18th Report of the Strategic Priorities and Policy Committee

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve clauses 1 to 5.

 

                        1.         Disclosures of Pecuniary Interest

 

That it BE NOTED that Councillor W.R. Monteith disclosed a pecuniary interest in clause 3 of this Report having to do with the appointment of M. Baldwin to the 2014 Striking Committee, by indicating that he sits on the Board of Pillar Non-Profit Network, of which Ms. Baldwin is Executive Director.

 

                        2.         Economic Development Review – Next Steps

 

That, on the recommendation of the City Manager, the staff report dated September 29, 2014 with respect to the next steps for the Economic Development Review BE RECEIVED for information.

 

3.                        Appointments to the Striking Committee and Appointment Process

 

That the following actions be taken with respect to appointments:

 

a)         the following individuals BE APPOINTED to the Striking Committee for the 2014-2018 Council term:

 

Darrin Wettlaufer         (Past Member of the London Diversity and Race Relations Advisory Committee

Michelle Baldwin         (Pillar Nonprofit Network)

Greg Thompson          (Urban League of London)

Michael Parkinson      (London & District Labour Council)

Tim Kavanagh             (London Chamber of Commerce)

Gina Barber                 (Former Member of London Municipal Council)

Michael Hale               (Citizen-at-Large)

Colleen Waring            (Citizen-at-Large)

 

 

b)         the City Clerk BE REQUESTED to report back with a proposed process for voting on all applicants for appointment when there are multiple applicants from the public.

 

4.                        1st Report of the Governance Working Group

 

That the following actions be taken with respect to the 1st Report of the Governance Working Group (GWG), from its meeting held on September 10, 2014:

 

a)         the following actions be taken with respect to the review of the mandate of the Investment and Economic Prosperity Committee:

 

i)          the Municipal Council resolution adopted from its meeting held on June 24, 2014, with respect to the Economic Development Review, completed by KPMG, BE RECEIVED;

 

ii)         the City Clerk BE DIRECTED to review the overall Standing Committee structure after the completion of the review of the recommendations contained in the KPMG Report dated March 26, 2014, and report back to the 2014-2018 Municipal Council;

 

it being noted that the Governance Working Group received the attached documents entitled “Economic Development Plan” and “London – City of Opportunity” submitted by Councillor J.B. Swan;

 

b)         the following actions be taken with respect to the review of the Acting Mayor Policy:

 

i)          the Municipal Council resolution adopted from its meeting held on July 29, 2014, BE RECEIVED;

 

ii)         the City Clerk BE DIRECTED to report back, prior to the end of the current term of Municipal Council, with a draft policy that would put in place two Deputy Mayors for the 2014-2018 Municipal Council that provides for the following:

 

A)         one Deputy Mayor to be appointed by the Mayor;

B)        one Deputy Mayor to be appointed by Municipal Council, by a vote of two-thirds of the whole Municipal Council;

C)        a process for the appointment of the Deputy Mayor noted in B) above, that is similar to the process recently used to fill the Mayoral vacancy; and,

D)        the role of the Deputy Mayors to include budget responsibilities and chairing of the Strategic Priorities and Policy Committee and possibly other Committees currently being chaired by the Mayor;

 

c)         the following actions be taken with respect to the City of London’s governance model and the tracking of approved projects:

 

i)          the Municipal Council resolution adopted July 29, 2014 BE RECEIVED; and,

 

ii)         the Civic Administration BE DIRECTED to review and report back on a process for tracking and reporting on approved projects; and

 

d)         clauses 1 and 2 BE RECEIVED.

 

5.                        Council Housing Leadership Committee and Creative City Committee

 

That the following actions be taken with respect to the Council Housing Leadership Committee and the Creative City Committee:

 

a)         the Council Housing Leadership Committee BE THANKED for its work and accomplishments over the past years and BE DISBANDED at the end of the current term of the Municipal Council; and

 

b)         the Creative City Committee (CCC) BE THANKED for its work and accomplishments over the past years and BE DISBANDED at the end of the current term of the Municipal Council; it being noted that the work that would normally be undertaken by the CCC will be addressed through the Investment and Economic Prosperity Committee on a go forward basis, subject to the outcome of the upcoming review of the Standing Committee structure.

 

The motion to Approve clauses 1 to 5, excluding part a) of clause 3 is put.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

The motion to Approve part a) of clause 3 is put.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (12)

 

RECUSED: W.R. Monteith (1)

 

 

18th Report of the Committee of the Whole

Councillor P. Hubert presents.

 

Motion made by Councillor P. Hubert to Approve that the Committee of the Whole met, in camera, for the purpose of considering the following:

 

a)         A matter pertaining to a personal matter about identifiable individuals, including municipal or local board employees, relating to the 2015 Mayor's New Year's Honour List. (C1/17/PEC)

 

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 communications necessary for those purposes. (C1/23/CSC)

 

c)         A matter for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed disposition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed disposition of land; commercial and financial information supplied in confidence pertaining to the proposed disposition the disclosure of which  could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial information relating to the proposed disposition that belongs to the Corporation that has monetary value or potential monetary value;  information concerning the proposed disposition whose disclosure could reasonably be expected to prejudice the economic interests of the  Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed disposition. (C2/23/CSC)

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

X

DEFERRED MATTERS

 

None.

 

XI

ENQUIRIES

 

None.

