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Council
MINUTES
18TH MEETING
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October 30, 2012
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The Council meets in Regular Session in the
Council Chambers this day at 5:01 p.m.
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PRESENT: Mayor J.F. Fontana, B. Polhill,
W.J. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White
and C. Saunders (City Clerk).
ABSENT: J.L. Baechler.
ALSO PRESENT: A. Zuidema, G. Barrett, J.
Braam, B. Coxhead, P. Christiians, J. Edward, J.M. Fleming, T. Grawey, M.
Hayward, G.T. Hopcroft, J. Kobarda, G. Kotsifas, B. Krichker, L. Livingstone,
S. Mathers, V. McAlea Major, J. Page, M. Ribera, L.M. Rowe, E.Soldo, J.
Taylor, B. Warner, R. Welker and B. Westlake-Power.
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At the beginning of the Meeting all Members
are present except Councillors J.B. Swan and J.L. Baechler.
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At this time, His Worship the Mayor
acknowledges the passing of former Mayor of Westminster, David Murray.
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II
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DISCLOSURES
OF PECUNIARY INTEREST
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Councillor B.
Polhill discloses a pecuniary interest in clause 9 of the 27th Report of the
Finance and Administrative Services Committee, having to do with an offer
from 1803302 Ontario Limited to purchase 2.87 acres identified as Part Lot
27, Plan 33M-251, by indicating that the subject property is within the
circulation distance of his business.
Councillor P. Hubert discloses a pecuniary
interest in clause 5 of the 14th Report of the Community Services Committee,
having to do with the Community Start-up and Maintenance Benefit and the
Community Homelessness Prevention Initiative funding allocation for January
1, 2013 to March 31, 2014, by indicating that he is the Executive Director of
a social service agency with an Ontario Works contract. Councillor P. Hubert
further discloses a pecuniary interest in clause 8 of the 25th Report of the
Planning and Environment Committee, having to do with the property located at
199 Queens Avenue; clause C-2 of the Confidential Appendix to the 27th Report
of the Finance and Administrative Services Committee, having to do with a
matter pertaining to instructions and directions to officers and employees of
the Corporation pertaining to a proposed acquisition of land; reports or
advice or recommendations of officers and employees of the Corporation
pertaining to a proposed acquisition of land; commercial and financial
information supplied in confidence pertaining to the proposed acquisition the
disclosure of which could reasonably be expected to, prejudice
significantly the competitive position or interfere significantly with the
contractual or other negotiations of the Corporation, result in similar
information no longer being supplied to the Corporation where it is in the
public interest that similar information continue to be so supplied, and result
in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition that belongs to the Corporation that has monetary value or
potential monetary value; information concerning the proposed
acquisition 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
acquisition; and clause 11 of the 8th Report of the Public Safety Committee,
having to do with Banner Signs, by indicating that he is the Executive
Director of a social service agency that leases property from the proponent
involved in these matters. Councillor P. Hubert also discloses a pecuniary
interest in clause 10 of the 8th Report of the Public Safety Committee,
having to do with an inquiry on the graffiti double victimization/proposed
pilot project, by indicating that he is the president of a company that does
graffiti removal.
Councillor M. Brown discloses a pecuniary
interest in clause 9 of the 14th Report of the Community Services Committee,
having to do with the City of London and Thames Valley District School Board
(TVDSB) Liaison Committee, by indicating that the TVDSB is his employer.
Councillor J.B. Swan discloses a pecuniary
interest in clause 8 of the 25th Report of the Planning and Environment
Committee, having to do with the property located at 199 Queens Avenue;
clause C-2 of the Confidential Appendix to the 27th Report of the Finance and
Administrative Services Committee, having to do with matter pertaining to
instructions and directions to officers and employees of the Corporation
pertaining to a proposed acquisition of land; reports or advice or
recommendations of officers and employees of the Corporation pertaining to a
proposed acquisition of land; commercial and financial information supplied
in confidence pertaining to the proposed acquisition the disclosure of
which could reasonably be expected to, prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of the Corporation, result in similar information no longer
being supplied to the Corporation where it is in the public interest that
similar information continue to be so supplied, and result in undue loss or
gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition that belongs to
the Corporation that has monetary value or potential monetary value;
information concerning the proposed acquisition 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 acquisition; and clause 11 of the 8th
Report of the Public Safety Committee, having to do with Banner Signs, by
indicating that his employer, Orchestra London, in all cases leases property
from the proponent.
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Motion made by Councillor B. Polhill and
seconded by Councillor S. Orser to Approve the Minutes of the Seventeenth
Meeting held on October 9, 2012.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion
made by Councillor P. Van Meerbergen and seconded by Councillor N. Branscombe
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, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
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Motion made by Councillor D. Brown and
seconded by Councillor H.L. Usher to Approve that pursuant to section 7.4 of
the Council Procedure By-law, the order of business be changed to permit
consideration of clause 2 of the 26th Report of the Planning and Environment
Committee, having to do with a Zoning By-law Amendment application relating
to the property located at 425 Wharncliffe Road South, to be heard as the
first report item of the Council Meeting.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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26th Report of the Planning and Environment
Committee
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Councillor
B. Polhill presents.
Motion
made by Councillor B. Polhill to Approve Clause 2.
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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 of1279154 Ontario Limited, relating to the
property located at 425 Wharncliffe Road South:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 30, 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 Highway Service Commercial Special Provision (HS2(4)) Zone,
which permits automobile sales and service establishments, offices, medical/dental
offices, clinics, laboratories, retail stores, and liquor, beer and wine
stores TO a Holding Highway Service Commercial Special Provision (h-5•HS2(_))
Zone to add to the list of permitted uses to include a methadone clinic,
dispensing methadone to a maximum of 200 clients per day, subject to a
holding provision that requires a public site plan process;
b) the
Civic Administration BE DIRECTED to address the following matters through the
site plan process, prior to recommending the removal of the h-5 holding
provision:
i) enhanced
landscaping fronting onto Wharncliffe Road South;
ii) a
direct and easily identifiable pedestrian walkway from Wharncliffe Road South
through the parking lot to the main entrance of the facility;
iii) adequate
bicycle parking facilities;
iv) fencing,
made of high quality and lasting materials, to avoid any opportunity for
pedestrian movement from the subject site to adjacent sites;
v) adherence
to Crime Prevention Through Environmental Design principles; and,
vi) discrete
entrance facilities to allow for client privacy;
c) the
Managing Director, Planning and City Planner BE DIRECTED to undertake a
review, after March 20, 2013, of By-law No. Z.-1-122090, which sets out
regulations with respect to the establishment of methadone clinics and
methadone pharmacies in the City of London, to consider the appropriateness
of including separation distances between methadone clinics and to include
separation distances between methadone clinics and methadone pharmacies and
Day Care Centres, using a similar public consultation process as was
undertaken prior to By-law No. Z.-1-122090 being enacted;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications with respect to this matter:
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a
communication, dated June 25, 2012, from S.A. Campbell, Bayfield Realty
Advisors Inc.;
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a
communication, dated September 11, 2012, from M. Gutz, by e-mail;
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a
communication from J. Langille, 29-368 Belgrave Ave.; and,
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a
communication from G & E Markes, 44 MacKay Ave;
it being pointed out that at the public
participation meeting associated with this matter, the following individuals
made oral submissions in connection therewith:
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A.
Patton, Patton Cormier and Associates, on behalf of the applicant – indicating
that his client operations 47 clinics throughout Ontario; indicating that his
client specializes in treating persons with addictions, including addiction
to OxyContin, which requires the use of methadone to treat the addiction;
indicating that addiction touches everyone; indicating that there are other
methadone clinics in the City of London that many people are not aware of;
indicating that methadone clinics are safe, unobtrusive and have no impact on
neighbouring properties; indicating that the by-law amendment undertaken to
introduce regulations for methadone clinics and pharmacies was a result of
public consultation and no appeals to the by-law were received; indicating
that his client’s proposal meets the regulations set out in the by-law;
expressing concern with the proposed limit on the dispensing of methadone to
a maximum of 200 clients per day; indicating that his client was not advised
of the proposed cap on dispensing; indicating that there are legal issues
with respect to the proposed cap; indicating that the proposal represents
sound land use planning; referring to page 12 of the staff report and
expressing concern that potential impacts are being tested against the 528
Dundas Street clinic which is unfair as 528 Dundas Street is a very large
clinic; indicating that he had advised Councillor Denise Brown that his
client had placed an offer to purchase the subject property; indicating that
the subject property exceeds the location criteria established by the Zoning
By-law; indicating that concerns expressed must be related to land use
matters only; indicating that placing a cap on dispensing is a human rights
issue and impacts an individual’s rights to access health care; and
requesting that the Planning and Environment Committee approve the application
as submitted, without a restriction on the number of clients that can be
dispensed to a day.
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Penny
Moore – indicating that she was a health care worker and is a cancer
survivor; indicating that there are myths about methadone and that methadone is
also a treatment for pain and not only to treat addiction; indicating that
there are concerns raised with respect to the disposal of needles and that
this is not just a concern relating to clinics; indicating that clinics need
to be more spread out throughout the city; indicating that the administration
of methadone is controlled by the College of Physicians; indicating that
providing more clinics throughout the city, more patients would be served
without lineups; indicating that people have a right to access health care;
indicating that she lives in the area of the proposed clinic; and indicating
that patients are required to sign a contract indicating that they will not
sell methadone.
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Kelly
Armstrong – indicating his concern is with the intensity of the use and the
number of clinics in one area; indicating concern that it will be difficult
to implement a cap of 200 patients a day without the proper tools; indicating
that an intensity of bars in an entertainment district would be negative;
questioning if due diligence was undertaken regarding the number of patients
to be served in this area; indicating that clinics need to spread out in the
community to ensure that the patients are being served; indicating that the
number of clinics in one area causes an undue burden on the area; indicating
that smaller clinics throughout the city would be better; and indicating that
a more conservative approach should be undertaken.
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Sarah
Metcalf – indicating that there is too much concentration of clinics in the
area; indicating that this clinic does not treat pain, but rather addiction;
indicating concern with the disposal of needles and the closeness of day
cares to the proposed clinic; indicating concern with the exposure to
children waiting for buses; and indicating concern that the lawyer for the
applicant has threatened legal action.
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Roger
Depauw – indicating concern that there are three methadone dispensing clinics
within 1 ½ kilometers of each other; questioning how many wards have
methadone clinics; indicating concern with respect to the number of methadone
clinics in old south; indicating concern that the patients being treated do
not live in the area; and indicating no objection to methadone clinics, but
rather concern with 3 methadone clinics being located in one area.
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Cheryl
Austin, owner of Western Animal Clinic – indicating concern that the
establishment of another methadone clinic in the area will effect businesses
in the area; indicating that her Clinic has been broken into on a number of
occasions; indicating that veterinary clinics are routinely broken into to
access drugs; indicating that her staff pick up disposed needles and she pays
to have those needles disposed of; indicating that the area already is
serviced by existing methadone clinics; indicating that the Dairy Queen and
daycare will not survive; indicating that Mr. Patton’s comment that he will
be appealing the placement of a cap on the number of patients that can be
served in a day is an indication that this will be a high volume clinic; and indicating
concern with the concentration of methadone clinics in the area.
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Abe
Oudshoorn - indicating that he is a nurse; indicating that people need to
focus on facts; indicating that the five methadone clinics are full, with one
overflowing with patients; indicating that methadone is a synthetic
replacement to opiates; indicating that patients do not get high on
methadone; indicating that patients can continue to work when taking
methadone; indicating that the impact of addiction is worsening and is a result
of the lack of treatment being made available; indicating that lack of
treatment results in increased costs to policing and health care; indicating
that treating addiction will reduce crime and other related impacts;
indicating that all clinics are for profit; indicating that people need to
stick to the facts; and indicating that he supports the application.
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Lauren
Star – indicating that she has small children; indicating concern with the
volume of people that will be accessing the clinic; indicating that the
patients will be stigmatized; indicating that the applicant has never
indicated how many patients he intends to treat at the clinic; indicating
lack of trust for the company given recent charges; and indicating that
spreading the clinics throughout the city would be better.
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Nicholas
Black – indicating that he is entitled to voice his opinion; indicating that
95 percent of the people who have spoken have indicated that they oppose the
clinic; indicating that there is another clinic a block and a half away from
this clinic; indicating that allowing this clinic would be a poor decision;
indicating concern with the impact to business and residential values; and
indicating that a class action suit will be brought against this City for
loss of property value.
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Sam
Osak – Western Day Care Centre – indicating concern that day care centres
were not included in the separation distance requirement; indicating that Day
Care Centres were not included in order to allow for more clinics; indicating
that there are other opportunities to dispense methadone at smaller clinics;
indicating that public safety should be one of the highest priorities;
indicating that primary clinics and pharmacies should be separated; and
requesting that amendments to the by-law be made to include licensed day care
centres in the separation distance requirements.
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Megan
Telfer – indicating that she is the child of an addict; indicating concerns
with the competency of the doctors operating the clinics as a result of the
recent allegations of improper practices and poor management; indicating
concern that the clinic would back on to a large green space area which
provides a good place for people to hide; indicating that separation distance
should include Montessori schools; indicating concern for the children
attending the day care as they are vulnerable and are being exposed;
indicating that addicts have the option of not being addicts, but children do
not have a choice; requesting that the Zoning By-law be amended to include a
separation distance for day care centres; enquiring as to whether minutes
were taken from the meeting at the Hillside Church; indicating that there
were allegations against the company discussed at the Hillside meeting; and
indicating that Council needs to consider the credibility of the applicant.
·
Stephen
Hunt – indicating that he has no issues with smaller clinics; asking if there
has been a specific study undertaken that identifies the need for an
additional methadone clinic in this area: references the discussion paper
that had been prepared as part of the original study regarding methadone
clinics; indicating concern with five dispensaries within a five kilometer
area; indicating that methadone clinics should be separated from one another;
requesting that policies restrict methadone clinics from being located within
the vicinity of schools, daycares, parks and places of worship; and indicated
that he does not want a repeat of 528 Dundas Street.
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Dan
Procap – thanking those people who attended the Hillside Drive meeting;
indicating that each ward has a responsibility to host a methadone clinic;
indicating an unfairness that three of the five existing clinics are in this
ward; and indicating that house sales in the area have increased as a result
of the methadone clinics.
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Ms.
Rogerson, Dance London – advising that she has 350 students; indicating that
the dance studio is not shown on the location map; indicating that during
their camps, the children are walked to Dairy Queen daily; indicating that
there is always staff at the studio; and indicating that she wants to keep
her students safe.
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Justin
Langille – indicating that he is documenting the project to determine whether
or not the planning stages lead to the right conclusion; indicating that he
worked and lived in East Vancouver, which is one of the worst, roughest areas
in Canada and he came to know it as a great community; advising that he works
in housing stability, which means that he works shifts to ensure that people
that are ill are kept safe and clean and to help people from becoming
homeless; advising that methadone provides people with a resource to get on
with another phase of their life; indicating that he wholeheartedly welcomes
another methadone clinic in Old South; advising that he has seen how people
can become integrated in their community, not marginalized; indicating that
it is hard when people cannot access what they need every day; advising that
heroin is coming back on the market now that OxyContin is more controlled;
advising that they should be seeking to integrate addicts into their
neighbourhoods; noting that it is not safe for addicts to be in the same area
as children; advising that this is an important decision that will help
people now; and advising that this also supports safe injection sites, safe
smoking sites for crack and can assist addicts and the community.
·
Lori
– indicating that her biggest concern is not children; advising that there
are seniors in the area and you need to be concerned about them; recognizing
that there is a need for methadone clinics; advising that if you put the
clinic here, you will have lawsuits as people will get hit by traffic on
Wharncliffe Road if they are in pain or cannot think straight; advising that
there needs to be a reality check; and advising that having them enter a
clinic and then go back home is not solving the problem.
·
Holly
Doty – advising that the limit of health care may be limited by the Municipal
Council; indicating that a family member or neighbour may not be able to
receive the help that they need; requesting that addicts be thought of as
people; and requesting that health care not be limited.
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Megan
Walker, - expressing support for a harm reduction model; advising that she
has seen many people struggle with addiction, die of overdose or commit suicide;
advising that she is 100% supportive of methadone clinics; advising that
having the clinics saves lives, allows people to restore their self-respect,
and allows families to stay together; advising that methadone works and
should not be feared; advising that methadone is prescribed in clinics, like
other medication; indicating that this is a health care issue between a
patient and a doctor; indicating that it doesn’t matter if there is a clinic
close to seniors; advising that these people are not to be feared; indicating
that the discrimination that she continues to hear is appalling; advising
that it is a basic human right for everyone to have health care; advising
that she is extremely upset that the community does not realize that, while
property values have soared, there is a clinic in the neighbourhood;
indicating that there are 150 patients accessing the clinic every day;
indicating that there is nothing to fear; recommending that the cap of 200
clients per day be removed; noting that whether the number is met or not, it
is arbitrary; advising that people cannot discriminate based on a disability,
which addiction is; and reiterating that a cap on the number of clients is
not appropriate.
·
Holly
and Grant Doty – advising that this has been a huge learning curve for the
community; advising that they are attending the meeting to hear the real
answers; advising that they have no idea who is coming, how many or how much
they will be paying; noting that this is where the fear is coming from;
advising that other businesses have a sense of what their business plan will
be; advising that Mr. Patton’s comments were concerning; and enquiring as to
the comparison that was made to the AIDS Hospice.
