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Council
MINUTES
8th
MEETING
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April 16, 2013
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The Council meets in Regular Session in the
Council Chambers this day at 4:02 p.m.
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PRESENT: Mayor J.F. Fontana, B. Polhill,
W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White and C.
Saunders (City Clerk).
ABSENT: Councillors N. Branscombe and J.P.
Bryant.
ALSO PRESENT: A. Zuidema, J.P. Barber, J.
Braam, J. Fleming, E. Gamble, M. Hayward, G.T. Hopcroft, G. Kotsifas, L.
Livingstone, A. Macpherson, V. McAlea Major, L.M. Rowe, R. Sharpe, E. Soldo, S.
Stafford, B. Warner, R. Welker and B. Westlake-Power.
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At the beginning of the Meeting all Members
are present except Councillors N. Branscombe, P. Van Meerbergen and J.P.
Bryant.
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Councillor W.J. Armstrong discloses a
pecuniary interest in 6 of the 7th Report of the Community and Protective
Services Committee, having to do with amendments to the Fees and Charges
By-law, specifically as it relates to Residential Rental Units Licensing, by
indicating that he owns rental properties.
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Councillor M. Brown discloses a pecuniary
interest in clause 3 of the 8th Report of the Strategic Priorities and Policy
Committee, having to do with an Accommodation Review Committee for the Thames
Valley District School Board (TVDSB), by indicating that he is employed by
the TVDSB. Councillor M. Brown further discloses a pecuniary interest in
clause 12 of the 8th Report of the Planning and Environment Committee, having
to do with the property located at 77 Tecumseh Avenue West, and the
associated Bill No. 189, by indicating that TVDSB is his employer.
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Councillor J.B. Swan discloses a pecuniary
interest in clause 9 of the 4th Report of the Investment and Economic
Prosperity Committee, having to do with potential Farhi Holdings Corporation
developments in London by indicating that his employer, Orchestra London,
leases space from Farhi Holdings Corporation. Councillor J.B. Swan further
discloses a pecuniary interest in clause 3 of the 4th Report of the
Investment and Economic Prosperity Committee, having to do with the 2013
Operating Budget for services within Culture Services, as it relates to
Orchestra London, by indicating that Orchestra London is his employer.
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Councillor D. Brown discloses a pecuniary
interest in clause 11 of the 8th Report of the Planning and Environment
Committee, having to do with the 4th Report of the London Heritage Advisory
Committee, by indicating that her employer owns three of the properties
referenced in the Report. Councillor D. Brown further discloses a perceived
conflict with clause 3 of the 10th Report of the Corporate Services
Committee, having to do with the 2013 Remuneration for Elected Officials and
Appointed Citizen Members.
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Councillor P. Hubert discloses a pecuniary
interest in clause 9 b) of the 4th Report of the Investment and Economic
Prosperity Committee, having to do with the potential Farhi Holdings
Corporation developments, specifically as it relates to the Market Tower and
Annex Sale, by indicating that he is the Executive Director of a social
services agency that has a purchase of service agreement with Ontario Works.
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Councillor P. Van Meerbergen discloses a
pecuniary interest in clause 7 of the 7th Report of the Community and
Protective Services Committee, having to do with the child care funding
formula update, by indicating that his spouse owns and operates a home
daycare business.
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None.
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Motion made by Councillor B. Polhill and
seconded by Councillor H.L. Usher to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
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The
Council rises and goes in camera at 4:09 PM with Mayor J.F. Fontana in the
Chair and all Members present except Councillors N. Branscombe and J.P.
Bryant.
Councillor
P. Van Meerbergen enters the meeting at 4:35 PM.
The Committee of the Whole rises and Council
resumes in regular session at 4:30 PM with J.F. Fontana in the chair and all
Members present except Councillors W.J. Armstrong, N. Branscombe and J.P. Bryant.
1.
His
Worship the Mayor introduces the London Lightning, 2013 NBL Champions.
At 5:18 PM Councillor W.J. Armstrong enters
the meeting and Councillor H.L. Usher leaves the meeting.
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4.
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His Worship the Mayor recognizes J.
Stevenson of the London Western Track & Field Club, to acknowledge the
establishment of Canada’s first para-athletics hub.
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5.
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His Worship the Mayor acknowledges the 50th
Anniversary of the East London Optimist Club.
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At 5:20 PM Councillor H.L. Usher enters the
meeting.
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Motion made by Councillor M. Brown and
seconded by Councillor B. Polhill 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 15 of the 8th Report of the Planning and Environment
Committee, having to do with Medway Valley Heritage Forest ESA – North, Trail
Master Planning Study, to be heard at 7:00 PM, or immediately following the
dinner break.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the Minutes of the 7th Meeting
held on March 26, 2013.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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Motion made by Councillor B. Polhill and
seconded by Councillor P. Van Meerbergen to Approve the referral of the following
communications for consideration with the noted clauses:
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Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
None.
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Motion made by Councillor J.B. Swan to
Approve clauses 1 to 15.
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Pursuant
to section 17.2 of the Council Procedure By-law, Councillor D. Brown calls for
a separate vote on clause 3.
Pursuant
to section 17.2 of the Council Procedure By-law, Councillor D. Henderson calls for
a separate vote on clause 6.
Pursuant
to section 17.2 of the Council Procedure By-law, Councillor B.Polhill calls for
a separate vote on clause 15.
The
Chair directs that clause 2b) be considered after the in camera session.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That the following actions be taken with
respect to the report dated April 9, 2013 regarding the Municipal Freedom of
Information and Protection of Privacy Act, 2012 Annual Report:
a) the Annual Report BE RECEIVED
for information; and
b) Councillor
W.J. Armstrong’s concerns, regarding the distribution of a particular
communication earlier this year, BE REFERRED to the City Manager for
discussion with Councillor Armstrong.
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3.
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Elected Officials and Appointed Citizen
Members - 2013 Remuneration
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Recommendation: That, on the recommendation
of the Managing Director, Corporate Services and City Treasurer, Chief
Financial Officer and the City Clerk, the 2013 remuneration for elected
officials and appointed citizen members of local boards and commissions where
stipends are paid BE ADJUSTED by 1.5% over 2012, effective, January 1, 2013, in
keeping with Council Policy 5(32), which provides for the salaries and
honorariums of elected officials and appointed citizen members of local boards
and commissions where stipends are paid to be adjusted “…annually on January
1st by the percentage increase reflected in the Labour Index (monthly Index,
Table 3), on the understanding that if such an index reflects a negative
percentage, the annual adjustment to the salaries of the elected officials and
appointed citizen members will be 0%; and on the further understanding at if
the Labour Index (monthly Index, Table 3) has increased by a percentage greater
than the Consumer Price Index, Ontario, the annual percentage increase in the
salaries and honorariums of the elected officials and appointed citizen members
will be no greater than the increase in the Computer Price Index, Ontario…”.
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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 2012 Operating Budget Status –
4th Quarter Report for the General Budget (Property Tax Supported), Water and
Wastewater Budgets:
a) the
status report BE RECEIVED for information; it being noted that the 2012
corporate operating savings resulted from:
i) $5.2
million in net savings for the General (Property Tax Supported) Budget as
identified by Civic Departments, Boards and Commissions; it being noted that
the year-end savings are $2.7 million higher than projected in the 2012
Operating Budget Status – 3th Quarter Report, and the $5.2 million operating
surplus was contributed to the Operating Budget Contingency Reserve,
consistent with Council direction;
ii) $0.3
million in net savings for the Water rate supported budget was realized; it
being noted that this year-end surplus is $0.6 million greater than the $0.3
million deficit reported in the 2012 Operating Budget Status – 3rd Quarter
Report, and the $0.3 million in savings has been contributed to the Water
Capital Reserve Fund and will assist in funding future capital expenditures,
consistent with Council direction; and
iii) $1.4
million in net savings for the Wastewater rate supported budget was realized;
it being noted that the $1.4 million surplus is an approximate $1.4 million
change from the projected breakeven position in the 2012 Operating Budget
Status – 3rd Quarter Report, and of the $1.4 million savings, $1.2 million
has been contributed to the Sewage Works Reserve Fund and $0.2 million has been
contributed to the Wastewater Rate Stabilization Reserve, consistent with
Council direction;
b) the
Civic Administration BE AUTHORIZED to draw down $0.7 million from the
Operating Budget Contingency Reserve and contribute the funding to the
Economic Development Reserve Fund to be used to support initiatives brought
forward by the Investment and Economic Prosperity Committee that best
accelerate London’s economy and foster private sector investment in the City;
it being noted that the $4.5 million balance
pertaining to the 2012 savings of $5.2 million has already been allocated by
Municipal Council for the following:
i) $2.0
million from the Operating Budget Contingency Reserve to the City Facilities
Reserve Fund in order to provide a source of funding for facility-related
initiatives such as Ontario Works Decentralization, consistent with direction
received in the 2012 Operating Budget Status –3rd Quarter Report;
ii) $1.1
million to the Corporate Financing service as revenue, recognizing that
during 2013 Budget deliberations, Council directed Civic Administration to
utilize 2012 surplus funding to reduce the 2013 tax levy from rates;
iii) $0.5
million to the London & Middlesex Housing Corporation (LMHC), recognizing
that during 2013 Budget deliberations, Council directed Civic Administration
to use 2012 surplus to reduce its 2013 Budget increase;
iv) $0.9
million to the Corporate Financing service as revenue; it being noted that
this is consistent with Municipal Council direction with regard to corporate
surplus policy; and
v) the
London Advisory Committee on Heritage (LACH) 2012 surplus of $4,498 to the
LACH 2013 budget to be used for the purchase of interpretive signage for the
Tempo Vll Hydroplane and the replacement of a bronze heritage plaque commemorating
the former Supertest station located on Carfrae Crescent; it being noted that
this action is consistent with Municipal Council direction received on
January 15, 2013; and
c) the
Civic Administrations contribution of $3.3 million ($2.9 million – property
tax supported; $0.2 million – wastewater; and $0.2 million – water) to the
Efficiency, Effectiveness and Economy reserves in 2012 BE NOTED for
information.
Note: Subject to year end financial
statement audit and adjustments related to the accounting for tangible
capital assets (PSAB 3150).
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That, on the recommendation of the Managing
Director, Corporate Services and City Treasurer, Chief Financial Officer, the
staff report dated April 9, 2013 regarding the 2012 Capital Budget Status,
Fourth Quarter Report BE RECEIVED for information.
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6.
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295 Rectory Street - London Optimist Soccer
Centre (BMO Centre) Building and Brownfield Site Remediation Update
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Motion made by Councillor J.B. Swan to Approve
that, on the recommendation of the Managing Director, Corporate Services and
City Treasurer, Chief Financial Officer, on the advice of the Manager of
Realty Services, the budget for the building and brownfield site remediation,
project RC2401-RINC, BE INCREASED by $200,000.00 as identified in the Sources
of Financing Report as appended to the staff report dated April 9, 2013.
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That, on the recommendation of the Deputy
City Treasurer, the following actions be taken:
a) the
Old East Village Business Improvement Area proposed 2013 budget submission in
the amount of $511,291 BE APPROVED as outlined in the attached
Schedule A;
b) the
amount to be raised by The Corporation of the City of London for the 2013
fiscal year for the purposes of the Old East Village Business Improvement
Area and pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at
$15,781 (which accounts for $14,781 for the City of London levy as required
by the Old East Village Business Improvement Area to help support its 2013
budget and an estimated allowance of $1,000 to provide for vacancy rebates);
c) a
special charge BE ESTABLISHED for the amount referred to in part b), above,
by a levy in accordance with By-law CP-1, as amended; it being noted that any
special charge shall have priority lien status and shall be added to the tax
roll pursuant to subsection 208(7) of the Municipal Act, 2001; and
d) the
attached proposed by-law (Schedule B) BE INTRODUCED at the Municipal
Council on April 16, 2013 with respect to municipal special levy for the Old
East Village Business Improvement Area.
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That on the recommendation of the Deputy
City Treasurer, the following actions be taken:
a) the
Argyle Business Improvement Area Budget of $180,665 BE RECEIVED as outlined
in the attached Schedule A;
b) the
$130,665 portion of the $180,665 budget submission which represent the
exclusion of a $50,000 grant request by the Argyle Business Improvement Area
for the purposes of sweepers/cleaners, an anti-graffiti mural program, façade
and beautification, consulting, banners, BIA District welcome signage and
security measures such as street cameras, safety and policing, monitoring and
business watch BE APPROVED;
c) the
$50,000 municipal grant request BE DIRECTED to the Managing Director,
Planning and City Planner, in consultation with the Finance Division, for a
report back that includes a business case analysis to be prepared by the
Argyle Business Improvement Area pertaining to the grant request initiated by
the Argyle Business Improvement Area; it being noted that the requested
$50,000 grant could be incorporated into the Argyle Business Improvement
Area’s levy, and it being further noted that the $50,000 grant request was
received by Civic Administration in February, 2013 and was not approved as
part of the recent 2013 Corporate Budget deliberations;
d) the
amount to be raised by The Corporation of the City of London for the 2013
fiscal year for the purposes of the Argyle Business Improvement Area,
pursuant to subsection 208(1) of the Municipal Act, 2001, BE FIXED at
$110,480 as outlined in the attached Schedule A;
e) a
special charge BE ESTABLISHED for the amount referred to in part d), above,
by a levy in accordance with By-law A.-6873-292, as amended, it being noted
that any special charge shall have priority lien status and shall be added to
the tax roll pursuant to subsection 208(7) of the Municipal Act, 2001;
f) the
attached proposed by-law (Schedule B) BE INTRODUCED at the Municipal
Council meeting to be held on April 16, 2013 for the purpose of implementing
the municipal special levy for the Argyle Business Improvement Area; and
g) the
Argyle Business Improvement Area BE REQUESTED to report back on the
outstanding conditions associated with the grant provided by the City of
London in 2012 prior to any further grant request considerations.
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That on the recommendation of the Deputy
City Treasurer, the following actions be taken:
a) the
London Downtown Business Association proposed 2013 budget submission in the
amount of $951,229 BE APPROVED as outlined in the attached Schedule
A;
b) the
amount to be raised by The Corporation of the City of London for the 2013
fiscal year for the purposes of the London Downtown Business Association and
pursuant to subsection 208(1) of the Municipal Act, 2001 BE FIXED at
$1,018,027 (which accounts for $935,027 for the City of London levy as
required by the LDBA to help support its 2013 budget and an estimated
allowance of $83,000 to provide for vacancy rebates);
c) a
special charge BE ESTABLISHED for the amount referred to in part b), above,
by a levy in accordance with By-law CP-2 as amended; it being noted that any
special charge shall have priority lien status and shall be added to the tax
roll pursuant to subsection 208(7) of the Municipal Act, 2001; and
d) the
attached proposed by-law (Schedule C) BE INTRODUCED at the Municipal
Council on April 16, 2013 with respect to municipal special levy for the
London Downtown Business Improvement Area.
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That, on the recommendation of the Manager
Realty Services, with the concurrence of the Manager of Purchasing and
Supply, with respect to the City-owned lands, as shown on Schedule “A” attached,
the bids submitted by Jason Lawrence Regier, for lease of farm lands at the
tendered annual lease offer of $72,000.00 for a three (3) year term on
Manning Drive; $44,352.00 for a one (1) year term on Huron Street, and
$14,400.00 for a one (1) year term on Bonder Road, BE ACCEPTED; it being
noted that Jason Lawrence Regier submitted the highest offers and meets the
City’s terms, conditions and specifications in all areas.
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That the communication dated March 19, 2013
from Councillor H.L. Usher and Councillor J.L. Baechler regarding the
Federation of Canadian Municipalities Board of Directors meeting held on
March 6-9, 2013 in Prince George, B.C. BE RECEIVED.
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That the following individual BE APPOINTED
to the Animal Welfare Advisory Committee for the term ending February 28,
2015;
Voting:
• Jennifer Fawcett-Cornish
(Member- at-Large)
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That the following individuals BE APPOINTED
to the Community Safety and Crime Prevention Advisory Committee for the term
ending February 28, 2015;
Voting:
• Roderick Singh
(Member-at-Large)
• Patricia Watson
(Member-at-Large)
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That the communication dated March 26, 2013
from E. Rodrigues, Executive Director, LUSO Community Services, indicating
the resignation of C. Costa’s from the London Diversity and Race Relations
Advisory Committee, BE ACCEPTED and Ms. Costa BE THANKED for participating on
the London Diversity and Race Relations Advisory Committee.