 

XII

EMERGENT MOTIONS

 

None.

 

XIII

BY-LAWS

 

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

 

 

Motion made by Councillor B. Polhill and seconded by Councillor D. Brown to Approve Introduction and 1st Reading of Bill No.s 456 to 470, excluding Bill No.s 462 and 463.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

Motion made by Councillor B. Polhill and seconded by Councillor H.L. Usher to Approve 2nd Reading of Bill No.s 456 to 470, excluding Bill No.s 462 and 463.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Van Meerbergen to Approve 3rd Reading and Enactment of Bill No.s 456 to 470, excluding Bill No.s 462 and 463.

 

Motion Passed

 

YEAS: J. Baechler, B. Polhill, J.B. Swan, W.R. Monteith, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)

 

Bill No. 456

By-law No. A.-7179-331

A by-law to confirm the proceedings of the Council Meeting held on the 30th day of September, 2014. (City Clerk)

 

Bill No. 457

By-law No. A.-7180-332

A by-law to repeal By-law No. A.-6495-94 entitled “A by-law to appoint Mike Turner as Deputy City Treasurer of The Corporation of the City of London.” (City Clerk)

 

Bill No. 458

By-law No. A.-7181-333

A by-law to approve an agreement between The Corporation of the City of London (the City) and the Minister of Municipal Affairs and Housing for the City to administer the Investment in Affordable Housing Program (2014 Extension); and to authorize the Mayor and the City Clerk to execute the agreement. (4/16/CPSC)

 

Bill No. 459

By-law No. C.P.-1284(uv)-334

 

A by-law to amend the Official Plan for the City of London, 1989 relating to the ultimate servicing solution for the Southwest Area Plan. (9/17/PEC)

 

Bill No. 460

By-law No. C.P.-1284(uw)-335

 

A by-law to amend the Official Plan for the City of London, 1989 relating to 321 Central Avenue and 585 & 581 Waterloo Street. (12/17/PEC)

 

Bill No. 461

By-law No. L.S.P.-3440-336

A By-law to expropriate lands in the City of London, in the County of Middlesex, for the Hyde Park Road Widening and Improvements Project - Phase II, between South Carriage Road and Fanshawe Park Road West. (Manager of Realty Services)

 

Bill No. 462

By-law No. PH-3-14_____

 

REFERRED BACK

A By-law to amend By-law PH-3 entitled, “A by-law to provide for the regulation, restriction and prohibition of the keeping of animals in the City of London”. (7/16/CPSC)

 

Bill No. 463

By-law No. PH-4-14_____

 

REFERRED BACK

A By-law to amend By-law PH-4 entitled “A by-law to provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the City of London”. (7/16/CPSC)

 

Bill No. 464

By-law No. Z.-1-142345

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 322-324 York Street. (7/17/PEC)

Bill No. 465

By-law No. Z.-1-142346

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 1959 Mallard Road. (8/17/PEC)

Bill No. 466

By-law No. Z.-1-142347

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at Part of 3080 Bostwick Road and 491 and 499 Southdale Road West. (10/17/PEC)

 

Bill No. 467

By-law No. Z.-1-142348

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 321 Central Avenue and 585 & 581 Waterloo Street. (12/17/PEC)

 

Bill No. 468

By-law No. Z.-1-142349

 

A by-law to amend By-law No. Z.-1 to rezone an area of land located within the Blackfriars/Petersville Neighbourhood. (14/17/PEC)

 

Bill No. 469

By-law No. C.P.-1284(ux)-337

 

A by-law to amend the Official Plan for the City of London, 1989 relating to 2118 Richmond Street. (16/17/PEC)

Bill No. 470

By-law No. Z.-1-142350

A by-law to amend By-law No. Z.-1 to rezone an area of land located at 2118 Richmond Street. (11/17PEC)

 

V

RECOGNITIONS, continued

 

2.

At 6:20 PM Her Worship the Mayor and the Municipal Council recognize of City of London employees who have achieved 25 years of service during 2014 including:

 

Fire Services

 

Susan Casey

Jeffrey M. Collins

John Hassan

Paul Hoffman

David J. Hubbell

Randy Noble

Cathy Staltari

Peter T. Swartman

 

Long Term Care Services

 

Joselyn Appleford

Debbra Houston

Anna Kliorikaitis

Enzo Palcich

Ken Russell

Ruth Steinbach

 

Parks and Recreation Services

 

Caroline Gray

Christine Hinsperger

Paul Anthony Kyle

Maria Smith

Doug Steels

Aleksandra B. Szywala

 

Social Services

 

Sherri Bolt

Barbara Bourne

Karyn Chapman

Thérèse Crozier

Lisa Dalla Costa

Barbara Jensen

Eva Y. Koh

Shannon Lauber

Sandra Matthews

Mary Ann Molloy

Darlene Newland

Ronda Lee Reeves

Denise Rovers

Karen Sivak

Sharon J. Thompson

Diana Van Belois

Sue White

Ulrike Williams

 

XIV

ADJOURNMENT

 

Motion made by Councillor B. Polhill and seconded by Councillor P. Hubert to Adjourn.

 

Motion Passed.

 

The meeting adjourned at 6:31 PM. 

 

 

 

_________________________________

                                                                                          J. Baechler

 

 

_________________________________

                                                                                          Catharine Saunders, City Clerk

 

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