·
Trish
Harding – advising that she is all for helping people that are troubled and
addicted; advising that on a W-5 documentary, OxyContin was thought to be a
solution; enquiring as to where all the addicted people are coming from; also
enquiring as to what is being done to assist people before they become
addicted; and requesting that people be helped in a discreet manner; noting
that this is not a discreet site.
·
Frank
Felice – advising that he has been following the news on the property located
at 528 Dundas Street; requesting that when a community comes forward, please
respect their comments and opinions; indicating that the City of London is
the only player; advising that the College of Physicians and Surgeons should
be part of this debate as they have tools to assist with these matters;
noting that the Ministry of Health should also be at the meeting; indicating
that there are problems with methadone clinics; advising that citizens are
concerned as there is no recourse for the clinic at 528 Dundas Street;
expressing appreciation to the City for tackling the problem with limited
tools; enquiring whether the debate needs to be widened to find better
solutions to these problems; advising that a good example of the problem is
that the clinic operator brought his lawyer to the meeting; noting that
business owners do not want to deal with the community; requesting the
establishment of a Task Force on Methadone Treatment to have the operators
engage the community; and advising that none of the recommendations have been
adopted by any of the people who provide this service.
·
Bev
Irwin – advising that she is a nurse; indicating that this is a for profit
clinic; and indicating concern with the number of dispensaries in the area.
·
Jim
Watkin – advising that he is a registered social worker who has been working
with people who use drugs; reminding people that we are talking about
“people”; indicating that there are needles in the area as there are no
facilities to properly dispose of them; advising that this is marginalizing
and stigmatizing people; advising that this substance has been used since the
1960’s; advising that methadone only works for opiates, not cocaine or
methamphetamines; advising that this is not about homeless people, drug
dealers or sex workers; indicating that there are 21 active crack houses on
Hamilton Road; and advising that the City is handling addictions very poorly.
·
Steve
Alexander – advising that the AIDS facility provided one million needles over
a year and a half; advising that he takes the bus 92 times per month;
expressing empathy for the addicts; advising that the Middlesex London Heath
Unit should open its own methadone clinic and make a lot of money; and
advising that the agencies that receive money from the City need to be more
accountable.
·
David
Ward – advising that he heard a lot of good information at the community
meeting held at Hillside Church; noting that the City is better prepared this
time; advising that the Civic Administration plans for the uses that best
meet the needs of those that use pharmacies and clinics; enquiring as to
whether or not most of the people in attendance live in this area of London;
requesting that this proposal be fair and equitable across the City and not
concentrated in one part of London; requesting that the Civic
Administration’s recommendation be denied; requesting that people stop
thinking of it as being in your backyard; advising that at the meeting held
at the Hillside Church and the meeting tonight, it is clear that no one is
being denied medical assistance; indicating that it is better to have a
diverse range of facilities throughout London, rather than in one area;
expressing disappointment with Mr. Patton’s comments relating to business
people using methadone; and advising that it is a community service to clean
up needles.
·
Peter
VanEsche – advising that methadone clinics serve a valuable need in the
community; noting that there are already three clinics in the area; enquiring
as to whether or not the City is responsible for the location of the clinics;
noting that four clinics are not necessary in the Old South area; and
advising that there should be no objection to the 200 client cap.
·
Sharon
Halbury – advising that the proposed methadone clinic is within view of her
house; advising that, when she moved here, she was looking for a good
neighbourhood to raise her daughter; noting that there is an excellent
education system in the area and it is close to all amenities; indicating
that she never dreamed she would live close to five methadone clinics;
indicating that they are the voices for the children, the seniors and the
neighbourhood; recommending that if it does not feel good, then do not do it;
indicating that they brought all of the neighbours out so that you could hear
their voices and deny the application; advising that she will have trouble
selling her house; and stating that, if this was your neighbourhood, you
would not recommend the placement of the methadone clinic.
·
Laura
Peralla – advising that she uses the bus system and sees the problem;
indicating that she comes from a family background; advising that she does
not want three methadone clinics in the area; advising that methadone users
are not going to take two buses to utilize this methadone clinic; enquiring
as to a different location for this clinic; advising that it will affect
businesses and their green spaces.
·
Michael
Jamieson – advising that he is a resident of Lockwood Park and a neighbour of
Councillor H.L. Usher; advising that there is another methadone clinic
proposed for a property located on Wellington Road; indicating that he is
not originally from London; advising that there are huge issues with the
Downtown area; advising that he has seen the City grow in a better direction;
advising that it is nice to see younger people moving into the area; advising
that there are lots of stigmatisms with methadone clinics; advising that he
is attending the meeting to educate himself on the issue; advising that
London has very strong communities; advising that he is the father of a
newborn and he works seven days a week to give his family a nice life; and
indicating that a methadone clinic at this location does not allow his family
to live that dream.
·
Chris
Innison – advising that he is on the Board of Directors of the London Model
Railroad; indicating that there is a lack of information and education for the
public; requesting information on how large the clinic will be in terms of
patients per day; noting that, as a business, they should have reasonable
expectations; expressing concern with the perception; advising that more
information would go a long way; and noting that the City of London’s by-law
helps to propagate the stigmatism.
·
Michael
– indicating that he had been notified that another clinic would be opening
up in his area; providing an example of Lockwood Park and that there are huge
issues in the Downtown; indicating that the problems are systemic; and
indicating that he is a new father.
·
Marvin
Sumner – advising that the cap was put in place after the application was
submitted; noting that when the meeting was held at Hillside Church, the cap
was raised; also noting that the Ministry of Health indicates that the cap
can be put into place; requesting that the by-law be revised to allow a cap
to be put into place before any more applications are received; indicating
that these meetings could have been avoided if the cap was put in place; and
requesting that the operation of the clinics be verified.
·
Matt
Shaw, Owner, Dairy Queen – advising that he purchased the Dairy Queen this
year; advising that they cater to large groups of children and that this will
impact their business; advising that his female staff have expressed concern
working near a methadone clinic; and requesting that a better location for
the clinic be found.
·
Joseph
Fisher – indicating that he will try not to waste too much oxygen on this
subject; indicating that Mr. Patton is paid to be here; advising that his
motive is profit; noting that he is not against profit; indicating that you
cannot tell someone that they cannot make a living; advising that his client
has a right to set up a methadone clinic; advising that he does not want one
in his neighbourhood; enquiring as to how many people have been able to get
off the treatment; and advising that people go from one addiction to another.
·
Jeremy
Hanford – indicating that he has owned and operated a tire service since
1971; expressing support for assisting people; agreeing that disbursement of
the clinics across the City is correct; and advising that there is a bus stop
at the corner of Wharncliffe Road South and Lambeth Avenue.
·
Andrew
Binks – enquiring as to the maximum number of people who can be assisted at
this facility; also enquiring as to what would happen if another application
is received; recommending separation distances be established so that there
are not so many clinics close together.
·
Eric
Saunder – advising that there are already two clinics in the area; advising
that there was a truck set on fire in the area when a drug deal went bad;
advising that he has the police on speed dial; advising that he can smell
marijuana being smoked across the street; expressing disbelief in the
validity of methadone clinics; noting that some addicts end up on cocaine;
advising that more research on a cure needs to be completed; indicating that
this legalizes drug dealers in their area; advising that this is hurting the
businesses and daycares; and indicating that licensing may assist in
addressing problems.
·
Gary
Brown, 35A – 59 Ridout Street – advising that he is involved in the
community; advising that it is a knee-jerk reaction that is happening in this
area; advising that he did not realize that there is a methadone clinic three
blocks from his house; advising that the City’s policies should be given a
chance; requesting that clinics be restricted to busy areas where they can be
shut down; and advising that there is clearly a need for methadone clinics in
the City.
·
Patrick
Chadwick – advising that if dance schools, karate schools and daycares are in
the restrictions, they are being discriminated against; advising that there
are seniors in the area who need consideration; and advising that this
application is discriminatory and will be appealed.
·
Paul
Lecks – expressing support for smaller clinics spread throughout the City;
indicating that a large clinic is not a good idea; recommending that fences
be installed around the property; advising that the applicant does not want a
limit set on the number of people they are allowed to treat as it would limit
his profit; and advising that Mr. Patton’s comments that he will take this
matter to the Ontario Municipal Board if the cap is set at 200 people per day
should be taken into consideration.
·
Brenda
Sherwell – enquiring as to whether or not Councillors are aware that
petitions were circulated with over 500 signatures on them.
·
Chris
Nielson – questioning how many have been open; questioning if any of the
community concerns have been addressed; and indicating that the London Model
Railway group is opposed to the application.
·
Marsha
Pip, Beale Street – advising that her main concern is the limit of 200 people;
advising that if you work an eight hour day, you will see 25 people; noting
that this is one person every 2 minutes; advising there may be a large number
of clients showing up at once; advising that there are only three or four
parking spaces available.
·
Trisha
Harding – advising that the proposed clinic should not be allowed at this
location; indicating that she cannot keep up with what is going on; enquiring
as to who makes the decisions; and indicating that there are no specifics and
that there are too many loose ends.
·
Rita
Crawley – advising that she is against the installation of the proposed
clinic; advising that she has worked in the mental health field as a nurse in
group homes; noting that in every area that she has worked in, there have
been caps for the safety of the employees and clients; advising that she
loves where she lives; advising that the other clinics have succeeded because
the owner has placed caps on the limits of clients seen per day; indicating
that if this clinic is installed, without caps, it will change the City;
advising that people have been stealing copper pipes; and advising that her
children will not be able to go to Source for Sports.
·
John
Carter – advising that the information is provided on the City of London
website; advising that this is the wrong location for this company; advising
that he has spent time talking to the neighbours; advising that people who
attended the Hillside Church meeting were unable to attend the meeting
tonight; and advising that there were several signatures on the petitions.
(2012-D11-06)
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Motion made by Councillor S.E. White and
seconded by Councillor S. Orser to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering a matter pertaining
to advice that is subject to solicitor-client privilege, including
communications necessary for that purpose, and litigation or potential
litigation, with respect to the property located at 425 Wharncliffe Road
South (Z-8063).
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, S. Orser,
N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
NAYS: W.J. Armstrong (1)
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Motion
made by Councillor P. Van Meerbergen and seconded by Councillor M. Brown to Approve
that Council recess for 10 minutes.
Motion
Passed
The Council rises and goes into Committee of
the Whole, in camera at 5:28 PM with Mayor J.F. Fontana in the Chair and all
Members present except Councillors J.B. Swan and J.L. Baechler.
At 5:29 PM, V. McAlea Major enters the
meeting.
At 5:32 PM, Councillor J.B. Swan enters the
meeting.
The Committee of the Whole rises and Council
resumes in regular session at 6:00 PM with Mayor J.F. Fontana in the Chair and
all Members present except Councillor J.L. Baechler.
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At 6:06 PM, His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
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Motion made by Mayor J.F. Fontana and
seconded by Councillor D.G. Henderson to Approve postponement of consideration
of the application pertaining to the property located at 425 Wharncliffe Road
South (Z-8063), to a future meeting of Council, following the consideration
of a licensing by-law related to the licensing of methadone clinics.
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At 6:22 PM, His Worship the Mayor resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
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Motion Failed
YEAS: J.F. Fontana, S. Orser, D.G.
Henderson, P. Van Meerbergen, D. Brown (5)
NAYS: B. Polhill, W.J. Armstrong, J.B.
Swan, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant, S.E. White
(9)
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The motion to adopt clause 2 is put.
Motion Passed
YEAS: B. Polhill, W.J. Armstrong, J.B.
Swan, N. Branscombe, M. Brown, P. Hubert, H.L. Usher, J.P. Bryant, S.E. White
(9)
NAYS: J.F. Fontana, S. Orser, D.G.
Henderson, P. Van Meerbergen, D. Brown (5)
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Motion made by Councillor N. Branscombe and
seconded by Councillor P. Hubert to Approve that pursuant to section 7.4 of
the Council Procedure By-law, the order of business be changed to permit
consideration of the emergent motion at this time.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, N. Branscombe, M. Brown, P. Hubert, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (11)
NAYS: S. Orser, D.G. Henderson, P. Van
Meerbergen (3)
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Motion made by Councillor N. Branscombe and
seconded by Councillor P. Hubert to Approve that, pursuant to section 18.2 of
the Council Procedure By-law, leave be given for the introduction of an
emergent motion with respect to a leave of absence for the Mayor.
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Motion Failed
YEAS: W.J. Armstrong, N. Branscombe, M.
Brown, P. Hubert, J.P. Bryant, S.E. White (6)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher (8)
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Motion made by Councillor S. Orser and
seconded by Councillor J.B. Swan to recess.
Motion Passed
The Council recesses at 7:00 PM and
reconvenes at 7:48 PM with Mayor J.F. Fontana in the Chair and all Members
present except Councillors W.J. Armstrong, S. Orser, J.L. Baechler and D.
Brown.
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Motion
made by Councillor M. Brown to Approve clauses 1 to 13, excluding clauses 5
and 9.
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At
7:49 PM, Councillor S. Orser enters the meeting.
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Councillor M. Brown discloses a pecuniary
interest in clause 9 of this Report, having to do with the City of London and
Thames Valley District School Board (TVDSB) Liaison Committee, by indicating
that the TVDSB is his employer.
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That the 2nd Report of the London Housing
Advisory Committee, from its meeting held on October 10, 2012, BE RECEIVED.
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That, on the recommendation of the City
Manager, the attached letter to the Minister of Community and Social
Services regarding the response to the Draft Requirements for the Design of
Public Spaces (Accessibility Standards for the Built Environment) BE APPROVED
for submission. (2012-S10-00)
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That the correspondence dated September
2012, from the Honourable Charles Sousa, Minister Citizenship and Immigration,
with respect to the June Callwood Outstanding Achievement Award for
Voluntarism in Ontario BE RECEIVED. (2012-M00-00)
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That, on the recommendation of the Managing
Director, Neighbourhood, Children and Fire Services, on behalf of the Age
Friendly London Task Force, the following actions be taken:
a) the
Age Friendly London Task Force: Three-Year lmplementation Plan, included as
Appendix “A” to the associated staff report, dated October 22, 2012 BE
ENDORSED; it being noted that this document was prepared by over 100 members
of the Age Friendly London Task Force with input from over 500 Londoners;
b) the
Civic Administration BE DIRECTED to submit the Age Friendly London: A
Three-Year Action Plan to the World Health Organization's Network of Age
Friendly Cities;
c) the
Civic Administration BE AUTHORIZED and BE DIRECTED to proceed with the
implementation of the Three-Year Action Plan, subject to annual budget
approvals;
d) the
Age Friendly London Task Force members, as identified in Appendix “B” to the
associated staff report, dated October 22, 2012, BE THANKED and BE COMMENDED
by City Council for their time and effort in developing the Plan over the
period of September 2011 to June 2012; and
e) the
Civic Administration BE DIRECTED to provide the Age Friendly London: A
Three-Year Action Plan to the Association of Municipalities of Ontario and
the Federation of Canadian Municipalities;
it being noted that the Community Services
Committee (CSC) received the attached presentation from B. Ryan, R.
Walters and N. Sauter with respect to this matter; it being further noted
that the CSC received the “Age Friendly London A Three-Year Action Plan”
document. Secretary’s Note: Copies of this document are available for
viewing in the City Clerk’s Office. (2012-C06-00)
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That the following actions be taken with
respect to the 2nd Report of the Accessibility Advisory Committee (ACCAC)
from its meeting held on September 27, 2012:
a) clause 1 BE AMENDED to read as
follows:
“That the following
actions be taken with respect to the Streets By-law amendment to allow
bicycles on sidewalks:
a) the
Civic Administration BE REQUESTED to provide additional information to the
Accessibility Advisory Committee (ACCAC) related to the enforcement of the
above-noted by-law;
b) the
by-law, as adopted, BE PROVIDED to the AACAC By-laws, Policy and Training
Sub-Committee for review and to the Education Sub-Committee to prepare a
report with respect to educational opportunities”; and,
b) clauses 2 to 14, inclusive, BE
RECEIVED.
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That the following actions be taken with
respect to the 4th Report of the Accessibility Advisory Committee (ACCAC)
from its meeting held on May 24, 2012:
a) clause 1 BE AMENDED to read as
follows:
“That the
Wheelchair Ballroom Dance program, through the Spectrum recreation
programming, BE ENDORSED; it being noted that the Accessibility Advisory
Committee supports, in principle, the program.”; and,
b) clauses 2 to 9, inclusive, BE
RECEIVED.
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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 Westminster Optimist Park Redevelopment (Tender 12-83):
a) the
tender submitted by PLS Landscaping and Excavation Ltd., 1124 Gainsborough
Road, London, Ontario N6H 5N1, at their contract price of $352,592.00,
including contingency of $33,000.00, (HST extra) BE ACCEPTED; it being noted
that PLS Landscaping and Excavation Limited submitted the lowest bid and
meets the City’s terms and conditions;
b) the
funding for this project BE APPROVED as set out in the Source of Financing
Report included as Appendix “A” to the associated staff report, dated October
22, 2012;
c) the
future additional annual operating costs of $16,000.00 BE CONSIDERED as a
first priority commitment in the Parks Operations 2013 Operating Budget,
subject to final budget approval;
d) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and,
e) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record relating to
the subject matter of this approval. (2012-A03-00)
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That, on the recommendation of the Managing
Director of Neighbourhood, Children & Fire Services, consideration of the
sole source purchase of a centralized child care waitlist application BE
DEFERRED to a future meeting to allow additional information to be researched
and presented to the Community Services Committee. (2012-C06-00)
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That, on the recommendation of Tim Dobbie –
Consultant, the authority to make declarations of compliance with the terms
of the service accountability agreements with the South West Local Health
Integration Network regarding the Dearness Home’s Long-Term Care Home, the
Adult Day Program and Homemaking Services Program, BE DELEGATED to the City
Manager, or written designate. (2012-C11-00)
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That the request for delegation status from
M. Holland, Director, Health Promotion and Public Affairs, Heart & Stroke
Foundation of Ontario, with respect to a presentation regarding how to make
your municipality more cardiac safe, BE APPROVED; it being noted that
delegation status for M. Holland will be arranged for a future meeting of the
Community Services Committee. (2012-C09-00)
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Motion
Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S.
Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen,
H.L. Usher, J.P. Bryant, S.E. White (12)
At
7:52 PM, Councillor D. Brown enters the meeting.
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Motion made by Councillor M. Brown to
Approve that the following actions be taken with respect to the elimination
of the Community Start Up and Maintenance Benefit (CSUMB) and the Community
Homelessness Prevention Initiative Funding Allocation (CHPI):
a) a
letter BE SENT to the Province to urge reconsideration of the discontinuation
of the CSUMB program, or at the very least to delay the discontinuation to December
31, 2013, to allow adequate preparation for the program’s cessation;
b) the
report of the Acting Ontario Works Administrator, dated October 22, 2012,
with respect to the elimination of the CSUMB, BE RECEIVED;
c) the
report of the Managing Director of Neighbourhood, Children and Fire Services,
dated October 22, 2012, with respect to the Community Homelessness Prevention
Initiative Funding, BE RECEIVED;
it being noted that the Community Services
Committee received a verbal report from J. Thompson, LIFE*SPIN, and M.
Laliberte, Neighbourhood Legal Services, with respect to this matter.
(2012-C10-00)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: P. Hubert (1)
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Motion made by Councillor H.L. Usher to
Approve that, on the recommendation of the City Clerk, the proposed Terms of
Reference, attached as Appendix “A”, to establish the City of London and
Thames Valley District School Board Liaison Committee, BE APPROVED.
(2012-C08-00)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, P. Hubert, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: M. Brown (1)
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Motion
made by Councillor P. Hubert to Approve clauses 1 to 20, excluding clauses 9,
11 and 21.
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That it BE NOTED that Councillor P. Hubert
disclosed a pecuniary interest in clause C-2 of the Confidential Appendix to
this Report pertaining to a matter pertaining to instructions and directions
to officers and employees of the Corporation pertaining to a proposed
acquisition of land; reports or advice or recommendations of officers and
employees of the Corporation pertaining to a proposed acquisition of land;
commercial and financial information supplied in confidence pertaining to the
proposed acquisition the disclosure of which could reasonably be expected
to, prejudice significantly the competitive position or interfere
significantly with the contractual or other negotiations of the Corporation,
result in similar information no longer being supplied to the Corporation
where it is in the public interest that similar information continue to be so
supplied, and result in undue loss or gain to any person, group, committee or
financial institution or agency; commercial, information relating to the
proposed acquisition that belongs to the Corporation that has monetary value
or potential monetary value; information concerning the proposed acquisition
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 acquisition, by
indicating that he is the Executive Director of a Social Services agency
that leases space from the proponent.
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That, on the recommendation of the Managing
Director, Engineering & City Engineer, the following actions be taken:
a) the
tender for the supply and delivery of two (2) Crew Cab & Chassis
submitted by Carrier Centers, 645 Athlone Place, Woodstock, Ontario N4S 7V8
at their tendered price of $158,796.00 (excluding HST), BE ACCEPTED; it being
noted that this bid was the only bid received and meets the City’s terms,
conditions, specifications and requirements in all areas;
b) the
Source of Financing BE APPROVED as detailed in Appendix “A” of the associated
staff report dated October 15, 2012;
c) the
Civic Administration BE AUTHORIZED to undertake all administrative acts which
are necessary in connection with this award; and
d) the
approvals hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order relating to the subject matter of
this approval.
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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 emergency repairs:
a) the
actions taken by the Civic Administration to effect emergency repairs to the
City Hall loading dock and drop off circle access routes in accordance with
section 14.2 of the Procurement of Goods and Services Policy for a cost of
$56,447.15 (excluding HST) through a time & material contract with Abbott
Construction, 611 Industrial Road, London, ON, N5V 1V2 BE ENDORSED;
b) the
Source of Financing BE APPROVED as detailed in Appendix “A” of the associated
staff report dated October 15, 2012; and
c) the
Civic Administration BE AUTHORIZED to undertake all administrative acts which
are necessary in connection with this work.
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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 City of London’s Procurement
of Goods and Services Policy:
a) the
attached proposed by-law to amend By-Law No. A.-6151-17, BE INTRODUCED
at the Municipal Council meeting on October 30, 2012, to revise Schedule “C”
to By-Law No. A.-6151-17 being the “Procurement of Goods and Services Policy”
to:
i) replace
Executive Directors and Directors with Managing Directors and replace of
Departments with Service Areas, in addition to updates made for other current
organizational changes;
ii) add
a new section 20.3 regarding Contract Amendments/Extensions to Schedule A;
and
iii) make
various other minor “housekeeping” changes as required.
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That the following actions be taken with
respect to the City of London Community Suite Policy:
a) on
the recommendation of the City Clerk, the attached proposed by-law
(Appendix “A”) BE INTRODUCED at the Municipal Council meeting on October 30,
2012 to delete and replace Council Policy 22(3) entitled “City of London
Community Suite Policy” with a new Policy which reflects the elimination of
the Board of Control;
b) on the recommendation of the
City Manager:
i) the
City of London Community Suite BE UTILIZED by the City of London during the
2013 World Figure Skating Championships for the purposes of community
promotion, and industrial and tourism promotion, in accordance with Council
Policy 22(3);
ii) the
City Clerk BE DIRECTED to include a business case for funding the costs
associated with the above-noted use of the Suite in its 2013 Budget
submission; and
iii) the
Mayor’s Office BE DESIGNATED responsibility for coordinating the use of the
Community Suite during the above-noted event, with a view to maximizing the
positive exposure of the City through the use of the Suite by dignitaries
from communities who are participating in the event.
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That, on the recommendation of the City
Clerk, the attached proposed by-law (Appendix “A”) BE INTRODUCED at
the Municipal Council meeting on October 30, 2012 to delete and replace
Council Policy 3(8) entitled “City of London Days at the John Labatt Centre”
with a new Policy which reflects the facility’s name change to “Budweiser
Gardens”.
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That, on the recommendation of the Chief
Technology Officer of the City of London, the following actions be taken with
respect to the business continuity initiative:
a) the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal
Council meeting on October 30, 2012 to:
i) approve
an agreement (attached as Schedule 1 to the by-law) with London Hydro
Inc. for co-locating some of the servers, switches, etc. in each other’s data
centres to provide business continuity;
ii) delegate
to the Mayor and City Clerk the authority to execute the agreement; and
b) the
Civic Administration BE AUTHORIZED to undertake all the necessary
administrative acts in connection with this matter.
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That, on the recommendation of the Manager
Realty Services, with respect to a portion of the City owned vacant
landlocked parcel of land off Bathurst Street, measuring approximately 15.5
meters X 21.7 meters, containing an area of approximately 337 square meters,
being Part 3, Plan 33R-18372, as shown on Schedule “A” attached, the
following actions be taken:
a) declare the subject property
being Part 3 , Plan 33R-18372 surplus;
b) accept
the offer from 598419 Ontario Limited to purchase from the City, lands described
as Part 3, Plan 33R-18372, for the nominal sum of $2.00;
c) accept
the offer from 598419 Ontario Limited, the adjacent property owner, to sell
to the City the lands described as Part 4, Plan 33R-18372, for the nominal
sum of $2.00; and
d) the
attached proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal
Council meeting to be held on October 30, 2012 to approve the sale and
acquisition and to authorize the Mayor and City Clerk to execute the
Agreements of Purchase and Sale.
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That the attached revised proposed
by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting on
October 30, 2012 for the purpose of repealing and replacing By-law No. A-43,
the Civic Administration By-law, with a new Civic Administration By-law to
take effect on October 31, 2012, to:
(i) better reflect all
organizational changes recently completed;
(ii) provide clarity with respect to
reporting relationships;
(iii) address consistency and
housekeeping matters;
(iv) ensure flexibility for
Administration in carrying out its work; and
(v) reflect “economic development”
within the by-law.
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That the recommendations in the Tax
Adjustment Agenda dated October 15, 2012 BE APPROVED; it being noted that
there were no members of the public in attendance to speak to the Finance and
Administrative Services Committee, at the public hearing associated with the
Tax Adjustment Agenda.
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That the Committee Secretary BE REQUESTED
to make contact with Mr. Bill Tufts, Fair Pensions For All, in order to make
arrangements for him to appear as a delegation at the next meeting of the
Finance and Administrative Services Committee, in response to his request for
delegation status regarding pensions.
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That the Covent Garden Market BE AUTHORIZED
to draw down on its reserve in the amount of $25,000 to replace the existing
lighting in the underground parking at the Covent Garden Market.
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That the following actions be take with
respect to the request from “The Pledge 2012 Campaign” for sponsorship
funding:
a) the
organizers BE REFERRED to the City of London’s grant process in the event
that they wish to have their request considered in accordance with
established guidelines for requests such as theirs; and
b) the
Mayor BE REQUESTED to write to the organizers advising them of the Municipal
Council’s recent pledge against bullying and reiterating the Municipal
Council’s ongoing support for the elimination of bullying.
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That the communication dated September 25,
2012 from Councillor H.L. Usher and Councillor J.L. Baechler regarding the
Federation of Canadian Municipalities Board of Directors meeting held on
September 5 - 8, 2012 in Laval, Quebec BE RECEIVED.
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That the communication from Deb
Wilson-MacLeod, resigning her appointment to the Accessibility Advisory
Committee, BE ACCEPTED and Deb Wilson-MacLeod BE THANKED for participating on
the Accessibility Advisory Committee.
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That the communication dated September 19,
2012, from Avril Rinn, resigning her appointment to the Accessibility
Advisory Committee, BE ACCEPTED and Avril Rinn BE THANKED for participating
on the Accessibility Advisory Committee.
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That the communication dated October 2,
2012, from Elisabete Rodrigues, resigning the appointment of Dayle Allan to
the London Diversity and Race Relations Advisory Committee, BE ACCEPTED and
Dayle Allan BE THANKED for participating on the London Diversity and Race
Relations Advisory Committee.
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That the communication dated September 25,
2012, from Bill Urquhart, resigning his appointment to the Community Safety
and Crime Prevention Advisory Committee, BE ACCEPTED and Bill Urquhart BE
THANKED for participating on the Community Safety and Crime Prevention
Advisory Committee.
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Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
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Motion made by Councillor P. Hubert to
Approve that, on the recommendation of the Manager, Realty Services, with
respect to the offer submitted by 1803302 Ontario Limited to purchase
approximately 2.87 acres of land located on the west side of Sovereign Road,
described as Part Lot 27, Plan 33M-251, as shown on Appendix “B”, the
following actions be taken:
a) the
offer submitted by 1803302 Ontario Limited to purchase the land noted above
in the amount of $215,500.00, reflecting a price of $75,000.00 per acre, BE
ACCEPTED, subject to the following condition:
i) the
City will require that the existing natural vegetation be retained by the
Purchaser as much as possible on the east and north property frontages and to
be included into site landscaping. Densely planted trees are to implement
the required tree management plan in areas where existing mature vegetation
is removed on the north and east property frontages; and
b) the
attached proposed by-law (Appendix “C”) BE INTRODUCED at the Municipal
Council Meeting held on October 30, 2012, to approve this transaction and to
authorize the Mayor and the City Clerk to execute the Agreement of Purchase
and Sale.
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Motion Passed
YEAS: J.F. Fontana, J.B. Swan, S. Orser, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: B. Polhill (1)
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Motion made by Councillor P. Hubert to
Approve that, on the recommendation of the City Clerk, the attached
revised proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council
meeting on October 30, 2012 for the purpose of repealing and replacing By-law
No. A-41, the Council Procedure By-law, with a new Council Procedure By-law
to take effect on December 1, 2012, to implement a slightly modified standing
committee structure and minor housekeeping changes, for the purpose of
clarification; it being noted that there were no members of the public in
attendance to speak to the Finance and Administrative Services Committee at
the public meeting associated with this matter.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion made by Councillor P. Hubert to
Approve that the communication dated September 11, 2012, from Sabina Di
Loreto, resigning the appointment of Emily Marcoccia to the Town and Gown
Committee, BE ACCEPTED and Emily Marcoccia BE THANKED for participating on
the Town and Gown Committee.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion made by Councillor H.L. Usher to
Approve clauses 1 to 11, excluding clause 7.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the 2nd Report of the Transportation
Advisory Committee, from its meeting held on October 2, 2012, BE RECEIVED.
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That the following actions be taken with
respect to the Standard of Care Provision in Ontario's Safe Drinking Water
Act, 2002:
a) the
report dated October 22, 2012 from the Managing Director, Engineering and
City Engineer, with respect to Section 19 of the Ontario’s Safe Drinking
Water Act, 2002, commonly referred to as the “Standard of Care Provision”, BE
RECEIVED for information; and,
b) the
City Solicitor BE REQUESTED to provide a report back at a future meeting of
the Civic Works Committee with respect to legal protection for Councillors in
regard to the associated legal liabilities and penalties, as well as any
other implications or repercussions of the legislation outlined in Section 19
of the Ontario’s Safe Drinking Water Act, 2002, that extends legal
responsibility to people with decision-making authority over municipal
drinking water systems. (2012-W13-00)
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That, on the recommendation of the Managing
Director, Engineering and City Engineer, the attached proposed by-law
(Appendix “A”) BE INTRODUCED at the Municipal Council meeting to be held on
October 30, 2012, for the purpose of amending the Traffic and Parking By-law
(P.S. 111). (2012-G05-00)
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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 appointment of a consultant for the Dingman Creek Subwatershed
Study, climate change update:
a) Delcan
(Consultant), 1069 Wellington Road South, Suite 214, London, ON, N6E 2H6, BE
APPOINTED as Consulting Engineers for the Dingman Creek Subwatershed Study
Update in the amount of $327,159, excluding H.S.T., including allowances for
contingency and provisional items for a physical survey and a Westminster
Wetland Investigation and Water Balance Review, in accordance with Section
15, Clause 15.2(d) of the Procurement of Goods and Services Policy;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report included as Appendix “A” to the associated staff report, dated October
22, 2012;
c) the
consulting fees for the project identified in (a), above, BE IN ACCORDANCE
with the estimate, on file, which is based upon the Fee Guideline for
Professional Engineering Services, 2006, recommended by the Ontario Society
of Professional Engineers;
d) the
approvals hereby 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.
(2012-A03-00)
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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 appointment of a consultant for the Medway Creek Subwatershed
Study Update:
a) Dillon
Consulting, 1400-130 Dufferin Avenue, London ON, N6A 5R2, BE APPOINTED as
Consulting Engineers for the Medway Creek Subwatershed Study Update, in the
amount of $293,814, including a contingency allowance of $50,000, excluding
H.S.T., in accordance with Section 15, Clause 15.2(d) of the Procurement of
Goods and Services Policy;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report included as Appendix “A” to the associated staff report, dated October
22, 2012;
c) the
consulting fees for the project identified in (a), above, BE IN ACCORDANCE
with the estimate, on file, which are based upon the Fee Guideline for
Professional Engineering Services, 2006, recommended by the Ontario Society
of Professional Engineers;
d) the
approvals hereby 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.
(2012-A03-00)
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That the communication dated September 21,
2012, from R.J. Tolmie, Secretary, London Condominium Corporation No. 11 and
K. W. Sadler, President and Director, London Condominium Corporation No. 4,
BE RECEIVED; it being noted that the Civic Administration communicated with
Mr. Tolmie and Mr. Sadler on September 28, 2012, indicating that Berkshire
Court has been included in the 2013 work program proposed in the 2013 Capital
Works Budget. (2012-S08-00)
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That the Director, Roads and Transportation
BE REQUESTED to review and report back at a future meeting of the Civic Works
Committee (CWC) with respect to the communication dated October 4, 2012, from
David Burdan, 68 Hillhead Road, related to parallel parking at the end of
driveways; it being noted that Mr. Burdan is to be given delegation status
when the report comes back to the CWC.
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That the Managing Director, Engineering and
City Engineer BE REQUESTED to review and report back at a future meeting of
the Civic Works Committee (CWC) with respect to the communication dated
September 28, 2012, from Lynne Stein, 20-475 McGarrell Drive, relating to a
request for a refund on water usage charges; it being noted that Ms. Stein is
to be given delegation status when the report comes back to the CWC; it being
further noted that the CWC heard a verbal update from Councillor M. Brown,
with respect to this matter. (2012-W13-00)
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That the following actions be taken with
respect to the communication dated October 5, 2012, from H. Brown, President,
Brown and Cohen Communications and Public Affairs Inc., requesting delegation
status for G. Mulhern, Executive Director, Ontario Concrete Pipe Association
and B. Brown, President, Coldstream Concrete, with respect to economic
development opportunities for London:
a) the
communication BE REFERRED to the Investment and Economic Prosperity Committee
(IEPC); and,
b) the
Managing Director, Engineering and City Engineer BE REQUESTED to provide a
report advising on the policies for the procurement of services or products
followed by the Engineering service area.