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15.
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Enquiry – Councillor J.P. Bryant – Status
of Remediation Near Piccadilly Park
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Motion made by Councillor B. Polhill to
Approve that the enquiry by Councillor J.P. Bryant regarding the remediation
work that was postponed near Piccadilly Park, in the area bounded by
Wellington Street, Kenneth Avenue and the CP Railway tracks, BE REFERRED to
the Managing Director, Parks and Recreation, for response to Councillor
Bryant.
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The motion to adopt clauses 1 to 15,
excluding 2 b), 3, 6 and 15 is put.
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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Motion made by Councillor S.E. White and
seconded by Councillor B. Polhill to Amend clause 3, of the 10th Report of
the Corporate Services Committee to separate the remuneration of the elected
officeals (part a) from the appointed citizen members of local boards and
commissions (part b).
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
NAYS: W.J. Armstrong (1)
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Motion made by Councillor J.B. Swan and
seconded by Councillor J.L. Baechler to Approve that, on the recommendation
of the Managing Director, Corporate Services and City Treasurer, Chief
Financial Officer and the City Clerk, the 2013 remuneration for:
a) elected
officials BE ADJUSTED by 1.5% over 2012, effective, January 1, 2013, in
keeping with Council Policy 5(32), which provides for the salaries and
honorariums of elected officials and appointed citizen members of local
boards and commissions where stipends are paid to be adjusted “…annually on
January 1st by the percentage increase reflected in the Labour Index (monthly
Index, Table 3), on the understanding that if such an index reflects a
negative percentage, the annual adjustment to the salaries of the elected
officials and appointed citizen members will be 0%; and on the further
understanding at if the Labour Index (monthly Index, Table 3) has increased
by a percentage greater than the Consumer Price Index, Ontario, the annual
percentage increase in the salaries and honorariums of the elected officials
and appointed citizen members will be no greater than the increase in the
Consumer Price Index, Ontario…”; and,
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, H.L. Usher (8)
NAYS: M. Brown, D.G. Henderson, P. Van
Meerbergen, D. Brown, S.E. White (5)
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Motion made by Councillor J.B. Swan and
seconded by Councillor S.E. White to Approve that on the recommendation of
the Managing Director, Corporate Services and City Treasurer, Chief Financial
Officer and the City Clerk, the 2013 remuneration for appointed citizen
members of local boards and commissions where stipends are paid BE ADJUSTED
by 1.5% over 2012, effective, January 1, 2013, in keeping with Council Policy
5(32), which provides for the salaries and honorariums of elected officials
and appointed citizen members of local boards and commissions where stipends
are paid to be adjusted “…annually on January 1st by the percentage increase
reflected in the Labour Index (monthly Index, Table 3), on the understanding
that if such an index reflects a negative percentage, the annual adjustment
to the salaries of the elected officials and appointed citizen members will
be 0%; and on the further understanding at if the Labour Index (monthly
Index, Table 3) has increased by a percentage greater than the Consumer Price
Index, Ontario, the annual percentage increase in the salaries and
honorariums of the elected officials and appointed citizen members will be no
greater than the increase in the Consumer Price Index, Ontario…”.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D. Brown,
H.L. Usher, S.E. White (11)
NAYS: D.G. Henderson, P. Van Meerbergen (2)
Clause 3, as amended, reads as follows:
“That, on the recommendation of the
Managing Director, Corporate Services and City Treasurer, Chief Financial
Officer and the City Clerk, the 2013 remuneration for:
a) elected
officials BE ADJUSTED by 1.5% over 2012, effective, January 1, 2013, in
keeping with Council Policy 5(32), which provides for the salaries and
honorariums of elected officials and appointed citizen members of local
boards and commissions where stipends are paid to be adjusted ‘…annually on
January 1st by the percentage increase reflected in the Labour Index (monthly
Index, Table 3), on the understanding that if such an index reflects a
negative percentage, the annual adjustment to the salaries of the elected
officials and appointed citizen members will be 0%; and on the further
understanding at if the Labour Index (monthly Index, Table 3) has increased
by a percentage greater than the Consumer Price Index, Ontario, the annual
percentage increase in the salaries and honorariums of the elected officials
and appointed citizen members will be no greater than the increase in the
Consumer Price Index, Ontario…’; and,
b) appointed citizen members of
local boards and commissions where stipends are paid BE ADJUSTED by 1.5% over
2012, effective, January 1, 2013, in keeping with Council Policy 5(32), which
provides for the salaries and honorariums of elected officials and appointed
citizen members of local boards and commissions where stipends are paid to be
adjusted ‘…annually on January 1st by the percentage increase reflected in
the Labour Index (monthly Index, Table 3), on the understanding that if such
an index reflects a negative percentage, the annual adjustment to the
salaries of the elected officials and appointed citizen members will be 0%;
and on the further understanding at if the Labour Index (monthly Index, Table
3) has increased by a percentage greater than the Consumer Price Index,
Ontario, the annual percentage increase in the salaries and honorariums of
the elected officials and appointed citizen members will be no greater than
the increase in the Consumer Price Index, Ontario…’.”
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The motion to adopt clause 6 is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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At
5:49 PM, Councillor J.B. Swan leaves the meeting.
The motion to adopt clause 15 is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
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Councillor
J.B. Swan enters the meeting at 5:50 PM.
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Motion made by Councillor D. Brown to
Approve the referral of part b) of clause 2, to closed session.
b) Councillor
W.J. Armstrong’s concerns, regarding the distribution of a particular
communication earlier this year, BE REFERRED to the City Manager for
discussion with Councillor Armstrong.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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Motion made by Councillor J.B. Swan and
seconded by Councillor S. Orser 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 13 of the 8th Report of the Planning and Environment
Committee, having to do with the property located at 193 Clarke Road to be
heard at this time.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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8th
Report of the Planning and Environment Committee
Councillor
B. Polhill presents.
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Motion made by Councillor P. Hubert and
seconded by Councillor J.B. Swan to Approve that the application of Southside
Group relating to the property at 193 Clarke Road BE REFERRED back to the
Civic Administration for further consultation with the public regarding site
plan concerns, and for consideration of the staff recommendation in
conjunction with a public site plan process and review through the Urban
Design Peer Review Panel.
|
Motion made by Councillor S. Orser and
seconded by Councillor J.B. Swan to Approve that pursuant to section 9.6 of the
Council Procedure By-law, Councillor W.J. Armstrong be permitted to speak
longer than five minutes.
Motion
Passed
The
motion to Refer clause 13 is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, M. Brown, P. Hubert, D.G. Henderson, P. Van Meerbergen,
D. Brown, H.L. Usher (11)
NAYS: J.L. Baechler, S.E. White (2)
|
|
His Worship the
Mayor and Members of Council welcome and recognize representatives of the
Students' Councils from Western University, Huron University College, Brescia
University College, King's University College, Society of Graduate Students
and Fanshawe College, including the following:
Adam Fearnal, President and Patrick Whelan,
President-Elect, University Students' Council, Western University;
Vivek Prabhu, President, Huron University
College Students' Council;
Jazmyn Jansen, President and Emily Addison,
President-Elect, Brescia University College Students' Council;
David Ennett, President and Jen Carter,
President-Elect
Society of Graduate Students, Western
University: Christopher Shirreff, President and Kevin Godbout,
President-Elect, King's University College Students' Council; and,
Zach Dodge, President and Adam Gourlay,
President-Elect, Fanshawe Student Union.
|
Motion made by Councillor J.L. Baechler and
seconded by Councillor J.B. Swan to Recess.
The Council recesses at 6:25 PM and
reconvenes at 7:25 PM with Mayor J.F. Fontana in the Chair and all Members
present except Councillors J.B. Swan, N. Branscombe and J.P. Bryant.
8th
Report of the Planning and Environment Committee, continued.
Motion made by Councillor B. Polhill to
approve clause 15.
|
That the following actions be taken with
respect to the Medway Valley Heritage Forest Environmentally Significant
Area, North Trail Master Planning Study:
a) the
Medway Valley Heritage Forest North Environmentally Significant Area Trail
Master Planning Study, March, 2013 BE ACCEPTED;
b) Trail
Option 5B - ‘Enhanced Accessibility’ BE APPROVED for implementation as shown
in Appendix “B” of the Civic Administrations report dated April 9, 2013,
subject to the following modifications being undertaken:
i) the
area marked on Appendix B as `proposed 1.0 m wide hiking trail with wood chip
surface` be changed to a 2.0 m wide hiking trail with wood chip surface, with
a smooth and even solid base, without obstructions, such as visible tree
roots;
ii) the
existing maintenance access/hiking trail be improved to a 3.2m asphalt pathway
north and south of the ‘bend’;
iii) the
only non-asphalt surfaces will be ~225 metres at the “bend” which will be a
boardwalk over the tributary and the 2.0m wood chip hiking trail, noted in
i), above; and,
iv) construction
of i) and ii), above, be completed by June 1, 2014, with the exception of the
Sunningdale West pathway connection;
c) the
Trail Advisory Group (TAG) BE THANKED for their input into this process and
that no further comment be sought with respect to this matter;
d) an
additional inventory to confirm the management zone limits and boardwalk
layout around the ‘bend’ in the Medway Creek to cross the Wonderland Road
Tributary BE INITIATED this spring;
e) implementation
of the recommended trail option, including “on-road” linkages BE INITIATED
and include involvement of the Transportation Division as required by the
City’s Trails Standards in environmentally significant areas;
f) the
Civic Administration BE REQUESTED to continue land acquisition discussions
with private landowners to support implementation of the preferred option;
and,
g) the
Civic Administration BE REQUESTED to develop and implement a monitoring
program for the long-term sustainability of the trail use for intended
objectives that will consider adaptive management where and if required;
it being noted that the
Planning and Environment Committee reviewed and received the following
communications, with respect to this matter:
·
communications from the Sunningdale West Residents Association;
noting that a
petition signed by approximately 209 individuals is on file in the City
Clerk's office;
·
a communication, dated March 28, 2013, from Lori and Keith
Zerebecki, 1966 Valleyrun Boulevard
·
a communication, dated March 27, 2013, from William J. Lyons,
#36 – 1511 Aldersbrook Road;
·
a communication from Dr. Peter Agathos, 2112 Valleyrun
Boulevard;
·
a communication, dated March 27, 2013, from Gordon Wood, 195
Brunswick Crescent;
·
a communication, dated March 27, 2013, from David Potten, 110
West Rivertrace Walk;
·
a communication, dated March 27, 2013, from Fred Fretz, 1984
Valleyrun Boulevard;
·
a communication, dated March 26, 2013, from Bill Davis,
President, Old Masonville Ratepayers Association;
·
a communication, dated March 27, 2013, from Sean Hunt, 2124
Wallingford Avenue;
·
a communication, dated March 24, 2013, from Alain A. Proulx,
Ivey Eye Institute;
·
a communication, dated March 16, 2013, from Anita Caveney, David
and Winnifred Wake, Nature London;
·
a communication from David Bronicheski, 314 Rivertrace Close;
·
a communication from Bruce McMillan, McMillan Company;
·
a communication, dated April 8, 2013, from Mike Harasym, Harasym
Development Inc.,
·
a communication from Carmine Gargarella, Bridlewood Homes;
·
a communication from Judy Kwasnica, #706 – 655 Windermere Road;
·
a communication from Nisha and Adrian Lattanzio, 332 Cornelius
Court;
·
a communication from Ella, Julie, Nicholas and Matteo Votta, 345
Cornelius Court;
·
a communication from Jonathon Batch and Elizabeth Abbott, 231
Pebblecreek Walk;
·
a communication from Bruce and Dana McMillan, 613 Eagletrace
Drive;
·
a communication, dated April 1, 2013, from Laura Price and David
Pringle, 2148 Valleyrun Boulevard;
·
a communication, dated March 31, 2013, from Robert, Janet,
Taylor and Jaxon Lee, 1995 Wallingford Avenue; and,
·
a communication from Julie Robertson, 2128 Valleyrun Boulevard;
it being pointed
out that at the public participation meeting associated with this matter,
the following individuals made oral submissions in connection therewith:
·
C.
Sheculski, Vice President, Sunningdale West Residents Association – advising
that the Manager, Environmental and Parks Planning gave a wonderful history
of the Medway Valley Heritage Trail (Trail); indicating that he contacted the
developer and the City in 2007 to enquire as to how the Trail would connect;
noting that he was advised that it would be based on the 2005 Plan;
indicating that he moved into his residence in 2008; advising that he kept in
touch with the project advancement; noting that he contacted the developer
with respect to the bridges; indicating that an alternative method was found
that did not require a bridge; advising that there has been a change in the
Municipal Council since the commencement of this project; indicating that
there was a public meeting held in December, 2011; indicating that this new
proposal is quite an alarming surprise; noting that it looked like the trail
system was gone; further noting that it did not feel like there was a good
chance for the trail system; indicating that a second public participation meeting
was held; advising that in November, 2012, he asked about the Planning
Advisory Group and the Trails Advisory Group; noting that many of the area
residents expressed concern with their lack of voice on the two groups;
indicating that, in January, 2013, he shared some points and concerns and the
construction of the bridges was reduced to one; indicating that there has
been no change in the community position; advising that 207 area residents
signed their petition; advising that he feels that this is a discussion of
principle; advising that he has spent half of his life working in the
environmental industry; indicating that there is development on every side of
them; and indicating that people are using the trails; advising that he will
continue to advocate for the trails; advising that the enhanced Option 5b is
not there yet; advising that he would like to see the areas up until the
bend, paved with asphalt; noting that split asphalt is acceptable; indicating
that he supports the boardwalk through the bend; expressing agreement with
the two metre trail system; indicating that the bulk of the request for
asphalt is around accessibility or strollers; noting that there are a lot of
elderly residents living in the area; and advising that there is also a seniors
building in the area.
·
Michael
Dawthorne, Chair, Accessibility Advisory Committee and resident of northwest
London – advising that this is a unique opportunity for people with
disabilities; noting that one in seven people have a disability; advising
that there are many trails that are not accessible; indicating that this is
an opportunity to put in a trail that will be used by over 50% of the
residents; advising that the last speaker expressed how passionate people are
about their city; indicating that woodchips and gravel are not accessible;
advising that he realizes that accessibility is expensive; indicating that
the Civic Administration has advised the Accessibility Advisory Committee
that every consideration is given to access; indicating that this is the
first step to see this honoured; and advising that accessibility is not a
price tag, it is a right.
·
Leonard
Fluher,
106 Rhine Avenue – advising that he has been a member of the Trails Advisory
Group since January; indicating that he had a heated discussion with a city
employee; enquiring as to whether or not we should cave into these people;
advising that he is from one of the oldest families in London; indicating
that this is one of the oldest trails in London; advising that John Graves
Simcoe made the access open to everyone (Dundas Street); noting that this is
listed as part of the surrender of London; expressing outrage at the way
people with disabilities are treated; advising that his family has been part
of the forest ranger service; indicating that today is the 99th anniversary
of Vimy Ridge; and providing some family history.
·
David
Bronicheski, 314 Rivertrace Close – advising that he moved to London 10 years
ago; indicating that the most base issue is whether or not this Council will
honour the commitment that the previous Council made 10 years ago when the
sewer went in; advising that he takes visitors to the areas that have been
completed and everyone is impressed; and requesting that the Civic
Administration’s recommendation be rejected and that a continuous asphalt
link be installed.
·
Angela
McGonigle, 297 Cornelius Court – advising that she has lived at her residence
since 2008; indicating that Sunnigdale West is close to the Trail system;
advising that her son relies on a powered wheelchair to get around;
indicating that, through the Ontarians with Disabilities Act, people
are able to access places for work, travel and play; expressing
disappointment that they have been fighting for 8 years for universal access;
advising that it is difficult to ask for compromise but she wants to be able
to take her son for a walk; requesting that the Trail be 2 metres wide, with
a woodchip surface that is smooth and even with no tree roots; advising that
the only non-asphalt surface that she will support is the boardwalk;
requesting that the Trails Advisory Group be thanked for its work; indicating
that there is a difference between those with an interest in a subject and
those who have a stake in a subject; advising that she has attended every
meeting and felt that, as of November, 2012, she was losing her voice on this
matter; indicating that she has volunteered 50 hours of her time on this
matter; expressing hope that the community is being heard tonight; advising
that on page 2 of the Civic Administration’s report, the second last
paragraph mentions that the road pathway was to be built to four metres;
advising that on page 2 of the Civic Administration’s report, the last
sentence, she did not learn about this until 2 ½ years later; indicating that
she was not invited to be a member of the Planning Advisory Group until this
year; advising that in Appendix C of the Civic Administration’s report, the
existing gravel base road gets muddy and wet; advising that on page 12 of the
Civic Administration’s report, the existing dirt hiking trail, what happens
if a wheelchair and a stroller meet up from opposite sides, how do they get
by each other; advising that the area is a natural beauty; and indicating
that with the enhanced Option 5b, her son, Owen cannot get across the creek
to see his friend.
·
Jacqueline
Madden, 2134 Valleyrun Boulevard – advising that she has lived in world class
cities; indicating that London considers itself a world class city and
everything should be done world class, including this Trail.
·
Renee
Agathos, 2112 Valleyrun Boulevard – advising that they have a stake in this
area; indicating that she was not aware of this issue until the Fall of 2011;
indicating that she tried to follow the pathway with children and they were
dumped out just south of Fanshawe Park Road; noting that they walked up to
Wonderland Road, which was scary; indicating that they found their way
through a field and back to the Trail; advising that, with the new work that
has been completed on Wonderland Road North, it does not provide access to
bicycling or rollerblading in safe ways; expressing a preference for the
continuous asphalt pathway; and requesting that sidewalks be built further
away from the road.
·
Alain
Proulx, 2044 Creekbend Place – reiterating the previous comments; advising
that environmentally significant areas deserve respect; and advising that
there is heavy equipment at the sewer.
·
Roslynn
Moorhead, 7 Hastings Gate – advising that environmentally significant areas
are the jewels of London; advising that she was talking to someone visiting
London from Kingston and they were impressed with the beauty of London;
advising that Medway has been compromised by the sewer; noting that there is
some need to compromise, but requesting that everyone remember that this is
not a neighbourhood park; and advising that she does not support a continuous
asphalt pathway.
·
Keith
Zerebecki, 1966 Valley Run Boulevard – indicating that he and his
grandchildren love visiting Plane Tree Park; advising that, if he was on the
Planning and Environment Committee, he would be tempted to vote in favour of
the Civic Administration’s recommendations; noting that the recommendations
add a valuable bridge and paves some of the pathways; indicating that the
enhancements have been well thought through; indicating that one of the
enhancements meets up with the lookout; advising that Option 5b links asphalt
with multi-use pathways; advising that the Trail is an outstanding feature in
the city; advising that if Option 5b is approved, part of the pathway would
be paved; advising that the link for the pathways is 500 metres of additional
asphalt; indicating that there is approximately 80% in place; and expressing
gratitude that only one bridge has to be built, not three.
·
David
Potten, 110 West Rivertrace Walk, on behalf of Friends of Medway Creek –
advising that the 1998 Sunningdale Community Plan had an impact; indicating
that there is no one here from Upper Richmond Village; indicating that there
is no mention of cycling; noting that the alterative is to use Sunningdale
Road, which is unsafe for recreation; advising that phase one of the plan is
north of Fanshawe Park Road; indicating that if people stay on the pathway,
they can keep the area clean; enquiring as to what it will be like in the
summer and when Hickory Heights subdivision is built; advising that 72% of
people voted to use the 50/50 weighing of environmental and social criteria
of the study; indicating that if you cannot put a trail here, no trails would
have positive scores; enquiring why taxpayers money is spent on conducting
environmental studies; expressing appreciation to the members of the Trails
Advisory Group; noting that the Group conducted a site visit, evaluated the
options and reached a consensus; advising that Medway Creek residents educate
the community on responsible environmental options; expressing support for an
enhanced Option 5b; and advising that if half of the access road is paved on
top of the sewer, it will satisfy more people.
·
Sandy
Levin, 59 Longbow Road, on behalf of the Orchard Park/Sherwood Forest
Ratepayers Association – advising that he served on the Planning Advisory
Group; recommending that the Trails Advisory Group should continue; advising
that the policies and practices that the Municipal Council implements are what
balances the conflicts between neighbourhoods; indicating that, by improving
the access to the Trails, you are turning them into bicycle lanes; advising
that someone took leaf bags and threw them in the bollard; advising that
Option 5b might be the right compromise; indicating that this is only one
part of the environmentally significant areas; enquiring as to whether the
next step is to provide access through the entire environmentally significant
areas; indicating that Option 5b bends the rules of the Official Plan a bit,
but does not break them; indicating that the issues with the muddy areas are
a result of the fallout from the sewer work being undertaken; and advising
that no one is going to get what they want.
·
Bill
Davis, Old Masonville Residents Association – advising that people have
provided reasons for approving or disapproving the Civic Administration’s
recommendations; and indicating that the environmentally significant areas
can be protected.
·
Susan
Blocker, 367 Grosvenor Street – advising that there is an excellent park
system in the City; indicating that environmentally significant areas are
different than park systems; advising that environmentally significant areas
are not just for us, but are to protect and preserve other species; and
advising that she does not support the continuation of the asphalt pathway.
·
Jack
Blocker, 367 Grosvenor Street – reminding the Committee that there is one set
of actors who have an even larger stake in this, the wildlife who will be
impacted with the increase in human traffic; advising that the Municipal
Council passed a resolution to suspend asphalt paving in environmentally
significant areas in 2009; indicating that with an increase in asphalt
paving, there is an increase in human traffic; advising that all Londoners
have the advantage of natural areas in the City; indicating that he agrees
with the Environmental and Ecological Planning Advisory Committee
recommendation to weigh environmental consideration, with Options 3, 5a and
7b being given the highest priority; and noting that these recommendations
are cheaper.
·
David
Wake, Nature London – advising that the Medway Valley Trail is an
environmentally significant areas and is set aside for all the reasons that
we know about; advising that the issue of the bend around the River is a
substantial issue; advising that trails and bicycles are not allowed in
environmentally significant areas; requesting the minimum footprint be
allotted for the bend in the Trail; and recommending that bicycle racks
should be placed at the end of the asphalt trail so that people can walk, not
bicycle.
·
Winnifred
Wake, Nature London – supporting her husband’s comments; requesting that the
integrity of environmentally significant areas be put first; advising that a
lot of compromise has already taken place; and recommending the minimum
footprint around the bend in the Trail.
·
Anita
Caveney, Nature London – advising that Nature London is relentless in its
protection of environmentally significant areas; advising that there are
reasons why environmentally significant areas are given that designation;
indicating that these reasons should be considered first and foremost;
expressing disappointment to hear how other people put their interests first;
and reading an exemption from the Ontarians with Disabilities Act
relating to environmentally significant areas.
·
Lori
Pratt, 519 Sundance Place – advising that, even with all of the building
going on, she sees all kinds of wildlife; and indicating that she loves
nature and wants to enjoy it.
·
Jim
Cushing, 25 Elmwood Avenue East – advising that he enjoys the paved pathways
in the parks; and indicating that he does not want to see pathways in
environmentally significant areas.
·
Chester
Pawlowski, 178 St. Bees Close – indicating that the 2005 Medway Valley Heritage
Trail Plan was on track; advising that Sandy Levin and the Attawandaron
Residents supported the 2005 Plan; indicating that, with respect to
Councillor Henderson’s concerns relating to the bend in the Trail, Stantec
reported on the costs and assessment; and advising that this information is
not provided in the Civic Administration’s report. (2013-E20)
|
|
At 7:32 PM, His Worship the Mayor places
Councillor P. Hubert in the Chair and takes a seat at the Council Board.
|
|
At 7:37 PM, His Worship the Mayor resumes
the Chair and Councillor P. Hubert takes his seat at the Council Board.
|
At 7:42 PM Councillor J.B. Swan enters the
meeting.
|
Pursuant to section 7.2 of the Council
Procedure By-law, Councillor J.L. Beachler requests a separate vote on parts
b) i), b)ii) and b)iii) of clause 15 of the 8th Report of the Planning and
Environment Committee.
|
|
Motion made by Councillor S.E. White and
seconded by Councillor P. Hubert to Amend clause 15 by adding the following
new paragraph immediately after part g): "it being noted that the
Council identifies the history and significance of the area and that the
above-noted project is a unique scenario and that this will not be a standard
or precedent for other ESA;"
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, S.E. White (12)
NAYS: H.L. Usher (1)
|
|
Motion made by Councillor B. Polhill to
Approve parts i), ii) and iii) of part b) of clause 15.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, M. Brown, D.G. Henderson, P. Van Meerbergen, S.E. White (8)
NAYS: W.J. Armstrong, J.L. Baechler, P.
Hubert, D. Brown, H.L. Usher (5)
|
|
Motion made by Councillor B. Polhill to
Approve the remainder of clause 15, as amended.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, S.E. White (11)
NAYS: D. Brown, H.L. Usher (2)
Clause 15, as amended, reads as follows:
That the following actions be taken with
respect to the Medway Valley Heritage Forest Environmentally Significant
Area, North Trail Master Planning Study:
a) the
Medway Valley Heritage Forest North Environmentally Significant Area Trail
Master Planning Study, March, 2013 BE ACCEPTED;
b) Trail
Option 5B - ‘Enhanced Accessibility’ BE APPROVED for implementation as shown
in Appendix “B” of the Civic Administrations report dated April 9, 2013,
subject to the following modifications being undertaken:
i) the
area marked on Appendix B as `proposed 1.0 m wide hiking trail with wood chip
surface` be changed to a 2.0 m wide hiking trail with wood chip surface, with
a smooth and even solid base, without obstructions, such as visible tree
roots;
ii) the
existing maintenance access/hiking trail be improved to a 3.2m asphalt
pathway north and south of the ‘bend’;
iii) the
only non-asphalt surfaces will be ~225 metres at the “bend” which will be a
boardwalk over the tributary and the 2.0m wood chip hiking trail, noted in
i), above; and,
iv) construction
of i) and ii), above, be completed by June 1, 2014, with the exception of the
Sunningdale West pathway connection;
c) the
Trail Advisory Group (TAG) BE THANKED for their input into this process and
that no further comment be sought with respect to this matter;
d) an
additional inventory to confirm the management zone limits and boardwalk
layout around the ‘bend’ in the Medway Creek to cross the Wonderland Road
Tributary BE INITIATED this spring;
e) implementation
of the recommended trail option, including “on-road” linkages BE INITIATED
and include involvement of the Transportation Division as required by the
City’s Trails Standards in environmentally significant areas;
f) the
Civic Administration BE REQUESTED to continue land acquisition discussions
with private landowners to support implementation of the preferred option;
and,
g) the
Civic Administration BE REQUESTED to develop and implement a monitoring
program for the long-term sustainability of the trail use for intended
objectives that will consider adaptive management where and if required;
it being noted that the Council identifies
the history and significance of the area and that the above-noted project is
a unique scenario and that this will not be a standard or precedent for other
ESA;
it being noted that the
Planning and Environment Committee reviewed and received the following
communications, with respect to this matter:
·
communications from the Sunningdale West Residents Association;
noting that a
petition signed by approximately 209 individuals is on file in the City
Clerk's office;
·
a communication, dated March 28, 2013, from Lori and Keith
Zerebecki, 1966 Valleyrun Boulevard
·
a communication, dated March 27, 2013, from William J. Lyons,
#36 – 1511 Aldersbrook Road;
·
a communication from Dr. Peter Agathos, 2112 Valleyrun
Boulevard;
·
a communication, dated March 27, 2013, from Gordon Wood, 195
Brunswick Crescent;
·
a communication, dated March 27, 2013, from David Potten, 110 West
Rivertrace Walk;
·
a communication, dated March 27, 2013, from Fred Fretz, 1984
Valleyrun Boulevard;
·
a communication, dated March 26, 2013, from Bill Davis,
President, Old Masonville Ratepayers Association;
·
a communication, dated March 27, 2013, from Sean Hunt, 2124
Wallingford Avenue;
·
a communication, dated March 24, 2013, from Alain A. Proulx,
Ivey Eye Institute;
·
a communication, dated March 16, 2013, from Anita Caveney, David
and Winnifred Wake, Nature London;
·
a communication from David Bronicheski, 314 Rivertrace Close;
·
a communication from Bruce McMillan, McMillan Company;
·
a communication, dated April 8, 2013, from Mike Harasym, Harasym
Development Inc.,
·
a communication from Carmine Gargarella, Bridlewood Homes;
·
a communication from Judy Kwasnica, #706 – 655 Windermere Road;
·
a communication from Nisha and Adrian Lattanzio, 332 Cornelius
Court;
·
a communication from Ella, Julie, Nicholas and Matteo Votta, 345
Cornelius Court;
·
a communication from Jonathon Batch and Elizabeth Abbott, 231
Pebblecreek Walk;
·
a communication from Bruce and Dana McMillan, 613 Eagletrace
Drive;
·
a communication, dated April 1, 2013, from Laura Price and David
Pringle, 2148 Valleyrun Boulevard;
·
a communication, dated March 31, 2013, from Robert, Janet,
Taylor and Jaxon Lee, 1995 Wallingford Avenue; and,
·
a communication from Julie Robertson, 2128 Valleyrun Boulevard;
it being pointed
out that at the public participation meeting associated with this matter,
the following individuals made oral submissions in connection therewith:
·
C.
Sheculski, Vice President, Sunningdale West Residents Association – advising
that the Manager, Environmental and Parks Planning gave a wonderful history
of the Medway Valley Heritage Trail (Trail); indicating that he contacted the
developer and the City in 2007 to enquire as to how the Trail would connect;
noting that he was advised that it would be based on the 2005 Plan;
indicating that he moved into his residence in 2008; advising that he kept in
touch with the project advancement; noting that he contacted the developer
with respect to the bridges; indicating that an alternative method was found
that did not require a bridge; advising that there has been a change in the
Municipal Council since the commencement of this project; indicating that
there was a public meeting held in December, 2011; indicating that this new
proposal is quite an alarming surprise; noting that it looked like the trail
system was gone; further noting that it did not feel like there was a good
chance for the trail system; indicating that a second public participation
meeting was held; advising that in November, 2012, he asked about the
Planning Advisory Group and the Trails Advisory Group; noting that many of
the area residents expressed concern with their lack of voice on the two groups;
indicating that, in January, 2013, he shared some points and concerns and the
construction of the bridges was reduced to one; indicating that there has
been no change in the community position; advising that 207 area residents
signed their petition; advising that he feels that this is a discussion of
principle; advising that he has spent half of his life working in the
environmental industry; indicating that there is development on every side of
them; and indicating that people are using the trails; advising that he will
continue to advocate for the trails; advising that the enhanced Option 5b is
not there yet; advising that he would like to see the areas up until the
bend, paved with asphalt; noting that split asphalt is acceptable; indicating
that he supports the boardwalk through the bend; expressing agreement with
the two metre trail system; indicating that the bulk of the request for
asphalt is around accessibility or strollers; noting that there are a lot of
elderly residents living in the area; and advising that there is also a
seniors building in the area.
·
Michael
Dawthorne, Chair, Accessibility Advisory Committee and resident of northwest
London – advising that this is a unique opportunity for people with
disabilities; noting that one in seven people have a disability; advising
that there are many trails that are not accessible; indicating that this is
an opportunity to put in a trail that will be used by over 50% of the
residents; advising that the last speaker expressed how passionate people are
about their city; indicating that woodchips and gravel are not accessible;
advising that he realizes that accessibility is expensive; indicating that
the Civic Administration has advised the Accessibility Advisory Committee
that every consideration is given to access; indicating that this is the
first step to see this honoured; and advising that accessibility is not a
price tag, it is a right.