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Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
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Motion made by Councillor H.L. Usher to
Approve that the following actions be taken with respect to the new
"Value Based" funding model for Water and Wastewater Services:
a) the
report dated October 22, 2012, from the Managing Director of Engineering and
City Engineer BE RECEIVED for information;
b) a
Public Participation Meeting BE HELD at the November 12, 2012 meeting of the
Civic Works Committee, to hear from the public with respect to the proposed
new “Value Based” funding model for Water and Wastewater Services; and,
c) the
Civic Administration BE REQUESTED to include Schedules B1 through B5 of
Appendix B – “Schedule for Various Customer Benefits”, associated to the
staff report dated October 22, 2012, for consideration at the above-noted
Public Participation Meeting;
it being noted that the Civic Works
Committee heard the attached presentation and received the attached
additional presentation, entitled “Total Annual Charges”, from the Managing
Director of Engineering and City Engineer, and R. Welker, Division Manager,
Water Engineering, with respect to this matter. (2012-F17-00)
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Motion Passed
YEAS: J.F. Fontana, 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)
NAYS: S. Orser (1)
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Motion made by Councillor B. Polhill to
Approve clauses 1 to 21, excluding clauses 8, 9, 16 and 21.
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That Councillor J.B. Swan disclosed a
pecuniary interest in clause 8 of this Report having to do with the application
of S. Farhi, Farhi Holdings Corporation, relating to the property located at
199 Queens Avenue, by indicating that his employer leases property owned by
Farhi Holdings Corporation.
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That the 1st Report of the Agricultural
Advisory Committee from its meeting held on September 19, 2012, BE RECEIVED.
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That, on the recommendation of the Senior
Planner, Development and Compliance Division, based on the application of The
Ironside Building Company Inc., relating to the property located at 1030
Oakcrossing Gate, the attached proposed by-law BE INTRODUCED at the
Municipal Council meeting to be held on October 30, 2012, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan), to change the zoning
of 1030 Oakcrossing Gate FROM a Holding Residential R4/R5/R6 (h.-65
R4-6(3)/R5-6(3)/R6-5(20)) Zone TO a Residential R4/R5/R6
(R4-6(3)/R5-6(3)/R6-5(20)) Zone, to remove the h-65 holding provision.
(2012-D11-04)
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That, on the recommendation of the Manager
of Development Services and Planning Liaison, the following actions be taken
with respect to the application by Donald A. Riley to exempt the following
lands from Part Lot Control:
a) pursuant
to subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, the attached
proposed by-law BE INTRODUCED at a future Municipal Council meeting, to
exempt Block 98 in Plan 33M-633 from the Part Lot Control provisions of
subsection 50(5) of the Planning Act, for a period not to exceed three (3)
years; it being noted that these lands are subject to a registered
Development Agreement and are zoned Residential R4/R6 (R4-3/R6-5(23)); it
being further noted that the Residential R4(R4-3) Zone permits street
townhouses with a lot frontage minimum of 5.5m and a lot area of 200m²; and
the Residential R6 Special Provision (R6-5(23)) Zone permits triplexes,
fourplexes, townhouses, stacked townhouses and apartment building dwellings
with a minimum lot frontage of 10m and a minimum lot area of 850m2;
b) the
following conditions of approval BE REQUIRED to be completed prior to the
passage of a Part Lot Control By-law for Block 98 in Plan 33M-633 as noted in
part a), above:
i) the
applicant submit a draft reference plan to the Building Division for review
and approval to ensure the proposed part lots and development plans comply
with the regulations of the Zoning By-law, prior to the reference plan being
deposited in the Land Registry Office;
ii) the
applicant submits, to the Development Services Division, a digital copy,
together with a hard copy, of each reference plan, as noted in part i),
above, to be deposited; it being noted that the digital file shall be assembled
in accordance with the City of London's Digital Submission / Drafting
Standards and be referenced to the City’s NAD83 UTM Control Reference;
iii) the
applicant shall obtain confirmation from the Development Services Division
that the assignment of municipal numbering has been completed, in accordance
with the reference plan(s) to be deposited, should there be further division
of property contemplated as a result of the approval of the reference plan
prior to the reference plan being deposited in the Land Registry Office;
iv) the
applicant shall submit to the Managing Director, Engineering & City
Engineer and the Manager of Development Services, confirmation that an
approved reference plan for final lot development has been deposited in the
Land Registry Office; and,
v) the
subdivider be required to enter into any amending subdivision agreement with
the City, if necessary;
c) the Municipal Council BE
REQUESTED to approve this by-law; and,
d) the
applicant BE ADVISED that the cost of registration of this by-law is to be
borne by the applicant in accordance with City policy.
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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 request from Kape Developments Limited, relating to the
property located at 2280 Wickerson Road:
a) the
Approval Authority BE ADVISED that the Municipal Council supports granting a
three (3) year extension of the draft approval for plan 39T-00519, prepared
by AGM Surveying and certified by Bruce Baker, (dated April 1, 2001, Drawing
No. 1058 dwg Wickerson-3.dwg), which shows 86 single detached dwelling lots
and a park block, served by 3 local public streets, the extension of a
secondary collector road and Wickerson Road, SUBJECT TO the Municipal Council
endorsement of proposed changes to the Growth Management Implementation
Strategy (GMIS) and Development Charges Background Study for stormwater
management facilities SWMF SA-2 & SWMF-SB, and the revised conditions
contained in attached Appendix “39T-00519-1”; and,
b) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix “A” to the associated staff
report, dated October 15, 2012. (2012-D26-03)
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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 request from Mike Meddaoui, on behalf of 911578 Ontario
Limited, relating to the property located at 2332 Wickerson Road:
a)
the
Approval Authority BE ADVISED that the Municipal Council supports granting a
three (3) year extension of the draft approval for plan 39T-08507, submitted
by Mike Meddaoui, prepared by Archibald, Gray and McKay Ltd., and certified
by Bruce S. Baker (Drawing No. 06.174, dated November 18, 2008), which shows
173 single detached lots, 3 future residential development blocks, 1 walkway
block and 1 park block, served by 3 local roads, 2 secondary collector roads
and Wickerson Road, SUBJECT TO the Municipal Council endorsement of proposed
changes to the Growth Management Implementation Strategy (GMIS) and
Development Charges Background Study for stormwater management facilities
SWMF SA-2 & SWMF-SB, and the revised conditions contained in attached
Appendix “39T-08507-1”; and,
b) the
financing for the project BE APPROVED in accordance with the “Estimated
Claims and Revenues Report” provided as Appendix “A” to the associated staff
report, dated October 15, 2012. (2012-D26-04)
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That, on the recommendation of the
Director, Development Finance, the following actions be taken with respect to
the 2009 Development Charges Background Study:
a) the
source of financing for SWMF SB, which is currently funded by the Urban Works
Reserve Fund, BE EXCHANGED for the financing for SWMF SA-2, which is
currently funded by the City Service Reserve Fund;
b) SWMF
SB BE ADDED to the Growth Management Implementation Strategy in 2014, at an
estimated cost of $2,201,100;
c) SWMF
SA-2 BE REMOVED from the Growth Management Implementation Strategy in 2014,
with an estimated cost of $3,226,700 and BE OMITTED from the upcoming 2014
Development Charges Background Study; and,
d) SWMF
SB BE CONSTRUCTED by the City due to its hydrologically sensitive location;
it being noted that SWMF SA-2 is not
required to service any development within the current Urban Growth
Boundary. (2012-F06-00)
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That, the following actions be taken with
respect to the 1st Report of the Trees and Forests Advisory Committee (TFAC),
from its meeting held on September 26, 2012:
a) the
TFAC Terms of Reference BE AMENDED to add a representative from the London
Development lnstitute/London Home Builders Association (jointly) as a voting
member of the TFAC;
b) subject
to the approval of a), above, C. Linton, who is currently a Member-at-Large with
the TFAC, BE APPOINTED as the representative of the London Development
lnstitute/London Home Builders Association, resulting in a vacancy for the
Member-at-Large position; and,
it being noted that the TFAC reviewed and
received a Municipal Council resolution adopted at its meeting held on June
12, 2012 with respect to the TFAC appointments for the term ending February
28, 2015;
c) that
clauses 2 through 10, inclusive, of the 1st Report of the TFAC, BE RECEIVED
AND NOTED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from B. Shiell, Chair,
TFAC, with respect to these matters.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the Beaufort/Irwin/Gunn/Saunby/Essex
(“BIGS”) Streets Neighbourhood Draft Plan BE CIRCULATED for public, agency
and City review in advance of the formal public participation meeting
required under the Planning Act, to be held on November 26, 2012;
it being noted that the Planning and
Environment Committee received the attached presentation from P.
Carabott and A. Harrington, Peter J. Smith & Company, Inc., with respect
to this matter. (2012-D11-00)
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That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of
1079591 Ontario Limited, relating to the property located at 699 Village
Green Avenue, the proposed attached by-law BE INTRODUCED at the
Municipal Council meeting to be held on October 30, 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 Convenience Commercial (CC) Zone, which
permits convenience service establishments without a drive-through facility,
convenience stores without a drive-through facility, financial institutions
without a drive-through facility and personal service establishments without
a drive-through facility TO a Convenience Commercial Special Provision (CC(
)) Zone, to add florist shops, restaurants, day cares, professional and
service offices as additional permitted uses all within the existing building
without a drive-through, and to maintain existing parking;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2012-D11-03)
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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 application of Middlesex Vacant Land Condominium
Corporation No. 698, relating to the property located at 3278 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 draft plan of condominium;
b) the
Approval Authority BE REQUESTED to exempt the amendment to the Vacant Land Condominium
from draft approval, under Section 51 of the Planning Act, pursuant to
Section 9(3) of the Condominium Act, for the residential plan of condominium,
submitted by Middlesex Vacant Land Condominium Corporation No. 698;
c) the
Manager, Development Services and Engineering Liaison, BE REQUESTED to
reassign municipal addressing for the lots fronting on Colonel Talbot Road to
recognize the adjusted number of units; and,
d) the
Condominium Corporation BE REQUESTED to ensure owner approval of the proposed
amendment to the Vacant Land Condominium Plan and declaration, in accordance
with the Condominium Act, 1998;
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, on the recommendation of the Manager,
Development Services and Planning Liaison, the following actions be taken
with respect to the site plan approval application of Four Feathers Housing
Co-op, for the addition of 8 units to the 25 unit apartment building under
construction at the property located at 205 Commissioners Road West:
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; and,
b) the
Approval Authority BE ADVISED that the Municipal supports the Site Plan
application for an addition of 8 units, to the 4 storey apartment building,
with 25 units currently under construction;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2012-D25-00)
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That, on the recommendation of the
Director, Land Use Planning and City Planner, with the advice of the Heritage
Planner, the following actions be taken with respect to the property located
at 2332 Main Street:
a) the
Chief Building Official BE ADVISED that the Municipal Council does not object
to the request for demolition for the Priority 1 listed property located at
2332 Main Street; and,
b) the
Chief Building Official BE ADVISED that the Municipal Council does not wish
to issue a notice of Intent to Designate this property under Section 29 of
the Ontario Heritage Act;
it being noted that the London Advisory
Committee on Heritage has been consulted on this request for demolition;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2012-D10-00)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the baseline growth projections,
outlined in the final report prepared by Altus Group Economic Consulting,
entitled “Employment, Population, Housing and Non-Residential Construction
Projections, City of London, Ontario, 2011 Update”, BE ENDORSED for use in
the 2011 Official Plan Review and the 2014 Development Charges Study;
it being noted that the Municipal Council,
through the Investment and Economic Prosperity Committee, is aggressively
working to accelerate London’s economy to reach a growth target of 2% per
year; it being further noted that an average of more than 6,100 net new jobs
per year will be required to achieve this growth rate target;
it being pointed out that the Planning and
Environment Committee received the attached presentation from P.
Norman, Altus Group Economic Consulting, with respect to this matter.
(2012-D18-00)
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That, on the recommendation of the Manager
of Development Services and Planning Liaison, the following actions be taken
with respect to entering into a subdivision agreement between The Corporation
of the City of London and Highland Ridge Land Corp., for the subdivision of
land over Part of Lot 42, Concession 1, (Geographic Township of Westminster),
City of London, County of Middlesex:
a) the
attached Special Provisions, to be contained in a Subdivision
Agreement between The Corporation of the City of London and Highland Ridge
Land Corp., for the Highland Ridge Subdivision (39T-07503), BE APPROVED;
b) the
Mayor and the City Clerk BE AUTHORIZED to execute this Agreement, any
amending agreements and all documents required to fulfill its conditions
c) the
financing for the project BE APPROVED in accordance with the “Sources of
Financing Report” and the “Estimated Claims and Revenues Report” provided as
Appendices “A” and “B”, respectively, to the associated staff report, dated
October 15, 2012;
it being noted that the Civic
Administration will meet with the applicant to continue to try to resolve the
outstanding issues;
it
being further noted that the Planning and Environment Committee heard a
verbal presentation from C. Linton, Norquay Developments, with respect to
this matter. (2012-D26-03)
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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 1841577 Ontario Inc., relating to the
properties located at 8 Fairview Court and 770 Whetter Avenue:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 30, 2012, to amend the Official Plan to change
the designation of the subject lands FROM a Low Density Residential
designation TO a Multi Family Medium Density Residential designation, to
permit apartment buildings with a maximum density of 75 units per hectare;
b) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 30, 2012, 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 Residential R2 (R2-2) Zone and a
Residential R1 Special Provision /Residential R2 Special Provision (R1-1
(4)/R2-1 (7)) Zone, which permits single, semi, duplex and converted dwelling
maximum two units with a 15m setback from the CN railway right-of-way TO a
Holding Residential R9 Special Provision (h*h-5*h-18*h-65*R9-1 (_)*H15) Zone,
which permits apartment buildings with a maximum height of 15m, density of 75
units/ha, a minimum setback of 15m from the CN railway right-of-way, a 0.0m
sight triangle setback from the point of intersection of the centre line of
both the railway and the road, subject to holding provisions to ensure
adequate provision of municipal servicing, noise and vibration mitigation
measures, archaeological evaluation be completed and a development agreement,
be entered into with the City, to the satisfaction of the Municipal Council
and to ensure that urban design matters are addressed following public site
plan review;
c) a
public participation meeting of the Planning and Environment Committee BE
HELD for consideration of the site plan required for this
development prior to the removal of the "h-5" symbol;
d) the site plan approval authority BE REQUESTED to consider
the following items through the site plan approval process:
· provide landscaping which:
· provides for the preservation of the existing mature vegetation
along westerly and northerly property line for the purpose of providing a
privacy buffer to abutting properties;
· enhances
street based landscaping along existing easterly berming;
· defines the pedestrian realm, highlights the street edge and
provides a prominent pedestrian entrance off of Westminster Avenue;
· includes
plant/tree species and landscaping techniques tolerant of minimal watering; and,
· preserves
the heritage tree currently existing on the property;
· provide
a building which:
· clearly expresses a base, middle, and top (roof) on all
elevations, predominantly using masonry materials;
· uses variations in massing, materials, scaling and architectural
features to identify the east façade and entrance as the front of the
building and the south façade and entrance as a service egress;
· location
of 47 underground parking spaces;
· location
of the garbage storage be located within the building;
· all lighting be oriented and its intensity controlled so as to
prevent glare on adjacent residential properties and roadways;
· addresses
drainage issues on the property;
e) a development agreement BE ENTERED into with the City of
London prior to the removal of the "h" symbol;
f) the proponent BE DIRECTED to carry out an archaeological
resource assessment of the subject site and mitigate, through avoidance or
documentation, adverse impacts to any significant archaeological resources
found, to the satisfaction of the Ministry of Citizenship, Culture and
Recreation, and the City of London, to ensure that lands are assessed for the
presence of archaeological resources prior to development, prior to the
removal of the h-18 symbol; it being noted that no grading or other soil
disturbance shall take place on the subject property prior to the issuance of
a letter of clearance by the City of London Planning Division; and,
g) the owner BE DIRECTED to implement all noise and
vibration attenuation measures, recommended in noise and vibration assessment
reports, acceptable to the City of London, to ensure there are no land use
conflicts between the adjacent arterial roads and/or rail line and the proposed
residential uses, prior to the removal of the "h-65" symbol;
it
being noted that the Planning and Environment Committee reviewed and received
a communication, dated October 14, 2012, from J. Csoborko, by e-mail, 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:
· Mike Pease, IBI Group and Jerry Knoester, proponent, on behalf
of the applicant – see attached presentation.
·
Brian Smith, 20 Fairview Court – advising that he has lived in
his house for five years; advising that every year, the land fills with water;
advising that, when he purchased his property, he was informed that Labatt
owned the subject property and that it was to remain a green area; indicating
that every year, there is a pair of deers who have fawns on the property;
advising that the building will start being constructed at 6 or 7 a.m. and
work will continue until 8:00 p.m.; advising that he has young children; and
enquiring as to how many people would like this in their backyard when they
were expecting it to remain green space.
·
Heather Picton, 16 Fairview Court – advising that there is a 15
meter buffer zone between the subject property and the properties on Fairview
Avenue, while the residents on Fairview Court are stuck with a 6 meter
buffer; and indicating that they get stuck with the parking garage and the
lights for the parking garage.
·
Alex Pieterson, 793 Fleet Street – advising that the pictures of
the streetscape are great, but there is no context to the size of the
buildings; advising that the proposed 2½ storey apartment building is twice
the building height of the other residences in the neighbourhood; advising
that this is going to be a 5 storey building and will dominate the area;
expressing concern with the size of the proposed building; requesting that
something more in context with the neighbourhood be built instead; indicating
that, at the backyard of the building, the houses are 1½ storeys in height;
advising that this will create a big impact; advising that the land slopes
northward; advising that the largest structure in the area is the church
spire; advising that traffic is gridlocked at 4:30 p.m.; noting that he can
sit at the stop sign for 5 to 15 minutes; advising that the developer
mentioned that people would walk to the hospital; however, people will be
using their cars; indicating that this project might be better to be built in
SoHo; and enquiring if there can be a land swap.