·
Leonard
Fluher,
106 Rhine Avenue – advising that he has been a member of the Trails Advisory
Group since January; indicating that he had a heated discussion with a city
employee; enquiring as to whether or not we should cave into these people;
advising that he is from one of the oldest families in London; indicating
that this is one of the oldest trails in London; advising that John Graves
Simcoe made the access open to everyone (Dundas Street); noting that this is
listed as part of the surrender of London; expressing outrage at the way
people with disabilities are treated; advising that his family has been part
of the forest ranger service; indicating that today is the 99th anniversary
of Vimy Ridge; and providing some family history.
·
David
Bronicheski, 314 Rivertrace Close – advising that he moved to London 10 years
ago; indicating that the most base issue is whether or not this Council will
honour the commitment that the previous Council made 10 years ago when the
sewer went in; advising that he takes visitors to the areas that have been
completed and everyone is impressed; and requesting that the Civic Administration’s
recommendation be rejected and that a continuous asphalt link be installed.
·
Angela
McGonigle, 297 Cornelius Court – advising that she has lived at her residence
since 2008; indicating that Sunnigdale West is close to the Trail system;
advising that her son relies on a powered wheelchair to get around;
indicating that, through the Ontarians with Disabilities Act, people
are able to access places for work, travel and play; expressing
disappointment that they have been fighting for 8 years for universal access;
advising that it is difficult to ask for compromise but she wants to be able
to take her son for a walk; requesting that the Trail be 2 metres wide, with
a woodchip surface that is smooth and even with no tree roots; advising that
the only non-asphalt surface that she will support is the boardwalk;
requesting that the Trails Advisory Group be thanked for its work; indicating
that there is a difference between those with an interest in a subject and
those who have a stake in a subject; advising that she has attended every
meeting and felt that, as of November, 2012, she was losing her voice on this
matter; indicating that she has volunteered 50 hours of her time on this
matter; expressing hope that the community is being heard tonight; advising
that on page 2 of the Civic Administration’s report, the second last
paragraph mentions that the road pathway was to be built to four metres;
advising that on page 2 of the Civic Administration’s report, the last
sentence, she did not learn about this until 2 ½ years later; indicating that
she was not invited to be a member of the Planning Advisory Group until this
year; advising that in Appendix C of the Civic Administration’s report, the
existing gravel base road gets muddy and wet; advising that on page 12 of the
Civic Administration’s report, the existing dirt hiking trail, what happens
if a wheelchair and a stroller meet up from opposite sides, how do they get
by each other; advising that the area is a natural beauty; and indicating
that with the enhanced Option 5b, her son, Owen cannot get across the creek
to see his friend.
·
Jacqueline
Madden, 2134 Valleyrun Boulevard – advising that she has lived in world class
cities; indicating that London considers itself a world class city and
everything should be done world class, including this Trail.
·
Renee
Agathos, 2112 Valleyrun Boulevard – advising that they have a stake in this
area; indicating that she was not aware of this issue until the Fall of 2011;
indicating that she tried to follow the pathway with children and they were
dumped out just south of Fanshawe Park Road; noting that they walked up to
Wonderland Road, which was scary; indicating that they found their way
through a field and back to the Trail; advising that, with the new work that
has been completed on Wonderland Road North, it does not provide access to
bicycling or rollerblading in safe ways; expressing a preference for the
continuous asphalt pathway; and requesting that sidewalks be built further
away from the road.
·
Alain
Proulx, 2044 Creekbend Place – reiterating the previous comments; advising
that environmentally significant areas deserve respect; and advising that
there is heavy equipment at the sewer.
·
Roslynn
Moorhead, 7 Hastings Gate – advising that environmentally significant areas
are the jewels of London; advising that she was talking to someone visiting
London from Kingston and they were impressed with the beauty of London;
advising that Medway has been compromised by the sewer; noting that there is
some need to compromise, but requesting that everyone remember that this is
not a neighbourhood park; and advising that she does not support a continuous
asphalt pathway.
·
Keith
Zerebecki, 1966 Valley Run Boulevard – indicating that he and his
grandchildren love visiting Plane Tree Park; advising that, if he was on the
Planning and Environment Committee, he would be tempted to vote in favour of
the Civic Administration’s recommendations; noting that the recommendations
add a valuable bridge and paves some of the pathways; indicating that the
enhancements have been well thought through; indicating that one of the
enhancements meets up with the lookout; advising that Option 5b links asphalt
with multi-use pathways; advising that the Trail is an outstanding feature in
the city; advising that if Option 5b is approved, part of the pathway would
be paved; advising that the link for the pathways is 500 metres of additional
asphalt; indicating that there is approximately 80% in place; and expressing
gratitude that only one bridge has to be built, not three.
·
David
Potten, 110 West Rivertrace Walk, on behalf of Friends of Medway Creek –
advising that the 1998 Sunningdale Community Plan had an impact; indicating
that there is no one here from Upper Richmond Village; indicating that there
is no mention of cycling; noting that the alterative is to use Sunningdale
Road, which is unsafe for recreation; advising that phase one of the plan is
north of Fanshawe Park Road; indicating that if people stay on the pathway,
they can keep the area clean; enquiring as to what it will be like in the
summer and when Hickory Heights subdivision is built; advising that 72% of
people voted to use the 50/50 weighing of environmental and social criteria
of the study; indicating that if you cannot put a trail here, no trails would
have positive scores; enquiring why taxpayers money is spent on conducting
environmental studies; expressing appreciation to the members of the Trails
Advisory Group; noting that the Group conducted a site visit, evaluated the
options and reached a consensus; advising that Medway Creek residents educate
the community on responsible environmental options; expressing support for an
enhanced Option 5b; and advising that if half of the access road is paved on
top of the sewer, it will satisfy more people.
·
Sandy
Levin, 59 Longbow Road, on behalf of the Orchard Park/Sherwood Forest
Ratepayers Association – advising that he served on the Planning Advisory
Group; recommending that the Trails Advisory Group should continue; advising
that the policies and practices that the Municipal Council implements are
what balances the conflicts between neighbourhoods; indicating that, by
improving the access to the Trails, you are turning them into bicycle lanes;
advising that someone took leaf bags and threw them in the bollard; advising
that Option 5b might be the right compromise; indicating that this is only
one part of the environmentally significant areas; enquiring as to whether
the next step is to provide access through the entire environmentally
significant areas; indicating that Option 5b bends the rules of the Official
Plan a bit, but does not break them; indicating that the issues with the
muddy areas are a result of the fallout from the sewer work being undertaken;
and advising that no one is going to get what they want.
·
Bill
Davis, Old Masonville Residents Association – advising that people have
provided reasons for approving or disapproving the Civic Administration’s
recommendations; and indicating that the environmentally significant areas
can be protected.
·
Susan
Blocker, 367 Grosvenor Street – advising that there is an excellent park
system in the City; indicating that environmentally significant areas are
different than park systems; advising that environmentally significant areas
are not just for us, but are to protect and preserve other species; and
advising that she does not support the continuation of the asphalt pathway.
·
Jack
Blocker, 367 Grosvenor Street – reminding the Committee that there is one set
of actors who have an even larger stake in this, the wildlife who will be
impacted with the increase in human traffic; advising that the Municipal
Council passed a resolution to suspend asphalt paving in environmentally
significant areas in 2009; indicating that with an increase in asphalt
paving, there is an increase in human traffic; advising that all Londoners
have the advantage of natural areas in the City; indicating that he agrees
with the Environmental and Ecological Planning Advisory Committee
recommendation to weigh environmental consideration, with Options 3, 5a and
7b being given the highest priority; and noting that these recommendations
are cheaper.
·
David
Wake, Nature London – advising that the Medway Valley Trail is an
environmentally significant areas and is set aside for all the reasons that
we know about; advising that the issue of the bend around the River is a
substantial issue; advising that trails and bicycles are not allowed in
environmentally significant areas; requesting the minimum footprint be
allotted for the bend in the Trail; and recommending that bicycle racks
should be placed at the end of the asphalt trail so that people can walk, not
bicycle.
·
Winnifred
Wake, Nature London – supporting her husband’s comments; requesting that the
integrity of environmentally significant areas be put first; advising that a
lot of compromise has already taken place; and recommending the minimum
footprint around the bend in the Trail.
·
Anita
Caveney, Nature London – advising that Nature London is relentless in its
protection of environmentally significant areas; advising that there are
reasons why environmentally significant areas are given that designation;
indicating that these reasons should be considered first and foremost;
expressing disappointment to hear how other people put their interests first;
and reading an exemption from the Ontarians with Disabilities Act
relating to environmentally significant areas.
·
Lori
Pratt, 519 Sundance Place – advising that, even with all of the building
going on, she sees all kinds of wildlife; and indicating that she loves nature
and wants to enjoy it.
·
Jim
Cushing, 25 Elmwood Avenue East – advising that he enjoys the paved pathways
in the parks; and indicating that he does not want to see pathways in
environmentally significant areas.
·
Chester
Pawlowski, 178 St. Bees Close – indicating that the 2005 Medway Valley
Heritage Trail Plan was on track; advising that Sandy Levin and the
Attawandaron Residents supported the 2005 Plan; indicating that, with respect
to Councillor Henderson’s concerns relating to the bend in the Trail, Stantec
reported on the costs and assessment; and advising that this information is
not provided in the Civic Administration’s report. (2013-E20)
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Motion made by Councillor P. Van Meerbergen
to Approve clauses 1 to 13, inclusive.
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At
8:26 PM, Councillor J.B. Swan leaves the meeting.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That, on the recommendation of the Director
- Environment, Fleet and Solid Waste, the staff report, dated April 8, 2013
with respect to Environmental Programs Updates BE RECEIVED. (2013-E01)
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That, on the recommendation of the
Director, Environment, Fleet and Solid Waste, the attached revised
comments BE APPROVED and BE SUBMITTED to the Ministry of Environment by April
20, 2013, in response to the Environmental Bill of Rights Registry posting
(EBR 011-8496) titled “Halton Recycling Ltd.” (2013-E02)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to awarding the contract for the
Southdale Road West Widening from Wonderland Road to Wharncliffe Road
(TS1486, TS1254-12, ES2467, EW3543):
a) the
bid submitted by Bre-Ex Limited, 247 Exeter Road, London, N6L1A5, at its
submitted tendered price of $6,001,132.08 (excluding H.S.T.) for the 2013
Southdale Road Widening Contract BE ACCEPTED; it being noted that the bid
submitted by Bre-Ex Limited was the lowest of six (6) bids received and meets
the City’s specifications and requirements in all areas;
b) Stantec
Consulting Limited, 1069 Wellington Road South, Suite 214, London, Ontario,
N6E 1H6 BE APPOINTED Consulting Engineers for the contract administration and
resident supervision of the said project in the amount of $567,050.00
(excluding H.S.T.), in accordance with Section 15.2 (g) of the Procurement of
Goods and Services Policy and based upon the fee Guideline for Professional
Engineering Services, recommended by the Ontario Society of Professional
Engineers;
c) future
additional annual operating costs of $17,000.00 BE APPROVED as a first
priority commitment from available assessment growth in 2014, subject to
final budget approval;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 8, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-32); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of a contract for the
Meadowlily Footbridge Rehabilitation Project (TS1213):
a) the
bid submitted by McLean Taylor Construction Limited, 25 Water Street, St.
Marys, ON N4X 1B1, at its submitted tendered price of $1,919,939.80
(excluding H.S.T.), for the Meadowlily Footbridge Rehabilitation Project BE
ACCEPTED; it being noted that the bid submitted by McLean Taylor Construction
Limited was the lowest of five (5) bids received and meets the City's
specifications and requirements in all areas;
b) AECOM
Canada Ltd, 250 York Street, Suite 410, London, Ontario, N6A 6K2 BE
AUTHORIZED to carry out the resident inspection and contract administration
of the said project in the amount of $149,490.00 (excluding H.S.T.), in
accordance with Section 15.2(g) of the Procurement of Goods and Services
Policy;
c) the
consulting fee for the project identified in (b), above, which is in accordance
with the estimate on file, and which is based upon the Fee Guideline for
Professional Engineering Services recommended by the Ontario Society of
Professional Engineers BE APPROVED;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 8, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract for the material to be supplied and the work to be done
relating to this project (Tender 13-16); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of the contract for the
2013 Arterial Road Rehabilitation Contract (TS1446-13):
a) the
bid submitted by Coco Paving Inc. 1865 Clarke Road, London ON N5X 3Z6, at its
submitted tendered price of $4,683,000.00 (excluding H.S.T.), for the 2013
Arterial Road Rehabilitation Contract, BE ACCEPTED; it being pointed out that
the bid submitted by Coco Paving Inc. was the lowest of two (2) bids received
and meets the City’s specifications and requirements in all areas; it being
further noted that there is no anticipated additional operating costs to the
Environmental and Engineering Services budget in 2014 and subsequent years
associated with approval of this tender;
b) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report dated April 8, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
d) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-18); and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director – Environmental and Engineering Services and City Engineer, and the
concurrence of the Director-Environment, Fleet and Solid Waste, that the
following actions be taken:
a) the
negotiated amount with Strongco Limited Partnership, 6171 Colonel Talbot
Road, London, ON N6P 1J2, for the supply and delivery of one (1) Case Model
590SN Tractor Backhoe at their proposed price of $130,000.00, 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 Sources of Finance
Report appended to the staff report dated April, 8, 2013;
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. (2013-F18)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of contracts for the
2013 Lifecycle Renewal Program, Contract #4: Edward Street Reconstruction
Project (ES2414-13, EW3765-13, TS3014-13):
a) the
bid submitted by Bre-Ex Ltd. (Bre-Ex), 247 Exeter Road, London, ON, N6L 1A5,
at its tendered price of $2,737,897.60 (excluding H.S.T.), for the 2013
Infrastructure Lifecycle Renewal Program, Contract #4 project, BE ACCEPTED;
it being pointed out that the bid submitted by Bre-Ex Ltd. was the lowest of
nine bids received and meets the City's specifications and requirements in all
areas;
b) Archibald,
Gray, McKay Consulting Engineers (AGM), 3514 White Oak Road London ON, N6E
2Z9, BE AUTHORIZED to carry out the resident inspection and contract
administration for the said project in accordance with the estimate, on file,
at an upset amount of $279,119.00 (excluding H.S.T.); it being noted that
this firm completed the engineering design, based upon the Fee Guideline for
Professional Engineering Services, recommended by the Ontario Society of
Professional Engineers; and in accordance with Section 15.2 (g) of the City
of London’s Procurement of Goods and Services Policy;
c) minor
future additional annual operating costs of $900.00 BE RECOGNIZED as a result
of this project; it being noted that these costs are as a result of new infrastructure
installation and will be considered and accommodated within future Water
& Wastewater operating budgets;
d) the
financing for this project BE APPROVED as set out in the Sources of Financing
Report appended to the staff report date April 8, 2013;
e) the
Civic Administration BE AUTHORIZED to undertake all the administrative acts
that are necessary in connection with this project;
f) the
approval given herein BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-05); and,
g) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the attached
proposed by-law (Appendix “A”) BE INTRODUCED at the Municipal Council meeting
to be held on April 16, 2013 for the purpose of amending the Traffic and
Parking By-law (P.S. 111). (2013-C01)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken with respect to the award of a contract for Tender
13-36, Replacement of Sidewalks, Curb & Gutter and Hot Mix Asphalt:
a) the
bid submitted by McCann Paving Inc., P.O. Box 100, Stratford, Ontario N5A 6S8
at their tendered price of $2,507,254.08 (excluding HST) BE ACCEPTED; it
being noted that the bid submitted by McCann Paving Inc. was the lowest of
five bids received and meets the City’s specifications and requirements in
all areas;
b) the
financing for this project BE APPROVED as set out in the Sources of Finance
Report appended to the staff report dated April 8, 2013;
c) the
Civic Administration BE AUTHORIZED to undertake all of the administrative
acts that are necessary in connection with this contract;
d) the
approval hereby given BE CONDITIONAL upon the Corporation entering into a
formal contract or issuing a purchase order for the material to be supplied
and the work to be done relating to this project (Tender 13-36); and,
e) the
Mayor and the City Clerk BE AUTHORIZED to execute any contract or other
documents, if required, to give effect to these recommendations. (2013-L04)
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That, on the recommendation of the Director
of Roads and Transportation, NO ACTION BE TAKEN with respect to installing an
intersection pedestrian signal on Richmond Street at Piccadilly Street.