·
Gary House, 107 Alexandra Street – enquiring as to what
guarantees they have that there will not be an increase in water in their
basements; and advising that, with the volume of traffic, there is the need
for a crossing guard in order to cross Adelaide Street.
·
Jessica Csoborko, 130 Fairview Avenue – advising that she works
at the hospital and walks to work; advising that it is very busy at the
crosswalk; indicating that no one stops at the stop signs; indicating that
her driveway is at the side of her property and she can’t get out of her
driveway now; and indicating that, with the extra units, no one will be able
to get out of their driveways.
·
Jeff Briggs, 124 Fairview Avenue – advising that he is almost 90
years old; indicating that the project will never be what the developers say
it will be; indicating that people are not going to pay $1,000/ month rent
when there are heavy trains running beside their property; indicating that
Westminster Avenue is not Wellington Road, but it is getting close to it;
indicating that the developer mentioned renting to hospital interns; noting
that interns are only at the hospital for a few months; advising that people
of high intelligence don’t pay other people for a roof over their head;
asking if the City will provide guarantees that everything the developer says
he will do will be done; and advising that the developer did not speak to him
or any of his neighbours about the proposed development.
·
James, 116 Fairview Avenue – expressing concerns relating to
lighting and noise pollution, the volume of traffic and the loss of trees and
wildlife on the property; and asking for guarantees that the developer will
build what they say they will build.
·
24 Fairview Court – advising that Labatt gave the City the
property for $1.00 to remain as parkland; advising that there is a tree on
the property as old as Confederation; advising that his mother has lived on
her property for 60 years; and advising that the proposal will decrease her
property values.
·
Carol Anne Séguin, 4 Fairview Court – expressing concern with
the property line between the subject property and her property; advising
that she has maintained the property with the assistance of a neighbor;
indicating that the potential easement could be a threat to the 250-300 year
old oak tree on the subject property; noting that she has applied to have the
250-300 year old oak tree designated a “heritage” tree; advising that she circulated
approximately 250 flyers to inform her neighbours of the proposal; enquiring
as to why they were not informed of the development proposals; indicating
that, from the delivery of the flyers, she has had people call her from as
far away as Bond Street; indicating that her phone is ringing off the hook;
indicating that people should know what the elected officials are doing; and,
she would like to know that the Councillors and the Mayor stand for the
people and the environment. (Secretary’s Note: A petition
signed by approximately 78 individuals is on file in the City Clerk’s Office).
·
Robert Séguin, 4 Fairview Court – indicating that he measured
the old growth trees in the area; noting that there is a tree over 150 years
old; hoping for a positive outcome on an easement for his property or he will
lose his driveway; advising that there is a historic creek on the property
that runs almost beside the former Angelo’s property; indicating that no one
has dealt with the water table issues; advising that with the inclusion of an
underground parking garage, people are going to have more water in their
basements; indicating that sand has been dumped on the lands for about 30 to
60 days and the sand is wet from the creek running through the property; and
advising that the shadow mapping is insufficient and that 10 properties won’t
have sun until 8:30 a.m.
·
Joyce Zimmer, 118 Fairview Avenue - enquiring where the children
are going to play. (2012-D11-06)
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That, the Civic Administration BE ASKED to
prepare a report addressing questions presented at the public participation
meeting, at a special meeting of the Planning and Environment Committee to be
held on Wednesday, October 24, 2012 at 1:00 p.m.;
it
being noted that the Planning and Environment Committee reviewed and received
the following communications:
·
a communication, dated October 9, 2012, from J. MacDonald,
Executive Director, Downtown London, R.T. Usher, Board Chair, London Downtown
Business Association and J. Adams, Board Chair, MainStreet London;
·
a communication, dated October 12, 2012, from D. Young, Senior
Planner and J. Paul, Managing Principal, Stantec Consulting Ltd.;
·
a communication from E. Saulesleja, GSP Group Inc.;
·
a communication, dated October 11, 2012, from E. Bustard, 6654
Beattie Street;
·
a communication from A. Soufan, President, York Developments;
·
communications, dated October 12, 2012, from C. Wiebe, MHBC
Planning, Urban Design & Landscape Architecture;
·
a communication, dated October 14, 2012, from S. Stapleton,
Vice-President, Auburn Developments;
·
a communication from T. Boyes, 6931 James Street;
·
a communication, dated October 12, from R.-L. Gillis,
Shaver-Brockley Coalition;
·
a communication, dated October 15, 2012, from J. Kennedy, London
Development Institute;
·
a communication, dated October 12, 2012, from K. Patpatia,
Flexion Properties Inc., 1787996 Ontario Inc. and J. Manocha;
·
a communication, dated October 15, 2012, from J. Chisholm,
President, New Urban Retail Inc.; and,
·
a communication from T. Brown, West Talbot Landowners
Association;
it
being pointed out that at the public participation meeting associated with
this matter, the following individuals made oral submissions in connection
therewith:
·
Jeanette MacDonald, Downtown London – advising that the City’s
investment in the Downtown area is paying off; advising that there are now
43,000 residents living in the Downtown; noting that this represents 9% of
property taxes; indicating that they are not opposing the SWAP; requesting
that the office space be protected; noting that this Plan allows 200,000
square feet; and advising that any more office space availability will impact
the Downtown.
·
C. Friar, Lambeth – requesting that natural heritage areas be
protected; indicating that they have had requests to increase their density
and have been asked to remove their woodlot; and indicating that the volume
of traffic will increase.
·
Jeff, 1787996 Ontario Inc., 3405 Dingman Drive, 3226 and 3356
Westminster Drive – indicating that he likes the SWAP; expressing
appreciation to the Civic Administration for their efforts with respect to
this Plan; indicating that, historically, everything has been built along the
Highway 401 corridor; advising that their properties have been downsized from
M-1 and M-2 Zones; advising that he has some Open Space zoning on his
properties and enquiring why the Open Space zone is being applied as he has
never seen anyone on his properties; and advising that the land is vital to
future growth.
·
Gina Brummit, on behalf of Farhi Holdings Corporation – advising
that the 200,000 square feet of office space being permitted in the Plan is a
huge concern to the Downtown; asking that the Plan be postponed until
revitalization is realized; advising that Mr. S. Farhi, Farhi Holdings Corporation,
owns land in the SWAP and he would like to develop the land in the shorter
term, not wait for 20 years; and advising that when Mr. Farhi approached
staff about his plans, he was advised to wait until next year when ReThink
London is completed.
·
Tim Brown, on behalf of the West Talbot Landowners – reiterating
his comments from his submission on the Added Agenda.
·
David Gillis, 2753 Dingman Drive, on behalf of the
Shaver-Brockley Coalition – advising that the residents in the
Shaver-Brockley area have strong feelings on the use of the Light Industrial
Zone; advising that Roma-Lynn Gillis submitted a communication to the
Planning and Environment Committee Added Agenda, item 20 i); requesting that
a South Central Area Study be conducted before any other Light Industrial
Zoning be undertaken; and indicating that they are looking for compassion.
·
Allan Tipping, 2809 Dingman Drive – advising that he owns three
acres of land; indicating that an Industrial Zone is recommended beside his
property; advising that this will landlock his property; indicating that no
one is going to want to live there; advising that his property was originally
located in the Urban Growth Boundary (UGB), but with the stroke of a pen, his
property is outside the UGB; indicating that the SWAP area is too large;
advising that Brockley-Shaver has been in an urban stalemate for years;
enquiring as to where the hotels and casinos are going to be built;
requesting that the Industrial Zone be moved outside of the City; indicating
that there will be odour issues all over the City; indicating that the Area
Plan is too premature; noting that the proposed new overpass may change the
City; advising that their hamlet has a public school and high school;
advising that there is a creek in the area that needs to be protected; and
advising that the people living near Lambeth are going to get the run-off.
·
Gary Brown, 35A – 59 Ridout Street – requesting that nature be
left for everyone to enjoy; advising that water and wastewater must be pumped
further; suggesting that the land be used more efficiently; advising that the
zero percent tax increase puts the burden onto the next Municipal Council;
indicating that he has been to several ReThink London events;
indicating that London should be a city of people for people; indicating that
spreading out London is unnecessary; and advising that Peter Mansbridge
indicated that you should not ask for people’s comments and then ignore them.
·
Geoffrey Faul, on behalf of the Lambeth Community Association –
see attached communication.
·
James Street – advising that “vision” and “imagination” are
great words; advising that there is disconnect between the Plan and the
execution of the Plan; and requesting a balanced approach for the area.
·
151 Pine Valley Boulevard – advising that the cloverleaf at
Wonderland and Highway 402 is an improvement; encouraging the Planning
Division to straighten the boundary line to include the cloverleaf; and
noting that all other boundaries are straight.
·
Jim Kennedy, President, London Development Institute, on behalf
of the London Chamber of Commerce, the London Development Institute and the
Urban League of London – indicating that they did not receive the information
until late last week; and asking for more time to review the Plan.
·
Carol Wiebe, MHBC Planning – advising that she has several
communications on the Added Agenda; advising that the property located on the
southeast corner of Southdale Road and Bostwick Road is 50 acres, zoned
medium density residential; requesting that the property be zoned higher
density residential; indicating that on the other side of Wonderland Road
corridor, no new high density sites are proposed; indicating that there is a
shortfall of high density zoning; recommending a combination of medium and
high density; and requesting this property be rezoned to high density;
advising that the second parcel consists of 13 acres adjacent to the hydro
corridor; noting that it is the former Wally World site; advising that this
property has been purchased by the Muslim Association of Canada and advising
that they would like to build a mosque and residences on the property;
advising that they are asking the property be zoned high density residential;
and indicating that this is a narrow strip of land.
·
Jim Harbell, Lawyer, York Developments – advising that York
Developments owns property west of Wonderland Road, north of Wharncliffe
Road; commending the Civic Administration for this complicated enterprise;
advising that he has four specific points he would like to raise; indicating
that his client has filed a complete application that he hopes will be before
the Committee shortly; expressing concern on the numerical limit on the
retail; requesting that there not be a number at all; advising that using
twenty-five percent of building form and 75 percent of lands for parking
creates debate; advising that, with the Wonderland Road reconstruction, there
is a 57 metre wide approach to the arterial gateway; requesting that the
numbers be taken out and the vision put in; advising that the number of lanes
required is acceptable; advising that numbers belong in the implementation
plan; advising that, with respect to the shadow road network, it is
appropriate 20 to 30 years from now; advising that it looks like it is
required; advising that lenders will have financial difficulties;
recommending that the vision be put in place; advising that, with respect to
the 30 metre development buffers on either side of natural features, the
scientific approach be used; and advising that York Developments and MHBC Planning
have submitted letters with respect to this matter; and advising that he is
not suggesting a delay of the Plan.
·
Dan Young, Stantec Consulting, on behalf of Z Group and the
Aarts family – advising that the Z Group owns 80 acres in the proposed Plan;
indicating that they are satisfied, for the most part; expressing concern
with the medium density designation on Wharncliffe Road; advising that the
Aarts family owns property located at 17 and 31 Exeter Road; noting that
there are a mix of uses on this site; expressing disappointment with the low
density designation; advising that his clients were hoping for a mixed
use; advising that his clients wanted to create a small business park, with a
24 hour population basis and an auto oriented commercial zone in the south
end of the property; and requesting that the property be rezoned high density
residential.
·
Sergio Pompilii, Sergio E. Pompilii & Associates - see attached
presentation.
·
Steven Zakem, on behalf of Sifton Properties Limited – advising
that Elizabeth Housen-McCauly was the principal author of the Wellington Road
corridor study when she worked for the City; advising that the Planners today
are doing what the previous Planners did; expressing concern that the
implementation has not gone far enough; and enquiring as to what plan will
result in what you see on Wellington Road.
·
Bob Stratford, on behalf of Sifton Properties Limited – advising
that it will cost $90 million to service the Wonderland Road corridor;
indicating that the full build out is intended to recover the costs;
indicating that he looked at the revenue generation; noting that in one zone,
the revenues are $19 million; advising that the commercial uptake is part of
the 15 year plan; noting that the City will be carrying large debt burdens
for a long time; indicating that he cannot see where the development revenue
comes from to pay for the costs; enquiring as to whether or not this could
stifle growth elsewhere; advising that there are no soft costs; noting that
he is not sure whether or not the costs will offset the balance; advising
that there will be $1.2 million in sanitary costs; requesting that further
analysis of the costs be done; requesting that the Plan be sent back;
advising that this new version is a fundamental departure from earlier
versions; indicating that the Plan was only released six days ago; advising
that this will not result in a stunning approach to the City; advising that
there is additional pressure for commercial lands; advising that this is a
new approach, not a refinement of the previous approach; indicating that the
Official Plan is a legal document; and requesting that the Plan be referred
to the Civic Administration for full costs and a proposed phasing plan.
·
Michael Hughes, New Urban Retail – see attached
presentation.
·
David Wood, on behalf of Green Hills and Smart!Centres – see attached
presentation.
·
Jeff Thomas, Development Engineering – advising that he has
prepared detailed drawings and prepared estimated servicing costs; noting
that the stormwater management facility is on their lands; and requesting
that the City install the ultimate servicing from Dingman Drive to Wonderland
Road.
·
Laverne Kirkness, Kirkness Consulting on behalf of the Johnstone
family – see attached communication.
·
Richard Zelinka, Zelinka Priamo Ltd. – advising that he was
unable to receive solid direction from his clients as the Plan was released a
few days before this meeting; reiterating comments from the Auburn
Developments communication on the Added Agenda relating to this matter; requesting
that the validity of the SWAP be tested during a five year process; advising
that the policies created for the southwest area should be tested city-wide;
advising that the urban design policies are very prescriptive, and are far
from allowing for distinctive character; advising that the policies should be
placed into guidelines and not be as prescriptive; advising that their
previous comments have not been incorporated into this version of the SWAP;
indicating that there will be a further submission on behalf of his
clients. (2012-D11-09/2)
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21.
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Stanton Drain
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Motion made by Councillor B. Polhill to
Approve that, on the recommendation of the Managing Director Environmental
and Engineering Services and City Engineer, the Civic Administration BE DIRECTED
to undertake the appropriate actions to engage a licensed trapper to relocate
the beavers in the Stanton Drain to Munsee-Delaware First Nation’s lands,
remove the beaver dam as it is creating flooding conditions, impacting the
safety of people and property within the Stanton Drain servicing area,
compromising the operation of water resources/SWM infrastructure and is
interfering with the construction of the Stanton Drain remediation works and
Hyde Park SWM Facility #4:
it
being noted that the Planning and Environment Committee reviewed and received
the following communications:
·
a communication, dated October 4, 2012, from F. Morrison and
A.M. Valastro, by e-mail;
·
a communication, dated October 14, 2012, from A. Papmehl, by
e-mail;
·
a communication, dated October 14, 2012, from W. Lyons, 36 –
1511 Aldersbrook Road; and,
·
a communication from V. Van Linden, 431 Ridgewood Crescent;
it
being pointed out that the Planning and Environment Committee heard verbal
presentations from the following:
· A.M. Valastro;
· F.
Morrison;
· P.
Harris, on behalf of D. Harris;
· J.
Larivee;
· S.
Rans, Vice-Chair, Animal Welfare Advisory Committee;
· V. Van
Linden; and,
· L.
White and B. MacKay – see attached presentation.
(2012-W05-00)
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Motion made by Councillor B. Polhill and
seconded by Councillor N. Branscombe to Amend clause 21 to add the following
wording, “to the Aspen Valley Wildlife Sanctuary for the winter months, then
subsequently move them” after the words “Stanton Drain” in the third line.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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The
motion to adopt clause 21, as amended is put.
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
Clause
21, as amended, reads as follows:
That, on the recommendation of the Managing
Director Environmental and Engineering Services and City Engineer, the Civic
Administration BE DIRECTED to undertake the appropriate actions to
engage a licensed trapper to relocate the beavers in the Stanton Drain to the
Aspen Valley Wildlife Sanctuary for the winter months, then subsequently move
them to the Munsee-Delaware First Nation’s lands in the Spring, and
remove the beaver dam as it is creating flooding conditions, impacting the
safety of people and property within the Stanton Drain servicing area,
compromising the operation of water resources/SWM infrastructure and is
interfering with the construction of the Stanton Drain remediation works and
Hyde Park SWM Facility #4:
it being
noted that the Planning and Environment Committee reviewed and received the
following communications:
·
a communication, dated October 4, 2012, from F. Morrison and A.M.
Valastro, by e-mail;
·
a communication, dated October 14, 2012, from A. Papmehl, by
e-mail;
·
a communication, dated October 14, 2012, from W. Lyons, 36 – 1511
Aldersbrook Road; and,
·
a communication from V. Van Linden, 431 Ridgewood Crescent;
it being
pointed out that the Planning and Environment Committee heard verbal
presentations from the following:
· A.M.
Valastro;
· F.
Morrison;
· P.
Harris, on behalf of D. Harris;
· J.