(2013-T07)
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That, on the recommendation of the Managing
Director, Environmental and Engineering Services and City Engineer, the
following actions be taken to clarify and consolidate changes to the relevant
water, wastewater and stormwater rates, fees and charges, which came into
effect March 1, 2013:
a) the
attached proposed by-law (Appendix ‘A’) to repeal and replace By-law
No. W-3 entitled “A by-law to provide for the Regulation of Water Supply in
the City of London”, and By-law No. W-7 entitled “A by-law to provide for the
setting of rates and charges for water supply in the City of London”, BE
INTRODUCED at the Municipal Council meeting on April 16, 2013;
b) the
attached proposed by-law (Appendix ‘B’) to repeal and replace By-law
No. WM-15 entitled “A by-law for imposing a sewer system charge”, By-law No.
WM-26 entitled “A by-law to establish the Schedule of Sewer System Fees and
Charges”, and By-law No. W.-1911-23 entitled “A by-law to regulate the
charges to property owners who connect their properties to the sewer works of
the City of London”, BE INTRODUCED at the Municipal Council meeting on April
16, 2013; and,
c) the
staff report dated April 8, 2013 with respect to these matters BE RECEIVED;
it being noted that the CWC received the attached
presentation from R. Welker, Division Manager, with respect to this matter;
it being pointed out that at the public
participation meeting associated with this matter, the following individual
made an oral submission in connection therewith:
• Gary
Brown, 59 Ridout Street – indicating there should be a stormwater charge for
commercial or private parking lots, stating if there is no charge for parking
lots this creates an unfair advantage and encourages speculation; and amounts
to a tax break noting that parking lots have a great impact on the sewer
system because of storm run off; and congratulating staff for their work on
moving towards a fairer system. (2013-C01)
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That, the attached presentation from
J. Braam, Managing Director, Environmental and Engineering Services and City
Engineer, with respect to Environmental and Engineering Initiatives BE
RECEIVED for information.
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Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
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Motion made by Councillor J.L. Baechler to
Approve clauses 1 to 16, excluding clauses 13 and 15.
Pursuant to section 17.2 of the Council
Procedure By-law, Councillor D. Brown calls for a separate vote on clauses 11
and 12.
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That it BE NOTED that no pecuniary
interests were disclosed.
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That, on the recommendation of the Managing
Director, Planning and City Planner, the staff report dated April 9, 2013,
with respect to the lands generally bounded by the Canadian Pacific Railway
to the north, Quebec Street and Burbrook Place to the west, Dundas Street to
the south and Ashland Avenue and McCormick Boulevard to the east, BE
RECEIVED. (2013-E20)
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That, on the recommendation of the Managing
Director, Planning and City Planner, the staff report dated April 9, 2013,
with respect to city-wide Official Plan and Zoning By-law Amendments, as it
relates to secondary dwelling units, BE CIRCULATED for public comment; it
being noted that the matter shall be considered at a future public
participation meeting of the Planning and Environment Committee. (2013-D14A)
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That, on the recommendation of the Senior
Planner, Development Services, the Approval Authority BE ADVISED that
Municipal Council supports a one (1) year extension of draft approval for
draft approved plan 39T-08501, submitted by Highland Green London Inc.,
prepared by ENG Plus (Project No. 06.257), certified by J. Andrew Smith OLS,
on December 18, 2007, as red line amended, which shows 27 single detached
residential lots served by an extension of Edwin Drive and an extension of
Carnegie Lane SUBJECT TO the previously approved conditions as modified on
January 19, 2011. (2013-D12)
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That, on the recommendation of the Senior
Planner, based on the application of York Development Group, relating to the
property located at 3047 Tillman Road, the proposed by-law, as appended to
the staff report dated April 9, 2013 BE INTRODUCED at the Municipal Council
meeting to be held on April 16, 2013, to amend Zoning By-law No. Z.-1, (in
conformity with the Official Plan), to change the zoning of the subject lands
FROM a Holding Restricted Office/Residential R9/Convenience Commercial
(h-5.h-53.h-55.h-56.RO2/R9-7.H40/CC6) Zone TO a Restricted Office/Residential
R9/Convenience Commercial (RO2/R9-7.H40/CC6) Zone to remove the “h-5”,
“h-53”, “h-55” and “h-56” holding provisions. (2013-D14A)
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That, on the recommendation of the Senior
Planner, Development Services, based on the application of Sifton Properties
Limited, relating to the property located at 3200 Singleton Avenue, the
proposed by-law, as appended to the staff report dated April 9, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on April 16, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
remove holding provisions “h”, “h-54”, “h-71”, “h-100”, and “h-105” from 3200
Singleton Avenue and to retain holding provision “h-136” and the Residential
Special Provision R5-6(6), R6-5(30) and R8-4(16) Zones. (2013-D14A)
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That, on the recommendation of the Managing
Director, Development and Compliance Services & Chief Building Official,
the Civic Administration’s report, dated April 9, 2013, relating to 2012
building permit fees collected and costs of administration and enforcement of
the Building Code Act and regulations, for 2012, BE RECEIVED; it being noted
that the Civic Administration is requested to provide a further update to the
Planning and Environment Committee in July, 2013. (2013-P10)
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That, the following actions be taken with
respect to the 4th Report of the Environmental and Ecological Planning
Advisory Committee from its meeting held on March 21, 2013:
a) the
following actions be taken with respect to the Conditions of Draft Approval
included with the Notice dated February 15, 2013, from N. McKee, Senior
Planner, with respect to an application submitted by 700541 Ontario Limited,
relating to the property located at 1300 Fanshawe Park Road East:
i) conditions
30, 31 and 32 should BE RETAINED;
ii) the
last line of condition 33 should BE REMOVED;
iii) the
final boundaries of the natural hazard lands BE DETERMINED;
iv) all
natural heritage issues BE RESOLVED, prior to the approval of this
application;
v) the
Stoney Creek Master Drainage Plan, the Stoney Creek Stormwater Management
Class Environmental Assessment, and any applications for the construction of
the Stoney Creek On-line Flood Control Facility, that may be outstanding, BE
COMPLETED prior to the approval of this application; and,
vi) the
Environmental and Ecological Planning Advisory Committee BE CIRCULATED
the Environmental Impact Statement for the proposed stormwater management
pond;
b) the
Civic Administration BE REQUESTED to provide the following to the Environmental
and Ecological Planning Advisory Committee, within the context of the
Planning Department Work Plan Priorities:
i) the
encroachment inventory for the Kilally ESA;
ii) the
Manager, Licensing and Municipal Law Enforcement BE REQUESTED to provide a presentation
with respect to encroachments - actions that can be taken to ensure a higher
enforcement priority, the types and how encroachments are addressed, to a
future meeting of the Environmental and Ecological Planning Advisory
Committee;
iii) the
Restoration Protocols, prepared by J. Bruin, Landscape Architect/Parks
Planner;
iv) the
Manager, Parks Planning and Design BE REQUESTED to provide a presentation
with respect to the Management of Wildlife Trees in ESAs;
v) prepare
a summary on the deer studies prepared by Dr. Bazely; and,
vi) a copy of the Nature London
template forms;
c) that clauses 3 through 12,
inclusive, of the 4th Report of the EEPAC, BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from Dean Sheppard, Chair,
EEPAC, with respect to these matters.
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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 Agent Realty Ltd. (2049401 Ontario Ltd.),
relating to the property located at 555-557 Ridout Street North:
a) the
proposed by-law, as appended to the staff report dated April 9, 2013 BE
INTRODUCED at the Municipal Council meeting to be held on April 16, 2013, to
amend Zoning By-law No. Z.-1, (in conformity with the Official Plan), to
change the zoning of the subject property FROM a Residential R4 Special
Provision/Residential R5/ Residential R8 (R4-6(1)/R5-5/R8-2) Zone, which permits
street townhouse, cluster townhouse, apartment buildings, handicapped persons
apartment buildings, lodging house class 2, stacked townhousing, senior
citizen apartment buildings, emergency care establishments, continuum-of-care
facilities TO a Residential R4 Special Provision/Residential R5/Residential
R8/Temporary Use (R4-6(1)/R5-5/R8-2/T-__) Zone, to permit a real estate
agency use for a temporary period not exceeding three (3) years; and,
b) the
request to amend Zoning By-law No. Z.-1 to change the zoning of the subject
property FROM a Residential R4 Special Provision/Residential R5/ Residential
R8 (R4-6(1)/R5-5/R8-2) Zone, which permits street townhouse, cluster
townhouse, apartment buildings, handicapped persons apartment buildings,
lodging house class 2, stacked townhousing, senior citizen apartment
buildings, emergency care establishments, continuum-of-care facilities TO a
Residential R4 Special Provision/Residential R5/Residential R8/Temporary Use
(R4-6(1)/R5-5/R8-2/T-__) Zone, to permit Service Offices and Professional
Offices BE REFUSED for the following reasons:
i) temporary
zones are intended to support a single new use and to be implemented for a
short period of time;
ii) the
additional uses permitted by the Service Office and Professional Office
definitions would promote additional tenants on site that are not associated
with the proposed future high density residential use intended to be
developed on the site; and,
iii) the
request for Service Offices and Professional Offices could lead to potential
long term office uses on the site;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Steven
Cromwell, Zelinka Priamo Ltd., on behalf of the applicant – expressing
support for the Civic Administration’s recommendations.
·
Barry
Gribb, 549 Ridout Street – advising that he has no issues with the
recommendations being proposed by the Civic Administration; expressing
concern with the removal of trees on the property; noting that the view from
his building has deteriorated; requesting assurance that the driveway and
landscaping will continue to be implemented; and requesting that, if
possible, mature trees be planted. (2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, with the advice of the Heritage Planner,
the following actions be taken with respect to the creation of a Heritage
Conservation District for the Wortley Village-Old South neighbourhood:
a) the
Wortley Village-Old South Plan and Guidelines BE CIRCULATED to the public for
comment; it being noted that the Plan and Guidelines shall be considered at a
future Planning and Environment Committee public participation meeting;
b) the
proposed draft by-law, as appended to the staff report dated April 9, 2013 BE
CIRCULATED for public review and comment; it being noted that the Plan and
Guidelines shall be considered at a future Planning and Environment Committee
public participation meeting; and,
c) the
proposed draft Official Plan amendment, as appended to the staff report dated
April 9, 2013 BE CIRCULATED for public review and comment; it being noted
that the Plan and Guidelines shall be considered at a future Planning and
Environment Committee public participation meeting;
it being noted that the Planning and
Environment Committee heard a verbal presentation from the Heritage Planner
with respect to this matter. (2013-R01)
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|
11.
|
4th Report of the London Advisory Committee
on Heritage
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|
Motion made by Councillor B. Polhill to
Approve that the following actions be taken with respect to the 4th Report of
the London Advisory Committee on Heritage from its meeting held on March 13,
2013:
a) the
following actions be taken with respect to the Guy Lombardo Tempo VII
Hydroplane (Hydroplane):
i) the
mandate of the Tempo VII Hydroplane Sub-committee BE AMENDED to allow for the
consideration of locations outside of the City of London to display the
Hydroplane;
ii) the
Civic Administration BE REQUESTED to establish a process to allow for the
temporary exhibition of the Hydroplane at various venues; and,
iii) the
Civic Administration BE REQUESTED to determine a Source of Financing to cover
the cost of ensuring the road-worthiness of the Hydroplane’s trailer and
other expenses that would be incurred in transporting and exhibiting the
Hydroplane;
it being noted that the Tempo VII
Sub-committee has been unsuccessful, thus far, in finding display and/or
permanent storage space within the City of London for the Hydroplane
b) that clauses 2 through 10,
inclusive, of the 4th Report of the LACH, BE RECEIVED;
it being noted that the Planning and
Environment Committee heard a verbal presentation from George Goodlet, Chair,
LACH, with respect to these matters.
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, H.L. Usher, S.E. White (11)
RECUSED: D. Brown (1)
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12.
|
Property located at 77 Tecumseh Avenue West
(Z-8136)
|
|
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 Malcolm Ross, relating to the property located at 77 Tecumseh Avenue West:
a) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on April 16, 2013 to amend Zoning By-law No. Z.-1,
(in conformity with the Official Plan), to change the zoning of the subject
property FROM a Neighbourhood Facility (NF) Zone, which permits elementary
school uses TO a Residential R1 Special Provision (R1-3 (4)) Zone, to allow
for 10 single detached dwelling lots with a minimum lot frontage of 10m, a
minimum front and exterior setback to a main dwelling of 3.0m from a local
street and with a 1.2m minimum interior side yard setback and a Holding
Residential R8 Special Provision (h-5*h-(__)*R8-4 (¬_)) Zone, to permit an
apartment building in a converted institutional building (Manor Highland Park
Public School) as it exists at the time of the passing of this by-law with a
density of 39 units/ha (28 units), subject to a holding provision to ensure
sanitary and stormwater servicing reports have been prepared and confirmation
that sanitary and stormwater management systems are implemented to the
satisfaction of the City Engineer and a public site plan meeting be held;
and,
b) the
Site Plan Approval Authority BE REQUESTED to consider the following site
specific design issues through a public site plan process:
• the
site plan application drawings remain consistent with the drawings submitted
through the zoning by-law amendment process, particularly with regard to the
following:
• incorporating
architectural features on the exterior of the existing elementary school
building, such as large windows and the dual entrances marked by canopies
(one on the north elevation at the location of the existing principal
entrance facing Murray Park and one on the south elevation leading to the
proposed driveway and parking area) to improve the residential character of
the building by reducing the prevalence of large blank walls characteristic
of the elementary school use;
• retaining
the Forbes Street parking area loop layout with a loading lay-by found
adjacent to the main entrance to minimize the street front exposure of the
parking lot and maximize the amount of open landscape area fronting Forbes
Street;
• providing
safe, convenient and direct pedestrian connections between the existing
public sidewalks along Forbes Street and Tecumseh Avenue to the proposed main
entrances of the building; and,
• determining
the feasibility of having the entrance on Tecumseh Avenue instead of Forbes
Street;
c) the
Managing Director, Engineering and City Engineer BE REQUESTED to undertake
dye testing to ensure that raw sewage is not being discarded into the Coves
and to examine the sewage issues in the Coves;
it being noted that
the Planning and Environment Committee received a communication, dated
January 24, 2013, from Kimberley Wood, 27 Forbes Street, with respect to this
matter;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Malcolm
Ross, on behalf of Homes Unlimited – expressing support for the Civic
Administration’s recommendations; advising that Homes Unlimited is a
charitable, non-profit organization; indicating that Homes Unlimited manages
several properties; noting that most of their properties have live-in
superintendents; advising that they are applying for a grant through the City
of London’s Affordable Housing program; advising that the income range for
the proposed tenants will be between $24,000 to $36,000; advising that this
will assist young people and couples get established; indicating that Habitat
for Humanity has approached them for first rights of refusal; indicating
that, in areas where Homes Unlimited has built, the area property values have
increased and the neighbourhood has been improved; noting that Homes
Unlimited won a design award for their building on Nelson Street, near
Adelaide Street; advising that the application is for 28 units to be built in
the former school building and renovations will be completed to allow the
school to look more like an apartment building, rather than an abandoned
school; and advising that the proposed parking location is the most sensible
location on the site.
·
Thom
McClenaghan, 220 Base Line Road East – advising that he has lived in the area
for many years; indicating that he has a connection with Friends of the Coves
Subwatershed; indicating that there is currently an undertaking to make
Elmwood Avenue a significant gateway to the Coves Environmentally Significant
Area; advising that Ms. Wood makes excellent points in her communication;
enquiring as to the status of the current capacity of the existing storm and
sanitary sewers; noting that many millions of dollars have been spent on
infrastructure; advising that there is a combined storm and sanitary sewer in
one pipe and that there is also a crossover of pipes; requesting that the
project be held back until the infrastructure is fixed; advising that we do
not need more sewage in the Coves; and advising that the Coves is one area in
the City that is the most efficient to the quality of life in the
neighbourhood.