Larivee;
· S. Rans,
Vice-Chair, Animal Welfare Advisory Committee;
· V. Van
Linden; and,
· L. White
and B. MacKay – see attached presentation. (2012-W05-00)
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Motion made by Councillor B. Polhill 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
2138836 Ontario Limited, relating to the property located at 1476 Aldersbrook
Road:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on October 30, 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 R5 (R5-4) Zone, which permits cluster townhouse
dwellings and cluster stacked townhouse dwellings TO a Convenience Commercial
Special Provision (CC6( )) Zone, to permit medical/dental offices, clinics,
offices, laboratories, pharmacies, financial institutions, personal service
establishment, restaurants – take-out and restaurants – eat-in; and,
b) the
Site Plan Approval Authority BE REQUESTED to consider the following design issues
through the site plan process:
i) address
this street-corner site, through measures such as siting the building close
to the corner, varying the building massing/height at the corner, adding a
corner entrance and/or providing overhead extensions off the building;
ii) ensure
building street frontages adequately offer a face to the street through the
ample use of windows and doors, and a balanced proportion of transparent and
non-transparent materials;
iii)
optimize pedestrian and transit access to the site by ensuring direct
pedestrian connections between building entrances and the public sidewalks
along Gainsborough Road and Aldersbrook Road;
iv) balance
the commercial expression of the building to separately define and
distinguish the various tenants within the building, and its compatibility
with the adjacent residential properties, using measures such as
architectural proportioning and incorporating materials such as brick or
stone;
v) use
landscaping features and paving materials to reinforce the vehicular entrance
to the site and mitigate the environmental performance of the parking lot;
and,
vi) ensure
the positioning of exterior lighting and illumination levels and site
landscaping minimize impacts on adjacent residential properties;
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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Motion made by Councillor B. Polhill and
seconded by Councillor S.E. White to Amend part b), by adding an additional part
vii) as follows: “restrict access to a left-in from Gainsborough Road (in
addition to the right-in/right-out) and a left-out onto Aldersbrook Road (in
addition to the right-in/right-out) using raised concrete medians and
following the City Access Management Guidelines”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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The
motion to adopt clause 16, as amended, is put.
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan, S.
Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen,
D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
Clause
16, as amended reads as follows:
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of 2138836 Ontario Limited, relating to the property
located at 1476 Aldersbrook Road:
a) the
attached proposed by-law BE INTRODUCED at the Municipal Council meeting
to be held on October 30, 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 R5 (R5-4) Zone, which permits cluster townhouse dwellings and
cluster stacked townhouse dwellings TO a Convenience Commercial Special
Provision (CC6( )) Zone, to permit medical/dental offices, clinics, offices,
laboratories, pharmacies, financial institutions, personal service
establishment, restaurants – take-out and restaurants – eat-in; and,
b) the
Site Plan Approval Authority BE REQUESTED to consider the following design
issues through the site plan process:
i) address
this street-corner site, through measures such as siting the building close to
the corner, varying the building massing/height at the corner, adding a corner
entrance and/or providing overhead extensions off the building;
ii) ensure
building street frontages adequately offer a face to the street through the
ample use of windows and doors, and a balanced proportion of transparent and
non-transparent materials;
iii)
optimize pedestrian and transit access to the site by ensuring direct
pedestrian connections between building entrances and the public sidewalks
along Gainsborough Road and Aldersbrook Road;
iv) balance
the commercial expression of the building to separately define and distinguish
the various tenants within the building, and its compatibility with the
adjacent residential properties, using measures such as architectural
proportioning and incorporating materials such as brick or stone;
v) use
landscaping features and paving materials to reinforce the vehicular entrance
to the site and mitigate the environmental performance of the parking lot; and,
vi) ensure
the positioning of exterior lighting and illumination levels and site
landscaping minimize impacts on adjacent residential properties;
vii) restrict
access to a left-in from Gainsborough Road (in addition to the
right-in/right-out) and a left-out onto Aldersbrook Road (in addition to the
right-in/right-out) using raised concrete medians and following the City Access
Management Guidelines.
it being pointed out that there were no oral submissions made at
the public participation meeting associated with this matter. (2012-D11-05)
At 8:13 PM, Councillor J.B. Swan leaves the
meeting.
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Motion made by Councillor B. Polhill to
Approve that the following actions be taken with respect to the property
located at 199 Queens Avenue:
a) pursuant
to section 13.8 of the Council Procedure By-law, the actions of the Municipal
Council taken at its meeting held on October 9, 2012, with respect to clause
23 of the 23rd Report of the Planning and Environment Committee, related to
the request of Mr. S. Farhi, Farhi Holdings Corporation, relating to the
proposed demolition of the priority 2 listed property located at 199 Queens
Avenue, BE RECONSIDERED;
b) the
said Clause 23 of the 23rd Report of the Planning and Environment Committee
from its meeting held on September 24, 2012 BE RESCINDED; and,
c) the
Chief Building Official BE DIRECTED to grant S. Farhi, Farhi Holdings
Corporation, a demolition permit for the building located at 199 Queens
Avenue;
it being noted that Mr. S. Farhi offered to
provide $25,000 to assist in the costs of the possible relocation of the
heritage structure;
it being further noted that the Municipal
Council has a policy that does not support the demolition of heritage
properties for the installation of temporary surface parking lots;
it
being further noted that the Planning and Environment Committee reviewed and
received a communication, dated October 12, 2012, from A.R. Patton, Patton
Cormier & Associates, with respect to this matter;
it
being pointed out that the Planning and Environment Committee heard verbal
presentations from E. Cormier, on behalf of A.R. Patton, Patton Cormier
& Associates and M. Manuel and B. Mortimer, London Music Hall, with
respect to this matter. (2012-D10-00)
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Motion
made by Councillor B. Polhill and seconded by Councillor S. Orser to Amend Clause
8 by adding a new part d) as follows:
“d) the applicant BE ADVISED that a private
party has expressed an interest with respect to the applicant’s offer to
provide $25,000 to assist in the costs of the possible relocation of the
heritage structure.”
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, N.
Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (10)
NAYS: S. Orser (1)
RECUSED: P. Hubert (1)
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Motion made by Councillor J.P. Bryant and
seconded by Councillor N. Branscombe to Approve referral of consideration of
clause 8 to a future meeting of the Planning and Environment Committee.
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Motion Failed
YEAS: N. Branscombe, J.P. Bryant (2)
NAYS: J.F. Fontana, B. Polhill, S. Orser,
M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White
(9)
RECUSED: P. Hubert (1)
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Motion
made by Councillor B. Polhill and seconded by Councillor S.E. White to
Approve clause 8, as amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, S. Orser,
N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L.
Usher, J.P. Bryant, S.E. White (11)
RECUSED: P. Hubert (1)
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Councillor
J.B. Swan returns to the meeting.
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Motion made by Councillor S.E. White to
Approve that the following actions be taken with respect to the 1st Report of
the Environmental and Ecological Planning Advisory Committee (EEPAC), from
its meeting held on September 20, 2012:
a) the
Civic Administration BE REQUESTED to inform and engage the EEPAC with respect
to the compensation design plan at the Hyde Park SWM Facility 5;
b) the
new compensation design plan, noted in a), above, BE DESIGNED to replicate
the habitat being lost in Hyde Park SWM Facility 4;
it being noted that the EEPAC reviewed and
received the following with respect to this matter:
• a
communication dated October 24, 2011, from B. Haklander, Environmental Services
Engineer;
• a
communication dated October 19, 2011 from the EEPAC Working Group; and,
• a
communication dated August 24, 2012, from S. Rans, Chair, Wildlife
Sub-committee, Animal Welfare Advisory Committee;
c) the
Civic Administration BE ASKED to provide an update to the EEPAC related to
the restoration plans for the Kains Woods area;
d) the
Civic Administration BE REQUESTED to provide a copy of the completed
application related to this matter to the EEPAC for its October meeting; and,
e) that
clauses 3 through 23, inclusive, of the 1st Report of the EEPAC, BE RECEIVED
AND NOTED;
it
being noted that the Planning and Environment Committee heard a verbal
presentation from D. Sheppard, Chair, EEPAC, with respect to these matters.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion made by Councillor B. Polhill to
Approve clause 1.
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That it BE NOTED that no pecuniary
interests were disclosed.
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Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
His Worship the Mayor rules that
reconsideration is not required by the Municipal Council, with respect to
Clause 2 of the 27th Report of the Planning and Environment Committee.
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Councillor P. Hubert appeals the decision
of the Chair. The City Clerk put the quest “shall the ruling of the Chair be
sustained?
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Motion Passed to sustain the ruling Chair.
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)
NAYS: N. Branscombe, M. Brown, P. Hubert,
H.L. Usher, J.P. Bryant (5)
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Motion made by Councillor B. Polhill to
Approve that further to the direction of Municipal Council at its meeting held
on June 25, 2012, with respect to the application by the City of London for an
Official Plan Amendment to change the existing land uses designations and to
adopt a Secondary Plan for the area generally bounded by Southdale Road West,
White Oak Road, Exeter Road, Wellington Road South, Green Valley Road, and the
Urban Growth Boundary, the following actions be taken:
a) the
attached, revised, proposed by-law BE INTRODUCED at the
Municipal Council meeting on October 30, 2012 to:
i) amend Chapter 20-Secondary
Plans, BY ADDING “Southwest Area Secondary Plan” to the list of
Secondary Plans adopted by the Municipal Council in Section 20.2 of the
Official Plan for the City of London;
ii) amend Chapter 20-Secondary
Plans, BY ADDING Section 20.5-Southwest Area Secondary Plan to the
Official Plan for the City of London;
iii) amend Chapter 4-Commercial BY
ADDING a new land use designation “Wonderland Road Community Enterprise
Corridor” to be applied along the Wonderland Road corridor between Southdale
Road West and Hamlyn Street to permit a broad range of commercial, residential,
office and institutional uses; subject to servicing and financing plans being
provided to support development to ensure that it is economically viable;
iv) change the land use
designation of the subject lands within the Southwest Area Planning Area on
Schedule “A”- Land Use of the Official Plan FROM “Urban Reserve-
Community Growth”, “Urban Reserve- Industrial Growth”, “Environmental Review”,
“Agriculture”, “Low Density Residential”, “Multi-family, Medium Density
Residential”, “Auto-oriented Commercial Corridor”, “Light Industrial”, and
“Open Space” TO “Urban Reserve- Community Growth”, “Urban Reserve-
Industrial Growth”, “Environmental Review”, “Low Density Residential”, “Multi-family,
Medium Density Residential”, “Multi-family, High Density Residential”,
“Community Facility”, “Auto-oriented Commercial Corridor”, “Main Street
Commercial Corridor”, “Neighbourhood Commercial Node”, “Community Commercial
Node,” “New Format Regional Commercial Node”, “Office Area”, “Light
Industrial”, “Community Facility”, “Open Space”, “Rural Settlement” and
“Wonderland Road Community Enterprise Corridor”;
v) change to the southerly and
easterly limits of the Urban Growth Boundary in the vicinity of the Brockley
Area on Schedule “A”-Land Use of the Official Plan to remove a portion of the
lands in the “Urban Reserve – Industrial Growth” designation, generally located
north and south of Dingman Drive, and west of easterly limit of the Urban Growth
Boundary;
vi) change Schedule “B-1”-Natural
Heritage Features of the Official Plan by adding “Environmentally Significant
Area (ESA)”, “Potential ESAs”, “Significant Woodlands”, “Woodlands”,
“Unevaluated Vegetation Patches”, “Significant Corridors”, “Locally Significant
Wetlands”, and “Potential Naturalization Areas”;
vii) change Schedule
“C”-Transportation Corridors of the Official Plan by adding Primary Collector
Roads, and Secondary Collector Roads; and,
viii) change Schedule “D”- Planning
Areas of the Official Plan to add the naming and delineation of the Southwest
Area Secondary Plan;
ix) the property located
at 457 Southdale Road West, the property located at 3080 Bostwick Road and the
properties located at 491 and 499 Southdale Road West be designated
“Multi-Family, High Density Residential”;
it being
noted that any changes to Schedule “B-1” Natural Heritage features will be
subject to the completion of an Environmental Impact Study (EIS) to the
satisfaction of the City; it being further noted that the Secondary Plan will
be amended to remove reference to the 57 metre road width along Wonderland Road
South, noting that the road grid in the Secondary Plan is conceptual;
b)
the proposed Official Plan Amendment to delete references to the
Southside Pollution Control Plant and interim servicing policies, (File
O-7971), BE CIRCULATED for public review and comment in advance of a
public participation meeting to be scheduled at a future Planning and
Environment Committee meeting;
c) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal Council,
no further notice BE GIVEN in respect of the proposed by-law;
it being
noted that the Planning and Environment Committee reviewed and received the
following communications:
- a communication,
dated October 18, 2012, from L. Kirkness, Kirkness Consulting Inc.;
- a communication,
dated October 23, 2012, from J.W. Harbell, Stikeman Elliott;
- a communication,
dated October 23, 2012, from C. Wiebe, MHBC Planning;
- communications,
dated October 19 and October 22, 2012, from R. Zelinka, Zelinka Priamo
Ltd. (2012-D11-09/2)
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Motion made by Councillor D.G. Henderson
and seconded by Councillor S.E. White to Approve that part a) ii) of Clause 2
of the 27th Report of the Planning and Environment Committee be amended by
deleting the part in its entirety and replacing it with the following new
part a) ii):
“ii) amend
Chapter 20-Secondary Plans, BY ADDING the attached revised Section
20.5 – Southwest Area Secondary Plan to the Official Plan for the City of
London which reflects an amendment to section 20.5.6.3 iii) a) to delete the
part in its in entirety and replace it with the following new part:
20.5.6.3
iii) a) Development shall occur at a minimum density of 15 units per
hectare. A residential density exceeding 30 units per hectare may be
permitted through a site specific zoning by-law, site plan application, and
urban design review.
it being noted that the Lambeth area,
including the area on Wonderland Road South, west of the Hydro Corridor and
the area immediate north and adjacent to Lambeth Walk, will be designated Low
Density Residential, with a density of 15 to 30 units per hectare.”
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher,
J.P. Bryant, S.E. White (11)
NAYS: N. Branscombe, M. Brown (2)
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At 9:12 PM Mayor J.F. Fontana places
Councillor M. Brown in the Chair, and leaves the meeting.
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At
9:12 PM Councillor J.B. Swan leaves the meeting.
At
9:13 PM Councillor J.B. Swan enters the meeting.
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At 9:14 PM Mayor J. F. Fontana enters the
meeting and takes a seat at the Council Board.
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At 9:24 PM Councillor P. Van Meerbergen
leaves the meeting.
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At
9:33 PM Mayor J.F Fontana resumes the Chair, and Councillor M. Brown takes his
seat at the Council Board.
At
10:09 PM Councillor H.L. Usher leaves the meeting.
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Motion made by Councillor P. Hubert and
seconded by Councillor J.P. Bryant to Approve that clause 2 BE REFERRED back
to the Planning and Environment Committee in order for staff to bring forward
high level cost estimates for expanding the Enterprise Zone, timing and how
this will integrate with the GMIS and the Development Charges Study.
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Motion Failed
YEAS: N. Branscombe, M. Brown, P. Hubert,
D. Brown, J.P. Bryant (5)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, S.E. White (7)
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Pursuant to section 17.2 of the Council
Procedure By-law, Councillor P. Hubert calls for a separate vote on part a) iii)
of clause 2.
At
10:21 PM, Councillor H.L. Usher returns to the meeting.
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Motion made by Councillor B. Polhill and
seconded by Councillor S.E. White to Approve an amendment to part a) iii) of
clause 2, by adding the words, "subject Council approval".
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion made by Councillor M. Brown and
seconded by Councillor N. Branscombe to Approve an amendment to part a) ii)
by deleting the part in its entirety and by replacing it with the following
new part a) ii):
a) ii) amend Chapter
20-Secondary Plans, BY ADDING the attached revised section 20.5 –
Southwest Area Secondary Plan to the Official Plan for the City of London
which reflects an amendment to section 20.5.6.1 v) a) and 20.5.6.2 vi) a) to
delete the parts in their entirety and replace them with the following new
parts:
Amend
20.5.6. v) a) Commercial development for the entire Wonderland Road
Community Enterprise Corridor designation shall not exceed 100,000 m2 gross
floor area. For the purposes of this limit, this shall not include those
lands generally located north of the Bradley Avenue extension that are
currently developed or are approved/under construction as of October, 2012,
TO Commercial development for the entire Wonderland Road Community Enterprise
Corridor designation shall not exceed 50,000 m2 gross floor area. When 80%
or more of this floor area is constructed and occupied, Council may
re-evaluate this commercial cap, with the possibility of increasing it to a
total of 100,000 m2 gross floor area through an Official Plan amendment,
considering any impact that the development of these lands has had on
existing planned commercial nodes and corridors. For the purposes of this
limit, this shall not include those lands generally located north of the
Bradley Avenue extension that are currently developed or are approved/under
construction as of October, 2012.
Amend
20.5.6 vi)a) Office development for the entire Wonderland Road Community Enterprise
Corridor shall not exceed 20,000 square metres gross floor area. TO Office
development for the entire Wonderland Road Community Enterprise Corridor
shall not exceed 10,000 m2 gross floor area. When 80% or more of this floor
area is constructed and occupied, Council may re-evaluate this office cap,
with the possibility of increasing it to a total of 20,000 m2 gross floor
area through an Official Plan amendment, considering any impact that the
development of these lands has had on the Downtown office market and other
planned Office Area nodes.
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Motion Failed
YEAS: N. Branscombe, M. Brown, P. Hubert,
J.P. Bryant, S.E. White (5)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher (8)
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Motion made by Councillor B. Polhill and
seconded by Councillor J.B. Swan to Approve part a) iii) of clause 2.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, D.G. Henderson, P. Van Meerbergen, D.