·
Kimberley
Wood, 27 Forbes Street – advising that she has resided at her residence since
2008; indicating that it is a quiet area; advising that the loss of the
school resulted in the loss of a community hub; noting that the area is now
used as a dog park; advising that she does not think that this is the best
fit for 28 affordable housing units; advising that she sees the school
property as a way to re-establish the community; recommending that an Ontario
Works satellite office be moved to the school or maybe open a small dance
school; indicating that she supports residential development; requesting that
everyone picture her street competing with 28 more cars; advising that she
would look out onto a parking lot; advising that it would increase traffic on
their street; indicating that the lack of visitor parking would have people
parking on Forbes Street and Tecumseh Avenue; advising that her driveway is
immediately across from the proposed parking lot; and indicating that if you
take out one lot for Habitat for Humanity, you could square up the lots.
·
David
Galloway, 19 Forbes Street – requesting two low density projects be developed
here instead; enquiring as to whether studies have been completed on the
potential impact on property values in the area; advising that he has lived
in this area for four years; and indicating that their property values took a
big hit when they were not able to block the methadone clinic that is four
blocks away.
·
David
Brooks, 25 Forbes Street – advising that many new people are moving into the
area and investing a lot of money in their properties; advising that the area
is becoming the new “Wortley” area; and, advising that if the affordable
housing units are built here, it will devalue their properties.
·
Kim
Semper, 31 Forbes Street – echoing what the other speakers have said;
indicating that, with the installation of 28 single apartments, there will be
an increase in the number of people, cars, guests and friends; advising that
it makes more sense to have access on Tecumseh Avenue; enquiring as to where
the snow will be piled; and enquiring as to the reason for 28 single units.
·
Chris
Kalmar, 21 Forbes Street – advising that the school closure was unexpected;
expressing support for the Habitat for Humanity house, but not the rest of
the application; enquiring as to what other proposals can be put in there;
indicating that the crime rate in this area will increase; and, advising that
this is a quiet neighbourhood and they would like to keep it this way.
(2013-D14A)
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That, on the recommendation of the Managing
Director, Planning and City Planner, with respect to the application of
1875425 Ontario Inc., relating to the properties located at 275-277
Piccadilly Street, the request to amend Zoning By-law No. Z.-1, to change the
zoning of the subject property FROM a Residential R2 (R2-2) Zone, which
permits single detached, semi-detached, duplex and converted dwellings TO a
Residential R8 (R8-3) Zone, to permit, apartment buildings, handicapped
persons apartment buildings, lodging house class 2, stacked townhousing,
senior citizen apartment buildings, emergency care establishments and
continuum-of-care facilities BE REFUSED for the following reasons:
i) the
current zoning for this area is appropriate, promotes neighbourhood
stability, and allows redevelopment of residential properties in a manner
which is compatible with the surrounding neighbourhood, consistent with the
Provincial Policy Statement;
ii) opportunities
for infill and intensification have already been provided in areas around the
Piccadilly Neighbourhood;
iii) the
site is currently developed at a higher density than what is currently
permitted by the zoning and official plan and is not considered
underutilized;
iv) the
requested amendment is not consistent with the policies of the Provincial
Policy Statement, 2005 which encourage efficient development and land use
patterns which sustain the financial well-being of the municipality;
v) the
requested amendment is not consistent with the Residential Intensification
policies of the Official Plan;
vi) the
proposed amendment would constitute "spot" zoning, and is not
considered appropriate in isolation from the surrounding neighbourhood; the
site is not unique and does not have any special attributes which would
warrant a site specific amendment; and
vii) the
requested amendment could create opportunities for additional multiple unit
residential uses and erode the residential character of the area;
it being noted that the
Planning and Environment Committee reviewed and received the following
communications, with respect to this matter:
·
a communication from Wendy Dickinson, Planning Chair, The
Woodfield Community Association; and,
·
a communication, dated April 8, 2013, from John Fracasso, 314
Piccadilly Street;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Richard
Zelinka, Zelinka Priamo Ltd., on behalf of the applicant – advising that the
site is not unique within the context; however, it is unique; noting that the
building design is unique and within the character of the area; advising that
the two properties currently contain nine dwelling units; noting that the
applicant wishes to increase the number of units to 11; advising that these
will be premium units, consisting of a multi-level design; noting that it is
similar to a fourplex, with three level units; advising that there will be
one unit underneath the units in both buildings; indicating that this will be
a different design from what is normally associated with apartment buildings;
indicating that this will be attractive to students and families; indicating
that these buildings are intended to be turned into condominiums; indicating
that it is a desirable area; noting that it is close to parkland, is an easy
walk to Richmond Row and is transit supported; advising that 275 Piccadilly
Street is the largest lot in the area; indicating that both properties have
2½ storey houses on them now; noting that the same height is proposed for the
new buildings; further noting that the entrance will be onto Piccadilly
Street; indicating that the west facing wall bears no recognition to the fact
that it is the entrance to a neighbourhood; indicating that they are not
intensifying, they are only adding two additional units; noting that the
intensity is well within the area; advising that the building has had nine
units for a long time; advising that the open space design will help to
enhance the area; advising that, currently, this corner is very open, with an
exceptional amount of openness and low coverage; indicating that the proposed
buildings will be built in a way that maintains openness on the site;
indicating that the site maintains a large landscaped area; advising that the
corner site is on two double-wide road allowances which means the yards are
abundant in landscape, open space and boulevard; indicating that this site is
at a transition, being opposite Wellington Street; indicating that the
building heights are 27 metres on the west side; indicating that this is intended
to be a transitional area using built form consistent with the general area;
advising that the proposed height of the buildings is less than what is there
today; advising that the proposal is permitted by Official Plan
intensification policies; advising that the City’s urban design staff are
generally supportive of the buildings, which will have front, wrap around
porches and parking in the rear yard; advising that the Urban Design staff
encouraged the building to be built closer to Piccadilly Street; indicating
that they are able to address most of the recommendations, including moving
the buildings closer to the street; indicating that the buildings are set
back from the road as they have major front staircases; advising that most of
the buildings on the street are set back from the street; indicating that the
design the applicant is putting forward tries to maintain the character in
the area; indicating that there are revised drawings prepared, with the porch
being a major element of both dwellings; noting that the rear portion of the
building has a porch as well; indicating that the current design addresses
Piccadilly Street and Wellington Street by removing the existing seven car
garage, bringing in a usable landscape area, covers less than the maximum
allowed in the area; and conforms with the Official Plan and Provincial
Policy Statement.
·
Anna
Woodson, 300 Piccadilly Street, Executive Director, Piccadilly Area
Neighbourhood Association, and on behalf of the Woodfield Community
Association – indicating that the property is designated low density
residential; advising that the property is currently legal non-conforming;
indicating that the use would eventually revert back to an R2-2 Zone;
advising that the neighbourhood has fought hard against this type of
development; indicating that the intensity is not compatible with the
neighbourhood; advising that Wellington Street is the boundary between
commercial and residential; indicating that a large number of the properties
are owner occupied; advising that they live on a beautiful street with
beautiful heritage homes; expressing support for the Civic Administration’s
recommendations; and advising that the Woodfield Community Association wrote
in as well, expressing their support for the Civic Administration’s
recommendations.
·
Tom
Burns, 274 Piccadilly Street – advising that he lives directly across from
the proposed buildings; indicating that for 18 years, their home has been a
single family home; advising that they are used to the students and busyness
of the area; advising that there are ongoing noise issues from the students
partying on the porches at 275 Piccadilly Street; advising that wrap around
porches will become magnets for student parties; noting that this will be the
same for the barbeque area; indicating that this will be a great place for
people occupying 37 bedrooms; indicating that there will be an increase in
traffic; advising that the current tenants leave garbage and recycling out
days after pick up; advising that they love where they live and want to
remain there; indicating that they are the anchor on the corner where they
live; and advising that the proposed development will do damage to the
neighbourhood.
·
Gord
Buxton, 289 Piccadilly Street – advising that he has seen the neighbourhood
change over the years; indicating that it is now family oriented; expressing
concern with the proposal and the changes that it will bring to the
neighbourhood; and advising that it would be the same for any other
neighbourhood development that went in.
·
John
Baskerville, 319 Piccadilly Street – advising that he has lived in his
residence for a long time; indicating that the proposal is not what the
neighbourhood is about; noting that the applicants’ representative was
careful not to mention the number of bedrooms; expressing opposition to the
application; and expressing support for the neighbours’ comments.
·
Craig
Martin, 735 Waterloo Street – indicating that Ms. Woodson summarized his
comments; expressing concern with the intensity of the proposal; and expressing
support for the Civic Administration’s recommendations.
·
John
Fracasso, 314 Piccadilly Street – advising that he has lived in the area for
33 years; indicating that people talk about design but not livability;
requesting that livability be kept in perspective; expressing surprise at Mr.
Zelinka’s defense of the development as he appeared before the Ontario
Municipal Board in support of lines and the difference they make for the same
residential block; noting that there is a domino effect; and requesting that
people listen to what Mr. Zelinka said a few years ago, not today.
·
Susan
Buxton, 289 Piccadilly Street – advising that they have gotten used to some
level of student activities; and expressing support for the Civic
Administration’s recommendations.
·
Lisa
Lansink, 34 Kenneth Avenue – advising that she is not here to either support
or oppose the application; indicating that she would like to see a mutual
fence between the two properties; and requesting that the lighting not shine
on her backyard.
·
Brenda
Stevenson, 301 Piccadilly Street – advising that they just purchased a
historical home that they plan to bring up to standard; indicating that this
application scares her; indicating that all of the homes in the area are
older; and advising that, if they had known about this application, they
would not have purchased their property.
·
Peter
Burnett, 300 Piccadilly Street – advising that he has lived in his residence
for over 20 years; indicating that Ms. Woodson has been before this Committee
a number of times relating to the increased intensification of the
neighbourhood; advising that this is a block of historic homes; indicating
that many of the homes on the street are single family, owner occupied homes;
advising that the proponent noted that there would be a modest increase in
the number of units; enquiring why the owner would not continue with business
as usual; enquiring why the redevelopment is necessary; reiterating that
there will be increased traffic problems; advising that there are traffic
calming measures on the street; advising that there is confusion at the
corner; indicating that there are problems with the students coming home at
2:00 a.m.; and indicating that he used to have a white picket fence around
his property, but he had to remove it as a support post was kicked so hard
that it was broken.
·
Margaret
Whitley, Montessori School of Children – expressing support for the Civic
Administration’s recommendations; advising that there are many families in
the area whose children attend Montessori; and that Montessori has ensured
that their buildings are in keeping with the neighbourhood. (2013-D14A)
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That, the Managing Director, Planning and
City Planner BE REQUESTED to report back at a future meeting of the Planning
and Environment Committee with respect to infill and planning projects in
established communities; it being noted that the Planning and Environment
Committee (PEC) received the attached enquiry from Councillor J.P.
Bryant with respect to this matter; it being further noted that the word
“infrastructure” was amended to read “infill”.
|
The motion to adopt clauses 1 to 16,
excluding clauses 11, 12, 13 and 15 is put.
Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
The
motion to adopt clause 11 is put.
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P.
Van Meerbergen, H.L. Usher, S.E. White (11)
RECUSED: D. Brown (1)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor D. Brown to Amend clause 12 part c) to read as
follows:
“c) the
Managing Director, Environmental and Engineering Services and City Engineer
BE REQUESTED to undertake dye testing to ensure that raw sewage is not being
discarded in the Coves, as it relates to 77 Tecumseh Avenue West; it being
noted that the City is undertaking an examination of overflows to the Coves
and throughout the City as part of the Pollution Prevention Control Plan
(PPCP).”
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (11)
RECUSED: M. Brown (1)
|
At
8:36 PM Councillor J.B. Swan returns to the meeting.
|
Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Refer clause 12 back to the Civic
Administration for further consultation with the applicant with respect to
access off Tecumseh Avenue West and to consider less density.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, P. Hubert, D.G. Henderson, P. Van Meerbergen,
D. Brown, H.L. Usher, S.E. White (11)
NAYS: J.L. Baechler (1)
RECUSED: M. Brown (1)
Clause 12, as amended and referred, reads
as follows:
That, on the recommendation of the Managing
Director, Planning and City Planner, the following actions be taken with
respect to the application of Malcolm Ross, relating to the property located
at 77 Tecumseh Avenue West:
a) the
attached, revised, proposed by-law BE INTRODUCED at the Municipal
Council meeting to be held on April 16, 2013 to amend Zoning By-law No. Z.-1,
(in conformity with the Official Plan), to change the zoning of the subject
property FROM a Neighbourhood Facility (NF) Zone, which permits elementary
school uses TO a Residential R1 Special Provision (R1-3 (4)) Zone, to allow
for 10 single detached dwelling lots with a minimum lot frontage of 10m, a
minimum front and exterior setback to a main dwelling of 3.0m from a local
street and with a 1.2m minimum interior side yard setback and a Holding
Residential R8 Special Provision (h-5*h-(__)*R8-4 (¬_)) Zone, to permit an
apartment building in a converted institutional building (Manor Highland Park
Public School) as it exists at the time of the passing of this by-law with a
density of 39 units/ha (28 units), subject to a holding provision to ensure
sanitary and stormwater servicing reports have been prepared and confirmation
that sanitary and stormwater management systems are implemented to the
satisfaction of the City Engineer and a public site plan meeting be held;
and,
b) the
Site Plan Approval Authority BE REQUESTED to consider the following site
specific design issues through a public site plan process:
• the
site plan application drawings remain consistent with the drawings submitted
through the zoning by-law amendment process, particularly with regard to the
following:
• incorporating
architectural features on the exterior of the existing elementary school
building, such as large windows and the dual entrances marked by canopies
(one on the north elevation at the location of the existing principal
entrance facing Murray Park and one on the south elevation leading to the
proposed driveway and parking area) to improve the residential character of
the building by reducing the prevalence of large blank walls characteristic
of the elementary school use;
• retaining
the Forbes Street parking area loop layout with a loading lay-by found
adjacent to the main entrance to minimize the street front exposure of the
parking lot and maximize the amount of open landscape area fronting Forbes
Street;
• providing
safe, convenient and direct pedestrian connections between the existing
public sidewalks along Forbes Street and Tecumseh Avenue to the proposed main
entrances of the building; and,
• determining
the feasibility of having the entrance on Tecumseh Avenue instead of Forbes
Street;
c) the
Managing Director, Environmental and Engineering Services and City Engineer
BE REQUESTED to undertake dye testing to ensure that raw sewage is not being
discarded in the Coves, as it relates to 77 Tecumseh Avenue West; it being
noted that the City is undertaking an examination of overflows to the Coves
and throughout the City as part of the Pollution Prevention Control Plan
(PPCP);
it being noted that
the Planning and Environment Committee received a communication, dated
January 24, 2013, from Kimberley Wood, 27 Forbes Street, with respect to this
matter;
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
Malcolm
Ross, on behalf of Homes Unlimited – expressing support for the Civic
Administration’s recommendations; advising that Homes Unlimited is a
charitable, non-profit organization; indicating that Homes Unlimited manages
several properties; noting that most of their properties have live-in superintendents;
advising that they are applying for a grant through the City of London’s
Affordable Housing program; advising that the income range for the proposed
tenants will be between $24,000 to $36,000; advising that this will assist
young people and couples get established; indicating that Habitat for
Humanity has approached them for first rights of refusal; indicating that, in
areas where Homes Unlimited has built, the area property values have
increased and the neighbourhood has been improved; noting that Homes
Unlimited won a design award for their building on Nelson Street, near
Adelaide Street; advising that the application is for 28 units to be built in
the former school building and renovations will be completed to allow the
school to look more like an apartment building, rather than an abandoned
school; and advising that the proposed parking location is the most sensible
location on the site.
·
Thom
McClenaghan, 220 Base Line Road East – advising that he has lived in the area
for many years; indicating that he has a connection with Friends of the Coves
Subwatershed; indicating that there is currently an undertaking to make
Elmwood Avenue a significant gateway to the Coves Environmentally Significant
Area; advising that Ms. Wood makes excellent points in her communication;
enquiring as to the status of the current capacity of the existing storm and
sanitary sewers; noting that many millions of dollars have been spent on
infrastructure; advising that there is a combined storm and sanitary sewer in
one pipe and that there is also a crossover of pipes; requesting that the
project be held back until the infrastructure is fixed; advising that we do
not need more sewage in the Coves; and advising that the Coves is one area in
the City that is the most efficient to the quality of life in the
neighbourhood.
·
Kimberley
Wood, 27 Forbes Street – advising that she has resided at her residence since
2008; indicating that it is a quiet area; advising that the loss of the
school resulted in the loss of a community hub; noting that the area is now
used as a dog park; advising that she does not think that this is the best
fit for 28 affordable housing units; advising that she sees the school
property as a way to re-establish the community; recommending that an Ontario
Works satellite office be moved to the school or maybe open a small dance
school; indicating that she supports residential development; requesting that
everyone picture her street competing with 28 more cars; advising that she
would look out onto a parking lot; advising that it would increase traffic on
their street; indicating that the lack of visitor parking would have people
parking on Forbes Street and Tecumseh Avenue; advising that her driveway is
immediately across from the proposed parking lot; and indicating that if you
take out one lot for Habitat for Humanity, you could square up the lots.
·
David
Galloway, 19 Forbes Street – requesting two low density projects be developed
here instead; enquiring as to whether studies have been completed on the
potential impact on property values in the area; advising that he has lived
in this area for four years; and indicating that their property values took a
big hit when they were not able to block the methadone clinic that is four
blocks away.
·
David
Brooks, 25 Forbes Street – advising that many new people are moving into the
area and investing a lot of money in their properties; advising that the area
is becoming the new “Wortley” area; and, advising that if the affordable
housing units are built here, it will devalue their properties.
·
Kim
Semper, 31 Forbes Street – echoing what the other speakers have said;
indicating that, with the installation of 28 single apartments, there will be
an increase in the number of people, cars, guests and friends; advising that
it makes more sense to have access on Tecumseh Avenue; enquiring as to where
the snow will be piled; and enquiring as to the reason for 28 single units.
·
Chris
Kalmar, 21 Forbes Street – advising that the school closure was unexpected;
expressing support for the Habitat for Humanity house, but not the rest of
the application; enquiring as to what other proposals can be put in there;
indicating that the crime rate in this area will increase; and, advising that
this is a quiet neighbourhood and they would like to keep it this way.
(2013-D14A)
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Motion
made by Councillor M. Brown to Approve clause 9.
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That the following actions be taken with
respect to the attached communication dated March 25, 2013 submitted
by S. Farhi, S. Farhi Holdings Corporation:
a) NO
ACTION BE TAKEN with respect to the proposed project located at 199
Queens Avenue;
b) Mr.
Farhi BE REQUESTED to provide the Civic Administration with additional
detail, including business plans and due diligence check lists, satisfactory
to the Civic Administration, with respect to the following projects
proposed in his communication dated March 25, 2013:
i) Market
Tower and Annex Sale - 151 Dundas Street;
ii) 402
Corridor Development - 500 acres along the 402 north of Colonel Talbot Road;
iii) Top
of the Thames - 435-451 Ridout Street;
iv) Lagrou
Park - 2679 Dundas Street;
v) Courthouse
Square - 74 Fullarton Street; and
c) the
Civic Administration BE REQUESTED to review and report back to the Investment
and Economic Prosperity Committee (IEPC), within 90 days of receipt of the
information requested from Mr. Farhi in b), above;
it being noted the IEPC received a
presentation from S. Farhi regarding this matter.
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The
Chair directs that consideration of part b)i) be differed until after the
in-camera session.
The
motion to adopt clause 9, excluding part b)i) is put.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, S. Orser, J.L. Baechler, M. Brown, P. Hubert, P. Van Meerbergen,
D. Brown, H.L. Usher, S.E. White (11)
NAYS: D.G. Henderson (1)
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|
Motion made by Councillor J.B. Swan to
Approve clauses 1 to 8.
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At 9:03 PM His Worship the Mayor places
Councillor M. Brown in the Chair and takes a seat at the Council Board.
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At 9:11 PM, His Worship the Mayor resumes
the Chair, and Councillor M. Brown takes his seat at the Council Board.
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That it BE NOTED that Councillor J. Swan
disclosed a pecuniary interest in clause 9 of this report, having to do with
a presentation by S. Farhi on proposed Farhi Holdings Corporation
developments in the City of London, by indicating that his employer, Orchestra
London, leases space that is owned by the Farhi Holding Corporation.
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That the Municipal Council resolution
adopted at its meeting held on February 28, 2013, with respect to assessment
growth allocation BE RECEIVED.
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That the Municipal Council resolution
adopted at its meeting held on February 28, 2013 with respect to the 2013
Operating Budget for services within the Culture Services BE RECEIVED.
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That NO ACTION BE TAKEN with respect to the
Municipal Council resolution adopted at its meeting held on February 28,
2013, related to a request for $25,000 funding for a feasibility study for a
Immigrant Incubation Centre; it being noted that the Investment and Economic
Prosperity Committee received the attached communication dated March
25, 2013, from J. Heriera, J. Malkin and A. Tang, Directors, London
Multicultural Community Association with respect to this matter.
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That the following actions be taken with
respect to job creation presentations:
a) the
attached presentation from P. White, President London Economic
Development Corporation, BE RECEIVED;
b) the
attached presentation from L. Da Silva, General Manager, London
Convention Centre, BE RECEIVED;
c) the
attached presentation from M. Sinclair, Tech Alliance, BE RECEIVED;
d) the
attached presentation from S. Pellarin, Executive Director, Small
Business Centre, BE RECEIVED;
e) the
verbal presentation from J. Winston, General Manager, Tourism London, BE
RECEIVED; and,
f) the
Civic Administration BE DIRECTED to report back to the Investment and
Economic Prosperity Committee with respect to the following:
i) a
summary of existing agencies and their programs, specifically to identify
areas for improvement or redundancy;
ii) a
plan to assist agencies to establish a single, practical, measurable and
transparent “jobs plan” for the City of London;
iii) steps
to continue to foster relationships with partners in education, health and
wealth creation; and,
iv) a
measureable system for retention of students from various graduate programs
in the City of London, following graduation, in conjunction with the various
agency partners noted above;
it being noted that the IEPC did not
receive a specific report from H. Filger, Director of Corporate Investment
and Partnerships, as Mr. Filger reports regularly to the IEPC with respect to
these matters.
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That the presentation from S. Lavoie,
President, Southwest Economic Alliance (SWEA) and D. Mumford, Regional Vice
President, Radio and TV Operations Bell Media, Ontario, BE RECEIVED; it being
noted that this presentation was considered with clause 5, above.
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That, on the recommendation of the London
Convention Centre (LCC) Board of Directors, the LCC 2012 operational surplus
in the amount of $154,093, BE TRANSFERRED to the LCC Special Projects
Reserve; it being noted that the Investment and Economic Prosperity Committee
received a communication dated March 4, 2013, from the Board of Directors,
LCC, with respect to this matter.
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That the verbal update, from G. Barrett,
Manager, Policy Planning and Programs, with respect to the public
participation opportunities to be held on April 23, 2013 before the Planning
and Environment Committee, relating to the proposed expansion of the Urban
Growth Boundary BE RECEIVED.
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Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
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Motion made by Councillor D. Brown to
Approve clauses 1, 2, 3, 4 and 8.
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|
That it BE NOTED that the following
pecuniary interests were disclosed:
a) Councillor
B. Armstrong discloses a pecuniary interest in clause 6 of this Report having
to do with Amendments to the Fees and Charges By-law, specific to Residential
Rental Units Licensing, by indicating that he owns rental properties; and
b) Councillor
J.P. Bryant discloses a pecuniary interest in clause 6 of this Report having
to do with Amendments to the Fees and Charges By-law, specific to Residential
Rental Units Licensing, by indicating that she has a rental unit in her home.
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That the 4th Report of the London Housing
Advisory Committee, from its meeting held on March 13, 2013, BE RECEIVED.
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That the 3rd Report of the London Diversity
and Race Relations Advisory Committee, from its meeting held on March 21,
2013, BE RECEIVED.
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That the 3rd Report of the Accessibility
Advisory Committee, from its meeting held on March 28, 2013, BE RECEIVED.
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That, on the recommendation of Tim Dobbie –
Tim L. Dobbie Consulting Ltd. and the Managing Director of Parks &
Recreation, with the concurrence of the City Manager, the by-law, appended to
the report dated April 8, 2013, BE INTRODUCED at the Municipal Council
Meeting of April 16, 2013 to:
a) authorize
the City Manager or written designate, to execute “Liquor Sales Licence
Applications” for submission to the Alcohol and Gaming Commission of Ontario;
and,
b) repeal By-law A.-6558-217 and
By-law A.-6304-32.
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Motion
Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher, S.E. White (13)
Motion
made by Councillor D. Brown to Approve clause 6.
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That the matter of amendments to the Fees
and Charges By-law A-46, to include Residential Rental Units Licensing By-law
fess and Property Standards Order Fees BE REFERRED back to Civic
Administration to review and report back to a future meeting of the Community
and Protective Services Committee, with respect to additional information
including such matters as units not currently in compliance, continued
non-compliance and a more reasonable fee increase for the program (not full
recovery) including a variety of options;
it being noted that the Community and
Protective Services Committee (CPSC) received the attached
presentation from the Manager of Licensing and Municipal Law Enforcement and
a verbal presentation from Deputy Fire Chief, J. Jessop;
it being further noted that the CPSC
received the following in support of residential unit licensing:
a) a
communication dated April 2, 2013, from S. Grindrod, Western University –
Housing & Ancillary Services; and
b) a communication from B. Hull,
Vice-President Administration, Fanshawe College.
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made oral submissions in connection therewith:
·
J.
Hoffer, Cohen Highley, representing the London Property Management
Association – providing the attached submission.
·
S.
Palmer, 301 Consortium Court – indicating that she is speaking for several
landlords and property managers to express concern related to the lack of
focus on non-compliance with the by-law; questioning what is being done about
those landlords who are not applying, and indicating that the fee increase is
not justified.
·
C.
McKone, 23 Applewood Lane – noting that he is representing a small group of
landlords, with 32 building currently licensed under this by-law; advising
that he has embraced the program even though he disagrees with it and that
the fee increase is penalizing people who are doing a good job.
·
G.
Anthony, 530 Elizabeth Street – posing questions related to the references
cited about the City of Oshawa by-law and suggesting that the City of London
is not comparable because the rental revenue levels are quite different.
·
S.
Morrison, 803 Waterloo Street – indicating that he owns 6 or 7 rental
properties in Old North and noting agreement with previous comments in
opposition to the proposed fee increase; advising that this program is
already very expensive for small landlords and that it is not fair that other
rental properties aren’t paying anything; further noting that the increased
license fee will result in less building maintenance and will negatively
affect his business; suggesting that the by-law isn’t increasing safety, but
is a punitive tax on small landlords.
·
V.
VanLinden, 431 Ridgewood Crescent – offering to the committee a “tenant’s”
point of view, noting she has lived in this type of rental housing most of
her life; noting that low-income individuals choose this type of housing and
support for affordable housing, while stating that she opposes such a steep
fee increase; advising that over 4,000 Londoners rely on the Foodbank and
likely some of these people are living in the affected properties, and
requesting that such an increase not be allowed.
·
Resident
– noting that he started to liquidate his rental properties with the
implementation of the by-law as he did not want to be bothered with the
additional hassle; noting that fire inspections are only pass or fail, and
that there is an issue with that legislation in that a lot of properties
aren’t sub-standard but can’t be deemed in compliance; suggesting that the costs
of the program should have been known and that the City is now trying to
“bait and switch” and this is unfair to homeowners.
·
E.
Sims, 65 Nottinghill Crescent – indicating that she is a small landlord and
does not feel the fee should be increased on a program that serves no
purpose; suggesting that the fee increase will result in less investment by
owners on rental properties, and that the amount will be imposed on tenants.
·
L.
Palumbo, 502 Central Avenue – noting that he is opposed to the fee increase
but not the principles of the by-law, and he thought that the services of the
program were already provided through other fees; advising that responses
should be based on complaints from tenants and that no one should be living
in unsafe housing; advising that most properties are already in compliance
and landlords are generally doing a good job; suggesting that a licensing
program should be required and questioning the costs amounting to $420,000;
noting that the fee increase is targeted to a small portion of the community
and that funds should be raised through fines for non-compliance, not the
registration of those in compliance.
·
S.
McNally, 133 Toulon Crescent – noting that he is opposed to the by-law and
that infractions should raise funds not the licensing fee.
·
M.
Black 1609 Hillside Drive – noting that prior to the program all inspections
were already being done by responsible landlords; advising that he owns
several properties; suggesting that the by-law was originally implemented
due to problems in specific areas and that new density and development is
taking the pressure off some neighbourhoods; advising that the market is
soft and problems are correcting themselves, and that fee increases will be
passed along to the tenants and the increase is not necessary.
·
D.
McKelvey, 32 Hope Street – advising that he renovates old houses and recently
brought one back from ‘oblivion’ but cannot afford to do this work in London
anymore because of this by-law.
·
A.
Kaplansky – indicating that an 800% fee increase is not justified and that
the City should spend less time in court fighting development if its
concerned about budget constraints; indicating that development should be
promoted.
·
M.
Shmukler, 1643 Hillside Drive – advising that he was considering new windows
in some of his properties but will have to reconsider this work due to the
proposed fee increase.
·
D.
McBurney, 4-466 South Street – indicating support for the by-law but noting
that the increase is significant; suggesting that the program needs to be expanded,
reminding of the reasons it was created in the first place – sub-standard
housing; noting that rental prices in London are over-inflated creating an
artificially high market and that the City takes on ancillary costs and has
paid utilities for bad landlords.
·
B.
Zhang, 258 Brunswick Crescent – noting his opposition to the increase of 800%
and his agreement with other comments made; and questioning where $420,000
goes annually for the program.
·
W.
Dow, 1174 Fogarty Street – advising that she owns a rental property near
Fanshawe but is not getting the expected revenue due to restrictions and that
she adheres to the by-law; noting that she sells real estate and when she
advises potential purchasers of the licensing requirement sales are
negatively affected.
·
D.
Torhjelm, 442 Whisker Street – noting agreement with the previous comments
made and expressing frustration with the need for the program at all;
questioning the percentage of landlords that are licensed and suggesting that
if the issue is compliance the City should be going after the unlicensed.
·
M.
Dow, 433 High Street – noting that the financial cost of the program is an
affront to the taxpayer; and advising that she works 2 jobs to maintain her
property and that the fee increase will be a deterrent.
·
D.
Hynes, 591 Rosedale Street – advising that he owns 2 rental homes and doesn’t
raise rent unless he has to and suggesting that $100.00 may not seem like a
lot, but it is a substantial increase.
·
J.
Pinheiro, 22 Drummond Place – suggesting that the increase is based on
over-run services to cover the costs and questioning what additional
increases may be in store.
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, J.B. Swan,
S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G. Henderson, P. Van
Meerbergen, D. Brown, H.L. Usher, S.E. White (12)
RECUSED: W.J. Armstrong (1)
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At
9:25 PM, Councillor P. Van Meerbergen leaves the meeting.
Motion
made by Councillor D. Brown to Approve clause 7.
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That, on the recommendation of the Managing
Director, Neighbourhood, Children and Fire Services, the following actions be
taken with respect to the new Provincial Child Care Funding Formula:
a) the report dated April 8, 2013
BE RECEIVED; and
b) the
by-law, as appended to the staff report dated April 8, 2013, BE INTRODUCED at
the Municipal Council meeting of April 16, 2013 to establish and maintain a
Child Care and Early Childhood Development Reserve Fund. (2013-C01)
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
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Motion
made by Councillor W.J. Armstrong to Approve clause 5.
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That, on the recommendation of the Managing
Director of Parks & Recreation, the following actions be taken with
respect to a Licence Agreement for the Use of Labatt Park:
a) the
by-law, appended to the staff report dated April 8, 2013, BE INTRODUCED at
the Municipal Council meeting on April 16, 2013, to:
i)
approve a Licence Agreement between the City of London and London Majors
Baseball for non-exclusive use of Labatt Park for the period of April 16,
2013 to October 31, 2014;
ii)
delegate to the Managing Director of Parks and Recreation, or designate, the
authority to authorize and approve such further other documents, including
agreements, that may be required in furtherance of the licence agreement that
are:
A) consistent
with the requirements contained in the Agreement;
B) do
not require additional funding or are provided for in the City’s current
budget; and
C) do
not increase the indebtedness or liabilities of The Corporation of the City
of London, subject to prior review and approval by the City Solicitor;
iii) authorize
the Managing Director of Parks and Recreation, or designate, to execute any
agreements approved under i) or ii), above; and
b)
the Civic Administration BE DIRECTED to monitor the terms of the Agreement
and the Club's ability to pay.
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Motion made by Councillor D. Brown and
seconded by Councillor B. Polhill to Refer clause 5 back to the Civic
Administration to have further discussions with London Majors Baseball to
amend the Agreement to allow for one-time events, including those through
sports tourism, and to clarify that exclusive use would be for league events
only.
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|
Motion Failed
YEAS: W.J. Armstrong, S. Orser, D.G.
Henderson, D. Brown, H.L. Usher (5)
NAYS: J.F. Fontana, B. Polhill, J.B. Swan,
J.L. Baechler, M. Brown, P. Hubert, S.E. White (7)
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Motion made by Councillor S.E. White and
seconded by Councillor P. Hubert to Amend clause 5, to add the following at
the end of the clause, "it being noted that the City acknowledges the
contributions of the London Majors to the City of London."
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
|
|
Motion made by Councillor J.B. Swan and
seconded by Councillor S.E. White to Approve clause 5, as amended.
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D. Brown,
H.L. Usher, S.E. White (11)
NAYS: D.G. Henderson (1)
Clause 5, as amended, reads as follows:
that, on the recommendation of the Managing
Director of Parks & Recreation, the following actions be taken with
respect to a Licence Agreement for the Use of Labatt Park:
a) the
by-law, appended to the staff report dated April 8, 2013, BE INTRODUCED at
the Municipal Council meeting on April 16, 2013, to:
i)
approve a Licence Agreement between the City of London and London Majors
Baseball for non-exclusive use of Labatt Park for the period of April 16,
2013 to October 31, 2014;
ii)
delegate to the Managing Director of Parks and Recreation, or designate, the
authority to authorize and approve such further other documents, including
agreements, that may be required in furtherance of the licence agreement that
are:
A) consistent
with the requirements contained in the Agreement;
B) do
not require additional funding or are provided for in the City’s current
budget; and
C) do
not increase the indebtedness or liabilities of The Corporation of the City
of London, subject to prior review and approval by the City Solicitor;
iii) authorize
the Managing Director of Parks and Recreation, or designate, to execute any
agreements approved under i) or ii), above; and
b)
the Civic Administration BE DIRECTED to monitor the terms of the Agreement
and the Club's ability to pay;
it being noted that the City acknowledges
the contributions of the London Majors to the City of London.
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|
Motion made by Councillor P. Hubert to
Approve clause 3.
3. Thames
Valley District School Board - Consideration of Councillor Appointment to the
Accommodation Review Committee (ARC) for Aberdeen Public School, Ealing
Public School and Trafalgar Public School
That Councillor B. Polhill BE APPOINTED to
the Accommodation Review Committee (ARC) for the Thames Valley District
School Board (TVDSB) for Aberdeen Public School, Ealing Public School and
Trafalgar Public School.
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|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
RECUSED: M. Brown (1)
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|
Motion made by Councillor P. Hubert to
Approve clauses 1to 6, excluding clause 3.
|
2.
Council
Compensation Review Task Force
|
That, on the recommendation of the City
Manager, the Terms of Reference for the Council Compensation Review Task
Force BE AMENDED to delete the requirement for one of the Members-at-Large to
be a person with past experience on Council; it being noted that the input of
presently-serving Council Members will be sought during reviews of Council
compensation to ensure that the Task Force takes into consideration the
current working environment for Council Members.
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4. City
of London and London District Catholic School Board Liaison Committee
That the following individuals BE APPOINTED
to the City of London and London District Catholic School Board Liaison
Committee for the term ending November 30, 2014:
• Councillor D. Henderson
• Councillor J.B. Swan
• Councillor W.J. Armstrong
it being noted that discussions may include
matters pertaining to the repurposing of school subject to closure.
5. Request
for Delegation Status at the May 13, 2013 Strategic Priorities and Policy
Committee Meeting re LHI Annual General Meeting
That the following actions be taken with
respect to the 2012 Annual General Meeting of the Shareholder for London Hydro
Inc.:
a) the
2012 Annual General Meeting of the Shareholder for London Hydro Inc. BE HELD at
a meeting of the Strategic Priorities and Policy Committee on May 13, 2013, for
the purpose of receiving the report from the Board of London Hydro Inc. in
accordance with the Shareholder Declaration and the Business Corporations Act,
R.S.O. 1990, c. B.16; and,
b) the
City Clerk BE DIRECTED to provide notice of the 2012 Annual Meeting to the
Board of Directors for London Hydro Inc., and to invite the Chair of the Board
and Chief Executive Officer of London Hydro Inc. to attend at the Annual
Meeting and present the report of the Board in accordance with Article 7.1 of
the Shareholder Declaration; and,
it being noted that the Strategic Priorities
and Policy Committee received a communication dated April 5, 2013, from P. C.
Johnson, Chair, London Hydro Inc., with respect to this matter.
6. Request
for Delegation Status at the May 13, 2013 Strategic Priorities and Policy
Committee re LMHC Annual General Meeting
That the following actions be taken with
respect to the 2012 Annual General Meeting of the Shareholder for the London
& Middlesex Housing Corporation:
a) the
2012 Annual General Meeting of the Shareholder for the London & Middlesex
Housing Corporation BE HELD at a meeting of the Strategic Priorities and Policy
Committee on May 13, 2013, for the purpose of receiving the report from the
Board of the London & Middlesex Housing Corporation in accordance with the
Shareholder Declaration and the Business Corporations Act, R.S.O. 1990, c.
B.16; and
b) the
City Clerk BE DIRECTED to provide notice of the 2012 Annual Meeting to the
Board of Directors for London Middlesex Housing Corporation and to invite the
Chair of the Board and Chief Executive Officer of London Middlesex Housing
Corporation to attend at the Annual Meeting and present the report of the Board
in accordance with Article 7.1 of the Shareholder Declaration;
it being noted that the Strategic Priorities
and Policy Committee received a communication dated April 8, 2013, from S.
Matthew, Interim Executive Director, London & Middlesex Housing Corporation
with respect to this matter.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
|
None.
Councillor
S. Orser enquired about the proposed building demolitions at the Western Fair
District to accommodate additional parking. The enquiry was referred to the
Investment and Economic Prosperity Committee for consideration.
|
Motion made by Councillor H.L. Usher and
seconded by Councillor D. Brown to Approve leave to introduce an emergent
motion related to the Elgin Middlesex Detention Centre.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
NAYS: M. Brown (1)
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|
Motion made by Councillor D. Brown and
seconded by Councillor H.L. Usher to Approve that the Mayor BE REQUESTED to
send a letter to the Minister of Community Safety and Correctional Services,
the Honourable Madeleine Meilleur, asking that immediate steps be taken to
improve the health and safety conditions at Elgin Middlesex Detention Centre
for the inmates, staff and emergency services of the Centre.
|
|
Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
|
|
Motion made by Councillor B. Polhill and
seconded by Councillor J.L. Baechler to Approve 1st reading of Bill No. 189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
RECUSED: M. Brown (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor J.B. Swan to Approve 2nd reading of Bill No. 189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
RECUSED: M. Brown (1)
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Motion made by Councillor B. Polhill and
seconded by Councillor J.B. Swan to Approve 3rd reading of Bill No. 189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, P. Hubert, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
RECUSED: M. Brown (1)
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Motion made by Councillor D. Brown and
seconded by Councillor P. Hubert to Approve 1st reading and introduction of
Bill Nos.169 to 190, excluding Bill No.189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
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Motion made by Councillor M. Brown and
seconded by Councillor J.B. Swan to Approve 2nd reading of Bill Nos.169 to
190, excluding Bill No.189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
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Motion made by Councillor M. Brown and
seconded by Councillor J.B. Swan to Approve 3rd reading of Bill Nos.169 to
190, excluding Bill No.189.
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Motion Passed
YEAS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, D. Brown, H.L. Usher, S.E. White (12)
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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. 169
By-law
No. A.-6940-134
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A by-law to confirm the proceedings of the Council Meeting held
on the 16th day of April, 2013. (City Clerk)
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Bill
No. 170
By-law
No. A.-6941-135
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A by-law levying tax rates for property classes in 2013.
(City Treasurer)
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Bill
No. 171
By-law
No. A.-6942-136
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A by-law to raise the amount required for the purposes of the
Argyle Business Association Improvement Area Board of Management for the year
2013 in accordance with section 208 of the Municipal Act, 2001.
(8/10/CSC)
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Bill
No. 172
By-law
No. A.-6943-137
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A by-law to raise the amount required for the purposes of The
Old East Village Business Improvement Area Board of Management for the year
2013 in accordance with section 208 of the Municipal Act, 2001.
(7/10/CSC)
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Bill
No. 173
By-law
No. A.-6944-138
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A by-law to raise the amount required for the purposes of The
London Downtown Business Association Improvement Area Board of Management for
the year 2013 in accordance with section 208 of the Municipal Act, 2001.
(9/10/CSC)
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Bill
No. 174
By-law
No. A.-6945-139
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A by-law to establish the Child Care and Early Childhood
Development Reserve Fund. (7/7/CPSC)
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Bill
No. 175
By-law
No. A.-6946-140
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A By-law to authorize and approve a Licence Agreement between
London Majors Baseball Corporation and The Corporation of the City of London; and to authorize the
Managing Director of Parks and Recreation, or designate, to execute the
Agreement. (5/7/CPSC)
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Bill
No. 176
By-law
No. A.-6947-141
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A By-law to authorize the City Manager, or written designate, to
execute “Liquor Sales Licence Applications” for submission to the Alcohol and
Gaming Commission of Ontario. (8/7/CPSC)
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Bill
No. 177
By-law
No. L.S.P.- 3429-142
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A
by-law to authorize an application to expropriate lands in the City of
London in the County of Middlesex for the Hyde Park Road Widening and Improvements,
Phase 1 (Oxford Street and South Carriage Road) (13/8/CSC)
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Bill
No. 178
By-law
No. PS-111-13119
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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.” (9/8/CWC)
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Bill
No. 179
By-law
No. S.-5558-143
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A by-law to lay out, constitute, establish and assume lands and
reserves in the City of London as public highway. (as part of Bluegrass
Drive) (Chief Surveyor)
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Bill
No. 180
By-law
No. S.-5559-144
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A by-law to lay out, constitute, establish and assume certain
reserves in the City of London as public highway. (as part
of Wateroak Drive, east of Foxbend Link).
(Chief Surveyor)
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Bill
No. 181
By-law
No. S.-5560-145
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A by-law to lay out, constitute, establish and assume certain
reserves in the City of London as public highway. (as
widening to Concept Drive and Innovation Drive).
(Chief Surveyor)
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Bill
No. 182
By-law
No. S.-5561-146
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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 Hyde Park Road, south
of South Carriage Road) (Chief Surveyor)
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Bill
No. 183
By-law
No. S.-5562-147
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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 Talbot Street, north
of John Street) (Chief Surveyor)
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Bill
No. 184
By-law
No. W-8
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A by-law to provide for the Regulation of Water Supply in the
City of London. (12/8/CWC)
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Bill
No. 185
By-law
No. WM-28
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A by-law for regulation of wastewater and stormwater drainage
systems in the City of London. (12/8/CWC)
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Bill
No. 186
By-law
No. Z.-1-132175
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A
by-law to amend By-law No. Z.-1 to remove the holding provision from the
zoning on land located at 3047 Tillman Road. (5/8/PEC)
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Bill
No. 187
By-law
No. Z.-1-132176
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A
by-law to amend By-law No. Z.-1 to remove the holding provisions from the
zoning on the land located at 3200 Singleton Avenue. (6/8/PEC)
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Bill
No. 188
By-law
No. Z.-1-132177
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 555-557 Ridout
Street North.
(9/8/PEC)
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Bill
No. 189
By-law
No. Z.-1-132178
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A by-law to amend
By-law No. Z.-1 to rezone an area of land located at 77 Tecumseh Avenue
West.
(12/8/PEC)
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Bill
No. 190
By-law
No. 6948-148
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A by-law to authorize an Agreement of Purchase and Sale between
The Corporation of the City of London and Mary Kikkert for the acquisition
of 1 Meadowlily Road North and to authorize the Mayor and City Clerk to
execute the Agreement.
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Motion made by Councillor H.L. Usher and
seconded by Councillor M. Brown to Approve that Council rise and go into
Committee of the Whole, in camera, for the purpose of considering the
following:
g) A
matter to be considered for 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.
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Motion Passed
NAYS: J.F. Fontana, B. Polhill, W.J.
Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, D.G. Henderson, D.
Brown, H.L. Usher, S.E. White (11)
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The Council rises and goes in camera at 10:05
PM with Mayor J.F. Fontana in the Chair and all Members present except
Councillors J.B. Swan, N. Branscombe, P. Hubert, P. Van Meerbergen and J.P.
Bryant.
The Committee of the Whole rises and Council
resumes in regular session at 10:53 PM with Mayor J.F. Fontana in the Chair and
all Members present except Councillors J.B. Swan, N. Branscombe, P. Hubert, P.
Van Meerbergen and J.P. Bryant.
PRESENT: Mayor J.F. Fontana, B. Polhill,
W.J. Armstrong, J.B. Swan, S. Orser, J.L. Baechler, M. Brown, P. Hubert, D.G.
Henderson, P. Van Meerbergen, D. Brown, H.L. Usher and S.E. White and C.
Saunders (City Clerk).
ABESENT: Councillors N. Branscombe and J.P.
Bryant.
ALSO PRESENT: A. Zuidema, J.P. Barber, J.
Braam, J. Fleming, M. Hayward, L. Livingstone, V. McAlea Major, L.M. Rowe and
E. Soldo.
Motion
made by Councillor J.L. Baechler and seconded by Councillor S. Orser that
clause 3 of the 10th Report of the Corporate Services Committee be Amended in
line 3 of part b) by inserting after the word “Manager” the words “and City
Clerk”.
Motion
Passed
Motion
made by Councillor J.L. Baechler and seconded by Councillor H.L. Usher that
clause 9 of the 4th Report of the Investment and Economic Prosperity Committee
be Amended by inserting a new part b) as follows:
“b) NO ACTION
BE TAKEN with respect to the proposed project regarding the Market Tower and
Annex Sale at 151 Dundas Street”.
Motion
Passed
Motion made by Councillor J.L. Baechler 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 Manager of Realty Services, with respect to the
property municipally known as 1 Meadowlily Road North, further described as
Part Lot 8, Concession A, containing an area of approximately 1.45 acres, as
shown on Schedule “A” attached, for the purpose of parkland
and for the realignment of the Thames Valley Parkway pathway system along the
Thames River, the following actions be
taken:
a) the
offer submitted by Mary Kikkert to sell the subject property to the City, for
the sum of $275,000.00 BE ACCEPTED subject to the following conditions:
i) the
City agreeing to pay the Vendor’s reasonable legal costs, including
disbursements and applicable taxes to complete this transaction, subject to
assessment;
ii) the
City agreeing to assume the existing tenancy on a month to month basis, at a
monthly rent of $850.00, plus utilities;
iii) the
City having forty five (45) days from the date of acceptance of this agreement
to satisfy itself in its sole and absolute discretion as to the soil and
environmental condition of the subject property; and
b) financing
for this acquisition BE APPROVED as set out in the Sources of Financing Report attached
hereto as Appendix “A”.
Motion
Passed
Motion made by Councillor H.L. Usher and
seconded by Councillor M. Brown to Adjourn.
Motion Passed
The meeting adjourned at 10:55 PM.
_________________________________
Joe
Fontana, Mayor
_________________________________
Catharine
Saunders, City Clerk