Brown, H.L. Usher, S.E. White (11)
NAYS: P. Hubert, J.P. Bryant (2)
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Motion made by Councillor B. Polhill and
seconded by Councillor J.B. Swan to Approve the remainder of clause 2, as
amended.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher,
S.E. White (10)
NAYS: N. Branscombe, M. Brown, J.P. Bryant
(3)
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Clause
2, as amended reads as follows:
That, further
to the direction of Municipal Council at its meeting held on June 25, 2012,
with respect to the application by the City of London for an Official Plan
Amendment to change the existing land uses designations and to adopt a
Secondary Plan for the area generally bounded by Southdale Road West, White Oak
Road, Exeter Road, Wellington Road South, Green Valley Road, and the Urban
Growth Boundary, the following actions be taken:
a) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal
Council meeting on November 20, 2012 to:
i) amend Chapter 20-Secondary
Plans, BY ADDING “Southwest Area Secondary Plan” to the list of Secondary Plans
adopted by the Municipal Council in Section 20.2 of the Official Plan for the
City of London;
ii) amend Chapter
20-Secondary Plans, BY ADDING the attached revised Section 20.5 –
Southwest Area Secondary Plan to the Official Plan for the City of London which
reflects an amendment to section 20.5.6.3 iii) a) to delete the part in its in
entirety and replace it with the following new part:
20.5.6.3 iii) a) Development
shall occur at a minimum density of 15 units per hectare. A residential
density exceeding 30 units per hectare may be permitted through a site specific
zoning by-law, site plan application, and urban design review;
it being noted that
the Lambeth area, including the area on Wonderland Road South, west of the
Hydro Corridor and the area immediate north and adjacent to Lambeth Walk, will
be designated Low Density Residential, with a density of 15 to 30 units per
hectare.
iii) amend Chapter 4-Commercial BY
ADDING a new land use designation “Wonderland Road Community Enterprise
Corridor” to be applied along the Wonderland Road corridor between Southdale
Road West and Hamlyn Street to permit a broad range of commercial, residential,
office and institutional uses; subject to servicing and financing plans being
provided to support development to ensure that it is economically viable, subject Council
approval;
iv) change the land use
designation of the subject lands within the Southwest Area Planning Area on
Schedule “A”- Land Use of the Official Plan FROM “Urban Reserve-
Community Growth”, “Urban Reserve- Industrial Growth”, “Environmental Review”,
“Agriculture”, “Low Density Residential”, “Multi-family, Medium Density
Residential”, “Auto-oriented Commercial Corridor”, “Light Industrial”, and
“Open Space” TO “Urban Reserve- Community Growth”, “Urban Reserve- Industrial
Growth”, “Environmental Review”, “Low Density Residential”, “Multi-family,
Medium Density Residential”, “Multi-family, High Density Residential”,
“Community Facility”, “Auto-oriented Commercial Corridor”, “Main Street
Commercial Corridor”, “Neighbourhood Commercial Node”, “Community Commercial
Node,” “New Format Regional Commercial Node”, “Office Area”, “Light
Industrial”, “Community Facility”, “Open Space”, “Rural Settlement” and
“Wonderland Road Community Enterprise Corridor”;
v) change to the southerly and
easterly limits of the Urban Growth Boundary in the vicinity of the Brockley
Area on Schedule “A”-Land Use of the Official Plan to remove a portion of the
lands in the “Urban Reserve – Industrial Growth” designation, generally located
north and south of Dingman Drive, and west of easterly limit of the Urban
Growth Boundary;
vi) change Schedule “B-1”-Natural
Heritage Features of the Official Plan by adding “Environmentally Significant
Area (ESA)”, “Potential ESAs”, “Significant Woodlands”, “Woodlands”,
“Unevaluated Vegetation Patches”, “Significant Corridors”, “Locally Significant
Wetlands”, and “Potential Naturalization Areas”;
vii) change Schedule
“C”-Transportation Corridors of the Official Plan by adding Primary Collector
Roads, and Secondary Collector Roads; and,
viii) change Schedule “D”- Planning
Areas of the Official Plan to add the naming and delineation of the Southwest
Area Secondary Plan;
ix) the property located
at 457 Southdale Road West, the property located at 3080 Bostwick Road and the
properties located at 491 and 499 Southdale Road West be designated
“Multi-Family, High Density Residential;
it being
noted that any changes to Schedule “B-1” Natural Heritage features will be
subject to the completion of an Environmental Impact Study (EIS) to the
satisfaction of the City; it being further noted that the Secondary Plan will
be amended to remove reference to the 57 metre road width along Wonderland Road
South, noting that the road grid in the Secondary Plan is conceptual;
c)
the proposed Official Plan Amendment to delete references to the
Southside Pollution Control Plant and interim servicing policies, (File
O-7971), BE CIRCULATED for public review and comment in advance of a public
participation meeting to be scheduled at a future Planning and Environment
Committee meeting;
c) pursuant
to Section 34(17) of the Planning Act, as determined by the Municipal Council,
no further notice BE GIVEN in respect of the proposed by-law;
it being
noted that the Planning and Environment Committee reviewed and received the
following communications:
- a communication,
dated October 18, 2012, from L. Kirkness, Kirkness Consulting Inc.;
- a communication,
dated October 23, 2012, from J.W. Harbell, Stikeman Elliott;
- a communication,
dated October 23, 2012, from C. Wiebe, MHBC Planning;
- communications,
dated October 19 and October 22, 2012, from R. Zelinka, Zelinka Priamo
Ltd. (2012-D11-09/2)
Motion
made by Councillor B. Polhill to Approve clause 1.
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That it BE NOTED no pecuniary interests
were disclosed.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion made by Councillor S. Orser and
seconded by Councillor D. Brown to Approve that pursuant to section 2.4 of the
Council Procedure By-law, section 11.10 of the said by-law be suspended for the
purpose of permitting the meeting to proceed beyond 11:00 PM.
Motion
Passed
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Motion made by Councillor J.B. Swan to
Approve clauses 1 to 6.
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That it BE NOTED no pecuniary interests
were disclosed.
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That the 1st Report of the London Diversity
and Race Relations Advisory Committee from its meeting held on September 20,
2012, BE RECEIVED.
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That the following actions be taken with
respect to the South Street Campus Lands Redevelopment Process:
a) the
Municipal Council resolution adopted at its meeting held on October 9, 2012
with respect to South Street Campus Lands Redevelopment BE RECEIVED; and,
b) the
attached Source of Financing for the South Street Campus Redevelopment
Servicing Studies and Secondary Plan BE APPROVED;
it being noted that the Manager, Community
Planning & Urban Design provided a verbal update with respect to the
timelines for the completion of the related Secondary Plan, indicating that
it is anticipated that a report regarding this matter will be submitted to
the Planning and Environment Committee in March 2013.
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That the following actions be taken with
respect to the request for delegation regarding the catering services for the
Elsie Perrin Williams Estate:
a) the
Civic Administration BE REQUESTED to review the procurement and purchasing
requirements of Boards and Commissions that operate on City-owned land and
report back at a future Investment and Economic Prosperity Committee (IEPC)
meeting regarding this matter;
b) a
representative of the Elsie Perrin Williams Estate BE REQUESTED to appear
before the IEPC to provide information with respect to their procurement and
purchasing policy; and
c) the
Committee Secretary BE REQUESTED to make contact with Mr. Jerry deLange,
A&B Party & Tent Rental, in order to make arrangements for him to
appear as a delegation at the same IEPC meeting when the representative of
the Elsie Perrin Williams Estate will be in attendance.
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That the following actions be taken with
respect to the request for delegation status from Deb Harvey, Executive
Director, Grand Theatre:
a) the
Civic Administration BE DIRECTED to review the report of the Grand Theatre
providing an update of Grand Theatre activities and report back at a future
meeting of the Investment and Economic Prosperity Committee (IEPC) with
respect to this matter; and
b) the
Civic Administration BE REQUESTED to advise Deb Harvey, Executive Director,
Grand Theatre of the recommended reporting process with respect to this
matter and invite her to attend the IEPC meeting when the Civic
Administration’s report is submitted.
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That, on the recommendation of the Director
of Corporate Investments and Partnerships, the City Clerk BE AUTHORIZED to
give notice to Museum London that the Eldon House Service Agreement dated
December 22, 2010 between the City and Museum London for the operation of
Eldon House will be terminated effective December 31, 2012, noting that
operating responsibilities will be transferred to the Eldon House Corporation
January 1, 2013.
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Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
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Motion
made by Councillor D. Brown to Approve clauses 1 to 11.
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That it BE NOTED that Councillor P. Hubert
declared a pecuniary interest in clause 10 of this Report, having to do with
the development of a preventative anti-graffiti pilot project in the downtown,
by indicating that he is the Executive Director of a social service agency
that has an anti-graffiti business. Councillor P. Hubert further declared a
pecuniary interest in clause 11 having to do with banner signs, by indicating
that he is the Executive Director of a social service agency that leases
space from Farhi Holdings.
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That the following actions be taken with
respect to the 1st and 2nd Reports of the Town and Gown Committee from its
meetings held on June 27, 2012 and August 27, 2012, respectively:
a) the
Terms of Reference and the composition of the Town & Gown Committee (TGC)
BE AMENDED to include a non-voting resource member from the London Property
Management Association and the London St. Thomas Real Estate Board; it being
noted that the TGC will review the Western University Affiliated Colleges
Representative position;
b) the
Civic Administration BE REQUESTED to review the modifications to parking on
Waterloo Street and Epworth Avenue proposed in the attached
communication from D. Ennett, President, King’s University College Students’
Council; it being noted the Town and Gown Committee requested its Committee
Secretary to invite a representative from the London Transit Commission to a
future meeting of the TGC, with respect to this matter;
c) clauses
3 through 5 of the 1st Report of the Town and Gown Committee BE RECEIVED;
and,
d) the
2nd Report of the Town and Gown Committee BE RECEIVED.
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That the 1st Report of the Community Safety
& Crime Prevention Advisory Committee, from its meeting held on September
27, 2012, BE RECEIVED.
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That, on the recommendation of the Fire
Chief, with the concurrence of the Managing Director, Neighbourhood,
Children’s & Fire Services, the following actions be taken:
a) the
negotiated amount with Carl Thibault Fire Trucks Inc., 38 Thibault Street,
Pierreville, PQ., for the supply and delivery of one (1) 2,500 Imperial
Gallon Tanker at their proposed price of $358,826.00, HST extra, BE ACCEPTED
on a single source basis as per section 14.4 (d). of the Procurement of Goods
and Services Policy;
b) the
funding for this purchase BE APPROVED as set out in the Source of Finance
Report included as Appendix “A” to the associated staff report;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this purchase; and,
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or having a purchase order, or contract record relating to
the subject matter of this approval.
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That, on the recommendation of the City
Clerk, the attached proposed by-law BE INTRODUCED at the Municipal
Council meeting on October 30, 2012 to repeal and replace By-law No.
A.-5324-61 “A by-law to appoint fence-viewers and livestock and poultry
valuers for that area of the City of London annexed to the Municipality on
January 1, 1993 as described in the London-Middlesex Act, 1992”, and its
amendments, for consistency with the provisions of City of London By-law No.
PS-6 entitled “A by-law to provide for regulating and governing fences in the
City of London” and for compliance with the Protection of Livestock and
Poultry from Dogs Act, 1990.
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That the presentation from S. Pont, Neighbourhood
Watch London, with respect to “Empowering Neighbours for a Safer City” BE
RECEIVED.
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That the following actions be taken with
respect to the 1st, 2nd and 3rd Reports of the Animal Welfare Advisory
Committee (AWAC) from its meetings held on August 2, 2012, September 6, 2012
and October 4, 2012, respectively:
a) the
1st Report of the AWAC from its meeting held on August 2, 2012 BE RECEIVED;
b) the
Environmental and Ecological Planning Advisory Committee (EEPAC) BE REQUESTED
to work cooperatively with the AWAC Wildlife Sub-committee with respect to
potential recommendations concerning the review of the protection of the
Stanton Drain wetland and the delay of the proposed drainage works; it being
noted that :
i) Council
has previously passed resolutions with respect to beaver activity in the
vicinity of infrastructure;
ii) Fall
is not an optimal time to move beavers;
iii) EEPAC
has identified the area to be an ecological wetland; and,
iv) the
Ministry of Environment has identified the need for an updated Environmental
Assessment noting that the last assessment was completed 10 years ago;
c) that
part (a) of clause 2 and clause 3 of the 2nd Report of the AWAC BE NOTED; as
these clauses were amended and replaced by clauses of the 3rd Report of the
AWAC;
d) clauses
4 through 11 of the 2nd Report of the AWAC BE RECEIVED;
e) that the following actions be taken with respect
to clause 1 of the 3rd Report of the AWAC:
i) part a) BE REFERRED to the Civic
Administration to consider the proposed terminology change; it being noted
that part a) reads as follows: “The Corporation of the City of London BE
REQUESTED to discontinue the use of the term owner and alternatively use the
term owner/guardian in all references and in all documents referring to
people and their pets, with the intent to transition to discontinue the use
of the term owner/guardian and alternatively use the term guardian in all
references and in all documents referring to people and their pets”;
ii) the Mayor BE REQUESTED to write a
letter expressing concern with respect to the two seals, known as Larry and
Baby, that were born in London’s Storybook Gardens, and who were transferred
to Marineland, Niagara Falls, Ontario, in 2004 and to request these
seals be re-homed to other facilities; and,
iii) the Civic
Administration BE REQUESTED to prepare a timeline with respect to the
provision of grassed grazing areas for the domestic animals at Storybook
Gardens;
it
being noted that the AWAC heard a verbal update from J. Riddell, Manager,
Storybook Gardens with respect to the remaining captive domestic animals
housed at Storybook Gardens; it being further noted that the AWAC provided
the attached, additional information with respect to this
matter;
f) that
the following actions be taken with respect to the Wildlife Sub-Committee
report:
i) the committee
Agendas and Reports from the Environmental and Ecological Planning Advisory
Committee, Planning and Environment Committee and Public Safety Committee BE
PROVIDED to the AWAC, whem there are items related to wildlife;
ii) subject to f) i), above, the AWAC
Chair BE DIRECTED to seek delegation status at applicable meetings where
wildlife matters are reviewed, to ensure the involvement of the AWAC; and,
iii) the Chair BE
DIRECTED to send a letter of thanks to B. Salt, on behalf of the AWAC, in
recognition of his work related to the rescue of a deer from a construction
site in September;
it
being noted that the AWAC received the Sub-Committee report, from its meeting
held on October 4, 2012;
g) that the Civic Administration BE REQUESTED to work
with the Animal Welfare Advisory Committee to develop a protocol to
discontinue the practice of ear tipping to identify feral cats that have been
determined adoptable by City of London-recognized rescue groups;
h) that clause 4 of the 3rd Report of the AWAC BE
REFERRED back to the AWAC in order to gather additional information
including, but not limited to, the actions of other municipalities; and,
i) clauses 5 through 9
of the 3rd Report of the Animal Welfare Advisory Committee BE RECEIVED;
it
being noted that the Public Safety Committee received the attached
presentation from S. Rans, with respect to this matter.
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That the request from G. Hare, London
Knights Hockey Club, for an exemption under the Sign and Canopy By-law BE
REFERRED to the Civic Administration for review and report back at a future
meeting of the PSC; it being noted that the PSC received a presentation from
G. Hare, with respect to this matter.
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That the request from S. Taylor, Taylor
Installations, for an exemption under the Sign and Canopy By-law BE REFERRED
to the Civic Administration for review and report back at the next meeting of
the Public Safety Committee (PSC); it being noted that the PSC received a
communication and a delegation from S. Taylor, with respect to this matter.
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That the proposal from Councillor M. Brown
to establish a Pilot Project to address graffiti removal BE REFERRED to the
Civic Administration for review and report back at a future meeting; it
being noted that the Public Safety Committee received a communication from
Shmuel Farhi with respect to this matter.
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That the Civic Administration BE REQUESTED
to report back to the appropriate standing committee with respect to a review
of temporary real estate banner signs for the Downtown area including the
potential removal of the 210 day restriction within that area; it being noted
that the Public Safety Committee received a communication dated May 9, 2012,
from R. T. Usher, LDBA and J. MacDonald, Downtown London with respect to this
matter.
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Pursuant to section 17.2 of the Council
Procedure By-law, Councillor P. Hubert calls for a separate vote on clauses 10
and 11.
Motion
made by Councillor D. Brown and seconded by Councillor J.P. Bryant to Approve
that clause 9 be amended in line 2 by deleting the words “Sign and Canopy
By-law” and replacing them with the words “Pool Fence By-law”.
Motion Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
Clause
9, as amended reads as follows:
That
the request from S. Taylor, Taylor Installations, for an exemption under the
Pool Fence By-law BE REFERRED to the Civic Administration for review and report
back at the next meeting of the Public Safety Committee (PSC); it being noted
that the PSC received a communication and a delegation from S. Taylor, with
respect to this matter.
The
motion to Approve clauses 1 to 8 and clause 9, as amended, is put.
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
Councillor
J.B. Swan leaves the meeting.
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The
motion to Approve clauses 10 and 11 is put.
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Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, So. Orser, N. Branscombe, M. Brown, D.G. Henderson,
P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (11)
Councillor
J.B. Swan returns to the meeting.
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Motion made by Councillor P. Hubert to
Approve clause 1.
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1.
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Disclosures
of Pecuniary Interest
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That
it BE NOTED that no pecuniary interests were disclosed.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion
made by Councillor J.B. Swan to Approve clauses 1 to 7.
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That
it BE NOTED that no pecuniary interests were disclosed.
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a) That
the previous decision of the Municipal Council to hold Shopping Mall Budget
Information Sessions on Saturday, January 12, 2012 BE RECONSIDERED.
b) That,
subject to the adoption of a), above, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer,
having considered alternative methods of better engaging the public in the
Budget process, the 2013 Budget Development Process and schedule BE AMENDED
as denoted in the attached Appendix “A”, which replaces the Shopping
Mall Budget Information Sessions with Community Engagement “Build-A-Budget”
Workshops at London City Hall; it being noted that the Strategic Priorities
and Policy Committee heard a verbal overview from the Managing Director,
Corporate Services and City Treasurer, Chief Financial Officer with respect
to this matter.
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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 2013 Water and Wastewater and Treatment Budgets:
a) the
2013 Draft Operating Budget, 2013 Capital Budget and associated forecasts for
Water Services BE RECEIVED and BE REFERRED to the 2013 Budget process; and
b) the
2013 Draft Operating Budget, 2013 Capital Budget and associated forecasts for
Wastewater and Treatment Services BE RECEIVED and BE REFERRED to the 2013
Budget process;
it being noted that the Managing Director,
Engineering and City Engineer gave a verbal overview with respect to this
matter.
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Recommendation: That further consideration
of the Service London Implementation Plan (Appendix “A”) BE DEFERRED for
report back at the December 4, 2012 meeting of the Strategic Priorities and
Policy Committee with additional detail regarding the longer-term operating
costs, funding, measurement tools and the efficiencies that are expected as a
result of implementing the Plan; it being noted that the Strategic Priorities
and Policy Committee heard the attached presentation from the Managing
Director of Neighbourhood, Children’s and Fire Services with respect to this
matter.
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Recommendation: That the presentation by
KPMG regarding the rationale for continuing the service delivery review
process BE DEFERRED until a future meeting of the Strategic Priorities and
Policy Committee.
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Recommendation: That the following
individual BE APPOINTED to the Eldon House Board of Directors for the term
ending November 30, 2014;
• John Richard Lisowski
(background in and experience with law)
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a) That
the membership of the Civic Works Committee for the term December 1, 2012 to
November 30, 2013 BE ESTABLISHED as follows:
Councillor
P. Van Meerbergen(Chair)
Mayor
J. Fontana (ex-officio)
Councillor
M. Brown
Councillor
S. Orser
Councillor
H.L. Usher
Councillor
S.E. White
b) That
the membership of the Community and Protective Services Committee for the
term December 1, 2012 to November 30, 2013 BE ESTABLISHED as follows:
Councillor
D. Brown (Chair)
Mayor
J. Fontana (ex-officio)
Councillor
W.J. Armstrong
Councillor
J.L. Baechler
Councillor
J.P. Bryant
Councillor
H.L. Usher
c) That
the membership of the Corporate Services Committee for the term December 1,
2012 to November 30, 2013 BE ESTABLISHED as follows:
Mayor
J. Fontana (Chair)
Councillor
J.P. Bryant
Councillor
N. Branscombe
Councillor
B. Polhill
Councillor
J.B. Swan
d) That
the membership of the Investment and Economic Prosperity Committee for the
term December 1, 2012 to November 30, 2013 BE ESTABLISHED as follows:
Councillor
J.B. Swan (Chair)
Mayor
J. Fontana (ex-officio)
Councillor
M. Brown
Councillor
S. Orser
Councillor
P. Van Meerbergen
Councillor
D. Henderson
e) That
the membership of the Planning and Environment Committee for the term
December 1, 2012 to November 30, 2013 BE ESTABLISHED as follows:
Councillor
B. Polhill(Chair)
Mayor
J. Fontana (ex-officio)
Councillor
S, White
Councillor
P. Hubert
Councillor
N. Branscombe
Councillor
D. Henderson
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The
motion to Approve clauses 1 to 6, inclusive is put.
Motion
Passed
YEAS:
J.F. Fontana, B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, J.P. Bryant,
S.E. White (13)
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The
motion to adopt clause 7 a) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, H.L. Usher,
S.E. White (10)
NAYS: N. Branscombe, P. Hubert, J.P. Bryant
(3)
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The
motion to adopt clause 7 b) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
S.E. White (10)
NAYS: N. Branscombe, H.L. Usher, J.P.
Bryant (3)
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The
motion to adopt clause 7 c) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White
(9)
NAYS: N. Branscombe, P. Hubert, H.L. Usher,
J.P. Bryant (4)
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The
motion to adopt clause 7 d) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White
(9)
NAYS: N. Branscombe, P. Hubert, H.L. Usher,
J.P. Bryant (4)
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The
motion to adopt clause 7 e) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, D.G. Henderson, P. Van Meerbergen, D. Brown, S.E. White (8)
NAYS: N. Branscombe, M. Brown, P. Hubert,
H.L. Usher, J.P. Bryant (5)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Van Meerbergen to Approve the 1st Reading of Bill
No. 425.
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Motion Passed
YEAS: J.F. Fontana, J.B. Swan, S. Orser, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: B. Polhill (1)
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Motion made by Councillor M. Brown and
seconded by Councillor P. Van Meerbergen to Approve the 2nd Reading of Bill
No. 425.
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Motion Passed
YEAS: J.F. Fontana, J.B. Swan, S. Orser, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: B. Polhill (1)
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Motion made by Councillor M. Brown and
seconded by Councillor D. Brown to Approve the 3rd Reading of Bill No. 425.
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Motion Passed
YEAS: J.F. Fontana, J.B. Swan, S. Orser, N.
Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen, D. Brown,
H.L. Usher, J.P. Bryant, S.E. White (12)
RECUSED: B. Polhill (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the 1st Reading of Bills
No.s 419 to 442, except Bill No.s 425 and 443.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion
made by Councillor H.L. Usher and seconded by Councillor J.P. Bryant to
Approve the 2nd Reading of Bills No.s 419 to 442, except Bill No.s 425 and
443.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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Motion
made by Councillor M. Brown and seconded by Councillor P. Van Meerbergen to
Approve the 3rd Reading of Bills No.s 419 to 442, except Bill No.s 425 and
443.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, J.P. Bryant, S.E. White (13)
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The following by-laws are passed and
enacted as by-laws of The Corporation of the City of London:
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Bill
No. 419
By-law
No. A.-6877-306
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A by-law to confirm
the proceedings of the Council Meeting held on the 30th day of October, 2012.
(City Clerk)
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Bill
No. 420
By-law
No. A.-6151(e)-307
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A By-law to amend
By-law A.-6151-17, being a by-law to establish policies for the sale and
other disposition of land, hiring of employees, procurement of goods and
services, public notice, accountability and transparency, and delegation of
powers and duties, as required under section 270(1) of the Municipal Act,
2001. (4/27/FASC)
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Bill
No. 421
By-law
No. A.-6878-308
|
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A by-law to delete
and replace Council Policy 22(3) entitled “City of London Community Suite
Policy”. (5/27/FASC)
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Bill
No. 422
By-law
No. A.-6879-309
|
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A by-law to delete
and replace Council Policy 3(8) entitled “City of London Days at the John
Labatt Centre” (6/27/FASC)
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Bill
No. 423
By-law
No. A.-6880-310
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A by-law to
authorize and approve an agreement between The Corporation of the City of
London and London Hydro Inc. to co-locate IT equipment (servers, switches,
etc.). (7/27/FASC)
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Bill
No. 424
By-law
No. A.-6881-311
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A By-law to declare
Part 3, Plan 33R-18372 surplus, and to authorize the Agreements of Purchase
and Sale between The Corporation of the City of London and 598419 Ontario
Limited for the sale of Part 3, Plan 33R-18372 and the acquisition Part 4,
Plan 33R-18372, and to authorize the Mayor and City Clerk to execute the
Agreements. (8/27/FASC)
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Bill
No. 425
By-law
No. A.-6882-312
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A By-law to
authorize an Agreement between The Corporation of the City of London and
1803302 Ontario Limited, and to authorize the Mayor and the City Clerk to
execute the Agreement. (9/27/FASC)
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Bill
No. 426
By-law
No. A-44
|
|
A by-law respecting
the Civic Administration. (10/27/FASC)
|
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Bill
No. 427
By-law
No. A-45
|
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A by-law to provide
for the Rules of Order and Procedure for the Council of The Corporation of
the City of London. (11/27/FASC)
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Bill
No.428
By-law
No. A.-6883-313
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A by-law to appoint
livestock and poultry valuers for the City of London for the purposes of the
Protection of Livestock and Poultry from Dogs Act, 1990. (5/8/PSC)
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Bill
No. 429
By-law
No. C.P.-1284(ss)-314
|
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A by-law to amend
the Official Plan for the City of London, 1989 relating to 8 Fairview Court
and 770 Whetter Avenue. (19a/24/PEC)
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Bill
No.430
By-law
No. PS-111-12113
|
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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.” (4/16/CWC)
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Bill
No. 431
By-law
No. S.-5480-315
|
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A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (as widening to Bessemer Road, north of Hargrieve Road) (Chief
Surveyor)
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Bill
No. 432
By-law
No. S.-5481-316
|
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A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (As widening to Commissioners Road West, west of Grand View Avenue)
(Chief Surveyor)
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Bill
No. 433
By-law
No. S.-5482-317
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A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (as widening to Horton Street East, west of Richmond Street and as
widening to Richmond Street, north of Horton Street East) (Chief Surveyor)
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Bill
No. 434
By-law
No. S.-5483-318
|
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A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (As widening to Windermere Road, at Corley Drive) (Chief Surveyor)
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Bill
No. 435
By-law
No. S.-5484-319
|
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A by-law to lay
out, constitute, establish and assume lands in the City of London as public
highway. (As widening to Colonel Talbot Road, south of Pack Road) (Chief
Surveyor)
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Bill
No. 436
By-law
No. S.-5485-320
|
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A by-law to permit
Daniel & Linda Forget to maintain and use a boulevard parking area upon
the road allowance for the untravelled portion of the highway known
municipally as 95 Oak Street, City of London. (Manager of Licensing and
Elections)
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Bill
No. 437
By-law
No. S.-5486-321
|
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A by-law to permit
The Roman Catholic Episcopal Corporation of the Diocese of London in Ontario
to maintain and use an encroachment upon the road allowance for Epworth
Avenue, City of London. (City Solicitor)
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Bill
No. 438
By-law
No. Z.-1-122141
|
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A by-law to amend
By-law No. Z.-1 to remove the holding provision from the zoning for a portion
of land located at 1030 Oakcrossing Gate. (3/25/PEC)
|
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Bill
No. 439
By-law
No. Z.-1-122142
|
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 699 Village Green Ave.
(12/25/PEC)
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Bill
No. 440
By-law
No. Z.-1-122143
|
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 1476 Aldersbrook Road.
(16/25PEC)
|
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Bill
No. 441
By-law
No. Z.-1-122144
|
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 8 Fairview Court and 770
Whetter Avenue. (19b/25/PEC)
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Bill
No. 442
By-law
No. Z.-1-122145
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 425 Wharncliffe Road
South. (2a/26/PEC)
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MOTION
FOR IN CAMERA SESSION
|
Councillor
J.P. Bryant leaves the meeting.
|
Motion made by Councillor S. Orser and
seconded by Councillor N. Branscombe to Approve Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, N. Branscombe, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
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The Council rises and goes into Committee of
the Whole, in camera, at 11:16 PM with Mayor J.F. Fontana in the Chair and all
Members present except Councillors W.J. Armstrong and J.L. Baechler.
At 11:36 PM L. Livingstone and J. Kobarda
leave the meeting.
At 11:38 PM G.T. Hopcroft leaves the
meeting.
At 11:50 PM Councillors J.B. Swan and P.
Hubert leave the meeting.
The Committee of the Whole rises and Council
resumes in regular session at 11:55 PM with Mayor J.F. Fontana in the Chair and
all Members present except Councillors W.J. Armstrong, J.B. Swan, J.L. Baechler
and P. Hubert.
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|
17th
Report of the Committee of the Whole
Councillor
N. Branscombe presents.
|
PRESENT: (5:23 PM) Mayor J. F. Fontana,
Councillors B. Polhill, W. J. Armstrong, J.B. Swan, S. Orser, N. Branscombe, M.
Brown, P. Hubert, D. G. Henderson, P. Van Meerbergen, D. Brown, H. L. Usher, J.
P. Bryant and S. E. White and C. Saunders (City Clerk).
ALSO PRESENT: (5:23
PM) A. Zuidema, J. Braam, B. Coxhead, J.M. Fleming, T. Grawey, M. Hayward,
G.T. Hopcroft, L. Livingstone, V. McAlea Major, J. Page, L. M. Rowe and B.
Westlake-Power.
PRESENT: (11:16 PM) Mayor J. F. Fontana,
Councillors B. Polhill, J.B. Swan, S. Orser, N. Branscombe, M. Brown, P.
Hubert, D. G. Henderson, P. Van Meerbergen, D. Brown, H. L. Usher, J. P. Bryant
and S. E. White and C. Saunders (City Clerk).
ALSO PRESENT: (11:16
PM) A. Zuidema, M. Hayward, G.T. Hopcroft, J. Kobarda, L. Livingstone, V.
McAlea Major, J. Page, L. M. Rowe, B. Warner and B. Westlake-Power.
Councillor N. Branscombe Reports progress
with respect to the following matters:
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a)
|
A personal matter Pertaining to
identifiable individuals, including municipal employees, with respect to the
2013 Mayor's New Year's Honour List (CSC)
|
|
b)
|
A personal matter Pertaining to
identifiable individuals, including municipal employees, with respect to the
2013 Mayor's New Year's Honour List (CSC)
|
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c)
|
A matter pertaining to the purpose of
instructions and directions to officers and employees of the Corporation
pertaining to a proposed acquisition 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 acquisition of land; commercial and
financial information supplied in confidence pertaining to the proposed
acquisition the disclosure of which could reasonably be expected to,
prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of the Corporation, result in
similar information no longer being supplied to the Corporation where it is
in the public interest that similar information continue to be so supplied,
and result in undue loss or gain to any person, group, committee or financial
institution or agency; commercial, information relating to the proposed
acquisition that belongs to the Corporation that has monetary value or
potential monetary value; information concerning the proposed acquisition
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 acquisition.
(FASC)
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d)
|
A matter pertaining to instructions and
directions to officers and employees of the Corporation pertaining to a
proposed acquisition of land; reports or advice or recommendations of
officers and employees of the Corporation pertaining to a proposed
acquisition of land; commercial and financial information supplied in
confidence pertaining to the proposed acquisition the disclosure of which
could reasonably be expected to, prejudice significantly the competitive
position or interfere significantly with the contractual or other
negotiations of the Corporation, result in similar information no longer
being supplied to the Corporation where it is in the public interest that
similar information continue to be so supplied, and result in undue loss or
gain to any person, group, committee or financial institution or agency;
commercial, information relating to the proposed acquisition that belongs to
the Corporation that has monetary value or potential monetary value;
information concerning the proposed acquisition 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 acquisition. (FASC)
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e)
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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.
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f)
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A matter pertaining to a proposed or
pending acquisition of land by the municipality in connection with the
Springbank Drive road widening project and related expropriations; litigation
or potential litigation with respect to the expropriation of temporary
easement on a property located at 339 Springbank Drive, including matters
before administrative tribunals, affecting the municipality or local board;
advice that is subject to solicitor-client privilege, including
communications necessary for that purpose, in connection with the
expropriation of temporary easement on a property located at 339 Springbank
Drive; and directions and instructions to officers and employees or agents of
the municipality regarding conduct of litigation in connection with the
expropriation of temporary easement on a property located at 339 Springbank
Drive.
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Motion made by Councillor N. Branscombe and
seconded by Councillor H.L. Usher to Approve that, as a
procedural matter pursuant to Section 239 (6) of the Municipal Act, 2001,
the following recommendation be forwarded to City Council for deliberation and
a vote in public session:
That, on
the recommendation of the Director Corporate Investments & Partnerships,
with the concurrence of the Managing Director, Environmental and Engineering
Services and City Engineer, on the advice of the Manager, Realty Services, the
following actions be taken with respect to the properties at 4200 Scotland
Drive and 3713 Scotland Drive:
a) W12A
Landfill Property Value Protection Plan agreements for 4200 Scotland Drive and
3713 Scotland Drive BE APPROVED; and
b) 4200
Scotland Drive and 3713 Scotland Drive BE PURCHASED by the City.
Motion
Passed
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve leave for the introduction of Bill
No.s 444 and 445.
Motion Passed
Motion made by Councillor B. Polhill and
seconded by Councillor J.P. Bryant to Approve the 1st Reading of Bill No.s 444
and 445.
Motion Passed
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Approve the 2nd Reading of Bill No.s 444 and
445.
Motion Passed
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve the 3rd reading Bill No.s 444 and
445.
Motion Passed
The following by-laws are passed and enacted
as by-laws of The Corporation of the City of London.
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Bill
No. 444
By-law
No. A.-6884-322
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A By-law
to authorize a Property Value Protection Plan Agreement between The
Corporation of the City of London and Ashley Raphael Hennessy and Suzanne
Hennessy to provide property value protection for the property located at 3713
Scotland Drive. (C1/27/FASC)
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Bill
No. 445
By-law
No. A.-6885-323
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A By-law
to authorize a Property Value Protection Plan Agreement between The
Corporation of the City of London and Darrell DeCoste and Laurie Decoste to
provide property value protection for the property located at 4200 Scotland
Drive. (C1/27/FASC)
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Motion made by Councillor M. Brown and
seconded by Councillor P. Van Meerbergen to Adjourn.
Motion Passed
The meeting adjourned at 11:58 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk